Florida Insurance Claims Lawyer Blog

A motorcyclist was killed in a hit-and-run accident in Volusia County that occurred in February. According to an article in Palm Beach Post, an SUV driver hit the motorcyclist on State Road 415 and immediately left the scene. It was only recently that investigations by the Florida Highway Patrol finally revealed the identity of the driver. The man was arrested at his home on Thursday. He was charged with leaving the scene of an accident involving death and reckless driving for going too fast for the rainy conditions. This tragic local event is a reminder to our Palm Beach County motorcycle accident lawyer about the dangers associated with riding a motorcycle in our area. As this case demonstrates, the risks exist even if the motorcyclist engages in careful riding at all times.

This latest hit and run case illustrates the vulnerability of motorcycle riders. After being hit by the SUV, the rider was thrown from her bike into oncoming traffic. She was then hit by two other drivers and died at the scene.

The Florida Highway Patrol officers were able to determine the SUV driver was present in the area at the time of the accident by examining his cell phone records on the night of the accident. Further, investigators found a receipt in his SUV that showed he had paid a bill shortly before the accident occurred at a restaurant that was in close proximity to the location of the crash. All of this information will likely be important evidence in any subsequent legal actions related to this crash: both criminal and civil.

Palm Beach Motorcycle Accidents
In a previous post, we provided statistics to illustrate the serious dangers of riding a motorcycle. To reiterate, according to the most recent Florida Traffic Crash Statistic Report in 2010, 350 motorcyclists were killed and 6,686 were injured across the state as a result of these accidents. This striking statistic not only provides a clearer picture of just how dangerous riding a motorcycle is, but it also shows that the motorcyclist is likely to suffer the most severe injuries when involved in an accident.

This is often not because the motorcyclist themselves are anything less than careful, but because of the misconduct of those with whom they are sharing the road.

Legal Action Following Traffic Accidents
These sorts of tragedies often spur civil and criminal legal actions. Obviously traffic laws and hit and run criminal laws have been violated, likely resulting in criminal penalties. In addition, the civil law allows those hurt by the wrongdoing of others--like poor driving--to hold wrongdoers accountable. When an individual dies as a result of the conduct, certain family members are able to proceed with civil actions, often referred to as wrongful death suits.

It is vital for those individuals who have been injured in such situations seek the necessary help in order to receive compensation for their injuries. Our Palm Beach personal injury lawyer at The Law Office of Eric H. Luckman has the knowledge and experience to help those who have suffered injuries in all type of accidents.

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Motorcycle Accident in West Palm Beach

West Palm Beach Motorcycle Accident Attorney Advocates for Crash Victims

The dangers of riding a motorcycle are common knowledge to all those who work with auto accident victims in our area, including our Palm Beach motorcycle accident lawyer at the Law Office of Eric H. Luckman. According to the most recent Florida Traffic Crash Statistic Report in 2010, 350 motorcyclists were killed and 6,686 were injured across the state as a result of these accidents. During that year there were a total of 7,484 crashes involving motorcycles. This means that only 798 motorcycle crashes left the motorcyclist uninjured. As one might expect, in crashes involving motorcycles, it is generally the motorcyclist who ends up with the most severe injuries. Although these sobering statistics have decreased slightly, they are still higher than they were just a few years before.

One of these unfortunate and all too common motorcycle crashes occurred last Saturday evening on March 17th in West Palm Beach. According to an article in The Palm Beach Daily News the West Palm Beach police were pursuing two speeding motorcyclists riding north on South Ocean Boulevard. For unreported reasons the law enforcement officers called off their attempted traffic stop of the motorcycles.

After the traffic stop had been abandoned, one of the motorcyclists crashed into the guard rail near Sloan's Curve in the South End. This lead to the road being closed in both directions for hours while the injured motorcyclist was helped and the police investigated. According to police spokesman Fred Hess, the injured motorcyclist was taken to St. Mary's Medical Center with serious injuries. On March 18th The Palm Beach Daily News reported that the injured rider was Eddie Acevedo, and his condition was not available at the time of the report.

The police were left with several questions at the scene of the accident. First, what was the actual cause of the crash? The question is still unanswered. Second, what happened to the second motorcyclist? Police theories included that the motorcyclist rode off, that the motorcyclist was hiding near the crash site, or perhaps the motorcyclist had also been injured.

This accident also leaves our Boynton Beach injury attorney with a slew of questions, most of which could greatly affect the potential case for the injured rider. Negligence laws stemming from these accidents usually hinge on causation--what factors actually led the motorcyclist to be injury. Our Florida personal injury lawyer understands that the root of the accident is often a mix of causes, including negligence on the part of both the motorcycle rider and others. The law in this area in flexible in that it accounts for comparative fault. Therefore, just because a driver was not entirely blameless does not necessarily mean that they cannot recover something for the damages that they sustained.

For these reasons, if you are ever involved in one of these accidents in our area it is important to visit with a West Palm Beach motorcycle attorney like Eric Luckman to learn about your legal rights. Attorney Luckman is one of the very few lawyers in our state who have been Board Certified in Civil Trial Law by the Florida State Bar. His qualifications and experience make him the ideal choice to act as your advocate when dealing with the legal system following an accident on the road.

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Disagreement Over Whether Red Light Cameras Prevent Palm Beach Car Accidents

Continue reading "Motorcycle Accident in West Palm Beach" »

West Palm Beach car accidents injure thousands of residents every year. While the total number of fatalities caused by these crashes has decreased slightly over the past decade the total number of accidents has remained constant. Unfortunately, negligent driving remains as prevalent in our area as ever before. It is only through superior safety designs by car manufacturers that fewer lives are lost in area accidents. Our Palm Beach car accident lawyer works with many victims who have been hurt by the driving mistakes of others.

In an effort to crack down on dangerous driving, local law enforcement officers have installed red light cameras at many intersections. The cameras are designed to catch local travelers who drive through a red light. A photo is snapped upon each violation that allows authorities to identify the car's license plate number and issue citations. An investigation by WPTV News found that over the past 18 months Palm Beach County officials have handed out over 20,000 tickets to drivers caught by the red light cameras. That represents over $3 million in fines.

Law enforcement officials suggest that the main purpose of the cameras is to crack down on accidents. However, there is disagreement about whether these cameras actually make it less likely that area residents will be involved in a Palm Beach car accident. A nationwide study recently found that the cameras may have caused a slight decrease in overall crashes. Yet, a 2008 study focused specifically on Florida did not find any such benefits from these red light cameras.

A WPTV News study examining accident rates in Palm Beach country revealed mixed results. At two intersections the total number of accidents dropped by 33% and 36% following installation of the cameras. However, at one intersection accidents actually increased by 100% after the installation. In many other locations there was no noticeable change in crashes after the cameras were placed on the lights.

On one hand, proponents of the cameras explain that residents are slowing down earlier and stopping short of the white line in order to avoid triggering the camera. However, one local official who is opposed to the cameras said, "In my opinion, they're [red light cameras] going to cause more rear-end collisions." Whatever the case, it is important for the data to be accurately studied so that changes can be made if necessary to ensure that the focus is kept on what matters--reducing Florida traffic accidents.

Continue reading "Disagreement Over Whether Red Light Cameras Prevent Palm Beach Car Accidents" »

Most Palm Beach car accidents involve collisions between two or more vehicles, usually caused by the negligence of one of the drivers. Far too many area residents are harmed in these crashes each day. However, beyond these frequent incidents, cars often pose hidden dangers for many drivers. Those risks are particularly strong when one purchases a used car.

For example, WPTV reported yesterday on a college student who parked his 2009 Grand Prix in his school's parking lot shortly before the vehicle unexpectedly burst into flames. The fire department rushed to put out the blaze, which engulfed the entire car. Fortunately the driver was not injured in that case.

Shockingly, the bizarre incident is not unique, as many other 2009 Grand Prix drivers have faced similar problems. One driver reports that his car fire almost destroyed his house.

He explained the situation: "There was steam coming out the front of the car. And I thought I must have blown a radiator hose. So I opened the hood to try and let the steam out. Thinking I was going to get steamed, I backed off and when I did flames came rushing out."

Unknown to that driver or the college student, the cars that they had just bought at a used car dealership had actually been recalled a few months before because of the risk of engine leaks landing on the car's manifold. The National Highway Traffic Safety Administration explains how new car dealerships are forbidden from selling openly recalled vehicles, but the same rule does not apply to used car sellers. As a result, millions of cars with open recalls are on the road each day and many more are being sold in used lots throughout the country.

Continue reading "Palm Beach Car Accident Attorney Explains Potential Dangers with Used Car Recalls" »

West Palm Beach motorcycle accidents remain a prevalent problem. Unfortunately, many car and truck drivers continue to ignore or fail to see their fellow travelers on motorcycles--deadly collisions often result.

Many local residents are aware of the increased dangers associated with bikes, but the statistics remain sobering. The National Highway Traffic Safety Administration (NHTSA) reports that motorcyclists are seven times more likely to be involved in an accident than car drivers. The current accident rate stands at 72.34 per 100,000 registered motorcycles. However, those figures are misleading, because the accident rate between cars and motorcycles is even more disparate. When comparing total miles traveled motorcyclists are a dishearteningly 35 times more likely to be caught in a fatal accident than car drivers. Of course the reason for the increased risk is largely the open and exposed nature of the vehicles as compared to enclosed four-wheel machines.

But the message is clear: the stakes are always high when motorcyclists get caught in an accident.

The law just as clear in its protections for motorcycle riders--they deserve the same rights and have the same responsibilities as all other vehicles on the road. It is never an excuse for a car driver to claim that the bike was difficult to see or that they misjudged a driving maneuver because of the motorcycle's size. When a driver negligently causes a motorcycle accident than the law provides a remedy for the victim.

For example, last month recklessness of an area driver led to a deadly Boca Raton motorcycle crash. The Palm Beach Post reported on the motorcycle accident which struck on State Road 7. Authorities indicate that a drunk driver was headed down the wrong side of the road, against on-coming traffic, when his car slammed into the front of Harley Sportster. The motorcycle driver was thrown from his vehicle and died at the scene.

Continue reading "West Palm Beach Motorcycle Accident Attorney Advocates for Crash Victims" »

An experienced West Palm Beach car accident lawyer knows how important it is for thorough, accurate, and complete car accident investigations to be conducted following all traffic crashes. Every day thousands of community members, including many in our area, find themselves victims of car, truck, and motorcycle accidents. The causes of these incidents are often complex--various factors may be involved that are not apparent at first glance. Even when the cause of a West Palm Beach car accident seems clear, a proper investigation may reveal that distractions, malfunctions, or other types of negligence contributed to the accident.

For example, this morning WPBF News reported on a fatal Cooper City car accident that struck yesterday afternoon. Around 3:30 p.m. the victim was driving his car on a local road in Broward County, when, according to witnesses, his vehicle abruptly drove into a yard. The car then crashed through a fence and hit a tree before flipping over and sliding nearly two hundred feet along a gully. The driver was ejected from the vehicle during the accident and did not survive his injuries.

Even with witnesses able to report on the car accident, local officials are still unsure what led to the deadly event. A variety of possibilities exist. The man could have fallen asleep at the wheel. He may have suffered a sudden medical condition. Perhaps his car malfunctioned in some way. Each possibility has different ramifications when it comes to the law.

It is for those reasons that all accident victims should seek out the help of a Florida car crash attorney to help investigate the events that led to an accident. The attorney can then explain how you may be able to seek recovery for your losses in that accident.

Continue reading "Florida Car Accident Attorney Explains Importance of Proper Investigations" »