Francis Law Group

Monday, July 27, 2009

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.

Monday, June 22, 2009

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.

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.

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."

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

Why Children Shouldn't Drive

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.

Thursday, May 21, 2009

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.