Florida Injury Attorneys Blog

Jennifer E. Jenkins and Kathleen M. O'Callaghan were killed in a Zolfo Springs, Florida car accident yesterday afternoon. Also injured was Daniel Jenkins and his 2 month old daughter Ashley Jenkins. According to news reports, the accident was caused by a semi-truck that crossed into Jennifer Jenkins' lane of travel and hit her head-on.

As a Florida trial lawyer, I can tell you that the families of Jennifer Jenkins and Kathleen O'Callaghan are most likely entitled to VERY substantial monetary compensation for their loss in this case. I also expect Daniel Jenkins and his daughter Ashley to receive substantial compensation for their injuries as well.

As a lawyer who travels all over the state and who has been on many rural highways, I will never understand why these high speed areas are only 2 lanes wide with no dividers between lanes. Every time I am passed by a semi-truck on one of these roads I hold my breath and sigh a relief when I am passed unharmed.

Why doesn't our government simply build these roadways wider? Why don't they put dividers between lanes? At least a painted median would create a buffer that might give a drifting vehicle that extra fraction of a second to avoid a crash.

I am always at a total loss when I hear of cases like this one.

Regardless, this entry will focus on the legal issues created by this case given my perspective as a Florida trial lawyer. I will offer my legal analysis and explain why I think the Jenkins and O'Callaghan families are entitled to very substantial compensation for their losses and their injuries.

Accordingly, lets begin with a discussion of the facts.

According to news reports, Jennifer Jenkins was driving a 2005 Toyota Corolla eastbound on SR 64 when a westbound semi-truck driven by Michael J. Phillips crossed the center dividing line and hit her head-on.

Continue reading "2 Naples Women Killed in Car-Truck Crash in Zolfo Springs, FL" »

Dr. Luis Bonilla and Dr. David Hines were killed in a Palatka, Florida helicopter crash early this morning. Both men are Mayo Clinic doctors who were flying to deliver a heart to a transplant patient. Unfortunately, the donor heart was also lost and the transplant patient has been put back on a waiting list. (Video credit: ABC News)

It is also important to mention that Dr. Bonilla and Dr. Hines were not alone. The helicopter pilot was also killed. His loss is equally as tragic.

(Photo Credit: Mayo Clinic and Kare11 News)

As the child of an SICU nurse mom and a neurosurgeon stepfather, this particular case resonates with me on a very personal level. Im not only bothered by the fact that three lives were lost, but the manner in which they were lost.

Namely, these three men, Dr. Luis Bonilla, Dr. David Hines, and the helicopter pilot were all engaged in a life saving mission. Their work was both honorable and benevolent in nature. To see them lose their lives doing this type of work strikes a chord and is nothing short of complete tragedy.

Not to mention the fact that the death of these doctors includes the loss of highly skilled, extremely specialized medical professionals. There is no doubt in my mind that these men would have continued to save lives, had they been given the opportunity to live longer.

This case is a real loss all around. It is loss for the men, it is a loss for the families, and it is a loss for the community and the patients they served.

Continue reading "Dr. Luis Bonilla and Dr. David Hines Killed in Helicopter Crash" »

An unidentified man was killed by a Tri-Rail Train in Fort Lauderdale, Florida earlier today. According to news reports, the man was struck by a Tri-Rail Train at approximately 7:15 a.m. in the area of Sunrise Boulevard and N.W. 6th Street. This case is still an open investigation and is being looked into by the Fort Lauderdale Police Department.

Given my perspective as an injury lawyer, I can tell you that a lot of very important information is needed before any case assessment can be made. Above all else, we need to know where the accident actually happened.

Was the man crossing the tracks in a designated pedestrian crossing area or was he trespassing on railroad property and attempting to cross in an unauthorized area where a train operator would not reasonably expect to see pedestrians?

In the alternative, even if the man did cross at an area that is not necessarily designated for pedestrians, did he cross in an area where the railroad knows there is substantial pedestrian traffic.

If so, the railroad may be liable to the man's family for his death.

Continue reading "Man Killed by Tri-Rail Train in Fort Lauderdale, Florida" »

Christopher Hall, 25, was killed in a car accident in Boynton Beach, Florida on Christmas Day. Also in the vehicle, was a 2 year old boy who was miraculously uninjured. According to news reports, Christopher Hall was driving a Mercury Grand Marquis around 11:00 a.m. Christmas morning when he came across a car accident in the 3400 block of North Seacrest Boulevard.

In response, Christopher Hall sped up and swerved into the southbound lanes. Then his car flipped over and struck a concrete power pole.

Fire fighters were able to rescue Christopher Hall from the wreckage after trying to free him for over 15 minutes. Hall was transported to a local hospital where he later died.

Police report that the 2 year old boy, whose name has not been released, was secured in a child seat and did not sustain any known injuries.

Given my perspective as an injury lawyer, this case has a number of important legal issues. Depending on what happened, the family of Christopher Hall may have a substantial claim for wrongful death. If the 2 year old boy is Christopher Hall's son, he may be able to bring the claim on behalf of Hall's estate.

Continue reading "Christopher Hall Killed in Boynton Beach Crash, Boy Survives" »

Baltazar Perez Garcia, 32, was killed in a car accident in Lake Worth, Florida yesterday. According to news reports, Michael Steinberg, 65, was driving the car that ran over Baltazar Perez Garcia on South Dixie Highway.

While it appears as though Baltazar Perez Garcia was hit by Michael Steinberg's car after he stepped in front of it, Michael Steinberg may still be held accountable for Garcia's death.

As an injury attorney, I can tell you that this is a classic case of pedestrian versus car. Fatality cases like these will hinge on the totality of the circumstances present.

If the facts show that Michael Steinberg failed to use due care or failed to yield to a pedestrian in the roadway, Baltazar Perez Garcia's family may be entitled to a lot of money for his death.

Given my perspective as an injury lawyer, the purpose of this blog entry is to review the facts of this case, as they are presently known, and identify the legal issues that may be presented should this matter proceed into court.

Continue reading "Baltazar Perez Garcia Killed After Accident in Lake Worth, Florida" »

Ikuyo Ohigash, 65, was arrested after bicycle accident in Lake Worth, Florida. Police say narcotics were involved when Ikuyo Ohigash rammed her SUV into the rear of a man riding a bicycle along Lake Worth Road at Corrigan Court. This action caused the man to be thrown from his bicycle. The man's name and identity have not yet been released by police.

As an injury lawyer and a criminal attorney, I can tell you that not only does Ikuyo Ohigash face some very serious felony DUI charges, but she also is liable to the man for major monetary damages as a result of the injuries she undoubtedly caused.

Bicycle accidents are very common in South Florida, mostly because we have good weather and people are able to ride bikes all year round.

Regardless, a successful injury case for the bicyclist who is injured in an accident with a car has three elements:

1) The bicyclist must be able to prove that the driver of the car was at fault.

3) The driver of the car must either have insurance or other personal assets which can be used to pay any settlement or judgment.

In the case of Ikuyo Ohigash it appears that the first element is easily proven by an injury lawyer. First of all, police seem to make it appear as though she was DUI. Second, anytime a driver rear ends another, the driver who did the rear ending is presumed responsible. Third, pedestrians always have the right of way, this includes bicyclists.

Continue reading "Ikuyo Ohigash Seriously Injures Bicyclist in Lake Worth, Florida" »

David Deese and Ernest Gonzalez were seriously injured in a West Palm Beach, Florida car accident last week. According to news reports, three cars collided when a fourth vehicle came to a near stop in the middle of the highway.

Given my perspective as an injury lawyer, I believe this is a case where some of the affected parties, especially David Deese, may be entitled to compensation for their injuries. As you will see in a moment, causation of this multi-vehicle crash is certainly an in issue. (Photo Credit: Greg Lovett/Palm Beach Post)

FHP is reporting that an unknown vehicle came to a near stop in the middle lane of I-95. This caused a tractor trailer driven by Dwayne Paddyfoot to slow down as he got close to the nearly stopped unknown vehicle.

Ernest Gonzalez was driving behind the tractor trailer when it slowed down. Also travelling behind the tractor trailer was David Deese.

In response to the slowing tractor trailer, Ernest Gonzalez tried passing the semi, but swerved drastically at the last instant as he came upon the stopped vehicle. This caused Ernest Gonzalez to lose control of his SUV and crash into David Deese's car and Dwayne Paddyfoot's semi.

The collision was so intense that Fire Rescue crews had to work to free David Deese from the mangled wreckage. He and Ernest Gonzalez were both transported to the hospital for serious injuries.

Continue reading "David Deese and Ernest Gonzalez Injured in I-95 Car Accident" »

Daniel Huerta, 17, was killed in a car accident near Naples, Florida two weeks ago. The driver of the vehicle, Johnson Atilard, was also killed when he lost control of their SUV, crashed into a road sign, and plunged into a canal. Fortunately, the six other youths in the vehicle were treated for non-life threatening injuries.

Sadly, not only does this case concern the death of a young person, but these youths were members of the Big Cypress Wilderness Institute, which is a 35-bed residential program for at-risk boys ages 14 to 18. This program is funded by the State of Florida and operated through the court system and Department of Juvenile Justice. In essence, it exists to help at-risk boys get on the right track.

Given my perspective as an injury lawyer, I think Johnson Atilard's terrible driving history makes this case one that will result in a substantial recovery for Daniel Huerta's family.

Get this: Atilard's driving record was so bad that the director of Big Cypress Wilderness Institute wrote a memo to him instructing him not to drive any of the company's vehicles and not transport any of its delinquent youth in his personal vehicle.

The memo went on to state that Big Cypress' insurance would not cover Atilard in the event of an accident. It further stated that "Failure to abide by these restrictions places AMIkids Big Cypress in a position of great liability."

However, in his memo, the director also advised Atilard that he may be able to regain his driving privileges when one of his past driving citations lapses beyond a three year monitoring period in August 2011.

As an injury attorney, I find that last part utterly remarkable. Rather than being concerned with a three year monitoring window, the director should have been more focused on finding a safe driver for the program's kids.

Continue reading "Daniel Huerta Killed in Car Accident Near Naples, Florida " »

A woman died yesterday after drowning in a sinking dive boat off Islamorada, Florida Keys yesterday. The commercial dive boat named "Get Wet" started taking on water near the Molasses Reef, while two passengers were trapped in the hull.

The woman who died was one of those passengers. The other passenger, a 28 year old man, was hospitalized but is expected to survive.

As an injury lawyer, I wonder what the man's injuries were. Hopefully he has not suffered any brain injury from a lack of oxygen. That would be almost as horrible as being killed.

Cases like these are referred to as drownings and "near drownings." When someone is killed, it is considered a drowning. When someone survives, but is left with injury, it is considered a "near drowning."

I really feel bad for the victims in this case and for the other survivors who had to endure this traumatic experience. I can't even imagine how frightful the whole thing must have been.

Here you are, in the beautiful Florida Keys, looking to enjoy one of natures great wonders, and your boat sinks. But thats not all... people are trapped in the hull.

A comprehensive investigation into this matter is needed to figure out what the cause of this terrible accident was. From my perspective as an injury lawyer, there are three basic questions that need to be asked and answered.

First, what was the cause of the ship taking on water? Second, what caused the two passengers to become trapped in the hull? Third, what steps, if any, were taken to render aid to the trapped individuals?

Said bluntly, the dive boat may be held accountable for what happened.

As an injury lawyer I can tell you that all those waivers they make you sign before taking a dive trip mean absolutely NOTHING.

Continue reading "1 Dead, 7 Durvive Sinking Boat Off Islamorada, Florida Keys" »