South Florida Injury Lawyers Blog

Published on: May 1, 2013

Bicycle Accidents on the Rise in Florida, New Statistics Show

Florida is the most dangerous state in the entire country when it comes to bicyclist fatalities. According to newly-released numbers from the National Highway Traffic Safety Administration (NHTSA), there were 125 bicyclists killed on Florida roadways in 2011.

Nationwide, there were close to 700 bicyclists who were killed in traffic accidents in 2011. That mean’s nearly 1 in 5 fatal bicycle accidents in the United States occurred in Florida! In addition to those fatalities, there were nearly 50,000 bicyclists injured along the way. And these risks don’t appear to be getting any better. The NHTSA reports that there was a near 10 percent increase in the number of bicyclists killed in 2011 from 2010.

Our Weston bicycle accident lawyers understand that bicyclists should be a little more cautious while pedaling during the evening hours. These accidents were most likely to happen between the hours of 4:00 p.m. and 7:59 p.m. Close to a third of recorded fatalities happened during this time, followed by the hours from 8:00 p.m. to 11:59 p.m.

According to the latest numbers, the average age of bicyclists killed in traffic accidents is on the rise. It’s actually been increasing each year over the last 10 years. In 2011, the average age of bicyclists killed in traffic accidents was 43.

Overall, bicyclists between the ages of 45 and 54 had the highest fatality rate. On the other hand, the highest injury rate were to riders between the ages of 16 and 20.

Officials with the Broward Sheriff’s Office (BSO) are asking bicyclists to help to protect themselves from the risks associated with dangerous drivers. You’re asked to strap on a helmet. As a matter of fact, proper use of a bike helmet can reduce the risk of head injury by close to 90 percent. In the state of Florida, children under the age of 16 who are riding a bike or are a passenger on a bike are required by law to wear a helmet.

Regardless of how old you are, safety should always be your number one priority while pedaling the town on two wheels. To help keep your safe, BSO officers are here with some important tips:

-Make sure that your helmet fits properly.

-Check your bike frequently. Making sure it’s in good-working order will help to keep you out of an accident.

-Make sure that you’re riding on marked paths whenever they’re available.

-If you have to ride on the street, make sure that you’re riding with the flow of traffic. You never want to head straight into oncoming traffic.

-Always wear bright-colored clothing and make sure you can be easily seen by passing motorists.

-Keep an eye on your surroundings. Be on the lookout for not only motor vehicles, but also for other bicyclists and pedestrians.

-Make sure you’re always using the proper hand signals to let traffic around you know where you’re headed.
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Published on: April 29, 2013

Toyota, Honda, Nissan, Mazda Involved in Massive Airbag Defect Recall

By Dean Freeman

Four major automobile manufacturers have issued a recall on nearly 3.5 million vehicles sold worldwide – including in the U.S. – due the fact that the passenger airbags pose an injury risk.

Our Weston injury lawyers understand that this is in fact the largest-ever recall involving airbags. In all cases, the airbags were produced by a company called Takata, which is the world’s second-biggest supplier of both airbags and seat belts.

Many auto manufacturers these days end up using similar or common vehicle parts in order to reduce their costs. However, that means that when there is a recall on one of these parts, many different companies are affected. This may save the companies money, but it presents a huge risk to public safety.

This recall is the largest since Toyota – which has gained a reputation over the last several years as a serial recaller – issued one in October for 7 million vehicles over a defective power window switch. Prior to that, the company had to pull some 19 million vehicles across the globe between 2009 and 2011, due to problems with unintended acceleration.

The car makers – Honda, Toyota, Mazda and Nissan – report there are no injuries or deaths reported due to these defective airbags, which allegedly have the potential to catch fire.

Airbags are credited with saving countless lives by rapidly inflating and cushioning the blow in the event of a crash. But in the U.S., rules changed back in the late 1990s, to require a reduction of force deployment, because numerous injuries were caused by those early models due to the intense impact of rapid inflation.

In this case, the airbags that are situated in the front passenger seat may fail to properly inflate. The propellant used in the inflator, the company said, is defective. So not only is there the airbag not working and a fire being sparked, but passengers may also be hurt by metal fragments that might either shoot up toward the windshield or down into the passenger well area.

The vehicles include popular models such as the Toyota Corolla and Camry, the Honda Civic and the Nissan Maxima. All were produced between 2000 and 2003.

The airbag manufacturer said it learned of the problem following two crashes with similar airbag issues – one in Japan and one in Puerto Rico. Those were back in late 2011. The company tried to replicate the issue, but had no success. The following fall, the U.S. National Highway Traffic Safety Administration reported three more faulty airbag incidents occurred – one in Maryland and two more in Puerto Rico.

It wasn’t until October of 2012 – one full year after it first learned of potential problems – that Takata conceded the propellant used in the airbags may have been improperly compressed, which could be the root of the problems. A few months later, it also found that certain parts made at a plant in Mexico had been exposed to natural elements during production that could weaken effectiveness.

This company produced the 2.8 million Honda driver-side airbags that had to be recalled in model years 2008 through 2011.

The company also produced some 8 million seat belts that had to be recalled back in 1995.
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Published on: April 27, 2013

NHTSA: Tailor Safety Ratings to Older Drivers, Families

By Dean Freeman

Our Oakland Park injury lawyers know many people are aware of the benefits of reviewing safety-rating information when purchasing a vehicle.

However, there is often a great deal to decipher and it’s hard to know what’s truly relevant.

Now, the National Highway Traffic Safety Administration is recommending the creation of two additional safety ratings, one of which would be specifically geared toward families and another for senior drivers.

This would be a change made to the organization’s New Car Assessment Program. The rating for older drivers would be a “silver rating” and the one for families would be simply a “family rating.” The former would look at how specific elements of a vehicle would aid older drivers. The latter would look at things like protection for rear-seat passengers, particularly children.

The NHTSA said these other two ratings would be in addition to the one it currently provides, which measures new vehicle safety on a scale of 1 to 5 stars – and has done so since the late 1970s.

This kind of overhaul, the NHTSA said, would be a process that could take anywhere from three and four years.

Part of the decision comes from the fact that the baby boomer generation is rapidly creating a phenomenon that has been termed the “silver tsunami.” The AARP reports that as of today, more than 15 percent of all drivers in the country are 65 and older. By the year 2025, one-fifth of all drivers will be at least 65 years-old. By the year 2030, some 57 million drivers will be considered elderly. That’s 20 million more than we have today.

The idea behind a silver rating is that older people are generally less able than younger occupants to withstand the impact of a violent crash. Older drivers account for the highest death rate in car crashes.

The focus for the new silver rating would be to offer older drivers information that would help them choose vehicles that would be safer for them. Some of those options might include inflatable seat belts as well as certain features that might help prevent low-speed pedal misapplication. Additionally, older drivers with arthritis might find that push-button start systems, easy-grip steering wheels and automatic seat belts would be helpful. Those who are shorter might find relief with telescoping steering columns and adjustable brake and gas pedals.

There is concern, however, that such a rating may backfire. As the AAA director of traffic safety advocacy and research pointed out, seniors don’t want “old people cars.” Marketing may be an important investment if the effort is to be effective.

As far as families, it’s no secret that parents want to know which vehicles are going to provide the most protection for children. A rating for crashworthiness on the basis of safety for rear-seat child occupants is going to be critical.

The NHTSA is opening up the forum to the public, in hopes of getting feedback on what kinds of features might be important to them in each of these categories.
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Published on: April 25, 2013

Child Pedestrians Safety a Spring Focus in South Florida

By Dean Freeman

Our kids are going to be getting out of school for Summer Break pretty soon, and they’re going to be spending a lot of time outside. While that’s good for them and helps to keep them healthy, it also serves up some serious risks. We’re talking about the risks they face for pedestrian accidents.

Unfortunately, our young ones don’t always understand the workings of traffic and may end up being seriously injured or killed. As a matter of fact, there were close to 235 pedestrian fatalities among children under the age of 14 in the U.S. in 2009, according to Safe Kids USA.

Our Lauderhill child injury attorneys understand that these kinds of risks can happen anywhere — not just on the road. They can happen on sidewalks, parking lots and even driveways. As a matter of fact, these areas were the top locations where we saw children under the age of 3 get into pedestrian accidents. Close to 75 percent of these fatalities happen at non-intersection locations.

As a parent and a guardian, you’re going to want to keep your closest eye on your child between the hours of 4:00 p.m. and 7:59 p.m. This is when these accidents are most likely to occur. More than 40 percent of these accidents happened during this small window of time.

If you’ve got a little boy in your home, you want to pay extra attention, too. Close to 70 percent of these accidents happened to young boys.

So we know the risks and we know who’s involved, now how do we help to keep them safe? Lucky for you, we’re here with some important safety tips for you to share with your children.

Child Pedestrian Safety Tips:

-Always cross the street by using a crosswalk or crossing where there is a traffic signal.

-Before crossing the road, make sure you make eye contact with drivers to ensure that they see you?

-Look left, right and left again before crossing the street. If you think you’ll have to hurry to make it across safely, wait until there is more time.

-Never let children under the age of 10 walk alone.

-Keep an eye out for vehicles that are backing up.

-Never play in the driveway or in a parking lot.

-Always walk across the street — never run.

-When riding a bike, always get off and walk the bike across the street. You don’t want to tumble over in the middle of an intersection.

-While playing outside, make sure you’re wearing bright clothes. This is going to help ensure that everyone around can see you.

-When it gets dark out, it’s time to go home. Your risks for an accident are higher when it’s dark.

-Never dart out into the road. Stop and look before stepping on the pavement.
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Published on: April 23, 2013

One Dead, 16 Injured in School Transportation Accident

By Dean Freeman

A 9-year-old boy was killed and 16 others were injured in a recent school bus accident in Port St. Lucie. According to the TC Palm, a loaded sod truck rammed right into the side of the bus.

Our St. Lucie school injury lawyers understand that school buses might be coming to a rest here soon, with the end of the school year approaching. But that doesn’t mean that our students won’t still be out traveling for school trips and other events. When the school buses are parked, 15-passenger vans are a common mode of transportation. They’re used for summer camps and for other fun activities. But the truth is that they may be no safer than school buses. In fact, federal law now prohibits most schools from using them for student transportation.

According to the National Highway Traffic Safety Administration (NHTSA), these 15-passenger vans are high susceptible to serious rollover accidents. It’s because they’re sensitive to loading. That’s why officials with the NHTSA are urging drivers to make sure that they understand how much weight these vans can hold. The heavier these vehicles are, the harder they are to handle.

There’s also a high risk for accidents with these vans because, according to research, drivers of these vans oftentimes lack the experience of driving a larger vehicle. These vans handle a lot differently than our smaller passenger vehicles. They’re longer and they’re wider. Only drivers with commercial driving experience should jump behind the wheel of these vans.

Another common factor of these van rollover accidents are improperly inflated tires. According to a recent survey from the NHTSA, about a third of all 15-passenger vans have at least one tire that is significantly under-inflated. To know how to best inflate your tires, your best bet is to check the vehicle’s owner’s manual. You want to make sure you fill them up before every long-distance trip and check them regularly.

If you’re driving one of these vans, be sure that you keep your eye on the speed. The faster you’re traveling, the higher your risks are for an accident as taller, narrower vehicles are more likely to rollover than shorter, wider vehicles. That’s why it’s more important for the drivers of these larger vans to slow down and to be careful. This is especially important when we run into that Florida rain. Make sure you’re adjusting your driving habits to the weather outside.

Keep up on the maintenance of the van, too. Check the fluids regularly, along with the windshield wipers and the condition of the tires. Preventative maintenance is one of your best ways to stay out of an accident.

You can’t take a break from safety if you’re a passenger in one of these vans either. Make sure that you’re always wearing your seat belt on every single trip. As a matter of fact, close to 90 percent of the people who have been killed in rollover accidents in these kinds of vans were reportedly not wearing their seat belts at the time of the accident.
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Published on: April 22, 2013

U.S. Airways, Inc. v. McCutchen, Equitable Relief, and Third-Party Work Accidents

By Dean Freeman

In a recent 5-to-4 ruling, the U.S. Supreme Court decided in favor of an airline mechanic who had been badly injured in a car accident.

Our Boca Raton injury lawyers understand the primary question was how compensation was to be divided and whether the amount he reimbursed his own insurance company after receiving third-party compensation was to be less attorneys fees.

In the end, the court ruled in favor of the mechanic, finding that attorneys’ fees should be considered when reimbursement is being figured.

The justices vacated the earlier ruling in the case, U.S. Airways, Inc. v. McCutchen. Additionally, certain technical questions were remanded back to the lower appellate court.

At the end of the day, this case is about ensuring that injured workers are not penalized for seeking experienced legal representation on issues of third-party compensation.

Here’s the crux of what happened:

Employee benefit plans usually cover a participant’s medical bills in the event of an injury, even if that injury did not occur at work and wasn’t work-related. However, in a lot of those plans, the health insurance company requires that if an individual obtains compensation from a third party for that injury, he or she has to reimburse the plan “in full.” This is called appropriate equitable relief under Section 502(a)(3) of the Employee Retirement Income Security Act (ERISA). Basically, insurers want to make certain that injured parties aren’t being compensated twice for the same injury.

But the way these plans are written, they don’t allow for the plaintiff’s attorney fees in those third-party cases.

Here, the injured party, James McCutchen, was seriously injured in a car accident. His employee benefit plan offered about $67,000 to cover his medical expenses. Like many others, this plan required the employee to pay back those expenses out of any amount he recovered from the third party.

McCutchen filed a personal injury lawsuit and recovered $100,000 in that case. The benefit plan demanded reimbursement for the full amount – that $67,000 – without taking into account the legal fees that McCutchen had accrued. That reduced his recovery amount to less than the amount demanded – meaning he would actually be losing money in the case – about $900.

Justice Elena Kagan, in writing the opinion for the majority, said that first of all, third-party compensation usually does not come free, meaning that attorneys are needed in order to obtain those benefits. Further, the health plan agreement was silent on attorneys’ fees, meaning that either McCutchen was required to pay back every dollar he received from that third party or only the true amount of the recover, after all costs are deducted.

Because the language was ambiguous, she said, ordinary fairness would require the second interpretation. Otherwise, the injured party is actually made worse off by pursuing third-party compensation.

When an accident victim is represented by an experienced personal injury law firm, these complications are taken into account from the early stages of a case. In many cases, your medical debts can be negotiated. In some cases, insurance company reimbursement may be required. Failure to properly address these issues can further harm accident victims seeking to make a recovery.
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Published on: April 21, 2013

Tragedy Highlights Lawnmower Safety in South FLorida

By Dean Freeman

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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Published on: April 17, 2013

Florida Pedestrian Safety a Summer Concern

By Dean Freeman

In 2010, Florida Traffic Crash Statistics revealed that 2.65 pedestrians were killed in car wrecks for every 100,000 residents in the state of Florida. In total, 7,290 pedestrians were injured over the course of the year and another 499 pedestrians were killed. The number of deaths reflects an increase in the rate of fatalities for the first time since the fatality rate began to decline in 2005. The number of pedestrians injured but not killed, however, has continued to go down since reaching a high in 2008.

Our Fort Lauderdale injury attorneys know that despite the decline in pedestrian injuries, Florida remains one of the most dangerous of all states when it comes to pedestrian accidents. There are lots of reasons for this including warm weather making it possible to walk all year round; badly designed roads; and a large senior citizen and tourist population who may not have the best driving skills in all situations.

Florida Pedestrian Safety Tips and Warnings
The thousands of pedestrians injured and killed each year suffer tremendous loss and leave behind loved ones forced to cope with sadness and grief. These injuries and deaths can and should be prevented in order to minimize the financial and emotional costs associated with pedestrian accidents.

Both drivers and pedestrians have certain responsibilities in preventing pedestrian accidents since these types of crashes can often be attributed to the negligent or careless behavior of one or both of these individuals. Drivers can include drivers of motor vehicles, motorcycles and trucks, but can also include bicycle riders who could kill or injure a pedestrian if they were going too fast and struck the walker. In one recent case in California, for example, a bicycle rider was charged with manslaughter because he was speeding and killed a 71-year-old man when his bike crashed into him.

For drivers of cars or bikes to avoid becoming involved in a pedestrian crash, it is important to:

Drive at a reasonable speed so the car or bicycle doesn’t lose control and hit a pedestrian.
Watch for pedestrians at all times and give pedestrians the right-of-way when required by law.
Refrain from behaviors that would make you more likely to hit and injure a pedestrian. Such behaviors can include drunk driving, distracted driving, drowsy driving or even daydreaming when driving. Anything taking your attention away from driving is taking your attention away from a potential future pedestrian who may be unlucky enough to be in your path.

For pedestrians, on the other hand, the focus should be on:

Crossing at designated crosswalks and facilities whenever possible. Avoid jaywalking, which can significantly increase the risk of an injury since drivers may not expect you to step out in the middle of the street to cross.

Look both ways before crossing the road. Never assume that a driver is going to stop and don’t step out onto the street when a driver is coming.

Making sure you don’t have too much to drink. You don’t want to try to walk somewhere drunk or intoxicated as you could end up in a dangerous situation.

These are just a few of the things that drivers and pedestrians can do in order to avoid a devastating wreck that could cost the pedestrian his life.
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Published on: April 13, 2013

Rollover Accidents Can Cause Injury But There are Ways to Stay Safe

By Dean Freeman

In March, CBS reported that six people were inside of a van near Ft. Lauderdale-Hollywood International airport when a hit-and-run accident occurred. The accident happened on the southbound return loop at the airport and the six people in the van suffered minor injuries as a result.

Our Fort Lauderdale injury attorneys know that rollover accidents often cause serious injury or result in death. A rollover crash involves the vehicle turning upside down and those inside of the car could be hurt in a number of different ways including suffering serious brain injury as the car tumbles. The six drivers in the Fort Lauderdale rollover accident were lucky that their injuries were relatively minor, as not everyone involved in a rollover crash manages to walk away from the accident. There are, however, some things that you can do in order to try to avoid a rollover accident and to keep yourself safe if one does occur.

Tips for Staying Safe to Avoid Rollover Accident Dangers
In order to avoid becoming hurt in a rollover accident, you should:

Ensure that the driver and every passenger in the car is wearing a seatbelt. The seatbelt will keep you in your seat even as the car tips over instead of flying around he car and potentially striking your head very hard as a result.
Make sure that your car is not overweight or overloaded. If your car weighs a lot, and especially if it is a top-heavy car to begin with, you significantly increase the chances of a serious auto accident occurring that results in the vehicle rolling over. Manufacturers will have load ratings for pickup trucks and other vehicles designed for moving or hauling and you should stay within those ratings.
Avoid speeding. If you are going too fast, there is a greater chance that your car is going to roll over. As many as 40 percent of all roll over accidents can be attributed to a driver going too quickly.
Monitor your tire pressure. You should check the pressure in your tires at least one time each month. Low pressure can up the chances of a rollover accident occurring.
Don’t overcorrect. When you panic as you are driving and encounter an obstacle or a potential danger, then you may be likely to turn the wheel too hard and overcorrect. This can result in your car rolling over, especially if you were driving quickly at the time.
Choose a safe, new vehicle. Many newer vehicles have Electronic Stability Controls and/or are designed in a way that is specifically designed to prevent rollover. An older car may not have the same safety features and may be more likely to tip in the event of an accident.

By following these tips, you should hopefully be able to avoid becoming involved in a rollover crash. If you do get involved in such an accident and are hurt, you may be able to hold the car manufacturer liable or you may be able to hold the driver responsible for the crash liable. In some cases, both may be to blame.
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Published on: April 12, 2013

Unintentional Poisoning Leading Child Injury Cause

By Dean Freeman

Every year, thousands of children are rushed to Florida hospitals due to unintentional poisoning stemming from exposure to or consumption of household chemicals and medicines.

Our Hallandale Beach injury lawyers know that while the number of child poisoning fatalities has been dramatically reduced over the last five decades, there are still far too many.

The U.S. Consumer Product Safety Commission, which is again promoting National Poison Prevention Week, reported that back in the 1960s, some 400 children died each year from poisoning accidents. Now, we count roughly 40 each year.

One is too many.

Another 90,000 nationwide are rushed to receive emergency care.

Child resistant packaging is one way that the agency has been able to drive down the number of poisonings, particularly on prescription medications and dangerous chemicals like bleach and ammonia.

But new risks appear to be emerging daily.

The CPSC has recently issued warnings about both coin-size batteries and single-load liquid laundry detergent packets.

Button batteries are frequently used in things like remote controls, toys, keyless entry remotes, watches, calculators, flashing shoes and jewelry, digital scales and even musical greeting cards. They’re tiny. They’re shiny. Little hands can easily grab them and pop them in the mouth before parents even realize what’s happened. The devices are not so much a choking hazard as a chemical burn hazard, and it can be fatal if the device isn’t removed within two hours.

In the last several years, there have been 30 deaths and 125 cases of serious burns due to child battery consumption.

The laundry detergent packets, meanwhile, are not only a potential choking hazard, they release highly concentrated, toxic chemicals when in contact with water. Children who have swallowed or come in contact with these packets have suffered loss of consciousness, vomiting, drowsiness, throat swelling, breathing problems and temporary vision loss. Just last year, there were 500 reported incidents of both children and adults who had been injured by these products.

Both of these products are particularly appealing in size, shape and texture to children. While the CPSC is working with manufacturers to potentially change the design and create more appropriate warning labels, it’s incumbent upon parents and caretakers to keep these items safely out of reach of children.

In order to reduce the chances of a child injury, the CPSC recommends the following:
–Household chemicals and medicines should be stored in their original containers, which should be child-resistant;
–Potentially dangerous substances should be stored up high, out of a child’s sight and reach;
–Young children should remain in your sights at all times, particularly when handling potentially dangerous products;
–When administering medicine, keep the light on so you can make sure you are giving the proper dose each time;
–From time-to-time, go through your medicine cabinet and throw away any unnecessary or old medications;
–Don’t take your medicine in front of children, and make sure they know that medicine is “medicine” and not “candy.”
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