South Florida Injury Attorney Blog

At least six lawsuits have been filed in response to a 70-car pileup that took place on Interstate 4 in January of 2008, the Lakeland Ledger reported Jan. 30. One woman who was widowed in the crash filed a Florida trucking accident lawsuit against a trucking company whose driver she alleges was not paying attention to the road when he slammed into cars that had already crashed, rolling the truck over onto her husband’s car and killing both drivers. Another lawsuit accuses several state agencies of negligence in allowing a controlled burn to spread, creating a wildfire whose billowing smoke allegedly obscured the view of drivers on the highway and caused the crash.

The road was both smoky and foggy on the day of the crash, which the Ledger said started when a man in a truck rear-ended a semi that had slowed because of the bad visibility. Twenty-two more vehicles crashed into them and each other, leaving four people in the 24-car crash dead. Other pileups that day along the same stretch of highway involved 46 other cars; the combined crashes left five people dead and 37 injured. A Florida Highway Patrol report in January said no charges would be filed aside from the 12 careless driving tickets already issued, but most of the crashes could have been avoided if drivers had slowed down to accommodate the smoke and fog.

That article also says that Florida Agriculture Commissioner Charles Bronson denied that the smoke from the Fish and Wildlife Conservation Commission fire played any part in the accidents. However, as a South Florida trucking accident lawyer, I believe the FHP report will provide compelling evidence to the contrary in these Tampa auto accident lawsuits and Polk County trucking accident lawsuits. Most of the lawsuits the paper reported allege negligence by truckers and trucking companies as a cause of the pileup -- and while that may certainly be a factor in this tragedy, it’s clear that visibility likely also played a part.

Suing a government agency is entirely appropriate when that agency bears responsibility for an injury -- but it requires victims to overcome multiple bureaucratic hurdles. Thanks to the legal doctrine of sovereign immunity, governments can and do set very tight deadlines or special filing requirements that can make or break a case. That’s why experts recommend that people with cases of government negligence get help right away from an experienced Florida auto accident attorney. Cohn, Smith & Cohn has more than 25 years of experience working exclusively with victims of serious accidents; we can help. For a free consultation on your case and your legal options, call us at (954) 431-8100 or contact us online today.

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Posted In: automobile accidents , large truck accidents

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The Florida legislature is considering a law that would enable law enforcement officers to pull over drivers for not wearing a seat belt, Tallahassee’s WCTV reported Feb. 4. Rep. Rich Glorioso of Plant City introduced the bill, which strengthens Florida’s existing seat belt law. Similar legislation has been considered by the Florida legislature before, but died, in part because of concerns that it would enable or encourage racial profiling. This year, the bill comes with an added incentive: If it passes, the Florida Department of Transportation would be eligible for $35 million for improving our highways.

Currently, Florida has what’s called a “secondary enforcement” law, which means law enforcement can’t pull drivers over just because someone in the vehicle isn’t wearing a seat belt. However, if the driver is pulled over for another reason, an officer is free to ticket him or her for seat belt violations as well. According to the National Transportation Safety Board, 23 states have such laws; 26 others and Washington, D.C. have primary enforcement laws, which allow officers to make traffic stops over seatbelt violations alone. (New Hampshire alone has no seat belt requirements at all.)

Glorioso told reporters that the legislation could save 200 lives a year and prevent 2,700 more serious injuries from car crashes. That assertion is borne out by numbers from the National Highway Traffic Safety Administration, which says seat belts reduce the risk of death for front-seat occupants by 45% and injury by 50%. More than 15,000 lives were saved in 2007 alone by the use of seat belts, the agency estimates. In the same year, the NHTSA says, 70% of people killed in car or light truck accidents weren’t wearing seatbelts.

There is a legitimate argument to be made that adults should have the freedom to choose to take those risks. But given these numbers, it seems clear that buckling up is the safer thing to do, law or no law. Furthermore, studies of states that went from a secondary enforcement law to primary enforcement, as Florida would do, find millions in cost savings to state and federal government health care programs, which pick up the tab when someone without medical insurance is seriously injured. One study of Massachusetts hospital data predicted $9.6 million in savings to federal and state governments because of a new primary enforcement law, in addition to $55.8 million in savings to insurance companies.

Even if the current proposal never becomes law, Florida drivers should seriously consider wearing seatbelts to prevent some of the very serious effects of an auto accident. Car wrecks can kill their victims or cause permanent disabilities, including amputations, brain damage and paralysis. When they are caused by another person’s carelessness, victims have the right to fight back with a Florida car accident lawsuit. Cohn, Smith & Cohn helps clients throughout South Florida win money to pay their medical bills, repair bills and other costs of the accident, as well as compensation for a serious injury, physical pain and even the death of a loved one.

To set up a free consultation about your own case with our experienced Fort Lauderdale car crash attorneys, please contact us online as soon as possible.

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Posted In: automobile accidents

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Bad economic news is also bad news for responsible drivers, according to a new study from the Insurance Research Council. ABC Action News in St. Petersburg reported Feb. 5 that the industry group predicts uninsured drivers will swell by 2.3% nationally between 2007 and 2010, to a total of 16.1% of all drivers. The organization reached that number using a projected increase in the number of unemployed workers in the U.S., noting that uninsured driving correlates with unemployment rates.

Florida already has the fifth largest percentage of uninsured drivers of any state, the group said in a press release (PDF). Using claims information involving uninsured drivers, the Insurance Research Council estimated that 23% of all Florida drivers were uninsured between 2005 and 2007. That number may be an underestimate, since it only counts uninsured drivers involved in a claim to one of the insurance companies that belong to the group. The increase in unemployment may raise that number further, raising the disturbing possibility that more than one in four Florida drivers may be driving without insurance in the next year.

Uninsured drivers are a problem for everyone because they can’t pay for any damage they cause in a Florida auto accident. If you carry only the minimum required liability insurance in Florida, you’re insured only for the damage you might cause to other people and their vehicles in an accident. Other people’s insurance should cover the damage they might do to you if they are at fault for the accident. But of course, you can’t collect on an insurance policy that doesn’t exist. You are still free to sue the at-fault driver -- but most people don’t have even a fraction of the money needed to pay for a serious Florida car wreck. That may be especially true if drivers are choosing to illegally go without insurance for financial reasons.

This situation harms accident victims twice -- once during the accident and again when they are saddled with medical bills, repairs and other costs caused by someone else’s careless driving. Uninsured/underinsured motorist insurance coverage protects drivers in just this situation, which is why experts increasingly recommend it for Florida drivers. Unfortunately, insurance companies often find spurious reasons to deny expensive uninsured/underinsured motorist insurance claims, even when it’s clear that the claim is covered. Victims may need help from a Florida auto accident lawyer with substantial experience in insurance issues to collect the money they are entitled to.

If you or someone you love is struggling with insurance companies over an uninsured motorist claim, you don’t have to put up with it. The experienced Florida car accident attorneys at Cohn, Smith & Cohn can explain and protect your rights, negotiate on your behalf with insurance companies and, if necessary, argue aggressively on your behalf in court. We offer free consultations to all potential clients, so there’s no risk in talking to us about your case and your options. To set up your free case evaluation, contact us online today.

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Posted In: automobile accidents

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A train hit a semi truck stopped on the tracks in Florida’s Panhandle, spilling its load of Valentine’s Day roses but leaving everyone involved unharmed. Panama City’s WJHG reported Feb. 3 that the semi was stopped just north of Interstate 10, stuck behind a dump truck waiting to make a turn. Witnesses said the dump truck didn’t move even when traffic was clear, trapping the semi on the tracks. The impact damaged the train’s front and the semi’s trailer and spilled roses across the area, but fortunately, none of the four people involved were hurt. The dump truck’s driver left the scene; the Florida Highway Patrol is investigating.

Of course, not all of the facts are in that article, but the facts reported make it a strong possibility that the dump truck’s driver is legally responsible for the accident. If so, this story would be a great example of the fact that accidents can be caused by people who aren’t directly involved in them. We think of accidents as primarily the responsibility of people in the vehicles, but the actions of others behind the scenes -- other motorists, auto parts manufacturers, road maintenance workers -- can matter. In fact, experts believe very few accidents are entirely the fault of just one of the people involved.

Victims of serious Florida accidents may still sue for financial compensation even if they bear some responsibility for their own injuries. Florida law allows juries and judges in Florida trucking accident lawsuits to determine exactly what percentage of fault is borne by each person involved. If the victims are found to be partially at fault for their own injuries, any money they collect is simply reduced by the amount of fault they bear. For example, let’s say a jury deciding fault in the truck accident above awards the semi’s driver $10,000, but finds that he is 5% at fault. The semi’s driver would still be able to collect the jury award, but he would only collect $9,500, rather than the full $10,000.

The Hollywood law firm of Cohn, Smith & Cohn represents people throughout South Florida who have been seriously injured or lost a loved one in severe trucking accidents. When trucks hit cars, they frequently leave the people inside dead or with catastrophic injuries such as brain damage, paralysis and severe burns. If you or someone you love was hurt because of a trucker’s or trucking company’s carelessness, you have the right to hold them legally responsible for your bills and injuries with a Florida truck accident lawsuit. To set up a free consultation and learn more about your rights, you can contact Cohn, Smith & Cohn online.

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Posted In: large truck accidents

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Two ambulances collided in Orange County Jan. 12, Orlando's WESH has reported. The station wrote that both ambulances had their sirens and lights on when one clipped the other at the intersection of Silver Star Road and Apopka-Vineland Road. The ambulance then hit a passenger car with a mother and daughter in it. The mother and daughter, as well as a patient and an EMT from one of the ambulances, were taken to the hospital. Another station, WFTV, reports that everyone involved sustained only minor injuries, fortunately.

This article caught my eye because, as a Fort Lauderdale auto accident lawyer, I happen to know that crashes between professionally driven vehicles are very rare. Buses, delivery trucks and even semis are not involved in fatal accidents nearly as often as private cars, trucks and SUVs -- although the results are often terrible when they are. And according to 2007 statistics from the federal Department of Transportation, the vehicle types that are mostly likely to be used as ambulances -- large vans, step vans and cab chassis-based light trucks -- collectively represent fewer than 2% of all vehicles involved in fatal accidents.

Unfortunately, a closer look reveals that ambulances are an exception. According to this 2003 report by the U.S. Centers for Disease Control and Prevention, EMS workers sustain 12.7 deaths per 100,000 workers, almost always due to traffic accidents. That's well over the overall rate of fatal traffic accidents and even higher than the rate of traffic deaths for firefighters and police officers. However, the CDC report goes on to say that about two-thirds of those who die in ambulances are passengers -- not EMS personnel. And other statistics show that more than three-fourths of the victims in ambulance crashes are the people in other vehicles. So in fact, the majority of those hurt in ambulance crashes are patients or random citizens who were just unlucky enough to be in the way.

The CDC report does not examine accident causes, although it does note that EMTs not using seatbelts is one factor in injuries. However, when an ambulance crashes into a passenger car, the large weight difference means that the car is likely to be seriously damaged, placing the people inside at risk of death or very serious injuries. And when the crash is the ambulance driver's fault, those people are victims of negligent driving. Just like victims of a crash between two private cars, they have every right to sue the negligent drivers -- and, if appropriate, the government agency employing them -- to seek compensation for their injuries and losses.

Lawsuits against government agencies can be very complicated, requiring advance notice and other special steps before any lawsuit can actually be filed. If you believe you have a claim against a government agency for an ambulance crash or any other negligence by a government employee, you should always get advice from an experienced Florida accident lawyer. Our firm, Cohn, Smith & Cohn, can help. To set up a free consultation with our Florida auto accident attorneys, please contact us online as soon as possible.

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A Florida Highway Patrol officer has called for Manatee County motorists to be very careful after the county saw deaths in serious motorcycle accidents in about six weeks. The Bradenton Herald reported that the latest accident happened early on Jan. 11, when a van's driver pulled out of a driveway in front of an oncoming motorcycle. The ensuing crash threw the motorcyclist off his bike and killed him. The van's driver has been charged.

In two of the other fatal South Florida motorcycle accidents, motorcyclists were killed by passenger vehicles that turned in front of them. In at least one of those accidents, the driver of the car was allegedly impaired. The fourth fatality was a single-vehicle crash in which the motorcyclist lost control. Unfortunately, the article says this tracks larger motorcycle accident trends. According to the 2007 accident statistics from the Florida Department of Highway Safety and Motor Vehicles, deaths in Florida motorcycle accidents more than doubled between 2000 and 2007, and the number of Florida motorcycle crashes overall almost doubled, from 5,075 to 9,205.

In response, FHP Lt. Chris Miller suggested that both motorcyclists and drivers take a little more care on the road. Noting that most fatal crashes are caused by drivers pulling out or turning in front of an oncoming motorcycle -- an assertion backed by statistical evidence -- he said drivers should be sure to look for motorcycles, especially at driveways and intersections. He also told motorcyclists to avoid speeding, make eye contact with drivers, wear bright colors and be ready to take evasive action if they must.

With more motorcycles on the road than ever, that's good advice for everyone -- riders and drivers alike. My wife and I both ride, so this is personal to me. As a motorcycle accident attorney in Fort Lauderdale, I see the life-shattering results of motorcycle accidents every day: Unnecessary deaths or disabilities, six or seven figures in medical bills, lost jobs and sometimes an uphill battle with an insurance company. At Cohn, Smith & Cohn, we are proud to help our clients get back on their feet by dealing with insurance and winning the money they need to pay their bills, make up for lost income and get back on the road. If you or someone you love has been hurt in a motorcycle accident with a careless driver and you would like to talk about how we can help, please contact us online to set up a free consultation.

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Posted In: motorcycle accidents

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The National Safety Council called Jan. 12 for a complete nationwide ban on using cell phones while driving, CNN reported. The organization, a nonprofit coalition of businesses and insurance companies formed by Congressional charter, cited studies showing that using a phone quadruples a driver's risk of being in an accident, causing 2,600 deaths, 12,000 serious injuries and $43 billion in costs every year. Comparing the practice to driving drunk, the council sent letters to every state legislature and governor, urging them to pass laws banning all cell phone use behind the wheel.

The call comes on the heels of a recent University of Utah study concluding that drivers talking on hands-free headsets drove substantially less well than drivers talking with passengers. In fact, the NSC cited the Utah study in arguing that hands-free headsets are no better than handsets. In response, CTIA, a wireless industry organization, pointed out that phones are just one of a number of driver distractions that can cause accidents, suggesting that they were being unfairly singled out.

As a Fort Lauderdale auto accident lawyer, I believe they're both right. Studies consistently show that distracted driving is dangerous, whether that distraction is staring at an accident, eating a sandwich or sleepiness. Drivers should be more aware of all of those potential dangers. What makes cell phones different, and worthy of singling out, is the fact that they are everywhere. The CNN article says 90 percent of Americans have phones, and 81 percent admit to using them while driving. Those numbers are so high that it makes sense to make cell phones a priority when making safety laws.

Car, truck and motorcycle accidents cause thousands of deaths each year in Florida alone and tens of thousands of serious injuries, including traumatic brain injuries, amputations, paralysis and other lifelong disabilities. If you or someone you love is a victim of this type of serious accident and it was caused by someone else's carelessness, you have the right to hold them legally and financially responsible for their actions. For a free consultation with Cohn, Smith & Cohn's experienced Coral Springs auto accident lawyers, please contact us through our Web site.

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Posted In: automobile accidents

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Florida's traffic safety laws are adequate, a traffic safety advocacy group says, but they could be a lot better, the Tampa Tribune reports. The Advocates for Highway Safety, a coalition of consumer, insurance, law enforcement and safety organizations, released its 2009 Roadmap Report on Jan. 12. The group produces a report on highway safety laws for each state and the District of Columbia, grading them on number of highway deaths as well as passage of safety laws. Those safety laws include mandatory seatbelt, helmet and child safety seat laws; regulations on teen driving; and DUI laws.

According to the article, Florida scored right in the middle of the states, making it "yellow" (needs work) rather than "green" (good) or "red" (bad). Our state also got a numerical grade, 9 out of 15, which represented an improvement over the previous year. The improvement came from a slight decrease in overall highway deaths, as well as a new intoxicated driving law passed by the Florida Legislature. The law requires an ignition interlock device -- a breathalyzer -- in cars of people convicted of repeatedly driving under the influence of alcohol or drugs in Florida. However, the group said, it would have preferred that the law cover first-time offenders as well.

Other laws on the group's wish list include:
• Mandatory helmets for every motorcyclist.
• Mandatory booster seats for children ages four to seven.
• Graduated driver's licensing for teen drivers.
• Primary enforcement of seatbelt laws, meaning that law enforcement may pull over drivers not wearing a seatbelt. Currently, Florida law enforcement may only cite drivers for breaking seatbelt laws when the driver has been pulled over for another reason.

Not everyone agrees that mandatory helmet and seatbelt laws are a good idea, especially here in Florida. But as a Coral Springs auto accident lawyer, I understand this group's concern very well. There are well over 40,000 deaths in car, truck and motorcycle accidents each year, and in fact, motorcycle accident deaths in Florida and across the nation have more than doubled in the past ten years. When people survive a serious accident, they often come away with serious, life-changing injuries, such as severe burns, brain damage or paralysis. And in almost every case, the tragedy could have been avoided if someone had taken a little more care.

Unfortunately, nobody can undo a serious accident. But if you've been hurt by one that you know was caused by someone else's carelessness, recklessness or outright illegal behavior, you have legal rights in Florida. That includes the right to sue the wrongdoer for financial compensation for your injuries, property damage and emotional and physical pain. If you are in this situation and you would like to explore your legal options, Cohn, Smith & Cohn can help. To speak with our experienced South Florida auto accident lawyers today, please contact us online.

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As I have mentioned before on this blog, fatal motorcycle accidents are rising in Florida (and across the United States), even as fatal traffic accidents as a whole are decreasing. That issue got some mainstream national attention in early January when MSNBC picked up a story from the Sarasota Herald-Tribune. The article starts with the tragic story of Scott Stevens, a Sarasota man who was killed by a hit-and-run driver who swerved into his lane. Stevens was commuting by motorcycle to save money -- the cost of buying, fueling and insuring a bike is substantially lower than it would be for a car. The article suggests that many other drivers are turning to motorbikes for the same reason.

Unfortunately, the spike in the number of riders on Florida roads has led to a spike in the number of deaths in motorcycle wrecks. The article says motorcycle registrations are up by 60% in Sarasota and Manatee Counties since 2002, and new motorcycle purchases nationwide went up by 29% over the five years between 2001 and 2006. Meanwhile, deaths nationally have risen sharply: The pure number of U.S. motorcycle fatalities more than doubled between 1997 and 2006, and the rate per vehicle miles traveled almost doubled. In Florida, the article says, 1999 saw 155 motorcycle crash deaths, while 2007 saw 517.

Florida's new law making training mandatory for all new motorcyclists -- regardless of age -- is one solution. However, I believe that the sheer number of bikers on the road may be another solution, one that does not require any new laws at all. As a Florida motorcycle accident attorney, I have read a lot of research on crashes. This research frequently says that drivers run into motorcyclists because they're not looking for motorcycles -- and thus, they "don't see" bikes coming, even when the bikes are easily visible. Motorcyclists have been relatively rare on U.S. roads over the past 30 years, but if the increased interest in motorcycling holds, they may become common. And if they do, drivers (at least new drivers) may naturally learn to look for motorcycles on the roads.

Of course, this process would take a long time, and Florida motorcyclists need protection from careless drivers now. For the sake of both my own family (my wife and I both ride) and my clients, I hope they get it. As the MSNBC article said, motorcyclists don't have the protection of a steel cage, airbags or seatbelts in a crash, which makes them much more vulnerable in a crash. That means motorcycle accidents in Florida frequently lead to wrongful deaths, brain injuries, paralysis or other life-changing injuries. And unfortunately, studies show that the majority of multi-car motorcycle wrecks are caused by the other motorist -- usually a car, truck or SUV.

If you or someone you love was seriously hurt in a motorcycle accident caused by another person's negligence, you have the right to hold that person legally responsible. My firm, Cohn, Smith & Cohn, can help. To learn more about your legal rights and our experience as South Florida motorcycle accident lawyers, please contact us online for a free consultation.

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The Florida Supreme Court recently handed down a decision that many see as a victory for families of wrongfully killed children in Florida. In Fields v. Kirton, No. SC07-1739 (Dec. 11, 2008) (PDF format), the state high court considered whether parents and guardians may sign a release on behalf of their minor children, when the release has to do with a commercial activity. It decided that they do not have the authority to release their children's liability, which means that the estate of any minor killed in a commercial setting may now sue for wrongful death in Florida.

A release is a contract limiting or removing the legal liability of the company offering the commercial activity. In short, it generally says that you agree to not sue the company if the child is injured during the activity. They are routine parts of the business of bumper car parks, batting cages and other commercial activities that could be dangerous. In this case, a waiver was signed by the father of Christopher Jones, a 14-year-old who was killed at a motorsports park after his ATV landed on top of him. The representative of the teen's estate, Jordan Fields, eventually sued the park and some of its personnel for wrongful death. The defendants asked to throw it out, pointing to the waiver and release the elder Jones had signed. The trial court agreed. On appeal, the Fourth District Court of Appeals reversed that decision, allowing the estate to sue.

The Florida Supreme Court agreed with that decision, ruling that all waivers signed on behalf of minors are invalid in Florida, if the waiver was for a commercial activity. Pointing out that waivers and releases protect the best interests of the business, not the minor, it wrote that these contracts leave the business with no incentive to take reasonable care for the minor's safety. That leaves a strong possibility that the family and the state will suffer the personal and financial burden of the injury, the majority wrote. However, the court drew a distinction between "commercial activities" and "school-sponsored" or "community-run" activities. Citing caselaw from Florida and elsewhere, it wrote that commercial enterprises may buy liability insurance, whereas nonprofit or school enterprises cannot afford it and may choose to close rather than provide services.

Practically speaking, this means that no release or waiver of liability for a minor engaged in a commercial activity is valid in Florida. (After all, minors may not form contracts for themselves.) That could be very important to Florida families that have lost children to a business's careless or reckless behavior. The wrongful death of a child is devastating; the family's discovery that they have no legal recourse against the responsible parties only compounds that pain. Thanks to this ruling, Florida families can now hold responsible parties liable for illegal or negligent actions and seek justice for the children they've lost forever.

As a wrongful death attorney in Aventura, I know all too well that it's impossible to put a price on a human life. But wrongful death lawsuits offer practical benefits to families: money for medical bills, funerals and other expenses related to the accident, as well as the chance to hold wrongdoers legally responsible for the results of their actions. If you have lost someone you love to someone else's carelessness and you'd like to learn more about your options, please contact our experienced South Florida wrongful death attorneys for a free consultation.

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Posted In: injuries to minors , wrongful death

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