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.