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Posts made in September, 2013

Woman Who Killed Pedestrian In Kirkman Hit-And-Run Could Face Punitive Damages

Posted by on Sep 27, 2013 in Motor vehicle accidents

Woman Who Killed Pedestrian In Kirkman Hit-And-Run Could Face Punitive Damages

I was shocked when I read a story in the Orlando Sentinel about a hit-and-run accident earlier this week at the intersection of Kirkman Road and Conroy Road in Orlando. According to the report, Rose Darlaine Pierre, is suspected of driving up on the shoulder of Kirkman Road and killing a man who may have been trying to cross Conroy Road on foot.  Witnesses told law enforcement that Ms. Pierre’s car was traveling approximately 60 mph when the pedestrian was hit. In what can only be described as a cowardly act, Ms. Pierre fled the scene and apparently drove home.  A security guard in Ms. Pierre’s condominium complex noticed her car with a broken windshield and fresh property damage and responded to a police broadcast. As an Orlando accident attorney who has seen his share of wrongful deaths from automobile accidents, situations like this one where it must be apparent to the driver that she hit a human being at a high rate of speed infuriate me.  I just cannot understand how anybody with any humanity could leave a person alone on the side of the road to die. Under normal circumstances, when a person causes a wrongful death due to negligence, the at-fault person can be held liable for the damages suffered by both the survivors and Estate of the decedent.  However, in a situation like this one where the responsible person has done something particularly outrageous or egregious, the at-fault party here could also face punitive damages.  These are damages designed to punish bad behavior, and discourage future bad behavior, and are in addition to economic and pain-and-suffering damages. Our firm’s thoughts and prayers go out to the family of the pedestrian who was tragically killed in this case. If you have any questions regarding a Florida car crash or wrongful death case, call Winter Park personal injury lawyers KIm Cullen and Robert Hemphill at 407-254-4901.  Or order a FREE copy of my book, Asleep At The Wheel:  13 Mistakes The Insurance Company Desperately Hopes You’ll Make After Your Florida Car Accident, by clicking...

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Did FHP Pursuit of DUI Driver Lead To Orlando Crash With Serious Injuries?

Posted by on Sep 25, 2013 in Motor vehicle accidents

Did FHP Pursuit of DUI Driver Lead To Orlando Crash With Serious Injuries?

There is absolutely no debate that people who drive under the influence of alcohol (DUI) make the roads dangerous for everyone.   This point was driven home for me when I saw this story about a horrific crash that happened on S. Orange Blossom Trail in Orlando early Wednesday morning. video platformvideo managementvideo solutionsvideo player As an Orlando car accident attorney, a crash like this one presents a host of legal issues that may have serious consequences to the victims of this crash. For example, under normal circumstances, the people injured by the idiotic actions of the accused drunk driver, James Maddux, would have bodily injury liability claims for damages against him.  However, because he presented a fake drivers’ license to he FHP at this DUI checkpoint, something tells me that he is not going to have insurance.  Hopefully, he was a permissive user, and the Toyota Prius he was driving was owned by somebody who had insurance. I also hope that his passenger, Zachary Poirrier, as well as the injured people in the other vehicle, including Terris Byrd, either had Uninsured/Underinsured Motorist (UM) coverage, or were resident relatives of people who had UM coverage.  Residency — for purposes of establishing UM coverage — can often present complex legal problems. Finally, I would be curious to know exactly what FHP’s pursuit policy is when it comes to DUI suspects.  According to the media, Mr. Maddux avoided a checkpoint some distance away from where this significant crash occurred.  It would be interesting to know how many additional lives were put at risk by FHP’s decision to engage in a high-speed pursuit of Mr. Maddux.  If FHP violates its own policy, it would seem that FHP could have exposure to damages. Accidents like this one can be complicated for the average accident victim.  If you have any questions following a Florida car accident, and especially one involving a drunk driver, call Winter Park personal injury attorneys Kim Cullen and Robert Hemphill at...

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Grizzly Hiawassee Accident Reminds Us How Critical Uninsured Motorist Coverage Is | Orlando Accident Attorney

Posted by on Sep 23, 2013 in Uncategorized

Grizzly Hiawassee Accident Reminds Us How Critical Uninsured Motorist Coverage Is | Orlando Accident Attorney

When I saw this video from Orlando’s Fox 35 News, I knew I needed to share it on this blog. FOX 35 News Orlando There is no doubt that when the driver of the green 2001 Ford turned on to Hiawassee Road and began heading north, the driver had no idea that there would be stolen car careening southbound on Hiawassee Road, barely under control.  The head-on collision that happened next, at the corner of Hiawassee Road and Clarcona-Ocoee Road, will likely change the Ford driver’s life forever. The damage to the cars depicted in the video is obvious.  The driver of the Ford was airlifted to Orlando Health Hospital with very serious injuries. The driver who caused the accident in the stolen Buick — is a teenager.  Because the vehicle was stolen, it is almost a certainty that there will be no liability insurance that will apply to this accident in order to satisfy the Ford driver’s damages — which will undoubtedly include thousands and thousands of dollars in medical expenses. As an Orlando accident attorney, this case highlights to me the importance of carrying Uninsured Motorist benefits as part of an auto insurance package.  If the driver of the Ford carried Uninsured Motorist coverage, that coverage will “step into the shoes” of the teenage who caused this wreck, and will provide benefits to the injured Ford driver for medical expenses, lost wages, and pain and suffering. Without Uninsured Motorist coverage, the driver of the Ford will likely recover nothing.  This is why we constantly urge people to make sure they buy Uninsured Motorist coverage, and buy as much as they can afford.  In today’s world, you just never know when an irresponsible person is going to do something to put you at risk. If you have any questions about Florida Uninsured Motorist coverage, or whether you have a legitimate Uninsured Motorist claim, call Winter Park personal injury attorneys Kim Cullen and Robert Hemphill.  Consultations are always 100% free-of-charge.  Or, order a FREE copy of Kim’s book, Asleep At The Wheel:  13 Mistakes the Insurance Company Desperately Hopes You’ll Make After Your Florida Car Accident by clicking here....

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