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July 23, 2014

Daytona Beach Traffic Accidents - High Risk of Tire Defects in Focus

For more than a decade, consumer advocates have argued for improved standards to help consumers tell the age of vehicle tires and determine when a tire might be "expired."
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However, our Daytona car accident lawyers understand they may be arguing for even longer, after the National Highway Traffic Safety Association declined to enact new regulations to address the issues.

The agency issued a report, summarizing a dozen years of research and asserting that Federal Motor Vehicle Safety Standard (FMVSS) No. 139 was sufficient to protect consumers. This was the standard enacted in 2006 that has resulted in enhanced tire safety standards and improved monitoring and alerts to driver when a tire is not properly inflated.

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July 21, 2014

Florida Job-Related Crash Deaths Among Young Workers a Major Concern

Typically, the worst thing a pizza delivery driver fears is a bad tip. However, tragedy struck recently when one delivery person in Florida was involved in a crash that resulted in his death. drivefast.jpg

Authorities have indicated the 19-year-old driver was traveling at high speed when he lost control of the vehicle and struck a tree, killing him on impact.

Daytona car accident lawyers note in such cases, where there is indication the worker may have been at-fault, there is still workers' compensation benefits and third-party liability issues to consider. Workers' compensation is a "no fault" insurance program, meaning benefits are provided for those who suffer job-related injuries or illnesses, regardless of blame.

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July 17, 2014

Florida Boating Accident Kills 4, Prompts Calls for Increased Regulation

A boating accident in Florida's Biscayne Bay on the Fourth of July killed four people, injured a dozen more and has prompted a call for legislation that might help to prevent such tragedies from occurring in the future.
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Daytona Beach boating accident lawyers understand the crash occurred in the mad dash to return back to the docks following the fireworks display over the bay. Three boats collided, and numerous people were ejected. All of those killed were in their early 20s. Investigators have launched an inquiry into whether alcohol may have been a factor. Booze was found on board at least one of the vessels, but no criminal charges have been filed at this point.

The crash has been named the worst in Miami-Dade County history, and has prompted various members of the recreational boating community in Florida to call on lawmakers to enact measures that might improve safety.

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July 15, 2014

Pool Owners, Manufacturers, Could be Liable for Injuries

Summer in Florida is prime time for pool fun. However, our Daytona pool injury lawyers recognize the potential for danger is great, particularly where children are concerned.
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Recently, the family of a 7-year-old Florida boy electrocuted in the family's pool filed a wrongful death lawsuit against both the manufacturer of the pool light, and the company that serviced it.

According to the complaint, Sloan v. Pentair Water Pool et al, the child's parents allege the boy was killed due to negligence by the two firms - specifically, negligence in design and manufacturing, failure to warn and vicarious liability (by the maintenance firm) for acts of omission.

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July 12, 2014

Sudden Weather Changes Spell Roadway Disaster in Florida

A sudden downpour caught officials and NASCAR drivers by surprise, resulting in a pileup of nine race cars at the Daytona International Speedway.
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The drivers had been on the verge of reaching peak speeds when a quick burst of torrential rain hit the backstretch of the track before officials on the frontstretch had a chance to wave the yellow flag. Several drivers swerved and spun out of control and an epic pileup ensued.

Our Daytona car accident lawyers note this as a classic example of how sudden weather can factor into serious crashes. We may not grapple with the snow and ice with which our Northern friends contend annually. However, we are prone to sudden downpours, flash-flooding, high winds, heavy fog and thick brush fire smoke. All of these serve to reduce visibility and decrease the road surface quality, making it tougher if not downright unsafe to navigate.

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July 5, 2014

Daytona Child Deaths, Injuries & Hot Cars

Recently, a 16-month-old baby was rescued from inside a hot car outside a Target store in Orange City, where the child's 17-year-old aunt had left the boy there while she went inside to grocery shop.
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The child was spotted by passersby, who saw the baby trapped and distress and called 911 as they broke into the car. A woman and her mother got the child out, but told Volusia County dispatchers, "he's really red and all sweaty." Authorities estimated 15 minutes had passed since the child had been left. The aunt, who said she forgot the baby, is expected to face misdemeanor charges.

Daytona Beach child injury lawyers understand that in 80-degree weather, it only takes 10 minutes in a hot car for temperatures to reach deadly levels. This is true even when the windows are rolled down two inches. And yet, research by the organization Safe Kids Worldwide found that almost 15 percent of parents had intentionally left children unattended in vehicles. For parents of children under the age of 3, the number was even higher - 23 percent.

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July 4, 2014

Gov. Scott Signs Tougher Hit-and-Run Legislation

The death of a 3-year-old girl following an apparent hit-and-run in Central Florida is being investigated by authorities with the Florida Highway Patrol, who say the girl was struck in the parking lot of her apartment complex. The child's 22-year-old mother, who reportedly did not see the incident, scooped up the child and called 911 as she rushed to the hospital in her own vehicle. Authorities told her to pull over and wait for emergency personnel. The child died at the hospital of her injuries.
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Daytona Beach hit-and-run accident lawyers know there is perhaps nothing worse in this world than losing a child. In these cases, the heartache is further exacerbated by the fact that the driver did not care enough to stop, as the law requires.

Up until very recently, drivers who fled serious accident scenes because they were drunk had incentive to do so. That's because the criminal penalties for leaving the scene of a crash were far less than what someone might expect if charged with DUI manslaughter.

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July 3, 2014

Daytona Injury Lawyers Wish Safe Fourth of July Weekend

Our Daytona Beach personal injury attorneys wish you and your family a safe and happy Fourth of July weekend.

Daytona Beach is a premier destination for summer fun. Whether you are here for boating, fishing, NASCAR, spending a day on a beach, or enjoying the nightlife, there is no shortage of things to do. We would just like to share some information and safety tips that can help you stay safe this holiday weekend. fireworks1.jpg

There are several areas where a little extra attention to safety can go a long way in preventing serious personal injury. One of those is water safety. Volusia County has compiled a list of tips to keep you family safe. Some of those tips focus on water safety and beach safety. One of the most important things you can do is to make sure that small children are constantly monitored when on the beach or in the water. Make sure you and your children always swim in view of a lifeguard and ask about rip currents. A rip current is a fast moving current that can pull you out to sea. Even the most experienced and strongest swimmers can be caught in a rip current. If you are caught in a rip current, the most important thing you can do is remain calm. Never fight the current. You should swim parallel to the current to escape.

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June 20, 2014

Whritenour v. Thompson - Florida Court Allows Negligence Claim to Proceed, Despite Bankruptcy Court Order

Florida's Second District Court of Appeals reversed an earlier summary judgement that barred a woman from seeking a negligence action against a driver who struck and seriously injured her son and his father.
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The appellate panel called the situation "unprecedented," and determined the trial court had erred as a matter of law in denying the plaintiff in Whritenour v. Thompson her right to a jury trial on the issue of negligence and damages.

Daytona car accident attorneys know that right to seek a trial for egregious wrongs is inherent in our justice system, and one that must not be denied. The courts were understandably thrown off, however, because the at-fault driver had filed for liquidation bankruptcy, which typically halts all creditor actions and later discharges most debts unless a specific exception is made by the court.

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June 18, 2014

Goicechea v. Lopez - Car Accident Victim Can be Made to Undergo Multiple Independent Medical Exams

A Florida woman had endured not one or two, but three car accidents between July 2007 and January 2009, each time sustaining injuries.
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This resulted in three separate lawsuits against three different drivers and their insurance firms. Still, she sought to limit the number of independent medical exams she would have to endure by filing a motion for a protective order that would limit each of the defendants to a single medical examination.

The Second District Court of Appeals denied her request in Goicechea v. Lopez.

Car accident lawyers in Daytona Beach know that unfortunately, independent medical examinations are one of the more unpleasant aspects of the litigation process for plaintiffs. It is in this setting plaintiffs feel as if their every word and movement is being scrutinized - and they are correct.

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June 16, 2014

Liability Not Eschewed With Catch-All Waivers, Florida Court Rules

An appeal from the Volusia County Circuit Court has resulted in the upholding of a basic legal principle that companies cannot indemnify themselves from liability or wrongdoing with broad language in ambiguously-worded contract. The law is generally going to be weighted in favor of the injured party.
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Daytona vacation accident lawyers tend to see this issue crop up perhaps more often than those in other states because Florida is a destination location. People come seeking the experience, the thrill. There are many here prepared to offer it - but who don't necessarily want to accept the legal responsibility should those individuals be injured as a result. Waivers have become a popular way of circumventing that responsibility.

Thrill-seekers should consider waivers carefully before signing, but recognize that waivers aren't necessarily a catch-all, as the recent case of Gillette v. All Pro Sports LLC aptly shows.

According to court records, the Volusia County Court ruled in favor of a Go Kart operator whose employee was accused of negligently increasing the cart's speed during the race, causing the patron to lose control of her vehicle, crash into the railing and become injured.

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June 15, 2014

Traffic Collisions Cost Us Each $900 Annually

A 1-year-old boy and a 17-year-old boy were among six people killed in the first of two horrific, multi-vehicle wrecks recently on I-95 in Flagler, both initially blamed on pickup truck drivers. The crashes occurred within two hours and 12 miles of one another, and both involved passenger vehicles and big rigs that caught fire.
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In addition to those who died, dozens suffered injuries that ranged from mild to critical.

Daytona car accident lawyers know that in some cases, the impact lasts only a few hours - a detour, or the inconvenience of a delayed work commute. For others, the day was life-altering, and things will never again be the same.

A new report by the National Highway Traffic Safety Association suggests one things is certain: We are all in some way affected by incidents such as this, both economically and socially.

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June 6, 2014

Central Florida Most Dangerous Nationally for Pedestrians

Numerous reports have highlighted the danger that pedestrians and bicyclists face every day in this country, particularly in the South and especially in Florida, which ranks No. 1 for deaths in both categories.
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Now, a new report underscores just how serious the problem is, both for walkers in Volusia County and those throughout Central Florida.

Daytona Beach pedestrian injury lawyers note the 48-page report, Dangerous by Design 2014, was complied by Smart Growth America, the AARP and the National Complete Streets Coalition. This report indicates Florida is No. 1 for pedestrian deaths between 2003 and 2012, and is home to the top four most dangerous metro areas in the country.

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June 4, 2014

Court: Vehicle Owner Liability Stands in Car Consignment Case

Florida's Second District Court of Appeals has upheld the broad standard of vehicle owner liability under the dangerous instrumentality doctrine, an issue similar to what the state supreme court weighed in the recent case of Christensen v. Bowen. mykeys.jpg

In the Christensen case, the high court ruled an ex-husband whose name was on the title could be liable for wrongful death damages caused by his ex-wife's negligent operation of the vehicle. In the more recent case of Youngblood v. Villanueva, the Second District held that the uninsured owner of a car left in the possession of an auto sales company for consignment may be liable for damages caused when a salesman, driving it for personal use, wrecked and killed another driver.

Daytona car accident lawyers recognize Florida is unique in its application of the dangerous instrumentality doctrine, as it relates to motor vehicles. Most states recognize owner liability when it comes to the use of dangerous tools or instruments. However, Florida is one of the only places where cars are considered "dangerous instruments" under the law.

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June 1, 2014

Trabulsy v. Publix - Florida Appellate Court Rules on Injury in Aisle Three

An allegation of vicarious liability against a grocery store followed the alleged assault of a patron by an employee. Florida's Fifth District Court of Appeals recently weighed whether the worker was acting within the scope of employment at the time of the incident.
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The question ultimately would decide whether the earlier court's earlier ruling in favor of the defendant would stand, or whether the case would go on to trial.

The justices decided in Trabulsy v. Publix that there was enough evidence that a reasonable jury might find the worker was acting within the scope of his job, regardless of whether the employer condoned his conduct or even expressly forbid it. If the jury views the case in this light, it is plausible the store could be held vicariously liable for the victim's injuries.

The case will now go to trial, unless a settlement is reached.

Daytona premises liability lawyers know in these cases, proving one was acting within the scope of employment doesn't necessarily mean "acting on an employer's orders." It can simply mean that the employee's purpose or intent was the furtherance of the employer's interests, even if the employer disagrees with the method.

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