South Florida Injury Lawyer Blog

Previously on our South Florida Injury Lawyer Blog we reported the government placed a ban on manufacturing and selling dropside cribs in the United States. It's estimated that these cribs kill more than a dozen infants per year when an infant's head gets caught between the mattress and the siderail.

Our Fort Lauderdale child injury lawyers agree this is a preventable death that the government and safety advocates need to play an active role in to keep our children safe. Cribs and bassinets get recalled by the dozens each year. In fact, since 2007, over 11 million play yards, cribs, and bassinets have been recalled.

A baby's nursery should be their safe haven. The U.S. Consumer Product Safety Commission Crib Information Center wants to keep your baby safe by offering the following safety tips:

- Babies are easily strangled by cords so never put a crib or bassinet near a window with blind or curtain cords dangling. Make sure the baby monitor cord is out of reach from the crib or bassinet.

-When setting up play yards, only follow the instructions sent by the manufacturer. Improvising with added padding or personal touches can be dangerous and life threatening to your young child.

-In this economy, hand-me-downs are helpful but make sure they are working properly. Broken, modified, or cribs older than 10 years should not be used. A baby's head can get trapped in broken slats or loose rungs leading to serious or fatal injury.

-Assembling cribs properly can be problematic without proper instructions from the manufacturer. Call the manufacturer for assistance if you lose the instructions or don't understand how to put something together. 'Guessing' could prevent you from assembling the crib correctly and increase the risk of injury while your infant is sleeping or playing in the crib.

-Suffocating is a preventable danger that can be managed with common sense. Don't use pillows or thick quilts in a baby's sleep area. In addition, a good rule to follow is to check the gaps along the sides of the crib and mattress to make sure there are no spaces wider than two fingers.

Keeping your infant out of harm's way is your number one priority. Defective children's products need to be detected and kept track of on a regular basis. The CPSC urges parents to check their website frequently for the most recent nursery product recalls. Knowing your nursery is safe will help you and your baby sleep more peacefully.

Continue reading "Defective cribs often a danger to infants in Fort Lauderdale, West Palm Beach" »

Florida had the unfortunate distinction of reporting the largest increase in fatal pedestrian accidents of any state in the nation last year. Nationwide, pedestrian fatalities rose for the first 6 months of 2010 for the first time in several years, the Governors Highway Safety Association (GHSA) reported.

West Palm Beach accident attorneys are frequently called to handle the tragic accidents that often occur when a pedestrian's rights are violated.

Last year, 8 states reported a double-digit increase in the number of pedestrian deaths, led by Florida (up 35) and Arizona (up 21).

Formerly with the National Highway Traffic Safety Administration (NHTSA), researcher Dr. James Hedlund completed the first of its kind pedestrian fatality report on a state-by-state basis.

The study Spotlight on Safety: Pedestrian Traffic Fatalities by State revealed that 7 more pedestrian deaths occurred during the first 6 months of 2010. In 2009, there were a total of 1,884 pedestrians that died from January through June; in 2010 that number was 1,891. With an average drop of 200 deaths per year since 2005, the slight increase is a concern.

On the other hand, the National Highway Traffic Safety Administration reported a continued decline in traffic deaths for the first half of 2010. The 2nd quarter of 2010 marked the 17th consecutive quarter of decreasing traffic deaths.

"Nationally, pedestrian fatalities account for about 12 percent of overall traffic deaths, a small but significant portion. Given that we have made so much progress in this area, GHSA is concerned to see this reversal," said GHSA Chairman Vernon F. Betkey Jr. "One factor may be the increased distractions for both pedestrians and drivers. Anyone who travels in a busy city has seen countless pedestrians engrossed in conversation or listening to music while crossing a busy street. Just as drivers need to focus on driving safely, pedestrians need to focus on walking safely - without distractions."

Pedestrian deaths vary a great deal from state to state. In 2009, states with large populations and urban areas like California, Florida, Texas and New York combined for 41% of pedestrian deaths nationally.

Compare that to 12% of pedestrian deaths nationally when you pooled the 25 states (including the District of Columbia) with the least pedestrian deaths.

The report indicated there is no sole cause or countermeasure that would dramatically increase pedestrian safety. Some states use a mixture of enforcement, educational and environmental procedures to improve pedestrian safety.

The responsibility of protecting pedestrians needs to be shared by both motorists and pedestrians. There is room for everyone if we all work together and pay attention.

Continue reading "Florida led nation in increase in pedestrian accidents " »

Our Boca Raton accident attorneys were not surprised by the latest Texas Transportation Institute study regarding mobility in South Florida.

Now that the economy is improving, traffic congestion is on the rise. During the recent economic downturn of 2007 & 2008, gas prices were high and folks weren't working so traffic congestion was at a decade low.

The 2010 Urban Mobility Report looks at traffic congestion on a city-by-city basis, and tourism and winter residents are expected to continue adding to the congestion issues facing South Florida.

Nationally in 2009, almost 4 billion gallons of fuel were wasted idling in traffic. It would take the flow of the Alaska Pipeline 130 days to produce that same amount. Commuters spent 34 hours sitting in traffic in 2009; compared to 14 hours in 1982. The cost of time and extra fuel from traffic congestion wasted $808 for each motorist in 2009.

South Florida was placed in a group of the 15 largest urban areas for this report. South Florida commuters were above the national average spending 39 hours stuck in traffic. A lot has changed since 1982 when the time wasted in traffic was only 10 hours per year. All that sitting guzzled up more than 30 gallons of extra fuel per motorist. The cost of congestion to South Florida commuters was on average about $892 per person.

The study showed that rush hour trips are shorter in Dallas, Atlanta and Phoenix than here. But Chicago, Washington, D.C., and Los Angeles commuters spend more time in traffic.

A company was used for the first time to gather hour-by-hour speed data. This data is obtained from police scanners, trucks, road sensors and cell phones that have GPS tracking devices. During a recent press conference, researchers from Texas Transportation Institute were extremely pleased about how technology has improved their ability to gather data.

"We have a great deal more confidence in the numbers we now have for the chaotic years of 2007, 2008 & 2009," researcher Shawn Turner said. "Thanks to technology, we are using data that simply could not have been gathered a few years ago."

Each year, such technology permits a clearer picture of the costs of congestion.

"This year's report is a remarkable game changer," researcher David Schrank explained. "The new data address the biggest shortcoming of previous reports. The data show conditions for every day of the year and include the effect of weather problems, traffic crashes, special events, holidays, work zones and other factors directly impacting traffic flow."

It was suggested that changing our patterns could help with traffic congestion. Perhaps traveling at non-peak hours or carpooling with other employees could make urban cities become more mobile and less congested.

Continue reading "Boca Raton car accident often caused by congestion" »

When it comes to distractions behind the wheel, your cell phone certainly has competition. Any number of driver distractions can lead to a serious or fatal car accident in West Palm Beach or elsewhere in South Florida.

Cars are mirroring the ever-increasing technology available in phones, with dashboard navigation systems, hundreds of satellite radio systems, DVD players in the head rests and touch-screen navigation controls.

The USA Today reports there are a few alliances in the auto industry, but no universal agreement when it comes to reducing the risks of distractions caused by in-car technology. The National Highway Traffic Safety Administration is slated to introduce the first phase of guidelines later this year.

Members of the Alliance of Automobile Manufacturers, which includes most major car builders except Honda, have developed their own procedures to reduce in-car distractions caused by information and communication systems. Meanwhile, the Association of International Automobile Manufactures says its members make their own decisions when it comes to the risks associated with in-car distractions.

Consumer Reports found the new touch-screen computers becoming standard in many Ford models -- which control radio, temperature and navigation -- was "overly complicated and distracting." Such much so that it dropped its recommendation of models with the system.

And last year the federal government chastised General Motors' OnStar system for allowing drivers to verbally update their Facebook or Twitter status.

The U.S. Department of Transportation has conducted research that showed talking to passengers was the leading cause of distraction in 7,000 crashes it studied last year. But that involves only "cognitive" distraction. Texting or interacting with dashboard controls involves all three forms of distraction, "cognitive, visual and manual," and has therefore been deemed most dangerous.

Continue reading "Phones not only source of distraction leading to Palm Beach car accidents" »

As season enters full swing, West Palm Beach Car Accident Attorney Gregg Hollander and the staff at our law offices urge you to speak to your teens and older adults about the importance of safe driving.

The Examiner recently published an article reminding families that both age groups are at highest risk for being involved in a serious or fatal car accident in Boca Raton, West Palm Beach or elsewhere in South Florida.

The National Highway Traffic Safety Administration reports car accidents are the leading cause of death for teenagers. The only drivers who are more dangerous on the road are those over the age of 70.

Drivers over the age of 65 were involved in 5,569 fatal accident and 803 fatal pedestrian accidents in 2008. Another 183,000 were seriously injured. Older drivers were involved in 474 fatal Florida car accidents.

Drivers under the age of 20 were involved in 5,864 fatal crashes. A total of 516 fatal Florida car accidents involved young drivers.

There are an estimated 31 million older drivers on the road -- up about 20 percent from a decade ago. Certainly winter in South Florida puts more senior drivers on our road than at any other time of the year. The risk of being involved in a serious or fatal accident begins to increase markedly between the ages of 70 and 74. Reasons include age-related declines in vision, physical changes, and cognitive ability. Medication is also an increasingly common factor in accidents involving older drivers.

"Florida, which leads the country in the number of older residents and older drivers, also leads the country in the number of fatal automobile accidents involving drivers over the age of 75," according to the American Association or Retired Persons. "Fortunately, elderly drivers can lessen the risk of traffic incidents by avoiding driving at night and dawn or dusk; driving only to familiar locations; avoid driving in places far away from home; avoiding freeways and rush-hour traffic; and to always drive with another person."

One-third of teens who are killed this year will die in car accidents. About 8 teens between the ages of 16 and 19 die in car accidents each day in the United States. Teens are four-times more likely than any age group (except those over the age of 75) to die in a car accident.

The contributing factors are many: Teens are at high-risk for most types of poor driving behavior, including speeding, aggressive driving, not wearing a seat belt, drunk driving, distracted driving and driving with too many people in the vehicle. And they tend to underestimate road hazards and overestimate their own abilities.

And regardless of age, men are substantially more likely than woman to be involved in a serious or fatal accident.

Studies continue to show that frequent and continued involvement of parents -- beginning as young as 12 -- can have a positive influence on teen driving behavior.

Continue reading "Drivers young and old at risk of West Palm Beach car accidents this season" »

The National Highway Traffic Safety Administration is issuing new rules meant to lessen the chance of serious or fatal injury in a rollover car accident.

Those involved in a serious accident should always consult an injury lawyer in Boca Raton or West Palm Beach to discuss their rights. And in no accident is the risk for serious or fatal injury more serious than in those involving a rollover.

The U.S. Department of Transportation reports that about 10,000 people a year -- or one-third of all traffic fatalities -- are killed in rollover accidents. In 65 percent of those cases, the occupant is either partially or completely ejected.

Those driving light pickup trucks and SUVs are at highest risk.

The new rules will be phased in beginning in 2013 and are designed to reduce the number of people who are partially or completely ejected in rollover crashes.

"Safety is our highest priority," said Transportation Secretary Ray LaHood. "This new standard will help save lives and reduce injuries by requiring vehicles to have a safety system that keeps occupants in the vehicle in a rollover crash."

The new rules require vehicle manufacturers to develop counter measures to prevent unbelted passengers from moving more than 4 inches past a side window in the event of a crash. All vehicles must have the protection by 2018.

"Rollover crashes are the deadliest of all crash types and this is another important step in our efforts to reduce fatalities and serious injuries that result from them," said Administrator David Strickland, National Highway Traffic Safety Administration. "When fully implemented, we believe this standard will prevent on average 373 fatalities and 476 serious injuries every year."

Continue reading "Rollover accidents pose risk or serious or fatal injuries in Palm Beach, Fort Lauderdale" »

The number of people killed in Florida car accidents reached a three-decade low last year, according to the Florida Department of Highway Safety and Motor Vehicles.

As our Boca Raton injury attorneys have reported previously, the economic downturn, high unemployment, and reduced tourism have been cited as primary reason for the reduction. Still, 2,430 people were killed on the state's roads. Car accidents in Palm Beach, Broward and Miami-Dade continue to lead the state.

In 2009, a total of 2,563 people died in Florida car accidents. Last year's numbers represent a 5 percent reduction and the lowest state total since 1978 -- when Florida had half as many residents.

"It is encouraging to see the number of traffic fatalities continue to drop, and the department will continue our efforts to educate motorists and aggressively enforce the traffic laws to create the safest possible driving environment," said DHSMV Executive Director Julie L. Jones. "Unfortunately, we know all too well the devastating impact that even a single fatality resulting from a careless, inattentive or impaired driver can have on a family and community."

The state is not alone in tooting the horn of aggressive enforcement. Other state are also pointing to proactive law enforcement measures as being partly responsible for the reduction. However, those claims ring a bit hollow in Florida, which is one of just a few states that have done nothing to combat text messaging or the use of cell phones by drivers.

"The Florida Highway Patrol is committed to patrolling Florida's highways around the clock, every day of the year, to safeguard motorists and stop dangerous drivers," said FHP Director, Colonel John Czernis. "Our law enforcement partners and public safety stakeholders also deserve credit for their efforts to keep our streets safe. Motorists can do their part when they buckle up every ride, every time."

The Centers for Disease Control and Prevention continues to report that car accidents are the leading cause of death for those ages 5 to 34.

Continue reading "Fewer car accidents in Florida but state still among the nation's most dangerous" »

Severe viral outbreaks are threatening the health and welfare of Florida nursing home residents, according to Florida Today.

The flu can spread through a nursing home like wildfire and can be particularly devastating to the older population. Sepsis and other bacteria or viral infections may also threaten the well-being of nursing home residents. A Fort Lauderdale nursing home neglect lawyer should always be consulted whenever a resident dies from a sudden illness in a Miami-Dade, Broward or Palm Beach county nursing facility. In many faces, such illnesses could have been prevented by an alert staff properly concerned about the welfare of residents.

Florida Today reports a husband who attempted to pick his 84-year-old wife up for Christmas dinner was told the facility was on a self-imposed quarantine because of a viral outbreak. Worse, the home would not tell him what kind of virus but said his wife, who has advanced Parkinson's disease, could not receive visitors during the holidays.

Last week, the 114-bed facility was adorned with orange signs asking visitors not to enter until further notice. The Florida Today reports the two-week quarantine was the result of a norovirus or stomach flu, which also impact seven other nursing homes and residential care facilities in the area.

The Brevard County Health Department said as many as 25 percent of residents were infected. Similar outbreaks have been confirmed in Palm Beach County, and Hendry County, according to the Florida Department of Health.

Continue reading "Viruses can be deadly case of neglect in South Florida nursing homes" »

Fifty-six people were killed in Florida car accidents over the holidays, according to the Department of Highway Safety and Motor Vehicles.

Our Fort Lauderdale car accident attorneys frequently report on the high risk of car accidents faced by South Florida motorists. Florida joins Texas and California as the states with the most fatal traffic accidents each year. And Palm Beach, Broward and Miami-Dade counties are the most dangerous areas in the state.

Reducing the risk of drunk driving accidents in West Palm Beach and elsewhere in South Florida remained a priority through the holidays. The Florida Highway Patrol reported arresting 474 people on drunk driving charges. In all, the patrol issued 40,677 citations through the 19-day holiday enforcement period.

"Our troopers worked hard to help our residents and visitors have a safe and enjoyable holiday period," said Col. John Czernis. "Motorists who operate their vehicles in an unsafe fashion are a danger that puts innocent lives at risk. The men and women of the Florida Highway Patrol did their part to identify the unsafe drivers and take the steps necessary to decrease that risk."

But the holiday driving season often just signals the beginning of the risk for Florida motorists. While we do not have to deal with the winter weather gripping most of the rest of the nation, the increased traffic wrought by tourists and winter residents is challenge enough to increase the risk of being involved in a serious or fatal car accident.

In fact, state accident statistics in 2009 show that the number of crashes in Florida peaked at 21,599 in March. April and May contained the next-highest number of crashes. Fatalities also peaked in March, at 224.

The patrol is also reminding motorists of the state's Move Over law, which requires vehicles to slow down and/or move over when approaching stopped emergency vehicles with activated flashing lights.

Aggressive drivers or suspected drunk drivers can be reported to the patrol by calling *FHP (*347) on your cell phone.

Continue reading "Risk of holiday traffic fatalities begins winter driving season in South Florida " »

When it comes to speaking to your teenagers about the dangers of West Palm Beach car accidents, parents can't start too early. In fact, Safe Kids USA is launching Countdown2Drive, which urges parents to start talking about driving safety with young teenagers ages 13 and 14.

Our Palm Beach child injury lawyers are all too familiar with the high risks faced by teenagers on the road, whether or not they are yet old enough to drive. The National Highway Traffic Safety Administration reports that car accidents are the leading cause of death for teenagers ages 15 to 20 as well as younger teens who are still anxiously awaiting their driving privileges.

Studies continue to show that frequent interaction with parents about driver safety can have a real impact. This latest program is designed for a captive audience.

"Our research shows teen pre-drivers are eager to learn, and they are focused on the freedom a driver's license and access to a car can provide," said Safe Kids CEO JOhn Formisano. "By preparing them to be good passengers, Countdown2Drive can help decrease the number of crashes and injuries that occur during their first and most dangerous year of driving. Motor vehicle crashes are the number one killer of teens, with driver inexperience and distractions among the main causes of teen crashes."

A 13 or 14 year old faces double the risk of dying in a car accident as the risk faced by a younger child. And that risk continues to grow throughout a motorist's teenage years.

More than 5,000 teen drivers were killed in car accidents last year and more than 350,000 teens are injured each year. About 1 in 10 of those fatal accidents occurred in Florida, where 516 motorists died that year in car accidents involving young drivers.

Authorities remain particularly concerned about the high numbers of teens who admit to text messaging or talking on the phone while driving. As we reported recently on our South Florida Injury Lawyer Blog, Florida is one of the few states that has not made it illegal for teenagers to text or use cell phones while driving.

"Texting and talking on cell phones may feel like second nature to a tech-savvy generation, but the truth is, no one can talk or text while driving safely," said U.S. Transportation Secretary Ray LaHood. "Driving distracted is a dangerous and deadly practice, which is why we need to reach teens early on - before they get a permit and a license to drive."

Parents can learn more about this latest program at Countdown2Drive.

Continue reading "New program aims to teach young teens about risks of car accidents in Boca Raton, West Palm " »

A Parkland woman is dead after her necklace became entangled in a neck massager, which apparently strangled her to death, the Sun-Sentinel reported.

Defective product injuries in Fort Lauderdale are much more common than most people realize. Whether or not this neck massager was defective, we cannot immediately say. Although it would seem self-evident that the design of such devices should take into account the virtual certainty that people will use them while wearing necklaces or other jewelry.

In this case, the 37-year-old woman, who was employed as a radiologist, was wrapping gifts on Christmas Eve while using a neck massager to relieve neck pain. It apparently caught her necklace, causing her to lose consciousness and stop breathing. She was found by her husband, who is a dentist.

The Broward County Medical Examiner has not yet released the cause of death. And, for whatever reason, the sheriff's office has refused to release the brand of neck massager or additional details.

While this is an extreme case of buyer beware, the fact is that hundreds of products are recalled each year for life-threatening defects and hundreds, or thousands, of others enter homes undetected.

Recently, the Consumer Product Safety Commission recalled 2.2 million space heaters sold by Wal-Mart because of the risk fire. The heaters include the Flow Pro, Airtech, Aloha Breeze & Comfort Essential Heaters. The heaters are grey with a metal handle on the top and vents and grey control knobs in the front. Wal-Mart sold the heaters for a decade.

The heaters were sold until October 2009 although it would be more than a year before the recall was finally issued in December 2010.

Continue reading "Lauderdale-area woman strangled by neck massager on Christmas Eve" »

The AAA Foundation for Traffic Safety reports that 1 in 10 teenagers admits to driving drunk in the last year and more than half of those admit to having done so more than once.

Boca Raton car accident attorneys understand the risks teens face behind the wheel. In addition to drunk driving, teenagers are at increased risk of speeding, aggressive driving, not wearing their seat belt, distracted driving and driving with too many passengers in the vehicle.

The risks associated with drunk driving cannot be overstated. The National Highway Traffic Safety Administration reports that someone is killed in a drunk driving accident every 45 minutes in this country. In 2009, alcohol was involved in 35 percent of Florida's fatal accident, contributing to the deaths of 904 motorists.

"Drunk drivers put everyone on the road in danger," said AAA Foundation President and CEO Peter Kissinger. "Driving is both a privilege and a responsibility. Exploring new technologies, such as interlocking devices, are important to ensuring public safety in conjunction with personal responsibility and law enforcement."

The study found near-universal support for requiring those convicted of a repeat DUI offense to use ignition interlock devices, which test a driver's breath for the presence of alcohol and will not permit a car to start if alcohol is detected. Nearly 7 in 10 Americans support mandating the devices for all DUI offenders, including those convicted of violating the state's drunk driving laws for the first time.

AAA offers a pledge to avoid drunk driving, available here.

Continue reading "Teens at high risk of drunk driving accidents in Boca Raton, West Palm Beach" »

If you want to get serious about leaving your cell phone alone while driving, there's now an app for that. Options Media Group, a Boca Raton company, has launched PhoneGuard, which is an anti-texting software that deactivates your phone's keyboard while inside a moving car.

Boca Raton injury lawyers understand the dangers caused by distracted driving. We urge you to get serious about the dangers of distracted driving and to make a pact as a family to put the phone down and drive in 2011. The National Highway Traffic Safety Administration reports about 5,000 people are killed and 500,000 injured each year in car accidents caused by distracted driving.

Florida is one of the few states that has not yet outlawed text messaging and/or cell phone use by drivers.

The Palm Beach Post reports that PhoneGuard works by using GPS and satellites to track a phone's speed and location. Once a vehicle reaches 10 mph, the app eliminates a phone's ability to text, e-mail, surf the web or instant message.

Senders of incoming messages are even notified that the recipient is busy driving and cannot immediately respond.

"It's an important time for this product because we are all guilty of texting and driving," said Scott Frohman, the CEO and chairman of Options Media and PhoneGuard. "It's time to get back to paying attention to the road and get away from distracting devices."

The application also has Speed Alert, which can notify a parent or employer when the phone, and thus the vehicle and the phone's owner, are traveling over a certain speed. The program will send a text message and a map, providing both the location and the speed.

TimeOut is another feature that permits for the control of the hours in which surfing the web, texting and e-mailing are allowed.

The application is available for Blackberry and Android phones and is expected to be available next month for iPhones and Windows mobile devices.

Continue reading "Reduce your risk of Boca Raton car accident caused by text messaging -- there's an app for that" »