South Florida Injury Lawyers Blog

Published on: December 13, 2012

Hosting a Party for the Holidays? Think Safety!

You may be planning on hosting a holiday get together within the next few weeks. You’re probably worried about decorations, the food and drinks and the lighting, but what you really need to be focused on is the safety of your guests.

You should be concerned with making sure that guests don’t drink too much and that no one under the age of 21 is consuming alcohol. These are both scenarios that could land you in some serious trouble!

Our Jupiter personal injury attorneys understand that if party hosts serve or provide alcohol to an underage person, they can be held liable for damages should something happen. It may sound silly, but the statistics speak for themselves:

More than 10 percent of 16- and 17-year-old and more than 20 percent of 18- to 20-year-olds reported driving under the influence in a U.S. Department of Health and Human Services survey.

Remember, it’s illegal to serve our young ones!

You also don’t want to overserve even those of age, because these people may leave your house and easily get involved in a drunk driving car accident. Give your guests the best holiday present of the year — safety!

Review the following party-hosting safety tips to help to keep you and your guests safe over the holidays.

Hosting a Safe Party:

-Try not to make alcohol the main focus of the party. Turn up some music, get a dance party started, play some games, serve some delicious food and get into some quality conversation.

-Don’t push alcohol on your guests. Don’t forget to offer them nonalcoholic beverages.

-Provide plenty of food. No one wants to drink on an empty stomach. Avoid salty foods as well. These only make guests thirstier.

-Cut off the drinks at a decent hour. Your best bet it to stop serving a couple hours before the party ends.

-Bring in people who you know won’t drink. They can help with setting up and can help to make sure that everyone has a safe ride home.

-Keep the phone numbers to taxi companies on hand for those who forgot to designate a sober driver.

-Try asking everyone to give up their keys at the beginning of the night. Toss them in a bowl and only give them back to the sober drivers at the end of the night.

-Make sure you know everyone’s age, or ID everyone, at your party. You don’t want alcohol to get into underage hands.

-Turn your sofa or your spare bedroom into a hotel and allow intoxicated guests to spend the night and sleep it off.

You never want your holiday party to end with a guest getting into an accident on the way home. Make sure everyone who gets behind the wheel after your party is sober. It’s a sure way to protect the safe of everyone!
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Published on: December 11, 2012

Holiday Decorations: Joyous and DANGEROUS!

By Dean Freeman

The holiday season may be awfully pretty, with the decorations in and out of our homes, but did you know that many decorations come with some serious dangers?

According to the U.S. Consumer Product Safety Commission (CPSC), close to 13,000 people are treated in emergency rooms across the nation for injuries sustained while putting up lights around the house each and every year. These injuries include falls, shocks and cuts.

Our Vero Beach injury attorneys understand that Christmas trees come with some serious dangers too, to you, your family, your home and those around you. The CPSC reports that these lighted trees cause about 300 fires each year, causing at least 10 fatalities, another 30 injures and more than $10 million in property damages and loss.

In addition to these accidents, there are another 12,000 resulting from candles. These little lights of glory wind up killing close to 200 people, injuring more than 1,000 and costing more than $170 million in proper damage and loss. One of the easiest ways to prevent these kinds of accidents is to make sure that each candle is in a nonflammable holder.

“Sometimes people are having such a nice time during the holidays that they forget to extinguish candles,” said Hal Stratton, Chairman of the CPSC.

Tips for a Safe Holiday:

Trees:

-Make sure that artificial trees are labeled “fire resistant.” This means that the tree will resist burning, not that it won’t catch on fire.

-Choose the freshest tree. Needles should be tough to pluck from the branch. The trunk should also be sticky.

-Make sure you place your Christmas tree away from sources of heat. Don’t place it near anything flammable and keep it out of exit ways.

-Use thin guy-wires to secure large trees to the walls or to the ceiling of your home. Don’t worry! These wires are almost invisible!

Lights:

-Use lights where directed by manufacturer (indoor/outdoor).

-Check each strand of lights before using. Check for cracks or frays in the wiring.

-Never connect more than three strands together.

-Don’t put lights on metallic trees.

-When fastening down lights, use hooks instead of staples to avoid piercing the wires.

-Be careful when removing them. Never yank or tug.

Decorations:

-Never put candles near a tree or near any other flammable objects.

-Keep candles away from children and from pets.

-When using “angel hair” to decorate, make sure you wear gloves.

-Make sure you follow the directions when hanging or spraying artificial snow decorations.

Have a plan! If something should happen, like a fire, have an escape plan set out for your family. Know how to get out, where to meet and who to contact. Review this policy with your family today!

We all want to make this holiday season a beautiful one. Let’s all do our part to make sure it’s a safe one, too! Be extra careful around these decorations. Happy Holidays!
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Published on: December 7, 2012

Bicycle and Pedestrian Accidents in South Florida on the Rise

By Dean Freeman

A series of recent bicycle and pedestrian accidents in the South Florida area has resulted in a number of fatalities that were just added to the Sunshine State’s already high number of non-motorist traffic deaths.

Mike Lasche, the executive director of Florida Walks & Bikes is just downright frustrated.

As it’s been for years now, Florida has some of the highest pedestrian and bicycle accident fatality rates in the country. This has a lot to do with the warm year around weather, the growing population, the rising costs of gas and a growing awareness about the effects of transportation on the environment.

Our Sunrise personal injury lawyers understand that, unfortunately, many of our roadways are designed with only fast-moving vehicular traffic in mind. Many lack proper crosswalks, sidewalks and/or bike lanes. The risks for these accidents are high without these amenities and have only increased with the end of daylight saving time and earlier nightfall.

Helping out non-motorists:

Nearly all biking and pedestrian advocacy groups say that the best way to help to keep these vulnerable travelers safe is to make changes to our roadway infrastructure. According to recent studies, roadways with dedicated travel areas for these vulnerable travelers can help to reduce the risks of an accident by at least 50 percent.

The same studies indicate that the state of Florida has the materials and the funding to implement a wide-scale education campaign that is aimed at improving the state’s infrastructure. Unfortunately, the program isn’t largely used.

To help keep everyone safe out there, officials with the Florida Department of Highway Safe and Motor Vehicles (DHSMV) is here to offer bicyclists and pedestrians some safety tips. Stay away from traffic and follow the tips below.

Bicycle and Pedestrian Safety Tips:

-Bicyclists should always travel in the same direction of traffic.

-Pedestrians should cross the road by using sidewalks.

-Before crossing the road, check left, right and left again. Continue checking for traffic as you cross the road.

-If you’re riding a bike, you should be wearing a helmet. This is especially important for our younger riders.

-If there’s no sidewalk around, pedestrians should walk facing oncoming traffic.

-Wear bright-colored clothing and reflective materials (especially at night) to help motorists to see you.

In the state of Florida, there were close to 100 bicyclists killed in 2010. During that year, we were ranked as the second most dangerous state in the country for these accidents. Also in 2010, we saw another 500 pedestrian fatalities resulting from traffic accidents. We were ranked second in the country for these kinds of accidents.

Travelers of all kinds are asked to be cautious out there and be courteous to one another. Teamwork may be the only way that we can take matters into our own hands to help improve roadways safety, regardless of current infrastructure problems.
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Published on: December 5, 2012

AAA Helping Elderly Drivers to Find the Perfect Car

By Dean Freeman

About 90 percent of drivers who are over the age of 65 report that they’re suffering from health issues that affect their driving safety.

It’s important that these older drivers are equipped with a vehicle that fits them, meaning a vehicle that is comfortable and safe for a a driver who may have a lack in muscle strength or flexibility. According to the AAA Foundation for Traffic Safety, only about one out of every 10 elderly drivers with health issues is driving a vehicle that adapts to their condition, meaning it has keyless entry or a large display of dash controls.

To help seniors behind the wheel, officials with AAA have updated their Smart Features for Older Drivers resource. It now better addresses these kinds of issues for those conscious of their health issues and the impact on their driving. AAA decided to launch this resource in partnership with the Institute for Mobility, Activity and Participation with the University of Florida back in 2008. In the most recent update, the feature points out vehicles than can help to improve the safety of elderly drivers along with their comfort behind the wheel. There’s even a list of these vehicles. It also provides these drivers with an online tool to help them to determine their needs from a vehicle.

Our Margate personal injury attorneys understand that there are roughly 10,000 individuals who are celebrating their 65th birthday in the U.S. each and every year. We also know that there are families throughout the state who are coping with these age-related driving problems. According to Robert Darbelnet, CEO and President with AAA, the Smart Features resource can help to keep elderly drivers safe behind the wheel for longer.

Conditions commonly experienced by elderly drivers:

-Limited range of motion.

-Leg pain.

-Hip pain.

-Arthritic joints.

-Diminishing vision.

-Delayed reaction abilities.

These conditions not only affect a driver’s comfort behind the wheel, but they greatly increase the risks for accidents.

The truth of the matter is that everyone ages differently. It’s important that we all look for a vehicle that fits our needs. Like for drivers who suffer from leg issues, they should look for a vehicle that comes equipped with six-way adjustable power seats.

Drivers that have arthritic hands should look for thick steering wheels, four-door cars, keyless entry systems and cars equipped with plenty of power features, like powered seats and mirrors.

Drivers who have sight problems should look for vehicles that have auto-dimming mirrors as well as large displays on the dashboard.

If you have an elderly driver in your family, help them determine the best vehicle fit for them. Elderly drivers may not always be aware of the newer technology available in motor vehicles and they may not know how it can help them. Sit down and talk to them about their issues they’re having behind the wheel. Help to solve these issues by finding a vehicle more suitable for their needs.
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Published on: December 3, 2012

South Florida Driving Safety: Flooded Vehicles, Hidden Dangers

By Dean Freeman

Before purchasing a new car, you’re going to want to do your homework. This is especially important with the recent damages from Hurricane Sandy. We’re talking about damages to vehicles resulting from flooding.

According to the Florida Department of Highway Safety and Motor Vehicles (DHSMV), consumers are being warned to keep their eyes out for vehicles that are being sold without the disclosure regarding flood damage.

In the state of Florida, dealers are prohibited from making any kind of deceptive, misleading or false statements about the history or the condition of the vehicle in question. Dealers are also required to disclose “Salvage” vehicles to consumers. “Salvage” is the category that is used for vehicles than have been damaged in a flood. If sold without the proper disclosure, a dealer may violate Unfair Trade Practice laws and face some serious consequences.

Our Boca Raton personal injury attorneys understand a vehicle can appear to have no damage, but damage from flooding can seriously mess up a vehicle’s safety mechanisms as well as its computer. Both of these instances can serve as some serious safety hazards and dangers to a new owner. You have a right to know what you’re buying and sellers have an obligation to be honest with you.

We’re here with some tips to help you to look into a vehicle before purchasing:

-Be sure that, before purchase, you take the vehicle to a certified mechanic to get a thorough look at it.

-Keep your eye out for a deal that’s too good to be true. That’s one of the biggest red flags.

-Take the time to look at the vehicle yourself. Look inside and out.

-Take a peek at the engine. Look to see if there’s a high water mark on the radiator. This is a clear indication that the car has indeed been flooded.

-Inspect the engine for corrosion or rust on the wires on the engine and on other components under the hood.

-Look at the carpet. Keep an eye out for an odor or any kind of mildew.

-Make sure you’re dealing with a reputable dealership when car shopping.

-Be cautious of car auctions. These are where many flooded vehicles end up.

-Before you purchase a vehicle, ask the dealership if you can have a detailed report of the history of the vehicle.

Most importantly, you should be extra careful when dealing with private sales. Those who are selling a vehicle on the internet or through any other kind of advertisement are not regulated by the State of Florida, meaning that they aren’t required to let you in on this kind of information. Do your own research to avoid being duped.
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Published on: November 30, 2012

Seat Belt Usage Up — Still Thousands Killed in Accidents

By Dean Freeman

As we head into the last few weeks of 2012, we’re also heading into some serious risks for car accidents. The last eight weeks of each year are some of the most dangerous, especially in the state of Florida. We’re asking all motorists to be safe out there and we’re starting with seat belts!

According to the National Highway Traffic Safety Administration (NHTSA), more Americans than ever are wearing their seat belt. Unfortunately, there are still a lot who aren’t. The most recent statistics show that about 85 percent of Americans are buckling up. Because it’s not 100 percent, we’re still seeing tens of thousands of people die each and every year in car accidents.

Our Fort Lauderdale car accident lawyers understand that the rate of seat belt usage has climbed consistently since 1994. Still, there aren’t enough people buckling in. It’s like cell phone usage or alcohol. We know both are extremely dangerous for drivers and significantly increase your risks for a fatal accident, yet millions continue to ignore the risks.

“When it comes to driving safely, one of the most effective ways to protect yourself and your family is to use a seat belt,” said the Secretary for the U.S. Department of Transportation (USDOT) Secretary Ray LaHood.

Seat belt usage is consistently higher in areas where laws are tougher and enforcement is stronger. Here in the state of Florida, our law requires that front seat passengers wear seat belts. This means all front-seat passengers of vehicles that were made after 1968. In addition, all passengers under the age of 18 are required to be buckled in or seated in the proper child car seat. If you’re busted riding along our roadways without the proper safety restraint, you could find yourself with a $30 fine for a first-time violation. If you’re busted with a child who isn’t properly restrained, then you’re looking at a $60 violation!

Why should you buckle up?

-To help to protect yourself and others.

-To avoid getting a costly citation.

Florida has had a safety belt law since 1986, but officers were only able to write tickets to unbuckled motorists when they were stopped for other violations. This law used to be secondary enforcement. Now that the law is primary enforcement (passed on the 30th of June in 2009), officers are able to stop motorists just because they are not wearing safety belts.

Parents are urged to keep children properly buckled during every car ride. These young children can’t do it themselves and their safety relies on you. Be a safe and responsible motorist and make sure everyone knows the importance of and knows how to properly use a seat belt. These safety devices can increase your risks of surviving an accident by about 50 percent!

Believe it or not, but the seat belt is your car’s best safety feature. Remember that it only works if you use it. Buckle up and stay safe!
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Published on: November 28, 2012

Scuba Tragedy Highlights Liability, Risks in Broward, Palm Beach Counties

By Dean Freeman

A scuba accident in Pompano Beach off the Hillsboro Inlet killed one woman on Thanksgiving Day, according to CBS Miami.

The 54-year-old woman was in town from New Mexico with her nephew when the accident happened, reports the Broward Sheriff’s Office. It all happened when the victim and the rest of the group was heading back to shore from a dive outing. The catamaran, The Coral Princess, flipped over. Witnesses say the vessel was caught from behind by an 8 or 10 feet wave that flipped it over.

“They just went on this fun trip together to just do dives,” said Dani Moscehlla, a spokeswoman with the sheriff’s office. “So this is especially tragic that it was on Thanksgiving and it ended in tragedy.”

Our Palm Beach scuba accident attorneys understand that dive operators have an obligation to keep customers safe. This counts when dealing with boating, scuba diving, jet skiing and even parasailing. These companies need to take all of the proper safety precautions to keep you safe!

According to the owner of the boat, with the South Florida Diving Headquarters, the crew is spending their time helping the victims to recover.

The accident is still being investigated by officials.

While the company is “doing all they can” to assist those affected by this catastrophic accident, it’s easy to see that this same “can-do” philosophy should have been applied before the boat ever left shore. It’s important for these owners to make sure that all of their equipment is up-to-date and safe, that their employees are thoroughly trained in the duties they’re executing and that all of the safety devices needed for such a voyage are provided to the customers.

In 2009, there were close to 3,500 people who were injured and another 750 who were killed in boating accidents in the U.S., according to the Centers for Disease Control and Prevention (CDC).

The same goes for activities like scuba diving. Companies are required to make sure that all equipment is safe and operational while also making sure that all workers are properly trained and certified. The truth of the matter is that scuba fatalities are oftentimes completely preventable. It just takes a little awareness to keep them from happening.

The top three root causes leading to diver fatalities:

-Pre-existing disease or pathology in the diver.

-Poor buoyancy control.

-Rapid ascent/ violent water movement.

Before choosing a company to dive with, make sure you do you research. Check out their background. Take a look at accident reports, look into the maintenance of their equipment and check out the credentials of their employees. It’s a move that could prevent a potentially catastrophic accident.
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Published on: November 26, 2012

Helpful Civilian Sustains Lifelong Injuries in Roadside Accident

By Dean Freeman

Being stranded on the side of the road can be a scary experience. Just ask Angel Soto Jr. According to The Palm Beach Post, he had to have one of his legs amputated, had one of his feet fractured and was locked up in a hospital room for weeks — all to save the life of a helpless motorists. Any regrets? No way, says Soto Jr.

The victim he helped was Alexander Proscurshim from Boynton Beach. He was sitting on the side of the road after he crashed his truck. He was bleeding from the head. Soto Jr. stopped to lend a helping hand. Just seconds after he stopped though, a passerby slammed right into Soto’s truck.

Our Palm Beach personal injury attorneys understand that these can be some of the most dangerous scenarios on our roadway. While Soto says he is glad to be alive, he realized that he’s going to have a long and painful recovery. Doctors told him he’s going to have to learn how to hold himself up on his left leg before they can attempt to attach a prosthetic leg. Rehabilitation can’t be made though, until his feet heal.

It’s not just the physical pain. He’s also dealing with a lot of emotional trauma. Dr. Gene Rodriguez, trauma surgeon at Delray Medical Center, Dr. Gene Rodriguez, says that these are damages that can last a lifetime.

Even though Soto Jr. is keeping it positive, he says he’s angry at the other driver for being so careless. He adds that he believes that the driver was on the phone when the accident happened. That’s a behavior that’s not regulated by state law. Florida continues to be one of the only states in the country that still allows drivers to take their hands off the wheel and their eyes off of the road and pay attention to cell phones and other communication devices while driving.

Unfortunately, officers with the Boynton Beach Police say that they can’t find anything that proves the driver was on the phone. Subsequently, criminal charges have not been filed. The driver has been charged with reckless driving though, and Soto Jr. plans on filing a personal injury lawsuit.

If you should find yourself on the side of the road, we’re asking you to follow some simple safety precautions to help keep you and your passengers safe:

Make sure you always travel with a cell phone. If your car breaks down, make sure you pull off to the side of the road as far as you can. Turn on your hazard lights to make sure others see you. Call roadside assistance or a family member to request help. It’s also a good idea to keep your car packed with an emergency kit. In this kit, you should keep emergency flares, a flashlight, some tools, water, nonperishable food items and a first-aid kit. You also never want to accept a ride from a stranger or emergency responder of any kind without first checking for identification. Most importantly — you want to stay inside of your vehicle with your seat belt on while waiting for help. One of the most dangerous things you can do is get out of your vehicle. This only puts you at greater risks for another accident.
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Published on: November 23, 2012

Staying Safe during This Year’s Black Friday Events

By Dean Freeman

Black Friday is the busiest shopping day out of the entire year. It’s also the most dangerous. Are you ready? Our Coconut Creek injury attorneys are here to help you to get through your shopping spree safely.

Retailers need to focus on safety measures as much as they need to advertise the deals they’re offering. Companies need to beef up security. Many bring on law enforcement officers to help keep crowds under control. Last year, national attention was directed toward Arizona after a grandfather caught up in the Black Friday chaos at Walmart was kicked unconscious over some video games.

And it’s not just in Arizona, there are a number of states that have reported serious injuries in the past because of the Black Friday bonanza.

Some stores are working to spread out their hot-ticket items. Keeping them in separate areas will help to break up the crowds. Some stores are even handing out ticket numbers, limiting how many people can be in the store at once.

Not everyone’s doing it though.

According to recent studies, it’s the electronic devices that are getting the most attention.

“The safety of our shoppers is our top priority,” said Neal Kleinman, Macerich’s vice president of property management. Macerich owns and operates malls in portions of the U.S.

Even with all of the last-minute meetings among security officers at malls and shopping plazas, there are things you can do to help to keep safe over Black Friday.

Black Friday Safe Shopping Tips:

-Get there early so you don’t have to fight through the people to find the items you want.

-Leave the kids at home. It’s best to get them a babysitter or leave them with a family member.

-Don’t push through people to get to what you want. Let’s all be nice!

-Be nice to store employees who are trying to help you find an item. They can’t possibly know where every single item is.

-Remember that there aren’t large quantities of all items. Items can sell out.

-Try to shop online to avoid the mess.

-Have your keys in hand when approaching your vehicle. Check the back seat and around the car before getting in.

-Use a credit card to avoid thefts of large amounts of cash that are irreplaceable.

-Allow yourself with enough time to get the store. No item is worth getting into a car accident.

-Get enough sleep the night before so you’re less irritable.

-Don’t take all of the items off of the shelves. Let someone else get a chance to grab what’s on their wishlist.

-Don’t bite off more than you can chew and don’t purchase more than you can carry.

-Visit a store before Black Friday so you know where everything is that you would like to buy.

-Keep an extra close eye on your purse and wallet.
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Published on: November 22, 2012

Breakdown Safety: Staying Safe in Your Time of Need

By Dean Freeman

Most Floridians will be doing their fair share of traveling within the next few weeks. It’s the holiday travel season and everyone will be out heading to and from gatherings with friends and family members.

For many of these trips, we’ll have to hop on the Interstate, whether it’s Interstate 95, Interstate 75 or Interstate 4.

The truth of the matter is that these roadways are dangerous, not only when you’re driving along them, but in the unfortunate event that you experience a breakdown. Regardless of what kind of car you have or how new it is, breakdowns can happen. For this reason, everyone needs to be prepared, needs to know how to stay safe and needs to have a plan in place.

Our Lantana personal injury lawyers encourage you to prepare before setting out. We’re also here to offer your some preventative measures to help to keep you out of these kinds of situations and we’re here to offer you with safety tips should you become stranded amid a see of passing motorists.

Before heading out, you want to make sure you’ve taken all of the proper safety precautions you can to make sure your vehicle is in traveling condition. Before heading out on a long trip, consider having it checked out by a mechanic. You’re urged to check the fluids under the hood. Make sure they’re all fresh and full. You also want to take a peek at your tire pressure. Make sure that all of your tires are filled and match the vehicle’s specifications, which are typically found on the inside of the driver’s door and may differ from the specifications printed on the side of the tire.

You’re going to want to fill up before you head out, too. You don’t want to run low on gas out there. There’s no telling where the nearest gas station will be.

Breakdown Safety Tips:

-If you get stuck on the side of a busy roadway, don’t get out of the car. If you can, get your vehicle to a safe location or wait it out and call for assistance.

-Always keep a roadside emergency kit with you. Make sure you have reflective triangles, flares, blankets, flashlights, jumper cables, antifreeze, band-aids and water and nonperishable food items.

-If you get a flat tire, just ride on the rim (slowly) until you get to a safe area. Even if driving on a flat means the wheel itself is damaged, it is far more important you ensure your personal safety.

-Put your hood up. That’s the international sign for “help.”

-If someone approaches your vehicles who you do not know, do not open the door for them. Simply crack your window and ask them to call for help.

-If you see an emergency call box and need to use it, make sure you can get to and from it safely before using it.

All too often, victims of breakdowns on the side of the road are injured by passing vehicles. These victims might believe that other drivers can see them, but the truth of the matter is that the other drivers can be distracted or just can’t see. Stay safe out there, prep your car for road trips and be ready in the event of a breakdown.
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