South Florida Injury Attorney Blog

As a Pembroke Pines motorcycle accident attorney, I was disappointed to see yet another report of a left-turn crash killing a Florida motorcyclist. The Fort Myers News-Press reported Nov. 23 that Robert Cook, 57, was killed when a school bus turned left into his motorcycle early this morning. Cook was heading south on John Morris Road as the bus was going north. When the bus attempted a left turn, it hit Cook, who died at the scene. Fortunately, there were no children on the bus, and the bus driver, John Donohue, 68, was not injured. However, the intersection was shut down for about four hours as emergency crews worked to clear it. A Florida Highway Patrol said charges are pending in the case.

Unfortunately, it’s not at all unusual for left turns to cause serious motorcycle crashes. According to the Hurt Report, the definitive study of motorcycle crash causes, the most common motorcycle accident configuration is a motorcycle going straight as a car or truck makes a left turn into that motorcycle’s path. It also says intersections are the most common place for motorcycle crashes to occur. The report does not speculate on why this might be, but does say that other motorists’ failure to see motorcyclists is the predominating cause of crashes. To an experienced motorcyclist and Deerfield Beach motorcycle accident attorney like me, this merely supports what I already know from experience -- that drivers don’t look for motorcycles, possibly because they don’t expect to see any.

What is unusual about this accident is the involvement of a school bus. Statistically, buses of any kind have a very low rate of accidents. Statistics from the National Highway Traffic Safety Administration show that school buses accounted for less than 1% of all fatal accidents between 1998 and 2008. However, when school buses are involved in crashes, they bring a massive amount of weight to the collision, which translates to much greater force than any ordinary car, truck or motorcycle can generate. That means buses can literally crush the smaller vehicles (and people) in their way. This is dangerous for everyone, but it poses an especially serious threat to pedestrians, bicyclists and motorcyclists. In fact, despite the fact that school buses almost never have seat belts, nearly all -- 92% -- of school bus fatalities are to people outside the buses.

Continue reading " Left Turn Crash With School Bus Kills Motorcyclist in Southwest Florida " »

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As a motorcyclist and a Cooper City motorcycle crash attorney, I was dismayed to see a Nov. 20 article in the Daytona Beach News-Journal about an “outbreak” of hit-and-run accidents in the region. According to the newspaper, the Florida Highway Patrol is seeing a very high number of hit-and-run accidents -- 19 on Nov. 18 alone. Florida saw five fatal hit-and-runs in the past month, the article said, including two in Central Florida. Central Florida has seen 13 fatalities from hit-and-runs in all of 2009. These crashes include all kinds of motorists as well as pedestrians. However, the focus of the article was on two motorcyclists killed in the past month on Volusia County roads, and a third left at the roadside with a broken leg. In all three cases, the responsible driver left the scene.

One of the motorcyclists the article talks about is John Eaton of DeLand. Eaton, 46, was rear-ended by the driver of a pickup truck as he left a bar in DeLeon Springs. He was thrown into traffic on U.S. 17. Other people tried to help him up, but a second vehicle ran him over and left the scene. It was the day after his first wedding anniversary. Another motorcyclist, 47-year-old Kevin Hill of Sanford, was hit head-on by a vehicle that was trying to pass another vehicle in the opposing lanes. He was conscious and sitting up after the crash, and others were trying to get him off the road, but driver Susan Norman, 40, hit him and kept on going. Her car was disabled and she was found a few miles away. Charges are pending. FHP Sgt. Kim Montes said drivers who leave the scene tend to have something to hide, such as driving under the influence, a suspended license or other legal problems.

As a Plantation motorcycle accident lawyer, I hope articles like this can help the FHP solve some of its unsolved fatal hit-and-runs. Leaving the scene of an accident might sound like a good idea to panicked motorists, but it tends to make matters worse in the long run. Hitting and running harms victims and their families twice, leaving them with no answers and no liability insurance policy to collect on. In some circumstances, victims can collect on uninsured/underinsured motorist policies -- but even that can be difficult if the insurance company sees an opportunity to deny an expensive claim. Meanwhile, drivers who get caught are nearly certain to be criminally charged with leaving the scene. And hitting and running can also make the situation worse if the driver is hit with a lawsuit, because juries are not likely to be impressed with this behavior.

Continue reading " Central Florida Police Seek Public’s Help Solving Hit-and-Run Motorcycle Crashes " »

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Posted In: automobile accidents , motorcycle accidents , pedestrian accidents

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As a Dania Beach car accident attorney, I was pleased to see a report from the Miami Herald Nov. 18 that Gov. Charlie Crist has come out in favor of a statewide ban on texting while driving. Crist, who is running for a Florida senatorial seat, also reportedly “politely prodded” Department of Highway Safety and Motor Vehicles head Julie Jones to join him. Crist asked Jones to put the issue on the office’s legislative “wish list” for 2010. Jones told reporters that she sees a shift toward more public support for a ban, after an increasing number of fatal accidents related to texting and driving.

The ban may be a tough sell for the Florida Legislature, which has rejected multiple such bills in the past. However, momentum is growing for a ban on texting and driving, at least among national traffic safety experts. Texting and driving was the subject of a national “distracted driving summit” called by Transportation Secretary Ray LaHood in late September. Several U.S. senators have also introduced a bill that requires states to ban texting and driving to receive federal highway funding, a tactic that the federal government used successfully to raise the drinking age. Both actions, however, may have been motivated by a study issued over the summer showing that truck drivers who text have a 23 times greater risk of crashing than those who don’t. Texting took drivers’ eyes off the road for up to five seconds -- enough time for a semi at highway speeds to travel the length of a football field.

As a Miami Gardens car crash lawyer, I have followed texting and cell phone use issues for some time, which is why I know that research is just the latest of multiple studies. Without exception, all of them find that texting raises the risk of a crash, simply because it takes the driver’s eyes off the road. Other activities behind the wheel are certainly also unsafe, but none have seen the widespread increase in popularity that texting has, especially among inexperienced younger drivers. In fact, fourteen other states and Washington, D.C. already ban the practice, either entirely or by restricting the behavior of drivers under a certain age. Banning texting behind the wheel may or may not be politically popular, but it’s the smarter choice for keeping Floridians safe.

Continue reading " Governor and DHSMV Head Publicly Support Ban on Texting While Driving " »

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Last month, I wrote on this blog about a Palm Beach County sheriff’s deputy who suffered burns over about 60% of his body after the gas pump he was using simply exploded. Sgt. Richard Ragali was badly burned Oct. 2 during a motorcycle ride to the Florida Keys with a group of friends. When they pulled into a gas station in Marathon, Ragali’s Harley slipped in a puddle of gas, triggering an explosion and pinning him underneath the bike. Ragali has been hospitalized at Jackson Memorial Hospital ever since. According to a Nov. 14 article from KeysNet.com, he and his family are suing the gas station and its parent companies for failing to take care of the gas spill and prevent the accident.

Ragali’s lawsuit, filed last week in Palm Beach County Circuit Court, names Circle K, Shell Oil, Circle K store number 2386 and Motica Enterprises LLC as defendants. According to television station WPBF, the suit alleges that the store’s owners had been warned several times over the preceding weeks that there was a gas puddle at the pump. Nonetheless, they negligently failed to take action, the complaint charges. Ragali is seeking damages for his medical bills, lost past and future earnings, injuries, pain, suffering, permanent disfigurement and loss of enjoyment of life. His sons, 16-year-old Joshua and 20-year-old Joseph, are claiming the loss of their father’s services, support, guidance and other care. Their family’s West Palm Beach premises liability attorney said they’ve been living with their mother, who is divorced from Ragali, since the accident.

I was also sobered to read about some of the serious consequences of Ragali’s burn injuries. KeysNet reported that he is in a specialized burn unit, where he has received multiple skin grafts and is undergoing physical therapy. The family’s attorney said Ragali recently took 20 steps -- a big deal for his family. As a Lauderhill burn injury attorney, I’m sorry to say that this is not unusual for someone who was so severely burned. In addition to being unpleasant to look at, the inflexible scar tissue from a bad burn can also restrict the victim’s movements if not prevented, corrected or both. Victims typically need long-term physical therapy, care from a burn specialist or dermatologist and sometimes surgeries. Not surprisingly, all this medical care can be very expensive. For someone as badly burned as Ragali, medical costs can easily reach seven figures over a lifetime.

Continue reading " Burned Sheriff’s Deputy Sues Over Leaky, Exploding Gas Pump " »

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Posted In: burn injuries , premises liability

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As a Deerfield Beach bicycle accident attorney, I was sorry to see a short article about a bicyclist’s death on the road last week. The South Florida Sun-Sentinel reported Nov. 16 that Danu A. E. White of Delray Beach was killed crossing North Dixie Highway in Boca Raton on Nov. 14. White was hit by a Chevy Impala driven by Aster Michaud of Boca Raton, who was not injured. The article did not give details of the crash, but did say that law enforcement would like more information. Anyone with information that may help is invited to call Traffic Homicide Investigator Mike Daly at (561) 338-1356.

Unfortunately, White’s death follows a series of other deaths and injuries to bicyclists in South Florida in 2009. I wrote on this blog in September about increasing tension between bicyclists and drivers after several accidents, as well as criminal charges for a cyclist who allegedly attacked a driver after a near-crash. Thanks to Florida’s mild climate, the fall and winter aren’t likely to significantly decrease the number of bicycles on the road -- which means riders and drivers both need to keep their guards up and share the road. At the time, a spokesman for the Metropolitan Planning Association of Palm Beach County suggested that public education efforts would soon follow, focused on reminding bicyclists to follow the rules of the road -- their legal obligation -- and drivers to treat bicyclists as equals -- their legal right,

It may not be clear yet who was at fault for the accident that killed White, but bicycle accidents in general are a growing problem in Florida and nationwide. According to the National Highway Traffic Safety Administration, bicycle accidents are down a bit from their highest rate in 2005, but reached a high that year after years of steady decline. Just as interestingly, the bulk of bicycle accident victims are no longer children, but people ages 40 to 65 -- suggesting that more and more adults are picking up bicycling as a form of transportation, exercise or recreation. With the economy down and fuel prices high, drivers are likely to see more, rather than fewer, bikes on the road. As a Hialeah bicycle accident attorney, I hope this leads drivers to begin expecting, and looking for, bicycles on the road, cutting down on these serious accidents.

Continue reading " Accident With Car Kills Bicyclist in Boca Raton " »

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As a Pembroke Pines auto accident attorney, I was sorry to see reports of a serious accident affecting four students from Marjory Stoneman Douglas High School in Parkland. According to a Nov. 16 article in the South Florida Sun-Sentinel, Anthony Almonte, Sean Maxey and Robert Nugent died just after midnight on Sunday morning after their vehicle crashed through a guardrail and into a canal off Broken Woods Drive in Coral Springs. The fourth teen in the car, 15-year-old Evan Sinisgalli, was able to escape and stumble to the shore, where he called to neighbors for help. The four were out celebrating their high school’s homecoming weekend.

The accident may have been a mistake by Maxey, the driver, who had had his license for less than a month. Maxey reportedly had a fender-bender with another driver when trying to make a turn from Broken Woods onto University Drive. After that crash, Maxey put the car into reverse and apparently just kept going, traveling at least 242 feet and hitting a street sign before hitting the guardrail and going over the edge. Sinisgalli told police he had unbuckled his seatbelt after the crash, expecting to get out. The other young men were all wearing seatbelts when rescue workers found them drowned. Broward County’s Chief Medical Examiner said their injuries weren’t serious enough to stop them from trying to escape and suggested that water pressure may have made it difficult to open the doors.

My heart goes out to the families and friends of these young men. The victims’ friends say that they weren’t drinking, but suggested that Maxey may have been trying to flee the scene because he was out later than teenaged drivers are allowed under Florida law. This accident may have been a panicked overreaction by an inexperienced driver. But as a Tamarac car crash lawyer, I will be very interested to see whether the investigation turns up any defects in the 2007 Volkswagen they were using. Thanks to the Toyota and Lexus recall, we already know that electronic systems in late-model vehicles are suspected of causing problems, or exacerbating mechanical problems they were not designed to handle. If the rapid backward acceleration Maxey experienced was not intentional, he and his friends may have been victims of a serious safety flaw that could affect more Volkswagen drivers.

Continue reading " Three Teenagers Dead and One Injured After Unexpected Reversing Puts Car in Canal " »

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As a Miramar auto product defects attorney, I have been watching the Toyota recall with some interest. Toyota and Lexus are recalling 3.8 million late-model vehicles, their biggest U.S. recall, because of reports that problems with the floor mats have caused accelerators to “stick” and vehicles to accelerate uncontrollably. The initial reports on the recall cited only a handful of cases. But according to a Nov. 8 article in the Los Angeles Times, more than 1,000 owners have complained to federal safety regulators since 2001 about sudden acceleration -- and regulators have dismissed or excluded most of those complaints. The Times suggested that regulators eliminated so many complaints that they may have eliminated any chance to stop the problem earlier.

When the accelerator pedal sticks open, the newspaper said, vehicles can reach three-figure speeds. The open throttle makes some braking systems useless, and the problem can be exacerbated by newer vehicle systems that make neutral gear hard to find and require a three-second delay before shutdown. According to the Times, the defect has caused 19 deaths and many more injuries, as vehicles accelerate uncontrollably into objects or over cliffs and bridges. Among the dead were California Highway Patrolman Mark Saylor and his wife, daughter and brother-in-law. Saylor was trained in handling high-speed vehicles, but that training didn’t help him when a loaner vehicle from his dealer went out of control east of San Diego, crashing over an embankment at over 100 mph.

Thanks to complaints from owners, the National Highway Traffic Safety Administration has undertaken eight investigations of the problem in the past seven years. But according to the Times, many complaints never got considered at all because regulators found reasons to exclude them. For example, the agency received 37 complaints about unintended acceleration in Lexus vehicles, but threw out 36 of those complaints. Complaints saying brakes didn’t stop the vehicles were thrown out because officials believed brakes could always stop a vehicle. In its reports to the NHTSA, Toyota also excluded reports of sudden acceleration lasting more than a few seconds, saying this was impossible. Exclusions for reasons like this allowed the NHTSA to close the Lexus investigation because it “found no data indicating the existence of a deficit trend.” In all, five investigations were closed for lack of enough complaints.

As a Cooper City automotive defect attorney, I am glad that the vehicles are being recalled now, regardless of what happened before. But if we learn that Toyota did cover up the unintended acceleration defect -- through carelessness or intentional deceit -- it has put itself in a very bad position in the lawsuits that are sure to follow. Under the law, manufacturers are legally responsible for all of the injuries their defective products cause, even if they didn’t know about the problems. If evidence shows that they did know about the problem and actively took steps to cover it up, they will be just as liable -- but the juries in their cases will be rightly shocked and horrified. In my experience, this tends to lead to very large recoveries for the people suing -- in this case, the people who were permanently injured or lost loved ones to defective Toyota and Lexus vehicles.

Continue reading " Report Raises Doubts About Regulators’ Response to Sudden Acceleration Complaints " »

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As a Dania Beach injuries to minors attorney, I was alarmed to see a report from NPR Nov. 9 that a manufacturer is recalling strollers because of a serious risk they pose to their young passengers. Maclaren USA is recalling every umbrella stroller it’s sold in the United States since 1999 -- about a million altogether. The U.S. Consumer Product Safety Commission says it has received 15 reports of children putting their fingers in the hinge used to unfold and open the high-end strollers, leading to cuts and, in 12 cases, the loss of fingertips. Parents are advised to stop using the strollers immediately and contact Maclaren for a free repair kit that covers the offending hinge. For more information, they can visit Maclaren’s recall page or the CPSC recall information, or call toll-free at 1-877-688-2326.

This is a huge recall for Maclaren, both in size and in potential damage to reputation. Maclaren strollers -- made in China by a British company -- are considered dependable but expensive “yuppie” strollers. As a Miami Gardens child injury lawyer, I am also surprised by the huge scale of this recall. More than a million strollers are involved, which means at least that many children were exposed to the risk of a finger amputation or serious cut. The 15 cases reported to the CPSC may be just the tip of the iceberg, especially considering that the majority involved amputations. In any medical emergency, reporting the incident to the CPSC is not likely to be parents’ top priority. That might be especially true if the injury didn’t result in an amputation, or if the parent though the incident sprung from the child’s actions rather than a flaw in the stroller itself.

In its release announcing the recall, Maclaren emphasized that adults should read instructions before operating the strollers. It also put out a video (dated Nov. 10 on YouTube) instructing operators on safely using the strollers. This implies, but doesn’t outright say, that the problem may be traced to carelessness by adult operators. However, it’s worth pointing out that the hinge problem arises when children stick their fingers into the hinges. Not only are young children’s actions difficult to predict, but we don’t generally expect children under the age of five to take responsibility for avoiding dangers. Indeed, the manufacturer of any children’s product should design its products with that in mind. If it does not, it may be liable in a defective consumer products lawsuit.

Continue reading " Ten Years Worth of Strollers Recalled for Finger Amputation Risk to Children " »

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As a Fort Lauderdale car crash attorney, I have followed with interest the ongoing national debate over whether to outlaw text messaging while driving. That’s why a report on an accident in Polk County from Tampa Bay Online Nov. 10 caught my eye. According to the article, Stephen Horne, 26, is charged with reckless driving causing serious bodily injury in an Aug. 25 accident that took place in Bartow. He allegedly was texting when he ran his car into 20-year-old Emmanuel “Manny” Mejia, who was working behind a trash truck for Florida Refuse. The resulting accident cost Mejia both legs, a finger and a thumb.

The charge specifically links Horne’s text messaging to the crash. That makes it the first of its kind in the 10th Judicial Circuit, which includes Polk County as well as Highlands and Hardee Counties. The state’s attorney, Jerry Hill, said Horne made an intentional choice to focus on texting rather than on his driving. This may have been the rationale for charging Horne with felony reckless driving rather than a lesser misdemeanor charge. Horne faces up to 15 years in prison if convicted.

My heart goes out to Mejia, a young father whose life has radically changed because of someone else’s unsafe choices behind the wheel. As a Coral Springs auto accident lawyer, I am pleased that the state’s attorney’s office is treating texting while driving with the seriousness it deserves. A series of studies over the summer exposed just how dangerous the practice can be. Possibly as a result, the federal Department of Transportation called a “distracted driving summit” at the end of September, which focused largely on texting while driving. Legislation to ban the practice has been introduced in Congress, and safety experts urge states without such a ban (including Florida) to do likewise. Strict enforcement of any ban, along with existing recklessness laws, could do a lot to convince drivers to take these dangers seriously.

Continue reading " Tampa Man Loses Both Legs to Accident Caused by Texting Driver " »

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As a Fort Lauderdale injuries to children and minors attorney, I was sorry to see a report that a child was seriously hurt after an accident at Disney’s Fort Wilderness campground. According to a Nov. 2 article on WESH.com, Chloe Wicht, age four, was riding in a golf cart with her father, Charles Wicht, 37, of Big Pine Key at around 10:30 p.m. The elder Wicht told sheriff’s deputies that he swerved to avoid an oncoming golf cart that was not using lights. The force of the swerve tipped over the Wichts’ golf cart, pinning Chloe underneath. She was flown to Arnold Palmer Hospital in Orlando for treatment of injuries to her head, face and throat, and is reportedly in stable but guarded condition.

I’m pleased to see that the little girl is not in immediate danger, although injuries to the head and neck could be serious, lasting injuries. The article doesn’t give many details, but as a Deerfield Beach child injury lawyer, I’m very interested in knowing more about the circumstances of the accident. In particular, I would like to know who was driving the other golf cart and why he or she allegedly wasn’t using headlights. The article mentions that Charles Wicht was using his personal golf cart, but Disney does rent carts for use at the Fort Wilderness campground. If the other driver negligently failed to use the headlights, he or she may be entirely liable for Chloe’s injuries. Blame may also fall on Disney if it rented a golf cart to someone who was inappropriate for the responsibility, because of age, intoxication or previous driving record. And given that golf carts never have seat belts or doors, it’s also worth investigating whether the manufacturer of the Wichts’ cart made a cart that was defectively easy to tip over with a sudden swerve at low speeds.

Here in Florida, we are fortunate to have theme parks and natural wonders that attract many thousands of visitors every year. As I have written on this blog before, most tourists leave safe and happy -- but a handful of people each year sustain preventable injuries on theme park property. According to a report by the Orlando Sentinel, at least 11 people sued Disney’s Fort Wilderness for injuries on its premises between Jan. 1, 2004 and Dec. 21, 2008. They include a woman who claims she was injured after she was run off a path by a golf cart, as well as various people claiming injuries from slips, accidents with equipment and auto accidents. Like all businesses open to visitors, theme parks have a legal obligation to keep their premises as safe as reasonably possible. That’s especially important for businesses aimed at children, who don’t have the same sense of danger that their parents might. When businesses fail in that duty, they are liable for any resulting injuries to children or adults.

Continue reading " Four Year Old Hospitalized After Golf Cart Accident at Disney Resort " »

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As a South Florida product defects lawyer, I was disappointed, along with many other Floridians, to see an Oct. 29 report from the South Florida Sun-Sentinel on Chinese drywall. As I have written before, homeowners in Florida and around the U.S. believe the drywall is tainted with chemicals that make residents of the homes sick. A group of federal agencies, including the Centers for Disease Control and Prevention, the Consumer Products Safety Commission, the Environmental Protection Agency and the Department of Housing and Urban Development, set out to test that theory. The agencies found elevated levels of some chemicals. But as the Sun-Sentinel reports, the chemical levels found are not associated with human health risks. This answer has disappointed and angered many homeowners who feel driven out of their homes by the drywall.

During the housing boom in the middle of this decade, many builders ran out of American drywall and imported substitutes from China. After moving in, homeowners around Florida and the nation discovered terrible sulfurous smells and health symptoms including persistent headaches, corroded metal, breathing problems, frequent illness and complications of asthma. For some, the problems were so bad that they moved out. In all, the newspaper said, the problems have generated 1,900 complaints from 30 states, including 1,317 from Florida alone. The test results released in October are preliminary, involving just 10 homes in Florida and Louisiana as well as new, uninstalled Chinese drywall. Results of more thorough testing in 50 homes are expected by Thanksgiving.

As the newspaper notes, the federal studies have focused on the health effects of Chinese drywall -- not the financial effects on homeowners. But as our Parkland defective product attorneys know, the financial side of the problem is very real for the homeowners who are affected. Those in the article include one woman who is renting, but also paying her mortgage and homeowner’s fees, while waiting for an answer. Another homeowner moved his family into a rental while paying a contractor to rip out and replace their home’s drywall. Not surprisingly, these homeowners are frustrated by the government’s lack of conclusions or support. Florida’s Sen. Bill Nelson (D) has called for FEMA aid, but at the moment, homeowners are stuck being their own rescuers.

Continue reading " Multi Agency Federal Investigation of Chinese Drywall Defects Is Inconclusive " »

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As a motorcyclist and a Coconut Creek motorcycle crash attorney, I was sorry to see a report suggesting that yet another motorcyclist may have been critically injured by a driver’s inattention. According to a Nov. 3 article from WPTV.com, a young man from Boynton Beach is in critical condition at Delray Medical Center after his motorcycle was struck by an SUV. Shane Workman, 18, was reportedly riding through Boynton Beach at around 10:30 p.m. when he was hit by an SUV making a U-turn. The driver of the SUV, Michael Frank, 22, of Lighthouse Point, was not injured.

Workman was reportedly heading south on North Congress Avenue between Miner Road and Gateway Boulevard just before the accident. Frank, the driver of the SUV, made a U-turn into Workman’s path, striking him and throwing him from the motorbike. Workman suffered unspecified serious injuries. Frank reportedly left the scene at first, but was later located. Police are investigating, but said charges are likely pending the outcome of the investigation. Any witnesses are invited to call Crime Stoppers of Palm Beach County at 1-800-458-TIPS or Traffic Homicide Investigator Cory Gray at (561) 742-6824.

My best wishes go out to Workman and his family. Unfortunately, as a North Miami motorcycle accident lawyer, I know best wishes may not be enough in a serious crash like this one. Motorcycle accident injuries can be extremely serious, including head injuries, multiple broken bones, soft tissue damage and sometimes severe burns. Head and brain injuries are also the motorcycle accident injuries most likely to lead to death. If seriously injured riders pull through, they may have months or years of physical and occupational therapy ahead of them as they adjust to a new disability. And of course, all of this medical care can be very expensive -- treatment of severe head injuries can reach into the millions over the victim’s lifetime.

Continue reading " Teenager Hospitalized in Critical Condition After SUV U-Turns Into Motorcycle " »

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