Ocala Injury Lawyers Blog

Student’s Father Sues School District in Slip-and-Fall Accident

Published on: March 5, 2015 | Dean Law Firm, LLC

In a case earlier this month, a Nebraska appellate court reversed a lower court’s ruling that dismissed a man’s lawsuit alleging that his son’s middle school was negligent in the maintenance of the school.

Back in 2009, the father of a middle-school student tripped and fell outside his daughter’s school after a varsity volleyball match. Evidently, as the man was leaving the school, he left out the side doors. Testimony revealed that there was some lighting in the vestibule between the double doors, but no lights outside.

As the man was leaving, he was prevented from walking down the ramp immediately in front of the doors because there was a large group of people standing in his way. He then continued down what he thought was a path to the parking lot. However, at some point, he tripped and fell and landed on his elbow. He required surgery to fix the broken bone in his arm.

Florida’s “2 Drunk 2 Care” Driver Pleads Guilty to DUI Manslaughter in Fatal Crash

Published on: March 3, 2015 | Dean Law Firm, LLC

Earlier last year, a South Florida woman tweeted “2 Drunk 2 Care” minutes before she was involved in a fatal accident that killed two 21-year-old women. According to a local news report, the woman pleaded guilty to two charges of DUI manslaughter stemming from the 2013 accident that killed the women.

Investigations revealed that the woman drank two large margaritas earlier in the evening. Apparently, after drinking the large drinks, she tweeted right before the collision that occurred on the Sawgrass Expressway in South Florida. The woman began driving the wrong way on the Expressway and then collided head-on with the car driven by the young victim. Unfortunately, both of the women died as a result of the accident. The driver claims that she told the bartender that she was under age but that he continued to serve her drinks nonetheless. She was also severely injured in the crash and is currently in a wheelchair. The driver can face up to 30 years in prison, which will be determined at her sentencing hearing.

Dram Shop Laws in Florida

Many states have enacted a statute entitled the “Dram Shop” Act. This act makes it possible for a victim or the family of an accident victim to bring a lawsuit against the establishment that served an intoxicated patron who caused an accident. Florida law specifies that the establishment must knowingly provide alcohol to a person who is under the legal drinking age or is a “habitually addicted” individual. The establishment can be held liable for the injuries caused by the addicted person or the minor.

Illinois Man Arrested and Charged in Fatal Florida Hit-and-Run Accident

Published on: February 20, 2015 | Dean Law Firm, LLC

Earlier this month, a man was arrested in his Illinois home and charged with the hit-and-run death of a bicyclist he had struck with his vehicle over four years earlier. According to one local Illinois news report, the man struck a bicyclist on August 21, 2011 shortly after midnight. Rather than stop and render assistance, he fled the scene.

Evidently, the bicyclist was riding on the wrong side of the road when he was struck by the defendant. After the victim was found on the side of the road, emergency crews attempted to save his life but were unable to do so. Two hours after the accident, the man was pronounced dead.

The driver initially failed to stop at the scene of the accident, but hours later he called the police station and let them know about his involvement in the accident. The police began an investigation that took two years to complete. In that amount of time, the man had moved from Seminole County to Jacksonville and then to Illinois. It is unclear what took so long to complete the investigation.

Initial Settlement Agreement in Wrongful Death Case Against Florida Police

Published on: February 13, 2015 | Dean Law Firm, LLC

There have been recent updates in the Florida case where an individual was killed while he was being arrested by Key West police officers. According to national news reports, the man died on the morning of Thanksgiving in 2013 by what appeared to be asphyxiation. The officers who were involved in the arrest claimed that the man ran away from the police and then subsequently collapsed. However, video footage reveals that the man surrendered before police were anywhere near him. Additional footage also showed that the man’s face was covered in sand, which was contrary to what the police reported.

The man’s family brought a wrongful death suit against the City of Key West police related to his death. The parties began negotiations in an attempt to avoid a lengthy and emotional trial. An initial settlement agreement has been reached but is still awaiting approval from a judge. The police force has stated that this settlement agreement was a business decision rather than an admission of guilt or wrongdoing.

Florida School Security Guard Involved in Fatal Collision with Tractor-Trailer

Published on: February 7, 2015 | Dean Law Firm, LLC

Recently, a beloved school security guard was killed after colliding with a tractor-trailer while she was on her way to work. A local Florida news report explained that the woman was driving west on Northwest 79 when she attempted to make a left turn onto Northwest 22nd Avenue. A tractor-trailer, which had the right of way at the time, was traveling east on 79th.

It appears the tractor trailer saw the woman but was unable to stop the truck in time. As the truck driver was trying to avoid the accident, he lost control and slammed into a series of palm trees, ending only when he rammed into the woman’s car. Unfortunately, the woman was pronounced dead at the scene of the crime. An investigation by the state police is still ongoing at this time.

Three-Semi Pile-Up Injures One on I-95

Published on: February 6, 2015 | Dean Law Firm, LLC

Earlier this week in St. John’s County, a three-truck accident seriously injured one man and closed one lane of the highway for several hours. According to a report by one local news agency, the accident took place just north of Florida 16 at around eight in the morning.

Evidently, one semi-truck rear-ended another truck, causing both trucks to come to a stop in the middle of the lane. A few moments later, a third truck approached. Failing to see the wreck in front of him until it was too late, the driver slammed into the two disabled trucks, adding a third truck to the pile-up. According to the Florida Highway Patrol, the third truck driver did attempt to avoid colliding with the two other trucks. However, the effort was made too late, and a collision could not be avoided. It was dark at the time of the accident.

One of the drivers was taken to UF Health Jacksonville with serious injuries. The other two drivers reported no injuries. Authorities are still conducting an investigation into what could have caused the accident between the two initial trucks. So far, no one has been cited for their role in the three-truck pile-up.

Study Suggests that Florida is Worst State To Be Involved in a Car Accident

Published on: February 4, 2015 | Dean Law Firm, LLC

A recent research study indicates that Florida is one of the worst states to be involved in a car accident. According to a local Florida news report, the study was conducted by a well-known financial planning website and useD insurance information to come to its ultimate conclusion.

The report relayed an anecdote by a woman who was in a car accident in Florida. Apparently, the woman was coming home from work one evening when another car hit the side of her recently paid-off Ford. Unfortunately, the other driver did not have a license, was driving someone else’s car, and was from a foreign country. The ordeal took over six months and many thousands of dollars before the accident victim was able to get back to her normal life.

The research study explains that over 23.8 percent of drivers in Florida do not have car insurance. That makes Florida the second-highest state in the country in that category. Additionally, Florida has a very permissive policy on the amount of insurance that drivers are required to have, meaning that drivers can carry insurance with very low limits. As a result, there are many situations where damages go unpaid and people (and insurance companies) are not held accountable.

Canadian Motorcyclist Killed in Accident in Florida

Published on: January 22, 2015 | Dean Law Firm, LLC

Early last week, a Canadian motorcyclist was killed when a car entered the lane that the motorcyclist was occupying. According to a local Florida news report, the Canadian resident was driving his motorcycle with a passenger east on SR 72 close to Proctor Road. A Mercedes was driving south on Proctor Road and failed to stop at the stop sign.

Evidently, the Mercedes driver pulled right in front of the motorcyclist’s path. Sadly, the motorcyclist was taken to a hospital but later died as a result of his injuries. The passenger on the motorcycle was severely injured and is currently being treated in nearby Bradenton for her injuries. The Florida State Police are still investigating the case, and charges are pending in the incident.

Large Settlement for Florida Trucker Involved in Crash

Published on: January 15, 2015 | Dean Law Firm, LLC

A large settlement has been reached for a trucker who was involved in an accident approximately three years ago. According to a local Florida newspaper article, the accident occurred in a parking lot of a well-known ice cream establishment in 2011. Apparently, a truck driver slammed into the back of another truck that was parked in the lot. The truck that was struck was holding the driver who was sleeping in the back of his truck. Unfortunately, the resting driver was thrown from his bunk and experienced severe injuries to his leg and back. These injuries resulted in the need for surgery.

The injured truck driver hired an attorney to sue the truck driver who hit him and the truck driver’s employer. The injured driver claimed that the driver and company did not follow appropriate safety standards when the trucker struck the resting truck. Instead of going to trial, the parties were able to reach a settlement of $750,000.

Reaching Settlements in Personal Injury Cases in Florida

After a serious vehicle accident, many people believe that the only way to recover anything for their injuries and other damages is through a lengthy trial. However, many cases do not ever reach that stage for multiple reasons. One reason is that there is not enough merit to the case, or the elements of negligence cannot be established. Another reason is because the parties are able to reach a settlement before heading to trial.

Young Floridian Killed in Elevator Looking For Pet

Published on: January 14, 2015 | Dean Law Firm, LLC

Early last week, a young boy was unfortunately killed in a tragic accident while he was looking for his pet hamster. A local Florida newspaper reported that the boy was 12 years old and lived in Bradenton, Florida. The young child’s pet hamster had become lost on the day of the incident. The boy proceeded to look for the hamster in an elevator at his home, an apartment complex. When the child was searching for the hamster, somehow the elevator malfunctioned. When he was in the elevator shaft, the elevator lowered on him.

The impact of the elevator crushed the young child. Emergency personnel arrived at around 11:30 a.m. The boy was declared dead shortly after that time at the scene of the accident. Apparently, the child’s father was home at the time of the accident. The news has not currently reported any more details regarding any fault in the accident.

Premises Liability in Florida

Although the above case is a particularly tragic one, it does not negate liability for the owner of the property or the operator of the elevator. Florida, like most of the country, has certain rules regulating how property owners must maintain their premises. When an individual is hurt on someone else’s property and wants to bring a negligence suit against the owner or operator of the property, he or she must determine what his or her status was at the time of the injury. There are three general types of statuses: trespassers, licensees, or invitees.