South Florida Injury Attorney Blog

A recent article in the Tampa Bay Tribune explores in detail one of the ugliest statistics about our state's traffic safety: In 35% of Florida car accidents, someone leaves the scene without stopping, according to 2006 numbers from the state Department of Highway Safety and Motor Vehicles. By contrast, the National Highway Traffic Safety Administration reports that California, another high-population state, had a hit-and-run rate of just 18% in 2002.

The article goes into detail, following one of St. Pete's two police investigators who work on hit-and-run accidents. The author, Jeff Klinkenberg, goes into detail about some of the trouble a hit-and-run can cause even in accidents that only cause property damage: High expenses for repairs that you didn't cause or expect. When an injury or a death is involved, both the costs and the feeling of betrayal are multiplied significantly. And despite what some Florida drivers seem to think, leaving the scene of an accident is always a crime, even if it only caused property damage. If the perpetrator is caught, he or she can expect higher insurance rates and points on his or her license; criminal charges are certain if there was a death.

According to the article, people leave the scene mainly out of fear of getting caught for other crimes, including driving drunk, driving on a suspended license, not having insurance or unrelated crimes. Younger drivers may be concerned about getting in trouble with their parents, while very elderly ones might truly not have noticed the accident. But as you know, none of these are excuses. In fact, they can make the consequences of a hit-and-run much worse if the perpetrator is caught. As with so many things, honesty is the best policy in auto accidents.

Because I work every day with Florida auto accident victims, I see firsthand the effects of drivers' irresponsible decisions to leave the scene of an accident. In addition to sticking victims with the repair and medical costs and betraying their trust, it can also cause problems with insurance coverage. If you or someone you love is a victim of a careless Florida driver who hit a vehicle and kept going, you have the right to help and answers. Contact my law firm, Cohn, Smith & Cohn, for a free evaluation of your case.

If you have been reading the news in South Florida recently, you have probably read allegations that a firefighter on the scene of a bad automobile accident stole the severed foot of a victim. According to the South Florida Sun-Sentinel, the firefighter was among those responding to the scene of an accident on I-95 in Port St. Lucie, in which a man lost control of his pickup truck and eventually crashed into a tree. His foot was severed in the accident. The normal procedure is to bring a severed limb to the hospital if there's a chance that it can be reattached, the paper reports, but in this case, it didn't find its way to the hospital until Wednesday. The firefighter is currently under investigation by her own fire department and the Florida Highway Patrol.

While I cannot imagine why someone would do this, it's almost beside the point. Even if this firefighter had good reasons for her actions, she has exposed her county to a ton of legal liability. Judging solely by the facts in the article, the county government had nothing to do with the original accident. If the victim in any Florida accident is mostly or entirely responsible for his own injuries, Florida law would reduce the amount of money he could win by the percentage of fault he bears. That is, if a jury decides he is 90% at fault, he can only collect 10% of any judgment he wins in a Florida car crash lawsuit. (Needless to say, this is just an example; I do not have all of the facts a jury would use to determine this.)

Normally, that would be the end of it. But because this firefighter interfered in a fairly unusual way, she has put herself and her department in danger of becoming defendants in a different sort of lawsuit -- one over her interference with his right to his own foot. And because county governments tend to have much more money than individuals, they make attractive defendants. If there was any chance that the foot could be reattached, this man has a major claim, of course. But even if there was not, he and every other Floridian has the right to make decisions about his own body and property.

Amputations are not the most common injury from a car or truck accident, but as you can see, it's far from impossible. Serious auto accidents can be brutal, leaving victims disabled by spinal damage or brain damage, severe burns or other catastrophic injuries. If you've been hurt in an auto accident by someone else's carelessness, including the carelessness of government agencies, you have the right to hold those people responsible for the results. Contact my firm, Cohn, Smith & Cohn, for a free evaluation of your case.

As a Florida aviation accident lawyer, I've read the statistics on airplane accidents. One fact I've learned that might surprise you is that collisions on the ground are a top cause of aviation accidents, second only to accidents caused by weather. So I was interested to see a recent report from the Associated Press saying the risk of a collision on the ground has actually gone up in the last fiscal year, according to an investigator for the federal General Accountability Office. That office's aviation expert made a report to Congress recently saying that even though runway safety is a top priority for the Federal Aviation Administration, the risk of a collision is still very high.

That number is actually a bit misleading. The actual number of runway incidents involving aircraft is exactly the same as last year's, according to the article -- but because the number of flights has dropped, the rate of incidents is up by 5%. In fact, both years represent a substantial drop from the highest rate, in 2001.

If you're not a fan of heights, it can be easy to discount the risk of a ground collision compared to the much scarier thought of an accident at 4,000 feet. But a ground collision is much more likely to be deadly. Runway collisions are not unlike car crashes, except that airplanes travel at hundreds of miles an hour before takeoff, aren't engineered to protect occupants in a crash and lack basic automotive safety measures like airbags. In fact, the article points out, the most deadly aviation disaster of all time was a ground collision in Spain in 1977, when two 747s crashed, killing 582 people.

The article also notes that human error -- mistakes by pilots and air traffic controllers -- rather than technical problems are blamed for the majority of crashes. This fits the statistics I myself have seen from the National Transportation Safety Board, which say human error is a cause in 55% of commercial aircraft crashes and a disturbing 91% of noncommercial flights (such as private planes or traffic helicopters). This is unacceptable. When someone makes a bad decision that costs you your life or health, you have a legal right to hold them responsible for the results -- financial and personal. If you or someone you love is a victim in a Florida aviation accident, you should contact Cohn, Smith & Cohn as soon as possible to discuss a legal claim.

Interstate 95 through South Florida was partially shut down twice in two weeks in late September because of serious accidents involving large trucks. In fact, the first of the crashes attracted national attention because it caused one of the trucks to lose its unusual cargo -- a load of more than $180,000 worth of nickels headed to a federal building in Miami.

According to the Orlando Sentinel, the truck carrying the nickels rear-ended another semi early in the morning, sending the front truck into the guardrail and overturning the rear truck. Four tons of coins spilled across the highway, prompting officials to close the highway both for safety reasons and to allow several federal agencies to pick up the money. The crash killed a man sleeping in the back of the rear truck and injured both drivers.

Just a week later, I-95 was closed in both directions after a series of three trucking accidents happened near the Indian River-Brevard County line. Florida Today reports that a southbound semi truck struck a guardrail and overturned onto a median at about 2:30 p.m. A few minutes later, a northbound tractor-trailer jackknifed in the northbound lanes, closing that side of the road as well. And a fire truck crashed on the way to the scene. Thankfully, no one was injured, although the tractor-trailer's driver was charged with careless driving.

As a Florida large truck accident lawyer, I am grateful that these accidents were not much worse. You are probably already aware of the dangers of accidents with Mack trucks or 18-wheelers, whose much larger weight can be deadly in an accident with a passenger car or truck. And the spilling of nickels might sound like a funny story, but if it had happened during rush hour, those four tons of coins could have caused some very serious accidents. In addition to the truck accident itself, any loss of a load adds more potential hazards to the road. Imagine reacting at highway speeds to a load of nickels, logs or boxes of consumer products that comes flying at you without warning.

And of course, unattended money could have attracted pedestrians to the highway, which is just unsafe for everyone involved. I am sure that was part of the reason authorities closed the highway for so long, and even though it was an inconvenience to many Florida motorists, I believe it was the right thing to do. Automobile accidents are very serious, causing irreversible injuries like brain damage, paralysis and amputations. We should do everything we can to prevent them -- and those who become victims anyway are entitled to collect compensation when they are hurt by another driver's carelessness. If you or someone you love is in this position, please contact my firm, Cohn, Smith & Cohn, for a free consultation on your case.

The State of Florida is the target of a class-action lawsuit by Medicaid recipients who say the state illegally forces them to enter nursing homes when they are healthy and able enough to stay home. According to the Associated Press, nearly 8,500 people in Florida institutions (backed by the AARP, among others) are part of the federal lawsuit, which claims that nursing homes' business sides have pressured politicians to make nursing homes the easiest choice for people on Medicaid, even if they could live with relatives or at home with the help of an aide.

It's easy to see why older folks would rather live at home than in an institution. Who wouldn't? For adults accustomed to running their own lives and making their own decisions, an institution can be a nightmare, especially if it is not run with the dignity of the residents in mind. In a few cases, institutions can hide and abet nursing home abuse or elder abuse, both of which are part of my legal practice, and both of which I work vigorously to stop for my clients. Nobody should be forced to go into an institution if they have a more comfortable choice available.

In fact, the article says, a nursing home or other institution may not even be the cheapest choice. For people who can live independently, a nurse's aide who drops by once or twice a day is by far cheaper than entering an institution, which provides meals, housing and constant care. However, says the article, it's more difficult to get this type of community-based care and the waiting list is longer. So if the allegations in the lawsuit are true, not only are older and disabled Floridians being stripped of their dignity, but every Florida taxpayer is paying for it.

Helping correct these sorts of injustices is one of the most rewarding parts of my work as a nursing home abuse and elder abuse lawyer. I look forward to learning more about this lawsuit. But if you believe someone you love is a victim of elder abuse or abuse at a nursing home, now is the time to act. Contact our firm, Cohn, Smith & Cohn, today for a free consultation.

The Associated Press reports that sixteen professional athletes, including Florida Panthers hockey player Noah Welch, have agreed to donate their brains after they die for research into concussions. The donations will help medical researchers at Boston's Center for the Study of Traumatic Encephalopathy better understand the effects of the repeat concussions that many professional athletes sustain in the course of their work. The project is a joint venture between the Boston University School of Medicine and the Sports Legacy Institute. The SLI was founded by Chris Nowinski, a former college football player and wrestler who became a neurologist.

This is great news, and long overdue. As a Florida brain injury lawyer, I've worked with many victims of traumatic brain injuries -- injuries to the brain caused by a blow or pierce wound to the head. These are serious, disabling injuries that always impair the victim's ability at least slightly and cannot be cured. After falls and traffic accidents, sports injuries are the most common cause of civilian traumatic brain injuries (TBIs). Worse, because athletes are often under pressure to perform and to be tough, they are frequently discouraged from leaving the field after a mild concussion. Not only does this deny them access to medical care, it also raises their chances of death or serious brain damage after another TBI.

The donors include six former NFL players, which raises another issue: Some former players' allegations that the NFL unfairly denies disability benefits to former players who sustained multiple concussions on the field. (None of the NFL alums involved Nowinski's project are making those allegations, at least in this article.) Some former NFL players have developed memory loss, depression and other symptoms consistent with multiple concussions.

Part of the problem is that brain injuries are still not fully understood; the effects of a minor concussion can actually go unnoticed for days or weeks, even when medical tests show clear signs of injury. Players and coaches need more information to make the best decisions possible after an injury, which is why studies like these are so important. I applaud the selfless decisions of these athletes to donate their brains to science, and I hope this and similar projects are able to help prevent devastating traumatic brain injuries for other athletes.

If you or someone you love has suffered a brain injury through sports, a car wreck or another serious accident, contact Cohn, Smith & Cohn today to discuss your rights and your legal options.

The Florida Department of Highway Safety and Motor Vehicles had some good news for us recently when it issued its 2007 Florida Crash Statistics Report on Sept. 19. Like the federal Department of Transportation report that I wrote about in August, the report collects car, truck, motorcycle, bicycle and pedestrian accident data for the entire calendar year.

And like that report, it showed that traffic crashes were down overall in Florida in 2007. Our state saw 3,221 traffic fatalities in 2007, a 4.28% decrease from 2006. In fact, when measured per 100 million vehicle miles traveled, Florida saw the fewest traffic deaths in recorded state history in 2007. That's the good news. The bad news is that Florida has work to do in other areas, particularly in alcohol-related crashes and in motorcycle accidents. Alcohol-related fatalities jumped a surprising 13.1%, from 1,099 in 2006 to 1,244 in 2007, although alcohol-related injuries and crashes each fell slightly. And while motorcycle fatalities did drop by 0.77%, overall crashes jumped by 2.39% and motorcycle injuries increased by 3.18%. The full version of the report can be found in PDF format here, on the department's Web site.

These two areas concern me greatly. I am a motorcyclist myself, as is my wife, and we have watched with concern as the national rate of motorcycle accidents has climbed over the past decade. And as a Florida automobile accident lawyer, I am particularly concerned about alcohol-related crashes because I frequently see the results firsthand, and they are painful. Drunk driving causes wrongful deaths, serious burns, head injuries and other devastating injuries -- and it is easy to prevent. Similarly, statistics show that many Florida motorcycle accidents are caused by drivers simply failing to see motorcyclists.

Both problems could easily be prevented with a little more care, saving thousands of lives each year. But if you or someone you love has already become a victim of a serious Florida traffic accident, you have the right to collect financial compensation for your injuries and your bills. Contact my firm, Cohn, Smith & Cohn, to learn more about how we can help you protect your rights and hold careless drivers responsible for their actions.

The news has been unpleasant lately for Florida travelers on two wheels. The Tampa Tribune reported two separate hit-and-run accidents in the Tampa area in the same day -- one involving a motorcyclist and passenger and one involving a bicyclist. All three were taken to a hospital.

The bicyclist was struck from behind by a pickup truck while riding in the right lane; he was thrown into a parking lot. According to witnesses, the truck left without stopping or leaving skid marks. In the motorcycle accident, the motorcyclist was proceeding straight, legally, when a Ford turned into the bike's path, hitting its left side. Both the rider and his passenger were thrown from the bike. In both of these cases, the two-wheeled vehicle was not breaking any traffic rules, from what the report said; the drivers of the car and truck either failed to see them or failed to respect their status as other vehicles. In fact, as a motorcyclist myself and a Florida motorcycle accident lawyer, I can tell you that a car or truck turning into the path of an oncoming bike is unfortunately one of the most common types of motorcycle accident.

As a South Florida accident lawyer, I work with victims of traffic accidents every day, which is why I feel strongly that there is never any excuse for a hit-and-run accident. When the person at fault refuses to stop and take responsibility for his or her actions, the victims are in a sense victimized twice -- once by injuries that are not their fault, and again by the doubt and uncertainty of not knowing whose fault it actually is. This is important for practical as well as personal reasons; it may complicate any insurance claim the victims make and will certainly add extra red tape to a situation that already counts as a nightmare for many of my clients.

Because leaving the scene of an accident is a crime, the perpetrators will be criminally charged, if they are caught. They have also set themselves up for a big disadvantage in any motorcycle or bicycle accident lawsuit the victims choose to file. Juries and judges rarely look kindly on drivers who drive on by and leave the people they injured lying in the street, even if there is no criminal conviction.

If you or someone you love was hurt in a car, motorcycle or bicycle accident caused by someone else's irresponsible driving, please contact our firm, Cohn, Smith & Cohn, to learn more about your rights and your case.

The news from our Central Florida neighbors has focused recently on a terrible Florida trucking accident that happened between a semi truck and a school bus on September 23. The truck rear-ended the school bus in Citra, near Ocala, causing both vehicles to burst into flames. The accident killed a 13-year-old girl, a middle school student on the bus. Nine other students were injured, along with the bus driver and the driver of the truck.

Importantly, the Florida Highway Patrol believes the truck driver was using a cell phone right before the accident. According to the Orlando Sentinel, the driver told the FHP he was using the phone on the day of the accident, but refused to say exactly when. Authorities told the paper that the driver will be charged with reckless driving, at a minimum, depending on whether their investigation turns up new information.

Banning the use of cell phones while driving isn't popular with everyone; only a handful of states require drivers to use hands-free headsets on the phone. But as the article notes, this accident serve as a wake-up call for Florida drivers who continue using their phones on the road. As a Florida auto accident lawyer, I see plenty of accidents that were caused by distracted driving -- using a cell phone, eating, rubbernecking and other activities that take the driver's eyes off the road. In fact, a 2006 study by the AAA and the Virginia Tech Transportation Institute found that distractions made a driver almost three times more likely to be in an accident. Phones, drowsiness, reading and eating were the most common distractions the study found.

The Governor of California signed a law banning text messages for drivers of any age in the same week that the accident occurred. California had already banned talking on the phone while driving. Those laws may be a tough sell in freedom-loving Florida, but I believe they would make our roads safer. A serious traffic accident is a life-changing event that causes death or very serious injuries, and we should do all we can to prevent them. But if you or someone you care about has already become a victim of a serious traffic crash, you should speak to us at Cohn, Smith & Cohn to discuss your rights as an accident victim and the legal options open to you. You can reach our main office at (954) 431-8100 or click here to fill out our confidential online case evaluation form.