GOLDLAW – West Palm Beach Personal Injury Lawyers, Car Accident, Slip & Fall – Law Offices of Craig Goldenfarb

Category: Auto Accidents

what to do if you are involved in a major auto accident

  • John Lombardi Family May Have Case For Wrongful Death Claim

    John Lombardi Family May Have Case For Wrongful Death Claim

    By all accounts, N. John Lombardi was the kind of guy who would give you the shirt off his back and help anyone in need.

    After a successful career in the restaurant and casino management industry, the New Jersey native became a licensed counselor who devoted his time in recent years to working with patients at substance-abuse treatment centers throughout Palm Beach County. Most recently, he had been the Executive Director at Developmental Client Care in West Palm Beach since 2017.

    John Lombardi Family May Have Case for Wrongful Death Claim

    Although families of Florida car accident victims cannot get their loved ones back, Florida state laws allows them to bring a claim against all responsible parties. The Florida Wrongful Death Act in Florida statutes section 768.16 allows families of accident victims to file civil charges against those responsible.

    To prove liability, the following must be proven: the death was caused by that person’s wrongful act, negligence, or breach of contract. So, a wrongful death suit can only be brought if he deceased could have filed a lawsuit for the injuries he/she sustained, had he/she survived.

    Killed By a Driver Fleeing Law Enforcement

    On his way home from the grocery store the morning of September 4, 2022, John Lombardi was killed in a two-vehicle crash near Delray Beach. According to Florida Highway Patrol investigators, Theo James of Wildwood, Florida was attempting to flee from a traffic stop when he exited the Florida Turnpike and ran a traffic light at Atlantic Avenue and East Tranquility Lake Drive, striking Lombardi’s Mini-Cooper vehicle and killing him.

    Family Hoping that James Receives “Maximum Penalty”

    In a letter to Palm Beach County State Attorney Dave Aronberg, Barbara Lombardi, the sister of the victim, encouraged the State Attorney’s Office to seek the strongest penalty against James because of her brother’s “senseless” death. “I hope that Theo James gets the maximum amount of time that the court and the law will allow.”

    Driver Faces a Variety of Charges; Up to 30 Years in Prison

    James, 34, was charged with a variety of serious crimes including vehicular homicide, fleeing or eluding police resulting in serious injury or death, and driving with a suspended license causing serious injury or death. He pleaded not guilty to all charges, and remains in custody at the Palm Beach County Jail, where he has been held on $125,000 bail since his arrest the day of the crash.

    Under Florida law, vehicular homicide is a second-degree felony punishable by up to 15 years in prison. However, since he did not stop to render aid to the victim as required by law, the crime can be enhanced to a first-degree felony calling for up to 30 years imprisonment.

    What Damages Can Be Recovered, and Who Can Recover Them?

    The victim’s family may recover for loss of income, medical expenses, and mental pain and suffering. A surviving spouse can also recover for loss of companionship and protection. Children can receive damages for lost parental companionship, instruction, and guidance. If successful, any amount recovered through a Florida wrongful death case goes directly to the deceased’s next of kin.

    Victim Described as “Very loving, caring, good-hearted person”

    N. John Lombardi moved to Florida more than twenty years ago in search of a better life. He worked as the Director of Operations for the Hard Rock Casino for almost a decade before deciding to focus on a career as a trauma therapist specializing in substance abuse counseling. Lombardi attended Seton Hall University where he earned a degree in clinical psychology.

    “He dedicated the last 10 – 12 years of his life to helping others,” said his sister, Barbara. “That’s all he wanted to do, to help people. He saved a lot of lives.” Lombardi is survived by two children and a grandchild.

    Why File A Claim?

    A wrongful death lawsuit can help a family deal with financial burdens as they navigate the grieving process. But, because they are extremely complex, families considering a claim should speak with an attorney who has experience negotiating and litigating wrongful death cases as soon as possible. Have questions about a possible case? The attorneys and legal staff at GOLDLAW are experienced and have a successful record bringing wrongful death lawsuits on behalf of our clients. To receive a free consultation, call 561-222-2222 to discuss your situation!

    Notice: As a personal injury law firm, we frequently provide legal analysis and opinion on news stories in the hope that the family and friends of the victims may gain some valuable insight into our theories of negligence based on the facts of the case. Respectfully, our thoughts are with those who have suffered a catastrophic injury or death.

  • Deputy Michael Hartwick Killed In Hit-And-Run Accident

    Deputy Michael Hartwick Killed In Hit-And-Run Accident

    Pinellas County Sheriff’s Deputy Michael Hartwick was struck and killed by a construction vehicle on Sept. 22 in a hit-and-run crash along I-275 in St. Petersburg.

    Hartwick, a 19-year veteran of the agency, was working a security shift at a construction site near the Howard Frankland Bridge, when he was struck by a front-end loader operated by a worker.

    According to Pinellas County Sheriff Bob Gualtieri, after the crash, the worker drove to a parking area. After parking the front-end loader, he handed his helmet and safety vest to another worker, said he had “killed a deputy,” and subsequently left the scene. A search ensued, and the worker was taken into custody at 8:40am Friday morning.

    “Struck By” Crashes are a Leading Cause of Law Enforcement Officer Deaths

    Besides homicides, motor vehicle-related incidents kill more law enforcement personnel than any other type of incident. From 2011-2020, 286 officer line-of-duty deaths came as the result of vehicle crashes (21% of total fatalities). 114 of these deaths were the result of being struck by a vehicle (8% of total).

     Wrongful Death Claim Possible

    Because the hit-and-run driver has been identified, the family of Deputy Michael Hartwick may have the right to pursue a wrongful death claim pending an investigation.

    Families of victims killed in hit-and-run accidents often seek a personal injury/wrongful death claim to cover the costs of funeral expenses, pain and suffering, and emotional trauma. If you need help with such a claim, our experienced attorneys can speak with you about your options.

    Notice: As a personal injury law firm, we frequently provide analysis and opinion on news stories in the hope that the family and friends of the victims may gain some valuable insight into our theories of negligence surrounding the available facts. Respectfully, our hearts and thoughts are with those who have suffered a catastrophic injury or death.

     If you would like a free, confidential consultation about an incident, please check our website, or contact us today at 561-222-2222.

     

  • Wellington Resident Tavian O’Brien Dies After Porsche Turns In Front of Motorcycle

    A Wellington resident died on Tuesday, January 4, after his motorcycle collided with a left-turning Porsche outside the Walmart Supercenter in Royal Palm Beach, according to a recent article by the Palm Beach Post.

    The Palm Beach County Sheriff’s Office (PBSO) told the Post that the crash happened on Tuesday morning around 8 AM. Tavian O’Brien, 24, was riding a Suzuki GSX-R750 motorcycle east on Belvedere Road when he changed lanes near State Road 7 and accelerated to pass another vehicle. That was when the motorcycle collided with the passenger side of a 2015 Porsche that had been westbound on Belvedere and was turning south into the Walmart parking lot, according to PBSO. Sadly, O’Brien was pronounced dead at the scene.

    The Porsche’s driver did not report any injuries, and the sheriff’s report did not indicate whether driver was facing any charges in the crash.

    Motorcycle accidents involving passenger vehicles are a common occurrence. One report from the National Highway Traffic Safety Administration found that in nearly half of crashes between motorcycles and cars, the car was attempting a left turn. Right turns can also bring cars into the path of a motorcycle before the bike can stop.

    There are many factors that may contribute to a driver turning in front of a motorcycle. Speeding, ignoring traffic signs, distracted driving such as texting or eating, low visibility, and other issues can all be reasons why a driver violates the motorcycle’s right of way. However, another prevalent reason drivers give for turning in front of a motorcycle is that they simply didn’t see it. Because motorcycles are small and more difficult to see, motorists are encouraged to “look twice and save a life.” It’s also important to remember that drivers making turns should always yield to other traffic.

    Notice: As a personal injury law firm, we frequently provide legal analysis and opinion on news stories in the hope that the family and friends of the victims may gain some valuable insight into our theories of negligence surrounding the available facts. Respectfully, our hearts and thoughts are with those who have suffered a catastrophic injury or death.

    If you would like a free, confidential consultation about an incident, please contact us today at 561-291-6249.

  • Belle Glade Resident Richard Allen Dead After Tragic Crash With Tractor-Trailer

    Belle Glade Resident Richard Allen Dead After Tragic Crash With Tractor-Trailer

    A tragic accident claimed the life of a Belle Glade man on Thursday, January 21.

    Authorities say the crash happened just before 6 AM, at the intersection of State Road 80 and Hatton Highway. A Freightliner truck driving northbound on Hatton just before 6 a.m. began to cross State Road 80 on a flashing red light, according to the Palm Beach Sheriff’s Office (PBSO). This brought the Freightliner into the path of 56-year-old Richard Allen’s 2017 Chevrolet Impala. When the vehicles collided, the Impala got stuck under the trailer of the much larger truck. Meanwhile a Toyota Tacoma couldn’t stop in time to avoid the wreck and crashed into the rear of the Impala.

    Sadly, Allen was pronounced dead at the scene.

    The Freightliner and Toyota drivers were uninjured.

    Tractor trailer crashes on State Road 80

    Sadly this is not an uncommon situation. Crashes with tractor-trailers can be very deadly for people in passenger vehicles, due to their relatively large size and weight. Often a tractor-trailer driver will not be hurt in such a crash, but a person riding in a passenger car will be severely injured or killed.

    In 2015, 3,852 people in Florida were killed in crashes with commercial vehicles, and 69% were riding in passenger cars (another 15% were pedestrians or bike riders). It is also unfortunately very common for a car to get trapped under a trailer, as happened in this wreck. This can make it difficult for emergency personnel to reach people trapped in the car.

    Florida is a busy state with many large trucks on the road. In 2016, there were 44,307 commercial vehicles involved in accidents in the state.

  • Wrong Way Crash Leaves One Man Dead, Another Critically Injured in Palm Beach County

    A deadly head-on collision happened on Thursday, January 14, after a driver going the wrong way struck another vehicle.

    According to the Palm Beach Sheriff’s Office, the crash happened around 4 AM. James Etchberger, 29, was heading northbound in the southbound lanes of Military Trail in a 2017 Nissan Rogue. Americo Nunez Taveras, 64, was driving south in the southbound lanes in a 2017 Toyota Camry, just south of Hypoluxo Road.

    The two vehicles hit head-on, leading to critical injuries for both drivers. They were taken to a local hospital, where Nunez Taveras was later pronounced dead. Etchberger remains in critical condition.

    Authorities are still investigating the accident. According to Florida Highway Safety and Motor Vehicles, wrong way accidents often happen due to a failure to observe posted signs or highway markings.

    Most of these crashes are head-on collisions, making up 81% of wrong-way crash fatalities. They may be more likely to happen at night or transitional times like dusk and dawn, when visibility is limited.

    Our law firm has been handling head-on wrong way motor vehicle crashes for nearly twenty years. We represent the injured victims, or in cases like these when there is a fatality, the surviving family, to make a claim against the involved insurance companies and do our best to recover as much compensation that’s allowed and possible under the law.

    Motorists are encouraged to “Stay Right at Night,” or stay in the right lane as much as possible when driving at night, to reduce the risk of head-on collisions.

  • Lake Worth Beach Woman Dies After Tractor Trailer Strikes Her Car on the Turnpike

    On Sunday, December 13, a tragic accident on Florida’s Turnpike left one Lake Worth Beach resident dead.

    Florida Highway Patrol (FHP) officials say the accident happened around 5:15 AM, just south of the Boynton Beach Boulevard exit, in the southbound lanes at mile marker 86. The woman’s sedan had stopped in the outside lane. A tractor-trailer struck and partially ran over it, according to FHP. Both vehicles were pushed into the guard rail. Unfortunately, when first responders arrived, the 60-year-old woman driving the sedan was pronounced dead.

    The truck’s driver had minor injuries.

    Unfortunately, commercial truck accidents are a frequent problem here. Florida is one of nine states in the US that produce roughly half of all fatal truck crashes. Nationally, commercial motor vehicles (mostly large trucks) make up about 12 percent of all traffic fatalities. As with the Boynton Beach case, the fatalities are most often the occupants of passenger vehicles involved in accidents with a truck.

    Because of their large size and weight, tractor trailers can easily do much more damage to a small passenger vehicle like a car than vice versa, thus increasing the risk of injury and death for those in the smaller vehicle.

    The causes of large truck accidents are varied. Speed and distracted driving are often factors. Accidents involving a stopped vehicle frequently happen because the moving car was going too fast and the driver was unable to stop in time. It’s important to always maintain a safe following distance, whether you drive a tractor trailer or a small passenger vehicle.

    If you’ve ever had your car stall out unexpectedly, you know that a sudden mechanical failure can lead to unexpectedly stopping in the middle of the road. Maintaining a safe speed and following distance will help reduce the risk of accidents if this happens to another driver on the road.

     

  • Anthony Creech, Killed on Okeechobee Blvd, a Major Thoroughfare for Pedestrian Accidents

    A pedestrian died on Thursday, December 3, after being hit by a landscaping truck’s trailer along Okeechobee Boulevard.

    Police say the accident occurred west of the intersection of Okeechobee and Spencer Drive, just east of Palm Beach Lakes Boulevard. Anthony Creech, 48, of West Palm Beach, was crossing Okeechobee from north to south, around 6 PM. He had crossed two lanes when the trailer of a landscaping truck hit him and knocked him down. The truck was driven by Robbins Morales Vasquez, 31, also of West Palm Beach. Sadly, Creech was later pronounced dead of his injuries.

    Okeechobee Blvd – A Major Thoroughfare Fraught with Pedestrian Accidents

    Intersections on Okeechobee Blvd, including this one at the crossing of Palm Beach Lakes, routinely appear on the Florida Highway Safety & Motor Vehicles’ list of most dangerous crossings throughout the state, which is published periodically. That report tallies the number of crashes at an intersection relative to the traffic that passes through.

    68 of 467 pedestrian accidents recorded by FDOT since 2015 in Palm Beach County occurred on Okeechobee Blvd, representing about 15% of the overall count, far more than other state road in the county. Second to Okeechobee was Palm Beach Lakes Blvd with 22 (5%), accounting for only a third of the number of pedestrian accidents that occurred on Okeechobee.*

    Sadly, Florida also has the highest rate of pedestrian deaths in auto accidents in the country, with an average of 2.73 deaths per 100,000 people or a Pedestrian Death Index (PDI) or 182.0. The national average is 1.55 deaths per 100,000, or a PDI of 55.3. When it comes to passenger vehicles, pickup trucks and SUVs are more likely to lead to pedestrian death in the event of a vehicle/pedestrian crash.

    Heat map of pedestrian accidents on Okeechobee Blvd.
    A heat map from FDOT data shows Okeechobee Blvd. and Palm Beach Lakes and Okeechobee and Military as hot spots for pedestrian accidents.

    Accidents Involving Landscaping Company Vehicles

    Unfortunately, accidents involving commercial vehicles are not uncommon either. For the year 2017, Florida Highway Safety and Motor Vehicles reports there were around 32,000 accidents involving large trucks, resulting in 27 deaths and 1,053 injuries. There are many reasons these crashes can happen.

    However, when a vehicle is hauling a trailer, there is a potential for danger if the trailer isn’t secured properly.

    Police are still investigating the crash that led to Creech’s death.

    *Data compiled by FDOT, analyzed by Law Offices of Craig Goldenfarb. See map of pedestrian accidents in Palm Beach County.

     

  • Multi-Car Turnpike Crash Leaves One Dead and One Injured After Vehicle Fails to Stop

    A driver failing to stop their vehicle for other stopped traffic on the Florida turnpike led to one woman’s death on Saturday, November 28, 2020.

    Authorities say traffic was actually stopped around mile marker 173 due to an unrelated accident further down the turnpike, just outside Vero Beach. A vehicle coming up on this stopped traffic kept going and crashed into a pickup truck. A 63-year-old woman from Greenacres, a passenger in the pickup, was pronounced dead at the scene.

    The pickup’s driver, a 75-year-old man, also from Greenacres, was seriously injured and was taken to a local hospital for treatment. Meanwhile, the collision sent the pickup truck into a third vehicle, leading to six different vehicles ultimately sustaining damage from the wreck.

    Multi-car pileup on Turnpike: What happened?

    Authorities are still investigating the crash, but there are many reasons this type of accident happens. Distracted driving is not only a common cause of failure to stop accidents, but also one of the most common causes of car wrecks in Florida.

    “Distracted driving” doesn’t just describe drivers who are temporarily distracted by their phone or text messaging – drivers can be distracted by any number of stimuli that takes their attention off the road. That might include passengers, eating and drinking, or anything else, may not notice a situation where they need to stop until it’s too late.

    Speeding is common cause of failure to stop crashes, as it can be hard to stop in time if the vehicle is going too fast. Impaired driving may also play a role in failure to stop accidents.

    A state investigative report is triggered anytime there is a fatality as the result of a car crash, and the coming report from this crash will likely be extensive considering the many vehicles involved. The surviving family will want to obtain a copy of that report, which they are entitled to; but reading and understanding the report and it’s many nuances, as well as investigating what available insurance coverage may be available for compensation is work best left to a competent wrongful death law firm.

     

  • An ATV and SUV Crash Along North Seacrest Leads to Death of Boynton Beach Resident Resley Estime

    A crash between an SUV and an ATV left one Boynton Beach man dead on Thursday, November 26. Authorities say the accident happened just before 4:30 PM.

    Resley Estime, 21, was driving south on North Seacrest approaching Northwest 10th in his Yamaha Raptor 700 ATV. Jean Alfred, 63, of Boynton Beach, was northbound on North Seacrest in a Toyota Rav4. He turned west onto Northwest 10th and the vehicles came into contact. Estime was rushed to a local hospital, where he unfortunately later died.

    Police said Alfred sustained no injuries.

    A 2014 report found that Florida accounts for roughly 29% of all ATV related fatalities in the country. Like motorcycles, ATVs are smaller than typical passenger vehicles and may be more difficult to see. Riders are also more likely to be injured than someone in a larger, sturdier passenger car. Drivers should always “look twice and save a life” before turning, to ensure they haven’t missed a smaller vehicle.

     

     

  • One Adult and One Infant are Dead After a Dump Truck Driver Collides with Multiple Vehicles

    One Adult and One Infant are Dead After a Dump Truck Driver Collides with Multiple Vehicles

    On Monday, August 6, a multi-vehicle crash caused by a dump truck led to the tragic death of a 2-month-old baby, and a 46-year-old man.

    Florida Highway Patrol reports that a dump truck driven by 74-year-old Daniel Ragan of Spring Hill collided with two other vehicles around 2:30 in the afternoon. The dump truck then overturned onto a van driven by 46-year-old David Garcia, of Inverness. Sadly, Garcia died at the scene.

    Two-month-old Asher Gaspard was a passenger in another of the eight vehicles struck by the dump truck. Gaspard was rushed to a local hospital, but ultimately died of injuries suffered in the crash.

    Charges are pending in the crash, although officials say alcohol was not a factor.