South Florida Injury Lawyers Blog

Published on: May 5, 2012

Boating Accidents in Palm Beach Target of New Watercraft Ban, State Not Happy!

Palm Beach County’s park ban on certain vessels and access to boat ramps violates a state law that is intended to preserve this access for all boaters, according to the Sun Sentinel.

Earlier this year officials in Palm Beach County banned personal watercraft, including Jet Skis, Wave Runners and other similar vessels, from using Sunset Lake in Boca Raton. Officials were worried about the risks for boating accidents in Boca Raton before this ban was in place.

After strong opposition from owners of the personal watercraft, officials with the Florida Fish and Wildlife Conversation Commission determined that the recent ban did in fact violate a state law that was enacted to protect vessels from rules that are specific to them and didn’t apply to all boats. State officials are looking to toss the County’s law overboard.

“We have as much right to use [the lake] as any boat owner,” said Paul Jaffe, a local personal-watercraft owner.

Our Boca Raton watercraft accident lawyers understand that a state law, passed back in 2000, prohibited rules that were specific to certain types of watercraft. Sunset Lake is considered to be “waters of the state” and cannot be regulated by county jurisdictions. Although the ban was set to help to reduce the risks of accidents for specific boaters, it cannot remain as it discriminates.

Right now, attorneys with the county are reviewing the state’s claims and are figuring out if there’s a legal risk or not. If they find they’re at risk for violating state laws with the ban, then government officials say they will adjust the law to make it fit.

Recently, the county dished out nearly $1 million to improve that park. Some of the biggest improvements included new docks, a new boat ramp and additional parking near the lake.

When the improvements were concluded and the lake was reopened, it reopened with a sign stating the new prohibitions. According to county officials, safety was the main concern of this ban and they felt that by keeping personal watercraft out of Sunset Lake, the area would be safer and boating accidents would be reduced. Previous accidents fueled this decision. There were approximately 125 accidents involving personal watercraft in Palm Beach County in 2010.

Officials worried that the risks were too high at Sunset Lake and boaters were extremely likely to get into an accident with fast vessels skipping over wakes and weaving through other boating traffic. They also said that the lake was just too small to keep these watercrafts in the game.

The American Watercraft Association even stepped in and voiced opposition to the ban. The association says that speed limits would have been an acceptable solution, but banning these watercrafts is completely unjust and violates state law.
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Published on: May 3, 2012

Injury in Fort Lauderdale: Beach Vehicle Runs Over Sunbather

By Dean Freeman

The safety of beach goers is in question after a visiting sunbather experienced a serious injury in Fort Lauderdale. The beach accident happened when a government beach vehicle drove right over the sunbather on the sandy coast as she lay there soaking in the bright Florida sun, according to the Orlando Sentinel.

Critics of these beach vehicles say that the pickups and SUVs are extremely dangerous to sunbathers because they provide a limited view of the surroundings to the driver. Still, these vehicles are allowed to drive on our beaches. Oftentimes the drivers of these vehicles can’t even see what’s on the sand that is right in front of their vehicle. Safety advocates have been saying for years that these officials should be using ATVs instead.

Our Fort Lauderdale beach accident attorneys understand that there are some that fight for these pickups and SUVs saying that they’re effective at saving lives because lifeguards can use them to carry individuals quicker in the event of an emergency. They also say that they’re better equipped to carry emergency response equipment like first-aid kits, defibrillators and backboards. What many don’t realize is that there is increased risk of causing an emergency.

“The people who are going to require that kind of [medical attention]…they want you to have all that equipment,” said Tom Gill, with the United States Lifesaving Association.

The accident happened when the 49-year-old tourist from North Carolina was laying on the beach trying to work on her tan. An Ocean Rescue pickup just drove right over her. Reports indicate that she was bruised and cut up.

According to Jack Seiler, the Mayor of Fort Lauderdale, the city will more than likely look into adjusting the current rules and look into the need of these vehicles to be driven on the beach. He says that they will be evaluating the policy, but are going to continue to make sure that beach goers have the best possible experience on our South Florida beaches.

The driver of the pickup was a veteran Ocean Rescue lieutenant. He has been placed on administrative leave until the Fire-Rescue Department conducts an internal review of the accident.

This isn’t the first time something like this has happened. There have also been similar accidents that have happened in Volusia County and Miami Beach.

A spokesman for the United States Lifesaving Association says that lifeguards are trained to survey the area before getting behind the wheel and driving down our beaches. They’re also instructed to only make left turns to avoid an obstructed view.
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Published on: May 1, 2012

Risks for Work Accidents in Parkland and Elsewhere Spike and Unemployment Drops

By Dean Freeman

According to recent statistics from the Florida Department of Economic Opportunity, the unemployment rate in the state for March dropped from 9.4 to 9.0. This decrease serves as the largest monthly drop in the last 20 years.

We saw a drop similar to this one only back in 1992, according to Governor Rick Scott. In the month of March, the state of Florida added nearly 11,000 jobs and more than 100,000 private sectors jobs have been created since Scott took office. With more people back at work, risks for an on-the-job injury in Parkland and elsewhere are much, much higher.

“The largest monthly unemployment rate decline in 20 years is a milestone all Floridians can celebrate. This news comes on the heels of significant steps taken this week to make Florida the best state in the nation to live and do business,” said Scott.

Our Parkland injury attorneys understand that the unemployment rate in the state is dropping much faster than the national rate. While this means that Florida’s economy is recovering, it also means that more people are back at work and risks for accidents are growing. As we plow through the month of May, students throughout the state will be let out of school for summer break and will also be hitting the job market. During this time, parents and guardians are asked to speak with the young workers in their family to make sure that they know what they’re up against, what to expect and what their rights are on the job. Education helps to fuel a safe work environment and helps to keep employees safe.

Child Labor Laws, according to the Florida Department of Business and Professional Regulation, for children ages 16- and 17-years-old:

-May not work during school hours.

-Are allowed to work only 30 hours a week while school is in session.

-Cannot work before 6:30 a.m. and may not work later than 11:00 p.m.

-Are only allowed to work 8 hours a day when school is scheduled on the following day.

-May work any number of hours when school does not follow the work day.

-Have no limitation on hours work while school is not in session.

-Cannot work more than 6 days in a row.

-Cannot work more than 4 hours in a row without at least a 30 minutes break.

It is important to talk with your teen worker about the dangers that can be found on the job. Urge them to speak up if they witness a hazard on the job that could result in an accident or an injury. Workers have a right to speak up about safety concerns and are encouraged to do so.

Employees are reminded that they are required to comply with child labor laws as well as occupational health and safety regulations that apply to their business. They’re to assess and eliminate all dangers and hazards not only for teen workers, but for all workers on the site. Employers are also required to train teen employees to use safe work practices, recognize hazards and prepare for emergencies. Lastly, employers are to assure that teen workers are appropriately supervised at all times.
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Published on: April 26, 2012

Yard Work Accident in Fort Lauderdale Forces Evacuation

By Dean Freeman

A number of buildings and homes had to be evacuated during a recent tree trimming accident in Fort Lauderdale. According to the Sun Sentinel, the accident happened on Southeast 10th Street when workers were trimming tree limbs. While cutting the trees, one of the limbs dropped, falling on a gas meter. The falling tree broke a one inch galvanized pipe below the shut-off valve. Witnesses say that the sound of escaping gas could be heard from more than a block away.

According to Matt Little, fire rescue spokesman, areas on Southeast 9th and 10th Streets as well as the 900 block of Southeast 2nd Avenue were evacuated.

Our Fort Lauderdale injury attorneys understand how important it is to keep your yard in shape. Whether you’re working on it alone or you bring in a crew to do it for you, there are steps that everyone needs to follow to make sure that your yard is as safe as can be and that the risks for injuries are minimized.

According to a recent poll, conducted by Consumer Reports, consumers aren’t taking the right precautions before digging into their yard. To help keep yard workers safe, the Outdoor Power Equipment Institute (OPEI) released a number of safety measures that every consumer should review before firing up the tree trimmer, the edger or the lawnmower. Taking the proper safety precautions can help to avoid unintentional, and potentially fatal, injuries, according to Occupational Safety & Health.

“Making good decisions around using mowers, edgers, leaf blowers and other maintenance tools are key to yard safety,” said Kris Kiser, vice president of the Outdoor Power Equipment Institute.

Lawn Safety Precautions:

-Make sure you know how to operate the equipment before jumping in. Consumers are urged to read the entire manual before beginning. Know the controls and follow the safety instructions.

-Be careful when handling gas. Fill up before starting the equipment. Always fill on a cold engine.

-Make sure you dress accordingly. Always wear close-fitting clothes, long pants and substantial shoes.

-Clear the yard before you begin. Remove sticks, stones and other dangerous objects that could fly up and injure someone. The most common injuries related to yard work result from objects flying up and striking someone.

-Wear eye protection.

-Wear protection for your ears to alleviate the risks of injury associated with damaging sounds.

-Avoid listening to music during this time. Music can cause you to miss an important shout out or stop you from seeing a potentially dangerous hazard.

-Clear everyone, and pets, from the area. Keep kids inside under the supervision of an adult.

-Never start a mower inside.

-Never drink and do yard work! Sprucing up your lawn is no time to deal with impaired judgment.
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Published on: April 25, 2012

Risks of Teen Car Accidents in Margate and Elsewhere Concerning Officials

By Dean Freeman

Our Stuart car accident attorneys have been talking about the risks that teen drivers face during this time of the year on our South Florida roadways.

They’ve got prom, graduation and summer break. We recently discussed “Prom Patrol,” a program going on in South Florida to help keep teens safe behind the wheel. Now, we’re going to talk about even larger efforts, on a nationwide level. It’s the Ford Driving Skills for Life (DSFL) and it’s targeting teens across the country, according to the Governors Highway Safety Association.

“Unfortunately, safety can take a back seat to the excitement associated with the many celebrations around prom and graduation,” said Jim Graham, manager of the DSFL program.

Our Stuart injury attorneys understand that auto accidents are the number one cause of death for these young drivers between the ages of 15- and 20-years-old. Recent statistics showed an increase in the number of these fatal accidents involving these drivers during the second half of 2011. Experts believe that this increase sheds light into the trends we can expect to see throughout the year. That’s why parents and safe driving advocates nationwide are stepping up and stepping in to help get safety back to the top of the list. By revamping these young drivers’ roadway attitudes, we can help to save precious lives at the same time.

Mile for mile, teenage drivers are nearly five times as likely to get into a deadly crash as older drivers. Every year, about 3,000 of these newly-licensed drivers die in car accidents nationwide. It’s these drivers who also have the highest proportion of distracted drivers involved in fatal crashes.

The Ford Driving Skills for Life program will be reaching roughly 1,000 students across the nation through hands-on driving modules and events. Who’s reaching these kids? Conducting these programs are some of the country’s most notable professional drivers. In these events and programs, instructors will be covering speed/space management, distracted driving, vehicle handling as well as hazard and danger recognition.

The DSFL program is also working with various high schools, awarding them with grants for creating winning safety education campaigns.

Parents and guardians are urged to remind the teen drivers in their lives about the risks on our roadways during this time of the year. As students head to prom, graduation and are let out of school for summer break, they’ll be hitting the road. With their increase in travel they’ll be increasing their risks for an accident. Be sure to stick to your guns and keep driving rules tight. Make sure there’s a strict driving curfew established in your household in addition to passenger limitations and distracted driving regulations. Your intervention can help to keep your kid safe behind the wheel during this dangerous time on our roadways.
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Published on: April 24, 2012

Child Injuries in Margate and Elsewhere: Focus of New NHTSA Campaign

By Dean Freeman

The National Highway Traffic Safety Administration (NHTSA) recently announced that it would be launching a number of public service programs to help get parents, childcare providers, babysitters, daycare centers and other up to date with the proper techniques of choosing the right car seat for their child and how to properly use and install it in the vehicle.

Knowing how to properly execute these few simple tasks can help to save your kid’s life in the event of an auto accident. The new campaign was released in partnership with the Ad Council and it is targeting parents and guardians with children under the age of 13-years-old.

According to Ray LaHood, the USDOT Transportation Secretary, recent statistics conclude that there were nearly 9,000 young lives saved between 1975 and 2008 because of properly chosen, installed and used child car safety seats. That number of lives saved could have been much higher if more parents, guardians and childcare providers would have properly buckled in children during every car ride. These young ones have virtually no control over their fate in the event of a car accident in Margate and elsewhere. Their safety relies on the adults in the vehicle.

Our Margate car accident attorneys understand that parents, babysitters, guardians, caregivers and other adults who watch over children have the responsibility of properly buckling in children during every car ride. These young passengers rely on you to keep them safe on our roadways. Unfortunately, car accidents continue to be the number one cause of death for children across the nation under the age of 14. With the new campaign, the NHTSA is hoping to change that.

The new public service announcements were released alongside the NHTSA’s new website, “Parents Central,” which is a one-stop-shop website with all that a parent and caregiver needs to know when traveling with a small child. This website provides information on a plethora of child car seats, safety tips that all adults should know when it comes to properly restraining a child and specific instructions on how to properly buckle in a child.

“Together, the new public service announcement and website will help parents understand the differences in child safety seats, make sure they choose the right seat for their child, and properly secure them every time they get behind the wheel,” said LaHood.

The goal of these resources is to remind parents to “make sure their child is in the right car seat.”

The PSA will be released in Spanish later in May.

From 2006 to 2010, there were more than 4,000 kids under the age of 12-years-old who were killed in motor vehicle accidents. There were another 650,000 kids injured in these accidents, accidents that they had no control over. Imagine it this way, that’s more injuries than there are people in Boston.
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Published on: April 13, 2012

Reducing Risks of Accidents in Hallandale Beach and Elsewhere with Brain Exercise

By Dean Freeman

Posit Science, a popular brain fitness company, recently teamed up with various AAA clubs across the country as well as the AAA Foundation for Traffic Safety to launch a brand new computer program that is to be used to help elderly drivers to stay safe behind the wheel and avoid a potentially fatal accident in Hallandale Beach and elsewhere. The brain program was also designed to help extend elderly drivers’ years on our roadways.

As we’ve recently discussed, elderly drivers tend to be a little safer behind the wheel than newly-licensed drivers, but the risks of traffic accidents among elderly drivers start to increase at the age of 65. These increases are mainly the result of fragility, which is exactly what makes them less likely to survive an auto accident. In this sense, they’re more of a risk to themselves than to other motorists.

Our Hallandale Beach personal injury attorneys understand that many drivers may associate giving up their keys with giving up their independence. That’s not true! It’s important to reiterate that giving up the keys and giving up driving, when necessary, will help an elderly driver to live longer and maintain their independence for an extended amount of time. Still, it’s the talk about the dangers and the forfeiting of the driving that scares a lot of families and elderly drivers, according to Tech Zone.

“Adult children are put in a tough position having to decide between taking away the keys and fearing a harmful crash involving their elderly parents,” said Peter Kissinger with the AAA Foundation for Traffic Safety.

Senior driving safety and the concern about deteriorating mobility issues fueled the pair’s DriveSharp development of the brain exercise program. With this brain exercise, drivers of all ages can actually train the brain to work faster and more efficiently behind the wheel to help to increase their performance and reduce risks of an accident.

Kissinger says that he’s read a number of articles regarding brain exercises for drivers. All of the articles and all of the studies prove that practice and exercise helps to increase brain function and it helps to decrease the risks for accidents while increasing drivers’ confidence behind the wheel. He suggests this program for all drivers, not just elderly drivers.

After completing the exercise, drivers typically saw:

-A gain of more than 20 feet in stopping time at 55 miles per hour, signifying faster reactions time.

-A near 50 percent reduction in the number of at-fault accidents in a five-year period.

-A near 40 percent reduction in dangerous maneuvers behind the wheel.

-Greater confidence in various driving scenarios.

-A 40 percent less risk of driving cessation
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Published on: April 11, 2012

Car Accidents in Parkland Likely Caused by Cell Phones

By Dean Freeman

As we recently reported on our South Florida Car Accident Attorney Blog, teenage drivers face some of the highest risks for distraction-related car accidents in the country.

Teenage girls are at the highest risks of all. But drivers of all ages are at serious risks for these kinds of accidents. As more and more drivers engage in even more distractions, our risks for collisions continue to skyrocket. To help to minimize these risks, safe driving advocates nationwide are recognizing National Distracted Driving Awareness Month 2012. Every April, the National Safety Council (NSC) launches this month-long campaign with the hopes of getting drivers to keep their eyes on the roadway and off of needless distractions.

Our Parkland injury attorneys understand that more than 3,000 people were killed in 2010 because of distracted drivers. What’s most unfortunate is that each and every single one of these accidents was preventable. These kinds of accidents are alarmingly common in the state of Florida because we have no laws on the books that are stopping drivers from making phone calls and sending texts behind the wheel. As a matter of fact, we’re one of the only states in the country that has yet to attack these dangerous driving habits.

According to WJGH, cell phones are the number one cause of distraction on our roadways. Drivers are outlawed from talking on cell phones in 26 states, but not in Florida. Florida drivers can drive whenever they want while talking on a cell phone and composing text messages.

According to the Harvard Center of Risk Analysis, cell phone-using drivers are involved in roughly 600,000 auto accidents a year. It gets worse. While these drivers face increased risks for accidents, drivers who text behind the wheel are about 23 times more likely to get into an accident. As a matter of fact, experts predict that distractions are involved in about one out of every four accidents on our roadways.

Still, bill after bill gets rejected in the state even though research shows that these kinds of laws can actually help roadway safety. The state of California recently banned the use of all hand-held communication devices. The state has already seen a more than 22 percent reduction in the number of roadway fatalities.

In honor of National Distracted Driving Awareness Month 2012, we’re asking drivers throughout the state to drive in spirit of the campaign and to take the pledge to drive distraction free. Curbing these distractions can help to save thousands of lives every year. Really no text or phone call should be worth someone’s life.
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Published on: April 5, 2012

Women Less Protected in Car Accidents in Vero Beach and Elsewhere

By Dean Freeman

Some cars may not be getting as high a safety rating this year as they’ve gotten in past years. No, car manufacturers may not be to blame for the lack of safety. It may all be blamed on researchers.

In recent crash tests, officials with the federal government took out the average-size male dummy and put in a smaller female dummy. The safety results dipped.

While these new ratings may not be the most comforting to hear, it’s a good glimpse into how the size of the vehicle occupant can affect the outcome of a car accident in Vero Beach and elsewhere.

Our Vero Beach injury attorneys understand that these findings will help improve safety going forward. Consumers have relied on these safety ratings to help them to choose the proper vehicle for their lifestyle and for their family. Now that different size crash dummies are helping to get a peek into how occupants of all sizes are affected in the event of a collision, a lot of people are reconsidering their top picks. The star-rating system’s frontal crash test only uses the male dummy behind the wheel, which concerns a lot of on-the-go moms.

Advocates for consumer safety say that the dummy’s inadequate performance in accidents shows that more needs to be done to better test these vehicles for their safety offerings to smaller people and women in the event of an accident. For more than 30 years, these tests and information have helped consumers to buy the safest cars. Could they have been deceived?

According to experts, smaller people experience few crash forces that the body is able to tolerate. When cars slam into utility poles or trees, smaller vehicle occupants typically suffer more pelvic, abdominal and head injuries. Because women have less muscular necks, they’re also more likely to suffer from whiplash.

The University of Virginia conducted a study last year that concluded that females who wore a seat belt were nearly 50 percent more likely to suffer from serious injuries in the event of an accident as a male-belted driver.

A number of safe driving advocacy groups say that they’ve been urging the National Highway Traffic Safety Administration (NHTSA) to use an average-sized male dummy. In addition, these groups say that the test should include women, elderly, obese and large child dummies.

Right now, the dummies do not match the average size of Americans.

“A lot of women do substantial (safety) research before going to buy a car,” said Joan Claybrook, a longtime consumer advocate. “Yet there’s not a whole lot of information about how cars impact women.”
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Published on: April 3, 2012

Reports of Bus Accidents in Stuart City and Elsewhere Available through New SaferBus App

By Dean Freeman

It’s Spring Break and tourist season and visitors from around the country are looking toward commercial buses to reach some of the state’s hottest destinations. To help to reduce the risks of bus accidents in Stuart and elsewhere, the Federal Motor Carrier Safety Administration (FMCSA) recently unveiled its new SaferBus iPad/iPhone application.

This app is the first of its kind and is offering bus riders with a quick, simple and free way to look over a bus company’s safety rating and safety records before purchasing a ticket or booking their next travel.

“This new app gives Americans the information they need to make smart safety decisions,” said Ray LaHood, U.S. Transportation Secretary.

Our Stuart accident lawyers understand that tour groups, families and students are likely to use commercial buses as transportation options through the spring and summer months. Now, officials are urging all travelers to use the SaferBus app to research companies and to help choose a safe ride before booking that next trip.

This app has been designed to be used on Apple iPads and iPhones. You can download it for free at the Apple iTunes App Store or by visiting the FMCSA’s “Look Before You Book” web site.

The SaferBus app is offering information and records regarding about 6,000 interstate commercial passenger carriers within the U.S. Privately-operated motorcoach, tour bus companies and school bus records are also available on this app. The importance of apps and services like this is growing as the technology improves. There were nearly 1,000 million motorcoach passenger trips taken in the United States in 2009, according to the American Bus Association.

Anne S. Ferro, the FMCSA Administrator, said this app is the first step in helping to make bus information available to smartphone users. Now smartphone users are able to access this information with the touch of a button. Officials are hoping that the exposure will help get companies to keep safety as the number one priority. Ferro points out that this app isn’t only for all of the companies that are bad and have unsafe records, it will also be used to highlight companies with positive safety and transportation records.

The app is offering the most recent 2 years of a company’s safety performance records. Within these records are vehicle maintenance, controlled substances/alcohol, driver fitness, fatigued driving and unsafe driving reports.

Tourists and others travelers who are thinking about riding a bus to their next Florida destination are urged to check out this new app and to really do their homework regarding which busing company can best meet their needs. Planning out trips can help to make them run smoother and safer! Happy travels.
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