Orlando 18-Wheeler Driver Involved in Fatal Florida Bus Accident

Posted on April 19, 2009 by Truck Accident Lawyer

An Orlando trucker, who was at the wheel of an 18-wheeler that rear-ended a school bus in a fatal accident in Florida last September, was arrested last week. Reinaldo Gonzalez has been charged with vehicular homicide for the accident that killed a 13-year-old school girl.

Last year on September 23rd, a North Marion Middle School bus from Marion County was stopped on U.S. 301 to drop some children off. Gonzalez's 18-wheeler rear-ended the bus, dragging it 200 feet before both vehicles burst into flames. 21 students were trapped inside the bus; all made it out of the engulfed bus safely except for Francis Schee. She was sitting at the back of the bus and was killed instantly.

Truck Accident LawyerGonzalez, who was on his way from Jacksonville to Groveland, later admitted to investigators that he was on his cell phone just before the accident. However, he failed to specify when he hung up the phone or if he hung it up at all. Investigators believe he may have been on the phone at the time of the accident. In addition, he had been traveling for many hours just before the crash.

Either Gonzalez was tailgating, which is why he failed to stop in time to avoid the accident, or he was distracted by his cell phone and was not able to respond in time to avoid a crash. In either case, he was driving recklessly and indulging in foolish driving behavior that increased his risk of an accident. Truck accident lawyers frequently see the devastating consequences of such behavior.

Truck Accident Safety

18-wheeler drivers must keep sufficient distance between their truck and the truck in front of them. An 18-wheeler takes a much longer time to come to a complete stop than an ordinary passenger vehicle. If Gonzalez was using a cell phone at the time of the crash, he was exposing himself and others to serious risk. The danger posed by an 18-wheeler driver who uses his cell phone behind the wheel was the force behind Heathers Law, a bill that will ban cell phone use by motorists in Florida. It is named for Heather Hurd who was killed in a truck accident in which the driver was text messaging rather than focusing on the road. Currently, Florida has no law banning any kind of cell phone use.    

If you have been injured in a truck accident or a loved one has been killed, experienced truck accident attorneys can help you recover physically, mentally, and financially. Contact a truck accident lawyer at Arnold & Itkin LLP for a free evaluation of your case.

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Florida Cell Phone Law Set to Pass After Fatal 18-Wheeler Accident

Posted on January 28, 2009 by Truck Accident Lawyer

Proposed legislation in Florida, in memory of the victim of an 18-wheeler accident involving a driver who was text messaging, got a boost last week when a safety group called for a complete ban on cell phone use by drivers.

Last week, National Safety Council President Janet Froetscher compared talking on a cell phone while driving to driving under the influence of alcohol, saying the two are equally hazardous.  Cell phone use – including talking, text messaging or sending emails – has been a silent, but deadly killer, contributing to an increasing number of accidents every year. Studies have shown that the distraction caused by cell phone use behind the wheel impairs a person's driving ability to the same extent that driving while intoxicated does. In recent years, across the country, there have been several high profile auto and truck accidents linked to the motorists' use of cell phones while driving. Most of these accidents resulted in severe injuries and fatalities. Yet, only 6 states have passed legislation placing serious restrictions on the use of cell phones behind the wheel. Currently, California, New Jersey, Washington, Connecticut, New York and Utah ban the use of hand held cell phone devices while driving. However, no state enforces a complete ban on all cell phone use behind the wheel.

The call by Froetscher has not gone unnoticed by lawmakers and truck accident lawyers, who are also calling for greater restrictions on cell phone use by drivers. The proposed law is called “Heather’s Law” and is named after Heather Hurd who died in an 18-wheeler accident in 2008, when a big rig driver crashed his vehicle into 10 cars that were stopped at a traffic signal. The impact killed Heather instantly. Investigations later showed that the driver of the 18-wheeler was text messaging at the time of the accident. Since then, Hurd's parents have been campaigning to ban cell phone use by motorists, and to get the bill (Senate Bill 172) passed. The bill would impose restrictions on using cell phones for talking or text messaging, with some exceptions for hands free devices and emergencies.  Florida has no existing rules related to cell phone use by motorists, so it may be over optimistic to expect a complete ban on all cell phone use behind the wheel.

Cell phone use by any motorist is dangerous, but when the driver of an 18-wheeler is distracted by text messaging, the potential for serious accidents is great. Most auto safety rules were formulated before cell phones became such an integral part of American life. Now that they are here to stay, it's important to revise existing laws in order to eliminate one of the biggest sources of distraction for all motorists.

Driver Negligence

Using a cell phone while driving is only one way 18-wheeler drivers can be negligent, contributing to serious accidents.  Pursuing claims in a big rig accident where the truck driver was distracted by cell phone use can be difficult. It is left, then, to investigation officers and truck accident lawyers to examine drivers' safety records and other information to prove truck driver negligence.

If you have been injured in an 18-wheeler accident, contact an 18-wheeler accident lawyer at Arnold and Itkin LLP for a free consultation.

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