South Florida Injury Lawyers Blog

Published on: April 2, 2012

Risks for Injury in Boynton Risks for Injury in Boynton Beach and Elsewhere High during Spring Break 2012!

A student from the University of Tennessee was killed in a recent Spring Break accident in Florida. The senior was trying to make this last Spring Break in Florida count. Unfortunately it was cut short after a dive into the ocean took his life. The senior and his friends were hanging out on the beach all night and were waiting for the sun to rise when the accident happened. The college senior ran towards to ocean and dove in, but the tide was out and he misjudged the depth.

After the dive into the water, his friends noticed that he wasn’t moving and was just floating in the water. They called 911. The Spring Breaker was transported to the hospital where he was pronounced brain dead. The senior was set to graduate with a degree in Environmental Studies in May.

Our Boynton Beach injury lawyers understand that our beaches are packed with Spring Breakers during this time of year. Many of these out-of-town visitors can be found at local hotels, condominiums, restaurants, out on the water and laying poolside. During this time, we need to address safety precautions of all kinds to help keep pedestrians, motorists and bicyclists safe on our roadways. We also need to raise awareness to help prevent slip and fall accidents, escalator accidents, swimming pool accidents, rental Jet Ski and parasail accidents, etc. We’re asking all residents and visitors to celebrate this year’s Spring Break festivities safely.

To help keep all Spring Breakers safe, the Florida Travel & Tourist Bureau offers these tips:

Drinking:

-Never drink too much.

-Know before the festivities begin how much you’re going to drink.

-Never drive after drinking.

-Always have a designated driver.

-Keep an eye out for “rape” drugs and never let your drink leave your sight. Never accept a drink from someone you don’t know.

Hotel/Motel:

-Always lock your door.

-Look through the door’s peephole before opening it.

-Never leave valuable items in your room.

-Always travel through a hotel or motel with a buddy.

-Never pack on to an elevator. If an elevator is full, take the stairs or wait for the next one.

-Never climb on balconies or sit on the railings.

Personal Safety:

-Never drink too much.

-Never travel alone.

-Never go with someone you don’t know.

Beach:

-Always wear the proper sunscreen.

-Check rental company’s certifications and equipment before renting.

-Be sure to drink plenty of water.

-Never swim alone.

-Be cautious of currents.

-When you see a storm brewing, get out of the water. Never stay on the beach if you see lightning.

-Be cautious of traffic near the beach. Some beaches even allow cars on them. Watch out!
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Published on: March 28, 2012

Accident in Fort Lauderdale Kills Expectant Mother and Unborn Child

By Dean Freeman

A recent Fort Lauderdale car accident ended up killing a pregnant woman and her unborn child. The soon-to-be mother and her husband won a free trip to South Florida through her Massachusetts church. Once their trip was completed, the two decided to stay in the area an extra day. Fort Lauderdale officers report that the woman was using the restroom at a poolside cabana at the Riverside Hotel on Las Olas Boulevard when the accident happened. A motor vehicle slammed into that very cabana. A 34-year-old driver was heading down Southeast Fourth Street when she lost control of her vehicle as she took a curve in the road, according to The Miami Herald. After losing control of her vehicle, she slammed into a fence and plowed right over the cabana building where the seven-months pregnant vacationer was sitting.

“She won a contest writing an essay on how a vacation would bless them,” said Genesis pastor Michael Davis.

Our Fort Lauderdale injury attorneys understand that the driver of the vehicle was transported to Broward Medical Center with only minor injuries. A local detective, DeAnna Garcia, says that there is now a criminal investigation into the accident and investigators may also request toxicology reports from the hospital. Currently, there have been no charges filed.

“It was shocking, just sitting there minding your own business and one almighty bang,” said one hotel guest and witness to the accident.

Our Fort Lauderdale accident attorneys usually talk about car accidents with other automobiles, pedestrians, bicyclists and motorcycles. We don’t hear about these kinds of accidents, car-structure accidents, very often. Still, these incidents do happen. When they do, it is critical for you to contact an experienced attorney. Not only are you fighting for compensation with the driver of the vehicle, but the property owner is also involved in the case as well. Make sure you have aggressive representation fighting for you.

In 2010, there were nearly 240,000 traffic accidents in the state of Florida. In these accidents, nearly 2,500 people were killed. In addition to the lives that were taken in these accidents, there were nearly 110,000 property-damage only accidents, according to the Florida Department of Highway Safety and Motor Vehicles (FLHSMV). While many may want to point out the slight reduction in the number of accidents from the year before, we think that it’s important to point out that a number of accident categories did in fact experience an increase, including property damage accidents.

Our hearts go out to the expectant mother and her unborn child who were killed in the Fort Lauderdale accident. We urge both visitors and guests to contact an experienced attorney if you have been involved in a traffic accident of any kind.
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Published on: March 26, 2012

Risks for Accidents in Fort Lauderdale Increased with College Students, Alcohol, Unsafe Properties, Waterways

By Dean Freeman

Although we’re at the tail end of Spring Break, we still have thousands of visitors in South Florida so it is prudent to remember safety remains a top priority. According to recent studies from the University of South Florida’s Alcohol and Substance Use Research Institute, alcohol use among college students follows strict seasonal patterns. One of the most active seasons is Spring Break in Florida. It’s important to stay safe and to help ensure that those around you are safe at all times. This means that if you decide to drink alcoholic beverages, do so in moderation, never drink and drive, and ensure that property owners are keeping their premises safe and secure for guests. With just a few safety precautions, we can all do our part to help reduce the risks of an accident in Fort Lauderdale over the spring holiday.

“Spring break is a holiday defined by drinking,” said Richard Reich, an assistant professor of psychology at USF Sarasota-Manatee.

Our Fort Lauderdale injury lawyers understand that being away from people who would typically restrict behavior is a big trigger for drinking. It’s not just being away from home, but it’s also being away from school, class and the library. Some of the most horrifying news headlines over this holiday every year include college students drinking themselves into the hospital, drinking and driving, falling off balconies and other catastrophic events.

In one effort to help to reduce the risks of Spring Break accidents, officers with the Fort Lauderdale Police Department have been setting checkpoints near and along the beach, according to the Sun Sentinel. Officers will be randomly selecting vehicles to check. They’ll be looking for valid drivers’ licenses, impaired drivers, proofs of insurance and vehicle registrations. The goal is not only to nab intoxicated drivers but to help increase awareness about the importance of public safety on the beach during Spring Break.

Spring Breakers are also warned about swimming. No, we’re not saying don’t go swimming; we’re just saying please do so safely, especially if you’ve been drinking.

“We lead the nation in accidental drownings,” said Broward County Sheriff Al Lamberti. There were nearly 15 drownings in Broward County alone in 2011.

Unfortunately, Spring Break is also a time when we see a plethora of accidents at Florida hotels. Oftentimes, the reported headlines we hear about during Spring Break are falls over balconies and other similar catastrophic events. According to Florida law, property owners are required to minimize the dangers and the accident risks of dangerous balconies by making sure all balconies meet the minimum safety and design specifications. This means that balconies in hotels, rental condos and other properties are required to have railings that are at least 42 inches high. Under Florida law, the bars on these balcony railings are to be no more than four inches apart. This is used to reduce the chances of a person squeezing through the bars and falling over.

If a hotel fails to maintain these standards, the hotel may be found negligent. When a guest is injured as a result of the owner’s negligence, compensation may be collected, including compensation for pain, suffering, lost wages and medical expenses.
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Published on: March 23, 2012

Child Injuries in Riviera Beach and Elsewhere Targeted by Poison Prevention Week

By Dean Freeman

Every day, there are nearly 400 children under the age of 20 who are treated in emergency rooms across the United States as a result of unintentional poisonings, according to the Centers for Disease Control and Prevention (CDC). In addition to these injuries, two kids are killed every day because of these same kinds of accidents. It’s not just household chemicals that parents have to be worried about any more. Nowadays, there are more and more products that can cause serious injuries to children in Riviera Beach and elsewhere.

To help to reduce the risks of poison-related child injury in Riviera Beach and elsewhere, the National Safety Council (NSC) is holding Poison Prevention Week through March 24. This nationwide campaign is designed to raise awareness about the dangers associated with many our common household products and medicines.

Our Riviera Beach injury lawyers would like to take this time to warn parents about the risks associated with dangerous chemicals and products. Children can be easily poisoned by pills, liquid medicines and even household cleaners. Fortunately, there are a few precautionary steps that parents and other adults can practice to help ensure that children cannot gain access to these items. As part of Poison Prevention Week, we are sharing these preventative steps with you and your family to help keep the kids in your household safe.

Unintentional poisoning is defined as the unsupervised consumption, excessive use or “overdose” of drugs, chemicals or exposure to environmental substances.

Some of the most common forms of poisons include over-the-counter medications, personal care products, prescriptions and cleaning products. Many of these items are found scattered throughout each of our homes. As a matter of fact, these items are so common that about 80 percent of poisoning incidents happen when a child swallows prescription medications or over-the-counter medicines when an adult is not supervising.

Tips to Help Prevent Accidental Poisonings Among Children:

-Keep your vitamins and your medicines out of reach and out of sight of children. This goes for prescription medicines and over-the-counter drugs as well.

-Never leave vitamins or medicines out. Always put them away right after you’re done using them. It’s important that you never leave them on the counter or anywhere a child can see/access.

-Explain to your children what medicine is and why you take it. Explain to them that they’re never to take medicine unless you give it to them. Reiterate that it’s not candy, nor does it taste like candy.

-When closing your medicines, always listen for the click indicating that the cap is locked shut.

-Inform guests of your rules regarding medicines and vitamins and ask that they follow the same rules to help keep children safe.
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Published on: March 21, 2012

Child Injury in Palm Beach County Possible with Recently Discovered Child Product Defects

By Dean Freeman

We like to keep parents up to date with the most recent child product recalls from the U.S. Consumer Product Safety Commission. Every day, there are thousands of products on the federal recall list. A surprising amount of these products are items that can be found in your household, posing risks of injury in Greenacres and elsewhere.

Our Palm Beach County child injury lawyers will be going over some of the latest product recalls involving child products, toys and clothing. Oftentimes, our kids’ products wind up on these lists because of a defect discovered well after the item has been on the retailers’ shelves. These defects are oftentimes dangerous and can seriously injure your child. It’s important for parents to stay in tune with this recall list to help keep children safe.

Arch Swing Sets Recalled by BCI Burke Co. LLC

There were nearly 300 of the 2-3/8 Arch Swing Sets sold throughout the U.S. from January 2004 to December 2011. These items have problems with the welding connection. What can happen is the top swing beam can collapse. With this collapse, children can fall and can be seriously injured. There have already been seven incident reports filed. There have also been a number of injuries reported. Swing sets with 2-3/8-inch steel tubing are covered under this recall. All of the swings have a 2-7/8-inch diameter sleeve that is welded to the middle or end support. If you have one of these sets, contact the company for information regarding a refund or a replacement. Call 1-800-356-2070 or e-mail the company.

Children’s Play Theaters Recalled by Guidecraft

Nearly 2,000 of the 4-in-1 Dramatic Play Theater Toys have been recalled in the United States. The items were sold from July 2010 through April 2011. These items have been recalled because they can tip over while a child’s playing on them. This poses a serious entrapment hazard to small children. The Guidecraft Company has received both incident and injury reports, including injuries of abrasions and contusions. The model number G51062 falls under this recall. If you have this product, call the company at (888) 824-1308 to get either a refund or a replacement product.

Papa Bear Loungeabouts Pajamas Recalled by Papa Bear Loungeabouts, LLC

Roughly 10,000 pajamas and sleepwear items were sold nationwide from 2004 to 2011. These pajamas don’t meet the federal flammability standard, poising serious burn risks to children. They were sold for both boys and girls. A garment label with the name “Papa Bear Loungeabouts” and a picture of a bear can be found sewn into the center back neckline on the outside of the garments. If your child has any of these products, you should return them to the product retailer for a store credit, an exchange or a full refund.
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Published on: March 19, 2012

Jet Ski Accidents in Fort Lauderdale Increased through Spring Break Season

By Dean Freeman

We’ve been discussing the risks of alcohol-related car accidents and other similar accidents on our South Florida Car Accident Attorney Blog. We’ve been talking about these dangers because even though Spring Break is now on the downside in South Florida, this is the time of year that continues to bring an overwhelming number of residents and tourists to our coastlines.

What we’re going to discuss now are the risks for jet ski accidents in Fort Lauderdale and elsewhere, especially during Spring Break and into early April. In Florida, there were 125 personal watercraft accidents reported in 2010. Of these reports, 81 were accidents involving privately owned personal watercraft while the others were rental personal watercraft vessels, according to the Florida Fish and Wildlife Conservation Commission (FWC). These statistics are alarming, especially knowing that Florida was ranked as the most dangerous state in the country for these kinds of accidents in 2009. During that year, nearly 70 people were killed in boating accidents in the state of Florida. This is about 20 more fatalities than the second most dangerous state in the country — California.

Our Fort Lauderdale injury lawyers would like to remind both residents and Spring Breakers that the rental of personal watercraft is done under strict Florida laws. These laws are in place to help keep the rider safe, the beach-goers safe and other boaters safe. Rental companies are required by law to follow the laws. If you feel that a personal watercraft rental company has cheated these laws and has contributed to an accident, contact an experienced attorney to help you to review your rights.

Florida State Laws, Personal Watercraft Rental:

-All riders must wear an approved, non-inflatable personal flotation device (PFD).

-The driver of the vessel is required to wear the engine cutoff switch lanyard at all times.

-There are nighttime restrictions to personal watercraft. They are not permitted to be driven from 30 minutes after sunset to 30 minutes before sunrise.

-Personal watercraft operators can be cited for reckless driving. When driving near other watercraft, you’re required to avoid swerving at the last moment or swerving in a way that creates an unnecessary wake to another vessel.

-You have to be at least 14-years-old to drive a personal watercraft.

-You have to be at least 18-years-old to rent a personal watercraft.

-It is considered a second-degree misdemeanor if someone allows an underage driver to operate a personal watercraft.

Rental facilities are also required to ensure that all operators are properly identified before allowing them to hop in the driver’s seat. Renters are also required to make sure that each vessel is equipped with the proper safety equipment. They’re prohibited from renting any vessel that is not seaworthy, exceeds the recommended engine horsepower or exceeds load capacity.

Remember, there were five personal watercraft accidents in Palm Beach County in 2010, one in which resulted in a death and three caused injuries.
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Published on: March 16, 2012

Elderly Driver Killed in Head-On Accident in Palm Beach County

By Dean Freeman

A recent head-on auto accident in Palm Beach County took the life of a 69-year-old driver. The accident happened on Hagen Ranch Road. The afternoon crash happened when an 80-year-old driver was heading south on that roadway and veered across the double-yellow line directly into the path of the 69-year-old’s oncoming vehicle. Officials were forced to shut the road down after the accident in an attempt to free the victims from their vehicles and to clean up the debris.

The 69-year-old driver was pronounced dead at the scene. The 80-year-old driver was transported to Delray Medical Center. The Palm Beach County Sheriff’s office reports that he is still in the hospital and was listed in critical condition.

Our Palm Beach County accident lawyers understand that elderly drivers are at some serious risks for accidents on our roadways. Although elderly drivers are involved in fewer accidents than drivers under the age of 25-years-old, the state’s growing population of elderly drivers is contributing to a growing number of these accidents. With the increase in these accidents, the Florida Department of Highway Safety and Motor Vehicles (FLHSMV) is working diligently to help to address this dangerous situation and to help make sure elderly drivers are safe on our roadways.

Recommendations from the FLHSMV to help keep elderly drivers safe on our roadways:

-Help to educate elderly drivers. Help to compensate for waning abilities and to better recognize when it’s time for them to give up the keys. Safety should be their number one priority, even if that means giving up their driving privileges. It’s a decision that can save their life.

-Continuously assess elderly drivers for debilitating declines in their hearing, vision, physical skills and thinking. Identifying these characteristics of aging early on can help dangerous elderly drivers off the road and out of accidents.

-Work to provide elderly drivers with alternative forms of transportation. Offering simple and convenient transportation for these individuals will help them to get around once they’ve made the decision that it’s no longer safe for them to navigate a motor vehicle on our roadways.

Drivers who are getting older are also encouraged to take a state-approved driver improvement course. This class will not only help you to advance your driving skills, but the state also mandates insurance discounts for drivers over the age of 55-years-old who have completed this course. These classes are typically six-hour classroom courses designed specifically for elderly drivers. In these classes, like the ones that are offered by the Safety Council of Palm Beach County Inc., various driving techniques are introduced and reviewed. These techniques are used to help offset the effects of aging that contribute to higher risks of auto accidents for these older drivers.
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Published on: March 13, 2012

Teen Driver Killed in One-Vehicle Accident in Palm Beach

By Dean Freeman

In a recent Palm Beach car accident, a 17-year-old driver died after he lost control of his Jeep, according to the Palm Beach County Sheriff’s Office. Reports indicate that the young driver was heading east on Forest Hill Boulevard shortly before 9 a.m. when he lost control of his SUV, swerved off the road, slammed into a pole and crashed by the entrance of Okeeheelee Park. The young driver was a student at Palm Beach Central High School. After school the next day, students and faculty members placed balloons and flowers at the scene of the accident, according to News Channel 5.

“He’s in a better place now and, you know, looking down at all [of] his friends and his family,” said Harrison Fields, a classmate and class vice president. “My heart goes out to his family. He’s a smart kid. We’re going to miss him a lot.”

Our Palm Beach injury attorneys have recently been discussing the dangers that our young, teen drivers face on our roadways. These dangers and the risks for accidents increase significantly during Spring Break, especially during Spring Break in Florida. Each year, thousands and thousands of vacationing students make South Florida their Spring Break destination. With the Spring Breakers in town and the snowbirds finishing up their time in the south, our roadways will continue to be congested for just a little while longer. That’s why it’s still important for parents to keep an eye on their teen’s driving habits. Although 17-year-old drivers are allowed to navigate our roadways without a parent or guardian present in the vehicle, they are still are required to abide by rules of the state’s Graduated Driver’s Licensing (GDL) program.

According to the Insurance Institute for Highway Safety (IIHS), 17-year-old drivers in the state of Florida with a restricted driver’s license are prohibited from driving between 1 a.m. and 5 a.m. You’d think that the state’s program would limit the number of passengers that these drivers can drive with. You’d be wrong. The state of Florida is one of the only states that doesn’t have passenger restrictions for these young drivers. As our Palm Beach injury attorneys have reported before, passengers greatly increase accident risks for young drivers.

For these reasons, we’re asking parents to step in and keep an eye on these young drivers. Law enforcement officials aren’t able to track down every young driver in the state and they’re definitely not able to ride along with each and every one of them to make sure their driving habits are progressing properly. Studies have concluded that parents are some of the most influential people in the lives of teens and in their driving habits. Create household driving rules. Create rules where you think the GDL program is lacking. Consider creating and enforcing a parent-teen driving contract between you and your teen driver to help lay down the rules and the consequences for breaking the rules. Enforce this to the fullest, especially during Spring Break and other various holidays.
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Published on: March 11, 2012

Risks for Motorcycle Accidents in Delray Beach and Elsewhere Increased during Bike Week

By Dean Freeman

We’re sitting in the heart of the Daytona Beach Bike Week 2012. This year is the event’s 71st anniversary. Every year, we see thousands and thousands of bikers from across the country flock to the state of Florida for this event. With all of these bikers on our roadways, the risks for motorcycle accidents in Delray Beach and elsewhere skyrocket.

This year’s event is taking place from the 9th of March through the 18th of March. Although the event is held in Daytona Beach, bikers throughout the state will be participating in and attending events throughout the state in celebration of two-wheeled transportation. This year’s big bike week is being presented by Harley-Davidson Insurance and was pushed back a week because of the rescheduling of the Daytona 500.

Our Delray Beach injury attorneys understand that motorcyclists are some of the most vulnerable travelers on our roadways. Oftentimes, accidents involving these two-wheeled motorists result in deadly consequences. These motorists are not provided with seat belts or with the protection of a metal cage. Because of their small size, motorists are asked to keep an eye out for motorcyclists while we continue on through the month of March and through the rest of the year. This is especially important in the state of Florida, considering we have twelve beautiful months of motorcycling weather!

At Riverfront Park, events will include motorcycle stunt shows, live bands, food, vendors and contests. Riverfront Park is the Official Bike Week Headquarters.

Daytona Beach Bike Week 2012 Events:

-Harley Davidson Custom & Classic Motorcycle Ride-In Show: This show is presented by American Iron Magazine. It will be held at the Harley-Davidson Experience area on Beach Street. Photographers will be on hand from Motorcycle Bagger and American Iron to take pictures of entries for possible features in the magazines.

-Bike Week Community Appreciation Parade: After being canceled for seven years, the iconic parade is back. It was halted back in 2004 when the Daytona 200 was moved from a Sunday to a Saturday. Everyone who wants to participate is asked to be at Ocean Center by 9 a.m. on Saturday, March 17th. The parade will leave Ocean Center and will be escorted by the Daytona Beach Motorcycle Police all the way to Daytona International Speedway!

-Bike Week App for Bike Week Daytona Beach 2012: This app is like having a virtual tour guide in the palm of your hand. It will provide you with everything you need to know about the event, all with the click of a button.

-Bike Week Treasure Hunt: Everyone who wants to take part in this event will be provided with a “passport.” After all of the locations have been found and passports have been stamped, then participants are asked to return to Riverfront Park. The first 300 to complete the hunt will get a Daytona Beach Bike Week 2012 Commemorative Coin. There were only 300 coins printed.
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Published on: March 8, 2012

‘Move Over’ Campaign Helps to Reduce Car Accidents in South Florida

By Dean Freeman

As we recently reported on our South Florida Injury Lawyers Blog, officers throughout the state of Florida were using the month of February to help raise awareness about Florida’s Move Over Law and to bust disobeying drivers. Throughout the month, officers were targeting drivers who weren’t moving over on our roadways for police cars and other official vehicles that were working roadside with their lights flashing. Every year, too many of these roadside workers are injured by the sheer inconsideration of motorists.

Under Florida’s law, motorists are required to move over and offer a free lane of space to help prevent collisions with these official roadside vehicles. When drivers are not able to move over a lane, they are required to slow down and travel at least 20 miles under the posted speed limit. The month-long campaign is the result of the more than 170 police officers who have been killed since 1999 while doing their job on the side of the road. Thousands more have been injured in these accidents. Officials are stepping up and fighting back, helping to protect roadside emergency workers.

Our Margate car accident attorneys would like to share the results of that month-long campaign. During the enforcement period, officers issued nearly 70,000 traffic tickets and arrested more than 600 drivers for driving under the influence of drugs or alcohol. Of these busts, officers were able to ticket nearly 25,000 drivers for speeding and more than 1,200 for failing to abide by the state’s Move Over Law, according to results from the Florida Department of Highway Safety and Motor Vehicles (FLHSMV).

“Law enforcement officers are out there every day working to reduce traffic crashes and fatalities. Motorists need to know the rules of the road…and abide by them,” said Col. David Brierton with the Florida Highway Patrol (FHP).

Brierton added that there have been three FHP troopers hit on the job by passing motorists in just the last three months.

Recent accidents from motorists failing to move over:

-January 14: Trooper Richard Guzman in Hillsborough County.

-January 26: Trooper David Rodriguez in Orange County.

-February 23: Trooper Daniel Morley in Palm Beach County.

Drivers throughout the state are reminded to move a lane away from a stopped emergency vehicle when its lights are on and flashing. When you are not able to move over, you are to slow down and travel 20 miles under the speed limit. When the speed limit is just 20 miles per hour on the roadway you’re traveling, you’re required to travel at 5 miles per hour until you’ve passed the official vehicle.
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