Man and Woman Die in Separate, but Related Crashes on I-95 in Brevard
July 27, 2009 by stevie · Leave a Comment
In the early morning hours of June 26, 2009, two individuals lost their lives in separate car crashes on I-95 in Brevard. Orlando-based attorney Tony Francis of the Francis Law Firm offers commentary and insight.
Christine Marie Gritz, 32, of Palm Bay, was killed around 4:30 on the morning of June 26, 2009. The driver of the vehicle in which Ms. Gritz was a passenger, Itumus Mitchell, told crash investigators that Gritz reached across him and interfered with his driving, which caused him to lose control of his vehicle. Mitchell swerved into the southbound lane barrier (just south of Fiske Boulevard) causing the vehicle to overturn. Gritz was pronounced dead at the scene. “An interesting question of liability arises here,” said Orlando-based attorney Tony Francis, “Is the driver liable for failing to control his vehicle, even though it was his passenger who apparently caused him to lose control?”
A second crash occurred about two miles north of the first accident scene a short time later according to the Florida Highway Patrol. A tractor-trailer stalled in the traffic back-up from the first accident was slammed into by a second tractor-trailer being operated by Cecil Ray Couch, 63, of Georgia. Couch was killed in the accident, but the driver of the stopped tractor- trailer suffered only minor injuries.
“While you wouldn’t expect to come upon a tractor-trailer stalled in the middle of an interstate highway, a driver has to be alert and is responsible for maintaining control of a vehicle. Mr. Couch might have simply sneezed or took his eye off the scene in front of him for just an instant. Unfortunately, that’s all it takes sometimes to turn the routine of early morning travel into tragedy,” Francis explains.
Traffic was diverted to State Road 520 for 4 ½ hours until lanes were reopened by the Florida Highway Patrol. “I can recall an incident in the same general area where a similar series of accidents diverted traffic for almost eight hours,” Francis recalls.
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Four Car Crash on Florida Turnpike Injures Two
July 27, 2009 by stevie · 1 Comment
Sheriff’s Deputy and a man pulled over by the Sheriff during a traffic stop were injured in a pre-dawn crash. Orlando-based lawyer Tony Francis of the Francis Law Firm offers some pertinent perspective and commentary.
The Florida Turnpike seems like such a safe road. The toll booths indicate safe passage and slightly below normal traffic loads in a large portion of the state. But early on the morning of July 3, 2009, before the sun came up to shine its light on orange and mango groves and the occasional billboard with its tourist attractions, four cars were involved in a serious accident on the Florida Turnpike.
Crucial actors in this real-life drama were Sheriff’s Deputy Shane Dickens, 23, of Orlando, and Kerry Velasquez, 22, of St. Cloud, whose vehicle had been stopped by Deputy Dickens at mile marker 252 of the southbound lanes of Florida’s Turnpike in the stillness just prior to dawn. Velasquez complied with the law enforcement request and pulled his late model Buick over onto the shoulder on the left by the median, according to the Florida Highway Patrol.
“That’s significant,” explains attorney Tony Francis, of the Orlando-based Francis Law Firm, “Mr. Velasquez was definitely a law abiding citizen in that he was apparently in full compliance with the officer’s request.”
Dickens’ marked patrol car had all its emergency lights on and was parked in direct alignment behind the Buick.
“You’d think that both pulled over stopped vehicles would be relatively safe from oncoming turnpike traffic,” Francis asserts.
But safety was not in the cards on this wee hour in summer. A Ford Explorer driven by Christopher Schriefer, 32, of Kissimmee, was approaching in the southbound left inside lane and failed to move over as required by Florida law, according to the Florida Highway Patrol. As the Ford SUV approached the scene, Schriefer veered off the road onto the shoulder and struck the rear of Dickens’ patrol car.
The Ford then bounced back into the travel lanes and was sideswiped by a southbound semi-truck traveling in the right lane driven by Arturo Lopez, 55, of Oak Creek, Wisconsin.
“Mr. Lopez is a prime example of being in the wrong place at the wrong time,” says Francis.
At the time of the collision, Deputy Dickens was out of his vehicle conducting his traffic stop and standing beside the driver-side window of the Buick.
To learn more about Orlando injury lawyer, Orlando personal injury lawyer, Orlando accident lawyer, Orlando injury attorney, visit Francislawgroup.com.
Why Children Shouldn’t Drive
June 22, 2009 by stevie · Leave a Comment
Tony Francis of the Orlando-based Francis Law Firm offers some pertinent observations about a recent Osceola County accident in which a fourteen-year-old girl’s inexperience behind the wheel may have resulted in the tragic death of a second female passenger riding in her car who was only twelve.
According to the Florida Highway Patrol, a car accident involving an underage teen behind the wheel killed a 12-year-old Osceola girl late on the evening of Saturday, June 6th. In the crowded car, Shauna O’Rourke was a passenger with two teen girls, a toddler, and her 25-year-old brother Daniel O’Rourke, who has never had a driver’s license in what can be construed as a cruel irony.
At about 10:45 p.m., the driver, 14-year-old Allison Sullivan, braked while driving on rural Absher Road east of St. Cloud, troopers said. The sudden braking caused the car to skid, before it spun onto the shoulder where it struck a culvert and flew into the air. The car overturned, ejecting Shauna O’Rourke and her brother, who were the only occupants of the car not wearing seat belts.
Shauna O’Rourke was pronounced dead at Arnold Palmer Hospital. Daniel O’Rourke suffered serious injuries and was transported to Orlando Regional Medical Center. Sullivan and the two other passengers in the car sustained minor injuries. All of the people in the car were from St. Cloud.
It was ascertained by police that Daniel O’Rourke has never had a driver’s license. Caught driving without one in 2004, he was also guilty of not paying traffic tickets, including several bicycle violations. He also has an extensive criminal record in Osceola County, with a conviction on a drug charge earlier in 2009 the most recent infraction.
“This kind of case is truly tragic,” observed Francis of the Orlando-based Francis Law Firm. “Children killing children in car accidents are triggered by many factors, but this type of accident is all too common in our state. I think a 14-year-old is too young to drive, period – especially at night traveling at a high rate of speed on a rural highway.”
The death of the 12-year-old compounded the tragedy. “Shauna could have grown up into a fine woman,” he concludes, “She never got the chance.”
As for the 25-year-old not being behind the wheel, Francis perceives this to be a cruel irony. “He’s still relatively young too,” the lawyer said, “but he’ll have to live with the consequences of this tragedy for the rest of his life.”
To learn more about Orlando injury lawyer, Orlando personal injury lawyer, Orlando accident lawyer, Orlando injury attorney, visit Francislawgroup.com.
Two Killed in Orange County Car Crash
June 22, 2009 by stevie · Leave a Comment
Tony Francis of the Orlando-based Francis Law Firm notes the all-too common incidences of accidents in Orange and Seminole County, and urges stricter adherence to safe driving practices.
Sometimes accidents have consequences that are improbable. When a driver in Oviedo lost control of his car and surged into a power line, interrupting electricity to thousands of Seminole County residents on Saturday May 30th, nobody expected it. “Sometimes accidents can have unexpected consequences,” says Orlando-based attorney Tony Francis of the Francis Law firm.
The mishap knocked out power to about 13,000 residents of Seminole County. The driver, behind the wheel of a White Cadillac, inexplicably lost control and slammed into the pole on Mitchell Hammock Road. While the pole is still upright, the crash with the Caddy knocked loose several high-tension power lines causing a monstrous fireworks display more indicative of 4th of July. “Witnesses claimed that the vehicle swerved like a hooked fish from side to side and hit the pole,” said Lt. Tony Valez of the Oviedo Police Department. The driver was airlifted to Orlando Regional Medical Center in serious condition. The crash cut off power to most of Oviedo. Residents and businesses were left without air conditioning, lights, and appliances. After about two hours, Progress Energy was able to divert the electricity and restore power.
An accident on Thursday night, June 4th, was more deadly. It happened on Interstate 4 in Orange County. The Florida Highway Patrol says 25-year-old Roberto Valles was traveling on I-4 when he ran off the highway and onto the grass. The car hit an exit sign and flipped onto its roof. Two passengers were ejected and later died. Valles and another passenger were taken to a hospital in serious condition.
“That’s a real tragedy,” says Francis, “While details are too sketchy to determine much about what happened, when lives are lost, the tragic nature of an accident becomes indelible.”
It is estimated that several hundred people die in Central Florida accidents each year. “Highway safety is discussed in the schools and in people’s homes,” Francis explains, “but it never seems to really sink in. Perhaps it should be stressed even more.”
To learn more about Orlando injury lawyer, Orlando personal injury lawyer, Orlando accident lawyer, Orlando injury attorney, visit Francislawgroup.com.
Francis Law Firm Takes Clear Stand on Controversial HB 903
May 21, 2009 by stevie · Leave a Comment
Tony Francis, of the Orlando-based Francis Law Firm, is opposed to the Florida House Bill primarily because its repeal or veto is crucial to the rights of workers.
House Bill 903 is like the clock reversing direction into a past when workers rights were blithely ignored. Its passage on May 1, 2009, negates a previous Florida Supreme Court ruling and restores a cap on attorney’s fees in workers’ compensation cases. Headed for the desk of Florida Governor Charlie Crist after being passed by the Senate by a 22-16 vote, it appears that being paid “reasonably” for representing injured workers is a vestige of the past.
The October 2008 decision by the state’s highest court involved a nurse who was injured lifting a patient at a nursing home. Her lawyer helped her win $3,344 in lost wages and medical expenses after her initial claim was denied. The law, ironically enough, limited the attorney’s fee to about $8 an hour while the insurance company’s lawyers were paid about $150 an hour. Tony Francis of the Orlando-based Francis Law Firm refuses to remain silent. “Last fall’s Supreme Court decision was unfair. This bill would retrograde us back to a completely skewed playing field. What lawyer could afford to represent injured workers if HB903 becomes law? All we’re asking for is a fair shake – not just for us, but for workers who get hurt. Why should insurance companies get to run the table?”
Francis has more to say about the controversial HB903. “This is what’s called a ‘bad bill,’ and who does it hurt most? Who will fight insurers who refuse to pay doctor bills for workers hurt on the job?” Florida Justice Association spokeswoman Jacqui Sisto agrees, “This version of the bill is greatly unfair to Florida’s injured workers and first responders.” She added that it may even face a constitutional challenge. Francis adds fuel to this argument. “Deletion of the word ‘reasonable’ will mean continued litigation over who gets to access the courts to obtain wrongfully denied benefits for injured workers and first responders,” he says. But one of the eventualities that Francis perceives is increased costs passed on to taxpayers. “What’s going to happen when injured workers, after being denied deserved benefits and recovered losses, are forced to seek help from social programs such as Medicaid to pay their bills, especially if they’re unable to return to work for an extended period? It will mean that taxpayers will eventually be footing their bills – bills that might well have been paid by insurance carriers if the workers had been able to get decent legal representation in the first place.”
To learn more about Orlando injury lawyer, Orlando personal injury lawyer, Orlando accident lawyer, Orlando injury attorney, visit Francislawgroup.com.
Francis Law Firm Opposes Florida House Bill 903
May 21, 2009 by stevie · Leave a Comment
Tony Francis of the Francis Law Firm is front and center against the controversial workers’ compensation bill, and he urges Governor Crist to veto it. There are some excellent reasons why.
On Friday, May 1, 2009, the Florida Legislature passed HB 903 dealing with workers’ compensation. Tony Francis of the Francis Law Firm, and the Florida Justice Association (FJA), strongly opposed this unfair legislation. A fight was tirelessly waged throughout the legislative session to get the controversial bill either amended or killed. Last minute compromises failed and now the bill is headed to the governor for his signature.
The bill essentially prevents Florida’s injured workers from finding an attorney willing to represent them in court. House Bill 903 creates an uneven playing field as injured workers are placed at a disadvantage because they are unable to pay their attorneys “reasonable compensation.” The bill gives insurance companies a decidedly unfair advantage by encouraging bad claims handling practices and eliminating penalties for wrongfully denying claims.
Asserts Tony Francis of the Orlando-based Francis Law Firm, “Deletion of the word ‘reasonable’ will mean more litigation contesting the ability to access the courts to obtain wrongfully denied benefits by injured workers and first responders.” Furthermore, without the obligation to pay a ‘reasonable fee,’ the insurance carrier “can keep on denying benefits and coerce injured workers into taking quick and unreasonable settlements,” Francis argues. It’s also a question of access. “Why is it considered okay to block the access to the courts for injured workers and first responders by capping attorney’s fees when workers’ compensation benefits are wrongfully denied?”
Francis places HB903 in the stark relief of a citizen perspective. “What’s the upshot of all this? It’s easy to see what will happen. Unable to recover the benefits they need for survival; injured workers will be left to the lottery-like applications required by social programs such as Medicaid to pay their bills. It’s pretty obvious that the real bills will end up being paid by taxpayers, as is too often the case.”
Wealthy insurance companies are the true beneficiaries of this ill-advised legislation. “The injured workers won’t be getting their day in court, no matter how egregious the workplace might have been to cause accidents that in at least some cases, could have been prevented,” Francis concludes.
To learn more about Orlando injury lawyer, Orlando personal injury lawyer, Orlando accident lawyer, Orlando injury attorney, visit Francislawgroup.com.
Improved School Bus Safety
April 28, 2009 by christy · Leave a Comment
If there were ever a debate about what the largest mass transportation system was in the United States, a lot of people would lose their first bet, as the largest system is actually thousands of school buses.
They are mellow yellow and are seen in virtually every neighborhood in America, taking on the responsibility of transporting over 20 million kids to school and home and taking them to sporting events and on road trips. “For the most part school buses are a safe way to travel,” said Tony Francis of the Francis Law Firm in Orlando, Florida, “however, the statistics do show that school bus accidents account for roughly one third of all fatalities.”
They can’t help their size and because school buses are that big, they naturally have a higher likelihood of being in fatal collisions. “Recognizing that it was time to do something about the safety issues that have always surrounded school buses, manufacturers, in partnership with national lawmakers, are striving to include three new features for school buses,” outlined Francis.
The newer features include something called an Obstacle Detection System, an Integrated Collision Warning System and a Transit Integrated Vehicle Based Safety System. The driver reaction to these additions has, so far, been fairly positive, as these features are being seen as enhancing the bus driver’s ability to protect his or her charges.
The Obstacle Detection System extends the driver’s sight with ultrasonic sensors on all four corners of the bus. A visual and audible alarm sounds when something is in the buses path within 4 to 8 feet. This is a nice addition to a bus’s safety arsenal and helps get rid of some of the driver’s blind spots.
The Integrated Collision Warning System has a forward and side collision warning system by using radar and other sensors to track objects around the bus, and the Transit Integrated Vehicle Based Safety System is still being tested, but it appears to reduce hard braking.
School bus safety is a vital issue to everyone, as those buses take the future of our nation to school and beyond. If a loved one has been involved in a school bus collision, do not wait to contact a school bus accident lawyer to obtain justice. Tony Francis of the Francis Law Firm in Orlando, Florida, has an excellent track record for ensuring justice is done for his clients.
To learn more about Orlando injury lawyer, Orlando personal injury lawyer, Orlando accident lawyer, Orlando injury attorney, visit Francislawgroup.com.
When the Bike Hits the Pavement
April 28, 2009 by christy · Leave a Comment
Everyone knows that when a motorcycle hits the pavement there will be serious injuries or a death. The problem lies in determining who is at fault for the injuries of the survivor or the wrongful death of the biker.
Every day there are motorcycle accidents, and every day bikers either come out of a crash alive, but seriously injured, or lose their lives on the road. It’s a well-known myth that motorcyclists are reckless drivers with no regard for the rules of the road or other vehicles. “The fact of the matter is that it is negligent car drivers who are the cause for most bike crashes,” indicated Tony Francis of the Francis Law Firm in Orlando, Florida.
An injured biker may file a claim for injuries, pain, damages, loss of income, etc. so long as they are able to show that the defendant was negligent and responsible for the accident. If this accident took place in a state that apportions liability, there may be a different outcome relating to damages if the judge assesses negligence on the part of both parties in the accident.
At all times, anyone involved in a motorbike crash must be acutely aware of the statute of limitations in their respective state. A competent motorcycle crash attorney, such as Tony Francis of the Francis Law Firm in Orlando, Florida, will be able to offer solid advice on how to proceed with a claim. “If the lawsuit is a claim for injuries due to negligence, compensation may be sought for medical bills, loss of earning potential, partial or permanent disability, property damage and psychological suffering,” outlined Francis.
Wrongful death lawsuits are similar in some respects to lawsuits for damages, in that wrongful death suits may seek reimbursement for medical expenses, funeral and burial costs, the pain of the deceased, financial compensation for the heirs, as well as loss of companionship, society and love. “The crucial element in a wrongful death lawsuit is that the accident must have been caused by someone else who acted negligently,” said Francis.
The negligence may not necessarily be due to an impact with another vehicle; it may also have something to do with the bike manufacturer making a defective product or a parts manufacturer selling a defective part. “Aftermarket parts with performance problems have also been the cause of some motorbike crashes,” added Francis.
Keep in mind that there are various laws in each jurisdiction depending on the circumstances of the accident. Also, the cause of the accident will dictate the type of wrongful death case e.g. product liability. It is imperative if a loved one has been involved in a motorbike crash, that the family immediately consult a motorcycle attorney without delay.
To learn more about Orlando injury lawyer, Orlando personal injury lawyer, Orlando accident lawyer, Orlando injury attorney, visit Francislawgroup.com.
Breathalyzer Use Still a Point of Contention
March 22, 2009 by christy · Leave a Comment
It’s not rocket science, although one might wonder when faced with some of the latest breathalyzers on the market. The fancier they get, the more legal challenges they generate.
Law enforcement loves breathalyzers for what secrets they tell about a driver suspected of operating a vehicle under the influence of alcohol. The problem lately is that some of the newer models being used in the field – the Intoxilyzer 5000 and Intoxilyzer 8000 – are being fought tooth and nail by attorneys because of the admissibility of the results.
It seems the major problem is that the company that makes these interesting machines isn’t in any mood to share their source code. While this may be just a company protecting its technology and the right to protect its patent, etc., it is also a major stumbling block with DUI attorneys who are rightfully pointing out that their clients can’t get a fair trial without being able to see if the source code actually works properly and more importantly, accurately.
While this might not concern too many people, it concerns the legal community because recently a Florida judge booted more than 100 DUI cases out of court because the court couldn’t get a look at the source code. “This makes a major difference in how people are defended. It’s their basic rights we’re talking about,” stated Francis.
The issue is that unreliable or possibly inaccurate source code in these machines may offer inaccurate blood alcohol test results. “If that happens,” added Francis, “this may mean convicting innocent drivers.” Although many of the courts across the country are ordering manufacturers to cough up the code so the defense may inspect it, there hasn’t been much success to date.
Where this issue will end up is anyone’s guess, but suffice it to say that it certainly goes right to the heart of an accused’s right to have all relevant information at their disposal. If we are charging and convicting people who are innocent of the crime of driving while under the influence, we need to remedy this situation before further injustice is done.
To learn more, visit http://www.francislawgroup.com.
Adviatech Corp., PR for FrancisLawGroup.com
9280 Bay Plaza Blvd Suite 706
Tampa, FL 33619
1.813.600.3017
Drinking and Driving Don’t Mix
March 22, 2009 by christy · Leave a Comment
While most people get the picture that drinking and driving don’t mix, there are still those who think the rules don’t apply to them because they are the exception and will not get caught.
Drunk driving education has been in effect in all American states for many years now, and yet, devastating accidents continue to happen. “No matter how graphic the pictures of the carnage, crashes due to an inebriated driver are regular occurrences on police blotters across Florida,” said Tony Francis of the Francis Law Firm in Orlando.
On the upside of this story is the fact that in 2006, drunk driving deaths dropped to 959 fatalities, a significant drop from 2005’s number of 1,271. While there is definitely room for improvement here, the numbers are encouraging. However numbers like these are still cause for concern and this is one of the reasons that all 50 states have two statutory offenses for those charged with operating a vehicle while under the influence of alcohol.
“The first offense and it’s considered to be the original one,” explained Francis, ” is called either driving while under the influence (DUI), driving while intoxicated (DWI) or operating a vehicle while impaired (OWI).” What a driver is charged with is usually at the discretion of the police officer that pulls them over. The second offense is called illegal per se, which basically means operating a vehicle with a BAC of 0.08% of higher.
“Floridians are nothing if not creative,” indicated Francis, as he outlined an interesting program launched in Maricopa County called DD 24-7 that stands for Designated Drivers 24-7. It was started in December of 2008 and became a virtual overnight success when they offered people and groups (there’s even an executive membership) a pick up from where they were drinking and a drive home safely. “The program takes the person’s car and them home safely,” he added.
It’s a fairly straightforward service. Anyone who has been drinking and isn’t able to drive calls DD 24-7 and within 30 minutes a team of designated drivers shows up. The first driver handles the member’s car, the member, and any guests by dropping them off at home. Driver number two follows along and then takes the first driver back to the office.
Without getting into the wherewithal of payments, tips or any fees that may be required for this service, it’s a sign of the times that private individuals are taking matters into their own hands to make a difference in waging war on drunk drivers. Along the way they have demonstrated that people can make a difference in dealing with the problem of drinking and driving by thinking outside the box. Would the government have the same capacity to address this issue in a more successful manner?
“Drinking and driving is not the smartest thing to do,” commented Francis, “but if you do indulge and get stopped, do not take any of the roadside sobriety tests. Wait until you have contacted an attorney before you say a word. It may mean a trip to the police station, but on the other hand, it may also mean I might be able to save your license,” he added.
To learn more, visit http://www.francislawgroup.com.
Adviatech Corp., PR for FrancisLawGroup.com
9280 Bay Plaza Blvd Suite 706
Tampa, FL 33619
1.813.600.3017