Miami Injury Lawyer Blog

Chrysler agreed Tuesday to recall 2.7 million older model Jeeps, deciding to abruptly reverse its previous defiant position and avoid a potential public relations fiasco. At the center of the controversy are fuel tanks that have the potential to catch fire when the Jeeps are involved in rear-end collisions. If Chrysler continued to resist the recall it faced a showdown with federal government safety regulators that could have led to public hearings where witnesses would come forward and testify about deadly collisions involving the Jeeps at issue. This controversy could have ultimately led to courtroom proceedings and destroyed Chrysler's image and financial stature.

The government requested a recall earlier this month of Jeep Libertys from 2002 through 2007 and Jeep Grand Cherokees manufactured between 1993 through 2004. Chrysler refused the request, but reversed course after numerous calls from concerned consumers. The National Highway Traffic Safety Administration stated that the Jeep's gas tank can burst if hit from the rear, which in turn can cause the vehicle to burst into flames. NHTSA, which is the agency responsible for monitoring vehicle safety, conducted a three-year investigation of the vehicles. The investigation revealed that fifty-one people were killed in crashes involving Jeeps with gas tanks situated near the rear axle that caught fire.

Just two weeks ago, Chrysler claimed that the vehicles were not defective, despite the NHTSA allegations and investigation results. Tuesday, the company again reiterated that the vehicles are safe. Chrysler stated that dealers will fix the problem by inspecting effected Jeeps and installing hitch trailers to protect the gas tanks. Any Jeeps lacking a hitch will get one, vehicles with a broken hitch will be able to have it replaced, and vehicles with a hitch from a company other than Chrysler will also receive new hitches. Chrysler did not release the cost of the trailer hitches.

Chrysler agrees to recall of Jeeps at risk of fire, www.palmbeachpost.com June 18, 2013

Continue reading "Chrysler Finally Agrees to Recall Over Two Million Jeeps Due to Fire Risk" »

Just a month after five nurses were killed in a limousine fire in Northern California, ten women, some in their nineties, escaped unharmed from a smoking limousine that quickly became engulfed in flames. The women were celebrating a ninetieth birthday and were sitting inside the limousine outside the birthday woman's home. One of the passengers, Mary Chapman, sixty-three, said it was just after 11 a.m. on Sunday, June 9, when white smoke emerged from the partition separating the driver and passenger compartments. The doors of the vehicle were open at that time. Chapman stated she believed that the open doors are what saved the women.

When the women saw the flames they moved to the back of the vehicle and assisted each other out the door. A caregiver was there assisting the women as well and some relied on their walkers and canes to exit the limousine. About fifteen minutes later flames erupted. All of the women had relocated into the home by that time. The fire completely destroyed the driver and passenger compartments.

The May 4 fire on the San Mateo-Hayward Bridge over San Francisco Bay trapped five women in a limousine that was engulfed in flames within minutes. The California Highway Patrol has not yet concluded its investigation of this fire. Industry experts have said that the stretch limousine industry is poorly regulated because of a lack of funds and this could be a major contributing cause of the recent fires. According to Claudius Oliviera, the owner of the company that operates the limo, the 2008 Lincoln Town Car that caught fire Sunday was well-maintained and had about 80,000 miles. Oliviera blamed the manufacturer and said faulty wiring was responsible for the fire.

10 women, many in 90s, escape Calif. limo fire, www.palmbeachpost.com June 10, 2013

Continue reading "Another Limousine Fire, Ten Women Escape Unharmed" »

Nearly three dozen people were transported to hospitals in Louisville, Kentucky on Tuesday afternoon after a bus full of high school students and adult chaperones veered out of control and crashed into a concrete median on a Kentucky interstate. The Waggener High School students were returning from a trip to Eastern Kentucky University in Richmond, according to Jefferson County public schools spokesman Ben Jackey. Jackey stated that the students, all juniors and seniors, were participating in a program that gives students the opportunity to visit college campuses.

Among those transported to local hospitals were thirty students and four adults, including the driver of the bus. Barbara DiMecurio, director of emergency services at University of Louisville Hospital, stated that the injured were taken to five different hospitals in the area and all were reported to be in stable condition by Tuesday evening. Maggie Roetker, a Norton Healthcare spokeswoman, said that twenty-one children were taken to three of the company's hospitals and four remained in the hospital as of Tuesday night.

Police are investigating whether mechanical failure, including tire trouble, is to blame for the accident. A dashboard camera from a nearby truck showed video of the bus unexpectedly veering across the three left lanes of travel and into a concrete median. The crash occurred around 2:30 p.m. near the Jefferson-Shelby county line on the westbound side of Interstate 64. There was another bus transporting Waggener High School students from the college visit, but that bus returned safely to the Louisville school. Andrea Clifford, Kentucky Transportation Cabinet spokeswoman, said there was another accident on the opposite side of the interstate near the bus crash.

Multiple injuries reported in Kentucky bus crash, www.palmbeachpost.com June 11, 2013

Continue reading "Over Two Dozen High School Students Among the Injured in Kentucky Bus Crash" »

A family faced devastating tragedy on Manhattan's Upper West Side on the morning of Tuesday, June 4, when a teenager driving his parent's SUV without a license struck and killed a four-year-old and injured her grandmother. According to authorities, the accident occurred at West 97th Street and Amsterdam Avenue around 8:15 a.m. Franklin Reyes, the seventeen-year-old teenager driving the SUV, a Nissan Frontier, crashed into a restaurant on the ground floor of an apartment building where four-year-old Ariel Russo and her fifty-eight-year-old grandmother Katie Gutierrez were located. Both Russo and Gutierrez were pinned against a gate and as Reyes reversed, he may have struck both females again.

Authorities believe that Reyes was operating the Frontier at approximately 34 mph at the time of the accident, which is 4 mph over the speed limit on New York City streets. Both Russo and Gutierrez were transported to a local hospital following the crash. Russo was pronounced dead after arriving at the hospital, but Gutierrez is in stable condition.

Officers had attempted to stop the Frontier about ten blocks south of the accident scene when they noticed wide turns from far lanes and reckless driving. Although Reyes initially pulled the Frontier over, as two officers approached the car, he sped away. This is when Reyes headed north and made a left onto 97th street, where he crashed into the building. Reyes was arrested at the scene on charges of manslaughter and vehicular manslaughter. He was transported to the hospital after complaining of difficulty breathing. Authorities state that Reyes had a permit, but not a driver's license, and was operating his parent's vehicle without permission. Police are investigating whether Reyes' lack of driving experience contributed to the accident.

Child killed by car after driver flees car stop, www.palmbeachpost.com June 4, 2013

Continue reading "Young Child Killed in New York City After Teenage Driver Slams into Apartment Building" »

A pilot died over the weekend after he crashed his plane in the Loxahatchee National Wildlife Refuge. According to federal aviation officials, seventy-five-year-old Paul S. Soulé had radioed a tower before the crash about equipment problems. A spokesman for the National Transportation Safety Board, Peter Knudson, stated that Soulé, a Fruitland Park resident, warned tower officials about the equipment. Knudson could not provide any further details at the time. Knudson said crash investigators are reviewing audio tapes and flight records from prior to the incident. The investigation continued throughout the day today. The NTSB and FAA expect to release a preliminary report of the crash sometime next week.

Soulé left Fort Lauderdale Executive Airport Saturday morning around 9:45 a.m. to head home, but his Cessna 340A crashed to the ground about twenty minutes later in a swampy marsh about twenty miles west of Boynton Beach. Palm Beach County Fire Rescue received calls about the crash at about 1:25 in the afternoon. They responded to the scene, along with the Palm Beach County Sheriff's Office, using airboats. The NTSB and the Federal Aviation Administration have collected the plane's engine from the swamp, but the remainder of the plane will be gathered and removed on Tuesday.

Soulé had more than fifty years of experience flying aircraft and he was a retired U.S. Air Force lieutenant colonel and pilot. Soulé maintained a website that stated he had logged over 18,000 flight hours without an incident. He did have a close call in March when his landing gear failed and he was forced to make an emergency landing. Two years ago there was another crash in the refuge. Ryan Ruano and his cousin Sean McLeod died on November 13, 2011 when their 2008 Cirrus SR-22 crashed.

Pilot in deadly plane crash in wildlife refuge had radioed bout equipment problems, officials say, www.palmbeachpost.com June 10, 2013

Continue reading "Equipment Problems Suspected in Plane Crash that Killed Pilot Over the Weekend" »

Toyota Motor Corp. announced Wednesday that it will recall approximately 242,000 Prius and Lexus hybrid automobiles due to braking system problems. The recall includes about 9,000 Lexus HS250h vehicles built between June and October 2009 and about 233,000 Prius cars built between March and October 2009. The Lexus sedans were sold only in Japan and the U.S., but the Prius automobiles were sold worldwide. Of the 242,000 vehicles affected by the recall, 91,000 were purchased in North America and another 30,000 were bought in Europe.

Toyota stated that slower response times may result from the braking system problem. The brake pressure parts installed in the automobiles could crack due to vibration because they are composed of a weaker material. While the company has received numerous complaints about the braking system, no accidents, injuries, or deaths have been reported. The company has faced some serious blows to its reputation over the past few years after it had to recall thousands of vehicles in both 2009 and 2010 for problems including faulty braking, defective floor mats, and sticky gas pedals.

Toyota recalls 242,000 Prius, Lexus hybrid cars, www.palmbeachpost.com June 5, 2013

Continue reading "Another Big Toyota Motor Corp. Recall" »

School officials sent a new message to high school students last week before they went off to the prom: texting while driving can be just as dangerous as drinking and driving. Local law enforcement and schools partnered with the Miami Beach Coalition for a Drug-Free Community and presented the award-winning "You Only Live Once" Anti-DUI program Friday in the parking lot of the Miami Beach Convention Center. Miami Beach and Hialeah high school students watched on as teenagers acted out a story involving a group of friends whose lives were changed after one drunk student crashed his automobile, killing his girlfriend and injuring others.

Local firefighters joined in the story when they extracted the victims from the destroyed vehicles. Miami Beach police also joined in when they performed a mock roadside test on the driver of the car. While the story has been acted out for teenagers across the country for sixteen years, this is the first year local officials framed a new message around the dangers of texting while driving. Fans were distributed to students that said on one side "I'm a fan of not driving distractedly, STOP TEXTING." The other side of the fan warned students not to drink and drive because "YOLO," which is an acronym for "you only live once."

Michael Grieco, a Miami criminal defense attorney and former county prosecutor, spoke during the assembly, warning students that it only takes a small amount to be considered impaired. He said it only takes one drink or one text to cause impairment. Last week before the assembly, Governor Rick Scott signed a bill banning texting and emailing while driving in Florida. The bill makes texting or emailing a secondary offense, meaning an officer can only ticket a driver for texting or emailing if they are pulled over for another primary offense. A driver ticketed for violating the law would be fined $30. Many criticize the new law as not being tough enough.

School assembly highlights danger of texting while driving, www.miamiherald.com May 31, 2013

Continue reading "High School Students Learn About Serious Dangers of Texting While Driving" »

A former NBA star is reportedly in critical condition following a car accident in Clayton County, Georgia on Friday. Mookie Blaylock, a former point guard for the Atlanta Hawks, was one of three individuals injured in the head-on collision, the Atlanta Journal-Constitution reported. Blaylock was operating a Cadillac Escalade northbound on Tara Boulevard, stated Jonesboro police Chief Franklin Allen. For reasons yet unknown, Blaylock crossed over the median and drove into oncoming traffic.

After crossing the median, the Escalade struck another automobile head-on, causing injuries to the two people in that vehicle. All three individuals were transported to Atlanta Medical Center following the crash. Blaylock was put on life support and was unresponsive. The female passenger in the car that Blaylock struck was pronounced dead Friday evening. Blaylock's condition improved slowly throughout the day and by Friday evening he was removed from life support. He remained in critical condition. A family member informed police that Blaylock has been under treatment for seizures.

Report: Former Hawks player Mookie Blaylock improves after car crash, www.miamiherald.com May 31, 2013

Continue reading "Former NBA Player in Critical Condition After Car Accident in Georgia" »

One of the leading car manufacturers, Ford, announced that it will recall approximately 465,000 cars and SUVs because of fuel tank leaks that could cause fires. The world-wide recall affects the 2013 models of the Ford Fusion, Explorer, Flex, Taurus, Police Utility and Police Interceptor. Additionally, the 2013 models of the Lincoln MKZ, MKT, and MKS are all subject to the recall.

The company stated that the source of the leak is a connector from the fuel tank to the fuel line. This leak could cause consumers to smell gas or to see a leak on the ground. No fires or crashes have been reported at this time as a result of the connector problem. A Ford spokesman stated that dealers will replace the fuel delivery module, which includes the connector. Nearly 400,000 of the vehicles being recalled are located within the United States. Another 23,000 are in Canada and 7,600 in Mexico. The other affected vehicles are said to be located in Europe, Asia, South America, and other areas.

Ford recalling 465,000 vehicles for fuel leaks, www.palmbeachpost.com June 3, 2013

Continue reading "Ford to Recall over 400,000 Vehicles Due to Fuel Leaks" »

Seven people were killed Wednesday night in upstate New York after a truck trailer came unhooked from the truck and crashed into a minivan. Carino Vanorden, twenty-four, was driving the minivan with his fiancé, her cousin, another adult, and four young children inside. Vanorden was driving down a rural, two-lane road in Truxton, New York when a trailer hauling crushed cars broke free from the truck that it was hooked to and slammed into the minivan. Kate Vanorden, Carino's mother, stated that her son had no time to avoid the devastating impact. Among those killed in the accident were Vanorden, his fiancé, her cousin, and the four young children, all under the age of eight. The father of two of the children, Shawn Mead, was transported to Upstate University Hospital in Syracuse and was released Friday.

Friday, the sheriff's office reported that investigators determined the cause of the crash was mechanical failure. The part that was intended to lock the coupling between the tractor and trailer and keep them securely together failed, but investigators say it is not clear at this time what caused the failure. Typically, trailers are attached to tractors by a "fifth wheel." An automatic locking device secures a pin on the trailer that fits into the center of a large horseshoe-shaped piece of metal.

Most truck crashes are attributed to driver error and even in cases of mechanical failure, runaway trailers are very rare. According to data provided by the Federal Motor Carrier Safety Administration, between 2007-2011 only one in one-thousand fatal truck crashes involved the truck's couplings, chains or hitches. According to Ted Scott, the director of engineering for the American Trucking Association, the automatic locking device setup has proved safe and requires a manual release. He stated that it is a quite rare for the fifth wheel to come loose - "It is possible that with an old, not properly maintained fifth wheel that the device can get loose, the sides can wear away, the hole that the pin fits into is no longer snug and rigid. And at that point it can come loose, but that's a rarity."

Equipment failure caused NY crash that killed 7, www.miamiherald.com May 28, 2013

Continue reading "Seven People Dead in Upstate New York After Trailer Breaks Loose from Tractor" »

Just yesterday Florida Governor Rick Scott signed a bill banning texting-while-driving within the state. The ban traveled a long and rough road through the cautious state Legislature, but the governor believes it will now serve to make Florida roadways a bit safer. The law will take effect on October 1. Texting-while-driving is considered a secondary offense under the law, meaning that officers can only ticket a driver for texting-while-driving if the officer pulled the driver over for another primary offense.

Scott believes that it was important to sign this law before the summer began because "the 100 days between Memorial Day and Labor Day are known as the deadliest days on the road for teenagers." Florida is now the 41st state to ban texting-while-driving for all drivers. Among these states, Florida is one of only four that consider texting-while-driving a secondary offense. Six additional states have bans, but they apply to drivers under the age of 21 or those with learner's permits. Three states have no bans.

The Florida law has a number of exemptions, including allowing drivers to use their cellular phones to check maps, listen to music, or to even text while stopped at a red light, in a traffic jam, or while parked. The law also does not ban talking on a cell phone while driving. Although the law may not be as tough as other states' laws, it still stands for the proposition that texting-while-driving is wrong and illegal. More than 90% of Floridians over the age of 50 supported a texting-while-driving ban. Other supporters of the law include car rental companies, parents' groups, and health care associations. Cell phone providers had also pushed for the law. The nation's four largest cell phone companies recently joined together in an advertising campaign entitled "It Can Wait."

Florida governor signs driving-while-texting ban, www.palmbeachpost.com May 28, 2013

Continue reading "Governor Rick Scott Signs Bill Banning Texting-While-Driving in Florida" »

A suburban Boca Raton man sustained serious injuries early Sunday morning in a collision between a Lexus and pickup truck in suburban Delray Beach. The Palm Beach County Sheriff's Office stated that the Lexus was driving the wrong way before dawn Sunday when it collided with the truck. A sheriff's report revealed that alcohol impairment "is a likely factor in this crash."

Shortly after 4:30 a.m., Tung Thanh Truong, fifty-five, was travelling near the intersection of State Road 7 and Atlantic Avenue. Truong was operating his 1999 Lexus ES300 in the inside northbound lane of State Road 7, but driving in a southbound direction. He was about one mile south of Atlantic Avenue when the front left side of his vehicle crashed into the front left side of a 2007 Dodge Ram 1500 pickup truck travelling northbound.

Upon impact, the vehicles spun counterclockwise. Truong's vehicle came to rest near the center median and the pickup spun to a rest on the east grassy shoulder of the road. Palm Beach County Fire Rescue crews removed Truong from his Lexus and transported him to Delray Medical Center. The sheriff's office reported that Truong remains in the hospital, where he is being treated for serious injuries. According to the report, the pickup driver left the scene before rescue crews arrived and is still unidentified.

Suburban Boca Raton man sustains serious injuries in wrong-way crash today in suburban Delray Beach, www.palmbeachpost.com May 26, 2013

Continue reading "Wrong-Way Crash in Suburban Delray Beach Seriously Injures One" »

One skydiver is dead and another has sustained serious injuries in two separate incidents in Florida. Sixty-two-year-old Michael Trusser of DeLand, Florida was skydiving in central Florida, according to authorities, when a rough landing caused him to suffer serious injuries. It is suspected that Trusser possibly hit a motor vehicle as he landed in a Volusia County Schools bus terminal Saturday afternoon. Trusser was transported by helicopter to a hospital. Sgt. Chris Estes told the Daytona Beach News-Journal that Trusser's parachute caused him to fall too quickly because it had a "hard opening."

In northeast Florida that same day, seventy-three-year-old Lawrence Elmore of Keystone Heights died when his main parachute failed to open. Elmore was performing a solo jump at Palatka Municipal Airport. Police report that Elmore's reserve parachute did not open in time. According to the owner of Skydive Palatka, Elmore was an experienced skydiver who had performed somewhere near 6,000 jumps. Elmore was seen spinning in the air as he fell to the ground, according to witnesses. No foul play is suspected.

1 skydiver dies, another injured in Florida, www.palmbeachpost.com May 26, 2013

Continue reading "Two Separate Skydiving Incidents Claim the Life of One, Seriously Injure Another" »

Thirteen SUVs were recently put through front-end crash tests by an insurance industry group and only two of those SUVs received approval ratings. Numerous of the popular models performed poorly in the tests. The only vehicle to get the top rating of "good" was the 2014 Subaru Forester. Mitsubishi's 2013 Outlander Sport received an "acceptable" rating. The Insurance Institute for Highway Safety rated three of the top-selling models, the Honda CR-V, Jeep Wrangler, and Ford Escape as either "marginal" or "poor."

Sales of small and mid-size SUVs are drastically increasing each year. These vehicles are desired for their good gas mileage and extra passenger and cargo space. Between 2005 and last year, sales of small and mid-size SUVs grew fifty percent. The IIHS ratings are looked at by many buyers before purchasing a vehicle. The group states that its ratings are meant to encourage automakers to make safer automobiles. The ratings here were issued after the "small overlap" crash test "that covers only 25 percent of a vehicle's front end." The IIHS tests are actually more stringent than the U.S. government's "full-width front crash test." The IIHS test takes into account the crashes that affect only one-quarter of the front end, which account for nearly a quarter of the crashes that cause fatal injuries to passengers riding in the front seat.

The top-selling SUV this year, the Ford Escape, received a "poor" rating. Ford released a statement claiming that the Escape is safe because it comes equipped with advanced safety features and a structure designed to handle the impact of a crash. Other SUVs that received "poor" ratings were the Buick Encore, Hyundai Tucson, Kia Sportage, and Jeep Patriot. Most of the vehicles involved in the test were designed before the IIHS created the "small overlap" test and most companies have stated that their vehicles meet or exceed all government safety regulations.

Only 2 of 13 small SUVs do well in crash tests, www.palmbeachpost.com May 16, 2013

Continue reading "Many Top-Selling SUVs Perform Poorly in IIHS Test" »

An eighteen-year-old Amesbury, Massachusetts resident is finally walking again, more than seven months after losing her leg in a horrific accident. Paige Fortin has endured a long road of recovery, including numerous surgeries and other setbacks, but within the past few weeks Fortin has been fitted with a prosthetic leg, and is now walking for the first time since the accident. Fortin received the prosthetic leg over a month ago, but did not begin wearing it consistently until now.

Many were likely quite skeptical that Fortin would ever walk again after she and her boyfriend were struck by a truck while riding a scooter last September. Both Fortin and her boyfriend, Josh Zaino, were knocked off of the scooter upon impact. Zaino did not sustain serious injuries, but Fortin's right leg was catastrophically damaged. Fortin's doctors said the injury was one of the worst they have ever seen. Fortin's mother, Virginia Page, stated that it was likely Fortin's leg was caught in a tire rotation when she was hit. Fortin's leg was ultimately amputated. Fortin also suffered broken ribs, some road rash, a bruised lung and a broken femur. Fortin was wearing a motorcycle helmet when she was struck, which likely protected her from sustaining any head trauma.

In the months following the accident, Fortin underwent seven surgeries and two cleanup procedures, but she also dealt with numerous infections along the way that continually prolonged her recovery. Fortin has been in physical therapy and is adjusting well to her new leg, but she is still unable to run. Fortin says she is extremely appreciative of the fact that she can actually walk again, but hopes to work her way up to running in 5Ks someday.

Amesbury woman adjusting to life after amputation, www.palmbeachpost.com May 17, 2013

Continue reading "Eighteen Year Old Finally Able to Walk Again After Devastating Accident" »