Florida Injury Victim Lawyer Blog

Toyota continues to issue recalls of thousands of vehicles sold in Florida and throughout the United States. Currently, Toyota has issued recalls of the following vehicle models due to braking problems: 2010 Prius and 2010 Lexus HS 250h which is a new hybrid vehicle.

Toyota has also recalled the following vehicles due to problems with the gas pedal sticking causing uncontrollable acceleration: 2005-2010 Toyota Avalon, 2007-2010 Toyota Camry, 2009-2010 Toyota Corolla, 2008-2010 Toyota Highlander, 2009-2010 Toyota Matrix, 2004-2010 Toyota Prius, 2009-2010 Toyota RAV4, 2008-2010 Toyota Sequoia, 2005-2010 Toyota Tacoma, 2007-2010 Toyota Tundra and 2009-2010 Toyota Venza.

If you drive one of these vehicles and experience any problems it is recommended that you stop using the vehicle and contact the nearest Toyota dealer for assistance.

If you or anyone in your family have been injured while in one of the above recalled vehicles please contact Payer Law Group or call 877-854-4442 for your free consultation to discuss your case.

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A deadly I-95 head-on wreck early in the morning snarled morning rush hour traffic Friday in Ft. Lauderdale, troopers are still investigating to determine if one of the vehicles had been going the wrong way. Another possibility troopers were considering is that one vehicle might have spun out just before hitting the other.

"We just have to make sure we have all our information before making a determination," said Florida Highway Patrol Lt. Gene Hingson, who said investigators could make a ruling within days.

Killed in the 4:18 a.m. crash was Aracely Mendoza, 23, of Miami, a passenger in a white 2005 Ford van that collided with a silver 2003 BMW in the southbound lanes of I-95 at Commercial Boulevard, authorities said.

The wreck shredded the entire front half of the BMW and tore into the front passenger side of the van where it appears that Ms. Mendoza was seated at the time of the crash. Police shut the busy highway for several hours, and thousands of drivers on their morning commute inched by heaps of crumpled metal and shattered glass.

The BMW's driver, Davydson Soares, 31, of Pompano Beach, was taken to Broward General Medical Center in serious condition but released Friday afternoon. Troopers said he was not wearing a seat belt.

Highway accidents caused by a driver going the wrong way are not rare, even on well-traveled, well-lit highways. An analysis of accident data found there were 166 fatal wrong-way crashes on divided highways in Florida from 2002 to 2007. At least 212 people were killed in those crashes and more than 250 injured.

The van's driver, Elba Matamoros, 39, and two passengers, Ponya Carrera, 24, and Ruby Castenerra, 29 — all Miami residents, were taken to Broward General Medical Center for treatment. They declined to speak with reporters as they left the hospital Friday afternoon in bandages.

Troopers are currently investigating whether either of the drivers had alcohol in their system at the time of the crash.

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Robert and Paulette Kirkpatrick, both 63, of Phoenix, were killed in a Florida car accident in West Miami, Fla. on Feb. 18.

The accident occurred shortly after they attended the opening of an art show in Naples where Robert Kirkpatrick’s work was displayed, said their son, Steve Kirkpatrick, also of Phoenix.

The Kirkpatricks’ Chevrolet Cobalt was hit by a Toyota Tacoma truck driven by Thomas Cypress, 54, according to a Florida Highway Patrol. Cypress was charged with two counts of DUI manslaughter Feb. 19, according to reports in the Miami Herald. His blood alcohol level was .249, three times the legal limit. He had three previous drunken driving arrests and a suspended license, the Miami Herald reported.

Robert Kirkpatrick retired about 10 years ago as chairman of the art department at Perry Hall High School, Steve Kirkpatrick said. Paulette Kirkpatrick retired from Perry Hall High School seven years ago as English department chair. She had also taught at Dulaney and Owings Mills high schools, he said.

The Kirkpatricks moved from Towson to the Summer Hill neighborhood of Phoenix in 1994. After retirement, Robert painted fulltime and Paulette was a Master Gardener with the state’s Cooperative Extension Service and a member of the Maryland Horticulture Society, her son said.

His parents were on their way to the Florida Keys following the art show, he said.

“They loved the outdoors and wanted to snorkel on the Keys,” Steve Kirkpatrick said. “They looked forward to hiking and seeing the birds and alligators.”

He said funeral arrangements are not completed, but will be with Ruck Funeral Home in Towson.

The Kirkpatricks are also survived by a daughter, Jennifer Kirkpatrick, of Halethorpe.

We can not help but ask why Thomas Cypress was still allowed to drive after having 3 prior DUI arrests as well as a suspended license? While an answer to this question will not bring back this couple nor negate the loss felt by their children and other family members it could prevent this type of needless accident from happening to someone else in the future.

News Source: Towson Times

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Florida accident victims may soon find themselves with less or even no compensation for their injuries as a result of an automobile accident due to someone else's negligence. A recent study from the Insurance Research Council, and industry group, says that approximately one in six drivers across the United States may be driving uninsured by 2010 due to the current economic recession and the resulting unemployment. Given historical factors the percentage is probably much higher in Florida and especially South Florida where a large percentage of drivers are without insurance.

The council found a strong correlation between the percent of uninsured motorists and the unemployment rate: An increase in the unemployment rate of one percentage point is associated with an increase in the uninsured motorist rate of more than three-quarters of a percentage point. Based on current unemployment rate projections, the IRC says the percentage of uninsured motorists is expected to rise from 13.8 in 2007 to 16.1 in 2010.

The group did not break down their uninsured projections by state. It did note that 23 percent of Florida motorists did not have liability insurance at the end of 2007, the fifth highest percentage in the nation. That figure, however, is actually down from 24.1 percent in 2005.

Florida’s auto insurance law requires every motorist to have Personal Injury Protection to pay their auto accident medical bills and those of passengers. Coverage to pay damage to the other driver's vehicle or property is also mandatory. However, Florida auto insurance law does not require liability coverage or coverage for damage to the driver's own vehicle.

As a Florida attorney representing accident victims for over 15 years I frequently see accidents with too little or even no insurance to compensate the victim for their personal injuries, loss income, or even the damage to their car. This can all be avoided if Florida's drivers get the coverage they need. Comprehensive/Collision coverage will cover property damage to your own vehicle regardless of the coverage or lack of coverage by the other driver. While Bodily Injury coverage will cover the injuries of the other person if you are at fault for the accident by simply adding under or uninsured motorist coverage you (the insured) will cover your own personal injury and lost wages if you are injured due to the negligence of another driver with little or no insurance. These coverages can usually be obtained at a reasonable cost and should be discussed with your insurance agent. In today's economic environment these additional coverages could prevent you from economic hardship or even collapse if you are involved in a car accident.

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A memorial service is scheduled for 10:30 a.m. Thursday at Juno Beach Town Center for Juno Beach Police Officer Tiffany Renee Russell, 24, who died early Sunday in a single-car accident on Southwest Citrus Boulevard, 2 ½ miles north of Boat Ramp Road in Palm City.

The driver of the car, Lynda Kruse, 23, of Stuart, also died of injuries in the accident.

Juno Beach Police Chief Dennis Weiner said the memorial is limited to family, friends, the Juno Beach community and local law enforcement.

Kruse was driving a 2003 Mini Cooper north on Southwest Citrus Boulevard when she failed to navigate a curve, according to the Florida Highway Patrol report. The car went off the road and flipped several times, ejecting the two women, the report stated.

Spokesman Lt. Tim Frith said a Martin County sheriff’s deputy found the overturned car and the women in an off-road wooded area at about 6 a.m. Both women died at the scene after the 2:45 a.m. crash.

Ann Gent, a Juno Beach police dispatcher, said all officers from the small department were being notified of Russell’s death. “Everybody’s close to everybody, and it’s going to impact the department,” Gent said.

Russell had been working there for about 1½ years, the department’s press release stated.

“In that short time she had become a valued part of our community, a dedicated officer and a great friend to all of us here,” the release stated.

A fund has been set up for Russell’s 2-year-old daughter, Hailey Troutman, at SunTrust Bank. It is open for anyone to make a deposit in memory of Russell for the future care of her daughter. The account title is Hailey Troutman AMB Chad Troutman, account number 1000082209049.

The FHP report said neither Kruse nor Russell were wearing a seatbelt. The accident is under investigation.

News Source: TCPalm

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A rollover accident on Interstate 95 in Hollywood ejected and killed the car's teenage driver early Wednesday, according to the Florida Highway Patrol.

The victim, a 17 year old, flipped a 2003 BMW 745-I on the northbound I-95 exit ramp to Hollywood Boulevard. She was not wearing a seat belt, FHP said.

While trying to get off the interstate, she veered to the right, striking a metal guardrail, and then back to the left. The car then hit a wall, veered into a second wall and flipped. The impact tossed the victim from the car, killing her at the scene.

As a Florida accident attorney I have represented many victims of Florida automobile and truck rollover accidents. These accidents can be caused by someone's negligence such as driving at excessive speed, driving while impaired, reckless driving, improper lane change or defective products such as tires or motor vehicles, to name a few. Unfortunately, due to the design of most vehicles on Florida's roads they are not able to sustain the excessive force applied to the roof of the vehicle when it rolls over. The roofs of the vehicles are frequently crushed during the accident causing the occupants to sustain severe injuries and even death. It is far too common to hear of occupants being "thrown from the vehicle." This can be due to the occupant's failure to wear a seat belt or possibly seat belt failure.

If you or one of your loved ones has been involved in a rollover accident or wrongful death automobile accident and are unsure about your legal rights you should contact an attorney. For your convenience the lawyers at the Payer Law Group are available for a free consultation at your home or office.

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As a Florida personal injury attorney people often ask me what they should do if they're injured in an automobile accident. Here are the general rules I tell them to follow:

1) Call 911 to get help for anyone that may have been injured in the accident.

2) Call the police in order to document the accident with the appropriate type of police report or exchange of drivers' information form.

3) Do not discuss the accident with anyone, except to answer questions asked by police officers.

4) Do not take any blame for the accident.

5) Gather the following information from the other driver(s): Name, Address, Phone Number, Drivers' License Number, Date of Birth, Name of their Automobile Insurance Company and Policy Number.

6) Get follow up medical treatment with a doctor. Remember, it is common for pain to develop days after the accident.

7) Contact an attorney with Payer Law Group toll free at 1-877-854-4442 for your free consultation. We will explain your rights and duties as a result of the accident and will fight to obtain the maximum recovery for your injuries and losses.

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