South Florida Injury Lawyers Blog

Starting this week the Florida Highway Patrol is delivering the message to buckle up as the 2011 national Click It or Ticket campaign gets underway. Law enforcement will be cracking down on motorists who disobey Florida’s safety belt law with zero tolerance, meaning click your seat belt or expect a ticket.

Our Fort Lauderdale car accident lawyers want to remind you to "Click It" or risk the chance of serious injury in a car accident. Drive safely this holiday weekend.

"Many traffic deaths can be prevented if more motorists simply buckle up. That is why the Florida Highway Patrol is strongly supporting enhanced enforcement of safety belt laws during the upcoming Click It or Ticket campaign," said Major Timothy Ashley, commander of FHP’s Troop H, which covers eight counties in the Big Bend area. "We will be out in full force to remind drivers and passengers to always fasten their safety belts."

It is the requirement of Florida law that front seat passengers wear a seat belt, as well as, anyone under 18 must be belted in. The fine for not buckling up is $30 in addition to court costs if convicted. After last years campaign seat belt use rose to 87.4 percent.

U.S. Transportation Secretary Ray LaHood reminded motorists about the severe risks of not wearing a seat belt.

"We are reminding Americans to buckle up before they hit the road for the long Memorial Day weekend," said Secretary LaHood. "Seat belts are a lifesaver, but too many people are failing to buckle their seat belts at night, and it’s costing lives."

Research from the National Highway Traffic Safety Administration (NHTSA) show that fewer people buckle up at night, making driving at night particularly dangerous. The NHTSA reports for 2009, 62 percent of vehicle occupants killed at night were not wearing seat belts. By comparison, 44 percent of vehicle occupants killed during the day were unrestrained. David Strickland an NHTSA Administrator warned that holiday weekends like, Memorial Day weekend, are extremely dangerous for motorists not buckling up. The 2009 Memorial Day period saw 306 people killed on U.S. roads, 55 percent were unbelted.

"Statistics tell a powerful story about the fate of unbelted motorists in crashes. That’s why law enforcement is exceptionally vigilant at this time of year," said Administrator Strickland.

Continue reading " Holiday weekends bring increased risk of car accidents in Fort Lauderdale and throughout the state " »

NBC Miami recently reported on a near tragic boating accident near Miami.

Our Fort Lauderdale boating accident lawyers know that in 2009 Florida led the nation in boating accidents with 620 and we also had the most registered vessels with 982,470.

Three men are lucky to be alive after their boat sank near West End in the Bahamas. The three boaters had left Boynton Beach in their 35-foot boat; it is still unclear why the boat sank. When the vessel began taking on water the men put on their life jackets and activated a personal locator beacon signal. The Coast Guard Cutter Bluefin found the three men, hungry and cold clinging to a water cooler.

"These boaters survived a potentially fatal accident because they were prepared," Capt. Chris Scraba, commanding officer of Coast Guard Sector Miami, said in a release. "They immediately donned life jackets, which allowed them to stay afloat until they were rescued and they activated their PLB, which provided the Coast Guard precise location information."

Well over half of Florida's reportable boating accidents in 2009 occurred in these 10 counties:

-Monroe County had 3 fatalities and 77 accidents.
-Miami-Dade County had 4 fatalities and 62 accidents.
-Palm Beach County had 3 fatalities and 56 accidents.
-Pinellas County had 4 fatalities and 45 accidents.
-Broward County had 30 accidents.
-Collier County had 27 accidents.
-Lee County had 1 fatality and 24 accidents.
-Hillsborough County had 22 accidents.
-Volusia County had 5 fatalities and 20 accidents.
-Bay County had 2 fatalities and 20 accidents.

According to the Coast Guard more than 75 percent of boating fatalities are caused by drowning, not injuries. The three boaters were prepared which the Coast Guard says contributed to the positive outcome of this incident. They all donned their life jackets quickly, they were able to stay afloat and turning on their personal locator beacon (PLB) allowed the Coast Guard to find them a lot faster. The Coast Guard reports over 90 percent of drowning victims when found are not wearing life jackets.

The Florida Fish and Wildlife Conservation Commission suggest these safety tips:

-You can never have too many safety devices.

-Make sure someone knows where you are going and when you will be back. Filing a float plan will make finding your location easier in the event of an accident.

-Never drink and operate a boat, assign a designated operator.

-Make sure life jackets are easily accessible and attach a plastic whistle to it.

-Be mindful of your speed, boats don't have brakes.

-Don't try to swim to shore if your boat sinks, stay near the vessel.

-Take a boating safety course if you plan on operating a vessel.

Continue reading " Boating accidents often lead to drowning victims in Miami, Fort Lauderdale " »

Recently the U. S. Consumer Product Safety Commission (CPSC) went live with SaferProducts.gov, a database ordered by Congress, as part of the Consumer Product Safety Improvement Act. Consumers are urged to visit www.SaferProducts.gov to report an unsafe product.

Consumers can also search the database for products they are thinking about buying to gather safety information.

Our Palm Beach personal injury lawyers think that this user friendly site will assist CPSC in discovering hazardous products faster and get important safety information to consumers quicker.

"CPSC stayed on time and on budget in building this new database," said Chairman Inez Tenenbaum. "Through SaferProducts.gov consumers will have open access to product safety information that they have never seen before and the information will empower them to make safer choices."

Information requested in a Report includes:

-Description of the product or substance.

-Manufacturer name or private labeler.

-Describe the illness, injury, death, or risk of injury, illness, or death related to the use of a product or substance within the control of the CPSC.

-When did the incident occur?

-Who is reporting the incident - consumer, public safety entity, government agency, health care professional or child service provider?

-Name, telephone, mailing address, and email address of submitter of the Report.

-Victim's contact info and name.

-Documents and photos which identifies the product or manufacturer.

-What were the injuries and what medical treatment was received?

-Does the submitter want the Report in the Database?

-Will the submitter provide their contact info and name to the manufacturer or private labeler
identified in the Report?

-Verify the truth and accuracy of the info in the Report.

CPSC will then evaluate the Report, have up to 5 business days to communicate legitimate Reports to the manufacturer, allow the manufacturers up to 10 business days to respond and then post the Report and the manufacturer’s response on SaferProducts.gov.

Consumers must provide factual and accurate information to CPSC. Incomplete or inaccurate Reports can not be published. And confidential information in a Report will be removed prior to it being posted.

"I believe that an informed consumer is an empowered consumer," added Chairman Inez Tenenbaum. "The ability for parents and consumers to search this database for incidents involving a product they already own or are thinking of purchasing will enable them to make independent decisions aimed at keeping their family safe."

Since the end of January, CPSC started to register businesses online, and to test the system began accepting Reports through SaferProducts.gov. To date, nearly 1,500 reports have been filed online by consumers. Approximately 1,400 manufacturers have registered on the Business Portal. This allows them to promptly get a copy of a Report about their product via e-mail. Reports accepted prior to the "go live" date were processed internally by CPSC and could not be seen by the public.

"We will continue to accept written, phone and fax Reports, as we have for decades," said Chairman Tenenbaum. "What is new and significant today is that we are launching an up-to-date system for letting consumers review safety reports alongside manufacturer comments about those Reports."

Continue reading " Faulty consumer products a high risk of personal injuries in West Palm Beach " »

West Palm Beach nursing home neglect lawyers know the stress a family goes through when they discover their parent or loved one is being neglected or abused in a nursing home or assisted living facility. We expect elder care facilities to treat our elders as if they were their own relatives, but the reality is nursing home abuse and neglect in Miami and elsewhere occurs more frequently than we like to think. If you suspect abuse or neglect at a nursing home, the advice of a legal professional can help you sort out the appropriate steps to take in order to prevent further injury or abuse in the future.

It doesn't appear we can any longer count on state lawmakers to protect our elders, according to a recent article in Orlando Sentinel. The state is cutting back on requirements for the nursing home industry, which include less staffing and doing away with watchdog programs. Watchdogs are the only voices that speak up on behalf of elders who are abused and neglected, so taking them away will be detrimental. The head of the watchdog program was recently let go by our elected governor after reporting several incidents of neglect and hygiene deficiencies in facilities throughout the state.

The watchdog program has proven highly effective and cost-efficient in the last couple of years. More than 400 volunteers would go out to nursing homes and assisted living facilities to investigate on behalf of the senior citizens who reside at them. The program conducted more than 9,000 investigations, a record high in one year, and received a 98-percent satisfaction rating.

As we posted previously on our South Florida Injury Lawyers Blog, nursing homes and
elder care facilities are one of the most profitable industries in the state due to the high number of older adults who end up moving there when they can no longer take care of themselves. Members in the industry are looking to cut corners at the expense of the elders who can't defend themselves or who are too scared to speak up. The nursing home industry has become big business with the top five chains controlling more than 200,000 beds in thousands of facilities throughout the U.S.

Choosing the right elder care facility can be a difficult process for both you and your loved one. The following are some tips that could help you make the right decision:

-Visit Medicare.gov as a resource for finding the right home, compare different facilities and print off a checklist to assure nursing homes you visit are of good quality.

-Make arrangements to visit several nursing homes in order to get a feel for their cleanliness, caretakers, personalities and living environment.

-Ask a lot of questions, especially if your elderly loved one has specific needs.

-Discuss the facilities with your loved one after you visit to get his or her opinion on which one they liked best. It is important that you and your loved one agree and both feel good about which facility they will live in.

Continue reading " State loosens regulations on nursing home industry, which could lead to more cases of elder abuse and neglect in West Palm Beach, elsewhere " »

The U.S. Consumer Product Safety Commission’s (CPSC) Pool Safely: Simple Steps Save Lives campaign is under way. TV and radio public service announcements review various water safety tips that will help save lives.

Our Palm Beach personal injury lawyers know the dangers of pools and spas and are not surprised by CPSC's announcement that there have already been 37 drowning and 38 near-drowning incidents reported nationwide this year.

The CPSC Pool Safely campaign is a first-of-its-kind national public education attempt to decrease child drowning accidents and near-drowning incidents in pools and spas across the country.

"As the summer swimming season approaches, our message to parents and caregivers is simple: stay safe in and around pools and spas by practicing as many safety steps as possible. This includes staying close to children at all times, knowing water safety skills like CPR, and ensuring anti-entrapment drain covers are installed in all pools and spas," said Inez Tenenbaum, Chairwoman of the CPSC.

The TV PSA features four families that were spared the agony of losing a child by the use of door alarms, fencing around pools and spas, knowledge of CPR and safety drain covers. The radio PSA promotes how important it is that everyone knows how to swim.

"So many of the drowning and near-drowning incidents that happen every year are preventable and every drowning and near-drowning is a terrible tragedy," Tenenbaum said.

Pool safety tips:

Be Responsible
-Stay with your child at all times when they are in or near a pool or spa. Never leave them unattended.

-Teach children basic water safety.

-Keep children away from pool drains, pipes and other openings to avoid entrapment. (See previous blog Pool and Spa Drain Accidents a Danger from Fort Lauderdale to Fort Pierce )

-Keep a phone close at all times when using a pool or spa.

-Always look in a pool or spa first if a child is missing.

-Share your knowledge of safety instructions with friends, family and neighbors.

Be Knowledgeable
-Know how to swim.

-Know how to perform CPR on children and adults; update your skills regularly.

-Know what to do so you can assist in a pool emergency.

Be Equipped
-Four-foot fencing should be around any pool or spa, with self-latching and closing gates.

-Install pool and door alarms if your house acts as the fourth side of a fence that is around a pool or spa.

-Make sure pools and spas that you use have compliant drain covers.

-Pool and spa coves need to be in good condition.

-Keep life saving equipment like poles and life rings in close range.

Continue reading " Pool Safely PSA aimed at reducing pool accidents in Palm Beach, Fort Lauderdale " »

Temperatures rise high during the summer months, so caregivers, babysitters and daycare centers should be aware of the risk of children suffering from hyperthermia in Miami, West Palm Beach, Margate and elsewhere throughout the state. Children under 14 are most at risk of hyperthermia when left in a vehicle alone, which is a common cause of death for children throughout the country.

Our Fort Lauderdale car accident attorneys know that hyperthermia often leads to more serious symptoms like heat exhaustion, heat stroke, or heat-related illnesses, which can be fatal. Keeping the body cool is often achieved by sweating, but small children don't cool as easily in most cases. Life-threatening temperatures in idle vehicles can be reached pretty quickly. Child caregivers of any type have a responsibility to keep your child safe. Schools, daycare centers, babysitters and au pairs could be considered negligent if your child experiences a heat-related illness under their watchful eye, so contact a legal professional to get all your questions answered.

The Department of Geosciences reports on hyperthermia deaths of children in vehicles. The department reports two heat-related deaths in 2011 from children left in cars. In 2010, there were 49 fatalities. From 1998 until 2010, 496 children died from hyperthermia after being left in an unattended vehicle. There are three leading circumstances in which children have been left in the vehicle unattended. It has been found that 51 percent of deaths (253 children) have occurred because the caregiver forgot the child. In 30 percent of incidents (150 fatalities) children were found playing in an unattended vehicle. Sadly, 17 percent of fatalities (86 children) were when a child was intentionally left in the vehicle by an adult.

Last year, Florida reported six hyperthermia deaths of children left in vehicles. In 2009, there were nine reported heat-related deaths of children in vehicles. Florida is the second most dangerous state behind Texas in reported child vehicular hyperthermia deaths. From 1998 to 2010, Florida reported 56 fatalities, while Texas reported 71.

The National Highway Traffic Safety Administration offers the following tips to reduce the risk of hyperthermia:
-Call a local emergency number or 911 if you see a child left alone in a vehicle without supervision.

-Cool the child quickly if you see any of the following symptoms: red, hot or moist skin, nausea, slow weak pulse, rapid heartbeat, or an inability to sweat.

-Children should never be permitted to play in or near unattended vehicles.

-Always check the front and back seat before locking your door and walking away.

-Instruct the school or daycare center to call you if your child does not arrive on time.

-Never leave your child alone in the vehicle while you run an errand. Cracking windows or leaving the air conditioning on still puts them in danger if left unsupervised.

Hyperthermia is a serious danger when children are left alone in vehicles as the average temperature inside the vehicle is typically 20 to 30 degrees hotter than the outside temperature. The costs associated with treatment of a heat-related illness can be unbearable, so contact an experienced child injury law firm to help get you the compensation you deserve if your child suffers a heat-related illness at school, church or daycare center.

Continue reading " Summer heat causes a high risk of hyperthermia for children left in unattended vehicles in Palm Beach " »

As the school year comes to a close, parents have a legitimate concern for their children who ride on school buses. Children tend to get spring fever around this time of year so it is important to remind them about school bus safety in order to prevent them or other pedestrians from being involved in a school bus accident in Port St. Lucie or elsewhere in the state.

Not only do we trust the school system to educate and care for our children during school hours, but most of us rely on them to transport our kids safely to and from school. Palm Beach injury lawyers know that the highest risk of a school bus accident is from 6:30 a.m. to 8:30 a.m. and 2 p.m. to 4 p.m. time periods. Pedestrians in and around schools and walking children are also at high risk.

A recent 6:30 a.m. bus accident at Lake Worth High School has parents thankful their children are safe. The Examiner reports that a bus driver employed by Palm Beach County School District suffered a heart attack and lost control of her bus while going to pick up some kids on her route. Fortunately she didn't have any students on the bus but a bus attendant was on board at the time of the accident. The driver drove into some hedges, through a fence and around a pole before hitting the fence again. The bus attendant managed to pull the emergency break to get the bus stopped. The attendant was not hurt in the accident but the driver was taken to JFK Medical center in critical condition.

In this instance, a poor health condition was the contributing factor causing the accident in which no one but the driver was hurt. However, in many cases the common causes of a bus accident are related to driver inexperience, mechanical issues related to poor maintenance of the bus or driver carelessness. Serious injury and even fatality can occur from these kinds of causes which direct negligence towards the school bus operator or the school system who employs the drivers.

Continue reading " School bus accidents in Port St. Lucie often caused by operator negligence, contact an experienced law firm immediately " »

Automobile technology is helping to reduce pedestrian fatalities, reports the Insurance Institute for Highway Safety (IIHS).

Our Fort Lauderdale accident attorneys warn that relying on technology isn't the best way to avoid a Palm Beach pedestrian accident.

According to the IIHS study, the two most likely scenarios for a vehicle hitting a pedestrian are when pedestrians cross the street and when vehicles are coming straight at them. The Institute feels strongly that vehicles equipped with forward collision warning systems with pedestrian detection can greatly reduce these types of collisions. This technology exists and can be found on several models including the Volvo S60 sedan. Volvo feels this technology has the potential to decrease pedestrian deaths by about 24 percent if installed in all vehicles. Several European automakers including Subaru, BMW, Audi and Mercedes are making vehicle design improvements to help reduce injuries to pedestrians. Technology is available today that recognizes bicyclists and pedestrians and applies the brakes automatically if the driver doesn't react to a situation. There is even night vision technology that will protect pedestrians at night.

In 2009, pedestrian's deaths accounted for 12 percent of all traffic fatalities according to
the National Highway Traffic and Safety Administration (NHTSA). They report that 4,092 pedestrians died in traffic accidents and an additional 59,000 were injured. Of Florida's 2,558 traffic fatalities, 466 were pedestrians, ranking them second only to California for being the deadliest state for pedestrians.

Here are some helpful safety tips to remember from walkinginfo.org:

Make yourself visible to drivers.

-Wear reflective material and bright colored clothing.

-Always carry a flashlight if go you for a walk at night.

-Always cross the street in an area that drivers can easily see you.

-Never let obstacles like parked cars or hedges block your view before crossing the street.

Avoid dangerous behaviors.

-Always use the sidewalk.

-Never walk if you are impaired, get a ride.

-Make eye contact with the driver; never assume a driver sees you.

-Always look before you cross the street; you should not rely totally on pedestrian signals.

-Pay attention to backup lights or engine noise in or near parking lots and on-street parking spaces.

Look before you step.

-When possible cross streets at marked intersections or crosswalks.

-Obey WALK/DON'T WALK signs.

-Before crossing any road look left, right, and left again.

-Make sure ALL lanes you must cross are safe before proceeding. Never assume all drivers see you when there are multiple lanes to cross.

-Never talk on the phone or wear headphones while crossing the street

Continue reading " New technology could reduce pedestrian fatalities occurring in Fort Lauderdale car accidents " »

A letter from Governor Rick Scott has declared May as Motorcycle Safety Awareness Month. Actually, it’s a national awareness but motorcycle enthusiasts in Florida are particularly vulnerable as officials work to reduce the risk of West Palm Beach motorcycle accidents.

We gave recognition to Bike Week back in March on our South Florida Injury Lawyers Blog in hopes of getting motorists and motorcyclists to share our roadways in harmony.

Fort Lauderdale motorcycle accident lawyers once again want to urge all drivers to ensure the safety of everyone by being safer drivers.

For the first time in over a decade motorcycle fatalities were reportedly down in 2009 according to the Governors Highway Safety Association. Florida dropped by over 100 deaths from 2008 to 2009. It is too early to tell but with surging fuel prices and recovering economy whether the state will again see an increase in motorcycle fatalities for 2011.

The message is clear for Motorcycle Safety Awareness Month which is "Share the Road with Motorcycles." Naples News offers the following safety tips for drivers who want to avoid colliding with a motorcycle:

-Check mirrors and blind spots by physically turning your head before making turns or changing lanes.

-Allow at least a 3 to 4 second distance between you and the motorcycle in front of you in order to allow ample time to stop in emergency situations.

-Sharing a lane with a motorcycle is dangerous so always allow a full lane width for them to travel in.

-Turn signals on motorcycles are not self-canceling so never trust that a bike is turning until you actually see it making the turn. On the flip side, be sure to use your turn signal to indicate to other drivers that you are turning or changing lanes.

-Don't get distracted or react to other aggressive drivers on motorcycles. Stay in one lane and let the aggressive driver go around you to avoid a road rage incident, which could lead to serious injury.

Continue reading " Motorcycle Awareness month aimed at reducing West Palm Beach motorcycle accidents " »