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

We often report on the issues and hardships facing our nation’s veterans. But what many don’t realize is the impact these returning veterans have on families and their children. Life goes on after and life beyond the touching homecoming video clip or news report and it is not always a “happily-ever-after” scenario.

It’s estimated that as many as 5 million kids have had a parent or sibling serve inIraqorAfghanistansince 9/11. Approximately 30%, or 1.5 million, of those kids are significantly more likely to consider suicide and have mental health problems compared to non-military kids.

A recent 60 Minutes report told the story of 15 year old Abigail Barton, who expected her father, an Iraq War veteran, to return home and still be the “fun parent” that he was before he left. That was not the case.

Abigail’s older brother, Alex, attempted to commit after his dad returned home. Their mother said it has been “devastating” for her kids to see the changes in their father as he deals with the post-traumatic stress ofIraq. It is as if they, too, are dealing with PTSD.

And sadly, the Barton kids receive no help from their school or the VA.

The VA spent almost $500 million last year for PTSD treatments for veterans of Iraqand Afghanistan. But their family members may receive counseling “if determined to be essential to the effective treatment and readjustment of the veteran.”

Simply put, veterans’ kids who have mental health issues are largely on their own, if they get help at all. Compounding the problem is a lack of awareness on this issue.

Christal Presley, who has started a group called United Children of Veterans, had a similar experience with her father, Delmer Presley, a Vietnam veteran. “While my dad was hiding away in his room, I would lock myself away in my room,” Christal said in the 60 Minutes report. “I would vacillate between depression and rage just like my father.”

Then, at the age of 30, Christal began picking up the phone to get her father to talk about the war. After dozens of phone calls, slowly, her father began opening up. And talking helped both Christal and her father.

After a lifetime of silence, Christal dared to go public and shared her story in a blog that went viral and eventually became a book. She’s received emails from thousands of veterans and the children of veterans as far back as WW II. “I think part of me still feels the relief of, ‘Christal, you’re not alone,’” she told 60 Minutes. “And the other part of me feels so sad, because I wasn’t alone.”

Christal says that now she understands that talking and sharing your story can be a matter of life and death.

The stories of veterans’ lives upended by PTSD are all too familiar, however, we should not forget about their children whose stories are unknown – and children who are on their own in dealing with their mental health issues.

You can learn more about Christal Presley’s United Children of Veterans at her website, http://unitedchildrenofveterans.com/.

Watch the 60 Minutes report here: http://www.cbsnews.com/news/collateral-damage-the-mental-health-issues-facing-children-of-veterans/

Jim Fausone, Esq

Veteran Disability Lawyer

Many veterans experience respiratory problems after returning from active duty, and this has been even more common for those who have served in the Persian Gulf region. Iraq War veterans often think their respiratory problems stem from smoke from a burn pit – however, this assumption may be mistaken.

A growing body of research now shows that microscopic dust particles containing heavy metals and other toxins may indeed be a significant contributor to long-term respiratory diseases of Iraq War veterans. Navy Captain Mark Lyles, a professor of health and security studies at the Naval War College inNewport,RI, began warning of potential health hazards from fine dust particles back in 2003.

Captain Lyles’s team’s analysis found that soil and dust samples from the Persian Gulf region contained microscopic particles carrying microbes and 37 elements and metals, some of which have been linked to respiratory problems and neurological conditions such as multiple sclerosis.

Lyles, in a recent Navy Times report, speaking as a researcher rather than in an official Navy capacity said: “I believe only 3 to 5 percent of service members were exposed to a burn pit. But 100 percent of people who served were exposed to mineralized dust.”

A 2011 study from the Institute of Medicine confirmed that the biggest pollution concern at one of the most controversial sites, Joint Base Balad, Iraq, is likely particulate dust matter, and whether burn pits cause long-term health effects cannot yet be determined.  The DoD is working to develop screening tools for troops and veterans with symptoms, as well as diagnostic tools to identify disease.

However, according to Captain Lyles, the government is falling short in their efforts to address the threat of soil dust. Defense and Veterans Affairs Department health officials have held two annual Airborne Hazards Symposia — both closed to the public — and have not invited him to speak or present his team’s data.

In 2004, the Navy never acted on his recommendations that ground-based troops be supplied with masks to limit exposure.

“No one wants me to sit down and show them the scientific facts and data that we gathered,” Lyles said. “[The Department of Defense] has known about our data for 10 years. They don’t want to think about it, and they certainly don’t seem to want to know about it.”

Read more on this issue in the Navy Times: http://www.navytimes.com/article/20140220/NEWS/302200031

Legal Help for Veterans, PLLC fights for veterans rights. We fight to make sure you get the benefits you deserve from the Department of Veterans Affairs. To learn more or contact an attorney about your Post Traumatic Stress, Traumatic Brain Injury, Mental Health, Sexual Assault, Hearing Loss and Tinnitus, Total Disability Based on Individual Unemployability, Medical Malpractice, or Aid and Attendance claim, visit http://www.legalhelpforveterans.com/ or call 800.693.4800