Fighting for Florida Car Accident Victims Since 1977

Home Blog Drunk Driving Accident, Motorcycle Accident

December 28, 2012

Last month, we wrote about an Apopka man whose lawyer said he was not to blame for a fatal DUI motorcycle accident because the rider was popping a wheelie at the time and his lights were impossible for a driver to see. The man had already served three years of a 12-year sentence in connection with the accident. In September, an appeals court agreed with the man’s lawyer and threw out his DUI manslaughter conviction and the rest of the sentence, saying that the rider had been riding recklessly with his front wheel in the air and could not be seen.

The court ordered Orange-Osceola Circuit Judge Walter Komanski to issue a new sentence in the case. It chastised him for making a major error by allowing jurors to convict the driver of a crime that the state had failed to prove. Judge Komanski did indeed issue a new sentence in the case. He recently ordered the man to serve the remainder of his 12-year sentence in prison.

"It was the intent of the court that he serve a period of incarceration for 12 years," Komanski explained. "That remains the intent."

The accident occurred in Apopka on Jan. 14, 2007, around 2:30 a.m. when the defendant, who was legally drunk, pulled his SUV into the path of the motorcyclist. The collision killed the motorcyclist, who had just recently purchased the motorcycle and did not have a motorcycle license. The bike was badly mangled in the collision, but the headlamp, lights and front fork were in very good condition, causing the appeals court to determine that the rider had been riding on his rear wheel when the collision occurred. The court also ruled that Judge Komanski erred when he failed to issue a judgment of acquittal after the state finished presenting its case at the original trial. The man’s lawyer plans to appeal Judge Komanski’s most recent decision.

Driving while under the influence of alcohol, popping wheelies and other reckless, negligent behavior by drivers and riders are completely preventable, yet thousands of Floridians are injured and killed every year by drunk drivers and reckless riders. The victims are simply in the wrong place at the wrong time when a drunk driver pulls out in front of them or a rider doing something reckless collides with their vehicle. If a reckless driver or motorcyclist has injured you or a family member, you have a right to seek damages against the at-fault party and his or her insurer. To speak with an Orlando personal injury attorney to learn more about your rights and legal options, call Mr. Cunningham today at 800-425-2004.

James O. Cunningham

Since 1977, personal injury lawyer James Cunningham has provided effective legal advocacy to people who are injured through the negligent actions of another person or entity throughout the Central Florida area. He fights to obtain recoveries for his clients’ physical and emotional pain and suffering and pursues his clients’ personal injury cases with a commitment to excellence and impeccable preparation.

Connect with James O. Cunningham on Google+

Related Articles:

Free Consultation

If you or someone you love has been injured in a vehicle accident, call toll-free at 1-888-FLA-Auto (1-888-352-2886).

Verdicts & Settlements

  • Rear End Car Accident:
    $3.75 Million Recovery
  • Semi-Truck Accident:
    $1.5 Million Recovery
  • Van Rollover:
    $1.2 Million Wrongful Death Recovery
  • Rear End Bus Accident:
    $775,000.00 Recovery
  • Truck Collides with Cow:
    $500,000.00 Recovery

Our Florida Offices

We have 15 convenient office locations around Central Florida to better serve our auto accident clients.

15 Florida Locations

Orange County:
Orlando, FL

236 South Lucerne Circle East
Orlando, FL 32801
Phone: 407-425-2000

Seminole County:
Lake Mary, FL

300 International Parkway #100
Lake Mary, FL 32746
Phone: 407-487-4408

Osceola County:
Kissimmee, FL

17 S. Orlando Ave.
Kissimmee, FL 34741
Phone: 407-966-4408

Volusia County:
Daytona Beach, FL

1301 Beville Rd., Suite 8
Daytona Beach, FL 32119
Phone: 386-243-4994

Volusia County:
DeBary, FL

465 Summerhaven Drive, Suite C
DeBary, FL 32713
Phone: 386-320-3911

Volusia County:
Deland, FL

120 South Woodland Blvd.
Deland, FL 32720
Phone: 386-206-1264

Citrus County:
Inverness, FL

110 North Apopka Ave.
Inverness, FL 34453
Phone: 352-205-4341

Polk County:
Lakeland, FL

1102 S. Florida Ave., Suite 104
Lakeland, FL 33803
Phone: 863-968-7551

Polk County:
Winter Haven, FL

325 Avenue A, N.W.
Winter Haven, FL 33881
Phone: 863-968-7173

Hillsborough County:
Tampa, FL

100 S. Edison St. Suite D
Tampa, FL 33606
Phone: 813-355-9772

Marion-Sumter Counties:
The Villages, FL

3420 U.S. Hwy. 27/441
Fruitland Park, FL 34731
Phone: 352-419-0825

Lake County:
Mt. Dora, FL

602 East 5th Ave.
Mt. Dora, FL 32757
Phone: 352-436-4696

Lake County:
Clermont, FL

900 W. Highway 50
Clermont, FL 34711
Phone: 352-503-4674

Brevard County:
Titusville, FL

506 S. Palm Ave.
Titusville, FL 32780
Phone: 321-222-7300

Brevard County:
Cocoa, FL

96 Willard Street, Suite 206
Cocoa, FL 32922
Phone: 321-757-1373

Client Reviews

  • I was involved in a motor vehicle accident where the other driver ran a red light and my car was a total loss. I was referred to James Cunningham due to the fact that our attorney’s have been very impressed with James Cunningham’s work. This fact turned out to be very true… A Personal Injury Client
  • My car accident case was handled by Mr Cunningham and I was very pleased with how everything was done. He handles his own cases and his staff is top notch. He got me a very nice settlement without going to court. Derek
  • We contacted Jim Cunningham to help guide us through the "maize" of possible outcomes in settling with insurance companies, medical bills, and even police investigation with the accident. David
  • Cunningham worked hard was professional, supportive, diligent and always maintained contact. I am very satisfied with the service that him and his team provided. Mr Cunningham is a lawyer that will work for you. Dezhaun
  • I consulted with several attorneys, but as soon as I met James Cunningham, I knew he was the right attorney for me. He immediately expressed concern for my well-being, and his compassionate, professional manner put me at ease. Diane