Jacksonville Injury Attorney Blog

Monday night, a tire came separated from the axle of the trailer portion of a tractor-trailer traveling on I-95 in Volusia County caused a fatal accident when a car traveling behind the truck struck the tire. In addition to the fatality, two people suffered personal injuries in the accident. The Florida Highway Patrol is investigating the accident. Volusia County is located about one hour south of Jacksonville, Florida.

This is an unfortunate and unnecessary trucking accident. Most likely, either the company performing maintenance on the truck failed to properly secure the tire to the axle or the owner of the truck failed to have the truck properly maintained and inspected.

In either case, the persons suffering injuries or the family members of the deceased person have the right to seek compensation. Through this process, they can get many of their questions answered. Why did the tire come off of the truck? Who was responsible for maintaining the truck? When was the last time the truck tire had been serviced or inspected? The state of Florida may or may not get to the bottom of these important questions.

Continue reading "Truck Loses Tire Causing Fatal Auto Accident on I-95 " »

The Tallahassee City Commission approved a $2,600,00.00 settlement recently in the wrongful-death suit of a police informant who was killed during a drug sting operation. The lawsuit was brought by the parents of a twenty-three year old Forida State University student, who alleged that the City Police Department was negligent the manner in which she was used in the operation.

During the sting operation, the woman was given money to purchase drugs from suspected dealers. The meeting was arranged in a rural area. The police lost contact with the young woman and the suspected drug dealers murdered her and stole her car. The young woman's crime that resulted in her being used in such a dangerous police obligation? Possession of marijuana and medication without a prescription.

$200,000.00 of the settlement will be paid immediately. The remainder will only be paid if the Florida Legislature approves a claims bill specifically agreeing to pay the amount. The state is under no binding obligation to do so. Even if it occurs, it usually takes many years and much lobbying. Regardless of whether the settlement is ever funded, justice for this young woman will never be complete.

Only after trial began, the City finally acknowledged that the police department was negligent. Think about that - this is an especially egregious case. The City did not offer fair compensation before the parents hired an attorney. It should have. The City did not offer fair compensation during three years of litigation while devestasting facts of negligence were discovered. Only when the parents trial lawyers had started the trial and the writing was on the wall was the City forced to do the right thing.

We can only hope this recognition by the City will lead to more reasonable and cautious police behavior when enlisting citizens to perform work that it is obligated to do. In fact, the Florida Legislature has now passed a law requiring police to: adopt policies to protect informants; provide training for investigators who work with informants; make police inform informants they cannot be promised reduced sentences; and allow potential informants to talk with a lawyer before agreeing to act as an informant.

Although injury attorneys are much maligned in our society, consider what would have been accomplished if no attorneys were involved and a thorough investigation on the young woman's behalf was never done. Would policies have changed? Would more citizens accused (but not even convicted) of relatively minor crimes by killed?

Continue reading "City of Tallahassee, Florida, Approves $2.6 Million Settlement in Wrongful Death Case of Informant" »

An accident involving a truck and a school bus in downtown Jacksonville led to hospitalization for a mother and child. Despite the fact that the bus had its yellow warning flags on, the mother tried to pass the school bus on the left and was hit as the bus turned. The truck flipped several times until it landed in a fence and yard. The school bus accident occurred on Jacksonville’s East 11th Street just east of Martin Luther King Jr. Expressway.

Fortunately, the mother and child’s injuries were not life threatening. The school bus contained just two elementary school students in addition to the driver, none of whom were injured.

Considering a school bus weighs up to 40,000 pounds when filled to capacity, it is critical that motorists adhere strictly to school bus safety laws. Unfortunately, that is not always the case. According to the National Highway Traffic Safety Administration (NHTSA), nearly 10,000 motorists illegally pass school buses every day. Ignoring school bus safety laws can have grave consequences; the NHTSA reports an average of 35 students die in school bus accidents each year. It is against the law for drivers to pass a school bus when its amber or red lights are flashing.

Written by Elizabeth Allen

Continue reading "Truck with Jacksonville Mother and Child Collides with School Bus" »

A woman was recently killed in a car accident traveling westbound on J. Turner Butler Road in Jacksonville, causing traffic on three main thoroughfares to come to a standstill for more than an hour. The accident occurred when another motorist also traveling westbound drifted over from the right lane and hit the woman’s vehicle in the far left lane, causing the car to crash into a concrete barrier wall in the middle of Butler Boulevard and then flip until it came to a stop near the center median. The woman died at the scene. The driver causing the accident, and a small child who was also in the car, were taken to Shands Jacksonville Medical Center with non-threatening injuries.

Although the cause of the accident was not reported, distracted driving may have played a role. Distracted driving is any non-driving activity, such talking on a cell phone, texting, eating, or reading while driving. According to the National Highway Transportation Safety Association (NHTSA), 20 percent of injury crashes in 2009 involved distracted driving. Texting is particularly dangerous, because it usually involves taking your eyes off the road, taking your hands off the wheel, and taking your mind off of what you are doing, according to the NHTSA.

In addition, the area where the crash happened, on J. Turner Butler westbound near Belfort Road, is a particularly dangerous stretch where numerous accidents occur. The combination of fast speeds, incoming traffic from Belfort Road, and road construction, requires that drivers pay close attention and avoid distractions.

Written by Elizabeth Allen

Continue reading "Fatal Car Accident on J. Turner Butler Causes Traffic Standstill" »

The Occupational Safety and Health Administration is fining a local Jacksonville company more than $200,000 after an employee was electrocuted on the job. The accident happened on Jacksonville’s west side when the worker was unloading steel from a tractor-trailer and struck some nearby power lines.

According to the Occupational Safety and Health Administration, the company knew about the dangers of unloading near power lines, but did not take the necessary precautions to prevent the accident. One violation related to the worker’s death included preventing the cable lifting the steel from coming in contact with the power lines. Other violations included exposed wiring, improper employee training and improper inspections.

In Florida, workers compensation death benefits are extremely limited. Workers compensation insurance covers any on the job injury regardless of who was at fault for causing it. However, an employer is only responsible for paying the limited workers compensation benefits and cannot be sued for negligence. Because of this, it is important to investigate whether a company other than the employer may be at fault for the causing the workplace accident. The Lawrence Law Group can help you determine if someone other than the employer was at fault. If so, you may have a personal injury claim in addition to a workers compensation claim. Since the Lawrence Law Group handles both types of cases, we are able to pursue the two claims at the same time to get you the compensation you deserve. If the case involves a fatality, our attorneys have the expertise to pursue a wrongful death claim as well.

Written by Elizabeth Allen

Continue reading "Jacksonville Company Faces Stiff Penalties Following Employee’s Death" »

Yesterday, a Jacksonville Transit Authority bus struck and killed a man shortly after he disembarked. After the man exited the bus, the driver accelerated before returning the wheels to a straight position. Because the wheels were turned sharply to the right, the bus lurched forward to the right. As a result, the bus ran into the passenger, a fence, two signs and a tree. The man was taken to Shands Jacksonville Medical Center, where he was pronounced dead.

According to Jacksonville Transit Authority records, the bus driver had four previous accidents while on the job. After the first accident in 2001, the driver received a reprimand and a seven-day suspension. She also had to undergo remedial training twice, once after a passenger was hit by the bus' wheelchair ramp, and again after hitting a pole at the Jacksonville Naval Air Station. The driver is currently on administrative leave while the Jacksonville Sherriff’s Office and JTA investigate the accident. With so many accidents, we have to wonder why this driver was still on the road.

The City of Jacksonville and the Jacksonville Transportation Authority are entitled to limited sovereign immunity. The doctrine of sovereign immunity stems from centuries old legal principle that the government (or king) should be immune from suit. The Florida Legislature enacted a limited exception allowing for suit against the state and its municipalities in an amount not to exceed $100,000 per person and $200,000.00 in the aggregate. In some intstances, a claims bill can be brought to the Florida Legislature seeking additional funds.

Despite the low levels of these caps, we have sucessfully sued Florida municipalities, including the City of Jacksonville for, among other things: causing automobile accidents, failing to maintain roadways and for premises liability.

Written by Elizabeth Allen

Continue reading "Jacksonville Transit Authority Bus Kills Passenger " »

A gasoline truck driver has filed a lawsuit against property owners after being severely burned during a gas station explosion that occured about 20 miles south of Jacksonville.

The victim and his attorney blame the gas station owner for not having the proper systems in place to alert workers when the above-ground tank was full. The victim’s job was to fill the tank, but he did not realize that it was already full. When he attempted to fill the tank, it overflowed and erupted into flames, burning him severely. The man has lost the use of both arms and is in extreme pain. The lawsuit states that the gas station ownr did not comply with regulations to prevent accidental spills.

In a workplace accident like this one, the injured person may have two different claims: a worker's compensation claim; and a personal injury claim. This can happen when someone other than the injured person's employer negligently caused an injury. The interplay between worker's compensation and personal injury law can be complex and it is beneficial to hire a law firm that handles both.

Burn injuries can be one of the most devastating injuries a person can endure, both physically and mentally. Approximately 2.4 million burn injuries are reported every year in the United States and many victims face years of serious health challenges.

Written by Elizabeth Allen

Continue reading "Truck Driver Files Suit after Suffering Severe Burns in South Jacksonville Accident" »

This morning on Jacksonville’s west side, a tractor-trailer overturned on Interstate 10 as a result of a tire blowout. The crash caused an 80-gallon fuel spill and demolished 474 feet of guardrail along the interstate. Fortunately, no one was injured.

The tractor-trailer carrying bottled water was headed east on I-10 when the left front tire blew. The driver moved to the left lane and struck the guardrail. East bound lanes of I-10 will be closed until noon so a temporary guardrail can be installed.

Jacksonville is a major transportation corridor for tractor-trailers due the city’s interstate system, the port of Jacksonville and a heavy export industry. Because of this, trucking accidents in Jacksonville are common and often cause serious injuries. In fact, trucking accidents often cause the most serious injuries compared to other vehicles.

Written by Elizabeth Allen

Continue reading "Tractor-Trailer Crashes on Jacksonville’s I-10 " »

A Gainesville worker was killed yesterday after striking an underground electric line. The man was apparently using an augur to excavate for construction purposes. The accident happened on private property.

We see electric shock accidents far too often. The result of electrical accidents are often devastating including death and disfiguring burns. Recently, we handled the worker's compensation claim of a man shocked while working on electrical transmission lines. He suffered serious injuries including the partial amputation of his hand and foot. As a result, he was rendered permanently and totally disabled.

Buried lines present a significant danger if their location is not properly marked. A worker suffering an injury because of improperly marked lines may have both a worker's compensation claim and a personal injury claim against the company that failed to properly mark the location of the line.

Continue reading "Gainesville Man's Electrocution is a Far Too Common Occurrence " »

Four boaters on Florida's West coast are relieved to have avoided serious injuries after their 23-foot boat overturned. The boat flipped after striking a sandy beach jutting out into the Intracoastal Waterway.

Firefighters arrived on the scene to find the boat about 20 feet up on the beach. The passengers dug themselves out from under the boat, and were able to free a child who was trapped underneath. The boy was taken to the hospital as a precaution, according to the Florida Fish and Wildlife Conservation Commission.

A similar occurence happened just south of Jacksonville recently on Black Creek, when a man operating a small boat lost control and struck trees coming out from the bank. One person died in that accident.

Boaters should be aware of the dangers of running aground, or striking objects, especially at night. Hitting a sandbar at even a slow speed can cause a serious boating accident, since boats have no seatbelts and passengers can easily be ejected. Jacksonville boaters should pay particular attention to the unpredictable terrain in the St. Johns River and the Intracoastal Waterway, where there are many sandbars and hidden shallow areas.

Making sure your boat has working lights and slowing down in uncertain areas can help boaters avoid accidents. Taking a boating saftety course, like the one available through the Florida Fish and Wildlife Conservation Commission, is another way to avoid a mishap.

Written by Elizabeth Allen

Continue reading "Boaters Avoid Serious Injury after Running Aground" »

Recently on Jacksonville’s Southside, three children were seriously injured, at least one critically, in a car accident. The accident happened when the driver of the three children ran a red light and hit a car making a left turn. Unfortunately, the children were not wearing seatbelts.

Automobile accidents are the leading cause of death for children age 3 – 14, according to the National Highway Traffic Safety Administration. Not surprisingly, seat belts, if used properly, reduce the number of serious traffic injuries by 50 percent and deaths by 60-70 percent, according to a recent study by James Madison University. However, three out of four families with child safety seats use them incorrectly. Guidelines about proper use of car seats, boosters and seatbelts can be found at www.safekids.org. In addition, to have a car seat inspected and installed in Jacksonville, call Safe Kids of Northeast Florida Fitting Station at (904) 202-4302.

Continue reading "Three Children Injured in Jacksonville Car Accident " »

A senior offensive lineman at Miramar High School in South Florida died after a conditioning drill at the school’s football field. He was two weeks away from celebrating his 17th birthday.

Unfortunately, this is a story we’ve heard before. Recently, we published information about a University of Central Florida (UCF) football player who died after collapsing during drills due to complications from sickle cell disease. His family was awarded $10 million in a wrongful death lawsuit against UCF. Closer to home, a 12-year old Jacksonville boy died during his second day of Pee Wee League football practice in 2008.

Among athletes, the most common causes of death include complications related to sickle cell trait, heatstroke or an undiagnosed cardiac problem, according to Florida Atlantic University’s School of Medicine. Dehydration and over exertion can exacerbate these conditions.

Most of these deaths could be prevented if the proper precautions, such as providing adequate hydration and prior medical screenings, are taken. Athletic associations or schools can be held liable for wrongful death if cardiac arrest or severe dehydration is foreseeable and reasonable precautions are not taken.

The Miramar High School student’s official cause of death will be determined when autopsy results are completed.

Continue reading "Florida High School Football Player Dies during Summer Practice" »