Motor Vehicle Accidents

Published on: September 20, 2012

Court Rules Delta Kappa Epsilon Fraternity Can Be Sued For Students’ Deaths

A lower court judge previously ruled that a fraternity could not be sued in connection with a deadly crash. However, the Connecticut Supreme Court reversed this ruling yesterday and is allowing the Delta Kappa Epsilon fraternity to be sued by the victims’ family members. In early 2003, a DKE pledge was driving four Yale students back from a DKE event in New York City. The pledge, exhausted from the recent hazing he’d endured during DKE’s “Hell Week,” slammed the SUV he was driving into a tractor-trailer that had crashed earlier and was sitting idle on Interstate 95. The crash killed four Yale University students, including two members of the school’s baseball team.

The crash killed the DKE pledge, Sean Fenton, 20, and three of the four backseat passengers – Andrew Dwyer, Nicolas Grass and Kyle Burnat, all 19. Five other students that were in the SUV were injured. In 2005, after the administrator of Grass’s estate filed a suit against the national office of DKE, the Yale chapter of DKE, the Massachusetts Department of Transportation and two construction companies who had done work on the highway, the lower court ruled that it could not sue the fraternity. The initial complaint alleged that the fraternity leaders failed to provide safe transportation home from the event and that they negligently chose Fenton as the driver after he had been up for 20 hours straight prior to the accident. The estate also alleged that the Massachusetts Department of Transportation and the construction companies were “liable for alleged safety hazards at the highway construction site where the tractor trailer crashed.”

Lawyers for DKE stated that the fraternity should not be held liable because the crash was unforeseeable. The lower court stated that the fraternity leaders did not owe the passengers a “duty of care” while driving them from New York City to New Haven. The Supreme Court disagreed and the duty did exist.

Court: Fraternity can be sued in fatal Yale crash, seeks $10M, www.miamiherald.com September 19, 2012.

Published on: September 12, 2012

5 Dead, 1 Injured As A Result Of Careless Driving

by Friedland | Carmona

A malfunctioning truck travelling through western Nebraska led to five deaths and one arrest last weekend. Mechanical problems sidelined a truck on Interstate 80 near the Wyoming border. As the truck was sitting idle, a tractor-trailer crashed into the truck and then, two miles down the road, a second semi-truck crashed into a Ford Mustang that had stopped because of the accident. The driver of the tractor-trailer that crashed into the idle truck died in the accident.

The driver of the second tractor-trailer that crashed into the stopped car faces four manslaughter charges. Due to the force of the initial impact, the Mustang was pushed forward into a Toyota Corolla, which was then forced under the back bumper of the semi-truck sitting in front of it. The driver of Mustang, the driver of the Corolla and two juvenile passengers riding the in Corolla perished in the accident. Witnesses on scene and an accident reconstructionist who surveyed the scene stated that the tractor-trailer driver did not slow down or exercise caution before his trailer crashed into the Mustang.

Interstate 80 remained closed for fourteen hours on Sunday while officers investigated the scene. The driver of the second-tractor trailer faces a number of charges, including four counts of manslaughter, which is a felony, and one count of careless driving, which is a misdemeanor. He is being held on a one million dollar bond. According to those on scene, the truck driver was “shivering and shaking, and appeared to be in shock after the accident.” It is not clear if the driver has legal representation.

5 killed, 1 arrested in I-80 crashes in Nebraska, www.miamiherald.com September 10, 2012.

Published on: September 7, 2012

4 Dead, 5 Injured In Fiery Crash

by Friedland | Carmona

Two adults and two students are dead after a fiery bus crash yesterday afternoon in rural southern Nebraska. A twenty-year-old driver of a tractor-trailer and a school bus driver carrying several students crashed into each other and ignited a fiery blaze that injured several other students. Both of the drivers perished, as did an eighteen-year-old boy and a ten-year-old girl. Authorities have not released any other details of the crash.

Five other students were taken to a local hospital. Two children, a ten-year-old boy and an eight-year-old girl were admitted to the hospital and remain in stable condition, while two others, a seven-year-old boy and a six-year-old girl were treated and released at a nearby hospital. A seven-year-old girl was flown to Children’s Hospital in Omaha, where she remains in critical conditions.

The tractor-trailer driver who perished was the star defensive end for the high school’s football team and was also engaged to be married. Via a statement made by State Patrol, the County Attorney asked for privacy as the county tries to help the families deal with the tragedy.

2 kids, 2 drivers die in Nebraska bus-truck crash, www.miamiherald.com September 06, 2012.

Published on: September 3, 2012

Jury Awards $2.5 Million To Victim Struck By Runaway SUV

by Friedland | Carmona

A Chicago jury recently awarded $2.5 million to a car salesman who was severely injured at an auto auction. The victim was attending the auction when a runaway sports utility vehicle struck him, causing severe injuries to his back and legs. The victim’s attorneys argued that the SUV driver failed to “take reasonable actions to bring the vehicle safely to a stop and avoid striking” the victim. Due to his extensive injuries, the victim has been unable to return to work and is supervised by a team of medical experts to manage his injuries.

The SUV driver injured fourteen others at the auction and the jury found the driver to be grossly negligent. As part of their case, the victim’s attorneys purchased the same SUV and reconstructed the accident from “every conceivable angle” for the jury in order to prove that the SUV driver’s negligent actions injured their client. The night before the commencement of trial, the SUV driver’s attorneys proffered a settlement offer and admitted liability for the accident because the victim’s attorneys were able to prove that it was driver error and not mechanical error that caused the accident.

Chicago Personal Injury Firm Secures $2.5 Million Verdict for Runaway Car at Auto Auction, www.yahoonews.com August 16, 2012.

Published on: August 27, 2012

Injured Couple Attempts To Hold Teen Liable For Sending Message To Driver

by Friedland | Carmona

texting-while-driving-how-dangerous-is-it-photo-283840-s-429x262.jpg In September 2009, David and Linda Kubert were riding their motorcycle when a teenager, Kyle Best, who was texting while driving, crashed into them. Both David and Linda lost a leg in the accident–David’s leg was torn off above the knee during the crash and Linda eventually had to have her leg amputated. Following the accident, the couple moved from Dover to Florida, where they continue to struggle financially because neither has returned to work. The couple subsequently filed a lawsuit against Best.

The Kuberts recently settled with Best for $500,000, which is the maximum payment that Best’s insurance carrier would cover. While the parties have settled, the Kuberts are still planning to appeal the judge’s ruling that Best’s girlfriend, Shannon Colonna was not liable in the accident. The Kuberts believe she is liable because she sent Best a text message prior to the crash and he was responding to her message when he injured the Kuberts. The Kuberts believe that her text messages play a role in the accident because she “should have known Best was driving and texting her at the same time.” The Kuberts attorney argued that Colonna was “electronically present,” while Colonna’s attorney argued that Colonna had no control of when Best would read and return her message and that she was unaware that Best was driving when she sent the message. This is believed to be the first case of its kind in the United States.

Best has pleaded guilty to numerous charges, including distracted driving, use of a cell phone while driving and “acknowledging a series of text messages he exchanged with Colonna around the time of the accident.” According to phone records, Best responded to a text from Colonna before dialing 911. The court ordered Best to speak to 14 high schools about texting while driving and to pay $775 in fines. Best did not lose his license.

2 hurt by NJ text-messaging driver settle lawsuit, www.miamiherald.com August 21, 2012.

Published on: August 22, 2012

Does Progressive Pay?

by Friedland | Carmona

Last week, Matt Fisher wrote a blog post on his personal blog entitled, “My Sister Paid Progressive Insurance to Defend Her Killer in Court,” detailing his family’s experiences with Progressive Insurance after his sister’s death. In the post, he detailed how his sister Katie was killed when another driver ran a red light and crashed into her vehicle in June 2010. The other driver’s insurance company settled with the Fisher family almost immediately, but Katie’s insurer, Progressive, refused to pay. Katie had carried a policy that required Progressive to pay the difference between an underinsured driver’s policy and her policy limit. Instead of paying, Progressive required the Fisher family to sue the driver who hit Katie, establish his negligence in court and then use the verdict as leverage to try to force Progressive Insurance to pay the remainder of the policy. The family filed a wrongful death suit in the hopes that Progressive would settle, but Progressive never offered more than one-third of the policy limit. At trial, Progressive Insurance represented the man who killed Katie Fisher.

Matt Fisher’s blog went viral and became a public relations nightmare for Progressive Insurance. According to the Wall Street Journal, “more than 1,000 people on Twitter claimed to have dropped Progressive as their insurer in a four-day span last week.” Another 1,600 Twitter users stated that they would not do business with the company in the future. After the media firestorm, Progressive Insurance released a statement revealing that it had reached a settlement with the Fisher family.

Sadly, the Fisher family is likely not the only family that has had to deal with the run-around from Progressive Insurance. The Friedland | Carmona has represented dozens of clients insured by Progressive and dozens of clients that have been injured by other drivers who were insured by Progressive in their Personal Injury Protection (PIP) claims against the insurance company. The attorneys at the Friedland | Carmona have litigated a number of medical bill claims that Progressive Insurance refuses to pay. Often, Progressive Insurance will delay paying medical bills, forcing attorneys to file a lawsuit in order to have the bills paid. Even then, Progressive will delay paying the bills until their doctors review the claims or until a judgment is rendered, regardless of the injured party’s condition.

Published on: August 17, 2012

Motorcycle Collides With Truck In Port St. Lucie, 1 Dead

by Friedland | Carmona

Guido Biallo was driving down Southwest Rosser Boulevard near Southwest Meridian Avenue in Port St. Lucie last week when he motorcycle collided with a truck. The accident, which occurred on Southwest Rosser Boulevard in western Port St. Lucie around 8:00 p.m., left Biallo, 52, dead.

Police have begun a preliminary investigation into the matter and believe that Biallo turned north onto Southwest Rosser Boulevard from Southwest Meridian Avenue. He then crossed over a double yellow line and collided with a Ford truck that was being driven by Matthew J. Gallagher. Police declared Biallo dead at the scene. Gallagher was not injured in the collision.

Motorcyclist dies in traffic accident in Port St. Lucie , www.tcpalm.com August 10, 2012.

Published on: August 13, 2012

Large Boat Slices Through Smaller Vessel Near Coconut Grove Coastline, 2 Injured

by Friedland | Carmona

A couple was spending a late night on their boat, enjoying the views of the shore, when they were run over by a speeding boat. The couple, riding in a 13-foot Boston Whaler, was floating about a mile and a half from the Coconut Grove coastline when a speeding boat ripped through theirs. The larger vessel that crashed into the couple’s boat sped away after the incident, which occurred around 11:00 p.m.

The man, an experienced boated, was seriously injured by the collision. The driver’s girlfriend used her cell phone to call for help; yet, unsure of their location, it took rescuers over an hour to locate the couple in the darkness. The Florida Fish and Wildlife Conservation Commission reported than a Good Samaritan sailing on a boat nearby was able to help locate the injured couple.

When discovered by authorities, the driver was unconscious and was taken to the hospital in serious condition. His girlfriend had sustained head injured as a result of the collision. The victims are recovering from their injuries at Jackson Memorial Hospital, while authorities are looking for the vessel that ran over the couple.

Two injured as boaters collide in waters off Coconut Grove, www.miamiherald.com July 29, 2012.

Published on: August 9, 2012

Thirteen Lawsuits Filed In Response To January I-75 Crashes

by Friedland | Carmona

Interstate 75 has earned a reputation as one of the most dangerous highways in the State of Florida. This week, the Department of Highway Safety and Motor Vehicles acknowledged that it has more than 13 lawsuits outstanding. Most of the lawsuits stem from a series of deadly crashes that occurred in January, which killed 11 people and sent 18 more to the hospital. At the time of the accidents, I-75 had just been reopened to traffic and was covered with smoke and fog after a wildfire has spread through the area.

The Department of Highway Safety has admitted that they expect to see at least a dozen more lawsuits after a Florida Department of Law Enforcement report determined that the Florida Highway Patrol “made mistakes in reopening the highway about 30 minutes before the crashes began.” While the report found that no one acted criminally, the report did conclude that the lieutenant who ordered the highway to be reopened had no formal training for the task. However, the lieutenant’s decision was supported by other government agencies, including the Department of Transportation and the Florida Forest Service. The Department of Highway Safety, which oversees highway patrol, will respond to the report and conduct its own investigation into the crash.

Numerous families have filed lawsuits on behalf of their deceased loved ones, including four families from Kennesaw, Georgia, whose loved ones were travelling with their church, and the estate of Vontavia Robinson of Williston, Florida. Additionally, a lawsuit filed on behalf of Bernard and Margie Dewitt claims that the accident caused Margie to suffer a brain injury and she has been comatose since January.

Fla. facing impending lawsuits over I-75 crashes, www.miamiherald.com August 07, 2012.

Published on: August 8, 2012

Man Crashes Car Into Nursing Home, 1 Dead, 4 Injured

by Friedland | Carmona

Enrique Linares, having recently filed for divorce, spent a night out on the town. On his way to visit a friend in the wee hours of the morning, he took a curve on West Dixie Highway at 85 miles per hour. The posted speed limit is 35 miles per hour. His red Hondo crashed into a fence, over a curb and crashed into the first and second floors of a North Miami Beach nursing home.

Twenty-eight year old Linares died on impact. Linares’s car crashed into a small bathroom between two rooms in the nursing home. Four residents were injured by the flying debris and taken to Aventura Hospital to treat their injuries.

While no drugs or alcohol were found in the car, Linares did have a long history of speeding violations and other traffic tickets in Florida. Officers are waiting for an autopsy to determine if drugs or alcohol was involved in the crash.

A tragic end: Driver’s car sails into nursing home, www.miamiherald.com August 08, 2012.