Car Accidents

Published on: August 29, 2014

GM Lawsuit to Reopen after Major Recall

Early this month, automotive giant GM failed in their attempt to keep a Georgia court from reopening a products liability case due to their massive recall started last year. In 2010, young Brooke Melton was killed when her vehicle hydroplaned, and many of the safety features of the GM vehicle failed. Melton’s parents settled with GM last fall, but have since decided to reopen the case now that it has come to light the GM had constructive knowledge of the faulty ignition switch. The recall was introduced to solve this fundamental flaw in the switch, which in extreme cases lead the vehicle to shut off without provocation, causing the airbags and other safety features to disengage.

The Georgia court has agreed to rehear the case, now that the evidence of the ignition failures have come to light. The case has again brought to light the scandal of the mass recall, which is said to incorporate millions of vehicles from GM’s fleet the past 10 years. GM has since admitted that it was clear that employees knew about the faulty switches over ten years ago. GM is upset about the decision, feeling that the settlement between GM attorneys and the victim’s family had been reached in good faith, and prevented further action against them for the same negligence. The case is not to be heard until 2016, but could be fast-tracked due to the looming issue of the recall still fresh on the minds of drivers and consumers. More on the recall and the case of Brooke Melton can be found here.

Published on: August 13, 2014

What to Do After a Car Accident

by Friedland | Carmona

Unfortunately for South Florida drivers, almost everyone will be involved in a car accident at some point in their lives. Accidents can be stressful, even if it is a minor bump in the parking lot, and dealing with the after effects of accidents can be even worse. Edmunds.com as well as various other car information websites have great resources and articles about what to do in the case of a car accident, and what to have in your car to be ready for such an eventuality. Here are some of their helpful hints and checklists to make accidents easier to deal with, especially in the case of litigation or injury. Be sure to check out the entire article here.

Edmunds suggests 6 steps to being better prepared for car accidents and the after effects. First, keep an emergency kit in the car. A small first aid kit, some pad and paper, reflective cones, and some type of camera are all an important first step in documenting the accident while remaining safe on the road after the accident. Second, moving the vehicles that can be moved off the road is extremely important. If there has been no serious injuries or no cars totaled, moving the cars can help keep the drivers safe until the police arrive or all information has been reported. Third, exchange information with the others involved in the accident. A common mistake made by drivers at this point, either in conversations with other drivers or emergency workers, is to admit fault, even in passing. At any point, do not admit to another person that the accident was your fault. Even if it is, this can complicate litigation and create major problems with insurance companies.

Fourth, use your camera, either your phone or one that you keep in the car, to document the accident. Take photos of the accident location, cars, and any injuries. Photographic documentation can help dispute other drivers’ accounts of events, and demonstrate that injuries and damage actually happened in the accident. Fifth, file an accident report with the police. This step is very important, especially for insurance companies. Insurance companies often require accident reports to move the claim forward. Lastly, you should always know what your insurance policy is covering. Waiting til the last minute to know that your insurance doesn’t cover towing or rental cars can add last minute stress, and extra costs to an already expensive experience.

These 6 small steps are essential to make an accident easier to deal with, and can help make the legal complications that follow an accident simpler and more likely to be in your favor. If you or a family member have been injured in a car accident, and need help sorting out the legal side of your insurance claims and medical bills, call the Friedland | Carmona. The attorneys at the Friedland | Carmona have extensive experience in automobile accident cases, and can get you the money you deserve to pay your bills and compensate your injuries.

Published on: August 7, 2014

Former Hialeah Mayor Severely Injured in I-95 Crash

by Friedland | Carmona

Former Hialeah Mayor Julio Martinez suffered major injuries as he was struck a car while he helped a friend change a tire on I-95. The driver of the car that struck him reportedly lost control of his vehicle and hit several cars, eventually throwing the former Mayor several feet above the pavement. Doctors are unsure at this point as to the extent of the damage to the former mayor, and but reports have him in critical condition at Jackson Memorial.

While the police report has not been made public, a spokesperson for the Florida Highway Patrol says that the driver of the car that struck Former Mayor Martinez lost control of his Honda Accord and struck several other cars, including the Mayor’s red Mercedes. Accidents of this type are sadly very common, as replacing tires, pulling over, and being stopped on the shoulder are all very dangerous conditions with drivers on I-95 travelling at such high speeds. Serious injuries, like those suffered by Mayor Martinez, require complex litigation skills in order to make sure that he and his family are compensated for their loss and their suffering. To keep reading about the Mayor’s recovery and more details on the accident, visit the Miami Herald’s coverage on the incident here.

Cases involving negligence like this are very complex, as replacing tires and helping people on the road can involve multiple legal topics; not just careless and negligent driving by the car that struck the Mayor. Rescue doctrine laws, assumption of personal risk, and contributory negligence will all play a major role in any possible lawsuit that Mayor Martinez will face, and it will require a firm dedicated to personal injury and automobile accidents to handle such complex topics in a way that will make sure the people injured are compensated and their medical treatment is managed. The attorneys at the Friedland | Carmona are well-versed in such complex automobile litigation, and can help anyone injured in automobile accidents due to the negligence or dangerous driving of others.

Published on: July 29, 2014

2 Dead After Head-On Collision on Tamiami Trail

by Friedland | Carmona

Two drivers are dead after a head-on collision that occurred in the morning hours of Monday on Tamiami Trail. Both drivers, one so far unnamed by officials, were killed at the scene. Reports indicate that Jerome McKinnley Huggins, driving his Ford Mustang, crossed over the line early in the morning, colliding with the second driver’s Chevy Silverado, causing massive damage to both vehicles, and killing both drivers at the scene. The accident itself caused delays for long periods of time in both directions, as emergency personnel struggled to disentangle the vehicles in an attempt to gather some information on the situation. Officers report that this is the third fatal accident on the trail in a short amount of time.

The scene was apparently so bad that police were having trouble telling parts of the vehicles apart, with debris spreading across both lanes, the shoulders, and the levees on both sides of the road. Head-on collisions like this one are often the most dangerous types of accidents, that can leave devastation on both sides of the accident. Death and very serious injury are common in this type of accident, and oftentimes, they require serious litigation to manage the expenses and suffering experienced after a major accident. You can continue to read the storyhere.

The Friedland | Carmona has significant experience in car accident cases, including ones with similar facts as the situation above. One similar case litigated by the Friedland | Carmona resulted in one of the largest settlements in the firm’s history. While compensation cannot replace the losses of major accidents like this, it can help pay bills that stack up after major injuries or death of a family member.

Published on: July 17, 2014

Actor and Comedian Tracy Morgan Suing Wal-Mart after Fatal Accident

by Friedland | Carmona

Actor Tracy Morgan, famous for his comedy acts and his stint on NBC shows 30 Rock and Saturday Night Live, was severely injured in a accident on the New Jersey Turnpike when his limousine collided with a Wal-Mart tractor trailer. Morgan’s friend, comedian James McNair, was killed in the crash. After consulting his attorney, Morgan, as well as several of the other passengers in the vehicle hit by the truck, have filed a negligence lawsuit against Wal-Mart for negligent operation of the tractor trailer that hit their vehicle.

The lawsuit cites negligent business practices, as the driver of the Wal-Mart vehicle had allegedly been awake for 24 hours prior to his shipping route shift. Morgan’s lawyers claim that there were much closer distribution centers to the home of the driver, and easier routes for him to take that would not have impacted his sleeping schedule nearly as much. Wal-Mart is cooperating entirely with the investigation into the crash at this time, and lawyers on both sides hope that they can find a way to make all of this right. Unfortunately for the friends of Mr. Morgan and Mr. McNair though, no litigation or compensation will bring back the loss of a close friend. Continue to read the story here.

Large-scale accidents such as those caused by negligent tractor trailer operation can be devastating to smaller cars and other drivers as well as the families of those victims involved. Deaths and severe injuries are common, like in the case of Mr. Morgan and his friends and their families. The penalties for operating vehicles negligently are steep, and this type of law is highly regulated. The lawyers at the Friedland | Carmona have extensive experience in automotive law and accident injury litigation, and will fight for you to get you the care and compensation you deserve.

Published on: June 2, 2014

Oregon Teen Charged with Reckless Driving After Tunnel Crash

by Friedland | Carmona

Manning, Oregon: Daniel Calhoun of Snohomish, Washington is being accused of reckless driving, reckless endangerment, and fourth degree assault after a crash on Sunday the 25th. Calhoun according to police, fainted after holding this breath while going through the 750 foot long tunnel. His car drifted across the center line, and struck an oncoming vehicle, injuring the driver and passenger and driver of the 2013 Explorer coming in the other direction. Shortly afterwards, a GMC pickup struck Calhoun’s vehicle, injuring Calhoun and his passenger. Police reported that people have been known to hold their breath while going through tunnels due to superstition that it is bad luck to not do so, and has become something of a game for young people. This 3 car crash has become a glaring reminder of just how dangerous games that distract or impair the driver can be.

While it is unclear how many people of the injured were in serious condition, at least one of the victims of the accident was reported in serious condition earlier this week. Police have already made multiple statements about the charges that will be brought against Calhoun, without addressing some of the tort liability that he might incur for the damages to the other drivers and vehicles. Further investigation is pending, but it seems that the majority of the damage has been explained by Calhoun’s fainting. Oregon State Police’s Twitter this week had the ominous warning “Don’t play games on our roads,” a strong reminder to keep your eyes on the road and maintain focus when driving.

Read More: http://www.usatoday.com/story/news/nation/2014/05/26/holding-breath-oregon-crash/9602071/
Image Credit: Oregon State Police

Published on: March 18, 2014

Three Fatalities, Numerous Injuries in South by Southwest Crash

by Friedland | Carmona

Police reported yesterday that a third person died after being hit by a suspected drunken driver last week in Austin during the South by Southwest festival. Austin police spokeswoman Veneza Bremner stated that twenty-six-year-old Sandy Thuy Le died from injuries she sustained when she was struck early last Thursday outside The Mohawk music club. Rashad Owens, the driver of the vehicle, was fleeing police when he drove through a barricade and accelerated his car into a crowd of people in Austin’s Red River Entertainment District. Two people were pronounced dead at the scene and twenty-one others were injured.

Le remained in critical condition in the hospital ever since she was hit. Dr. Christopher Ziebell, the emergency department director at the University Medical Center-Brackenridge, stated that the two most critically injured patients sustained life-threatening head injuries. Le’s brother-in-law, Stuart Gates, said that Le was surrounded by family and friends when she passed away Monday. Gates said that Le’s family was offering prayers and words of support to the family of DeAndre Tatum, the other critically injured victim.

The individuals pronounced dead at the scene were thirty-five-year-old Steven Craenmehr, who was on a bicycle, and twenty-seven-year-old Jamie West, who was riding on a moped. Spokeswoman Kendra Clawson said five of the injured remained hospitalized on Monday at the University Medical Center. Among those who remained in the hospital were one person in critical condition and two people in serious condition.

3rd person dies from South By Southwest crash www.palmbeachpost.com March 17, 2014

Published on: February 21, 2014

Icy Roadways, Speed, and Sun Glare Contribute to Pennsylvania Turnpike Pileup

by Friedland | Carmona

One side of the ice-coated Pennsylvania Turnpike outside Philadelphia was completely blocked last week due to two major pileups and a number of smaller fender-benders that involved both tractor-trailers and other cars. At least thirty people were injured and traffic was backed up for hours. It was just after 8:30 a.m. last Friday when the eastbound crashes were reported to authorities. The crashes occurred in the middle of rush hour traffic and not long after a storm that brought about a foot of snow to the area. Speed restrictions were imposed during the snow storm, but those restrictions were lifted at 6:00 a.m. The roads were still very slick when rush-hour drivers traveled on Friday, leading people to question whether the roads were adequately treated during the night. State police also believe sun glare may have played a role in the crashes.

The string of crashes created a five-mile traffic jam between the Bensalem and Willow Grove exits of the turnpike. It took authorities until the middle of the afternoon to clear up the road and officials did not reopen the turnpike in both directions until close to 4:00 p.m. One motorist who was stuck in the traffic jam said he saw about thirty damaged vehicles around him. He stated cars were turned around, facing the opposite direction of travel, gas tanks were cracked open, and the road was covered in glass and plastic. Ambulances transported thirty people from the scene of the crashes, but it was believed that no one sustained major injuries. Many of the injured were seen at two local hospitals.

State police continued to investigate the cause of the crashes; a spokesman stated some of the likely contributors were icy conditions, excessive speed, and sun glare. Trooper Adam Reed said, “The road looked wet, when it reality it was patches of ice.” Turnpike spokesman Bill Capone said that speed restrictions were lifted at 6:00 a.m. because road crews reported that road conditions had improved enough to return to normal speeds. Part of the state police investigation will be to determine whether the road conditions changed after the decision to return to normal, posted speed limits was made. Motorists described the turnpike as icy and slippery. One of the drivers of a vehicle that was struck stated the turnpike had “pieces of ice that were never removed or salted.” That driver also stated he was driving at about 40-45 mph, but other drivers were flying by him at 65-70 mph. Another driver said he was surprised by the road conditions because “normally the turnpike is one of the first roads that’s cleared, but today I was driving on solid ice.”

Trucks, dozens of cars crash on Pa. turnpike www.palmbeachpost.com February 14, 2014

Published on: February 11, 2014

Investigations Continue in I-275 Wrong-Way Crash that Killed 5

by Friedland | Carmona

The Florida Highway Patrol continues to investigate what caused a deadly wrong-way crash on Interstate 275 in Tampa Sunday morning. Troopers are attempting to determine which entrance ramp the wrong-way driver entered to see how the driver got to the point of crashing head-on into a vehicle carrying four University of South Florida students. All four of the students and the wrong-way driver died in the crash. The students who lost their lives were twenty-year-old Fort Myers native Imtiyaz Ilias, twenty-one-year-old Melbourne native Dammie Yesudhas, twenty-one-year-old Orlando native Jobin Joy Kuriakose, and twenty-two-year-old Melbourne native Ankeet Harshad Patel. The driver of the wrong-way vehicle has not yet been identified because his body was so badly burned as a result of the collision.

Florida Highway Patrol Sergeant Steve Gaskins released a statement in which he said, “We are working with the medical examiner’s office to positively identify who he is, though it might take medical and dental records.” Gaskins also stated that toxicology tests, which will show whether either driver was impaired, take six to eight weeks to complete. Investigators are also working to determine how the wrong-way driver came to crash into the vehicle full of students. Gaskin said it is unclear where the driver entered the highway. “He may have turned around in the median. We can say with some level of certainty that he was going the wrong way for at least a mile or two, at least.” Although there are video feeds at the highway entrance and exit ramps, they are used only for observing real-time traffic conditions, and do not provide videotape record of the driver on the highway.

A donation website has been created for the families of the students who were killed in the crash. A message on the website states, “It is unimaginable what the families must be going through right now. As we all work through this difficult time, it is important for us to come together and form a support net for the family. We are asking all of our family, friends, Greek community members, and associates help by donating as much as they can. Every little bit counts.”

Crash that killed 5 still under investigation www.palmbeachpost.com February 10, 2013

Published on: January 31, 2014

NHTSA Proposes New Safety Regulations for Child Car Seats

by Friedland | Carmona

Last week the government proposed new regulations that would require child car seats to protect children from injury and death in side-impact crashes. The National Highway Traffic Safety Administration’s proposed regulations would increase standards for child car seats for children weighing up to forty pounds by adding new tests that simulate side-impact automobile collisions. The NHTSA estimates that the new tests will prevent the deaths of approximately five children and injuries to about sixty-four others per year. NHTSA Acting Administrator David Friedman was quoted as stating, “Car seats are an essential tool for keeping young children safe in vehicles, and they have a proven track record of saving lives.”

The new proposed tests will simulate what is commonly known as a “T-bone” crash, where the front of a vehicle driving 30 mph will hit the side of a small passenger car driving 15 mph. Friedman said that testing the vehicles at “these speeds will cover over 90 percent of the side-impact crashes seen in the real world.” NHTSA officials reported that the tests will place the car seat on a sled and will have another sled strike the sled with the car seat, which will ensure that the car seats and not the vehicles themselves are being tested. The test will use not only an already approved twelve-month-old child dummy, but will add a three-year-old dummy.

Congress passed a transportation law in 2012, which requires that the NHTSA issue new regulations concerning car seats by later this year. However, NHTSA reports that it has been working on improving side-impact collision standards for years now. Some manufacturers have already taken steps to improve the protection afforded by their car seats in side-impact collisions. A spokeswoman for the Dorel Juvenile Group stated that the company has, since 2009, been adding small, already-inflated air bags into some of their car seat models to protect children’s heads in the event of a side-impact crash. The public will now have ninety days to provide commentary on the NHTSA proposal. The regulations will not be officially put in place until the agency has time to review the comments and respond to any pressing issues, which could take months or even years.

New rules sought to make child car seats safer www.palmbeachpost.com January 22, 2013