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A man from Port St. Lucie was recently awarded more than $1 million after a slip-and-fall accident in one of the country’s largest retail stores. According to The Palm Beach Post, the 41-year-old man was carrying a bottle of water at the Walmart on S.W. Gatlin when he stepped on a Gatorade sign that had fallen off a nearby display. The man fell violently and tore the tendons in the biceps of his right arm.

Since the accident, he has acquired over $200,000 in medical bills. He’s had three serious surgeries in less than two years. He had to have a cadaver Achilles tendon inserted into his arm to help with building strength. Now he has a “Popeye Deformity,” which refers to a malformed bicep. The abnormal bulges resemble much of the famous cartoon character Popeye’s arms.

Our Port St. Lucie slip-and-fall accident lawyers understand that these kinds of incidents are nothing to joke about. Oftentimes, victims are left with life-altering and debilitating conditions. Many of these kinds of accidents can be prevented if property owners and supervisors take better care to maintain the premises. According to the security camera, Walmart employees disregarded the sign after it fell. Instead, they pointed their fingers at Gatorade, saying the sign was properly assembled and it was the plastic screws on the display that were faulty and caused the accident. Walmart also claims that it was not negligent because workers didn’t have enough time to remove the sign before the accident.

After the jury deliberated for 4 hours, jurors came back with a verdict that found Walmart was 90 percent at fault. The victim was awarded more than $1,287,000 for his injuries.

According to the National Safety Council (NSC), falls are the number one cause of unintentional injuries in the U.S. These incidents account for close to 9 million visits to the E.R. each year.

Adults over the age of 55 are at the highest risks for these kinds of accidents. It gets worse with age, too. Risks for fatal fall accidents are four times higher for adults over the age of 64 than anyone else.

In 2009, there were close to 30,000 fall-related fatalities in the U.S. Many of these incidents could have been prevented with a little more awareness and caution.

Tips to help prevent fall accidents:

-Make sure all phone cords and electrical wires are stored out of common walkways. You want to make sure that walkways are clear of all possible tripping hazards.

-Get rid of small throw rugs if you can. If not, use non-skid mats to help to keep them from slipping. Rugs only serve as a dangerous obstacle. Keep floors smooth, flat and clear for safety.

-Toss out all obstacles, including toys, trash, shoes, paper, boxes, from common walking areas. Walkways need to be clear of obstacles.

-Eliminate all uneven walking surfaces.

-Clean up spills immediately!
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While summer undoubtedly claims the top spot for teen driver crash rates, snowbird season in Florida means the winter months find our roadways a chaotic mix of slower senior motorists, tourists unfamiliar with the area and newly-licensed youth.

Our Royal Palm Beach injury lawyers know that simply having an influx of some 1 million people for three to six months out of the year is inevitably going to increase the number of accidents. What’s more, the state’s tourism industry reportedly drew nearly 90 million visitors to the state in 2011, many of them visiting during the winter, when the northern states are battling cold weather.

While older folks do tend to have more troubles with vision and reaction time, they also are generally more cautious. And tourists of course need to use every precaution to map their routes before heading out, check the weather reports and understand that just because they’re on vacation doesn’t mean the regular rules of the road don’t apply.

But often, it comes down to teens – the group with the highest fatal crash numbers in the country. It’s incumbent upon parents to drive home to their teens the importance of remaining alert, unimpaired and careful each and every time they pick up the keys and walk out the door.

A recent accident in Lake Worth involving a car full of teens resulted in one death and three serious injuries requiring hospitalization. While the details are still being sorted by authorities, we do know that the 18-year-old driver reportedly drifted off the roadway, sideswiped a tree and then slammed into a second tree, causing two passengers to be ejected from the vehicle. Tragically, a 19-year-old boy died at the scene.

According to the AAA Foundation for Traffic Safety, teenagers are four times as likely to be involved in a traffic accident when compared to adult drivers. Motor vehicle crashes are in fact the leading cause of death for teenagers, each year claiming about 5,600 lives of those between the ages of 16 and 20. Many more are injured, as some 800,000 drivers between the ages of 15 and 18 were involved in traffic crashes in 2008.

Perhaps even more troubling is that even when you factor in inexperience, the vast majority of these wrecks are preventable.

We recognize that parents can’t be there to monitor their teen driver’s every move. However, creating a system of accountability early on can make a huge difference in not only keeping them safe now, but also establishing a foundation for better habits as they grow older. In fact, studies have shown that parental interest and involvement when their teen is first learning to drive plays a huge role in reducing the chances of a future crash.

We understand parents these days are incredibly busy, but this is one investment of your time that can make all the difference. The main points you want to drive home are these:
–Always remain alert to your environment, including the weather, unsafe drivers nearby and hazards on the roadway.
–Part of this means no distractions – no phone, no make-up, no eating, no chatting with friends.
–Never ever drive when you have consumed alcohol or drugs or when you may be too tired. Let them know you will always come and get them if need be.
–Keep your emotions in check behind the wheel. Pull over if you need a minute to compose yourself.
–Recognize when the weather or some other factor requires that you pull over.
–Never try to show off or take any intentional risk while you’re driving.
–Have respect for everyone else on the road, including other drivers, bicyclists and pedestrians.
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Parents of a 1-year-old baby boy are hugging him a bit tighter tonight.

Our Vero Beach personal injury lawyers understand that the boy had been found in a backyard swimming pool, floating and unresponsive. We don’t know yet whether the incident was at the boy’s home or whether he was at someone else’s home. We also don’t know how long he may have been in the water.

What we do know is that a bystander rushed to the child’s aid, performing CPR until county emergency crews could arrive. By the time an ambulance loaded the boy up for transportation to the hospital, they say he was alert and breathing. This is probably in no small part due to the quick action of bystanders.

Police aren’t planning to pursue any criminal charges, but it’s important for everyone with young children and all pool owners to understand that such incidents are 100 percent preventable.

The Department of Children and Families reported that 32 children drowned in Florida in 2011. Of those, eight were in Broward and three were in Palm Beach County, according to the Sun-Sentinel. (Some researchers contend the number is actually higher, as only those flagged by the Department of Children and Families are counted.) Regardless, drownings accounted for 25 percent of all child deaths in Florida that year, and the vast majority of these incidents happened when babies or young children fell into swimming pools.

In Florida, this is a greater consideration than many other places because not only are we surrounded by bodies of water, many more homes have pools they can enjoy year-round. But pool owners as well as parents have a responsibility to do all they can to prevent a tragedy. In many cases, visiting residents and tourists are not as well-versed in pool safety and may be at even higher risk for a winter pool accident.

Pool owners – even those without children – should consider implementing the following:

–Installing a fence, at least 4-feet tall – around the pool or hot tub. Use self-closing, self-latching gates, and ask your neighbors to kindly do the same.
–Install – and use – a lockable safety cover on your hot tub.
–Install door alarms if the back of your home essentially serves as the fourth side of a fence around the pool. If you have small children, it may even be a good idea to install guards on any nearby windows.
–Make sure your hot tub and spa have compliant drain covers.
–Consider installing an underwater alarm or surface wave.

Parents or caretakers should know that if a small child suddenly goes missing, the very first place they should look is the pool. In these situations, seconds can be critical.

Children, especially those living in Florida, should be taught to swim at a young age, and they should be supervised around the water. Lastly, it’s a good idea for everyone to know CPR. As this situation clearly illustrates, it could be the difference between life and death.
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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 Broward County bus driver may have some of the best luck — and we’re not saying this because of his stellar driving record. We’re saying it because he’s still got his driver’s license — after hitting 10 cars and already having his license revoked 5 times! Even through a lawsuit, he is still allowed behind the wheel.

According to the Sun Sentinel, this man has cost taxpayers more than $73,000. In a 2009 accident, he even sent a passenger of another vehicle to the hospital.

Our Stuart City personal injury attorneys understand that this driver has given rise to some serious questions for commissioners. They’ve even gone as far as asking transit staff for information on how they handle accidents and what exactly it takes to get fired. Their requests have gone unanswered.

Unfortunately, far too many bus drivers don’t have the best reputation when it comes to safe handling of these mega-buses. According to the Broward transit department’s log of complaints, there are quite a few of complaints specifically about buses, the drivers and even road rage. There are even reports of the bus drivers giving the finger to motorists who are just trying to share the road with these large, commercial vehicles.

In 2012, one woman filed a complaint saying that a bus driver cut her off and forced her to merge into another lane of traffic where she almost got into an accident. She says that she was eight months pregnant at the time and was terrified.

In another complaint, a woman says that the driver was driving her bus as if she were using is as a weapon.

The accident policy in Broward County is one of the most lenient in the area. Drivers are forgiven for their accidents after two years — like they never happened. In Palm Beach and Miami-Dade, accidents stay on driver’s records for 3 years and are considered when determining who stays and who goes (or who gets fired).

Broward County policy states that drivers, who have five “preventable” accidents within a 5-year period, face being let go. Unfortunately, with the driver in question — he reached that limit back in 2007 and he’s still behind the wheel!

Phyllis Berry, a spokeswoman with Broward transportation, says that the department has a clean safety record. Berry says that the driver in question has been sent off for retraining. His yearly wage sits at close to $50,000.

“We’ve had operators who’ve been here 20 years and never had an accident,” said Berry.

But it only takes one.
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According to a recent European study, there are bicyclists being killed in traffic accidents because drivers aren’t stopping for red lights or otherwise obeying a riders right-of-way.

This study goes against previous reports that pointed the finger at the bicyclists, saying that they’re own behaviors were the cause of most accidents.

According to The Guardian, some of the top causes for cyclist accidents were red-light runners and distractions. The information, analyzed by Transport Research Laboratory (TRL), showed that about 25 percent of cyclists deaths happen when a vehicle slams into the back of a bicycle. Our Miami bicycle accident lawyers understand that many of these accidents could have been prevented, too. With the popularity of bicycling in the area, we need to take the necessary steps to help keep these vulnerable travelers safe.

With adult bicyclists, drivers were responsible for these accidents about 75 percent of the time.

Researchers say that transportation officials need to focus more on driver’s behavior and less on helmets and bicyclists. The report even went as far as saying that universal helmet use only saves about 10 to 15 lives a year.

“The main cause of crashes seems to be ‘failed to look properly’, whereas very few cyclists are injured or killed acting illegally, such as failing to use lights at night or disobeying traffic signals,” said a study researcher, Chris Peck.

It looks like the risks are going to get a whole lot worse, too. According to The Miami Herald, Miami commissioners are putting down the groundwork for the area’s new bicycle-sharing program. A panel voted 3-0 to give approval to an ordinance that would allow advertising on the side of the planned rental stations. As it stood, advertising is illegal on city-owned property as well as in the public right-of-way.

Officials think that with the advertising, they will be able to better fund the program.

“Our program is intended to be revenue generating for the city and to be self-sustaining,” said Albert Sosa, director of capital improvements.

Now, all commissioners have to do it finalize the program.

Marc Sarnof, Vice Chairman, has asked that the advertisements be discreet. He said he has no plans on approving the ordinance if it allows large panels to be put on the kiosks. He says that the City of Miami needs to practice its regulations and know when to say “Stop!”

These programs can be successful, like they have in Palm Beach and Broward counties as well as on Miami Beach. We just need everyone’s cooperation to make sure they’re safe, too!

With the plan to bring in more bicyclists, we can expect more of the eco-friendly travel. With more of these two-wheeled travelers, we can expect an increase in the risks for these kinds of accidents. It’s important that drivers, bike-sharing program or not, keep a lookout for these vulnerable travelers. Take that extra second before making a move in traffic to look for our two-wheeled friends!
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A recent accident between a charter bus and a pickup truck at the Fort Lauderdale-Hollywood International Airport left one person injured. According to The Miami Herald, the accident caused a traffic headache for airport travelers.

Those who use economy parking were advised to leave nearly an hour earlier than normal. According to a spokesman with the airport, the buses that usually use that route are in charge of bringing people from economy parking to the terminals. Because of the accident, all of the buses were forced to use alternative (and longer) routes.

Our Fort Lauderdale personal injury attorneys understand that the accident happened about 3:00 p.m. The problem with areas like the airport is that drivers are much more interested in getting to where they have to go — and they forget about the traffic around them. In the recent crash, a charter bus heading north crashed with a pickup truck that was heading south on West Perimeter Road.

The bus driver was not injured in the accident, reports the Broward Sheriff’s Office. Luckily, there were no passengers on the bus at the time. These shuttle accidents are frequently quite serious because of unbelted passengers and the risk of injury from loose baggage. The truck driver involved in the accident was extricated from his vehicle. Thankfully he was alert and conscious. He was transported to Broward Health Medical Center.

When traveling to and from the airport, it’s important that you have a plan. That plan’s number one goal should be safety! These areas can be awfully confusing and hectic. We’re all trying to get in and out of there quickly. Unfortunately, that’s a lot easier said than done with all of the traffic as we enter high season. There are lane changes, speed reductions and pedestrians all over the place. You’ve got to be on the ball behind the wheel to ensure a safe trip. Put the cell phone down and drive.

When you approach the airport, it’s important that you keep your eyes on the lanes and on the signs — and also on the vehicles around you. You want to get your vehicle in the lane that it needs to be as soon as you can. Waiting until the last moment to change lanes is only going to increase your chances for an accident. Make sure that you’re always using your blinker. You want to be able to alert traffic around you of your intended maneuvers. This is a must in keeping safe.

When you’re pulling near arrival and departure areas, it’s important that you slow it down! There’s a lot of pedestrian traffic here. If you’re not ready to stop your car and pick up/drop off someone then you should remain in the lane farthest from the building.

Be sure to stop at all crosswalks!

Once you leave these areas, keep a lookout for increased speed limits and for lanes merging in. Always be one step ahead of the traffic around you!
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It wasn’t a safe year for motor vehicles here in the U.S. According to the National Highway Traffic Safety Administration (NHTSA), there were close to 700 safety recalls filed in the country that affected close to 20 million vehicles, vehicle equipment and child car seats.

The NHTSA was there along the way, helping to identify defects that weren’t reported by manufacturers. The agency identified close to 10 million vehicles and close to 100,000 items of vehicle equipment, including child safety seats and tires, that were recalled for defects.

“Every day millions of motorists are safe on our nation’s roadways because of the work and dedication of our defect investigation and compliance teams here at NHTSA,” said Ray Lahood with the U.S. Department of Transportation.

Our Jupiter car accident attorneys understand that staying up to date with recalls is critical in ensuring your safety out there on our roadways. One of the best way that consumers can do this is by visiting Safercar.gov. On this federal website, you can specifically look up the vehicles in your household or you can browse a list of the latest recalls. You can also sign up for Recall Alerts to get the information sent directly to you as it’s released.

Officials with the NHTSA’a Office of Defects Investigation as well as the Office of Vehicle Safety Compliance look for these kinds of recalls. They’re constantly reviewing information to find potential safety defect trends. Some of these sources include fan sites, bulletin boards, auto websites, early reporting data, consumer complaints, popular magazines, trade publications and even technical service bulletins.

Throughout the last 3 years, officials with the NHTSA have been able to release more than 400 recalls, involving more than 20 million vehicles and products.

The NHTSA wants to thank you! In 2012, there were close to 42,000 consumer complaints reported to the Administration regarding potential safety defects. There were close to 49,500 reported in 2011 and more than 65,000 reported in 2010.

Since beginning in 1966, the NHTSA has been holding automakers accountable for their designs. Unfortunately, there are some that slip through the cracks and endanger motorists. Since the beginning, there have been more than 15,000 recalls including more than 500 million vehicles and 85 million items of equipment.

Still, there were many vehicles that were left on our roadways even after these defects were announced. Automakers don’t always do their job in notifying their customers about these problems. You may even remember the Toyota recalls. Toyota ended up owing more than $1 billion over hundreds of lawsuits because the acceleration problems they were having were not properly disclosed in a timely fashion.

If you know of any safety issues that you’re having, you’re urged to make a report. You can File a Complaint with Safercar.gov, too. Just visit the site and drop a line. While you’re there, don’t forget to check out the latest recalls. Knowing about a problem and taking the proper steps to correct it can keep you safer in the event of an accident.
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We hear about it all the time — serious car accidents on the Alley.

Alligator Alley is a 100-mile stretch of road that connects Naples to Weston and the rest of the west coast of Florida. It cuts across the northern tip of the Everglades and is among the most remote roads in the United States.

Our Weston injury lawyers understand that the Alley is 100 miles of straight, long, boring road. There are no billboards. No attractions. No external distractions. It’s just your eyes on the straight and narrow lanes of traffic. When driving this trip at night, there aren’t a lot of lights to help you to see or to help you to stay awake.

There are very little opportunities to make a U-turn without running the risk of getting hit. No roads. No exits. No gas stations. To make it even worse, there are only two staffed rest stops and one gas station located between the toll booth in Naples and Weston. If you run out of gas or you run into some mechanical problems, you’re virtually out of luck and you better have plenty of time on your hands to wait for help. Lastly, we think that people underestimate the risks of drowsy driving on this roadway. More than an hour of monotonous driving can really impact a driver’s concentration.

“It’s been frustrating to try and get resources out on the Alley when there is an emergency,” said Lt. Dave Erdman with Broward Fire-Rescue.

According to the Sun Sentinel, more than 30 percent of accidents on the Alley were due to careless driving. This was back when it was only two lanes. When it shot up to four lanes, the number of accidents involving careless driving rose to nearly 45 percent.

In earlier years, the number of accidents wasn’t as high as it is today, but that’s because there weren’t as many people using it. Instead, officers were only getting calls about tourists getting bit by snakes or travelers running into alligators.

Back then, the speed limit was only 55 miles per hour, too. Today it’s 70 miles per hour and as we’ve recently reported, speed is one of the top contributors in fatal car accidents across the U.S. — and the Alley is no different. Troopers say that they’ve often clocked drivers at 90 miles per hour.

No wonder we see so many accidents.

The truth of the matter is that Alligator Alley is a long journey and it’s a trip everyone should plan for. First off, you want to make sure that you’re well rested before you venture across the state. It’s a long, straight trip and you want to make sure you’ve got plenty of energy to keep your attention focused on the road. You’re also going to want to make sure you fill up your gas tank before you hit the toll plaza. Luckily there are signs on the side of the road reminding drivers of the last gas station before the toll.
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It’s a hard thing to do — give up your car keys as an elderly resident.

The truth of the matter is that seniors are doing everything that they can to hold on to their driving abilities and their independence. Unfortunately, that’s not always the safest move. There often comes a point when the safer option is to give up the keys because of problems and difficulties that come with age. According to Sunrise Senior Living, the loss of driving privileges can happen for a number of reasons, including not being cognitively fit for driving or having poor vision.

The American Academy of Ophthalmology recently made an announcement that senior drivers with glaucoma are actually at much higher risks for getting into a traffic accident. Researchers looked into the frequency and rates of accidents for elderly drivers who had glaucoma and compared their findings to drivers of the same ago who had normal vision. According to the study, drivers with glaucoma were about twice as likely to get into an accident.

Our Miramar car accident lawyers understand that our vision typically worsens with age. It’s a fact of life and we all need to deal with it as best we can. Your best bet is to make sure you’re getting your vision tested regularly.

“We would like to create mandatory vision testing guidelines for glaucoma patients,” said Dr. Shiho Kunimatsu-Sanuki, leader of the study.

The Glaucoma Research Foundation reports that residents of all ages can be susceptible to this condition, but your risks are higher with age. One of the most unfortunate things about this condition is that there’s no cure for it. Roughly 10 percent of those with the disease never even get the proper treatment.

Left untreated, it’s common for individuals to go blind. According to recent reports, more than 2 million U.S. residents have the disease and only about half of them even know something’s wrong.

Not sure what glaucoma is?

It’s a group of eye conditions that can cause some serious damage to the optic nerve. This is the nerve that carries information from the eye to the brain. In many of these cases, damage to this nerve is caused by increased pressure in the eye, which is also referred to as intraocular pressure (IOP).

Tests for Glaucoma:

-Visual Field Measurement

-Visual Acuity

-Slit Lamp Examination

-Retina Examination

-Gonioscopy

Halogen lights, such as the headlights of other vehicles as well as fluorescent light fixtures, can cause and uncomfortable glare for those with glaucoma. Some people with glaucoma also notice glare in stores with fluorescent lighting.

If you’re concerned with your driving abilities, ask a loved one to ride along with you and to evaluate your situation honestly. You should also seek a professional opinion from a doctor.
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West Palm Beach, FL 33409
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Plantation, FL 33324
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Miami, FL 33156
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