Motor Vehicle Accidents

Published on: June 11, 2012

Family of Six Dies In Lake Worth Plane Crash

A Kansas family of six died last week when their plane crashed in a remote area of Lake Wales, Florida. According to authorities, the single-turboprop, fixed wing plane “began to break apart and crashed into a remote, palmetto-covered stretch” of land. Rescuers found parts of the malfunctioning plane as far as four miles from the crash site. Investigators have not yet determined the cause of the crash and it remains under investigation, but an investigator for the National Transportation Safety Board stated that certain parts were found “structurally separated.”

The land is not easily accessible, requiring the use of all terrain vehicles and helicopters to locate the bodies. The bodies of Ronald Bramlage, 45; his wife, Rebecca Bramlage, 43; and their children, Brandon, 15; Boston, 13; Beau, 11; and Roxanne, 8 were all recovered by rescuers on Friday afternoon. “‘We can tell you that none are now unaccounted for,’ Polk County Sheriff Grady Judd said. ‘It’s just a tragic event of monumental proportion, but we’re pleased that we’re at least reuniting the entire family.'”

The family was retuning from a trip to the Bahamas and landed in the St. Lucie County Airport to clear customs. Ronald was piloting the 2006 Pilatus Pc-12/47 plane. Thirty-six minutes after departing the St. Lucie County Airport for their final destination of Junction City, Kansas, the first 911 call in from the aircraft. Shortly after, the plane crashed, killing all of its passengers. The prominent Kansas family was well known for their charitable endeavors as well as “always having a house full of neighborhood kids.

Kansas family dies in Florida plane crash, www.CNN.com June 09, 2012.

Published on: May 21, 2012

Families of Boating Accident Victims Settle Wrongful Death Suit $17 Million

by Friedland | Carmona

While visiting Philadelphia with their church group two years ago, two Hungarian students decided to take a sightseeing tour of the city down the Delaware River and boarded the Ride the Ducks duck boat. As the 33-foot-long boat made its way down the river, it eventually anchored itself in an active shipping lane along its route and sat idle. As the boat sat idle 150 yards from shore, a tugboat pushed a 250-foot-long barge into and over the boat, sending almost forty people into the water. The two Hungarians lost their lives trying to help the others.

Following their children’s deaths, the parents of the Hungarian students filed a wrongful death lawsuit against K-Sea Transportation, the operator of the tugboat that was guiding the barge, and against Ride the Ducks, the tour company. The families argued that both companies had unclear safety procedures and poor training and procedures that led to the crash. Both parties blamed each other for the crash. When the crash occurred, the driver of the tugboat was on his cell phone and in a part of the boat where he was unable to see the river. Because he was on his cell phone, the tugboat driver had turned down the marine radio, leaving him unable to hear the mayday calls before the barge crashed into the boat.

After the families filed suit, both K Sea and Ride the Ducks attempted to limit their liability to the value of the vessels involved in the crash: $150,000 for the duck boat and $1.65 million for the tugboat. However, after just two days of trial testimony, the families reached a settlement with the companies for $17 million. The families of the two students who died in the crash will split $15 million and the remaining $2 million will be split among the eighteen remaining survivors of the crash.

$17M settlement in deadly Philly duck boat crash, www.miamiherald.com May 9, 2012.

Published on: April 30, 2012

Miami-Dade School Bus Crashes Into Home, Man Arrested

by Friedland | Carmona

Wednesday afternoon, a school bus carrying Edison park Elementary School students crashed into a home and no one knew why. On April 12, Miami-Dade police arrested a man they believed was the cause of the crash. Elijah Smith was arrested and charged with leaving the scene of crash that involved an injury, habitually driving with a suspended license, leaving the scene of an accident that resulted in property damage and for having an expired driver’s license.

Police believe that Smith ran a stop sign and caused the school bus driver to lose control of the vehicle. The bus crashed through a fenced before slamming into the front of a home. Only two adults and two children were aboard the bus when the accident occurred. The residents of the home were shocked by the sudden intrusion. Collis McDuffie, who as lived in the home for fifty years, stated that he initially thought there was an explosion outside his home. Fortunately, McDuffie’s granddaughter had left the house moments before the bus plowed into the home.

SUV Driver In School Bus Accident Arrested, www.cbsmiami.com April 12, 2012.

Published on: April 23, 2012

Palm Beach Polo Mogul Settles Wrongful Death Suit With Victim’s Parents

by Friedland | Carmona

Earlier this year a Palm Beach jury found Wellington polo mogul John Goodman guilty of DUI manslaughter and vehicular homicide for the drowning death of Scott Wilson. Earlier this week Goodman’s attorneys revealed that Goodman had settled the pending wrongful death lawsuit with Wilson’s parents, Lili and William, for $46 million dollars. Lili and William Wilson will each receive $23 million. Goodman’s attorneys revealed the amount of the settlement in an attempt to get Goodman released from jail while he appeals his convictions. Following the settlement, the Wilsons dropped the wrongful death lawsuit before the criminal trial began.

Twenty-three year old Scott Wilson, a UCF engineering graduate, was driving his Hyundai home from his sister’s birthday party in Orlando, when a drunken Goodman crashed his Bentley into Wilson. Wilson’s car was shoved into a canal and he later drowned. Goodman drove away from the scene without checking on Wilson. Three hours after the crash, Goodman’s blood alcohol level remained twice the legal limit.

The amount of the settlement was speculated for weeks as Goodman created headlines with his attempts to hide his assets from the Wilsons. While the Wilsons settled with Goodman for $46 million, Goodman’s insurer will not pay out the entire claim. The Player’s Club, the equestrian “hangout” where Goodman drank vodka cocktails and tequila shots before the crash, will pay the Wilsons $6 million to settle its claims with the Wilsons. Lili Wilson’s attorney stated that she might use the settlement money to create a tribute to her son.

JAmount of Goodman settlement revealed: $46 million, www.palmbeachpost.com April 19, 2012.

Published on: April 2, 2012

One Child Dead, Several Critical After St. Lucie School Bus Crashes Into Semitrailer

by Friedland | Carmona

Filled with students after a long school day at Frances J, Sweet Elementary School, bus driver Albert Hazen was driving thirty students down Okeechobee Road when he attempted to take a left. The school bus turned in front of a Peterbilt semitrailer carrying sod that was heading the opposite direction and the truck crashed into the side of the school bus. The accident left nine-year old Aaron Beauchamp dead and sent eleven children to the hospital, five of which were placed in critical condition. Florida Highway Patrol Lieutenant Jeff Johnson said, “In this situation, with that large of a vehicle striking the bus from the side, the bus held up pretty good, but unfortunately, the human body is not made to take that kind of a hit.” While the school bus was equipped with seatbelts, the students are not required to wear them, and the school bus operator is not liable if children refuse to wear them.

The investigation of the crash is ongoing and the police have yet to determine the fault of the crash. The police are looking into whether the semitrailer was functioning properly and whether it was overloaded. Because the bus was only half-full, the police have already concluded that it was not overloaded. The police have ruled out weather as a factor in the crash and are looking “at mechanics or the human aspect of it” in an attempt to determine liability for the crash. The police stated that most bus accidents are the result of a rear end collision and children only typically suffer minor injuries.

The school district is also investigating the incident. In the meantime, the school is providing grief counseling to students affected by the crash. Social workers and psychologists are working together to determine the best way to help the young children.

5 kids in St. Lucie school bus crash ‘critical’ in hospital; some released, www.tcpalm.com March 27, 2012.

Published on: March 26, 2012

Ten Dead in Twenty Four Hours in Miami-Dade County

by Friedland | Carmona

In one of the deadliest nights in South Florida history, ten people and an unborn child were killed in motor vehicle accidents within a 24-hour span of time. The most horrific of the deadly crashes involved a head-on collision on the Gratigny Expressway, which left four people dead after the car erupted into flames early Sunday morning. A car and an SUV crashed head on, as the police believe that one of the drivers may have entered the expressway heading in the wrong direction. The fires in the vehicles left three passengers trapped in one car and the driver of another vehicle trapped in his. The victims’ bodies were unrecognizable and have not yet been identified.

A pregnant woman was using the restroom at a Fort Lauderdale hotel cabana when a car veered off the road and into the cabana, killing the woman and her unborn baby. A churchgoer was also killed slightly before 10 a.m. services when another churchgoer lost control of her vehicle and smashed into her. Eighty-eight year old Mary Sczepanski put her car in reverse and accelerated, going over the curve and running over 66 year old Luciana Porto. Porto was also dragged under the vehicle. She was pronounced dead at the hospital.

A 5-year-old girl was riding her Big Wheel in front of her home when a GMC van struck her. The driver fled the scene, but 19-year-old Erik Garcia was arrested shortly thereafter. Garcia was charged with leaving the scene of a crash involving death, not having a valid driver’s license and failure to use due care. A passenger in the car, Mario Argumedo, who also owned the van, picked the girl up after the crash and ran her over to her mother before jumping back in the car and leaving the scene with Garcia. He was charged with leaving the scene of a crash involving death, tampering with evidence and allowing an unlicensed driver operate a vehicle in his possession. The girl was pronounced dead at Broward General Medical Center. Another child was struck on Saturday–fourteen-year-old Brandon Campbell was riding his skateboard hen he was struck near a crosswalk by a Honda Accord. The driver stated he did not see the teen, but turned around and returned to scene when he realized he had hit something. Campbell was pronounced dead at North Broward Medical Center.

10 people killed in 24 hours in South Florida car accidents, www.miamiherald.com March 19, 2012.

Published on: March 12, 2012

Gov. Scott’s Personal Injury Protection Reform Passes

by Friedland | Carmona

The Florida Legislature has finally reached a deal regarding Governor Rick Scott’s proposed Personal Injury Protection (PIP) reform. “This is a triumphant moment for the residents of Florida. Members of the Legislature heard our cal to put Floridians ahead of special interests and combat the fraud that has become a billion dollar tax on drivers,” Scott stated.

PIP refers to Florida’s no-fault car insurance program. The new program will continue to require $10,000 in minimum coverage, which can be used by anyone seriously injured in a car accident. However, now, victims with moderate, also know as “soft-tissue,” injuries can only collect up to $2,500 worth of benefits. Additionally, chiropractors remain part of the PIP system and victims have up to 14 days to seek treatment. The state plans to complete an actuarial study of the new PIP law to determine how much money policyholders will actually save. Following the completion of the survey, insurance companies will adjust their rates to meet the new threshold requirements. Insurers claimed “PIP far outpaces what they receive in premiums, so it may be hard to pass along those savings in the short term.” Regardless, insurers are open to the reform and will work within the confines of the bill.

Scott spent the end of the week trying to convince senators to accept the reform after several senators complained that too many concessions were being made. “The compromise required both chambers to concede on some hot-button issues, such as attorney fee caps, requiring insurance companies to roll back rates and allowing insurance companies to examine policyholders under oath when investigating potential fraud.” Gov. Scott’s PIP reform was narrowly passed in the Senate, with a 22-17 vote, but flew through the House with an 80-34 vote.

Lawmakers pass PIP reform, www.miamiherald.com March 09, 2012.

Published on: February 13, 2012

Proposed Bill To Limit Bad Faith Claims Against Insurance Companies Fails

by Friedland | Carmona

Florida lawmakers proposed HB 427 last year in an attempt to “rein in plaintiff’s attorney’s attempts to trap insurance claims adjusters in bad faith situations.” The bill, which failed in the House Judiciary Committee would have required plaintiffs attorneys to give insurance companies a sixty day written notice stating that they intended to file a bad faith claim against the insurance company. Insurance attorneys have stated that bath faith claims arise when “a plaintiff’s attorney sends a policy limits demand to an insured containing a unilaterally-imposed deadline, typically ten days, for the insurer to pony up its policy limits under threat of a bad faith action against it if an excess judgment is obtained.” Insurance defense attorneys claim these demands do not give the adjuster adequate time to evaluate the claims and the demands contain little, if any of the needed information.

The failed bill states, “As a condition precedent to bringing an action either under this section or based on the common law claim of bad faith, the department and the authorized insurer must be given 60 days written notice of the violation. If the department returns a notice for lack of specificity, the 60 day time period shall not begin until a proper notice is filed.”
The notice to the insurance company would have had to contain:
1) The statutory provision or common law duty, including the statutory language, violated by the insurer.
2) A description of the facts and circumstances causing the violation and the amount of money the insurer failed to pay.
3) The names of persons involved in the violation.
4) The policy language relevant to the violation unless the action is brought by a third party claimant, then it shall not be required to reference the specific policy language if the insurer has not provided a copy of the policy pursuant to written request.
5) A statement the notice is given in order to perfect the right to pursue the civil remedy authorized by this section or by the common law.
The bill proposed that if any damages were paid out in regards to bad faith allegations within 60 days notice of the filing, “no action can be pursued and the insured is entitled to a general release from the claimant upon the insurer’s tender of the demanded amount in the notice or the applicable policy limits.”

As mentioned, the bill failed in the House Judiciary Committee and will not go into effect. Plaintiff’s attorneys are free to file a bad faith claim against insurers at any time and make demands within the confines of their clients’ policies.

Florida Lawmakers Attempt to Rein in ‘Bad Faith Set-Ups’, www.claimsjournal.com January 30, 2012.

Published on: February 6, 2012

Hialeah Soldier Killed in I-95 Motorcycle Crash

by Friedland | Carmona

He was a soldier. He was a Border Patrol agent. He was a motorcyclist. He wasn’t killed during his tour in Iraq. Drug smugglers or boarder jumpers didn’t kill him. Cheldon Levay Glover was killed after a car struck his motorcycle as he was driving down Intestate 95 on January 5, 2012. Glover was heading down I-95 near 151st Street when a van knocked his bike into traffic and kept driving. A Mercedes Benz soon struck him also. The driver of the Mercedes stopped and called 911. Thirty-year old Glover was airlifted to Ryder Trauma Center, where doctors diagnosed Glover with several broken ribs, a punctured lung and a broken pelvis. Glover died eight days later at the Trauma Center of a heart attack, leaving behind a one-year old daughter.

According to Glover’s father, he had always wanted to be a solider. G.I. Joes interested Glover more than any other toy as a child. By his high school graduation, Glover had enrolled in the Army National Guard’s 743 Maintenance Division. Prior to his deployment to Iraq, Glover also passed the quartermaster chemical-equipment repair course at Maryland’s Aberdeen Proving Ground. Those who knew him said he had a soldier’s mentality. But he was also very personable. Glover had arrived home less than a week earlier to surprise his family. He arrived at his sister’s surprise graduation party and, according to party guests, she was in a state of shock when she saw Glover.

Cheldon Glover, Border Patrol agent, killed in motorcycle accident, , www.miamiherald.com January 18, 2012.

Published on: January 30, 2012

Pompano Beach Child Remains In Critical Condition After Being Struck By Car

by Friedland | Carmona

Six-year-old Robert Glover Jr. lays in critical condition at Broward General Medical Center after being hit by a car as he was riding his scooter down the street. Marcus Permenter, 28, ran a stop sign and crashed into Chiledric Jacques’ 1991 Toyota Camry. Permenter’s car struck the young boy, a fence, a parked van, a tree and a pickup truck before coming to rest. Jacques’ car spun around multiple times before ending up in a yard near the intersection. The boy’s father watched the entire accident unfold.

According to neighbors, racing is a common problem in the area and many feel as though an accident like this was bound to happen. “Young guys out there speeding, building these cars to race. They need to put speed bumps in the residential neighborhoods. It needs to stop,” neighbor Rodney Martin stated and fellow neighbor Bernice Martin agreed. “Just slow down. This is not a speedway. This is a residential neighborhood and there are kids out, so everybody needs to take their time and slow down,” Martin stated.

Glover’s father, who witnessed his son being struck by the car, forgives the drivers. Conceding that mistakes happen, he stated that he doesn’t want Permenter to go to jail for the rest of his life over this accident. Glover’s main concern is praying for his son to get better. Bernice Martin summed up the tragedy of the day, commenting, “Little fella, he’s always riding up and down the street on his little thing. It’s sad.”

Boy, 6, Critical After Car Careens Into Him On Sidewalk, www.miami.cbslocal.com January 30, 2012.