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Posts Tagged "crash"

Did Defective Road Contribute To Tragic Car Crash In Bithlo/Christmas?

Posted by on Jul 15, 2016 in Motor vehicle accidents, Wrongful Death Claims

Did Defective Road Contribute To Tragic Car Crash In Bithlo/Christmas?

Many of us here in Winter Park — and especially those of us who are parents of recent and current Winter Park High School students — were shocked and saddened to learn of a tragic car accident that happened a couple of nights ago out in the Bithlo/ Christmas area. The one-car crash killed Thomas Stutts and Justin Vail, and injured Omokolap Hunpatin, after the SUV they were traveling in left the roadway of Fort Christmas Road, crashed through a fence, and into a tree. The coverage that I saw was from the good folks at WESH.com (who I think always do a great job on local reporting.) As an attorney who has handled car accident and wrongful death cases for a long time, a couple of things struck me about the story. First, I was shocked at the destruction to the SUV that these young men had been driving in. I was, frankly, surprised that anyone could have survived this crash. I was not surprised to hear from the Florida Highway Patrol that speed may have been a factor in the crash. However, my interest really perked up when the WESH reporter started interviewing neighbors, who reported that horrible accidents (many of them involving fatalities) happen along that seemingly quiet road all the time. Video captured for the story showed multiple crosses and other memorials laid out beside Fort Christmas Road where other fatal crashes have presumably occurred. Normally, a governmental entity cannot be held responsible for planning-level decisions — such the decision to build a road, or where the road will travel, or where to put a stop sign. However, when it becomes apparent that something about the design of the road contains some kind of defect or makes for a dangerous condition, then a governmental entity can be held responsible for damages for personal injuries or wrongful death. When I hear about multiple deaths on the same stretch of road over a period of time, I start to wonder whether we have a defective road.  I become suspicious that perhaps the County, or State, or whichever entity built that road, could have done more to make it safer – like perhaps installed barriers on the edge of the roadway, or speed humps, or some other similar seemingly simple remedy that might have saved these young men’s precious lives. If you have any questions regarding a Florida car accident or wrongful death case, please call Winter Park personal injury attorneys Kim Cullen and Robert Hemphill at 407-254-4901 for a free, no obligation strategy session, or download their free, information-packed Florida car accident guide by clicking...

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Best Evidence Following Florida Car Crash Instantly Disappears

Posted by on Mar 9, 2015 in Motor vehicle accidents

If you are involved in a Florida car crash, you can rest easy because you know that the camera perched over the intersection where the other driver just ran a red light and smashed into you car, recorded everything, right? Unfortunately, not. The vast majority of Florida traffic cameras don’t record anything.  The images passing through the lenses of the machines disappear as soon as they are broadcast back to the traffic monitoring center.  Watch this video to learn more: If you have been involved in a Florida car accident, and have any questions, please call Winter Park personal injury attorneys Kim Cullen and Robert Hemphill at 407-254-4901.  Consultations, and questions answered, are always...

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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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