South Florida Injury Lawyer Blog

Nearly everywhere they turn, children encounter a barrage of advertising on everything from energy drinks to jeans.

But upcoming legislation that proposes to embellish Florida school buses with these kinds of images creates the potential for distractions that could lead to school bus accidents in Fort Lauderdale and elsewhere in the state.

Think bright yellow school buses with ads for the latest in teen fashion gear or hottest new television shows.

It's already a reality in 15 other states, and now it's poised to happen here, according to a recent report by The Palm Beach Post.

It's called HB 119, and the newspaper reports the House Education Committee approved the measure, hoping to boost school district coffers across the state by an estimated $100 million.

Proponents of the bill argue it could help the struggling education system by helping to foot the bill for student transportation costs.

Democratic Rep. Irv Slosberg of Boca Raton was quoted as saying that ads on school buses could be a creative alternative to the possibility of laying off teachers, making more students walk to school or increasing fees and taxes.

The problem our Boca Raton school bus accident attorneys have is that distractions are a huge factor in crashes across the country. In fact, distracted driving accounted for nearly 5,500 deaths in 2009 and another estimated 450,000 injuries on U.S. roadways.
No doubt, the ads will be eye-catching.

But motorists' eyes should be glued to the road. Particularly in school zones and around school buses.

According to the National Highway Traffic Safety Administration (NHTSA), an average of 140 children die every year in crashes while on their way to and from school.

Of the young pedestrians killed in school transportation crashes, two-thirds were struck by the bus and about 27 percent by the other vehicle. Nearly half of those victims were between the ages of 5 and 7.

Some lawmakers at a recent committee hearing debated whether school buses were an appropriate venue for such advertisements, especially given what they are already exposed to at such a young age.

Our Fort Lauderdale school bus accident attorneys believe that aspect of the issue is best left to parents to hammer out. However the safety of our students should be everyone's concern.

Often, child fatalities in school bus accidents are caused when other vehicles are involved. Advertisements pose particular distraction risks to other drivers and student pedestrians.

While Florida lawmakers continue to debate HB 119, we encourage you to talk with your young children about the following school bus safety tips, provided by the NHTSA:

--Arrive at the bus stop five minutes prior to the bus' scheduled

--When the bus gets close, take at least three big steps (6 feet) back from the curb, and form a line away from the street.

--Wait for the bus to stop, the door to open and the driver to give the Ok before you try to get on the bus.

--If you have to cross the street in front of a bus, make sure you are walking on the sidewalk or on the side of the road and make sure you are at least five big steps in front of the bus driver so they can see you and you can see them.

--Make sure you use handrails to avoid falling. When you're getting off the bus, watch that clothing that has drawstrings or book bags with straps don't get caught in the doors or rails.

--Never walk behind a bus.

--Tell the bus driver if you drop something and need to pick it up. Don't try to do it yourself, because there's a chance the driver might not see you.

Continue reading "Ads on Florida School Buses Pose Crash Risks in Miami, Elsewhere" »

Long distance love is no easy feat.

Trying to care for an aging parent from hundreds or possibly thousands of miles away - that's even tougher, as an increasing number of Americans are learning.

Our Boca Raton nursing home abuse and neglect attorneys understand that decision of whether to place your parents in assisted living can be gut-wrenching. The logistics of that decision are made all the more difficult when you're trying to work it all out from far away.

The Washington Post recently chronicled the struggle of Kristy Bryner, an Oregon woman whose aging parents live in Ohio.

"I feel like I'm being split in half between coasts," the 54-year-old Bryner told the newspaper. "I wish I knew what to do, but I don't."

Americans are living longer and as the Baby Boomer generation ages, this is becoming a growing concern for millions. Compounding this issue is that while the number of people who are aging will be ballooning exponentially over the next 20 years, the number of younger people will remain about the same. That leaves less people to oversee the care of the aging population.

Unfortunately, that can lead to nursing home abuse and neglect in Boca Raton and beyond.

According to the National Institute on Aging, approximately 7 million people are caring for elderly relatives from afar. The economy amplifies this trend, with people desperate to accept whatever work is available, even if it means relocating across the country.
Many insist on regular phone conversations to keep up with their parents or older relatives. This can provide some comfort, and ever-expanding technology can make it even easier, with the advent of Skype or FaceTime video chats that allow younger relatives to actually see what is happening in the lives of their older loved ones.
But the concern is always lurking.

"Someone needs to check on her, someone needs to look out for her," Bryner said of her mother. "And the only someone is me, and I don't live there."

The state's Agency for Health Care Administration (AHCA) provides a nursing home guide that can help local and long-distance caregivers to research nursing homes not only by geographic location, but also by special features, such as language considerations, payment forms accepted, financial status and inspection ratings.

Having this kind of control can be a great comfort to both caregivers and their loved ones - and it's smart to know all you can about the nursing home's quality of care before considering it as a permanent living situation.

In order to help caregivers select the best care for their loved ones, the AHCA advises the following steps:

-Prioritize the needs. Medical care requirements vary greatly from patient to patient. Some require very basic assistance, while others need more specialized care. Ask around to friends, family, health care professionals and others to see what kind of care worked for them - and maybe also what didn't work.

-Visit the nursing homes. Even if you live far away, this is an important step. Make one visit that is announced and another that is not announced. Note the cleanliness of the facility, the condition of the residents there and how the staff treats the patients.

-Interview the staff. Ask them about when the site was last inspected, what kinds of special training does the staff have, what are the transportation arrangements, what sort of limits are placed on the use of restraints, what are the social programs offered and what the ratio is per nurse and nurse's aide to patients.

Continue reading "Selecting a Nursing Home from Afar Poses Challenges in Boca Raton, Beyond" »

A bill that proponents say is intended to curb auto accident insurance fraud is gaining steam in the Florida House of Representatives, with Gov. Rick Scott firmly behind the measure.

It's known as HB 119, and it's something to which every motorist should be paying close attention because if it passes, it's likely to negatively impact your rights as a patient and a citizen.

It comes down to this simple fact: Florida lawmakers are preparing to give a handout to hospitals and insurance companies, at the expense of accident victims.

Under the proposed bill, drivers involved in a car accident in Boca Raton or elsewhere in the state would not only be required to seek medical treatment within 72 hours, but that treatment would be required to be provided by a hospital - and only with select few doctors who would be, of course, approved by the insurance company.

Chiropractors and massage therapists would not be considered appropriate medical professionals to treat accident victims, under the new legislation, according to a recent report by The Miami Herald.

This takes the decision out of your hands.

You have a right as a consumer, a patient and an American to obtain medical treatment as you see fit.

By requiring auto accident victims to obtain expensive and potentially unnecessary treatment, lawmakers would be lining the pockets of the health care and insurance industries, with blatant disregard for the choices of the consumer. In other cases, they would be denying an accident victim necessary medical treatment.

Champions of HB 119 bill claim that insurance fraud is a huge problem that is propelling everyone's insurance rates skyward.

At a rally earlier this month, Gov. Scott hyped a crowd of about 100 supporters convened at a press conference, saying Floridians are tired of scammers and attorneys taking advantage of consumers. HB 119 would also cap attorney fees.

But of course those in the insurance and medical industries would want to cap attorney fees - personal injury attorneys are the ones who go up against these behemoth companies to fight for YOUR rights. Our Fort Lauderdale car accident attorneys make sure you are properly compensated in the event of an accident. By attaching the attorney fee issue to the legislation, lawmakers are also attempting to make it awkward for attorneys to protest the bill on behalf of accident victims.

Here is the truth you won't hear from the insurance companies: While insurance fraud should be a concern for all consumers, it comprises only a very small percent of overall auto insurance claims.

Rates for consumers do continue to climb, but that's more because the insurance companies want more money, not because the industry is struggling.

If the industry was in such dire straits, how is it they can afford huge advertising budgets and continually solicit new customers at initially lower rates (only to jack them up later)?
As it stands now, registered drivers in Florida are already required to purchase $10,000 of personal injury protection (PIP) insurance. This basically means that no matter who is at fault in a Florida car accident, the person's own PIP will pay for their medical expenses and lost wages.

Saying no to this measure is about saying yes to choice. You have the right to decide whether you need medical treatment following an accident. If you do choose to seek medical treatment, you deserve to have the right to decide what form that will take.

We believe you deserve better than HB 119.

To contact your house representative, and urge them to vote NO on HB 119, visit http://www.myfloridahouse.gov/Sections/Representatives/representatives.aspx.

Continue reading "Bill to Combat Florida Auto Accident Fraud Would Diminish Patient Rights " »

A young Florida boy lost both his father and grandmother earlier this month in a horrific crash just a few hours north of Naples.

The Tampa Bay Times reported the 6-year-old survived the tragedy, in which his relatives drowned after the family's sport utility vehicle rolled over into a canal.

As the water flooded into the vehicle, the child was pulled to safety. He then watched, desperate and helpless, as the vehicle sunk, two of those closest to him inside.

While investigators continue to try to learn what happened, this devastating accident spotlights how critical it is for motorists in South Florida and throughout the state to drive with the utmost caution around our many bodies of water.

Pristine beaches and serene waterways are a magnet not just for tourists, but for the millions of people who call Florida home.

But our Naples car accident attorneys know that like most aspects of nature, behind that beauty are hidden dangers, particularly for auto travelers.

As Florida is a peninsula, it is surrounded by water. But in addition to the Gulf and Atlantic coasts, Florida drivers must be cautious when navigating in areas with nearby lakes and intertwining canals. In South Florida, for example, the city of Cape Coral has more than 400 miles of inland canals, which have been the site of a number of submerged vehicle accidents - too many of those with deadly consequences.

The tragic case out of North Florida illustrates why drivers must use extreme caution.

According to the Times, the boy's grandmother was driving northbound on Shoal Line Boulevard when she began to drift to along the shoulder. Troopers say she over-corrected, crossed into the south lane and plunged into a nearby canal, where it became overturned and sunk.

After emergency crews pulled the child safely from the wreckage, they tried to save his father and grandmother. Sadly, they did not survive.

The newspaper reported the boy's mother is in prison, so his 26-year-old brother assumed custody of him.

The Florida Department of Highway Safety and Motor Vehicles reports that when motorists crash into water, panic quickly sets in. But it's important to keep your cool.

Our South Florida car accident attorneys urge you to heed the following tips to improve your chance for survival in a submerged vehicle:

--Always wear your seat belt. This will ensure that you will be kept in place during the initial impact. Some people worry they will not be able to free themselves from the seat belt if they crash into water. But this isn't true. Further, not wearing your seat belt puts you at risk for head injuries. If you lose consciousness, you can't help yourself or your passengers.

--Try not to panic.

--Unbuckle your seat belt.

--Check on your other passengers, and unbuckle them too.

--If the vehicle is sinking slowly, roll down the window. You should be able to crawl out the window and swim to safety.

--If you are sinking rapidly, you need to wait for the water pressure inside the vehicle to equalize. Stay calm. Allow the vehicle fill with water. Take off your shoes and any other bulky clothing items. When the water is half way up the window, begin rolling down the window. When the water begins to rush in, try your best to stay in the air pocket at the top off the car. Then take a breath of air and swim to safety.

--Keep a hammer in your vehicle. If you have electronic windows, you may not be able to roll them down. Having this tool within reach could be your best option for survival. It probably won't work on the front windshield, but it may work on the back or side windows. Swing at the bottom of the window, and push out.

Continue reading "Two Die When Car Crashes Into Florida Canal; Learn How to Improve Your Changes for Survival in a Sinking Car" »

Cell phone use in cars is quickly becoming a hot topic of debate in Florida.

Lawmakers continue to wrestle with whether the state needs tougher mandates to prevent distracted driving crashes.

In particular, strong opinions are being expressed on the issue of whether texting behind the wheel should be outlawed.

Florida is one of the few hold-out states on the issue. Thirty-nine others have passed some form of restrictions on sending texts while driving.

Our West Palm Beach car accident attorneys know that sometimes it's impossible to avoid a traffic crash. But we also understand that texting in the driver's seat has been known to increase the risk of a crash by 23 percent, according to the U.S. Department of Transportation.

The Miami Herald recently reported that a bill to ban Florida motorists from texting is gaining momentum, Just this month, it was approved by a second state senate committee. That means it has just one more stop before landing on the senate floor for final debate.

It's the third time such a bill has been brought before Florida legislators. Previously, support for two similar bills fizzled.

Meanwhile, a similar bill in the state house of representatives is moving a bit slower.
If Republican state Senator Nancy Detert is successful in her bid to pass the bill, texting while driving would become a secondary offense in Florida. That means that police couldn't perform a traffic stop solely based on whether a person was believed to be texting. But if someone is stopped for violating another traffic law and law enforcement believes they were also texting, he or she could be charged for that offense as well.

Some say the measure doesn't go far enough. For example, Republican Sen. Miguel Diaz de la Portilla was quoted by the Herald as saying he would also push for an amendment to the ban that would impose additional punishment for texting while driving in a school zone.

"Schools should be safe havens, and that includes the area where people drop off their children or where children walk to school," he told the paper.

There are others, though, who question whether the law would be difficult to enforce.
Republican Sen. Joe Negron stated that first of all, there are already laws on the books to address reckless driving.

Secondly, he wondered how police would determine the difference between whether a motorist is actually texting or, say, dialing a phone number.

Still, one would be hard-pressed to find someone who disputes the fact that distracted driving is dangerous.

A recent study by Carnegie Mellon found that drivers who used a cell phone displayed a 37 percent loss of concentration. That's especially concerning when considering that car accidents in Boca Raton and elsewhere can unfold in fractions of a second.

Young drivers are particularly at risk, according to the National Highway Traffic Safety Association, which reports that 16 percent of all teens killed in car accidents were distracted. Further, traffic accidents are the No. 1 killer of teens in America.

That's why many states have passed texting bans specifically geared toward younger drivers.

Continue reading "Florida Lawmakers Debate: DN'T TXT N DRV " »

For the sixth straight year, fatal car accidents in South Florida and across the state have plummeted.

In a new report announced by the Florida Highway Patrol this month, statistics show that last year, law enforcement and health officials reported the lowest number of crash fatalities since 1978.

This is quite a feat, given that the state's population has doubled in those 33 years.
Florida motorists, educators and law enforcement are to be commended for this accomplishment in making our roads safer to travel.

But the work isn't over.

That same report indicates that more than 2,370 people lost their lives on Florida's roadways, bringing the total over the last two years to nearly 5,000.

Our Boca Raton car accident attorneys believe that is simply far too many.

Tragically, many of the victims are young. In fact, the highway patrol reports that traffic crashes are the leading cause of death for people between the ages of 4 and 34.
These are sons, daughters, mothers, fathers and dear friends - gone long before they even begin to approach old age.

Perhaps most frustrating is that often, these fatal accidents could have been prevented.

Col. David Brierton, director of the state's highway patrol, said that while law enforcement remains committed to helping reduce the number of deadly crashes, the public has a responsibility too. And that involves buckling up, driving sober and never taking your eyes off the road.

Under Florida Statute 316.193, drunk driving is defined as getting behind the wheel when your blood alcohol level is higher than 0.08. The first violation alone carries a minimum fine of between $500 and $1,000 (depending on how drunk you are) and a possible jail sentence of six to nine months. All that is assuming you haven't seriously injured someone. The punishments get stiffer from there.

Seat belt use, another primary factor in the survival of a crash victim, has been increasing in recent years, with the National Safety Council reporting that as of two years ago, 88 percent of drivers regularly buckle up. That's an increase of almost 20 percent in 10 years. The council also indicates that seat belts have saved an estimated 75,000 lives just between 2004 and 2008.

But again, it's not enough, as the council reported that 42 percent of passengers killed in motor vehicle accidents in 2007 weren't wearing a seat belt.

Another factor in many fatal crashes is distracted driving. According to the National Highway Traffic Safety Association, not paying attention while you're driving is just as dangerous as if you were drunk.

The top distraction, and perhaps one that is garnering the most media attention recently, is texting. Considering that texting increases your risk of a crash by 23 times, this is valid.

But other forms of distraction can prove equally deadly. These include eating and drinking, talking to passengers, grooming, reading (this includes maps), using a navigation system, watching a video or adjusting your radio, CD player or MP3 player.
Teens are considered to be the most vulnerable to these types of distractions. In fact, 16 percent of all teens who died in car accidents in 2009 were believed to have been distracted.

The truth is, you can't always avoid a car accident in Boca Raton or anywhere. But you can reduce your risks by vowing to be a safer driver in 2012.

Continue reading "Florida Fatal Crashes Fall for Sixth Straight Year; Drivers Still Cautioned" »

As we recently reported on our South Florida Injury Lawyer Blog, there were hundreds of people across the country who were predicted to die in traffic accidents over the 2011 Christmas and New Year's holidays. The National Safety Council (NSC) predicted that nearly 600 were going to die on roadways across the U.S. during these holidays. During this time, the Florida Highway Patrol was out in full force on our state's roadways, busting irresponsible drivers to create safer roadways and help reduce the numbers of some of these predictions.

According to recent released preliminary results, the FHP is reporting that its participation with the "Drive Sober or Get Pulled Over" anti-drunk driving campaign was a huge success. During the 18-day holiday period, FHP beefed up its efforts with an emphasis on impaired drivers. During this time, officers also issued nearly 40,000 traffic citations to drivers for speeding, failing to buckle up, etc.

Our Boca Raton car accident lawyers understand that FHP officers handed out roughly 13,000 tickets to speedy drivers and nearly 3,000 for motorists who failed to wear a seat belt. According to law enforcement agencies across the state, there were more than 110 people who died in traffic accidents during the two and a half week campaign. Holidays produce heavy traffic on our roadways and usually more accidents, injuries and fatalities. As we head into the New Year, drivers are asked to be cautious on our roadways, holiday period or not.

The Drive Sober or Get Pulled Over campaign is organized by the U.S. Department of Transportation and is used as a deterrent program to keep alcohol impaired individuals from behind a steering wheel. The campaign couples heightened public awareness with high-visibility enforcement.

Motorists are reminded that they can call *FHP (*347) if they spot an aggressive driver of if they need any type of roadside assistance.

Preliminary results for enforcement efforts over the recent holidays:

-Number of traffic citations: More than 35,700.

-Drivers arrested for DUI: More than 500.

-Tickets written for speeding: Nearly 13,000.

-Tickets written to motorists who failed to buckle up: Nearly 3,000.

-Motorist assists: More than 11,200.

Florida Highway Patrol officers would also like to use this announcement to remind drivers in the state that the law requires drivers to move over a lane or to slow down to 20 mph when approaching any authorized emergency vehicle or wrecker with lit flashing or rotating lights that is stopped on the side of a roadway.

It's a brand new year, and we would like to ask all motorists to keep safe driving habits as a top New Year's resolution. You can take the first step to make our roadways safer. Be cautious and alert on our roadways to avoid a potentially fatal accident. Remember to be patient while we head through the congested traffic from seasonal residents. Increased volumes of traffic should cause increased safety precautions behind the wheel.

Continue reading "FHP Boosts Efforts over Holidays to Help Curb Car Accidents in Boca Raton: Preliminary Results Released" »

It's a New Year and everyone's going hard on their New Year's resolutions. We're asking you to fit in one more New Year's resolution to help to make our roadways safer. We're asking all residents to pledge to practice safe and cautious driving habits through 2012 to help reduce the risks of car accidents in Boca Raton. To make the roadways safer for everyone, we're asking drivers to curb the distractions, to always driver sober, to abide by speed limits, to be cautious at intersections and to be on the lookout for pedestrians and bicyclists.

According to the Florida Department of Highway Safety and Motor Vehicles (FLHSMV), there were nearly 235,000 car accidents in the state in 2010. In these accidents, there were more than 338,000 drivers involved. This means that there were nearly 650 car accidents every single day in Florida.

Our Boca Raton car accident attorneys understand that there were nearly 2,500 people killed in car accidents in Florida in 2010. In addition to these fatalities, there were more than 195,000 people who were injured in these accidents. If that's not bad enough, there were 108,350 accidents that only damaged property. Make one of your 2012 New Year's resolutions to be a safer driver to help reduce these statistics. The change starts with you. Lead by example.

Traffic Accident Stats - Florida 2010:

-Alcohol-related fatalities: Nearly 800.

-Drug-related fatalities: More than 100.

-Pedestrian fatalities: Nearly 500.

-Bicyclist fatalities: Nearly 100.

-Motorcyclist fatalities: Nearly 400.

-Teenage driver fatalities: Almost 100.

In January of 2010, there were more than 190 people killed because of car accidents in Florida. Another 19,100 people were injured during this time period. Drivers are asked to put on their game face when climbing behind the wheel to help make our roadways safe and to reduce the risks of accidents.

Safe Driving Tips:

-Put down the distractions. Distracted drivers contribute to about a third of accidents on our roadways. When you're behind the wheel, place all your focus and attention on driving.

-Obey the law. Abide by all posted speed limit, traffic signs and road laws.

-Get in the mood. Never drive when you are angry, stressed, anxious or upset. You always want to drive with a clear and calm mind to help to keep your thoughts from wandering off the roadway.

-Buckle up! Seat belts can save your life in the event of an accident.

-Stay sober. Never drink and drive. Always have a sober ride home or a safe place to stay. Drinking and driving can land you in jail, in a hospital or even in a casket.

-Eye on the weather. Always adjust your driving to the current weather conditions. If it's rainy or foggy, be sure to slow down.

-Defense! Be a defensive driver. Expect the unexpected and keep an eye out for other travelers. Don't always assume that other travelers will abide by the law. Be on the lookout and ready to react.

-Shape up. Keep your car in tune. Check the battery, the windshield wipers, the conditions of the tires and the fluid levels often. Keeping your car in good-working order can help to reduce the risks of a roadside emergency.

Continue reading "New Year's Resolutions to Minimize Risks of Car Accidents in Boca Raton" »

The U.S. Consumer Product Safety Commission (CPSC) is here to protect consumers from unreasonable risks of death or injury in Boca Raton from defective products, many of which can be found in your own home.

Many of these injuries are caused by defective products that pose threats of mechanical, electrical or even chemical hazards. They also include children's products. Common defective products include include cribs, toys, cigarette lighters, power tools, household products and chemicals and so much more. The CPSC contends that its efforts have contributed to a 30 percent decrease in the death and injury rate that is associated with consumer products over the last 30 years.

Our Boca Raton defective products attorneys understand that many common household items wind up on the CPSC's recall list every month. It's important for parents and consumers to check this list periodically. Many injuries and deaths can be prevented with proper updates and consumer knowledge.

Our law firm is here to get you started on the road to a safer household. We are here to share some of the latest safety recalls with you.

ANTILOP High Chairs High Chairs Recalled by IKEA:

The chairs are currently being voluntarily recalled. There were nearly 200,000 sold from IKEA stores in the U.S. and in Canada. The chair's restraint buckle can unexpectedly open and children can fall from the seat. There have been nearly 8 reports of accidents already. Injuries have been reported as well. These chairs were sold in white, blue and red. Model numbers include 701.467.92, 501.467.93 and 300.697.24. The items were sold at IKEA stores from August of 2006 to January of 2010. If you have one of these chairs, contact IKEA for a replacement restraint.

LED Flashlight Sets Recalled by Target:

These flashlights have been recalled because the flash lights can heat up, smoke or melt when turned on. This poses both a burn and a fire hazard. There were nearly 60,000 sold from Target stores in the U.S. from October of 2010 until December of 2011. Incident and injury reports have already been received for this product. The UPC code is 490021010049, which is located on the back of the light's package. If you have one of these lights, take it back to Target for a full refund.

Children's Chairs and Stools Recalled by Elegant Gifts Mart:

The chairs and stools are currently a part of a voluntary recall because the yellow paint on the metal frame violates the Lead Paint Standard. Nearly 2,000 chairs and about 1,500 stools were sold at 1 to Seven stores in Puerto Rico from September of 2010 through June of 2011. Item numbers involved in the recall include JCA8036 and JCA8037. If you have one of these products, take it to any 1 to Seven store in or contact Elegant Gifts Mart for a full refund.

Please check out the CPSC's recall list periodically throughout the year to help to avoid any unnecessary injuries.

Continue reading "CPSC's Recall List Updated to Help Prevent Injuries in Boca Raton and Elsewhere" »