South Florida Injury Attorney Blog

As a Florida bicycle accident lawyer, I was pleased to see in the South Florida Sun-Sentinel recently that Palm Beach County is working toward adding marked bicycle lanes to popular roads in the county. According to the article, bicycling advocates and county engineers are working together to identify which roads are most likely to carry substantial bike traffic and mark their shoulders with painted lanes designated for bicycles. This is described as a compromise; the county has opposed any bike lanes because it believes it would be obligated to maintain them, which it estimates would cost hundreds of thousands of dollars a year.

The article doesn't tell you this, but as a longtime South Florida resident and bicycle accident lawyer, I happen to know that many of these roads already have four-foot paved shoulders that were specifically intended for the use of bicyclists. The county's financial concerns have kept the lanes from being specifically marked as bike lanes, pitting the county against bicycle advocates who believe marked bike lanes promote both bike safety and greater use of bikes as transportation.

As a driver and a motorcyclist who has used South Florida roads for decades, I agree. Marked lanes promote bicycle safety by showing everyone on the road where they should be and discouraging either kind of vehicle from entering the other's lane. As a motorist, I appreciate knowing where I can expect to see bicycles. For the same reasons, a marked bike lane helps beginning bicyclists feel more confident about how they ride in traffic -- and where they can turn to find more bike lanes.

As to the cost, I don't have any expertise on street sweeping -- but as a personal injury lawyer, I can certainly tell you that the county is not legally responsible for the injuries of a biker who didn't watch for debris in the road. We all have a basic legal responsibility to take reasonable care on the road, and part of that responsibility is to avoid obvious hazards. Another is to avoid harming others, and that's where marked bicycle lanes could help -- by giving motorists clear directions on how to "share the road" and avoid causing a serious Florida bicycle accident.

Bicycle accidents can be very serious, causing broken bones, brain injuries and even wrongful deaths. We should do everything we can to prevent them. But if you are a bicyclist hit by a car or truck in South Florida, you should contact my firm, Cohn, Smith & Cohn, to discuss recovering money for your injuries in a Florida bicycle accident lawsuit.

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Posted In: bicycle accidents

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The three adult children of a woman killed by a truck's improperly secured cargo won $1.7 million recently in a wrongful death lawsuit, the South Florida Sun-Sentinel reported. Claudia Avila was a passenger in a car traveling on Interstate 95 more than four years ago when a flatbed truck carrying a load of metal plates lost part of its cargo, sending a 34-pound metal plate crashing through the windshield in front of Avila. She was on life support with severe head injuries for more than a month before her death.

Despite the severity of the accident, the truck carrying the metal plates apparently did not stop; it took investigative work by the family's lawyer to uncover the names of the companies involved in the accident. The trucking company and the scrap metal company it delivered its cargo to settled with the family, but the manufacturer of the metal plates opted for a trial, where it was found liable for improperly securing the plates and hit with a $1.7 million judgment.

Florida wrongful death lawsuits are always hard. There is no doubt in my mind that Avila's children would rather have their mother back than this money. But because they cannot, I am glad to see that they and their lawyer have managed to track down the people at fault and hold them legally responsible for this accident. A wrongful death lawsuit can help them in small ways, by paying them back for the costs of the accident, including the costs of intensive care and a month of life support. It can also compensate them for the incalculable loss of their mother's love, support and advice.

And, I hope, it may even prevent future accidents by bringing home the importance of safety to those who carry heavy loads up and down our nation's highways every day. Most of us don't think about poorly secured cargo when we think of Florida trucking accidents, but loads that shift or drop off in transit can cause deadly accidents just like this one.

If you or someone you love has been wrongfully killed in an accident in Florida, contact Cohn, Smith & Cohn today for a free consultation about your case and your rights.

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Posted In: automobile accidents , large truck accidents , wrongful death

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Three men were arrested Sept. 12 for allegedly dumping asbestos-laden debris into Central Florida’s Green Swamp more than 43 times over this summer, the Orlando Sentinel recently reported. According to the report, Ronnie Lee Spears, Jr. of Bartow told his employees at the Florida Environmental Compliance Corporation to dump asbestos-laden tiles in the swamp in order to save on landfill fees. Another employee, Thomas Barnhill, arranged for the dumping, and Warren Gregory Gay, the owner of the land, participated and allowed it. All three men were arrested after a tipoff sparked a joint state and local investigation into the practice, which the Sentinel reported may have saved the company more than $10,000.

Dumping is a crime in Florida, of course, and it's despicable that some people feel entitled to spoil our environment in order to save a few dollars. But what really raises eyebrows in this case is what was dumped -- asbestos building materials. Asbestos causes cancer, and it has been known to cause cancer for decades, which is why its use in buildings and other applications is highly restricted. In fact, the type of cancer it causes is a particularly fast-acting cancer called mesothelioma, which is frequently not diagnosed until it has reached an advanced state. Victims of mesothelioma are generally given months, rather than years, to live. In short, mesothelioma is an ugly disease -- but because asbestos is almost always the cause, it is also highly preventable.

Because asbestos makes people sick, special precautions must be taken when it's removed from buildings, as it was in this case. In fact, I wouldn't be surprised to learn that the Florida Environmental Compliance Corporation specializes in that sort of high-risk removal -- which would make it highly ironic that the company's employees (apparently acting on their own) exposed others to this carcinogen by introducing it into our air and water. Their company is cleaning up the swamp at its own expense (which I applaud), but its employees could still be legally liable in any asbestos exposure lawsuit or mesothelioma lawsuit that results from their careless and illegal behavior.

If you or someone you care about is suffering from mesothelioma or another asbestos-related disease, please contact Cohn, Smith & Cohn as soon as possible to discuss your case and your legal options.

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Posted In: asbestos and mesothelioma

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The Miami Herald reported some good news recently: Police have found and criminally charged a man responsible for running down a young mother in front of her family and a friend, then leaving the scene. Jose Santiago was arrested in mid-August for the January 7 hit-and-run, in which he hit Ana Iris Perez-Hernandez as she crossed the street to meet a friend, in front of the day-care center where her husband and six-year-old son were waiting.

An important piece of evidence in the case was a container of spaghetti Perez-Hernandez was carrying, which spilled all over Santiago’s car in the accident. After hitting Perez-Hernandez at a speed high enough to cause massive head trauma, Santiago simply drove home and parked his car, which had substantial damage as well as food on its front end. In police questioning, Santiago claimed he thought he’d hit a garbage can or a tree. Then, incredibly, he made a phone call with a tape recorder still running and told someone in Spanish that “[t]hey know I hit that woman.” Police officers in Miami speak Spanish, of course, and eventually filed charges against Santiago. Perez-Hernandez’s family has our sincere sympathies; we hope justice is served.

In addition to being dishonorable and cowardly, leaving the scene of an accident is a crime in Florida and every other state. (That’s true even if the crash only caused property damage.) In addition to putting you on the hook for a third-degree felony, hitting someone and running away also leaves you legally liable for a wrongful death lawsuit. In a successful lawsuit, Perez-Hernandez’s husband and young son would have substantial damage claims, including the loss of her wages; the costs of medical and other bills the accident caused; the loss of her love, support and spousal and parenting duties; and the emotional trauma of being so close to her accident.

Pedestrian accidents are some of the most traumatic traffic accidents I see as an attorney, because pedestrians have no seatbelts or other protections at all. They can also be quite complex, raising issues of comparative fault and insurance coverage. If you or someone you love was hit on foot by a careless driver, you can and should hold that driver responsible for the results. Contact Cohn, Smith & Cohn for a free consultation on your case.

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Posted In: automobile accidents , wrongful death

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Florida’s Move Over Act has been in the news recently because of stepped-up enforcement. If you’re not familiar with the 2002 statute, it asks motorists to change lanes when approaching police and other emergency workers at the side of the road. If it’s not possible to change lanes safely or there’s no second lane, they must slow down substantially. The goal is to reduce the deaths of emergency workers and the people they’re helping, who are sometimes hit by passing motorists. According to the Florida Highway Patrol, drivers killed five people in this manner and wounded 419 others in the five years between 1996 and 2000, before the law was passed.

I was reminded of this law -- and some drivers’ objections to it -- when I saw this article in the Orlando Sentinel. Two people were killed on Interstate 4 in just such an accident. The victims pulled their pickup truck into the emergency lane and a tractor-trailer slowed to help them out. The driver of a car behind the large truck, not realizing anyone was in the emergency lane, swerved around it and hit them. In addition to killing both, the car’s driver is now hospitalized in serious condition. Everyone involved has my deepest sympathies.

This story illustrates how vitally important it is to be cautious around pulled-over vehicles -- and never to make assumptions when the vehicle in front slows down. It’s hard to track down statistics on how many people are killed in emergency lanes each year, but I know from my 35 years of experience as a Florida car crash lawyer that it’s a lot. And frankly, any number greater than zero is too many. An emergency lane is set aside for use in emergencies; we all have an interest in making it a safe place to get out and change a tire or make a phone call. Using it to pass is both dangerous and illegal. Speeding past law enforcement officers in the right lane is those things and foolish as well.

Given the sacrifices that Florida law enforcement officers and other emergency personnel make on our behalf, moving over or slowing down is the least we can do. And because I work with car, motorcycle and truck accident victims so often, I support anything that can reduce deaths and catastrophic injuries for civilians as well as law enforcement. Car wrecks cause deaths, brain injuries, catastrophic burns and other very serious injuries. If you or someone you love was hit in an emergency lane, I urge you to contact my firm, Cohn, Smith & Cohn, to learn more about your legal rights and your options.

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Posted In: automobile accidents , wrongful death

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Up in the Tampa area, a tragedy was narrowly averted when two teenagers were rescued from a house fire caused by a malfunctioning clothes dryer. Around 2:30 a.m. on Sunday, a neighbor noticed flames in the home and called firefighters, who rescued a teenage girl, a teenage boy and a cat. Fortunately, the rest of the family wasn’t home. The boy remained at Tampa General Hospital, according to the report, but the girl has been released. I am delighted that nobody was killed and wish them a speedy and full recovery.

According to the article, the fire was started when the dryer overheated because of a clogged lint screen. But it was exacerbated because the house’s smoke detectors weren’t working, making them unable to warn the teens that they were in danger. House fires are the most common type of fire in the United States, according to the American Burn Association, and faulty electronic appliances or wiring are one of the most common causes of house fires (after cooking and smoking accidents). According to the U.S. Consumer Product Safety Commission, the federal agency responsible for monitoring product defects, clothes dryer fires caused more than 15,000 fires in one year, causing 20 deaths and 370 injuries.

If it turns out that the dryer was designed or manufactured in a way that made this fire unreasonably likely, that would make it defective -- which means this family would likely have a defective product lawsuit. Of course, they and every family should have working smoke detectors -- but as minors, the teens were hardly responsible for that omission.

The article doesn’t say what injuries the teen suffered, but statistically, they’re most likely to have smoke inhalation injuries and contact burns, both of which can be serious and life-threatening injuries. Severe burns can also leave their victims disfigured, causing discrimination from thoughtless strangers and necessitating years of expensive corrective surgeries. If you or someone you love has suffered these sorts of serious injuries because of a defective product, you have the right in Florida to hold the product’s manufacturer or seller responsible for the results. Contact Cohn, Smith & Cohn for a free evaluation of your product liability case.

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Posted In: burn injuries , injuries to minors , product defects

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As I’ve mentioned on this blog before, the rate of fatal motorcycle accidents in the United States is climbing up -- way up, more than doubling since 1997. That’s true for Florida as well. In response, the Florida Highway Patrol has launched a “Ride Proud, Dress Loud” campaign encouraging motorcyclists to wear bright colors to help drivers see them.

The campaign is trying to get bikers’ attention with signs promoting bright clothes like neon-green chaps. As I or any other experienced motorcyclist could have told them, bikers are laughing their heads off at the idea that they’d wear neon-green anything. But despite that, it isn’t a bad idea to encourage more bright clothing. Research shows that a major cause of motorcycle accidents is drivers’ failure to see motorcycles. Bright or shiny clothes and gear is one way to make sure they can see you.

But noise is another, and that’s where Florida law isn’t helping. Controversy has developed recently over a Florida law making it illegal to modify an exhaust pipe to be any louder than the original manufacturer’s pipe. In addition, bikes (and cars) made after January 1, 1979 can’t exceed 78 decibels at speeds of 35 mph or less and 82 decibels at higher speeds -- even if that’s the sound produced by the manufacturer’s original exhaust pipes. This is a problem for motorcyclists, because loudness is another important way we can help drivers realize we’re in traffic. Under these laws, bikers face a choice between protecting themselves as thoroughly as possible or dealing with a flood of $75 tickets and harassment from law enforcement.

As a rider, I believe we should be doing everything we can to prevent motorcycle accidents, which cause wrongful deaths and tragic, preventable disabilities like brain damage and spinal injuries. Given the “Ride Proud, Dress Loud” campaign, the State of Florida seems to agree, so it’s puzzling and disappointing that it wouldn’t be willing to allow reasonable alterations to OEM mufflers as well.

If you’ve done what you can to protect yourself and you were still hurt in a serious motorcycle accident caused by a driver’s carelessness, please contact my law firm, Cohn, Smith & Cohn today for a free consultation.

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Posted In: motorcycle accidents

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I’m sorry to say that the police are looking for witnesses to a fatal motorcycle accident that took place right here in Pembroke Pines. According to the Sun-Sentinel, motorcyclist Ricardo DeCastro of Miami was killed July 23 when he was rear-ended on Pines Boulevard by Larry Beltran of Miami Gardens. The article says Beltran rear-ended DeCastro at a light after following too closely, then continued through the intersection, hitting both DeCastro and his bike. If you have any information on the accident, you can report it to the Pembroke Pines Police Department at 954-431-2200.

To me, as a personal injury lawyer specializing in motorcycle accident lawsuits, the facts in the article don’t look very good for Beltran. If you’ve ever been in a rear-end accident, you probably know that insurance companies assume the driver in the rear is always at fault unless proven otherwise with some sort of authoritative documentation, like a police report. In this case, Beltran apparently kept going and hit the bike again, which won’t help. In fact, since the report says DeCastro was wearing a helmet, it could have been the deciding factor in the accident.

Normally, in motorcycle accident lawsuits, insurance companies for the other side try to make my client seem at fault by invoking tired stereotypes about reckless motorcycle gangsters. That’d be hard in this case, with DeCastro wearing his helmet -- even though it’s not required by law in Florida for most riders. By contrast, it could be a tough job to describe Beltran as an innocent victim if it’s true that he was tailgating and failed to stop right away.

Of course, we don’t have the full story, which could change everything. And in any case, my sympathies go out to DeCastro’s family, who are truly innocent victims no matter what the facts. But if you and your family have gone through a similar tragic motorcycle accident, you have every right to sue the careless driver over the bills and the suffering caused by your injuries or wrongful death. I encourage you to contact my firm, Cohn, Smith & Cohn, for a free consultation on your case.

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Posted In: motorcycle accidents , wrongful death

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A diesel delivery truck stopped traffic on Interstate 95 recently when it jackknifed and spilled diesel on the road. As the Sun-Sentinel reported, the westbound exit onto Oakland Park Boulevard was closed for a morning while crews cleaned up the spilled diesel. Luckily, no injuries were reported.

Most of us don’t think of cargo spills when we think of accidents with large trucks (also known as tractor-trailers, Mack trucks or 18-wheelers). However, according to a study by the Federal Motor Carrier Safety Administration, the agency responsible for regulating the trucking industry, cargo spills are a full 11% of U.S. trucking accidents. Another FMCSA study found that trucks carrying hazardous materials are far more likely than other trucks to roll over or catch fire.

Unlike a crash that pits a truck against another vehicle, cargo spills don’t just harm one vehicle -- they could endanger all the vehicles that are nearby when the spill happens. And in the case of a volatile and toxic cargo like diesel fuel, they can also endanger the wider community by poisoning the air, water and soil, or causing a fast-burning fuel fire. The best result of this type of accident is a temporary evacuation and cleanup; the worst could be a toxic spill that poisons the innocent people unlucky enough to live nearby.

We were lucky this time to avoid a fire or another serious consequence of this diesel spill. But accidents with large trucks happen frequently in Florida, and unfortunately, some are the fault of trucking companies and truckers more interested in profit than safety. If you believe a trucker’s bad decision seriously injured someone you care about, you have the right to hold him or her responsible for the results with a Florida trucking accident lawsuit. Contact Cohn, Smith & Cohn for a free consultation on your case and your rights.

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Posted In: large truck accidents

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