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Posts Tagged "van"

Where Did Shredded Tire Come From That Killed One In Osceola Crash?

Posted by on Apr 15, 2013 in Dangerous Products, Motor vehicle accidents

Where Did Shredded Tire Come From That Killed One In Osceola Crash?

Law enforcement officials are blaming a “shredded tire” for causing a church van to overturn on the Florida Turnpike last weekend, causing the death of a Miami woman. According to an article in the Miami Herald, Merlande Cherry, 46, was tragically killed in the accident, while the van’s driver, Willem Camille, was seriously injured and 18 passengers also received injuries. Mr. Camille and 16 of the passengers were transported to Central Florida hospitals. The group was reportedly en route to a church conference. The Florida Highway Patrol reported that a tire separation occurred causing the van to roll several times down the Turnpike. It goes without saying that a tire should not separate under normal driving conditions. As an Orlando automobile accident attorney, I have been involved in tire separation cases in the past. In those instances, the tires were almost always used tires, or retreads that should probably never have been sold in the first place. However, even new tires can separate if they are not manufactured to meet safety standards. New or lightly used tires can fail for many different reasons that would not be immediately obvious to a typical consumer. Last summer, I published this video with some tire safety tips: Tire separation, tire blowout, or tire failure cases can be very challenging, and very often involve a very careful, specialized, and scientific analysis of the remaining pieces of the tire. These are cases where it pays to speak with an experienced attorney as soon as possible after the accident. Hopefully, Ms. Cherry’s family can see fit, despite the grieving process, to make sure that any available pieces of the shredded tire are retained, if nothing else. If you have any questions following a Florida tire separation case, or any other kind of Florida automobile accident, call Winter Park personal injury attorneys Bob Hemphill and Kim Cullen at...

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Sneeze Seems Like Feeble Excuse In Flagler Wrongful Death Bicycle Crash

Posted by on Mar 25, 2013 in Motor vehicle accidents

Sneeze Seems Like Feeble Excuse In Flagler Wrongful Death Bicycle Crash

As a lawyer who has handled Florida car accident cases for nearly 20 years, it is easy to think, “I’ve seen it all.” However, every time that I think I’ve heard of every possible excuse for why a driver has caused a car accident, an explanation comes along that surprises me. The latest excuse comes from a story on ClickOrlando.com and involves a Flagler County accident where a bicyclist was tragically killed after being hit by a car. Apparently Frederick Martinez was riding in his bike eastbound – in the bicycle lane – on Highway 100, near Old Kings Road. As Mr. Martinez rode his bike, a van driving in the same direction apparently veered into the bicycle lane and hit him. Mr. Martinez was pronounced dead at the scene. The attached photo shows that Highway 100 has a wide shoulder/bike lane, and more than enough room for a bicyclist to expect safe riding. Apparently, the driver of the van attributed his causing the wrongful death of Mr. Martinez to a sneeze. Although I do not have any statistics on how often drivers sneeze while operating their vehicles, it occurs to me that sneezes happen thousands and thousands of times each day without causing accidents. It also occurs to me that if the van driver had been giving Mr. Martinez the three feet of safe passing distance that is required of cars overtaking bicycles under Florida law, he might have had enough time to sneeze, recover, and still avoid causing the wrongful death of Mr. Martinez. I don’t know who the van driver is, or anything about him, but this sneeze explanation rings hollow to me. Our hearts go out to Mr. Martinez’ family, and we hope that the van driver accepts responsibility for the tragedy he has caused. If you have questions following a Florida automobile or bicycle accident, call Winter Park personal injury attorneys Kim Cullen and Robert Hemphill at...

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