The Florida Highway Patrol is reporting one person died in the truck accident, a 38-year-old visiting from Iowa. Two others suffered critical injuries and eight others suffered moderate to minor injuries. In addition, two firefighters who responded to the scene also required medical attention.

The decedent was riding in the rear seat of a Lincoln Town Car that was rear-ended by the semi truck. That Town Car is alleged to have burst into flames upon impact. Decedent was declared dead at the scene. 

Witnesses said an Iraq War veteran who was nearby sprung into action to pull several victims from the seven vehicles involved in the horrific crash. His actions may well have saved lives and lessened injuries.

Investigators have not yet filed charges in the case, though they have said that action is likely, based on what they know so far. A statement released by FHP indicated that an improper lane change may have played a central role in the crash, though it’s not clear which vehicle made that improper lane change.

Typically anytime there is a rear-end collision, there is a rebuttable presumption that the driver in the rear is at-fault. There is a general understanding that vehicles ahead may need to halt abruptly. That’s why motorists need to keep an assured clear distance.

However, there may be some instances in which the driver in the rear could be cleared of liability.

The 2007 decision by Florida’s 3rd District Court of Appeal in Department of Highway Safety & Motor Vehicles v. Saleme established that a rebuttable presumption can be refuted if:

• There was a mechanical failure involving the rear vehicle;
• There is evidence of a sudden and unexpected stop or lane change;
• There is evidence that the vehicle struck was illegally stopped on the road.

Courts have been particular about how they apply these exceptions. For example, it’s not enough to show that the driver in the lead slammed on his or her brakes. It has to be both sudden and unexpected. That usually means a scenario like a vehicle stopped arbitrarily in the middle of a highway. But if, for example, the car ahead stops suddenly at an intersection because another driver is running a red light, that is not considered an unexpected scenario.

If the other driver presents sufficient evidence of one of these exceptions, then the court may consider comparative fault by that lead driver (or others).

Truck accident lawsuits in Florida tend to be more complicated anyway, which underscores the need for an experienced lawyer. While in most car accident cases, one would simply sue the at-fault driver, a collision with a commercial truck usually involves naming numerous defendants – the driver, the carrier, the truck owner, the mechanic and more. In a situation like this where multiple vehicles were involved, there may also be a number of other at-fault too.

Injured persons will also want to keep in mind that most auto insurance policies have a per-accident damage cap. Because so many people were injured in this crash, there will likely be multiple people vying for a piece of that insurance money.

If you have been a victim of a traffic accident, call Chalik & Chalik at (954) 476-1000 or 1 (800) 873-9040.

Additional Resources:

Semi truck causes fiery 7-vehicle crash with fatality in Fort Myers, May 16, 2016, FOX 4

More Blog Entries:

Car Accident Lawsuit Names Snapchat as Defendant, May 3, 2016, Miami Car Accident Lawyer Blog

A good DUI lawyer will get copy of both the video and 911 call in order to defend a person accused of DUI when they are available.  There are certain legal requests that must be done in order to obtain copies of this evidence.  A copy of the video can be seen here:

http://tbo.com/news/crime/polk-man-driving-wrong-way-on-i-4-faces-dui-charge-20150817/?utm_content=bufferfe45e&utm_medium=Social&utm_source=Facebook&utm_campaign=buffer

In addition to the DUI charge, the driver was also arrested for Reckless Driving for allegedly endangering other vehicles on the road.  Both of these charges are misdemeanors.  The driver allegedly refused the breath test which is his right under the law, but will result in an administrative suspension of his license for one (1) year.  This suspension can be fought by filing a request for a Formal Review or the driver may be eligible for a hardship permit for the entire year of suspension depending on his previous driving history.

If you have been arrested for DUI, you need an experienced and aggressive DUI attorney that knows how to obtain the evidence against you and has the experience to defend you in court.

DON‘T HESITATE!!!   PROTECT YOUR RIGHTS!!! 

 CALL DUI ATTORNEY THOMAS GRAJEK NOW!!!

 863-838-5549 cell

 You only have 10 days to request a Formal Review!

NCDD

The crash involved a high-speed chase on the Courtney Campbell Causeway Bridge in the Tampa Bay area. Williamson was riding at the front of a group of motorcyclists, and police reports recorded that a Clearwater police officer clocked him at 120 miles per hour. The officer, Nick Giordano, reached a speed of 145 mph chasing Williamson. The family claims that Giordano’s pursuit was reckless.

Williamson’s motorcycle crashed into the back of a Florida Highway Patrol cruiser that was stationed at a construction zone. An FHP report found Williamson at fault for the accident. Williamson’s father believes that the FHP cruiser deliberately pulled in front of his son.

Both the Florida Highway Patrol and the Clearwater Police Department are named as defendants in the wrongful death lawsuit.

The Clearwater Police Department would not comment on the lawsuit, but records show that Giordano was disciplined after the crash for attempting to stop two different drivers when the speed of the motorcyclists indicated a “reckless disregard” for the safety of the public.

If you need to speak with a wrongful death attorney or lawyer, Call Joyce & Reyes at 1.888.771.1529 or visit more of http://www.joyceandreyespa.com/.

The Florida Highway Patrol (FHP) is investigating a fatal I-75 auto accident, which left one man seriously injured and a man and woman dead. According to FHP, a semi was in the northbound outside lane on I-75 when one of the front tires blew out. After the driver lost control, the semi crashed through a guardrail and the median before smashing head-on into a pick-up truck traveling southbound. Both the driver and the passenger in the pick-up died at the scene. Both were wearing seat belts. The semi driver, who was thrown from his vehicle, was taken to the hospital in serious but stable condition. It’s unknown if he was wearing a seat belt.

The families of the deceased will obviously be struggling emotionally during this time, but they should seek legal counsel to understand their rights. If a lawsuit is filed and taking longer to settle than finances will allow, the family may wish to seek litigation funding. Upon receipt of a funding application, Litigation Financial will count their attorney for case documentation. If out underwriters determine the case has merit, we are able to provide a non-recourse cash advance within 24 hours. There is no credit check or proof of income required when seeking litigation funding because we fund based solely on the merits of the case. Our clients are only required to repay the cash advance once the case settles. If the case is lost, the repayment is waived. Additionally, personal valuables and credit score remain intact; there is not risk to funded clients with a lawsuit cash advance from Litigation Funding Corp.

If you are in a pending personal injury or wrongful death lawsuit, you could qualify for a litigation funding. Simple complete our brief online application or call our office to see if you qualify.

INTERESTING THAT ALMOST EVERY TIME A POLICE OFFICER IS ARRESTED,

THE OFFICER REFUSES TO SUBMIT TO A BREATH TEST!!!

Why is that? Because the officer does not trust the machine? The officer does not want to give untrustworthy evidence to the police or prosecutor? Is it because the DUI penalties are increased if the driver blows over 0.15?  Because it could result in an interlock ignition device being placed on a vehicle if the blow is over 0.15?

In addition, under Florida DUI statute 316.193 (3), any person who causes property damage or personal injury to another while driving under the influence is guilty of a First Degree Misdemeanor which increases the penalty to a fine of not more than $1,000 and 1-year imprisonment.

If you have been arrested for DUI, hire an attorney that is a member of the National College for DUI Defense (NCDD) and knows how to defend a DUI case!

TIME MATTERS IN A DUI – DON‘T HESITATE!!!   

Because you only have 10 days to request a Formal Review or get a hardship license!

 CALL POLK COUNTY DUI ATTORNEY THOMAS C. GRAJEK NOW!!!

 863-838-5549 cell

NCDD