South Florida Injury Lawyers Blog

Through the Labor Day weekend, the Florida Highway Patrol announced this week it will again participate in the national traffic-safety enforcement program "Drunk Driving. Over the Limit. Under Arrest." The program aims to target drunk drivers and hopefully save lives by diminishing the number of South Florida drunk driving accidents.

The Fort Lauderdale car accident lawyers at Freeman & Mallard aggressively represent victims of DUI accidents. We understand how distressing, disruptive and catastrophic being involved in an alcohol-related car crash can be and will work tirelessly to ensure your rights are protected to the fullest extent of the law.

In 2008, 875 motorists were killed in alcohol-related crashes in Florida with Miami-Dade, Broward and Palm Beach ranking as the top three deadliest counties, the National Highway Traffic Safety Administration reported. The NHTSA found that nearly 700 motorists were killed in crashes in these counties, with 174 fatal crashes specifically alcohol-related.

Historically, Labor Day ranks as one of the Top 10 deadliest days for drivers and September ranks in the Top 5 deadliest months, according to the American Safety Council.

“Drunk driving is simply not worth the risk. Not only do you risk killing yourself or someone else, but also the trauma and financial costs of a crash or an arrest for impaired driving can be significant,” said FHP Director, Colonel John Czernis. “Violators often face jail time, the loss of their driver license, higher insurance rates, attorney fees, time away from work and dozens of other expenses. Do not take the chance. Remember, if you are over the limit, you can expect to be under arrest.”

The patrol will also participate in the nationwide Operation C.A.R.E. (Combined Accident Reduction Effort) over the four-day holiday weekend starting Sept. 3. The goal of this program is to deter unsafe drivers, enforce safe traffic conditions and more quickly assist motorists in need.

Operation C.A.R.E. is a coordinated effort involving all 50 state police and highway patrol units and will include all uniformed personnel and officers who are otherwise normally assigned to administrative duties. An additional influx of volunteer troopers from both auxiliary and reserve teams will supplement the workforce.

While celebration with friends and family is encouraged during this last summer holiday, the FHP in presence and enforcement practices plans to aggressively monitor and cite or remove from all State roadways distracted, otherwise impaired and drunk drivers.

Continue reading " Increased enforcement aimed at reducing drunk driving accidents in Fort Lauderdale, West Palm " »

While it is a sensitive issue, the fact of the matter is that elderly drivers are at increased risk of being involved in a Port St. Lucie car accident.

The National Highway Traffic Safety Administration reports there were 31 million older drivers on the road in 2007, an increase of nearly 20 percent from a decade ago. And that number is expected to explode in the coming decade as the Baby Boomers hit the road to retirement. Perhaps nowhere will it be a bigger issue than in Florida, Arizona and other states favored by retirees.

Helping an older adult decide when it's time to hang up the keys is a discussion that "is happening all across the United States in families up and down the streets every day," said Elinor Ginzler, a senior vice president of AARP. "It's a huge issue."

In 2008, more than 183,000 senior citizens were involved in traffic accidents. Seniors were involved in 474 fatal car accidents in Florida -- the most of any state in the nation.

And seniors are hanging on to their driver's licenses for longer than ever before. The percentage of people over the age of 70 who remain licensed to drive has increased in the last decade, from 73 percent to 78 percent, according to a recent report in the Washington Post. And drivers who are 75 or older are twice as likely to say they plan to drive into their 90s than those who are 65 to 74.

They are also most at-risk: A government study found that those over the age of 75 were more likely to be involved in a fatal crash than drivers in any other age group.

"In the old days, or even 20 years ago, people just did not live long enough for this to be a problem," Elin Schold-Davis, head of the American Occupational Therapy Association's Older Driver Initiative, told the USA Today. "People are living with a level of impairment that is unprecedented."

That includes heart disease, stroke, diabetes, Alzheimer's, dementia and Parkinson's disease.

Some states are seeking to enact tighter restrictions for older drivers. Massachusetts recently enacted a law requiring driver's license renewals to occur in person for some senior drivers. Like most driving safety issues, Florida has done nothing to address the issue.

Continue reading " Port St. Lucie car accidents involving older drivers a growing concern " »

Florida is among the states that do not require seat belts for all rear-seat passengers, according to an analysis by USA Today that examined passenger-safety initiatives in all 50 states.

Palm Beach car accidents frequently lead to serious or fatal injuries, whether or not a person was wearing their seat belt. And we have all heard stories of people who survived an accident because they were not belted. But seat belts save lives and the push to force back seat passengers to buckle up is gaining momentum across the country.

It comes as no real surprise that Florida is behind on the issue. As our West Palm Beach injury lawyers have reported, Florida is among the deadliest states in the nation and is one of a dwindling number that have no law against text messaging or use of a cell phone while behind the wheel.

Presently, half of all states permit backseat adult passengers to ride without buckling up. Six states -- Texas, New Jersey, Minnesota, Louisiana, Kansas and Indiana -- have enacted laws covering rear-seat passengers since 2007, according to the Insurance Institute for Highway Safety.

Twenty-five states now require seat belts for all passengers.

"The gaps with regard to children younger than 16 have almost all been closed, but there are still gaps for adults," said the Institute's Michele Fields.

Seat-belt use has been rising steadily for decades as states moved to primary enforcement -- meaning a motorist can be stopped and ticketed for noncompliance, regardless of whether they are violating other traffic laws. The National Highway Traffic Safety Administration reports that 84 percent of motorists nationwide are wearing their seat-belt -- a rate that now stands at an all-time high.

The federal government estimates that seat belts saved 13,000 lives last year -- compared to the 34,000 motorists who died in traffic accidents. Naturally, rear-seat seat-belt use is higher in states where the law requires it. But in some states, the difference in usage rates is substantial: Front-seat motorists in New Jersey have a usage rate of 93.7 percent, while those in the back wear their seat belts only 27 percent of the time.

It is a safety issue for everyone in the vehicle: Unbelted rear-seat passengers become projectiles in an accident, as they continue to travel the same speed the car was moving at the moment of impact. Frequently, this results in crushing front seat passengers between the seat and the dashboard or windshield.

Continue reading " Unbelted backseat passengers a common danger during Palm Beach car accidents " »

Back to school is one of the most dangerous times for students, who face increased risk of school bus, bicycle and pedestrian accidents in Fort Lauderdale and throughout South Florida.

Fort Lauderdale school bus accidents are most common around the start of each school year and can result from driver inattention, an inexperienced school bus driver, faulty equipment or because of a dangerous bus stop, bus shelter or other gathering place for students waiting for a school bus. In fact, the National Highway Traffic Safety Administration reports that pedestrian accidents outside the bus account for 14 of the 19 bus-related fatalities that are reported each year.

Thousands more are injured in school bus accidents each year. The Florida Department of Highway Safety and Motor Vehicles reports that 23 people were killed and 1,203 were injured in Florida bus accidents last year, which also includes crashes involving passenger and commercial buses.

Motorists are required by state law to stop for all school buses displaying red flashing lights. Passing is not permitted until the red lights have been turned off.

Bus safety tips include:

-Make sure they get to the stop on time and wait away from the road.

-Children should never attempt to retrieve something from beneath the bus.

-Talk to school administrators or the school district if you have concerns about the safety or location of your school bus stop.

Bicycle and pedestrian accidents

A significant number of students will be injured in bicycle and pedestrian accidents as the school year begins. Motorists are encouraged to watch for children, particularly in school zones and near bus stops and crosswalks.

The NHTSA reports that more than 80 young children a year are killed in bicycle accidents and more than 50,000 are injured. More than 250 are killed in pedestrian accidents and more than 69,000 are injured.

Speaking to children about the risk factors can go a long way in keeping them safe. Here again, motorists can do their part in helping to ease the transition into the school year by allowing extra time for their morning and afternoon commute. And by watching out for the tens of thousands of children who will be making their way to school this month.

Continue reading " Back to school means increased risk of pedestrian, bicycle and bus accidents for students " »

Our Fort Lauderdale nursing home neglect lawyers are frequently asked about the presence of bedsores found on an elderly family member.

We recently reported on our South Florida Injury Lawyers Blog the case of a $114 million jury verdict resulting from the death of a nursing home resident in a fall. The 76-year-old woman was also suffering from bedsores when finally removed from the nursing home.

By some estimates, nearly one-quarter of all nursing home residents suffer from bed sores. Bedridden or minimally mobile residents are at high risk of developing bed sores if they are neglected by staff. Such residents should be repositioned every 2 hours to minimize rubbing and friction. Lubricants and padding may also help.

Bedsores, also called pressure ulcers or decubitus ulcers, are prone to infection and can even be fatal if not properly treated.

The medical establishment in the United States recognizes four stages of ulcers:

Stage 1: Identified by superficial redness that does not subside when pressure is relieved.

Stage 2: Appearance of a blister or abrasion, ulcer extends into the dermis.

Stage 3: Characterized by large wounds that extend into the subcutaneous tissue. May require surgery.

Stave 4: Ulcers extending into the muscle, tendon and even the bone. Fewer than half of these ulcers heal within a year and only 62 percent ever heal.

Proper nutrition can play an important part in the prevention or healing of bed sores, as can infection control and proper patient care. Many nursing home residents are at high risk of mild bed sores. But failure to treat the sores, or failure to take corrective action, can lead to more serious sores and infections and are a sure sign of neglect.

The presence of bedsores is a warning sing of possible neglect or mistreatment and should be discussed with a Fort Lauderdale elder abuse attorney.

Continue reading " Bedsores often a sign of nursing home neglect in South Florida " »

The tragic deaths of four members of an Orlando family in a Florida drunk driving accident is a stark reminder of how far Florida has to go in preventing the senseless tragedies that frequently occur when someone climbs behind the wheel after having too much to drink.

CNN reports that a father and three sons were killed last Saturday night, while enjoying a guy's night out at the movies in St. Petersburg. The entire family had rented a cottage. Wives and children are left behind to pick up the pieces.

All four men -- ages 51, 28, 24 and 19 -- were killed by an accused drunk driver who allegedly ran a red light.

Our Palm Beach injury lawyers and St. Lucie car accident attorneys are dedicated to fighting for the rights of motorists who have been injured or killed in traffic accidents caused by drunk drivers.

The Florida Department of Highway Safety and Motor Vehicles recently trumpeted the decline in drunk driving accidents last year: Deaths dropped to 1,004 from 1,169. Yet drunk driving accidents were still responsible for nearly half of the state's 2,563 traffic fatalities.

More than 20,000 drunk driving accidents occurred in Florida last year, injuring more than 14,000 motorists. That is more than 54 drunk driving crashes every single day.

When national statistics are released in the coming weeks, Florida is likely to remain one of the most dangerous states in the nation for drunk driving accidents. To add insult to injury, the legislature recently passed a law allowing a motorist convicted of four or more DUIs to regain the right to drive. Previously, such habitual offenders faced lifetime loss of their driving privileges.

Nearly one-third of all accidents in the state occur between Palm Beach and Miami, putting this area at extreme risk for serious and fatal drunk driving accidents.

Continue reading " South Florida drunk driving accidents continue to cause needless tragedy " »

With school set to begin and new information that suggests teen drivers routinely ignore the dangers of distracted driving, our Fort Lauderdale injury lawyers urge parents to speak with their kids about the dangers posed by poor driving decisions.

A recent study conducted by Seventeen Magazine found that nearly 90 percent of teenagers are aware of the dangers of distracted driving -- including the use of a cell phone and text messaging while behind the wheel -- yet nearly 90 percent engage in such dangerous driving behaviors anyway.

In response, Seventeen Magazine and the U.S. Department of Transportation are teaming up with a campaign to encourage teens to create a catchy public-service video that will be used to promote safe driving on National Two-Second Turnoff Day, scheduled for September 17.

Government safety officials will also feature the video during the national distracted driving summit, which is scheduled for that week in Washington D.C. As we reported on our South Florida Injury Lawyers Blog, the summit will likely increase the pressure on states like Florida that have done nothing to prohibit teens from text messaging or using cell phones while driving.

“One in four teen drivers say they’ve texted behind the wheel, and that’s a trend we’ve got to confront head on,” said U.S. Transportation Secretary Ray LaHood. “This contest is an innovative and fun way to get teens involved in spreading the word about the importance of keeping their eyes on the road – and off their phones.”

The campaign is aimed at getting teens to take two seconds to turn off their phone before getting behind the wheel -- about the same amount of time safety advocates say it takes to get into an accident by taking your eyes off the road.

“Eighty-Six percent of teens know that distracted driving is dangerous—and they do it anyway,” says Ann Shoket, editor in chief of Seventeen Magazine, citing a Seventeen/AAA 2010 survey. “This contest helps teens hammer the real danger of driving while distracted to prevent accidents and save lives.”

Teens can download an application here.

Continue reading " Teen participation in distracted driving initiative could reduce risk of Fort Lauderdale car accidents " »

A Broward County prosecutor is being suspended while police investigate a hit-and-run Fort Lauderdale bicycle accident, the Sun-Sentinel reported.

The 31-year-old prosecutor has not been charged. "We've spoken to her," Lauderdale police Sgt. Frank Sousa said. "We're treating this like a hit-and-run. At this time, due to the fact that it is an open investigation, we're not going to get into details about what we've done or discussed with that person."

On Friday, a black Audi left the scene after a bicyclist was struck shortly after midnight near the intersection of Northeast Fourth Avenue and East Sunrise Boulevard.

Our Fort Lauderdale accident attorneys continue to report about the large number of cyclists being seriously injured or killed in South Florida accidents.

Meanwhile, an 84-year-old woman remains hospitalized after a Tamarac pedestrain accident. Police arrested a 23-year-old motorist they say was driving 40 miles and hour when he hit the woman and fled the scene, according to a Channel 7 News report.

The Florida Department of Highway Safety and Motor Vehicles reports that 482 pedestrians were killed and 7,676 were injured in traffic accidents in 2009. Florida bicycle accidents killed 99 and injured 4,376.

Continue reading " Hit-and-runs investigated in Fort Lauderdale bicycle accident, Tamarac pedestrian accident " »

We've probably all done it. In fact, Florida's mix of heavily urban areas that feed into more rural bedroom communities lends itself to it. You get off the freeway, and you relax your grip on the wheel, assuming you are home free.

But, if nationwide statistics are any indication, Palm Beach car accidents, and traffic accidents elsewhere in Florida, are most likely to occur on rural roads. The USA Today reports that 57 percent of highway deaths nationwide happen on roads designated as rural.

The Center of Excellence in Rural Safety at the University of Minnesota found that 84 percent of those surveyed said they felt safe on rural interstates. And 79 percent felt safe on rural two-lane highways, compared to 69 percent on multi-lane freeways in urban areas.

Drivers who feel more comfortable are also more likely to engage in distracted driving habits, such as using a cell phone, eating, drinking or utilizing in-car electronics. Such behavior could be at least partly responsible for the increased risk.

"People seem to feel more comfortable on those roads, even though the facts show that it's more dangerous," says Lee Munnich, director of the center. "They feel more relaxed and, as a result, they are engaging in behavior that is riskier."

The only exception to the rule was for speeders, who said they felt safer going faster on large urban highways than on rural roads. Many rural accidents are single-vehicle accidents involving a car that loses control and leaves the roadway, a dynamic that could be explained by how motorists perceive risk.

"The more people perceive they have control, the less they perceive a situation as being risky," Peter Kissinger, president and CEO of the AAA Foundation for Traffic Safety.

Continue reading " Overconfidence can lead to West Palm Beach car accidents in rural areas " »

A new law is putting some of the heaviest tractor-trailers in the nation on Florida highways, a move the is certain to increase the risk of serious and fatal semi accidents in Fort Lauderdale and throughout South Florida.

The law, which was signed by Gov. Crist and went into effect on July 1, permits semis to add an additional 8,000 pounds of weight to the 80,000 pounds they are already permitted to carry by law. Trucks pose a serious safety risk to motorists precisely because they already weigh about 20 times more than the average passenger car and require three times longer to stop in the event of an emergency. Florida's 70 mph speed limit is already among the nation's fastest for large commercial vehicles. When it comes to weight, only four other states permit heavier trucks on the road.

In 2008, a total of 269 fatal Florida trucking accidents were reported. Only California and Texas have worse safety records.

A Fort Lauderdale injury lawyer should always be called to assist a motorist dealing with a serious or fatal accident involving a semi or large commercial vehicle in South Florida. Such cases are frequently complicated by the seriousness of the injuries, in-state and out-of-state trucking and insurance companies and state and federal trucking regulations.

Safety advocates, including Road Safe America and the Florida Safety Council, had lobbied hard against the measure. However, big business once again got its way, with the trucking lobby winning out over the safety of voters and motorists.

"The dangers of increasing tractor-trailer truck weights are well known - they are harder to stop, steer and more vulnerable to roll over during a crash," said Tom Guilmet, the Executive Director of the Florida Safety Council. "But, by far, the most compelling objection to heavier trucks is the fact that they will cause more deaths and injuries on our highways."

Continue reading " Heavier trucks mean greater risk of Fort Lauderdale trucking accidents " »