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

Posts Tagged "pedestrian"

Does Addition Of New Street Lights Where 8-Year Old Pedestrian Was Hit Suggest Governmental Fault?

Posted by on Jan 28, 2014 in Motor vehicle accidents, Types of Accidents

Does Addition Of New Street Lights Where 8-Year Old Pedestrian Was Hit Suggest Governmental Fault?

Most people don’t realize that governmental entities enjoy broad immunity from liability for accidents and injuries in Florida. Immunity means that no exposure for damages exists because no legal claim can be brought. Here in Winter Park, many people will be aware of a recent automobile versus pedestrian accident involving Angel Lo and her grandfather. The pair were crossing State Road 436/Semoran Blvd. near Baldwin Park Street. It was nighttime, the pair had visited a convenience store, were crossing the highway, and were by a passing motorist who claimed she could not see them. Both pedestrians were hit and very seriously injured Now, it appears that the State of Florida is interested in working with a local utility company to install additional streetlights along that same stretch of road. Perhaps it is the lawyer in me, but such an effort makes me question, “If the streetlights they are talking about installing had been in place at the time of this accident, could these very serious injuries have been avoided?” The answer to that question seems pretty obvious. While questions about reasonable care and foreseeability and creating zones of risk are often raised in settings like this against “civilian” defendants, these questions are irrelevant against governmental entities. Most people do not realize that governmental bodies enjoy immunity for “planning level” activities. These are decisions such as whether to place a stop sign in a certain place, or whether to add a side rail in a curve, or even whether to add streetlights. Governmental entities can only be held liable for “operational level” activities, such as failing to fix a faulty traffic light or something similar. I can tell you from experience that this distinction often leads to very unfair and unjust results. If you’ve been injured as a pedestrian, or injured by the act or omission of a governmental entity call Winter Park personal injury attorneys Kim Cullen or Robert Hemphill at...

Read More »

Ladies Hit By Drunk Driver Crossing Downtown Orlando Street Need To Know This About Car Insurance

Posted by on Jun 10, 2013 in Motor vehicle accidents, Recent News

Ladies Hit By Drunk Driver Crossing Downtown Orlando Street Need To Know This About Car Insurance

Three young ladies who were hit as pedestrians by a drunk driver while crossing Garland Avenue in downtown Orlando over the weekend would probably be well-served by dragging out their automobile insurance policies and starting to study them. According to a story on the WFTV.com website, Alyshia Lemons, Deniece Gilbert, and Dawn Williams were crossing Garland Avenue on their way to a birthday celebration last weekend when Mohammed Kais came speeding down Garland and hit all three of them in the middle of the road.  Investigating officers say that Mr. Kais’ blood alcohol level was over twice the legal limit. Ms. Lemons, Ms. Gilbert, and Ms. Williams need to know that they are each probably entitled to assorted insurance benefits from a couple of different sources.  First, assuming that they can prove that Mr. Kais was negligent, each of the ladies would have a liability claim against him for damages.  They will each have to hope that he carried bodily injury liability coverage on this insurance policy because his having insurance makes it much more likely that they will be able to recover money for their injuries.  In addition, because he was drunk, each lady might have a claim for punitive damages against Mr. Kais, although his insurance company will not cover these damages which makes collecting from him much more difficult. In addition, in the short term, each lady would be entitled to Personal Injury Protection benefits (also called “PIP) – either under their own car insurance policies, or from Mr. Kais’ if that particular young lady did not own a car.  This PIP coverage will pay 80% of the first $10,000.00 of medical expenses incurred by each lady. Last, If Mr. Kais did not have liability insurance, or enough liability insurance to properly compensate each of the ladies, each of them could also assert an Uninsured/Underinsured Motorist claim under their own automobile insurance policies.  This coverage can pay for unpaid medicals and lost wages, as well as pain and suffering and other intangible damages. Alternatively, each of these ladies could elect to speak with an experienced Florida automobile accident attorney, who should be able to help navigate through what can be a very confusing process for the average layperson. If you have any questions regarding a Florida car accident, call Winter Park accident attorneys Kim Cullen and Robert Hemphill at 407-254-4901, or get a FREE copy of their informative book, Asleep At The Wheel – 13 Mistakes the Insurance Company Desperately Hopes You Will Make After Your Florida Car Accident by visiting...

Read More »

Why The Delay In Arresting Drunk Driver Who Killed Scot On Holiday?

Posted by on Feb 13, 2013 in Motor vehicle accidents

I was so pleased to read in the Orlando Sentinel that a Scots family may soon be receiving some justice following an accident that killed Peter Doherty, and injured his wife, Isobel. I originally blogged about this automobile versus pedestrian accident back in September 2012. At that time, all we knew was that Mr. and Mrs. Doherty were sitting at a bus stop near the Mall at Millenia when a car jumped the curb and hit them. They were on holiday from their home in Scotland. Apparently, the Orlando Police just made an arrest today, when they took David Lee into custody. Mr. Lee was obviously grossly negligent in the operation of his car. First, he failed to control his car, causing it to jump the curb. Second, he was going 52 mph in a 35 mph zone. Finally (and worse), Mr. Lee had a .115 blood alcohol – clearly in excess of the legal limit and clearly impaired. Mr. Lee has now been charged with DUI manslaughter – a very, very serious felony charge that carries with it some lengthy jail time. While I’m pleased for the Doherty family that their patriarch’s killer had been brought to justice, I am left to wonder why it took six months for law enforcement to move on this case. It seems clear that Mr. Lee’s blood was collected at the scene, or shortly after. It does not take six months to test blood. The officer at the scene also indicated that he observed several indicia of intoxication in Mr. Lee. I’ve never prosecuted a criminal case, but this one seems fairly straightforward. As an Orlando auto accident attorney, this one seems fairly straightforward from a civil perspective, too. Mrs. Doherty deserves to be compensated for her injuries, and for the wrongful death of her husband. I am hopeful that David Lee carried plenty of bodily injury liability coverage. Hopefully they also purchased some kind of travel accident insurance, as well. Money obviously cannot replace the loss of a loved one, but it can help with replacing lost income or replacement services. There are also pain and suffering damages that are, admittedly, difficult to determine. In working with Scots citizens, and other vacationers from the United Kingdom  currently and in the past, we have come to understand how different and foreign our legal system can seem – despite the fact that we share roots in the very same common law. When you are in a situation like that, sometimes it helps just to have your questions answered. Our thoughts and prayers go out to the Doherty...

Read More »