Florida Accident, Injury, and Insurance Blog

Should Electrution Injury Victims Seek Representation?

Tue, 31 Jan 2012 08:00:00 EST

The Orlando Sentinel reported today that two electricians were seriously injured at the Orlando Land Rover dealership over in Maitland.
According to the article, a team of electricians was at the dealership preparing a proposal for some work on the dealerships electrical system. The electricians encountered a power box that they did not know had been energized. They did not realize that a live wire had not been handled properly, and was electrifying the entire box. Apparently, there was small explosion when the men touched the box, the two men became electrocuted, were injured, and taken to Florida Hospital.
Although I do not know the extent of the injuries to these two unfortunate men, as an Orlando accident attorney who has handled several electrocution injury cases, I know that these men -- and their families -- face some challenges.
Electrocution injuries often present obvious physical injuries such a burns and orthopedic injuries. There is often also neurologic or nerve damage -- both in terms of sensation and motor function. Additionally, there is often electrical disruption in the victim's brain that can cause several symptoms of brain injury such as changes in personality, mood problems, and other symptoms.
Although the electricians in this instance are probably covered by Workers' Compensation, the multitude of problems caused by electrocution injuries sometimes creates skepticism on the part of Workers' Compensation carriers. Many times it is a good idea for the injured worker to involve a qualified Workers' Compensation lawyer early.
Additionally, the men injured in this case may have personal injury claims against the dealership or whoever is determined to have left the power box electrified, or whoever failed to warn these electricians about the danger. For the same reasons mentioned before, these men may want to consult with an experienced Florida injury lawyer due to the unique challeges presented by electrocution injuries.

If you have any questions regarding a Florida electrocution accident, please call Winter Park personal injury attorneys Kim Cullen or Bob Hemphill at 407-254-4901.

Forklift Driver Killed In Orlando Equipment Yard Accident

Tue, 24 Jan 2012 08:00:00 EST

A 60-year old, part-time worker was killed while operating a forklift at the Ritchie Bros. Auctioneers' yard near the intersection of Interstate 4 and U.S. Highway 27, according to an article in the Orlando Sentinel.
Although the specifics of the accident are unknown at this time, it is known that workers were setting up light towers when an accident occurred involving forklifts. Wilmer Pace, of Clermont, was tragically killed. Polk County Sheriff's deputies responded to the scene. Investigators from the Occupational Safety and Health Administration (OSHA) showed up the next day to conduct their own investigation.
Many Central Floridians will know the Ritchie Bros. Auctioneers' property as the huge facility that can be seen on the north side of Interstate 4, just east of Highway 27. At any given time, hundreds of pieces of heavy equipment and machinery can be seen on their huge paved lot.
Evidentally, there was something about the accident that piqued OSHA's curiousity. OSHA does not investigate every work-related accident, so it will be interesting to learn why OSHA selected this one.
Because the accident occurred in the course and scope of Mr. Pace's employment, his family should be entitled to a death benefit under Florida Workers' Compensation laws. Depending upon what actually caused Mr. Pace's death, he may also have a bodily injury/personal injury case (outside of Workers' Compensation). His family would probably be best served contacting an experienced Florida personal injury lawyer.
If you have any questions regarding forklift accidents, or have been injured by someone else's negligence at work, call Winter Park personal injury attorneys Kim Cullen and Bob Hemphill at 407-254-4901.

What Everybody Should Know About Florida Phantom Vehicle Accidents

Tue, 24 Jan 2012 08:00:00 EST

A recent article in the Orlando Sentinel about a tragic motorcycle accident reminded me that most motorists probably have little idea of exactly what to do when they are involved in an accident involving a phantom vehicle.
According to the Sentinel, two motorcyclists -- Raymond Sanchez and Carlos Nazareno Funes -- were riding norhtbound on John Young Parkway in Orlando when an unidentified white van changed lanes directly in front of them. Both motorcyclists tried to avoid the van by driving into the median. Both men were thrown from their bikes. Mr. Sanchez struck a tree and was tragically killed. Mr Funes was taken to Orlando Regional Medical Center with serious injuries.
As as Orlando accident attorney who has represented dozens of motorcycle accident victims over the years, my heart goes out to the families of both men -- and especially Mr. Sanchez'. 30-years old is clearly too young to die.
To me, having a phantom vehicle involved makes it worse. With a phantom vehicle, I am always suspicious whether the phantom driver knew that he or she caused an accident, but was just too much of a coward to stay and accept responsibility.
All is not necessarily lost in phantom vehicle situations -- as long of the injured person carried Uninsured Motorist (UM) benefits at the time of the crash. Even if there was no physical contact a UM claim can be brought, as long as the accident is reported in a timely fashion (this might be required as quickly as 24 hours after the crash, according to some insurance policies.)
Uninsured Motorist coverage can also be purchased for motorcycles. UM coverage "steps into the shoes" of the tortfeasor, and acts just like bodily injury liability coverage.
If you have any questions regarding a phantom vehicle crash, or Uninsured Motorist coverage, call Winter Park personal injury lawyers Kim Cullen and Bob Hemphill at 407-254-4901, or order a FREE copy of Kim's Florida accident book at www.bestfloridaaccidentbook.com.

Important News For Drivers Injured In Car Accidents While On-The-Job

Tue, 17 Jan 2012 08:00:00 EST

With many people being asked to drive from place to place as part of their jobs, it is no surprise that many workers get into car accidents while in the course and scope of their employment.

As Orlando accident attorneys, we meet with people all of the time who are convinced that they are only entitled to Workers’ Compensation benefits after their car accident. Of course, Workers’ Compensation coverage only pays for a percentage of the injured worker’s medical expenses and lost wages (usually about 67%), and does not compensate an injured worker for pain and suffering, mental anguish, loss of the ability to enjoy life, or other intangible damages.

Depending upon the insurance coverage of the at-fault driver, an injured worker may be a able to recover a lot more than simply Workers’ Compensation benefits. If the negligent driver has access to bodily injury liability insurance coverage, the injured worker can recover money for medical bills, lost wages, and pain and suffering and other intangible damages.

The only catch is that the injured worker will have to pay back Workers’ Compensation for any benefits W/C has paid. This is generally known to the at-fault party’s insurance company, so this will be figured into any bodily injury liability settlement. The amount of the Workers’ Compensation payment will then be reimbursed from the personal injury settlement.

In addition, when there is a personal injury claim against a negligent driver, the injured worker can use the PIP coverage from his own auto insurance policy to help pay back the Workers’ Compensation carrier – thus putting more money into the injured person’s pocket.

Lastly, if the injured worker carried Uninsured or Underinsured Motorist benefits on his own auto insurance policy, he can recover those benefits – and doesn’t have to pay any of those back to the Workers’ Compensation carrier.

If you have any questions about a worker who has been injured in a Florida car accident while on-the-job, or any question about Florida car accidents in general, call Winter Park personal injury attorneys Kim Cullen or Robert Hemphill at 407-254-4901, or visit our website at www.cullen-hemphill.com.

How An Insurance Decision Might Give An Orlando Family A Chance At Justice

Sat, 07 Jan 2012 08:00:00 EST

The local WFTV website recently carried a sad story about a tragic car crash that occurred at the intersection of Hiawassee Road and Balboa Drive in the Pine Hills area of Orlando.
According to local law enforcement, a Chevy Camaro being operated by an unknown driver ran a red light and crashed into a Toyota Camry that was heading north on Hiawassee Road. The impact was significant and caused both vehicles to spin through the intersection.
The Camry impacted a brick wall. The passenger in the Camry, Thomas Smith, was tragically killed in the crash. When the vehicles came to rest, the driver of the Camaro fled on foot, and has not be apprehended as of this writing.
As an Orlando accident attorney who regularly handles significant auto accident cases, I know that crashes like this one are absolutely devastating to families. Not only has the Smith family now lost a loved one, but the driver of the vehicle that killed him apparently did not have the common decency to stick around and face responsibility for his actions. To me, this makes everything worse.
In my experience dealing with cases like this, it is unlikely that there will bodily injury liability. After all, if a person is not responsible enough to stick around and face the consequences of an accident as bad as this one, what are the chances that he would carry good insurance coverage?
I really hope that Mr. Smith, or someone in his household, carried Uninsured Motorist (UM) coverage. UM automobile insurance coverage steps into the shoes and acts just like the negligent driver's liability coverage -- if he had bothered to carry any. The Smith family, or Mr. Smith's survivors would probably be well-served by talking to an experienced Florida personal injury lawyer who will know the correct questions to ask in order to determine if there will be insurance coverage for this tragic event.
If you have any questions regarding a Florida car accident, or a potential wrongful death claim, call Winter Park personal injury attorney Kim Cullen at 407-254-4901, or order a FREE copy of Kim's helpful book for accident victims, Asleep At The Wheel, at www.bestfloridaaccidentbook.com.

Will Allstate Extend Claims Satisfaction Guarantee To Uninsured Motorist Claims?

Fri, 06 Jan 2012 08:00:00 EST

I saw an interesting piece on the Insurance Journal website that piqued my curiousity. The article indicated that Allstate Insurance Company is extending a pilot automobile insurance claims satisfaction program to 31 states across the nation. There is no word whether Florida is one of those states.
The article states that Allstate will guarantee that any eligible customer who is dissatisfied in any way with the service on a paid auto claim can receive a credit on their premium, as long as they express their dissatisfaction in writing within 180 days of the claim. An Allstate spokesman interviewed for the article said, "If the customer isn't happy, then we haven't done our job.". He mentioned that Allstate is committed to deliver a complete, positive experience for customers.
As an Orlando accident attorney who has handled plenty of claims against Allstate, I wonder what Allstate will be hiding in the fine print. I wonder if this guarantee will apply to Uninsured Motorist claims. Uninsured Motorist claims are claims that customers make against their own insurance coverage when they are injured by someone who doesn't carry any liability insurance, or not enough liability insurance to fairly compensate the injured person.
Our injured clients' experiences with Allstate, and particularly with Uninsured Motorist claims, is that not every customer is ecstatic at the end of a claim. We have been involved in claims with Allstate where documents have been lost or misplaced, claims have been unnecessarily delayed, and where Allstate forced its own customers to file suit in order to try to accomplish a fair result. It will be interesting to see how Allstate applies this satisfaction guarantee.
If you have any questions regarding a Florida automobile accident, or autmobile insurance claim involving Allstate Insurance, call Winter Park personal injury attorney Kim Cullen at 407-254-4901, or order a FREE copy of Kim's book, Asleep At The Wheel at www.bestfloridaaccidentbook.com.

Surviving Passenger Holds Key To Sorting Out One Car Accident Claim

Thu, 05 Jan 2012 08:00:00 EST

The WESH.com website is reporting that a tragic one-car crash occurred last night in Port Orange. Based upon my experience as an Orlando accident attorney, and having handled more than my fair share of one-car accident cases, I know that the one surviving passenger, Nestro Romero, of Lake Mary, will play in important role in sorting out how this crash happened, and how justice will be done in this case.
According to the media report, three men – Mr. Romero, Eric DeLeon, of Orlando, and George Kavaliauskas, of Lake Mary, were discovered by a building property manager early this morning. They were inside a two-door Kia that had crashed into a tree. According to police who were called to the scene later, it is believed that the driver lost control, crossed the center line, left the road surface, and then crashed. Law enforcement is not exactly sure why Mr. DeLeon, who had been driving, left the roadway.
Mr. Romero’s testimony will be important to establish whether this truly was a one car accident, or whether some phantom vehicle may have been involved. This will be critical in order to establish which insurance policies might apply. For example, if Mr. DeLeon is established to have been at-fault for the crash, then the Kia owner’s bodily injury liability coverage will likely respond to damages claims made by Mr. Romero, and the family of Mr. Kavaliauskas – who tragically died in the crash. However, if a phantom vehicle was involved, any Uninsured Motorist coverage that Mr. DeLeon carried might apply. In addition, if Mr. Romero and/or Mr. Kavaliauskas carried Underinsured Motorist coverage, this coverage might apply.
These kinds of accidents can be extremely tricky to navigate in terms of establishing insurance coverage, and which coverage has priority over the others. These folks would probably all be best-served to speak with an experienced Florida personal injury lawyer before signing any paperwork for the insurance companies.
If you have any questions regarding a Florida automobile accident, or wrongful death claim, call Winter Park personal injury attorney Kim Cullen at 407-254-4901.

Polk County Bicycle Accident Serves As Reminder Of Three-Foot Passing Rule

Wed, 04 Jan 2012 08:00:00 EST

A tragedy reported from Polk County hit me close to home last night. Apparently, Daniel Paul Smith was riding a bicycle along the shoulder of Highway 27 in Polk County. At the same time, Levon Garcia was driving a tractor-trailer with a wide load. Somehow, some part of Mr. Garcia’s truck or load impacted with Mr. Smith, causing him to be thrown from his bike, and ultimately tragically killing him.
First, our thoughts and prayers go out to Mr. Smith’s family. The media reports indicate that Mr. Smith was only 20-years old. Twenty years old is just too young to die – particularly is such a tragic way.
As an avid bicyclist myself, stories like this one bother me. Under Florida law, bicycles are just as entitled to use the roadway as cars are. In fact, Florida law requires motor vehicles to wait behind bicycles until it is safe to pass, and then to pass on the left allowing three free of clearance between the motor vehicle and the bicycle at all times. Unfortunately, many motorists don’t do this. Usually the bicyclist just gets scared out of his wits. This time, it was obviously much worse from Mr. Smith.
If you have any questions regarding a Florida bicycle accident, or collision between a car or truck and a bicycle, call Winter Park accident attorney Kim Cullen at 407-254-4901.

Will Camaro Owner Face Responsibility For Death Of Scooter Driver?

Mon, 19 Dec 2011 08:00:00 EST

Orlando's WFTV has reported a tragic traffic accident that occurred overnight on the John Young Parkway between Orlando and Kissimee. Apparently, Pablo Tarazona, a Kissimmee resident, was operating his scooter southbound on JYP, near Whisper Lake Boulevard.

At that same time, Mercury Kane, 34, was operating his Chevrolet Camaro southbound on the same highway. Based upon the physical evidence, it is clear that Kane's Camaro rear-ended the scooter. Tarazona was killed as a result of the crash.

For whatever reason, Kane decided to flee the scene on foot. He was later arrested at his home. Apparently, the Florida Highway Patrol has collected a blood sample is attempting to determine whether alcohol or drugs played a role in this crash.

As an Orlando motorcyle accident attorney, I am hopeful for Mr. Tarazona's family that Kane carried plenty of bodily injury liability insurance coverage in order to respond to a wrongful death claim. If Kane was impaired at the time of the crash, he might also be liable for puntive damages.

If you have any questions regarding a hit-and-run accident, or an accident involving a drunk or impaired driver, call Winter Park personal injury lawyer Kim Cullen at 407-254-4901.

Reminder: Cell Phone Use Is Not Only Way To Become Dangerous Distracted Driver

Sat, 17 Dec 2011 08:00:00 EST

The Insurance Journal website had a timely piece that I thought I should share with readers of this blog. As was widely reported in the news this week, the National Transportation and Safety Board recommended this week that cell phone use in moving vehicles be banned completely in the United States. The NTSB cited cell phone use as the primary distraction of drivers on America's roads.

Unfortunately, cell phone use is not the only distraction drivers across America, including Florida, create for themselves. According to a Harris Interactive/HealthDay poll, 86 percent of Americans admit to being distracted while eating or drinking while driving. 41 percent of Americans admit to be distracted while adjusting their GPS devices, and 37 percent admit to texting while driving.

Remarkably, 44 percent of Americans admit to be so tired behind the while that they have momentarily dozed off while operating their cars. It goes without saying that distractions of this magnitude can lead to horrific car accidents, even here in Orlando, Florida, and can cause significant injuries, or even wrongful deaths.

According to automobile insurance industry experts, not only are new laws needed, but there also needs be a grassroots effort at public education and reinforcement of safe driving rules at home.

If you have any questions regarding a distracted driving accident, call Winter Park personal injury lawyer Kim Cullen at 407-254-4901, or order a FREE copy of Kim's informative book for Florida accident victims, "Asleep At The Wheel", by visiting www.bestfloridaaccidentbook.com.

How Much Did Polk County Church And School Do To Reveal Child Sex Abusers?

Thu, 15 Dec 2011 08:00:00 EST

The Polk County Sheriff's office was busy this week arresting sexual predators, according to an Orlando Sentinel report. While news that sexual abusers have been arrested is becoming more and more common these days, these particular suspects unfortunately have close ties to Polk County schools and a church.

Apparently, Polk County deputies arrested Matthew Thompson, the 30-year old head football coach at George Jenkins High School outside of Lakeland. Coach Thompson is accused of having multiple sexual experiences with a 17-year old female student. Sex crimes investigators found several explicit texts about the sexual contacts on Coach Thompson's cell phone.

On the same day, deputies arrested two youth pastors from the Mulberry First Assembly of God -- Edward Demoreta, 30, and Ricardo Navarro, 27. According to reports, Demoreta confessed to sexual contacts with a victim between 12 and 15. Navarro was charged with similar offenses.

To make matters worse, Demoreta is also a teacher, employed by the Florida virtual School. Allegedly, Demoreta abused the child in a classroom at Mulberry Middle School, and also at the First Assembly church.

If I was a parent of one of these girls, I would be outraged at these allegations and charges. I think I would immediately want to know how in the world men like these could be allowed to serve as teachers and youth ministers. I would also want to know how Demoreta could have had sex with a child in both a school, and in a church.

As an Orlando child sexual abuse lawyer, I know that institutions like schools and churches have duties to background check adults who work with children, and also to monitor those adults in their contacts with children. It will be interesting to see how this story progresses. I hope the young victims get the counseling help they will need.

If you have any questions about a Florida child sexual abuse case, or the duties that churches and schools have to protect young people, call Winter Park personal injury lawyer Kim Cullen at 407-254-4901.

Did Apartment Complex Do ANY Background Check Before Sexual Abuse By Worker?

Tue, 13 Dec 2011 08:00:00 EST

I was shocked (actually, maybe flabbergasted is a better description) by a story I read on the WESH.com website today. According to the piece, a man who had volunteered in an after-school program for kids was arrested yesterday on suspicion of several counts of sexaul assault on children.

Apparently, 18-year-old Charles Hayes, III was serving as a volunteer in an after-school program for young children being operated by an unnamed Pine Hills apartment complex. Law enforcement officials say that Hayes was initially accused of inappropriately touching a seven-year-old boy in the stairwell of one of the apartment building.

As if that wasn't bad enough, when approached by authorities, Hayes admitted to the assault on the seven-year-old, and also confessed to molesting other children in the program.

In an unusual twist, it was reported that Hayes also told authorities that he hears voices telling him to hurt others.

As an Orlando child sex abuse attorney, I have to wonder what the people at the apartment complex were thinking in allowing someone like Hayes to be anywhere near children. This man clearly has some SERIOUS problems that would appear to immediately demonstrate to anyone paying attention that he was not fit to work with children. If I was a parent of the one of the abused kids, I would love to see what kind of background check, if any, was done on Mr. Hayes. Any kind of child-centered program that features adults working closely with children has a clear legal duty to background check the adults.

If you have any questions regarding a child sexual assault or abuse, call Winter Park personal injury attorney Kim Cullen at 407-254-4901.

Motorcyclist On Highway 50: Stopped, Dead

Mon, 12 Dec 2011 08:00:00 EST

A currently unidentified motorcyclist was tragically killed in a truck versus motorcyle accident in Orange County on Saturday night. According to the Orlando Sentinel, the motorcyclist was stopped at a traffic light at Remington Road at approximatley midnight.

The traffic light at Remington Road turned from red to green, but before the motorcyclist could begin moving, he was rear-ended by a Honda S.U.V. being driven by Shawn Yerich of Clermont. The motorcyclist was unfortunately ejected from the motorcycle, and pronounced dead.

As an Orlando motorcycle accident attorney, I constantly harp on drivers in Central Florida to pay extra special attention and look for motorcyclists. Unfortunately, too many severe motorcycle accidents result in wrongful death. This post contains the best video I've ever seen to demonstrate what good drivers should do.

If you have any questions concerning a Florida motorcycle accident, or an Orlando crash that causes a wrongful death, call Winter Park personal injury attorney Kim Cullen at 407-254-4901.

Insurance Adjuster On Your Doorstep With A Check? Think Twice

Sun, 11 Dec 2011 08:00:00 EST

We have met with several new clients over the years who have shared a remarkably similar story with us. Since this happened again recently, I thought it might be a good idea to share a general version of the story on this blog as a cautionary lesson.

The story usually starts something like this: our client is involved in an intersection collision. She is a passenger in a car being driven by a friend. The crash is one of those situations where there is a four-way stop, but one driver decides to blow through a stop sign.

Although the impact of the crash seems pretty significant from the property damage photos, our client thinks she is lucky and has escaped the accident without much in the way of injuries. She visits her family doctor complaining of a little stiffness, and perhaps some bruising.

Within a couple of days the bruising is improving, but now our lady is noticing that sitting at her computer at work is causing her neck to hurt.

Within a week or so after the accident, our lady receives a visit at her home from an insurance adjuster. The adjuster represents the driver who had run the stop sign and violated the right-of-way. She asks some questions and pulls a checkbook out of her bag. She offers to write a check on the spot to settle our lady's injury claim. She explains that when injuries are minor, there is no need to drag out a claim or hire a lawyer.

Because she is worried about the bruising, our lady rejects the offer. The bruising slowly but surely improves, but in the meantime, her neck pain becames worse and worse. After putting it off for a few weeks hoping things will get better, she finally sees an orthopedic doctor. The orthopedist orders an MRI which reveals that our client is suffering from several cervical disc protrustions. Ultimately, she has weeks or months of costly physical therapy, and sometimes requires spinal injections, or worse, some kind of cervical spinal fusion surgery.

As an Orlando accident attorney, I know that our client was one of the lucky ones. Hundreds (or more) of Florida accident victims probably settle their claims with adjusters on their front doorsteps each year, and later find out that their injuries are much more severe than they thought. There is no need to rush into a personal injury settlement. Wise consumers will wait until they know what they are dealing with before entering into a General Release with an insurance company that may forfeit their legal rights forever.

If you have any questions regarding a Florida car accident, or questions regarding whether to settle a claim directly with an insurance adjuster, call Winter Park personal injury attorney Kim Cullen at 407-254-4901. We will answer all of your questions for free, and can help you make a decision about what to do next.

"Dangerous" Dog That Bit 3-Year Old Might Not Be Covered By Insurance

Sat, 10 Dec 2011 08:00:00 EST

A precious three-year old girl who was recently bitten by a German Shephard in Orlando's Baldwin Park neighborhood may not have access to the future healthcare she needs, despite recent ruling designating the dog that bit her as "dangerous." The Orlando Sentinel recently reported that a hearing office at Orange County Animal Services designated Monty, the German Shephard, as "dangerous."

Apparently, evidence was presented that Monty had been aggressive with others in the neighborhood, and may have actually bitten another person before he bit little three-year old Eric Lienhart.

While this kind of evidence obviously suggests that Monty's owners should have known that he was, at least, potentially dangerous, Florida law doesn't even require this level of proof to hold a dog owner responsible following a dog bite. In Florida, dog owners are strictly liable for injuries caused by their animals, as long as the victim did not provoke the dog.

Photos of young Erica clearly demonstrate the severity of her injuries. Based upon my experience as an Orlando dog bite attorney, it would not surprise me if Erica required one or more cosmetic surgeries in the future to hide or improve her scars. Florida law makes Monty's owners responsible for Erica's damages. The problem in many of these cases is that dog owners often do not have the assets or the financial ability to pay damages.

Until a few years ago, homeowners insurance would often cover dog owners and provide dog bite victims with some hope of being made whole in compensation for their damages. However, over the last few years many insurers have begun excluding certain dogs from coverage. Other insurers have elected to stop covering dog bites altogether. I believe dog owners should be required to make sure they have dog bite coverage as a condition for owning a dog - particularly with certain breeds that statistically are more inclined to bite.

If you have any questions regarding a Florida dog bite case, call Winter Park personal injury attorney Kim Cullen at 407-254-4901.

Survey: 70 Million Drivers Ignoring Potential Car Insurance Savings

Fri, 09 Dec 2011 08:00:00 EST

The Insurance Journal website had an interesting piece I thought we should share on our website. As an Orlando accident attorney, I talk to people almost every work day about automobile insurance. Almost universally, the people I talk to who have been injured in Florida car accidents feel like they pay too much for car insurance. Most of these people probably do not realize that they could easily be saving an average of $150 per year on car insurance according to a recent survey.

Harris Interactive surveyed 1,003 drivers across the nation to see if they might be missing out on savings on automobile insurance by participating in usage-based or mileage-based insurance programs. These are programs that reduce insurance rates for those drivers who drive less frequently or fewer miles, during safer times of the day, or have a history of safe driving.

New technology is emerging that allows insurance companies to track driving data for their customers, and adjust their rates accordingly. According to an industry insider, at least 60% of automobile insurance companies offer this kind of program in at least one state.

Data from Harris Interactive indicates that up to 39% of drivers, or more than 70 million people, might be eligible for these discounts.

We gladly answer questions about Florida automobile insurance – for no charge. Should you have any questions about Florida car insurance, call Winter Park personal injury attorney Kim Cullen at 407-254-4901

How To Seek A Second Medical Opinion After A Florida Car Accident

Thu, 08 Dec 2011 08:00:00 EST

Many people involved in Orlando automobile accidents find themselves requiring medical treatment. The most unfortunate find themselves requiring significant intervention such as pain medication injections, rhizotomies, discograms, or even spinal fusion surgeries. When doctors recommend serious procedures like these, many accident victims are understandably worried, and sometimes not sure what to do.

This is why I thought I would pass along some useful information I recently read about seeking second medical opinions in a recent Los Angeles Times article.

According the piece, recent research confirms that seeking second opinions saves lives in instances of serious illness and purportedly fatal disease. In addition, seeking a second opinion can often save money by steering people away from expensive procedures. Nevertheless, a 2010 poll showed that 70 percent o Americans never seek a second opinion, or even do additional research after hearing a doctor's recommendation.

Here a few suggestions from the article:

1. Don't worry whether you doctor will be angry at you or seeking a second opinion. Any doctor worth his salt will understand the situation you are in, and will welcome a second set of eyes upon your problem.

2. Discuss issues that are important to you. Many times a specialist providing a second opinion will not know you will, and may not know what issues might be important to you.

3. Don't conceal your first doctor's opinion. The second opinion physician may find the first doctor's approach helpful in crafting a recommendation for you.

4. Bring important information with you. The second physician cannot give you a well-reasonsed recommendation unless he has your medical records, films, lab work, and any other relevant medical information.

Hopefully, these suggestions will be helpful to Florida car accident victims. If you have any questions about medical care or seeking a second medical opinion after an Orlando motor vehicle crash, call Winter Park accident attorney Kim Cullen at 407-254-4901.

Deadly Lake Mary Car Crash Triggers N.H.T.S.A. Jeep Investigation

Wed, 07 Dec 2011 08:00:00 EST

Many Central Floridians are familiar with a fiery crash that occurred on November 16, 2011, on Interstate 4 near Lake Mary. Anyone that was travelling on I-4 that day knows that traffic was tied up for hours after a 1997 Jeep Grand Cherokee was rear-ended and burst into flames, ultimately causing the wrongful death of a 24-year old passenger in the Jeep.

According to a piece in the New York Times, the Florida Highway Patrol determined that the Jeep was rear-ended at approximately 65 miler per hour. Based upon the complaints about ruptured or leaking fuel tanks involving Grand Cherokees over the past several years, the National Highway Traffic Safety Administration decided to investigate the Lake Mary accident.

Hopefully, N.H.T.S.A. can get to the bottom of this issue soon. According to Experian Automotive, there are approximately 2.2 million Grand Cherokees still operating on American roads.

If you have any questions regarding a Florida car accident, or suspect that something about your car made your injuries worse, call Winter Park accident attorney Kim Cullen at 407-254-4901.

Sidney Crosby Showcases New Treatment Option For Brain Injury Victims

Tue, 06 Dec 2011 08:00:00 EST

Help may soon be on the way for people who suffer brain injuries in Florida automobile accidents -- and a famous hockey player may be responsible for bringing an exciting new treatment into the mainstream.

Many people are aware that Sidney Crosby suffered a serious head injury during the 2010 hockey season, and was diagnosed with a concussion as a result. Mr. Crosby was not alone. Thousands of motorists suffer brain injuries in Florida car accidents each year, and suffer with the symptoms of concussion such as amnesia, loss of mental function, irritability, confusion, and loss of balance.

After trying several treatment modalities, Mr. Crosby finally settled found a device called the "GyroStim" located in Atlanta, Georgia. The "GyroStim" is essentially a motorized mechanical chair that rotates slowly in several different planes of motion. The idea is to stimulate brain function in such a way that the brain reprograms itself to work around injured areas. It appears that the treatment has worked for Mr. Crosby, as he scored a goal in his first game back in the NHL.

As an Orlando accident attorney who has represented many Florida brain injury victims, I am excited any time I hear about new treatment options for these kinds of injuries. Although brain injuries can often not be seen on X-rays or diagnostic studies, they can be debilitating for patients.

If you have any questions about a Florida brain injury, call Winter Park personal injury attorney Kim Cullen at 407-254-4901.

Automakers To Begin Implementing New Technology To Save Lives In Rollover Accidents

Mon, 05 Dec 2011 08:00:00 EST

The New York Times featured an interesting piece this weekend on a new safety standard issued by the National Highway Traffic Safety Administration (NHTSA), and how automakers are planning to implement it.

The new safety standard was issued in response to several scientific studies indicating indicating that 47 percent of vehicle occupants killed in rollover car accidents were ejected from their vehicles. The new standard requires automakers to install technology on new vehicles that will keep an adult from moving more than four inches past the side window in the event of a crash.

It is believed that most automakers will implement the new rule by installing larger side airbags that cover a much larger portion of the side window and that are tethered to more points in the car.

Consumers will being seeing the new measures in 2013 for the larger automakers. All new cars must have the new technology by 2017.

As an Orlando accident attorney, I think the new safety rules are a good idea. I have seen too many families destroyed by wrongful deaths, brain injuries, and serious spinal injuries following a vehicle ejection. This new technology (along with, of course, wearing seatbelts) will undoubtedly save lives.

If you have any questions regarding a vehicle rollover accident, or an occupant ejection, call Winter Park personal injury attorney Kim Cullen at 407-254-4901.

Has Your Insurance Agent Given You Bad Advice Regarding A Claim

Sun, 04 Dec 2011 08:00:00 EST

I recently read an article on the website of the Insurance Journal that got me thinking. The article was written by an insurance risk management specialist that makes his living helping insurance agents and agencies protect themselves.

After reading the aricle, it occured to me that most people probably only think of their insurance agent as the man or woman who sells them their automobile, motorcycle, boat, or homeowners coverage. However, many times the very first person that an insurance customer talks to when a claim takes place is their agent or a customer service representative in the agent's office.

The thrust of the article was to point out to insurance agents that they, and their agencies, can face liability for bad advice given regarding a claim - even though they don't technically handle claims. For example, if a customer finds out about a claim being made against them, and call their agent for advice, the agent could be liable if he gave the insured customer advice that jeopardized or voided his insurance coverage.

An example might be an insurance policy that required the insured to report a claim in a certain way, or within a certain time limit, in order to be a covered claim. If the insurance agent told his customer not to worry about the claim, or allowed the time limit to lapse, the agent could be liable for value of the claim.

As an Orlando insurance dispute attorney, I am not sure that consumers realize that their insurance agent can be liable for giving bad advice about claims (as well as for giving bad advice about which insurance coverage to purchase.) Agents are supposed to be more experienced, and more knowledgable, about various aspects of the insurance business than their customers -- not only sales of insurance policies.

If you have questions about insurance agents' responsibilities, or if you believe your insurance agent has given you mistaken advice about a claim, call Winter Park personal injury attorney Kim Cullen at 407-254-4901.

CVS Pharmacy May Play Important Role In Stopping Florida Pill Mills

Thu, 01 Dec 2011 08:00:00 EST

I was very happy to read a story today on the WFTV Channel 9 website indicating that CVS Pharmacy has decided to stop filling painkiller prescriptions for certain doctors across Florida.

According to WFTV, CVS has issued a letter to select doctors across Florida indicating that the pharmacy will no longer fill Schedule II Controlled Substances for their patients. Schedule II Controlled Substances are generally the most powerful prescription drugs on the market -- including powerful painkillers like Oxycodone, Methadone, Opium, Nembutal, and others.

CVS has not shared any information regarding how it decided which doctors to cut off from prescriptions, and which doctors to continue filling prescriptions for. However, one member of the Orange County Prescription Drug Task force, Dr. George Ralls, said the decision was probably made from information contained in CVS's sizeable database.

As an Orlando accident attorney who is interested in seeing our community rid of pill mills and the trail of death and destruction they leave behind, I think CVS's decision seems like a wise first step toward controlling prescription drug abuse. Of course, this move is not going to stop pill mills from dispensing drugs directly from their clinics -- which is obviously a practice still ripe for abuse. It will be interesting to see if the CVS experiment puts a dent in our area's record of deaths from prescription drug abuse.

If you have questions about Florida pill mills, or the death of a friend or loved one as a result of a prescription drug overdose, call Winter Park personal injury attorney Kim Cullen at 407-254-4901.

CD-Changing Distracted Driver Liable For Wrongful Death Of Florida Woman

Tue, 29 Nov 2011 08:00:00 EST

The Orlando Sentinel reported on a tragic car crash that occurred Monday on the Florida Turnpike in Osceola County. The most tragic part of this story is how easily it could have been avoided.

According to the Florida Highway Patrol, Karen LeForge, of West Palm Beach, was in the inside lane of the Turnpike when she decided to change the CD in her car’s CD player. Unfortunately, the distraction of changing the CD caused Ms. LeForge’s vehicle to drift into the adjacent lane and impact an S.U.V. being driven by Ida Henderson. The impact caused Ms. Henderson’s vehicle to overturn on to its roof.

Ms. Henderson was tragically killed in the accident. Two passengers travelling in Ms. Henderson’s vehicle were also injured and were taken to Osceola Regional Hospital.

As an Orlando accident attorney, I have been on a crusade against distracted driving for a long time (here, here). It doesn’t matter if it is texting, surfing the internet, talking on a cell phone, or changing a CD, not paying full attention to the roadway and driving conditions is a recipe for disaster.

My heart definitely goes out to Ms. Henderson’s family. This is an accident that definitely could have been avoided. Distracted driving is a choice, after all. I am hopeful that Ms. LeForge has plenty of bodily injury liability insurance coverage, and that Ms. Henderson (and her injured friends) all elected to carry Underinsured Motorist coverage in their own automobile insurance policies.

If you have any questions about a Florida car accident, wrongful death claims, or Florida automobile insurance, call Winter Park personal injury attorney Kim Cullen at 407-254-4901.

Trucker Could Face Felony For Leaving Scene Of Volusia I-95 Crash

Mon, 28 Nov 2011 08:00:00 EST

The Orlando Sentinel is reporting a tragic crash in Volusia County involving a semi tractor-trailer and a motor home that left one woman dead, and her husband injured.

According to the Florida Highway Patrol, Sandra and Thomas Gentry of Titusville, were traveling north on Interstate 95 in north Volusia County in their motor home. Somehow their vehicle was struck on the side by a passing semi tractor-trailer. This caused Mr. Gentry to lose control of his motor home, and enter the grass shoulder. His vehicle struck an embankment, cross an entrance ramp to the highway, and crash into a fence. Ms. Gentry was reportedly tragically pronounced dead at the scene.

Unforgiveably, the semi truck driver decided not to stop. Witnesses say that the truck was white, and may have had a logo or the word "Prime" on the side.

As an Orlando accident attorney who has handled more than his share of trucking accident wrongful death cases, my heart goes out to the entire Gentry family. Hopefully, the truck driver who cavalierly left the scene of this obviously serious accident will be brought to just and face the serious felonies attached to the leaving the scene of an accident with injuries or death.

If you have any questions regarding a Florida trucking accident, call Winter Park personal injury attorney Kim Cullen at 407-254-4901.

Did Jet Ski Owners Negligently Entrust Watercraft To Untrained Child Operators?

Mon, 28 Nov 2011 08:00:00 EST

I read a very sad piece in the Orlando Sentinel this morning involving the death of 14-year-old boy in a Lake County jet ski accident over the weekend. (This hits particulary close to home for me because I have a 14-year-old son at home...)

Apparently, a group of at least four 14-year-olds were operating two jet skis on Lake Joanna in Eustis. At some point, the drivers of the two jet skis found themselves heading for each other. Both watercrafted veered, but veered in the same direction, ending with a significant head-on collision. Nicholas Polk was a passenger on one of the jet skis, and somehow died as a result of the crash.

Although all of the boys were wearing life jackets, none of the them had ever completed the required boater safety course mandatory to operate a jet ski. Florida law requires any Florida resident under 22 to carry a boating safety education identification card and photo ID when operating a jet ski.

As an Orlando accident attorney who has experience counseling families after fatal accidents like this one, my heart goes out to the Polk family. Losing a child is always such a tragic loss...

As a parent, I would be interested in learning more about how these boys came to be operating these jet skis without the proper licensing. Who was supposed to make sure that these boys had the proper boater safety training that likely would have addressed what to do when two watercraft are heading directly toward one another? It is very possible that one or more of the parents could be held liable for negligently entrusting a water vehicle to a child who was untrained, or ill-equipped to operate it.

I certainly hope that there is a good explanation for what happened -- for the sake of the Polk family.

If you have questions about a Florida jet ski or watercraft accident, call Winter Park personal injury attorney Kim Cullen at 407-254-4901.

Huge Child Sex Abuse Judgment: Symbolic or Collectible?

Mon, 21 Nov 2011 08:00:00 EST

The Insurance Journal website carried an interesting piece the other day discussing what may be the largest verdict in the history of the South Carolina court system. South Carolina Circuit Judge Stephanie McDonald recently order a Moncks Corner, South Carolina man to pay his ex-stepdaughter $14 million after the court found that the man had committed sexual assault, sexual battery, and intentional infliction of emotional distress on the girl over a 10-year period.

The now-27-year old woman brought her claim after being unsatisfied with the criminal sentence faced by her ex-stepfather when he pleaded guilty to the crimes in 2003. The stepfather had received a sentence of only six years, but was allowed to serve two years on probation.

As an Orlando child sexual abuse attorney, I am torn by stories like this one. On the one hand, I greatly admire the vast amount of courage that it must have taken for this young woman to come forward, and to publicly testify in open court about what happened to her. To her, this trial outcome had to represent a significant victory on several levels.

At the same time, I worry about whether all of her emotional pain and stress, and the time and expense associated with trying a lawsuit, will end up being worth it. I don't know anything about the stepfather in this case, but my experience with situations like this one is that abusive stepfathers who have been sentenced to prison rarely have assets sufficient to satisfy a $14 million final judgment. Unless there is some kind of negligent supervision-type claim, I cannot imagine any insurance policy covering this type of claim.

Lawyers who take on these kinds of cases normally do so on a contingency fee basis, this means that the lawyer does not get paid a fee unless the lawyer actually collects money for his client. I wonder how the attorney for the stepdaughter in this case was paid. It seem unlikely any money will ever be collected. If the stepdaughter was paying her attorney on an hourly basis, I wonder whether the attorneys' fees and costs expended by her will take some of the joy out of the victory. Either way, I really hope that his woman somehow recovers enough money to allow her to receive outstanding psychological therapy and counseling. After being sexually abused for ten years, she undoubtedly needs it.

If you have any questions about a Florida child sexual abuse case, call Winter Park personal injury attorney Kim Cullen at 407-254-4901.

Death Of Orlando Hit-And-Run Victim A Tragedy On Several Fronts

Tue, 15 Nov 2011 08:00:00 EST

Pedestrians die on Central Florida roads all too often. As I have previously blogged, Central Florida is the most dangerous place in the United States for pedestrians. Of course, every one of these deaths is tragic in its own right. But the story behind what happened to 82-year old pedestrian Angel Rivera seems worse to me as an Orlando accident attorney.

According to WFTV.com, things are not what they appeared to be surrounding the death of Mr. Rivera as he was hit crossing Colonial Drive in Orange County on Halloween night. When Florida Highway Patrol troopers arrived at the scene, they found a woman at the scene tending to Mr. Rivera. She told troopers that damage to her car at the scene was caused after someone sideswiped her after she stopped to help. It now turns out that the Good Samaritan appears to have been the first one to hit Mr. Rivera - but she initially lied about it.

To make matters worse, Mr. Rivera was hit by a second vehicle while he was on the ground. This vehicle stopped briefly, then sped off. The woman was apprehended later by police, and has said that she didn't realize she needed to stop.

First, leaving the scene of an accident with injuries is a felony. This information is part of the Florida Drivers Handbook, and textbook stuff on the driver's license test. Second, what kind of person leaves the scene when they know they have hit another human being with their car?

Hopefully, both of these drivers have plenty of bodily injury liability coverage in place to respond to any kind of wrongful death claims brought by Mr. Rivera's surviving family. This seems like the least that should be done in light of the circumstances here.

If you have any questions regarding a Florida automobile versus pedestrian accident, or a Florida wrongful death claim, call Winter Park personal injury attorney Kim Cullen at 407-254-4901.

Conflicting Stories About Pit Bull Attack On Two-Year Old

Mon, 14 Nov 2011 08:00:00 EST

Local media (here and here) are offering conflicting information about a dog bite attack of a two-year old that may make a huge difference in the child's recovery. However, there is no doubt about the fact that a pit bull was unprovoked when it attacked the child and bit his face and scalp badly enough that the child had to be taken to Intensive Care at the Florida Hospital for Children in Orlando.

Apparently, the child was visiting a family member in Port Orange when he was attacked. It is unclear from the reports whether the dog belonged to a neighbor or someone living in the relative's home. As an Orlando accident attorney who has handled many dog bite cases, I am going to hope for the sake of this precious child that the dog belonged to a neighbor.

I say this because I hope the neighbor has homeowners insurance to respond to this very serious injury claim (normally a boarder would not have their own insurance policy). From the reporting, it sounds like this child is going to have tens -- if not hundreds -- of thousands of dollars in medical and plastic surgery expenses.

If you have any questions about a Florida dog bite case, call Winter Park personal injury lawyer Kim Cullen at 407-254-4901.

Clermont Man Killed By Truck Hauling Sand, Cause Unclear

Thu, 10 Nov 2011 08:00:00 EST

The Orlando Sentinel is reporting a very serious and fatal truck accident that occurred at the intersection of State Road 33 and County Road 561 in Lake County.

According to the Florida Highway Patrol, Michael Bradbury was driving a semi truck with a trailer full of sand on State Road 33. As he approached the intersection of County Road 561 he somehow lost control of his truck, causing it turn over on its side, and sending his trailer sliding on to County Road 561.

Unfortunately, Robert Michael Day, of Clermont, was driving his Chevrolet van at the intersection at that moment. Mr. Day's van was hit, and burst into flames. Mr. Day was tragically pronounced dead at the scene.

As an Orlando accident law firm, our hearts go out to the family of Mr. Day. It was reported that Mr. Bradbury was also injured, so we wish him a speedy recovery, as well.

Apparently, the cause of Mr. Bradbury's losing control of his truck is still unknown. Being familiar with that intersection, it would not appear that road conditions or the design of the intersection would have contributed to causing the crash.

Professional truck drivers receive special training to learn how to control heavy loads. There are special rules that apply to how they operate heavy trucks, and the conditions under which they can work. It would be interesting to know a little bit more about Mr. Bradbury's experience, training, and fitness to drive that day.

If you have any questions about a Florida truck accident, or wrongful death claim, call Winter Park personal injury lawyer Kim Cullen at 407-254-4901.

Mistrial In Orange County Motorcycle Case Raises Plenty Of Questions

Tue, 08 Nov 2011 08:00:00 EST

I read an interesting piece on the WFTV.com website yesterday indicating that a mistrial had been granted on Friday in a million-dollar motorcycle accident case that is being tried against Orange County government. Apparently, the motorcyclist lost his leg in 2006 when an Orange County worker in a County vehicle hit him while he was riding and severed his leg.

According to the article, it was a week-long trial. After jurors deliberated for seven hours on Friday, the jurors were told that they would have to come back on Monday. Apparently, one of the jurors told the judge that returning on Monday was impossible for her due to work obligations. She said she would be fired if she missed work. In response, the judge declared a mistrial.

As an Orlando accident attorney with 18 years' experience trying cases, I can tell you that mistrials are unbelievably frustrating. First, a mistrial represents a complete waste of everyone's time -- lawyers, clients, witnesses, court personnel, judges, everyone. Second, a mistrial represents a huge expense to both sides. Witnesses -- and particularly expert witnesses -- cost a lot of money to bring to trial. All of these folks will have to be brought to the Orange County courthouse a second time, now.

After reading the WFTV piece, I am left with questions, and wanting additional information. For example:

* What evidence that this juror would REALLY have been fired if she did not return to work on Monday?
* Did the juror disclose this information to the Court and the lawyers during jury selection?
* How late in the day were the jurors allowed to deliberate on Friday night?
* How close were they to reaching a verdict when the Court session were closed on Friday?
* Why was the alternate juror released ahead of the verdict?

It will be interesting to learn more about this case, and the circumstances of the mistrial. There may be several cautionary lessons for other trial lawyers in how all of this occurred.

If you have any questions regarding motorcycle accident cases, or personal injury trials, in Orange County, Florida, call Winter Park personal injury attorney Kim Cullen at 407-254-4901.

How Much Did Church Know About Sunday School Child Sex Abusers?

Sun, 06 Nov 2011 08:00:00 EST

I am just catching up with the surprising story about Mike Lee, the Eastland Baptist Church of Orlando youth pastor who was arrested with 49 other people last week in a Orange County child sex sting. Mr. Lee allegedly showed up at a home where he thought he was going to have sex with an underage girl, only to be met by Orange County Sheriff's Deputies.

According to Orlando's WESH.com, Mr. Lee is a long-time youth pastor and Sunday School teacher at Eastland Baptist Church. Apparently, the church has issued a statement indicating that it informed its congregation about Mr. Lee's arrest shortly after it happened. However, further investigation has revealed that two years ago another Eastland Sunday School teacher, Ed Wilcox, was arrested and pleaded guilty to lewd and lascivious acts against a minor. Reportedly, the leadership at the church decided at that time not to reveal Mr. Wilcox's arrest to the congregation.

As an Orlando child sexual abuse attorney, the church's decision to remain silent regarding Mr. Wilcox's arrest is very troubling, and perhaps reflects a refusal to acknowledge some realities about child sexual abuse. For example, in my experience handling child sexual abuse cases, it is very rare that an abuser will have only one victim. Most child sexual abusers will leave a trail of abuse and destruction in their wakes. It may not be obvious, and there will likely be much secrecy surrounding the abuser's past, but there is almost always a history. It curious that Eastland would not want to find out the full extent of the abuse so that those who might have been abused might come forward and seek treatment and help.

This is why background checks and constant monitoring are critical when adults (and unfortunately, mostly men) are placed in positions of trust or care of children. In the case of Eastland Baptist Church, it would be interesting to know what, if any, real background check was done on Mr. Lee and/or Mr. Wilcox. Also, how much monitoring was there to determine whether any of their extra-curricular activities were bleeding into their Sunday School roles. One could argue that there appears to be something missing in the institutional management of this church that is making it attractive for child sexual predators.

If you have any questions regarding claims of child sexual abuse, call Winter Park personal injury attorney Kim Cullen at 407-254-4901.

Which Driver Is At Fault For Melbourne Power Line Accident?

Wed, 02 Nov 2011 08:00:00 EST

I read an interesting article on the WESH website today that highlights a problem we often face in car crash cases. Apparently, the incident began when a woman lost control of her vehicle on U.S. Highway 1 and hit a power pole, bringing live power lines on to the highway.

Another driver, and then a firefighter, stopped to help. In the process of doing so, another driver drove over the downed power lines and caused the power pole to strike the two helpers, sending them to the hospital.

As an Orlando accident attorney, it is not unusual for clients to come to us after having been involved in successive accidents. In a typical situation, the client explains that she was hit by one car, her car came to rest, and then she was hit by another car. Car crashes like these often present challenges for injured people, as insurance companies attempt to escape liability by trying to shift blame from one impact to the other.

Fortunately, Florida courts have provided some help to accident victims. If the injury suffered by the claimant cannot be apportioned or divided between the two accidents, generally the at-fault party in the first accident bears responsibility for all of the injured person's damages.

If you have any questions about a Florida car accident, call Winter Park personal injury attorney Kim Cullen at 407-254-4901.

State Needs To Fix Dangerous I-4 Fairbanks Curve, Pronto

Mon, 31 Oct 2011 08:00:00 EST

I read with great interest today a piece on the WFTV Orlando website about the notoriously dangerous curve on Interstate 4 as it passes over Fairbanks Avenue here in Winter Park. The story dealt primarily with a Pepsi truck that had lost control during rainy weather, jack-knifed, and blocked traffic on I-4 for over an hour.

What got me upset, particularly as an Orlando accident attorney who has represented hundreds of motorists in Interstate 4 crashes over the years, was the part of the piece explaining why the Fairbanks curve remains dangerous after years of serious accidents there.

According to WFTV, the Florida Department of Transportation is well aware that the curve is dangerous and poorly engineered. A spokesman for Florida D.O.T. indicated that the curve needs a better-engineered system to channel the water away from the lanes of travel. As it stands, water gathers on the flat part of the road, causing unsuspecting vehicles to hydroplane and, many times, lose control.

According to the piece, there have been six major crashes on the Fairbanks curve in 2011. This is obviously far too many crashes. Regardless of budget challenges, the State of Florida needs to get this problem fixed right away. Not moving to correct a known problem could expose the Florida D.O.T. to liability for one of these serious crashes.

If you have questions about serious car accidents, get a FREE copy of Winter Park personl injury attorney Kim Cullen's book, Asleep At The Wheel, by visiting www.bestfloridaaccidentbook.com.

Young Mother Killed By Car While Waiting For Bus On Highway 50 In Orlando

Thu, 27 Oct 2011 08:00:00 EST

Several local Orlando media outlets are reporting a tragic automobile versus pedestrian crash that occurred yesterday on West Colonial Drive, between Edgewater Drive and Westmoreland Drive. Apparently, a 20-year old Orlando man with a history of careless driving crossed four lanes of traffic before crashing into a bus stop area.

Unfortunately, two women were waiting for the bus at that time. One woman, a 31-year old devoted mother of two, was killed. The other woman was older and was critically injured. At this point, police are not releasing any information regarding the older woman, or why the 20-year old driver lost control of his vehicle and crashed into these women who were waiting in a presumably safe place on the sidewalk.

Our thoughts and prayers go out to the families of both women, and we will keep our fingers crossed for a speedy recovery for the surviving pedestrian. As an Orlando accident attorney, I know how devastating a wrongful death from a car crash can be to a family. Hopefully, the driver in this instance carried plenty of bodily injury liability coverage to adequately compensate these victims. If not, I hope that each of these ladies has access to plenty of Uninsured/Underinsured Motorist coverage.

For answers to questions about automobile versus pedestrian accidents, call Winter Park injury attorney Kim Cullen at 407-254-4901.

Interstate 4 Crash That Killed Polk County Man Probably Could Have Been Worse

Thu, 27 Oct 2011 08:00:00 EST

The Orlando Sentinel is reporting that a Polk County man was killed in a tragic crash that occurred while several vehicle were traveling westbound on I-4 last night in Hillsborough County.

Apparently the sequence of events started when the driver of a Crown Victoria veered from his location in the inside lane of the highway into the middle lane, side-swiping a Honda Civic being driven by Glen Burnison of Astatula. The vehicles separated, but the Crown Victoria spun and came to rest facing sideways, blocking two lanes of traffic.

A 2002 Ford Explorer being driven by Janet Fones was traveling behind the other two vehicles, and apparently could not avoid the Crown Victoria and crashed into it. Apparently, the driver of the Crown Victoria was killed in the crash, and the driver of the Explorer was seriously injured and taken to Lakeland Regional Medical Center for treatment.

While my thoughts and prayers certainly go out to the family of the Crown Victoria driver, as an Orlando accident attorney I know that this crash could have been worse. In my experience handling automobile accidents on Interstate 4, it is not uncommon for everyone in a high speed crash like this one to be killed. While both of the other drivers in this crash received injuries, they (and their families) should feel fortunate that it wasn't worse.

Hopefully, all of the drivers involved in this crash had enought foresight to carry plenty of insurance to cover their expenses and losses. My office offers free reviews of automobile insurance policies for Florida consumers. Call Winter Park personal injury attorney Kim Cullen at 407-254-4901 to schedule an appointment.

Theme Park's Change Of Amusement Ride With Injury History Likely Inadmissible

Sat, 22 Oct 2011 08:00:00 EST

Orlando's WESH.com is reporting that Universal Studios Florida has announced that it is altering its Dragon Challenge roller coaster ride following an internal investigation stemming from two recent incidents involving personal injuries.

Universal Studios has recently faced claims that riders of this particular amusement ride (which was formerly called Dueling Dragons) roller coaster had been injured when they were struck by loose objects. One man reportedly suffered the loss of his eyeball after being struck in the eye.

The Dragon Challenge features twin roller coasters on separate, intertwined tracks. At some points, the two coasters come within 18 inches of each other while travelling up to 60 mph.

Universal Studios has announced that the two coasters will no longer be operated simultaneously.

As an Orlando accident attorney who regularly handles theme park accidents, I talk to people all of the time who think that evidence of such a major change in procedure - presumably in response to prior injury claims - would be relevant to show that the something about the ride was dangerous in the first place. However, Florida law is actually the opposite. Such a change is actually specifically not admissible to prove liability. Such a change is called a subsequent remedial measure. Under Florida law, juries do not get to hear about subequent remedial measures.

Does this seem fair?

If you have questions about a Florida theme park accident, call Winter Park accident attorney Kim Cullen at 407-254-4901.

Despite No Charges, Driver Who Killed Winter Park High Grad Can Still Face Justice

Fri, 21 Oct 2011 08:00:00 EST

I just read the latest (and perhaps final) development in the case of a Winter Park college student who was killed in a horrible crash on State Road 436 that I blogged about last year.

Back in September 2010, all that was known was that Anthony Robinson drove his pickup truck into a Hyundai carrying 19-year old Morgan Crofton and some of her friends. Ms. Crofton tragically died in the crash.

Since that time, investigation has revealed that Mr. Robinson had a history of having epileptic seizures, had had a seizure shortly before the crash, and was attempting to drive himself home without taking any seizure medication. The State Attorney's office has decided not to charge Mr. Robinson with a crime.

Despite the fact that no criminal charges will be brought, this does not mean that Mr. Robinson will necessarily escape justice. Mr. Robinson can still be held civilly responsible for the harm he has caused.

This highlights the difference between the burden of proof in criminal versus civil cases. In order to make a criminal case against Mr. Robinson, the State Attorney would have had to prove that Mr. Robinsion essentially intended to kill Ms. Crofton, or that he demonstrated a willful disregard for the safey of others beyond any reasonable doubt.

On the other hand, in a civil case, as an Orlando accident attorney, I know that Mr. Robinson can be held 100% responsible for the harms he caused if it could be proven that it is more likely than not that he was negligent by deciding to drive after he knew that he had suffered a seizure.

Even though it appears that Mr. Robinson won't be going to jail, I am going to keep my fingers crossed that he carried plenty of bodily injury liability insurance, or had sufficient personal assets, to provide some justice to the Crofton family for the tragic wrongful death of their daughter.

If you have questions about serious Florida car accidents, call Winter Park personal injury attorney Kim Cullen at 407-254-4901, or order a FREE copy of Kim's book, Asleep At The Wheel, at www.bestfloridaaccidentbook.com.

Did Sexually Abusive Hospital Nurse Receive Background Check Before Hire?

Thu, 20 Oct 2011 08:00:00 EST

The Orlando Sentinel is reporting that the Kissimmee Police Department has charged a male nurse at Osceola Regional Medical Center with multiple counts of sexual battery.

According to the Sentinel, Shean Galvin, 49, was working in the emergency room at ORMC when he sexually assaulted to separate patients in September and October. In the first incident, a woman arrived in the emergency room after falling at home. Nurse Galvin reportedly asked to see the patient's breasts, then gave her intravenous pain medication. He then moved the patient to another room, and reportedly forced her to perform oral sex on him. He reportedly offered to provide her with more pain medication if she would return to see him. Galvin called the patient a few days later attempting to see her again. She provided his cell phone number to police, who traced it back to him.

While this was going on, Galvin came into contact with another female emergency room patient who complained of an infection. Galvin gave her injections into her buttocks, but also told the patient he needed to examine her vagina. While doing so, he reportedly inserted his finger into her rectum. The woman immediately reported the event to a nursing supervisor. Galvin reportedly apologized for perhaps accidentally brushing up against the woman while checking her bandages. However, the woman's bandages were just below hip level...

Apparently, the hospital has now suspended Nurse Galvin.

It will be interesting to see how this case develops. The piece does not say how long Mr. Galvin worked at ORMC, but if these allegations are true, it would be unusual in my experence handling Florida sexual abuse cases that these incidents would be isolated.

I wonder how much background checking ORMC did regarding Nurse Galvin. I also wonder if there was negligence in the overall supervision of Nurse Galvin in the emergency room and with patients. We will have to keep an eye out for new developments on this case.

If you have any questions regarding a sexual abuse situation, call Winter Park personal injury lawyer Kim Cullen at 407-254-4901.

Two Die In Interstate 4 Motorcycle Hit-and-Run Accident Near Deland | Orlando Accident Attorney

Sun, 16 Oct 2011 08:00:00 EST

The Orlando Sentinel is reporting the tragic deaths of two Sanford residents in a senseless accident that occurred on Interstate 4 early Sunday morning outside of Deland.

According to the Florida Highway Patrol, a man and woman from Sanford were headed away from the Daytona Beach area on I-4 when their motorcycle was reportedly struck from behind by a Ford Explorer. The collision caused the motorcycle to overturn, throwing both riders off of the bike. In what must have been a horrifying scene, each of the motorcyclists were run over by vehicle also traveling westbound on I-4. For whatever reason, the Ford Explorer flead the scene of the crash and disappeared.

Apparently, the Explorer was found later in Sanford, and a person of interest was taken into custody.

My heart certainly goes out to the families of both motorcyclists. As an Orlando accident attorney who regularly handles motorcycle accident cases, I have seen far two many motorcycle-related tragedies like this one. The hit-and-run character of this one probably makes it worse.

Because the Explorer driver left the scene of a crash where people were obviously very seriously injured, my first suspicion is that the driver may have been impaired by drugs or alcohol and was afraid to get into trouble. My second suspicion/fear is that the driver left the scene because he or she did not carry insurance and did not want to be personally responsible for the serious damages he or she caused. Either way, leaving the scene of a crash with serious injuries or deaths means the Explorer driver is headed for serious problems.

I believe that families involved in cases like this deserve closure and justice. This is why I am keeping my fingers crossed that the motorcylists carried Uninsured/Underinsured motorcyclist coverage. I recently ecorded a short video about valuable motorcycle insurance:

For answers to questions about your rights after a motorcycle accident, call Winter Park personal injury lawyer Kim Cullen at 407-254-4901. There is no charge and no commitment to call and ask questions.

Dew On Windshield No Excuse For Hitting Teen Pedestrian

Sat, 15 Oct 2011 08:00:00 EST

Several Central Florida media outlets are reporting that a teenager was hit this morning in Sanford in an automobile versus pedestrian accident. Apparently Liang Chen, a teenage student in Sanford, was standing at a school bus stop waiting for the bus when he was hit by a car being driven by Robert Dubois, also of Sanford. The boy was rushed from the scene by ambulance and was treated at the hospital for what was thought to be a broken leg.

According to reports, Mr. Dubois claimed that he could not see the child due to dew on his windshield and side windows. As an Orlando accident attorney, this kind of explanation raises several red flags for me. First, if a driver has dew on his windows, in order to operate his car safely he needs to either wipe or clean his windows before leaving his home, or wait for the window defroster to evaporate the dew. This is just plain common sense. Obviously, neither was done in this case.

Second, I am at a loss for how dew on the windshield could cause Mr. Dubois to leave the roadway for enough distance to hit a child waiting at a bus stop. I might be able to understand a collision if the child was crossing the road, but this was not the case here. I'm not sure we'll ever know exactly what happened, but we do know that a child was senselessly injured.

Any readers of this blog will know that Central Florida has witnesses at least 12 students being hit by vehicles heading to or from school so far this year. This is obviously far too many. Drivers in Central Florida need to be on the lookout for children and take more care.

If you have any questions regarding an automobile versus pedestrian accident, or an injury to a child, call Winter Park personal injury lawyer Kim Cullen at 407-254-4901.

Medical Emergency Valid Reason For Serious Daytona Beach Head-On Crash?

Sat, 15 Oct 2011 08:00:00 EST

Fox 35 News in Orlando is reporting a very serious accident in Daytona Beach today that left a total of five people injured -- two of them in critical condition. Apparently, the crash occurred at or near the corner of Beville Road and South Clyde Morris Blvd.

Law enforcement officials say that a white min-van was heading southbound on Clyde Morris when its driver suffered a "medical emergency," causing the van to drift across into the northbound lanes of Clyde Morris. Unfortunately, the van collided head-on with a blue sedan that was loaded with passengers aged from 49 to 8.

Five people were taken from the scene to Halifax Hospital Medical Center -- three of them in serious condition and two in critical condition. We will keep our fingers crossed that these innocent victims in this crash recover from their injuries in due time.

Of course, I have not idea exactly what happened in this Daytona Beach car accident. But as an Orlando accident attorney, I am always cautious when a driver who causes a crash claims that he or she has suffered a medical emergency that contributes to causing the crash. Of course, I have a great deal of sympathy for a driver who truly suffers an unforeseen and unanticipated medical emergency. Sometimes bad things happen that cannot be anticipated.

However, in my experience handling automobile accident cases, many of the drivers who claim "medical emergency" actually have ample reason to anticipate that they will, or may, experience a medical problem while behind the wheel. An example might be a seizure patient who fails to take his anti-seizure medicine before driving, or a diabetic who fails to take care of his blood sugar, or take his insulin. In these kinds of cases we have been able to recover money for our injured clients by proving that these situations are hardly medical "emergencies."

If you have any questions about automobile accidents, or what to do after a car crash, you can call us, or get your FREE copy of an automobile accident book I wrote called Asleep At The Wheel, by visiting www.bestfloridaaccidentbook.com.

Uninsured Motorist Coverage Comes To The Rescue Again | Orlando Accident Attorney

Fri, 14 Oct 2011 08:00:00 EST

This week we were fortunate to be referred a new client from Brevard County. She had been involved in very serious rear-end accident on State Road 528 (also known as the Bee-Line Expressway) as she made her way from Orlando back over to her home on Florida's east coast. The investigating Florida Highway Patrol trooper estimated the negligent driver’s speed to have been 70 mph at the time of impact.

We don’t yet know why this other driver didn’t see our new client’s car stopped in a line of traffic, or why he didn’t slow his vehicle at all before the impact. However, we feel fairly confident in the accuracy of the trooper’s speed estimate after seeing pictures of our new client’s car from the tow yard. I don’t think I’ve ever seen the rear end of a car crushed into such a perfect accordion shape. It was enough to take our breath away. It is truly a blessing that there was nobody seated in the back seat of her car, or we might be talking about a wrongful death situation.

As an Orlando accident attorney, I was disappointed to see the name of the insurance company listed next to the negligent driver’s information. It is a small company who we know rarely writes bodily injury liability coverage, and when it does, the amount is usually insufficient to cover a claim with serious injuries like this one (our client may need a spinal surgery on her neck).

Thank goodness that our client carried Uninsured/Underinsured Motorist coverage. As I have discussed before, in many cases Uninsured/Underinsured Motorist coverage ends up being the only hope that our clients have of making any kind of recovery to satisfy unpaid medical bills, lost wages, and to compensate them for the hardship of being injured, pain and suffering, and inconvenience. As you can see, it really is invaluable coverage to have.

I wrote a book to help folks figure out what to do after an automobile accident. I am giving away copies of the book for FREE while supplies last at www.bestfloridaacidentbook.com.

Should Second Vehicle Been Able To Avoid Downed Pedestrian In Road?

Fri, 14 Oct 2011 08:00:00 EST

The Orlando Sentinel reported a sad story that caught my interest this morning. Apparently, Justino Herrera Beltran was attempting to cross Orange Blossom Trail near Zellwood when he was initially hit by a pickup truck being driven by a man from Eustis. Authorities report that the initial collision occurred at approximately 7:40PM.

Although we obviously don't know exactly what happened, we know that 7:40PM is about dusk this time of year, so it is possible that the pickup driver did not see Mr. Beltran as he tried to cross a fairly undeveloped stretch of U.S. 441.

My concern is over what reportedly happened next. Again, we don't know exactly what happened, but apparently a Michigan man was operating a semi tractor-trailer some distance behind the pickup. Reportedly, the semi driver was also not able to stop his truck and ran over Mr. Beltran a second time. Mr. Beltran tragically died at the scene.

As an Orlando accident attorney, I wonder whether, if Mr. Beltran was still alive after the first impact, the semi driver could potentially be held liable for causing his wrongful death by the second impact. Drivers have an affirmative duty to follow a safe distance behind vehicles in front of them. Commercial drivers have additional safety burdens placed upon them by virtue of their professional driver training and by the size of the vehicles they are operating to give extra distance in front of them. It would seem reasonable that the semi tractor trailer driver should have had enough room to see the commotion in front of him, and to avoid the body lying in the road.

Our thoughts obviously go out to the Herrara Beltran family on their tragic loss. These types of losses are always horrible for family members and other loved ones.

If you have any questions regarding a Florida trucking accident, call Winter Park personal injury lawyer Kim Cullen at 407-254-4901.

What Can Be Done About Hit And Run Drivers In Central Florida? | Orlando Accident Attorney

Thu, 13 Oct 2011 08:00:00 EST

Two stories in our local media (here and here) this week about hit-and-run accidents really have me upset this week. First, there was the story about the 21-year old bicyclist who was left in critical condition after he was hit while trying to cross John Young Parkway Tuesday morning. Although, there were no eyewitnesses, Florida Highway Patrol troopers found a broken headlight and quarter panel from a blue Toyota lying near the roadway.

In an unrelated event that occurred last month, a Seminole County deputy sheriff was driving his unmarked squad car when he slowed to avoid an animal in the road. In the process of doing so, the deputy was rear-ended by a Harley Davidson, sending the motorcyclist sprawling across the trunk of the deputy's vehicle. The impact was so significant that the motorcyclist sustained fractures to both wrists, his pelvis, and other injuries. In a move that defies belief, the deputy drove away from the scene, and later said (when he was being arrested) that he was unaware he had been struck in any fashion.

Is it really likely that a driver who loses the entire front quarter panel of their car after hitting a bicyclist, or a driver who has almost $4,000.00 in damage to their trunk due to a sprawling motorcyclist, could not know that he or she had been involved in a crash? Did these drivers really not have the common decency or humanity to stop and help the injured?

As an Orlando accident attorney, I'm tired of reading stories like these. I believe more should be done to both identify, and to punish, these irresponsible motorists. I believe they should face significant punitive damages in addition to criminal charges.

If you have any questions about a hit-and-run accident call Winter Park personal injury lawyer Kim Cullen at 407-254-4901.

Virginia Motorcyclist Tragically Killed In Osceola Crash | Orlando Accident Attorney

Tue, 11 Oct 2011 08:00:00 EST

The Orlando Sentinel is reporting that a 19-year old motorcyclist from Virginia Beach, Virginia, was involved in a very bad automobile versus motorcycle intersection collision this afternoon in St. Cloud.

Apparently, the biker was crossing southbound lanes of Boggy Creek Road at Borinquen Drive when his motorcycle was hit by a Volkswagen Passat driven by a Kissimmee man.

The motorcyclist was unfortunately thrown from his bike by the collision, and seriously injured. He was taken to Orlando Regional Medical Center where he was later pronounced dead.

While the identity of the motorcyclist has not yet been reported, as an Orlando accident attorney, my heart goes out to his family members over their loss. Although there has been a lot of publicity in Florida with the "Look, Look, and Look Again" campaign, drivers still need to be reminded of the critical importance of looking out for motorcycles.

If you have any questions regarding a Florida motorcycle accident, call Winter Park personal injury lawyer Kim Cullen at 407-254-4901.

Volusia Deserves Kudos For Addressing Student Pedestrian Accident Problem

Mon, 10 Oct 2011 08:00:00 EST

After starting the school year with nine children suffering injuries while making their way to or from school as pedestrians or on bicycles, officials in Volusia have wisely decided to do something about it.

Local 6 is reporting that Volusia County Schools and the Volusia Sheriff's Department are teaming up to boost child education and awareness of the dangers faced by children walking or riding to or from school. Much of the credit for the new program goes to Don Mair, as parent who lost his 12-year old daughter while she was walking home from the school bus stop last year.

County officials admit that budget cuts that have forced them to reduce the number of crossing guards around schools may be contributing to the problem.

The new program has schools and parents focusing on sidewalk and bicycle safety, and particularly when crossing roadways.

As an Orlando accident attorney who has seem more than his fair share of child and pedestrian injuries due to automobiles, I admire what is going on in Volusia County. I hope other Central Florida counties adopt simlar programs. I would also like to see more focus placed on educating drivers about what to look for when they are operating vehicles around schools or in very residential areas.

If you have any questions about a pedestrian versus automobile accident, order a FREE copy of Winter Park personal injury attorney Kim Cullen's Florida accident handbook, Asleep At The Wheel at www.bestfloridaaccidentbook.com.

Distracted Driving Claims Another Life In I-4 Accident In Seminole County

Thu, 06 Oct 2011 08:00:00 EST

The Orlando Sentinel is reporting more details about a horrific Interstate 4 rollover accident that claimed the life of a Lake Wales man and seriously injured two children. Unfortunately, it appears that a distracted driver caused the crash.

According to the Sentinel, the driver, Alejandra Gomez, was involved in a very heated argument with Jesse Torres, of Lake Wales, in the minutes leading up to the crash. Two children, aged 8 and 10, were also in the car. Apparently Ms. Gomez became agitated and began to drive erratically. She lost control of her Pontiac Grand Prix and drove onto the soft shoulder of the road. When she tried to return to the roadway, she over-corrected, causing the vehicle to overturn.

Mr. Torres was tragically pronounced dead at the scene. Ms. Gomez and the two children passengers were admitted to the hospital with serious injuries.

As an Orlando accident attorney, I have been talking a lot over the past couple of years about people being distracted by texting while driving, talking on cell phones, or surfing the internet on their smartphones while driving. While these forms of distracted driving probably get the most headlines, arguing while driving and other forms of significant interaction with passengers while driving is clearly also dangerous to drivers, passengers, and other motorists.

It is really pretty simple: if you are feeling angry or seriously upset at someone, please don't drive.

For answers to questions about distracted driving or other kinds of traffic accidents, get a FREE copy of my book, Asleep At The Wheel, by visiting www.bestfloridaaccidentbook.com

Prospects For Justice Limited in Wrongful Death of 19-Year Old DeLeon Springs Man

Mon, 26 Sep 2011 08:00:00 EST

The Daytona Beach News-Journal is reporting the tragic death of a 19-year old DeLeon Springs man in an automobile versus pedestrian accident that occurred at Hagstrom Road and Highway 17, just outside of Pierson, in Volusia County.

Apparently, the young man from DeLeon Springs had been involved in a previous crash, and was waiting at the crash scene with the other driver for help to arrive. As they waited, the young man either stood or walked on the shoulder of the road.

At about that time, Jaime Rios of Deland, was southbound approaching the scene where both of the previously damaged cars were stopped. For reasons that are still unknown, Mr. Rios apparently could not avoid the young man, struck him with his 1992 Dodge Dakota, and tragically killed him.

To make matters much worse, the News-Journal is reporting that Mr. Rios was driving without a drivers' license. This is not a good sign. Not only is driving without a license obviously illegal, but as an Orlando area accident attorney, it has been my experience that folks who drive without a drivers' license very rarely carry bodily injury liability insurance to compensate the people they injure.

The loss of a young person is always the worst. Our thoughts and prayers go out to the young man's family. I am going to keep my fingers crossed that the young man's family had the foresight to purchase Uninsured/Underinsured Motorist coverage so that some kind of compensation might to had to address the young man's medical bills and other expenses related to this tragedy.

If you have any questions regarding a Florida wrongful death, or Uninsured Motorist benefits, call Winter Park personal injury lawyer Kim Cullen at 407-254-4901.

What Can I Do If A Daycare Worker Drops and Injures My Baby

Wed, 21 Sep 2011 08:00:00 EST

Every day, hardworking people across Florida trust daycare providers to provide a loving and safe environment for their children. However, sometimes day care workers are faced with the task of caring for too many children, or are being asked to do too much.

What happens though when a child is injured or dropped by a daycare worker? If your child is injured at a daycare facility, is the daycare responsible or liable for the injuries and/or medical bills you and your child incur? The answer to that question is "possibly." The personal injury and premises liability laws of Florida control when and to what extent the daycare may be held liable.

If your child's injury was caused by inadequate supervision or an improper or careless act by a daycare employee, the daycare facility will likely be liable for the negligence of the employees' actions during the course and scope of their employment. If your child is injured, you should consider taking the following steps to safeguard your child and any potential claim you might have based upon our experience handling Florida child injury cases:

1. Report the injury to the daycare as soon as you learn about it;
2. Complete a written report (and aske for a copy of it);
3. Contact the Department of Children and Families and let them know about the incident and injuries;
4. Bring your child to the doctor to have his or her injuries evaluated; and
5. Consult with an experienced Florida child injury lawyer.

If the insurance carrier for the daycare facility asks you to provide a sworn statement, or makes an offer to settle your claim with you directly, you may want to consult with an attorney to ensure that you do not waive any of your child's rights or remedies. If you have unanswered questions, contact Orlando area accident attorney Kim Michael Cullen at (407) 254-4901.

Not Sure If Florida Really Has A Pill Mill Problem?

Wed, 21 Sep 2011 08:00:00 EST

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FreeVideoCoding.com

No Charges In Interstate 4 Crash Doesn't Mean No Justice For Survivors

Mon, 19 Sep 2011 08:00:00 EST

I was curious to read a recent Orlando Sentinel story about a horrifying Interstate 4 crash in Polk County that tragically took the life of a 6-year old boy. Apparently, a 2001 Ford pickup being driven by Kenneth Lott, of Lakeland, suffered a front tire blowout on I-4, causing Mr. Lott to lose control of the truck, cross the median, and crash into the driver's side of a family minivan. Tragically, the van driver's stepson, Ethan Roeder, apparently took the brunt of the impact, and was killed. According to the Sentinel, Ethan was about to turn seven years old.

As a parent of four children myself, my sympathies certainly go out to Ethan's family. As a Florida personal injury lawyer who has worked on accident cases over the years with many grieving families, I know that there is no family tragedy worse than the loss of a child.

After reading the story in the Sentinel I was struck by two thoughts. First, the main thrust of the Sentinel story was that no charges would be filed against Mr. Lott. While that fact might be important for criminal law purposes, auto accident victims and their families need to remember that charges to not have to be filed in order to have a viable personal injury or Florida wrongful death claim against a negligent driver. That same is true regarding the issuance of a traffic citation - a traffic citation does not have to be issued against a negligent driver in order for there to be a viable and legitimate personal injury claim.

The other consideration that came to mind after reading this story was that I thought the Florida Department of Transportation had installed barriers in the medians of Florida's interstate highways, so that vehicles can no longer readily cross the median and cause this kind of crash. I would be curious to know why the median barriers did not work in this instance.

If you have any questions regarding a significant Florida car accident or wrongful death claim, call Orlando area accident attorney Kim Cullen at 407-254-4901.

New Technology Confirms Mild Traumatic Brain Injury Can Be Structural

Wed, 14 Sep 2011 08:00:00 EST

Mild traumatic brain injuries (Mild TBI) - often diagnosed after accidents - have long been controversial. Despite the existence of many symptoms of brain injury, patients diagnosed with mild traumatic brain injuries are often doubted - or even accused of faking injuries - because of the absence of positive findings on traditional MRI or CT scans. New research being done on American troops injured in Iraq and Afghanistan now confirms that many of the soldiers with negative MRI's and CT scans, but showing signs of injury, are legitimately and structurally injured.

An article published this summer in the New England Journal of Medicine describes how a special M.R.I. technique called Diffusion Tensor Imaging has been used to confirm structural brain injuries in soldiers who showed definite signs of brain injuries, but had negative traditional scans. Diffusion Tensor Imaging measures the movement of water in nerve fibers in the brain. Abnormal movement of water is suggestive of injury. Interestingly, the study findings also suggest that soldiers who were involved in blast injuries without direct impact to the head, also suffered legitimate brain injuries.

Obviously, these study results are critically important for accident victims - and particularly those involved in Florida car accident cases. Although physicians are becoming better educated and more sensitive to the diagnosis of mild traumatic brain injuries every day, insurance companies and lawyers for defendants continue to dispute the existence of these injuries, and often approach these cases on the basis that claims of brain injury are fraudulent -- particularly those where there is no direct impact to the skull. As an Orlando area accident attorney, I am hopeful that Diffusion Tensor Imaging will help these maligned people convince others of the legitimacy of their injuries, and hopefully receive justice.

If you have any questions regarding a mild traumatic brain injury as a result of an accident, call Winter Park personal injury lawyer Kim Cullen at 407-254-4901.

Does Government Ownership Of School Bus Make Accident Damages Reduced?

Fri, 09 Sep 2011 08:00:00 EST

One of the basic tenants of the American concept of justice is the right for a person to be fairly compensated when someone does something careless that causes injury or damage to someone else. In Florida, this concept of justice disappears in many cases where the government is involved.

The Orlando Sentinel has reported another significant school bus crash. This one occurred yesterday at the intersection of Old Winter Garden Road and Good Homes Road in Orlando. Apparently, Orange County Schools bus driver Joinel Jorcelin ran a red light early yesterday morning in one of the School Board's buses, and crashed into a Kia being driven by Cang Trung, of Orlando. The crash was significant, with Mr. Trung being taken to Orlando Regional Medical Center in critical condition.

Many people do not realize that public entities, such as the Orange County School Board, do not necessarily have to fairly compensate accident victims for the full measure of the damages they cause. Under Florida law, governmental entities enjoy protective caps on damages ($100,000.00 per injury, for now), regardless of how severe the injuries or damages caused by the government. Governmental entities may decide to carry additional insurance, or may decide not to. Either way, injury victims have to hope that governments will voluntarily decide to be fair. If the government does not deal fairly, then accident victims have to go through a number of special procedures just for the chance of recovering more than the cap.

This is why we, as Orlando accident attorneys, are such strong advocates for people to carry as much Uninsured/Underinsured Motorist coverage as they can afford. Underinsured Motorist coverage can be used to pay for damages that exceed the governmental cap. Hopefully, in this case, Cang Trung had plenty of Underinsured Motorist coverage on his Kia, because it sounds like his injuries and damages may exceed the sovereign immunity caps. We are going to keep our fingers crossed from Mr. Trung.

If you have any questions regarding Uninsured Motorist coverage, or bus accident, call Winter Park personal injury lawyer Kim Cullen at 407-254-4901.

Death Of Orlando Rider Reminds Us All To Look Out For Motorcyclists

Mon, 29 Aug 2011 08:00:00 EST

Central Florida experienced another avoidable motorcycle accident tragedy this week when a 50-year old Orlando rider was senselessly killed. According to the Florida Highway Patrol and the Orlando Sentinel, Patti Calvello was riding her motorcycle on Clarcona-Ocoee Road when she slowed for traffic in front of her. At that same time, 24-year old Damien Toler was driving along behind the motorcyclist.

Florida Highway Patrol troopers are not sure exactly why, but apparently Mr. Toler did not notice Ms. Calvello slowing in time and struck the back of her motorcycle. After the impact, physical evidence at the scene indicated that Ms. Calvello's motorcycle was dragged for more than 300 feet.

Our hearts go out to the Calvallo family for their tragic loss. Unfortunately, as an Orlando area accident attorney who handles his fair share of Florida motorcycle accident cases, I have seen far too many instances in Central Florida where drivers fail to see motorcyclists as they safely and legally operate their bikes. The collisions that result are usually catastrophic, and often fatal. We have regularly posted reminders, but these accidents continue to happen.

All Floridians would be well to watch the short video below. It is the best illustration I have seen of what all drivers should be doing (even though it doesn't exactly match what went on here):

If you have any questions following a Florida motorcycle accident, call Winter Park personal injury lawyer Kim Cullen at 407-254-4901.

Lynx Bus Accident On 436 In Winter Park Highlights Hole In PIP Coverage

Sun, 28 Aug 2011 08:00:00 EST

At least nine people were injured in an S.U.V. versus Lynx bus accident that happened at the corner of State Road 436 (Semoran Blvd.) and Banchory Road, in Winter Park, according to Central Florida News 13. Although Florida Highway Patrol troopers did not know the exact cause of the accident, there was a belief that the S.U.V. driver had been driving erratically before the crash.

At least five of the bus riders were taken to the hospital with injuries. I feel bad for folks - not only because they were injured through no fault of their own - but because they are likely going to have run into bigger challenges getting their medical bills paid, than most car accident victims.

As an experienced Orlando accident attorney, I know that people riding on buses and in taxis are generally not entitled to Personal Injury Protection benefits. Personal Injury Protection benefits are generally available to drivers and passengers of automobile to pay for medical bills arising from a car accident. None of the folks on this bus will be able to rely upon this kind of coverage to get their medical bills paid here because of an exclusion woven into Florida PIP policies. Hopefully, these folks will have group health or other coverage that will allow them to get the medical treatment they need. Unfortunately, we see plenty of hard-working people in our practice that do not have the luxury of group health benefits.

If you have any questions about a Florida bus accident, or entitlement to PIP benefits, call Winter Park personal injury lawyer Kim Cullen at 407-254-4901.

Uninsured Motorist Insurance For Motorcycles: No Better Time Than Now

Mon, 22 Aug 2011 08:00:00 EST

We recently met with a potential new client who was badly injured in a motorcycle accident. He was forced to lay his back down by a spare tire that had somehow gotten free from its anchor on the back of a recreational vehicle, and was bouncing down the highway in our motorcyclist's direction. Whether the driver of the RV knew about the accident or not, he didn't stick around to see how bad our potential client's injuries actually were. They were bad -- broken bones, internal injuries, and a head injury -- all because somebody forgot to make sure this spare tire was secure.

At first, we were very skeptical about whether we were going to be able to help this really nice guy. We knew this motorcyclist had big medical bills from his stay in the ICU of the hospital, and we knew we weren't going to be able to identify or track down the RV.

We were really glad to learn that our biker had elected to buy Uninsured Motorist coverage for his motorcycle. Uninsured Motorist (UM) coverage is the coverage that a motorcyclist can buy to protect himself if he is injured by a driver who has no insurance, or cannot be identified. UM acts just like liability coverage would -- if the negligent driver was identifiable or bothered to carry insurance. UM coverage pays not only medical bills, but also lost wages, out-of-pocket expenses, and also intangible damages like pain and suffering, inconvenience, and disability and impairment.

Having seen a lot of these situations over the past 18 years as an Orlando accident attorney, I believe that every motorcyclist should carry UM coverage - and not just any uninsured motorist coverage - I believe that the best protection comes from stacking UM coverage. Stacking coverage allows a motorcyclist to stack his UM coverage with other vehicles in his household to further expand his coverage. It really is the best protection a motorcyclist can have, particularly in these hard economic times when many drivers are electing not to carry liability (or any) insurance on their cars.

If you have any questions regarding a Florida motorcycle accident, or Uninsured motorist coverage for motorcycles, call Orlando motorcyle accident attorney Kim Cullen at 407-254-4901.

For more, check out this video:

Orlando Motorcycle Accident Attorney Says... by cullenlawfirm

Orlando Ranks 2nd Worst In U.S. In Car Accident Deaths

Tue, 16 Aug 2011 08:00:00 EST

According to new research published by Yahoo/CNBC based upon National Highway Traffic and Safety Administration data, Orlando ranks as the second worst city in the United States for wrongful deaths from car accidents. Certainly, this is not an honor that Orlando, wants or needs.

According to the data, in 2010 Orlando had a total automobile-related fatality rate of 19.95 persons per 100,000 population. The only city that was worse was Ft. Lauderdale, Florida, at 22.39. Amazingly, one-third of the cities listed in the top 15 were from the State of Florida, and most of the list was populated by cities in the South.

As an Orlando accident attorney, I know that it is important for Orlando to get off of this list. We can do that best by paying extra special attention to pedestrians (10.9%) of the deaths in Orlando were automobile versus pedestrian accidents.

If you have any questions regarding a Florida car accident or wrongful death, call Orlando accident attorney Kim Cullen for answers at 407-254-4901. There is never a fee for a consultation. Also, pick up a FREE copy of Kim's book, Asleep At The Wheel by visiting http://www.bestfloridaaccidentbook.com.

Four Loko Might Still Be Dangerous Product, Even With New Formulation

Mon, 15 Aug 2011 08:00:00 EST

Last year, the alcohol/energy drink Four Loko made headlines after several people across the U.S. fell prey to alcohol poisoning or wrongful deaths allegedly related to the beverage's combination of high alcohol content and large amounts of caffeine. As a result of public outcry, and a threat by the U.S. government to do something about it, the makers of Four Loko - Phusion Projects - voluntarily agreed to remove the caffeine and other energy components from the product.

However, a new study published in the journal Perspectives on Psychological Science calls into question whether Four Loko is any safer - even with its new formulation. According to Shepard Siegel, University Professor of Health Sciences at McMaster University, it is the phenomenon of situational specificity of tolerance that makes Four Loko such a dangerous product.

Situational specificity of tolerance implies that an intoxicant that is administered in a way unanticipated by the body will have a more intoxicating effect than an intoxicant delivered in a way that the body is used to. For example, people who drink alcohol are generally accustomed to tasting it in a beverage like beer, wine, or a cocktail. Over time, they develop a physical and psychological tolerance to alcohol delivered in those ways. Siegel's results suggest that when alcohol is delivered in an unfamiliar manner (such as in an extremely sweet, fruity beverage) the intoxicating effects of the alcohol are magnified.

Even in its new formulation with energy additives, Four Loko still boasts a 12% alcohol content - higher than beer or wine. As an Orlando accident attorney, I have been concerned about the safety for Four Loko for a long time. I continue to believe that it is a dangerous product, even under its current formulation.

If you have any questions about an accident or injury related to the consumption of Four Loko, feel free to call Orlando personal injury lawyer Kim Cullen at 407-254-4901.

Could Kirkman Nightclub Have Kept 20-year Old Man From Being Shot, Killed?

Tue, 09 Aug 2011 08:00:00 EST

I was sad to read this piece on the Newschannel 2 website reporting the death of a 20-year old Orlando man after being shot and killed in a local nightclub parking lot. The man -- who remains unidentified -- apparently received a gunshot and died in the parking lot of the Legacy Ultra Lounge, near the intersection of Kirkman Road and Colonial Drive in Orlando.

Unfortunately, this kind of event hits kind of close-to-home for our law firm. A couple of years ago we represented a nice young man who was shot while a patron of the Oasis Night Club -- which is located approximately one block away from the Legacy Ultra Lounge in the Pine Hills area. Our former client was not the only person shot at the Oasis. At least one person was killed there before our client, and two or three have been shot and killed there since our client's shooting. Plainly, both of these clubs are in a dangerous area.

As an Orlando accident attorney, the question is "What are these nightclubs going to do about it?" Florida law requires businesses who know or should know that their locations are frequently the scene of violence or crimes to take reasonable steps to provide security or safety to their patrons. Businesses who do not take these measures can be liable for a negligent security claim.

It will be interesting to see if the media reports further on this shooting incident at the Legacy Ultra Lounge. I would be curious to know what kind of security presence was in place, whether there were armed or uniformed personnel, and whether there were security cameras or other measures in place.

If you have any questions about negligent security claims, please call Orlando negligent security lawyer Kim Cullen at 407-254-4901.

Pedestrian Killed By Drunk Driver Entitled To Benefits, Maybe Punitives

Mon, 01 Aug 2011 08:00:00 EST

I was so saddened to read a piece in the Orlando Sentinel and other local media outlets (here and here) about a tragic pedestrian wrongful death, caused by a drunk driver. Apparently 22-year old Daniel Byron was crossing Highway A1A (North Atlantic Avenue) at First Street North in Daytona Beach when he was hit by Justin Burson, of Kissimmee. Mr. Byron was badly injured at the scene, was taken to Cape Canaveral Hospital, and later died there. Mr. Burson apparently left the scene of the impact, but was later apprehended and determined to have been under the influence of alcohol at the time of the crash.

First, our hearts go out to Mr. Byron's family. Twenty-two years old is awfully young - far too young to die so prematurely in a crash like one. As we all know, drunk driving crashes are rarely purely accidental. The drunk driver has almost always made several horrible choices leading up to the horribly destructive crash. In Florida, horrible choices like these expose drunk drivers to punitive damages. Punitive damages are those damage designed to punish the wrong-doer, and not necessarily compensate the injured person or his or her surviving family. It will be interesting to see whether Mr. Burson ever faces punitive damages for his actions here.

As an Orlando accident attorney, I know that Mr. Byron's family now faces a host of potentially confusing insurance issues. First, Mr. Byron's family may be entitled to a death benefit under his own automobile insurance coverage (if he had a vehicle), pursuant to the Personal Injury Protection provision, in order to pay any outstanding medical bills or funeral expenses. His family may also have a claim against Mr. Burson's bodily injury liability coverage - if Mr. Burson carried any. Finally, Mr. Byron's family may be entitled to Uninsured/Underinsured Motorist benefits under his own policy of insurance. Uninsured Motorist coverage steps into the shows of an uninsured negligent driver.

Hopefully Mr. Byron's family will know to ask the right questions of the insurance companies involved, so that they do not forfeit any of the benefits they are entitled to. If not, I hope they find an attorney who is experienced in handling wrongful death claims and insurance disputes.

For answers to questions about a Florida car accident or Florida automobile insurance issues, or for information about what to ask an attorney before hiring one to handle a personal injury case, call Orlando accident lawyer Kim Cullen at 407-254-4901, or order a FREE copy of Kim's book, Asleep At The Wheel at www.bestfloridaaccidentbook.com.

Giving Keys To 11-year Old Provides Classic Example Of Negligent Entrustment

Thu, 28 Jul 2011 08:00:00 EST

After returning from a much-needed vacation, a read an amusing (and at the same time, somewhat sad) article in the Orlando Sentinel that gives me a chance to illustrate how a claim for negligent entrustment of a motor vehicle works.

Apparently, a 37-year old man in Brandon was out to dinner with his girlfriend and her 11-year old daughter. We don't know how the group got to dinner, but we know that the man had at least one glass of wine with dinner, and also that he had a suspended drivers license.

At some point, the man apparently decided it would be a good idea to entrust the operation of his motor vehicle to the 11-year old girl. He gave her the keys, allowed her to climb behind the wheel, and then allowed her to drive the vehicle through Brandon. We don't know how far this 11-year old young lady travelled, but we know that she ultimately crashed the vehicle into a church building. Luckily nobody was injured.

A claim for negligent entrustment arises when the owner of a vehicle allows someone to operate his or her vehicle that they know or should know would pose a danger to others. Obviously, this one is a no-brainer as far as negligent entrustment goes. Not only was the 11-year old unlicensed, but she probably could barely see over the steering wheel. She was also highly inexperienced.

If you have any questions about a car crash involving a vehicle that has been negligently entrusted to a negligent driver, call Orlando accident attorney Kim Cullen at 407-254-4901, or order a FREE copy of Kim's book, Asleep At The Wheel.

Slow-Moving Tractor Poses Danger To Motorcycle On Melbourne Highway

Wed, 27 Jul 2011 08:00:00 EST

A piece on the local Channel 5 website highlights a frequent hazard faced by motorcyclists on the roads of Central Florida, and unfortunately contributes to many serious motorcycle accidents.

A 19-year old former high school football player was tragically killed on U.S. HIghway 1 in Melbourne when he could not avoid a tractor that was trying to change lanes and barely moving. Several eyewitnesses apparently reported that the motorcycle was moving at a high rate of speed, but media reports did not indicate whether the motorcycle was travelling faster than the posted speed limit.

As an Orlando accident attorney, I have seen more than my fair share of tragic wrongful deaths from motorcycle accidents. Many of these motorcycle crashes occur as a result of motorists (or in this case, a tractor operator) pulling into traffic or changing lanes directly into the path of a motorcyclists.

While there seems to be a first impulse to blame motorcyclists for these kinds of accidents, many times there is little a motorcyclist can do -- regardless of the speed they are traveling.

For answers to questions about serious motorcycle accidents, call Orlando motorcycle accident attorney Kim Cullen at 407-254-4901.

5 Great Pool Safety Tips To Help Avoid Children From Drowning

Wed, 13 Jul 2011 08:00:00 EST

Today I read another tragic article about a two-year old boy from New Port Richey who drowned virtually under his mother's very nose. While the mother napped, the boy somehow got out of the home's sliding glass door, and made his way into the pool.

Unfortunately, in Florida we read at least one story like this every week each summer. As an Orlando accident attorney, I often become involved in these matters when the person who lost track of the drowned child was a babysitter, caretaker, or some kind of organization. One can imagine that there is nothing worse then sitting with grieving parents discussing how easy it would have been for someone to lock or safety bolt a sliding glass door.

The real tragedy in these cases is the fact that these drowning incidents can be so easily prevented. Here are some quick and easy safety tips to consider whenever you are going to mix children and pools:

Keep a close eye on children in any pool area -- as well as in or around any buildings adjacent to a pool area.
Instruct (and remind) kids that they are never to go near a swimming pool unless they have an adult with them and supervising them.
When a child is in a building adjacent or near a pool, all exterior doors must be closed, locked, and preferably, child-proofed.
Make sure your children have at least some basic level of swimming lessons or training. Even infants can be taught to float on thier backs for short periods of time.
When you are finished in the pool, make sure you pull out all of the pool toys and anything else that might be attractive to a young child.

If we all follow these safety tips hopefully we can avoid the gut-wrenching tragedy that accompanies the wrongful death of a child.

If you have any questions regarding pool safety or an accident involving negligent supervision of a child in a pool area, you can always call Orlando personal injury attorney Kim Cullen at 407-254-4901.

Should Texting And Other Distracted Driving Be Treated Like DUI?

Tue, 28 Jun 2011 08:00:00 EST

The Chairwoman of the National Transportation and Safety Board, Deborah Hersman, said in a meeting earlier this week that she believes distracted driving is becoming "the new DUI" and that distracted driving will soon reach epidemic proportions.

As a Winter Park accident attorney, I have been thinking about this issue for awhile. Over the last few years of talking to clients after Florida car accidents it has become clear that distracted driving has become a serious problem -- and I have blogged and produced videos about it. Whether they are texting while driving, answering emails while driving, or even surfing the internet while driving, it is clear that many people operating cars do not have the act of driving as the foremost thing in their minds.

For seemingly political reasons, many states, including Florida, seem reluctant to pass laws against this kind of distracted driving activity. Many political leaders believe that the laws that apply to careless driving are strong enough to discourage distracted driving.

My experience handling Florida personal injury cases makes me doubt this. This is why I am joining with many of my personal injury lawyer colleagues and seeking punitive damages in many of my cases involving texting while driving or other distracted driving behaviors. We do this routinely in cases involving drunk driving or driving under the influence. It makes sense to me to treat people who are willfully creating a dangerous situation for others by texting, the same way as we do drinkers.

If you have any questions regarding your legal rights in a Florida car accident involving texting while driving or other distracted driving, give Winter Park attorney Kim Michael Cullen a call at 407-254-4901. Or you can learn more by order your free copy of KIm's book Asleep At the Wheel, by clicking here.

Man Dies After Pit Bulls Dismember Him In Vicious Attack

Tue, 21 Jun 2011 08:00:00 EST

Channel 6 in Orlando is reporting the tragic death of a Hawthorne, Florida man who died after being attacked by two pit bulls while he worked in the fenced yard around his home. Apparently, the two dogs escaped from the yard of the man's next door neighbor and somehow made their way into his fenced yard.

What struck me was the particularly violent nature of this attack. The dogs apparent pulled the victim's right arm off of his body, and tore off much of his left arm. Additionally, the dogs mauled the gentleman's face. The victim lost so much blood that he suffered brain damage. He was taken to Shands Hospital in Gainesville, where he later succumbed to his injuries.

As a Winter Park dog bite attorney, and life-long owner of dogs myself, I know that it is not always fair to stereotype a breed of dogs. However, after representing victims of vicious dog attacks over the last 18 years, I can say from personal experience that we see more attacks, and more serious injuries, from pit bulls than from any other dog breed.

If you have any questions about dog bites or dog attack claims, give us a call at 407-254-4901.

Drunk Woman Drives Over Boyfriend and Motorcycle In Tragic Winter Park Crash

Mon, 20 Jun 2011 08:00:00 EST

As most readers of this blog know, I write a lot about the dangers of drunk driving (here and here). As a Winter Park accident attorney, I have seen more of my fair share of lives destroyed by drivers who insist upon driving while intoxicated or under the influence of alcohol.

However, I have rarely seen a situation more tragic than the one that I read about that happened last week here in Winter Park. Apparently, a 25-year old Orlando woman was following her 20-year old boyfriend home after a night of drinking at the Hideway Bar on Virginia Avenue in Orlando. She was in her car, and her boyfriend was riding his motorcycle in front of her as they travelled northbound on Lakemont Avenue in front of Lakemont Elementary School.

Although investigators aren't sure how it happened, the intoxicated woman somehow hit and ran over her boyfriend and his motorcycle, unfortunately killing him. The woman was so intoxicated she drove at least two blocks after the impact without realizing that her boyfriend and his motorcycle were no longer in front of her.

It is my understanding that the driver has now been charged DUI manslaughter.

Obviously, our hearts go out to the young man who lost his life in this incident. Hopefully, this tragedy will serve as a reminder to anybody who considers driving under the influence of alcohol. If someone had called a taxi for these young people, they might have shrugged off a night of heavy drinking and might still be planning a life together. Unfortunately, neither of them will ever get to enjoy such a life.

If you have any questions about drunk driving car accidents, or the dangers of driving under the influence of alcohol, do not hesitate to call Winter Park car accident attorney Kim Cullen at 407-254-4901, or click on the title to get a free copy of his book, Asleep At The Wheel: 13 Mistakes the Insurance Company Desperately Hope You Will Make After Your Florida Car Accident.

Drunk Driver In Downtown Orlando Liable For Injuries From Fallen Tree

Mon, 30 May 2011 08:00:00 EST

Last weekend, a 28-year old Winter Park woman caused an accident and factual scenarior that imght someday end up as a law school exam question.

According to the Orlando Sentinel, the woman was driving her Honda CRV south on Orange Avenue in downtown Orlando, when she attempted to make a turn on to Church Street. Somehow, she struck a concrete median which caused her vehicle to flip and strike a tree. The vehicle struck the tree at such a high rate of speed, that it caused the tree to fall and violently hit a pedestrian on the head.

Orlando police arrived on the scene, and ultimately charged the Winter Park woman with driving under the influence of alcohol. According to the Sentinel, the woman was later determined to have a blood alcohol level of .146 - almost two times the legal limit.

As a Winter Park personal injury law firm, we have represented many pedestrians who have been hit by cars - but I can't remember ever representing someone who has been hit by a tree under these circumstances. In this instance, many people might be surprised that the driver's bodily injury liability automobile insurance coverage will cover the pedestrian's injuries from the fallen tree. In addition, the driver's property damage insurance coverage will cover the cost of replacing the fallen tree. Lastly, in the event that the pedestrian did not own a motor vehicle of her own, the drunk driver's Personal Injury Protection coverage might be called upon to pay the majority of pedestrian's initial medical expenses.

Let's face it, automobile insurance is a stale subject for most people. In addition, Florida auto insurance policies can be really confusing if you don't read them every day. Many consumers wind up with unpaid bills, and out-of-pocket losses because they simply don't realize they are entitled to insurance benefits under different provisions of coverage.

We regularly answer insurance questions for free. If you have any questions about Florida automobile insurance, call Winter Park car accident attorney Kim Michael Cullen at 407-254-4901.

Orlando Walmart Accident An Important Reminder To Drivers To Look Both Ways

Sun, 29 May 2011 08:00:00 EST

The Orlando Sentinel recently reported a tragic Orlando car accident involving one woman from Orlando, and another woman from Ocoee.

A 26-year old Orlando woman was apparently trying to make a left-hand turn out of the parking lot of the Walmart store located on Turkey Lake Road in Orlando. Unfortunately, she pulled her vehicle directly into the path of a 2002 Chevrolet Suburban driven by a 37-year old Ocoee woman. Apparently, there was a horrible collision which resulted in one death and serious injuries to the other woman.

Our hearts go out to the families of both women. As a Winter Park personal injury law firm, we have seen more than our fair share of wrongful deaths and serious personal injuries. We know that, in most cases, serious accidents could have been avoided if a driver had only taken an additional moment to take a second look before pulling out into traffic. One extra glance costs so little time, and can be the difference between a horrific crash and a safe trip home.

So the next time you are pulling out of a parking lot - in Central Florida, or anywhere else - don't forget to take a good long look both ways.

If you have any questions about how to avoid a car crash, or what to do after an automobile accident, call Winter Park accident attorney Kim Cullen at 407-254-4901.

Orlando Ranked As Most Dangerous City For Pedestrians In U.S.

Fri, 27 May 2011 08:00:00 EST

A new study published by Transporation America reveals that the Orlando/Kissimmee metropolitan area ranked as the most dangerous place for pedestrians in the entire United States -- closely followed by the Tampa Bay area.

Based upon publicly available data, there were 557 deaths resulting from pedestrians being hit by automobile or trucks in the Orlando/Kissimmee area between 2000 and 2009. The Central Florida area averaged three automobile versus pedestrian deaths for every 100,000 residents in the area each year.

The study faults poor road planning for many of the deaths. According to Transportation America, pedestrians in Central Florida face too many roads that do not have sidewalks, and roads that are primarily designed to increase the speed of motor vehicles, rather than increasing the safety of pedestrians.

As a Winter Park personal injury lawyer who represents pedestrians who have been hit, and the families of pedestrians who have been killed, by automobiles, it seems to me that the safety of pedestrians has been ignored for too long.

If you are curious as to how safe your area is for pedestrians, check out the very cool interactive map here.

If you have any questions regarding a pedestrian versus automobile accident, call Winter Park automobile accident lawyer Kim Cullen at 407-254-4901.

Death Of Ejected Child Highlights Importance of Seat Belts For All Ages

Thu, 26 May 2011 08:00:00 EST

Several Central Florida media outlets are reporting the death of a nine-year old child as a result of injuries he suffered when he was ejected from an S.U.V. on the Beachline Expressay, also known as State Road 528, in Orlando.

According to the Florida Highway Patrol, the child was riding with several other children and adults in an S.U.V. when the vehicle was involved in a one-vehicle rollover accident. According to FHP, the driver of the vehicle, Maria Dolores Cot, overcorrected due to traffic slowing in front of her.

Four adults in the vehicle were injured. Several of the adults and children were not wearing seat belts or shoulder harnesses.

The simple fact is: seat belt use can save lives -- not every time, but many times. There is nothing more tragic than the loss of child's life. This story should serve as a reminder that it only takes a moment to make sure that kids are buckled in. That one moment can save a life of heartache.

The Click It or Ticket campaign designed to encourage seat belt use runs until June 5, 2011.

If you have questions regarding a significant car crash, call Winter Park accident attorney Kim Cullen at 407-254-4901.

Dubious Lake Mary Lawsuit Brought Against Winn Dixie Over Rose Thorns

Thu, 26 May 2011 08:00:00 EST

I have to admit that I was bothered when I recently became aware (via the Orlando Sentinel) of a local lawsuit filed in Seminole County Circuit Court against a Lake Mary Winn Dixie and a flower importer by a man who was pricked by a rose he purchased at Winn Dixie.

The lawsuit was filed by an Altamonte Springs lawyer named Paul Thompson. According to the newspaper story, Mr. Thompson's client is claiming that he developed some kind of infection as a result of the rose thorn prick, and that the flower importer should have smoothed the flower's stem, and treated the flower or its soaking water in some kind of ant-bacterial solution.

First, I should say that I sympathize with Mr. Thompson's client. Regardless of how they happen serious infections are not to be taken lightly. With the proliferation of resistant bacteria, infections -- from whatever source -- have to be taken seriously. However, it is very difficult to pinpoint the source of bacteria or an infection.

As I have previously posted, questionable or frivilous lawsuits are a serious threat to our livelihoods as personal injury lawyers. They also place our clients' continuing access to courts in jeopardy. When people hear or read about lawsuits that sound suspicious or incredible, their attitude about personal injury cases in general tends to become more jaded and skeptical. They become less willing to believe that our court system should be used to settle disputes regarding legitimate injuries.

Nobody dislikes frivilous or questionable lawsuits more than experienced personal injury lawyers, and their truly injured clients.

Personally, and for the good of the profession and our injured clients, I hope there is more to story than was reported in the Sentinel. I hope that Mr. Thompson has found some kind of credible and highly-respected expert who will prove that the Winn Dixie and the flower importer did something that was completely careless that led directly to this man's infection. Without some strong evidence like that, it is my personal opinion that Mr. Thompson's case might be in trouble.

If you have questions regarding a legitimate personal injury case with significant injuries, call Winter Park accident attorney Kim Cullen at 407-254-4901.

Cover Up Of Child Sexual Abuse By Sanford Mission Almost Worse Than Abuse Itself

Thu, 12 May 2011 08:00:00 EST

I read with interest the recent media reporting of a child sexual abuse lawsuit filed by a former child member of New Tribes Mission, a missionary organization based in nearby Sanford, Florida. According to the reporting, as well as the Complaint filed in Seminole County Circuit Court, a woman is claiming that she was repeatedly sexually abused by a male Mission dormitory worker while she and her parents were on a nine-year mission trip in the Philippines.

According to the lawsuit, the abuse was not limited solely to the Plaintiff. The perpetrator "Dorm Dad" is said to have admitted to abusing up to 23 other children during his tenure.

While all of this information is certainly bad enough on its own, probably the worst aspect of the case is the fact that New Tribes Mission apparently elected not to report any of the abuse to Philippines law enforcement authorities. Furthermore, in an action somewhat reminiscent of the Catholic Church priest scandal, instead of firing the "Dorm Dad" or turning him over to authorities, the New Tribes Mission is said to have reassigned him to a mission office in Virginia.

Apparently, the allegations of child sexual abuse in the Philippines are only the tip of the iceberg, as an internal investigation of New Tribes Mission's work in Senegal revealed that child sexual abuse was rampant within the mission there.

As an Orlando child sex abuse lawyer, it is my opinion that the cover up in situations like this one is almost as injurious to the abused children as the original acts of abuse are. According to expert psychologists who have treated former clients of mine, and who are nationally-recognized in this field, it is the violation of trust that is the most significant harm in these cases. Failure of these organizations and their people to accept responsibility and to get these damaged children the help they need right away, only aggravates that violation of trust and adds insult to injury.

If you have any questions about child sexual abuse cases, call Orlando accident attorney Kim Michael Cullen at 407-254-4901.

Orlando Apartment Complex Might Avoid Responsibility For Maintenance Man Accused of Rape

Tue, 10 May 2011 08:00:00 EST

Several Central Florida media outlets are reporting about an alleged rape of a southeast Orlando apartment resident by an apartment complex maintenance man. According to reports, the attack occurred at the Dovetail Apartments off of Curry Ford Road in Orlando.

The alleged victim had just moved in with a friend, and had arrived at home to find that she was locked out of her apartment. She found the complex's maintenance man, who let her into the apartment and then allegedly sexually attacked her. The victim alleged that the maintenance man told her that she owed him because he could have lost his job for letting her into an apartment where she was not on the written lease. According to reports, the maintenance man has admitted that he consumed alcohol and cocaine before the interaction, but insists that the sex was consensual.

It will be interesting to see how this case plays out. Obviously, we don't yet know exactly what happened, but we do know that an apartment resident or guest should not have to worry about being attacked by an employee of the apartment complex.

Businesses in general -- and especially apartment complexes and other similar businesses where employees might have access to peoples' private areas and property -- have a duty to make sure they are not placing dangerous persons in positions where they can harm patrons/residents. Businesses have affirmative duties to background check, and then monitor their employees after hiring.

As an experienced Orlando sexual abuse attorney, it occurs to me that the Dovetail Apartments should be prepared to prove that it did a thorough background check, and should also be prepared to explain how closely it was monitoring its employee during his employment.

If you have any questions regarding an attack by a business employee, call Orlando accident attorney Kim Michael Cullen at 407-254-4901.

Good News For Florida Homeowners With Chinese Drywall Problems

Mon, 09 May 2011 08:00:00 EST

According to this piece on the Fox News Orlando, a judge in Hillsborough County, Florida, has ruled that standard homeowners insurance should cover damage to a home caused by defective Chinese Drywall. This is an important ruling because homeowners who are experiencing all of the problems associated the Chinese drywall -- fumes, mold, illness -- are having a nearly impossible time getting the Chinese drywall manufacturers to compensate them.

In Tampa, Teachers Insurance Co. had argued that its policy's wear and tear, and defective building materials exclusions should apply, and that the homeowner should not get the benefit of insurance coverage. Additionally, the Court determined that the off-gassing caused by the defective drywall constituted smoke under the policy language, and decided that the insurance policy should pay.

While this is good news in the short term, as an experienced Orlando insurance dispute lawyer, I would not be at all surprised to see this trial judge's decision appealed to the Second District Court of Appeals, where I predict that coverage will ultimately be defeated.

If you have any questions about Chinese drywall, or homeowners insurance coverage, call Orlando accident attorney Kim Michael Cullen at 407-254-4901.

Tragedy Strikes Cocoa Motorcyclists in Kissimmee Crash

Sun, 03 Apr 2011 08:00:00 EST

The Orlando Sentinel reported today about the tragic wrongful deaths of two Cocoa motorcyclists in a crash that occurred at the intersection of U.S. Highway 192 and Nova Road in Osceola County. According to Florida Highway Patrol accident investigators, the motorcyclists were a husband and wife travelling eastbound on Highway 192. Apparently, the other driver was in a pickup and claimed to have stopped at a stop sign, and then proceeded to try a left hand turn. The pickup pulled directly into the path of the motorcycle, and both riders were killed.

As an Orlando personal injury lawyer, and someone who has handled my fair share of motorcycle accident cases, I can tell you that this story is all too familiar. I have been preaching on this website, on my blog, and through all of our social media channels, that drivers need to take care to look for motorcyclists.

After reading this story, I was reminded of the most powerful video I have ever seen to encourage looking not once -- but twice:

If you have any questions regarding a Florida motorcycle accident, call Orlando personal injury lawyer Kim Cullen at 407-254-4901.

Movie Star Lawsuit Shows Even Powerful Can Be Victims Of Bad Insurance Advice

Wed, 23 Mar 2011 08:00:00 EST

I was very surprised to read on the Insurance Journal website that mega-star Tom Hanks, and his accomplished actress wife, Rita Wilson, have filed suit against their former insurance broker. Apparently, the Hankses had done business with an insurance agency called the J.B. Goldman Insurane Agency for over 20 years, until recently making a change.

The Hanks lawsuit alleges that when the Hankses changed insurance agents last month, their new agent discovered that they had been overcharged for coverage for years, and had been sold multiple policies that duplicated coverage they already had. Many people do not realize that their insurance agent may owe them a solemn,fiduciary duty to help them pick the correct coverages. If insurance agents don't fulfill this duty, they may be liable if the insured finds himself without the insurance he thought he had or should have had.

While the facts of the case will surely be more fully fleshed out in discovery, it struck me just how uninformed, and therefore vulnerable, most consumers are when it comes to insurance. If powerful multi-millionaires like the Hankses can be led astray about their insurance coverages, there is no question that a "regular" consumer should be cautious and should make sure they understand what they are buying.

Obviously, the Hankses had sufficient financial capability to hire the best and the brightest advisors to help them analyze their insurance needs, or to check over what their insurance agent was recommending. Consumers in Central Florida don't need to be rich to get help buying insurance.

As an Orlando accident attorney, my staff and I are happy to look over your insurance policy and let you know what we think. The best part is that we will review your policy for FREE.

If you have any questions regarding automobile coverage, you should order a FREE copy of my book, Asleep At The Wheel -- 13 Mistakes The Insurance Company Desperately Hope You Will Make After Your Florida Car Accident, which answers loads of questions about car insurance.

If you have any questions regarding insurance coverage, call Orlando personal injury attorney Kim Cullen at 407-254-4901.

Rear-Facing Car Seats Safer For Even Big Kids In Car Accidents

Mon, 21 Mar 2011 08:00:00 EST

The New York Times is reporting on a new policy statement issued by the American Academy of Pediatrics dealing the child car seats. Based upon a University of Virginia study, the AAP now recommends that children stay in rear-facing car seats as long as possible.

Previously, the AAP had okayed moving kids to forward-facing seats at approximately 12 months of age. However, scientific research indicates that keeping his rear-facing is much safer -- particularly with regard to head and neck injuries.

The good news for parents is that many car seat manufacturers are beginning to make rear-facing seats for larger kids -- even up to 45 lbs.

The New York Times story even referenced a story about a family involved in a signficiant rollover accident on I-95. The family's minivan was found upside down, with the parents still strapped into their seatbelts, and the family's three children still strapped in their rear-facing car seats. The E.M.T.'s on the scene told the family that the children would not have been alive if they had been in forward-facing child car seats.

If you have any questions regarding an Orlando car accident, call Orlando personal injury attorney Kim Cullen at 407-254-4901/

Feds Poised To Attack Pill Mills When Rick Scott And Florida Won't

Thu, 17 Mar 2011 08:00:00 EST

I was pleased to read a report in the Orlando Sentinel that U.S. Representative Vern Buchanan, from Sarasota, has sponsored a bill in the United States Congress called "The Pill Mill Crackdown Act of 2011." The bill is receiving bi-partisan support from much of the Florida delegation, including local Representatives John Mica and Corrine Brown. Unlike Florida's leadership back here at home in Tallahassee, these folks in D.C. see a serious problem with Florida's pill mill/pain management industry, and aim to do something about it.

Frequent visitors to this blog know that I have been posting about this issue for long time. Since taking office, Governor Rick Scott has seemed disinterested, and almost hostile, to this issue of stopping pill mills and the prescription death overdose scourge that follows them. He has indicated that he wants to kill a prescription drug monitoring program that was to be paid for by grant and research monies, and would not cost the State of Florida one penny. Meanwhile, experts on stopping prescription drug abuse and pill mills say that drug monitoring programs are the most effective way to fight pill mills.

The proposed federal legislation provides support for state-based monitoring programs like the one Governor Scott wants to kill. The program would be paid for largely from funds seized from illegal drug operations. Under the federal program, if Florida will share the data in a drug monitoring program with other states, Florida can get additional matching grant funds to sustain its program. Additionally, it would reclassify several powerful pain drugs, making them more difficult for patients - and others - to obtain.

As an Orlando prescription drug overdose attorney, I think our federal Representatives deserve kudos for doing the work that our Tallahassee representatives seem unwilling to do in order to make Florida a safer place. If we can save even one person from a wrongful death, the effort seems worth it.

If you have any questions about pill mills or a wrongful death as a result of a prescription drug overdose please call Orlando accident attorney Kim Michael Cullen at 407-254-4901.

Seminole Casualty and AequiCap Insurance Face Insolvency

Mon, 14 Mar 2011 08:00:00 EST

The Insurance Journal is reporting that the State of Florida is taking insolvency action against two South Florida insurance companies. The State has suspended the license of Seminole Casualty Ins. Co. to do business in Florida, and has moved AequiCap Insurance Co. into liquidation.

AequiCap, based in Ft. Lauderdale, was originally taken over the State last month when its books showed that its liabilities were more than its assets. AequiCap primarily provides Workers' Compensation coverage, but also wrote a small number of commercial automobile policies. Apparently, the State is attempting the sell AequiCap's existing policies to another insurance company.

Seminole Casualty is an automobile insurance company based in Sunrise, Florida. State officials discovered that Seminole Casualty had $25.8 million in assets, but over $31 million in liabilities. As a result, the State took Seminole Casualty's license. The company must somehow generate at least $5 milliion in capital, or face liquidation.

There was no mention in the story regarding how these companies found themselves owing more money than they had in assets -- whether is was due to mismanagement, bad investments, or the like. There was also no mention regarding what kind of salaries or benefit packages company executives enjoyed while their companies continued to veer toward insolvency.

If you have any questions regarding automobile insurance, call Orlando accident attorney Kim Cullen at 407-254-4901.

Pinellas Judge Slams Debt Collector For Facebook Harassment

Wed, 09 Mar 2011 08:00:00 EST

You might be wondering why an Orlando accident attorney might be blogging about a recent court ruling that seemingly has nothing to do with an accident, a personal injury, or money damages. Just stay with me...

I was very interested to read here and here about a new ruling from a Pinellas County judge dealing with a debt collector from Jacksonville that was using the social media website Facebook to contact a debtor, as well as her family and friends, and bother them about her unpaid debt. The judge (quite rightly, in my opinion) ruled that such behavior by a bill collector amounts to harassment - which violates Florida's consumer protection laws.

Apparently, the collector was also contacting the woman six to ten times per day at work, sending text messages to her cell phone, speaking to her neighbors about her, and sending couriers to her workplace.

All over a $362.00 debt.

What does this have to do with my personal injury law practice?

Well, one byproduct of personal injuries is medical bills -- sometimes tens or hundreds of thousands of dollars worth of medical bills. As you can imagine, many times our clients do not have enough insurance to pay these bills, or they face thousands of dollars in co-pays or underpaid bills. Sometimes hospitals and doctors offices hire collection agencies to try to get their bills paid. More and more, these collection agencies -- until this judge's ruling -- have been using Facebook to harass our clients.

As an Orlando accident attorney, I naturally have sympathy for accident victims. But I REALLY have sympathy for people who get harassed over medical bills that they never asked for, never wanted, and that were thrust upon them by someone else's negligence.

How would you feel?

If you have any questions about aggressive collectors -- particularly on medical bills -- call Orlando injury lawyer Kim Cullen at 407-254-4901.

Motorcycle Crashes Cost Florida Millions. What If PIP Disappears For Cars?

Mon, 07 Mar 2011 08:00:00 EST

WFTV Channel 9 ran an interesting story yesterday that dovetails nicely with a debate that we will likely see in Tallahassee this session or next concerning the future of Personal Injury Protection (also called "PIP") coverage in Florida automobile insurance policies. The article was ostensibly about the societal costs of motorcycle accidents in Florida.

Since motorcyclists in Florida are not required to insure their bikes (or themselves while on their bikes), when motorcycle crashes occur (and they do occur when folks aren't paying attention to motorcyclists -- which is often) and the motorcyclists does not otherwise have health insurance, the people of the State of Florida usually get left paying the tab for the injured biker's medical expenses. This is not meant to be critical of motorcyclists - the fact remains that a huge percentage of Florida's population does not have (read: cannot afford) health insurance.

The Sentinel reported that in 2009 alone, $190 million in state funds were spent to pay for treatment costs after Florida motorcycle accidents. Despite that large number, motorcycles only account for about 6 percent of all vehicles on Florida's roads.

If $190 million looks like a lot of money, taxpayers should consider what life might look like in Florida without Personal Injury Protection coverage. Personal Injury Protection is currently required to be purchased by every vehicle owner in Florida, and pays medical expenses for those injured in car accidents -- regardless of fault (hence its other nickname, "No Fault" coverage). Insurance companies have been talking about doing away with PIP in Florida for several years, as it is not as profitable for the companies as it used to be, and because the companies claim that they are being presented with a large number of fraudulent claims.

As an experienced Florida personal injury attorney, I know that the problem is that if insurance companies convince the Florida Legislature to make PIP coverage optional, many thousands of vehicle owners will opt out, and will shift responsibility for their medical bills from themselves to the taxpayers of Florida. If 6 percent of all drivers on the roads generated $190 million of taxpayer paid medical expenses in one year, just imagine how the burden of paying the bills of 30% to 40% of the other drivers on the roads.

In today's political and economic climate, it would make absolutely no sense to shift the burden of this care from individuals to the state. However, State Farm, Allstate, Progressive, GEICO, and the smaller Florida automobile insurance carriers have incredible lobbying clout and power in Tallahassee. Due to the money spread around Tallahasee by these carriers, it would not surprise me to see PIP become a thing of the past sooner rather than later.

If you have any questions regarding Florida motorcycle accidents, or how Personal Injury Protection coverage works, please call Orlando accident attorney Kim Cullen at 407-254-4901.

Florida Gov. Refuses To Stop Prescription Drug Overdose Killing Spree

Sun, 06 Mar 2011 08:00:00 EST

The State of Florida is at the epicenter of prescription drug abuse across most of the eastern United States, but Governor Rick Scott seems unwilling to take an easy first step toward solving the problem. Since taking office, Mr. Scott has opposed the establishment of a prescription drug monitoring program -- despite the fact that the program would be funded 100% by grants, and would not require any State money.

Governor Scott cites privacy concerns, but leaders ranging from other states' governors to the White House's Director of National Drug Control Policy, Gil Kerlikowske, believe that Florida is the key to stopping a prescription drug abuse epidemic this is leaving thousands dead and thousands more behind bars.

In an interview in the Orlando Sentinel, Mr. Kerlikowske indicated that Florida continues to be the main supply source for illegal prescription drugs up the East Coast of the United States and into the Midwest. He said it is not unusual at all for Florida prescription bottles to be found near prescription drug overdose victims in Ohio, Kentucky, and other surrounding states. Mr. Kerlikowske has asked for a meeting with Governor Scott to discuss these issues but so far has been ignored.

Mr. Kerlikowske said that, currently, the number of deaths from prescription drug overdoses is greater than deaths from heroine and cocaine, combined. In 17 states, more people die from prescription drug overdoses that car accidents. Most of those drugs come from Florida. Mr. Kerlikowske calls it an epidemic, and wonders why that doesn't outweigh the privacy concerns expressed by Governor Scott.

Mr. Kerlikowski envisions a system where states could share prescription medication information and keep addicts and criminals from crossing borders looking for more drugs. Hopefully, Governor Scott can soon be convinced that this significant destruction of lives outweighs whatever inconvenience he is concerned about for patients.

As I have previously posted, I think a prescription drug monitoring program is a great idea. If there is any way that we can keep addicts and other from jumping from pain clinic to pain clinic to get medication, I think it is worth it to try -- even if we only make it a pilot program and see how it works before making a long time commitment. Privacy issues -- if there are any -- would reveal themselves early enough and then officials could make an informed decision about whether the program should be continued. If we can avoid even one wrongful death, I think it is worth it to try.

If you have any questions regarding prescription drug wrongful death claims, call Orlando personal injury attorne y Kim Cullen at 407-254-4901.

Semi Tractor-Trailer May Have Violated Right-Of-Way, May Never Face Responsibility

Fri, 04 Mar 2011 08:00:00 EST

Multiple Central Florida media outlets reported this morning about a fatal crash that occurred on Highway 27 at Frank Jerrell Road in Lake County. Apparently, Roldan Gonzalez-Janero was trying to pull his semi tractor-trailer from Frank Jerell Road across northbound Highway 27, and then on to southbound Highway 27. Unfortunately, Mr. Gonzalez-Janero never made it that far.

At the same time as Mr. Gonzalez-Janero was moving his truck across the highway, a Lake County man was operating his S.U.V. on northbound Highway 27. Although Florida Highway Patrol investigators don't know exactly why, the S.U.V. apparently ran into the rear-end area of semi tractor-trailer. The Lake County man was tragically killed in the crash.

This case reminds me a lot of a case we tried two years ago in Orange County. In our case, a truck driver had pulled his fully loaded box truck out of a side street, directly into the path of our client's Mustang. The crash was catastrophic, and our client suffered a fractured skull and brain injury. Our client was in a coma for a week, and his brain injury was such that he could not remember anything leading up to the crash.

The truck driver insisted that he never saw our client before he pulled out from the side street. He claimed his looked carefully both ways before moving his truck, and even testified that he paused in the median, and looked a second time, and still saw nothing. The truck driver testified he had no idea there would be a crash until he felt the impact of our client's car hitting his truck behind the cab.

Quite obviously, our client's car was not invisible, and was there the entire time -- to be seen by any driver that actually, carefully looked for it. The trucking company hired an expensive expert to give the opinion that our driver must have been speeding (even though there was no evidence of this), and that speeding was the reason our client "came out of nowhere."

Despite the ridiculousness of the trucking companies position, and inability to explain how the truck driver NEVER saw our client, an Orange County jury actually found that the truck driver was not negligent in any fashion. Our client received nothing in the way of compensation, and the truck driver never faced any responsiblity for contributing to the crash in any way.

As an Orlando accident attorney who handles his share of Clermont auto accidents, I sincerely hope that the family of the Lake County man involved in this Highway 27 accident does not share the same fate. I hope that the jury will be able to see through the defense that the trucking company may choose to employ in order to escape responsibility for killing a man.

If you have any questions about a Florida automobile accident, please call Orlando personal injury lawyer Kim Michael Cullen at 407-254-4901

Seminole County Schools Play It Smart With Bus Driver Accused Of Child Abuse

Thu, 03 Mar 2011 08:00:00 EST

I was struck by a story recently published by WFTV Channel 9 regarding a Seminole County school bus driver who had been arrested by Seminole County sheriff's deputies over the weekend and accused of child abuse against her own daughter. The bus driver is said to have bitten her daughter on the arm during an argument, and then poured rubbing alcohol over the girl, after the girl allegedly hit the mother.

The interesting part of the story for me, as an Orlando accident attorney who frequently handles child abuse claims, was the part where the Seminole County school officials say that have taken the accused bus driver out of her bus, and out of direct contact with children, and into a desk job while they do their own investigation regarding the allegations.

Channel 9 apparently asked one parent in Seminole County what he thought, and he said that the bus driver should face any consequences from Seminole County Schools because the incident did not happen in the course and scope of her work.

I have to say that I wholeheartedly disagree with the parent that was interviewed, and agree with the approach taken by Seminole County Schools. I think it is the safest, and most rational approach to take in order to protect the school children, as well as to reduce the liability of the School Board.

If anything violent or untoward happened to one of the kids on this lady's bus, and the School Board had not taken time to investigate her, a claim for negligent retention or negligent supervision would be a practical "slam dunk". By taking her out of circulation -- even temporarily -- the School Board can show that it made an effort to vet her and were satisfied that she posed no risk to students. I think Seminole Schools is doing the smart thing on this one.

If you have any questions regarding child abuse or child sexual abuse, please call Orlando accident attorney Kim Cullen at 407-254-4901.

Uninsured Motorist Benefits May Help Family In Fatal I-4 Truck Accident

Fri, 25 Feb 2011 08:00:00 EST

Several Central Florida media outlets have reported about a box truck accident that occurred on Interstate 4 near Lake Mary in Seminole County. Apparently, a 24-year old Apopka man was killed when the truck he was driving loaded with flowers and plants crashed into the median guard rail of I-4.

According to the investigators, the Apopka man was driving eastbound on I-4 in the center lane when a vehicle entered the highway at the Lake Mary entrance ramp at a high rate of speed. The truck driver veered to his left to avoid the faster vehicle, lost control, and hit the guard rail where his vehicle overturned.

As an Orlando accident attorney who has seen more than his fair share of tragedies and wrongful death just like this one, my heart goes out to the Apopka man's family. I have sat with families as they have tried to make sense of a situation like this one - where the family will likely never know the identity of the speeding vehicle that may have ultimately been the cause of this crash and their loved one's death.

Many people do not realize that Uninsured Motorist benefits may be available in a situation like this one - even when the identity of the offending vehicle is not known (also known as a "phantom vehicle"), and where was no reported contact between truck and speeding car. However, many insurance policies contain language that place a very short reporting window upon claimants. For example, I have seen a policy that required an insured to report an accident like this one within 24 hours, or forfeit coverage. I hope the Apopka man's family has spoken to somebody about this, and gotten some good advice.

If you have any questions about Uninsured Motorist benefits, or accidents involving phantom vehicles, call me, an Orlando personal injury lawyer, at 407-254-4901.

Pain Killer Overdoses Might Be Avoided By Prescribing This Additional Drug

Sat, 19 Feb 2011 08:00:00 EST

I read with great interest several letters to the Editor in the on-line edition of the New England Journal of Medicine that referenced a recent article in the publication about the rising number of prescription drug overdoses in America. In the process, I learned something that I did not know before.

I have been writing and talking a lot lately about the explosion of pill mills, or shady pain clinics, in Central Florida, and the corresponding increase in prescription overdose deaths. Most of the stories that I am reading, and hearing about from potential clients, involve doctors prescribing loads of powerful pain medication like Oxycontin or oxycodone, along with a medication like Xanax.

What I did not realize until reading the letters written by researchers and physicians to the New England Journal of Medicine, is that there is a drug available called naloxone, that can quickly save a person's life if they are suffering from an opiate, or pain-killer, overdose.

In fact, Dr. Josiah Rich, and Traci Green, Ph.D., of the Brown University Medical School wrote:

"(W)e have seen far too many patient die prematurely of opioid overdoses. One topic that was missing from this article: the usefulness of providing access to naloxone to be administered by laypersons to prevent death from opiod overdose. Several studies involving ilicit-drug users have confirmed that training laypeople to recognize and respond appropriately to an overdose situation is feasible, safe, and effective. Thousands of lives have been saved with either intramuscular injection or intranasal spray of naloxone.
If it were the standard of care for physicians who prescribe long-acting opiates to also prescribe accompanying naloxone and provide access to brief training on its use, there would be far fewer overdose deaths. Improving access to prescribed naloxone is one fundamental lifesaving response within a clinician's reach to directly address the unprecedented "flood of opioids" and "rising tide of deaths.""

It is my understanding that there is some disagreement in the medical community regarding the efficacy using naloxone in the manner described by the doctors above. Regardless, I imagine there a plenty of surviving family members of prescription overdose victims who wish they have been provided with any instruction or opportunity to save the life of their loved one.

If you have questions about prescription drug overdose deaths, call this Orlando accident attorney at 407-254-4901.

Motorcycle Crash Death In Brevard Highlights Need To Lookout For Bikes

Fri, 18 Feb 2011 08:00:00 EST

Central Florida News 13 is reporting about the death of a 40-year old Cocoa man in a tragic motorcycle accident. Apparently, the Cocoa man was travelling down State Road 520 in Merritt Island when a pickup truck attempted to execute a U-turn and pulled directly into the motorcycle's path. The motorcycle could not avoid the pickup truck, and a wrongful death resulted.

As an Orlando motorcycle accident attorney, I have previously pleaded with people in Central Florida to be on the lookout for motorcyclists (here, and here). Central Florida, and especially Volusia County, has a very active and dynamic motorcycling community. We have two large motorcycle gathering each year (Speed Weeks and Biketoberfest), which bring thousands of motorcyclists and millions of dollars into our regional economy each year. Everyone in Central Florida should realize this, appreciate the calendar, and be on the lookout for motorcyclists.

If you have any questions regarding motorcycle accidents, call Kim Cullen at 407-254-4901.

What Kind Of Person Runs Over A Pedestrian And Leaves The Scene?

Fri, 18 Feb 2011 08:00:00 EST

I have to admit that I was disgusted (but not surprised) to read on the WFTV website tonight about another automobile versus pedestrian accident in Central resulting in a wrongful death. Apparently, a man was trying to cross John Young Parkway near Sand Lake Road in Orlando a couple of nights ago, when he was unfortunately hit by a car. As the pedestrian lay in the roadway, an unidentified S.U.V. came along and ran over his body -- but the driver of the S.U.V. never stopped.

As I have recently discussed, automobile versus pedestrian accidents are becoming all to commonplace in Central Florida. However, what really gets my blood boiling is when I hear or read that a driver has fled the scene after one of these accidents. Whenever I think about the experience of what it must be like to be hit by a car, or to hit somebody with my car, I ask myself, "How could that person just leave the pedestrian lying in the road, either dead or dying?"

As an Orlando accident attorney, I have seen the anguish of family members wondering what was going through their loved one's mind as they lay in the road - alone - dying. I hope to never see it again...

When a negligent driver leaves the scene of an accident, it obviously makes it very difficult to hold the responsible person liable for the damages he or she has caused. However, not knowing the identity of the negligent driver does not necessarily mean there can be no recovery of damages. Many times Uninsured Motorist benefits benefits can be accessed to compensate the injured pedestrian or his family.

If you have any questions regarding a Florida hit-and-run accident, call this Orlando car accident lawyer at 407-254-4901.

Wrong Way Crash Kills Two Near Mims In Brevard

Wed, 16 Feb 2011 08:00:00 EST

The Orlando Sentinel is reporting about a crash near Mims on State Road 46 in Brevard County that tragically lead to the death of both drivers. Apparently, Dale Francis was operating his 1997 Chevrolet S.U.V. on the wrong side of the center line on State Road 46 when it crashed head-on into a pickup truck heading in the opposite direction. The crash was so severe that both drivers were killed in the impact.

While I was not at the accident scene, and the news story did not mention it, it would not surprise me if drugs or alcohol were involved. As I have previously posted here, and here, in my experience as an Orlando accident attorney, it is rare to see a wrong-way accident without some outside influence causing the driver to travel in the wrong direction.

If you have any quesitons about a FL car accident, call Kim Michael Cullen at 407-254-4901.

Homeowner's Coverage Could Apply To Tragic Accidental Shooting In Cocoa

Tue, 15 Feb 2011 08:00:00 EST

Here is a tragic story out of Canaveral Groves, near Cocoa in Brevard County. Apparently, at a family barbeque, Dustin Adkins was showing some friends one of his several guns. The gun accidentally discharged, a bullet went through a wall in Mr. Adkins home, and hit a 13-year old girl in the back. The young girl tragically succumbed to her injuries a short time later.

According to family friends, Mr. Adkins -- who has children of his own -- has historically always been careful with his guns. Regardless, the nature of guns is that there is often not a second chance when an accident occurs.

As an Orlando accident attorney, I know that tragic accidents like this one will sometimes be covered by homeowner's insurance. Many people do not realize that homeowner's insurance covers many negligent acts or omissions on the part of the homeowner or his or her family -- as long as they are not automobile-related.

For questions about homeowner's insurance coverage and how it might apply to accidents, please call Kim Cullen at 407-254-4901.

Crash Involving Disney Cruise Bus And Semi Puts Focus On Need For Care

Mon, 14 Feb 2011 08:00:00 EST

Practically every Central Florida media source was reporting this morning about an overnight crash between a Disney Magical Express tour bus and a U.S. Postal Service semi tractor-trailer on Boggy Creak Road and the State Road 417 off-ramp in Orange County. The crash presumably occurred in the middle of the intersection -- meaning that one or the other vehicle probably disobeyed a traffic light. At the time of this writing, law enforcement had still not decided how to level charges, as each driver apparently blamed the other for running the red ligtht.

The crash was a significant one - sending four bus passenger and the Disney bus driver to the hospital. The front of the tractor-trailer was reported to have been significantly damaged, with the windshield smashed.

The Disney Magical Express is a fleet of buses utilized by Walt Disney World to ferry Disney customers from the airport to its theme parks, hotels, or cruise ships located at Port Canaveral in Brevard County.

As an Orlando accident attorney, a crash like this one serves to highlight some special duties owed by bus drivers and the drivers of heavy trucks. Many people do not realize that buses are considered "common carriers" under Florida law. In Florida, operators of common carriers have to drive even more carefully than people operating cars. Because of the character of their vehicles, and the fact that these drivers are responsible for the safety of many passengers, the law placed upon them a duty to use the highest possible care when driving. If the driver of a common carrier does not use the highest level of care, then the driver is probably guilty of negligence.

Similarly, truck drivers arguably have a duty to be more vigilant on the road than a "regular" driver. This is not a duty imposed by the law, but comes as a result of the additional training and experience that most qualified truck drivers have. For example, truck drivers are taught that their vehicles will take extra time to stop and be harder to control, so they have to approach intersections more cautiously. They are taught to pay special attention to their mirrors and other visual cues so that their vehicle does not become a danger to others and cause a Florida truck accident.

If you have any questions regarding a Florida truck accident or bus accident, call Orlando accident attorney Kim Michael Cullen at 407-254-4901.

Aloma Avenue The Scene Of ANOTHER Deadly Pedestrian Accident

Mon, 14 Feb 2011 08:00:00 EST

I was so saddened to read this story in the Orlando Sentinel about a 56-year old man who was killed while crossing Aloma Avenue on foot a few nights ago. The impact occurred at the intersection of Carnation Drive and Aloma Avenue, just a few hundred feet away from where Kason Bailey -- a 16-year old Winter Park High School student -- was killed in October 2010 while crossing Aloma Avenue.

As I mentioned in previous blog posts, I am concerned about the safety of Aloma Avenue, east of State Road 436, as it runs from Winter Park, through Goldenrod, and into Oviedo. Even though the area is a mix of commercial and residential properties, drivers tend to operate on Aloma at a fairly high rate of speed. People who live in that area regularly talk about how scary it is to try to cross Aloma.

Government has installed a cross walk a few hundred feet from where this 56-year old man was killed, but it is not controlled by any traffic device, so doesn't get much use. Perhaps local government or the Florida Department of Transportation should take a closer look at this area and see if the speed limit need to be reduced, more traffic control needs to be instituted, better lighting needs to be installed, or whether local law enforcement needs to have a greater presence in order to slow traffic.

If you have any questions regarding an automobile versus pedestrian wrongful death case, call Orlando accident attorney Kim Michael Cullen at 407-254-4901.

Dead Woman In Backseat Of Car Linked To Florida Pill Mill

Fri, 11 Feb 2011 08:00:00 EST

An article on the WFTV website caught my eye today. Apparently, the Kentucky State Police pulled over a vehicle on Interstate 75 near Richmond, Kentucky, because the vehicle was weaving in and out of traffic. Inside the vehicle, law enforcement officers found a 42-year old woman dead in the backseat -- apparently from a drug overdose.

Officers searched the car and found prescription pain medication from pain clinics in Florida.

Pain clinics have been in the news frequently in Central Florida over the past several months. Several local pain clinics -- also called "pill mills" by some -- have been shut down and several doctors and pain clinic owners arrested. In addition, several local governments -- including Orange County and the City of Orlando -- have taken steps to limit the further growth of pill mills, and to regulate how they do business.

As I have previously written here and here people are clearly coming to Florida from the midwest and up and down the East coast in order to score prescription drugs. Until now, many Florida pain clinics have been able to operate as dispensaries where people can pay cash and get prescription drugs without going to a pharmacy to have a prescription filled. This system make it virtually impossible for the patient/customers to be tracked.

If I was a family member of a person who had suffered a wrongful death as a result of a prescription drug overdose from a pain clinic in Florida, I think that I would have a lot of questions. First, why should doctors' office be allowed to sell drugs without prescriptions? Prescriptions provide a paper trail behind the patient/user. Why doesn't Florida state law require this? Second, I would wonder how so many out-of-state people are getting prescriptions filled in Florida. Doesn't there seem like something fishy is going on, when people are willing to drive hours and hours just to get a prescription filled? What are doctors doing right in other states, that we are not doing here.

As an Orlando prescription drug overdose lawyer, I know that families often have dozens of questions after experiencing the devastating loss of a loved one due to a prescription drug overdose. Please call me with your questions at 407-254-4901.

Evans Student Struck And Killed On Road Shoulder Unfortunately Not Alone

Wed, 09 Feb 2011 08:00:00 EST

I was saddened to read a story in the Orlando Sentinel about an Evans High School Senior who was tragically killed in Osceola County as he walked on the shoulder of the road. Apparently, Richard Lawson was operating a Ford pickup truck on Vineland Road in Kissimmee, when he lost control of the vehicle causing it to leave the roadway to the right and strike the young pedestrian. The high schooler was unfortunately pronounced dead at the scene.

Law enforcement officials had not completed their investigation when the story was published, and did not yet know whether alcohol or drugs were involved.

Unfortunately, this story is becoming all too common in Central Florida. Many area residents will remember the story of Miguel and Anthony Rodriguez - two brothers who were hit by a car as they walked on the shoulder of the road on their way to University High School. In that case, the suspected driver, Eric Wydra -- who still has not been charged with the death of Miguel Rodriguez, by the way -- had allegedly been drinking or using drugs until shortly before accident.

In my experience as an Orlando wrongful death attorney there are generally two reasons that drivers leave the roadway and hit pedestrians: (1) alcohol or drugs, or (2) distracted driving such as texting while driving, or talking on a mobile phone. It would no surprise me to learn that Mr. Lawson was either drunk, or doing something involving a cell phone. These are clearly negligent acts, and might even expose Mr. Lawson to punitive damages.

Our hearts go out to the family of this young man over this tragic loss.

If you need information about Orlando car accidents, or have questions, call Orlando accident attorney Kim Michael Cullen at 407-254-4901.

New Orlando Program May Be Helpful With Negligent Security

Mon, 31 Jan 2011 08:00:00 EST

I was very interested to read in the Orlando Sentinel that the City of Orlando plans to institute a new plan designed to improve safety for apartment dwellers. The program is called the Crime Free Multi-Housing program (or CFMH), and was first started in Arizona in the 1990's.

CFMH begins with apartment complexes volunteering to join the program, and requiring their management to undergo special training on a special crime database. Once complexes are certified, they begin having tenants sign leases with special clauses allowing the complexes to evict the tenants if the tenants are charged with crimes. Apartment management can check the special database as often as they like in an effort to make sure that tenants are staying out of trouble.

Once a tenant is charged with a crime, a speedy eviction process is undertaken pursuant to the lease that the tenant signed.

Local law enforcement believes that this tool will make a real difference in making apartment complexes safer by getting rid of accused criminal tenants.

As an Orlando negligent security attorney, I am hopeful that this program will work as planned, but at the same time I am skeptical. First, my experience handling negligent security cases suggests that perpetrators of crime in apartment complexes are very often not residents in the complexes. They often live nearby, but not necessarily in the same complex.

Second, I see additional potential liability on apartment complexes who fail to volunteer for the program (i.e. "why didn't you join a simple program designed to make your tenants safer?"), as well as potential liability for those complexes who are members of the program but fail to perform searches often enough or decide not to enforce the eviction provision on a tenant before he commits a crime in the complex.

Whatever happens, if should be interesting to see how this program eventually works. If you have any questions about negligent security claims, call Kim Cullen at 407-254-4901 for answers.

Traffic Ticket Won't Matter In Tragic Brevard County Traffic Death Case

Fri, 28 Jan 2011 08:00:00 EST

I read with interest this recent piece on Channel 9's website regarding drama at a traffic hearing in Brevard County. The story began in September 2009 when Deputy Vincent Marino-Vitani ran into and killed pedestrian Henrietta Strong on his way to work on State Road 520. According to law enforcement investigation, Deputy Marino-Vitani was late for work and was travelling 64 miles-per-hour in a 40 miles-per-hour speed zone. Accordingly, the deputy was cited for exceeding the speed limit.

At the same time, he was not cited or charged with causing Ms. Strong's death, as investigating officers determined that Ms. Strong stepped of the curb and into the deputy's lane of travel.

Despite not being charged with causing the woman's death, apparently Deputy Marino-Vitani has also lawyered up and wants to fight the speeding charge. Quite understandably, Ms. Strong's family is furious.

As a car accident attorney who has handled his share of Brevard accident cases, I wish I knew more about this story, but apparently I'm coming in late. For instance, I would like to know how an initial investigation determined that speed played no part in Ms. Strong's death. Obviously, going 24 miles-per-hour over the speed limit is going to drastically reduce the deputy's ability to observe hazards, react to them, and potentially control his vehicle enough to avoid the hazard.

I'm also curious as to the energy put into this fight over the speeding ticket. The family surely knows (after having hopefully spoken to an experienced personal injury lawyer regarding this pedestrian versus automobile accident) that the traffic ticket is irrelevant and inadmissible in civil injury case. I would also think that the deputy would see some logic in paying the ticket and moving on without causing additional pain and rancor for this family.

It will be interesting to see how this case develops. If you have any questions regarding your FL accident case, call Kim Cullen at 407-254-4901.

City of Orlando Bolsters Crackdown On Pill Mills

Wed, 26 Jan 2011 08:00:00 EST

The City of Orlando continues to work hard to decrease the negative influence of pill mill pain clinics on the people of Central Florida. This week the Orlando City Council takes the first of two votes on a proposed city ordinance that would ban any new pain clinics from opening within the city limits over the next year. Orange County passed a similar ordinance at the end of 2010.

In addition to the moratorium on new clinic openings, the city's ordinance goes a little further. It bans any pain clinics currently existing in the city from expanding either physically or moving to a larger space. Perhaps most importantly, the city's ordinance restricts any pain clinic from operating as a "cash only" business.

Orlando city government knows that pill mills create several community problems. The Orlando Sentinel reported that prescription drug overdoses in Florida -- often connected to pill mills -- rose to 2,500 in 2009. Additionally, pill mills are thought to be connected with an increase in street drug traffic.

A recent Orlando Sentinel story documented a drug bust in Palm Bay where drug agents found thousands of tablets of prescription drugs. Drug agents said that the suspects were having prescriptions filled for oxycodone and other powerful drugs at pain clinics in Orlando and in South Florida -- 120 tablets at-a-time. The suspects then bring the drugs back to Palm Bay and sell them on the streets. One of the suspected drug dealers told the newspaper reporter that he had done nothing wrong because his doctor had prescribed him the drugs he possessed.

As an Orlando prescription drug overdose attorney, I certainly applaud efforts by local governments in Central Florida to curb with spread of wrongful deaths and criminal activity. Even one life lost to prescription drug overdose is too many.

Wrong Way Driver On 417 Leaves Fire Rescue Amazed That More Lives Weren't Lost

Mon, 24 Jan 2011 08:00:00 EST

Multiple Central Florida media outlets reported this morning about a crash on State Road 417 in Seminole County involving a wrong-way driver. Somehow, Arthur Robinson, of Deland, made his way on to southbound 417, but was headed in the wrong direction. It is unclear how long Mr. Robinson was traveling on the highway, but law enforcement say that had just heard about it about the time the crash occurred -- in Ovideo, near the State Road 434 overpass.

Mr. Robinson's 2000 Chevrolet unfortunately crashed into a mini-van transporting two adults and at least four children, aged two to eight years. Mr. Robinson was tragically killed in the crash.

Meanwhile, the mini-van was caused to crash into a guard rail, and got stuck there teetering over a 150-foot drop until fire rescue could finally secure it. The adult driver and passenger reportedly suffered serious injuries and were transported to Orlando Regional Medical Center. Fire rescue personnel were reportedly stunned to find any survivors given the severity of the impact.

Orlando accident attorney Kim Michael Cullen handles Seminole County car crash cases. Call Kim at 407-254-4901 to have your questions answered.

Alcohol Or Drugs Almost Always Involved In Wrong Way Accidents

Mon, 24 Jan 2011 08:00:00 EST

I just read another sad story about a wrong way driver who caused a major crash in Central Florida. This time it was Arthur Robinson, of Deland, who found himself travelling the wrong way up State Road 417 late last Sunday night. Unfortunately, about the time he got to the crest of the overpass at State Road 434 in Oviedo, in Seminole County, he met a southbound mini-van full of adults and kids and caused an accident so severe that fire rescue personnel were shocked that anyone lived.

As I have posted before, in my experience handling Orlando car accident cases for over 17 years, wrong way driver accidents are almost always connected with alcohol, drugs, or both.

Of course, I don't know anything about how Mr. Robinson found himself going the wrong way on this highway, but I do know that State Road 417 is a toll road, and that the vast majority of its entrance and exit ramps are controlled by toll boths. Of course, most of these toll boths are unmanned these days, but one would think that a sober or unintoxicated driver might take a moment to pause before entering a toll both from the wrong direction, or might wonder why the little toll bucket is on the wrong side of the car.

The media reports indicated that the driver and front passengers of the mini-van were the worst injured -- with the male being life-flighted to Orlando Regional Medical Center for treatment. I am going to keep my fingers crossed that their injuries are not debilitating or life-threatening. As an Orlando accident attorney, I am also going to keep my fingers crossed that all of the injuried parties have the opprotunity to be fully compensated for the injuries caused by this careless act.

I am going to hope that Mr. Robinson carried plenty of bodily injury liability coverage. Barring that, I am going to hope that the occupants of the van had the foresight to carry Uninsured Motorist coverage.

If you have any questions regarding FL car accidents, please call Kim Cullen at 407-254-4901.

Was Apartment Complex Convinced Of Danger After Cabbie Found Murdered?

Mon, 17 Jan 2011 08:00:00 EST

It is not often that the media cleanly packages an example of a valid legal claim that we lawyers can use as a teaching tool to illustrate a legal concept, but the Orlando Sentinel recently did that in its reporting about the Governor's Manor Apartment complex in Orlando.

Apparently, a man was stabbed in the back at the apartment complex this past weekend after he arrived to visit a friend. No information was provided about what led to the stabbing, or whether the victim realized he was at risk for being a victim of violence as a result of visiting his friend.

If I was a gambling man, I would bet that the stabbing victim had no idea that less than one week before he was stabbed, a cab driver was found dead on the grounds of the same apartment complex. I would also bet that the stabbing victim did not know that there were twice as many reported crimes at Governor's Manor in 2010 than there were in 2009.

At the same time, as an Orlando accident attorney, I know that this apartment complex has a duty to take reasonable measures to provide a safe environment for visitors. I know that the apartment complex has a duty to know what kind of activity is happening on and around its property, and to structure its security plan based upon those realities. When an apartment complex fails to provide security consistent with the level of crime or violence reported on or around its property, the complex can be exposed to a negligent security claim.

I would be very curious to learn what kind of security measures Governor's Manor was utilizing to protect guests -- particularly after a cabbie was found murdered on its property. Surely the management of this complex made some changes when the dangers of violent crime were illustrated by the discovery of a dead body -- how much more proof could they need?

Another Pedestrian Tragically Killed In Central Florida

Fri, 14 Jan 2011 08:00:00 EST

The Orlando Sentinel reports here another tragic story of a pedestrian hit and killed by a driver -- this time in Daytona Beach. However, unlike many recent stories where it appeared that the pedestrians may have been crossing roadways late at night, or outside of marked crosswalks, this wrongful death occurred on the sidewalk.

According to the Sentinel, Terence Vanauken told police that an unidentified vehicle was in his lane of travel on Fentress Boulevard heading in the wrong direction. As a result, Mr. Vanauken claimed that he had to swerve out of his lane and off of the road to avoid the unidentified vehicle. Unfortunately, a 35-year old man was standing on the sidewalk next to Fentress. Mr. Vanauken's vehicle struck the pedestrian and unfortunately killed him.

As an Orlando accident attorney, if I was a family member of the man who was tragically killed, I would want to know a lot more about this alleged phantom vehicle. I would want to inspect the area of crash to see whether there is any evidence of another vehicle, or whether Mr. Vanauken had any other options for his vehicle other than to drive it into the decedent.

Who Was Watching During Child Sexual Assault In Church?

Fri, 14 Jan 2011 08:00:00 EST

Orlando's Channel 9 news recently reported about two Jacksonville men who had been arrested on charges of sexual battery and lewd and lascivious conduct. Apparently, one man, a 45-year old, is being accused of raping several underage girls - including one at knifepoint. The other man, age 56, stands accused of molesting a boy for several years. Obviously, these are very serious charges, and these men have not admitted or been proven guilty of these accusations.

What captured my interest in this story is the fact all of these alleged despicable acts occurred in a church -- the Greater Refuge Temple, in Jacksonville. In fact, one of the accused men is reported to be the son of the church's pastor, Bishop Gentle Groover. According the the church's website, the church appears to be a fairly large organization. Bishop Groover's information page indicates that he pastors several other churches around Florida. It is unknown whether the Bishop's son held any leadership position in the church.

If I were the parent of any of the children victimized by these alleged acts of child sexual abuse, I would be wondering how in the world these multiple acts of child molestation could go on inside the church. I would be wondering who was responsible for monitoring the church's facilities, and supervising those people using the church's facilities. If I were a parent of any of these children, I would wondering why this organization didn't do more to safeguard my child's innocence.

As a Florida child sexual abuse attorney, I can tell you that organizations that do not properly background screen their workers or volunteers, or who do not properly supervise or monitor their people or facilities can be held liable for the damage to children caused by child sexual abuse.

For questions concerning the rights of children following a sexual assault, call me at 407-254-4901

Can A Smartphone Really Be Your Best Friend (After An Accident)?

Wed, 05 Jan 2011 08:00:00 EST

A smartphone might be your best friend following a Florida car accident. With all of the functions available on today's iPhones, Droids, and Blackberry's, a Florida automobile accident victim has plenty of ways to gather evidence at the scene of an accident -- whether there are eyewitnesses available, or not.

Photographs of the accident scene and/or the damage to the vehicles involved is often critically important to the success of a car accident claim. Without photographs valuable information regarding skid marks, vehicle damage, or road defects or obstructions often quickly disappears. Fortunately, most of today's smart phones come with powerful cameras that can capture images in amazing detail (up to 10 megapixels). Additionally, many of those same cameras have the ability to shoot movies, which could come in handy to capture actual traffic conditions or density at the time of a crash.

In addition, most of today's smartphones also have an audio recorder function which could come in handy. Many times the stress or shock associated with a crash keeps us from remembering details that our brains would ordinarily reliably record. Accident victims can easily use their smartphones' voice recorder to record their thoughts and impressions at the accident scene or shortly thereafter. Several companies also make audio dictation applications that would allow accident victims to translate their thoughts directly into text files that can be e-mailed, texted, or simply saved.

As an Orlando accident attorney, one of my clients' biggest complaints is eyewitnesses who initially stop at a crash scene, but then leave because they don't want to wait for police to arrive. A smartphone offers a great way to capture a photograph or movie of the eyewitness, or to record a short statement of what he or she saw. An accident victim could even photograph the witnesses' license plate as he drove away if there was any question about finding him or her in the future.

Orlando personal injury attorney Kim Cullen represents people who have been injured in Fl car accidents. Call Kim at 407-254-4901 with your questions, or order his FREE book for Florida accident victims, Asleep At The Wheel: 13 Mistakes the Insurance Company Desperately Hopes You'll Make After Your Florida Car Accident by clicking on the title.

Memorial To Texting While Driving Victim Started | Orlando Accident Attorney

Wed, 29 Dec 2010 08:00:00 EST

Polk County officials are trying to make something good out of a horrible event that occurred in 2008. Back then, Heather Hurd, a 26-year old Davenport woman, was killed on U.S. Highway 27 in Polk County by a tractor-trailer that rear-ended her vehicle.

The driver of the tractor-trailer rig was texting while driving. Sadly, Mr. Hurd was on her way to Disney World to plan her dream wedding.

In addition to keeping the memory of Ms. Hurd alive, hopefully the memorial -- which will be located beside U.S. Highway 27 at Sand Milne Road -- will serve as a reminder to all drivers how dangerous texting while driving is.

We have previously posted on the dangers of texting while driving here, here, and here.

If you, or a loved one, has been injured by another driver texting while driving, call Kim at 407-254-4901.

Death Of 11-Year Old Pedestrian Raises Questions About Attentive Driving

Wed, 29 Dec 2010 08:00:00 EST

I recently read with great sadness multiple local media reports (two of them are here and here) about two young pedestrians who were hit by a car on Alafaya Trail, near UCF. Apparently, the girls were sisters -- the 11-year old tragically died, while her 17-year old sister was very seriously injured.

Media reports were somewhat confusing about exactly what happened -- first indicating that the girls were crossing "against" the traffic light (I assume this means that they were crossing toward a Do Not Walk sign), but also stating that the girls were not near an intersection at all when they crossed.

The girls were apparently both hit by a Jeep SUV, then sometime after the first impact the younger sister was run over and killed by a Toyota Solara.

This story sounds remarkably similar to the case of Kason Bailey, a Winter Park High School student who was hit while crossing Aloma Avenue. Kason was originally hit by one driver, and was knocked down and injured. While a friend was trying to help him clear the road, he was hit by a second vehicle and killed.

As an Orlando accident attorney, it will be interesting in the sisters' case to discover how long the younger girl was down in the street before the second vehicle came along. Even if the girls unexpectedly stepped into traffic (which is almost always the position taken by drivers in car vs. pedestrian accidents), the second driver still has a duty to keep a lookout and not follow so closely as to not be able to avoid a body lying in the road. If the second driver was following too closely, traveling too fast, or not paying close enough attention, he could face liability for the accident.

Also, I would be curious to know how many lanes of travel the girls made it across before they were hit. It makes sense to me that the more lanes of travel they safely made it across, the more time these other drivers would have had to see them -- regardless of whether they were crossing in a crosswalk.

For answers to questions involving pedestrian versus automobile accidents, call FL accident attorney Kim Cullen at 407-254-4901.

Tragic Bushnell Crash Raises Questions About Seatbelts

Tue, 28 Dec 2010 08:00:00 EST

I recently read a piece in Orlando Sentinel that was interesting to me. Unfortunately, the main part of the story was about the tragic deaths of Karl Kruppenacher II and a Lake Panasofkee man in a head-on crash that occurred on Highway 301 at SW 90^th Place, near Bushnell, in Sumter County.

According to the Florida Highway Patrol, Mr. Kruppenbacher was southbound on Highway 301 when his vehicle crossed the center line and collided with the Lake Panasofkee man's truck.

As a lawyer who has handled many wrongful death claims as a result of automobile accidents, my condolences certainly go out to the families of both men. Loss of life in auto accidents like these is almost always devastating to families.

However, my particular interest in this story as a FL accident attorney has to do with the inclusion in the story of information regarding which man was wearing a seatbelt and which many wasn't. Apparently, Mr. Kruppenabacher was wearing a seatbelt at the time of the crash, but the Lake Panasofkee man wasn't.

As I have been pointing out in at least one previous post, my experience has been the seatbelt use has only an average correlation with serious injuries (or death) in a crash. Nevertheless, many insurance companies advance a seatbelt defense even when it cannot be shown that wearing a seatbelt would have lessened or eliminated the injury. For example, in this instance Mr. Kruppenbacher was reportedly wearing a seatbelt, and still tragically lost his life.

If you have any questions about the seatbelt defense, or whether failure to wear a seatbelt is fatal to a personal injury claim, call Kim Cullen at 407-254-4901.

State's Database Program To Track Pill Mills Is More Like A Placebo

Thu, 23 Dec 2010 08:00:00 EST

The Orlando Sentinel reported this evening that the Florida Department of Health has finally selected a vendor to implement a plan to deter Florida "pill mills" that was originally passed by the Florida Legislature in 2009.

Unfortunately, the pilot program is so weak at that point, that it is unlikely that many lives will be saved.

The Florida Department of Health has selected Health Information Designs, Inc. of Auburn, Alabama, to design a computer database program to help doctors, law enforcement, and state officials track prescription drug recipients. (What? There were no computer programming firms in Florida looking for work?) Apparently, the database will not be ready to go until March 2011.

The issue with database is the loopholes. Doctors' offices are not required to participate. The majority of "pill mills" are doctors' offices that dispense drugs directly to patients -- usually for cash. The database program has no way of tracking these transactions in any fashion.

Second, pharmacies are not required to report filled prescriptions for 15 days. Particularly motivated or industrious people looking for prescription drugs can visit an awful lot of pill mills and pharmacies in 15 days, and fade then fade into the woodwork or move on to a different state before receiving any scrutiny.

As I have discussed posts (here, here, here, and here), pill mills are a serious danger in Florida. Even one more wrongful death as a result of a prescription drug overdose is too many.

Call us at 407-254-4901 if you have any questions about pill mills or prescription drug overdoses.

Outrageous: Automobile Accident Defense Goes Beyond Reason

Fri, 17 Dec 2010 08:00:00 EST

As an Orlando automobile accident lawyer, I have heard a lot of different, incredible explanations advanced by drivers over the last 17 years for why traffic accidents were not their fault. I've heard everything from "your client backed into me -- I didn't rear-end her", to "your client just appeared out of nowhere - I swear he wasn't there when I pulled out." Until I read this piece, I thought I had heard virtually everything.

The facts of the car accident are pretty simple: a wealthy money fund manager lost control of his month-old Mercedes Benz in Colorado and struck a physician who was riding his bicycle along with roadway. The businessman failed to stop the help the injured doctor, and allegedly was found later by the police trying to stow his broken side mirror and damaged bumper in the trunk of his car.

Criminal charges were originally filed against he money manager, but the emoney manager's prominent criminal defense lawyers were able to convince prosecutors to drop the charges for fear that a felony conviction might affect the ability of the money manager to continue working in the field of high finance. Due to negative responses from across the country, prosecutors are said to be reconsidering.

Meanwhile, the money manager still has to concern himself with a potentially significant personal injury claim being brought by the seriously injured physician. At first, the money manager's representatives told the press that sleep apnea may have played some role in the crash.

But now the defense has come up with something new -- the "new car smell defense".

Apparently, the defense team for the money manager has hired an accident reconstructionist who has opined that "noxious and harmful smells" from the car's new upholstery may have entered the passenger's compartment of the car and caused the money manager to have altered consciousness.

It remains to be seen how this defense will play out, but I'm hoping that whoever is representing the injured doctor continues to drive toward recovering the reasonable value of the doctor's damages, and ignores this seemingly outrageous defense. Whatever happened to individual responsibility? Does that fact that this individual has virtually limitless funds mean that he should not be punished for raising such a flimsy excuse for his actions?

Pain Clinic Doctor Antolic Arrested Again For Drugs

Tue, 14 Dec 2010 08:00:00 EST

Central Florida Fox News reported today on the second arrest of local physician, Mladen Antolic, on drug possession charges. It was well reported in our local media, and in my news and blog posts, that Dr. Antolic was arrested several weeks ago in connection with drugs found during an investigation by multiple agencies in the prescription drugs being prescribed and dispensed from his pain clinic, Injury Mid-Florida Rehabilitation.

Apparently, this time Dr. Antolic was arrested and charged only with possession alprazolam, otherwise generally known by one of its brand names, Xanax. In addition to Xanax, Dr. Antolic was also found to be in possession of cocaine, as well as an assortment of pain killers.

Central Florida law enforcement authorities have recently been cracking down on what they call "pill mills", and the practice of some pain clinics of dispensing excessive amounts of drugs to patients. Many of these patients are later victims of wrongful death as a result of prescription drug overdose.

Orlando personal injury attorney Kim Cullen helps the families of those killed by prescription drug overdoses. Call Kim at 407-254-4901.

Orange County Bans New Pain Clinics for One Year

Wed, 08 Dec 2010 08:00:00 EST

Orlando's WKMG has reported that Orange County government has voted to prohibit any new pain clinics from opening in the County over the next 12 months. This follows a busy 2010 for pain clinics throughout Central Florida, as several doctors and clinic owners were arrested and businesses were shut down due to suspicion about the clinics being so-called "pill mills".

Many of these pain clinics are being run as cash-only businesses, with drugs being dispensed or sold directly from the clinic, and not through a pharmacy. Law enforcement officials are seeing more and more of these pills finding their way on to the streets.

Tragically, many families are affected by these clinics through prescription drug overdoses. I have posted on this subject several times: here, here, here, and here.

We hope this moratorium helps Orange County officials get a better hand on pain clinics.

Tire Blowout On I-95 Leads To Tragedy For Lake County Family

Wed, 08 Dec 2010 08:00:00 EST

The Orlando Sentinel had a very sad piece today about a Lake County family that was literally torn apart by a tire blowout accident on Interstate 95, just north of Palm Coast Parkway. Apparently, a large and extended family was traveling back from a family reunion in North Carolina when the left rear tire on their Ford Expedition exploded, causing the vehicle to lose control, leave the roadway, and crash into some trees. Several of the passengers were ejected.

Reportedly, five of the adults in the vehilce were killed, and at least four children were badly injured and taken to hospitals in Daytona Beach and Palm Coast.

The Orlando Sentinel reported that two of the people who were killed had seatbelts on, and three others did not. This should should neutralize the seatbelt defense problem I have previously identified in at least one other post.

In my experience as an Orlando automobile accident lawyer, tire blowouts are almost always deadly, and very regularly involve tires that has been sold as used or retreaded, or involve defectively manufactured tires. One of the big challenges faced by grieving family members is be alert enough to make sure that as many pieces of the tire as possible are located and preserved for inspection by a qualified expert.

Tire blowout cases are always aggressively defended, so I hope this family from Eustis takes some time to a lawyer with experience and expertise in handling these kinds of cases. Our hearts go out to this Lake County family.

Call Kim with questions at 407-254-4901.

Illegally Parked Trucks on I-4 Present Liability for Truck Owners

Fri, 26 Nov 2010 08:00:00 EST

WFTV in Orlando recently ran this piece that made me question the wisdom of some of the truckers and trucking companies hauling freight through Orlando on Interstate 4. The news reported that, due to overcrowded parking in the state rest stop just north of Longwood, many truckers have started parking their semi tractor-trailer rigs on the shoulder of I-4 overnight.

Apparently, there have been several motor vehicle accidents related to the trucks sticking out, or being very close to, the through lanes of travel on I-4. The Florida Highway Patrol seems to be aware of the problem, but claim that they do not have enough manpower on the overnight shift to do much about it.

Frankly, as an Orlando personal injury lawyer, I am surprised that the owners of these trucks parked on the edge of Interstate 4 would allow their drivers to create such a dangerous condition. Large trucks parked in areas where other drivers would not automatically anticipate them to be are a huge liability risk. Despite how well these trucks may be marked, their immense size and weight make them similar to crashing into a brick wall. The truck drivers in question would be much wiser to find another place to park, or even better, to find a truck stop.

Attorney Kim Michael Cullen represents victims of truck accidents. Call Kim at 407-254-4901 with your questions.

Tragic Rear-end Accident on Grissom Parkway in Brevard

Thu, 25 Nov 2010 08:00:00 EST

On Thanksgiving Day, the Orlando Sentinel reported on a horrible crash that occurred on Grissom Parkway in Brevard County. Apparently a Cocoa woman was driving a Mitsubishi S.U.V. northbound with at least one child on board.

Katrina Johnson, 24, was driving her 1999 Ford behind the S.U.V., and came upon the Mitsubishi at a high rate of speed. Apparently, Ms. Johnson's Ford clipped the rear end of the Mitsubishi causing it to spin, hit a traffic sign, and then flip over several times.

The driver of the S.U.V. and at least one of the children on board were ejected from the vehicle. Tragically, the driver died on the way to the hospital. The ejected child was taken to the trauma center at Arnold Palmer Hospital in Orlando.

Our hearts go out to the family of the folks in the Mitsubishi. We hope that Ms. Johnson accepts responsibility for the personal injuries and wrongful death that she seemingly caused.

Seatbelt Defense May Be Red Herring In Brevard Rollover Case

Thu, 25 Nov 2010 08:00:00 EST

I was so sad to read about this tragic accident on Grissom Parkway over in Brevard County. The fact that the crash happened on the eve of Thanksgiving, made it even more heart-breaking.

A Cocoa woman was killed, and at least one child was injured when their Mitsubishi S.U.V. was rear-ended by Katrina Johnson, also of Cocoa, allegedly at a high rate of speed. The Mitsubishi was hit so hard that it was caused to spin, hit a traffic sign, and then rolled several times down the highway. The Florida Highway Patrol reported that the driver of the S.U.V., and at least one child, were ejected from the vehicle and received serious personal injuries. The driver eventually tragically died.

As an experienced Orlando personal injury attorney, several issues popped into my mind. First, I hope that the Ms. Johnson has sufficient bodily injury liability insurance coverage to properly compensate the innocent victims in this crash. Second, I hope that the family of the accident victims were wise enough to purchase Uninsured/Underinsured Motorist coverage as part of their automobile insurance package.

Last, I am curious about whether the accident victim and/or the child were wearing safety belts. On first impulse, it is easy to assume that the lady and the child were not wearing seatbelts at the time of the crash because they were both ejected. However, many victims of rollover accidents are ejected -- even though they were wearing seatbelts. Experience tells us that there is something about the forces placed upon the vehicle -- and the bodies inside -- during a rollover that cause the human body to contort is such a way that it can actually slip out of a seatbelt and shoulder harness.

If you have any questions about rollover accidents, or serious rear-end crashes, you can call Orlando personal injury attorney Kim Cullen, and have your questions answered for free. Call Kim at 407-254-4901.

Local Officials Consider Future Of Four Loko | Orlando Personal Injury Lawyer

Tue, 16 Nov 2010 08:00:00 EST

Orlando's 13 news recently reported that Lake County School Board officials met in early November to discuss how Lake County schools should address the dangers to students presented by caffeinated alcoholic energy drinks such as Four Loko. I am going to go out on a limb and predict that this won't be the last government agency in Florida to tackle the hazards presented by this dangerous product.

For those unfamiliar with Four Loko, it is a 23.5 ounce alcoholic beverage manufactured by Phusion Projects out of Chicago, IL. Four Loko is 12% alcohol by volume, making it stronger than beer or wine, but not as strong as a shot of hard liquor. Phusion then ads caffeine to the mix -- the equivalent of a large Starbucks coffee.

Known as "blackout in a can", Four Loko became popular on college campuses. Consumer advocates and college administrators voiced concern over the marketing of the product which comes in brightly colored cans and sweet, fruity flavors. Colleges across the country recently reported the aftermaths of parties featuring Four Loko and other alcoholic energy beverages where students had to be rushed to hospitals for care. Health experts believe that the caffeine in the beverages keep drinkers from fully realizing their actual level of intoxication, sometimes causing overindulgence.

Prior to November 16, 2010, a least five states had banned, or were taking steps to ban, Four Loko from being sold in those states (Michigan, Oklahoma, Utah, Washington, and New York). Officials in Massachusetts were preparing to heavily regulate the sale of Four Loko when Phusion Projects abruptly announced that it was changing the products formulation, and removing the caffeine.

Although this change is certainly welcome, it comes too late for some young people who have been seriously injured, and worse, after drinking Four Loko. Lanae Cummins is an 18-year old from Phoenix, Arizona, who suffered serious spinal injuries after attempting to drive after consuming Four Loko. Closer to home, allegations have been raised that a Winter Park High School student who was hit while crossing Aloma Avenue may have consumed Four Loko before trying to cross the busy roadway.

If you know of anyone who has had a negative reaction to Four Loko, or who has been injured after consuming Four Loko, we would like to learn more about it. Please call Orlando personal injury attorney Kim Cullen at 407-254-4901, or enter your contact information at www.cullen-law.com.

Workers' Compensation May Only Be Start For Cocoa Beach Police Officer

Thu, 11 Nov 2010 08:00:00 EST

Orlando's 13 News ran an interesting piece today about a Cocoa Beach Police Officer who was injured last night while investigating a traffic accident and fight outside of Cheater's Gentlemen's Club on State Road A1A in Cocoa Beach.

Apparently, a fight had erupted after a hit-and-run accident either in the Club's parking lot or on the adjoining road. The person who originally fled, David Diemer, of Cape Canaveral, apparently returned to the scene of the original hit-and-run, hit the investigating Cocoa Beach Police Officer, other vehicles, and a pedestrian, and fled again. Mr. Deimer was eventually caught, but not until he had already injured the Officer and the pedestrian and perhaps others.

As an Orlando personal injury attorney, the first thing that struck me about this story is how closely it resembles some of the fact patterns we were presented by our professors in torts class in law school. This whole event is mess, but presents some interesting legal issues.

First, the Cocoa Beach Police Officer is fortunate that he will have Workers' Compensation benefits to assist with his medical bills and lost wages. Although the Workers' Compensation system is extremely unfair toward workers, hopefully the Officer will receive the basic care that he needs.

Even though he is entitled to Workers' Compensation, the Officer is still free to pursue a personal injury claim against the negligent driver. In this instance, however, there may not be a lot of benefit to doing that unless Mr. Deimer has unusually high policy limits. Unfortunately, it sounds like Mr. Deimer injured several people with his driving, and therefore may be facing multiple claims against his insurance policy.

Hopefully, the Officer carried Uninsured/Underinsured Motorist coverage on his own, personal vehicles. If he did, then he would be able to make a claim against his own insurance company UM benefits for the negligence of Mr. Deimer.

The other angle that might warrant more exploration might be to do further investigation into the circumstances behind this fight, and how this fight might have placed the police officer in a position to be endangered by a negligent driver. The news story suggests that bouncers may have been involved. Bars can be help liable if their bouncer employees endanger patrons or other by virtue of their actions.

if you have any questions about car accidents, or the circumstances under which a business can be held responsible for injuries, call Orlando personal injury lawyer Kim Cullen at 407-254-4901.

Owner Of Car Responsible For Hit And Run Death Of Teenager

Thu, 04 Nov 2010 08:00:00 EST

Multiple Orlando media outlets have been reporting (this, and this, are examples) about the tragic wrongful death of a University High School student in front of his home on Valencia College Lane in East Orlando. The teenager's brother, also 15, was also struck and sustained serious injuries.

Apparently at 6:30AM on Wednesday, November 3, 2010, a white 2001 Pontiac Grand Am owned by Eric Wydra made its way off of the roadway on Valencia College Lane and into the grassy area in front of the teenagers' home. Both boys were struck by the car, then the vehicle left the scene. However, debris from the vehicle -- its entire front bumper -- were left at the scene, so law enforcement knew what kind of vehicle they were looking for.

Later in the day, police received a tip from a retired firefighter about a vehicle in a Publix parking lot that, to the experienced firefighter, looked like it had recently been involved in some kind of incident. Apparently, the Grand Am had a cracked windshield and was missing a bumper. Police waited until the driver of the vehicle returned with groceries. Eric Wydra was the person who showed up.

At this point, police cannot tie Mr. Wydra to the scene of the accident, and so far Mr. Wydra isn't talking, other than to tell Channel 9 News that he didn't hit anyone.

As an Orlando personal injury lawyer who has represented many families in wrongful death traffic accidents, my heart goes out to the family of these teenagers. Not only have they lost a precious member of their family, but they also have a child that they will have to care for through some very serious injuries. I sincerely hope that whoever was driving the car (I suspect it was Mr. Wydra) is brought to justice for vehicular manslaughter.

On the civil side, regardless of whether Mr. Wydra wants to admit that he was driving, the owner of the vehicle is responsible for paying any damages or injuries caused by the vehicle, under Florida law. I am actually going to hope -- for the grieving family's sake -- that Mr. Wydra is not the owner of the vehicle. It appears from media reports that Mr. Wydra has a long history of traffic problems, and may currently be driving on a suspended license. This suggests to me that Mr. Wydra may not have insurance to answer from the injuries his vehicle has caused. This would be a second injustice to the teenagers' family. In such case, I hope that somebody else owned Grand Am, and I hope that the teenagers' family has Uninsured/Underinsured motorist coverage.

If you have any questions about a Florida car accident, call Orlando personal injury lawyer Kim Cullen at 407-254-4901, or visit www.cullen-law.com.

Consumers Could Lose Right To Bring Class Actions

Thu, 04 Nov 2010 08:00:00 EST

I just happened upon this article in the Los Angeles Times, written by David Lazurus. Mr. Lazarus wrote about an important upcoming United States Supreme Court case called AT&T Mobility vs. Concepcion. At stake in the Concepcion is essentially whether a corporation has the right to include a provision waiving its customer's right to join a class action lawsuit in the fine print of an agreement.

In the Concepcion case, the Concepcions claim that they purchased a cellular phone from AT&T that included a second, free phone. After the activated the phone, they realized that AT&T was actually billing them numerous fees for the phone. The Concepcions believed that this was wrong, and found out that other Californians were upset about the same thing. Eventually all of the upset customers joined together and filed a class action against AT& T Mobility.

Each of their claims probably had a value in the range of a few hundred dollars, but when bundled together in a class action, the total value of the claims might have been a few hundred thousand dollars, or even over a million dollars.

AT & T countered with the argument that all of these customers had waived their right to bring a class action in the fine print of their cell phone service agreements, and that they would all have to attend binding arbitration, instead -- according to the terms of the contract that AT & T admittedly drafted.

Despite not receiving a lot of publicity, this case is incredibly important to those interested in civil justice. The plain fact of the matter is that without class action lawsuits, or at least the threat of such claims, large corporations have a huge economic advantage over most customers, and have little motivation to do the "right" thing.

Using the Concepcion case as an example, how likely is it that a customer who has a dispute with a corporation over a few hundred dollars would ever spend the money to hire an individual lawyer to prosecute such a claim. The only hope that such a person has of realizing justice is to bundle together enough claims to make make prosecuting the claim more efficient.

Not surprisingly, a phalanx of large corporate interests have filed briefs in this case. Many commenters believe that the current Supreme Court is extremely pro-big business, so is likely to rule with AT & T. It will be interesting to see what happens.

3 More Pill Mill Doctors Busted in Orlando, Kissimmee, and Winter Haven

Tue, 02 Nov 2010 08:00:00 EST

Central Florida communities and law enforcement continue to struggle with the proliferation of pain clinics, also called "pill mills", along the Interstate 4 corridor. In the past few days, three physicians from Orlando, Kissimmee, and Winter Haven have been arrested for trafficing in oxycodone. As I have previously posted, what was once a problem focused in South Florida, appears to have now found its way into our neighborhood.

Dr. Ernesto Juan Perez was recently arrested in Winter Haven after drug agents reported that his unlicensed pain clinic provided oxycodone prescriptions to several undercover agents without any physical examination or any other medical testing. Apparently two undercover agents received 120 doses of oxycodone in one visit.

In Osceola County, Dr. Jose Menendez was arrested after an undercover drug investigation in Sarasota County uncovered massive amounts of oxycodone in the possesion of drug dealers -- much of the oxycodone contained in bottles prescribed by Dr. Menendez.

Finally, Orlando physician, Dr. Mladen Antolic, was arrested at his home in Hunters Creek and charged with trafficing oxycodone. While serving a search warrant, drug agents also found 34 grams of cocaine, over 1500 oxycodone pills, and 250 Xanax bars.

Obviously, there are numerous societal reasons why these pill mills need to be shut down. Chief of these is probably the risk that is created when people are provided with easy access to this much strong medication. The danger of prescription drug overdose is very real in the Orlando, Osceola County, Polk County area. Over 30 deaths from prescription drug overdose have been reported this year in Orange and Osceola Counties.

If somebody close to you has unfortunately been killed by a prescription drug overdose, Orlando personal injury lawyer Kim Cullen would be happy to answer your questions and discuss your legal rights. Call us at 407-254-4901.

Fatal U-Turn Motorcycle Crash On Semoran Boulevard At Hibiscus

Sun, 31 Oct 2010 08:00:00 EST

Semoran Boulevard in Orlando was the scene of another traffic fatality this weekend when a motorcyclist was killed in a crash near the intersection of Semoran Blvd. and Hibiscus Road.

According to the Orlando Sentinel, a 20-year old motorcyclist was killed in the northbound lanes of State Road 436 when his motorcycle struck the rear of an SUV being driven by Patricia Reahard, of Naples. Apparently, Ms. Reahard had been travelling southbound on Semoran when she decided to make a u-turn at the intersection of Hibiscus Road. Seemingly, Ms. Reahard's vehicle made it through its turn, but into the way of the oncoming motorcyclist.

The Orlando Sentinel story does not indicate whether Ms. Reahard was charged, but as an experienced Orlando personal injury attorney it seems the her u-turn violated the motorcyclist's right-of-way. Drivers must make sure the way is clear of oncoming traffic before executing u-turns. In our experience, drivers often miss seeing motorcyclists -- even when they are plainly there. Unfortunately, very few car vs. motorcycle crashes end with only minor injuries.

If you have questions about Orlando car accidents, call Kim Cullen at 407-254-4901.

Employee Using Hearse For Child Sexual Abuse Puts Funeral Home At Risk

Wed, 27 Oct 2010 08:00:00 EST

I have to say that I pretty disgusted when I read this story out of Daytona Beach involving a funeral home employee who was using his company's hearse to sexually molest young girls. Apparently, Michael Campbell -- who also lists "pastor" as one of his occupations -- used his employer's hearse to transport different underage girls to Daytona-area hotels, as well as his apartment where he would sexually exploit them.

Campbell used a classic, old Hollywood trick -- telling the young girls that if they posed for revealing photographs for him, and performed in "skits" with him, they might be discovered and become the next Beyonce or Brittany Spears.

Apparently, Campbell used his employer's hearse as a "set" for a least one photo-shoot with 15-year old girl, after having the girl help him drop off a dead body at the airport.

My first impression upon reading the story was how creepy it was to use a hearse to lure young girls into this type of activity. To me, it seems like the involvement of the hearse makes these crimes more sinister, somehow.

As an Orlando child sexual abuse lawyer who has handled negligent hiring and negligent supervision cases against organizations like schools, treatment programs, and mentoring programs, I am always sensitive to situations where a professional organization or facility is used by a sexual predator to further his crime. In this instance, it would be interesting to learn how much supervision Mr. Campbell was receiving from his funeral home employer.

For example, did they ask him to account for all of the hourse that he had that hearse? Did they ask him why he was transporting 13 and 15-year old girls in the hearse, or why he was taking them with him to drop dead bodies off at the airport? Did Mr. Campbell show any signs that he had some fascination or attraction with very young girls?

In our experience, there is almost always a pattern of behavior leading to these tragic acts -- but somebody has to have their eyes open.

What do you think? Comment below, or e-mail or give us a call at 407-254-4901.

One Dead After Head-On Collision On Highway 60 In Osceola County

Mon, 25 Oct 2010 08:00:00 EST

The Orlando Sentinel provided this tragic story about a horrendous crash on Highway 60 in Osceola County. Apparently, William Wilke, of Boynton Beach, was heading eastbound on State Road 60 near Peavine Trail when his vehicle drifted across the center line and struck a sport utility vehicle heading westbound carrying three passengers.

The driver and one of the passengers of the sport utility vehicle suffered minor injuries, but the two other passengers received injuries serious enough that they were transported (presumably by helicopter) to Orlando Regional Medical Center for treatment.

Meanwhile, once the Wilke vehicle came to rest following the initial collision, it was apparently hit by a semi-tractor trailer being driven by Danny Frederick of Burnside, Kentucky. Tragically, Mr. Wilke was pronounced dead at the scene.

It is no known whether Mr. Wilke was killed as a result of the initial collision, or whether the impact by Mr. Frederick's tractor trailer caused his death. The Florida Highway patrol reportedly is still investigating this crash.

Orlando personal injury attorney Kim Cullen has handled thousands of Florida automobile accideet cases. Call Kim at 407-254-4901 with questions.

Fatal Crash On Highway 60 In Osceola County Leaves Unanswered Questions

Mon, 25 Oct 2010 08:00:00 EST

Reading about a tragic and fatal automobile accident at Highway 60 and Peavine Trail near Kennansville in Osceola County made me pause to consider how important accident investigation and accident reconstruction can be to family members in a wrongful death case.

In this instance, William Wilke, of Boynton Beach, was killed in a multiple vehicle crash in Osceola. Reportedly, Mr. Wilke's eastobound Chevrolet Aveo somehow got into oncoming westbound traffic and collided with an S.U.V. carrying multiple passengers. It is difficult to know the extent of the impact of this crash because, while two of the S.U.V. passengers were immediatley taken to the hospital, two others reportedly suffered only minor injuries.

After the initial impact and after his vehicle came to rest, Mr. Wilke's Aveo was reportedly the impacted by a semi-tractor trailer being driven by Danny Frederick, of Burnside, Kentucky.

Mr. Wilke was pronounced dead at the scene, but no word has been issued as to whether Mr. Wilke was killed as a result of the initial impact with the S.U.V. or after being hit by the semi.

In my experience as an Orlando personal injury attorney, this kind of information is often critical to a family who has lost a loved one. Families are often desperate to know exactly what happened to their loved one, and to know if there was any way that their loved one could have survived. Families are often sometimes interested in knowing whether their loved one shared any responsibility for causing his own death, or whether some other entity was responsible.

In this instance, a thorough accident reconstruction and/or an autopsy could reveal that Mr. Wilke survived the initial impact with the S.U.V. If this was the case, then it would be interesting to know how much time Mr. Burnside had to see the first impact and either hit his brakes or avoid the vehicles that has been involved in the first impact. The speed and following distance of the semi-tractor trailer might also shed some light on what happened out there.

Hopefully, the Florida Highway Patrol will issue some follow-up information about this crash.

I-4 Expansion Forces Government To Pay Money For Property

Wed, 20 Oct 2010 08:00:00 EST

A story on Central Florida News 13 got to thinking about lawsuits and how our society places value on property. The story involved dozens of lawsuits filed by the Florida Department of Transportation (FDOT) against property owners all along Interstate 4 in Orlando. The FDOT is attempting to widen I-4, and needs the land to do so.

This is a process called condemnation, or eminent domain. Because property rights are so important in our country, any government that wishes to take land for pubic purposes such as building roads, or parkland, must fairly compensate the landowner for the property taken. Sometimes governments and landowners can reach agreements on a fair value, and sometimes they can't.

Hearing that the FDOT has filed dozens of lawsuits suggests to me that either the State of Florida is trying to get this land on the cheap, or that landowners are not facing the harsh reality of the real estate market in Florida. After all, figuring out what these properties are worth is not easy. Like residential properties, these properties can be assessed based on comparable or similar properties. However, extra analysis must be made concerning how property remaining with the original landowner may be affected, how the property at issue might have been developed or used to generate revenue, and the like.

The nice thing for landowners is that they have an absolute right to fight for every dollar that their propery is worth. Further, landowners can do this on the government's dime as the law REQUIRES the goverment to pay the landowners' attorneys' fees and costs associated with proving the fair value.

This is similar to the way that we handle Florida insurance disputes - where insurance companies can be made to pay a fee when we legally force them to pay claims.

Call us if you have any questions about eminent domain, condemnation, or insurance problems at 407-254-4901.

Greedy Mortgage Company Rebuked By Court In Insurance Dispute Over Fees

Mon, 18 Oct 2010 08:00:00 EST

The United States Fifth Circuit Court of Appeals has rejected a claim by a mortgage company that it was entitled to cheat an attorney out of attorneys' fees that he had won in an insurance dispute, according to a story on the Insurance Journal website.

The original insurance dispute arose over the a disagreement between a woman and her homeowner's insurance carrier over damage to her home caused by Hurricane Katrina. The homeowner could not work out a compromise with her company, so she hired a lawyer who handled the case on a contingency fee basis. The lawyer was successful in obtaining additional money from the insurance company, so his contract with the homeowner entitled him to be paid from the proceeds of the settlement.

However, before the lawyer could be paid, the mortgage company for the homeowner stepped in and claimed that it was entitled to 100% of the insurance monies -- effectively seeking to take for itself the attorney's hard-won fees.

Fortunately for the homeowner (and her lawyer) the federal trial court, and now the Fifth Circuit Court of Appeals, have affirmed that that the mortgage company can not take the atttorney's hard-earned fee under Louisiana law.

This story struck me for a couple of reasons. First, it seemed obvious to me what an injustice it would be for the mortgage company to take the entire settlement. After all, there is no denying that the lawyer played a critical role in securing additional insurance benefits. But instead of being happy or thanking the lawyer for getting the extra money, the mortgage company sought to shaft the attorney completely and pay him nothing. That just seem unjust (or worse) to me.

Second, I wondered what kind of chilling effect an opposite decision by the Court here might have. It seems clear that if a lawyer cannot rely upon his contract in order to get paid, and if a mortgage company would be allowed to unilaterally move into a case and decide to take away a hard-won fee or not pay a fee at all, that very few lawyers would devote time in their practices to fighting hard for consumers against insurance companies in insurance disputes.

Residents Question Safety Of Deadly Crosswalk At Aloma and 436

Mon, 11 Oct 2010 08:00:00 EST

Fox 35 News had an interesting follow-up piece regarding the section of Aloma Avenue where a Winter Park teenager was hit by two cars and killed on October 9th. Tragically, Kason Bailey was crossing Aloma Avenue near Tangerine Avenue in the Goldenrod area returning to his apartment complex after shopping at a nearby strip mall. Apparently, Kason was not crossing in a crosswalk when he was hit.

Local residents say that, although there are painted crosswalks across Aloma Avenue, the crosswalks are virtually worthless. Motorists travelling down Aloma are generally in the flow of traffic at 45mph to 50 mph, and regularly ignore the painted crosswalks. Slowing or stopping for people in the crosswalk is the exception, rather than the rule. Residents say that Kason Bailey's is not the first wrongful death to occur involving pedestrians who live in the area. Neighbors have pleaded with officials to install additional traffic stop lights on this residential stretch of Aloma.

Apparently, the publicity surrounding Kason's death is having one positive effect. Orange County government officials have pledged to take another look at the safety of the crosswalks, and have promised that if they believe the area is dangerous, that immediate changes will be made.

As an Orlando personal injury attorney who has seem more than his share of serious injuries and deaths in this area, I have to admit to being skeptical.

Should Government Share Some Liability For Death Of Teen On Aloma?

Mon, 11 Oct 2010 08:00:00 EST

Central Florida was shocked by the recent news of the tragic wrongful death of Kason Bailey, a 17-year old Winter Park High School football player. Kason lived in an apartment complex along busy Aloma Avenue, just east of State Road 436 near Goldenrod. Apparently, Kason had been a store across Aloma from his apartment complex, and was trying to make it home. Instead of crossing in a painted crosswalk, Kason crossed elsewhere and was hit by two cars and killed.

Many of the people who live along this residential stretch of Aloma have reported that they have been complaining for years about how difficult it is to cross Aloma safely. Several years ago, government traffic authorities installed several painted crosswalks in the area. However, no traffic control devices were installed to control the cars that regularly travel 45 mph or faster on Aloma. Drivers never have -- and never will -- stop their cars on such a busy road, just because someone is in a painted crosswalk.

As a result, neighbors say they often have to wait 15 to 20 minutes to cross Aloma -- trying to use the crosswalk. Naturally, people resort to crossing wherever they can, whenever they can. Obviously, this is a recipe for disaster -- as the family of Kason Bailey have found out.

My natural instinct when I hear a story like this is to say to myself, "What about Orange County and the traffic authorities? The residents complained and told them that the crosswalks weren't good enough, and that the area remained dangerous. Shouldn't the traffic authorities bear some responsibility for making this area safer -- partcularly when the government knows about the danger?"

Unfortunately, Florida state law provides immunity to governments for planning level functions. Planning level functions have been held to be operations such as deciding where to place traffic lights or stop signs, or deciding what kind of arrows or lines to draw on the streets.

In cases like this one, governments almost always try to hide behind the cloak of immunity. Many times it takes an experienced personal injury lawyer to file the proper legal motions in order to defeat claims of immunity. If immunity can be defeated, then people like those living along Aloma Avenue get to tell their stories, and juries get to decide if the government should have done more.

What do you think?

What Will Insurance Do To Avoid Accepting Responsibility For Accident?

Tue, 05 Oct 2010 08:00:00 EST

Today I came across an interesting -- but unsurprising -- blog post by Fairfax, Virginia, super personal injury lawyer Ben Glass. In his post, Ben describes a personal injury case he is handling for a client who was injured when an impatient driver tried to avoid stopped traffic by passing on the right.

Apparently, the negligent/impatient driver was issued a traffic citation, but did the right thing by pleading guilty to the infraction and paying the fine.

When Ben's office could not resolve his client's personal injury claim, he did what any other good personal injury lawyer would do -- he honored his oath to be a zealous advocate for his client and filed suit.

Apparently, USAA is the negligent driver's insurance company. In keeping with standard insurance company protocol, USAA selected, paid, and directed an attorney to represent the negligent driver. When the negligent driver was asked to admit that he had admitted guilt, his lawyer filed a response that stated that his client did not possess enough information to admit it. Keep in mind this is the same client who recently personally plead guilty and paid the traffic fine.

The point of Ben's excellent blog post was that injured people take a lot of heat in the media and corporate propaganda for filing "frivolous claims". Meanwhile, insurance companies and their representatives file court papers like these all the time with virtual impunity. Very, very rarely is there any negative consequence to one of these defendants for asserting such a clearly frivolous defense.

Unfortunately, situations like these are not limited to Ben Glass' clients, or injured people in Virginia. Defendants assert frivolous defenses in Orlando personal car accident claims all the time. It would probably be shocking for non-lawyers to learn how many times defendants (albeit through their insurance companies and their selected lawyers) in straightforward rear-end accidents, refuse to admit liability and accept responsibility for their carelessness.

If insurance companies assert these kinds of defenses in cases where experienced personal injury lawyers are involved, imagine how they treat injured people who elect to handle their own claims? If you have a story about how an insurance company treated you in defending a claim, I would love to hear about it.

Military Learns of Devastating Effect of Traumatic Brain Injury

Sun, 03 Oct 2010 08:00:00 EST

There was very interesting article in today's Washington Post concerning the U.S. military's efforts to fully understand and treat traumatic brain injury in soldiers returning from Iraq and Afghanistan. In the last 10 years or so, scientists have made exceptional advances in our understanding of brain injury and its varying effects on individuals.

For example, the article points out that even though an individual has no visible signs of injury, a blow to the head or a whiplash or coup-contra-coup injury, can cause injuries to neurons and brain chemistry that can significantly change that person's brain function and/or personality. The surgeon general of the United States Navy admitted that it has taken a long time for the scientific community to accept this.

The article also addresses the difficulty that doctors and other healhcare professionals face in treating victims of traumatic brain injury. Many victims must relearn or be taught behavior modification, and alterations in the patients' brain chemistry makes finding the right drug for treatment very challenging. Further, impulsiveness and lack of appreciation for consequences also make things difficult for the families and loved ones of traumatic brain injury victims.

Anyone interested in learning the basics about traumatic brain injury should read the article.

Orange County Begins Effort To Put Strict Limits On Pill Mills

Thu, 30 Sep 2010 08:00:00 EST

Orange County leaders announced a concerted effort by Orange County Government to limit the proliferation of pill mill pain clinics in Orange County. Mayor Richard Crotty and Sheriff Jerry Demings discussed a new ordinance they are working on that they hope will curb the growth of pain clinics in the local area. Right now, there a 61 self-described pain clinics in Orange County.

Mayor Crotty has a legal team researching ways to keep the wrong kinds of pain clinics from opening in Orange County. One way they have discussed is prohibiting "cash only" pain clinics. Another solution they have discussed is rigorous background checks of pain clinic workers to make sure that people with histories of drug abuse or drug trafficking are not involved with these businesses. County officials also plan to limit the hours of Orange County pain clinics, as well as establish minimum parking and other business requirements.

Orange County and Mayor Crotty are responding to new statistics showing the wrongful deaths by prescription drug overdoses are soaring.

For the time being, and until the County actually gets around to passing an ordinance, the best the County can do is to make it publicly known that Central Florida is going to become inhospitable to pill mills.

Orange County Moves To Limit Growth Of Pill Mills

Thu, 30 Sep 2010 08:00:00 EST

Orange County Mayor Rich Crotty and Orange County Sheriff Jerry Demings appeared at a press conference today to announce a unified effort to stop the growth of illegal pain clinics in Orange County. Both men stated grave concern with statistics showing increases of prescription drug overdose deaths across Florida.

Mayor Crotty said that Orange County plans to propose and pass an ordinance that will limit the kinds of people who can own and run pain clinics. A new ordinance will also establish standards for parking and business hours, and will attempt to do away with "cash only" pain clinics.

I think Mayor Crotty and Sheriff Demings should be applauded for their focus on this very important issue. I don't agree with these gentlemen on everything, but I agree that pill mills are a problem that must be addressed sooner, rather than later. Some might even argue that something could have been done sooner.

Nevertheless, I like the fact that these guys had their press conference today. I like the message that this sends to the people who might be interested in opening one or more pill mills in Orange County -- even though the County isn't ready to pass an ordinance yet.

As an Orlando personal injury attorney who has lost more than one client to a prescription drug overdose after painful accidents, I fully support their taking time to make sure they get an ordinance that has been carefully considered, and artfully crafted. At the same time, some caution should be exercised with this ordinance. Legitimate pain clnics serve a well-recognized, vital, and important role in the care of chronic pain patients. Orange County doesn't want to create an environment where legitimate, high-quality health care is compromised in the name of catching or restricting criminals.

Crackdown Continues On Volusia and Seminole County Pill Mill Pain Clinics

Tue, 28 Sep 2010 08:00:00 EST

Law enforcement and regulatory officials were busy this week in Seminole and Volusia Counties as state and local authorities moved to shut down three pain clinics that officials referred to as Pill Mills. Local media reported (here, and here) on the arrests of Drs. Neil Stringer and Ralph Chambers, Jr., in connection with two pain clinics that they owned and operated in Sanford and Orange City. On the same day, the Florida Department of Health revoked suspended the medical license of Dr. Ataur Rahman -- who owned and operated a pain clinic in Port Orange -- while law enforcement officials conclude an investigation into his pain medication prescription practices.

Apparently, Drs. Stringer and Chambers -- who operated clinics under the moniker "New Hope" -- had been under investigation for five years. Law enforcement officials first became suspicious of the doctors after prescription overdose deaths had been connected with their clinic. A review of pharmacy records showed that the New Hope clinics were responisible for prescribing 190,000 pain pills over a three month period. Although severa pain medications were prescribed, oxycodone was by far the most frequent. As I have written previously, Florida pain clinics are some of the nation's largest prescribers of oxycodone.

Undercover investigation of the New Hope clinics revealed the physicians often prescribed medication without performing physical examinations. Prescriptions were sometimes issued for family members of undercover agents who were not even present. Further, powerful pain medication was prescribed to a patient who admitted to having recently tried to kill herself by pain killer overdose. Many of the clinics' frequent patients had criminal backgrounds and histories of problems with prescription drugs.

On the hand, the investigation against Dr. Rahman was only a few months old. The probe began in response to complaints from pharmacies, families of patients who were being provided with large amounts of drugs, and other concerned citizens. It is important to note that Dr. Rahman has not been charged with any crime as of the time of this writing.

A common aspect of both stories is that all of the involved clinics were essentially "cash only" businesses, although the New Hope clinics also apparently accepted some Medicaid payments. Of course, accepting cash only is one way of avoiding a paper trail that could be used to track drug purchases.

Pill mills are a growing problem in Central Florida. I commend the authorities for getting tough on the people prescribing all of this medication. At the same time, as an Orlando personal injury attorney I understand the importance of legitimate pain clinics to the care of people with chronic pain problems.

What do you think? How do we find the right balance here?

Orlando Shooting on Kirkman, Crash Leads to Several Injuries

Mon, 27 Sep 2010 08:00:00 EST

Local media are reporting that shots fired from one car to another on Kirkman Road in Orlando has caused a serious car crash resulting in injuries to at least four innocent people. The Florida Highway Patrol is reporting that a Cadillac was southbound on Kirkman Road when a silver van pulled up alongside the Cadillac and opened fire with a gun.

The shooting caused the driver of the Cadillace to lose control of his vehicle, cross the centerline/median and enter northbound lanes of travel on Kirkman Road. Unfortunately, the Cadillac crashed directly into a Toyota with four occupants. All four occupants were injured -- at least two reportedly severely. Ambulances responded and the Toyota occupants were taken to the hospital from the scene.

The driver and passenger of the Cadillac were found later at HealthSouth Hospital in Ocoee, where one was being treated for a gunshot wound. Neither of the occupants of the Cadillac were willing to speak with police about the incident.

The identity of the owner or driver of the silver van is currently unknown.

Kirkman Road Shooting, Crash, Injuries Show Need For Uninsured Motorist Coverage

Mon, 27 Sep 2010 08:00:00 EST

I recently read a news post that discussed a major Orange County automobile crash with personal injuries on Kirkman Road in Orlando. Apparently, a black Cadillac was making its way southbound on Kirkman Road, when a silver van pulled up next to the Cadillac and began opening fire with a gun. The driver of the Cadillac lost control, crossed into northbound Kirkman, and crashed into a Toyota with four people inside. Video of the damaged Toyota shows how serious the impact was, and how lucky these folks are to be alive.

As an Orlando personal injury lawyer, my thought almost automatically go to the victims of this crash -- the four unfortunate folks in the Toyota. Reportedly, at least two of them suffered significant injuries. I know from experience that these folks each only has $10,000 in Personal Injury Protection (PIP) benefits to cover their initial medical expenses. If they are seriously injured, and been taken by an ambulance to the hospital and received critical care, their $10,000 in PIP is already gone. How are these poor folks going to pay their remaining medical bills, lost wages, and the other consequences that are smackign them in the face right now -- even though they've done nothing wrong.

Normally, they could go after, and make a liability insurance claim against the person or person who caused this crash. Unfortunately, this issue is a little cloudy at the moment. Nobody know who fired the shots that seems to have caused the Cadillace to lose control. Nobody knows what the people in the Cadillac might have been doing at the time that the shots were fired, or whether they had liability insurance at all.

I am going to keep my fingers crossed that one or more of the folks in the Toyota carried Uninsured Motorist (UM) coverage as part of their automobile insurance package. Even if the folks who were injured did not own the Toyota they were riding in, their personal UM could be used utilized to compensate them. I wrote a book that explains in detail what Uninsured Motorist coverage is, and how it works. A free copy of my book, Asleep At The Wheel can be found here.

State Road 436 Head-On Crash In Winter Park KIlls 1, Injures Others

Thu, 23 Sep 2010 08:00:00 EST

Several Orlando media outlets are reporting (here, here, here, and here) about a fatal crash that occurred on State Road 436 (Semoran Blvd.) in Winter Park. According to the Florida Highway Patrol a pickup truck driven by 54-year old Anthony Robinson was travelling norhtbound on 436 when it abruptly attempted to complete a left hand turn across the southbound lanes of 436.

Unfortunately, there was traffic in the lanes of southbound 436. The pickup truck first crashed into the rear driver's side door of a Hyundai. An 18-year old woman from Winter Park was sitting in the rear seats on the driver's side, and was tragically killed by the impact. Three other occupants of the Hyundai -- all young adults - were taken by ambulance with injuries.

One local television station made a point to report that the young woman who had been the victim of the wrongful death was not wearing a seat belt (more on that later).

Meanwhile, after the impact with the Hyndai, the pickup truck careened into a Nissan Altima. The 76-year old driver of the Altima and the pickup truck driver, Mr. Robinson, were also both taken to local hospitals with injuries. The Florida Highway Patrol reported that speed was a factor in the crash, but that no charges had been filed.

My heart goes out to the family of the young woman who lost her life in this motor vehicle accident. As an Orlando personal injury attorney, and father of four children, I can truly empathize with this family.

I wondered why the television station felt it necessary to report about the seat belt at all. Whether it is true or not, it seems kind of callus to me. It seems to imply that this young lady somehow did something wrong (and therefore is somehow responsible for what happened to her.) First, it should be noted that Florida law does not require backseat passengers to wear seat belts. Second, in order for an accident victim's seat belt non-use to be relevant, there must be proof that the failure to wear a seat belt somehow contributed to causing injuries or death. Since this young woman was sitting in the seat where the front of the pickup truck crashed into the Hyundai, it is doubtful that a seat belt would have made any difference.

What do you think?

Video Shows School Bus Driver Texting -- With Children On Board

Wed, 22 Sep 2010 08:00:00 EST

A South Florida television station recently reported about a Brevard County school bus driver who was photographed by her student passengers texting while driving her school bus! Here is just one photgraph taken by a student:

Understandably, students and parents are outraged. As of the time that the story ran, the Brevard County School Board had taken no corrective action against the bus driver.

Ironically, this week the U.S. Department of Transportation is holding a national summit on the dangers of distracted driving. The Department of Transportation has listed texting while driving as the most dangerous thing that a driver can do behind the while because it takes their attention away from what they are supposed to be doing, it takes their eyes off of the road, and it takes their hand off the steering wheel.

As an Orlando personal injury attorney who represents clients injured by distracted drivers, this kind of story stuns me. Obviously, this kind of behavior is extremely dangerous when transporting a bunch of children -- not only to the children, but to other drivers on the road around this huge bus. Hopefully, steps will be taken by the School Board to make kind of behavior unacceptable.

Entertainment Centers In Cars Lead To Distracted Driving, Says Fed

Wed, 22 Sep 2010 08:00:00 EST

The U.S. Department of Transportation hosted its second annual conference on distracted driving today in Washington, D.C. Transportation Secretary Ray LaHood took his opportunity as host to criticize automobile manufacturers' attempts to make cars into mobile entertainment centers. Within the last few months both Ford and General Motors have announced plans to enable their vehicles to be mobile internet hotspots, or to enable drivers to surf the internet, answer e-mail, and post to Facebook. Safety studies show that when peoples' attentions are diverted, or when their eyes move away from the road, or when their hands stray from the steering wheel, accidents rates go up.

Secretary LaHood says he plans to meet with the automakers and work with them on new safety guidelines that place safety over entertainment value. To his credit, LaHood has been very proactive on this issue of distracted driving. He has led the passage of new rules that prohibit tractor-trailer drivers from texting while driving. Similarly, he is pushing a major initiative to encourage corporations to be tough on their own employees about distracted driving.

As a Florida personal injury attorney who specializes in automobile accident cases have been on something of a campaign against distracted driving for awhile now. Whether it is someone driving by an roadside emergency on a cellphone, or a plastic surgeon texting on Twitter, recent stories have made it clear that distracted driving, texting while driving, talking on a cell phone, and/or eating and drinking while driving can be extremely dangerous.

We'd love to hear what you are doing to reduce the risk of distracted driving.

Stunning Video Evidence Against Texting School Bus Driver

Wed, 22 Sep 2010 08:00:00 EST

I just came across this video showing a Broward County school bus driver texting while driving her school bus -- with children on board! I could barely believe my eyes. I couldn't believe that a professionally trained and licensed driver -- who is charged with transporting a very precious cargo -- would be so brazen and careless.

Not only was this bus driver putting the children on the bus at risk, but she is also operating a large vehicle weighing several tons. Her texting while driving puts all of the other drivers on the road at risk for a very serious Florida car accident.

Ironically, I posted a blog on distracting driving just yesterday. Studies conducted by the U.S. Department of Transportation have shown that texting while driving is the most distracting activity any driver can do.

As an Orlando automobile accident attorney who represents people injured by people texting while driving, this kind of story hits too close to home. Hopefully, the Brevard County School Board will take some kind of action against the school driver captured in the students' photos. In addition, hopefully other Florida school boards will see this story and use it as a cautionary tale or training tool for their transportation departments.

Tell us what you think.

Frequent Crashes at I-95 and S.R. 524 Raise Question Of Safety

Tue, 14 Sep 2010 08:00:00 EST

I recently read with interest a story on the Central Florida News 13 website concerning the safety, and perhaps the future, of the intersection of the Interstate 95 offramp and State Road 524 in Brevard County. A woman suffered a wrongful death on Labor Day when she collided with a sanitation truck.

The Cocoa Police Department has worked seven accidents at the intersection so far this year, and two of the crashes have involved fatalities.

Drivers interviewed for the story talk about not being able to see oncoming westbound traffic due to the location of the stop sign and stop bar at the end of the offramp. They report feeling as if they have to pull out further than normal in order to be able to properly see traffic.

At this point, police and others are wondering whether it is time to change the intersection. Apparently every other offramp coming off of Interstate 95 in Brevard County is controlled by a traffic light, not a simple stop sign.

As someone who regularly handles Brevard County personal injury cases, I will be interested to see what decisions are made regarding this intersection.

Government May Have No Liability For Dangerous I-95 and State Road 524 Intersection

Tue, 14 Sep 2010 08:00:00 EST

A Labor Day accident at the intersection of I-95 and State Road 524 which resulted in the wrongful death of a motorist, has spurred some debate about whether the intersection is dangerous and needs to be re-designed or overhauled in some way.

Apparently, this intersection has been the scene of at least seven serious crashes this year -- two of the crashes causing deaths. The intersection is actually the off-ramp of Interstate 95, where it crosses State Road 524 near Cocoa in Brevard County. The intersection is controlled only by a stop sign and stop bar painted across the roadway. Every other I-95 offramp in Brevard County is apparently controlled by electronic traffic signals.

At this intersection, drivers report feeling like they have to pull past the stop bar in order to try to see oncoming traffic. The Florida Department of Transportion is allegedly doing a study to see if the intersection needs to be changed or re-designed.

After I read the initial story, I wondered if the Department of Transportation, or any other State agency could be held liable for allowing this clearly dangerous intersection to exist. After reviewing some caselaw, it appears not. Decisions regarding plan of a road, road alignment, signage, traffic control devices, and improvements or changes to an intersection are called planning-level decisions. In Florida, government agencies are provided with immunity for suit for planning level decisions.

In Florida, governments can only be held liable for operational level decisions. The simplest way to to think about operational level decisions is to ask whether the government created a dangerous condition. If so, the decision would probably be deemed operational.

As an Orlando personal injury lawyer, it doesn't seem just to me that a government agency can have statistical data proving that an intersection is clearly dangerous, and not have any liability for not doing anything about it. I would be anxious to hear what you think.

State Farm Using Clever Propaganda Trick To Discourage Accident Victims?

Mon, 13 Sep 2010 08:00:00 EST

After handling personal injury cases for 17 years, I am still impressed by the efforts that insurance companies sometimes go to to avoid paying claims. I recently came across this YouTube video that, in my opinion, may demonstrate the latest innovation by the insurance industry.

The video appears to be an amateur post of "Fails" by a hip, twenty-something. He talks briefly about a claim for damages seemingly made against a good samaritan who saved somebody else's life. The twenty-something makes some negative remarks about the nerve of a person to make such a claim, but in my opinion his story is short on facts to explain why the claim was made or basis of the personal injury claim. No names were provided, nor any case information cited.

In my opinion, this could be a clever piece of propaganda. It would not surprise me if it was produced directly by State Farm. The young man in the video carefully thanks State Farm for supporting him, and State Farm's logo is flashed twice during the video. When I watched the video, the typed remarks after the video on YouTube featured a link that appeared to direct users to an insurance agent website. To me, this looks like it could be an effort by State Farm to begin indoctrinating the new media generation into being suspect and skeptical of personal injury claims. In my experience, when corporations or politicians try to discourage personal injury claims, they usually find the most outrageous, anti-Plaintiff story they can, and begin treating the story like it is a commonplace occurence.

Orlando personal injury victims need to be aware that insurance companies are constantly looking for ways to avoid being responsible for claims and damages. This type of internet-based video could mean that they are taking their efforts to the next level. This would be bad news for consumers, in my opinion.

St. Cloud Box Truck - Bus Accident Injures At Least 6

Tue, 07 Sep 2010 08:00:00 EST

Channel 6 in Orlando recently reported about a bus accident in Osceola County that left at least six people injured. Apparently, a Central Florida Transit (Lynx) bus was rear-ended by a box truck on U.S. Highway 192 near 10 Street in St. Cloud.

There was no explanation for provided for why the crash occurred other than to say that it was a rear-end accident. In Florida, rear-ending drivers are presumed to be negligent, unless they offer evidence to the contrary to prove that they were not negligent. In my experience as an Orlando personal injury lawyer, I can tell you that it is very rare that there is good excuse for a rear-end accident.

The crash here was severe enough that five passengers on the bus reported injuries and were taken to the hospital. Additionally, the driver of the box truck reportedly suffered a broken foot.

I have previously explained that Lynx bus accidents put passengers in a tough situation concerning how they will need to pay their medical bills. Here medical bills will likely need to be paid by the company that owned the box truck.

Tragedy When Pineapple Truck Crushes Mother And Son In Osceola

Tue, 07 Sep 2010 08:00:00 EST

Orlando's Channel 6 reported a tragic story last week that involved a mother and her two-year old son being crushed to death by truck hauling pineapples.

The crash occurred in Yeehaw Junction, a remote area in Osceola County where Highway 60 and the Florida Turnpike intersect. The Florida Highway Patrol believes that a tractor-trailer rig being operated by Reynaldo Santos was going too fast as it tried to enter the Turnpike via an entrance ramp. It is believed that Mr. Santos' excess speed caused his vehicle to flip over and crush an S.U.V. traveling next to it.

Unfortunately, the S.U.V. was being driven by a 33-year old woman, and her son was a passenger. Both mother and son suffered wrongful deaths as a result of this Osceola County truck accident.

While we do not know why Mr. Santos was speeding, or exactly why he lost control of his vehicle, we know that most truck accidents are caused by driver error or driver inattention. Our hearts go out to the family of the woman and son, and we hope that their family receives justice.

Truck accidents can be difficult to pursue. Check out this short video I made about truck accidents:

Who Was Providing Security When Nightclub Patron Was Almost Raped?

Mon, 30 Aug 2010 08:00:00 EST

Florida law places a burden on bars and restaurants to take reasonable measures to provide a safe atmosphere for their patrons. Sometimes bars and nightclubs don't do such a great job with this and sometimes they face negligent security claims. I read a recent story on Orlando's 13 News that highlighted for me a problem that we often faced when pursuing Florida negligent security claims.

Apparently, Jarel Kent is accused of dragging a woman into the restroom of Shaker's Lounge in Casselberry and attempting to rape her at gunpoint. At some point, the woman's friends were able to rescue her and somehow get the nightclub's security interested in doing something about Mr. Kent.

My first concern when reading the story was how it came to be that a man could drag a woman into a bathroom in the middle of a nightclub, with gun in hand, and attempt to rape her without security having any inkling. It would seem to me that any reasonable nightclub would have some system in place to monitor at least the area around the restrooms, as restrooms in nightclubs are well-known to the be places where potentially illegal or impropr activity are prone to taking place. Certainly, the club should have a bouncer or some other security personnell nearby the bathrooms, generally monitoring what is going on there.

My second concern is whether this nightclub is every going to be help accountable for its negligent security. Unfortunately, many nightclubs and bars carry liability insurance that excludes payment of claims for assault and battery and other violent activity. This means that injured patrons are often stuck trying to collect damages from a bar owner who's revenue is mostly in cash. Very tough to do, indeed.

Any person who is assaulted or battered or who is a victim of violence in a bar or nightclub should call an experienced Florida personal injury lawyer to have all of their questions answered.

Polk County Man On Scooter Killed When Run Over By Semi-Tractor Trailer

Wed, 25 Aug 2010 08:00:00 EST

I just finished reading a Channel 2 news report about a tragic traffic accident that occurred over on the outskirts of Lakeland, in Polk County. Apparently, Polk County Sheriff's deputies said that a 66-year old Lakeland man in a mobility scooter was the in or near the crosswalk of U.S. Highway 92 and Combee Road, when he was struck by a semi-tractor trailer driven by Thomas Davis, of Polk City, Florida.

The collision occurred at approximately 5PM. Apparently, Mr. Davis told deputies that he did not see the man in the scooter in the roadway before the collision. Investigators said that the disabled man died of "extensive trauma" suffered when the heavy truck ran over him.

Tragic stories like this one are difficult to understand. Unlike most pedestrian versus motor vehicle cases we get calls about, this one featured a pedestrian in an assigned crosswalk area. From what we know, it was still daylight, and the intersection where this Florida wrongful death occurred was clear of any obstructions. The intersection looks well-travelled, so any motorist in the area should have been on the lookout for other vehicles, motorcycles, bicycles, pedestrians, and even scooters.

We don't know what Mr. Davis was hauling, or how long he had been behind the wheel that day, but that information might be important in a Florida personal injury case. Hopefully the family of the deceased, disabled man have the assistance of an experience Florida personal injury lawyer.

Reminder: School Back In Session Means School Buses On Roads

Tue, 24 Aug 2010 08:00:00 EST

News Channel 13 reported today on a school bus accident that occurred in Rockledge, in Brevard County, near Kennedy Middle School. One student and two others were injured, with at least two people being taken to a Brevard hospital.

Apparently, the school bus driver did not control the school bus and caused the school bus to have a rear end accident with at least one other vehicle. The bus was on its way to drop off students at Kennedy Middle School.

We don't know exactly what caused this crash, but Florida accident attorney Kim Cullen has seen too many incident recently of drivers -- including bus drivers -- texting while driving. Let's hope this wasn't the case here.

Industries Continue Propaganda Campaign Against Justice System

Fri, 20 Aug 2010 08:00:00 EST

I was interested to see a piece on the Orlando Channel 9 website about two elderly women from Brevard County who have been accused on staging a slip-and-fall accidnet in a Publix grocery store. In support of the story, Channel 9 posted some in-store surveillance video that appears to show one of the women carefully laying down on the ground while the other woman assists her. The reports says that the women have been charged with fraud.

Whenever I see a story like this one, I am always hit by conflicting emotions. First, I am always happy to see people trying to commit fraud caught and punished. People like this make it much more difficult for us to achieve real, deserved justice for our legitimately injured clients.

Second, I am always left to wonder how a story like this really serves as "news". Is a story like this really of vital importance to the community? How did the media come across this "news" story? Did someone in the insurance industry provide this story to the media, and for what purpose? Why does the media never run stories about the numerous people legitimately injured in Florida slip-and-fall incidents who are being ignored, or low-balled, or treated poorly by the insurance industry?

Third, how is it that Publix so easily produce crisp and clear video footage to Channel 9 for this story. In all of my experiences representing people who have been legitimately injured in Publix (and other grocery stores), we are almost always told that the store surveillance video has been erased, or taped-over, or accidentally destroyed. In the rare instances where the stores actually produce video, it is always of horrendous quality so that virtually nothing can be seen.

My final emotion is always that of relief -- relief that this Orlando slip-and-fall lawyer has nothing to do with ladies like these. However, these kinds of stories should be seen as what they are -- small efforts as part of a larger propaganda campaign by big business and the insurance industry to make every personal injury claim seem like fraud. Hopefully potential Florida jurors, and consumers generally, will not be so easily manipulated.

Dog Bite Claims Up 30% In Last 6 Years

Wed, 18 Aug 2010 08:00:00 EST

The Insurance Information Institute is reporting that dog bite claims have increased 6.4% in the last year, and almost 30% over the last six years.

According to the Institute, the average dog bite claim settles for a little over $24,000.00. Over half of human beings injured in dog bites are children, and of those children, the majority are boys between the ages of five and nine years old. Most of the injuries to children are bites and scarring to the face and neck area.

Our experience handling Orlando dog bite cases is similar to the national experience. Most of our dog bite clients have been children, and most of those children have been bitten in the face. The most hearbreaking kind of case for us is seeing the perfect faces of little children torn up and scarred by a dog.

In Florida, owners of dogs are strictly liable for any damage caused by their dogs. Dog owners in Florida are liable even if they do not have to have advance warning that their dog is violence or has any propensity to bite.

Furthermore, we seem to see the same kinds of dogs involved in Florida dog bite accidents. Rottweillers, Pit Bulls, and Poodles seem to be the most prevelent. Let us know what you think.

Large Number Of Unlicensed Drivers In Serious Accidents Highlights Need For UM

Wed, 18 Aug 2010 08:00:00 EST

I recently read an interesting report issued by the State of Kansas Department of Transportation indicating that, in Kansas, almost 10 percent of drivers involved in fatal accidents (i.e. automobile accidents resulting in wrongful death) were driving without any form of drivers license.

The report talked about several ideas to try and force drivers to get (and keep) their drivers licenses from imposing higher fines to impounding the drivers' vehicles. However, the State of Kansas has not decided to do any of these things as they feel like the irresponsible drivers have no assets, and that such efforts would cost the state more than the effort would be worth.

Our experience as Florida accident attorneys is similar to that of the officials in Kansas. We find that a decent number of drivers involved in cases that we handle do not have licenses, but that a much larger number elect not to carry any automobile insurance.

This is why we recommend to all of our clients to carry Uninsured/Underinsured Motorist (UM) coverage. This coverage -- which you must buy from your own insurance company -- protects you from injuries or damages caused by a driver who is irresponsible enough to either not carry a license or not carry insurance.

Feel free to call our office if we can answer any questions that you have about UM coverage.

Tweeting While Driving Takes Life Of Celebrity Plastic Surgeon

Wed, 18 Aug 2010 08:00:00 EST

Tragic news came out of Malibu, California yesterday when it was reported that prominent celebrity plastic surgeon, Frank Ryan, M.D., was involved in a car accident that the California Highway Patrol is attributing to his losing control of his vehicle while tweeting on his mobile phone. Apparently, Dr. Ryan was tweeting near his cliff-side home, when he became distracted by typing on his mobile phone, and drove his car over the cliff.

Texting while driving has been a big problem in Florida for awhile now. Studies show that drivers distracted by texting are as likely as drunk drivers to become involved in accidents.

Earlier this year, the Florida Legislature failed to pass legislation making texting while driving illegal. Tell me what you think about texting while driving.

Seminole High School Teacher Accused Of Sex In Classroom With Student

Mon, 16 Aug 2010 08:00:00 EST

Channel 6 in Orlando is reporting the arrest of a Seminole High School teacher on 17 counts of lewd and lacivious battery on a child, following reports by a 19-year old former student that she was the victim of sexual abuse at the hands of her former teacher four years ago.

Apparently, the relationship began when the girl was 15-years old, and featured the teacher having sex with his student at least 11 times in his classroom, and also at his home.

It will be interesting to see how this case evolves. Of course the teacher is innocent until proven guilty. it will be interesting to see what kind of proof the woman has that this actually happened. One would think that the State of Florida would need to have some kind of proof to charge with teacher with 17 counts of child sexual abuse. It is also curious that the woman waited four years to come forward.

Who Was Supervising Teacher While He Was Having Sex In Classroom?

Mon, 16 Aug 2010 08:00:00 EST

I read with interest a recent story reported in Orlando local media about a Seminole High School teacher who has been accused of sexually abusing a 15-year old girl four years ago. The teacher has been charged by the State of Florida with 17 counts of lewd and lascivious conduct with a child. It has been reported that the teacher had sex with the girl at his home, as well as approximately 11 times in his classroom at Seminole High School.

These cases are always sad to read. First, it is appalling to consider the violation of trust that occurred when this adult teacher decided to have sex with this child. There is no gray area here, and this teacher clearly should have known this.

As a lawyer who has handled my share of these cases in the past, I am more curious about what this teacher's colleagues and supervisors were doing while this teacher had sex with this student 11 times in his classroom. As I have previously written here, organizations like schools and other youth-oriented organizations owe a duty to children to adequately supervise and monitor the adults that will interact with the children. It is difficult for me to believe that this teacher could have had sex with with child in his classroom 11 times if he was being adequately supervised by the staff at Seminole High School.

It will be interesting to see what facts come out during the criminal case. At this point, we don't know what kind of proof was offered against the teacher, but we can guess that it was serious enough that the State Attorney felt comfortable charging him with 17 crimes. It will be enlightening to learn what facts come out about negligent supervision.

Family Of Man Killed Outside Nightclub May Have Claim

Wed, 11 Aug 2010 08:00:00 EST

I am always troubled when I read a story like this one, reported by a local television station, about a man who was apparently shot and killed outside an Orlando nightclub called Chito's Restaurant and Bar, located on East Colonial Drive. Of course, I don't know anything about the man that was shot and killed - but I do know that somewhere there is a mother, or wife, or children, probably grieving.

As a lawyer, I know that businesses can be held liable for failing to provide adequate securty for their patrons when the property owners or managers know or should know that their location is a frequent site of violent or criminal activity. This is not all that difficult to prove, as every local law enforcement agency keeps records of calls made to certain locations or grids by officers. More on that here. Simply put, if a property is dangerous, the people that run businesses there or maintain the property, need to provide adequate security.

The main problem in getting compensation for injured people or their families comes from lack of insurance. Many business owners purchase liability insurance that features so many exclusions that one wonders exactly what is covered in the policy. Unfortunately, many times for bars and nightclubs these exclusions often attempt to preclude coverage for incidents involving assault and battery and/or handguns.

There is no way to know if there is insurance, or if coverage is excluded, without asking. Many people choose to have an attorney makes such a request. An attorney experienced in handling negligent security claims will know what to ask for, and more importantly, will know how to read an always complex commerical general liability insurance policy.

Orange County Deputy Causes Crash That Injures Five

Tue, 10 Aug 2010 08:00:00 EST

An Orange County Deputy Sheriff was issued traffic citations Sunday night in connection with a serious crash that occurred at the intersection of Tanner Road and State Road 50 in Orange County, near Bithlo.

The Florida Highway Patrol reported that the deputy ran a stop sign and pulled his police cruiser into Highway 50 and in front of an oncoming mini-van. The deputy was not on an emergency call, and did not have his emergency lights or sirens engaged at the time of the crash.

The crash was serious enough to require the "jaws of life" to cut the deputy out of his vehicle. A total of five people, including the deputy, were taken to Orlando Regional Medical Center for treatment.

The Florida Highway Patrol should be commended for correctly citing the deputy for causing the crash, as this often does not happen when a law enforcement officer is involved in crash.

Crash Involving Deputy Highlights Unfairness In Sovereign Immunity Law

Tue, 10 Aug 2010 08:00:00 EST

Local media reported that over last weekend an Orange County Deputy Sheriff was cited for causing a crash that sent five people -- including himself -- to Orlando Regional Medical Center. Apparently, the deputy was travelling in his police cruiser near Bithlo, ignored a stop sign, and entered Highway 50 directly in front of a minivan. It is important to note that the deputy was not on an emergency call, so did not have his emergency signal or sirens running. More on the crash here.

What drew my attention to the story was my concern for the people in the other vehicle whose injuries were caused directly by the deputy's negligence or carelessness. Through no fault of their own, we know that they were injured badly enough to require an ambulance ride to the hospital.

What these injury victims probably do not realize is that - regardless of how bad their injuries are, or how many medical bills they incur, or how much loss wage they experience -- their damages have been capped by the Florida Legislature. Under current state law, injury claims against any state agency are capped at $200,000.00 per person, and $400,000.00 total per accident. At first blush this might seem like a lot of money, but imagine having a loved one crippled or needing permanent medical care as the result of a government employee's negligence. Why should governments and their employees not be responsible for all of the damage they cause?

Of course, severely injured folks can go get judgments against government agencies and take their chances in convincing the Legislature to pass a special law to pay them anything over $200,000.00, but this very rarely occurs in reality.

What do you think about the fairness of this law?

Theme Park Lawsuit Faults Disney Monorail Manager For Employee Death

Tue, 10 Aug 2010 08:00:00 EST

Local media is shedding more light on claims being made by the family of a young monorail operator in its wrongful death lawsuit against Walt Disney World. 21-year old Austin Wuennenberg was killed when the monorail he was driving was rear-ended by another Disney monorail that was backing up. Apparently, Disney's lawyers have already admitted that a monorail maintenance worker had failed to flip a track switch, and this failure caused both trains to be on the same track. Further, it appears that deposition testimony has established that the monorail trains came equipped with crash avoidance mechanisms, but that the drivers had been instructed by management to turn them off as they trains were being moved throughout the system.

From my view, the most telling and damaging allegations surround the fact that the monorail operations manager was supposed to be on the premises that night -- but instead was off of Disney property eating at a restaurant. The Wuennenberg family has alleged that, had the manager been in the central operations tower as he was supposed to be, he could have seen the two cars both through the windows and on closed circuit television, and could have radioed the drivers to stop their trains, or simply pressed a "power off" button.

It will be interesting to see how this case progresses. All of the Central Florida theme parks have reputations for vigorously and aggressively defending personal injury and wrongful death claims. However in this monorail case, the evidence seems to be overwhelmingly stacked against Walt Disney World. I wonder if any effort has been made by Disney's lawyers to explore the possibility of a settlement. I wouldn't think that this would be the kind of case that any theme park would want to go to trial.

What do you think?

Two Deland Women Receive Over 200 Stitches After Dog Attack

Thu, 08 Jul 2010 08:00:00 EST

Local media is reporting that two women were recently viciously attacked by what were believed to be two pit bulls near 3rd Avenue in Deland. The women were bitten on their faces, hands, arms, and legs. The dogs were apparently running loose and came around the side of a house as the women walked down the street.

Both women were taken to the hospital where they received over 200 stitched combined. Volusia County officials could not locate the dogs after the attack, so these dangerous dogs would appear to still be loose. Along those lines, nobody knows who owns the dogs, so no dog owner has yet to be held responsible for the obvious personal damage that these dogs have caused.

In Florida, dog owners are legally responsible for the damage caused by their dogs. For more information look here.

Loose Loads Loaded With Liability

Thu, 08 Jul 2010 08:00:00 EST

My thoughts go out to two families who suffered tragedy over the 4th of July holiday in Brevard County. Two couples were traveling northbound on I-95 near State Road 407 when they encountered a barbeque grill. The grill had flown out of the bed of a pickup truck. More on the accident here.

The main point of the reporting by the Florida Today newspaper was that Florida Highway Patrol troopers say that it may take months for them to decide whether to charge, or how to charge, the owner of the grill for failing to secure his load.

From a civil law perspective, and writing as a lawyer who makes his living handling automobile crash cases, I can confidently say that the owner of that unsecured barbeque grill is legally responsible for the deaths and injuries that his loose load caused. It does not matter whether he is criminally charged, or even whether he received a traffic ticket -- neither would be admissible in a civil case in Florida, anyway. We see this often with flatbed trucks that carry very heavy, and therefore dangerous, loads.

If the evidence shows that the owner of the grill did not use reasonable care in securing it to the truck before he made his way on to I-95, he will face responsibility for the damages his carelessness caused. And he should, because securing something like a barbeque grill is just not that difficult. Certainly, nobody should lose a life over it.

Children Thrown From Bed Of Pickup Highlight Danger

Thu, 08 Jul 2010 08:00:00 EST

WFTV - Channel 9 in Orlando recently reported about two young children who suffered serious injuries in a two truck accident in Marion County. Ocala Fire Rescue reported that two boys were riding in the bed of a pickup truck when the truck was hit by another truck. The unrestrained boys were ejected from the truck and suffered serious injuries. One of the boys suffered a head injury and was transported 30 miles away to Shands Hospital in Gainesville.

After following up on this story on the Ocala Star Banner website, it appears that the only charges were against one of the trucks for violating the right of way. There was no mention of any charges for allowing two juveniles to ride in the back of a truck unrestrained.

I did my own legal research and discovered that there appears to be no statute making it illegal for kids to ride in the back of a pickup truck on city streets. There appears to be one covering interstate or turnpike travel, but not for in-city driving.

From my perspective as a personal injury lawyer, I don't care if there is a statute or no -- I believe it is negligent to let kids ride unrestrained in the back of a pickup truck. I believe any driver that lets kids ride in the back of his or her truck should bear full responsibility for any injuries that occur to the children if they are ejected. I don't think this is even a close call.

Loose Barbeque Grill Kills 3 On I-95

Wed, 07 Jul 2010 08:00:00 EST

Florida Today reports that Florida state troopers are still deciding whether to file criminal charges against Daniel Porter in connection with a weekend crash in Brevard County that took the lives of three motorists and seriously injured another. Apparently, Daniel Porter was operating a pickup truck northbound on I-95 near State Road 407 when a barbeque grill that had been in the payload of his truck flipped out of the truck and on to the surface of I-95.

A vehicle containing two couple from Melbourne was traveling behind Mr. Porter on Interstate 95 swerved to avoid the grill and then lost control, spun, rolled, and struck and tree. Three of the occupants were killed in the crash, and one was seriously injured.

Although troopers acknowledged the duty of all motorists to safely secure their loads, no decision has been made regarding criminally charging Mr. Porter.

Webster Car Crash Kills Two

Wed, 23 Jun 2010 08:00:00 EST

Two senior citizens were in serious condition at Lakeland Regional Hospital after being involved in a serious automobile crash in Webster, Sumter County, Florida, last Sunday.

Orlando's Channel 6 is reporting that Kodi Chamberlain and Roger Higby were heading southbound in a 2000 Jeep on State Road 471 when something made them leave the roadway to their right. Apparently the driver over-corrected, causing the Jeep to veer into oncoming traffic headed northbound. Unfortunately for an elderly couple, their's was the vehicle heading northbound.

Both Chamberlain and Higby were ejected from the Jeep, and Channel 6 reports that both men died from their injuries.

Our sympathies go out to the occupants and families from both vehicles. Although we do not know the exact details about the ejections of Chamberlain and Higby, our experience suggests that they were not wearing seatbelts. Ejections very rarely happen when seatbelts are properly used.

First Chinese Wall Jury Verdict Comes From Florida

Wed, 23 Jun 2010 08:00:00 EST

A Dade County jury recently awarded a Coconut Grove family $2.4 million in the first jury verdict in the United States involving defective Chinese drywall. Courts around the country had previously issued legal rulings in insurance cases involving Chinese drywall, but this was the first jury verdict against one of the companies that imported the poisonous building material.

The verdict came against Banner Supply Co., one of several companies that imported drywall from China during the building boom in the middle of the last decade. Although Banner insisted that it had no idea that the Chinese drywall was dangerous, evidence was introduced at trial that the Chinese company that made the wall board had warned Banner of the potential danger. The jury ultimately placed 55% of the blame on Banner, and the remainder of the fault on the Chinese company and one other.

The plaintiffs moved into their Coconut Grove in 2008, and have soon found themselves experience health problems. They moved out of their home and asked Banner to compensate them for renovating their home, for their inconvenience, and for the diminished resale value of their now-stigmatized home. Banner refused to pay for anythign more than renovation costs. The jury awarded substantially more.

This case highlights the importance of the court system in making sure that injured or damaged people are able to be made whole by recovering the full measure of their damages. Many corporations talk about justice and responsibility, but few are wiling to accept FULL responsibility for their actions. Without an open courthouse door, people like this Coconut Grove family would have no way to make a large corporation pay.

Uninsured Motorist Who Killed A Man Is Finally Identified By DNA

Fri, 11 Jun 2010 08:00:00 EST

A former Ocoee woman, Tiffany Tweedy, was finally arrested after DNA evidence suggested that she was involved in a fatal crash on Apopka-Vineland Road in Orlando back in November. On November 14, 2009, a motorcyclist was side-swiped and killed by a Chevrolet Suburban in a motorcycle vs. automobile accident. The driver of the Suburban got out of the vehicle, removed the license plate, and fled on foot. All that eyewitnesses could say was the the driver had mulitple piercings and had long hair.

Florida Highway Patrol troopers were able to salvage DNA from a steering wheel cover and styrofoam cup left in the vehicle. This evidence eventually led to Ms. Tweedy, who was arrested at her new residence in Oklawaha.

Local media is reporting that Ms. Tweedy had no valid drivers license at the time of this crash. This is horrible news for the survivors of this wrongful death victim. Without a valid drivers license it is difficult to conceive of how this driver could have bodily injury liability insurance coverage to pay the damages caused by Ms. Tweedy. Similarly, since the decedent was on a motorcycle, he will likely have no access to Uninsured Motorist benefits. Unfortunately, it looks like the only justice that the family of the dead motorcyclist will enjoy is whatever is meted out by the criminal justice system.

Self-Confessed Pedophile Church Worker Admits To Sexual Contact With Boys

Fri, 11 Jun 2010 08:00:00 EST

Orlando resident Jerry Nickelson confessed to FBI agents that he had sexual relations with at least seven underage boys over the past 20 years. Mr. Nickelson apparently made these relevations while under investigation for multiple counts of possession of child pornography. Mr. Nickelson had been a pastor in a death ministry at First Baptist Church of Central Florida, but the Orlando Sentinel reported that the church insisted that Mr. Nickelson did not work with children at the church.

Interestingly, Mr. Nickelson told investigators that he had been "diagnosed" with pedophilia back in 1993 and had received counseling twice, but that he was still attracted to underage boys.

As we have previously discussed here, here, and here this story seems to repeat itself over and over. In our experience representing children who are the victims of sexual abuse, the people who perform these acts generally do not do it on a "one time only" basis. In our experience, these sexual predators keep seducing and abusing children until they are caught and put in jail.

Similarly, we see a lot of these offenders working around churchs, daycares, schools, and youth programs. Just because the church in this story said Mr. Nickelson's ministry didn't involve children, it would very unusua in our experience if he had not had regular contact with children during his activities at the church. It would be interesting to know what steps the church took to find out about Nickelson's background and prior "diagnosis" back in 1993.

13 Injured When Lynx Bus Rearended on Highway 50

Tue, 08 Jun 2010 08:00:00 EST

A Lynx bus full of passengers was rear-ended this afternoon on Highway 50 near I-4. Local media is reporting that 12 people on the bus reported injuries, and that the driver of the car that rear-ended the bus was seriously injured.

Local fire rescue was dispatched to the scene and triage areas were set up to treat injured passengers. Several were taken by ambulance to local hospitals, including one main who complained of severe chest pain.

Traffic on Colonial Drive was shut down for some time while the accident scene was being worked by first responders.

Click here for video of the accident scene.

Lynx Bus Crash On Highway 50 Highlights Challenges Faced On Bus Accident Cases

Tue, 08 Jun 2010 08:00:00 EST

Local media are reporting a crash on Highway 50 in Orlando involving a Central Florida Lynx bus and a smaller automobile. Evidence at the scene and from eyewitnesses indicates that the smaller vehicle rear-ended the Lynx bus. There was significant damage to the front of the small car. 13 people were reported injured -- 12 of them from the bus and the driver of the offending car. Fire rescue and several ambulances were dispatched to the scene. Several bus passengers were taken by ambulance to local hospitals.

When I read the story and wrote about it on my website, I started feeling bad for those bus passengers. Based upon experience handling bus accident claims, I know that bus accident victims face challenges that people injured in regular car accidents do not have to face.

For example, since a bus is not defined as a "motor vehicle" under certain Florida statutes and automobile insurance policies, injured bus passengers do not have access to Personal Injury Protection (PIP) in order to get their medical bills paid, like car crash victims do. Additionally, it sounds like there were more than 10 people injured in this bus accident. Unfortunately, each of the passengers is going to be vying for compensation out of the same pot of liability insurance carried by the rear-ending driver (if she carried any at all.)

Hopefully, the majority of the folks involved in this crash had group health insurance or some other access to quality medical care. I am also hopeful that the negligent driver had a large enough insurance policy to fully and fairly compensate each injured passenger.

Pit Bull Attacks And Mauls Child (For The Second Time)

Thu, 27 May 2010 08:00:00 EST

A 3-year old was attacked and mauled by his grandmother's pit bull dog in Ormond Beach yesterday -- and this is not the first time that this child has been mauled by this dog. According to WKMG in Orlando, the young child was playing on the floor while being watched by his grandmother at her home, when the child reached out and grabbed the dog. The grandmother's pit bull responded by biting the child several times on the left side of the head. The boy suffered several deep laceration on the his head and one on his forehead.

Instead of calling 911, the grandmother took the child to the emergency room herself, along with the go. While he was being treated there, doctors noticed an older scar on the child's left cheek. It was at that time that it was revealed that the dog had previously bitten the child in the face. The grandmother indicated that she brought the dog alone because she was worried that one of her upsets relatives would kill the dog.

WKMG reported that the child's mother was livid, and that she had been under the impression that the dog was going to be left outside while her son was at the grandmother's house.

As a lawyer, I wonder whether the child (through his parents) has a claim against his grandmother under the Florida dog bite statute. As a parent, I am wondering why the child's mother would allow him to stay at the grandmother's house knowing that this known violent animal was still there.

Where do you land on this dilemma?

DeLeon Springs Drunk Driver Kills Two, Injures Two Others

Thu, 27 May 2010 08:00:00 EST

The Associated Press is reporting that a DeLeon Springs man had been drinking when he ran a stop sign on Grand Avenue in DeLeon Springs and crashed into an SUV being driven by a younger (19-year old) DeLeon Springs man.

The drunk driver of the pickup truck, and a 22-year old woman riding as a passenger in the SUV were both tragically killed in the accident. The driver of the SUV, and the drunk driver's 17-year son, who was traveling as a passenger in the pickup with his father, were both injured and taken to Halifax Medical Center and Fish Hospital, respectively.

This is another tragic reminder of what can happen when alcohol and driving are combined. I've written about a couple of alcohol-related accidents here, and here, and here. There is simply no excuse for not calling a friend or calling a cab if you are too drunk to drive. The stakes are too high when a 4,000 lb. vehicle is involved.

Florida Drivers Have A Lot Of Room For Improvement

Thu, 27 May 2010 08:00:00 EST

A new study published by GMAC Insurance that included Florida drivers indicates that 20% of all of the drivers on the road today could not pass a standard, written driver's test. This means some 41 million drivers. Test results this year show that fewer drivers know traffic signs than knew them last year.

Drivers from Idaho and Wisconsin did best on the tests, while drivers from New York did the worst. Florida's drivers ranked 43rd.

Tested drivers seemed to have the most difficult time with signs and safe following distances. Older drivers tended to better on the tests, than younger drivers, and men seemed to do better on the tests than women.

As an Orlando car accident attorney who has had an opportunity to take hundreds of depositions of at-fault drivers in car accident case s over the last 17 years, I can tell you that these results are not very surprising to me. Florida has several factors that seem to go hand-in-hand with problem drivers. We have a more transient population than most states. Many people are new to the area, and therefore unfamiliar with the roads. Rapid growth in Florida has lead to poorly planned and congested roads. As a state, we clearly need to do a better job of educating and training our drivers.

New Smyrna Rear End Semi Crash On I-95 Causes Death

Wed, 26 May 2010 08:00:00 EST

An Edgewater man was killed last night when his SUV was rear-ended by a semi-tractor trailer being driven by a Kansas truck driver. The crash occurred on Interstate 95, near State Road 44 and the New Smyrna Beach exit. The passenger in the SUV was seriously injured and was taken to Halifax Regional Hospital where the Orlando Sentinel reported she was in critical condition.

The Florida Highway Patrol is reporting that both vehicles were travelling in the outside lane of travel at the time of the crash. It is not currently known why the collision occurred. Regardless of the reason, our hearts go out to the family of the Edgewater man.

Although we do not currently know the cause of this crash, we do know that this crash reportedly occurred between 4:00AM and 4:15AM on a relatively rural stretch of I-95. It is probably safe to assume there was not a lot of traffic on I-95 at that hour, and it is unlikely that the Edgewater man was trying to make a sudden and unexpected stop on the Interstate. A reasonable explanation for this crash is inattentiveness or lack of alertness by the truck driver. It would be interesting to know how long this truck driver from Kansas had been driving at the time of the crash. It would be interesting to see the last time that this truck driver had a full night's sleep. This information is critical to the investigation of any trucking accident. Let's hope that the families of these most unfortunate people in the SUV get the information they need.

Confounding Crossroad: Rouse Road and Colonial Drive - Orlando, Florida

Tue, 25 May 2010 08:00:00 EST

It is unusual that we ever get a real-life illustration of how our client's accident happened, but it happened to us last week. We were out in east Orange County by the University of Central Florida signing up a new client. He described how he he was heading east on Highway 50 (Colonial Drive) toward downtown Orlando, and approached the intersection of Hwy 50 and Rouse Road. He said a car in the oncoming left-turn lane attempted to turn left in front of him seemingly without ever seeing him. There was a big crash, ambulances, etc.

I was having a tough time visualizing the crash from his description, so I asked him to ride with my assistant, Terry McCamie, and me and show us the intersection. As I drove down Highway 50, I clearly saw the turn lanes. Multiple cars were backed up in both directions, most trying to get into the Super Walmart located at that intersection. As I came up to the intersection, the first car in the oncoming turn lane nudged out -- apparently trying to see into my through lane and see if the way was clear to turn left. Unfortunately, the nudging out took the car almost half of my lane. I had to take evasive action just to avoid the same kind of accident that badly injured by new client a couple of weeks before!!

I'm not sure whether it is impatient drivers, a crowded intersection, or what, but for all Orlando drivers who are reading this please be careful at (or better off, avoid completely) the intersection of Rouse Road and Highway 50. Something is going on there that is seemingly making this intersection very dangerous.

Distracted Driver Reaching For Cell Phone | Law Enforcement Injured

Mon, 24 May 2010 08:00:00 EST

A distracted driver reaching for his cell phone crashed into three vehicles parking along South Apopka Vineland Road early this morning. A Florida Highway Patrol trooper and a Windermere police officer had pulled over a motorist to issue her a speeding ticket when Chris Patterson approached, began looking down in his car searching for his cell phone, and veered off the road impacting all three vehicles. Mr. Patterson was so distracted that he apparently did not see two police cars with full emergency lights activated on a traffic stop. Luckily both officers had yet to exit their vehicles and were sitting in their cars when Mr. Patterson arrived on the scene.

The two law enforcement officers were injured and taken by ambulance for treatment. The Florida Highway Patrol trooper had to be cut out of his vehicle by the jaws of life. The two law enforcement officers were treated and (thankfully) released from the hospital with only minor injuries. Mr. Patterson was field sobriety tested, but did not appear to be under the influence of alcohol. Local news outlets are reporting that Mr. Patterson's license had already been revoked for multiple traffic violations in recent years.

As I have discussed several times this year (here, here, and here) distracted driving is one of the biggest problems we face on Orlando roadways. Cell phones, texting, and soon -- websurfing -- all increase the change that a distracted driver will make a mistake and hurt or kill somebody. The Florida Legislature refused to do anything about texting while driving last session. What do you think about distracted driving?

New Study Confirms Link Between Brain Injury and Depression

Mon, 24 May 2010 08:00:00 EST

A new study published in the Journal of the American Medical Association confirms that patients who suffer traumatic brain injuries are much more likely than the general population to suffer with clinical depression. Researchers from the University of Washington discovered that people who have suffered traumatic brain injury (TBI) are eight (8) times more likely than the uninjured people to suffer with depression. And the researcher believe this number is conservative.

Doctors are seeing the study as validation for what they've seen going on with their patients for years. For example, the Los Angeles Times quoted David Hovda of the UCLA Brain Injury Research Center as saying, "Major depressive disorder can have severe consequences for recovery from TBI.

One interesting piece of the research revealed that the severity of the brain injury was a poor predictor of whether the brain-injured person would suffer with depression. While most of the people who suffered very serious brain injuries had significant depression, many who had mild and moderate brain injuries also were significantly depressed. Researchers found that people who were depressed before their brain injuries, or who had prior psychiatric problems, had are higher rates of post-injury depression. Similarly, patients who were involved in litigation were more likely to be depressed than those who were not.

This study mirrors our experience representing brain-injured people. Depression has been a very common consequence of brain injury with our clients. In fact, in one case the depression after a very serious brain injury became so severe that our client took her own life with an overdose of the several medications she was taking. Further, it has been our frequent experience that the litigation process tends to aggravate brain injury-related depression -- making our clients' conditions worse in many ways. It is my belief that this is known by insurance companies and the lawyers that represent them, and is but one more tactic used to put more pressure on our clients to give in and resolve their claims.

Young Mother Killed, Child Injured Allegedly Due To Street Racing

Mon, 24 May 2010 08:00:00 EST

A 22-year old woman was killed and her 4-year old daughter was seriously injured in a head-on crash on Goldenrod Road in Orlando, near Curry Ford Road. Local television station WFTV is reporting that several eyewitnesses to the crash believe that the driver who hit the young woman was street racing down Goldenrod Road and lost control of his vehicle. The Florida Highway patrol is reporting that none of the individuals involved in the crash was wearing a seatbelt, and that they have not decided whether to charge the offending driver.

The 4-year old little girl suffered a broken cheek, fractured jaw, and her left leg was broken in three places. The driver of the vehicle that allegedly caused the crash is in critical condition in the hospital.

This story highlights the dangers of street racing. Street racing is obviously incredibly dangerous -- not only for the street racer, but also for anyone unfortunate enough to happen upon an area where a street race is going on. There have been attempts to curb and discourage street racing over the years, but stories like this one keep cropping up. Perhaps it is time for the Florida Legislature to take a fresh look at this problem and make the penalties for street racing even stiffer.

Florida Eliminates Statute of Limitations On Child Sex Abuse Cases

Thu, 20 May 2010 08:00:00 EST

Child sexual abuse victims in Florida received historic good news on May 11, 2010, when Governor Charlie Crist signed into law Florida House Bill 525 which eliminated the statute of limitations on both criminal and civil claims relating to children under the age of 16.

The new law goes into effect and applies to any claim that would not have been barred by the existing statute of limitations as of July 1, 2010.

The main opponent lobbying against the new law was the Catholic Church.

This significant change in the course of Florida law allows abused kids to hold their abusers accountable for all of the damages that they haved caused. Since the psychology of child sexual abuse many times leaves victims unable to comprehend or even remember the abuse for many years after it occurs, the new law will help eliminate the injustice inherently associated with child sexual abuse.

The new law will help us in our fight to make children across Florida safe from sexual predators. Call us at 407-254-4901 with any questions.

Sanford Child Molester Case Show Why Child Sex Abuse Cases Are So Tough

Wed, 19 May 2010 08:00:00 EST

A three-year prison term is waiting for Jeffrey DePew after he plead no contest to charges arising from alleged rape and molestation of a nine-year old girl. Mr. DePew, a 29-year old man, was offered a deal by Seminole County prosecutors because they claimed that they had no evidence to corroborate the nine-year old girl's claims. Nevertheless, prosecutors said they believed the girl's account of being raped twice, and molested once.

This case gets a reaction from me for a couple of reasons. First, it highlights a huge challenge that plaintiffs face in almost all child sexual abuse cases. This case -- like many similar cases -- amounts to a child's word versus an adult's word about what happened. Testifying in court is notoriously difficult for children under ideal circumstances. When a child is facing his abuser, the stress and anxiety felt by the child in giving testimony becomes exponentially worse -- and arguably worsens or aggravates the original abuse. Any caring parent would think twice about putting his child through something like this -- even when there is every indication that the child is telling the truth.

Second, my visceral reaction is that three years is too light a sentence for a man facing credible charges of raping and molesting a nine-year old girl. As a lawyer I can understand the challenges faced by the State Attorney's office in this case, but three years is the best they could do? Further, an article published by the Orlando Sentinel indicates that Mr. DePew will not be designated as a sex offender in the future. Really?

I am going to hope that I never see Mr. DePew's name in a news story again -- and particularly in a story involving a mentoring organization, a youth sports league, or a youth ministry. Unfortunately, in our experience, this is all too likely.

Red Light Cameras Become Legal Throughout Florida

Wed, 19 May 2010 08:00:00 EST

Governor Charlie Crist brought some uniformity across the state of Florida when he recently signed into law a measure legalizing red light cameras across the state.

Beginning on July 1, 2010, all cities and counties in Florida are free to install red light cameras and begin issuing citations by mail to those drivers captured by still photograph running red lights. The citation will feature a fine of $158, of which $75 will go to the local government and $83 will go to the state. Out of the state's portion will be carved out $10 for health care, and $3 for the Miami Project to Cure Paralysis.

As I have previously written, the measure is expected to raise $29 million for the state of Florida this year, and as much as $95 million per year by 2014.

Vehicle owners will have to pay the fines unless they can prove that someone else was driving their vehicle, or that they were order by a government official to drive through the intersection.

Personally, I am torn about this law. While I am very much in favor of any measure that will make roadways safer for my family, I also dislike the Big Brother-type mentality that remote cameras placed everywhere seem to convey. How do you feel?

Pedestrian Killed By GMC Pickup Leaving Destination Daytona

Mon, 17 May 2010 08:00:00 EST

A 66-year old Holly Hill man was hit and killed last Saturday night as he attempted to cross U.S. Highway 1 near Destination Daytona in Ormond Beach. The Holly Hill man had attended a concert at Destination Daytona, and was crossing U.S. 1 after the show. Another concertgoer -- a 39- year old man from Longwood -- was also leaving the venue when he hit the accidnent victim with his GMC truck.

Destination Daytona is an entertainment complex in Volusia County whose anchor tenant is a Harley Davidson dealership. There are several restaurants, bars, and other motorcycle-related businesses. There is also a concert venue in the complex.

It is not known whether the accident victim was crossing in a crosswalk, or what road conditions or lighting conditions were. At the time that the Orlando Sentinel reported on this accident, charges by the Florida Highway Patrol were pending.

It is always important to be vigilant and to drive with car when leaving a sizeable event where pedestrians will be found. This is particularly true of events where alcohol might be served, as both drivers and pedestrians may be impaired and may not be utilizing best judgement. Many facilities will hire extra people to control or direct traffic unders such circumstances.

We feel for the family of the Holly Hill man, and hope that Destination Daytona avoids more tragedies like this one.

St. Cloud Martial Arts Instructor Arrested AGAIN For Sexual Abuse

Mon, 10 May 2010 08:00:00 EST

No sooner did John Durinick bail out of jail on child sex abuse charges, than he was hit with another charge for improper sexual contact with another child. You may remember Mr. Durinick from my previous news comments. He is the St. Cloud martial arts instructor who was accused a couple of weeks ago of more than 100 counts of improper sexual contact with several of his martial arts students.

Apparently, after news reports surfaced concerning Mr. Durinick's first arrest, an additional 14-year old martial arts student came forward and reported that Mr. Durinick has inappropriately touched her at the martial arts studio where he worked.

As with most incidents like this, there is almost always a breakdown in either a background check or supervision of the sexual abuser. It is very rare that a sexual abuser of children begins his abuse behavior "out of the blue" or without some sign or forewarning. Learn more about child sexual abuse cases here.

Lakeland Church Youth Worker Charged With Sexual Abuse

Sun, 09 May 2010 08:00:00 EST

A 45-year old Lakeland man who worked in youth programs for the Church of Christ was arrested over the weekend and charged with lewd molestation. Michael Winborn is accused of inappropriately touching the genital area of two girls aged 9 and 11, under their clothes. According to a report from the Polk County Sheriff's Department, Winborn has been friends of both girls' parents through church for over 10 years.

The Lakeland Ledger reports that Winborn was extremely involved in youth activities at the church, serving in the church's youth programs, as a song leader, bible study leader, and coordinating trips for the youth at the church. Winborn is also attending the Florida School of Preaching through the church. It is unknown whether Winborn will be able to continue on his path to be pastor.

This story seems to be repeating itself again, and again in Central Florida. In our experience, these stories almost all have the same general theme. Usually it is a very nice man -- unmarried and without kids -- who becomes very interested in some kind of very youth-oriented activity. This person throws himself into the organization and quickly ingratiates himself with both kids and adults alike. He seems so nice, and so responsible, and so harmless, that the adults quickly begin to trust him. Before long, tragedy strikes. The adults almost always look back and see plenty of little things that -- if they had been paying close attention -- should have set of alerts (maybe not screaming siren and bell-clanging alerts -- but alerts nevertheless).

Of course, we demand that all organization background check people who will be working with children. We don't know if the Church of Christ did that with Michael Winborn. In addition, we should all demand that organizations that cater to children supervise all interactions with children by an adult. This means not only reporting if something abusive is scene. To us, it also mean acting on a gut feeling. If something doesn't "feel" right, then our children deserve for us to remove that adult from the situation.

Click for more useful information about child sexual abuse claims.

Former Palm Bay Scout Leader Arrested On Child Pornography Charges

Thu, 06 May 2010 08:00:00 EST

Local media outlets are reporting today that Adam Brigham, a former Palm Bay Boy Scout troop leader, was arrested on federal child pornography charges. If convicted, Mr. Brigham faces 120 years in prison.

Apparently, law enforcement attention became focused on Mr. Brigham late last year when a New Hampshire police officer posing as a 14-year old boy on the Internet received requests from Mr. Brigham on MySpace for sexually explicit photographs. Apparently, Mr. Brigham made several requests from different boys -- all, in reality, police officers.

New Hampshire authorities eventually began working in cooperation with local Florida law enforcement. A search warrant was executed upon Mr. Brigham's residence early this year, but the results of that search were not reported by local media. Apparently, the Brevard scouting organization cut ties with Mr. Brigham after the search warrant was executed. A Brevard County sheriff's deputy involved in the investigation indicated that Mr. Brigham had a history of being involved in activities across Brevard County where teenagers would be involved like sporting events and road races.

I would be very, very surprised if Mr. Brigham's activities with teens were limited to requesting photographs on the Internet. His profile -- and especially his involvement in youth organizations and activities when he had no children of his own involved -- is unfortunately consistent with almost every child sexual abuse case we've handled. Here is one example of a case we handled, and a child we were able to help get the counseling and follow-up care she needed after the abuse. More information is here. I would estimate that interviews with the parents and children involved in Mr. Brigham's scouting group would yield more incriminating information. It will be interesting to see how this case develops.

Pill Mill Pain Clinics Spreading Potential Trouble Across Florida

Wed, 05 May 2010 08:00:00 EST

I recently read a very interesting article in Time Magazine about the almost viral proliferation of pain clinics in South Florida and the potential problems that accompany them. Most alarming to me was the suggestion that these clinics are spreading northward from Dade and Broward County and may soon be here in Orlando and Orange County.

According the Thomas Collins, the Time correspondent, there are now more pain clinics in Broward County, Florida, than there are McDonald's restaurants. There are 115 pain clinics in Broward County and the consensus is that one clinic is busier than the next. The chief reason that pain clinic waiting rooms are buzzing: oxycodone. The nation's top 25 oxycodone-dispensing doctors are in Florida -- 18 of those are in Broward County.

There is no system to tell whether the patients at these clinics have had oxycodone prescribed to them elsewhere, so drug abuse and overdoses are becoming more of a problem. I previously blogged about this physician-assisted problem here. In 2008 there were 3,750 deaths in Florida attributed to prescription drug overdoses, and increase of 1,000 deaths in just two years before. These deaths by overdose dwarf the number of death by overdose from cocaine and heroin.

Drugs are so easy to get in South Florida that people are driving down from as far away as Kentucky and Ohio to get their oxycodone. The Florida Legislature has created a pilot program to try to track prescriptions, but tough budget times have kept them from funding the program.

Until we see some kind of legal crackdown, these pain clinics are going to proliferate. Because there is no kind of background check or criminal check required of pain clinic owners, many of the wrong kinds of people are now getting into this kind of business. Wise consumers would be smart to avoid these kinds of clinics. We'll keep our fingers crossed that Orange County government will be proactive on this issue. What do you think?

Cocoa Semi Accident Injures Six And Closes I-95

Wed, 05 May 2010 08:00:00 EST

A blown tire on a semi tractor-trailer caused a chain reaction on Interstate 95 that resulted in a 3-vehicle collision, six injured, and I-95 completely shut down for hours today outside of Cocoa in Brevard County. The Florida Highway Patrol reported that an empty car carrier was traveling northbound on I-95 when one of its tires blew. The driver of the large truck lost control of his vehicle, crossed the median, and crashed into a passenger vehicle carrying several passengers, including a three-year old child. A pickup truck was also impacted.

Several passengers had to be removed from their vehicles by the jaws of life. Video recorded at the accident scene demonstrated vehicles that were absolutely demolished. Injury victims were taken by life flight and ambulance to local trauma centers. The baby was takend to Arnold Palmer Children's Hospital in Orlando.

At this point we do not know why the truck's tire blew, or what exactly lead to the truck driver losing control of his vehicle. In our experience, poor maintenance and/or lack of inspection are commonly causes of tire blowouts. Trucking companies have more stringent requirements that automobile owners regarding keeping records of maintenance and repairs. It will be interesting to see what we learn about this particular truck's maintenance, inspection, and repair record.

Orlando Motorcycle Crash Kills Candelaria

Mon, 03 May 2010 08:00:00 EST

A motorcycle ride turned deadly for Christian Rios Candelaria Sunday night on Conway Road, the Orlando Sentinel reports.

At approximately 10PM last night, Christian Rios Candelaria was riding his 2005 Suzuki motorcycle northbound on Conway Road. As Mr. Candelaria approached the Conway's intersection with Gatlin Avenue, an Infiniti being driven by 19-year old Garrett Beach attempted to make a left-hand turn from southbound Conway Road. Mr. Candelaria's motorcycle collided with the side of the Infiniti. He was thrown from his vehicle and later pronounced dead. The Orlando Sentinel reported that Mr. Candelaria was not wearing a helmet, but thanks to the Florida Legislature motorcyclists are not required by law to wear helmets.

Our hearts go out to the Candelaria family. Unfortunately, operating a motorcycle is an extremely dangerous undertaking in Central Florida. We have previously reported on the needless tragedies that have been created when drivers don't look for motorcyclists before pulling out here and here.

The unfortunate truth about motorcyclists is that they are exposed, and any mistake or lapse in judgement by the motorcyclist or the drivers around him will either lead to a serious personal injury or a wrongful death. We are in favor of additional training for drivers to be taught to look for motorcyclists on the roadways.

Tire Blowout Rollover Accident With Injuries Closes SR 408 In Orlando

Mon, 03 May 2010 08:00:00 EST

A rollover accident on State Road 408 in Orlando closed the road to traffic for several hours on Monday. Local media outlets are reporting that Jearles House, of Orlando, was traveling eastbound on SR 408 when her vehicle overturned on the highway as a result of a blown tire.

Ms. House was extracted from her SUV by fire rescue and was taken to Orlando Regional Medical Center for treatment. A female passenger in her vehicle apparently walked away with no injuries. Traffic was stopped for over one hour while the wreckage and debris were moved, and repairs were made to the roadway itself.

We wish Ms. House the best with her injuries, but she is really fortunate that she was not killed. Tire blowouts - particularly those on the highway -- can easily be fatal. Tire blowouts happen for a variety of reasons, and it is very important for the victim of an accident caused by a tire blowout to salvage and keep as much of the tire as possible. Many times a close inspection of a blown tire will demonstrate faulty manufacturing or poor maintenance of the tire. Other times improper inflation of the tire is the culprit.

Tire blowout cases are very difficult to pursue. An injured consumer would be wise to consult with an attorney experienced in handling this kind of case, and working with the experts that are oftentimes essential to success in these claims.

Deaths From Police Chase On Highway 50 Leave Heavy Hearts

Fri, 30 Apr 2010 08:00:00 EST

Friends and relatives of Amanda Taylor grieved Thursday as they remembered her in a memorial service at Aloma Baptist Church in Winter Park. Ms. Taylor was killed in a violent car accident on Highway 50 in Orlando last Saturday night when the car she was riding in was hit by a vehicle being driven by Jose Maisonet-Maldonado. Ms. Taylor's friend, Francesca Jeffrey was also killed in the crash, and a male friend in the car, James Leconte, was injured.

Mr. Maisonet-Maldonado had apparently been on something of a crime spree in Orange County earlier in the day. Hours before the deadly crash, he had stabbed and attempted to run over his girlfriend with a car.

Media reports are mixed about whether Mr. Maisonet-Maldonado was being chased by Orange County Sheriffs deputies at the time of the crash. It has been reported that Mr. Maisonet-Maldonado's vehicle was travelling at an extremely high rate of speed (perhaps up to 100 mph) at the time of impact. It is difficult to imagine why he was travelling so fast if he was not being chased.

Law enforcement agencies have specific rules about conducting high speed chases that are designed to protect bystanders and other members of the community from out-of-control vehicles fleeing a chase. It will be interesting to see whether the Orange County Sheriffs deputies involved in this situation followed department protocols.

While it is always sad to hear about young lives tragically lost, the loss of Amanda Taylor hits particularly close to home for this firm. One of my long-time legal assistants, Stacie, attended high school with Amanda and played on the softball team with her at Pine Castle Christian Academy. Stacie remembers Amanda as an always happy, smiling, and uplifting person. It certainly sounds like the world would be a better place with more Amanda Taylors in it.

Lake County Bus Crash Nets At Least Five Injured

Thu, 29 Apr 2010 08:00:00 EST

A Lake County public transit bus was rear-ended yesterday causing injuries to five people. WKMG is reporting that the bus stopped to unload passengers on U.S. Highway 441 in Tavares, near Angelo's Restaurant.

As the bus began pulling from the bus stop, it was rear-ended by a teenager driving an SUV. The impact was severe enough to injure four bus passengers, as well as the negligent teenage driver. In fact, the teenager was said to be on life support at Orlando Regional Medical Center.

As the father of a teenager, I pray that young man involved in this accident makes a speedy and healthy recovery. At the same time, I feel for the people who were sitting on the bus, minding their own business, when they became injured.

To make matters worse, unless the injured bus passengers have health insurance, it is going to be difficult for them to receive quality health care. Unfortunately, Personal Injury Protection (PIP) benefits are not available for injuries from bus accidents.

We have experience handling injury cases for bus passengers. Call us at 407-254-4901 with your questions.

Statewide Red Light Cameras: Revenue Source Or Safety Measure?

Thu, 29 Apr 2010 08:00:00 EST

The Florida Legislature has passed a bill that would make red light cameras legal across the state. Florida Governor Charlie Crist must now decide whether to sign the bill into law.

Red light cameras act as sort of passive law enforcement. These cameras are programmed to automatically activate if a vehicle is in an intersection after a traffic light shows red. Special software reads the tag number of the cars in the intersection and issues traffic tickets to the offending car owner. Some cities and counties across Florida have been using red light cameras for years, however recent court decisions have brought the legality of the practice into question.

As a result, the state of Florida has gotten into the act and created a traffic statute that authorizes the cameras across the state. If Governor Crist signs the bill into law, beginning on July 1st violators will be fined $158.00, with no points or impact on insurance rates. Supporters claim that the measure will save lives and prevent injuries. Drivers who ran red lights allegedly caused 5,607 personal injuries in 2008.

However, it is the revenue stream that makes me wonder what the real motivation behind the movement is. Economists believe that the new law will generate approximately $29 million for the state of Florida this year alone. Similarly, economists believe that local governments will receive $10 million each year. I have previously written about this topic in our March newsletter, Life, Liberty, and the Law, which you can read here.

What do you think? Are red light cameras good safey policy, or primarily a source of revenue?

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