Jacksonville Injury Attorney Blog
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When school is out for the summer, many American families embark on road trips to see more of the country and to make the most of their leisure time. While road trips lead to memories, it is important to make sure they do not lead to the wrong kind of memories. Interstate car accidents spike in the summer months when more cars are on the roads.

This is a particular problem in Florida which has some of the most dangerous stretches of highway in the country. Five years of highway fatality data demonstrate that Florida’s 382 mile stretch of I-95 is the most dangerous highway in the country, with the highest rate of fatal vehicle accidents, according to National Highway Traffic Safety Administration (NHTSA) data. Researchers found Florida’s stretch of I-95 has 1.73 fatal accidents per mile per year.

Tragic examples abound. Just last month, a man was killed on I-95 near Jacksonville when his SUV became lodged under a jackknifed tractor-trailer that crashed trying to avoid highway debris on northbound Interstate 95 in St. Johns County.

There is no way to prevent other drivers speeding or driving carelessly but there are some safety tips you should consider before you set off with your family on your summer road trip that could decrease your odds of being involved in a car crash.

Five safety tips for your summer road trip:

1. Make a checklist of things you should monitor on your car before you get on the road and go through the list. It should include:
• Tires are properly inflated with adequate tread;
• Belts and hoses;
• Wiper blades;
• Cooler systems;
• Fluid levels;
• Headlights and other lights;
• Air conditioning; and • Brakes.

The NHTSA urges drivers to check their tires at least once a month. The checks should include the spare. “A tire doesn’t have to be punctured to lose air. All tires naturally lose some air over time. In fact, under-inflation is the leading cause of tire failure,” according to the NHTSA.

2. Check child safety devices If your child is traveling with a badly fitted, or improperly installed, seat, it can be as unsafe as riding in a car with no child seat. Unfortunately, many parents fail to fit seats properly and terrible injuries can be caused to children. You can get your child’s seat checked at an inspection station by a certified technician. To find the nearest one see the Safercar.gov website. The NHTSA says all children aged 12 or younger should ride in the back seat. Also make sure your car seat is not the subject of a safety recall. You should also look out for other people’s children on the road. Be particularly careful if you are reversing in a holiday area full of children. SUVs often have blindspots and are a major cause of “backover” accidents.

3. Take Regular Breaks You may be eager to get to your destination but long periods of driving without breaks can be deadly. As many as 100,000 police-reported crashes are the direct result of driver fatigue each year. This results in an estimated 1,550 deaths and, 71,000 injuries. You should pull over for a rest every couple of hours, according to AAA and consider taking stimulants such as coffee. Rotate drivers, if possible. We have many drivers arriving in the Jacksonville area who have driven through the rural areas of South Carolina and Georgia without a break.

4. Avoid Distractions Plan your route in advance and plug it into your GPS before you start driving. If you are using a map, get a passenger to navigate, if possible. Don’t check routes or road conditions on your cell phone while you are driving and never text. Avoid other distractions such as food and distracting interactions with children.

5. Don’t speed Summer road trips can be frustrating, particularly when there is heavy traffic on the highways. Avoid putting your foot on the gas to make up time and getting involved in risky traffic maneuvers. Speeding and aggressive driving causes about a third of all fatal vehicle crashes. It’s not worth risking the lives of your family and other drivers, to get to your destination on time.

Authored by David Macaulay.
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“Head-on” collisions are obviously among the worst of all auto accidents – the force of the combined speed of the vehicles produces devastating impact. These accidents typically occur when one driver crosses a center line on a two lane road with no median. More than 40,000 people die in traffic accidents every year and a disproportionate number happen in head-on collisions.

Tragically, this was the case in Clay County earlier this month when five adults were killed and two children were seriously injured. The two car accident happened on Florida 21 about 30 miles south of Jacksonville near Green Cove Springs when a Toyota Camry crossed a center line and hit a vehicle heading the opposite direction.

Both drivers died in the impact as well as three other adults. Two children survived the wreck but were reported to be in a critical condition. Four of the dead were in the Camry which crossed a center line and the other fatality was the lone occupant of the other car, according to the Florida Highway Patrol. A 4-year-old who was injured in the Camry was not in a child restraint, according to reports, while the 2-year-old was restrained, according to the Florida Highway Patrol’s report.

This tragedy illustrates the deadly nature of head-on collisions in which both drivers have little time to react. According to the American Association of State Highway and Transportation Officials, nearly one in five fatal auto accidents involve head-on collisions. Nearly three quarters of head-on crashes occur on undivided two lane rural roads.

Very few of these accidents were a result of risky passing maneuvers. Of 7,430 vehicles involved in head-on crashes on two-lane, undivided roadway segments in the study, a mere 4.2 percent involved a vehicle “passing or overtaking another vehicle.” Instead, most of these accidents resulted from one driver losing control of his or her car and crossing a center line.

Although it can be difficult to take evasive action in situations like this, there are some things drivers can do to protect themselves from head–on collisions. First, you should stay well centered in your lane, where oncoming traffic is less likely to stray, and where you can get to the shoulder or the opposite side of the road more quickly. On multi-lane highways, the right lane is always the safest lane. Divided interstates are safer than rural undivided roads. When taking trips, plan to drive in mornings and avoid night time driving when a higher percentage of impaired drivers are on the road. If a car veers into your lane, steer to the right to avoid impact. Always wear your seatbelt. As always, defensive driving is a must.
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Tractor-trailers are the most dangerous vehicles on the roads. If you are hit by a eighteen wheeler, your chances of survival are much slimmer than if you are hit by a car. When we think of accidents involving tractor-trailers, semis, eighteen wheelers and other large trucks, we typically think of collisions. However, there is another type of accident that happens more often than many people think – when heavy objects fall from tractor-trailers and construction vehicles.

Even if you avoid an object that falls off a truck, it can cause a dangerous highway obstruction that causes other vehicles to crash. As reflected in some of our prior blogs, Jacksonville has had its fair share of these types of trucking accidents.

Earlier this month a 42-year-old man was killed in Jacksonville when a 7-ton slab of concrete fell from a truck, crushing him near the intersection of I-295 southbound and Old St. Augustine Road. According to the Jacksonville Fire and Rescue Department, the sound barrier panel which was to be put up on alongside I-95 fell off the truck, crushing the victim’s vehicle and killing him. The truck was owned by Big Ben Transport, a company headquartered in Tampa. The Occupational Safety & Health Administration and Department of Transportation was reported are investigationg to determine how this happened and to establish if negligence was involved.

In February of 2015, a driver was killed and his wife was injured on Interstate 95 in northern St. Johns County when a ladder fell off a truck into the path of another vehicle towing a camper. The 59-year-old man was killed and his wife was injured when their pickup truck jack-knifed and overturned after swerving to avoid the ladder that was lying in the center lane of the highway. The northbound lanes of I-95 were closed for more than eight hours while the accident was investigated and debris was cleared.

In addition to items that fall from vehicles, parts can come off a truck with deadly consequences. Last September, a 27-year-old man was killed when he was driving northbound on I-95 about 30 miles south of Jacksonville in St. Johns County, when a wheel came loose from a southbound truck, bounced over the concrete median and crashed through the windshield of his Mitsubishi Lancer.

Loads, tools and parts that fall from trucks prove deadly on Florida’s highways. One hundred and thirty one crashes caused by debris on the roads have already occurred in Florida since the beginning of 2015, with 21 persons suffering personal injuries. According to Triple A, unsecured loads are responsible for approximately 25,000 auto accidents in the United States annually. In those accidents, approximately 100 people die each year.

The Federal Motor Carrier Safety Administration governs trucks operating in interstate commerce. It has issued rules to ensure loads are safely secured on trucks. These load or cargo securement rules set out certain criteria for proper truck loading. Among those rules are:

• Maximum load weight limits;

• Requirements for transporting certain types of cargo that are susceptible to falling from a truck, such as logs (with the pulpwood logging industry in and around Jacksonville, this rule has special importance here), metal coils or automobiles;

• Requirements for cargo to be fully immobilized through the use of equipment such as inflatable dunnage bags; and
• A minimum number of tie-downs to immobilize cargo on the vehicle.
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Every year, boating accidents make headlines in the Jacksonville area as the waters get warmer and people head out for fun on our abundant waterways. Although boating accidents occur less frequently than automobile accidents, they tend to result in more serious injuries. With more than one million registered boats, Florida has the highest number of boating fatalities in the nation according to the Florida Fish and Wildlife Conservation Commission.

Just last month, a 9-year-old boy drowned when he was thrown from a boat into the St. Johns River during a fishing trip near East Palatka in Putnam County. The child and his grandmother’s boyfriend were knocked into the water when their 14-foot jonboat capsized after it was hit by the wake of a larger boat in the river near the U.S. 17 Memorial Bridge.

In 2009, a serious boating accident near Jacksonville left five people dead. The tragedy unfolded when an overcrowded 22-foot Crownline pleasure boat slammed into a moored 25-foot tugboat on the Intracoastal Waterway at Roscoe Boulevard South near Jacksonville Beach. The accident injured nine people, five from the Jacksonville area and four from California.

Personal watercraft, or jet skis, are among the most dangerous vessels. In 2010, a man from Jacksonville lost his life on a jet ski on Kingsley Lake, located about thirty minutes to the southwest of Jacksonville. The Florida Fish and Wildlife Conservation Commission indicated it was dark when Roche was riding and he he crashed the jet ski into another boat. Florida law prohibits the operation of personal watercraft from half an hour after sunset to half an hour before sunrise even if navigational lights are used. In addition, there are age restrictions that apply to PWCs that do not apply to other vessels.

Boating accidents can occur in a number of ways and a mistake can quickly become a disaster on a boat. They include:

• Inexperienced or negligent boat operation;
• Operating a boat under the influence of alcohol or drugs;
• Excess speed, leading to collisions;
• Capsizing or sinking of a boat;
• Being thrown overboard or falling overboard from a vessel;
• Distracted or careless boat driving;
• Gasoline fires or explosions; and • Overcrowded vessels.

The rules for boating in Florida are established by the Florida Fish and Wildlife Conservation Commission which are intended to prevent the careless and reckless operation of vessels. Anyone found to be operating a boat with “willful disregard for the safety of persons or property” will be cited for reckless operation, a first-degree misdemeanor.

The commission points out all boat operators are responsible for operating their vessels in a “reasonable and prudent manner” with regard for other boats, posted restrictions, the presence of a divers-down flag and other relevant circumstances so as not to endanger people or property.

There are also rules about speed on the water. Any vessel operating in a speed zone that is posted with “Idle Speed – No Wake” must operate at the minimum speed that allows the vessel to maintain headway with the ability to effectively steer the vessel.

Vessels operating in a speed zone posted with “Slow Down – Minimum Wake” are required to operate fully off plane and with the boat’s hull settled in the water. The commission states a vessel’s wake must not be excessive nor create a hazard to other vessels.
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In 2011, the Miami Herald’s investigative report “Neglected to Death” revealed the stark and horrific reality of life and death for many residents in Florida’s nursing homes and assisted living facilities.

Four years later, Florida legislators are still struggling to find a legislative framework to provide adequate oversight at the assisted living facilities that serve more than 86,000 Florida senior residents. In late April, the Florida Senate created a proposal to “improve enforcement and oversight” at assisted living facilities.

Enacting effective reform is a necessary task. The Miami Herald’s series, that followed a year-long investigation, was a stark indictment on Florida’s assisted living facilities. Specifically, it turned up at least 70 questionable deaths in Florida over a 10 year period, including:

• A 71-year-old who was killed when left in a bathtub of scalding water.
• A 74-year-old woman who was strapped so tightly the restraints cut into her skin, causing a blood clot that killed her.
• A 75 year-old Alzheimer’s patient who was allowed to walk out of a facility for the fourth time. His body was later found dismembered by an alligator.
• A number for residents who died because of under medication or over medication.

The elder abuse cases uncovered in the investigation stretched from Miami to Jacksonville and through the Florida Panhandle. Questionable deaths were found to have occurred in facilities of all sizes ranging from 100 bed to 6 bed facilities.

The new law would increase oversight at facilities with a poor record, although critics say it may lead to a more lax regime at other homes. Assisted living facilities in Florida are inspected every two years under existing laws. The new law would subject them to more frequent inspections if they are found to have a major violation. However, homes with a good track record will continue to be inspected only every two years.

Several issues raised debate and opposition from the the Florida Assisted Living Association. One of its strongest objections related to the initiation of a State rating system similar to the five star rating system used with respect to nursing homes in Florida. The idea behind the rating program was to help consumers pick the best assisted living facility for their loved ones in their twilight years.

Some resident care advocates voiced concern with the bill. Brian Lee, director of Families for Better Care, an advocacy group, warned that parts of the bill could shrink oversight of the industry. Lee said people who live in these specialty licensed assisted living facilities need many services to manage their care and cutting back oversight “would escalate their potential for harm.”

Reform is of interest to Jacksonville which has nearly 100 assisted living facilities and an aging population. Although most of these facilities provide appropriate care, elder abuse can and does occur. The types of abuse the can occur include infections, bed sores, falls, malnutrition, neglect, abandonment, sexual assault, physical and mental abuse and overmedication and undermedication.

The National Center on Elder Abuse estimates between 1 and 2 million Americans age 65 or older have been hurt, exploited, or otherwise mistreated by someone on whom they depended for care or protection and more than a third of the country’s nursing homes have violated the laws intended to protect elderly people. Florida has a large senior citizen population, making the issue of reducing nursing home abuse and neglect in Florida of the utmost importance.
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Saturday night, a motorcyclist was killed on Jacksonville’s westside when an on-coming sport utility vehicle turned left in front of the motorcyclist’s path. The car vs. motorcycle accident happened at the intersection of Plymouth Street and Cassat Avenue.

Left turn accidents are the second most common type of car accidents that our law firm sees, with rear-end accidents, of course, being the most common. However, left turn accidents are usually much worse because the person going straight is hit head-on typically resulting in very serious injuries.

Approximately forty percent of the nearly six million car crashes that happen in the United States annually happen at intersections. In 2008 alone, over 7000 left turn accidents were fatal and over 730,000 resulted in personal injuries.

Motorcyclists get the worst of left turn accidents for two reasons. First, left turn accidents happen because the driver of the turning car fails to see the oncoming vehicle or fails to estimate whether there is sufficient time to make the turn in front of the oncoming vehicle. Motorcycles, being smaller, are harder to see. Also, it can be harder for drivers to appreciate how fast a motorcycle is traveling.

Second, motorcyclists almost always suffer devastating, if not fatal, injuries in a left turn accident. In such an accident, the motorcycle collides with the passenger side of the turning car. The long profile of the side of a car or SUV leaves little opportunity for the motorcyclist to swerve either left or right to avoid a crash. The impact between the motorcycle and the side of a car usually sends the motorcyclist head first into the car or over the car into the roadway and other traffic.

The driver making the left turn is almost always at fault for these accidents. This is because the turning driver is required to yield to oncoming traffic. Often, a the turning driver will claim that the oncoming vehicle was traveling much faster than the speed limit and that he or she would have otherwise had time to clear the intersection. This defense rarely succeeds, however, as the turning driver has to admit in such a circumstance that he or she saw the oncoming vehicle. Upon seeing the oncoming vehicle and observing it properly before making the turn should give the turning driver the opportunity to observe its speed.

Some intersections have a traffic control device that provides a “green arrow” signal allowing for a safe left turn by stopping oncoming traffic. Sometimes, the left turning driver will claim that he or she had a green arrow and will claim that the oncoming driver ran a red light. If it is a busy intersection, there will often be witnesses who can settle the dispute. Otherwise, it becomes a “he said, she said” type of dispute.

Engineers have struggled for years in an attempt to avoid left turns that cross oncoming traffic. Some of those efforts are chronicled in an article titled “Don’t Turn Left!” However, the alternate designs are expensive and have other drawbacks that ensure that most intersections will continue to have left turn concerns.
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Our news outlets have been reporting on an unusually high number of hit and run auto accidents in Jacksonville and Jacksonville Beach during the last few months. Hopefully, this is just a coincidence and not a long term trend. Just today, it was reported that a man received a sixty day sentence for a hit and run accident that caused a pedestrian’s death on Jacksonville’s northside.

Hit and run accidents result in a devastating circumstance for victims. There is, however, something you can do to protect yourself.

Drivers who leave the scene of an auto accident may do so for a myriad of reasons. The first that always comes to mind is that the driver was drunk or otherwise intoxicated at the time of the accident and fled to avoid manslaughter charges and a long prison sentence. Others may flee an accident because they were texting and driving, because there is a warrant out for their arrest or because they have no automobile insurance.

No matter what the reason, the victim and his or her family members are left in a horrible predicament. Without being able to identify the driver or owner of the car that caused the accident, the injured person is left without any ability to obtain compensation for medical bills, lost wages, disability and pain and suffering . . . unless, he or she purchased uninsured motorist coverage.

Uninsured motorist coverage is something you can select when buying car insurance. It is optional and not required by Florida law. Sometimes people think they have uninsured motorist coverage because they understand they purchased “full coverage.” For some reason, the phrase “full coverage” gets used a lot, and it is really a dangerous misnomer. “Full coverage” almost means just the opposite, which is the absolute minimum coverage allowed by law – and does not include uninsured motorist coverage.

Uninsured motorist coverage (usually referred to as U.M. coverage) provides benefits to you in the event you are injured in a car accident caused by a driver that has no insurance or has too little insurance to cover your injuries. It also applies when the driver or owner of the at-fault car cannot be located. For hit and run accidents in which the at-fault driver is never located, uninsured motorist coverage is typically the only source for making a recovery.

I carry $1,000,000.00 in uninsured motorist coverage. The cost for this coverage for me is only a few hundred dollars per policy period. As a car accident lawyer, I see a lot of clients involved in accidents where the at-fault driver has no bodily injury coverage. In fact, some of the worst drivers, especially drunk drivers, have no insurance at all. Some of them do not even have a driver’s license.

When a client comes to see me with serious injuries, mounting medical expenses and lost wages, it is very difficult to have to tell them that they have no claim to pursue when the at-fault driver cannot be located or has no bodily injury coverage. My advice is to purchase as much uninsured motorist coverage as you can afford.
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According to the 2010 census, not surprisingly, Florida is the state with the highest percentage of senior citizens with 17.3% of the population over the age of 65. It would follow that Florida has progressive laws ensuring the safety of its nursing home residents. Unfortunately, this is not the case.

For example, Florida law requires that nursing homes carry liability insurance for injuries or death resulting from nursing home neglect. Sound like a good idea? It is, however, the Florida Statutes do not require a certain minimum amount of coverage. As a result, nursing homes often carry insurance policies with less than $10,000.00 in coverage per home. Technically, one dollar in coverage satisfies the requirement of the statute. Think about it: every single owner of a vehicle must carry a minimum of $10,000.00 in coverage in the event of an accident, yet nursing homes – being paid to take care of a hundred or more vulnerable adults – do not.

Earlier this year, Florida revised its nursing home laws in several ways that impact claims for negligence, abuse or wrongful death against nursing homes.

For years, nursing homes in Florida have engaged in a “shell game” of corporate ownership. The nursing homes are typically broken into many limited liability companies – one for the licensee, one for a management company, and another for the owner of the real estate, just to name a few.

The owners (called “members”) of each LLC are themselves LLCs, which in turn have other LLCs as their owners. The result is a myriad of interwoven and related companies, none of which are individually and ultimately responsible for the residents’ injuries or deaths. Even worse, a large judgment against any one of the LLCs will result in that LLC becoming insolvent. At that point, if necessary, the LLC holding the license with the State of Florida could simply transfer the license to a new LLC. Not surprisingly, the new licensee usually turns out to be owned by the same people as before.

What is really going on here is that, with large chain nursing homes, decisions about how well the nursing home is staffed – which translates to how much money is spent – actually come from the corporate owners of the entire chain. However, these individuals can make these decisions without regard for liability because they are shielded by the complex maze of LLCs.

In the event their “profits over patients” motive is exposed to a jury, the resulting verdicts can be huge. However, the owners and decision makers have effectively “walled off” the one nursing home at issue and insulated the rest of their businesses from liability. If the owners are then allowed to transfer the license from such a nursing home to a new LLC that they create, while leaving the judgment unpaid, there becomes very little incentive for them to hire more nurses and provide better care.

The new law takes steps to avoid this injustice. Florida Statute Section 400.024 titled, Failure to satisfy a judgment or settlement agreement, provides that a licensee must pay a judgment, arbitration award or negotiated settlement within sixty days, or else the Agency for Healthcare Administration can revoke the nursing home’s license, deny its renewal application or deny a change of ownership application.

Despite statements to the contrary from some nursing home operators, nursing homes are very profitable in Florida. One reason for this is that the total number of nursing home beds in the state is highly regulated. As a result, nursing home occupancy rates are close to 100%. Because of this, the new restriction in renewing or transferring a license will either result in payment to the plaintiff or the closing of the nursing home.
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Following the discovery of Ebola in the United States for the first time, the four persons most directly exposed to the infected person were quarantined without objection. However, another forty-four persons with less direct exposure were not quarantined, but rather are being monitored for the three week incubation period for the virus.

Should one of those forty-four persons come down with Ebola, a massive quarantine will surely follow. Using less than direct contact as the measure for whom to quarantine results in an exponential increase – think hundreds, if not thousands, of persons.

We have a demonstrated lack of places to house such persons as the four people quarantined in Texas are staying in a private home donated by a good samaritan. For safety’s sake, doesn’t every single person have to be quarantined separately? What if they aren’t? It does not seem they did so with the four people in Texas.

What right does the government have to quarantine you against your will? Historically (dating back to the 1800s), the legal authority to civilly confine someone for quarantine purposes was left up to the individual states and the federal government was only given the authority to “assist” if needed. As “assist” is not the same as “initiate,” the federal government was left without legal authority to quarantine.

As a result, a federal law was enacted that allows the federal government to civilly confine persons to prevent the spread of communicable diseases. Under the principles of federalism established by our Constitution, the federal government has limited authority to regulate such issues. The “commerce clause” of the Constitution allows the federal government to “regulate commerce with foreign nations, and among the several States, and with the Indian Tribes.”

What constitutes a regulation of “commerce … among the several States” has been a topic of countless legal opinions. Clearly, “commerce” is not the major factor at issue in a quarantine scenario. However, ushered in by “New Deal” legislation, the courts have interpreted this standard very liberally, allowing the federal government to regulate things with only a distant impact on interstate commerce. Although the Rehnquist era of the United States Supreme Court reigned in the extremely broad reach of the commerce clause, it is still likely that the Unites States Supreme Court would find that preventing the spread of such a dreaded disease affects interstate commerce sufficiently to invoke the commerce clause.

Given the federal government’s likely ability to quarantine persons against their will, the next layer of challenges will focus on the manner in which the quarantine is carried out. What if you dispute that even a tenuous connection to an infected person exists? For example, what if they confuse you with another person with the same name as yours? Can you be detained at gunpoint?

Let’s hope this scenario does not play out. If it does, the government’s authority to detain persons against their will, and the manner in which the government handles the quarantines, will face unprecedented legal challenges.
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On Monday, a logging truck owned by a Palatka company slammed into the rear of a school bus carrying children in Bradford County, near Starke, Florida. Seven children and the bus driver were taken to the hospital with injuries. One of the students’ injuries was categorized as “serious,” and the two occupants of the logging truck suffered serious injuries as well.

Witnesses say the truck did not apply its brakes prior to impact. The bus was stopped to drop off students at the time of the collision. The bus driver indicated she saw the logging truck coming at a high rate of speed and that she tried to avoid a collision by accelerating from the stop, but she was not able to avoid impact. The rear of the bus was demolished.

According the the Florida Highway Patrol, it received several calls before the crash that the semi-truck was being driven erratically for miles before the collision. In fact, Florida Highway Patrol officers were on the way to intercept the truck at the time the collision happened. A female passenger in the truck, believed to be the driver’s wife, was found to have been naked at the time of the crash.

Earlier the same day, the truck driver was pulled over by the Nassau County Sheriff’s Office. Several safety violations were found, but the violations were not serious enough to keep the truck off of the road.

The driver has a lengthy record of arrests in Putnam County, including theft, burglary and domestic violence.

Several Florida legal principles are highlighted by this incident. First, the driver of the truck was unquestionably driving while distracted. Driving while distracted can lead to punitive damages in Florida. For example, a vehicle driver who causes an accident while texting can be liable for punitive damages in addition to owing injured victims reimbursement for their losses. It seems that the driver of this truck was distracted much more so than a texting driver.

Florida law also provides that the owner of any vehicle involved in a collision is liable for injuries caused by the negligence of the driver. In this case, if a company owned the logging truck, it will be held liable for the injuries.

Furthermore, the person working for the company that made the decision to entrust the vehicle to this driver can have personal liability if the decision to do so was negligent. Given the arrest record of this driver, and the potential that he has a poor driving record as well, the person making the decision to entrust the truck to this driver will likely have personal liability for the injuries and other damages suffered in this collision.
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