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

Posts Tagged "truck"

Dump Truck Owner May Have To Pay After SunRail Crash

Posted by on Oct 12, 2015 in Motor vehicle accidents, Recent News, Uncategorized

Dump Truck Owner May Have To Pay After SunRail Crash

In Florida, the owner of a motor vehicle is ultimately responsible for any damages caused by the operation of the vehicle.  One Central Florida dump truck owner could be on the hook for a lot more than he ever bargained for. The Orlandosentinel.com website actually has the video taken directly from the SunRail train (watch it here) that shows a dump truck parked way too close to the train tracks for the train to pass safely by.  The train engineer does the best he can to slow and/or stop the train, but the truck is just too close to the tracks and there is an obvious collision. According to the article, at least seven (7) SunRail passengers were taken to local hospitals with injuries – hopefully minor ones. In the event that any of these passengers have lingering, long-term physical problems, the ones that do likely have viable personal injury claims against the owner of the dump truck, and perhaps the driver who parked the dump truck, too.  The injured passengers could collect money for their medical bills, lost wages, and even pain and suffering. Many SunRail passengers ride the train to avoid the risk of a car crash on Interstate 4, or Central Florida’s other major roads.   They probably never dreamed they would be involved in a SunRail crash. If you have any questions following a Florida motor vehicle accident — even one involving a SunRail train or other non-highway vehicle, call Winter Park personal injury lawyers Kim Cullen and Robert Hemphill.  We represent clients from across Florida.  Every consultation is FREE and no-obligation.  Call us at 407-254-4901, or visit our website at cullen-hemphill.com...

Read More »

Walmart Litigation Tactics In Tracy Morgan Case: Unfortunately Typical In Florida

Posted by on Oct 1, 2014 in Motor vehicle accidents

Walmart Litigation Tactics In Tracy Morgan Case: Unfortunately Typical In Florida

I saw an interesting piece in the Los Angeles Times a couple of days ago that I thought what was worthy of mentioning on this blog. Many readers of this blog may be familiar with a fatal semi tractor-trailer accident in New Jersey several months ago involving TV star/comedian Tracy Morgan. The crash occurred on the New Jersey Turnpike and involved a semi tractor-trailer owned by Walmart and driven by a Walmart employee that smashed at a high-speed into the rear end of a van that Mr. Morgan and several other entertainers were traveling in. One man was killed.  Mr. Morgan and the other passengers were seriously injured. Suit was filed against Walmart several weeks ago on behalf of Mr. Morgan and the others.  The lawsuit included allegations that Walmart’s driver had violated federal traffic safety laws by driving without the proper amount of sleep or rest.   (I have blogged about tired driving on a couple of occasions recently, as his is a growing problem:  here and here.) Walmart has now responded to Mr. Morgan’s lawsuit by alleging that Mr. Morgan was not wearing a seat belt at the time of the crash, and therefore is somehow responsible for causing his own injuries.  Setting aside for a moment whether a rear seat van passenger is legally required to wear a seat belt, the fact of Walmart’s raising this defense, and this making it into the national news, struck me. After all, this is a defense that we see in almost every single automobile or truck accident case that we file a lawsuit on — whether it is applicable or not.  (In fact it is such a boilerplate part of defense filings, that we often see it raised as a defense in slip and fall and other non-automobile cases.)  It is part of the typical defense strategy in any kind of motor vehicle accident case to do everything possible to try to blame the accident victim for causing the crash or causing his injuries.  It is almost unheard-of for a Defendant to ever admit that they were wrong and simply face the consequences of the full damages or injuries that they have caused. It occurs to me that this is the exact opposite of how we teach our children.  As a parent, I am constantly trying to teach my kids about the value of being a responsible person and accepting responsibility when you have made a mistake or done something wrong.  Apparently, insurance companies and corporate Defendants never received this kind of lesson… Anyway, I suspect that the seat belt offense will eventually be dropped in Tracy Morgan’s case, as there has been a pretty decent amount of outrage in the media over these kinds of tactics.  Unfortunately, I don’t think our non-celebrity clients are going to get the same decent treatment anytime soon.. If you have any questions regarding...

Read More »

Sleep-Deprived Semi Driver In Tracy Morgan Case Not Alone

Posted by on Jun 18, 2014 in Motor vehicle accidents, Wrongful Death Claims

Sleep-Deprived Semi Driver In Tracy Morgan Case Not Alone

I am sure that I was not the only person to be shocked and saddened to learn that Tracy Morgan — the outrageous comedian known for his work on Saturday Night Live and 30 Rock — was in critical condition after a crash on the New Jersey Turnpike last week.  One of Mr. Morgan’s colleagues who was also in the van was tragically killed. According to an NBC News story, Mr. Morgan was traveling toward New York City in a luxury van when the van was rear-ended on the crowded road by a semi tractor-trailer. on the New Jersey Turnpike.  Further investigation of the crash revealed that the truck driver who hit the Morgan vehicle, Kevin Roper, had not slept in more than 24 hours before the accident. Federal transportation rules limit the number of hours that heavy truck (semi tractor trailers) drivers can operate their rigs.  For example, truckers are only allowed to work 70 hours per week, and can only restart the 70 hours after a 34 hour break once per week. Ironically, on the same day that Mr. Morgan was catastrophically injured and his friend died, the United States Senate was passing a new measure that would de-fund the government’s ability to enforce the limitations on drivers’ hours.  Apparently the trucking industry doesn’t like the rules much, and has been leading an all-out lobbying assault on Congress.  Trucking companies say that these measures are costing more than they are worth in terms of safety. As a Florida personal injury attorneys who regularly handles cases for people injured by heavy trucks, and their loved ones in Wrongful Death actions, I am confident that driver hours rules save lives, and keep catastrophic medical conditions from happening.  Our firm believes that the current rules should remain in place.  What do you think? If you have any questions regarding a Florida truck accident, or suspect that a driver involved in a crash had been behind the wheel without sleep too long, call Winter Park personal injury attorneys Kim Cullen and Robert Hemphill at...

Read More »