Tampa St. Petersburg Injury Attorney Blog

Yes, negligence can be caused by all kinds of things, radios, text messages. Today's personal injury attorney blog is my first time reading about a semi tractor trailer crash involving a pedestrian which may have a contributing cause being "alcohol withdrawal."
Willie Don Surles, 51, of Haines City was supposed to be safe in a hospital room. According to family members, he had suffered seizures due to alcohol withdrawal. Where he was found at around 4 a.m. on Monday morning was not in the hospital where he belonged, but on the side of the road after being hit by a tractor trailer.
According to deputies, a witness stated they saw a man running west across Highway 27 from what appeared to be a Publix parking lot. The witness saw the victim run straight into the direct path of the truck but did not witness the impact of the two.
It was not until later that day when a 56-year-old man was watching the news reports that he realized that he was the one whom had hit Surles with his tractor trailer. He told deputies he thought he hit some sort of object with his tractor trailer. It wasn't until he heard it was a person that he came forward and reported it to the deputies. The sheriff's office says the truck damage was consistent with evidence from the scene. Deputies say the driver is cooperating fully with the investigation.
Hospital officials say Surles pulled a knife on a nurse and ran out of the hospital. His life was abruptly ended when his escape landed him straight into the path of the tractor trailer.
According to Surle's wife, she says the hospital should have done more to keep him safe. This does not look to me like a what I would consider a "strong" argument for liability on behalf of the hospital, but then, I don't know a lot of details.
Regarding the collision, the report does bring up some other questions. I, like you, have a certain amount of skepticism every time a person says the hit someone and not know about it. In Florida if you are involved in a car accident that injures a person or animal or results in damages to another person's property, it is illegal to leave the accident scene without first calling police. It makes no difference that the accident was not intentional and the crime, called hit and run can result in serious consequences, ranging from high fines to prison time or both.
Hit and run laws differ by state of course. A first-time offender whose hit and run accident caused damage to another persons vehicle will usually be required to pay the victim for damages. This often is covered by a person's insurance. In certain states such as Florida, where insurance points are assessed, a high number of points will be tacked on for hit and run accidents causing your insurance rates to sky rocket for years to come.

Continue reading "Semi tractor trailer collision v. pedestrian v. alcohol withdrawal? Haines City, FL" »

1) Immediately after a car, truck, motorcycle, semi/tractor trailer crash, move yourself and your passengers out of harm's way. Safety is of course the first thing to worry about. If you can safely leave your automobiles where they came to rest after the crash, however, it will give you benefits of being able to take photographs which are valuable to a personal injury attorney you hire later.

2) Assist anyone who was injured in the collision. Call an ambulance if necessary. Remember, the cars aren't going to move (usually) and delaying in emergency treatment after a collision can actually increase injuries. Watch how the others behave after the crash. Motorist's behavior after a crash sometimes gets into evidence, and it often angers or pleases jurors.

3) Call the police - this may be necessary to make an insurance claim. While this may not get into evidence, it will often help your attorney negotiate for you later. If someone requests that you do not call the police, respectfully let them know that your insurance probably requires it. The fact is that the people who ask you not to call police have negative motives, even if they seem honest.

4) Get the name, address, phone number, and license number of the other driver(s), car(s) involved in any way in the crash. Get contact information for ALL WITNESSES who saw the crash or even if they came afterwards to see how the cars came to rest or how people behaved after the collision. Do not rely on the police to do this. While most of our police are diligent in executing their jobs, I commonly frustrated when police do not adequately review the information in front of them prior to giving tickets. I am also frustrated when police decide not to include all the witness names and information on their traffic reports. There is no explanation other than laziness.

5) Exchange insurance information. It will save your personal injury attorney (therefore you) time later.

6) Take photographs of all vehicles and where they are in relation to surrounding areas. Make sure to include photos from different distances and directions including from the side of the road to close-ups showing damage to all the cars. Use your cell phone if necessary. If you do not have a cell phone or a camera, you may be able to get a Samaritan to take some and email them to you on the spot. Or you can call a friend nearby to have them bring one out to you. Digital photos are fantastic because your personal injury attorney will be more able to blow them up for exhibits later at trial or negotiations.

Continue reading "What To Do After An Automobile Accident In Florida " »