South Florida Injury Lawyers Blog

Published on: November 16, 2012

Injury Victim Starts Foundation to Help Others with Spinal Cord Injuries

A tragic accident left a 24-year-old Florida visitor, Anthony Purcell, with a lifetime of problems. It all happened when he dove into the water off of South Beach in Miami and right into a sandbar.

Luckily, he was able to survive, but was paralyzed in the accident. He suffered from two bruised vertebrae and a broken neck. He was at the intensive care unit at Jackson Memorial Hospital for six weeks. For most of his time spent there, he was in a medically induced coma. During his stay, his lungs collapsed more than 15 times.

“I thought I was going to die,” recalls the young man.

As soon as he could, he started rehabilitation, which made all the difference. The young man and his mother recently founded a foundation to help to get similar victims the same kind of help. It’s the Walking with Anthony foundation. Now, he can stand with a walker and can bench press nearly 200 pounds!

Our Coral Springs personal injury attorneys understand the pain and the struggle that these victims experience after such catastrophic accidents. It’s always uplifting to hear about those who fight their way through the struggle. When the young man first entered rehab, he couldn’t even stand, now he’s walking around and working out. He even recently hosted his first fundraiser on the 2nd of November.

The event was called “South Florida Movement for Change: It’s Time to Soar” and was held at the Fort Lauderdale Executive Airport. The fundraiser is helping to collect grants for Chris Hickox and Nick Williams, both students were athletes from Cardinal Gibbons High School. One was paralyzed from the waist down and the other was left with a serious spinal cord injury after a 2009 ATV crash.

The grants that are raised are going to help to get the two much-needed treatment for the Spinal Cord Injury Recovery Center in California.

“You need rehab immediately,” says Purcell’s mother. “The faster, the better. I’ve seen that with my own son, and I can’t imagine someone else not being able to do that for their own.”

The family decided that they wanted to launch this foundation when the figured out that there was little help for these injury victims, despite all of the funding that goes toward research. Most people who experience these injuries don’t have the funds to treat them. Unfortunately, most insurance companies only cover this treatment for less than 3 weeks.

The foundation has raised nearly $250,000 so far and has already been given to those in need to rehabilitation services.

According to the National Spinal Cord Injury Database, each year there are more than 10,000 people who suffer a spinal cord injury. Close to 85 percent of these victims are men.

The truth of the matter is that lifetime costs for these kinds of injuries can be millions of dollars. Unfortunately, we don’t all have that lying around as spare change. That’s why it’s important that we fight for our rights and for the compensation that we deserve. That’s where an aggressive attorney comes in.
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Published on: November 14, 2012

Defective Products Threatening Your Family’s Safety?

By Dean Freeman

In 2010, there were close to 40,000,000 people who sought medical attention because of an injury related to, but not necessarily caused, by, a consumer product. According to the U.S Consumer Product Safety Commission, this is an increase of close to 6 percent from the number of injuries from the year before.

Our Lauderhill defective products attorneys understand that there are more than 20,000 people killed because of defective products in the U.S. each year. These dangerous products wind up costing more than $500 billion in these fatalities, injuries and property damage. Each year, there are between 200 and 300 product recalls. It’s important that you stay on top of the recall list to make sure that your family and your household is safe from these dangers.

Dolan Northwest Recalls Ceiling-Mounted Light Fixtures:

Close to 10,000 of these fixtures have been recalled by Dolan Northwest LLC, of Seattle d/b/a Seattle Lighting, Globe Lighting, Builders Lighting and Destination Lighting because the socket wire insulation can degrade. When this happens, the wires become exposed and can send electricity to the metal canopy. This serves as a serious shock and fire hazard. There have already been two reports of defective fixtures. Model number 562-09 and 562-30 are covered under the recall. If you have one of these lights, stop using it immediately and contact the company for a free replacement fixture and a $50 voucher.

Tikit Folding Bicycles Recalled by Bike Friday:

Bike Friday is recalling close to 4,000 bikes because the handlebar stem can break off and can cause the ride to lose control and to fall. There have already been 6 reports of broken handlebars. There have also been 2 reports of injuries. These injuries include lacerations, bruises and scrapes. If have one of these bikes, please stop using it immediately and contact the company AT(800) 777-0258 to schedule a free repair.

Pramac America is recalling Powermate Generators:

Close to 8,000 of the Powermate Sx 5500 portable generators are being recalled by Pramac America LLC, of Kearney, Neb. What can go wrong is the fuel filter on it can leak gas and can serve as a serious fire hazard. There have already been more than 50 reports of this happening. These generators have “Powermate 5500” printed on the side of them. Model name Sx5500 and model number PM0125500 is affected by this recall. If you have one of these generators, contact the company at (800) 445-1805 for a free repair kit including a replacement filter, hose and hose clamps for fuel line.

Remember to check the CPSC’s recall list often. Remind friends, family members and neighbors to do the same. All too often, defective products find themselves in our homes and we never even know about it. Find these products before they find you!
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Published on: November 12, 2012

Young Driving and Alarmingly High Risks for Drowsy Driving

By Dean Freeman

If you’ve got a newly-licensed driver in your family, you might want to talk to them about the dangers of drowsy driving.

A recent study from the AAA Foundation for Traffic Safety revealed that drivers between the ages of 16 and 24 have the highest risks for these kinds of accidents. You might think these youngsters have all of the energy in the world, and that’s mostly true, until they get behind the wheel.

Our Fort Lauderdale car accident attorneys understand that these young drivers are more likely than drivers in any other age group to drive while feeling drowsy. Where only one out of every 10 adult drivers admit to driving while drowsy at least one time in the last month, one out of every seven young drivers admit to it. When involved in accidents, these young drivers were more than 75 percent more likely to be drowsy at the time of impact than drivers who were between the ages of 40 and 59. Drowsy driving continues to be a leading contributor in traffic accidents across the nation.

“In preparation for the holiday driving season and with many young drivers heading home for Thanksgiving break, AAA is drawing attention to this often overlooked crash risk that is a serious threat to everyone’s safety on the road,” said Robert Darbelnet with AAA.

Does your teen know how to point out drowsy driving symptoms?

-Drifting off or daydreaming.

-Swerving along the road and in and out of your lanes.

-Yawning excessively.

-Having a tough time remembering the last few miles driven.

-Missing your exits and ignoring street signs and traffic devices.

-Having a tough time focusing your eyes.

-Having a hard time keeping your eyes open.

To help you and your teen to avoid drowsy diving, it’s important that you take the appropriate actions. Share the following with your teen to help to keep them safe out there.

Drowsy Driving Safety Tips:

-Be sure that you’re getting plenty of sleep each night (between 7 and 9 hours).

-Try not to drive during times that you would normally be sleeping.

-When planning out your road trip, make sure you plan in rest stops. You should stop every 100 miles or at least once every 2 hours.

-Try not to eat big meals before or during your road trip.

-Travel with a licensed friend or family member so you can exchange driving roles to make sure everyone is wide awake and well-rested.

-Avoid taking medicines or medications that can cause drowsiness or can impair your driving abilities.

Talk with your young driver today about these risks. They’re going to be spending a lot more time behind the wheel as we roll into the Holiday season. Let’s make sure that this time is safe. It’s a discussion that could wind up saving their life.

Remember: National Sleep Foundation’s Drowsy Driving Prevention Week® runs November 12-18.
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Published on: November 6, 2012

Broward Trucking Accidents and The Right to Reduce the Risks

By Dean Freeman

Back in July, President Obama signed MAP-21 of “Move Ahead for Progress in the 21st Century Act.” This was the bill that authorized more than $100 billion for transportation improvements over the next two fiscal years. This is the first long-term highway authorization act since 2005.

Our Fort Lauderdale trucking accident attorneys understand that there are quite a few safety improvements that the U.S. and the State of Florida need to help to reduce the number of these serious accidents. The initiatives that come along with MAP-21 include new databases for drug testing results, better driver’s education requirements, a review of minimum insurance levels and more efficient electronic logging of drive time.

“These rules, along with the new drug and alcohol database, will go a long way towards reducing truck/car fatalities in America,” said Steve Owings with RoadSafe America.

RoadSafe America celebrated its 200th donor in September, but there’s still a long way to go. According to the U.S. Department of Transportation (USDOT), there are close to 4,000 people who are killed in traffic accidents with commercial trucks every year. In addition to these fatalities, there were close to 100,000 people injured. This year’s MAP-21 is headed in the right direction, but it’s not going to satisfy safety advocates.

Adaptive Cruise Control: This system should be implemented on all trucks. What it does is slows a truck as it approaches heavy and congested traffic.

Hair Follicle Testing: By using these kinds of drug tests, drivers would have a lot tougher time faking their drug tests. Pee tests aren’t enough!

Prescribed Narcotics: A system needs to be created that prohibits commercial drivers from obtaining exemptions for powerful narcotics. Driver’s abilities are altered all too often because of narcotics.

Sleep Disorder Screening: Sleep apnea and other sleep problems can have some serious effects on their safety and the safety of other motorists. Still, the federal government has yet to address this issue in any meaningful way.

Shipper & Receiver Liability: Freight company owners must share the responsibility to improve safety in the industry. All too often, these companies play the blame game when an accident happens.

Safe Pay: Drivers shouldn’t be paid by the mile. This takes a driver’s attention off of safety and on to the $$. Drivers should instead be paid by the hour.

Crash Avoidance: More attention needs to be placed on the next generation of safety equipment and technology for these drivers and for these vehicles.

With each and every improvement, we have a chance to save the lives of motorists. Over the last ten years, the number of commercial trucks has jumped by close to 5 million. Still, there’s a shortage on truckers available for the drive — forcing many of them to work under grueling conditions.
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Published on: November 4, 2012

Lauderdale Rollover Accident Kills One

By Dean Freeman

A 32-year-old driver from Plantation was killed over the weekend in a Fort Lauderdale car accident. It was a rollover car accident in which he was ejected from the vehicle.

According to the Sun Sentinel, it all happened on South Federal Highway just north of 595 right before midnight. He reportedly lost control of his vehicle and swerved off of the left side of the road. His car flipped onto its side, onto a median and it started to roll uncontrollably. The Broward Sheriff’s Office reports that the driver was not wearing his seat belt when the accident happened. The car stopped right on top of him. He was announced dead at the scene of the accident. The three passengers in the vehicle were transported to Broward Health Medical Center, and are doing okay.

Our Fort Lauderdale car accident lawyers understand that we’re all at some serious risks for rollover accidents. Despite the recent modifications and advancement in Electronic Stability Control (ESC), vehicles can flip over quite easily when not handled properly. According to the National Highway Traffic Safety Administration (NHTSA), there are close to 30,000 rollover accidents that are reported each year. These accidents take the lives of more than 10,000, too! SUVs minivans and trucks are the most likely to be involved in these kinds of accidents, and these passengers are at the highest risks for injury and death in the event of one.

In 2003, more than 35 percent of deadly SUV collisions were the result of a rollover accident. During that same year, less than 16 percent of deadly passenger vehicle accidents were the result of a rollover accident.

SUVs are oftentimes narrow and tall. They have a higher center of gravity and they can carry more cargo. All of these factors make them more likely to rollover in the event of an accident.

Even with all of these statistics, about 40 percent of all Americans think that they’re safer in an SUV than in a passenger car. Another 50 percent of Americans don’t even take the weight of the load into consideration for the cause of these accidents. About 40 percent of Americans feel more powerful when they are driving or riding in an SUV.

Rollover Safety Tips:

-Watch your speed. Rollover accidents are more likely when traveling at a high rate of speed.

-Avoid drinking and driving. About half of all rollover accidents involve a drunk driver.

-Wear your seat belt. More than 70 percent of rollover accident fatalities were not buckled in at the time of the accident.

-Never overload your SUV.

-Be cautious when traveling along rural roadways. These accidents are more common here.

-Check out a vehicle’s safety rating before making a purchase.

-Make sure your vehicle’s tires are in good-working order.

-If your vehicle veers off the road, don’t brake suddenly – reduce speed gradually and ease back onto the road.
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Published on: November 2, 2012

Golf Cart Accident involving Rubio’s Daughter Highlights Risks

By Dean Freeman

The 12-year-old daughter of Sen. Marco Rubio’s was involved in a golf cart accident over the weekend. Rubio was campaigning in the state with Mitt Romney. Just before 7:00 p.m. Romney’s campaign bus pulled over on the side of Interstate 4 between Land O’ Lakes and Kissimmee to drop off Rubio, according to The Washington Post. He caught a plane to go see his girl, who was in the Miami Children’s Hospital.

“While visiting with classmates, she was a passenger on a golf cart involved in a collision in a private gated community. She was airlifted to Miami Children’s Hospital with a head injury,” said Alex Conant, a spokesman for Rubio.

Our Port St. Lucie accident lawyers understand that about 40 percent of golf cart accidents happen because a passenger of the cart falls off. Many of these accidents involve young children, according to the Consumer Product Safety Commission (CPSC). In addition to these kinds of accident, about 10 percent of them are the result of a rollover accidents. As a matter of fact, these accidents (rollover accidents) are about twice as likely to cause some serious injuries and hospital stays as other kinds of gold cart accidents.

Still, passenger ejection accidents are the most common. It’s usually the passenger, and not the driver, who is ejected because the driver not only has the steering wheel to hold on to, but they can also anticipate the turn.

With the lightweight frames of golf carts carried on small tires, these vehicles can be precariously unstable. They tip over easily and don’t have enough effective standard automobile safety features. In many of these cases, driver error is the cause of such accidents.

Golf carts don’t usually have seat belts either. They’re usually used on golf courses and don’t have belts so that users can enter and exit with ease. For this reason, the American National Standards Institute (ANSI) doesn’t require any seat belts on these vehicles. Instead, they’re required to have handholds and body restraints to help to keep passengers in. This doesn’t always work though. One of the problems with them is that the handholds are located on the outboard edge of the seat. It doesn’t provide the leverage that a passenger needs to prevent an ejection.

Each year, there are close to 15,000 golf cart-related accidents that send people to the emergency room. This number is on the rise as the fun-to-drive carts grow more and more popular on our city’s streets.

It’s estimated that about 40 percent of these accidents involve a child who is under the age of 16.

“That’s a disproportionate amount of children, considering most golf carts are still used on golf courses by adults,” says Kristopher Seluga, a mechanical engineering and safety expert studying golf cart safety.
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Published on: October 29, 2012

Preventing Fall Accidents for Elderly Residents in South Florida

By Dean Freeman

One out of every three elderly residents in the state of Florida will be the victim of a fall accident. Falls can serve up some serious injuries, including severe head injuries and bone fractures, and can also increase your risk for an early death.

One of the biggest problems, aside from the actual fall accident itself, is the fact that most elderly residents never talk to their doctor about it. According to the Centers for Disease Control and Prevention (CDC), there are close to 2.5 million people who were sent to the E.R. because of a fall accident in 2010. Another 660,000 of these elderly residents were hospitalized because of their injuries.

Our Fort Lauderdale accident lawyers understand that falls are the number one cause of injury for residents over the age of 64. The costs for these kinds of accidents in 2010 totaled roughly $30 million. Many of these accidents can be prevented though, by following a few simple safety tips.

In 2010, the overall rate of nonfatal fall injury episodes for which a health-care professional was contacted was 43 per 1,000 population. Persons older than 75 had the highest rate (115).

What are the results of fall accidents?

-Nearly 25 percent of people who experience a fall accident are seriously injured. These injuries can make life tougher for these individuals and can lead to an increase in the risks for an early death.

-Fall accidents are the most common cause of Traumatic Brain Injuries (TBI). As a matter of fact, these injuries were the cause of close to half of all fall fatalities.

-Most fractures that are sustained by elderly residents are the result of fall accidents. Most commonly, these injuries occur to the upper arm, the leg, the hip, the hand, the pelvis, the leg and the ankles.

-Even when people fall and are not injured, they develop a fear that can hinder their everyday activities. They’re scared of falling again. This fear can actually increase their risks for another fall accident.

The death rates from falls among older men and women have risen sharply over the past decade.

Remember that businesses have an obligation to provide safe passage. Premises liability suit can result from slippery floors, broken sidewalks, dark stairwells and other dangers that contribute to falls, which can be particularly dangerous for older adults. This is especially relevant in the state of Florida, which has such a large elderly population.

Make sure that you take these same safety precautions at home. Make sure that you clear walkways, that your home in well-lit, that all floors are dry and that you have railings and handles where needed. You should also exercise regularly and have your vision checked annually.
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Published on: October 25, 2012

Boating Accident a Reminder of the South Florida Risks this Winter

By Dean Freeman

We live in South Florida and we’re provided with a year-long opportunity to hit the waters off our beautiful coastline.

Unfortunately, we also face year-long risks for boating accidents, which can be quite serious. Take the recent Delray Beach boating accident for example. In this accident, a young man was thrown from the boat and right into a navigation marker. The driver of that boat has been charges with Boating Under the Influence (BUI), according to CBS12. The boater died from head trauma, severe internal injuries and broken ribs.

He is currently on trial for the BUI charge and for killing his fellow boater. At the time of the accident, he returned a Blood Alcohol Concentration (BAC) of 0.13, close to twice the legal limit. If he’s found guilty, then he could be sentenced to 15 years behind bars.

Our Delray Beach boating accident lawyers understand that there were close to 30 reported boating accidents in Broward County in 2010. These accidents gave Broward County the dubious honor of being the state’s sixth most dangerous for these kinds of incidents, according to Florida Fish and Wildlife Conservation Commission. The only counties to rank worse than us in the entire state of Florida were Lee, Pinellas, Palm Beach, Miami-Dade and Monroe.

Boaters are especially warned during the hours of 12:00 p.m. and 5:00 p.m. This is when a majority of the 2010 boating accidents occurred.

So what are the top causes of boating accidpinellasents in Florida?

1.) Collision with a Fixed Object.

2.) Collision with Another Vessel.

3.) Flooding/Swamping

4.) Falls Overboard

5.) Grounding

Boaters between the ages of 36 and 50 were most likely to be in operation of a boat without any form of formal boating education. This group was closely followed by those ages 51 and older.

Simple Boating Tips, from the Broward County Sheriff’s Office:

-Make sure you check the weather forecast before heading out.

-Make sure there as many life jackets on the boat as there are people.

-Make sure there is always a working marine radio on board at all times.

-Complete a boater’s education course before heading out.

-Make sure that all children under the age of 6 are wearing a life jacket at all times.

-Ventilate after fueling. Open hatches, run the blower, and check for fuel fumes before starting the engine.

-Make sure that you have an emergency kit on your vessel, including flares, a first-aid kit, drinking water and sun screen. Bring a flashlight and extra batteries, too!

-Tell someone you’re going boating beforehand.

-Avoid drinking and boating. About a third of all boating fatalities involve a boat operator who is under the influence of alcohol.
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Published on: October 25, 2012

Keeping Your Little Ghost and Goblins Safe on Halloween

By Dean Freeman

Your child is more likely to be killed in a pedestrian accident during Halloween than during any other night out of the year. Giggling ghosts and goblins will be trick-or-treating in neighborhoods across the area. Because kids are focused on the fun and not on traffic safety, we’re reaching out to drivers and other members of the community to take the proper safety precautions to help to make sure that they stay safe. Nobody wants the hauntings of a serious accident, injury or fatality this holiday!

Our Fort Lauderdale car accident lawyers and officials with the Florida Department of Highway Safety (DHSMV) are here to make sure that everyone safe this All Hallow’s Eve. We’re here with a few safety tips for everyone in the community.

Safety Tips for Motorists:

-Stay alert and keep your attention on the road. You can expect a lot of pedestrian and bicyclist traffic on the night of the 31st.

-Remember that kids are going to be awfully excited and they’re going to want to go to as many houses as they can to get their paws on some real sweet treats. Be aware of children who may dart into the road to make that happen.

-Be especially careful where vehicles park alongside the road. Children are likely to pop out from in between vehicles and cross the street before looking both ways.

-Slow down and keep it calm. Give our children plenty of time to cross the street.

Tips for Parents and Guardians:

-Make sure your children’s costumes are lightly colored so that they’re clearly visible to motorists.

-When choosing a costume, choose one that doesn’t have loose ends that they could potentially trip over.

-“Decorate” your child’s costume and trick-or-treating candy bag with reflective tape to help motorists to see them better. Give all children a flashlight, too!

-Make sure that all trick-or-treaters, and even parents and other supervisors, are wearing well-fitting, sturdy shoes.

-Trick or treat in your own neighborhood. Go only to the homes of people you know.

-If your child is wearing a mask, you want to make sure that it’s not impairing their vision. If you need to, make the eye holes bigger or completely forgo the mask and go with face paint.

-Make sure that you review the importance of pedestrian safety with your child before hitting the neighborhood.

-Check all of the candy that they got on their trick-or-treating adventures before allowing them to dig in. Make sure that you toss out and goodies that appear to have been tampered with, are homemade or are open.

-Make sure that you choose a costume for your child that is flame retardant.

-When walking around the neighborhood, stay on sidewalks and cross the street only at street corners.

-Don’t go up to houses that don’t have their lights on.

-Avoid running across people’s yards.
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Published on: October 19, 2012

Passengers: Increasing Your Teen’s Risks for an Accident

By Dean Freeman

According to The Examiner, your teenager faces serious increases in their risks for an accident when they’re driving with young passengers.

The new study was released by officials with the AAA Foundation for Traffic Safety. It was released to coincide with Teen Driver Safety Week. In the study, there were close to 10,000 young drivers (16- and 17-years-old) who were involved in fatal accidents from 2005 to 2010. In these accidents, there were about 4,000 who had a young passenger present in the vehicle.

“This much is certain: mixing teen drivers with teen passengers is simply toxic,” said AAA’s John Townsend.

Our Port St. Lucie car accident attorneys understand that many states have a Graduated Driver’s Licensing (GDL) program that regulates the number of young passengers that newly-licensed teens can have in their vehicles. Florida is not one of those states.

According to the Insurance Institute for Highway Safety (IIHS), newly-licensed drivers only have to follow nighttime driving restrictions. Law enforcement officers can do nothing if your teen’s vehicle is packed full of young riders. That means that young drivers in the state can be open to the distractions presented by passengers at any and all times and there’s nothing anyone can do about it — Except parents.

Parents are asked to create a parent-teen driving contract to create and enforce household driving rules to make up for where our state’s GDL program lacks.

In your parent-teen driving contract you should set your own rules regarding the number of passengers permitted in your teen’s vehicle, the time of the day they’re allowed to drive, the areas that they’re allowed to drive, an agreement for communication while your teen is out of the house and a strict curfew. Drivers who follow household driving laws are more likely to follow state and federal driving laws and are therefore are less likely to get into an accident. Make sure you lay down the consequences for breaking these rules, too!

What newly-licensed teen drivers need to be concentrating on are the rules of the road, and not on the distractions that are presented by passengers.

Statistics conclude that, in the close to 1,200 studied fatal accidents, teens were speeding 20 percent of the time. When three or more young passengers were present, that number shot up to close to 50 percent of the time.

The study also concluded that teens were more likely to drive at night and to drive under the influence of alcohol when teen passengers were present. Just because your teen isn’t old enough to drink, it doesn’t mean that they won’t.

The truth of the matter is that teenage drivers are involved in more accidents per mile than any other age group of drivers. It’s important that we work to bring these risks down by enforcing our own household driving rules. Limit when they can drive and who they can drive with.
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