Witnesses described the bus accident as “fiery” and “chaotic.”

None of the children were hurt. A heartbreaking scene unfolded a couple hours after the crash, with crews still on site, when the father of one decedent arrived on scene, begging for information on his son and his condition. More relatives continued to arrive shortly thereafter. Both men were fathers – one had a 6-year-old daughter and another a 21-year-old daughter.

The preliminary investigation by officials reveals at the time of the crash, the bus was making a left turn from northbound on 27th Avenue to go westbound on 11th Court. Meanwhile, the car was driving south on 27th Avenue. It’s not clear at this point which vehicle had the right-of-way. Moments after the collision, the vehicle burst into flames.

Witnesses began trying to help students out of the bus, as they weren’t sure whether the bus or the car was on fire and students were having trouble exiting through the door at the front. They were throwing their belongings out of the bus and then jumping out. All children got off the bus safely.

Even moments after the flames were first extinguished, they fired up a second time.

One of the witnesses ran to his home, grabbed a hammer and ran back to the car to bust out the glass of the car. They dragged the lifeless driver out of the car. Then they tried getting the passenger out, but his pants were caught on a wheel component, and witnesses feared the car would burst into flames again.

Authorities say the 41-year-old driver died on impact. His 37-year-old passenger was still alive when rescue crews arrived and was transported to Broward Health Medical Center, where he later died.

The bus was reportedly owned by a Miami-based company called Academy Bus, and the company declined comment on the bus accident when asked by a Sun Sentinel reporter.

It was the second time in as many days that there was a deadly bus accident in Broward. The earlier crash happened in Pembroke Pines. A man from Tamarac was killed and his passenger seriously injured when the motor vehicle they were in slammed into the back of a school bus belonging to the Broward county School District.

National statistics on bus accidents and bus safety vary because there are many different kinds of buses – from charter buses to motor coaches to school buses. In a study conducted in 2010 by the University of Michigan’s Transportation Research Institute, there are on average 63,000 buses of all kinds involved in traffic accidents each year. About 14,000 of those result in injury and roughly 325 result in death. About 50 of those deaths are bus passengers or drivers. The rest are those in other cars or bicyclists or pedestrians.

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

Additional Resources:

Driver, passenger killed after car, charter bus crash in Fort Lauderdale, May 27, 2016, By Tonya Alanez, Sun Sentinel

More Blog Entries:

Report: Florida Motorcycle Deaths Rose 23 Percent in 2015, June 2, 2016, Fort Lauderdale Car Accident Lawyer Blog

Authorities say 32-year-old Danielle Nichole Baldwin and her fiance, Sondroz Steven Olivert, 35, were killed when the drunk driver rear-ended Olivert’s vehicle. The impact by the drunk driver’s Kia caused Olivert’s Nissan to crash into a Chrysler. After that impact, the alleged drunk driver slammed into two other vehicles.

Olivert and Baldwin, who were on their way to celebrate their anniversary, were pronounced dead at the hospital. A relative of Baldwin told a reporter the two loved going to the beach and were planning to be married next year.

Meanwhile, investigators say the driver of that Kia fled the scene of the crash. He was, however, found a short time later and transported to a local hospital with non-life-threatening injuries. 

Without explaining how they reached this conclusion, investigators said they believe alcohol played a role in this series of crashes. However, no charges have been filed.

In a case like this, there may be a number of avenues for our wrongful death attorneys to pursue compensation for loved ones left behind.

First, of course, is the alleged drunk driver and his or her insurer. However in too many of these cases, drivers who flee the scene of a crash don’t have insurance to begin with.

There are a few options victims have at that point. First, it’s worthwhile to note that debt incurred in a DUI accident (i.e., by a DUI personal injury or wrongful death lawsuit) is not dischargable per 11 U.S.C. 523(a)(9).

Unfortunately in many cases, DUI defendants do not have any noteworthy assets or income from which to collect.

Victims could then look at who owned the vehicle. If it was someone other than the driver, there may be grounds for a vicarious liability action. Vicarious liability can be asserted even when the defendant was not directly negligent. Motor vehicles are considered a dangerous instrumentality in Florida, which means owners can be held responsible if the vehicle was entrusted to someone who drove it carelessly or recklessly.

DUI accident victims could also explore the possibility of a dram shop law action. This is when the bar that served the drunk driver before he or she got behind the wheel is held liable for the injuries that result when that patron drove drunk. In Florida, such liability can only be imposed when the accused driver was either:

• Under 21-years-old;
• Known to be habitually addicted to alcohol.

Finally, victims will want to look at the uninsured/ underinsured motorist (UM/ UIM) coverage that applied to those involved. These policies will step in to provide coverage for serious injuries and wrongful death when the at-fault driver either:

• Had no car insurance;
• Did not have enough car insurance to fully cover the damages inflicted by drunk driving.

Although the driver may face criminal charges, this is separate from any civil liability that may be imposed by the families of the victims.

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

Additional Resources:

Couple Killed in Crash in Fort Lauderdale, May 1, 2016, By Erika Pesantes, Sun Sentinel

More Blog Entries:

Car Accident Lawsuit Names Snapchat as Defendant, May 3, 2016, Fort Lauderdale DUI Accident Lawyer Blog

A former hospital nurse from Hialeah asked the court to declare Florida’s workers’ compensation law unconstitutional, asserting that the ongoing erosion of benefits year after year fails to pass constitutional muster.

The court heard oral arguments earlier this month in Stahl v. Hialeah Hospital et al., in which nurse Daniel Stahl laid forth the case that workers’ compensation in Florida – since its inception in 1935 – has been “picked away and picked away” by lawmakers seeking to appease corporate fundraisers and insurance lobbyists. It has resulted in a situation where, the plaintiff alleged, workers in Florida are not much better off those those toiling away in sweat factories. 

Specifically at issue in the Stahl case is that plaintiff would have been entitled to permanent partial disability benefits due to a work-related injury – but those benefits no longer exist in Florida due to legislative changes in recent years.

Here’s why this matters to all injured workers in the state: Workers’ compensation was created as a “grand bargain.” In exchange for fast, fault-free benefits for basic needs (i.e., medical expenses, lost wages, funeral expenses, survivor benefits, etc.), workers forfeit the right to sue their employers for negligence that results in a work-related injury. This is referred to as the “exclusive remedy.”

But back in 2003, state legislators scrapped benefits for permanent partial disability. So workers who have suffered some degree of permanent but not total disability can’t obtain long-term compensation anymore. That’s wrong, plaintiff argues.

The case is being closely watched, especially after justices decided not to weigh in on another workers’ comp challenge, Florida Workers’ Advocates v. State of Florida.

While one justice raised the issue that this plaintiff, who was injured back in 2003 – just after the new law was passed – while lifting a patient, effectively expanded his challenge to encompass the entire workers’ compensation system. Plaintiff’s attorney countered that while no worker would have every single section of the law apply to them, it was nonetheless appropriate to challenge the entire law. Defense attorneys posited that this idea of the “kitchen sink cumulative argument” is best left to the legislature, while the courts should only consider taking a position on the law where the case has ample relevant issues and evidence.

The hospital further argued that even if the court were to take on this issue, plaintiff wasn’t the best person for it because he never established he would have been entitled to permanent partial disability in the first place.

After plaintiff’s injury, he was no longer able to continue doing his job. He had no choice but to seek other employment, which in his case involved teaching at a nursing school. This meant accepting a pay cut. For this, he says, he absolutely could and probably would have been compensated with permanent partial disability.

Florida lawmakers have slashed workers’ rights repeatedly over the years with a myriad of measures, including:

• 1970 – repealing the right to opt-out of the system;
• 1993 – Reducing temporary disability benefits limit to 104 weeks;
• 2003 – removing benefits for partial disability

If you have been injured at work, call our offices today.

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

Additional Resources:

Workers’ comp fight could have high stakes, April 4, 2016, By Jim Saunders, Sun Sentinel

More Blog Entries:

Construction Accident Statistics Keep Workers on High Alert, Oct. 10, 2014, Miami Work Injury Lawyer Blog