South Florida Injury Lawyer Blog

West Palm Beach car accidents have more than doubled in the two months since red-light cameras were installed at intersections, the Palm Beach Post reported.

The newspaper tabulated rear-end car accidents. The intersection cameras have generated controversy around the country. In Chicago, more than $50 million a year is being collected amid accusations that cities are using the devices to generate revenue without regard for whether they are reducing accidents. In Arizona, the governor recently announced the end to that state's program, mandating that the cameras be shut off later this summer after a trial period in which motorists largely ignored tickets issued by mail.

At the three intersections equipped with the cameras in West Palm Beach, 2,675 tickets were issued totaling more than $330,000 for the month of March. A state law passed this spring authorizes use of the cameras to improve traffic safety.

However, rear-end collisions increased to 5 from 2 as motorists hit the brakes to avoid a ticket. Advocates contend that it's too soon to draw conclusions. But detractors say the same thing is happening wherever the cameras are installed.

"It's more about the money than it is traffic safety," said Kevin Bakewell, vice president of AAA in Tampa.

The cameras will no-doubt pose an interesting legal question. Municipalities can be held liable for defective roads, inoperable street lights and other safety hazards that lead to the serious injury or death of a motorist. Footage from such cameras has already been sought in a number of accident cases and it's only a matter of time before a government entity is sued in the wake of a serious collision blamed on the cameras.

The state law that takes effect July 1 increases the fine mailed to car owners from $125 to $158.

Palm Beach is the first city in Palm Beach County to issue the fines, although more than half a dozen others have announced plans to proceed with cameras of their own. Palm Beach County plans to put cameras at 10 intersections.

A 2007 study in Virginia found that rear-end collisions increased by 27 percent after red-light cameras were installed, while crashes caused by red-light runners decreased by 42 percent.

The city decided to refund two-thirds of the March fines, after outrage over enforcement of slow-rolling right turns on red. Mayor Lois Frankel was among the motorists cited.

Continue reading "West Palm Beach car accidents climb after red-light cameras installed " »

The Memorial Day weekend is a dangerous time for South Florida car accidents. While we all hear about the dangers of driving on New Year's Eve, serious and fatal year-end holiday accidents have been mitigated in recent years by heavy enforcement and public service announcements.

In Florida, Thanksgiving is the deadliest holiday of the year, with 39 fatal accidents reported in 2008, according to the National Highway Traffic Safety Administration. But the trio of dangerous summer holidays -- Memorial Day, Fourth of July and Labor Day -- begins this weekend and authorities are urging motorists to stay safe and drive responsibly.

Authorities on the West Coast are aiming to reduce Fort Myers car accidents with a series of sobriety checkpoints, according to The News-Press.

Drunk driving accidents are a leading cause of Florida traffic fatalities; a total of 1,048 of the state's 2,978 fatal traffic crashes involved a drunk driver in 2008.

It's also National Boating Safety Week and authorities are urging boaters to review safe boating habits as the summer boating season begins in earnest. As we reported recently on our South Florida Injury Lawyer Blog, South Florida is the boating capital of the nation. Unfortunately, that means more boating accidents occur here than anywhere in America. In 2008, a total of 55 people were killed and 271 seriously injured in 616 Florida boating accidents.

Florida Holiday Traffic Fatalities in 2008:

New Year's: 15

Memorial Day: 29

Fourth of July: 30

Labor Day: 29

Thanksgiving: 39

Christmas: 32

Nationwide Holiday Traffic Fatalities:

New Year's: 141

Memorial Day: 370

Fourth of July: 437

Labor Day: 423

Thanksgiving: 439

Christmas: 364

Continue reading "South Florida car accidents, boating accidents, a danger through Memorial Day weekend" »

More children die as a result of swimming pool accidents in Florida than anywhere else in America. It is the leading cause of death for children ages 1 to 4. And for every child that drowns, four will be seriously injured as a result of a Florida swimming pool accident.

Swimming pool drownings are tragic cases. Seeking the advice of an experienced Florida child injury attorney is critical. No amount of compensation can bring back a child. But in the case of a child's death or serious injury in a pool accident, a personal injury or wrongful death claim should be filed against the property owner's insurance carrier.

In response to the tragic number of Florida drowning cases, The U.S. Consumer Product Safety Commission is launching its national Pool Safety Campaign right here in South Florida. The campaign kicked off this week at the Fort Lauderdale Aquatic Complex, CBS 4 reported.

In Lee County, advocates are launches a companion campaign to reduce the number of pool drownings in Fort Myers and Cape Coral, The News-Press reported.

Each year, an average of 385 pool- or spa-related deaths occur to children under 15, according to the Consumer Products Safety Commission.

In 2008, Broward County led the state with 8 drowning deaths. Lee County had six swimming pool deaths.

Pool Safety Tips

-Install an isolation fence around your pool (The law requires this for most swimming pools in Florida).

-Designate someone to supervise children around a swimming pool.

-Never consider a child to be safe around water, regardless of his or her skills.

-Floaties, and other inflation devices are not life jackets and should not be substituted for supervision.

-Toys and other tripping hazards should be kept clear of the pool area.

-Remove anything obstructing a clear view of the pool from the house.

-Remove covers before using a pool. Children can become entrapped in pool or spa covers.

Source: Adapted from information provided by the Lee County Health Department

Continue reading "South Florida pool drowing is a leading cause of death for small children" »

Broward County's plan to become on of the first in the nation to establish a bike-sharing plan highlights the need for continued efforts aimed at reduce Fort Lauderdale bicycle accidents and serious and fatal cycling accidents elsewhere in South Florida.

As we reported last week on our South Florida Injury Lawyer Blog, increasing bicycle safety and awareness is a priority among cycling advocates. Florida is the deadliest state in the nation for bicycle accidents -- 125 of the nation's 716 fatal bicycle accidents occurred in Florida in 2008, according to the National Highway Traffic Safety Administration.

The proposal in Broward County would establish a bike-sharing system along beaches and downtowns for easy rentals to tourists and residents, according to the Sun-Sentinel.

Such bike "libraries" have been popular in Europe for years but are only now catching on in the United States. The popularity of cycling for recreation and fitness has exploded in recent years. Federal statistics show the average age of a cycling accident victim is also on the rise. Men ages 35 to 41 are now the most likely to be involved in a serious or fatal bicycle accident.

A major bike-sharing program will launch this summer in Miami Beach. Denver and Washington, D.C. are also experimenting with new sharing programs and launches are set to debut in Boston and Minneapolis later this year.

Broward County commissioners will vote this summer on a contract with a bicycle supplier. If an agreement is reached, about 200 bikes would be in place by the end of the year with plans to grow to 500 bikes within five years.

Bikes would be placed in locked racks along the beach and throughout downtowns, probably beginning in Fort Lauderdale and then expanding to Hollywood, Pompano Beach, Hillsboro Beach and Deerfield Beach. Riders sign up for a membership, likely about $45 per year -- weekly, daily and hourly memberships would also be available.

Customers would use their membership card or a credit or debit card to release a bike from the rack. When they are done riding, the bike can be returned to any rack in the system.

The bikes would include computer chips for tracking lost or stolen bicycles and a rider could also go online to view their mileage, the number of calories burned and how much gasoline they saved by riding the bike.

Continue reading "Bike-sharing plan demonstrates need for awareness in avoiding Fort Lauderdale bicycle accidents" »

The Consumer Product Safety Commission has announced the recall of 1.8 million toy dart sets sold by Family Dollar Stores. Two children have died as a result of choking accidents involving the toys.

South Florida Injury Lawyer Gregg Hollander has built a reputation as one of the state's leading child injury lawyers and defective product attorneys. With thorough investigation, knowledgeable and experienced representation, and access to some of the country's leading medical and legal experts, the staff at the Hollander Law Firm fights for the rights of children harmed by dangerous or defective products. About 100 defective children's products have already been recalled this year -- 50 toys and 50 products such as strollers, cribs, high chairs and child medications have been removed from the market since January.

The reported deaths, which include a 9-year-old Chicago boy and a 10-year-old Wisconsin boy, came as a result of the boys putting the soft plastic darts in their mouths. The CPSC reports that the darts can be inhaled into the throat, which can prevent a child from breathing.

The toy guns are imported by Henry Gordy International, Inc. and sold exclusively in Family Dollar stores. The CPSC reports Family Dollar is cooperating with the recall, while Henry Gordy International has refused to recall the toy dart sets.

Sold under the "Auto Fire" brand, the product comes in either an orange-and-yellow toy gun (#P238) or a blue-and-yellow gun (#9328). The product includes eight orange darts and a small target numbered 1-20. The item number is located on one side of the gun handle. The product is marketed for children "Ages 8+" and was sold at Family Dollar stores nationwide from September 2005 to January 2009 for about $1.50.

The toy guns were manufactured in China.

Consumers should discard the toys. They can also return them to a Family Dollar store for a refund. Contact Family Dollar at (800) 547-0539 or visit the firm's website, www.familydollar.com for more information.

Continue reading "Toy darts recalled after choking deaths; Florida children at risk of injury from defective products" »

Lee County car accidents declined slightly for the second year in a row, a reduction officials contribute to high gas prices and the economic downturn. However, where you drive is an important factor in whether or not you are involved in a Southwest Florida car accident as some of the county's most dangerous intersection remained the same, according to The News-Press.

When high numbers of traffic accidents occur at a particular intersection, it is often a sign of defective design, haphazard engineering or other problem. Frequently, there are multiple causes that contribute to a serious or fatal car accident and consulting an experienced Fort Myers injury attorney can help protect your rights.

A total of 11,923 Lee County traffic crashes were reported last year -- or about 33 crashes a day. That is down 677 from the 12,600 reported in 2008, according to the Lee County Traffic Crash Summary Report.

For the 5th year in a row, motorists at the intersection of U.S. 41 and Daniels Parkway were at the greatest risk of being involved in an auto accident. Eighty-two crashes were reported at the intersection, where officials say turn-lane improvements are under way.

When the number of cars using the intersection is taken into account, Lehigh Acres car accidents at Lee Boulevard and Gunnery Road posed the most danger to motorists. That intersection had the most accidents per number of cars of any intersection in Lee County. No improvements are currently in the works to improve safety, according to The News-Press report.

The most Cape Coral car accidents occurred at Del Prado and Veterans Parkway. While North Fort Myers car accidents were most likely to occur at U.S. 41 and Pine Island Road.

Lee County's Top 10 most dangerous intersections:
U.S. 41 and Daniels: 82 accidents
I-75 and Colonial: 62 accidents
SR 82 and Colonial: 56 accidents
U.S. 41 and Six Mile Cypress: 53 accidents
U.S. 41 and College Pkwy: 53 accidents
Summerlin and College: 48 accidents
Colonial and Six Mile Cypress: 48 accidents
Del Prado and Veterans: 48 accidents
Daniels and Six Mile Cypress: 43 accidents
U.S. 41 and Pine Island Road: 40 accidents

Roadwork is under way or in planning at 7 of the county's 10 most-dangerous intersections while apparently nothing is being done at the remaining locations.

Continue reading "Dangerous intersections in Fort Myers, Cape Coral, Lehigh Acres increase risk of car accidents" »

Cyclists are urging Gov. Charlie Crist to veto a law that would require them to remain in unobstructed bicycle lanes whenever possible, the Florida Times Union reported.

Florida bicycle accidents killed 125 riders in 2008, making Florida the deadliest state in the nation for cycling accidents. In fact, 1 in 6 fatal bicycle accidents nationwide occur in Florida. In 2008, 716 bicyclists were killed and 52,000 injured nationwide, according to the National Highway Traffic Safety Administration.

South Florida is among the most dangerous areas in the state. As we reported recently on our South Florida Injury Lawyer Blog, a Cape Coral bicycle accident killed a young boy headed to the park, while a Fort Lauderdale bicycle accident injured a 65-year-old man who was struck by a police vehicle.

The proposed law headed to Gov. Crist gives local governments the authority to require bicyclists to remain in bicycle lanes, unless they are littered with glass, debris or other hazards. Cyclists are concerned the law will embolden motorists to act aggressively around cyclists who are not riding in a bike lane.

Rep. Gary Aubuchon, R- Cape Coral, wrote the bill and said cycling groups are overreacting.

The proposed law has a number of other provisions of note to those concerns about traffic safety:

-Allow crash victims to view police reports as soon as they are written.

-Require drivers of vehicles carrying passengers for hire to stop at railroad crossings.

-Permit drivers convicted of a fourth DUI to regain driving rights (current law requires life-time suspension of driving rights for a fourth drunk driving conviction).

Continue reading "Advocates concerned proposed law could increase risk of South Florida bicycle accidents" »

A 30-year-old man was sentenced Tuesday to 40 years in prison for a Boca Raton drunk driving accident that killed a bride-to-be and her bridesmaid in 2006, the Palm Beach Post reported.

South Florida car accidents caused by drunk drivers are a major threat to the safety and welfare of motorists. Fully one-third of the 2,978 fatal Florida car accidents that occurred in 2008 were caused by a drunk driver, according to the National Highway Traffic Safety Administration. If you or a loved one has been injured by a drunk driver, hiring an experienced Boca Raton car accident lawyer is critical to protecting your rights and the financial well-being of you and your family.

In 2008, a total of 1,041 people were killed in alcohol-related traffic accidents in Florida. Only California and Texas recorded more traffic fatalities involving alcohol. To put that figure in perspective, Florida had as many drunk driving traffic deaths as the combined total of Alaska, District of Columbia, Delaware, Hawaii, Idaho, Iowa, Kansas, Maine, Montana, Nebraska, New Hampshire, North Dakota, Rhode Island, South Dakota, Utah, Vermont and Wyoming.

Drunk driving is a senseless act; Mothers Against Drunk Driving calls it the most frequently committed violent crime in America.

In this case, the two young women, both 23, were enjoying a girls' night out when the defendant failed to stop for a red light at West Palmetto Park Road and I-95. His vehicle plowed in the women's Mercedes Benz, killing both victims. The defendant, who had a previous DUI conviction, had a blood-alcohol level of .12, over Florida's limit of .08, and investigators said he had been drinking at a bar before the accident.

He was sentenced to 15 years each for two DUI manslaughter charges, as well as 5 years each on two charges of DUI causing serious bodily injury.

Three men remain hospitalized this week after a serious Fort Myers boating accident over the weekend, The News-Press reported.

While speed was reportedly a factor in the accident, a Fort Myers boating accident attorney should be called to investigate whether a mechanical defect or other problem contributed to the crash. The circumstances of this case suggest the boaters knew they were in trouble and did everything possible to avoid slamming into a seawall on Saturday night.

Accidents involving boats or watercraft in South Florida can be caused for a variety of reasons. But, when contributing causes such as a mechanical defect, unclear operating instructions or a poorly maintained rental boat or watercraft are responsible, victims may be entitled to compensation from the boat owner, insurance company or manufacturer.

A Cape Coral homeowner raced to the scene of the accident and found the 37-foot boat on land with all three 250-horsepower engines running. His wife called 911 as he climbed into the boat, which had flipped, and attempted to help the victims.

All three men remained hospitalized Tuesday in critical to fair condition. The Investigation by the Florida Fish and Wildlife Conservation Commission may take several months. The witness said the boat appeared to be going full speed with the throttles wide open when it slammed into the seawall. The News-Press reported that the boaters appeared to be attempting to turn away from the collision at the time of the accident.

As we reported last month on our South Florida Injury Lawyer Blog, Florida led the nation in boating accidents with a total of 616 in 2008. Fifty-five people were killed and 271 injured, according to the U.S. Coast Guard.

May, June and July account for the majority of serious and fatal Florida boating accidents.

Continue reading "Fort Myers boating accident could involve mechanical defect " »

A Broward County motorcycle accident seriously injured a Boca Raton man and three others after the riders were struck by a car merging onto I-95 over the weekend, CBS4 reported.

As we reported this month on our South Florida Injury Lawyer Blog, Florida is one of the deadliest states in the nation for motorcycle accidents. Fatal Florida motorcycle accidents have been increasing steadily, from 432 in 2004 to 556 in 2008, according to the National Highway Traffic Safety Administration.

The 34-year-old driver merged her 2009 Kia into three motorcycles while attempting to enter the highway. Two riders, a 41-year-old Pompano Beach man and a 33-year-old Boca Raton rider, were seriously injured after being thrown from their bikes. A third rider and passenger suffered minor injuries.

May is Motorcycle Safety Awareness Month nationwide and the federal government's nationwide campaign is reminding drivers to "Share the Road with Motorcycles."

Per mile traveled, the government reports that motorcycle riders are 37 times more likely to be killed in a traffic accident.

Keep our riding friends in mind this summer

-Remember, motorcycles have the same rights and privileges of any other vehicle on the road. Always allow a motorcycle a full lane; don't crowd a rider or attempt to share a lane.

-Check for motorcycles in mirrors or blind spots before entering or leaving a traffic lane or intersection, or before merging into traffic.

-Always signal your intentions before changing lanes, merging into traffic, or entering or leaving the roadway.

-Don't be fooled by a motorcycle's turn signals. Many bikes do not have self-canceling signals and signals can be left on. Make sure of a cycle's intentions before proceeding.

-Allow more following distance to ensure a motorcyclist has enough time to stop in the event of an emergency. Don't tailgate.

-Don't drive distracted.

Safety tips for riders

-Avoid riding in bad weather.

-Wear brightly colored clothing and a helmet.

-Use turn signals (and remember to shut them off).

-Combine hand signals and turn signals to draw more attention and ensure a motorist is aware of your intentions.

-Use reflective tape and stickers to increase visibility.

-Position yourself in a lane to be most visible to the drivers around you.

-Don't ride impaired.

Continue reading "Motorcycle Safety Month aimed at reducing South Florida motorcycle accidents" »

A proposed text messaging ban on Florida drivers died in a House committee and will not become law this year, Bloomberg Businessweek reported.

As we reported earlier this year on our South Florida Injury Lawyer Blog, lawmakers had been pushing the measure as a way to reduce serious and fatal Florida car accidents.

Many states have enacted tough new measures aimed at eliminating text messaging and/or cell phone use behind the wheel. Florida's law has now failed to make it through the legislative process during each of the last four years. Florida is one of 31 states that do not yet outlaw text messaging while driving, according to the National Highway Traffic Safety Administration. Although several states are expected to pass laws yet this year.

The federal government has grown increasingly vocal about the dangers of distracted driving and is pushing states to enact a ban on text messaging. The government's website, www.distraction.gov, claims 6,000 motorists a year are killed and more than half a million injured in accidents involving distracted driving.

Text messaging is particularly dangerous because it involves all three forms of distracted driving: visual, manual and cognitive. The government reports drivers who use hand-held devices are four times more likely to be involved in a crash; and that using a cell phone while driving delays reaction time as much as driving with a blood-alcohol level of .08, the legal limit for drunk driving in Florida.

Florida's ban on text messaging never moved out of House committee this year after Finance and Tax Council Chairwoman Ellyn Bogdanoff, R-Fort Lauderdale, said there are better ways to combat distracted driving than to ban a specific activity.

She also said the ban would be difficult to enforce and that changing technology could make the issue irrelevant in several years.

On Florida's Southwest Coast, the Lee County School Board became the latest Florida agency to enact its own ban when it issued a directive this week that bans school employees from texting and driving, according to The News-Press. Lee County government officials are considering a similar ban.

Other forms of distracted driving include:
-Eating or drinking
-Talking to passengers
-Grooming
-Reading or looking at maps
-Using navigation systems or PDAs
-Watching video
-Using other electronic devices, including stereos and Mp3 players

Continue reading "Florida texting ban fails; distracted driving a critical issue in South Florida car accidents" »

Lee County officials are studying an intersection where a boy was killed in a Cape Coral bicycle accident, the News-Press reported.

The 13-year-old was on his way to a neighborhood park with friends when he was struck while crossing Del Prado Boulevard on a bicycle. He later died at Lee Memorial Hospital.

City traffic engineers are studying the intersection to see if new safety measures are needed. Sometimes the cause of an accident can be faulty streets or intersections, missing or inoperable signs or signals, overgrown vegetation or poor design.

Consulting a Cape Coral injury lawyer can be the best course of action if you believe a road defect caused or contributed to a serious or fatal accident.

An average of 29,500 vehicles a day use the heavily traveled intersection at Del Prado Boulevard and Northeast 3rd Terrace, where the fatal bicycle accident occurred. Witnesses say the boy was on the concrete median when he attempted to cross the southbound lanes and was struck by a Porshe driven by a 19-year-old Bonita Springs resident.

Witnesses say the intersection, which lacks crosswalks, is frequently used by children going to and from Burton Park. A traffic engineer said a crosswalk was not the answer, noting the six-lanes of traffic are not controlled by a traffic signal.

He suggested parents instruct children to cross three blocks north of the park.

Fatal motorcycle accidents are expected to have declined in 2009 for the first time in more than a decade, according to the Governors Highway Safety Association.

California and Florida, the two deadliest states in the nation for motorcycle riders, are expected to see declines of 29 percent and 27 percent, respectively. The economic downturn, and fewer riders, is being cited as a primary reason for the reduction in fatal crashes.

"Clearly the economy played a large role in motorcycle deaths declining in 2009," said
Association Chairman Vernon Betkey. "Less disposable income translates into fewer leisure riders, and we suspect that the trend of inexperienced baby boomers buying bikes may have subsided."

Authorities also believe a better focus on safety by states combating the decade-long increase in fatal accidents has contributed to the reduction.

Nationwide preliminary data projects that motorcycle fatalities will decline from 5,290 in 2008 to 4,762 last year. The 10 percent decline comes in the wake of more than a decade of dramatic increases in motorcycle accidents. As we reported last month on our South Florida Injury Lawyer blog, fatal Florida motorcycle accidents have been climbing steadily -- from 432 in 2004 to 556 in 2008. The National Highway Traffic Safety Administration has attributed much of the increase to the skyrocketing popularity of motorcycle riding. The number of registered motorcycles nationwide has increased from fewer about 4 million a decade ago to more than 7 million today.

The organization made the following recommendations to improve safety:

-Increase Helmet Use

-Reduce Alcohol Impairment

-Reduce Speeding

-Provide Motorcycle Operator Training

Based on 9 months of 2009 data, the following states reported the most fatal motorcycle accidents:

California: 321
Florida: 302
Pennsylvania: 185
Ohio: 136
North Carolina: 136
New York: 134
Illinois:113
Indiana: 104
Arizona: 98
Michigan: 81

Continue reading "Motorcycle accidents decline; Florida among the nation's deadliest for motorcycle riders" »