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Hit-and-runs are terrifying trends in the United States, especially because many victims may not have died if the driver had remained to provide aid or call for help. However, most drivers are prompted to leave the scene, either because they are breaking a law by driving without insurance or they are driving without a license.

 

Nowadays, it’s difficult to imagine that many of these drivers actually get away with killing another person and just leaving them after a car accident. The sad truth is, many hit-and-run drivers do escape justice. Statistics for these sorts of trends are scarce, but the Chron reports that in at least one area of the country, approximately 50 percent of hit-and-run drivers are never found.

Florida police are avidly trying to find a driver after a particularly violent hit-and-run crash last week. WTSP News reports that the accident occurred at 3 a.m. and left two young women dead and third in the hospital.

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The Second District Court of Appeals recently affirmed a trial court when it came to the issue of letting a jury see video of a surgery.  In Allstate v. Isensee, 39 Fla L. Weekly D1221, the court upheld a ruling from trial court Judge Linda Babb that let the jury see video of a surgery. Screen Shot 2014-07-01 at 1.40.15 PM In doing so, the 2nd DCA cited Pope v. State, 679 So.2d 710, 713 (Fla. 1996) and noted that “the test for admissibility of photographic evidence is relevancy rather than necessity”.  However, it noted that “relevant evidence is inadmissible if its probative value is substantially outweighed by the danger of unfair prejudice, confusion of issues, misleading the jury, or needless presentation of cumulative evidence”.  See Section 90.403, Fla. Stat. (2011).   So, if you are a Plaintiff Lawyer and are trying a case, roll tape.

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Medical malpractice is a tough issue that patients all across the country face. In Florida, malpractice rates are slightly higher than those in other states. According to the National Practitioner Data Bank, Florida had the fifth-highest number of malpractice payouts in 2012. Nationwide, there were 12,142 total payouts that year.

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Four years ago, a Miami patient died due to Dr. Peter V. Choy’s negligence. Teresita Garrido first visited Dr. Choy in 2008, complaining of pelvic pain. He ordered a CT scan that revealed a pancreatic mass.

Choy failed to inform Garrido of the mass, and he continued to keep her in the dark for several years, until she visited him in 2010, complaining of a more acute pain. Choy ordered another CT scan, and he eventually informed Garrido of the mass.

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Negligent driving takes many forms. Distracted driving is the most recognizable form today, because of the media attention it receives, but there are other types that are just as deadly. Reckless driving, which includes speeding, can also lead to serious accidents.

Oftentimes, it’s apparent that negligence played a role in an accident, but it’s unclear exactly what type of negligence contributed. These cases lead to lengthy police investigations to determine what caused the crash.

This may be the case in a recent accident in Fort Lauderdale.  WSVN News reports that the driver of a Honda Accord lost control of his vehicle and crashed through the front wall of a sushi restaurant.

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In the world of car accidents, tractor-trailer accidents are the most destructive. These large trucks can legally weigh up to 80,000 pounds. According to the Environmental Protection Agency, the average weight of a car is 4,079 pounds.

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The disparity between these two numbers should give you some idea of the destruction that occurs in a tractor-trailer collision. In many cases, these accidents resemble crashes between cars and trains more than the typical traffic accident.

Oftentimes, the accidents occur because of negligent driving. Tractor-trailer drivers are usually on very tight schedules, requiring them to drive for long hours at a time. It’s not unusual for drivers to exceed the federal rest guidelines in order to make a delivery on time.

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The law in years past has vacillated in slip and fall cases in business establishments involving water or other similary transitory substances.  For the past several years, actual or constructive notice has been the requirement. And, in a recent case, the Third District Court of Appeals dismissed a Plaintiff’s claim because, as they said, the “record here is devoid of any evidence suggesting that the Appellees had any notice—either actual or constructive—of the water on the floor.”  Kenz v. Unicco, 116 So. 3d 461 (Fla. 3rd DCA 2013).  In Kenz and for the foreseeable future, a Plaintiff must show evidence that the Defendant had actual or constructive notice of the condition that caused him or her to slip and fall and be injured.

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Suffering a slip and fall can be both dangerous and embarrassing. If you suffered a slip and fall because of the negligent behavior of another party, you may be able to recover damages.

To recover damages, an attorney would have to prove not only that the injured party slipped and fell, but also that the owner of the property was liable. Then, we would need to prove that it was foreseeable that the property owner’s negligence would create the danger that caused your injury.

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CBS News reports that South Florida pedestrians are more likely to be involved in hit-and-run accidents than pedestrians anywhere else in the nation. According to a recent report, part of the blame rests on dangerous road design that makes it more difficult for pedestrians to safely cross the streets.

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The problem is only growing worse, and many Floridians are calling on city officials to redesign roads. According to Smart Growth America, 5,189 pedestrians died in car accidents during the nine years between 2003 and 2012.

Pedestrians in Florida also account for more of the overall traffic deaths than the national average. The National Highway Traffic Safety Administration reports that pedestrians make up 14 percent of traffic deaths in the country, whereas Florida’s pedestrians represent 17.7 percent of fatalities.

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Losing a loved one due to someone else’s negligent behavior is tragic. It can be even more disheartening to learn that the state often cannot file criminal charges against the negligent party, leaving the victim’s family members feeling as though they will never find justice nor closure.

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This is an incredibly difficult position for anyone involved. Fortunately, the law allows family members to take matters into their own hands by filing a wrongful-death lawsuit. These claims are often very hard on the claimants, who must juggle their grief with their desire for justice.

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The League of American Bicyclists has sponsored National Bike Month since 1956, touting the activity as good for your physical health and mental well-being. Since May is Bike Month, it’s worthwhile to discuss bike safety in Florida in the hopes that increased bike traffic won’t simply lead to more bicycle accidents.

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It’s easy to imagine why accidents between bicyclists and cars often cause severe injuries. According to the National Highway Traffic Safety Administration, more than 48,000 bicyclists suffered injuries in car accidents during 2011.

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Florida has received a great deal of criticism for its hit-and-run laws. Specifically, many complain that the laws are too lenient, giving negligent drivers incentive to take their chances and flee the scene of the accident. Drunk drivers are especially likely to leave the scene because they can sober up and face little repercussions for fleeing.

 

The issue has become so widespread that many Floridians are so fed-up that they have been taking matters into their own hands and preventing would be hit-and-run drivers from leaving. Most of these good Samaritans follow the driver while calling the police, but bystanders of a recent accident in Fort Lauderdale took it one step further.

WSVN News reports that Ricardo Nord was speeding when he struck another car on the interstate. The crash forced the other car off the road and onto nearby railroad tracks. Fortunately, the engineer of an oncoming train managed to stop before striking the car.

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