South Florida Injury Lawyer Blog

As the end of the year draws near, families and friends across the country will be venturing out for holiday gatherings. This is a great time to talk to the teen and older adult drivers in your life about safe driving habits. These two age groups are the most at risk for a car accident in Boca Raton.

According to the Centers for Disease Control and Prevention, car accidents are the number one cause of death for teenagers across the country. About one out of every three deaths are the result of a traffic accident. In 2009, there were about eight teens between the ages of 15- and 19-years-old who died each day because of motor vehicle accidents.

Per mile driven, this age group is four times more likely to die in an accident than older, more experienced drivers. Luckily, these accidents are preventable and before the holiday traffic speeds in, you're urged to talk with the young driver in your life about the risks, dangers and consequences they'll be facing on our roadways.

Our Boca Raton car accident attorneys understand that the number of motor vehicle accidents spike significantly during the end of each year and during the holidays. This is because so many residents are out attending family gatherings and because tourists and seasonal residents flock to our state for their holiday destination. Families are urged to talk with teenage and older drivers as they're the most at risk for an accident. Reiterate the importance of safe driving habits with them before it's too late.

There were roughly 3,000 teenagers who were killed in the U.S. in 2009 because of car accidents. Another 350,000 were injured during this time. Although these young drivers account for less than 15 percent of the country's population, they racked up a bill of about 30 billion of the state's costs for all traffic accidents.

Older adult drivers are at some of the same risks as teen drivers. About 500 older adults are injured because of traffic accidents every day. More than 5,500 of these drivers were killed in 2008. Another 183,000 were injured during this time. This means that nearly 20 were killed and another 500 were injured every day.

Once a driver hits 75-years-old, their fatal accident rates increase significantly and skyrocket at age 80.

Teen drivers and older adult drivers should be cautious on our roadways through the holiday season. Loved ones are urged to talk with these drivers about evening driving. When it gets dark, these drivers face a significant increase in their risks for an accident. During this time, teens are likely to overlook the dangers that are lurking on our roadways, while older drivers may be unable to see these hazards because of deteriorating senses. Help to accommodate both groups of drivers to keep them off of our roadways during this time.

No one should be engaging in distractions behind the wheel, but especially teenage and older adult drivers. Distractions contribute to about a third of all fatal accidents. Make sure drivers know their destination, how to get there and leave with plenty of time to spare. These tips will allow your loved ones to concentrate on the roadway instead of maps or GPS devices and will allow them with plenty of time to avoid rushing.

Discuss road signs and speed limits with your loved ones as well to make sure that they understand what's expected of them behind the wheel.

Continue reading "Teenagers and Older Adult Drivers Face Serious Risks for Car Accidents in Boca Raton through Holidays" »

"The holidays are a time for celebration but we cannot forget safety behind the wheel," said Col. David Brierton, Director of the Florida Highway Patrol.

According to the National Highway Traffic Safety Administration, there were more than 2,500 car accidents in Boca Raton and elsewhere throughout Florida in 2009. Thirty percent of these accidents, or nearly 800 drivers, were legally drunk behind the wheel during the accident. To help reduce the risks of drunk driving accidents and other careless crashes on our roadways, law enforcement agencies will be covering our roadways through the holiday season and throughout the rest of the year. After all, Florida placed 4th on the list for having the worst drivers in the nation.

Our Boca Raton car accident attorneys understand that Florida officers issued more tickets than any other state in the country. According to CarInsuranceComparison.com, the state of Florida not only ranked in last place for ticket issued, but also in 40th out of all 50 states for having drivers who obey traffic devices. As if that isn't bad enough, our state ranked in at second to last for having careless drivers, landing us with the 4th worst drivers in the U.S.

The study that ranked drivers around the country was conducted by the National Highway Transportation Safety Administration (NHTSA), Mothers Against Drunk Driving (MADD) and the American Motorists Association (AMA). These organizations compared their accident statistics, including tickets issued, fatal accidents, DUI accidents, etc. States with poor driving records typically see more accidents and higher insurance rates.

As northern weather gets colder and colder, more people will make Florida their vacation destination. Vacationers and seasonal residents flock to the heated peninsula to escape the wicked winter weather. With more visitors, we see crowded roadways. With more crowded roadways, we see more serious accidents. Drivers are urged to be extremely cautious during their travels to help to avoid an accident.

The FHP will be using the holiday season to search for irresponsible drivers on our roadways.

"It's obviously a time when most people are off and they're going to be out partying and having fun over the holiday period," said Capt. Tim Culhane. "We want everyone to get home and get home safely."

According to FHP records, nearly 60 percent of fatal accidents that happened during the New Year's holiday period in 2009 were alcohol related.

Drivers are urged to review and practice these safe driving tips from FHP:

-Get plenty of sleep before venturing out on a holiday road trip.

-Leave with plenty of time to spare to avoid aggression behind the wheel as well.

-Know the speed limit, seat belt and cell phone laws in the states that you'll be visiting.

-Curb all distractions. This not only includes cell phones and text messaging devices, but eating, smoking and grooming behind the wheel.

-Perform a routine checkup on your vehicle before heading out.

-Never drink and drive.

-Make sure everyone in your vehicle is always buckled up. Drivers are responsible for buckling in those under the age of 18. Occupants 18 or older can be fined for not wearing a seat belt. Violations cost more than $100 in addition to various legal assessments.

Florida may not have the country's best drivers, but with a conscious effort we can all do our part to turn these statistics around. Happy Holidays and safe travels!

Continue reading "Florida Drivers Rank in Top 5 for Poor Habits and Excessive Car Accidents in Boca Raton and Elsewhere" »

As the holiday season gets underway, shoppers will be heading out to snag some deals to wrap up and put under the Christmas tree this year. We urge consumers to check out the latest safety recall list from the Consumer Product Safety Commission before purchasing goods for your friends and family. Many common products and gifts can be hazardous and result in child injury in Boca Raton.

Our Boca Raton child injury attorneys continue to emphasize defective products and injuries as we head into the holiday season. We urge consumers to check the CPSC recall list often to ensure you provide your family with safe gifts. Here are some of the latest child product recalls. You're urged to visit the Commission's website to view the entire list.

All-Terrain Vehicle by Arctic Cat

Manufacturers have discovered that nearly 1,500 of its ATVs are dangerous for children because the steering tie-rod can bend and cause the driver to lose control. Incidents have already been reported. The recalls include all 2011 Arctic Cat XC 450 ATVs and some 2012 Arctic Cat XC 450 ATVs. The 2012 models that have been recalled include the VIN number of 700101 through 700230 and 6V0101 through 6V0178. These numbers are located under the front bumper. They were sold at Arctic Cat dealerships since February of 2011. They cost between $6,500 and $6,900.

Wind Tech Jackets by Boy Scouts of America:

These jackets have been recalled because they pose a strangulation hazard to children. More than 5,000 have already been sold. Their retractable cords have been deemed dangerous. These jackets were sold in children's sizes and are nylon with a polyester lining. They're long-sleeve with a full zipper front and a Cub Scout emblem on the upper left chest area. The SKU numbers of the affected jackets are 73291, 73292 and 73293. These numbers are located on the hangtag that are attached to the jacket at retail. They were sold at Boy Scouts of America store and on its website from November of 2009 to July of 2011. They were sold for about $32.

Drop-Side Cribs by Dutailier Group Recalls

More than 400 cribs have been recalled because the drop side can come loose from the rails and create an unsafe area between slats. Infants can get caught in this space, causing a strangulation and suffocation hazard. This malfunction can also cause a child to fall from the crib. Part numbers that fall under this recall are E9100C2, E9000C2, E5530C2, E5140C2, E5100C2, E3540C2, E3500C2, E1230C2. The cribs were sold at children stores from January of 2009 to February of 2010. They cost anywhere from $425 to $775.

Magnetic Sketchboards by Battat

Battat has recalled its Toulouse-LapTrec magnetic sketchboards. There were nearly 100,000 sold in the U.S. and another 4,300 in Canada. The tip on the pen can detach and serve as a choking hazard for small children. Nearly 20 incidents have been reported. The models under the recall are BX1027 and BX1026. The items were sold in Target stores around the country from March of 2010 to March of 2011. They were sold for about $16.

Consumers are urged to visit the CPSC's recall list frequently. It's especially important that you do so before hitting the stores for your holiday shopping. Knowledge pertaining to recalls can help to prevent a needless injury.

Continue reading "Check the CPSC Recall List before Holiday Shopping to Prevent Child Injury in Boca Raton" »

School can be a dangerous. Every day, there are students and teachers injured from accidents at school in Palm Beach.

A new campaign from Palm Beach County school officials, called "Safety Matters," is trying to reduce the risks of these accidents. Through the campaign, school officials are urging educators to perform regular fire drills and playground inspections -- it also seeks to report all accidents, according to the Sun Sentinel.

Schools report that they don't provide compensation for claims that can't prove that the school's negligent behavior caused the accident. Parents across the county are concerned for their child's safety and want to be ensured that their student is learning in a safe environment.

"Parents have said, 'If it leaves a mark, I probably need to know about it,'" said Linda King, the risk and safety manager for the school district.

Our Palm Beach child injury lawyers understand that parents expect school teachers and administrators to provide a safe learning environment for their children. Educators should be trained in not only how to prevent school-related injuries, but also how to effectively handle them should one occur. The new campaign was launched after local schools reported an increase in the number of campus injuries from the previous school year.

The most school accidents ever were reported in 2010. These accident reports are now kept on an online system, whereas before they were kept on paper and filed away unless they were needed to file legal claims.

An accident can happen anywhere. There are ways teachers can help keep students and themselves injury free. Floors should be free of debris and trip hazards, sharp objects should be removed from the classrooms and all children should be supervised at all times.

Recently, the Sun Sentinel looked through the student accident reports and workers' compensation information from eight schools from 2010 and 2011.

Accident reports at local schools:

-J.C. Mitchell Elementary School: Nearly 130 accidents.

-Boca Raton Middle School: 70 accidents.

-West Boca Raton High School: 60 accidents.

-Eagles Landing Middle School west of Boca Raton: More than 20 workers' compensation claims.

In the 2010 and 2011 school year, the school district spent nearly $15 million on workers' compensation claims. Student-related accidents resulted in 170 insurance claims during the same year. This is seven more than the previous school year. The school district has roughly 174,000 students.

Accidents involving students don't always result in a compensation payout, according to King. The school district will only provide compensation for the accident if it can be proven that it happened because of the school's negligence.

There were more than 40 schools built in the area since 2000 and another 50 modernized since then. Many of these buildings reported safety violations. However, reports indicate these violations have dropped by nearly 95 percent.

Continue reading "Officials Report Increase in School-Related Accidents in Palm Beach County" »

Three people have died and two others were injured in Florida boating accidents during the recent Key West Super Boat World Championships. This past weekend proved to be offshore powerboat racing's deadliest week.

The most recent accident happened as world championships in 12 boating classes were being decided. Tributes were being paid to the three boaters who died earlier in the competition, according to The Miami Herald.

Most of us do not engage in boat racing. But the beginning of the winter season is an important reminder of the need to stay safe on the water. Our West Palm Beach boat accident attorneys understand that Florida witnessed the most fatal accidents in the United States in 2010. Florida's weather attracts people to the water all year round. Without formal boating education and without the proper safety measures, boating accidents occur all too often of our shores.

"It was tough for all of us, really, to get in the boats. But at the end of the day, I think as a group everybody felt that's what they would have wanted, was for us to go race," said Team CRC's throttleman Mike DeFrees.

The last accident happened when the 46-foot catamaran with four 1,200-horsepower engines leaped into the air after hitting a wave, flipped and slammed upside down in the water.

The previous fatal accident happened when the 28-foot Skater with twin 850-horsepower engines took a turn too quickly. The occupants of the boat rolled and both were killed. They died at Jackson Memorial Hospital in Miami.

"I'm always up for more safety improvements," said Superboat Unlimited class winner Randy Scism. "We need to look at it (the accidents) and learn from them."

According to the Florida Fish and Wildlife Conservation Commission, there were nearly 942,000 registered vessels in the state in 2010. Florida ranked number one again for having the most registrations. Officials believe that there are another million vessels on our waters that are not registered.

In 2010, there were nearly 700 boating accidents reported in our state. Out of these accidents, nearly 80 fatalities were reported and another 390 injuries. The number one cause of death in boating accidents was drowning, accounting for more than 60 percent of fatalities. About 80 percent of fatality victims were male.

Even though there are about 942,000 registered vessels in the state, fewer than 22,500 Boating Safety Education IDs were issued in 2010.

Florida's most dangerous counties for boating accidents in 2010:

1.) Monroe

2.) Miami-Date

3.) Palm Beach

4.) Pinellas

5.) Lee

6.) Broward

7.) Brevard

8.) Bay

9.) Collier

10.) Okaloosa

Of the 2010 boating fatalities, about 90 percent were experienced by Florida residents. About 90 percent of the victims were male. We ask boaters to be cautious on our waterways. As tourists and seasonal residents flock to our shores, congestion is sure to increase on the water. Keep safety as a top priority and consider taking a formal boating course to freshen up your skills.

Continue reading "Boating Accidents at Key West Boating Championship Illustrates State's Waterway Dangers" »

Just two months ago, the Florida Department of Transportation held a week-long campaign to help raise awareness about drowsy driving and the increased risks for related car accidents in Boca Raton and elsewhere. Now the National Sleep Foundation and the AAA Foundation for Traffic Safety have teamed up to create a nationwide campaign, ongoing all this week. During Drowsy Driving Prevention Week, these organizations are spreading the word about this common and dangerous driving habit, helping motorists to recognize it and sharing tips on how to prevent it.

Our Boca Raton car accident attorneys support these efforts, and ask you to take note to help us all stay safer on the roads of South Florida. Simply put, sleepy drivers put people in danger. A recent study from AAA reveals that about a third of drivers admitted to driving while drowsy at least once in the last 30 days. This statistic is alarming considering how more than 95 percent of drivers believe that this driving habit is completely unacceptable. Perhaps this is a case of drivers judging the skills and habits of others without first looking at their own habits.

Drowsy driving-related car accidents are more common than you may think. Every year, more than 1,500 people are killed on our roadways because of these types of accidents. Another 71,000 are injured in accidents involving a drowsy driver. Drowsy driving-related car accidents account for more than 100,000 traffic accidents every year.

"Drowsy driving is a major traffic safety problem that, unfortunately, is largely unrecognized. We need to change the culture so that drivers recognize the dangers, appreciate the consequences and most importantly, stop driving while sleepy," said Peter Kissinger, CEO and president of the AAA Foundation.

Drowsy driving is just as dangerous as distracted driving and drunk driving, yet people don't see it as such a serious problem. If you're sleepy behind the wheel, you could easily fall asleep for a few seconds, basically be completely unconscious, and keep traveling without even knowing it.

AAA believes that drowsy drivers contribute to about one out of every six fatal accidents. The age group with the drivers who are most likely to drive while drowsy are those 16 to 45. People in this demographic readily admit to driving while drowsy at least once a week.

Sleepiness can:

-Slow a driver's reaction time.

-Delay the ability to process information.

-Cause lapses in judgment.

-Impair their vision.

When a driver is sleepy at the wheel, it is not unlikely for them to go into a 3- to 4-second micro-sleep without realizing it.

To help prevent drowsy driving, drivers are urged to:

-Get seven hours of sleep or more before making a long road trip.

-Avoid driving during times when you would normally be sleeping.

-Drive with a friend. Switch driving duties if needed.

-Stop and take a break every two hours or every 100 miles.

-Never try to power through sleepiness. This may be one of the most dangerous moves a driver can make.

Continue reading "Drowsy Driving Prevention Week Raises Awareness of Increased Risk of Car Accidents in Boca Raton and Elsewhere" »

The U.S Consumer Product Safety Commission (CPSC) recently warned us of the dangers of defective Halloween costumes but the concerns don't stop there for parents, guardians or caretakers this time of year. The holidays are fast approaching and soon it will be time to start thinking about what gifts and toys to buy for our little ones this holiday season.

Several recent CPSC toy recalls have been a reminder of just how many dangerous toys are on the market nowadays and that several can cause a severe injury to children in Bonita Springs, Lehigh Acres, Cape Coral or elsewhere in Florida.

Boca Raton defective toy product attorneys know that manufacturers have a responsibility to test and certify toys and children's products that are being put on the market for retail and when they don't comply with federal standards it can be downright deadly for a child. Children are most at risk of choking accidents but can also be subject to falls, fractures, bruising, burns, suffocation and poisoning.

In 2008, the CPSC reported 19 deaths related to defective toys for children 14 years-old or younger. The most common causes of toy-related deaths for children in 2008 were from airway obstruction, drowning and incidents on riding toys.

There were over 235,000 toy-related injuries severe enough to be treated in a hospital emergency room in 2008 which was almost 6,000 higher than the 3-year average from 2006-2008. Almost half of injuries treated were to the head and face and 47 percent of injuries were classified as abrasions, contusions or lacerations. Thirty-five percent of the children treated at the hospital were under age 5.

In order to improve child product safety and catch some of the hazards and defects before they get distributed to the market, the CPSC recently announced new third party testing and certification rules.

Manufacturers, labelers and retailers will now be subject to third party testing to ensure children's products meet safety standards prescribed by the Consumer Product Safety Improvement Act of 2008. They will also be required to keep up-to-date records on file for testing and certification, and undergo a re-test and re-certify process for any product that changes design, the source of its components or has changes made to the manufacturing process.

Consumers who are purchasing a toy for a young child this holiday season should keep in mind the dangers it could cause to the child's health. To check if a product has been recalled for choking, fall, burn or other hazards, visit Toy Hazard Recalls.

Florida PIRG wants to remind parents, guardians, caretakers or other consumers that there are resources out there to help with holiday toy shopping. Use their interactive smart phone website while you shop to check on a recalled product, get tips about toy shopping or what hazards should be considered before you buy.

Continue reading "Fort Lauderdale Parents Concerned About Dangers of Defective Toys During the Holiday Season" »

Earlier this year, the American Academy of Pediatrics made new recommendations for parents to keep children in rear-facing safety restraints until age two or until they reach the maximum height or weight restrictions designated on the car seat dictated by the manufacturer.

Our Fort Myers injury lawyers know that booster seats and child safety seat restraints are a child's only saving grace in most Naples car accidents involving small children riding in the vehicle. Annual testing for crash protection and perfect fit becomes all that more important in determining which products are the most recommended by the experts and will keep your children injury-free if an accident occurs.

The Insurance Institute for Highway Safety recently rated booster seats to help parents whose children have grown past the rear-facing and forward-facing car seat phases, feel more at ease for their child's safety while riding in a vehicle.

This year's list is comprised of a record high 31 'best bet' seats which typically range in price from $15 to several hundred dollars. A child booster seat is classified as a 'best bet' when the seat belt fits appropriately in any car, SUV or minivan for a child between the ages of 4 and 8 years-old. Five seats were added to the list as 'good bets' and six others were not recommended at all.

Booster seat ratings began in 2008, deeming only 10 'best bets' that year. Last year, 21 seats were classified as a 'best bet'. Seats were rated on belt fit, not how they performed in a crash test. Booster seat manufacturers have begun using the Institute's test protocols to update and improve the design which has had an impact on rating the last few years.

In order to evaluate, a test dummy representing the height and weight of a 6 year-old is used. Engineers measure how the shoulder restraint and lap belt fit the dummy in each seat. The lap belt should be positioned on a child's upper thigh while lying flat across the leg. The shoulder strap should lie across a child's shoulder. When positioning is too high or too low it usually translates to a child moving it behind their head or below their arm because it is uncomfortable to leave it in its current position.

Some parents like the advantage of purchasing a dual-use booster. However, parents need to be careful because some dual-use seats are rated 'best bets' in one mode but when you change it over to the other mode it isn't rated as high. For example, the Evenflo Big Kid Sport is rated 'best bet' for the backless mode but receives a 'check fit' rating for the highback mode. The Harmony Dreamtime is the only dual-use seat on the market that received a 'best bet' rating for both modes. The Combi Kobuk Air Thur received a 'good bet' rating for both the backless and highback modes.

Consumers are urged to check model numbers and manufacture dates when using the Institute's ratings because some booster seats are redesigned or refurbished and use the same name but aren't rated the same as before after the changes are made.

If you need to review child restraint seats matched up to the recommended age and weight requirements, visit Healthy Children online for more information.

Continue reading ""Best Fit" Rating Doesn't Measure Crash Protection in Fort Myers Car Accidents Injuring Small Children" »

State officials recently conducted school bus safety week October 17-21 as a reminder to motorists to use extra caution during morning and afternoon commutes to avoid a collision causing serious injuries from a school bus accident in Fort Myers.

A recent bus accident in St. Johns County is an example of how morning commutes can be tricky and sometimes difficult to see a stopped school bus. Motorists need to avoid distractions so that every bit of focus can be placed on the roadway and other vehicles. First Coast News reports 13 elementary students were delayed getting to school when a Honda Accord hit their school bus from behind.

The school bus was idle with lights flashing and stop arm stretched while picking up children when the driver in the Accord failed to see the bus due to sun glare. The driver attempted to swerve at the last minute which could have made the accident potentially more dangerous but instead hit the rear of the bus where his vehicle became wedged under the back end. The bus driver had to be taken to an area hospital, but no children were hurt in the accident. The driver of the vehicle was cited for careless driving.

Boca Raton school bus accident attorneys know how easy it is to get distracted during commutes to and from work but as traffic congestion begins to pick up with holiday shopping and tourist season right around the corner, motorists need to stay attentive. A collision with a school bus or other passenger vehicle can be harmful to small children and put several people at risk of injury.

The Florida Department of Highway Safety and Motor Vehicles reports that school buses are illegally passed by Florida motorists almost 2 million times annually and roughly 8,900 illegal pass-by's occur daily. Knowing when it is permissible to pass can reduce the risk of injury for children getting on and off the bus.

The Stop on Red, Kids Ahead campaign is meant to create awareness and educate motorists of the law when approaching a school bus. Florida law requires that all drivers must stop when approaching a school bus from behind or head-on when the bus has flashing lights and has the stop arm extended. The moving violation will result in the following penalties:
-Left hand pass: $165 penalty for the first offense. Any other offense within five years will result in $165 fine plus loss of driver's license for 3 to 6 months.
-Right hand pass: A penalty of $265 will be assessed for a first offense and subsequent offenses within the next 5 years. A second or subsequent offense will also require a mandatory hearing and be subject to license suspension for a minimum of 6 months up to a year.
-Violators will be required to take a driver improvement course within 90 days of receiving notice or risk having their driver's license canceled.
-Any motorists making an illegal pass on the right or left will have four points added to their license. Stiffer points will be assessed for multiple violations within 3 years of committing the first offense.

Motorists are reminded of a few common sense safety tips while driving when school is in session. Always be watchful for children, bicyclists or pedestrians in school zones. Be mindful that school zones have lower travel speeds. Never pass another vehicle in a school zone or crosswalk. Finally, never talk or text or allow other distractions to affect your driving in a school zone or otherwise congested area.

Visit online for a variety of helpful resources or a School Bus Safety Week Toolkit.

Continue reading "School Bus Stop Arms and Flashing Lights an Indicator to Stop or Risk Child Injuries in Fort Myers School Bus Accidents" »