Articles Posted in Personal Injury

Just before 10:00 a.m., emergency responders headed to the 8820 block of Northlake Blvd west of the Bee Line Highway after a John Deere Bush Hog lawnmower was involved in an accident with a motor vehicle. According to CBS12, firefighters were forced to close the eastbound roadways for close to two hours to clean up the mess and to clear out some hydraulic fluid that leaked from the tractor. One of the victims in the accident was taken to Palm Beach Medical Center and treated for various injuries.

Our Palm Beach personal injury attorneys understand that lawn mower accidents are unfortunately not uncommon here in the Sunshine State. While many of us see mowing the lawn as just another house chore, we too often overlook the dangers that are involved in this everyday activity.

Remember the little Palm Harbor girl who lost her feet back in April because of a lawn mower accident? Her father accidentally backed over her while he was moving the lawn. According to the Huffington Post, doctors were recently able to attach prostheses to her legs. Experts at Prosthetic and Orthotic Associates had warned that the girl, like most toddler patients, might be unwilling to walk with her new legs and feet.
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If you want to avoid death by injury, your best bet is to live in a large city, reports The New York Times. According to a recent study published in The Annals of Emergency Medicine, researchers looked at close to 1.5 million injury fatalities in more than 3,000 counties across the country from 1999 to 2006 and categorized each area by a 10-point urban-rural scale. It organized these areas by both proximity to metro areas as well as population density.

The conclusion drawn indicated that as counties became more rural, the death rates increase accordingly. Most commonly, the injuries and fatalities in these areas were the result of gunshots and car accidents. Fatal accidents were almost three times more likely in rural cities. On the other hand, the risks for fall-related and poisoning accidents were lower in rural counties. Homicide was more likely in urban areas.

Our Stuart City personal injury attorneys understand that cities may be the safest place to avoid injury, statistically speaking. But the risks for injury and even death are always present on the road. Everyday tasks come with some serious risks and that’s why it’s always important to be cautious.

Avoiding Car Accidents:

-According to the Florida Safety Council, wearing a seat belt is your best defense against injury and death in the event of an accident.

-Know your rights and responsibilities. Know the road laws, abide by them and have courtesy for other drivers.

-Avoid drinking and driving. It’s not only illegal, it’s dangerous.

-Be cautious in heavy, fast-moving traffic. Put down the distractions and keep your full attention on the road.

Avoiding Poisoning Incidents:

-Read labels and make sure hazardous products (like cleaning supplies, pesticides, pool chemicals and medications) are kept away and locked up from children.

-Always keep dangerous products in their original containers so their easily identified.

-Don’t tell children that medication is candy. That only sets them up to crave it in the future, even when you’re not around.

-Keep the phone number for the Poison Help Line accessible (1-800-222-1222). Make sure that caregivers and babysitters know what it is and where do find it in the event of an emergency.

Gun Safety:

-Never store or handle a loaded firearm in the home. Tragedy can occur with just one instance of negligence.

-Make sure that the trigger is always locked. It’s also important to keep it in an area where children cannot access.

-Keep ammunition and firearms safely locked in separate areas.

-Do NOT point a gun at someone you don’t intend to shoot. Even if you’re sure that the gun is unloaded, you never want it to face another person.

-Educate everyone in the home about firearms safety – especially children.

City or not, you want to make sure that everything you do is done with the safest of intentions. Safety never takes a day off and neither should you.
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Following a three-vehicle accident involving a beach trolley in Fort Lauderdale, five people were injured. According to the Sun Sentinel, the accident happened just before 7:00 p.m. on Seabreeze Boulevard. Those injured were transported to Broward Health Medical Center were all passengers on the trolley. One was a trauma alert, he said.

When the accident happened, the trolley ran up over a curb and slammed into a residential building. Luckily, no one in or around the building was injured. The accident is still being investigated.

Our Fort Lauderdale personal injury lawyers understand that the trolley provides us with a cheap (and sometimes even free) way to get around. Many of the routes will cost you nothing, or $.50 at most. Unfortunately, it comes with some serious risks too, if operators are not careful. These trollies are run by the city and provide routes to some of the areas hottest locations, including the most popular from Las Olas Blvd to the beach and back.

While these modes of transportation are usually safe, there is always that instance when disaster can strike. In these cases, you want to be sure that you’re ready and prepared.

Consider reading and following these safety tips to help ensure a safe ride:

-Never eat or drink inside a trolley. Not only is it not allowed, but it can cause you to lose attention to your surroundings and could possible cause an accident.

-Avoid using earphones. Not only do you want to avoid bothering your trolley neighbor with your blaring music, but you also want to be able to hear what’s going on around you.

-If you spot any suspicious activities, make sure you report them to the conductor or to authorities.

-Be sure to grab your seat as soon as you jump on board, once you’ve paid your fare. If there are no seats available, hold the handrails provided for your safety.

-Take your time and be cautious when getting on and off the trolley.

-Watch your step closely and make sure you have a firm footing when getting on or off.

-Always hold onto your children’s hands when waiting for a trolley.

-Don’t stand near or distract your operator while the vehicle is moving.

-Do not run for buses, trains, trolleys or attempt to board a moving vehicle. Passengers could be seriously injured or even killed if they fall into or under a vehicle.

-In the event of an emergency, remain calm and don’t panic. Follow the instructions of the operator or rescue personnel.

Remember that trolley crashes can cause life-threatening injuries and serious trauma that can include financial damage to victims of negligent drivers. Those who have been injured in these kinds of accident must deal with large and unforeseeable medical expenses, loss of wages, pain, suffering and loss of quality of life.
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A traumatic brain injury (TBI) can have serious and lasting consequences. For victims, damage can be substantial, resulting in memory loss, personality disorders, mood swings, and lost brain function. In addition to the immediate physical consequences, new studies have linked brain injuries to strokes. According to research, victims of TBI could face the additional risk of stroke long after the accident.

Brain injuries are often caused by falls, sports, car accidents, and other trauma. Our West Palm Beach brain injury attorneys are experienced in protecting the rights of our clients and in helping families recover adequate compensation to cover medical expenses for long-term care, as well as other damages in the wake of debilitating injury.

New research indicates that victims of TBI risk not only the immediate consequences of a brain injury, but could also risk stroke in their later years. In a study published in the America Academy of Neurology, TBI and stroke were named the leading cause of severe disability in adults. Researchers are seeking to identify factors that may contribute to stroke so that doctors can take preventative measures against stroke and brain damage.

By looking at data collected over the course of 5 years, doctors assessed the medical records of 400,000 patients who suffered from TBI compared with 700,000 patients who did not suffer a brain injury. The findings indicated that patients who suffered from TBI were more likely to suffer from a stroke. Though the majority of strokes afflicted patients over the age of 65, even younger patients are at risk.

Diagnosis and treatment of brain injury can be complicated. Doctors suggest that the relationship between stroke and TBI may have something to do with injury, swelling and the lack of blood flow. Even after adjusting for age, cholesterol and other high risk factors, doctors found that those who suffered TBI were more likely to suffer a stroke.

Both victims of injury and stroke will often face a long recovery. In many cases, the victims will never fully recover from brain trauma or stroke. For families, this often means permanent and long-term care which can quickly be financially ruinous. A victim of a brain injury will require coverage for medical costs, treatment and additional financial support for lost wages. Before settling any legal claim involving brain injury, it is important to consult with an experienced advocate who can properly value your claim and help you get the compensation to which you are entitled.

Brain injuries are not always easy to identify and can take weeks, months, or sometimes years to present. Victims of head trauma should seek medical attention as soon as possible. An experienced medical practitioner can help to identify a brain injury and explore available treatment options. Victims of brain injury who suffered because of an accident may also be able to recover compensation for medical care, pain and suffering, lost wages and other financial losses.
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With the Fourth of July, we can expect lights in the skies and cherished memories with our friends and family members. What many Floridians may not be expecting are the risks for serious firework-related injuries.

Under Florida law, only sparklers, approved by the Florida Division of State Fire Marshal, are legal for consumer usage. It is illegal to use exploding and/or flying fireworks in Florida, which include: shells and mortars, multiple tube devices, Roman candles, rockets and firecrackers. This is why it’s your best bet to go out and catch one of the public fireworks displays in the area for your Fourth festivities.

Our Fort Pierce personal injury lawyers understand that the most dangerous time of the year for these kinds of accidents is during the month surrounding the Fourth of July. During this time, there are 200 people on average each day who land in the emergency room. Luckily, these kinds of accidents can be prevented — even if you are only using sparklers.

Floridians should follow these precautions to help to celebrate safely:

-You should never use sparklers or any other kind of legal novelties on grass. Make sure that you’re lighting these devices on a hard, flat surface.

-You also want to be sure that you’re using these devices in an open area away from trees and other flammable objects.

-You should always keep pets and children at least 30 feet away when lighting a sparkler.

-Never use more than one sparkler at a time.

-If a sparkler has been deemed a “dud,” be sure to discard it immediately. You never want to relight these devices.

-You never want to use any sparklers that have been tampered with or some in an open package. These can be extremely dangerous.

-Always be sure that you have a bucket of water, a hose or a fire extinguisher nearby when operating sparklers.

-When done with a sparkler, drop it inside a bucket of water.

-When purchasing your fireworks, make sure that you only get them from a licensed vendor.

-Keep these fireworks out of the reach of children and store them in a cool, dry area.

-Never place any part of your body directly over a firework or a sparkler.

-It’s not a good idea to carry a sparkler in your pocket.

-Don’t use a sparkler in a glass or metal container.

-Keep an eye on the weather reports. You know of Florida summer weather can be unpredictable. Check the forecast to make sure you’re Fourth of July plans aren’t a washout.

If you’re not sure whether a particular firework is approved for consumer use, the Florida Fire Marshall publishes a full list of legal sparklers each year.

As we said, your safest (and probably most entertaining) option is to check out a professional Fourth of July fireworks show. Be sure to check out the state’s hottest Fourth of July Celebrations.
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Some people enjoying mowing the lawn. Others see it as a chore. But most of us don’t recognize the risks that are involved.

According to FOX29, a Palm Harbor girl is facing serious surgery after losing both her legs in a recent lawnmower accident. This is her fourth surgery. It happened when her father backed over her while he was mowing the family’s lawn. So far, there has been about $15,000 raised to help the family cover the medical bills, but there’s a lot more needed. A charity has donated a lifetime of top-quality prosthetics.

Our Weston personal injury attorneys understand that, for about 70,000 people this year, mowing the lawn will turn into a brush with death or serious injury. According to the Consumer Products Safety Commission (CPSC), roughly 800 children are run over by riding lawnmowers or small tractors each year. Overall, about 75 are killed and other 20,000 are injured. One out of every five of these accidents involved a child.

Lawnmowers come equipped with steel cutting blades that spin at more than 2,000 revolutions a minute. Depending on how long that blade is, the tip can be moving up to 200 miles per hour.

“The energy transferred by a typical lawnmower blade is equivalent to being shot in the hand with a .357 magnum pistol,” reports the American Academy of Orthopaedic Surgeons.

Risk of injury involving lawnmowers comes from more than just contact with the blade. You also have to worry about flying rocks, sticks and other materials, fires ignited by the gasoline, dangers involving tipping the mower, losing control of it and even hot surfaces from the mower’s engine.

You want to stay safe while using a lawnmower. Your first step should be making sure that the mower is in good working condition. When something breaks or stalls, you should always have is professionally fixed. You should also follow these tips:

-Never operate your mower without the proper safety equipment.

-Stay aware of the dead-man switch.

-Make sure you’re always dressed appropriately. Always wear full shoes and safety glasses.

-Before you start on your yard, make sure you do a quick run through to make sure that there is no debris on it.

-Always stay aware of your surroundings. You especially want to keep an eye on kids. Never let anyone get near while you’re operating the lawnmower.

-Never allow children to ride on the lawnmower.

-Never allow children under the age of 12 to operate a walk-behind lawnmower (American Academy of Pediatrics).

Some of the most common results from these kinds of accidents are amputations. Each year, there are thousands of amputations performed because of accidents involving children. These amputations oftentimes happen to the hand, arm, foot or leg.

Lawn mowing might seem like a chore — but it’s a dangerous one. Make sure you’re focused and safety is your number on priority while cutting the grass. Don’t focus on how quickly you can get it done. Focus on how safely you can get it done.
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The month of March brings visitors from around the world to our South Florida beaches. Unfortunately, many beachgoers are unaware of the risks that are involved with a day at the beach.

Take riptides for example. These tides are strong undercurrents that have the ability to carry you out to sea. Swimmers are urged to stay away from calm, murky waters that have wave action on either side. If you get caught up in a riptide, don’t panic. Your best bet is to swim parallel to the shore and ease your way out of the current. Swimming perpendicular to the current won’t get your very far and it will only tire you out.

Our Boca Raton injury attorneys understand that riptides may be the least of some spring breakers worries, but the truth of the matter is that they’re some of the most serious risks. In addition to that, we’ve also got to be on the lookout for underage drinking, date rape as well as pedestrian and bicycle accident risks. It might be all fun and games, but it’s important that we keep safety in mind during our fun-in-the-sun festivities.

Underage Drinking:

According to the Centers for Disease Control and Prevented (CDC), close to 40 percent of high school students have consumed some amount of alcohol in the last month. To make it even worse, more than 20 percent binge drank, close to 10 percent drove after consuming alcohol and about a quarter have rode with a driver who had been under the influence. Just because our teenagers can’t legally purchase and consume alcohol, it doesn’t mean that they won’t.

Date Rape:

Another important issue during spring break is date rape, but more specifically date rape through rape drugs. Drug-facilitated rape typically involves the use of a the “date rape drug” and/ or alcohol. It’s alarmingly common. According to recent studies with The Center for Women and Families, alcohol is the number one drug used to facilitate a sexual assault. To help to avoid these circumstances, make sure that you never accept a drunk from an open container or from someone you don’t know. You never want to leave your drink unattended. It’s not even a good idea to have someone you know watch it for you. Always keep it with you, in your possession and in your line of sight. Don’t think putting a napkin over your glass protects you from date rape drugs. Keep your glass in your hand at all times.

Pedestrian and Bicycle Accidents:

It’s South Florida — we all want to be outside in the warm sunshine. This is why we have a lot of bicyclists and pedestrians along our roadways. Year round, but especially during this time of the year, we see a lot of pedestrian and bicycle accidents. Make sure you’re keeping an eye out for these travelers. Many of them may not be familiar with the area. Stay one step ahead of them — not only to help to keep them safe, but to help to keep yourself safe as well.

Have a wild spring break, but have it safely.
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There is no question that Florida Highway Patrol troopers had no control over the weather early that January morning last year. But what has been debated and parsed in the aftermath of the six crashes and explosions that left 11 dead and 24 injured is whether the agency’s decision to re-open the highway was the sole fatal mistake.

Our Palm Beach County personal injury lawyers remember there had been reports of a wall of dense fog, compounded by the smoke from a nearby brush fire, just outside of Paynes Prairie State Preserve. Visibility was near zero, which was the reason the highway had been closed in the first place. It had slightly improved, but a sergeant argued strongly against re-opening the road, saying if the visibility dropped there wouldn’t be enough time to close it again. However, a lieutenant, backed by transportation and forestry authorities, decided otherwise.

The two dozen-car pileup happened around 4 a.m., just minutes after that fateful call.

The Florida Department of Law Enforcement had cleared the agency of any criminal wrongdoing last spring, adding however that it was an undeniable error in judgment.

Now, just shy of that January 29 anniversary, the FHP has released its own report, indicating that it was not to blame, and that drivers were either fatigued or speeding or in a few cases, even impaired. The report added that some of the individuals who were killed would have been charged with DUI manslaughter, had they survived.

However, this has not deterred survivors and family members of those lost from filing notice that they plan to sue the state for negligence. We would say these cases are likely quite strong.

While the investigation found that drivers should have had enough time to react to the situation, those who were there say otherwise. As one truck driver told investigators, one moment, he could see perfectly. The next, he said, it was as if he had entered a white blanket.

Still, the agency said it has already improved additional safety measures and plans to implement more in the future. So far, it has reviewed and updated all of its road closure policies. From now on, there will be a watch supervisor over each troop who will be responsible for the final decision on such matters. Additionally, some 6,000 Florida Turnpike Enterprise radio communications members and reserve troopers were given training on road closure protocols. The agency is also teaming with state forestry officials to conduct yearly reviews of road closure procedures. Additionally, four cities known for a high number of fog incidents will be inundated with public awareness about reaction to fog.

Meanwhile, the state Department of Transportation has allocated about $4 million to improve the road and safety conditions along the portion of the highway where the wrecks occurred. Those will include visibility sensors, more message signs, permanent closed-circuit cameras, vehicle detectors and infared cameras. Of course, it’s worth noting that the federal government has been recommending such measures on roads prone to fog for at least two decades.

It shouldn’t have taken this tragedy to make all of that a reality. But we do hope it’s effective in preventing such a horrific recurrence.
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A Christmas Day ATV accident claimed the life of a young Fort Lauderdale man. The 20-year-old was riding his all-terrain vehicle (ATV) when it collided with an SUV. According to CBS Miami, it happened at the intersection of NW 8th Avenue and NW 5th Street just before 2:00 p.m.

The young rider was on his ATV when he slammed into a Tahoe driven by a 57-year-old local man. According to the Fort Lauderdale Police Department, the ATV was heading west on NW 5th Street. As he attempted to cross through the NW 8th Avenue intersection, the ATV struck the front passenger side door. The victim was thrown from the ATV upon impact. He was taken to Broward Health Medical Center where he was later pronounced dead. Investigators have yet to determine who is at fault in the accident.

Our Fort Lauderdale personal injury attorneys understand that South Florida is a popular place for ATV and other off-road activities. Unfortunately, it’s also a popular place for accidents, too. Those who are riding new ATVs after the holidays should be particularly cognizant of the risks.

According to ATVSafety.gov, there were more than 315 people killed in ATV accidents in the U.S. in 2010. In addition to these fatalities, there were another 120,000 injured. From 1982 to 2010, there have been more than 460 people killed in these kinds of accidents in the state of Florida.

Florida ATV Laws:

-ATVs that operate on public land are required to be titled. However, there are no registration requirements.

-Riders who are under the age of 16 are required to wear a helmet and eye protection while riding.

-ATVs are not allowed to drive on paved roads.

If you’re going to be riding an ATV, you’re urged to complete an ATV safety training course. Drivers who have this training and experience typically have lower accident and injury risks than those who don’t. It’s also important that you’re wearing the proper safety gear. Wearing a helmet greatly reduces your risks of injury. When looking for a helmet, it’s important that you choose a motorcycle or other motorized sports helmet. You also want to make sure the helmet is certified by the U.S. Department of Transportation (DOT) and/or the Snell Memorial Foundation.

You should never drive an ATV with a passenger. Most ATVs are designed for only one person. Drivers need to shift their weight when steering and maneuvering. This can be difficult with a passenger riding along.

Don’t ride ATVs on paved road. They’re not made for it and they can be difficult to control. Accidents with cars and other vehicles also can be deadly. As a matter of fact, many fatalities involving ATVs occur on paved roads.

Recently, the growing popularity of ATVs and the increasing size and power of the vehicles has led to concern over injury risk. Be safe out there and take all of the proper safety precautions to help to reduce your risks of an accident.
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The U.S. Consumer Products Safety Commission (CPSC) has issued a warning to parents, caregivers, hotels, resorts, businesses and other establishments. Responsible parties must make sure that they secure, anchor and stabilize TVs, furniture and other large appliances. By securing these devices, we can help to reduce the risk of tip-over accidents. Oftentimes, our little ones are using tables and dressers to climb to the devices and when a tip-over accident results — it can be tragic!

Our Martin County injury attorneys understand that nearly 350 people were killed in the last decade because of these kinds of tip-over accidents. Thousands more are injured every year.

More than 80 percent of the victims in these accidents were kids who were under the age of 9. Just last year, we recorded the highest-ever number of fatalities from tip-over incidents. There were more than 40 recorded in just one year. That’s 10 more fatalities than from the previous year. Officials suspect that this number could increase as more reports trickle in.

“I urge parents to anchor their TVs, furniture and appliances and protect their children. It takes just a few minutes to do and it can save lives,” said CPSC Chairman Inez Tenenbaum.

The news gets even worse. Officials with the CPSC also estimate that there are close to 45,000 people who are injured in these kinds of accidents every year, too. Close to 60 percent of these injuries occur to residents who are under the age of 18.

What Causes These Accidents? According to the most recent statistics, about half of the accidents that leave a resident with an injury are caused by falling furniture. The most common type of accident to cause death is when a television falls onto someone. These incidents account for more than 60 percent of all tip-over fatalities.

A child against a dresser is no fair match. It’s the same unfortunate match up when comparing a small child to a television or a wall unit. When children are lucky enough to survive these kinds of accidents, they’re oftentimes left with serious head injuries and other crush-related injuries. In more than 55 percent of the reported fatalities and close to 40 percent of the reported injuries, the child was actually hit in the head by the falling item.

A common problem in American households is that many families are making the move from those old-school, bulky televisions to the sleek flat screens. When families upgrade, the large TVs are usually moved to spare bedrooms and to children’s rooms. They are hardly every properly secured, increasing the risks for a tip-over accident. Recent statistics prove that most of these accidents did in fact happen in bedrooms — 40 percent in bedrooms and less than 20 percent in living or family rooms.

Tips to Prevent Tip-Over Accidents:

-Secure furniture to the floor or to the wall.

-Make sure that all televisions are on low, sturdy bases.

-Push TVs as far back into a dresser or table as possible.

-Keep toys, remotes and other child objects off of TV stands and away from furniture.

-Place cable and TV cords out of sight and out of reach.

-Supervise children in areas where these safety precautions have not been taken.
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