South Florida Injury Attorney Blog

I am sorry to say that a Tamarac man died and his passenger was hospitalized in serious condition after a motorcycle accident on I-95. The South Florida Sun-Sentinel reported that their motorcycle veered into a guardrail on the evening of Nov. 9, throwing both the rider and the passenger over the handlebars. This comes on the heels of the motorcycle crash death of another biker, businessman Jack Hardy of Davie.

I am connecting these tragedies because they share a feature of more and more motorcycle accidents over the past decade: The victims were well over 30 years old. The rider and passenger in the I-95 crash were both 67; Hardy was 70. In fact, the face of motorcycling across the United States is getting older. According to 2007 statistics from the federal Department of Transportation, riders under 30 had the most fatalities in motorcycle accidents in 1997. Ten years later, it was riders 40 or older. About a quarter of the motorcyclists killed in 2006 were over 50.

In a way, this trend makes sense: Motorcycles can be expensive, and older folks are more likely to have the money for a shiny new Harley. Once their kids are grown, they'll also have the time and the freedom not to worry about traveling with children who need car seats, snacks and entertainment. And it's easy to see the attraction -- people in their fifties and sixties could be considered the "Easy Rider generation," for whom motorbikes symbolize freedom and perhaps rebellion. So it could just be that as older riders become more common, the proportion of accidents involving them rises as well.

However, older people who take up biking are still beginners -- and they need to be just as cautious as 18-year-old beginners. Decades of driving cars might have given some older riders false confidence about their abilities on a bike. (Florida's mandatory education law for new riders could help.) The trend might also be related to the fact that older people just don't heal as well as people in their teens and twenties. That is, riders over 40 might not get into more crashes than others -- perhaps they just don't bounce back as well when they do crash.

But whatever the reason, this is one trend I can live without, as a rider myself and as a Florida motorcycle accident attorney. Motorcycle accidents tend to be very bad accidents, causing wrongful deaths, brain injuries, broken bones, spinal damage and other life-changing injuries. If you or someone you love was hurt in a motorcycle accident you believe is someone else's fault, you have the right to hold that person legally responsible. Contact my firm, Cohn, Smith & Cohn, today for a free evaluation of your case.

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Posted In: motorcycle accidents

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A woman in the Orlando area was killed in late October when she was hit by a man in an SUV. According to the Orlando Sentinel, the victim and her husband were riding across the Granada Bridge in marked bike lanes when she was struck from behind by the driver. Her husband was not injured and the driver stopped at the scene.

With so many people seeking alternative transportation in this time of rising gas prices, this sort of accident bears attention. It's worth noting that the victim was in the bike lane -- right where she was supposed to be -- and that she was struck from behind. According to a study of Orlando-area bike accidents (PDF) by a partnership of regional transport agencies, only 5% of fatal bicycle accidents happened when the cyclist was in the bike lane, and even fewer were rear-end accidents. Judging only by this very short article, it looks like the problem was in the SUV.

Finding the correct lane and staying in it protects everyone -- car, truck, motorcycle, bicycle and pedestrian -- from serious accidents. The difference is that bicyclists don't have heavy gear, seatbelts or airbags to protect them. They still have the responsibility to take care -- the Orlando study notes that intoxication and lack of lights at night are factors in multiple cyclist fatalities -- but drivers have a responsibility to take care too. Florida has generous bicycling laws that require drivers to leave three feet at the side of the road for cyclists, not counting gutters, and allows them to cross a center line to do it. Sharing the road in this way only takes an extra moment and could prevent a deadly accident like this one.

If you were hurt in a bicycle accident with a careless motorist, you have the right to hold that person responsible for the results -- medical, financial and personal. The Florida bicycle accident lawyers at Cohn, Smith & Cohn can help. To learn more about your legal options, please contact us today for a free consultation.

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Posted In: automobile accidents , bicycle accidents , wrongful death

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A bereaved husband insists that "road rage" was responsible for his wife's fatal motorcycle crash in Volusia County Oct. 18. Susana Marques of Caracas, Venezuela was visiting our country as part of the Latin American Motorcycle Association. According to the Daytona Beach News-Journal, they were on their way to a Biketoberfest event in Deltona, riding in a group of about 50, when a woman in an SUV entered the bikers' lane, forcing Carlos Marques to hit the brakes. He and his wife were thrown from their bike. Susana Marques died at a hospital later; Carlos Marques was injured.

The road rage allegations pit the club against the Florida Highway Patrol. The bikers say the woman in the SUV repeatedly cut into their lane, intentionally forcing them to brake; the FHP claims the cause of the accident was the lack of time Carlos Marques had to brake. In my opinion, as a long-time motorcyclist and an experienced Florida motorcycle accident lawyer, the FHP's statement is a bit like being told a death was caused by the victim ceasing to breathe. He clearly didn't brake in time -- the question is why. The motorcycle club rides with video cameras that may hold the answer to that question, fortunately.

The FHP also pointed out that the bikers were riding in the left lane in violation of Florida law. While this might be an explanation for the road rage the club alleges, it is in no way an excuse -- particularly since that law is not consistent across the United States and routinely ignored even by Floridians. Intentionally cutting someone off is a dangerous and irresponsible way to drive. When it causes a death or a serious injury, it might also be a crime. My heart goes out to the Marques family and the entire club.

Bikers are generally sensitive about aggressive behavior by drivers of cars, trucks and SUVs, and there are good reasons for it. One is that a motorcyclist will almost always sustain the more serious damage in an accident with a car, simply because of the weights of the vehicles and the biker's lack of a steel cage. The other is that some drivers really do have a personal problem with motorcycles, because of outmoded stereotypes or misconceptions about how the law applies to bikes. But neither is an acceptable reason to use your car as a weapon. If you're a biker who's been seriously hurt in an accident with an irresponsible cage, you may be able to win compensation for your injuries and costs. Contact us at Cohn, Smith & Cohn to discuss your accident and your legal rights.

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Posted In: automobile accidents , motorcycle accidents , wrongful death

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A Space Coast man lost a leg and partial use of both arms after an attack by one or more of his cousin's three pit bulls. According to Florida Today, Roger Lindee was working on a car outside the home of his cousin, Anthony Phillips, just before the attack. Lindee claims he knocked on the door; Phillips says he burst in unannounced. It was then that Lindee was attacked by Kilo, the biggest of Phillips' three pit bull terriers. He claims two other pit bulls were also involved, a claim his cousin disputes. Either way, Lindee was mauled for several minutes until neighbors with a shovel and a pitchfork managed to remove the dogs. His right leg was amputated and he suffered broken fingers, a broken ankle and bite wounds that limit the use of his arms. Kilo was shot at the scene by law enforcement.

Many people don't realize it, but Florida law allows victims like Lindee to hold dog owners legally responsible for their dogs' vicious attacks. In fact, Florida is a "strict liability" state, which means owners are held liable for the first attack by their dogs, regardless of whether there was past evidence showing the dog is violent. Owners can escape liability by posting signs warning of a "BAD DOG," but they are also liable for general negligence, just like all Floridians. As the article implies, we also have local laws that can restrict or put down dogs determined to be dangerous.

Lindee's attack is a bit unusual among dog bite cases because he's 41 years old -- not 4 or 81. A study by the Centers for Disease Control and Prevention shows that most adults killed or seriously wounded by dogs are elderly people, who are more fragile. However, statistics show that the vast majority of victims of serious dog attacks are children and teens. Children's short stature triggers dogs' dominance urges and puts their vulnerable body parts close to the dog's teeth and claws. In addition, younger children may not recognize when a dog is getting angry, and older kids may take risks to impress one another. The results can be tragic: sudden maulings that cause death, amputations or lifelong physical and emotional scarring for a young child.

A Florida dog bite lawsuit may not be right for everyone, but for victims like Lindee, who had multiple surgeries over more than two weeks in the hospital, it can be a way to recover the costs of an unprovoked and sudden dog attack. In most cases, the dog owner's homeowners' insurance policy covers the cost of any settlement or jury verdict. If you're a victim of an attack by a vicious dog, you have the right to ask for justice. Contact Cohn, Smith & Cohn to learn more about the laws that apply to your case at a free consultation.

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Posted In: dog attacks

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This week (Nov. 10-16) is Florida Spinal Cord Injury Awareness Week, and the South Florida Sun-Sentinel noted the date with an inspiring article on former auto racer Darrell Gwynn. Gwynn, a National Hot Rod Association champion and son NHRA champion Jerry Gwynn, was paralyzed in 1990 in a racing accident. He also lost his left arm in the crash.

However, Gwynn declined to let his injuries stop him from living his life. After spending more than six months in hospitals and eventually recovering from his accident, he took on the responsibility of managing his racing team. In 2002, he started the Darrell Gwynn Foundation, a nonprofit organization for people with spinal injuries. In addition to providing wheelchairs and other medical equipment to those who can't afford them, the foundation helps to fund research to cure spinal injuries and teaches young people how to avoid a serious spinal injury. In fact, it was the foundation that successfully lobbied our state legislature to recognize Florida Spinal Cord Injury Awareness Week.

Gwynn told the Sun-Sentinel that he has two great passions in his life: racing and fishing. He combines those passions by helping to run the Hot Rods & Reels charity fishing tournaments, two Florida events that bring together recreational anglers with NASCAR drivers. One, at Homestead-Miami Speedway, will take place this Saturday, Nov. 15. The funds it raises benefit the Darrell Gwynn Foundation as well as Speediatrics, an organization that aims to ease children's stays at two Florida hospitals by adding racing themes to their children's wards.

Spinal cord injuries are extremely serious, life-changing injuries. The spinal cord is an essential part of the human nervous system, and when it's damaged, the victim can be partially or completely paralyzed. That means becoming wheelchair-bound, relearning some of the most basic tasks of life, and sometimes having to change or abandon a career. It also means lifelong medical care and a higher risk of certain medical problems. If the injury was caused by someone else's carelessness, victims can and should hold that person legally responsible for the results with a Florida spinal cord injury lawsuit. If you'd like to speak with an experienced Florida attorney about making this type of claim, please contact my firm, Cohn, Smith & Cohn, as soon as possible for a free consultation.

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Posted In: automobile accidents , spinal injuries

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The Miami Herald reports that a Miami-Dade nursing home was placed under investigation by the police and three state agencies after a pediatrician found unexplained burns on a 12-year-old resident. Doctors found second-degree burns on the hands and thigh of the girl, who has severe cerebral palsy and can't communicate. An investigator from the state Agency for Health Care Administration, which regulates nursing homes, found no evidence that the girl had been burned, the paper reported, prompting a letter from the pediatrician to Gov. Charlie Crist criticizing the investigator for "apparent lack of due diligence" and suggesting that risk to other residents in the home is high.

The AHCA, the Department of Children and Families and Florida Medical Quality Assurance Inc. were all asked to investigate, along with Miami-Dade police. Compounding the problem is the fact that the girl is very disabled and needs help to perform daily tasks. In fact, the pediatrician and investigators believe that the burns are the result of neglect rather than abuse, in part because she's not well-equipped to provoke intentional abuse. However, no caregivers at the home could explain the burns and none stepped forward to confess. State records show eight complaints of abuse or neglect of children at the home, along with 66 regarding adult residents.

Nursing home abuse and neglect is always horrifying. People disabled or vulnerable enough to need full-time care are almost always unable to fight back; many aren't even able to tell anyone about the problems. The AHCA is supposed to shut down homes that don't meet standards, but as the doctor in this story complained, the system doesn't always work as intended. That's why it's so important for families to stay vigilant when they have a loved one in assisted care. As I have written before, families can also take advantage of the AHCA's online database that collects investigations of health care facilities.

The victim in this case may be getting extra attention because she's a child, but she could just as easily have been a disabled adult. No matter who is the victim, exploiting and abusing vulnerable people placed in your care is morally and legally wrong. If you believe someone you love is a victim of nursing home abuse or neglect, you can take legal action with a Florida nursing home abuse lawsuit, regardless of whether there is any concurrent criminal case. To speak with an experienced Florida nursing home attorney about your case, please contact our firm, Cohn, Smith & Cohn, for a free consultation.

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Posted In: injuries to minors , nursing home abuse

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In late October, the federal Bureau of Labor Statistics finally released its statistical report on nonfatal workplace injuries and illnesses in 2007. As a Florida construction accident and workers' compensation lawyer, I was pleased to see that both the raw number of injury cases and the rate have gone down slightly since 2006. The agency reports 4 million overall cases of injury or illness in the workplace, down from 4.1 million in 2006, while the rate per 100 workers dropped from 4.4 in 2006 to 4.2 in 2007. (These numbers apply only to private industry; government workers are not counted.) Happily for us here in Florida, our state's rate of injury or illness is actually below the national rate -- 3.9 cases per 100 workers.

According to the agency, five individual industries saw declines: mining, construction, manufacturing, health care and social assistance, and the category of agriculture, forestry, fishing and hunting. This is interesting in part because among those categories are some of the most dangerous industries in the United States. Construction, mining, agriculture/fishing/hunting and manufacturing are all well-known as some of the most dangerous civilian jobs in the United States, with high fatality and injury rates. About half of the injury or illness cases were considered serious, said the Bureau of Labor Statistics, meaning that the worker needed time off to recover, a job restriction or a temporary transfer. That number also fell, from 2.3 cases per 100 workers in 2006 to 2.1 in 2007.

The vast majority of the cases in the study were injuries, not illnesses, which accounted for 3.8 million of the four million reported cases. Health care is not among these, but the agency did note that it saw a sharp decline in skin diseases, which we hope reflects a drop in preventable hospital staph outbreaks. Among business types, general medical and surgical hospitals had by far the most cases of injury or illness, more than 253,500. That's far more than the number of cases in the next largest industry, general merchandise stores, which had about 142,000 cases.

Workplace injuries are important. People who work 40 hours a week spend about a third of their waking lives at work, where they cannot always control their working conditions. Federal and state workplace safety laws are supposed to help ensure a secure workplace and Florida workers' compensation laws are supposed to help workers get help after an injury. Unfortunately, employers and others sometimes ignore these laws in an effort to save money, regardless of the cost in human lives, pain or suffering. If you've been injured at work in South Florida and would like to learn more about your legal rights, my firm, Cohn, Smith & Cohn can help. Please contact us as soon as possible to set up a free consultation.

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Posted In: workers compensation , workplace accidents

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A worker helping to widen the Florida Turnpike was hurt recently in an unusual accident with a vehicle that failed to slow. According to the South Florida Sun-Sentinel, the worker was standing in the northbound lanes when a pickup truck in the southbound lanes slammed into the concrete median. The impact threw a sign leaned against the median on the northbound side into the worker's legs, causing a compound fracture. Fortunately, no one was killed.

As I wrote here in September, Florida is not seeing enough compliance with our Move Over Law, which requires driver to slow down substantially, and move over a lane when possible, when emergency vehicles are at the side of the road. Construction crew members are not emergency workers, but the principle is the same. Indeed, FHP Lt. Roger Reyes told the Miami Herald that this accident illustrates the importance of slowing down for people at the side of the highway. That includes ordinary folks dealing with a flat tire or another emergency. It's a small courtesy that makes a big difference to the people on the side of the road and possibly also to you.

As a Florida auto accident lawyer, I also noted with interest that the driver of the pickup truck was cited for careless driving and for driving with a suspended license. When my clients tell me about their conversations with auto insurance companies, they often mention that the claims agent asked if anyone at the accident got a ticket, or was cited or arrested. They're interested because a ticket shows that the police thought there was careless, reckless or illegal behavior involved in the accident, and that makes it easier to determine who was at fault. It can also be an important factor in a Florida car crash lawsuit.

Car wrecks can be devastating, causing deaths and permanent brain damage, paralysis, severe burns and other life-changing injuries. If you were hurt in a crash caused by someone else's careless behavior, you have the right to sue that person for financial compensation for your costs and your injuries. To learn more about your rights as an accident victim, you can contact our firm, Cohn, Smith & Cohn, for a free consultation.

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Posted In: automobile accidents

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It’s hard to find a car in the United States without antilock brakes -- but even many bikers don’t realize that most motorcycles don’t have them. According to a new study by the Insurance Institute for Highway Safety, a nonprofit crash safety research organization, they should. According to new research the IIHS published Oct. 22, antilock brakes reduce both a rider’s chance of fatal crashes and the chances of filing an insurance claim for a crash. (An eight-page PDF of the report is here.)

Antilock brakes keep brakes from locking up when you apply them suddenly, preventing the motorcycle from “fishtailing” and throwing its unlucky rider into the road. They’re on just a handful of bikes, generally the larger “touring” models, in part because they add about $1,000 to the price of the bike. (My own Harley Road King Classic doesn’t have antilock brakes, although it’s an option on newer models.) As the Chicago Tribune reported, the IIHS researchers found that bikes with antilock brakes had 4.1 fatal accidents per 10,000 registered bikes in one year -- 38% lower than the 6.6 per 10,000 rate for bikes without antilock brakes. Insurance losses were also 21% lower for bikes with antilock brakes.

This is important right now because the rate of motorcycle crashes is going up -- way up. Nationally, fatal motorcycle accidents have more than doubled between 1998 and 2007, partly because the number of bikers on the road and the miles they travel have also spiked. Here in Florida, the rate of fatal motorcycle accidents has also risen, though I hope that a new law requiring new motorcyclists to get training will help. As gas prices rise and commuters become more interested in alternative transportation, all issues of motorcycle safety.

As a motorcycle rider and a Florida motorcycle accident lawyer, I’m a fan of anything that could prevent serious motorcycle crashes, which all too often result in death, brain damage and other life-changing injuries. If you’ve been involved in this type of crash and you’d like to learn more about your rights, you should contact my firm, Cohn, Smith & Cohn, for a free evaluation of your case.

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Posted In: motorcycle accidents

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A recent article in the Florida Sun-Sentinel drew readers' attention to an extremely important tool offered by the state: An online database of information about doctors. The Florida Department of Health's Division of Medical Quality Assurance offers a searchable database providing disciplinary and background information on a wide variety of health practitioners, including professionals like pharmacists or midwives as well as a variety of conventional doctors' specialties. The Florida Office of Insurance Regulation offers a different database allowing Floridians to search for lawsuit settlements or jury verdicts against a subset of licensed medical professionals (as well as attorneys).

Why should you bother? Well, as the Sun-Sentinel's article points out, more than an eighth (13.5%) of the doctors in South Florida have settled or lost a medical malpractice case, and 3.9% of Florida doctors overall have been disciplined by the state Board of Medicine. That's just a handful of Florida's more than 60,000 doctors -- but it's a handful that many people would like to avoid. This tool gives consumers a way to identify and avoid medical practitioners with a history of medical malpractice lawsuits, criminal convictions or disciplinary trouble. It's also a good way to look into the professional's education, which can affect some consumers' confidence.

This is especially important in light of the fact that Florida allows doctors to practice without any medical malpractice insurance at all, as long as they post a sign and promise to pay $250,000 in any lawsuit. As I posted in August, this has helped make South Florida the capital of uninsured doctors, with more than a third of the doctors in Miami-Dade going without insurance. Without malpractice insurance, these doctors usually won't be able to pay a legal judgment over the $250,000 limit, which leaves the patients they may hurt without any way to get the money they're legally entitled to, no matter how solid the case. Under those circumstances, it might be wise to do your homework on any new doctor.

As a Florida medical malpractice lawyer, I have seen far too many cases where medical malpractice drastically and permanently changed a client's life. An ounce of prevention in this case is easily worth a pound of cure. But if you believe you have already been hurt by a careless doctor and would like to know more about your rights under Florida law, I urge you to contact our firm, Cohn, Smith & Cohn, for a free consultation.

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Posted In: medical malpractice

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A jury in Manatee County in late October heard a wrongful death lawsuit filed by the parents of a young woman killed as a passenger in a fatal Florida motorcycle accident. The Bradenton Herald reports that the parents of Jaclyn Bien are suing the motorcycle's rider, Ricky Lee Rowell, alleging that his underage drinking and reckless speeding caused the accident.

According to the family's attorney, 19-year-old Bien met Rowell, then 20, at a friend's party. They went for a motorcycle ride together that night, during which Rowell exceeded 100 mph, the attorney alleged. At an intersection, they crashed, killing Bien and leaving Rowell with non-life-threatening injuries. Rowell's blood-alcohol level was measured at 0.03 -- below the legal limit for people of legal drinking age, but above Florida's 0.02 limit for underage drivers. In the Florida wrongful death lawsuit, Bien's family is seeking $5 million to $10 million in damages. However, they don't expect to actually recover the money, even if they win; their attorney told the paper that a judicial decision would be enough.

I can't presume to judge Rowell's responsibility for the accident; that's for the jury in this case to do. But as a motorcyclist, I am concerned that this kind of case invokes the worst kinds of stereotypes about motorcycles and the people who ride them. As a responsible and safe rider, I do not support the behavior alleged by Bien's family's lawyer. Underage drinking is illegal, drinking and driving is wrong for everyone, and speeding in excess of 100 mph on a motorcycle -- while fun -- is a risk even when the rider is sober. On a curve, at night and with alcohol in your system, it's a very bad risk.

The vast majority of experienced riders know that, and thanks to Florida's new-rider education law, lots of new ones will soon have food for thought. Motorcycle accidents are often very serious accidents, causing deaths, brain injuries and other life-altering injuries. If you've been hurt on a motorbike through someone else's carelessness -- whether it was a rider or a driver in a car or truck -- you have the right to hold that person legally responsible for the injuries and costs they cause. At Cohn, Smith & Cohn, we offer free consultations, so there's no harm in speaking to us about your case. contact us today to set up a free evaluation of your case.

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Posted In: motorcycle accidents , wrongful death

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A woman died in North Florida recently after she was struck by a set of tires that separated from a passing tractor-trailer truck. According to the Panama City News-Herald, the victim, a visitor to Florida, was walking at a rest stop on Interstate 10. As the truck passed, its left rear tires separated from the axle and bounced into her, killing her instantly. The report said the accident is under investigation.

News reports elsewhere have called this a "freak" accident, presumably meaning it was very improbable. But as a Florida trucking accident lawyer, I wonder if it was. Most drivers don't realize this, but equipment failure is a key cause of accidents with semis, tractor-trailers, 18-wheelers and other large commercial trucks. According to a 2007 study by the Federal Motor Carrier Safety Administration, vehicle-related factors were the critical reason for 10% of all large truck accidents in the study. Brake problems were the most frequently cited associated factor, showing up in 29% of the cases, with tire problems (6%) and cargo shifts (4%) also frequently cited.

There are many reasons why trucks and equipment might fail. Some are inherent flaws in the equipment itself, meaning that it was always defective, either by design or manufacture. Others are ultimately caused by poor maintenance. Federal laws require that trucking companies and independent truckers inspect their trucks every day and meet certain safety standards. But that's expensive and time-consuming, and some businesses would rather make a little extra money than take the time to ensure that their equipment is safe, even when their own trucks and cargo are at risk. A National Transportation Safety Board study in 2005 removed a full 46% of randomly inspected trucks from the road because of brake problems alone.

Each time a trucking company or trucker fails to meet these maintenance obligations -- or knowingly drives with unsafe trucks or equipment -- all of the drivers around that truck are at risk of a very serious accident. Accidents between cars and large trucks frequently cause wrongful deaths, permanent brain damage or other very serious injuries. If the accident is caused by the careless behavior of the trucking company or its driver, the victims have the right to hold them legally and financially responsible for the results. If you or someone you care about is a victim, Cohn, Smith & Cohn would like to help. To talk with an experienced Florida attorney about your options and your rights, please contact us today for a free evaluation of your case.

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Posted In: large truck accidents , pedestrian accidents

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