Florida Injury Attorneys Blog

Thomas O'Neal Ruff drove his diesel truck in Bartow, Florida into the path of a CSX train on Wednesday morning, sources indicate. The truck burst into flames, killing the truck driver and sparking a fire that took over three hours to quench. Police and CSX are both investigating to determine whether the train followed federal regulations by sounding the horn before crossing the road. It is not yet known whether charges will be filed.

The truck was on its way back from delivering diesel fuel to Mosaic's phosphate mining operations, located near Bonnie Mine road and US Highway 60. The accident occurred on a private road owned by Mosaic that crossed the train tracks at approximately 10:00 a.m.

It is not currently clear whether the truck driver simply didn't see the train or if there were other factors at play. At any rate, the truck driver apparently drove the diesel truck, which still contained some fuel in its 300,000-gallon tank, into the path of the freight train. The train, pulling 2 empty box cars and 3 cars filled with fatty acids bound for Mosaic and driven by a Mosaic contract worker, hit the truck and pushed it approximately 100 yards down the track. The truck burst into flames.

Continue reading "Fuel Truck Explodes After Crossing in Train's Path in Bartow, FL" »

Frederick Wood was killed in a Fort Worth, Florida car accident when a tractor-trailer swerved onto the wrong side of the highway yesterday. The driver of a Ford Expedition, who also hit the tractor-trailer, is in critical condition at Lakeland Regional Medical Center.

In my analysis of the available facts, I believe that Frederick Wood's family is entitled to substantial compensation under Florida's wrongful death statute.

Under Florida law, 3 things are needed to make a wrongful death action successful.

1) There must be liability... meaning, the person who caused the accident must have done something wrong.

2) There must be injury... in the case of wrongful death, injury is obvious. However, it is still necessary for injury attorneys to prove that the death was caused by the offending party's negligence.

3) The responsible party must have sufficient insurance or assets to satisfy any out of court settlement or judgment.

According to news reports, the car accident occurred in the same stretch of U.S. 27 as two other accidents that morning, with a total of nine vehicles involved. There was apparently a controlled burn happening near the area, and drivers reported that the air smelled like smoke. Furthermore, the stretch of highway is located near a swampy area with no overhead lighting.

Continue reading "Frederick Wood Killed in Lake Worth, Florida Car Accident" »

A Jacksonville, Florida woman was reportedly struck and killed by a garbage truck yesterday morning. The car accident occurred on Hart Expressway between Beach and University Boulevards. According to reports, the woman was running across the freeway and stepped in front of the garbage truck, which then hit her. She was pronounced dead at the scene of the accident. Her name has yet to be released as authorities work to identify her and inform family of the death.

No one else was hurt in the accident. Officials say that no charges have been filed against the garbage truck driver, although reporters indicated he was visibly shaken after the incident. Northbound lanes near University Boulevard remained closed until around 2 p.m., and police set up a detour for traffic,

This was not the only pedestrian car accident to occur in Jacksonville yesterday. Just a few hours earlier, at approximately 6:30 a.m., a hit-and-run occurred in the 6900 block of Atlantic Boulevard, where an unknown entity in an unknown vehicle struck a pedestrian. The driver fled the scene after striking the pedestrian, who was transported to Shands Jacksonville Hospital. The victim reportedly suffered life-threatening injuries. It is not clear whether he or she was able to give a description of the driver or vehicle, or whether the accident was a potential result of a DUI.

A semi truck apparently carrying scrap metal flipped over near Tampa, Florida Tuesday morning in a car accident that ended up involving four vehicles. The crash occurred at approximately 6:44 a.m., although it is still unclear what caused it.

From the wreckage, it appears that the semi flipped over and ended up perpendicularly lying across several lanes of U.S. 301 near Ohio Avenue. Either the semi hit three vehicles or the vehicles collided with the overturned semi. One of the vehicles that made contact with the semi spun off of the road, colliding with a nearby mobile home.

The cleanup and investigation is expected to take the better part of the day because of the considerable amount of scrap metal involved. Both sides of the highway have been closed off. For now, drivers have been asked to take a detour around the disaster area.

The Florida Highway Patrol reports that several people were transported to the hospital with non-life threatening injuries. No one was killed or seriously injured. The names and ages of the persons involved in the crash have yet to be released. As of now the incident is not believed to be the result of a DUI.

A massive car pile up on I-75 near Gainesville, Florida has killed 10 people and injured at least 18 others. According to news reports, the massive car accident was initially caused by heavy fog and smoke. News outlets are reporting that the smoke may have come from an intentionally set brush fire. After crashing into each other, one after the other, a number of the involved vehicles burst into flames. (Photo: Fox News)

The fire was so intense that one tractor trailer was reduced to its metal skeleton, while the tires of other vehicles were burnt completely off, leaving only bare metal wheels.

For those who are unfamiliar with brush fires, I can tell you that they are actually quite common in Florida. I myself have witnessed many brush fires on Florida's roadways.

Unlike brush fires that occur naturally, most brush fires in Florida are intentionally set by farmers looking to fertilize and clear land to prepare for new crops.

I myself have even seen how these fires are set. Described briefly, farmers basically drive along the border of a field in a tractor that is specially fitted with a fire spitting receptacle that is aimed at the base of the brush being targeted.

Continue reading "Florida Highway Pile Up Kills 10 Near Gainesville, 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" »

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" »

Alejandro Romeo, 17, was killed in a car accident in Coral Springs, Florida early Saturday morning. According to news reports, Alejandro Romeo was riding with his mother when a truck crashed into the passenger side of their vehicle. Sadly, Alejandro was in the passenger seat and his mother was driving.

As a car accident attorney, I can tell you that Alejandro Romeo's family is entitled to very substantial compensation for their loss.

Based on my review of the limited facts made available by news media, I suspect that the driver of the other car and the City of Coral Springs may be responsible for causing this accident.

According to a local resident named Kim Jachles, there have been at least two accidents at this same intersection in the last month. "At midnight, those [traffic] lights change to blinking yellow and blinking red [lights] and we've had two accidents there in the past month," Jachles told reporters.

If there is a defect in how the street lights operate or in the way the intersection is designed or maintained, the City may be held accountable for Romeo's death, especially since the City was aware that this intersection has many accidents.

Aside from the City, the driver of the other vehicle, Wayne McIntosh, 47, may also be held accountable for causing the accident. According to the news, McIntosh, was driving a Nissan truck southbound on Coral Ridge Drive when he collided with Maria Uribe's Honda Civic as she travelled westbound on Riverside Drive.

Maria Uribe, 52, is Alejandro Romeo's mother.

A preliminary investigation revealed that Maria Uribe had a flashing red light, whereas Wayne McIntosh had a flashing yellow light.

After colliding with Maria Uribe's Honda, Wayne McIntosh's truck continued southbound and crashed into a tree. However, the vehicle did not stop until it also crashed into a school building. The damage to the building was very extensive.(Photo Credit: Mike Stocker, Sun-Sentinel)

The dynamics of McIntosh's crash are very important because they reveal how fast he was going. Based on my experience as a lawyer, the facts of this case lead me to suspect that McIntosh was travelling at a VERY high rate of speed.

Think of it like this: It took a Honda Civic occupied by two people, a tree, and a building to bring McIntosh's vehicle to a stop.

Continue reading "Alejandro Romeo Killed in Car Crash in Coral Springs, Florida" »

Carol Sun was killed in a Palm Beach Gardens, Florida truck accident early this morning. Another person, Patricia Bao-Tran Le was also injured. Carol Sun and Patricia Bao-Tran Le were both only 17 years old.

According to news reports, Carol Sun was a passenger in Patricia Bao-Tran Le's Toyota 4Runner when they were rear-ended by a semi tractor-trailer near PGA Boulevard.

The impact was so intense that their 4Runner was split in two. I can't even begin to imagine how horrific the impact must have been.

To make matters worse, this is the second South Florida read-end collision to result in a traffic fatality this week. Early Monday morning, O'Neil Jahlil Fields was killed when his car was rear-ended by another driver on I-95.

Given my perspective as an injury lawyer, there are a number of extremely important issues that must be addressed in this case.

First, the driver of the tractor trailer must be held accountable for causing this terrible accident. In my personal opinion, if you drive trucks for a living you should be held to a higher standard of due care.

Plain and simple.

Second, under Florida law, there is a presumption of guilt when a person rear-ends another vehicle. In other words, in rear-end crashes, the driver who did the rear-ending is presumed to be responsible for causing the accident.

Continue reading "Carol Sun Killed in Truck Accident in Palm Beach Gardens, Florida" »

Jaleesa Gonzalez, age 4, was killed in Fort Meyers, Florida after she was run over by a pick up truck that was driving in reverse. According to traffic homicide detectives, Damon J. Drouin, age 43, was the person who allegedly drove the truck.

The accident allegedly happened at approximately 5:12pm as Drouin and another person did repair work on a 2005 Chevy Silverado pickup. Drouin and a friend were supposedly working on the truck's car stereo outside the girl's home.

Drouin was supposedly asked to move the truck backwards so that the repair work could be completed. This is when Jaleesa Gonzalez was struck. (Photo credit: Lee County Sheriff's Office)

For his actions, Drouin has been arrested for driving with a suspended license causing death, driving on a suspended license three or more times, and, driving on a suspended license as a habitual traffic offender. According to news reports, Drouin also has a history for DUI, although it is not known whether alcohol or drugs played a role in this car accident.

As an injury lawyer, I can tell you that this case is one that will settle out of court. First, lets discuss liability. Assuming that there is sufficient evidence that places Drouin behind he wheel of the car, it is clear that he is absolutely responsible for this accident.

Continue reading "Four Year Old Killed in Fort Meyers, Florida Car Accident" »

Marquis Allen was burned in a truck accident that happened on the Turnpike near Palm Beach, Florida. According to news reports, a dump truck and a semi-tractor trailer collided and then caught fire. The fire was so intense that it has caused severe damage to the roadway requiring new paving before it can be reopened. Officials expect the repairs to be completed by late this afternoon. By the time fire rescue arrived on scene around 4:47 this morning, both the semi and the dump truck were engulfed in fire. (Photo courtesy of Freddy Sarabia www.rainmantravel.com and Sun-Sentinel)

Fortunately, both drivers were able to escape the fire without losing their lives. According to one eye witness who called 911, one of the truck drivers was seen leaping from his vehicle while his legs were on fire. This person was likely Marquis Allen. The other driver was seen using a fire extinguisher to fight the blaze.

According to news reports, Marquis Allen sustained third degree burns to at least 50% of his body. As a result, he has been sent to the Burn Unit at Jackson Memorial Hospital. The other driver sustained only minor injuries.

Continue reading "Marquis Allen Burned in Turnpike Truck Fire in Palm Beach, Florida" »