Florida Injury Attorneys Blog

John Reynolds of Lehigh Acres, FL has been released from the hospital after he was treated for minor injuries following a car accident on Wednesday. Theresa Elisabeth Achaval and Robert Colyer, who were driving the Mustang that cut into Reynold's path, remain in critical but stable condition. They are being treated at Lee Memorial Hospital.

The car accident occurred yesterday at roughly 10:30 a.m. Police believe that Archaval, 41,was turning from Hanna Avenue onto Lee Boulevard in Lehigh, driving a Ford Mustang with Coyler, 82, in the passenger's seat. She accidentally crossed in front of Reynold's Chevrolet Monte Carlo, which was going in the opposite direction. The collision ensued.

Reynolds, 36, was treated at Lehigh Regional Medical Center and released on the same day as the accident. He reportedly suffered minor injuries. Achaval and Coyler, on the other hand, had to be air-lifted to the Lee Medical Center on Med Flight, where they remain in critical condition.

The homicide team in Lehigh is investigating the crash. As of now, the crash is not believed to have been a DUI or DWI. No charges have yet been filed.

Paul Alan Scheffer was arrested in Sarasota, Florida for DUI after allegedly sending David E. Bregg to the hospital in critical condition. Scheffer was booked at the Sarasota County Jail on Friday for one count of DUI involving bodily injury after the car accident. He remains incarcerated in lieu of paying $100,000 bail bond. Arraignment has been scheduled for March 16. It is not clear whether he has retained a private criminal defense attorney.

According to investigative reports. Scheffer, 54, was driving his 1993 Nissan truck north on Albee Farms Rd, and David E. Bragg, 38, was riding his 2007 Suzuki motorcycle southbound on the same road at around 6:22 p.m. Friday afternoon. At the intersection of Edmndson Rd and Albee Farms Rd, Bregg was continuing straight at a green light when Scheffer allegedly turned left in front of Bregg's motorcycle. Bregg was unable to stop or avoid Scheffer and ended up hitting the right rear side of the truck.

Bregg sustained serious injuries and was taken to Blake Medical Center in Bradenton for treatment. Reports indicate that he was in critical condition over the weekend. There have not been any updates as to his condition. Because of his injuries, he was unable to give officers his version of the car accident.

Scheffer told authorities that he turned left in front of Bregg because he had a green arrow at the traffic light. He was wearing a seatbelt and was not injured in the accident. Officers determined that he had been drinking and arrested him on the DUI charge. Scheffer sports a black eye in his mugshot; it is not clear whether it was sustained in the accident or was the result of another incident.

Scheffer has been arrested for drinking and driving several times in the past. The two previous arrest took place in August 1996 and October 1998. The details of the cases are not currently known.

The Florida Highway Patrol is still defending its' decision to reopen I-75 just before an 18-vehicle pileup sent 10 people to their graves in late January. The highway patrol had been drawing extreme criticism for its' decision to reopen the stretch of highway, which had been closed just 15 minutes before the accident because of low visibility due to fog and smoke from a nearby brush fire.

Meanwhile, funeral services for the nearly dozen deceased have all but wrapped, leaving family members and friends at a loss of what to do. A criminal investigation is pending as authorities try to determine if the brush fire was set purposefully. If it was and the perpetrator is caught, he or she could be charged with multiple counts of manslaughter. Others suspect that family members of the deceased may try to sue the Florida Highway Patrol for wrongful death because of its' decision to reopen the road.

The Gainesville car accident disaster occurred in the early morning hours of January 29th. The highway had been closed until around 3:30 a.m., when the Florida Highway Patrol said that the fog and smoke had cleared. However, conditions apparently deteriorated fast after they reopened the stretch, and a quarter of an hour later visibility was reportedly near zero, according to the patrol as well as drivers who were at the scene.

Continue reading "FHP Defends Re-Opening I-75 Before Pileup in Gainesville, FL" »

Brian G. Serger was seriously injured in a Titusville, Florida crash this past Sunday morning. According to news reports, Lori Cay Cromwell was driving the wrong way on State Road 528 when she collided, head-on, into Brian Serger's BMW.

Sadly, Lori Cromwell was killed.

Brian Serger was taken to Cape Canaveral Hospital where he is being treated for serious injuries.

Given my perspective as a Florida injury attorney, I can tell you that this is a black and white case of clear negligence.

While it is very sad that Lori Cromwell lost her life in this case, she is nonetheless the singular reason why Brian Serger is sitting in a hospital with serious bodily injuries.

When a car accident of this type is litigated in court, injury attorneys need to establish three important things in order to successfully collect compensation for their injured clients.

First, injury attorneys must prove that the offending party acted with negligence. This means that the victim party must be able to prove that the offending party did something wrong to cause the accident.

Continue reading "Brian G. Serger Seriously Injured in Titusville, Florida Crash" »

Joseph Ricciardelli was killed in a Boyton Beach, Florida car accident after he was struck on the shoulder of I-95 yesterday afternoon. Joseph Ricciardelli was a tow truck driver with Emerald Towing and was working at the time he was killed. According to news reports, Ricciardelli had stopped to help the Florida Highway Patrol tow a car south of Woolbright Avenue on I-95.

In order to safely tow the vehicle, Joseph Ricciardelli had to close off part of the HOV lane with traffic cones. After the vehicle had been loaded onto his truck, Ricciardelli began to collect his cones when the accident happened.

Based on my experience as a Florida trial lawyer, I expect Joseph Ricciardelli's family to be entitled to VERY substantial compensation for his death.

Given my perspective as a trial attorney, my role in this blog is to identify and discuss the legal issues created by this case, based on the information made public thus far.

An investigation has revealed that the accident was caused by Johnnie V. Knowles, who swerved into Joseph Ricciardelli in order to avoid a collision with the car in front of him, when that car unexpectedly hit its brakes.

Sadly, Mr. Knowles was also killed.

While the reason for the other car's unexpected braking is unknown, it is clear that Knowles is responsible for Ricciardelli's death because he had a duty to drive at a safe distance behind the car in front of him. Under Florida law, a safe distance is defined as the amount of space needed to come to a complete stop without causing an accident, should the car in front of you slam on its brakes.

Continue reading "Joseph Ricciardelli Killed on I-95 in Boynton Beach, Florida" »

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" »

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 " »

Jason Mattos-Perez was killed in Osceola County, Florida while walking on the side of the road with his wife. According to news reports, Lisa Tindall drove her car off the side of the roadway and hit Jason Mattos-Perez with her car. The car accident is still under investigation and the decision to press charges has not yet been made.

Given the great loss suffered by Jason Mattos-Perez, his wife may have a very substantial wrongful death case against Lisa Tindall.

From my perspective as an injury attorney, I can tell you that this case will hinge on two factors. First, more information is needed about the roadway in question. From an objective standpoint, the first question that comes to mind is why were Jason Mattos-Perez and his wife walking on the side of the road?

Is there a sidewalk there? Is it highway? How far did they walk from the roadway?

Off the top of my mind, it seems a little dangerous to walk next to the road, although it is clearly not illegal.

In all likelihood, the evidence available in this case will likely prove that Jason Mattos-Perez and his wife were doing everything correct at the time of the accident.

Continue reading "Jason Mattos-Perez Killed While Walking in Osceola, Florida" »

James Collier, was struck and killed in Volusia County, Florida when he stopped to render aid to people involved in a separate car accident. According to news reports, James Collier was a truck driver who had passed by the first accident and stopped to render aid. Police are reporting that Collier wore a reflective vest as he tried to clear the roadway.

Horrifically, as he was in the midst of helping others, James Collier was hit by another car driven by Dennis Ruddoi, age 60. Police claim that Dennis Ruddoi was driving east when he saw the crash, swerved, and hit James Collier.

Since police are still investigating the case, no conclusions as to responsibility have been made.

From my perspective as an injury lawyer, I can tell you James Collier's family will likely collect compensation from Dennis Ruddoi's insurance company, assuming he has any coverage.

However, if Ruddoi has a substantial insurance policy, injury lawyers representing Collier's interests may need to build a case around Ruddoi's liability.

In other words, to make a successful injury claim, a successful car accident lawyer must present evidence of both liability and injury. This means that injury attorneys representing Collier's interest must prove that Ruddoi was responsible for causing the accident.

Continue reading "James Collier Struck and Killed on I-4 in Volusia County, Florida" »

Steven T. Mize, 54, was seriously injured in Navarre, Florida when Penny L. Wilcox crashed into his motorcycle with her Acura. According to news reports, the car accident occurred when Penny Wilcox failed to yield as she turned left into an apartment complex. As a result, Wilcox is clearly responsible for causing this accident.

Unfortunately, Steven Mize was seriously injured and is being treated at Baptist Hospital.

Given my perspective as an injury attorney, I suspect that Steven Mize is entitled to substantial compensation for his injuries.

Whenever a car accident occurs, an accident attorney must be able to establish three fundamental elements in order to build a winning a case for a client injured in a car accident or motorcycle accident.

First, the injury lawyer must be able to prove that the other party did something wrong to cause the accident. In law, this is referred to as proving liability. In other words, the injury lawyer must prove that the other party caused the accident that lead to the injury.

Continue reading "Crash Laves Steven T. Mize Seriously Injured in Navarre, Florida" »

David Benitez, 16, was killed in a car crash in St. Lucie County, Florida last night. According to news reports, David Benitez was ejected from an SUV after it veered into the median on I-95 and flipped over. After he was ejected, his body landed in the northbound lanes of I-95 where he was horrifically run over by two different vehicles.

Donia Otano, 14, was also seriously injured after she too was ejected from the SUV. Emergency crews responding to the scene found her laying on the median underneath the SUV. It is unknown whether or not she will survive from her injuries.

The driver of the SUV, Midialia Rodriguez, 39, was also hospitalized in serious condition along with two other passengers.

This case sounds like a horrific nightmare all around. I can't even begin to imagine what the families of these people are going through.

However, my purpose in writing this blog is to adress the legal issues and discuss them from my perspective as an injury lawyer.

Given the terrible loss of life and extreme nature of the injuries sustained by those involved, I can tell you that the "victim" parties are entitled to very substantial monetary compensation for their injuries and losses.

Continue reading "David Benitez Killed in Car Accident in St. Lucie County, Florida" »