2012 February Archive

A four-car auto accident on December 22 sent three Orlando residents to area hospitals for treatment for undisclosed injuries. Orlando Police investigators say that two men who were fleeing from a reported home invasion caused the accident on Colonial Drive and Orange Avenue near the I-4 interchange. Police say the armed robbery suspects were weaving through traffic at speeds up to 70 mph when they caused the accident.

"They fled of their own volition, at high rates of speed," said Orange County Officer Jeff Williamson. "Our feeling is that what they were fleeing from what they thought was a law enforcement aircraft [they believed was following them]."

Thankfully, the accidents victims were not seriously injured in this multi-car accident, but lots of Orlando-area residents involved in auto accidents are not so lucky. They often suffer serious, life-changing injuries such as these:

• Paralysis
• Traumatic brain injuries
• Ruptured internal organs
• Crushed limbs
• Blindness
• Crushed vertebrae
• Severed limbs
• Other serious injuries that change the course of their lives forever

When someone is injured by a negligent driver, the victim has a right to seek damages against the at-fault party and his or her insurance company for compensation for the following:

• Pain and suffering
• Hospital bills that can quickly climb into the hundreds of thousands of dollars
• Lost time at work
• The inability to enjoy favorite activities
• Necessary modifications to the home
• The costs of home health care or an assisted living facility
• The inability to work and provide for his or her family
• Diminished quality of life
• Other hardships caused by the at-fault party’s negligence

If you or someone you love is injured by a negligent driver or is injured in another kind of accident due to negligence, you have a right to seek damages. Sadly, many accident victims are approached by the negligent party or their insurer shortly after the accident and offered a modest check in exchange for signatures on some documents. In most cases, signing these documents results in the injured person waiving the right to seek damages, potentially leaving him or her in a very difficult position to pay hospital bills and other expenses. If you have been injured in an accident, contact an experienced Florida auto accident attorney such as James O. Cunningham before you sign any documents. Schedule a consultation with Mr. Cunningham by calling 888-425-2004 or 407-425-2000, and have him review any documents and advise you of your rights. Call today to be represented by an Orlando personal injury lawyer with more than 35 years of experience helping injured people.

Data released by the Florida Department of Highway Safety and Motor Vehicles indicates that 2011 was an especially deadly year for motorists and pedestrians in Flagler County, with at least 24 people losing their lives in accidents on county roadways. The grim number was up slightly from the 23 people killed in 2010 and up sharply from the 16 people killed in accidents in 2009. At least four of those killed in Flagler County accidents were pedestrians, a bleak reminder of Florida’s unenviable reputation as the most dangerous state in the country for pedestrian accidents. Orlando personal injury lawyer James O. Cunningham is concerned about the recent rise in fatal accidents in the area and is particularly concerned that area drivers are not exercising enough care to avoid pedestrian accidents.

While the number pales next to the Orlando-Kissimmee area’s reputation as the most dangerous metropolitan area in the country for pedestrians, the four fatal pedestrian accidents in Flagler County occurred in spite of recent measures taken by area residents to increase awareness about pedestrian safety. The four fatal pedestrian accidents claimed the lives of the following people:

• A 45-year-old man who had walked nearly 8,000 miles across the world raising awareness about Tibet was struck and killed on February 14 on State Road A1A in the Hammock. The man was struck while walking along the road early that evening on the first day of his Florida Walk for Peace campaign.
• A 54-year-old man was struck and killed while walking his bicycle in the bike lane in Bunnell. Police say the hit-and-run accident victim may have been struck and killed by something protruding from a passing truck.
• A 76-year-old woman was struck and killed in a hit-and-run pedestrian accident while walking her dog along Columbia Lane in Palm Coast. The woman who fled the scene contacted police 12 hours after the accident and claimed responsibility. The case is still under investigation.
• A 54-year-old Palm Coast woman was struck and killed while jogging on Sesame Boulevard. The man who struck her had been distracted by children in the back seat of his car.

James O. Cunningham has successfully represented countless people struck and injured in pedestrian accidents since he began practicing law in 1977, and he helps the families of those fatally injured in Florida auto accidents. If a negligent driver has injured you or a close family member and you would like to speak with an aggressive Florida auto accident attorney with a reputation for getting results for his clients, call Mr. Cunningham today at 888-425-2004 to schedule a consultation.

Florida legislators are scheduled to review at least six bills in the coming year that target distracted driving in general and texting while driving in particular. James O. Cunningham and other Orlando personal injury lawyers are hopeful that Florida will finally pass substantive distracted driving laws, but their optimism is tempered by lawmakers’ repeated failures in recent years to adopt such laws protecting Floridians. Currently, Florida is one of only 15 states that do not have laws that ban drivers from using their cell phones to talk, text and send and receive messages while driving, despite irrefutable evidence that using these devices sharply increases the likelihood of accidents.

Regular readers of this blog know that the National Transportation Safety Board recently requested that all states pass laws banning the use of cell phones while driving. Numerous Florida lawmakers have sponsored bills in recent years to do just that, but these bills have died in committee again and again. Two Florida legislators, Rep. Ray Pilon, R-Sarasota, and Sen. Nancy Detert, R-Venice, have recently sponsored bills banning texting while driving. Detert’s Senate Bill 416 is scheduled for review by the Senate Transportation Committee sometime this month.

Other legislators have filed for at least six distracted driving bills for the 2012 legislative session, and Mr. Cunningham and other personal injury attorneys throughout the state would like to see at least one of these bills signed into law in the coming year. He, along with public safety officials, distracted driving victims and their families and others are strongly encouraging lawmakers to take steps to make Florida roadways safer for everyone. Our state ranks in the top three in the country for numbers of auto accidents and people injured and killed in these accidents, and any legislation that reduces these grisly statistics would be welcome.

Even though our state has not yet passed distracted driver legislation, people injured in accidents caused by distracted drivers still have options to seek damages against at-fault drivers. Every year, countless Central Florida pedestrians, bicyclists, drivers and passengers are injured by distracted drivers, and many seek the counsel of experienced Florida auto accident attorneys such as Mr. Cunningham. He has been helping injured people since 1977 and has the experience, skills and resources to help victims receive the fair and just compensation they deserve. To schedule a free consultation with Mr. Cunningham, call his law offices today at 888-425-2004 or 407-425-2000.

General Motors recently announced that they plan to upgrade the steel structure and liquid cooling system in Chevrolet Volt models to alleviate growing concerns about the Volt being prone to catching fire after severe accidents. Each Volt features a 400-pound lithium-ion battery. In some accidents, the impact has caused the coolant system for the battery to rupture, resulting in the battery becoming overheated and catching fire. After receiving complaints about the fires, the federal government performed some safety tests on the Volt. During testing in June 2011, a Volt caught fire after a crash that targeted the battery and cooling system. Another Volt caught fire in November 2011 after a government crash test, which prompted the investigation into the safety of Volt models.

Responding swiftly to government and Volt owners’ concerns, GM officials cooperated with federal safety regulators and were reportedly working hard on a solution to the problems. The National Highway Traffic Safety Administration (NHTSA), the federal agency that is investigating the fire problems, reported that GM’s fix "should address the issue." However, they reported that they are keeping their investigation open until further testing reveals that the problem has been fixed. GM is calling the fix a "voluntary enhancement," and reiterated that neither the Volt nor its battery or cooling system was being recalled. GM has reportedly contacted Volt owners and invited them to bring their cars to their dealer to have the enhancements installed at no cost to them.

Mary Barra, G.M.’s Senior Vice President for Global Product Development, recently issued a statement about the upgrades. She said, "We are choosing to go the extra mile to ensure our customers’ peace of mind." She added that the changes would make the car "even safer, because the Volt is safe."

On December 22, 2011, the NHTSA conducted crash tests on an upgraded Volt, which resulted in no coolant leakage and no damage to the battery.

Florida auto accident attorney James O. Cunningham has seen many different automobiles recalled for serious safety problems over the last 35 years and has assisted numerous clients injured by defective cars, trucks and other vehicles. While the Chevrolet Volt was not the subject of a recall and it appears that GM moved swiftly and responsibly to correct a potentially serious problem with this model, many automakers have tried to avoid taking responsibility and placed the safety of their customers at risk. If you or a loved one has been injured in an accident caused by a defective product and you have questions about your legal options, call James O. Cunningham at 888-425-2004 or 407-425-2000 to schedule a consultation. Call today to get the counsel and legal representation you deserve from an Orlando personal injury lawyer with decades of experience.