Safety Matters – Florida Has Most Pedestrian and Bicyclist Injuries from Car Accidents

Friday, January 29, 2010

While walking or biking in very populated areas, you take a risk of sustaining severe personal injury and/or death if struck by a motor vehicle. The state of Florida is particularly prone to bicycle-auto accidents and pedestrian-auto accidents as the weather is warm year-round.

Their track record with the injuries and deaths from car accidents is alarming–both national and state data show that there is a very high risk of injury or death for pedestrians and bicyclists in Florida. According to the National Highway Traffic Safety Administration, Florida has the highest rate in the nation of pedestrian fatalities because of car accidents in 2008, as well as the highest number of bicycle fatalities.

Like many other states around the country, Florida law requires all drivers to purchase and keep personal injury protection (PIP) insurance and property damage liability insurance in order to keep their driver’s license and registration current. This insurance covers a variety of things, including the medical costs of pedestrian and bicycle accident injuries or deaths occurring as a result of a car accident. Common injuries sustained in car accidents are concussions, broken bones, traumatic brain injuries, back or neck injuries, or sometimes death. Additionally, pedestrians or bicyclists may be entitled to other damages, such as financial support for pain and suffering or loss of wages. If a fatality occurs, it may be possible to recover payment for funeral expenses and loss of companionship.

Being involved in a bicycle-auto accident or a pedestrian-auto accident is a diffcult process for anyone to go through. An experienced personal injury attorney can help answer many of the questions that an injured person has regarding an accident.  Personal injuries sustained in car accidents have the potential to be life-changing. Therefore, it is essential to contact a hard-working and aggressive personal injury lawyer for the representation needed to conduct a successful claim. The Law Offices of Bredell and Bredell have years of experience providing legal advice and help to injured persons, and are available to help you today.

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Bicycle Accident – Fatal Accident on Highway Raises Safety Questions

Tuesday, January 26, 2010

This week, the Miami-Dade County commissioners spent a considerable amount of time investigating the death of a Florida cyclist who was struck by a car while riding on the Rickenbacker Causeway. The commissioners debated what caused the accident and what can be done in order to make Miami streets safer for all those who take to the road.

Bicyclist Christopher Lecanne, 44, was riding his bicycle Sunday morning when he was struck by a car on the Rickenbacker Causeway near Key Biscayne.  The bicycle was dragged almost the entire length of the village. The driver of the vehicle, Carlos Bertonatti, 28, was arrested the next day by Miami police and charged with an entire list of charges including: vehicular manslaughter, DUI manslaughter, not having a valid driver’s license, and leaving the scene of the accident. And, he certainly was no stranger to traffic violations either–his driving record boasts forty-two citations in the past twelve years.

Unfortunately, at the time of the accident the closest fire-rescue team was closed. Therefore, an emergency team from South Miami, ten miles away, was sent instead. Because they had to travel so far to get to the scene of the accident, the medical team arrived after Lecanne had died.

County Manager George Burgess was questioned by the commissioners about the station’s part-time hours. During the spring budget session, it was explicitly stated that no public safety concerns would be slashed. To combat this problem, the toll has been raised at the Key Biscayne entrance in order to fund the station and keep them open full time. Additionally, a variety of safety measures were discussed, including lowering the speed limit and having more officers on patrol. It was also suggested that the local police departments unify their radio systems in order to better respond to accidents. Yet the problem essentially remains the same–it has been increasingly difficult to find funding for all of the necessary changes.

Because bicycles, motorcycles, and automobiles share the roadways, it is increasingly important that they watch out for one another. As seen by the example of Christopher Lecanne, bicycle-auto accidents can cause severe personal injury and/or death. An experienced personal injury lawyer can help provide answers to the many questions that an injured individual would likely have regarding their case. If you have been injured in an accident, you may be entitled to damages–and an aggressive personal injury attorney can help you retrieve your deserved compensation. The Law Offices of Bredell and Bredell have years of experience representing individuals who have sustained personal injury in accidents, and are ready to help you as well.

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Train Accident – Maryland Approves $1.5M Settlement in Death of Teens

Sunday, January 24, 2010

Walking across railroad tracks, and other places of heavy transportation is to take a large risk. If struck by any motorized vehicle, severe personal injury can ensue. Such is the example of the two Maryland teenagers who were struck and killed by a light rail train outside of Lutherville.

In July 2009, Jarrett Peterson and Kyle  Wankmiller, 17, were walking across railroad tracks that are generally used for southbound trains. However, the Maryland Transit Administration had moved northbound traffic onto the southbound tracks because of vandalism. The driver of the train did not see the boys on the tracks and because of that, did not stop the train.   The bodies of the two teenage boys were discovered by a fare inspector that was on the scene.

Although the Maryland Transit Administration began an investigation, the families of the deceased boys requested that the Baltimore County Police Department handle the case. MTA nonetheless, conducted their own investigation eventually firing two operators and took disciplinary action against six other employees. The personal injury lawyer representing the victim’s families  has also filed legal notice with the state, informing them of their intent to sue. The maintain that the train operator was negligent because he took his attention off of the tracks in the last few seconds before impact. Additionally, the plaintiffs hold that the MTA operators not only didn’t report the sighting of the boys on the tracks, but the agency also had no procedure for notifying operators to take extra precaution when operating on different tracks.

However, since filing the claim, the case has been settled before a trial began. The families of the two teenagers will receive $1.5 million in damages. Additionally, the Maryland Transit Administration has since made changes to their procedure, adopting new policies regarding walking on tracks, and single-track operations. According to Miller, “The families are very pleased with the outcome and they are pleased that the MTA has made changes that they think will help prevent an accident like this in the future.”

Train-pedestrian accidents are devastating and will cause severe injury and/or death. It is vital to avoid walking around or on railroad tracks, as examples such as these show how easily an accident can occur. An experienced personal injury lawyer can help answer many of the questions that an injured individual would likely have. These injuries can be life-changing and permanent, and you may be entitled to collect damages. An aggressive and hard-working personal injury attorney can provide the best legal representation for your case. The Law Offices of Bredell and Bredell have years of experience representing injured people, and are ready to help you.

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Auto-Pedestrian Accident: Ex-Policeman Backs Into Pregnant Woman

Sunday, January 17, 2010

Just because people are in positions of power or in the public eye, does not mean that they are exempt from causing devastating accidents. In the opening days of the new year, Howard Safir, 67, a ex-New York City police commissioner backed his sport utility vehicle into a pregnant woman. According to police reports, the former commissioner during the Giuliani administration hit the woman while driving on the Upper East Side, and then drove off.

The auto-pedestrian accident occured in front of 1418 Third Avenue around 2:25 p.m. The woman hit, Joanne M. Valazero, 30, was knocked down but still able to jot down the license plate number belonging to Safir’s 2009 Cadillac Escalade. Immediately following the accident, Valazero was taken to New York Presbyterian Hospital/Weill Cornell Medical Center, where she was treated for minor injuries and released. Fortunately, her unborn child was “apparently, not affected.”

Investigators from the 19th Precinct questioned Safir regarding the accident. They “determined that there was no criminality,” and that Safir was unaware that he hit the woman before he drove away. Police maintain that Safir’s car was double-parked, and when he hit the woman, he was trying to maneuver out of that spot. He was traveling with his wife at the time of the accident.

However, the account given to police by Valazero questions the validity of Safir’s story. As she was crossing the street in between cars, and went in reverse, the female passenger in his vehicle screamed “Are you not looking? There is someone there!” Then the automobile hit Valazero in the shoulder, knee, and the side of her stomach. According to Valazero, if Safir’s wife had not screamed, she would not have turned and the personal injury sustained would have been car more severe.

All persons who operating motor vehicles on the road should give the utmost attention to driving, regardless of celebrity status or positions of power. Had Safir paid closer attention to what he was doing, perhaps this accident could have been entirely avoided. Personal injury sustained after an auto-pedestrian accident can be life-changing. An experienced personal injury attorney can help answer many of the questions that an injured person would undoubtedly have surrounding their case. If you’ve been injured in an accident, you could be entitled to compensation for your injuries. A hard-working personal injury lawyer can provide the best legal advice to get you the most for your injuries. The Law Offices of Bredell and Bredell are ready and waiting to assist you with your case.

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Car Accident – Teen Hit by Middle School Principal in SUV

Saturday, January 9, 2010

After being hit by a sport utility vehicle, a high school teenager is left in critical condition. The Pennsylvania teen was struck by a vehicle driven by a local middle school principal.

On January 4th, 2010, high school sophomore Richard Smith, sustained personal injury after being struck by an SUV on his way to school. The unidentified fifteen year-old was crossing the street from Pennbridge High School at approximately 6:45 in the morning. The driver of the sport utility vehicle, Margaret Kantes, is also the principle at North Middle School.

Immediately, police and emergency medical services responded to the incident. After an initial examination, the injured Pennsylvania teen was taken by helecopter to Lehigh Valley Medical Center. Upon more extensive medical examination, it became apparent that the boy may have suffered catastrophic injury, or traumatic brain injury. Because of this, he was listed in critical condition.

Kantes called the police immediately following the tragic auto-pedestrian accident. She told law enforcement officials that the young man was wearing a dark hoodie at the time, and she did not see him. Although police are continuing to investigate the situation, no charges have been brought against Kantes at this time. However, police officers did impound the SUV as part of the investigation.

Being involved in an auto-pedestrian car accident can have life-changing consequences. As seen by this teenager, there is potential for traumatic brain injury to occur and/or death. A personal injury lawyer can help answer many of the questions that an injured individual would undoubtably have. The hard-working personal injury lawyers at the Law Offices of Bredell and Bredell will fight to get you the compensation you deserve for your injuries.

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Bicycle Accident – Man Sentenced to Six Years for Bicycle Fatality

Monday, January 4, 2010

Distracted driving can have grave consequences. Talking or texting on a cell phone is one of the most common ways that distract drivers on the road and cause accidents. Such is the case of a twenty-two year old man who was sentenced to six years in prison after he caused a bicycle accident killing a teenager.

Last month, Jeffrey Woods was convicted of gross vehicular manslaughter for his involvement in the 2007 bicycle accident that killed fourteen year-old Danny Oates. He was traveling down Indianapolis Avenue when he crossed into oncoming traffic and struck Oates. The young boy was struck with such great force, he flew approximately one hundred and fifty feet and died instantly upon impact. After Woods hit the young cyclist he careened into a palm tree and struck a wall in a backyard. Both of his legs were crushed and almost had to be amputated.

According to investigative reports, Woods was driving while impaired on prescription pain pills such as Xanax and Vicodin. Additionally, he was texting someone to obtain more prescription pain medications–further distracting himself from the road. Court documents show that Woods had a severe pain killer problem, and influenced friends to use as well by dealing it to them. This fact was taken very seriously when determining an appropriate sentence. Because he had no prior convictions, Woods was given a mid-range sentence of six years in prison.

Texting while driving and driving under the influence can cause devastating accidents. Bicycle accidents such as these are even more likely to occur in busy, metropolitan areas where several cars are present. Unfortunately, car accidents and bicycle accidents can result in severe injury and/or fatality. If you or a loved one have been injured in an accident, it is important to contact a hard-working and experienced personal injury attorney or personal injury lawyer. The Law Offices of Bredell and Bredell are here to guide you and your family through the legal process with the best legal advice available. Do not hesitate to contact us immediately.

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New Volvo Cars on the Lookout for Pedestrians

Thursday, December 17, 2009

In largely populated areas, auto-pedestrian accidents are too common. According to the National Highway Traffic Safety Administration, in 2008 alone, 4,378 people were killed, while approximately 69,000 were injured after being hit by an automobile. These alarming numbers have prompted car companies to explore ideas in an effort to decrease auto-pedestrian accidents.

Volvo is currently testing a pedestrian-crash-prevention system, expected to be introduced in 2011 on the redeveloped Volvo S60. This system is the latest technology available–it is a safety system that goes beyond simply warning distracted drivers of oncoming accidents, it actually takes control of the car. The Pedestrian Safety System identifies both pedestrians and bicycle riders that are in front of the vehicle by using a video camera. (Much like that in lane-departure systems).

The camera is placed on the top part of the windshield, in front of the rearview mirror. It has the ability to scan 160 feet ahead, complete with a 45 degree viewing angle. There is also a radar unit located behind the grille that has the ability to look ahead as far as 650 feet ahead, and a 60 degree viewing angle. Tests have shown that the safety system is effective when engaged after traveling 25 m.p.h. or less. Therefore, many blind spots that individuals experience while driving would be under surveillance by the safety system. Another advantage this system has over humans is the ability to compute complex algorithms to gage whether a person is likely to jump in front of the car, based on the individuals gait and position.

During testing, it was discovered that if the driver steps on the gas just as the system begins to brake the car, the automatic braking system will be released. Additionally, the system will also disengage should the wheel be swung from left to right. These features are intended to ensure that the driver can remain in control if actively trying to avoid an accident.

While the system could help prevent auto-pedestrian accidents, many raise concerns that leaving emergency situations in the hands of a computer could have devastating consequences. The automatic braking system only works when moving forward, not backing up. Therefore, it does not prevent auto-pedestrian accidents from that angle. Those driving through wooded areas still need to be cautious for deer and other animals. The system can only recognize bipeds, although animal recognition is currently being developed. Additionally, the automatic braking could prove problematic in snowy or icy conditions, and while traveling at high speeds. It is possible to create an even more dangerous situation than it intended to avoid. Lastly, when it is dark the system only has the ability to see as far ahead as the car’s headlights. This is very problematic as over 70 percent of pedestrian accident fatalities happen at night.

Clearly there are a multitude of unforeseen circumstances that could happen while driving that the system is unable to prevent. However, these questions are being considered as the Pedestrian Safety System is fine-tuned for public release. The Law Offices of Bredell and Bredell applaud the effort to battle the growing number of pedestrian accidents that occur each year. While these systems can be beneficial, it is no substitute for paying attention to the road at all times. Your close supervision behind the wheel can help prevent disasters from occurring. If you or a loved one have been injured in a pedestrian accident, please do not hesitate to contact us.

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Families of Bicyclists Receive Settlement

Saturday, November 14, 2009

Last week, Santa Clara County in San Francisco, California has agreed to pay $800,000 in damage to the father of a bicyclist who was killed by a police officer who fell asleep behind the wheel of his cop cruiser.

This bicycle accident occurred on March 9th, 2008 when Deputy James Council’s car crossed the center line of the road and struck three bicyclists. One of the riders, Christopher Knapp, was severely injured as a result of the bicycle accident. Unfortunately, the two other bikers, Kristy Gough and Matt Peterson were both killed in the incident. The parents of Peterson and Gough filed suit against the county in Supreme Court. For their loss, the Gough’s were awarded $1.2 million, while the Peterson’s were given $2.3 million. The suit filed by Knapp is still pending.

Council pleaded guilty to two counts of misdemeanor vehicular manslaughter because of the bicycle accident. In the end, he was sentenced to four months in jail, as well as over eight-hundred hours of community service. According to police officials, he most likely will serve his sentence in home detention, or by possibly participating in a Sheriff’s work-furlough program. Additionally, Council was demoted an unsworn position as a sheriff’s technician because his involvement in the deaths of Gough and Peterson.

The three victims in the bicycle accident were among about a dozen people who were riding with the Third Pillar, a San Mateo based bicycle group, as well as Team Roaring Mouse from San Francisco. Gough was a professional athlete who competed in triathlons. She began racing on the road in 2008, and had won each race she entered in 2008. Similarly, Peterson was also a seasoned athlete who competed in races often. Both individuals won their districts only eight days before their deaths.

Riding a bicycle is done for many reasons: transportation, exercise, or pleasure. But, whatever the reason, it is important that everyone one the road using the utmost safety when riding. Drivers, keep an eye out for bicyclists, and vice versa. Everyone has to share the road with each other, regardless of the mode of transportation used. Bicycle-auto accidents can be completely devastating, resulting in severe injury and/or death. If you or a loved one has been injured in a bicycle accident, please do not hesitate to contact us at The Law Offices of Bredell and Bredell for help.

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Drivers: Share The Road With Bicyclists

Friday, November 13, 2009

It is an inevitable fact of the poor economy: to save money more Americans are choosing bicycling as opposed to driving. Therefore,  in recent months there has been a great increase in the amount of bicycles that are on the road. Unfortunately, this can result in auto-bicycle accidents, and ultimately in injury and/ death. Drivers must work with the bicyclists to help ensure that everyone remains safe while on the road.

  • Drivers need to recognize that bicyclists also have a right to the road.   Giving them three or more feet when passing can help give them the space they need to remain safe.
  • Respect the speeds of the bicyclists. Many drivers underestimate the speed that cyclists are traveling, and turn in front of a biker. Many times, a bike can be traveling comparable speeds to that of a car, so even if you might not have the ample time to turn as you may think.
  • When in doubt, wait. It is important to be patient with bikers. If you are unable to allow three feet of space between you and the cyclist to pass, wait until you can, just as you would with any other automobile on the road.  Do  not pull into the lane of oncoming opposing traffic.  Additionally, do not honk or yell at the bicyclists, as it is possible to startle them and cause them to veer.
  • Be careful when opening your car door along busy roadways. Look for pedestrians or bicyclists before opening the door, as they may be hugging the side of the road behind you. It is possible to cause serious injury if you open the door into a rider’s path. Always keep a look out for cyclists, and make sure that you provide them enough time to cross streets and make turns.

Because more people are using the bicycle as their main mode of transportation due to the economy, it is important that drivers remember to do their share to keep the roadways safe. Clearly, automobiles are more powerful than bicycles, and for that reason alone, drivers need to be extra respectful in sharing the road. Bicycle-Automobile accidents do happen, and cause severe injury and or death. Should this happen to you or a loved one, The Law Offices of Bredell and Bredell are here to help. Please do not hesitate to contact us in the event of a bicycle-automobile accident.

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New York Policeman Kills Pedestrian While Intoxicated

Thursday, November 5, 2009

As American citizens, we trust our police officers to protect and uphold the law, to the benefit of the common good. This makes it even more shocking when an officer commits a crime resulting in a fatality. Over Halloween weekend, a Bronx policy officer has been arrested, on the charges that he killed a pedestrian while driving intoxicated.

Twenty-two year veteran Kevin C. Spellman was driving his government sedan when he struck sixty-seven year old Drana Nikac as she crossed the street. When police arrived on the scene of the pedestrian accident, Detective Spellman not only appeared intoxicated, but was unsteady on his feet and smelled of liquor. Although he twice denied a breath test, his blood was eventually drawn at the Jacobi Medical Center in the Bronx.

Investigators found two beer cans, one empty and one full in Detective Spellman’s car. The evidence against him, in spite of his long record with the department continued to mount, until his arraignment Friday night in Bronx Criminal Court. Because of the accident, Detective Spellman was charted with second-degree vehicular homicide, criminally negligent homicide and driving while intoxicated. Additionally, just before he hit Nikac he ran a red light.

Pedestrian accidents, especially when fatal, are devastating. However, that tragedy is made even worse when the person who caused the accident was an intoxicated police officer. Drunk driving is dangerous and can have fatal consequences. It is important to always designate a sober driver.  That way, pedestrian accidents and others like it can be avoided. The  Bredell and Bredell Arrive Alive Foundation  is dedicated to raising awareness and prevention of drunk driving accidents in the local community. And, we have the experience needed to help those injured in drunk driving accidents or pedestrian accidents.

Filed under: Bicycle and Pedestrian Accidents, Drunk Driving Accidents—Tags: , , , , — Comments (0)

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