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Posts Tagged "bar"

Bar Patron Injured In Tampa Car Crash Versus Building Might Be Entitled To More Benefits Than He Realizes

Posted by on Jan 28, 2015 in Motor vehicle accidents

Bar Patron Injured In Tampa Car Crash Versus Building Might Be Entitled To More Benefits Than He Realizes

An unsuspecting Tampa bar patron may be entitled to PIP benefits, bodily injury liability benefits, and even punitive damages after he was injured in an odd accident this week in a Tampa bar.   The OrlandoSentinel.com website reported about the Tampa drunk driving accident.   Apparently a woman named Sully Marie Torre–Medina lost control of her car Tuesday night, causing it to crash into the patio area of the Independent bar in Tampa.  A 34-year-old gentleman named Wesley Kincaid was apparently sitting in the bar’s patio area, was injured in a crushing injury as a result of the crash, and had to be taken to the hospital.   Mr. Kincaid may not realize it, but because he was involved in an accident arising out of the use of a motor vehicle, he may immediately be entitled to insurance benefits to pay his hospital and medical bills.  If Mr. Kincaid owns a car, he would be entitled to Personal Injury Protection (PIP) benefits under his own automobile insurance coverage.  If he doesn’t own a car, he would be entitled to PIP from Ms. Torre-Medina’s car insurance company.  (Download your FREE copy of our Florida PIP guide, by clicking here.)   Additionally, if Ms. Torre-Medina carried bodily injury coverage on her car (which is optional in Florida – but shouldn’t be), he can make a personal injury claim against her.  Because Ms. Torre-Medina has been accused of DUI, and found to be in possession of drugs and drug paraphernalia, Mr. Kincaid may also have a punitive damages claim against her.   We obviously hope that Mr. Kincaid will make a speedy recovery from his injuries.  He seems to have just been at the wrong place at the wrong time.  Nevertheless, we thought his situation was important as an illustration of all the different benefits that might be available in a Florida car accident involving a pedestrian or anyone else who is not inside a vehicle at the time of a crash.   If you have any questions following a Florida car accident of any kind, or about Florida car insurance and how it works, please call Winter Park personal injury attorneys Kim Cullen and Robert Hemphill at 407–254–4901, or visit our website.  You can also download a FREE copy of our popular Florida accident guide by clicking...

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Was The Drunk Driver In Your Accident Illegally Served By A Bar or Restaurant?

Posted by on Jan 14, 2015 in Motor vehicle accidents, Types of Accidents, Uncategorized

Was The Drunk Driver In Your Accident Illegally Served By A Bar or Restaurant?

I saw an interesting article on the insurancejournal.com website about a lawsuit that was recently filed in Wyoming by two women who had been injured in a crash involving a drunk driver.  Unlike a typical car accident case where the claim or lawsuit is brought against the negligent driver, the ladies in the Wyoming case brought their claim against the bar that served the negligent drunk driver.  According to allegations in the injured ladies’ legal Complaint, the negligent drunk driver was underage, and the people who were running the bar where the underage girl was provided the alcohol knew that she was underage. In Florida, cases like this one in Wyoming fall under a category of claims called “dram shop” cases.  Like most states, Florida law generally protects bars and restaurants from liability when one of their patrons leaves a bar or restaurant a little intoxicated and causes injuries to someone else.  However, in Florida, there are exceptions.  Florida Statute Section 768.125 make it unlawful for any person (or business) to sell or furnish alcoholic beverages to a person under 21, or to a person who is habitually addicted to alcohol, and makes the person (or business) liable for any damages caused by the underage drinker or alcoholic. As a lawyer who has handled a number of dram shop cases over the years on behalf of injured people (and the families of those killed by drunk drivers), I can tell you that putting together a viable dram shop case against a bar or restaurant can be challenging.  However, many times it is worth it when the drunk driver has limited or no insurance and there is no other avenue of recovery.  This is particularly true when the damages are catastrophic, or result in a wrongful death claim for families member whose lives have been ruined by a drunk driver. An argument can certainly be made that businesses who profit from providing alcohol to people who should not be in possession of it, and then allow them to get behind the wheel of a car, should be made to pay damages to those who have been injured by their greedy business practices. If you have any questions regarding a crash involving a drunk driver in Florida, or if you believe that the person who hit you had been drinking at a local bar or restaurant shortly before your crash, please call Winter Park personal injury attorneys Kim Cullen and Robert Hemphill at...

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Two Tragic Car Crashes In Orange County On Same Day Raise Questions

Posted by on Jan 27, 2014 in Motor vehicle accidents

Two Tragic Car Crashes In Orange County On Same Day Raise Questions

As a Florida personal injury attorney it is not rare for me to hear about fatal car accidents.  However, it is unusual to have two such accidents — under unusual circumstances — happen in Orange County on the same night. According the the clickorlando.com website, drivers of two separate vehicles were killed in two separate crashes over the weekend — one on John Young Parkway, and the other on Turkey Lake Road, in Orlando. video platformvideo managementvideo solutionsvideo player In the John Young accident, apparently the police approached a vehicle that had been reported stopped in the left hand turn lane at Interstate 4.  They found a man reclined in his seat, apparently asleep.  When the man was awakened, he seems disoriented, then quickly drove away, down John Young Parkway.  The man collided with two vehicles, and eventually sent the second vehicle — a minivan full of six (6) occupants bursting into flames.  Multiple people were taken to the hospital with injuries.  The driver who was originally found unconscious was ejected from his vehicle, and tragically died. Police are still investigating the issue of intoxication.  If the decedent is found to have been intoxicated, it would not surprise me based upon these facts, and my experience handling cases with similar facts. Because so many people have been hurt in this accident, and the likelihood that the decedent did not have a large automobile liability policy, I am hoping that the individuals in the minivan all had Uninsured Motorist coverage.  If I was one of the injured, I think I would also like to know where the driver had been that night.  If he had been provided with alcohol when he was obviously drunk by a bar or nightclub, the bar or night club could be held liable. The Turkey Lake Road case also seems like it could involve alcohol.  In that case, a driver lost control of his car for no apparent reason and crashed in to some trees.  The driver was tragically killed, and one of his passengers was seriously injured.  If I was the one injured in this accident I would keep my fingers crossed that I had enough foresight to buy Uninsured Motorist coverage. If you’ve been injured in a Florida car accident, or have questions about Uninsured Motorist coverage call Winter Park personal injury attorneys Kim Cullen and Robert  Hemphill at...

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