Orlando Personal Injury Blog

Elderly Florida Couple Killed Following Two Car Crash

By Orlando Personal Injury Attorney on November 16, 2016

An elderly couple were killed this week following a fatal two-car crash. The auto accident happened near the couple’s home in Fort Lauderdale, Florida. The couple were returning home to the Siesta Bay RV Resort on Summerlin Road when they crashed into a car coming out of the RV park and attempting to make a left turn. The couple were taken to a local hospital where, according to the Lee County Sheriff’s Office, they died.

Although investigations continue, the couple, aged 87 and 89, are considered responsible for the accident due to a failure to yield. Alcohol is not considered to have been a factor in the incident.

Based on the accident report and subsequent media coverage, it does not seem like the other driver was injured. However, if they were, it is likely that they will be able to seek compensation for their injuries from the couples’ estate. This is because Florida law allows the victim of a motor vehicle accident to be compensated for their injuries. To get compensation, the other party will have to file a lawsuit against the couple. As in the case at hand, the suit would pass to their estate.

The injured party would start by showing that the couple were either negligent or reckless. In the case at hand, their failure to yield would be considered negligent driving. Next, one would have to demonstrate that this failure to yield caused the accident and that the accident is what caused their injuries. The injured party would further have to show that they in no way contributed to their injuries via a negligent act of their own. For instance, if the injured party failed to turn on their headlights and this contributed to the elderly couple not yielding, then the injured party would be found to be negligent too. In this scenario, any award of damages would be decreased by the factor that their failure to turn on their headlights contributed to their injuries.

Seeking compensation for your injuries can be a complex situation. To ensure you receive the compensation you deserve, it is important to contact a skilled personal injury lawyer.

Insurance Company Wrongly Denies Uninsured/Underinsured Motorists Coverage

By Orlando Personal Injury Attorney on October 28, 2016

According to Florida court records, an individual is suing the Metropolitan Casualty Insurance Company, from which she is seeking declaratory relief. The suit, which filed in Osceola County, alleges that the insurer acted in breach of its duty of good faith and fair dealing.

The law suit follows a 2015 motor vehicle accident. According to the complaint, on November 9 2015, while traveling on Old Canoe Creek Road in St. Cloud, her car was hit by another vehicle. The driver of the other vehicle was uninsured/underinsured. As a result of this collision, the plaintiff suffered bodily injury, disability, loss of earnings. In addition to these damages, she also claimed medical expenses relating to her treatment, both immediately following the accident and for her ongoing disability.

The plaintiff did have an insurance policy at the time of the accident, which she claims included underinsured/uninsured motorist coverage. However, Metropolitan Casualty Insurance Company, the defendant, disagrees. According to them, the plaintiff had signed an election/refection form refusing the underinsured/uninsured coverage – a claim that the plaintiff denies. Because of this, the defendant denied her claim for compensation, arguing that her policy did not provide for uninsured/underinsured motorist coverage.

In her suit against Metropolitan Casualty Insurance Company, the plaintiff claims that the defendant is responsible for compensating her for her damages. She further claims that because the defendant wrongly denied/disputed that her policy covers uninsured/underinsured claims, even going so far as falsely accusing the plaintiff of signing a computer-generated rejection form, she had to retain legal counsel. Thus, her claim for declaratory relief includes, in addition to the coverage benefits and compensation for her damages, attorney’s fees and ‘further relief as the court deems proper’.

If you or a loved one have been injured in a Florida automobile accident and the driver who caused the accident doesn’t have car insurance, you may still have the right to seek compensation. To learn more about uninsured/underinsured motorist insurance coverage or motor vehicle accidents in general, call the Law Offices of James O. Cunningham, P.A. at 1-877-FL-INJURY (877-354-6587) to schedule your free initial consultation.

Multiple Fatalities in Fiery Tampa Area Crash

By Orlando Personal Injury Attorney on October 28, 2016

The Hillsborough County Sheriff’s Office, along with the Florida Highway Patrol, are investigating a multi-car crash that left three adults and two children dead. According to law enforcement officials, the fiery accident occurred on Coconut Palm Drive and Dr. Martin Luther King Jr. Boulevard.

According to the Florida Highway Patrol, a 22 year old male was driving a VW Golf with a 19 year old passenger, traveling westbound on MLK. As their vehicle was approaching Coconut Palm Drive, three other vehicles traveling eastbound on MLK were also approaching the intersection. For yet unknown reasons, the driver of the VW Golf lost control of his vehicle, crossed the median and collided head-on with a Toyota Sienna, causing the Sienna to catch fire. The VW Golf then rotated and collided with a Toyota Scion, with debris from this crash hitting an oncoming BMW 3 series.

The Toyota Sienna that was hit head on was driven by a 39 year old female and had four passengers, all children aged nine to 18. The driver was killed at the scene, with two of the children being pronounced dead at Tampa General Hospital. The driver of the VW Golf and his passenger were also killed at the scene. All other passengers in the Sienna, along with the driver of the BMW, were treated for injuries.

According to neighbors interviewed by a local news station, a lot of street racing occurs in the area of the crash. However, Florida Highway Patrol report that there is no evidence that street racing had anything to do with the crash at hand. Investigations continue.

If you or a loved one have been injured or tragically killed in a Florida automobile accident, you have the legal right to seek compensation for your damages. According to Florida personal injury law, these damages can include, but are not limited to, medical treatment, loss of income, property loss, pain and suffering, emotional distress, loss of enjoyment, loss of consortium and punitive damages.

To ensure you get the compensation you deserve, contact the Law Offices of James O. Cunningham, P.A. today.

Wrong Way Driving Leads to Deadly Crashes in Broward Florida

By Orlando Personal Injury Attorney on October 28, 2016

On Thursday two wrong way crashes happened within just hours of each other in Broward, Florida, leaving one person dead and four others injured.

According to the Florida Highway Patrol, the fatal crash involved a red Ford F-150 pickup truck. The truck was traveling southbound in the northbound lanes of the Florida Turnpike. At some point, near Lauderhill, the pickup truck lost control and rolled several times. The driver was killed at the scene and, according to a local news channel, two female passengers were seriously injured. Police reports state that neither the driver nor the two passengers were wearing seat belts at the time of the crash, causing all three to be ejected from the truck.

The cause of the crash remains under investigation. “The first step is to figure out where they came from, where they were going and how they got in the northbound lanes while traveling south,” said one Florida Highway Patrolman, speaking to a local reporter.

What is known is that after rolling and ejecting its occupants, the truck came to a rest near a sound barrier located approximately one mile north of the Sunrise Boulevard exit. According to eye witnesses, as the truck approached the Sunrise Boulevard area, it veered to the left, entered the grass shoulder and rolled several times.

Several hours later, a second wrong-way accident occurred. This car accident involved a head-on collision when a driver was traveling south along the Sawgrass Expressway’s northbound lanes near Sunrise, Florida. According to the Florida Highway Patrol, neither drivers sustained any life threatening injuries as a result of the collision.

If you are the victim of a Florida motor vehicle accident that was caused by another driver driving in the wrong lane, you have the right to seek compensation for your injuries. Driving the wrong way in the wrong lane is both reckless and negligent and, if another driver’s negligence was the cause of your injuries, then Florida law allows you to file a suit for damages. To learn more about how Florida personal injury law applies to your unique situation, contact the Law Offices of James O. Cunningham, P.A. today.

Motorcycle Accident Leaves One Dead in Florida

By Orlando Personal Injury Attorney on October 21, 2016

A 19 year old man dies earlier this week following a motorcycle accident that happened just south of Stuart, Florida. According to the local Sheriff’s department, the man was riding his motorcycle at approximately 100 mph southbound on South Kanner Highway when he hit a car turning left onto South River Drive. The crash occurred in the afternoon.

According to police reports, the motorcycle hit the right of the car, causing it to spin and face south. The motorcyclist was thrown about 150 feet from the motorcycle, which burst into flames upon impact. The man was pronounced dead at the scene. The driver of the car and the passenger sustained minor injuries and did not require to be taken to a hospital.

The crash kept the westbound lanes of Kanner Highway closed for hours.

The Florida Highway Patrol says its investigation as to the cause of the crash remains ongoing.

Despite how horrible this accident is, it could have been worse. Considering the direct impact of the motorcycle, it is lucky that the driver and passenger in the car were not hurt and did not require hospitalization. However, even if they didn’t require emergency treatment, it could be a mistake for them not to go see a doctor. This is because many automobile accident related injuries do not manifest themselves right away, or sometimes they are so subtle that only a trained medical professional will recognize it.

Let’s say that the two people in this scenario decide not to go to a doctor. Two or three weeks pass and the driver begins to notice an increasing pain in his upper back that was not there prior to the accident. This pain requires medical treatment and some time off work. His doctor also warns that if it doesn’t get better, it may require surgery and could affect his ability to do his job. But when the driver goes to file a claim against the insurance company for the injuries sustained as a result of the accident, his claim is denied as being ‘un-related’.

Although this may sound farfetched, unfortunately situations like this happen all the time. To ensure you are properly compensated for all your injuries, it is essential to always seek immediate medical treatment after a car accident.

To learn more, contact the Law Offices of James O. Cunningham, P.A today.

Failure to Stop Leaves One Dead in Dump Truck Accident

By Orlando Personal Injury Attorney on October 20, 2016

A 45 year old female resident of Naples, Florida was killed this week in a car accident involving a dump truck. According to the Florida Highway Patrol, the drum truck was driving in the center lane of Collier Boulevard. As it approached a red light at the intersection of Veronawalk Boulevard, the driver failed to stop. The 45 year old female was driving westbound on Veronawalk and making a left turn on green when the front of the dump truck crashed into the left side of her Hyundai.

Upon impact, the dump truck immediately caught fire and was engulfed in flames, as was recorded by several witnesses. The Hyundai came to a stop between the outside lane and center lane of Collier Boulevard. It too was engulfed in flames. She was pronounced dead at the scene.

The accident and subsequent fires closed the southbound lanes of 951 from Rattlesnake Hammock to Veronawalk Boulevard for hours.

According to the Florida Highway Patrol, the crash remains under investigation, with charges pending.

Florida law allows for those who are injured in an automobile accident to seek compensation for their loss by filing a personal injury claim. (If the person is killed in an accident, than their right to seek compensation can pass to their surviving heirs via Florida’s wrongful death statute). In order to file a suit, one must start by showing that the party causing the injury was in fact acting negligently or recklessly.

In the case at hand, the dump truck’s failure to stop at a red light is not only a violation of Florida’s traffic laws, but also an act of reckless driving. Furthermore, it was this reckless act that caused the accident and the death of the other driver. Because there is a reckless act that caused the injury/death of another, then, according to Florida law, there are grounds to file a civil personal injury action with the courts.

Personally injury and wrongful death lawsuits are emotionally challenging and legally complex processes. To ensure you get the compensation you deserve, it is best to have an experienced Florida personal injury attorney help you navigate through the legal process. To schedule your free initial consultation, call the Law Offices of James O. Cunningham today, PA.

Have a Safe Labor Day Weekend

By Orlando Personal Injury Attorney on September 6, 2016

Labor Day weekend is notoriously one of the most dangerous weekends for Florida car accidents. In fact, according to the National Safety Council (NSC), there are typically more car accidents during the Labor Day weekend than any other holidays except Thanksgiving. According to the NSC, over the past five years three has been an average of 375 deadly car accidents per Labor Day weekend – 37% of which are caused, or at least partially caused, by someone driving under the influence of drugs and/or alcohol.

Read More About Having a Safe Labor Day Weekend »

Two Injured in Brevard County I-95 Crash

On Wednesday afternoon, two vehicles were involved in a crash along Interstate 95, near Palm Bay in Brevard County, which resulted in two individuals suffering injuries and the closing of all southbound lanes and every lane but one along the northbound side of the interstate. The Florida Highway Patrol has issued a statement that describes the accident as they understand it so far. According to this statement, the two cars, a 2003 Mazda and a 2008 Dodge, were both progressing northbound on the highway. The Mazda, which was behind the Dodge, drew closer and closer and then, say the state troopers, the Mazda struck the Dodge without slowing down.

Read More About Palm Bay Auto Accidents »

Ormond Beach Tree Trimmer Dead After Fall from Palm Tree

On Friday, July 22nd, around 2:15 in the afternoon, Thurman Hull, a 57-year-old who was employed by the Darryl Hamilton Tree Service, was trimming a tree at 1930 West Granada Boulevard when he fell from the ladder. The tree, which is described in the report from the Ormond Beach Police as being a big palm tree, was located at the back of a shopping plaza.

Read More About Ormond Beach Personal Injury Accidents »

Osceola County Hit-and-Run Leaves One Dead

The Florida Highway Patrol has released a statement regarding the hit-and-run accident that occurred along Marigold Avenue and San Remo Road around 9:30pm in Kissimmee on Friday. The statement describes how a pedestrian, who has been identified as the 34-year-old Alexis Perez, from Kissimmee, was crossing the street when he crossed into the path of a Volvo driven by the 31-year-old Jeannie Marie Petrie, also from Kissimmee. Petrie was driving north on Marigold Avenue when Perez appeared before her. Petrie hit Perez with the Volvo and then proceeded to run her over. When emergency vehicles arrived they pronounced Perez dead at the scene.

Read More About Florida Hit-and-Run Collisions »

Florida Personal Injury Office Locations

Main Office

Orlando Personal Injury Office:
3117 Edgewater Dr
Orlando, FL 32804
Phone: 407-425-2000
Toll Free: 877-FL-INJURY
Fax: 407-843-8274

Seminole County

Lake Mary Office:
1001 Heathrow Park Lane
Suite 4001
Lake Mary, FL 32746
Phone: 407-487-4408

Osceola County

Kissimmee Office:
17 S. Orlando Ave.
Kissimmee, FL 34741
Phone: 407-966-4408

Volusia County

Daytona Beach Office:
1301 Beville Rd., Suite 8
Daytona Beach, FL 32119
Phone: 386-243-4994

DeBary Office:
465 Summerhaven Drive, Suite C
DeBary, FL 32713
Phone: 386-320-3911

Deland Office:
Downtown Executive Center
120 South Woodland Blvd.
Deland, FL 32720
Phone: 386-206-1264

Citrus County

Inverness Office:
110 North Apopka Ave.
Inverness, FL 34453
Phone: 352-205-4341

Polk County

Lakeland Office:
1102 S. Florida Ave., Suite 104
Lakeland, FL 33803
Phone: 863-968-7551

Winter Haven Office:
325 Avenue A, N.W.
Winter Haven, FL 33881
Phone: 863-968-7173

Hillsborough County

Tampa Office:
100 S. Edison St. Suite D
Tampa, FL 33606
Phone: 813-355-9772

Marion-Sumter Counties

The Villages Office:
3420 U.S. Hwy. 27/441
Fruitland Park, FL 34731
Phone: 352-419-0825

Lake County

Mt. Dora Office:
602 East 5th Ave.
Mt. Dora, FL 32757
Phone: 352-436-4696

Clermont Office:
900 W. Highway 50
Clermont, FL 34711
Phone: 352-503-4674

Brevard County

Titusville Office:
506 S. Palm Ave.
Titusville, FL 32780
Phone: 321-222-7300

Cocoa Office:
96 Willard Street
Suite 206,
Cocoa, FL 32922
Phone: 321-757-1373