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The National Safety Council (NSC) recently released new statistics showing the United States experienced a decrease in the number of car accident fatalities for the fourth-consecutive year in a row. The NSC found that there were approximately 34,700 motor vehicle fatalities in 2010 — a 3 percent decrease from 2009 and the lowest total since 1949.

Our West Palm Beach personal injury lawyers know the news may not be all it’s cracked up to be as the car accident fatality numbers showed an increase in the fourth quarter of last year.

Officials have observed and studied past fatality trends and found that the recession may be one of the main factors contributing to the decrease in car accident fatalities in West Palm Beach and elsewhere in the U.S.

The 3 percent decrease was recorded even when the nation’s drivers drove almost 21 billion miles more than the previous year. According to the National Highway Traffic Safety Administration, the car accident fatality rate has declined roughly 25 percent since the peak of 2005 with more than 43,500 deaths.

In addition to the recession influencing the decreased number of fatal car accidents, some officials would like to give credit to new car safety features and better driver awareness. The NSC also credits the greater visibility of law enforcement and safety laws for the reduction in fatality numbers. They believe seat belt use, distracted driving, teen and impaired driving have all influenced the decrease.

“As encouraging as it is to see fatalities decreasing on our nation’s roads, the 2010 rate of decrease is less than a third of the previous year’s decrease,” said Janet Froetscher, president and CEO of the National Safety Council. “We must remain vigilant in addressing roadway safety issues where the greatest impact can be made, such as distracted and teen driving. As miles traveled start to rise again from recession lows, we want to ensure the continuance of this downward trend.”

According to the NHTSA, Florida experienced nearly 750 fatalities from car accidents in 2008. Roughly 1,700 vehicles were involved in these Florida accidents. Although these numbers seem high, Floridians have been altogether safer on our roadways. The Sunshine State saw a 14 percent decrease in car accident fatality numbers from 2008 to 2010. Our drivers should still remain on alert as our roads are often filled with tourists, snowbirds and other drivers unfamiliar with our roadways.
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The U.S. Department of Labor’s Occupational Safety and Health Administration and the independent Occupational Safety and Health Review Commission have held Wal-Mart Stores Inc. to the full sentence and citation for inadequate crowd management.

The incident at issue was the November 2008 death of a worker who was trampled by a crowd at one of the company’s New York locations.

Our Fort Lauderdale premise liability lawyers understand that companies have an obligation to the safety and welfare of workers, customers and guests.

As we previously discussed in our South Florida Injury Lawyers Blog, it is important to contact an experienced attorney as soon as possible if you’ve been involved in an accident on business property. Often times, a business will properly repair a negligent condition after an accident, making it harder to prove their fault in the court of law. It is also important to seek experienced legal advice regardless of the extent of you injury. Falls, in particular, can lead to neck, back and joint injuries, head injuries and traumatic brain injuries, which can be difficult to diagnose in the immediate aftermath of an accident.

Under OSHA’s General Duty Clause, Wal-Mart Stores Inc. was issued a citation with a proposed fine of $7,000 for exposing workers to the recognized hazards of asphyxiation or being crushed by a crowd. That fine is the maximum penalty amount allowed under the law for a serious violation. A violation is considered serious when significant harm or death is likely to result from hazards the employer knew or should have known about.

“This is a win for both workers and consumers. It’s only fitting that today the 100th anniversary of the deadly Triangle Shirtwaist Factory fire in New York City where 146 workers lost their lives that a judge affirmed OSHA’s right to protect the safety and health of workers from clearly recognized hazards,” said Assistant Secretary of Labor for Occupational Safety and Health, Dr. David Michaels. “Today’s ruling supports OSHA’s position that, even in the absence of a specific rule or standard, employers are still legally responsible for providing a place of employment free of recognized hazards that are likely to cause serious injury or death. If not properly managed by retailers, a large crowd poses a significant threat to the lives of workers and customers.”
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Choosing the right nursing home for your loved one can prove to be a difficult task with so many factors involved. It’s important to look at costs, statistics and features. It also crucial to find a home with reliable and trustworthy staff to avoid nursing home abuse in Fort Lauderdale or elsewhere in South Florida.

Our Fort Lauderdale nursing home neglect attorneys understand the stress that accompanies putting your loved ones into a nursing home. We are equally concerned with the quality of care afforded by these mega corporations that are behind most of the nation’s nursing homes.

The National Center on Elder Abuse estimates that roughly 450,000 elderly persons in a domestic setting were reportedly abuse or neglected during a one year study.

Florida alone has more than 650 nursing homes that care for over 82,000 residents. Florida also takes rank for having the largest number of elderly residents in nursing home. Most homes are operated as for-profit businesses by large corporations — private nursing homes can cost $40,000 a year.

Nursing home abuse can be difficult to detect as many patients suffer from dementia. According to Market Watch, roughly 1.5 million of our nursing home residents suffer from the disability. For this reason, and many others, it is important to fully research your options.

“In nursing homes, dementia is the greatest risk factor [for abuse] because the perps don’t imagine that the person feels abuse of neglect so they act with impunity,” said Kay Brown, a director at the Government Accountability Office.

Market Place offers you these important tips to think about when finding the right nursing home for your loved ones:

-Visit the nursing homes you’re considering, multiple times. Make sure some of your visits are in the evening hours, when staff thins out. Observe how the workers interact with current residents.

-Figure out the costs. This is an important factor to many of us, and it is important to pick a home with the right price and the right care. Remember that costs may be higher if your loved one suffers from a health problem, like Alzheimer’s, and requires extra supervision.

-Ask around. Talk to doctors and friends about local nursing homes. They may be able to offer some insight about homes they have used with their loved ones. There may be no one else able to offer such truthful information.

-Ask questions. Don’t be shy when visiting or calling potential nursing homes. Does the home do background checks on their employees? How do they report and record incidents? Ask to see those reports. Good nursing homes should have nothing to hide.

We understand the importance of caring for your loved ones, and we encourage you not to cut any corners when finding the right nursing home for them. You should always remain an active member in their daily activities to ensure they are being treated with respect and are enjoying their time among a comfortable atmosphere.
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Two Palm Beach deputies are injured after a Ride-the-Wind tour boat collided with the Deputy’s air boat, according to The Palm Beach Post. The crash happen at approximately 1:30 p.m. in shallow, well-traveled water in the Broward County Everglades.

Our Fort Lauderdale personal injury lawyers know the dangers faced by visitors and residents alike. Whether on a private boat, a rented boat or as part of a tourist excursion, the waters off the Fort Lauderdale coast are some of the busiest in the nation.

Florida the boating capital of the nation, and therefore not surprising, also logs the most boating accidents. Inexperienced boaters pose a threat to all those traveling the coast. Drunk boating, poorly maintained boats and boater inexperience also increase the risk of a serious Florida boating accident.

After the air boat crash in the Everglades, the tour boat sank and the dozen people involved rode back to the entry of the Arthur R. Marshall Loxahatchee National Wildlife Refuge on board the sheriff’s office craft. The boat’s starboard side was reportedly damaged, according to 7News.

According to the U.S. Coast Guard, nearly 5,000 accidents, more than 70 deaths and more than 3,000 injuries, were reported in 2009. Recreational boating accidents also cost $36 million in property damage. It has also been noted that the leading cause for fatal boating accidents was the use of alcohol, contributing to roughly 16 percent of boating deaths.
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According to the Florida-Caribbean Cruise Association, approximately 13.5 million people boarded cruise ships in 2009. The Association brags about the new high-tech features of cruise ships: golf simulators, water parks, surf pools, ice-skating rinks, rock-climbing walls, etc. But all of these attractions increasing the risks of a Florida cruise ship accident.

Our West Palm Beach personal injury lawyers know that cruise ships can provide a well-deserved getaway for many families. We also understand that with the plethora of features, unfamiliar territories and traveling excitement, accidents can easily occur without the proper precautions.

Injuries are not only occur to passengers, but employees of these cruise ships are vulnerable to accidents as well. The Jones Act allows seamen to sue their employer for negligence. Prior to the passing of the Jones Act in 1920, Congress had no workers’ compensation for seamen if they were injured at sea. For many years, the injured seamen had to rely upon Maritime Law for their recovery. Duhaime.org defines maritime law as, “”…the origins and life of a ship. This includes the rights and responsibilities of those who have an interest in such a ship, whether involved in financing, securing, owning, managing, operating, provisioning and supplying, navigating, using its services or servicing it in any way, or regulating it, as well as those who are affected or injured by its operations.”

It is important to read the rights and conditions that come with your cruise ticket before boarding a cruise ship. These terms and conditions limit your time to file a lawsuit on behalf of an injured passenger. On the other hand, cruise ship owners may be able to file a lawsuit for an extended period of time, up to one year after the alleged incident. These limitations, and all others, are enforceable and permitted under United States statute.

Cruise Bruise offers these safety tips to help keep you safe on your next ocean getaway:

-Never wander the ship alone. Always explore with someone you’re traveling with.

-Never take a cruise alone. Safety always comes in numbers.

-Don’t drink in excess in public areas of the ship.

-Be careful when eating from the buffets. Disease and food related illness is commonly transmitted through the handling of food in these open food areas.

-Be careful in the ship’s decks. Wind gusts can reach hurricane force.

-Steer clear of the deck in high seas. It is also recommended to stay away from windows and large movable objects in inclement weather.
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The Miami Herald recently reported the arrest of a Fort Lauderdale man accused of causing the death of a Miami Heat dancer in a DUI accident last September.

Our drunk driving accident attorneys in Fort Lauderdale understand the pain and anguish a victim’s family endures in the wake of a fatal drunk driving accident. Too often, these crashes claim the lives of innocent victims who had the misfortune of being in the way of a driver who climbed behind the wheel after having too much to drink.

Drunk driving accidents in Miami, West Palm Beach and elsewhere in the state are a daily occurrence. In fact, Broward Palm Beach New Times reports that accidents involving drunk drivers kill and average of 3 people a day in Florida.

From 2005 to 2009, over 5,700 Florida residents died in alcohol-related motor vehicle crashes. During that same time period, Broward County averaged 70 fatalities per year in drunk driving accidents. This was second only to Miami-Dade County which averaged 80 alcohol-related deaths during that time period.

According to the Sun Sentinel, the man recently charged for the death of the dancer was alleged to have a blood alcohol content of 3 times the legal limit at the time of the crash. His blood level measured at .24 in the first blood sample taken within 90 minutes of the crash according to police. He confessed to officers that he was at the mall where he had consumed two vodka drinks, authorities report. Contradicting his story, surveillance cameras from local businesses show that he and a friend were seen getting drinks approximately 6 different times from bars at 2 mall locations. The victim, riding a Suzuki sport motorcycle was struck by a Mercedes-Benz on East Sunrise Boulevard in Fort Lauderdale. The victim was thrown more than 100 feet and was pronounced dead at the scene.

The distraught family, after finding out the man charged was released on bond the following day, wants to see justice served according to Bradenton. Believing in the system is the only hope they have to keep drunk drivers off the streets. This tragedy has changed the lives of several but sending a message to not drink and drive can prevent other families from enduring another senseless tragedy.
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The horror of seeing a tractor trailer stop suddenly in front of you while driving strikes fear in us all. Our Fort Lauderdale personal injury attorneys know the catastrophic and often fatal injuries caused when passenger vehicles are involved in a Florida trucking accident.

Underride guards are not protecting occupants in vehicles that rear end tractor-trailers, according to a report from the Insurance Institute for Highway Safety (IIHS). Often severe injuries, including death from decapitation, happen when the underride guard isn’t strong enough to withstand the impact from the vehicle.

An underride guard is the less than sturdy pieces of metal that you see hanging under the back of a tractor trailer. The purpose of the guard is to stop a vehicle from riding under the trailer.

The National Highway Traffic Safety Administration (NHTSA) reported in 2008, that more than 4,000 large trucks were involved in deadly crashes. More than 4,200 people perished in those crashes and an additional 90,000 sustained injuries.

In Florida, of the 4,227 vehicles involved in fatal crashes in 2008, 269 were large trucks. When crashes involve two vehicles, large trucks are hit in the rear 3 times more than any other vehicle. Large trucks fatally colliding into other vehicles result in deaths in the other vehicle 74 percent of the time.

The IIHS evaluated 1,000 real crashes that occurred between 2001 through 2003. Of the 1,000 crashes, there were 115 involving a vehicle rear ending a tractor trailer. Of those 115 crashes, death to the occupant occurred 28 times. Catastrophic underride happened in 23 of the 28 cases where an occupant was killed. Underride did not happen in 25 cases.

Conducting its own testing the IIHS used three trailer guards that met current U.S. compliance standards. Two of the three trailers also met the stricter standards of Canada. The current Canadian standards far exceed the U.S. standards regarding strength and energy absorption.

Only one guard passed the crash test that involved a vehicle going 35 mph and hitting the guard dead center. The passing guard, which was one that met Canadian standards, kept the vehicle from going under the truck. None of the guards prevented underride when the vehicle hit the guard off center.

“Under current certification standards, the trailer, underride guard, bolts, and welding don’t have to be tested as a whole system. That’s a big part of the problem. Some manufacturers do test guards on the trailer. We think all guards should be evaluated this way. Underride standards haven’t kept pace with improvements in passenger vehicle crashworthiness. Absent regulation, there’s little incentive for manufacturers to improve underride countermeasures, so we hope NHTSA will move quickly on our petition,” says Adrian Lund, Institute president.
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Many Florida drivers find Spring Break traffic incredibly frustrating. It’s as if the tourism season goes out with a bang every year. The aggravation of sitting in traffic or dealing with motorist who don’t know where they are going is probably mounting. Just remember, aggressive driving behaviors lead to a higher risk of car accidents in Miami, Palm Beach, and elsewhere in the state.

Our Fort Lauderdale accident attorneys want to remind motorists to keep their cool in order to survive the next few weeks without incident.

A recent article in Yahoo News reported that aggressive driving and road rage can be controlled with education and the right amount of understanding.

The article gives two recent examples of how an aggressive driver caused serious bodily harm to another after a fit of rage. The first, a man punched a small woman who was standing in a parking spot as she saved it for her boyfriend, leaving the woman in a coma. Parts of her skull have been removed in order to reduce swelling. The second incident resulted in tragedy when a woman, after cutting in front of another motorist and began tapping on her brakes, was shot in a parking lot. Both drivers had pulled into the parking lot to settle the dispute when the second driver pulled out a gun and shot the driver who had cut her off.

Studies have shown that motorist react to aggressive driving behavior instead of just letting it roll off of them. Road & Travel Magazine reports the results of a survey. They found that 34% of drivers honk their horn, 27% yell, and 19% give the finger to an aggressive driver.

Another 17% flash their headlights. There were 7% of drivers who admitted to retaliating by doing the same aggressive behavior back to the aggressor, and 2% admitted to trying to run the other driver off the road after being a victim of aggressive behavior.

As humans, we all feel we have personal space of which we are territorial. Our vehicle is just an extension of that. So when another motorist cuts us off we feel our space has been invaded and the common reaction is to retaliate. The AAA study found that the inability to separate our feelings about the aggressor, congested roadways, or failing to obey traffic laws and signs all play a role in aggressive behaviors. Our mood, feelings of drowsiness, comfort level, and stress level also play an important role when it comes to road rage.

We have all been there, especially this time of year. State Senator Mike Bennett may have one possible solution to help reduce some incidents related to road rage. According to WTSP 10 News, the Senator has proposed a bill that would require drivers to stay out of the far left lane on two or more lane streets and interstates. Though the amount of the fine has not been determined yet, any driver who remains in the far left lane, with the exception of passing, would be fined. Secondly, the bill proposes that drivers who drive too aggressively around motorist who aren’t getting out of the left lane will also be fined. There are more than 20 other states that already have a similar law in place. Senator Bennett is hopeful that the new law would reduce road rage, reduce crowding on congested interstates, and lure motorists to be more courteous to other drivers if they know they will be fined.
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In our Spring Break 2011 series we have been reporting on topics like distracted driving, alcohol-related accidents, and teen driving accidents. The fourth topic in our series is premises liability injuries, which are a serious danger for students and families who are visiting Florida for Spring Break. Owners of resorts, hotels, restaurants and night clubs have a responsibility to keep their patrons safe and free from personal injury accidents in Miami, Fort Lauderdale or elsewhere in the state.

The Fort Lauderdale personal injury attorneys at Freeman, Mallard, Sharp & Gonzalez understand the many circumstances that may result in the owner of a business or property being held liable for injuries sustained in an accident.

Due to the high volume of people vacationing during a small time frame, hotels, local businesses and restaurants may have a difficult time keeping up with safety issues. A few examples of accidents that may occur and could be considered negligent are slip and falls, pool injuries, elevator or escalator injuries, blockage of the fire escape, or balcony collapse.

These types of accidents can often lead to broken bones, spinal cord injuries or head trauma. Owners and managers have an obligation to maintain all areas of their property, as well as any rental equipment, in order to keep serious injuries or fatalities from happening.

The following are safety tips for patrons to use to avoid personal injury on Spring Break:

-When checking into the hotel, take note of all emergency exits and stairwells so you know their proximity in location to your room, pool, restaurant, or areas most occupied.

-When dining at local establishments, stay away from areas that are freshly mopped or under construction.

-Alert property management if maintenance issues are detected on escalators and elevators. Take the steps when possible to avoid entrapment.

-If the hotel pool or local beach is overly crowded, pick a less populated area. If this isn’t possible, come back at a later time.

-When renting equipment, make sure someone on staff checks the equipment and properly trains anyone intending to use the equipment.

It is recommended that hotels, local businesses and night clubs keep their properties safe by providing the following safety to patrons:

-Enhance security by placing several guards throughout the property during the weeks of Spring Break from March to mid-April.

-Maintain all areas of your property. Place signage for any areas under construction or maintenance, or being cleaned (bathrooms and lobbies).

-Rental equipment should be maintained and functioning properly with routine safety checks.

-Have one or more lifeguards on duty during peak times.

-Never serve alcohol to underage teens.
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Whether you are spending the week in Florida for Spring Break or just making it a long 3-day weekend, motorists are reminded to celebrate responsibly. As we conclude our Spring Break 2011 series of related topics on teen drivers, distracted driving and drunk driving, we want to remind motorists to have fun and to stay safe.

Our Fort Lauderdale accident attorneys know that St. Patrick’s Day is mostly celebrated with green beer and pinches for those failing to wear green but coupled with the start of March Madness and Spring Break, it also signals the start of the busiest stretch of the year on South Florida roads and beaches.

St. Patrick’s Day, regarded as a public holiday, is celebrated on March 17th internationally. Here are a few interesting tidbits about the holiday itself:
-Originated as a Roman Catholic holiday and became an official feast day in the 17th century. Today, we know it as a celebration of the Irish culture.

-Saint Patrick was the patron saint of Ireland.

-Shamrock was a teaching method he used to explain Christian doctrine.

-The original color linked to St. Patrick was blue but over time evolved to green.

-Considered a celebratory day from the beginning, Saint Patrick’s feast day was celebrated as early as the ninth and tenth centuries.

-Tallahassee has been hosting an annual St. Patrick’s Day event since 1999. In 2010, the city hosted the first annual St. Patrick’s Day parade and Downtown Get Down.

Special events and holidays like March Madness and St. Patty’s day often lead to a lot of binge drinking by young adults. This year they both happen to fall during Spring Break.

The Centers for Disease Control and Prevention defines binge drinking as a period of drinking that brings an individual’s blood alcohol concentration level (BAC) to .08 or above. Typically it takes males 5 drinks in 2 hours to get to that level and females need to consume 4 drinks in the same amount of time. Binge drinking is common in college age students up to age 26.

In an effort to prevent drunk driving, Florida Highway Safety and Motor Vehicles offers the following safety tips:

-Young adults on medicine should read the warning labels on prescription medicine bottles before consuming alcohol. Certain side effects can inhibit your ability to drive even if consuming only one alcoholic beverage.

-If you are out with friends, take the keys of the driver if they begin to consume alcohol.

-Designate a driver before you leave. If no driver is designated and everyone is drinking call a taxi or take public transportation to get everyone in the group home safely.

-If you suspect someone driving under the influence call *347 on your cell phone to report the driver.

Young adults need to know their limit for alcohol consumption. Binge drinking can lead to serious injury or even fatality not only in car accidents but in other personal injury accidents like drowning or acts of violence. Be responsible and in control at all times in order to avoid these kinds of accidents.
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Contact Information
WEST PALM BEACH
5 Harvard Cir #110
West Palm Beach, FL 33409
Phone: 561-999-9999
Fax: 561-689-4310
PLANTATION
8751 W Broward Blvd #106
Plantation, FL 33324
Phone: 954-999-9999
Toll Free: 800-561-7777
Fax: 954-979-1225
MIAMI
7685 SW 104th St #200
Miami, FL 33156
Phone: 786-517-9774
Toll Free: 800-561-7777
Fax: 954-979-1225
ORLANDO
258 Southhall Ln #140
Maitland, FL 32751
Phone: 407-999-9999
Fax: 407-956-3820

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