Posted On: July 31, 2010

Defective roads lead to car accidents in West Palm, Boca Raton

Guardrails on Florida's turnpike are saving lives and reducing the number of Palm Beach car accidents, the Sun-Sentinel reported.

The truth is Florida has an abysmal traffic safety record. As we reported on our South Florida Injury Lawyers Blog, the state is touting new statistics from the Florida Department of Highway Safety and Motor Vehicles that show a steep decline in fatal accidents. The overall number of traffic fatalities declined 14 percent, from 2,983 in 2008 to 2,563 last year.

But, when statistics are released by the federal government, we expect Florida to join California and Texas as states with the highest numbers of car accidents, bicycle accidents, pedestrian accidents, motorcycle accident, drunk driving accidents, trucking accidents and boating accidents.

The reasons are many, but include the government's failure to pass a distracted driving law and the dangerous condition of many Florida roads. The $65 million five-year project by the Florida Turnpike Enterprise is a perfect example. New barriers along 166 miles of median have immediately reduced traffic fatalities.

Terrific. Should have been done years ago. And those who are injured or killed because of accidents involving defective roads in Palm Beach deserve to be compensated for their injuries.

Here you have a road built by taxpayers -- a toll road, no less -- that has been the scene of 142 fatal accidents that have claimed 187 lives in the two years before the guardrails were installed. In the two years since the guardrails, the number of fatal accidents has fallen to 73, claiming 82 lives.

More than 100 people could have been saved by installing these guardrails sooner.Now that they have been installed, authorities are reporting a drastic reduction in cross-over crashes.

The guardrails were pushed for by Rep. Irv Slosberg, whose daughter died in a Boca Raton car accident in 1996.

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Posted On: July 31, 2010

Fort Lauderdale injury attorneys note federal distracted driving summit will put Florida officials in the hot seat

The U.S. Department of Transportation has announced it will hold a second distracted driving summit on Sept. 21, as it continues to highlight the problem and looks for ways to combat it, the Washington Post reported.

The news is significant for a number of reasons, not the least of which is Florida's utter failure to act. As our Fort Lauderdale injury lawyers reported earlier this month, the blame for the lack of a distracted driving law in Florida rests squarely on Tallahassee politicians. Not only is Florida one of just a few states that has not outlawed texting while driving, but our lawmakers have actually passed a law forbidding local governments from doing their work for them.
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The result is a state full of visitors, vacationers, senior drivers and drivers talking on their cell phones and text messaging. When the federal accident statistics are released in the coming weeks, it will be no coincidence that Florida is among the states with the highest number of fatal accidents in the nation.

We suspect the government is very close to linking the passage of text-messaging bans to federal highway funding -- it is the same tactic it has used to bring states into nationwide compliance with drunk driving and seat belt enforcement. While the safety of voters has not prompted the state legislature to act, we think the likelihood of losing millions of highway safety dollars will make passing a distracted driving law a priority.

Especially since there appears to be very little money lining up on the other side of the argument. The New York Times reports that a Washington law firm has withdrawn plans to create a lobbying group of cell phone and automakers to fight distracted driving laws. The plan was hammered earlier this week in public remarks by Transportation Secretary Ray LaHood. While cell phone makers have been a little slow to rise to the issue, they have at least quit marketing their products as "car phones."

The Washington summit will gather researchers, law enforcement officers, transportation officials, safety advocates, industry representatives and victims of distracted driving crashes. Nationwide, an estimated 6,000 people are killed and more than 500,000 are injured each year in accidents caused by distracted driving, according to the National Highway Traffic Safety Administration.

“Working together, we can put an end to the thousands of needless deaths and injuries caused by distracted driving each year,” said Secretary LaHood. “By getting the best minds together, I believe we can figure out how to get people to put down their phones and pay attention to the road.”

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Posted On: July 30, 2010

Drowsy driving a cause of car accidents throughout South Florida, including West Palm and Fort Lauderdale

Drowsy driving is the cause of a significant number of Palm Beach car accidents and traffic accidents throughout South Florida. In fact, the National Highway Traffic Safety Administration estimated at least 100,000 traffic accidents are the direct result of fatigued driving each year.

The government estimates these crashes lead to more than 1,550 traffic deaths and 71,000 injuries each year, though any accurate estimate is difficult for a number of reasons, including lack of reporting requirements. In countries with better reporting, including England and Australia, drowsy driving is responsible for as many as 30 percent of all crashes.

Our Palm Beach injury lawyers encourage drivers to remain aware of the dangers of driving while tired and urge you to follow the necessary safety precautions while behind the wheel.

The National Sleep Foundation provides the following information for motorists:

Scope: Sixty percent of drivers, or about 168 million people, admit to driving while drowsy within the last year. One-third acknowledge having fallen asleep while behind the wheel.

At Risk: The most at-risk drivers are those ages 18 to 29. Men are more likely to drive while drowsy than women and are almost twice as likely to fall asleep at the wheel. Shift workers are also at high risk, as well as those who sleep less than 6-7 hours a night. Impaired drivers and drivers with sleeping disorders are also at increased risk of falling asleep behind the wheel.

Other Drowsy Driving Facts:

-Drivers who are drowsy are more likely to experienced stress, get impatient or drive faster.

-Only about 1 in 5 drivers admitted to pulling over when experiencing sleepiness while behind the wheel.

-Drivers tend to fall asleep more on high-speed, long, boring, rural highways.

-Most accidents or near-accidents occur between 4 and 6 a.m. Midnight to 4 a.m. are also peak times.

-One-quarter of adults say they know someone who has crashed while falling asleep at the wheel.

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Posted On: July 28, 2010

Florida nursing home abuse and neglect cases are a tragically common occurrence

State officials are planning to force the closure of an Arlington, Florida nursing home after alleging a number of serious violations, including a finding that the facility allowed residents to harm each other, the Florida Times-Union reported.

It is the latest disturbing news from Florida's troubled nursing home system. Our Fort Lauderdale nursing home neglect lawyers and Palm Beach elder abuse attorneys were disheartened by the passing of a recent measure that will permit nursing assistants to provide less care to patients.
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The minimum-care hours were put in place as part of an agreement that limited a patient's ability to collect damages in some cases. The industry successfully fought to reduce the care limits. The lawsuit limits remain in place. (Be sure to thank your lawmaker).

In this case, the Agency for Health Care Administration revoked the license of Glenwood Nursing Center and gave it until next month to relocate its 107 residents. The agency alleges a host of abuse and neglect issues due to a lack of monitoring. The facility has been sued for the death and rape of residents.

In other Florida nursing home news, a Polk County jury has awarded a $114 million verdict in a nursing home abuse case that resulted in the death of an elderly woman. The 76-year-old woman fell within two weeks of being admitted. She suffered head trauma, a broken arm and other injuries from which she never recovered.

Those considering a Florida nursing home can find a ranking system on the federal nursing home comparison website.

We encourage you to do your homework when selecting a Florida nursing home. Over half of all nursing homes are part of a large chain corporation operating for-profit companies. Choosing the proper home and monitoring the condition and well-being of a relative is crucial. Anyone who has concerns about the conditions of a local nursing home or who suspects a case of nursing home neglect and abuse, should consult an attorney. It is the responsibility of each of us to police the system and insure the care and dignity of our vulnerable older adults.

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Posted On: July 23, 2010

State has no law aimed at reducing Florida car accidents caused by distracted driving; but travelers beware

Planning a road trip this summer? Then don't forget to pack a list of state and local regulations regarding text messaging and using a cell phone while behind the wheel. Currently, Florida and South Carolina are the only two states without laws aimed at reducing the dangers of traffic accidents caused by text messaging and cell phone use.

Our Port St. Lucie injury lawyers urge drivers considering a summer road trip to know the rules of the road. And we remind you that the best way to ensure compliance with whatever law happens to be in effect -- as well as the safety of you and your passengers -- is to refrain from text messaging or using a cell phone while driving.
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MSNBC reports that the patchwork of laws enacted in recent years will leave those on a road trip open to fines ranging from $20 to $150. In every case, knowledge of the law is the motorist's responsibility.

“Drivers are still responsible for knowing the cell phone laws that apply in each state," said AAA spokesperson Nancy White.

In some states, motorists may be subjected to more than one law. For example, Illinois outlaws text messaging while driving but the City of Chicago prohibits all use of hand-held cell phones.

Florida is one of the only states -- perhaps the only state -- that has both failed to pass a distracted driving law and passed legislation prohibiting city and county governments from enacting their own safety measures.

The Governors Highway Safety Association provides a comprehensive list of distracted driving laws in each state:

-Eight states ban the use of hand-held cell phones: California, Connecticut, Delaware, Maryland, New Jersey, New York, Oregon and Washington.

-Twenty-eight states ban the use of cell phones by young drivers.

-Thirty states ban text messaging while driving.

The National Highway Traffic Safety Administration reports that 6,000 people are killed and more than 500,000 are injured in distracted driving accidents each year. Cell phone use and text messaging are responsible for a large number of the crashes. Other forms of distracted driving include eating, drinking, smoking, talking to passengers, grooming, applying makeup, reading or using in-car electronics.

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Posted On: July 22, 2010

Florida motorcycle accidents decline, riders still at high risk in Miami, Fort Lauderdale, West Palm

Motorcycle crashes declined dramatically in Broward and Palm Beach counties last year, a drop that state officials credit to safety training and driver awareness campaigns, according to the Fort Lauderdale Sun-Sentinel.

Our Palm Beach injury lawyers and Fort Lauderdale motorcycle accident attorneys hesitate to celebrate. Certainly news that 126 fewer people were killed in Florida motorcycle accidents during 2009 is excellent news. But the fact remains that 376 motorcycle riders were killed, representing about 1 in every 7 of the state's 2,563 fatal traffic crashes. And, when the National Highway Traffic Safety Administration releases national figures in the coming weeks, Florida will likely once again join California as the nation's most dangerous states for motorcycle riding.
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We won't let that keep us from celebrating the good news. But we urge South Florida riders -- and particularly new riders -- to keep the decline in perspective. Per mile traveled, motorcycle riders are 37 times more likely to die in a crash than the occupant of a passenger car. The majority of those accidents are the fault of another driver, usually someone who fails to yield the right of way.

Motorcycle deaths declined 24 percent across Florida last year, after more than a decade of steep increases, according to 2009 crash statistics released by the Florida Department of Highway Safety and Motor Vehicles.

Broward County fatal motorcycle accidents declined by 38 percent. In Palm Beach County, fatal motorcycle crashes declined by 47 percent.

Florida began a major push to increase motorcycle safety in 2008, after reporting that motorcycle accidents were responsible for 18 percent of the state's traffic fatalities, despite making up just 6 percent of its traffic.

While the number of riders seriously injured in motorcycle accidents also declined, the state reports that more than 7,400 riders were seriously hurt as the result of a motorcycle crash in Florida last year.

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Posted On: July 20, 2010

Fort Lauderdale trucking accident case illustrates importance of consulting an injury lawyer before signing insurance documents

The Florida Court of Appeals overturned a trial court's ruling in a Fort Lauderdale trucking accident case in which an insurance company attempted to use a signed "Property Damage" waiver to reject a personal injury claim.

This case illustrates the importance of consulting a Fort Lauderdale injury lawyer as soon as possible after an accident. Insurance companies frequently present checks and paperwork for injury victims to sign in an effort to limit the company's exposure to claims resulting from an accident. The more serious the injury, the more likely an insurance company will move aggressively to protect itself.

Please don't sign anything after an accident -- even paperwork presented by your own insurance company. We offer free appointments to accident victims throughout the Fort Lauderdale, West Palm Beach and St. Lucie - Fort Pierce areas and will meet with you in a timely manner to discuss your rights.

In this case, a motorist signed a "Property Damage Release" after being rear-ended by a semi in January 2005. The trucking company's insurance provider asked the victim to sign the release in order to obtain a check for $8,009.73 to pay for damages to his vehicle. He continued to negotiate on his personal injury claim and ultimately filed a personal injury lawsuit.

The trucking company moved to have the lawsuit dismissed based on language in the signed waiver that stated the victim released the company "from any and all claims, causes of actions, demands, rights, damages, costs, loss of service, expenses and compensation whatsoever ... (including) foreseen and unforeseen bodily and property damage."

The trial court granted a request by the trucking company's insurance provider to dismiss the personal injury lawsuit based on the signed waiver. The Court of Appeals found that, while the language was clear, the title "Property Damage Waiver" was misleading. Additionally, exceptions allow for consideration of other facts beyond a document's wording when it is alleged that the document was executed by mistake or that fraud or misrepresentation was involved.

While the Appeals Court reversed the trial court's decision, it simply returned the issue to the trial court for additional arguments regarding the merits of the release. More than 5 years after the accident, the victims are still no closer to being compensated for injuries, medical bills, lost wages and other damages that resulted from being rear-ended by a semi.

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Posted On: July 16, 2010

Palm Beach injury lawyers remind parents to keep firearms secured

A 14-year-old Hollywood boy avoided a possible 30-year prison sentence after pleading no contest to a manslaughter charge for shooting his best friend in the head with his mother's gun. The Palm Beach Post reported that the teen was sentenced to a rehabilitation program and could be released in nine months.

These are tragic cases. A Palm Beach child injury attorney can assist families in cases where a child is seriously injured or killed at a friend's house or on someone else's property, including a church, school or daycare center. Dog attacks and swimming pool accidents are frequent causes of child injury. But, tragically, the failure of families to safely store and maintain firearms continues to lead to serious or fatal accidents involving children.

The April 28 shooting death of the 13-year-old boy involved a 9 mm pistol belonging to the defendant's mother. She faces a charge of culpable negligence and the judge has entered a not guilty plea on her behalf while she finds legal representation.

These cases are a tragically common occurrence in Florida:

-In June, a 2-year-old boy apparently shot himself after a man visiting the child's mother left a loaded handgun on a bed. The man reportedly worked as a security guard, according to ABC7.

-In January, the Fort Myers News-Press reported the case of a 2-year-old boy who shot himself while visiting grandma's house.

-In December 2008, a Cape Coral teenager reportedly made up a story about a break-in by armed burglars after shooting another boy in his home. The father in that case was also charged with culpable negligence.

The University of Michigan reports that 9 children a day are killed by handguns, including hundreds who die each year as a result of accidental shootings.

Safety advocates recommend the following safety measures:

-Keep the gun locked
-Keep the gun unloaded
-Store the ammunition locked
-Store ammunition in a separate place
-Hide keys to firearm and ammunition boxes
-Only parents should know the location of firearms in the home
-Check with local police for additional advice
-Never leave a gun unattended
-Teach children about the dangers of guns
-Talk to children about the risks of gun injury outside the home, including the homes of friends

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Posted On: July 14, 2010

Fourth of July continues trend of safer Florida roads; reducing South Florida car accidents a goal through remainder of summer

Sixteen motorists were killed over the Fourth of July Holiday, according to the Florida Department of Highway Safety and Motor Vehicles, which reported that authorities issued almost 10,000 citations.

As our Port St. Lucie injury lawyers and Fort Pierce accident attorneys reported just before the holiday, a total of 30 motorists were killed in Florida traffic accidents during last year's Fourth of July celebration.
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Holiday enforcement effort:
-Total Citations: 9.334
-DUI Arrests: 100
-Speeding: 3,404
-Seat belt tickets: 1,102
-Motorist assists: 2,686
-Fatalities: 16

Drunk driving and speeding are the two primary factors in serious and fatal accidents. The National Highway Traffic Safety Administration reports that two-thirds of all fatal traffic accidents involve either alcohol or speed.

As we reported on our South Florida Injury Lawyers Blog, just-released data show the fatal accident rate in Florida fell to an all-time low last year. As South Florida heads toward Labor Day and the winter tourist season, authorities are urging drivers to practice safe driving habits and help reduce the risk of serious or fatal traffic accidents.

“The Florida Highway Patrol works hard to ensure residents and visitors make it safely to their destinations,” said Col. John Czernis. “For us, that means putting additional troopers on the roadways to deter and to stop motorists who drive illegally and without regard to others’ safety. FHP does not tolerate risky behavior, such as drinking and driving, and neither should you."

Motorists who are concerned about an unsafe driver on the highway can contact the highway patrol by dialing *FHP (*347).

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Posted On: July 12, 2010

Fewer fatalities but high number of injury accidents reported in Miami-Dade, Broward, Palm Beach and St. Lucie counties

Our West Palm Beach injury lawyers continue to look at the accident data recently released by the Florida Department of Highway Safety and Motor Vehicles.

As we reported on our South Florida Injury Lawyers Blog, fatal Florida traffic accidents reached a new low in 2009, claiming 2,563 lives compared to the 2,983 motorists killed on the road in 2008.
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But just looking at the number of fatal accidents tells only part of the story. More than 100 motorists were seriously injured for every motorist killed in a Florida car accident. And, while the number of fatal accident decreased by 14 percent, the overall number of accidents dropped slightly in many areas. And the number of St. Lucie car accidents actually increased.


Florida traffic accidents by county:

Broward County traffic accidents: 25,957 in 2009 compared to 26,417 in 2008.

Miami-Dade County traffic accidents: 42,244 in 2009 compared to 43,376 in 2008.

Palm Beach County traffic accidents: 13,398 in 2009 compared to 13,831 in 2008.

St. Lucie County traffic accidents: 2,336 in 2009 compared to 2,288 in 2008.


An injury lawyer in Miami-Dade, Broward, Palm Beach or St. Lucie counties should be consulted when a motorist is involved in a car accident. An experienced accident attorney handles traffic crashes everyday and can assist motorists in determining their rights after a crash. Frequently, medical or legal complications may arise that a motorist would never consider when determining what to do in the wake of an accident. And injuries sustained in a collision may take months or even years to develop. Failure to protect yourself after a crash can impact your ability to collect damages if future medical consequences arise.

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Posted On: July 10, 2010

No flagman present at fatal highway construction zone car accident in Stuart

A flagman was not present at a construction site where three teenagers were killed in a Stuart car accident after colliding with a front-end loader, TCPalm reported.

The information was included this week when the State Attorney's Office finally released data about the Aug. 4 accident that killed three teenage boys in a Jeep Cherokee. The traffic homicide investigation by the Florida Highway Patrol reported that no flagman was present to warn oncoming traffic about the presence of the loader in the roadway.

Troopers had previously reported that all three teenagers were believed to be intoxicated and that the 18-year-old driver had a blood-alcohol level of .251, more than three times the legal limit.

Authorities have determined the operator of the front-end loader had no drugs or alcohol in his system. The operator worked for Sheltra and Son Construction of Indiantown, which was widening Cove Road west of U.S. 1. The front-end loader had dropped a load of dirt on the south shoulder of the road and was stopped in the eastbound lane at the time of the crash.

Troopers who questioned the work crew were told the front-end loader was not required to have a flagman. However, the company was cited by the Occupational Safety and Health Administration for four "serious violations" at the work site. Those citations were for hazards workers were exposed to and were not related to the accident.

Accidents at road construction sites are a common occurrence in Florida, as are accidents anywhere that the normal flow of traffic is interrupted. The fact that these teenagers were reportedly under the influence at the time of the crash certainly complicates matters. But it does not mean their families would not have a wrongful death case against the construction company. If a 40,000 pound piece of machinery had not been parked in the middle of a dark road, the kids may well have made it home safe to their families. A Port St. Lucie injury lawyer should always be contacted when a motorist is seriously injured or killed in a car accidents at a highway construction zone.

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Posted On: July 9, 2010

Florida railroad crossing accidents a frequent tragedy; state ordered to improve safety

Florida has been ordered to improve safety at railroad crossings as the number of Florida train accidents ranks the state among the 10 worst in the nation, the Federal Railroad Administration reports.

The states targeted are Florida, Alabama, California, Georgia, Illinois, Indiana, Iowa, Louisiana, Ohio and Texas. Nearly 4,200 crossing accidents occurred in those states from 2006-2008, or just over half of the railroad crossing accidents that occurred nationwide.
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Florida railroad accidents killed 29 people in 2009. Nationwide, about 14,000 train accidents occur each year, claiming more than 875 lives and injuring about 10,000 motorists. Each year, Florida train accidents kill an average of 45 people and injure more than 200.

More than 100 accidents occur each year at Florida railroad crossings, according to federal statistics. And the Florida Highway Patrol reports those figures are much higher. The patrol reports almost 3,000 crossing accidents occurred in 2006, killing 362 people and seriously injuring 999.

Some states argued the mandate to target states with the most railroad crossing accidents did not take into account the number of crossings or the amount of traffic and that a better measure would have been to target state with the most accidents per-vehicle traveling through railroad crossing. The Railroad Administration rejected that approach.

The states must submit a plan by August 2011, detailing how problems will be identified and solved at crossings. Solutions could include adding lights to crossings with gates, closing crossings, or building bridges over tracks.

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Posted On: July 5, 2010

South Florida injury attorneys to examine new data regarding Florida traffic fatalities in 2009

The Florida Department of Highway Safety has just released a comprehensive look at 2009 traffic safety and this is the first in a series of posts by the South Florida injury lawyers at Freeman & Mallard.

We believe taking a comprehensive look at the data will allow motorists to avoid car accidents in Port St. Lucie, Fort Pierce, Fort Lauderdale, West Palm and the surrounding areas. Knowledge is power and knowing where, when and why accidents are happening can be a powerful tool to help keep you and your family safe on the road.

The good news for motorists is that fatal crashes in Florida dropped to the lowest rate on record last year. The number of fatal accidents decreased 14 percent to 2,563 from the 2,983 fatal crashes reported in 2008.

As the Sun-Sentinel reported, fatal Palm Beach car accidents were down 30 percent, from 198 in 2008 to 151 last year. Fatal Broward County car accidents dropped 20 percent, from 228 to 189.

"While multiple factors influence the numbers, the declining trends are a testament to the emphasis that law enforcement agencies, safety advocates and businesses have placed on saving lives on our roadways," said DHSMV Executive Director Julie L. Jones.

Most advocates cite less traffic and travel amid the downturn in the economy as the primary reason for the reduction.

Other highlights include:

-Alcohol related traffic fatalities declined 14 percent, from 1,169 deaths to 1,004. Note that those statistics still indicate that drunk driving is responsible for more than one-third of all fatal Florida traffic accidents.

-Fatal Florida motorcycle accidents declined by 24 percent, from 532 to 402.

-Fatal Florida bicycle accidents dropped 15 percent, from 118 to 100.

-Pedestrian fatalities in Florida decreased slightly, from 502 to 482.

-Fatal Florida accidents involving teenagers dropped by more than 20 percent, from 193 to 153.

In coming posts, we will take a more in-depth look at these statistics and see what can be learned by motorists that will help keep them safer on the road. Please check back often for updates.

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Posted On: July 2, 2010

Fort Lauderdale car accidents a danger over Fourth of July Holiday

Authorities will be out in force over the Fourth of July weekend, looking for drunk drivers and other dangerous motorists in an effort to reduce Fort Lauderdale car accidents and serious and fatal traffic accidents throughout South Florida.

While New Year's frequently gets most of the attention when it comes to drunk driving and dangerous travel, the truth of the matter is that Thanksgiving and the Fourth of July have been the deadliest holidays on the nation's roads in recent years, according to the National Highway Traffic Safety Administration.
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Our Fort Lauderdale injury lawyers urge motorists to drive responsibly and allow extra time to reach their destination. Traffic is expected to be heavy throughout the Fort Lauderdale, West Palm and St. Lucie/Fort Pierce areas.

Nationwide fatal holiday traffic accidents in 2008:

New Year's: 104

Memorial Day: 370

Fourth of July: 437

Labor Day: 423

Thanksgiving: 439

Christmas: 364

New Year's Eve: 37

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Fatal Florida car accidents occurred most frequently on Thanksgiving and New Years in 2009. But Fourth of July proved third-deadliest, with 30 fatalities. More than half (17) involved alcohol, according to new statistics just released by the Florida Department of Highway Safety.


2009 fatal holiday traffic accidents in Florida:

New Year's: 34

Memorial Day: 22

Fourth of July: 30

Labor Day: 23

Thanksgiving: 36

Christmas: 28

AAA South has announced a "Tow to Go" program through the holiday weekend. Available Friday through Monday, the program offers rides and tows home from bars or restaurants to members and nonmembers alike.

"No one intends to be a drunk driver, it just happens, whether they've had way too many drinks or just one too many," said Ed Schatzman, senior vice president, Automotive Services, AAA Auto Club South. "Call volume steadily increases every Independence Day weekend and we are happy to get as many drunk drivers off the road as possible so everyone on the road can get home safely to their families."

Those in need of a ride can call 1-800-AAA-HELP.

AAA also encourages motorists to:

-Select a designated driver before going out to celebrate with friends.

-Program the numbers for several cab companies into your cell phone.

-Always keep some extra cash for a cab ride when you need it.

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Posted On: July 1, 2010

Palm Beach injury attorneys wish you a safe and enjoyable Fourth of July

The Palm Beach injury lawyers at Freeman & Mallard wish everyone a safe and enjoyable Fourth of July holiday. Please celebrate responsibly, don't drink and drive, practice safe driving habits on the road and on the water, and leave the fireworks to the professionals.
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The threat of being injured by fireworks is very real. In 2006, 11 people were killed and more than 9,200 were treated in emergency rooms for fireworks-related injuries, according to the Centers for Disease Control and Prevention.

On Wednesday, the Fort Lauderdale Sun-Sentinel reported that rockets sold at fireworks stands in Florida and three other states are being recalled because they are overloaded with explosives. Anyone injured by a defective product in South Florida, including fireworks, should seek the advice of a qualified injury attorney about recovering damages from the manufacturer. In other cases, a Florida premise liability claim could result when guests are injured at a fireworks display.

Fireworks retailers may also be held liable in cases where a consumer is injured by high-grade professional fireworks that are inappropriately sold to a novice user. More than one-third of fireworks injuries involve professional-grade fireworks in the hands of consumers and the Fourth of July is, not surprisingly, the most common time of year for serious fireworks injuries.
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More than two-thirds of all fireworks injuries occur around the Fourth of July holiday and children are the frequent victims. One-third of injuries occur to children under the age of 15 and nearly half occur to young people under the age of 20. The most frequent fireworks injuries involve the hands and eyes as well as the head, face and ears. Firecrackers cause the greatest number of injuries, followed by sparklers and rockets.

Fireworks injuries are associated with blindness, third-degree burns and foreign objects in the eyes, as well as scarring and the serious threat of deadly vehicle or house fires.

The most frequent causes of fireworks injuries include the availability of high-grade fireworks to consumers, being too close to fireworks, operator error, child curiosity and experimentation with homemade devices.


The Consumer Product Safety Commission provides the following safety tips for fireworks:

-Keep fireworks out of the hands of children.

-Older children should only handle approved fireworks, including sparklers, under adult supervision.

-Light fireworks outdoors, away from the house and away from dry leaves, grass or other flammable material.
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-Keep a bucket of water nearby and pour it on fireworks that do not go off.

-Never try to relight or handle malfunctioning fireworks.

-Be sure other people are out of range before lighting fireworks.

-Never light fireworks in a container.

-Keep unused fireworks safe, both while lighting fireworks and while storing.

-Store fireworks in a cool, dry place and check for special storing instructions.

-Observe local laws.

-Never have any portion of your body directly over a fireworks while lighting.

-Don't experiment with homemade fireworks.

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