South Florida Injury Lawyer Blog

The Fort Myers News-Press has published a detailed report on drunk driving, as authorities continue to battle a primary cause of South Florida traffic accidents.

State statistics show a high number of DUI arrests in Miami-Dade, Broward, Palm Beach and Lee counties. Statewide, more than 175 DUI arrests are made each day in Florida, and still drunk driving is responsible for nearly half of all Florida traffic fatalities.

Drunk driving accidents are a leading cause of traffic accidents in Florida and across the nation. Victims of South Florida drunk driving accidents should contact an experienced injury attorney right away to discuss their rights. Alcohol was involved in 611 crashes in Lee County last year, leading to 21 fatalities, according to the Florida Highway Patrol. An average of more than 22,000 alcohol-related crashes are reported in Florida each year, causing more than 1,100 deaths.

In 2009, the state reported 2,570 traffic fatalities, meaning alcohol-related traffic fatalities account for nearly half of all fatal crashes in Florida.

-Nearly 10,000 Lee County motorists have been arrested at least twice for drunk driving.

-Almost 400 motorists were charged with their second DUI offense in Lee County in 2009.

-In 2009, two dozen were arrested for drunk or impaired driving twice within the same week.

-Two Lee County motorists were charged last year with their 10th DUI.

The numbers concern safety advocates but the emphasis on treatment over jail time is unlikely to change anytime soon -- treatment is less expensive and creating more jail space is unlikely to gain support because of budgetary considerations. Yet a study of 353 DUI defendants by The Century Council, a non-profit, anti-drunk-driving organization, found 80 percent of defendants said more severe sanctions for a first DUI conviction would have prevented a second arrest or conviction.

Florida lawmakers have attempted to combat the problem by raising fines, making probation mandatory, and lowering the requirements for ignition-interlock devices. The devices require a sober driver to complete a breath test before a vehicle will start. The threshold has been lowered from .20 to .15 for drivers convicted of a first-offense DUI. They are required for all drivers convicted of subsequent DUI offenses.

Yet, the number of Florida motorists charged with drunk driving continues to rise, from 64,410 in 2007 to 64,654 in 2008. By South Florida County:

Broward: 5,522
Charlotte: 662
Collier: 1,621
Miami-Dade: 4,886
Palm Beach: 3,072
Lee County: 2,936

Continue reading "Drunk driving a leading cause of fatal South Florida traffic accidents" »

A 54-year-old man was killed in a West Palm Beach car accident that critically injured his 14-year-old daughter, the Palm Beach Post reported.

Witnesses said at least one vehicle fled the scene and may have been street racing, leading to the serious injury and death of innocent motorists traveling through the intersection.

The multiple-vehicle accident occurred at about 4 p.m. Thursday at Melaleuca Lane and Jog Road. Two other drivers were also hospitalized. An 18-year-old Lake Worth resident was taken to JFK Medical Center with serious injuries, while a 51-year-old West Palm Beach woman was transported to Wellington Regional Medical Center.

The intersection was shut down for several hours.

An unknown vehicle reportedly turned left in front of a gray Mitsubishi, causing it to lose control and cross the median, where it struck a Ford Expedition carrying the father and daughter, before crashing into a Toyota, police reported.

It was the second deadly West Palm Beach accident to occur in recent days, in which a speeding vehicle may have been a factor. On April 9, a 19-year-old crashed his Ford Mustang into a utility pole in front of the West Palm Beach Country Club. The accident broke the neck of a 21-year-old passenger, who was ejected from the rear seat. A 16-year-old girl in the front seat was killed. Friends at the scene reported the car's speedometer registered 110 mph.

The Palm Beach Post reported that a 2007 court ruling could allow prosecutors to pursue criminal charges based on the speed of a crash, even if no other aggravating factors are present.

As South Florida enters the height of prom season, Car Accident Attorney Gregg Hollander and the staff at the Hollander Law Firm encourage parents to have a serious discussion with their teens about safe driving.

Drug Free Youth in Town, a non-profit substance abuse prevention program, is pushing its message on YouTube, giving teens the opportunity to create a 60- to 90-second message about the dangers of underage drinking, according to the Miami Herald.

An estimated 1,900 teens die each year in drunk-driving related traffic deaths; alcohol is involved in nearly half of all teens killed in crashes during prom season.

As we reported earlier this month on our South Florida Injury Lawyer blog, traffic accidents are the leading cause of death among teenagers 15 to 20 years of age. The National Highway Traffic Safety Administration reports that 5,864 teenagers died in accidents in 2008. In Florida, 516 teens were killed, accounting for 1 in 10 teen driving deaths nationwide.

Florida's Drive with Care program, offered by the Florida Department of Highway Safety and Motor Vehicles, offers families safe driving information that can be shared with teenagers.

Tips for Teens:

-Always make sure everyone in your vehicle wears a seat belt; never ride with more passengers than a vehicle has seat belts.

-Don't speed. Speeding provides less time to react and is one of the primary causes of teenage accidents.

-Obey red lights.

-Make changes to your seat, mirrors and other equipment before starting your car.

-Avoid driver distraction, including cell phones, text messages, conversations with passengers, eating, adjusting the stereo and rubber-necking.

-Keep your eyes scanning the roadway at all times and keep an escape route open in case of trouble ahead. Check mirrors every few seconds and be aware of your surroundings.

-Use turn signals and give vehicles behind you plenty of time to anticipate your actions. Make sure signals have turned off after completing a turn.

-Make sure an intersection is clear before proceeding after a light turns green or upon approaching an intersection with a green light.

-Keeping a clean car and a clean windshield is not only good maintenance and a good habit, it can help avoid a car accident. A clean windshield will reduce sun glare and a clean vehicle interior can help reduce distraction.

-Keep plenty of gas in the tank.

-Don't follow vehicles too closely.

-Make eye contact with other drivers and pedestrians, to ensure they see you.

-Be mindful of road conditions. Weather can significantly impact how a vehicle handles.

-Keep your car in good repair. Good brakes, good tires, lights and wipers, are all important for safety.

-Don't drink and drive and do not ride with an impaired driver. Call parents or friends for a ride home.

Continue reading "Car accidents a danger during Florida prom season" »

The Associated Press office in Miami reports that U.S. automobile insurance companies are gearing up to recoup money paid in claims involving defective Toyota automobiles.

As we reported earlier this month on our South Florida Injury Lawyer blog, the government is seeking more than $16 million in fines against Toyota for failing to warn consumers of its "sticky pedal" defect in a timely fashion. Toyota has been forced to recall millions of vehicles this year for a variety of defects and the problems continued last week when its GX 460 SUV, part of the company's flagship Lexus luxury line, was slapped with a "Don't Buy" rating by Consumer Reports.

A South Florida injury attorney experienced in handling cases involving vehicle defects should be consulted anytime a motorist is concerned that a defective vehicle may have contributed to a serious or fatal accident.

At least six major insurers, including State Farm, Allstate and Geico, have started examining claims and will seek reimbursement from Toyota through a process known as subrogation. Motorists may also be entitled to reimbursement of insurance deductibles.

Motorists and insurers may be forced to prove the accident was caused by a vehicle's defect and not other factors, which could require a great deal of time and case-by-case review, according to a spokesperson for the Insurance Information Institute.

At least 52 deaths have been linked to the sudden acceleration of Toyotas in the United States, according to the National Highway Traffic Safety Administration.

More than 100 personal injury and wrongful death lawsuits have been filed against Toyota. Those claims are being consolidated by a federal judge in California, along with about 130 lawsuits filed by Toyota owners who claim to be financially harmed by plummeting resale values.

Continue reading "Insurers to seek repayment from Toyota; South Florida car accident victims may seek reimbursement" »

A 65-year-old man was badly hurt in a Fort Lauderdale bicycle accident after being struck by a police vehicle on Saturday night at East Las Olas Boulevard and Isle of Venice, the Miami Herald reported.

Las Olas Boulevard has been a particularly dangerous area for bicycle and pedestrian accidents this spring. The SunSentinel reported that police have placed electronic signs on Las Olas, warning drivers to watch for pedestrians after two people were killed in the last month.

Elsewhere in Fort Lauderdale over the weekend:

-A 42-year-old man died from injuries sustained in a Fort Lauderdale pedestrian accident on Saturday night. He was struck by a Honda on Saturday as he crossed the street in the 1400 block of West Sunrise Boulevard about 8:30 p.m.

The 17-year-old driver fled the scene and was located by authorities a short time later, according to the Orlando Sentinel.

- A Canadian tourist was critically injured on Sunday night on Harbor Drive in Fort Lauderdale after being struck by a 26-year-old Davie man driving a Honda Civic, the SunSentinel reported.

Florida is the most dangerous state in the nation for bicycle accidents, according to the National Highway Traffic Safety Administration, which reported that 125 of the nation's 716 bicycle accidents occurred in Florida during 2008.

Only California reports more fatal pedestrian accidents than Florida. In 2008, a total of 490 fatal pedestrian accidents occurred in Florida. Nationwide, 4,378 were reported.

With Memorial Day right around the corner, South Florida is gearing up for the height of boating season. Florida is the boating capital of the nation with more than 974,000 registered boats, and nearly 15 percent of the country's boating accidents occur here each year.

Florida led the nation in boating accidents in 2008; a total of 616 Florida boating accidents killed 55 people and injured 271, according to the United States Coast Guard. Nationwide, 709 people were killed and more than 3,300 injured in 4,789 reported boating accidents.

According to the Florida Fish and Wildlife Conservation Commission, the vast majority of fatal boating accidents occur in South Florida. The counties with the most boating accidents are Monroe, Miami-Dade, Pinellas, Palm Beach, Broward, Collier, Bay, Brevard, Lee and Duval.

The primary causes of boating accidents nationwide were collision with another vessel (1,237), flooding (475), collision with a fixed object (446), falling overboard (431) and skiing mishaps (383). Accidents peak during the summer months, with May, June, July and August accounting for the majority of serious and fatal boating accidents.

Major contributors to boating accidents include:
-Drowning is the cause of death in more than two-thirds of all boating accidents.

-Only 1 in 10 boating deaths occur on a boat where the operator has received boating safety instruction.

-The top five human factors leading to boating accidents are careless/reckless operation, operator inattention, failure to use a proper lookout, boating inexperience and passenger/skier behavior.

-Alcohol was involved in 17 percent of all boating deaths.

The Florida Fish and Wildlife Conservation Commission provides comprehensive boating safety information, regulations and course offerings. We encourage anyone planning to enjoy the waters this summer to take a boater safety education course and to do your part to help keep the South Florida coast safe and enjoyable for everyone.

Continue reading "Safety awareness can help prevent South Florida boating accidents" »

A government agency called for "urgent attention" regarding the growing problem of hospital infections, saying an estimated 100,000 people a year are dying often needless deaths in the nation's hospitals.

Hospital infections are often preventable and may be the result of unsanitary conditions, improper surgical procedures or other negligence on the part of a doctor or hospital. A South Florida medical malpractice attorney should be consulted anytime a patient is seriously injured or killed as a result of a hospital infection.

The Agency for Healthcare Research and Quality reported that Postoperative sepsis, or bloodstream infections, increased by 8 percent, while post-op catheter-related urinary tract infections increased by 3.6 percent.

The New York Times reported that a number of programs have proven successful in preventing such infections simply by practicing proper hygiene, proper disinfection of patients, sterile handling of equipment and the correct use of antibiotics.

The agency found instances of hospital pneumonia decreased by 12 percent. However, as we reported earlier this month on South Florida Injury Lawyer blog, both sepsis and hospital pneumonia are leading causes of lengthy hospital stays, high medical bills and patient death.

Twenty percent of hospital patients who contract sepsis die as a result of their injuries. Those who survive spend an average of 11 extra days in the hospital at a per-patient cost of more than $32,000. For those who contract hospital pneumonia, 1 in 10 will die and survivors will spend two additional weeks in the hospital at an average cost of more than $46,000.

Under new federal laws, hospitals with high rates of infection can face government penalties. However those laws are not scheduled to take effect until 2015.

Continue reading "Government calls for urgency in dealing with growing problem of hospital infections" »

Police continue to investigate a horrific Cape Coral traffic accident that killed an employee on the back of a garbage truck, the Fort Myers News-Press reported.

Many people do not associate fatal South Florida work accidents with traffic accidents. However, nearly half of all work-related fatalities are the result of a motor vehicle accident, according to the Bureau of Labor Statistics. In 2008, traffic accidents killed 2,053 of the 5,071 employees who died in work accidents in the United States. In Florida, 107 of the 290 work-related fatalities were the result of a traffic accident.

In this case, a 52-year-old temporary employee for Waste Management died on Monday morning after a pickup truck slammed into the back of a garbage truck, where he was standing.

Detectives continue to investigate and will not say whether they believe drugs or alcohol were involved; charges could hinge on the outcome of a blood test.

The crash occurred on Skyline Boulevard in Cape Coral, where the victim and another employee were emptying garbage cans. The truck had its flashing safety lights on and both men were wearing safety vests. The impact of the crash shoved the victim beneath the garbage truck.

He was flown to Lee Memorial Hospital, where he was pronounced dead. He had worked for Waste Management for several years through an employment service, Labor Finders.

A total of 31 workers in the garbage collection industry died in the United States in 2008, according to the National Solid Waste Management Association, a rate 10 times higher than the national average.

Florida's underfunded and understaffed nursing home system is being targeted for further funding cuts as lawmakers work to balance the state budget, Sunshine News reported.

Understaffed nursing homes and inadequately trained and poorly paid staff are primary causes of South Florida nursing home neglect and abuse cases. Yet lawmakers are looking at ways to change the number of hours of mandatory care provided by certified nursing assistants. Instead, proposing legislation that would have registered nurses assume responsibility for the care.

Supporters, including nursing home lobbyists, argue it will improve care by having skilled nurses assume more responsibility for resident care. However, opponents argue registered nurses have a lot to do already and would not have the time to provide the hands-on assistance many residents require.

The current law was set in 2001 as part of a deal involving lawsuit rules struck between resident advocates and consumer groups on one side and the industry on the other. As part of the compromise, lawsuit damages were limited and staffing requirements were increased so that by 2007 CNA's were required to spend an average of 2.9 hours per day with patients.

CNAs typically do routine hands-on care in homes, such as turning and bathing patients. The proposed rule would permit a reduction to 2.7 hours per day and allow registered nurses to make up the difference.

Of course, there has been no mention of renegotiating a patient's ability to collect additional damages in a neglect or abuse lawsuit despite the apparent intent to rewrite the original agreement in favor of nursing home operators -- and at the expense of patient care.

The Senate is proposing $200 million in cuts to nursing home reimbursement this year, while the House has proposed a reduction of $133 million.

Residents in Florida nursing homes have rights under the law, which you can review by clicking here.

The Florida Agency for Health Care Administration provides comprehensive nursing home resources for South Florida residents, including Florida nursing home guides by region and county as well as a watch list of nursing homes with known problems.

Continue reading "Budget cuts would increase risk of South Florida nursing home neglect and abuse" »

The federal government announced Monday that Toyota will face the largest civil penalty every imposed on a vehicle manufacturer following a series of recalls involving vehicle defects.

Motorists often do not consider the possibility of a defective vehicle contributing to South Florida car accidents. But statistics continue to show that car makers are among the worst offenders when it comes to marketing dangerous or defective products to consumers. A defect, such as faulty brakes or a defective gas pedal, may cause the accident. In other cases, where an airbag or seat belt fails to function properly, a defect may increase the risk of serious injury.

The National Highway Traffic Safety Administration will seek a $16.375 million fine against Toyota for failing to notify the agency of the dangerous "sticky pedal" defect for at least four months, despite knowing of the risk to consumers. About 2.3 million Toyota vehicles were recalled in January because of sticking gas pedals.

The fine would be the largest ever levied against an auto manufacturer, and the largest the cited violations would permit under current law.

Auto manufacturers are legally required to notify NHTSA within 5 business days if they determine a safety defect exists. However, the government determined through documents that Toyota knew of the defects since at least September 2009 when the company issued repair procedures to 31 European countries and Canada.

"We now have proof that Toyota failed to live up to its legal obligations," Transportation Secretary Ray LaHood said. "Worse yet, they knowingly hid a dangerous defect for months from U.S. officials and did not take action to protect millions of drivers and their families."

The announced fine is in connection with the "sticky pedal" recall; the government continues to investigate Toyota to determine if there are additional violations that warrant further penalties.

"Safety is our top priority and we will vigorously pursue companies that put consumers at risk," said NHTSA Administrator David Strickland. "We will continue to hold Toyota accountable for any additional violations we find in our ongoing investigation."

Toyota has issued a number of recalls in recent months, including:
-3.8 million vehicles in September 2009 because of a floor mat issue that could cause the accelerator to get stuck.
-The January 2010 recall for sticking gas pedals, involving a number of popular models, including the RAV4, Corolla, Camry and Highlander.
-A recall of 437,000 Prius to fix braking issues in February 2010.

Defective vehicles continue to pose a significant danger to motorists in South Florida. During the past three years, NHTSA has issued 524 recalls involving 23.5 million vehicles.

Continue reading "Toyota saga an example of dangers posed by defective vehicles in South Florida car accidents" »

Police are investigating a trio of South Florida traffic accidents, including a fatal car accident on Tamiami Trail and a fatal Miami pedestrian accident.

Just before 4 p.m. Monday, rescue workers from Collier County and Miami-Dade responded to a head-on collision involving three vehicles along Tamiami Trail at mile marker 45, Channel 7 News reported.

The driver of a Toyota Sequoia crashed head-on into a Dodge minivan. A third minivan, containing three adults and three children, wrecked trying to avoid the crash. One person was killed in the crash while five others were flown to Jackson Memorial Hospital in critical condition.

The Naples Daily News reported that Tamiami Trail was closed from the Miccosukee Casino in Miami-Dade to S.R. 29 in Collier County.

Earlier Monday, Broward County Sheriff Fire Rescue responded to a South Florida semi accident. The truck was engulfed in flames and carrying 200 gallons of fuel and 42,000 pounds of plastic milk cartons. Interstate 75 eastbound was closed for more than 5 hours as authorities worked to clean up the wreckage.

Meanwhile, authorities in Miami continue to search for two people who may have information regarding a fatal hit-and-run accident that left one man dead. The Miami pedestrian accident occurred shortly before 2 a.m. Sunday in the 400 block of NW West Park Drive.

Anyone with information about the accident or the owners of a 2009 white Honda with Florida tag 151 WDY can call the Miami-Dade police traffic homicide unit at (305) 471-2425.

For parents, a driver-safety course can be a good investment when it comes to helping your teenager avoid a serious or fatal South Florida car accident.

David Thompson, founder of New Driver Car Control Clinic, told the Florida Today that graduates of an advanced driver safety course had 77 percent fewer crashes than teens who had only a traditional driver-education program.

In 2008, a total of 5,864 teens, ages 15 to 20, were killed in traffic accidents, according to the National Highway Traffic Safety Administration. In Florida, a total of 516 teenagers were killed in traffic accidents -- accounting for nearly 10 percent of teen driving deaths nationwide.

Statistics provided by the NHTSA paint an alarming picture:
-Traffic accidents are the leading cuase of death for teenagers in America.
-Teenagers are involved in three times as many crashes as all other drivers.
-A teen is injured in a car accident every 55 seconds.
-A teen dies in a car crash every hour.
-75 to 80 percent of drivers ages 16 and 17 are killed in accidents attributed to driver error, not speed, drugs or alcohol.

As prom season and summer approach, talking to your teen about safe-driving habits can make a big difference in avoiding a serious or fatal South Florida traffic accident.

A good place to start is by reviewing online resources with your teen. A number of teen-driving safety resources are available by clicking here.

Continue reading "Teens at increased risk of South Florida car accidents" »

A recent study found more than 1.7 million people a year are injured by hospital infections, MSNBC reported.

South Florida medical malpractice cases continue to occur as a result of patients contracting serious or fatal infection because of hospital negligence. Hospitals are a breeding ground for so-called "super bugs," which survive in hospital environments by developing resistance to disinfectants and antibiotics. Their resistance can make them particularly dangerous to patients recovering from illness or surgery.

The report found 1.7 million people a year are injured by hospital infections, which cost the medical system $8.1 billion in 2006. It is the first attempt to put a price tag on the growing problem. More than 48,000 people were killed by hospital infections during the 8-year study period.

"In many cases, these conditions could have been avoided with better infection control in hospitals," said Ramanan Laxminarayan of Resources for the Future, a think tank that sponsored the study.

Sepsis, a blood infection, killed 1 in 5 patients who contracted it after surgery, according to the study, which was published in the Archives of Internal Medicine. Patients with sepsis had to stay in the hospital for an average of 11 days longer, at a cost of $32,900 per patient.

Patients who contracted hospital pneumonia had to stay in the hospital an extra two weeks at a per-patient cost of $46,400. More than 11 percent of them died.

"In some cases, relatively healthy people check into the hospital for routine surgery," said study participant Anup Malani of the University of Chicago. "They develop sepsis because of a lapse in infection control and they can die."

Continue reading "South Florida medical malpractice claim can result from hospital infections" »