South Florida Injury Attorney Blog

A 67-year-old construction worker was killed instantly in an accident involving a concrete pump, Miami’s CBS 4 reported April 27. The unnamed man was apparently working on the ground early on Monday on a new mixed-use development in Kendall, across from the Dadeland Mall. The telescoping arm attached to a concrete pump truck somehow detached from the truck and fell on him. He was killed instantly, according to the article. A supervisor at the concrete company, C&C Concrete, said he was not sure what went wrong, but Miami-Dade police and the Occupational Safety and Health Administration will both investigate.

I’m sad to say that this is the second South Florida construction accident I have read about in a week. The week before, a Broward County worker died when a dump truck driver backed over him as he removed cones from the highway where he was working. As I wrote then, construction work has one of the highest injury and fatality rates of any occupational category, according to the federal Department of Labor Statistics. And despite the many safety rules construction sites must follow, being struck by a heavy object is the second most common fatal construction accident, after falls from a height. Other major killers at construction sites include electrocution and accidents with heavy equipment.

Under federal law and many state laws, construction companies must follow basic workplace safety rules to prevent these serious accidents. But some companies and workers choose not to follow these laws, simply because not doing so is cheaper. In making that choice, these companies are consciously and explicitly putting their profits ahead of worker safety. If this failure to follow the rules later results in a serious accident, the hurt workers or their loved ones have the right to hold that company legally and financially responsible for the results of its choice. A Pembroke Pines construction accident lawsuit can help them recover compensation for their injuries or the loss of a loved one, as well as for pain, suffering and the costs of medical care and lost wages caused by the accident.

If you or a loved one has suffered a serious injury in a Florida construction accident, you should speak to our firm, Cohn, Smith & Cohn, as soon as possible. Our Weston construction accident attorneys have more than 25 years of experience representing victims of very serious injuries at construction sites and due to work-related car and truck accidents. Even if you are collecting workers’ compensation, we may be able to help. To learn more at a free, confidential consultation, please contact our firm online or call us today at (954) 431-8100.

A construction worker was in critical condition after he was pinned under the wheels of a dump truck for nearly an hour, the South Florida Sun-Sentinel reported April 21. The accident happened late on the night of April 20, when the victim, Airsteed Bell, was moving cones in South Federal Highway to allow trucks into a formerly blocked-off lane. Dump truck driver Alexis Martin backed up the truck, running over Bell and pinning him under the wheels of the truck until rescue workers could free him. He said he could not see Bell. Both the police and inspectors from the federal Occupational Safety and Health Administration are investigating.

As a South Florida construction accident attorney, I took special notice of this story because OSHA got involved so quickly. The story doesn’t give enough details for us to say for sure, but the interest of these federal regulators suggests that they think good safety practices may not have been in use at the site. If any workplace fails to meet its basic safety requirements under federal or state safety regulations, victims of serious workplace accidents may sue that employer for the cost of their injuries, the wages they lost and compensation for their injuries, pain and suffering.

Many workplaces in the United States are subject to OSHA’s occupational safety laws, but construction sites come under special scrutiny because they have one of the highest accident rates of any industry. According to the federal Bureau of Labor Statistics, 13 out of every 10,000 construction workers were killed on the job in 2006. Because of the nature of construction work, workers were most commonly hurt or killed by falls; being struck by or against a heavy object; and contact with machinery. But over all industries, transportation accidents are by far the most common killer of workers. According to 2007 numbers from the Bureau, transportation incidents accounted for 42% of worker deaths that year, and another 25% were highway incidents.

If you or a loved one has suffered a serious injury or death on the job, you should speak to Cohn, Smith & Cohn as soon as possible. Our Fort Lauderdale construction accident lawyers help clients throughout South Florida who have lost a loved one or been seriously injured because someone else chose not to follow required safety rules at work. We can help people who need help getting or keeping fair workers’ compensation payments, as well as those who would like to file a Hialeah construction accident lawsuit in addition to or instead of claiming workers’ comp. And we offer free consultations, so you risk nothing by speaking to us about your situation.

To set up a free, confidential consultation with Cohn, Smith & Cohn, please contact us online today or call our main Hollywood office at (954) 431-8100.

A motorcycle rider is hospitalized in critical condition after a serious accident with a stolen car. According to the South Florida Sun-Sentinel, motorcyclist Guy John of Tamrac slammed into a stolen Chrysler Sebring that turned out of a gas station driveway in front of him April 20. The driver, John White, fled the scene of the accident, but later slammed the car into a tree. He was found by police hiding in an enclosure designed for a Dumpster. He is charged with grand theft auto and resisting an officer, and may be charged further once John’s condition is clear.

If there is a silver lining to this tragic situation, it may be that John and his family won’t have to fight with insurance companies over whether this accident was his fault. In many crashes between a motorcycle and a passenger car, the insurance company for the driver takes every opportunity to blame the motorcyclist for his or her own injuries. As a motorcyclist and a Pembroke Pines motorcycle accident lawyer, I see this sort of cynical cost-cutting more often that I would like. Unfortunately, it can be convincing to juries who believe that motorcyclists are all risk-takers and law-breakers who love to speed. But in this case, it’s clear that White, the car thief and hit-and-run driver, is the law-breaker.

In cases like this, where the other driver is criminally charged, people without much legal experience might wonder whether victims even have the ability to pursue an Aventura motorcycle accident lawsuit. Not only do they have that right -- regardless of whether police are pursing criminal charges -- but in my experience as an attorney, criminal charges against the defendant can strengthen a civil case considerably. Criminal charges that are directly related to the injury show juries that law enforcement thought the defendant’s behavior was not only unsafe, but even illegal. That’s clear evidence of negligence, or severe carelessness, which you must prove in order to win a motorcycle accident claim.

If you or a loved one has been in a serious motorcycle accident in South Florida and you believe it was another driver’s fault, our firm, Cohn, Smith & Cohn, would like to help. I am a Coral Springs motorcycle accident attorneywith more than 25 years of experience. More importantly, I ride (and so does my wife) -- which means I understand what motorcyclists are up against, both on the roads and in the courtroom. You can count on our firm to stand by your side, even when the other side is exploiting tired anti-motorcycle stereotypes to avoid responsibility for your injuries.

Cohn, Smith & Cohn offers free, confidential consultations to potential clients, so you risk nothing by speaking to us about your legal options. To set one up, please contact us online or call our main office in Hollywood at (954) 431-8100.

In possibly the most serious boating accident Florida has seen in 15 years, a crash between a 22-foot vessel and a tugboat killed five people, the Florida Times-Union reported April 16. The newspaper said the pleasure craft was carrying 14 people when it hit a 25-foot tugboat anchored at a dock construction site near Palm Valley. The crash killed five people and injured nine others, throwing many into the water. Nobody was on board the tugboat. Investigators from the Florida Fish & Wildlife Conservation Commission are investigating the cause of the accident.

Initial reports suggested that authorities were investigating the tugboat. However, the Times-Union reported that the 22-foot boat, which is rated for only 12 passengers, was overloaded with the 14 people on board. Rescuers also found alcohol aboard, the newspaper said, although it is not clear who may have consumed it. A spokesman for Fish & Wildlife also said that speed was likely a factor, given the amount of damage to the vessels. Authorities have already interviewed the crash survivors who were able to talk about the accident, but expect the full investigation to take quite a while. The National Transportation Safety Board, which is investigating along with Fish & Wildlife, said its investigation could take a year.

It’s clearly too soon to say whether carelessness or intoxication contributed to this accident. But if it did, victims and their loved ones would be entitled to file a Florida boating accident lawsuit against the person or people responsible for the bad decisions. In addition to the possibility that someone may have been boating under the influence -- a criminal charge in Florida -- there is also the possibility that inexperience and overloading the boat caused or contributed to the accident. And because the crash took place in a dock construction site, a good South Florida boating accident lawyer should also look into whether the construction site and tugboat were well-marked and compliant with all safety regulations.

If you or someone you love was seriously hurt in a Florida boat crash like this one, our firm, Cohn, Smith & Cohn, can help. Serious accidents can leave their victims with severe financial hardships as well as debilitating injuries, pain or grief. In a Miami-Dade boating accident lawsuit, these victims can win the money they need to pay their medical or funeral bills and other costs of the accident, make up for lost wages and compensate them for their losses, injuries, pain and suffering. To learn more about your options and your rights at a free consultation, please contact Cohn, Smith & Cohn online or call today at (954) 431-8100.

A Broward County, Florida jury awarded a man $4.8 million in a South Florida auto accident lawsuit, the South Florida Sun-Sentinel reported March 13. Michael Gamson was hurt in 2003 when a drug company’s van rear-ended his car, leaving him with serious neck and back injuries. Gamson required extensive surgery, the article said, and is still in pain. He sued the drug company’s insurance company.

The article doesn’t have too many more details, unfortunately. But as a Hollywood auto accident lawyer myself, I believe this case is a good illustration of the fact that rear-end accidents can be much dangerous than people think. Even at slow speeds, a rear-end accident can cause serious neck injuries because of the mechanics of the accident. A blow from behind rocks a vehicle and its occupants forward and then backward very quickly. Because people’s heads are heavier than their necks, the result is a rapid stretching of the neck as the head snaps backward, giving rise to whiplash. Whiplash, one of the most common auto accident claims in Florida causes chronic neck and back pain as well as headaches and tingling in the arms and legs.

However, this article says Gamson was severely injured and needed multiple surgeries, which suggests an injury more serious than whiplash. At their most serious, neck and back injuries can be spinal cord injuries that cause permanent, lifelong disabilities to their victims. Severe spinal cord injuries cause paraplegia, quadriplegia and other forms of paralysis. Victims are likely to be confined to a wheelchair and may need other kinds of assistance to perform daily tasks. This is a catastrophic physical and emotional loss for anyone -- but when it happens to someone who provides the sole support for his or her family, it can also be a catastrophic loss financially.

As the Sun-Sentinel article notes, Gamson’s $4.8 million recovery can’t undo his injuries, unfortunately, but it can help him pay his medical bills and support his family while he deals with the effects of his serious car crash injury. Here at the Pembroke Pines law firm of Cohn, Smith & Cohn, we are proud to say that we’ve helped many clients in Gamson’s position win the money they need to pay bills from the accident, make ends meet and eventually move past a serious injury. If you or someone you love has been hurt in a traffic accident in South Florida and you’re ready to explore your legal options, we would like to help. To set up a free, confidential consultation on your case, please contact us online as soon as possible.

An SUV rear-ended a Broward County bus March 12, the South Florida Sun-Sentinel reported. The accident took place on State Road 7 at about 10:20 a.m., the newspaper said, when Dwayne Campbell failed to stop his SUV in time to avoid colliding with the back of the stopped bus. Campbell and seven bus passengers were taken to the hospital, the newspaper said, but all of them were fine. The crash remains under investigation.

Bus accidents of any kind -- mass transit, school and others -- are rare. Buses are just 0.5% of vehicles involved in fatal accidents and 0.5% of vehicles in all accidents, according to 2007 numbers from the federal Department of Transportation. And when buses do crash, they are more likely to do substantial damage to the people outside the bus than to anyone inside. Buses, like trucks, outweigh passenger cars substantially, which means they can kill or seriously hurt the people inside those cars in a bad South Florida bus accident -- or even a pedestrian accident in South Florida. And of course, when buses are involved in serious crashes, the potential harm is great just because there are likely to be so many people on the bus.

In this case, investigators could easily conclude that Campbell, the SUV’s driver, was at fault. As a Hollywood auto accident lawyer, I happen to know that this is especially likely for the rearmost driver in rear-end accidents. But if investigators decide the bus driver was at fault, the SUV’s driver could have a strong legal claim against the bus driver’s employer, Broward County. Most government agencies can be sued just as if they were private businesses or individuals -- but it can be a lot more difficult, because governments also make the laws that govern how you may file a suit. This has allowed them to erect special barriers you must overcome before filing a court case, including tighter deadlines and requirements to file an out-of-court grievance before suing. Because this can get very complicated, experts recommend that you get help from an experienced attorney.

The Pembroke Pines law firm of Cohn, Smith & Cohn can help. Our South Florida auto accident attorneys have nearly 25 years of experience holding wrongdoers legally and financially responsible for actions that hurt or killed the people around them. We’re proud to say we’ve helped hundreds of clients secure the money they needed to get medical treatment, make ends meet and eventually move on after a serious accident. If you’ve been hurt by another person’s bad driving or bad judgment and you’d like to know more, you can contact us online or call (954) 431-8100 for a free consultation.

A Mulberry man has died after his motorcycle was rear-ended by a car, the Ledger of Lakeland reported April 16. Charles Sheridan of Mulberry had stopped his motorcycle when he was rear-ended by a Toyota Camry. The collision threw Sheridan, who was wearing a helmet, from his bike. He was taken to St. Joseph’s Hospital in Tampa, but died there April 14. The Camry’s two occupants were not injured.

As a motorcyclist and a Hialeah motorcycle accident lawyer, I can’t help thinking that this accident could have been much less severe if both parties had been in cars. The article does not say how fast the Camry was going, but if it was slowing for a stop, chances are good that it was under 30 miles per hour. Rear-end accidents at that speed aren’t necessarily free of injuries, but when they involve two cars or trucks of a similar size, victims are not likely to be fatally injured. According to a 2007 report from the federal Department of Transportation, only 5.5% of fatal car accidents that year were rear-end accidents; that’s about a quarter of all rear-end accidents.

By contrast, about half of all rear-end crashes involving motorcycles were fatal that year. The DoT does not explain why, but as an experienced Davie motorcycle crash attorney, I can guess. Whether or not they choose to wear helmets, motorcyclists don’t have the advantage of seatbelts or a steel-reinforced structure around them. That means almost every motorcycle accident throws its victim from the bike -- and being thrown from the vehicle means the victim will hit something very hard. This can lead to extremely serious injuries, including brain injuries, damage to the spinal cord and multiple fractures. In many cases, the results are devastating and permanent.

Because their injuries are so often serious, motorcycle crash victims frequently have substantial financial problems as well. A serious injury can cause six figures or more in medical bills -- and in many cases, the victim can no longer work to pay those bills. If auto insurers blame the victim or try other tricks to avoid paying what they owe, victims may be forced to file Miramar motorcycle accident lawsuits. In a lawsuit, injured motorcyclists and grieving families can win money to replace lost wages, pay medical bills and provide for the future of someone who was permanently disabled by another person’s negligence.

If this sounds like your situation, or the situation of someone in your family, my firm, Cohn, Smith & Cohn, can help. Our Pompano Beach motorcycle wreck lawyers represent motorcyclists throughout South Florida who were seriously hurt by another motorist’s carelessness. We offer free initial consultations, so there’s no risk in speaking to us about your situation and your future needs. To learn more or schedule a consultation, please contact us online or call us at (954) 431-8100 today.

A Jacksonville police officer was issued a citation for her role in an accident with a truck in Jacksonville, the Jacksonville Times-Union reported March 9. Officer Amanda Meyer ran her cruiser into a truck that had stopped before crossing railroad tracks, causing injuries to her left arm but not to the truck’s driver. A FHP spokesperson said Meyer had glanced at a laptop mounted in the cruiser before the accident. Her citation will cost her $149 and four points on her driver’s license.

As a Hollywood auto accident attorney, I have written here several times about problems with cell phones, one of the most common distractions to drivers (though certainly not the only one). Most of us don’t compute while we drive, so laptops aren’t a widespread problem -- except for law enforcement. Law enforcement officers frequently have laptops mounted right in their vehicles, which helps them run checks, do paperwork, collect digital pictures of crime scenes and find places using GPS technology. This is a great boon to officers whose cars serve as a second (or first) office.

But just like civilian drivers, law enforcement officers have a responsibility to make sure the technology doesn’t create deadly driving distractions. Judging by the number of cell phone-related accidents I encounter in my work as a Fort Lauderdale car crash lawyer, not all civilians are good at this. Law enforcement officers, who see the terrible results of car wrecks every day, may be better.

Car crashes cause deaths and serious, sometimes permanent, disabilities such as brain damage, paralysis and severe burns. Studies show that driver distractions are the number-one cause of car accidents. If you or someone you love has been hurt by a driver who was paying more attention to a phone, laptop or other distraction than the road, you have the right to hold that person legally responsible for the results. Cohn, Smith & Cohn can help. To set up a free, confidential consultation on a South Florida car crash lawsuit, please contact us today.

Driving while severely sleep-deprived is nearly as dangerous as driving under the influence of alcohol, the Florida Times-Union reported April 1. The story was not an April Fool’s joke -- it included the history behind a January 2006 North Florida trucking accident that killed seven children. The truck driver admitted to falling asleep at the wheel after 34 hours awake; he rear-ended a family’s car, causing it to burst into flames and killing all of the seven children aboard. The driver, who admitted at the scene that he fell asleep, is now in prison.

Unfortunately, the article said, most drivers involved in sleepy driving accidents don’t admit they fell asleep, which makes it difficult for authorities to track how many accidents are caused by drowsy driving. But according to the article, the National Sleep Foundation reports that 54% of adults have driven while sleepy. Another expert, Joseph Kaplan of the Sleep Disorders Center at the Mayo Clinic, said about 40% of Americans get less than seven hours a night. And in many cases, a medical problem like insomnia or sleep apnea can deprive people of sleep, sometimes before they realize it.

As a Fort Lauderdale auto accident lawyer, I am interested in this issue in part because I believe it’s a widespread problem. Many people who wouldn’t dream of driving drunk don’t see a serious safety risk from driving after they have been up for hours and hours. In fact, at least one study have shown that sleepiness and alcohol consumption have very similar effects on human reaction times and driving performance. Other studies have shown an increased risk of serious accidents when driving while sleepy. And as a Miami semi truck accident attorney, I have read about many incidents in which a truck driver literally fell asleep at the wheel after too many hours awake and driving.

Only New Jersey has a law enhancing potential charges for people who cause an accident with drowsy driving. But I believe that all states could benefit from making sleepy driving a priority for both driver education and enforcement. Traffic accidents are catastrophic events causing wrongful deaths, brain injuries, paralysis and other devastating injuries. If drowsy driving leaves you just as impaired as drunk driving, choosing to drive drowsy is an irresponsible and potentially deadly choice.

If you or someone you love has been seriously hurt in a car crash caused by this kind of bad choice, you have rights in Florida. That includes the right to pursue justice and financial compensation through a Broward County car accident claim. My firm, Cohn, Smith & Cohn, represents people throughout South Florida in these claims, and we offer free, confidential consultations -- so there’s no risk in talking to us about your rights and your case. To set up a consultation, please contact us online today or call our main Pembroke Pines office at (954) 431-8100.

A home in Fort Lauderdale’s Oakland Park neighborhood was severely damaged April 17 after a twin-engine plane crashed into it, killing the pilot and causing a massive fire. The Miami Herald reported April 17 that the crash happened at around 11:15 a.m., just after the plane took off from Fort Lauderdale Executive Airport. Fortunately, nobody was in the destroyed home at the time of the crash -- although one occupant had just left for work. Neighbors identified the pilot as Cecil Murray of Tamarac. An FAA spokeswoman told the newspaper that the plane’s flight plan listed only one person aboard, although the agency will look for evidence of more in its investigation.

The article did not say whether neighbors’ homes were damaged, which I hope means the damage was contained. But as the article does note, this crash is another blow to the already troubled safety record at Fort Lauderdale Executive Airport. In a 2007 investigative piece, the Herald reported that the airport had a bad safety record both on and off the ground, with at least 30 crashes since 2003. Perhaps more importantly, the airport had the most runway incursions -- incidents in which planes got too close to one another, a vehicle or a person -- of any U.S. airport from 2001 to 2004. Runway incursions are dangerous because they can cause a ground crash, sometimes at hundreds of miles per hour. Its record has improved, but Fort Lauderdale Executive Airport still ranked in the top 10 when the 2007 article was written.

It’s far too soon to tell whether mechanical problems, human error or other causes are responsible for this most recent crash. But if it turns out that the crash could have been avoided with better design, maintenance or regulatory compliance, those who failed to provide those things could be legally liable for the crash. That includes the pilot’s death and any unreported injuries as well as the cost of all of the property damage in the case -- which could be significant. In addition to the destroyed home, the plane itself may be part of any Broward County aviation accident lawsuits that victims file.

Claims brought after airplane accidents are some of the most legally complex personal injury cases. In addition to Florida personal injury law, a Pembroke Pines airplane crash lawyer must understand federal aviation law and the laws of any other state or nation the plane may have flown from or to. And of course, any Florida aviation accident claim will be delayed, often for months, while a full investigation takes place. Afterward, victims and their loved ones may be able to make several claims, including claims for costs like lost wages and medical bills as well as compensation for a wrongful death, permanent disability or serious injury.

If you’ve been seriously hurt in the crash of an airplane, helicopter or other aircraft in South Florida, you should call us at Cohn, Smith & Cohn as soon as possible. We have more than 25 years of experience helping people who were seriously injured or lost a loved one win the money they need to get medical treatment, make ends meet and recover as best as possible from a serious accident. From our main office in Hollywood and six other offices around Miami-Dade and Broward Counties, we represent people throughout South Florida. To speak to us about your case at a free, confidential consultation, please contact us online or call us today at (954) 431-8100.

A passenger on the back of a motorcycle suffered a serious injury after being hit by a ladder that fell off a pickup truck, the Gainesville Sun reported March 11 The article says Margaret Moore of West Virginia was on the back of a motorbike operated by Gerald Moore and traveling west. As a pickup truck traveling east approached them, a ladder strapped to the top slid off, hitting Margaret Moore in the head. Gerald Moore, who was sitting lower on the bike, was not hurt. She was hospitalized in critical condition; charges were pending against the driver of the pickup.

Trucking accident attorneys in South Florida and around the U.S. frequently talk about the dangers of improperly secured loads on large trucks -- but those dangers are just as real when the load is on a passenger car or truck. Florida law requires people hauling a heavy load to properly secure that load, making violations a traffic infraction or a misdemeanor, depending on whether anyone was seriously hurt or killed as a result. And regardless of whether a criminal case is filed or a ticket is written, hurting someone with a badly secured load makes drivers legally liable for any Florida traffic accident lawsuit victims choose to file.

This senseless Florida motorcycle accident is a good example of how drivers’ carelessness can affect motorcyclists even in a one-vehicle accident. With only their gear to protect them, motorcyclists are a lot more vulnerable in an accident than people in cars. That’s one reason why riders are 35 times more likely to die in an accident than drivers. All motorists have a responsibility to share the road -- but all too often, drivers behave as if motorcycles don’t exist. As experienced riders and drivers know, it’s possible to not see something you’re not looking for, even if it’s right in front of you.

Cohn, Smith & Cohn is proud to represent motorcycle accident victims in South Florida motorcycle accident claims. Our firm has nearly 25 years of experience and a strong record of success -- but perhaps more importantly, lead partner Alan Cohn rides himself. We understand the special issues faced by seriously hurt Florida motorcycle accident victims, including problems with insurance, valuing your claim properly and good old-fashioned prejudice against people who ride. If you or someone you love has been hurt in a motorcycle crash and you’d like to speak with us about your case, please contact our firm online for a free, confidential consultation.

FDOT has made several safety-minded improvements to an on-ramp for I-375 that was the scene of a fatal car crash in March, the St. Petersburg Times reported April 16. The department has upgraded the downtown St. Petersburg ramp from a suggested 50 mph speed limit to a required one, added two speed limit signs and doubled the number of reflectors dividing the lanes. More is to come, the article said, and law enforcement will likely increase enforcement in the area as well. The changes are intended to increase visibility on the ramp and cut down on accidents.

Three people have died on the short 1.2-mile stretch of highway since 2001, all at night. Most recently, Leonardo Llana died in a one-car crash when he sped down the ramp at 93 mph, jumped the barrier and fell to a maintenance yard below. In 2007, the ramp was closed for weeks after a Florida tanker truck accident, when truck driver Ronald Kennedy drove his diesel tanker into a barrier and caused a 30-foot explosion. And in 2001, a motorcyclist suffered a fatal crash on the ramp. It is not known whether the earlier two drivers were impaired or speeding, but according to reports, Llana was legally drunk and not wearing a seatbelt.

Even if all three of these victims were impaired and speeding, I would still be pleased about these safety improvements. From the improvements they made, it is clear that FDOT’s goals were to reduce speeding and increase visibility at night. Regardless of whether the speeding in the most recent accidents was caused by bad decisions or defective roadway design, it’s clear that speeding was a major factor in that death. If visual cues like signs and reflectors reduce speeding among drivers who aren’t impaired, they are doing some good. As a Fort Lauderdale auto accident lawyer, I would be happy to see fewer families struggle with the deaths and devastating disabilities a car wreck can cause.

Serious car wrecks caused by bad roadway design or maintenance are rare, but they do happen. When a defective road causes a crash, the government agency responsible for building and maintaining that road is legally liable for any Hollywood car accident lawsuits victims choose to file. Unfortunately, the time to file a car crash claim is brief, which is why victims should get help right away from a South Florida auto accident attorney. Our firm, Cohn, Smith & Cohn, can help. To speak to us about your situation and your options at a free, confidential consultation, you can contact us through our Web site or call our main Pembroke Pines office at (954) 431-8100.

In response to a new discovery in a 32-year-old murder case, Florida legislators are considering extending our state’s statute of limitations -- the deadline by which potential plaintiffs must file their cases -- in Florida wrongful death lawsuits. The Jeffrey Klee Memorial Act would extend the statute of limitations from two years to indefinitely in wrongful deaths caused by murder or manslaughter, the Miami Herald reported March 29.

The bill follows the discovery of the body of Jeffrey Klee, an 18-year-old who disappeared in 1977, in a canal in Coral Springs. Police believe they have identified the killer, and thanks to a 1996 change in Florida criminal law, they can charge the man criminally -- even though there was a three-year deadline in effect for manslaughter in 1977. But the law for civil wrongful death claims didn’t keep up. Family members have just two years from the date of the death to bring a claim, even when they had no way of knowing about the death or the person responsible.

After reading about the family’s situation, two state senators introduced a bill to change that. It would not allow Klee’s family to bring a case themselves, but it would allow future families in their situation to bring a wrongful death claim for murder or manslaughter “at any time.” According to the Florida Legislature’s Web site, the bill is currently in committee.

As a South Florida wrongful death attorney, I strongly support this bill. Statutes of limitations are absolute deadlines, which means you may not file a lawsuit, no matter how valid your case is, if that deadline has already passed. This sometimes means I must turn away families with strong cases and clear injuries, simply because the deadline has come and gone. This bill would correct that injustice -- and even better, it may allow some families to take the time they need to grieve before they begin to think about pursuing a Florida wrongful death lawsuit.

A wrongful death claim allows Florida families that have lost someone because of another party’s negligence to hold that party legally liable. In most cases, that means both the emotional harm and the financial harm caused by the death -- loss of an income, household services, funeral costs and other costs. Financial compensation might sound inadequate to families who have lost someone dear to them -- and it is. But financial compensation can also be very important to a family struggling to make ends meet after a breadwinner was taken too soon, or as a means of punishing very serious wrongdoing.

Importantly, families may pursue a wrongful death claim in Florida regardless of whether there is also a criminal case against the perpetrator. If you have lost a loved one in Florida and you would like to discuss your case and your options, you should call our firm, Cohn, Smith & Cohn. Based in Dade and Broward Counties, our Pembroke Pines wrongful death attorneys serve clients throughout South Florida. To set up a free consultation, please call our main office at (954) 431-8100 or contact us online.

A motorcyclist escaped a serious accident in the Tampa area without injuries, MSNBC reported March 10 through Tampa Bay Online. According to the article, the man was riding north on Interstate 75 when traffic ahead of him slowed. To avoid a rear-end collision -- which can throw motorcyclists from their bikes -- he laid down his 1998 Harley Davidson on its side in the grassy median of the highway. The man wasn’t injured, but the motorcycle caught fire, doing an estimated $10,000 in damage. No charges were filed and alcohol was not involved, the report said.

Needless to say, this man is lucky -- and may have also benefited from quick thinking if he intentionally chose to lay the bike down in the median. But as a South Florida product defects attorney, I wonder about the cause of the fire. By now, a 1998 model is 11 years old -- but even an 11-year-old motorcycle shouldn’t catch fire easily. If it turns out that the fire was caused by a manufacturing flaw in the motorcycle or one of its parts, the maker of the defective product could be legally liable for the accident -- including the thousands of dollars in property damage.

Thanks to the configuration of the accident, I also wonder if this rider might have problems making a motorcycle insurance claim. Motorcycles are involved in a lot of one-vehicle accidents, in part because a two-wheeled vehicle is inherently less stable than a four-wheeled one. In some cases, those accidents are influenced by vehicles or events on the road that weren’t involved in the actual crash, or the accident report. When another party forced a rider off the road or required him to stop suddenly, it can be very hard to prove it to an insurance claims adjuster who wasn’t there -- especially if that person thinks riders are generally irresponsible. Motorcyclists may have to hire a Fort Lauderdale motorcycle accident lawyer just to make sure their claims are given a fair chance.

I ride a Harley myself, so I understand how this man might have felt to watch his motorcycle literally go up in flames. As a Pembroke Pines motorcycle crash attorney, I always help my clients make sure they’re fairly compensated for the full value of property damage to their bikes after an accident like this one, including custom aftermarket modifications. If you or someone you love has been hurt in a serious motorcycle accident in South Florida, my firm, Cohn, Smith & Cohn, can help you recover the full value of all of your injuries -- physical, financial and emotional. To set up a free consultation on your case, please contact us online today.

The driver of a truck that rear-ended a school bus near Ocala last September was arrested and charged April 7 in the accident, the Gainesville Sun reported. Orlando resident Reinaldo Andujar Gonzalez is charged with vehicular homicide in the death of Frances Margay Schee, and with reckless driving with serious bodily injury to fellow student JaSena Humber. Their school bus was stopped to let children off when Gonzalez rear-ended the bus, causing a fire.

A spokeswoman for the Florida Highway Patrol said the agency believed Gonzalez had not rested enough and was distracted by a cell phone right before the crash. In fact, reports at the time said he had admitted to using his phone on the day of the crash, possibly to send or receive text messages, but refused to say exactly when. As I have written on this blog before, I am very interested in safety issues surrounding phoning and driving. If the evidence shows that Gonzalez was distracted by his phone in a crucial moment, it could be a strong blow in favor of more restrictive laws regarding cell phone use on the road.

In addition to the criminal charges, Gonzalez faces at least two lawsuits, filed by Schee’s and Humber’s mothers. Both women have also sued his trucking company and the company that leased Gonzalez his truck. This is not as far-fetched as you may think; in fact, it’s very common in Florida tractor-trailer accident lawsuits. Trucking companies and equipment suppliers may be directly liable for an accident if their equipment is faulty, or if they order or allow drivers to do dangerous things. They may also be vicariously liable for the actions of employees, under a legal doctrine saying employers are responsible for the actions of all employees who are carrying out their directions or duties.

In a Florida trucking accident lawsuit, seriously injured victims and their loved ones can claim the money they need to pay high medical bills, make up for lost wages and cover other costs directly caused by an accident. If you are in this situation and you’d like to know more, my firm, Cohn, Smith & Cohn, can help. To speak to someone about your case and your options at a free, confidential consultation, you can contact us online or call us at our main Broward County office at (954) 431-8100.

Six vehicles were involved in a chain-reaction crash that sent nine people to the hospital, WFLX TV reported March 9. The crash started early in the morning, when one car slowed down because of mechanical problems and a vehicle behind it didn’t stop in time. From there, four more vehicles crashed in an accident that one witness described as similar to an explosion, with a pickup truck catching fire. A total of nine people were injured in the Boca Raton car wreck, but nobody was killed.

Legal liability is probably the last thing on the minds of victims and their families right after a serious accident like this one. But as a Broward County car accident lawyer, I know that working out legal responsibility for the crash could be a serious headache for the victims in the days ahead. In general, responsibility for a rear-end crash is placed firmly on the person in the rear vehicle by auto insurance companies. Drivers may be able to prove otherwise, especially if there’s a police report backing them up, but it can be an uphill battle. Circumstances may be different in a chain-reaction crash like this, but it probably won’t be clear overnight. Meanwhile, auto insurance companies may already have decided how to apportion blame.

If an auto insurance company incorrectly rejects your claim, blames you for an accident that wasn’t your fault or offers less than your claim is worth, you don’t have to accept it. Many people don’t realize that they can and should negotiate with insurers to get the full value of their claims. The settlement offered to you by a claims adjuster is typically at the low end of a range of values that the insurance company thinks the case is worth. If you don’t like it, you’re free to say so and make a counteroffer backed by the evidence in your case, including police reports. If the insurance company still won’t budge, but you’re sure you’re right, it may be time to bring in a South Florida auto accident attorney for help.

Cohn, Smith & Cohn has practiced accident and injury law in South Florida for nearly 25 years. Our lawyers have handled hundreds of Florida auto accident lawsuits, and we’re proud of our substantial record of success. If you’ve been hurt or lost a loved one in a car wreck in Florida, we can help you fully understand your legal options at a free, confidential consultation. To set one up, please call our Hollywood/Pembroke Pines office at (954) 431-8100 or contact us online.

An elementary school teacher with a career stretching more than 30 years was killed in an accident with a large truck March 9, the Miami Herald reported. Sharon Braun was headed to the school with her four grandchildren, who are students there, and fellow teacher Gail Carter. Carter was driving when a tractor-trailer changed lanes into her car, knocking it into another vehicle and rolling it over. Braun was killed at the scene and Carter was taken to the hospital with serious injuries, but none of the four children was seriously hurt. One of the children, who are ages 7 to 11, borrowed a phone from a witness to tell their parents about the accident.

As of March 9, the accident was still under investigation and no charged had been filed, the Herald article said. But according to state records the newspaper found, the driver of the tractor-trailer, Tracy Fiffia, had a history of traffic citation problems. Among other things, Fiffia’s record includes tickets for speeding, reckless driving, using defective equipment and driving with an improper license or no license, though his license was valid at the time.

It’s not for an Aventura trucking accident lawyer to assign blame for an accident if the FHP is still investigating. But from the facts presented in the article, it sounds like the truck driver’s lane change is primarily responsible for this accident. If that turns out to be true, the trucker and his trucking company could be legally at fault, which means they would be liable for all of the injuries this accident caused. In addition to the physical injuries to Carter and any injuries to the children, that would also mean the injury to Braun’s family caused by her death -- the loss of a mother’s love, companionship and emotional and financial support. And any lasting trauma to the children who were part of this accident would certainly be an emotional injury.

All of these harms are “injuries,” as the word is understood by South Florida truck crash attorneys. In a Miami trucking accident lawsuit, victims of serious trucking accidents and their family members can claim financial compensation for all of these injuries and the financial costs that they cause, such as hospital bills, repair costs and therapy costs. Accidents with tractor-trailers like this one can cause very serious injuries, including wrongful deaths, brain damage and spinal cord injuries. Cohn, Smith & Cohn is proud to help victims of those injuries hold the at-fault people legally responsible and collect money to help pay medical costs and make ends meet as they recover.

Cohn, Smith & Cohn’s Pembroke Pines semi truck accident attorneys offer free, confidential consultations to all potential clients. If you or someone you love has been hurt by a careless truck driver and you’d like to learn more, you can set up a consultation by calling our main office at (954) 831-4100 or contacting us through our Web site.

The Miccosukee tribal police force may be prosecuted for its refusal to release an accident report in a fatal South Florida pickup truck accident, the Miami Herald reported March 11. The newspaper said the Miccosukee, whose lands are in the Everglades outside Miami, were first to respond to the serious accident Jan. 21 and turned away a Florida Highway Patrol officer. The victim’s family would like an accident report and other information on the crash routinely provided by police agencies -- but the tribe has refused, even after the records were subpoenaed.

According to the newspaper, a truck driven by Tatiana Furry, 31, of Kendall, crashed with an SUV driven by a tribe member Jan. 21. All three of the people in the SUV were hospitalized. Fault is still under investigation, but Furry’s family has asked for the accident report, photos from the scene and other information, including the name of the other driver. When the tribal police refused, the family contacted the Miami-Dade state’s attorney’s office, which is now considering prosecution. The tribe says the records are its sovereign property, exempt from state law. In two separate press releases, it also said criticism of how it handled the incident was biased and racially motivated.

The case is further complicated by jurisdiction. The crash happened outside of tribal lands, but a Miccosukee press release said its police officers frequently patrol the relevant stretch of road under an agreement with Miami-Dade County. The Florida Highway Patrol has no such agreement. The tribal police were first to arrive at the scene; when an FHP officer arrived afterward, he was told it was a tribal matter and left voluntarily. The Miccosukee press release later said the officer failed to assert jurisdiction. It’s unclear now whether the crash is being solely investigated by the FHP or jointly investigated by that agency and the Miccosukee police.

As a Fort Lauderdale auto accident lawyer, I use accident reports and related police records every day to do my job. As the Herald notes, police agencies routinely release these records to victims, their families and auto insurance companies, which use them to help determine fault in serious crashes. That’s why the tribe’s refusal to release the records stands out. Unfortunately, this is a common problem when dealing with serious injuries on Native American land. Legally, tribes are sovereign nations regulated by federal law but completely outside of state law. As I have written here before, this gives them sovereign immunity from lawsuits. And that means that victims of serious injuries may have no recourse against tribes that hurt non-members with illegal or careless behavior.

Involvement by the FHP in this case might mean that the family can finally recover the records. But in general, if you’re being stonewalled by a Native American tribe or any other government, it’s best to move quickly. Thanks to the doctrine of sovereign immunity, government agencies from the local level to Washington, D.C. can make suing more difficult, shrinking deadlines and asking plaintiffs to follow complicated administrative complaint procedures. One mistake could take away your right to sue at all. For those reasons, experts recommend that people with these claims hire an experienced Florida car wreck attorney as soon as possible after the accident.

Cohn, Smith & Cohn has nearly 25 years of experience helping injured Floridians secure compensation with Florida traffic accident lawsuits. Based in Pembroke Pines, we represent people throughout South Florida. If you or someone you love has been hurt in an auto accident you believe is someone else’s fault, we would like to help. To set up a free, confidential consultation, please contact us online as soon as possible.

A tanker truck carrying 8,500 gallons of gasoline and diesel overturned in Volusia County March 6, the television station WESH reported. The single-vehicle accident happened at about 4:15 a.m. that day, the article said, when the trucker slowed for traffic, lost control and ended up with a truck rollover accident. The truck ended up in a retention pond, into which it leaked 3,800 gallons of fuel from six places. Authorities closed traffic in both directions and called a hazardous materials crew to deal with the leak. They also closed a nearby business as a precaution.

All of this was necessary because hazmat trucks, as the trucking industry calls them, are some of the most dangerous trucks to be around after an accident. As a South Florida trucking accident lawyer, I know hazmat trucks don’t get into significantly more accidents than other kinds of trucks -- but when they do, even uninvolved people in the surrounding community can be in danger. The Federal Motor Carrier Safety Administration, a division of the U.S. Department of Transportation, found in a study that hazmat trucks were three times more likely to be in a rollover accident like this one. They were also 50% more likely to have a cargo spill and caught fire more than three times as often, possibly because 64% of cargo releases in hazmat crashes are flammable liquids.

This Florida semi truck accident almost certainly caused some amount of environmental damage by spilling thousands of gallons of gas and diesel into the retaining pond by the side of the road. By the same token, the gas fumes probably posed a threat to people who had the bad luck to breathe in the area. It could also have posed a serious threat of fire, if any source of flame had come into contact with the spilled fuel, including a fire in the wrecked truck. And of course, the drivers in the area faced all the same threats they would face in any Florida truck crash -- not least the risk of a rollover onto a nearby vehicle. Even when no other cars and trucks are involved, an accident with a hazmat truck can pose serious dangers to everyone around.

When trucks crash through driver inattention, poor maintenance or other problems caused by the trucker or trucking company, those people are legally responsible for any injuries the crashes cause. Victims in these wrecks have the right to sue for the costs of the accident, including lost wages from missed work, as well as compensation for a death in the family, serious injury or permanent disability. If you or someone you love has been hurt in this way, my firm, Cohn, Smith & Cohn, can help you learn more. To set up a free consultation on your injuries, please call us at (934) 431-8100 or contact us online as soon as possible.

Fourteen customers of Celebrity Cruise Lines who were seriously injured in a bus accident overseas returned to Florida for treatment, the Miami Herald reported Feb. 26. The passengers were injured on a road near Roseau, Dominica, when the driver of the open-air “makeshift bus” they were riding in lost control and slammed into a ditch. The driver, an employee of a company that contracts with Celebrity, told reporters that the brakes on the vehicle failed. Five of the passengers were listed in critical condition and two in serious condition, the Herald said. All of the injured people are U.S. citizens.

Accidents involving cruise ships are a complicated subject, even for a Fort Lauderdale cruise ship attorney like me. Cruise ship companies routinely hand their passengers a very complex contract to sign -- and buried somewhere in that contract is language that limits their legal liability. Furthermore, accidents on shore excursions like this may be subject to local law, while accidents on board ship could be governed by federal maritime law. However, many contracts specify that cruise ship injury claims should be heard in South Florida, and the ship’s home country’s law may also apply. And when a third party is involved, such as the company that employed the driver, multiple parties and their insurance companies could share legal responsibility for the accident.

For those reasons, the deck is already stacked against people who are considering a cruise ship accident claim in Miami or anywhere else. On top of this, cruise ship contracts often set a shorter deadline by which you must sue than the deadline (statute of limitations) set by Florida state law. Filing in the wrong court, or waiting too long to file, could limit your ability to sue at all if you’re not careful. And of course, passengers who were seriously hurt on a cruise are already dealing with their injuries, medical needs and the financial problems that can result.

That’s why experts recommend that people who were seriously injured on cruise ships get help from an experienced South Florida cruise ship accident attorney. At Cohn, Smith & Cohn, we have represented accident victims throughout South Florida for nearly 25 years. Based in Pembroke Pines, we represent clients throughout the state who have been seriously injured or lost a loved one through another person or organization’s negligence. If this sounds like your situation and you’re ready to fight back, we offer free, confidential consultations to help you get started. To set one up, please contact us as soon as possible.