South Florida Injury Lawyers Blog

Our Port St. Lucie injury attorneys encourage parents to make 2011 the year they emphasize the importance of safe teen driving, whether or not their teenager is old enough to drive.

Florida is one of 13 states that require young teens to pass three stages before getting their drivers license. The Graduated Driver's License Program trains teens gradually to react to certain driving situations and allows them to mature over time in order to be safer drivers.

Since its inception, there has been a reduction in fatalities and the number of teen car accidents in Fort Lauderdale and elsewhere in South Florida. At age 15, teens get a learner's license and upon meeting certain requirements move to the next stage of operational license. The last stage is the full license in which at age 18 a teen can apply for as long as they have met all the previous requirements in the first two stages.

The advantage of the GDLP is that teens learn and mature at the same time. Florida, ranked among the top in vehicle crash fatalities for all age groups according to the National Highway Traffic Safety Administration. In 2008, the NHTSA reported that Florida was ranked either 2nd or 3rd among all states in fatalities when a young driver was involved. Specific to the following: when someone between the ages of 15-20 was either driving, an occupant with another young driver, or a passenger of the other vehicle involved in the crash. Florida reported a total of 516 fatalities in crashes involving young drivers in 2008. These accidents accounted for 8% of fatalities in this age group in the United States.

According to a recent article in Yahoo News Safe Kids USA wants to do more to increase the safety of young teens before they approach the legal driving age in their state. Along with the help of General Motors Foundation, Safe Kids USA is introducing a new program called Countdown2Drive that will focus on educating young teens at the age of 13-14, as well as their parents, about the importance of safe driving and passenger habits.

Last year, over 350,000 teens were injured in passenger vehicle accidents. It is believed that if teens learn to become safe passengers, then that will carry through to when it is time to show safe driving skills.

The first year of driving is often the most critical for teens. The freedom of being able to do your own thing brings a great deal of excitement. But with programs like Countdown2Drive maybe the knowledge and maturity gained beforehand will begin to play a role in reducing the number of young driver fatalities that occur each year in Florida.

Continue reading " Resolve to help reduce risk of teen car accidents in Port St. Lucie in 2011 " »

Last January, South Florida drivers who owned Toyotas were in a frenzy with all the recalls due to the accelerator pedal sticking because of the floor mat. According to the Sun Sentinel over 2 million vehicles were being recalled because of the defect in some of Toyotas best selling models like RAV 4, Camry, Corolla, Avalon, and Highlander to name a few.

Our Port St. Lucie personal injury attorneys are happy to report that Toyota has agreed to settle the case with the federal government by paying record fines. At the same time we continue to warn South Florida motorists of the potential dangers in driving defective vehicles.

Toyota Motor Corporation has agreed to pay over $32 million in civil penalties to the Treasury Department's General Fund for failure to recall two separate automobile defects in a timely manner. Toyota, one of the leaders in automobile manufacturing, has been under investigation by the National Highway Traffic Safety Administration for a "sticky pedal" defect as well as a faulty steering rod defect.

The first investigation for floor mats obstructing the accelerator pedal ended with a $16.375 million fine. Toyota recalled approximately 5 million vehicles in total for the malfunction of floor mats affecting the gas pedal forcing the car to accelerate undesirably. The company was found at fault for not recalling the defect within 5 days to the NHTSA, which, by law, is required.

The second investigation involved the cracking of steering rods, which caused a loss of steering. Effected vehicles were recalled in Japan but not in the United States. In time, consumers reported a defect in their steering wheel in the United States, and Toyota was accused of not recalling the vehicles soon enough. The outcome resulted in Toyota Motor Corp. being fined $16.050 million for failure to report the defect in a timely manner and withholding information from the NHTSA.

Recently purchased vehicles are always under warranty when something goes wrong but it is the obligation of the automobile manufacturer to warn you of defects so that you can have your car repaired in a timely manner. If you fear that your vehicle has been recalled for a defect, you can rely on Safer car as a valuable resource to get recall information as well as the safety ratings for your car.

Continue reading " Defective vehicles a risk in Port St. Lucie car accidents " »

As you take to the roads to visit friends and family this holiday season, be prepared, be patient and most importantly be alert. It only takes a few seconds to turn a holiday celebration into a tragedy that you or your loved one won’t ever forget.

At a time when traffic is at its peak, so are the number of Fort Lauderdale car accidents.

The Fatality Analysis Reporting System from the National Highway Safety Administration reported in 2009 there were 640 fatalities on Christmas and 1,079 fatalities on New Year’s (Eve and Day) nationwide. In Florida there were 74 and 91 on these days respectively.

The new year was short lived for this Florida driver as reported by this News Chief. Speeding was the contributing factor of this crash that killed the driver of the speeding vehicle as well as critically injured 5 others. They were all considered critical and fortunate to be alive because 4 out of the 5 injured were ejected from their vehicles.

In 2009 the National Highway Safety Administration reported that Florida had 535 fatal crashes due to speeding. It is extremely important this time of year to maintain the speed limit in order to reduce the risk of injury or even worse, fatality to you and other motorists on the road.

Make this a safer holiday season by remembering some simple tips:

-Don’t speed or tailgate. Being late is better than having an accident.

-Wear your seat belt.

-Make sure your vehicle is in good mechanical condition.

-Don’t drink in drive. If you do drink have a designated driver or stay overnight.

-Add on extra time for your trip to account for delays due to weather or traffic.

-If you are driving a long distance, take some breaks.

-Plan for vehicle break down by having things like flares, warm clothes, or flashlights.

-Don’t forget to charge that cell phone.

Continue reading " Speeding a leading cause of holiday car accident in Fort Lauderdale, Margate, elsewhere in South Florida " »

Travel during and around the holidays is always a difficult time but what we aren’t prepared for is the craziness that holiday shopping brings since it really only happens a few weeks out of the year.

This is a time when parking lots are filled to capacity for those shoppers looking for the best deal or the last minute procrastinators. The risk becomes much higher for Florida shoppers who are involved in pedestrian accidents this time of year.

According to FARS (Fatality Analysis Reporting System), used by the National Highway Traffic Safety Administration to report fatalities, the months of November and December lend to the most pedestrian fatalities in the state of Florida. In fact, the NHSTA reported a total of 463 pedestrian fatalities in 2009, 113 of those fatalities occurred in November (55) and December (58). It is likely that these months rate highest because more pedestrians are out doing holiday shopping during these two months than any other months of the year. The rest of the year’s reported fatalities are almost half in comparison each month.

So if you find yourself out at the stores during busy times of the year, put yourself on high alert. Drivers are easily distracted with the excitement of buying gifts for loved ones while pedestrians may have just dealt with the frustration of having to wait in long check-out lines. When you get in a vehicle be extra cautious of the pedestrians moving around your vehicle.

November and December gives cause to both driver and pedestrian to triple check your surroundings before you take your first step or put your car into gear.

The Florida Highway Patrol has numerous tips to offer as you head out and about the next few months. The FHP wants everyone to be more cautious and aware in order to reduce the risk of injury or even worse, fatality.

Continue reading " Don’t be a victim of pedestrian accident in Fort Lauderdale this holiday season " »

Every day we find ourselves working hard, expending energy, trying to keep up. It’s no wonder that driving while you are tired has become a part of our daily routine. But through the busy Christmas and New Year's holiday, it can be especially dangerous.

Our Fort Lauderdale car crash attorneys are experienced when it comes to handling cases where a fatigued driver gets on the road and is involved in a traffic accident.

Last year, Florida reported a total of 2,558 traffic fatalities according to National Highway Traffic Safety Administration . This is down 14% from the year before when 2,980 traffic fatalities were recorded. Broward was the second highest county in traffic fatalities recorded in 2009 at 189. This is not a trend we would like to continue in the future.

Though Florida is not a state that often reports traffic fatalities related to driving drowsy, they are the most recent state (18th) to pass a law that requires the state to now be more educated and promote awareness by dedicating a week in September to “Drowsy Driver Awareness”. Florida recently passed The RonShay Dugan Act as a result of an 8 year old girl who was killed while traveling on a school bus who was hit by a drowsy driver.

The terminology used seems to vary from state to state, but one fact still remains, driving when you are exhausted should warrant a big red flag. The NHTSA reports that there are approximately 100,000 traffic crashes per year in which someone’s vision or response time were slighted and potentially led to bad decision making because they were exhausted and chose to drive a vehicle anyway. It seems as though young adults are the most likely to drive when they are tired but they have also found that men are more likely than women. It’s also no surprise that those whose jobs require working a shift are more likely to drive tired then a 9-5 scheduled job.

Many motorists are guilty at times of driving when we are tired.Please keep the following helpful safety tips in mind:

-Get as much rest as possible each night, especially if you know you have a long day ahead of you that will require late night driving.

-Drink some caffeine and turn on your radio so that you can sing along to your favorite tunes. But be aware that neither measure will provide relief for long.

-If you start to get tired, pull into an exit area or a well lit parking lot to take a quick walk and get your energy flowing again.

-A sleepy driver is in danger of nodding off at anytime. Please pull over and rest.

Continue reading " Sleep drivers a holiday danger - avoiding Fort Lauderdale car accidents requires plenty of rest " »

We all know that drinking and driving is a lethal combination. It should not be a shock to anyone to know that drinking while using drugs, legal or not, is just as dangerous. It’s a fact that driving under the influence substantially increases the chances of a car accident in St. Lucie or Fort Lauderdale.

A report from the National Highway Traffic Safety Administration illustrates the risks associated with using drugs and driving. The data representing 2005 to 2009 showed a gradual increase in drivers testing positive for drugs after a fatal crash. In 2005 the positive test results were 13%, the next year 15%, in 2007 it was 16% and the last two years it was 18%.

The NHTSA wants it to be clear that drugs connected to the driver did not mean that the drugs were the cause of the accident or that the driver was impaired. Drug types that were found included illegal, physician prescribed and over the counter. Examples included stimulants, inhalants, depressants and steroids.

What would help the drug testing effort is to establish a consistent practice at the state level. Set standards for which drugs should be tested for and what level for each drug would be considered an impaired amount.

Our bodies react to drugs in all kinds of different ways. Some make us tired, slow our reactions and decrease our concentration level. Opposing drugs make us super hyper and cause us to over react to a situation. None of these behaviors are favorable when mixed with driving. Friends Drive Sober documented some interesting facts on the effects of drugs and driving:

-Taking 10mg of Valium is equal to driving with a BAC of .10.

-You should wait at least 10 hours after taking an antidepressant before you drive.

-A lot of over the counter antihistamines, decongestants and allergy medications slow concentration, decrease reaction time and cause drowsiness.

As a result, law enforcement in 46 states (over 6,000 officers) has been trained on the recognition of symptoms of a driver impaired by drugs. Before risking getting pulled over, or worse, let's all be careful when taking any kind of medication. Check the label and ask your doctor of its effects on the ability to operate a motor vehicle.

Continue reading " Drug effects can result in car accidents in St. Lucie, Fort Lauderdale " »

Thinking of the perfect gift at Christmas can be difficult. In some cases a pet is the perfect gift idea that brings families closer together but this isn't always the case. Before you purchase that puppy in the window make sure you think through the decision. Our Fort Lauderdale dog bite lawyers remind you of the dangers that can occur when little puppies become big dogs if they aren't trained and taken care of properly.

It is possible you may make your decision on what breed of dog to get based on what is the typical personality for that particular type of dog. A good family dog may be a lab or collie based on their upbeat and personable traits. But even these dogs if not trained properly can be wild beasts. Training your dog to be social and well behaved is a difficult task, especially if you know nothing about dog training.

One important aspect of training is dog socialization which plays a key role in making your dog safe around others. There is a critical period early in a puppy's development (prior to 4 months old) that if socialized appropriately with people of all ages and other dogs in which no bad experiences occur, the puppy will mature into a friendly dog. If a bad experience occurs during this early socialization, no matter what the breed, the dog can grow up to fear other canines and people and have aggressive behaviors when put in the wrong situation. In fact, studies have shown that an under-socialized dog or dogs with bad experiences during the first few months are 580 times more likely to be aggressive with humans and other dogs.

Florida law holds dog owners responsible for damages when their dog bites another person in a public or private place even if the dog has no prior record of aggressive behaviors. However, if the victim plays a role in getting bitten by the dog the percentage of liability is reduced to the dog owner based on what percentage the victim played in the accident happening.

It is important that even if you have a friendly dog you be aware of the surroundings you put your dog in. Adhere to leash laws in public places and make sure if you have a family gathering that you keep an eye on your dog at all times. Stress can affect even the friendliest well-trained dogs so reduce the risk of dog bite injury by being a responsible owner.

Continue reading " Social training helps reduce dog bite injuries in Fort Lauderdale, West Palm " »

Cell phone use and texting are common reasons for accidents that occur because of distracted driving. Florida has yet to ban either of these distractions while driving which is cause for concern to , and our staff in West Palm and Fort Lauderdale who handle these types of cases regularly.

The National Safety Council is encouraging public officials to listen to the public, which it says supports a cell phone ban for drivers. In a recent survey, more than half of voters thought banning cell phone use would make roadways safer. They also reported that two-thirds of the voters want driver cell phone use banned completely -- including hands-free devices.

The NSC put together a model to help determine how cell phone use can be attributed to traffic crashes. The module proposed that 1.4 million traffic accidents involved cell phone use in 2008. It is estimated that anywhere from 3%-18% of these accidents were because of the use of text messaging. At this point it is difficult to measure exactly how much texting is a factor as opposed to just talking on the cell phone. The one thing they do know is that the number of cell phone operators has increased substantially over the last few years.

The Governors Highway Safety Association reports that Florida is one of very few states that currently allows drivers to use cell phones while driving. Meaning no hands free device is needed and texting is permitted while driving. Cell phone and texting bills have been brought to legislature but nothing has passed to date. Florida Governor Crist has stated he will sign a ban on text messaging once it gets passed through legislature.

The following are common distractions we may have in the car in addition to cell phone use and tips to avoid them:

-Eating and drinking: refrain from holding food or beverages in your lap in order to avoid spilling them.

-Looking at a map or fixing the GPS: make occasional stops so that you can re-group on directions or put in a different address when needed.

-Adjusting knobs or changing a CD: have someone else make the adjustments or stop at a rest stop if you don't have devices on your steering will to adjust volume and channel.

Continue reading " Lack of distracted driving laws a concern for Florida drivers " »

Authorities are set to put an increased emphasis on the risks associated with driving while under the influence of drugs, as we enter the holiday season.

Our St. Lucie personal injury lawyers and wrongful death attorneys frequently post about the dangers of drinking and driving. What gets less attention, is the risk of driving while under the influence of drugs, whether prescription medication, illegal narcotics or over-the-counter medicine. Motorists will be at increased risk of car accidents in Fort Lauderdale, West Palm Beach and elsewhere in South Florida through the remainder of the holiday season.

The Florida Department of Highway Safety and Motor Vehicles reports an 11 percent increase in drug-related crashes last year and a 19 percent increase in resulting injuries.

Those statistics agree with what the federal government is seeing on a national level, where the number of drivers to test positive for drugs after a fatal accident has increased from 13 percent to 18 percent in the last five years.

More than half of the 34 fatal accidents at New Year's last year involved a driver under the influence of alcohol or drugs. An additional 28 motorists were killed in Florida car accidents over the four-day Christmas holiday. Nationwide, 3,952 of the 21,798 drivers fatally injured last year tested positive for drugs. However, fewer than 14,000 were even tested, making the positive rate 18 percent for those drivers who were tested.

"Every driver on the road has a personal responsibility to operate his or her vehicle with full and uncompromised attention on the driving task," said NHTSA Administrator David Strickland. "Today’s report provides a warning signal that too many Americans are driving after having taken drugs, not realizing the potential for putting themselves and others on the highway at risk."

The government notes that not everyone with drugs in their system was driving impaired. Unlike alcohol, drugs can remain in the system for days or even weeks after being ingested. And it's not just illegal narcotics the government is worried about, prescription drugs and over-the-counter medication can also lead to driver impairment.

"While it’s clear that science and state policies regarding drugs and driving are evolving, one fact is indisputable. If you are taking any drugs that might impair your ability to drive safely, then you need to put common sense and caution to the forefront, and give your keys to someone else. It doesn’t matter if its drugs or alcohol, if you’re impaired, don’t drive," Administrator Strickland warned.

Continue reading " Authorities cracking down on Fort Lauderdale car accidents caused by drivers under the influence of drugs " »

As we gather together for the holidays, many of us will make at least one trip to a local nursing home to visit a loved one. In other cases, a holiday gathering will make evident the looming need to select a nursing home to care for an aging parent or relative.

In either case, our nursing home neglect lawyers in Fort Lauderdale and West Palm Beach urge you to speak up about concerns you may have regarding the conditions of an area nursing home. And to do your homework when selecting a home in which to place a loved one. It is incumbent upon each one of us to police the system. Area homes get more visits this time of year than during the rest of the year combined. You can be assured that if what you are seeing does not pass muster during the holidays, there is likely cause for legitimate concern.

Florida has more than 650 nursing homes where more than 82,000 residents reside, making it one of the nation's top states for number of elderly residents in nursing home care. Most homes are run as part of large corporations and are for-profit companies billing the government, private insurance companies and relatives more than $40,000 a year for care.

Bedsores, unsanitary patients or conditions, and malnutrition and dehydration are among the most common signs of nursing home neglect.

Other signs of nursing home neglect, according to the Elder Abuse Foundation, include:

-Unexplained bruises, cuts or fractures.

-Frozen joints.

-Unexplained infections, bloody clothing or STDs.

-Behavioral changes.

-Staff reluctance to permit visits, delays in visits, or supervised visits.

-Overmedicated residents.

-Missing resident possessions.

-Abrupt changes in financial status.

The Florida Agency for Health Care Administration provides a Florida Nursing Home Watch List of nursing homes with inspection issues.

Here you can find Florida's Nursing Home Guide, which can assist you in choosing a nursing home by region.

Continue reading " Help prevent Fort Lauderdale nursing home neglect and abuse this holiday season " »

The risk of defective product injury in Fort Lauderdale and throughout South Florida increases through the holidays, particularly when it comes to small children.

Our injury lawyers in Coral Gables, Hollywood, and throughout the region, wish each of you an enjoyable holiday season. But we also urge you to take special care when it comes to reducing the risk of serious or fatal injuries caused by defective products.

The Consumer Product Safety Commission reports that toy recalls are declining even as the number of injuries has increased. Yet, even by its own admission, an average of one popular toy a week is recalled in this country because of its risk for serious or fatal injuries. And the government is not counting items made for children, such as strollers and cribs, of which more than 100 different products have already been recalled thus far in 2010.

The government is working to establish better safeguards after a rash of toy recalls involving lead paint and other hazards in 2008. The results are a decline in the number of recalled toys. So far this year, 44 toys have been recalled, compared to 50 recalls last year and 172 in 2008.

Still, 12 children died last year as a result of injuries involving toys and 24 children died in 2007 and 2008. Thousands of other kids were injured. In fact, the government reports the number of toy injuries continues to increase. Last year, nearly 200,000 emergency room visits involved toy injuries to children under the age of 15, compared to about 150,000 in 2005.

“By limiting metals and chemicals in toys and making the voluntary standard mandatory, CPSC has put safeguards in place for toys to better protect children,” said Chairman Inez Tenenbaum. “The increase in injuries is a concern, and we want parents to make safe purchases and for children to be safe at play. To help keep what has been called the most wonderful time of the year happy and incident-free, CPSC is encouraging consumers to adopt a three-pronged safety approach.”

A list of recalled children's products in Florida is available here.

Continue reading " Defective product injuries in South Florida a holiday risk " »

The National Highway Traffic Safety Administration is issuing new rules on rear-window visibility in an effort to reduce the risk of pedestrian and backover accidents.

Pedestrian accidents in Fort Lauderdale and backover accidents in Port St. Lucie and throughout South Florida are of increasing concern as we head into the heart of the holidays and the winter tourism season. Florida is among the deadliest states in the nation for pedestrian accidents, while backover accidents are most likely to occur in busy parking lots or at the type of large family gatherings that most often occur around the holidays.

The new rules are mandated by the Cameron Gulbransen Kids Transportation Safety Act of 2007 and are aimed at eliminating blind spots behind vehicles, which can hide pedestrians. Two-year old Cameron Gulbransen was killed when his father accidentally backed over him in the family’s driveway.

"There is no more tragic accident than for a parent or caregiver to back out of a garage or driveway and kill or injure an undetected child playing behind the vehicle," said Transportation Secretary Ray LaHood. "The changes we are proposing today will help drivers see into those blind zones directly behind vehicles to make sure it is safe to back up."

The rules require a driver to be able to see directly behind a vehicle when the vehicle is in reverse. Manufacturers are most likely to comply by installing video cameras in most new vehicles by 2014.

"The steps we are taking today will help reduce back-over fatalities and injuries not only to children, but to the elderly, and other pedestrians," said NHTSA Administrator David Strickland. "And while these changes will make a difference, drivers must remember that no technology can, or should, replace full attention and vigilance when backing up. Always know where your children are before you start your car and make sure you check that there is no one behind you before you back up."

The government estimates there are 292 fatalities and 18,000 injuries involving backover crashes each year. In 2008, more than 4,300 pedestrians were killed in accidents nationwide. Florida pedestrian accidents claimed 490 lives. Only California reported more pedestrian deaths.

Continue reading " New rules aim to reduce risk of pedestrian, backover accidents in Fort Lauderdale, West Palm Beach " »

Given the nature of our work, the West Palm Beach car accident attorneys at Freeman & Mallard frequently post reports about motor vehicle and highway safety tips and trends on our Fort Lauderdale Car Accident Attorney blog.

With this in mind, we share changes to the National Transportation Safety Board’s “most wanted” list of vehicle and driver safety improvements. Our goal is to educate and empower drivers and help keep them safe on the roads. Broward, Miami, and Palm Beach counties are the most dangerous counties in one of the top three deadliest states in the nation for traffic fatalities.

Concerns addressed on the NTSB’s “most wanted” list range from motorcycle safety (improved namely through universal, mandatory, helmet laws) to improved child occupant protection.

The NTSB would also like to see more drivers and passengers buckling-up before hitting the road and younger drivers more actively participating in graduated licensing programs.

While diminishing driver distractions – such as using a cell phone, eating, applying makeup, or disciplining the unrestrained family pet – are behaviors all drivers should avoid, younger drivers are much more likely to pay with their lives than older, more experienced, motorists.

With that said, Florida is one of just 19 states that have imposed no restrictions on cell phone use for drivers, young or mature, and is one of only three states without a booster seat law.

Both issues – driver distraction and seat belt use – are considered significant factors in serious and fatal South Florida car accidents.

According to the NTSB, on average more than 330 children aged 4 to 8 are killed each year in car accidents nationwide. Of those, about 45 percent were unrestrained. Of those who were buckled-up, most were injured or killed because they were using a lap belt or shoulder harness meant for an adult passenger.

In 2009, the Florida Highway Safety and Motor Vehicles reported that 50 percent of children aged 17 younger killed in a fatal Florida car accident were not wearing a safety belt or using a car or booster seat. Tangentially, there were 4 fatalities and 1,532 injuries linked to driver distraction.

Those numbers are woefully under reported. By some estimates, as many as one-fourth of the nation's fatal accidents are caused by driver distraction.

Continue reading " Distracted driving and child restraint key contributors to car accidents in Fort Lauderdale, Hollywood, West Palm Beach " »