March 7, 2008

Alcohol Contributes to Deadly Orlando Car Accident

Another alcohol related death in Orlando emphasizes the need to drive defensively. According to Orlando police department officials, in the early morning hours this week, a BMW was racing another vehicle on I-4 when the BMW tried to avoid hitting a motorcyclist, lost control, and rolled over several times. The driver not only hit the motorcycle, but also caused 2 passengers to be ejected from the car-killing one of them.
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As Orlando car accident lawyers, we have written before, that these tragedies will continue as long as motorists continue to drink and drive. In addition, the reports of car accidents caused by racing and other reckless driving appear to be on the increase. This points out the need to expect reckless behavior on the part of other drivers and to protect yourself and your family. This is especially true, as in this car accident, when you are driving late at night or in the early morning hours.

Finally, this tragedy also involved the failure to wear seat belts. Had the passengers simply taken a moment to buckle up, they may not have been ejected. Sadly, once a driver or passenger is thrown from a vehicle the risks of serious or fatal injury increase. With all the new and improved safety features we see on vehicles, it is so sad to read another report of passengers failing to buckle up.

March 3, 2008

Wrongfully Accused in Orlando Car Accident Obtains Justice

As Orlando car accident lawyers, we continue to speak with people who tell us that they were injured in a car accident, but they were wrongfully given the ticket. They want to know if the fact that they were erroneously ticketed prevents them from trying to hold the other driver responsible for their injury. As we explain to these injury victims, in cases involving injury or death from a car accident Florida law does not permit evidence of the traffic ticket.
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Why is that? There a number of reasons. Injury victims may be taken from the scene for medical treatment and do not have an opportunity to speak with the officer to explain how the car accident actually happened. There are times when the police officer preparing the report or deciding whether to issue the ticket is not the officer with all of the facts and relevant information. While law enforcement officers do their best, they are human and they can make mistakes. For these and other reasons, who received the traffic ticket is never presented at the trial of a car accident lawsuit.

In a recent Orlando car accident case, we again investigated the facts in an accident report and determined that our client never should have been ticketed. We proved that our client did not violate the other driver’s right of way. From our pre-trial work it became apparent that the other driver was in a turn lane when he, without warning, decided to continue through the intersection. However, our client, who had been taken to the hospital for his serious injury, never had an opportunity to speak with the officer before he was sent the ticket in the mail. Fortunately, our client received the justice he deserved. Indeed, once we demonstrated the true facts, the insurance company changed their evaluation, accepted responsibility for the other driver and resolved the case months before the scheduled trial date.