Florida Accident, Injury, and Insurance Blog http://www.cullen-law.com/blog/ Orlando accident attorney Kim Michael Cullen discusses items of interest to Florida accident victims and others. en-us 2012 Law Offices of Kim Michael Cullen, P.A., All Rights Reserved, Reproduced with Permission http://www.cullen-law.com/blog/ Sat, 19 May 2012 04:47:28 GMT Florida Accident, Injury, and Insurance Blog http://www.cullen-law.com/images/logoprint.gif http://www.cullen-law.com/blog/ <![CDATA[Florida Principal Shows What NOT To Do Following Allegations of Child Sexual Abuse]]> When the leader of an organization that is designed to serve children finds out that parents are complaining about a worker inappropriately touching or molesting the children, it is probably wise for the leader of the organiztion to remove the suspected adult from the children before any more harm can be done. When this doesn’t happen, the entire organization can be held liable for the damages caused by the abuser under the legal theory of negligent supervision.

This appears to be the situation facing the Lake County School Board. Several Central Florida media outlets (here, here, and here) recently ran stories about Treadway Elementary School in the Leesburg area. According to media reports, the principal at Treadway was made aware of allegations of inappropriate touching by a school volunteer named Mark Griffin. Instead of immediately removing Mr. Griffin from the children in her school, the principal apparently told him to “keep his hands in his pocket” and not to touch or hug students.

You can probably guess where this story is headed.  Lake County law enforcement has now arrested Mr. Griffin and charged him with 107 counts of molestation, and child pornography. Most shocking are charges that Mr. Griffin sexually abused two 9-year old girls at his home in Bassville. Both girls apparently attend Treadway.

As a Florida child sexual abuse attorney, I know that anytime a principal receives word that any worker under her direction or supervision has been accused of inappropriate touching or molestation, she needs to take such accusation very seriously, and needs to take some kind of action. By not taking action when she could have and should have, the principal at Treadway may have opened up the Lake County School Board to liability for Mr. Griffin’s abusive acts.  This could mean paying for medical bills and psychological counseling, as well as mental anguish. Unfortunately, the two girls mentioned above may not be the only victims. Sexual predators rarely leave a trail of only one or two victims.

If you have any questions about a Florida sexual abuse claim, or allegations of negligent touching, call Winter Park personal injury attorneys Kim Cullen and Bob Hemphill at 407-254-4901.
]]> http://www.cullen-law.com/blog/florida%2Dprincipal%2Dshows%2Dwhat%2Dnot%2Dto%2Ddo%2Dfollowing%2Dallegations%2Dof%2Dchild%2Dsexual%2Dabuse%2Ecfm www.cullen-law.com-81806 Wed, 16 May 2012 08:00:00 GMT <![CDATA[Would Close Supervision Of Child Have Averted Resort Hotel Accidental Drowning? | Orlando Accident Attorney]]> Should a special needs child who drowned at the Radisson Resort in Kissimmee, have been supervised while he played in the pool? This is the question that will be answered in a Wisconsin court, according to a recent story in the Orlando Sentinel.


The story is a tragic one -- of wrongful death and hear-breaking loss. According to the Sentinel, a 12-year old boy who was dying of brain cancer was offered the chance to visit Disney World by an organization called American Dream Flite. American Dream Flite apparently brought the boy, as well as several other children, to the Radisson Resort. Parents were not allowed on the trip, so American Dream Flite assured parents that the children would be constantly supervised.


The 12-year old and several other children were apparently playing in the hotel pool without direct supervision or monitoring. Somehow the 12-year old child wound up underwater for awhile, until the other children noticed him. Helped was called, but the child ended up dying of complications of near drowning.  As a parent of four children myself, I cannot imagine such a loss.



Unfortunately, this kind of story is all too common in Central Florida -- particularly each year in summer time. This particular story strikes me as particularly egregious because the chid's parents were not allowed to go on the trip. This would seem to put an even larger burden of supervision on the folks who represented to the parents that they would take good care of their son. The fact that the child was sick, and perhaps had special needs, makes the situation even worse in my opinion.


Pool safety is always important. Please see the video at the top of this page for some helpful pool safety tips.


If you have any questions about a Florida drowning case, or a Florida wrongful death claim of any kind, call Winter Park personal injury lawyers Kim Cullen and Bob Hemphill at 407-254-4901.
]]> http://www.cullen-law.com/blog/would%2Dclose%2Dsupervision%2Dof%2Dchild%2Daverted%2Dresort%2Dhotel%2Daccidental%2Ddrowning%2Dorlando%2Daccident%2Da%2Ecfm www.cullen-law.com-81032 Mon, 07 May 2012 08:00:00 GMT <![CDATA[You May Be Surprised By Role Socioeconomics Plays In Automobile Accident Injuries | Orlando Accident Attorney]]> Does it make sense to you that more people would receive injuries from car accidents in poor areas, than in wealthy ones? It didn't to me, until I was introduced to a new paper published by medical researchers in Canada. According to the research, which appears in the May 2012 issue of American Journal of Public Health, there is a clear connection between injurious car accidents, and the general wealth of the area where the crash occurred.

The reasons for this connection may not be what you think. Based upon evidence gathered from thousands of car accidents at thousands of intersections in Montreal, Canada, as well as census data, researchers were able to group the accident intersections according to the average household income in the area of town where the intersections were located. Researchers found:
  • The average vehicle traffic at intersections in poorer areas was 2.4 times greater than in wealthier neighborhood.
  • A much larger percent of intersection in poorer neighborhoods included a major highway or roadway.
  • Poorer neighborhoods had nearly twice the number of four-way stops than wealthier neighborhoods. (Four way stops are the site of more accidents with injuries than other intersections.)
  • Intersections in poorer neighborhoods are equally more dangerous than wealthy neighborhoods for bicyclists and pedestrians -- they get injured a lot more in crashes on the poorer side of town.
As the research suggests, it appears that the greater traffic volume and the geometry of the roads in poorer neighborhoods contribute to the incidence of more injuries -- not the socioeconomic condition of the injured motorist, himself.

As an Orlando car accident attorney who has been handling Florida motor vehicle accident cases for nearly 20 years, and without looking back at a list of cases I've handled over the years, I would suppose that my own experience is that I have handled more cases for working people than I have for Central Florida's most affluent. But I never really stopped to wonder why. This new research seems to provide an excellent, science-based explanation for it.
It will be interesting to see what the cynics, who have often spouted off about poor people bringing accident claims and looking for "jackpot justice", will have to say about this research.

If you have questions about an Orlando or Central Florida car accident claim or case -- regardless of whether you are rich, poor, or somewhere in between -- call Winter Park personal injury attorneys Kim Cullen and Robert Hemphill at 407-254-4901.  Or, order a FREE copy of Kim's book of car accident pointers, Asleep At The Wheel, by clicking here.
]]> http://www.cullen-law.com/blog/you%2Dmay%2Dbe%2Dsurprised%2Dby%2Drole%2Dsocioeconomics%2Dplays%2Din%2Dautomobile%2Daccident%2Dinjuries%2Dorlando%2Dacci%2Ecfm www.cullen-law.com-80184 Tue, 24 Apr 2012 08:00:00 GMT <![CDATA[Will California Woman Face Punitive Damages For Killing Disney Worker In Fatal Hit-And-Run | Orlando Accident Attorney]]> A California banker apparently in town for business may get a lot more than she bargained for after a fatal hit-and-run accident in the tourist district of Orlando.  Several Orlando media outlets had reported that Orlando Police were looking for a black Nissan that had run a redlight on State Road 535 and hit and killed, Liu Ye, a student who was working at Walt Disney World in their International College Program.  The driver of the black Nissan did not stop to help Ms. Ye, who died at Dr. Phillips Hospital.

The following day Jennifer Toth called the police and requested an accident.  She stated that she thought she might have hit an animal the night before.

Unfortunately, Ms. Toth's story doesn't quite add up.  For reasons that are currently unclear, although Ms. Toth as staying at the Waldorf Astoria resort, Ms. Toth decided to leave her mangled black Nissan rental car parked behind a business on Vineland Road following the accident.  Ms. Toth then called a taxi and took the cab pack to her hotel.  Certainly, this suggests that Ms. Toth knew she had done something wrong and was hoping that she would not be found out.  Ms. Toth has been charged with leaving the scene of a crash following a death - a major felony.

As an Orlando accident attorney, it has always occurred to me how cowardly it is for a driver to leave the scene after having hit a human being (or even an animal.)  As scared as the driver may be about being in trouble, I just cannot see how they can justify leaving a human being (or an animal) suffering in the road.  In this instance, it is very possible that Ms. Toth will face punitive damages for the decisions she made.  In addition, if she was on a business-related errand at the time of the crash, her employer might even be held liable.

It is my hope that the victim's family somehow sees fit to hire an experienced Florida personal injury attorney to advise them.   They need to counsel with someone who is familiar with insurance issues, and other ways of holding the responsible person liable and recovering damages for the victim's family.

If you have any questions regarding an Orlando vacation-related accident, or a wrongful death car crash, call Winter Park personal injury attorneys Kim Cullen and Robert Hemphill at 407-254-4901.
]]> http://www.cullen-law.com/blog/will%2Dcalifornia%2Dwoman%2Dface%2Dpunitive%2Ddamages%2Dfor%2Dkilling%2Dvacationer%2Din%2Dfatal%2Dhit%2Dand%2Drun%2Dorland%2Ecfm www.cullen-law.com-79745 Fri, 20 Apr 2012 08:00:00 GMT <![CDATA[3 Things You Probably Don't Know About Florida Negligent Security Cases | Orlando Wrongful Death Attorney]]> The Orlando Sentinel is reporting that a man in his 20's was shot and killed this afternoon at the Chapel Trace apartment complex on Goldenrod Road on Orlando.  Eyewitnesses apparently were able to determine that there were two men involved in the shooting, and were able to identify the vehicle they fled in.


As of this writing, there are conflicting reports as to whether the suspects have been apprehended.


Obviously, the first thing that comes to mind anytime I read a story like this is how senseless a crime like this is.  It never ceases to amaze me how little some people value human life, and how callously they extinguish it.


As an Orlando negligent security lawyer, I also recognize that - although, admittedly, we don't know all of the facts - the Chapel Trace apartment complex could be liable for the wrongful death of this young man.


Most people don't realize that:
  • Apartment complexes owe a legal duty to residents and visitors to use reasonable care in making sure the complex is safe.
  • Apartment complexes have a duty to know what kind of dangerous activity is, or might, going on in the complex, as well as in the area around the complex.
  • If an apartment complex knows, or should know, that there is a lot of criminal or violent activity going on, the apartment must beef up its security measures.  This may involve hiring more security, having uniform security, installing a security gate, installing surveillance video, or more.


It would be interesting to know what measures Chapel Trace had in place that might have saved his young man's life.


If you have any questions about a Florida negligent security or wrongful death case, call Winter Park personal injury attorneys Kim Cullen and Robert Hemphill at 407-254-4901.
]]> http://www.cullen-law.com/blog/3%2Dthings%2Dyou%2Dprobably%2Ddon%2Dt%2Dknow%2Dabout%2Dflorida%2Dnegligent%2Dsecurity%2Dcases%2Dorlando%2Dwrongful%2Ddeath%2Ecfm www.cullen-law.com-79843 Fri, 20 Apr 2012 08:00:00 GMT <![CDATA[Was Tire Defect Responsible For Death Of Center Hill Woman | Orlando Accident Attorney]]> The Orlando Sentinel recently reported the tragic death of Mary Hardy Tuller in a crash on County Road 48 in Sumter County. Ms. Tuller was apparently heading eastbound on County Road 48, when one of the tires on her Ford Taurus suddenly lost inflation, causing her car to spin. Tragically, Ms. Tuller's car hit an embankment, and flipped.
As an Orlando accident attorney, my heart goes out to Ms. Tuller's family. The article in Sentinel does not indicate whether Ms. Tuller is survived by family members, but if she is, I am sure they are wondering how something like this could happen.
Good, quality tires are perhaps the most important safety feature on any automobile. When a tire suffers with a defect, it often very difficult for the average consumer to detect, and the result can often be fatal. Nevertheless, here are some tire safety tips.

If a tire defect did contribute to Ms. Tuller's death, her surviving family members may be able to bring a wrongful death claim against the tire manufacturer or retailer. However, these cases can be very complicated and often hinge on the existence of remnants of the defective tire, and a highly qualified expert examining it to determine the defect.  Many times, delays in gathering evidence are fatal to cases like these.
If you have any questions regarding a Florida car crash where a defective tire is suspected, call Winter Park product liability attorneys Kim Cullen and Bob Hemphill at 407-254-4901.
]]> http://www.cullen-law.com/blog/was%2Dtire%2Ddefect%2Dresponsible%2Dfor%2Ddeath%2Dof%2Dcenter%2Dhill%2Dwoman%2Dorlando%2Daccident%2Dattorney%2Ecfm www.cullen-law.com-79062 Tue, 10 Apr 2012 08:00:00 GMT <![CDATA[3 Things You Need To Know About Emergency Room Bills Following A Florida Car Accident]]> Florida car accidents utilize a hospital emergency room to receive their first medical treatment following the crash.  Our clients are almost universally pleased with the medical care they receive in emergency rooms, however most of them are also astounded when they start receiving multiple, sometime very large, medical bills following an emergency room visit.

As an Orlando accident attorney who has represented thousands of car accident victims who have been seen in emergency rooms across Florida, here are three (3) things anyone involved in a Florida car accident needs to know:


  • In Florida, any medical treatment related to an automobile accident should be primarily paid by the injured person's own automobile insurance company, under his or her (or their resident relative's) Personal Injury Protection (PIP) coverage.  (NOTE:  Florida law regarding PIP has recently changed effective January 1, 2013.  These changes are dramatic, and will significantly alter how accident-related medical bills have been handled in Florida for the past 30 years. Stay tuned to this website for more specifics.)

  • You will likely be receiving bills from several different businesses related to your one emergency room visit.  Most hospitals subcontract their medical work to separate medical groups of doctors and/or technicians.  It is not unreasonable that you would receive separate bills from the hospital (for use of its bed and medical supplies), an emergency physicians group, a radiology group, a pathology group, a medical lab, and perhaps others like neorlogists, orthopedic surgeons, or neurosurgeons if specialists are called in.  Again, PIP should be the primary payor of these bills.

  • In the event that insurance does not pay 100% of your medical bills, you need to know that medical bills are highly negotiable.  I suggest you read this very interesting article in the Los Angeles Times about emergency room bills.  As the story suggests, there is very little rhyme or reason to what hospitals and other medical professionals elect to charge patients.  Many times hospitals will accept much less than their total outstanding bill if they can be assured that they are going to be paid something tangible in the short term versus perhaps never receiving payment in the future.

As mentioned above, stay tuned to this website for additional tips on dealing with outstanding medical bills.  If you have any questions regarding an emergency room visit following a Florida car accident, or about Florida car accidents in general, call Winter Park personal injury attorneys Kim Cullen and Bob Hemphill at 407-254-4901, or get your FREE copy of Kim's book, Asleep At The Wheel at www.bestfloridaaccidentbook.com.


]]> http://www.cullen-law.com/blog/3%2Dthings%2Dyou%2Dneed%2Dto%2Dknow%2Dabout%2Demergency%2Droom%2Dbills%2Dfollowing%2Da%2Dflorida%2Dcar%2Daccident%2Ecfm www.cullen-law.com-78626 Mon, 02 Apr 2012 08:00:00 GMT <![CDATA[Should Florida DOT Be Held Liable For Winter Park Semi Truck Crash? | Orlando Accident Attorney]]> semi tractor truck overturned on Interstate 4 in Winter Park at the infamous Fairbanks Avenue curve.

Frequent readers of this blog will remember that I have blogged several times over the last few years about the curving section of Interstate 4 as it crosses over Fairbanks Avenue.  For many years, drivers have complained about losing control of their vehicles on that section of highway, especially during or after rain.  This area has been the site of dozens of serious car accidents.

In just the last week or so, the Florida Department of Transportation (FDOT) has been doing work on the Fairbanks curve, cutting grooves into the pavement so supposedly increase safety.  At this point, nobody knows whether the grooves have actually made the curve safer, or whether the recent semi truck accident was caused by the grooves.

As an Orlando accident attorney, I know that it is very difficult to hold the State of Florida liable for planning decisions, such as how a road will be laid out, how many lanes will be utilized, etc.  However, once a state agency begins operations such as changing the road, the agency must use reasonable care in the way it conducts the work.  It will be interesting to learn if the truck accident mentioned above is connecting in any way with the recent grooving work.

If you have any questions regarding a Florida semi truck accident, or a car accident that may be related to negligent road work, call Winter Park personal injury attorneys Kim Cullen and Robert Hemphill at 407-254-4901.
]]> http://www.cullen-law.com/blog/should%2Dflorida%2Ddot%2Dbe%2Dheld%2Dliable%2Dfor%2Dwinter%2Dpark%2Dsemi%2Dtruck%2Dcrash%2Dorlando%2Daccident%2Dattorney%2Ecfm www.cullen-law.com-78579 Sat, 31 Mar 2012 08:00:00 GMT <![CDATA[Orlando Accident Attorney | Melbourne Rollover Crash Provides Lessons On Tire Blowout Cases]]>
As an Orlando accident attorney, and father of four of my own children, my heart goes out to the parents of this young man.  After handling a number of wrongful death cases involving children in car accidents in my practice, I know that there is nothing more traumatic for a family than the loss of a child.

It goes without saying that rollover accidents are always dangerous.  Rollovers can be caused by a number of factors, but many times problems with tires serve as a ticking time bomb.  Many times used or re-treaded tires are sold that are not fit for use on Florida's roads.  Here is a video we shot last summer on this topic:



If the family of the young man who died has any suspicions at all that a tire defect contributed to causing this tire blowout, I hope they will consult with an experienced  Florida personal injury lawyer.

If you have questions regarding a rollover caused by a tire blowout, or Florida car accidents in general, call Winter Park personal injury lawyers Kim Cullen and Robert Hemphill at 407-254-4901, or get a free copy of Kim's book, Asleep At The Wheel by visiting www.bestfloridaaccidentbook.com.
]]> http://www.cullen-law.com/blog/orlando%2Daccident%2Dattorney%2Dmelbourne%2Drollover%2Dcrash%2Dprovides%2Dlessons%2Don%2Dtire%2Dblowout%2Dcases%2Ecfm www.cullen-law.com-78534 Fri, 30 Mar 2012 08:00:00 GMT <![CDATA[Marion County Boy Scout Child Molestation Shocker]]> Like everyone in Central Florida, I was shocked to read about the arrest of 25-year-old George Fout on multiple charges of child sexual abuse, molestation, and battery.  According to the WESH-TV website, Mr. Fout has admitted to Marion County deputies that he sexually abused at least one eight-year-old boy, and five other boys have come forward with similar charges.  Apparently, Mr. Fout came into contact with these boys through the Cub Scouts and Boy Scouts of America organizations.

According to Marion County deputies George Fout described himself as a “Monster” and indicated that he would abuse more children if he was not put in jail.  Hopefully, the criminal justice system will help Mr. Fout fulfill his wishes.

As an Orlando child sexual abuse attorney, I was troubled by another aspect of the WESH-TV story.  Apparently, the Boy Scouts of America announced that they were severing ties with George Fout’s parents.  The Boy Scouts’ statement indicated that they suspect that one or more Scouting youth protection policies were breached by the older Fouts.  This announcement was made despite denials by the Fout parents that they knew anything inappropriate was going on.  Nevertheless, deputies reported that George Fout met all of the victims through Cub Scouts and used to have the boys spend the night with him in his parents’ home.  Shouldn’t the Fout parents have suspected something when their 25-year old son was having sleepovers in their house with eight-year old boys?

Organizations such as Boy Scouts of America can be held liable for child sexual abuse if there is evidence that the organization did not properly screen or background check its volunteers, or that the organization failed to properly monitor or supervise the activities between adult participants and children.  It will be interesting to learn more about the relationship between Boy Scouts of America and the Fout family, and how much supervision there really was.  For the sake of the children/victims, I hope Boy Scouts of America moves quickly to see that these children receive the very best in counseling and aftercare.

If you have any questions regarding a Florida child sexual abuse case, call Winter Park personal injury attorneys Kim Cullen and Bob Hemphill at 407-254-4901.
]]> http://www.cullen-law.com/blog/marion%2Dcounty%2Dboy%2Dscout%2Dchild%2Dmolestation%2Dshocker%2Ecfm www.cullen-law.com-76559 Mon, 05 Mar 2012 08:00:00 GMT <![CDATA[Discover A Great Way For For All Of Us To Enjoy Lower Insurance Rates]]> I read with great interest a story in the Orlando Sentinel about the arrest of a chiropractic clinic manager for insurance fraud. As an Orlando accident attorney, I know that when state insurance investigators get tough on insurance fraud, this should logically translate to all of us experiencing lower insurance premiums  (however, more on that in a later post).
According to the Sentinel, Jean Ely Colin was been accused by the Florida Department of Financial Services for falsifying patient records, generating reports on phantom patients, and improperly billing State Farm, Allstate, Progressive, and others. Mr. Colin has also been accused of operating an unlicensed health care clinic.
Nobody hates insurance fraud more than truly injured people, and the experienced personal injury lawyers who represent them. Fraudulent claims and people running shady medical clinics do nothing but make things more difficult for people who are legitimately injured to achieve a fair recovery. The sad thing is that many people who have been injured in Florida car accidents do not realize that their names or personal information is being used by these sketchy clinics to perpetrate their fraud.
Honorable people who have suffered real injuries in a Florida automobile accident should ask around before selecting a medical provider. A personal referral from a trusted friend or family member is probably best. These days there are so many websites that offer reviews of doctors and medical clinics, a simple Google search would be a start in the right direction. It would probably also be wise for a truly injured person to avoid the 1-800 doctor and lawyer referral services that seem to have popped up in the last couple of years.
If you have been involved in a Central Florida auto accident and have questions about insurance, medical treatment, or your rights, call Winter Park personal injury lawyers Kim Cullen and Bob Hemphill at 407-254-4901.
]]> http://www.cullen-law.com/blog/discover%2Da%2Dgreat%2Dway%2Dfor%2Deveryone%2Dfor%2Dall%2Dof%2Dus%2Dto%2Denjoy%2Dlower%2Dinsurance%2Drates%2Ecfm www.cullen-law.com-74561 Sun, 05 Feb 2012 08:00:00 GMT <![CDATA[Should Electrution Injury Victims Seek Representation?]]> 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.
]]> http://www.cullen-law.com/blog/should%2Delectrution%2Dinjury%2Dvictims%2Dseek%2Drepresentation%2Ecfm www.cullen-law.com-74272 Tue, 31 Jan 2012 08:00:00 GMT <![CDATA[What Everybody Should Know About Florida Phantom Vehicle Accidents]]> 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.
]]> http://www.cullen-law.com/blog/what%2Deverybody%2Dshould%2Dknow%2Dabout%2Dflorida%2Dphantom%2Dvehicle%2Daccidents%2Ecfm www.cullen-law.com-73790 Tue, 24 Jan 2012 08:00:00 GMT <![CDATA[Important News For Drivers Injured In Car Accidents While On-The-Job]]> 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.
 
]]> http://www.cullen-law.com/blog/important%2Dnews%2Dfor%2Ddrivers%2Dinjured%2Din%2Dcar%2Daccidents%2Dwhile%2Don%2Dthe%2Djob%2Ecfm www.cullen-law.com-73249 Tue, 17 Jan 2012 08:00:00 GMT <![CDATA[How An Insurance Decision Might Give An Orlando Family A Chance At Justice]]> 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.
]]> http://www.cullen-law.com/blog/how%2Dan%2Dinsurance%2Ddecision%2Dmight%2Dgive%2Dan%2Dorlando%2Dfamily%2Da%2Dchance%2Dat%2Djustice%2Ecfm www.cullen-law.com-72621 Sat, 07 Jan 2012 08:00:00 GMT <![CDATA[Will Allstate Extend Claims Satisfaction Guarantee To Uninsured Motorist Claims?]]> 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.
]]> http://www.cullen-law.com/blog/will%2Dallstate%2Dextend%2Dclaims%2Dsatisfaction%2Dguarantee%2Dto%2Duninsured%2Dmotorist%2Dclaims%2Ecfm www.cullen-law.com-72539 Fri, 06 Jan 2012 08:00:00 GMT <![CDATA[Surviving Passenger Holds Key To Sorting Out One Car Accident Claim]]> 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.
]]> http://www.cullen-law.com/blog/surviving%2Dpassenger%2Dholds%2Dkey%2Dto%2Dsorting%2Dout%2Done%2Dcar%2Daccident%2Dclaim%2Ecfm www.cullen-law.com-72514 Thu, 05 Jan 2012 08:00:00 GMT <![CDATA[Polk County Bicycle Accident Serves As Reminder Of Three-Foot Passing Rule]]> 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.
]]> http://www.cullen-law.com/blog/polk%2Dcounty%2Dbicycle%2Daccident%2Dserves%2Das%2Dreminder%2Dof%2Dthree%2Dfeet%2Drule%2Ecfm www.cullen-law.com-72507 Wed, 04 Jan 2012 08:00:00 GMT <![CDATA[Will Camaro Owner Face Responsibility For Death Of Scooter Driver?]]> 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.

]]> http://www.cullen-law.com/blog/will%2Dcamaro%2Downer%2Dface%2Dresponsibility%2Dfor%2Ddeath%2Dof%2Dscooter%2Ddriver%2Ecfm www.cullen-law.com-71646 Mon, 19 Dec 2011 08:00:00 GMT <![CDATA[Reminder: Cell Phone Use Is Not Only Way To Become Dangerous Distracted Driver]]> 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.]]> http://www.cullen-law.com/blog/reminder%2Dcell%2Dphone%2Duse%2Dis%2Dnot%2Donly%2Dway%2Dto%2Dbecome%2Ddangerous%2Ddistracted%2Ddriver%2Ecfm www.cullen-law.com-71501 Sat, 17 Dec 2011 08:00:00 GMT