Man and Woman Die in Separate, but Related Crashes on I-95 in Brevard

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

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.

Orange County Firefighter Killed in Motorcycle Crash

A head-on collision took the life of Orange County firefighter Michael E. Priester. Although the victim was wearing a helmet at the time of the collision with a pickup truck, he was killed instantly.

Michael E. Priester was only 53 years old when he died on the morning of February 21, 2009. He was on his way home on U.S. 17 North of Old Daytona Road in Volusia County when a pickup truck collided head-on with his motorcycle; he was wearing his helmet at the time of the crash.

His noteworthy career with Orange County Fire Rescue had spanned nearly 18 years, beginning on April 21, 1991. He’d been most recently assigned to the Special Operations Squad Unit at Fire Station 83. He will be sorely missed by his fellow firefighters and paramedics. He is survived by his wife. The cause of the crash was investigated by the Florida Highway Patrol, and it was determined that the pickup truck had swerved suddenly in to the stricken motorcyclist’s lane. Residing in Deland, Priester was very active in the local firefighter’s labor union and was revered by his colleagues for his lively sense of humor. He would loudly imitate “Curly” of the legendary 1930s Comedy Troupe “The Three Stooges,” while greeting loved ones or his many friends by having them pull his index finger straight out as if it were a living party favor. As a younger man, he would amuse friends by pursing his bushy eyebrows together into a “Groucho Marx” monobrow.

He would give small boys from the neighborhood rides on the “Big Red Engine” while being generous with his time. This fire truck with its hook n’ ladder was more than 60 feet long – a giant attraction to an awestruck boy.

He always loved motorcycles. A memorable “bike” was a GPZ that he handled with skillful aplomb. Another friend described Mike as “kind-hearted, always a smile on his lips, who loved his work. At Tallulah Park, he once performed CPR to save the life of an elderly woman, aged 97. He cherished other human beings, both old and young.

Tony Francis is an Orlando personal injury lawyer. His practice specializes in being an Orlando accident lawyer helping innocent victims get compensation for their losses. To learn more about Orlando injury lawyer, Orlando personal injury lawyer, Orlando accident lawyer, Orlando injury attorney, visit Francislawgroup.com.

Construction Workers Slammed by 18-Wheeler

Three injured on I-4 when tractor trailer collides with construction truck near Dover.

When construction worker Steven Cofield and Police Officer Maurice Hensley reported for work at the construction site on I-4 near McIntosh Road late Sunday night, they had no idea they would be dealing with auto insurance and worker’s compensation insurance claims about to kick in.

At about 1:55am on the morning of July 13, 2009, an “18-wheeler” tractor trailer truck driven by Jack Duran of Orlando slammed into the back of a construction truck driven by Steven Cofield of Bradenton, creating a chain reaction crash with a police cruiser driven by Maurice Hensley of Tampa and a second construction truck driven by William Pettet of Valrico. The driver of the tractor trailer, along with the driver of the construction truck, Steven Cofield, and also Officer Hensley, were treated for potentially serious injuries as a result of the crashes.

The four-vehicle pile-up closed the westbound lane of I-4 for nearly four hours while police detectives conducted an investigation and victims were rendered aid and transported to various hospitals, including Tampa General, Saint Joseph’s, and Brandon Regional. Mr. Pettet was the only operator of a vehicle not transported to an area hospital.

All of the vehicles involved in the pile-up were lighted properly. Both construction vehicles had flashing arrow signals, and the police cruiser had its police lights in full ‘on’ mode as a warning to oncoming traffic.

While the immediate assumption of the victims and their families is probably that they only have auto accident insurance, they should know that a huge portion of the claim will have to be dealt with through worker’s compensation law. Since the construction workers, police officer and tractor trailer driver were all “on the job” at the time of the accident, both auto insurance and worker’s compensation laws now become somewhat intertwined in the application to this case, and can get relatively complex.

When faced with complex insurance claim issues, such as they appear to be in this case, and dealing with multiple insurance companies, it’s always a good idea to seek the advice of a competent attorney specializing in both worker’s compensation and auto or car accident injury law. Worker’s compensation claims come in a variety of guises.

Tony Francis is an Orlando personal injury lawyer. His practice specializes in being an Orlando accident lawyer helping innocent victims get compensation for their losses. To learn more about Orlando injury lawyer, Orlando personal injury lawyer, Orlando accident lawyer, Orlando injury attorney, visit Francislawgroup.com.

Atypical Accidents in Brevard and Seminole Counties during May

A 1996 Ford pickup truck driver killed a 70-year-old bicyclist in Brevard County on the 8th while on the 30th another driver in Seminole County near Oviedo plowed into a power line – cutting off electricity to thousands of residents.

On the 30th of May, an unidentified man driving a white Cadillac surged his vehicle into a utility pole, disconnecting power from some 13,000 residents of Seminole County. The driver suddenly lost control and slammed into the pole on Mitchell Hammock Road. The pole was left standing, albeit a bit wobbly, but the impact severed several high-tension power lines causing them to short out. The vehicle was said by witnesses to fishtail from side to side, perhaps in the manner of a small dog caught in a great shark's jaws. Said witness Tara McCarren, "I assumed it was a car wreck because I heard the ambulances and the helicopters." The unidentified driver was airlifted to Orlando Regional Medical Center with undetermined injuries and remains in serious condition. He remains unidentified as of this writing. The collision left local residences and businesses without power until it was restored by Progress Energy about two hours later. "All of a sudden, we were left in the dark and had to make-do with candles and incense," adds McCarren, "at least our shop smelled nicer than usual." McCarren is the proprietor of a hair salon.

On Thursday morning June 4, a 1996 Ford pickup truck driver struck and killed a bicyclist in Cocoa Beach, Florida. The operator of the pickup truck was headed east on State Road 520 when he struck the elderly rider while he attempted to make a right turn onto Clearlake Road. The bicyclist who was killed was a 70-year-old male whose identity was not released prior to his family's notification. The driver of the vehicle has yet to be apprehended and may have been traveling at a high rate of speed. If he is apprehended, criminal charges may well be filed.

Pedestrian or bicyclists vs. vehicle accidents are especially common on the rural roads and highways prevalent in Central Florida. Often the right-of-way is not yielded until it is too late, or else excessive speed or alcohol consumption is involved. With the cessation of funding for many public safety programs due to harsh economic conditions, an increase in such mishaps is all but assured. More than 600,000 pickup trucks were registered to operate on Florida's highways as of January 1, 2009. Bicyclists on Florida's roads are also becoming increasingly ubiquitous, although most are well under the age of 70. The harsh economic conditions have made the bicycle a more significant mode of transportation that other vehicles need to be aware of, especially when traveling on rural highways.

Tony Francis is an Orlando personal injury lawyer. His practice specializes in being an Orlando accident lawyer helping innocent victims get compensation for their losses. To learn more about Orlando injury lawyer, Orlando personal injury lawyer, Orlando accident lawyer, Orlando injury attorney, visit Francislawgroup.com.

Osceola Accidents in June Prove Fatal to St. Cloud Man and Girl

A 51-year-old man and a 12-year-old girl, both from St. Cloud, were killed in separate automobile accidents during the first half of June.

According to the Orlando Sentinel, a St. Cloud man died in a one-car crash near the intersection of Nova Road and Oak Shore Drive in Osceola County late Tuesday June 2. Steven Fox, 51, was driving a sports utility vehicle when he lost control and flipped at 8:57 p.m. (according to his vehicle's digital clock), Fox was traveling at better than 100 miles per hour and passing cars along Nova Road just prior to the accident.

Fox lost control, traveled toward Center Canal bridge, hit a sign followed by a guardrail. As he approached the bridge, his vehicle became airborne and began to roll. "I've never seen anything quite like it," said a witness who refused to be identified. "It rolled and rolled like it was a big toy." Fox was not wearing a seat belt, was thrown from the SUV and into the canal. "He was probably already deceased when he hit the water," said a spokesperson for the Florida Highway Patrol. Fox was taken to a hospital in St. Cloud where he was pronounced dead. Alcohol may have been involved in the accident.

A second Osceola accident involved a 14-year-old girl as the driver and one of her passengers in the car, a 12-year-old girl, who was fatally injured. The fatality was named Shauna O'Rourke, and she was a passenger in the car with two teen girls, a toddler, and her 25-year-old brother, Daniel O'Rourke. The driver of the car, 14-year-old Allison Sullivan, braked suddenly while driving on rural Absher Road east of St. Cloud at about 10:45 p.m. while traveling at an excessive rate of speed. The sudden braking caused the car to skid, and spin 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 sustained serious injuries and was taken to Orlando Regional Medical Center. Sullivan and the other two passengers in the car sustained minor injuries. All of the people in the car were from St. Cloud. Daniel O'Rourke has never had a driver's license. He was caught driving without a license in 2004. He also has been arrested several times, and found guilty of a drug charge earlier in 2009.

Tony Francis is an Orlando personal injury lawyer. His practice specializes in being an Orlando accident lawyer helping innocent victims get compensation for their losses. 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

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."

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Why Children Shouldn't Drive

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.

Victor Leon Case Ties Illegal Immigration to Workers’ Comp Law

The case of a paralyzed worker is compromised by worker's immigration status and compounded by his use of illicit drugs.

Being an illegal immigrant and getting hurt on the job proved a miserable combination for Victor Leon. He also compounded his predicament by using illicit drugs, although these substances almost certainly played no role in his workplace injury.

Leon was working on a construction project for Altec Roofing in Palm City when he fell off the roof of a three-story building. As a result of the accident, he was permanently paralyzed.

Prior to his unfortunate accident, he'd informed Altec about his illegal immigration status. Altec had even helped him to obtain a fraudulent social security number. But while he was accepted as a worker by the company, being accepted as "an injured worker" eligible for workers’ compensation was another matter. Still, he should still be eligible. Using a fake social security number to secure employment doesn't mean that he has to forfeit workers’ compensation for an on-the-job accident. He would have had to make a false statement after being injured "for the purpose of securing workers’ compensation benefits" before the ultimate sanction of forfeiture may be imposed. So just because Leon is an illegal immigrant, he can't forfeit his right to workers' compensation benefits.

Unfortunately, Leon had another complication crop up. A post-accident drug test revealed the presence of cocaine and marijuana in his bloodstream. Section 440.9 (3) of Florida law states that workers' compensation benefits for an otherwise compensable mishap are not payable if the injury "was occasioned primarily … by the influence of any drugs … not prescribed by a physician." Section 440.9 (7) (b) creates a presumption that the injury was occasioned primarily by the drug when a post-accident test for drugs is positive.

Leon retained an expert who testified that the drugs in his bloodstream at the time of the accident did not actually impair him. But on bad advice, Leon decided to voluntarily dismiss a petition before the judge of compensation claims in favor of a little used estoppel argument. The outcome was a Florida circuit court granting Altec's motion for summary judgment. Leon may eventually obtain a remedy at a workers’ compensation forum, but this is highly unlikely.

Tony Francis is an Orlando personal injury lawyer. His practice specializes in being an Orlando accident lawyer helping innocent victims get compensation for their losses. To learn more about Orlando injury lawyer, Orlando personal injury lawyer, Orlando accident lawyer, Orlando injury attorney, visit Francislawgroup.com.

Construction Site Accidents Are Becoming Increasingly Common

Construction site accidents are becoming more common. But is workers’ comp law keeping pace?

Construction site accidents and related injuries are bound to receive additional scrutiny as Obama Stimulus disbursements jumpstarts additional 2009 construction projects under federal auspices. But lax safety procedures during the Bush Administration tenure also appear to have contributed to a substantial increase in such events since 2000. The increase in construction site accidents might have even begun to rise in the early 1990s.

Consider that in 2008, one in four workplace fatalities were construction workers. There were 1,225 fatal occupational injuries in 2001 involving a construction site; by 2008 that figure had risen to 2,889.

Examples of such tragedies are common.

· 55-year-old carpenter struck by a drunk driver while working on The Big Dig in Boston, multiple serious injuries resulting.
· 50-year-old union iron worker in Philadelphia fell down a darkened stairway when a temporary lighting system failed, multiple serious injuries resulting.
· 22-year-old self-employed roofer fell 25' off a sloped roof in Naples, Florida, permanent paralysis resulting.

Because only about 10% of construction companies employ more than 20 workers, most have no formal job safety regulations or programs in place.

In 1992, the "lost-workday" rate for workers in the construction industry was 5.7 per every 100 fulltime workers. In 2007, that rate had increased to 9.6 per 100 fulltime workers, an increase of nearly 40% making it the highest such rate of any major economic sector.

Yet jury verdicts in construction site accidents tend to produce modest settlements in favor of construction workers and other public sector workers compared to those accidents (less than $250,000) which involve non-workers (more than $500,000), even if the construction workers’ injuries were quite horrific. This discrepancy may partially be linked to a pro-corporate, pro-business trend in the weakening of workers’ compensation statutes which has been occurring in most "right-to-work" states since about 1990. In some cases, salaries of attorneys representing injured workers have been deliberately "capped" by state legislatures, possibly affecting the quality of legal counsel afforded to workers, especially those in the construction industry. A blatant example of such legislation is HB903, a measure passed on May 1, 2009, in Florida.

Tony Francis is an Orlando personal injury lawyer. His practice specializes in being an Orlando accident lawyer helping innocent victims get compensation for their losses. 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

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.

Francis Law Firm Takes Clear Stand on Controversial HB 903

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.

Improved School Bus Safety

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

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.

Traumatic Brain Injury Recovery Varies

People who suffered a traumatic brain injury, also referred to as a coup/contrecoup injury, have a long road to recovery ahead of them.

Many traumatic brain injury patients find they have a very long road to recovery from the damages their brain has sustained due to impact trauma. The trauma may be as the result of a fall (e.g. Natasha Richardson) or sustained in a car crash, etc. "There is one commonality among all traumatic brain injury patients; medical assessment is crucial when they present to a doctor, and time is of the essence to minimize the damages," said Tony Francis of The Francis Law Firm in Orlando, Florida.

While there is not a lot physicians are able to do after the injury has occurred, they are able to focus on minimizing brain damage by making sure the victim's brain receives sufficient oxygen. Lack of oxygen increases the chances of further damage. "Monitoring the blood pressure is another critical factor, along with ensuring intracranial pressure is under control, " outlined Francis.

There are a variety of ways to treat intracranial pressure, and each one of these areas may be ripe for a medical negligence lawsuit. They include raising the head (or straightening it), for better blood flow, drain cerebrospinal fluid from the ventricles and the use of paralytic drugs. Each course of treatment outlined is often fraught with uncertainties as to the outcome, which makes a doctor's duty of care to the patient a very high one.

"TBI patients are also usually subject to the onset of seizures, often treated with benzodiazepines. Unfortunately these potentially life saving drugs, if used incorrectly, depress breathing and lower blood pressure," explained Francis. The other area where medical errors tend to happen is during surgery to remove hematomas. A craniotomy, which removes a portion of the skull, is used in roughly one third of all patients diagnosed with severe TBI.

In all cases dealing with TBI's it is best to speak with a highly qualified TBI attorney, such as Tony Francis of The Francis Law Firm in Orlando, Florida, who will outline what needs to be done to present the case to the courts. Damages that may be awarded may include money for physical/occupational therapy, speech rehabilitation and psychiatric and psychological counseling. There are other damages that may be claimed as well, however for further information speak to an attorney.

Tony Francis is an Orlando personal injury lawyer. His practice specializes in being an Orlando accident lawyer helping innocent victims get compensation for their losses. To learn more about Orlando injury lawyer, Orlando personal injury lawyer, Orlando accident lawyer, Orlando injury attorney, visit Francislawgroup.com.

The Bigger They Are the Less They See You

It's not such a smart move to travel too close to big rigs while you are rocketing down the nation's highways. The bigger they are, the harder time they have seeing smaller vehicles right next to them.

America's highways are home to many kinds of vehicles, ranging from school buses to passenger vehicles, and from tow trucks to tractor-trailers – the big rigs that are sometimes called double wide because they are hauling two trailer units, not just one. That makes for a lot of truck to pass.

Sharing the road with monsters like a double wide is a bit of a balancing act, and drivers need to be alert and aware of where they are at all times in relation to the rig. Let's talk a bit about just how big some of these units happen to be. Would you believe that a loaded tractor-trailer is up to 8 ½ feet wide? To put this into perspective, that works out to be 102 inches, or 50% wider than your car.

Not only are these units wider, they may also be hauling up to 65 feet of trailer behind them on the road. On the other hand, logging trucks may range up to 70 feet long, which translates into four times the length of an average car. If you’re going to pull out and pass one of these trucks, you had better know what you are doing and have a clear road to do it.

Did you realize that the usual load for a truck with a "single" trailer may range up to 80,000 pounds? Some states allow truckers to haul on a multiple axle basis, which kicks up their load capacity anywhere from 120,000 pounds to 160,000. That is a lot of serious danger on tires and is what can be called a deadly weapon on wheels, even if the driver knows what they are doing.

Sharing the road with these rigs not only means they need to drive responsibly, but that you must also take extra steps to drive safely when around them; for instance, stay out of the truck's blind spots. Sure truck drivers have side mirrors as do car drivers, but both have blind spots. For trucks, there are blind spots on both sides of the vehicle and directly behind it. Be smart. If you can't see the truck's side mirrors, then you are in the blind spot – hurry up and pass or drop back.

There have been TV ads about the dangers of following huge rigs too closely, yet people still do it. The ideal distance from the back of a big rig is at least 25 car lengths. Give yourself room to get out of danger if something happens ahead of the truck.

If you opt to pass a big rig, then don't pull back in front of it the minute you have passed its nose end of the cab. Wait until you are able to see the headlights in your rearview mirror.

Tony Francis is an Orlando personal injury lawyer. His practice specializes in being an Orlando accident lawyer helping innocent victims get compensation for their losses. To learn more about Orlando injury lawyer, Orlando personal injury lawyer, Orlando accident lawyer, Orlando injury attorney, visit Francislawgroup.com.

Doing It Out of Court

Doing it out of court is sometimes the right answer to getting a case resolved, but that depends on the advice of your lawyer.

If you're in the middle of a personal injury case and the opposing counsel makes a settlement offer, should you consider taking it? That is the 64 million dollar question and there is usually more than one answer to it as well. While an offer is definitely worth considering, you and your personal injury lawyer will have to sit down and consider the overall ramifications of accepting a settlement.

Settlements can take place before or after a compensation claim was filed. If the offer for settlement is coming before you have filed a claim, then the smartest move you can make is to talk to your lawyer. Usually there is more to settlements than meet the eye, and even if you think it looks good, your lawyer may discover a problem or potential trap if you take the settlement at face value and run with it.

If the settlement offer comes after the claim has been filed, then you already have a lawyer who will discuss this latest case development with you before you make plans to proceed or settle out of court. Something you should understand is that either party in a personal injury case is able to make an offer of a settlement. In most circumstances, however, it's the guilty party, etc. who makes overtures of settlement. In some cases, a settlement is useful for both sides.

A good example is settling a personal injury case out of court. This will speed up the time frame for receiving financial damages and allow the injured party to get proper medical treatment a lot faster than waiting for a jury trial and eventual settlement. In other words, victims actually get the money when they need it. The bottom line is that settling early saves both sides a lot of money in court costs and attorney's fees.

You will tend to find that most insurance companies involved in litigation are inclined to offer settlements, again because it is faster and easier for them to deal with the personal injury claim in this expeditious manner. Check out any offers of settling with your experienced attorney who will advise you whether or not it is in your best interest to proceed with a formal lawsuit or take the settlement.

Tony Francis is an Orlando personal injury lawyer. His practice specializes in being an Orlando accident lawyer helping innocent victims get compensation for their losses. To learn more about Orlando injury lawyer, Orlando personal injury lawyer, Orlando accident lawyer, Orlando injury attorney, visit Francislawgroup.com.

TBI Becoming Higher Profile

It's frightening to know that every year in the U.S. there are roughly 1.5 million Americans who will suffer from the effects of a traumatic brain injury that ranges from mild to severe. This number is higher than the number of people who will suffer heart attacks.

Those who do not survive their initial traumatic brain injury (TBI) number over 51,000 and over 230,000 people land in the hospital with TBI and manage to survive. Most of them survive with some significant memory loss and a definite change in personality -- and a dramatically altered life style that changed in the blink of an eye.

Further statistics indicate that over one million people are actively treated in an ER setting for TBI and that roughly $56 billion is spent treating the results of TBI. This is no small potatoes in terms of being a serious and life-threatening event. Once such an injury has been sustained, the victims face dealing with long-term disability and over 90,000 Americans deal with this daily.

The frightening thing about TBI is that it is often misdiagnosed as a bump, bruise or contusion and no further investigations are conducted. This is an injury that does not tend to leave any visible signs; and thus, it goes its silent way, doing more and more damage as it is left untreated. People who have suffered a TBI look normal on the outside, but that can't be said to be true on the inside.

The issue of dealing with TBI has started to be a major concern these days, thanks to the numbers of Iraq war vets returning home with this type of injury. It's on the increase thanks to soldiers bodies being adequately protected from bomb blasts, but the protection they were wearing did nothing to shield their brains from massive concussive explosions.

The national spotlight is hotly focused on this issue now more than ever thanks to the story of ABC News Anchor Bob Woodruff who suffered a brain injury last year as the result of a roadside explosion in Iraq. While cases like this serve as a flash point of knowledge for others who may not know about TBI and its effects, most of the cases aren't happening in the war zone in Iraq. They're happening in traffic accidents. Over 40% of TBIs happen in car crashes.

With all the protective equipment in cars you’d think people would be safer, and not at a higher risk for such serious injuries. Sadly, it is the result of all this extra "protective" technology – air bags, helmets, and seat belts – that has seen an increase in TBIs over the last ten years. Why is this the case? All this stuff that protects us from dying isn't protecting us from injuring our brains.

If you've been in an accident and suffered a TBI, immediately contact a competent TBI attorney who will be able to guide you through the process of obtaining a just settlement from the courts.

Tony Francis is an Orlando personal injury lawyer. His practice specializes in being an Orlando accident lawyer helping innocent victims get compensation for their losses. To learn more about Orlando injury lawyer, Orlando personal injury lawyer, Orlando accident lawyer, Orlando injury attorney, visit Francislawgroup.com.

Drinking and Driving Don't Mix

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 Orlando injury lawyer, 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 about Orlando injury lawyer, Orlando personal injury lawyer, Orlando accident lawyer, Orlando injury attorney, visit Francislawgroup.com.

Breathalyzer Use Still a Point of Contention

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 Orlando person injury lawyer, Tony C. 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 about Orlando injury lawyer, Orlando personal injury lawyer, Orlando accident lawyer, Orlando injury attorney, visit Francislawgroup.com.