South Florida Injury Lawyer Blog

What was supposed to be a night of celebration ended up being the beginning of a long recovery for one Florida Atlantic University football player. The Bradenton native was ejected from the car after a Boca Raton car accident on I-95, WPTV-5 reports.

It was a Saturday, the day before Valentine's Day, when the FAU safety, two teammates and a student manager got in the car heading for the annual football awards banquet. The 21-year-old says he has little recollection of events between getting ready for the banquet and waking up in the hospital where he spent two weeks recuperating.

He suffered a broken pelvis, bruising on his brain and multiple skull fractures which required 24-hour home care for months, and extensive and ongoing physical and speech therapy. He considers himself lucky and attributes much of his relatively quick recovery to being in top physical condition. With that said, the 6'2", 200-lb. athlete has yet to return to the gridiron and continues to seek treatment for short-term memory loss and balance issues. He anticipates returning next season with the endorsement of his neurologist.

In 2008 and 2009, there were almost 400,000 injury-causing Florida car accidents recorded with the Florida Highway Safety and Motor Vehicles department. Nearly 15,000 young people aged 21-24 were injured, another 26,950 between the ages of 25-34. In 2009, Broward and Lee Counties rank second and ninth respectively for the number of reported injury accidents recorded in counties with populations of 500,000 or higher.

The statistics don't tell the whole story. Many of the injured spend months or years recovering. The cost of rehabilitative care can be astronomical. A Boca Raton injury lawyer can fight for your rights and work to ensure you have the proper resources available for the best chances of making a full recovery.

Continue reading "For one South Florida car accident survivor, the road to recovery leads to the FAU gridiron" »

In just under two weeks, three families have buried loved ones after a series of Naples car accidents claimed the lives of four motorists. The first accident involved a couple in their early-60s who were killed when their 2001 Toyota struck a utility pole, the Naples News reports.

A second accident, also reported in the Naples News, happened shortly after mid-day on Sept. 19. Two teens were traveling along Alligator Alley when their 2000 Ford Explorer blew a right rear tire causing a guardrail crash that flipped the vehicle twice. The driver and passenger, both 16, were ejected from the vehicle. Both were killed.

None of the victims were wearing seat belts, according to authorities.

According to the Florida chapter of Students Against Destructive Decisions, one fatality per hour in America is due to drivers and passengers not buckling up. With that said, buckling up doesn't come with a life-saving guarantee. At best, it simply reduces the odds for serious or fatal injury in the event of a car accident.

Florida state law requires that all front-seat occupants, regardless of age, wear a seat belt and children under age 6 must use a booster or car seat in addition to buckling up. The fine for not wearing a safety restraint ranges from $30-60 and up and comes with a three-point ding on a driver's record. According to Florida Drivers, aside from providing an additional safety mechanism protecting drivers and passengers, in 1999, a statewide crackdown on seat belt enforcement netted 263 fugitives and led to almost 1,000 DUI charges and more than 375 felony arrests.

Continue reading "September a deadly month for Naples car accidents" »

A 70-year-old Palatka woman watched from her porch as her Pomeranian, Junior, was ripped from her arms and viciously mauled to death by a roaming neighborhood pit bull, the Palatka Daily News reports. She purchased the 5-pound pup a decade ago for companionship after her husband died.

Florida law directs that dog owners are liable for the actions of their pets both in public areas, such as a sidewalk, or on the owner's property, regardless of whether the victim of a Florida dog bite attack is a human or a beloved pet. The law further directs that pets must be under control or otherwise leashed or contained.

When the dog is free-roaming, as in the Palatka case, liability is clear. As we mentioned in an earlier post on our South Florida Injury Lawyer blog, consulting with a West Palm Beach injury attorney who handles dog bite cases can help you better understand your rights and protect your financial well being if you have been involved in a dog bit incident.

About 4.7 milliondog bite incidents are reported each year with nearly 800,000 victims seeking medical treatment, according to the Center for Disease Control. The most common breed involved in dog attacks is the pit bull. During 2007-2008, there were 56 fatal dog bite incidents reported in the country, with 4 happening in Florida, according to dogbitelaw.com.

Children are among the most frequent victims although, as this case illustrates, elderly residents may be particularly susceptible and/or unable to defend themselves against a dog attack. Scarring and long-term emotional issues frequently result from a dog attack. These and other complex issues must be taken into account by an attorney with the knowledge and experience to handle a dog-bite claim.

Continue reading "South Florida dog attack leaves pet owner traumatized and her 10-year companion dead" »

The Center for Disease Control reports that having children at home does not decrease a driver's likelihood of getting behind the wheel and driving impaired. In 2008, 99 children aged 14 and under were killed in fatal car accidents where the driver was intoxicated. Out of 1,347 traffic fatalities involving this age group, 16 percent were killed in car accidents where alcohol played a factor.

Our Fort Myers car accident attorneys and Fort Lauderdale injury lawyers know that while serious or fatal alcohol-related Florida car accidents are on the decline, the number of car accidents where alcohol is a factor is still quite high. In 2009, the Florida Department of Motor Vehicles reported 20,085 alcohol-related crashes, killing 1,004 and leaving another 14,130 Floridians injured. Boca Raton saw 105 DUI crashes, Fort Myers reported 117 and Naples reported 136 DUI-related crashes in 2009.

Since Labor Day, both Lee and Broward Counties have reported a handful of DUI arrests involving impaired drivers with children in the car. Aside from facing a DUI charge, often drivers are additionally charged with child cruelty or neglect. In some cases, the state can choose to remove children from the home. ABC-7 reported that a 23-year-old woman was stopped by highway patrol after a witness reported an impaired driver on I-75. It was determined she had struck a guard rail causing $750 in damage. She was driving with an infant in the car.

The Miami Herald reported that over the Labor Day holiday, three drivers were charged with DUI while transporting children in separate incidents:

~ A 29-year-old Palm Springs man was speeding in Lake Worth. He was driving with his 11- and 13-year-old sons.

~ A 30-year-old Royal Palm Beach woman was cited following a car accident at S.R. 7 and Pioneer Road. She was accompanied by her 6-year-old daughter. No injuries were reported.

~ A 43-year-old Deerfield Beach man was charged after officers spotted him weaving while driving 70 m.p.h. in a 35 m.p.h. zone. He was traveling with his 8-year-old son.

Continue reading "In separate incidents, parents in Fort Myers and Broward County charged with DUI with kids in car" »

It was March 6, 1997 when 81-year-old Mildred Thomas went under the knife at Lee Memorial Hospital for a hip replacement surgery. Although the procedure was successful, Thomas died of heart failure shortly after the surgery, the News Press reports.

At first, her family was told she died of a heart attack. Given Thomas had a history of heart disease, and given her age and the invasive nature of the procedure, the family accepted this grim truth as many families would. After all, why would a hospital lie about such a thing?

Our Fort Myers medical malpractice lawyers know that surgery can be a risky business rife with medical complications and human error. A study published in the National Academic Press estimates that in 1997, somewhere between 44,000 and 98,000 Americans die in hospitals each year as a result of a medical error.

For the family of Mildred Thomas, the facts about what really happened to their mother during her March 6 surgery began to emerge five days after her death. They were in Alabama preparing for her funeral when the call came. The Fort Myers medical examiner's office was requesting a second autopsy after learning that Thomas had died from an in-surgery overdose, not a heart attack, as was initially suggested.

What complicates this Florida medical malpractice case is not the allegation of malpractice itself, but rather that of fraud. Florida law dictates that surviving adult children of parents who die due to an act of medical malpractice are not eligible for monetary damages associated with pain and suffering. In the case of fraud, however, there is no limit on what damages surviving family members may be awarded.

The allegation of fraud has become the legal sticking point. Stretching the medical malpractice case into a 12-year legal battle in which the hospital has thus far paid $250,000 in legal fees. Under normal limits, the hospital's liability would have been $100,000 per victim or $200,000 per occurrence.

This case highlights the complexity of medical malpractice claims and why it is critical to hire an experienced law firm with the ability to go toe-to-toe with the giant hospital and medical corporations that are so used to having things their way.

Meanwhile, the family waits, and hopes for resolution.

Continue reading "Lee Memorial's 12-year Fort Myers medical malpractice case highlights hospital's dodge of responsibility" »

Every trip. Every time. Four simple words that can save a child's life. This week, Sept. 19-25, the National Highway Traffic Safety Administration will reinforce this message by again hosting its annual Child Passenger Safety Week. The goal of the campaign is to remind parents that securing a child in a properly installed and age- and size-appropriate car seat is the best thing they can do to protect their most precious cargo in the event of a Palm Beach car accident or accident elsewhere in South Florida.

The good news is that most parents, friends, family and caregivers know that the law requires children ride in car seats. Unfortunately, the NHTSA has found that 3-out-of-4 car seats are not properly installed. To address this, the week-long campaign will culminate with "National Seat Check Saturday" on Sept. 25, a day devoted to free child seat inspections.

Despite more than 30 years of increasing nationwide public awareness and legislation specifically devoted to child passenger safety, car accidents remain the leading cause of death among children aged 3-14. With that said, from 1975 to 2008, more than 8,950 children's lives were saved because they were using appropriate child restraints when a car accident occurred.

In fact, placing an infant (age 1 or younger) in a child safety seat reduces the likelihood of that child being killed in a vehicle crash by 71 percent. And the risk of a toddler (age 1 to 4) being killed in a car accident is diminished by 54 percent if they are buckled up. Children ages 4 to 7 who use booster seats are 45 percent less likely to be injured in car crashes than children who are restrained only by seat belts.

For a clearinghouse of information regarding car seats to an overview of child passenger safety, visit the Insurance Institute for Highway Safety. Here you will also find a recent review of more than 70 car seats, as well as safety ratings and other valuable information about how well the seats will fit your vehicle.

Click here to find a child seat check location in your area.

Continue reading "Palm Beach Child Injury Lawyer urges parents to participate in Child Passenger Safety Week " »

While more Americans are "hitting the road" these days, in 2009 the number of fatal car accidents nationwide dropped to their lowest number since 1950. Injuries also fell their lowest rates ever recorded, the National Highway Transportation Safety Administration reports.

But the real sunny spot across the nation is Florida, where the number of fatal Florida car accidents has dropped more than anywhere else in the country. From 2008 to 2009, the Sunshine State reported an astonishing 422 fewer fatalities. Throw alcohol into the mix, and again, numbers are down. Nationwide, alcohol-related fatal car accidents declined by 7.4 percent, claiming 872 fewer lives in 2009.

Our Fort Lauderdale injury lawyers are hesitant to celebrate: Palm Beach, Broward and Miami-Dade counties continued to report the most accidents in the state. And Florida ranked third, behind California and Texas, for the most traffic fatalities nationwide.

Still, we welcome the good news that fatal accidents are down across the board, whether riding in or driving a vehicle - four wheeled or two wheeled, motorized or not - even walking on or near roadways in the U.S. is the safest it has ever been, the National Highway Traffic Safety Administration reports.

Among the findings:
Total Traffic-Fatalities: 33,808 (down 9.7 percent)
Total Traffic-Injuries: 2.217 million (down 5.5 percent)
Passenger Vehicles-Fatalities: 23,382 (down 8.2 percent)
Passenger Vehicles-Injuries: 1.976 million (down 4.6 percent)
Large Trucks-Fatalities: 503 (down 26 percent)
Large Trucks-Injuries: 17,000 (down 26 percent)
Motorcycles-Fatalities: 4,462 (down 16 percent)
Motorcycles-Injuries: 90,000 (down 6.3 percent)

NHTSA Administrator David Strickland credits seat belt use and aggressive anti-drunk driving enforcement campaigns for the downturn, but notes "we are still losing more than 30,000 lives a year on our highways, and about a third of these involve drunk driving." And, despite the trend, for Americans aged 3-34, car accidents remain the leading cause of death.

Continue reading "Florida leads nation in reduction in traffic fatalities; South Florida remains state's most dangerous area for car accidents" »

For any beachside community, the sight of sunburned happy tourists dangling from parasail rigs trolled behind motorboats is as ubiquitous as shoreline beach umbrellas and volleyball nets. Fortunately, most people who strap on the harness and take to the sky return safely to land with a camera full of images and fond memories of simulated flight.

But for some, a seemingly safe and brief trip to the clouds ends in serious personal injury or death. Such was the case this past weekend for one vacationing couple, the sptimes.com reports. As the pair was in air, a summer squall, long time in the brewing by all reports, ratcheted up sustained winds along the shoreline from a mild 6-7 mph to 22-35 mph gusts in a matter of minutes.

As the boat operator reeled the couple in, the winch spun out and the line tethering the pair to the boat snapped. One victim was able to free himself from his harness and fell to the water. His fiancée was not so fortunate and was dragged to the ground. Before coming to a rest after colliding with a 4-by-4 volleyball net post the 27-year-old Georgia woman was dragged across the sand, smashing into beach gear along the way. She remains in critical condition at Bay front Medical Center.

Experienced West Palm Beach personal injury attorneys and premises liability lawyers at the Hollander Law Firm know that surviving and rehabilitating from a serious or catastrophic injury can be a lengthy, painful, life-changing process. We recognize that business owners have a duty to provide a safe environment for their guests and employees and when unsafe conditions cause serious injury or death, victims can and should be compensated appropriately for their suffering and loss.

In most instances, whether renting a JetSki or a rowboat, a rental agency will require you to sign a waiver. This does not alleviate the company of their safety obligations. When a tourist or resident is injured on rented equipment, an experienced South Florida accident lawyer should always be contacted.

Continue reading "Tourism rental industry can be held responsible for serious and fatal accidents in Fort Lauderdale and West Palm" »

There is a well-known old saying: it takes just one bad apple to spoil the bunch. For South Florida motorcycle riders, this couldn't be more true. But these days, for a slim segment of Miami motorcycle-owners, being nabbed by cops for 'thrill riding' can cost you in excess of $1,000 in fines, your wheels and time behind bars, nbcmiami.com reports.

Thanks to partnership efforts involving local law enforcement, State Representative Carlos Lopez-Cantera and responsible motorcycle groups, new penalties put in place for riders caught speeding more than 50 mph over the limit could reduce the numbers of South Florida fatal motorcycle accidents.

As our experienced Fort Lauderdale motorcycle accident attorneys reported in an earlier post on our South Florida Injury Lawyer blog, nationwide, motorcycle riders are 37 times more likely to be killed in a traffic accident. Meanwhile, the incidents of serious and fatal motorcycle accidents have skyrocketed as motorcycle riding has grown more popular. In Florida alone, there were 523 fatal motorcycle accidents in 2008, ranking Florida second only to California in the number of motorcyclists killed.

Our professional team of lawyers, investigators, medical professionals and support staff understand that too often a careless or negligent motorist can cause a motorcycle accident simply by failing to look, failing to yield, ignoring the rights of motorcyclists or by engaging in other negligent behavior. We know that even the safest most responsible motorcycle rider face a greater chance of serious injury or death than a motor vehicle driver or passenger.

Getting the few irresponsible riders off the road will not only save lives, it will keep a few bad apples from reflecting poorly on the many hundreds of responsible motorcycle enthusiasts who want nothing more than to safely enjoy all South Florida has to offer.

Continue reading "From Fort Lauderdale to Fort Myers, few motorcycle accidents caused by thrill riders" »

For the second time in two weeks, a high-speed car chase between law enforcement and the driver of a stolen vehicle ends in arrest, naplesnews.com reports.

Last week a Bradenton man led police on a two-county, high-speed car chase that ended in a fatal car accident. On Labor Day, a Naples man was arrested by Collier County deputies after allegedly stealing a 1994 Toyota. Law enforcement officials report that the suspect drove against traffic at speeds up to 100 m.p.h. before crashing and leading officers on a foot chase. Ultimately, the 31-year-old man was tasered, tackled and taken into custody. Fortunately, no one was injured during the mid-morning chase on Goodlette-Frank Road.

With more than two decades of experience, Naples car accident attorney Gregg Hollander understands that the aftermath of a serious or fatal car accident can be among the most painful and stressful times in a victim's life. That dealing with injuries, car repairs, lost time at work, medical bills and insurance companies can be both confusing and overwhelming. Contacting the team at Hollander Law Firm if you or someone you love has been injured in a serious or fatal car accident can be a good first step in regaining control of the well-being of your family.

The car chase may have been brief, but the alleged suspect showed blatant disregard for both property and other motorists on the road, putting both law enforcement and innocent drivers at risk. For nearly 2.1 miles, officers followed the Naples man as he continued to accelerate and veered again and again into the path of oncoming traffic.

At one point, officers reported, the suspect almost caused a head-on collision with an oncoming pickup truck. No amount of defensive driving can protect a motorist against an erratic driver fleeing police. Often police share part of the blame when a car chase over a minor traffic incident is permitted to escalate to the point where lives are endangered.

Continue reading "High-speed police chase through Naples highlights risk of serious or fatal car accidents" »

For the only-child of a couple killed in a head-on collision as they returned from a last minute Christmas Eve grocery run, the arrest of the driver is a mixed blessing, the Daytona Beach News-Journal reports.

The 36-year-old Daytona Beach resident was charged with two counts of DUI manslaughter after an eight-month investigation. He was also charged with DUI with property damage and driving on the wrong side of the road after toxicology reports indicated he was driving under the influence of marijuana, Xanax and oxycodone.

"There's been a lot for me to have to figure out ... I can't wait until everything is over. Everything in my life is on hold," the victims' daughter told the News-Journal.

Our Fort Myers injury lawyers and Palm Beach accident attorneys have more than two decades of experience helping victims and families of car accidents. We can help victims and survivors better understand their rights. Injury attorneys at Hollander Law Firm understand that dealing with the aftermath of a fatal car accident involving drugs or alcohol can be the most painful time in your life.

During 2007-2008, the Florida Highway Patrol made 29,732 DUI and drug arrests and investigated more than 2,400 fatal crashes involving alcohol or drugs. More than 95,200 Florida drivers had their licenses revoked due to DUI charges, the Florida Highway Safety and Motor Vehicles reports.

For the driver, who was treated and released from a local hospital the day after the crash, the Christmas Eve accident was not his first DUI-related charge. The News-Journal article reported that in 1995 he pled "no contest" in a vehicular homicide case involving a one-car crash in Marion County. He has been arrested twice since June 2009 for alcohol-related and suspended license issues. And he was driving on a suspended license at the time of the Christmas Eve crash.

Continue reading "Daytona man charged with two counts of DUI manslaughter in fatal Christmas Eve car accident" »

At least six Broward County law enforcement agencies, along with the Florida Highway Patrol are conducting "DUI saturation patrols" through the Labor Day weekend, the Sun-Sentinel reports.

Their message is clear National Highway Traffic Safety Administrator David Strickland said in a recent press release. "If you drive drunk you will be arrested and prosecuted. There will be no exceptions and no excuses. And if you are below the age of 21, there is zero tolerance for any alcohol in your system whatsoever. That's why we're out there with law enforcement, tackling this major safety issue head on."

South Florida drunk driving accidents are a familiar topic of discussion and representation for Boca Raton car accident attorneys at Hollander Law Firm. Talking with an experienced injury attorney if you have been injured or someone you love has been injured or killed in a drunk driving accident in Boca Raton, Fort Myers or Naples can help you better understand and protect your rights.

Labor Day nationwide is a particularly deadly holiday for drivers, ranking just below Thanksgiving for fatal car accidents, according the National Safety Council. In 2008, 473 drivers and passengers were killed in crashes over the holiday weekend, compared an average of 423 fatalities occurring during the same time frame either before or after the holiday. Averages are calculated with consideration given to the fact that there are more holiday drivers on the road than during non-holidays.

Targeting drunk drivers is especially relevant during the holiday weekend when better judgment can be affected by family reunions and backyard gatherings where ice-cold beer and frozen drinks take the edge off the heat.

About 17.2 million drivers aged 16-24 admitted to driving under the influence during a 2008 National Highway Traffic Safety Administration survey, which translated into one-in-five primarily male drivers admitting to getting behind the wheel to some degree impaired.

Continue reading "Car accidents in Fort Lauderdale, West Palm Beach, a Labor Day weekend danger" »