South Florida Injury Lawyers Blog

Published on: January 21, 2013

Researchers Look into Effects of Sleep Aides on Drivers

The U.S. Food and Drug Administration (FDA) recently sent out a warning to Americans who currently use sleep drugs. According to Philly.com, these drivers are warned to talk to their physician about lowering their dosage of commonly used kinds of insomnia drugs. Officials are hoping that lower dosages of the drugs will help these drivers behind the wheel in the morning.

According to IMS Health, there were more than 50 million prescriptions that were handed out for sleeping pills in 2011. Close to 70 percent of the drugs were some kind of zolpidem. This is a drug that is sold as a generic drug and is sold under a plethora of names including Zolpimist, Edluar, Ambien CR and Ambien.

Our Tamarac accident lawyers understand that the FDA has received a number of event reports of this drug and its relation to driving impairment. These reports unfortunately didn’t include the information to help researchers to understand if or how the drugs affected driver’s ability to drive or their mental awareness.

“Recently, data from clinical trials and other types of studies have become available, which allowed FDA to better characterize the risk of next-morning impairment,” said an FDA Director, Dr. Ellis Unger.

What the FDA had to say:

-The FDA will be expanding its use of drive simulation testing to get a better look at how these drugs affect drivers.

-Driver simulation testing may soon expand to other drugs that could impair drivers.

-A driving simulator at the University of Iowa recently received more than $600,000 to conduct some more research. The grant was awarded by the National Highway Traffic Safety Administration (NHTSA). The NHTSA is currently working to get more information into alcohol-impaired driving, distracted driving and drowsy driving.

According to the director of operations with NADS, Omar Ahmad, testing is going to expand. Critics of the current testing process say that it’s not accurate because participants know what they’re being tested for and they know it’ a simulation, but many others say that the how the driver operates with and without the substance can be determined.

According to DrowsyDriving.org, there is an estimated 2,000 fatalities and more than 70,000 injuries that result every year because of drowsy driving. Unfortunately, these are only estimates because there is no direct way to test to see if a driver was drowsy at the time of an accident — like officials can test to see if they were under the influence.

Until further testing can be completed and analyzed, drivers are officially warned of the side effects of any sleep drug. You want to be careful and stay from behind the wheel whenever you’re feeling sleepy. If you start to feel sleepy behind the wheel, pull over and take a break. You can even take a nap. Driving while drowsy is a risk that no one should be willing to take!
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Published on: January 17, 2013

Bicycle Rally for Safety in Downtown Fort Lauderdale

By Dean Freeman

Downtown Fort Lauderdale recently threw a block party for safety awareness. We like it!

It was dubbed “Alert today, alive tomorrow” and helped to raise awareness about bicyclists in our area. According to the Examiner, it was all a part of safety efforts from the Florida Department of Transportation (FDOT). The logo for this event couldn’t have been more fitting either. It was of a pedestrian crossing a “dangerous” intersection, facing an aggressive car. It’s so fitting because it’s a scene we see here in South Florida all too often.

As our Vero Beach bicycle accident lawyers have recently discussed, Florida has been deemed the most dangerous state in the country for bicycle safety time and time again. According to a recent report from Transportation for America, the Miami-Fort Lauderdale area is ranked as the fourth most dangerous metro area in the entire U.S. As a matter of fact, the state of Florida holds all spots for the top 4 most dangerous areas in the country for bicyclists and pedestrians.

The U.S. Department of Health and the U.S. Department of Transportation recently conducted a study to further their findings regarding these dangerous trends. The study looked at lifestyles of more than 55 million people around the country. More than 25 percent of residents over the age of 15 say that they ride bicycles for exercise, more than 40 percent say they ride them for their health reasons and more than 35 percent say they riding for recreational purposes.

With all of these riders, we’re seeing an increase in accidents. Gas prices are remaining stagnantly high and residents are looking for a way to travel without breaking the bank. That’s where bicycles are coming in.

What many drivers aren’t aware of is a little known rule that requires motor vehicles to remain at least 3 feet away from bicyclists and pedestrians along our roadways.

Although motor vehicles may no longer be king of the road, seemingly outnumbered in some areas by bicycles, they still overpower us with their size, weight and strength. It’s time for bicyclists to reclaim the roadways and make the fight for safety. That’s where the recent “Alert today, alive tomorrow” came in to play. Motorists are asked to keep an eye out for these travelers while bicyclists are asked to make their presence known and reclaim their rights!

Pedestrians are fighting this same battle, too!

From 2000 to 2009, there were close to 500 people killed while walking through Broward County. In this area, more than 21 percent of all total traffic fatalities recorded during this time were of pedestrians.

Drivers are asked to be on the lookout. Keep an eye out for bicyclists and pedestrians. They’ve got a right to travel safely. Let’s work together, raise awareness and work to preserve these rights.
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Published on: January 14, 2013

Florida Construction Accident Risks – Worker Safety Must Remain Focus

By Dean Freeman

A picture is worth a thousand words. The company Safety Director of one construction company recently received a picture that cost quite a bit more.

According to the National Safety Council (NSC), a snapshot of a construction site led to a host of safety violations.

The picture may seem harmless to many at first glance, but when you take a second to look at it you can see a number of dangers. One of the most obvious is a man standing in an opening on the 3rd floor of a building. He was merely inches from falling to the ground with no support from any kind of guard rails or fall protection systems.

Our Cooper City accident lawyers understand that construction workers face some of the most serious risks for fatal work accidents. As a matter of fact, the U.S. Bureau of Labor Statistics (BLS) reports that there were close to 1,000 construction workers killed on the job in 2011. In addition, there are about 150,000 construction site accident injuries each year. Falls are the leading cause of death for these workers, which is why the proper fall protection is vital to keeping these employees safe!

There are a few other red flags in the recent picture released by the NSC. The photo also busts a worker standing on an erected scaffold. Unfortunately, the scaffold is about 20 feet up in their air — meaning a fall would almost certainly result in serious or fatal injuries. The scaffold exceeds the 4:1 height to base ration. The worker isn’t restrained and does not have any kind of fall protection. To make matters even worse, it is reported that the scaffold was never inspected by a competent person.

It’s important to remember that each and every piece of machinery used on a construction site should be inspected before each use. This inspection will help to eliminate any risks for accidents, injuries and even fatalities.

The risks in this picture don’t stop there. If you look over to the right side of it, you’ll see a forklift. It’s picking up two people on a pallet. The forklift is sitting on a dangerous embankment — moved closer to the building to gain access to higher areas!

What you might find most alarming is that one of the people on the forklift pallet isn’t even employed with the company. It’s actually the superintendent’s 16-year-old son! This was all going on while these workers were clearing the wall of excess material.

The bottom line is that workers need to be protected on the job, and it’s difficult with mindless mistakes like the ones captured in this picture. All workers working at least 6 feet above a lower level are required to have the proper fall protection. All workers need to be educated in the proper safety precautions to help to prevent fatal accidents. It’s a team effort!
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Published on: January 11, 2013

Uninsured, Unlicensed and Irresponsible Drivers a Risk in South Florida

By Dean Freeman

You can come up with all of the excuses you want, but the truth of the matter is that car accidents are largely preventable.

But if you’re looking for excuses, you need look no further than a recent story out of St. Lucie. According to the TC Palm, the driver in question rammed his car into another vehicle in a parking lot on Pine Lakes Boulevard. He said he was just in a rush to get some coffee and his windows were foggy.

He also said that he forgot to put his contacts in that morning. But officers became suspicious of the driver after they allegedly witnessed the driver slurring his speech and smelling of alcohol. Because of these suspicions, the driver was arrested.

In addition to these violations, the vehicle’s registration sticker was not valid, he had no proof of insurance, he was driving on a suspended license and he had already been convicted of DUI. He was arrested and charged with causing property damage, refusing a breath test and driving on a suspended license. He was also cited for failing to have proof of insurance and the proper car registration.

Our Port St. Lucie car accident lawyers understand that there were close to 235,500 motor vehicle accidents reported in the state of Florida in 2010. According to the Florida Department of Highway Safety and Motor Vehicles (DHSMV), there were close to 340,000 drivers involved in these accidents. We’re sure that many of them had some interesting excuses for the collisions, but the truth of the matter is that a good majority of them were caused by poor driving habits, like distracted driving and speeding.

Drivers without insurance also make it more difficult for accident victims to collect damages and is an all-too-regular occurrence on Florida roads.

In the state of Florida, there were close to 650 traffic accidents reported in the Sunshine State each and every day. In these accidents, there were close to 2,500 people who lost their lives and another 200,000 people who were injured.

To break it down a little farther — there were close to 800 people killed in car accidents that involved a driver who was under the influence of alcohol. These accidents are 100 percent preventable. Never should a driver get behind the wheel after consuming alcohol. There are multiple options for residents and visitors to get home after consuming alcohol. You can call a taxi, take the bus, call a friend or a family member or even stay put and sleep it off. These 800 fatalities were the result of driver irresponsibility and were 800 lives we didn’t have to lose.

Officers can only do so much. In 2010, there were more than 4 million traffic citations written in the state of Florida. According to ABC News, these citations brought it more than $100 million to the state.

The truth of the matter is that officers don’t want to write citations and no one wants to get into an accident. That’s why we’re calling on you to help make the roads safer in 2013. Practice safe and cautious driving habits with the New Year and help to keep our roadways safe for everyone.
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Published on: January 10, 2013

ATV-SUV Accident Kills Broward Rider

By Dean Freeman

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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Published on: January 1, 2013

Resolve to Avoid Pedestrian and Bike Accidents in 2013

By Dean Freeman

New Years is a time to make resolutions, and one of the best resolutions you can make is a promise to avoid dangerous driving behavior. Auto accidents happen every day, but there are certain behaviors that can increase your accident risk greatly. Speeding and distracted driving are two of those behaviors. Failing to pay proper attention to pedestrians and bike riders is another big issue that drivers should focus on in order to improve safety.

To help you avoid these top accident causes, our Broward injury attorneys are offering a four part New Years safe driving series. We’ve already discussed speeding and distracted driving and today we’ll be focusing on pedestrian and bicycle accidents.

Avoiding Pedestrian and Bicycle Accidents is a Key Goal for 2013
Tragically, the number of pedestrian and bicycle riders injured in accidents is on the rise. According to 2011 data provided by the National Highway Traffic Safety Administration (NHTSA):

There was an 8.7 percent increase in the number of fatalities among cyclists between 2010 and 2011
There was a 3 percent increase in the number of fatalities among pedestrians between 2010 and 2011

2010 statistics published in the Florida Highway Safety and Motor Vehicles Traffic Crash Statistics report also show that a large number of pedestrians and bike riders are killed or injured each year. According to the Florida data for 2010:

There were 7,290 pedestrians injured in crashes statewide in 2010.
There were 499 pedestrians killed in crashes statewide in 2010
There were 76 bicyclists killed in crashes statewide in 2010
There were 4,600 bicycle riders injured in crashes statewide in 2010

Pedestrians and bicycle riders may be at risk for many reasons, including drivers choosing to engage in distracted driving and failing to pay proper attention. Pedestrian and bike riders can also be injured when drivers fail to yield to them or when drivers misjudge the speed that the biker or pedestrian is going.

How to Avoid Pedestrian and Bicycle Accidents
Drivers, pedestrians and bike riders all share responsibility for preventing bicycle accidents. In order to avoid these accidents

Drivers should refrain from drinking and driving, driving distracted or driving drunk.
Drivers should yield to bikers and pedestrians who have the right of way.
Pedestrians and bike riders should obey the “Walk” sign at intersections and should cross at dedicated walkways.
Bike riders should use designated bike lanes whenever possible and should remember that they are subject to the rules of the road just as drivers are.
Bike riders and pedestrians should wear reflective gear at night time.

By focusing on becoming a safer driver in 2013, you can help to solve the problem of increasing pedestrian and cyclists accidents and you can help everyone to stay safer on the roads in 2013. Avoiding the other dangerous behaviors of speeding and distracted driving discussed during our New Years safe driving series will also help you to become a better driver who may be less likely to become involved in a serious crash.
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Published on: December 29, 2012

Distracted Driving a Top Accident Cause to Avoid in 2013

By Dean Freeman

As 2012 draws to a close, many people begin to consider ways to ring in the New Year and resolutions they want to make about the year to come.

As you think about the promises you want to make for yourself in the coming year, our Oakland Park injury attorneys urge you to consider making a safe driving resolution. By resolving to be a safer driver, you could potentially avoid an accident that could take your life or the lives of others on the road.

Fortunately, becoming a safer driver doesn’t have to be hard and should be a resolution that you can actually stick to. In order to get you started on the path to fulfilling your resolution, we’re offering a four part series on New Years safe driving. We’ve already discussed speeding and will discuss pedestrian and bicycle accidents in the future, but today we are focusing on distracted driving.

Distracted Driving is a Major Risk for Florida Drivers
Distracted driving has become a major public health problem. According to Distraction.gov:

3,092 people in the United States were killed in 2010 because of distracted driving crashes
A full 18 percent of all of the injury-causing crashes in 2010 were reported to involve distracted driving
Young people are at the greatest risk of distracted driving accidents. 11 percent of all drivers age 20 or under who were in fatal accidents were distracted at the time of the wreck.
A full 40 percent of all teenagers who responded to a Pew survey reported that they had been in the car with someone who was using a cell phone in a dangerous manner while driving
Drivers who are distracted by hand-held devices when they are driving have a four times greater risk of becoming involved in an injury crash than if they had not been using the hand held device
The risk of a crash when texting and driving is 23 times greater than the risk of a crash when not driving
When you are driving and using a cellular phone, the amount of brain energy that is devoted to driving declines by 37 percent. Using a headset instead of just holding your phone is not necessarily any safer or any less of a distraction.

These statistics highlight just how risky it is to make the choice to drive when you are distracted. Florida crash data from 2010 also highlights the risk. In 2010, seven fatal crashes were reported as involving distracted driving. Another 1,474 crashes that caused injury were described as distracted driving related.

Distraction.gov also points out that when you text and drive, your eyes are off of the road for around 4.6 seconds. During this time, if you were going 55 miles per hour, you’d drive far enough to span a full football field all without looking at the road.

Avoiding a Distracted Driving Crash
To make sure you do not fall victim to one of the thousands of distracted driving crashes that occur each year, you should make the commitment today that you will not drive when distracted. This means resolving not to talk on your cell phone, text, enter info into your GPS, reach for items on the floor of your car, or otherwise focus on things other than driving when you are behind the wheel. If you have teenagers who drive, you should also talk to them about how dangerous distracted driving is so that they will not make a risky choice.

Avoiding distracted driving is one key step to becoming a safer driver. Avoiding speeding and avoiding pedestrian or bike crashes are also top ways to avoid becoming a car accident victim in 2013. Check back for the rest of our four part New Years safe driving series to learn more about how to make safe driving a priority.
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Published on: December 24, 2012

Protecting Children from Defective Products for the Holidays

By Dean Freeman

Officials with the U.S. Consumer Product Safety Commission (CPSC) and the U.S. Customs and Border Protection (CBP) recently issued a statement saying there were over 2 million units of violative or dangerous toys seized last year.

These dangerous products never made it into children’s hands. Even with the good news, there were still some products that slipped through and wound up taking the lives of about 13 children. Thousands of kids are seriously injured each year by dangerous toys, clothing, bedding or other defective products marketed for use by children.

Our Fort Lauderdale defective products attorneys understand this is a very important time of year to be in-the-know when it comes to the latest product recalls from the CPSC. You never want to give a loved one, especially a child, a gift that comes with some serious risks for injury. Nor do you want to accept gifts and thereby unwittingly bring dangerous products into your home. It’s important for all Christmas shoppers to check out the latest recalls before hitting the stores and knocking out their holiday shopping. This list can help to save lives and prevent injuries.

Throughout the last 4 years, there have been about 8.5 million dangerous products stopped by officials. Close to 2,500 of these products were children’s toys. Still, 13 children died. When a product is seized, it’s confiscated by officials at the ports. The ones that sneak through make their way to stores and eventually into your home.

For this reason, officials are reminder consumers to remain vigilant when making toy purchases and to always keep safety at the top of your shopping list.

“Ultimately our goal is to protect our most vulnerable population – kids – and keep them safe this holiday season,” said Tenenbaum with the CPSC.

Latest Recalls:

-Izoard XP Bicycles Recalled by Wilier Triestina, serving up some serious fall hazards. Call (888) 849-7779 for information regarding a replacement fork.

-2011 Havoc Bicycles Recalls by Norco. These bikes can crack at the joint where the down tube meets the top tube. Call (800) 227-5579 for information on getting a replacement.

-Water Balz, Growing Skulls, H2O Orbs “Despicable Me” and Fabulous Flowers Toys Recalled By Dunecraft. There are marble-sized toys in these sets that can get stuck in a child’s esophagus if swallowed. Take from children and call (800) 306-4168 for a free replacement toy.

-Baby Jogger City Versa™ Strollers Recalled by City Versa Strollers. The frame on the stroller can lock and can collapse while being used. Call (877) 506-2213 for a free replacement stroller frame.

-Dream On Me Bath Seats Recalled. These seats can easily tip over and serve as a drowning hazard to children. If you have one of these seats, stop using it immediately and call (877) 201-4317 for a free replacement tub.

You can be Santa’s biggest helper by checking the CPSC Recall List and keeping defective products from finding their way under the Christmas tree. An informed consumer is a safe consumer. We wish you Happy Holidays!
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Published on: December 22, 2012

Securing Furniture to Prevent Tip-Over Accidents

By Dean Freeman

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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Published on: December 15, 2012

Drunk Driving Crackdowns in South Florida Continue Through New Year

By Dean Freeman

We’ve been talking recently about all of the dangers that accompany the holiday season. One of the most significant is drunk driving. Federal officials know that and they’re tackling it head on. Recently, the National Highway Traffic Safety Administration (NHTSA) announced the launch of its ‘Drive Sober or Get Pulled Over’ holiday crackdown.

This year, officials with the NHTSA have teamed up with those from the Governors Highway Safety Association (GHSA), Mothers Against Drunk Driving (MADD) and both local and state law enforcement officials to help to get drunk drivers off of our roadways through the holidays. In 2011, there were close to 10,000 people killed in drunk driving car accidents. Close to 400 of them happened in just the last half of December.

Our Oakland Park injury attorneys understand that there were close to 2,500 people killed in car accidents in just the state of Florida in 2011. We were ranked as the third most dangerous for traffic accidents out of the entire year. Out of those fatalities, more than 715 of them were killed in drunk driving car accidents. That account for roughly 30 percent of all traffic fatalities. What might be the worst news of all is that those accidents were completely preventable. No one has to get behind the wheel after consuming alcohol.

“The holiday season can be an especially dangerous time on our nation’s roadways due to drunk drivers – that’s why law enforcement officers will be out in full force,” said Secretary Ray LaHood with the NHTSA.

Traffic safety officials throughout the country have one message for you, “Drive sober or get pulled over!”

In the recent release of drunk driving statistics, the number dropped in more than 26 states. Florida was not one of those fortunate states. Our number of drunk driving accident fatalities actually jumped up about 2 percent.

This year’s drunk driving campaign is funded by more than $5 million in federal funds. It consists of national radio and TV advertising messages. These ads push visible enforcement of officers looking for impaired drivers. Officials want drivers to know that officers are out there and they’re looking for them — not to be a bully, but to help to reduce the number of fatalities resulting from drunk driving accidents.

The NHTSA offers you these tips to help:

-Plan ahead. If you will be drinking, you should not be driving. Get a designated driver or find another safe and sober way to get home.

-If you have to find an alternative way to get home, consider calling a cab, a friend or a family member to come pick you up.

-Be responsible. If you know someone who has been drinking, don’t let them drive. If you spot a driver who you believe is under the influence of alcohol, call law enforcement. Your call could save someone’s life!
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