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If you live in a big city, the opportunity to ride an all-terrain vehicle is probably few and far between. Yet, just a few minutes out of town, they remain a popular recreational activity. In other cases, they are used on the beach and even as part of some jobs. Tourists and residents of Florida may find themselves at risk of an ATV accident in Port St. Lucie if they lack the knowledge and experience needed to operate this four-wheeled machine. Or if rented or borrowed machines are not properly maintained.

TC Palm recently reported about the fatal ATV accident involving two riders from Port St. Lucie. According to St. Lucie County Fire District, the ATV ran into a truck that was parked on Christensen Road near Midway Road around 11:00 p.m. The driver of the ATV attempted to turn into a drive, hit a privately owned firetruck which caused the ATV to flip over. The passenger on the ATV was ejected from the vehicle and killed. The ATV driver is at Lawnwood Regional Medical Center & Heart Institute in critical condition.

Fort Lauderdale injury lawyers know that Florida is full of scenic off-road riding trails and challenging mud bogs. But with the growing popularity of ATV’s in our state, riders need to be careful to avoid rollover accidents, collisions, or bumpy terrains that cause them to be thrown off the vehicle.

ATVSafety.gov reported 376 ATV-related fatalities in 2009, and another 131,900 injuries that were treated in hospital emergency rooms nationwide. For children under the age of 16, 16 percent of all ATV-related deaths were in this age group in 2009 with 61 reported fatalities. Florida reported 361 fatalities from 1982-2006 involving an ATV and though the data remains incomplete, it is estimated that another 86 ATV-related deaths occurred from 2007-2009 in our state. From 1982-2006, 29 percent of ATV-related deaths in Florida were children 15 and under.

Florida prohibits use of ATVs on paved roads and requires that vehicles must be titled if operated on public land.

The U.S. Consumer Product Safety Commission offers these common sense safety tips to ATV riders:

-Enroll in a training course. Riders can learn how to control ATVs in various situations with proper training in a hands-on course.

-Adult ATVs are meant for adults and should never be used by children under the age of 16.

-Riders should never drive under the influence of alcohol or drugs.

-Most ATVs are built for one person so carrying a passenger on a single-rider is never advised. Riding tandem with a passenger can occur on ATVs designed for two riders but passengers should be at least 12 years old.

-Protective equipment like gloves, helmets, boots and goggles can reduce the severity of injury sustained in a crash.

For a full list of riding trails in your area, visit atvflorida.com. But first, check out ATV Rider Course Enrollment before you ride.
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Many motorists find it annoying to drive behind a dump truck on Florida roadways because they are difficult to see around and may have loose debris flying off the truck which can create a driving hazard.

A recent St. Lucie dump truck accident has us mindful that not only are these trucks hazardous to motorist but they can also be dangerous for those who drive them. WPTV News Channel 5 reports that a dump truck driver was fatally injured when his truck tipped over into a St. Lucie County canal. The dump truck hit a curb after veering off the dirt road for some unknown reason, which caused the truck to submerge in water according to the Florida Highway Patrol.

This marks the second fatal accident in less than a month involving a dump truck. Keys News reported about the death of a woman who was killed when she was struck by a dump truck loaded with gravel while making a left hand turn. The woman was airlifted from Mariners Hospital and taken to Ryder Trauma Center in Miami where she later died.

Port St. Lucie accident attorneys know the crazed frenzy of the construction industry a few years back made roadways more dangerous with the vast number of dump trucks occupying them. We can expect that again if the economy ever recovers. Dump trucks accidents will be on the rise unless truck drivers and motorists use extra caution in order to avoid them.

In 2008, the U.S Department of Transportation’s Federal Motor Carrier Safety Administration reported 370 fatal dump truck crashes (roughly 9 percent of all large truck crashes). In addition, FMCSA reported almost 4,700 dump truck crashes nationally, which resulted in injury severe enough to require medical attention.

Motorists are reminded of the following safety tips when traveling on roadways with dump trucks:

-Steer clear whenever possible or at least allow plenty of following distance between you and the truck.

-Stay out of a truck’s blind spots. If they don’t see you then they may hit you.

-Never pass a truck on the right. Wait for them to move over and then safely pass them on the left.

Dump truck operators are reminded to:

-Evenly distribute cargo carried in the bed to avoid tip-overs or loss of control because of weight distribution issues.

-Ride in the right lane, especially when hauling heavy loads.

-Safely secure all cargo by tying down or covering to eliminate the risk of debris hitting another motorist on the roadway.

-Walk around your truck or have someone direct you before putting the gear in reverse or tipping the bed to unload.
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Child product recalls are a dime a dozen these days so parents need to stay informed if they want to protect their children from severe injuries caused by defective products in Palm Beach or elsewhere in South Florida.

Macy’s Incorporated recently agreed to pay a $750,000 civil penalty for failure to report selling children’s outwear containing drawstrings according to news from U.S. Consumer Product Safety Commission.

The CPSC has issued a drawstring safety rule for manufacturers of children’s outerwear clothing. Jackets, sweatshirts, sweaters and vest containing drawstrings in the neck or waist are considered a high risk for strangulation and hazardous to small children. Macy’s Inc. knowingly sold children’s outerwear garments with drawstrings from 2006-2010 and failed to report it to the CPSC within 24 hours.

Retailers, distributors and manufacturers are required by law to report products that are considered defective or hazardous, products that fail to comply with federal rules and standards or banned by the CPSC, or products known to present a risk of serious injury or death.

We frequently use our South Florida Injury Lawyers Blog as a method of updating parents and consumers about the most recent child product recalls. Fort Lauderdale child injury lawyers know that crib safety has been in the news a lot recently with over 11 million cribs being recalled since 2007.

The CPSC recently announced new federal requirements for A Safer Generation of Cribs. Starting in December 2012, compliance of new crib standards will be required by all Head Start centers and family child care homes, as well as hotels, motels and rental companies.

The CPSC has established the following new mandatory rules for crib safety, effective immediately:
-Improve safety testing by making it more laborious on products.
-Hardware affixed to the crib will be required to be more durable.
-Crib slats and mattress supports need to be strengthened.
-Drop-side cribs will soon be obsolete by not allowing them to be sold by retailers or produced by manufacturers.

“A safe crib is the safest place for a baby to sleep. It is for this reason that I am so pleased that parents, grandparents and caregivers now can shop with confidence and purchase cribs that meet the most stringent crib standards in the world,” said Chairman Inez Tenenbaum.

“From the start, our goal has been to prevent deaths and injuries to babies in cribs, and now the day has come where only stronger and safer cribs are available for consumers to purchase.”
Whether you are purchasing a new toy for your child or a new item of clothing, consumers are reminded to check the CPSC Recall List before you purchase any child product.
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From Los Angeles, California to Selmer, Tennessee, there are at least 500 towns and cities in 25 states that have red light cameras. On duty 24/7, these cameras capture red light runners in the act, but are they just money makers for the towns and cities or are they making motorists safer?

Our Fort Lauderdale car accident lawyers question how effective red light cameras are in preventing car accidents in West Palm Beach and throughout South Florida.

Los Angeles may be the next city to remove the cameras from intersections which is what the Police Commission wants done. The City Council committee will soon decide if the 32 cameras will stay or go. For those who thought having the cameras would be a cash windfall for the city, that would pay for the system and other things, it has been a disappointing experiment.

Even though the fine for running a red light is $446 the city is only getting paid for 33 percent of the tickets that are sent out. The city is in a million dollar hole in operating expenses for the cameras, unlike Chicago where 400 cameras generated over $64 million in 2009. And LA has yet to prove that the cameras increased public safety.

According to the National Highway Traffic Safety Administration using red light cameras should:
-Decrease the occurrence of violations.
-Increase public safety by the use of technology.
-Increase public awareness of the dangers of red light runner and increase the idea that violators will be caught.
-Free up law enforcement for other tasks.
-Stress deterrence instead of punishment and safety instead of revenue generation.
-Educate the public about why the red light camera program is in operation.

LA is not the only city having issues with red light cameras. There’s an intense court battle brewing in Houston, after a U.S. district judge recently ruled that a voter approved measure to take down the city’s 70+ cameras was “invalid on procedural grounds.”

Weighing in on the debate if red light cameras save lives, the Insurance Institute for Highway Safety analyzed traffic data from the 99 largest U.S. cities for the last 10 years. Their conclusion was that if all 99 cities had red light cameras 815 victims would not have died in traffic crashes between 2004 and 2008. Currently, of those 99 cities only 14 have cameras.

“We still have thousands of people who die,” said Adrian Lund, the Insurance Institute’s president. “We look at where and how that’s happening, and one of the most dangerous (locations) is intersections.”

Issues occurring in other states and cities:

-Failing in the Senate, Florida’s House recently passed a bill banning red light cameras.
-Residents of Albuquerque will vote later this year on the fate of their 20 red light cameras, though city lawyers are debating if the vote would have any official effect.
-A Missouri circuit judge recently ruled that St. Louis’ 51 cameras were illegally enacted.
-Tennessee Governor signed a bill to limit, but not ban, the use of red light cameras.
-Awaiting House action the North Carolina Senate voted to ban cameras.
-In Spokane a Superior Court judge said red light camera tickets are invalid because they are not signed by a police officer.
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David Strickland, Administrator for National Highway Traffic Safety Administration (NHTSA) recently spoke to a group of people at the Telematics Detroit 2011 conference about in-vehicle technology and the dramatic effect it has in causing distracted driving accidents in Fort Lauderdale and elsewhere in the country. Facebook and Twitter are common methods of communication these days but they both require web access. Is life so short that we can’t wait until we are parked to correspond with friends, family, co-workers or bosses via the internet?

Our Palm Beach car accident lawyers understand the dangers that social media plays on drivers because we help victims everyday get compensated after being hit by a distracted driver.

With almost 5,500 distracted driving-related deaths each year, the Government Computer News reports that Strickland was pretty adamant that he wasn’t going to ease up on his opposition to devices placed in cars that can add to a drivers’ distraction. “I’m just putting everyone on notice,” Strickland said, choosing his words carefully and ironically, “A car is not a mobile device.”

The government has sought to communicate its concerns about distracted driving the last few years with national campaigns, public service announcements, teen contests and the induction of Distraction.gov, a website designed to inform the public about the dangers of distracted driving. The focus has been on hands-free devices, of which car manufacturers are happy to oblige with voice-activated technology but the Insurance Institute for Highway Safety has presented studies that hands off the wheel is not the only distraction that puts drivers in danger.

Distractions are caused both physically and cognitively so talking or listening to a voice-activated device in your car distracts a driver just as much as removing their hands from the wheel to punch a button or taking your eyes off the road to look at a screen.

The Denver Post reports that the automobile industry is only giving consumers what they want in terms of bigger and better technology installed in vehicles.

“Consumers are wanting, expecting and you could say demanding more technology in their cars,” said Tim Jackson, president and CEO of Colorado Automobile Dealers Association. “As their lives have become more technologically driven, they want those same creature comforts in their cars.”

Hands-free social media technology is what consumers are getting. The following are some examples of in-vehicle technology being offered by different car manufacturers:

-2012 Chevy Volt and Equinox will offer Chevy MyLink which is a hands-free Internet radio site which links Pandora and Stitcher Smart Radio.

-Limited models of Toyota’s Entune offer a multimedia system in which a driver’s cell phone can be linked to their vehicle.

-Ford’s Sync technology offers a system that allows drivers to hear a text message and respond back to them, get vehicle diagnostic updates, recall information, and reminders for scheduled maintenance, among other things.

-Kia and Microsoft have teamed up to create Uvo, a new hands-free entertainment system which has Bluetooth technology available. This option is now standard in 2011 Optima Hybrid and 2012 Sorento models and will soon be offered in other Kia vehicles.

New and improved, in most cases, is a good thing. When it comes to in-vehicle technology, consumers should choose and use their toys wisely in order to reduce the risk of a distracted driving accident. Distractions are a common cause of vehicle crashes and no amount of bells and whistles can guarantee highway safety.
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Florida drivers, your days of using a handheld cell phone while driving may soon be numbered. Rep. Carolyn McCarthy, D-N.Y. has proposed a House bill that would bring under federal control driving and cell phone usage, according to an article in Auto Trends Magazine.

Our West Palm Beach injury lawyers know that cell phone use is one of the leading causes of distracted driving accidents in Fort Lauderdale and elsewhere. We are aware that in 2009 the National Highway Traffic Safety Administration reported almost 5,500 people were killed in crashes caused by distracted driving.

Individual states currently mange their own cell phone usage laws. If the bill passes the U.S. Department of Transportation (DOT) would be tasked with making a national standard, to ban cell phone use while driving. Drivers calling for help in an emergency situation would be the only exception.

“Driving while making a phone call, texting or using apps can be as dangerous as driving drunk, and much more common,” Rep. McCarthy said. “With some basic commonsense rules that are already in place in some parts of the country, we can reduce injuries and save lives in America.”

Some exclusions are included in the proposed legislation. Drivers could still use vehicle-integrated and voice-operated devices and GPS systems that are voice-operated. It is recognized that many of today’s vehicles have the technology for hands-free cell phone use.

But, cognitive distractions still exist with hands-free devices. If passed, the bill would require the DOT to do a distracted driving study with an emphasis on cognitive distraction particularly as it relates to young or inexperienced drivers. DOT, within two years of the study, would have to present their findings to Congress, give suggestions for updating the minimum distracted driving exclusions and penalties states must observe. After all that, states would be allowed two years to abide by the law or face a reduction in federal highway funding of 25 percent.

Currently, there are a wide variety of state laws on preventing distracted driving. Florida doesn’t have any restrictions at all regarding cell phone use while driving. But in Illinois there is a ban on texting for all drivers; all cell phone use is prohibited for bus drivers and all drivers under 19-years-old; and cell phones can’t be used while driving in school and construction zones.

Other distractions that can lead to crashes:
-Talking with passengers: Keep conversations to a minimum so you stay focused on driving
-Changing the radio station or adjusting temperature control: Wait to do this when you are stopped or ask your passengers to do this.
-Eating or drinking: Give yourself plenty of time to finish your food and beverage.
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Palm Beach Fire Rescue was called out to the scene of a deadly West Palm pedestrian accident recently. The accident happened at the corner of Belvedere and Palmetto roads just before 5:00 a.m. The victim was taken to St. Mary’s Medical Center in West Palm Beach and was later pronounced dead.

The sheriff’s office Traffic Homicide Unit was sent to the scene to figure out exactly how the accident happened. Preliminary reports state that the pedestrian was struck by more than one vehicle, according to News Channel 5.

“So far we’re looking at three (cars),” said Sgt. John Churchill, head of the Traffic Homicide Unit. “We’re trying to match what people are describing to us to the actual number of cars.”

Our Fort Lauderdale personal injury attorneys understand that this early morning pedestrian accident could have been caused by a number of factors. The driver could have been drowsy, distracted, intoxicated or speeding, just to name a few.

The pedestrian may have also been partially at fault by failing to acknowledge oncoming vehicles, not wearing brightly colored clothing or walking in the path of traffic. Regardless of who is determined to be at fault, it is important for everyone traveling on our roadways be extra cautious of one another in an attempt to avoid these fatal interactions.

USA Today contributes a number of factors to the high rate of pedestrian accidents that we see in Florida every year. First they recognize the increasing population. Florida has roughly 7 times more residents than it did back in 1950. Our state represents roughly 6 percent of the United States’ population.

“Florida has developed faster than any other state in the nation,” says Louis Malenfant, president of the Center for Education and Research in Safety. “The roadways have been built to accommodate a lot of traffic, and get trucks and cars moving from point A to point B in a very efficient way.”

They also credit our booming tourist industry. In 2009, more than 80 million people visited our state. Motorists who are unfamiliar with our roadways and our weather conditions are only increasing risks for a car accident. Depending on the season of the year, more motorists will significantly increase these risks.

“Sometimes, when people factor in fatalities on a per-capita basis, they may not be calculating the impact of tourists,” Malenfant says.

Lastly, USA Today cites the beautiful Florida climate. We all know how beautiful our Florida weather can be and because it’s balmy year-round, residents and tourists tend to spend more time outdoors. Outdoor travel increases exposure to such accidents.

In 2008 alone, more than 11 percent of pedestrians and more than 17 percent of bicyclists were killed in the Florida. Nearly 500 people died that year because of accidents involving a pedestrian.

During these summer months, when everyone hits the open road, or sidewalk, to enjoy Florida’s beautiful weather, please remember to be courteous to all travelers and help to keep everyone safe on our roadways.
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Driving on our roadways may now be more dangerous than ever with a number of recent vehicle-related safety recalls. Defective vehicle products can greatly increase your risk of being involved in a car accident in West Palm Beach and elsewhere throughout the United States, especially if you never hear about these recalls.

Luckily, the National Highway Traffic Safety Administration (NHTSA) offers consumers with a list of recalls. These recalls can be independently conducted by a manufacturer or ordered by the Administration. On their website, you can access public reports describing a number of safety-related defects of vehicle records or noncompliance with federal motor vehicle safety standards.

Our Fort Lauderdale personal injury attorneys urge that all residents sign up, through the agency’s website, for government alerts regarding major events that result in a recall determination, a description of the remedy and a schedule for the recall. Vehicle recalls can occur because of defective manufacturing of vehicles, tire, car seats, etc.

The NHTSA’s job isn’t done after they’ve informed the consumer about these recalls. They follow-up to ensure that the manufacturers provide owners safe, free, and effective remedies according to the Safety Act and Federal regulations.

An NTSHA recall notification letter contains the following information:

-A description of the defect or noncompliance.

-A description of the potential risks or hazards posed by the problem. This includes any warning signs of the problem.

-A description of the free remedy, including when the remedy will be available and how long the repair will take.

-A description of what the vehicle’s owner can do if they’re unable to have the problem fixed within a reasonable time and without charge.
Safety Defect/Noncompliance Notices Received in June:

-Volvo is recalling 2010 S60 models because the fuel pump may not be compatible with all fuel pumps and components. The result is an insufficient fuel transfer in the pump unit.

-Porsche is recalling 2010-2011 911 Turbo, Turbo S, GT3, GT3 RS and GT2 RS because the center locking hub and wheel assemblies can wear prematurely.

-Affinia is recalling their aftermarket front suspension lower ball joints.

-BMW has recalled certain models of their 2011 X3’s because the control module in the electric power steering unit could malfunction. This malfunction could result in a sudden loss of power steering.

-Kawasaki is recalling their 2009-2010 KLX250 motorcycles because the fuel tank could leak from cracks at the spot welds on the side mount tabs.

-Ducati is recalling 2011 Diavel motorcycles because the brass inserts installed in the chain can deform over time.

-Mazda has recalled the 2008-2009 models of the Mazda3 and the Mazdaspeed3 because the ground terminal of the windshield wiper could have been inadvertently bent when it was initially assembled.

-GMC is recalling 2011 Cadillac Escalades,Chevrolet Silverado HD, Silverado LD, Suburban and the Tahoe because the immediate steering shaft attaching bolts may not have been tightened correctly.

-Toyota has recalled its 2011 Siennas and Venzas because of the possibility that the front drive shaft could break because of insufficient heat treatment.

Luckily, there were no tire or car seat recalls in June. For more updates, please register with the NHTSA. Staying updated with recent vehicle recalls can help to keep you and your family safe on our roadways.
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Serving alcohol at drive-thru restaurants could increase the risk of DUI accidents in Fort Lauderdale. Yet Sonic Drive-In has been playing around with the idea of offering three types of bottles draft beer and 10 varieties of wine to their menu for customers who eat on the patio.

The Sonic in Homestead was recently approved by City Council members to be the first of the chain’s 3,500 restaurants to offer alcoholic beverages. The restaurant is located at 2425 NE Eighth St. in Homestead.

Our Miami personal injury attorneys understand that battling drunk drivers is tough enough as it is. Add drive-thru alcohol availability and the risk increases. A number of fast food chains have experimented with the idea in previous years, but this is the first to do so in our area.

“They’re trying so much to stay in business and find new things for customers,” said Richard Turner, a spokesman for the Florida Restaurant and Lodging Association. “What’s amazing about the American consumer is their needs are always changing.”

Restaurants that will serve alcohol will only provide it to customers who are eating on the patio.

“For consumers, it’s basically about having it your way — even if it’s having a beer with your burger,” states Ron Paul, president at Technomic, a restaurant consulting firm.

In Florida, it’s illegal to have an open alcoholic beverage in a car, even if it’s parked, according to The Miami Herald.

“We think it’s irresponsible to have someone drive up and we hand a beer out the window,” said Johnny Winton, one of the franchise owners. “That doesn’t make sense at all. We’re trying to have a family-friendly atmosphere out on that patio.”

Nearly 11,000 people were killed in traffic accidents that involved an impaired driver in 2009 alone. These accidents made up more than 30 percent of the total traffic accidents in the United States. Innocent motorists are oftentimes killed in these preventable accidents. During that year, more than 200 children age 14 and younger were killed in these accidents, according to the National Highway Traffic Safety Administration. However, those ages 21- to 24-years-old had the highest percentage of drivers involved in fatal drunk driving accidents. Florida witnessed nearly 1,000 traffic fatalities in 2009 because of traffic accidents that involved an intoxicated driver.

For the time being, drivers are asked to practice safe driving habits and to remain sober behind the wheel, regardless of who’ve serving your dinner.
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A 31-year-old tourist died recently during a parasailing accident in Florida. The parasailing boat, Almost Heaven, lost power mid-trip and sent the tourist plunging down into the Gulf of Mexico from hundreds of feet in the air, according to 13 News.

Parasailing accidents in Fort Lauderdale and other beach towns in Florida contribute to a number of tourist injuries every year. With the lack of state and federal regulation of this industry, many companies slack on safety standards.

“It wasn’t dead in the water. Our understanding is that it was able to make a bare-steerage way. Just enough propulsion to maintain the course,” said Coast Guard Deputy Cmdr. Peter Martin. “But could not come up to speed.”

Our Fort Lauderdale tourist accident attorneys understand that tourists flock to our beaches to enjoy the sandy shore, parasailing, jetski rides, boating excursions and a number of other tourist attractions. A number of these activities lack government overview and are free to operate as they wish. Without this type of supervision, tourists face a greater risk of being injured in Florida. We are unable to report an exact number of tourist accidents in this industry because there are no state or federal regulations that apply specifically to parasailing. The only thing that regulates these rides are rules that apply to all commercial vessels.

According to witness reports, the parasailing tourist waved from the water after the plunge to signal that he was alright. He was still connected to the parachute that allowed him to float in the water. He was still being pulled by the boat, at an accelerate rate of speed, once he landed. The victim was wearing his life jacket.

A number of emergency crews responded to the incident but we’re unable to save the man. When they pulled him out of the water, he was unconscious.Officials have yet to determine what happened between the wave from the water to the time they rescued him.

According to Florida Fish and Wildlife Conservation Commission Spokesman Gary Morse, all of the statements that were taken from witnesses corresponded. There were eight people on Almost Heaven, the parasailing boat.

The boat wasn’t inspected, according to the Coast Guard. Florida Fish and Wildlife currently has the boat and is conducting an investigation.

A number of these parasailing companies along our Florida shoreline do not have up-to-date licensees or certifications. It is also reported that the operators of the parasailing equipment have little to no training in how to correctly use a parachute. A large number of them are not medically trained either. Even worse, these companies will often secure parasailers and take them through rides of windy weather, bringing riders too close to other boats, buildings and other land structures.

The council founder of Parasail Safety Council, Mark McCulloh, reports that there are about 350 parasail businesses that operate in the United States. He says that because of the lack of accurate accident statistics regarding this business, the industry can continue to promote the misconception that parasailing is safe and needs no state or federal regulations or operating standards.

“I think this is a very close-knit society of operators who are very secretive,” he said. “No one wants to take responsibility for regulating this sport. “If you research parasailing statistics, it looks like the safest sport in the world. In reality, it’s a huge industry without regulations.”
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West Palm Beach, FL 33409
Phone: 561-999-9999
Fax: 561-689-4310
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8751 W Broward Blvd #106
Plantation, FL 33324
Phone: 954-999-9999
Toll Free: 800-561-7777
Fax: 954-979-1225
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Miami, FL 33156
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Fax: 954-979-1225
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