(877) 244-6420 - Call for a free consultation with a Florida Accident Attorney

Posts made in September, 2014

Orange Jury Awards Multi-Million Dollar Award Against Tired Truck Driver

Posted by on Sep 15, 2014 in Motor vehicle accidents

Orange Jury Awards Multi-Million Dollar Award Against Tired Truck Driver

People who pay attention to our firm and the material that we share online — both blog posts, and videos — know that we are serious about generating public awareness about the dangers of tired driving.  Despite our reminding, preaching, and cajoling, drivers still get behind the wheels of their vehicles too tired to safely drive. One thing we know from handling car accident cases over the last twenty years is that sometimes the only way to get someone to change their behavior is to hit them in their pocketbook or wallet. I am guessing (hoping) that the truck driver discussed in the video below will never drive without proper rest again: $14 million is a lot of money. Juries typically do not award this kind of money unless they become irritated by some aspect of the evidence in a case. In this case, it was probably the truck driver’s doctored or missing log books that were supposed to guarantee that he was receiving enough rest. If you have any questions regarding a Florida car or truck accident, and especially one that might have involved a tired driver, call Winter Park personal injury attorneys Kim Cullen and Robert Hemphill at 407-254-4901, or order a FREE copy of their book, Asleep At The Wheel: 13 Mistakes The Insurance Company Desperately Hopes You’ll Make After A Florida Car Accident by clicking...

Read More »

Was Driver Who Crashed Into Winter Park Construction Workers Drunk, Distracted, or Both?

Posted by on Sep 10, 2014 in Motor vehicle accidents

Was Driver Who Crashed Into Winter Park Construction Workers Drunk, Distracted, or Both?

Two road construction workers were injured in our own backyard here in Winter Park last week, when a driver drove through a construction zone and pinned them against a tractor.  The driver apparently didn’t even know it had happened: A later report indicates that the driver, Arnold Kleine, has been charged with D.U.I. (driving under the influence of alcohol.) Alcohol may not have been Mr. Kleine’s only driving issue, however. Remarkably, he admitted to local news reporters that he was looking down at this phone when he drove into the construction area. As a Florida car accident lawyer, there are a bunch of interesting legal issues here. First, Mr. Kleine could face punitive damages claims from each construction worker if his intoxication contributed to the crash. Second, both of these workers will likely be covered by Workers’ Compensation insurance from their employers for their initial medical expenses since they appear to have been on-the-job at the time that they were injured. However, receipt of these Workers’ Compensation benefits does not foreclose the workers from pursuing claims against the negligent driver. If they do recover any money from the negligent driver, they will have to pay back their Worker’s Compensation carrier for any benefits paid on their behalf. If you have any questions regarding a Florida distracted driving accident, or an accident involving a drunk driver, or you are an injured worker who has been injured by the negligence of a third-party who not related to your company, please call Winter Park personal injury attorneys Kim Cullen or Robert Hemphill at...

Read More »

Statute Of Limitations In Child Sexual Abuse Cases Can Yield Harsh Results

Posted by on Sep 9, 2014 in Child Sexual Abuse

Statute Of Limitations In Child Sexual Abuse Cases Can Yield Harsh Results

I recently saw this story on the New York Times website regarding the Yeshiva University high school and thought it would be useful to potential readers of this blog — particularly those who may have been victims of child sexual abuse, especially here in Florida. The New York Times story pertained to a lawsuit brought in federal court in New York by 34 men who claim that they were abused from the 1970s through the 1990s by two rabbis at the Yeshiva University High School in New York City.  A federal appeals court panel dismissed the men’s  lawsuit last week. The appeals court panel ruled that the men should have brought their legal cases earlier, but that they had waited too long.  Every state, including New York, has various Statutes of Limitation that put time limits on each kind of lawsuit that can be brought.  In negligence cases (such as negligent supervision cases – which most abuse cases against institutional defendants are) lawsuits generally have to be filed within two or four years of the time that the injured parties knew or should have known they were injured.  In child sexual abuse cases, there are often circumstances that extend the Statute of Limitations, but not indefinitely. The men in this case relied upon the argument that they were justifiably delayed in bringing the lawsuit because of a cover-up on behalf of the University in an effort to protect the rabbis. The appeals court indicated that the delay was not justified because the men reasonably should have seen the stonewalling by the University for the cover-up that it was, and should have filed suit soon thereafter in order to get to the bottom of things.  It goes without saying that the men will not be allowed to go forth with proof to support their claims. On the surface, it can seem to child sexual abuse victims like the legal system is designed to protect institutions and sexual abusers from money damages instead of seeing that victims are properly compensated.  As a result of decisions like these, it is important for anyone who has been victimized by a child sexual assault to know that there are all kinds of technical legal pitfalls like this one that can destroy a civil claim for damages.  Therefore, it is always worthwhile for child sexual abuse victims to have their legal questions answered as soon as possible. Fortunately, many states, including Florida, have recently passed laws relaxing the Statute of Limitations for actions arising out of child sexual abuse.  This, of course, should be helpful to new victims of abuse, but not so much for today’s adults who were victimized years decades ago. If you have any questions regarding a child sexual abuse case, or the Statute of Limitations that may apply to these claims, please call Winter Park personal injury attorneys Kim Cullen and...

Read More »