South Florida Injury Lawyers Blog

Published on: August 6, 2012

Recalled Children’s Products Posing Serious Threats to Little Ones

There’s been a whole heap of product recalls in recent weeks. Unfortunately, many of these recalls affect some of our most vulnerable — children.

There have been recent recalls for strollers, beach chairs and even high chairs; all products geared toward children. Truth is, families likely have recalled or dangerous products in the household and don’t even know it.

Our West Palm Beach defective products lawyers are here to help to inform families in the area about some of these dangerous and recalled products. Awareness and education are two of the most effective ways to help to prevent an accident, an injury or even a death from one of these products. Listen up and share this information from the Consumer Products Safety Commission (CPSC) with your loved ones.

Important Recalls:

Contours Tandem Strollers Recalled by Kolcraft:

Nearly 6,000 of the Contours Options LT Tandem Strollers have been recalled by Kolcraft Enterprises Inc. of Chicago, Illinois because the wheels on them can break and pose a serious fall hazard to children who are riding in them. Strollers that were manufactured between January and February of 2012 also have a problem with the nuts. They don’t hold the stroller’s basket support screws in place. When these screws detach, the devices can quickly turn into a choking hazard for young children. There have been nearly 10 reports of accidents from these defects already. Model number ZT012 is affected in this recall. “Options LT” is printed on a bar along the side of the stroller. If you have one of these strollers, contact the company at (800) 453-7673 for info on free replacement wheels and replacement nuts for the basket support screws.

Children’s Beach Chairs Recalled by Downeast Concepts:

More than 15,000 of these children’s folding beach chairs have been recalled by Downeast Concepts Inc. dba Backyard and Beyond, of Yarmouth, Maine because they have exposed, sharp metal rivets that pose a laceration hazard. There has already been an injury reported to the company. The child ended up having to have stitches on her forehead after being cut by the metal rivets. These chairs have fish, palm trees and mermaid decorations on the back cloth part of the chair. If you have one of these chairs, call (800) 343-2424 for info on a full refund.

Chicco Polly High Chairs Recalled by Artsana:

Nearly 500,000 of the Chicco Polly High Chair have been recalled by Artsana USA Inc. of Lancaster, Pa. because a child can fall against or on the pegs of the back legs of the high chair and can be easily bruised or cut. There have already been more than 20 accident reports. Included in these reports were 4 laceration injuries requiring medical closure and 1 scratched cornea. If you have one of these chairs, call the company at (800) 807-8817 for a free peg cover kit which will be mailed to you.
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Published on: August 5, 2012

MADD and West Palm Attorneys Supporting Victims’ Rights

By Dean Freeman

You have to be 21-years-old to consume alcohol in the United States. This law just recently celebrated its 28th anniversary.

Before, you only had to be 18-years-old to drink. Some are even still fighting to get the age limit dropped back down again, saying that if you can go to war then you should be able to have a drink. Others argue that we should follow in the footsteps of Europeans, with an 18 age limit, because they have fewer alcohol-related issues than we do.

These arguments are little more than made-up half truths. In fact, since the drinking age was raised to 21-years-old, thousands of lives have been saved, according to Mothers Against Drunk Driving (MADD).

What might be most beneficial in fighting to prevent drunk driving accidents is the input of parents. Unfortunately, teen drivers, although not old enough to legally drink, are at high risks for alcohol-related car accidents. Parents are asked to sit down and to talk with the teen driver in your family about the dangers that are associated with drinking and driving. To help you to do this, MADD offers you the Power of Parents program.

Nearly 75 percent of kids turn to their parents for guidance. You might not think it because it seems we’re constantly fighting them, but the truth of the matter is that parents are some of the most influential people in these teen’s impressionable lives. Our Plantation accident lawyers understand that car accidents are the leading cause of death for teenage drivers in the country. We’re asking parents to set some ground rules with their teen drivers. One of the most important rules that you can have is to prohibit drinking and driving!

We support MADD’s mission and their fight for the rights of those who have been injured in drunk driving car accidents in the area. The fight against these accidents is a three-pronged approach, including better education efforts, tougher enforcement and better care of victim’s rights.

MADD is asking residents to help in this fight. Advocates are asking residents to support House Joint Resolution 106 (H. J. Res. 106) by asking their U.S. Reps to co-sponsor the amendment. It’s easy and will only take a few minutes. These few minutes will help to better protect the rights of victims by allowing them to stay in the loop with court proceedings. They would be better informed about these proceedings, be allowed to attend them and be able to know about important decisions involving these cases.

Currently, each state has various statutory laws that protect rights for victims. Unfortunately, most of them are ineffective.

All you have to do is call or write. Only 100 co-sponsors are needed to move the amendment forward.

Victims are not always notified as to when there is a sentencing or a hearing or even when there is a pretrial release of the defendant.
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Published on: August 3, 2012

Teen Drivers and Severe Risks for Drowsy Driving Car Accidents

By Dean Freeman

Teenage drivers are more likely to get into a deadly car accident than any other age group of drivers. These risks come along with their inexperience and their inability to comprehend dangers associated with poor driving habits.

According to a recent study that was published in the Journal of Safety Research. teen drivers oftentimes don’t understand the correlation between drowsy driving and fatal car accidents. The study, conducted by the National Safety Council (NSC), concludes that these young drivers understand the dangers that are associated with drunk driving, but not with drowsy driving. Both of these driving behaviors produce some of the same results — deadly car accidents in Sunrise and elsewhere.

Drowsy Driving & Teen Drivers Study:

-Drowsy driving car accidents happen most often to teen drivers.

-Among drivers who take long road trips, those who are under the ago of 30-years-old are more likely to be sleep-deprived than other age groups.

-The effects of drowsy driving are awfully similar to the effects of drunk driving.

Teen drivers understand that drunk driving is wrong and they understand the effects that it can have on roadway safety. Unfortunately, the same recognitions weren’t present for drowsy driving.

“Drunk driving is universally viewed as dangerous, but young people especially don’t understand the very serious risks associated with drowsy and distracted driving,” said the NSC’s Janet Froetscher.

What safe driving advocates are working to do is to educate drivers of all ages, focusing on our young ones, about the risks that are associated with drowsy driving. As a matter of fact, about 60 percent of drivers, or about 170 million people, admit to driving while feeling drowsy at least once in the past year. About a third, or nearly 105 million people, say that they’ve actually fallen asleep at the wheel during this time, according to DrowsyDriving.org.

The National Highway Traffic Safety Administration (NHTSA) reports that there are about 100,000 car accidents reported every year that involve a drowsy driver. These accidents result in nearly 2,000 roadway fatalities and another 70,000 injuries. Officers believe that the actual numbers are much higher as drowsiness isn’t always reported in an accident. And there is no test to determine sleepiness as there is for intoxication, like a “breathalyzer.”

Before school kicks off for another year, parents are urged to talk with their young drivers about the risks and the consequences of drowsy driving. Make sure your young driver is getting enough rest and knows to avoid driving whenever they’re feeling drowsy. Make sure that your teen knows to avoid driving while they’re sleepy. They should let another licensed driver drive during these times or pull over in a safe place to rest. Drowsy driving is just as dangerous as drunk driving! Being able to recognize drowsiness and knowing what to do in these cases can help keep your teen safe.
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Published on: August 1, 2012

School Bus Accident in St. Lucie County Kills Young Rider

By Dean Freeman

The State Attorney’s office is looking into a recent school bus accident in St. Lucie County. According to accident reports, the 56-year-old driver of the bus may be cited with a traffic offense or with a criminal charge. The Palm Beach Post reports that the driver wasn’t paying attention at the wheel when he turned the school bus right into the path of an oncoming semi.

In the accident, an 8-year-old was killed and 15 others were injured. The accident happened just before 4:00 p.m. at the intersection of Okeechobee Road and Midway Road.

Our St. Lucie injury attorneys understand that we put our young kids on the bus and expect them to be safe. We expect bus drivers to practice the safest driving habits and to keep our children out of accidents. Unfortunately, bus drivers don’t always make the safest decisions and put our young ones at serious risks. If your child has been involved in a school bus accident, it’s critical for you to contact an experienced attorney.

The school bus driver was heading down Okeechobee Road when he went to make a left onto Midway. He drove the bus right into the path of an oncoming semi that was hauling sod. Upon collision, the bus was spun 180 degrees and caused the semi to flip over. Students who were injured in the wreck were transported to the St. Mary’s Medical Center in West Palm Beach.

One of the students on the bus was put into a medically induced coma. He suffered from serious head injuries.

Officials say that drugs and alcohol are not suspected in the accident. They add that weather conditions were not a factor either.

The bus driver is no longer employed with the St. Lucie County School District.

More details on the accident will not be released until the investigation has been completed.

There are nearly 800 buses transporting children for the School Distract of Palm Beach. These buses help to get nearly 100,000 students to where they’ve got to be each and every day.

Parents are asked to talk with their children about school bus safety. Teach them how to safely wait for the school bus off the road and away from traffic. Remind them that it’s important to stay seated and quiet while the bus is in motion. The school bus is not a playground. It’s important to practice safe riding habits during their trips to and from school and other events. Their safe riding habits will help the bus driver to pay more attention to the road and help everyone to get to and from school safely.
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Published on: July 27, 2012

Child Injury in St. Lucie: Check Defective Product Recalls

By Dean Freeman

Defective products are lying around most of our homes and the worst part about it is that we don’t even know about it.

Parents and guardians are urged to stay in the loop with the latest product recalls to help to protect some of our most vulnerable consumers — children. Most of these little residents don’t even know what a recalled product is let alone what to do if they have one. For this reason, our St. Lucie injury attorneys are offering you some information regarding the most recent infant/child product recalls from the U.S. Consumer Product Safety Commission (CPSC).

Contours Tandem Strollers Recalled by Kolcraft:

Nearly 6,000 of the Contours Options LT Tandem Strollers are currently being recalled by Kolcraft Enterprises Inc., of Chicago, Illinois because it has been discovered that the front wheel on the stroller can break. This is causing a serious fall hazard for the occupant of the stroller. There have already been six reports submitted regarding breaking wheels. No injuries have been reported. Model number ZT012 is involved in this recall and the strollers were sold in black and gray. If you have one of these products, you’re urged to call the company at (800) 453-7673 for information on receiving free replacement wheels.

Strollers Recalled by Peg Perego:

This recall is the result of already child fatalities. A 6-month-old boy in California was strangled after his head got stuck between the tray of the folder and the seat in 2004. Another 7-month-old was killed in the same way in 2006. These accidents are likely for riders under 1-years-old who are not harnessed into the seat. Older versions of the stroller and covered under this recall, including the Pliko-P3 and the Venezia. This is not the first time these strollers have been recalled. They were manufactured in a variety of colors from 2004 through 2007. If you have one of these strollers, stop using it immediately and call the company at (888) 734-6020 for a free repair kit.

Children’s Pajamas Recalled by PajamaGram:

About 12,000 of these pajamas have been recalled by PajamaGram of Shelburne, Vermont. The problem with these pj’s is that they don’t meet the federal flammability standards for children’s sleepwear. They pose serious risks for injury to children. They’re made out of 100 percent polyester and they’re sold for children between the sizes of 12 months and 4T in boys and 6 to 14 in girls. If you child has a pair of these pj’s, take them and call PajamaGram at (800) 262-1162 for information on a replacement, an exchange or a full refund.

There are hundreds of more child product recalls. Parents and guardians should make checking this list a habit to help to keep their young and helpless ones safe. Without our help, they’re at severe risks for injuries from dangerous products.
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Published on: July 26, 2012

Road Rage Accident in Fort Lauderdale Backs Up Traffic for Hours

By Dean Freeman

It’s congested out there. That’s no secret. What may be more of a secret is how to handle the traffic. Many drivers are having a tough time and are getting quite impatient behind the wheel.

Take the recent fatal accident in Fort Lauderdale for example. We’re talking about the one that ended up closing the southbound lanes on Interstate 95 for four hours. It happened when a driver tried to pass another car on the right-hand shoulder of the Interstate, according to the Sun Sentinel.

The Florida Highway Patrol (FHP) reports that a passenger in the passing vehicle was thrown from the car as it flipped over. That passenger, 52-year-old Pompano Beach resident, died at the scene.

Officials say a 45-year-old driver from Sunrise decided that he needed to get passed the vehicle in front of him. He steered his car onto the shoulder of Interstate 95 near Sunrise Boulevard. The driver he had to pass was a 30-year-old Oakland Park resident.

When the impatient driver tried to get back into the right lane, his vehicle clipped the vehicle it was passing, causing it to shoot left. After shooting left, his car slammed into another car, driven by a 58-year-old from Lantana.

The passing driver lost control of his vehicle, and it flipped over. The passenger in his vehicle, who was not wearing a seat belt, was thrown from the car. The driver was wearing his seat belt and was later taken by emergency response crews to the Broward Medical Center and was treated for serious injuries.

Because of the severity of the accident, northbound lanes of traffic were also backed up. According to officials with the FHP, the accident is still under investigation.

The Florida Department of Highway Safety and Motor Vehicles (DHSMV) reports that signs of road rage are:

-Aggressive driving habits.

-Sudden and unnecessary acceleration.

-Braking erratically.

-Tailgating.

-Unnecessary use of the horn.

-Flashing lights.

-Rude gestures or yelling obscenities.

-Intentionally causing an accident.

-Threatening another driver with a weapon.

-Throwing things at other cars.

In the state of Florida, road rage is most commonly defined as violent or visibly angry driver behavior. This kind of behavior can result in accidents or other incidents. It is also called an extreme case of aggressive driving.

To avoid becoming the victim of a road rage incident, it’s important that you keep your cool and do not react. Avoid eye contact with an enraged driver. Don’t make obscene gestures, yell or honk back at them. Stay out of the left lane as that’s usually used for faster-traveling vehicles. Get out of their way. Report them to local authorities if you feel you or any other motorists are in danger. Avoid driving if you’re feeling stressed out or irritable.
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Published on: July 20, 2012

Tragic Toddler Death Highlights Risk of Swimming Injuries in West Palm Beach

By Dean Freeman

According to local authorities, a 2-year-old boy is dead after he fell into a swimming pool at a birthday party. The accident happened in Polk County. Medical examiners at a Tampa hospital report that the cause of death was drowning.

Reportedly, he was at a birthday party with his parents and wasn’t found until 15 minutes after he fell into the pool, according to The Republican.

Our West Palm Beach injury lawyers understand that there are more than 10 million swimming pools across the country. This includes nearly 400,000 public swimming pools. With the year round sunshine here in the state of Florida, residential swimming pools are common. Unfortunately, access to these pools increases one’s chance for a potentially fatal accident.

As a matter of fact, drowning is the second most common cause of death for children under the age of 15-years-old in the U.S. Experts estimate that about 3 children are killed every day in these kinds of accidents. When these young ones are fortunate enough to survive, oftentimes the repercussions can be severe, life-altering brain damages and injuries.

The Centers for Disease Control and Prevention (CDC) reports that children between the ages of 1- and 4-years-old are most likely to die in a drowning accident. It only takes a couple of minutes for these young children to get themselves into trouble. Most of the children who are killed in drowning accidents are out of adults’ sight for less than 5 minutes.

According to federal statistics, another 4 million require medical attention. According to the U.S. Consumer Product Safety Commission (CPSC), there are more than 5,000 drowning accidents each and every year. About 80 percent of those who are treated for the accidents are younger than 5-years-old and most of these incidents occur in swimming pools.

Drowning Statistics:

-Nine people down in the U.S. every day.

-Males are more likely to drown in a swimming pool than females are.

-Most drownings among young children happen in residential swimming pools.

-Surrounding your swimming pool with fencing has been proven to reduce the risks of drowning accidents by up to 90 percent.

-Portable and/or inflatable pools account for more than 10 percent of pool drownings for children under the age of 5.

-Long-term injuries resulting from near-drowning accidents include permanent loss of basic functioning, learning disabilities and memory problems.

-Nearly 20 percent of fatal child drowning accidents happen in a public pool where there is a certified lifeguard on duty.

-Nearly 80 percent of those who drowned at home were already missing for at 5 minutes before they were discovered. About 70 percent weren’t even expected to be in or near the pool when it happened.
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Published on: July 19, 2012

Two Interstate Highway Accidents Shutting Down All Lanes

By Dean Freeman

Intestate 95 was completely shut down after two semi-trucks were involved in two separate collisions just north of 45th Street. According to News Channel 5, both West Palm Beach Fire Rescue crews and officers with the Florida Highway Patrol were dispatched to the northbound lanes on I-95 just after 9:30 a.m.

The first of the accidents happened when five vehicles and a semi-truck collided. Officers believe that the heavy rain and the slick roadways were a contributing factor in this accident. In the second accident, a semi-truck and a passenger vehicle collided. The 18-year-old driver’s vehicle was completely smashed in the accident. Crews have not been able to determine if the car slammed up against a wall, if it flipped over or if it was run over by the truck. Everyone involved in these two accidents were taken to local hospitals and treated for their injuries. All lanes of the interstate were closed so that Trauma Hawk could land to pick up the young driver.

Our Riviera Beach accident lawyers understand that you’ve got to take an Interstate to get to most major cities in the state of Florida. We’ve got Interstate 4, Interstate 10, Interstate 75 and Interstate 95. These roadways help to connect Tampa, Miami, Orlando, Tallahassee and many other popular areas in the state. These areas can be awfully dangerous if drivers aren’t alert and cautious.

One little fender bender can quickly turn into a catastrophic and deadly accident if drivers aren’t paying attention and driving defensively. Luckily, we’re here to offer you with some safe driving tips to help to keep you and your passengers safe during your next venture on one of Florida’s interstates!

When getting on the interstate:

-Increase your speed on the on-ramp to match vehicles already on the interstate. Make sure you have your blinker on. Make sure that you don’t cut any vehicles off. Most likely, cars will move over a lane and let you slide in, but that isn’t always the case. Be on the lookout for drivers who aren’t paying attention.

When changing lanes:

-Make sure that you always check your blind spots first. Make sure you have enough room and signal your blinker. Once you’ve made your lane change, disengage your blinker and keep it moving.

Watching your speed:

-Never go faster than the posted speed limit. You’re within your rights to go below the speed limit, but you want to make sure that you’re not serving as a road hazard for other cars. If your traveling slower than the traffic around you, scoot into the right lane.

When passing another vehicle:

-Make sure you check your surroundings. When it’s all clear, signal your blinker. Pass the vehicle without using excessive speed. Once you can see the headlights of the car you passed, you should enter back into the original lane and disengage your blinker.
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Published on: July 18, 2012

Bicycling in Palm Beach: An Even Mixture of Benefits and Risks

By Dean Freeman

Bicycling may be getting trendier and trendier with every passing day. Just look outside. There are more residents hopping on and pedaling away to get to where they’ve got to go. According to the Network of Employers for Traffic Safety (NETS), there are a multitude of reasons why biking is catching on so quickly.

But are they really all positive ones or are we seeing more risks for accidents now?

Our Port St. Lucie bicycling accident attorneys understand that first and foremost, most bicyclists are out there pedaling because it’s one of the best ways to boost your health and fitness.

The state of Florida offers bicyclists with nearly 365 days of prime bicycling weather. Still, it is estimated that about 80 percent of residents aren’t getting the 30 minutes of moderate activity that they need at least 5 days a week. As a matter of fact, inactivity is the cause of about 10 percent of all deaths and an additional 25 percent of all chronic disease-related deaths.

Bicycling does more than help our insides though. It also helps to improve the environment. Each and every day, motor vehicles burn up millions of barrels of oil. All of these barrels are non-renewable energy just gone! POOF! The good news is that bicycles require none of this energy. Each bicycle ride helps to reduce these gases that would otherwise be released into the atmosphere and it’s also helping to get riders healthy!

Bicycling also comes with a social responsibility. With more bikers in the area, communities get a healthy sense of identity and it helps to attract more business, employees and tourists to the area.

Florida is one of the most common places to find bicyclists. As a matter of fact, it’s also one of the most common areas to find bicycling accidents. According to the National Highway Traffic Safety Administration (NHTSA), there were nearly 85 bicyclists who were killed in the state of Florida in 2010. Our state came in at second place for the deadliest for these kinds of accidents, only behind the state of California, which reported 99 bicyclist fatalities.

Most of the bicyclists who were killed in traffic accidents were male, accounting for more than 85 percent of all of these bicycling fatalities. Most of these bicyclists were also between the ages of 45- and 54-years-old. The second most affected group was those between the ages of 25- and 34-years-old.

Drivers in the South Florida area are asked to be cautious. Cyclists are provided with virtually no protection in the event of an accident with a passenger vehicle. Keep your eyes on your surroundings, especially when making turns or when reversing. Taking that extra second to scan for bicyclists can help to save lives.
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Published on: July 10, 2012

Nighttime Car Accident in Port St. Lucie Lands Driver in Critical Condition

By Dean Freeman

A recent car accident in Port St. Lucie left one driver in critical condition. The accident happened at about 2:30 a.m. near La Buona Vita Drive when a 29-year-old driver slammed into the back of another vehicle that was traveling on the outside lane.

The other driver involved in the accident was 21-years-old and suffered minor injuries. The rear-ending driver was taken to Lawnwood Medical Center and was last listed in critical condition, according to The Palm Beach Post.

Our Port St. Lucie car accident attorneys understand how dangerous it is out there during this time of the year. Your risks for a car accident increase dramatically when the sun sets, too. Sometimes there’s just no getting around nighttime driving. For this reason, we’re asking all drives to be on the lookout when driving during the evening hours. Safe and alert driving habits during this time may be one of your best defenses against an accident with a not so careful driver.

According to the National Safety Council (NSC), the death rate from car accidents triples when the sun goes down. Nighttime driving is more dangerous and more difficult that many may think. One of the biggest problems with this is that because drivers fail to actually see dangers on the road (because it’s dark out) they think that these dangers don’t exist. Light or dark, the dangers, the risks and the hazards are still there. These risks increase for drivers of all ages, but younger drivers have a more difficult time navigating our roadways during this time and have higher risks for accidents. Luckily, officials with the NSC are here to offer drivers of all ages with some safety tips to help to improve safety when driving during the evening hours.

Nighttime Driving Safety Tips:

-Get yourself ready for nighttime driving. Make sure that your windows, your turn signals, your taillights and your headlights are clean.

-Make sure that you headlights are aimed properly. Headlights that aren’t aimed properly not only can blind other drivers but they can reduce your ability to see the road.

-Never drink and drive. Alcohol-related car accidents are more common during the evening hours that during the daytime. Alcohol severely impairs your ability to drive and can induce fatigue.

-You should avoid smoking when you drive. The nicotine and carbon monoxide in cigarettes can hamper night vision.

-You should always drive with your headlights on. Not only do they help you to see your surroundings better, but they also help other drivers to see you.

-Slow down when driving at night.

-Never tailgate when it’s dark out. As a matter of fact, you should increase your following distance during this time.

-It’s a good idea to make frequent stops for light snacks and movement.

-If you feel sleepy at all, pull over, stop and get some rest. Never push through the symptoms of drowsiness.
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