South Florida Injury Lawyers Blog

Published on: May 30, 2013

Drowsy Drivers A Risk to All Florida Travelers

We’ve all been there before — driving down the road, struggling to keep our eyes open. Did you know that it’s that exact scenario that led to more than 11,000 fatalities in the last decade?

According to Yahoo News, it’s a problem that can’t really be detected. We’ve got breathalyzers and blood tests to determine if a driver is under the influence of alcohol or drugs. But there’s nothing to detect sleepiness. And what’s even worse is that drivers aren’t likely to admit that they were in fact drowsy when an accident happened.

Our Stuart City car accident lawyers understand that officials have tried to combat this problem by enacting laws to limit the number of hours drivers spend behind the wheel in one day. The problem here is that it’s the same drivers who are reporting their work hours. Authorities had long known many aren’t willing to be truthful in reporting.

In the state of Florida, we have the “Ronshay Dugans Act” proclaiming the first week of September “Drowsy Driving Prevention Week.” During the week, the Department of Highway Safety and Motor Vehicles and the Department of Transportation are encouraged to educated the law enforcement community and the public about the relationship between fatigue and performance and the research showing fatigue to be as much of an impairment as alcohol and as dangerous while driving a motor vehicle.

But, with the topic in the news, the beginning of summer is an apt time for this important reminder.

According to the National Highway Traffic Safety Administration (NHTSA), there are small fixes for this problem. If you start to feel sleepy behind the wheel, you can refresh your energy by drinking two cups of coffee and then taking a 15- to 20-minute nap. This can refresh some drivers for a short period of time. On the other hand, many believe that opening the window or cranking up the music is enough to wake them up behind the wheel. And they couldn’t be more wrong.

Your best way to avoid getting drowsy behind the wheel is to make sure you’re getting regular, scheduled rest. This is especially important before taking a long road trip. You should be getting at least 8 hours of sleep each and every night. It’s for your health.

The Centers for Disease Control and Prevention (CDC) estimates that close to 40 percent of U.S. adult drivers have nodded off or fallen asleep behind the wheel at least once in the last 30 days.

“It’s just as bad as drinking and driving. As far as public awareness, drowsy driving is in the dark ages compared to that, but it’s just as dangerous,” said Mark Rosekind with the National Transportation Safety Board (NTSB).

It’s important that we raise awareness about this issue. A sleepy driver is a danger on our roadways. Sleepiness behind the wheel is a quick and sure way to get into an accident. Be safe and be alert out there as the summer travel season gets underway.
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Published on: May 27, 2013

Florida: A Deadly Mix for Bicyclists

By Dean Freeman

In 2011, Florida saw more bicyclist fatalities than any other state in the country. We saw close to 150 bicyclist fatalities here in 2011, according to the National Highway Traffic Safety Administration (NHTSA). It’s no wonder we ranked as 31st on the annual rankings bestowed by the League of American Bicyclists.

Educating people about the importance of bicycle safety here in the Sunshine State should be a top priority of transportation officials. While we didn’t completely bomb our evaluation from the League of American Bicyclists, there were some definite areas where we could show improvement.

Our Fort Lauderdale bicycle accident attorneys understand that biking is becoming more and more popular among residents and visitors with each passing day. We’ve even got Broward B-Cycle to help promote this form of transportation. If you haven’t heard of this program, you should know that it’s been deemed as “the best way to explore South Florida.” It’s a bike sharing program. It makes it economical and convenient to use bikes for trips that are too far to walk but too short to drive. As a member, you can use a B-cycle to run an errand, grab lunch, travel from the bus stop to your office, or just get some fresh air. There are as many reasons to use a B-cycle as there are members!

But there’s no use in bicycling if it’s not safe. And officials with the League of American Bicyclists say that there are a number of safety areas in which we can improve. The first problem we have is that there aren’t tough enough road laws, meaning the penalties aren’t tough enough for a motorist who injures or kills someone who is out walking or biking. There also is no law that would allow transportation officials to post 20 mph or lower speed limit signs in specific (and vulnerable) areas.

As you may know, our state is awaiting the finalization of a distracted driving law. As it stands now, drivers are allowed to talk on their cell phones and text message behind the wheel. Unfortunately, these circumstances cause for quite a number of pedestrian and bicycle injuries and fatalities. Drivers just aren’t paying attention.

Another area in which we’re lacking is that we don’t have a website with available resources for those curious about bicycle bike routes, planning documents, touring, commuting and other such information.

Bicycle advocates are also saying that Sunshine State lawmakers should consider spending more federal funds on bicyclists and pedestrians. They’re also hoping that we adopt a federal funding project by rating criteria that incentive bicycle projects and accommodations.

Until our lawmakers can get their act together and put bicyclists first, our two-wheeled friends must rely on us. Remember to always be on the lookout for these vulnerable travelers and remember that they have the same rights to our roadways as we do. It’s time we respect those rights.
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Published on: May 23, 2013

“Silver” Rating Protecting Elderly Drivers in Broward, West Palm Beach

By Dean Freeman

We’ve got to keep an eye on the elderly drivers in our family and now that concern has prompted the proposal of an additional new-car rating from officials with the National Highway Traffic Safety Administration (NHTSA).

To help keep older drivers safer behind the wheel, advocates are proposing a new safety rating for older drivers. It’s the “silver” rating and it’s going to be used to assess the safety and accessibility of vehicles for senior citizens, according to The Washington Post.

Our Broward car accident lawyers understand that users would still access the current 5-star rating — in existence now since 1978. There will just be more features and ratings available. And this is especially important when we’re looking at older driver. We understand that it’s just the test of time. With age comes deteriorating senses. We’re slowly seeing a decline in our sight, hearing and flexibility. It’s a fact of life, but we have to learn how to embrace it by making sure we’re safe at all times.

So where have all these older drivers come from? According to researchers, it’s all a part of the “silver tsunami.” We’re referring to the tidal wave of older baby boomers now hitting the doors to retirement. As a matter of fact, the AARP reports that less than 20 percent of all licensed drivers in the country are currently 65 and older. But that’s a number that’s going to get much bigger in the near future. Data shows that there is going to be well over 55 million elderly drivers on our roadways in 2030, compared to less than 40 million today.

So why the silver rating? Older riders are more likely to be injured or killed in the event of an auto collision. With age, our bodies are frailer and more susceptible to injury. This is why it’s so important that we’re all equipped with a vehicle that fits us and meets our needs. With this new rating, elderly drivers will be able to choose a vehicle that’s safe for them.

The only worry there is that vehicles will be stereotyped and the ratings will backfire. No one wants to be caught in an “old person car.”

But what are these features that can benefit our aging drivers? There’s easy-grip steering wheels, push button start systems and even automatic seat belts. And with each feature, we’re helping to decrease their risks for injury or death in the event of an accident.

And that’s a pretty serious deal, considering there were 5,401 people age 65 and older were killed and 185,000 were injured in motor vehicle traffic crashes in the U.S. in 2011. According to the NHTSA’s latest statistics, 17 percent of all traffic fatalities in the United States were among people age 65 and older. In the state of Florida, there were close to 450 traffic fatalities among those over the age of 54 in 2011.
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Published on: May 18, 2013

South Florida Hospital Infections a Growing Concern

By Dean Freeman

The term “superbugs” sounds like something out of a horror movie, but in fact superbugs are very real. Superbugs are antibiotic resistant infections that are tough to kill. The most famous and well-known superbug is called MRSA, which stands for methicillin-resistant staph infection. However, there are also other superbugs and they may be in a hospital near you.

Our West Palm Beach medical malpractice lawyers know that thousands of patients are killed or made ill each year as a result of the presence of hospital infections. Unfortunately, hospitals may not have financial incentive to do anything about this problem. This is why it is so important to take legal action for malpractice if you or a loved one gets an infection because a hospital fails to provide reasonable care.

Superbugs Present a Danger To Patients

The risk of developing an infection in a hospital is a very real one for patients. In fact, a recent USA Today article indicated that one out of every 20 patients who goes to a hospital will develop an infection. Of the patients who develop infections, around 100,000 will die each year.

Hospital Infection.org suggests that these deaths are just the tip of the iceberg, as another 2 million people each year come down with infections that cause sickness but not death.

While there are a wide variety of infections that can develop in a hospital, some of the superbugs causing concerns in recent months include:

Clostridium difficle (C-diff). This infection caused an estimated 14,000 deaths in hospitals in the United States just last year.
A “nightmare” bacteria that has been found in more than 200 U.S. hospitals in recent months.

The germs that cause these and other infections may be found all over hospitals. No longer are concerns about infection restricted to dirty surgical instruments and unsanitary operating rooms. A contaminated television remote or a dirty bed rail can spread germs.

Are Hospitals Doing Enough?

With thousands dying and millions injured each year, the danger of developing an infection in a hospital could realistically be called a serious public health concern. Yet, the question is: what are hospitals doing to fix the problem?

USA Today reports health facilities are experimenting with some new technologies. Germ resistant copper bedrails and special machines that emit UV light, for example, are just a few of the technologies that hospitals are reportedly embracing in their “germ fighting” efforts.

Yet, embracing new technologies is not nearly enough and hospitals need to act swiftly and decisively to set and adopt policies that could cut the number of infections dramatically. Unfortunately, hospitals aren’t really doing this and there is a good reason why: the status quo is quite profitable.

Hospitals make an estimated $15,275 when a patient is infected and needs treatment. With millions of infections, this means around $30.5 billion in hospital profits each year result from infections.

Unless medical malpractice claims make it really costly for hospitals to allow infections to develop on their watch, hospitals have strong financial incentive to not really do quite as much as they should to make the environment safer for patients.
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Published on: May 17, 2013

Red Light Cameras Solving Accident Mysteries?

By Dean Freeman

One Fort Lauderdale pedestrian is counting his blessings today, as he escaped death from a two-car accident. According to the Sun Sentinel, it was all caught on the intersection’s red-light camera.

The accident happened at roughly 5:00 p.m. at the intersection of State Road 84 and South Federal Highway. According to the company that provides the intersection cameras, the footage was released to show officers just how beneficial the equipment can be when investigating accidents.

But does the good outweigh the bad? Our Lake Worth car accident lawyers understand that these red-light cameras have been in question for quite some time now. Some believe that they’re helping to make our roadways safer, while others argue that they’re only increasing the risks for intersection accidents. The truth of the matter is that red light runners cause hundreds of deaths and tens of thousands of injuries each and every year. In 2011, there were more than 700 people who were killed and another 120,000 who were injured in these kinds of accidents. About half of these fatalities were bicyclists, pedestrians and occupants in other vehicles.

While these cameras help to stop red-light runners, they’re also increasing the risks for a rear-end accident. Drivers are quick to stop at intersections now in fear of getting a traffic citation. But the problem here is that they’re stopping short and we’re seeing more rear-end accidents.

Wondering where the red-light cameras are in the state of Florida? Check the Photo Enforced website for all the details.

A study released this year by the Florida Department of Highway Safety and Motor Vehicles (DHSMV) found that the number of accidents declined at intersections with red-light cameras in 41 jurisdictions – but increased in more than 10. When you break it all down, the number of T-bone accidents are declining, but the number of rear-end accidents are increasing.

According to Florida Today, many believe that these cameras are only installed to help reel revenue for the government. It’s true, there’s a lot of money to be made with these cameras.

More than 2 million police-reported traffic accidents happened near an intersection in the U.S. in 2009. These accidents account for more than 40 percent of all reported accidents for the year. These accidents resulted in more than 81,000 serious injuries and close to 7,500 fatalities.

It’s not about running a red light, or skidding to a stop to avoid a red-light ticket. It’s about entering intersections with the safest intentions. There’s a lot going on in these areas and you’ve got to be on the lookout. Beware of traffic coming in other directions. Expect the unexpected. You can’t rely on the safe driving habits of others at these points of traffic conflict. Make a proactive effort to pass through these crossroads as safely as possible, abiding by all traffic devices.
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Published on: May 15, 2013

Motorcycle Accidents in Focus this May

By Dean Freeman

The Florida Department of Transportation (FDOT) recognizes May 2013 as Motorcycle Safety Awareness Month. Motorcycles can be easily hidden in traffic, so it critical for motorists to watch for motorcycles to ensure everyone’s safety.

“Florida’s mild climate and beautiful scenery make it very attractive for Florida residents to own a motorcycle,” said DHSMV Director Julie Jones.

Our Weston motorcycle accident lawyers understand that the state of Florida was ranked as the most dangerous state in the country for motorcyclist fatalities in 2011. According to the latest statistics from the National Highway Traffic Safety Administration (NHTSA), there were close to 450 motorcyclists killed here in the Sunshine State throughout the year.

There’s plenty going on in the state of Florida during awareness month. Make sure you get out there and get involved to help to make our roadways safer for everyone. You can find the events nearest you by visiting CycleFish.com.

The sad truth of it all is that we can’t always rely on the safe driving habits of others out there. That’s why it’s important that we’re doing all that we can on two wheels to help ensure our safety. One of the best things you can do is strap a helmet on. Riders without a helmet are nearly 50 percent more likely to suffer a fatal head injury in an accident and about 5 times more likely to suffer a brain injury than those who are wearing a helmet.

You also want to make sure that you’re practicing your most defensive driving habits at all times. Stay out of the blind spots of drivers and steer clear of dangerous driving. Safe and defensive driving habits can keep you alive.

Oftentimes, motorcyclists are overlooked out there. You want to make sure that you’re seen at all times. Make sure that you’re wearing bright-colored clothing, your headlights and taillights are working properly and that you’re predictable in traffic. Stay a step ahead of the traffic around you.

As with any kind of driving, it’s important that you stay sober. Each year, we lose thousands of lives as a result of irresponsible and intoxicated driving. Stay sober and stay safe.

In the state of Florida, close to 20 percent of fatalities are motorcycle riders. These travelers account for close to 5 percent of the motoring public. And these accidents have only been getting worse in recent months. As more motorcyclists hit our roadways this summer, the risks for these types of collisions skyrocket.

“It’s a high-fatality type of vehicle,” said Edith Peters, a spokeswoman with FDOT.

Lastly, it’s not a bad idea to enroll yourself in a motorcycle safety course. We’re not saying that you don’t know what you’re doing out there. We’re just saying that it’s a good idea to brush up on your riding skills every once and a while.
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Published on: May 13, 2013

Temorary Workers at High Risk of Injury in Fort Laudredale, West Palm Beach

By Dean Freeman

There are many kinds of jobs out there. One should be no safer than the other. If federal officials have anything to say about it, they’re going to make it safer for temporary workers.

According to the Occupational Safety and Health Administration (OSHA), there’s a new initiative underway to protect temporary employees from workplace dangers, risks and hazards. Officials decided to announce this new initiative during OSHA’s Workers’ Memorial Day event. This is an event that’s used to recognize and pay tribute to workers who have been killed on the job and to help to renew the focus on making our nation’s workplaces safer for everyone.

OSHA officials sent out a memo to regional administrators instructing field directors to look at companies and their engagement of temporary workers. If these workers are present, they’re required to take it a step further and to make sure that the company is complying with their responsibilities under the Occupational Safety and Health Act.

Our Lauderdale work accident lawyers understand that there’s a new code in the books to keep an eye on these temporary workers and to take note when any of them are exposed to health or safety violations. In addition, OSHA inspectors will be looking to make sure that these temporary workers are getting the proper training that they require to complete each job safely. This training should be provided by the employer in a language that the worker can understand.

“Workers must be safe, whether they’ve been on the job for one day or for 25 years,” said Dr. David Michaels with OSH.

Workers’ Memorial Day is a national holiday that was observed on the 28th of April.

But the efforts don’t stop there. In addition to the new enforcement plans, officials with OSHA have started work with the American Staffing Association and different employers who use these kinds of staffing agencies. With this partnership, they’re hoping to promote better practices in working to make sure that temporary employees are safe on the job.

In the last few months, officials with OSHA have received a number of reports about temporary workers who were killed on the job. Unfortunately, many of these fatalities happened on their first day of work. And what were the most common citations resulting from these accidents? You guessed it — improper training and a lack of safety protections.

According to the latest statistics from the Bureau of Labor Statistics (BLS), more than 10 percent of the near 5,000 people killed on the job in the U.S. in 2011 were temporary workers. That’s close to 550 fatalities.

If you’re working as a contracted worker or a temporary worker, you have the same rights as anyone else. Make sure you’re getting the proper training to complete your job safely. You need to also make sure you’ve got the proper safety equipment, too. Just because you’re not on the payroll all year, that doesn’t mean that you’re any less important.
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Published on: May 10, 2013

Keeping Your Bicycle Fresh and Keeping Child Riders Safe

By Dean Freeman

We’ve been talking a lot about bicycle safety in recent weeks, and it’s well warranted. Not only are we the nation’s most dangerous state for these kinds of accidents, but it’s also May, which means it’s National Bike Safety Month.

Our bicycle accident lawyers understand that there is a large focus on the riding habits of bicyclists and the safety skills of motorists when talking about preventing bicycle accidents. But do you know that there are other precautions that you can take to help to eliminate the risks for an accident? We’re talking about bicycle maintenance.

We’re checking in with Bicycling.com to get some of the best information on how to keep our bicycles as safe as possible. The truth of the matter is that each and every bicycle needs to undergo routine mechanical attention to help ensure safe riding. You need to keep an eye on its condition to help ensure quiet, efficient and safe riding. While there are some who would just rather take their bike to a shop and have a professional look at it, there are many of us handy enough to handle it ourselves.

We’re here with some basic repair and maintenance jobs — and even some upgrades:

1. Give your bike a visual exam. Make sure that the brake pads are smooth. Make sure your chainrings aren’t worn. Make sure there is still tread on your tires. When your tire loses its rounded profile and starts to get a flat spot, or when the base fabric cord begins to show through, it’s time to replace the tire.

2. Make sure you’ve got the proper tools to do the job. Some important items that you’ll need to properly maintain your bike are a spoke wrench, a chainwhip, a chainbreaker, lube, grease, tire levers and hex tools. With the right tools, you can fix just about anything.

Now you think you’re a professional bike rider, and that’s cool, but we can’t forget about our young ones. Children are at particularly high risk for bicycle-related injuries. In 2001, children 15 years and younger accounted for close to 60 percent of all bicycle-related injuries seen in US emergency departments, according to the Centers for Disease Control and Prevention (CDC).

It is important to remember that a bicycle is not a toy; it’s a vehicle! Be careful – follow some basic safety tips when you ride, offered by the National Highway Traffic Safety Administration (NHTSA).

Make sure your child always wears a helmet. Make sure they’re riding a bicycle that fits them. It’s also important to make sure that you’re always supervising your child when they’re out riding their bike. Don’t just stay in their vicinity, but actually watch them. Lastly, you want to make sure they understand the rules of the road and the workings of traffic. Their understanding can help to save their life.
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Published on: May 8, 2013

Biking Over Driving in South Florida, A Good Choice Made Better

By Dean Freeman

We’ve been talking about the safety of bicyclists for some time now, and with good reason. They’re up against some serious dangers out there. But now, they’ve got a lot of support on their side. The entire month of May has been dedicated National Bike Month.

According to The League of American Bicyclists, Bike to Work Week is May 13-17 and Bike to Work Day is Friday, May 17. Bike to School Day is May 8. Until we can remove Florida from the number one spot as the most dangerous state in the country for these kinds of accidents, we better keep on working on safety.

During National Bike Month, don’t overlook the critical importance of bicycle safety. Our Fort Lauderdale bicycle accident lawyers understand that there are a plethora of places for locals and visitors to bicycle in Broward. Whichever route you decide to take, it’s important that you take it safely.

Here a few bicycling tips from Broward County officials to help you to ensure a safer trip:

-Watch for the Yield. Among the most common types of accidents are those caused by failure on the part of the bicyclist or motorist to yield the right-of-way at driveways and intersections. Before crossing the street or proceeding across a driveway, you always want to make sure that you make eye contact with drivers. You want to ensure that they see you.

-Wrong-Way Riding. You never want to ride against traffic. Always ride on the right side of the road in the same direction as traffic. You want to make sure that you can be seen within a motorist’s natural scanning zone. Not only is it safer to ride on the right side of the road, it’s the law.

-Lookout for Parked Cars. When riding through parking lots or in areas with street-side parking, be on the lookout for opening doors. Although the motorists are required by law to be on the lookout for you, we can’t always rely on their safe habits.

-Keep Communication. You want your riding maneuvers to be as predictable and as well-communicated as possible. Make sure your turns and maneuvers are always signaled. Letting drivers know where you’re headed is one serious step in preventing an accident.

-Keep Scanning. You always want to be aware of your surroundings. Staying one step ahead of the traffic around you will help to reduce the risks of an accident.

If you choose to take the plunge and start riding instead of driving, there are a few things that you are going to want to know. Choose your route carefully. The best route to work by bicycle may not be the same way you drive. Try a few different routes to see how they compare. Take a few shakedown rides to get used to your bike and riding in traffic. Do this at a time when you are not in a hurry so you can stop if you need to, or check alternate routes.
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Published on: May 6, 2013

Florida Bicycle Safety in Focus this May

By Dean Freeman

At least 57 million people, or more that 25 percent of the population over the age of 15, ride bicycles according to a recent study from the U.S. Department of Transportation (DOT).

Many of these riders are in the state of Florida, too. South Florida Adventures lists the “Top 9 Cycling Stories,” which may interest bicycle enthusiasts.

We like to bike. What we don’t usually think about are our risks for getting into a serious accident. But the truth of the matter is that these types of accidents are on the rise. According to recently-released statistics from the National Highway Traffic Safety Administration (NHTSA), Florida was ranked as the most dangerous state in the country for cyclist fatalities. There were close to 150 people killed in bicycling accidents in the state in 2011.

Our Davie bicycle accident lawyers understand that the number of bicyclist fatalities increased nearly 10 percent compared to the prior year’s statistics. Why the increase? Are cyclists getting more careless out there? No. The problem is that we’re all driving more with the recovering economy and we’re forgetting that we’ve all got to share the road. The truth is that cyclists follow the same set of road laws as motor vehicle drivers. Unfortunately, our bicyclists aren’t always treated the same — instead oftentimes overlooked on our roadways.

Whether you’re biking for exercise and health, for recreation, or, more and more commonly these days, to commute, safety is of utmost importance.

In an effort to encourage everyone to practice safe behavior and improve the safety of all road users, the Broward MPO has developed a public education campaign regarding the 3-Foot Law. The campaign educates motorists about Florida Statute 316.083: Overtaking and Passing, the law states a motorist must pass a bicyclist by no less than 3 feet.

Your best bet is to bike while it’s light. Close to 60 percent of all fatal bicycle accidents in Florida occur during twilight and night hours although less than three percent of bicycle use takes place at that time.

There are a number of factors that increase a bicyclist’s risks for an accident while riding at night:

-Motorists are more likely to drive under the influence of alcohol.

-Motorists cannot see their surroundings as easily because of the darkness.

-Roadways with a speed limit of 40 miles per hour or higher are extremely risky for bicyclists at night.

-Bad reflectors can serve up serious risks.

-Motorists can mistake a reflector for a mailbox.

But whether you’re riding at night or during the day, it’s important to remember to stay one step ahead of the traffic around you. Your safe, cautious and defensive riding habits could save your life.
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