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The drunk driving manslaughter trial of former Yankee star Jim Leyritz — which ended last week in a not-guilty verdict in a Broward County courtroom — illustrates the difference between criminal and civil liability.

A victim may seek damages for injuries stemming from a drunk driving accident in Fort Lauderdale, regardless of whether the defendant is ever convicted of a crime. In this case, a wrongful death settlement was reached for the $250,000 policy limits and Leyritz has agreed to pay the widow and the couple’s son $1,000 a month for 100 months beginning next year.

Leyritz, a former pro baseball player, was acquitted this week of DUI manslaughter charges, which could have sent him to prison for 15 years. He was found guilty of first-offense DUI, which carries a maximum penalty of 6 months in jail. This case is an important reminder that a driver does not have to be found criminally negligent to be held civilly responsible.

In fact, an at-fault driver does not have to be identified at all. In cases where a hit-and-run accident causes injury, or when an at-fault driver is an uninsured or underinsured motorist, an experienced attorney may be able to help you collect damages from your own insurance carrier.

The 46-year-old was accused of running a red light while out celebrating his 44th birthday with friends. The accident, which occurred three days after Christmas 2007, killed the 30-year-old mother as she was on her way home from her job as a bartender.

Nor did the alleged negligence of the victim in this case prevent her family from reaching a wrongful death settlement. Defense lawyers argued she was drunker than Leyritz, may have been speeding and was receiving text messages and phone calls in the moments before the accident.

Those seriously injured in a traffic accident should always consult a Fort Lauderdale injury lawyer to discuss their rights. Too often, a victim fails to take the steps necessary to protect his or her rights in the wake of a serious or fatal accident.
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Employers and business owners have an obligation to protect the health and safety of employees and guests as Black Friday kicks off the start of the holiday shopping season.

Our Fort Port St. Lucie injury attorneys understand there are many causes of injury during the hectic holiday shopping season, including workers’ compensation claims, slip and fall accidents and premise liability claims in Fort Lauderdale and throughout South Florida.

In fact, the Occupational Safety & Health Administration has issued a warning to the nation’s largest retailers, reminding them that they are responsible for the safety of employees during sales events meant to draw large crowds for Black Friday. An employee was trampled to death at such an event in 2008.

Among the safety tips the government provides:

-Use trained security or crowd-management personnel.

-Have a detailed staffing plan and ensure workers are properly trained.

-Contact local safety officials to make sure events properly comply with requirements.

-Use signs and other crowd control measures.

-Have an emergency plan.

Business owners and managers are equally responsible for the safety of guests. Injuries to guests during the holiday shopping season may include:

-Elevator or escalator accidents

-Parking lot injuries

-Slip, trip and fall accidents

-Assault or negligent security injuries

-Merchandise falling from high shelves

-Injuries caused by large crowds

-Accidents or injuries caused by inadequate lighting

When you or a loved one has been injured on business property, it is important to contact an experienced law firm as soon as possible after the accident. Frequently, a business or property owner will take steps to repair a negligent condition following an accident. And the extent of your injuries should not be the determining factor in whether or not you seek experienced legal advice. Too often, serious injuries, including head injuries, traumatic brain injuries, spinal cord injuries, or neck, back and joint injuries, do not appear serious at the time of the accident.

By the time the full extent of your injuries are determined weeks or months later, it can be much more difficult to make a proper claim for injuries and to conduct a thorough investigation.
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The Florida Department of Highway Safety and Motor Vehicles is urging motorists to buckle up through the Thanksgiving holiday in an effort to reduce the risk of Port St. Lucie car accidents and traffic accidents elsewhere in South Florida.

This week and through the weekend, troopers from the Florida Highway Patrol will join law enforcement throughout the state in the “Click it or Ticket” campaign, aimed at unbelted motorists and their passengers.

“Our message is simple. If you fail to buckle up, then expect a ticket,” said Major Timothy Ashley, commander of FHP’s Troop H. “The hard working men and women of the Florida Highway Patrol will be diligent in enforcing our safety belt law. Our state troopers are committed to making a difference through education and enforcement.”

Florida law requires all front-seat passengers to use seat belts. Occupants under the age of 18 are required to buckle up regardless of where they sit in a vehicle. Violations will result in a $30 fine plus court costs.

Seat belt usage reached record highs this year, at 87.4 percent. However, males were more likely to be unbuckled than females, and passengers remain less likely than drivers to use seat belts.

Last year, the state reported 2,563 traffic fatalities, down nearly 14 percent from 2008. However, only California and Texas report more traffic deaths each year than Florida.

“While multiple factors influence the numbers, the declining trends are a testament to the emphasis that law enforcement agencies, safety advocates and businesses have placed on saving lives on our roadways,” said DHSMV Executive Director Julie Jones. “DHSMV will continue to work with our safety partners to add to the momentum we have gained in recent years so that we continue to see crashes, deaths and injuries decline in years to come.”
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Heavy traffic through the holiday weekend has the Florida Highway Patrol promising increased enforcement in an effort to reduce the risk of serious and fatal Fort Lauderdale car accidents and traffic accidents elsewhere in South Florida.

“The Florida Highway Patrol is committed to making Florida’s highways safe, and we plan to do that by bolstering our forces to reduce the number and severity of crashes,” said FHP Director, Colonel John Czernis. “During this hectic time, it is easy to lose your temper while driving as evidenced by recent incidents of road rage. Our troopers are prepared to take immediate action to stop others from placing innocent lives at risk, whether the weapon is a gun or a vehicle.”

The Miami Herald reports roads will be foggy in some areas and all available troopers — including administrative staff, Reserve and Auxiliary units, and volunteers — will be on the roads.

Violators targeted for enforcement will include impaired drivers, speeders, aggressive drivers and drivers who are not using seat belts or appropriate child-restraint devices.

“The last thing we want to do is knock on a somebody’s door and tell them someone’s not coming home,” FHP spokeswoman Sgt. Kim Montes told the Sun-Sentinel. “We’ve seen our fatalities decline over the last couple of Thanksgivings and we want to see the same this year.”

Thirty-six motorists were killed in Florida accidents over last year’s Thanksgiving Holiday, making Florida one of the deadliest states in the nation. This year, AAA is calling for an 11 percent increase in traffic, with more than 42 million motorists traveling at least 50 miles from home.

Our Fort Lauderdale Injury Lawyers urge motorists to practice safe driving habits so that everyone may safely enjoy the holiday weekend.

Safe Florida Driving Tips Include:

-Get plenty of rest and allow plenty of time to reach your destination.

-Obey speed limits

-Don’t Drink and Drive

-Don’t drive aggressively, including tailgating, weaving in and out of traffic and not using signals

-Wear your seat belt

-Eliminate distractions

-Make sure your vehicle is properly serviced, including tires that are properly inflated and in good condition
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More than 300 Broward County public schools faced an afternoon-long lockdown on Wednesday after the wife of a disgruntled resident called a local radio station and said her husband planned to shoot randomly at students and teachers, the Miami Herald reports.

Broward County Public Schools is the sixth largest school system in the country and services more than 257,000 students. Our Fort Lauderdale personal injury lawyers understand that for parents and families few things are more frightening than learning their child may be at risk – not of academic failure – but of exposure to an act of random violence simply by being at school.

The lockdown began shortly after 10:30 a.m., quickly spread countywide, and ran through the end of the school day. Adult education and after-school programs were also canceled for the day. Schools in Broward and Miami-Dade Counties were closed Thursday in observance of Veterans Day, but classes resumed on Friday as normal.

The Centers for Disease Control estimates that about 55.5 million students attend K-12 programs and another 15 million students are enrolled at college-level institutions across the U.S. While our nation’s schools are considered safe, almost 40 percent of public schools reported at least one act of violence on campus to police in 2006 and nearly a quarter of students say gangs are active on campus.

One in 10 teachers in urban districts admit to having been threatened by a student, while more than 12 percent of students have engaged in a physical fight on campus. Between 6 and 8 percent of students have either brought a weapon to school or been threatened with a weapon on school property. On average in 2006, there were 29 acts of violent crime – rape, robbery and sexual or aggravated assault – per 1,000 students.

While the homicide and suicide rate for school-age children represent less than one percent of all violent deaths faced by this age group, 116 students were killed in 109 incidents during the last seven years. In fact, since 1996, U.S. school districts have reported 44 separate incidents of school shootings. During the same time frame, 14 school-shooting incidents were reported internationally, the Family Education Network reports.

With all that said, school officials and administrators have an obligation to their employees and students to provide a safe learning environment. Aside from teaching, campus staff should be focuses on ensuring protection of students and staff from potential acts of violence. When a student is injured at school, whether on a school bus, in a sporting accident or through assault or other acts of violence or accident, a family can and should seek legal representation and compensation for injuries and loss.
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A 49-year-old golf pro shop employee was severely beaten on Monday after he recognized a Rolling Hills Golf Club member behaving oddly outside the closed shop and opened the door to assist him, the Ledger reports. A Seminole County sheriff’s arrest report reveals that the victim sustained a broken nose, blood on the brain, an eye injury and various cuts after being assaulted with a pair of scissors and a golf club. The alleged perpetrator is being held without bail and faces charges of attempted first-degree murder and a host of other charges ranging from burglary to aggravated battery.

Our Hollywood, Florida personal injury attorneys know that incidents of workplace homicide have steadily declined since reaching an all-time national high in 1994 when 1,080 work-related homicides were reported. In 2009, workplace homicides reached an national low of 521.

Florida has seen a similar and ongoing downward trend in both fatal work-related injuries and workplace homicides since the Bureau of Labor Statistics began recording data in 1992. In Florida alone, the number of workplace fatalities dropped from 291 to 243 between 2008 and 2009 and the number of work-related homicides dropped from 41 in 2008 to 30 in 2009.

Nine out of 10 workplace fatalities (243) were men, while just 23 women were killed on the job. Of those, 7 were killed by a violent act or assault. More than half the victims were white and 65 percent were between the age of 25 and 54 at their time of death.

In Florida, workplace homicides reached a peak in 1994 with 78 murders. Since 1992, 933 Florida workers have been murdered while on the job, averaging about 50 homicide-related workplace deaths per year. Homicides are the second leading cause of death in the workplace and represent 12 percent of all work-related fatalities in both Florida and the U.S.

Business owners have an obligation to their patrons and employees to provide a safe work environment free of hazards – including protecting staff from potential acts of violence. Employing a security officer or establishing safety check protocols and equipment – like video cameras – can help protect staff as well as guests from assault. Negligent security, premise liability, personal injury or wrongful death claims may all arise from an act of violence in the workplace. An employee may also be entitled to Florida workers’ compensation benefits.
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A 21-year-old Naples woman saw her $1.75 million verdict reduced to zero earlier this month after a jury failed to find the manufacturer of the 2006 Sea-Doo watercraft negligent in design of their product, the Naples Daily News reports.

She was injured during a Memorial Day ride three years ago. It was the first time she’d ridden a personal watercraft.

She sustained extensive internal injuries caused when water shot inside her from the jet thrusts after she slipped and fell from the vessel. Recovery took several months and required her to temporarily wear a colostomy bag. According to the Naples Daily News, 17 other women have been similarly injured and filed claims against several manufacturers, but her attorney was barred from sharing that information with the jury.

Florida is home for many boating and personal watercraft enthusiasts, and recreational and commercial fisherman. Sea- and shore-side activities are a major tourism draw. As the holiday season quickly approaches, beachside hotels, motels and rental properties all over South Florida will be filling up with seasonal visitors escaping the cold and longing for time in the sun.

Our Fort Lauderdale boating accident lawyers know that whether a local resident or a holiday-season guest, the use of personal watercraft such as jet skis and parasailing will draw experienced and inexperienced users alike. And that it is as much the owner’s responsibility as it is the rental agents to properly instruct operators and passengers and provide a safe riding experience.

Since 2003, 760 people have sustained personal watercraft injuries in Florida, the Florida Fish & Wildlife Conservation Commission reports. The most common type of accident involves striking another vessel or a stationary object and falls on or from the rig. Speeding, operator inexperience and inattention are the most common causes for personal watercraft accidents. According to FWC, 62 percent of all boating and watercraft accidents happen in just 10 counties – Monroe, Miami-Dade, Palm Beach, Pinellas and Broward Counties top that list.

Of those injured or involved in a personal watercraft accident, nearly 70 percent are using borrowed or rented equipment. The most common injuries sustained are broken bones, lacerations, contusion, head injuries and internal injuries. To avoid injury, taking a boater safety course and reading the owner’s manual, operator instructions and safety warnings before riding any type of personal watercraft is strongly recommended.
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A senior citizen was injured in a Port St. Lucie bicycle accident this week, a reminder that with the return of tourists and winter residents it will be more important to watch for bicyclists, pedestrians and older motorists on the road.

The Treasure Coast Palm reported the cyclist was struck at the intersection of Cashmere Boulevard and St. Lucie West Boulevard. The crash happened Thursday about 2:30 pm., according to St. Lucie County Fire Rescue. The man was transported by medical helicopter to a local trauma center.

Florida was the most dangerous state in the nation for bicycle accidents in 2008, according to the National Highway Traffic Safety Administration. A total of 125 riders were killed that year.

Nationwide, 716 cyclists were killed and 52,000 were injured. As the popularity of cycling has increased for recreation and fitness, so too has the age of those most likely to be involved in an accident.

While those ages 45 to 54 are most likely to be killed — with 180 fatal accidents in 2008 — those ages 55 to 64 suffered 112 fatal accidents. And 67 riders over retirement age were killed in bicycle accidents in 2008.

For more information on cycling safety, visit the Florida Bicycle Association.
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The risk of pedestrian accidents in Fort Lauderdale, West Palm Beach and throughout South Florida will increase as daylight savings time ends, according to the National Highway Traffic Safety Administration.

Florida is among the most dangerous states in the nation when it comes to pedestrian accidents and our Port St. Lucie injury lawyers urge you to use extra caution as it grows darker earlier and the traffic grows heavier with the upcoming holidays and tourist season. Florida pedestrian accidents claimed 490 lives in 2008. Only California reported more pedestrian deaths.

Nationwide, 4,378 pedestrians were killed and more than 69,000 were injured that year. On average, a pedestrian is killed in a traffic accident every two hours and one is injured in a traffic crash every 8 minutes.

Last year, 25 percent of pedestrian deaths happened between 4 p.m. and 8 p.m., while another 13 percent happened in the hours around sunrise. With daylight savings time, comes earlier dark and the need for drivers to adjust to the low-light environment during their evening commute.

Pedestrians are also encouraged to carry a flashlight or wear reflective gear to ensure the greatest visibility.

Other safety tips include:

MOTORISTS

-Slow down. Evening requires additional time to see pedestrians.

-Keep in mind pedestrians wearing hats, earmuffs or headphones may not hear your approach.

-Keep windows and mirrors clean and windshield fluid filled. Make sure windshield wipers and defrosters are working properly.

PEDESTRIANS

-Carry a flashlight or wear reflective material.

-Don’t count on traffic signals to protect you from being struck by a vehicle.

-Avoid jaywalking or crossing streets between parked cars.

-Use sidewalks whenever possible.

-Walk facing traffic.
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A Palm Beach work accident sent a man to the hospital after he fell 30 feet inside a water tank, the Palm Beach Post reported.

Fall Accidents at work are one of the leading causes of employee injuries nationwide, according to the Bureau of Labor Statistics.

Palm Beach County Fire-Rescue said the man was working at the county’s water plant on Pinehurst Drive, just west of Jog Road. Details of his injuries were not available but he was reportedly transported to the hospital with broken bones.

Employers have an obligation to provide harnesses and other necessary safety gear for employees who are working at height. A worker who is injured on the job is entitled to Florida workers’ compensation benefits, regardless of who was at fault. Such benefits are designed to pay for medical expenses, lost wages and other costs associated with a work accident. In other cases, where a personal injury or wrongful death is caused by the negligence of a third party, such as a subcontractor or property owner, a lawsuit may be filed seeking additional compensation.

In still other cases, a defective product lawsuit may be filed if dangerous or defective equipment contributed to a serious or fatal accident while on the job.

In 2009, the government reports 579 employees were killed in fall accidents. The overall number of serious and fatal work accidents has declined along with the struggling economy. Fall accidents killed 814 employees in 2007.
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Contact Information
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5 Harvard Cir #110
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
Phone: 786-517-9774
Toll Free: 800-561-7777
Fax: 954-979-1225
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258 Southhall Ln #140
Maitland, FL 32751
Phone: 407-999-9999
Fax: 407-956-3820

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