South Florida Injury Attorney Blog

Recently, foggy mornings are what residents in Dade and Broward Counties have been waking up to, from Weston east to Fort Lauderdale Beach, from Coral Springs south to the Miami Springs area. Drivers in these cities face these unpleasant driving conditions and due to the poor visibility, run the risk of being involved in serious or sometimes fatal accidents. With summer approaching, it is likely to experience driving through smoky areas as well.

In Florida, drought conditions can cause grass and shrubs to burn when a piece of glass or road debris ignite fires. These forest fires can smoke up roadways, and make driving a challenge for the daily commuters as well as unaware visitors. Our South Florida accident attorneys know that with foggy, wet and smoky conditions; come increased chances of serious or even fatal car accidents.

The Florida Highway Patrol provided the following tips for travelers driving in hazardous conditions:

a. Drive the posted limit when the visibility is poor due to foggy conditions or if the road is wet. Adjust your speed to road and weather conditions you’re your visibility is poor due to fog; SLOW DOWN

b. Unless it is an emergency, DO NOT; come to a complete stop on any roadway while driving in foggy or wet conditions.

c. Use low-beam headlights when driving in a fog not only helps your visibility penetrate the mist; it also helps make you more visible to other drivers.

d. Avoid lane changing maneuvers and open your window enough to listen for traffic.

e. Watch your speed. FHP reports that fogor smoke create a "visual illusion of slow motion" that may trick you into thinking you're driving slower than you are.

If you or a family member have been injured or a victim in a car accident due to poor weather or hazardous conditions, you should contact a South Florida personal injury attorney to discuss your rights.

A Weston woman was struck and injured on Fort Lauderdale Beach, by a Fort Lauderdale taxi cab one Friday, night. The young woman was out with a group of college friends and as she was walking over to a stopped cab, as a second taxi drove by and struck her, causing her to fall into the roadway. Police cited the taxi cab driver for driving too fast for conditions and failing to exercise due care for a pedestrian in the cross walk.

The young lady was taken by Emergency Services to a nearby Broward Hospital, as she suffered serious injuries and was released three days later. The young ladies' family hired a personal injury attorney in Weston for legal representation, in filing her claim against the taxi cab company and the driver.

Under the Florida Law, “every driver of a vehicle shall exercise due care to avoid colliding with any pedestrian, or any person operating a bicycle and shall give warning by sounding the horn when necessary”. Violation of this can lead to a traffic citation, as occurred above, and can also serve as a basis for civil liability in a suit for negligence.

Should you or a loved one become a victim due to the negligent actions of another, you should consult an experienced personal injury attorney to ensure you receive proper compensation for any injuries obtained.

Careless boating and unheeded warnings led to a 16-year-old girl's leg getting cut by a boat propeller, on Hollywood Beach in Broward County. Lifeguards repeatedly warned the driver of the 22-foot boat to leave the swimming area, which was marked by buoys, but the boat owner continued ahead toward the beach area.

A teenage girl and her friends were swimming in about 3 feet of water, when the boat suddenly approached, and as they attempted to climb into it. Waves pushed the boat toward the shore and eventually, the driver revved the engine to prevent beaching his craft. As the boat propeller spun in motion, it struck three of the girls causing bruises and proceeded to cut one of them in the leg, leaving the girl in critical but stable condition and having to undergo surgery. The boat owner sped away after the accident, and was later found and charged in the negligent act and his boat was impounded after he was arrested in Fort Lauderdale.

In South Florida, there were over 650 reported boating accidents resulting in injury, death or serious damages every year. It is estimated, that there are at least another 350,000 non-registered boats using Florida's waterways.

Always seek legal counsel should you or a loved one find yourself a victim of a boating accident. Contact us; our firm can help you in this situation and many others.

In South Florida, because of the favorable weather, children are spending more time both indoors and outdoors playing in neighborhoods, their local parks or even their own homes. The Florida Department of Health and Safe Kids Florida, a nonprofit organization, are advising parents and caregivers to be on the lookout for safety hazards to children, statistics have shown that over 400 children under the age of 14 died from unintentional injuries and another 6000 children were hospitalized due to unintentional injuries.

Children can also get hurt in summer camp, on field trips and even in their own backyard. Whenever a minor suffers an accident, it is imperative for the parent to seek compensation not only for the injury and medical bills that arise , but also for any future suffering the child may encounter do to the stress, scaring and mental or emotional trauma to the child. Many injuries can be prevented with the implementation of safety precautions by parents and caregivers.

Some basic measures that can be helpful are:
a) Parents and caregivers should ensure that playground equipment is frequently inspected and kept in good maintenance and repair.

b) Children should not be left unattended in any vehicle, even with windows open or for short periods of time.

c) Vehicle doors and trunks should be locked at all times and keys / remote entry controls should be kept out of the reach of children.

d) Diligent supervision of children in and near water, whether it be a day at the beach or in your own backyard pool.

e) All poisons including household cleaning products, medications, pesticides, and alcoholic beverages out of the reach of children.

f) A toy should always be inspected and age appropriate before handing it to a child, to make sure of its integrity.

Should your child suffer a personal injury, seek counsel from an experienced personal injury attorney should you decide to file a claim. An experienced attorney in Hollywood, Margate, or Fort Lauderdale, can make sure to protect your rights and secure proper compensation for your child.

South Florida as developed as we seem, still has lots of undeveloped land with private roads leading to private properties, or roads leading to nowhere, in some underdeveloped citiessuch as; Weston, Sunrise and Margate. At times these roads may only be open to certain drivers, but when these said roads are inadequately designed and go unnoticed, serious injuries can occur to people who travel on them without warning.

Recently, a 45 year old truck driver, contracted to make delivery to a site off “Alligator Alley” in an unincorporated part of Broward County, he was traveling as directed on an under-developed road, to haul materials to a construction site. Do to parts of uneven pavement, the driver lost control of his truck and drove off the paved surface, as he attempted to steer back onto the road, being that the road had no shoulder or recovery area, the fully loaded dump truck flipped onto its side. The truck driver suffered bruises and a skull fracture resulting in his hospitalization, and loss of wages as an investigation was on track. The truck driver sought legal counsel from an experienced attorney practicing personal law in the Weston area, to represent him in this matter and to ensure his rights were protected and he received proper compensation for all his injuries.

Some truck accidents or worksite injuries can be costly to both the injured and the company that sponsors the construction site. Many companies begin extensive investigations upon the injured person, when accidents happen on site to insure that negligence is determined properly as personal or premises liability.

If you or a loved one has been seriously injured as a result of a construction site accident or another person’s negligence, contact an experienced attorney to discuss your case.

A dog bite can cause serious injury to anyone of us. Every year, South Florida Personal Injury attorneys receive calls from all over Broward County: Plantation, Sunrise, Davie, Weston, Fort Lauderdale, from persons seeking counsel as they may be the victim of a dog bite or maybe seeking advice on behalf of a victim.

Some of the scenarios personal injury attorneys have come across are; “I was bitten by a dog in my neighborhood while exercising or walking with my child in a park and was attacked by a dog that got away from its owner”. Any one of these scenario attacks can cause serious injury and in some situations can scar the victim or victims for life, not to mention the inconvenience to the victim. No matter how serious the injury caused by the bite, medical attention is usually required. Your personal injury attorney will advise you of the same, and to keep a record of your injury should you plan to file a personal injury claim for compensation or medical bills incurred from the bite.

Dog bite incidents have cost over $1 billion dollars, accounting for almost a 1/4 of the total number of home owners’ insurance liability claims. Homeowners and renters insurance policies typically cover dog bite liability and insurers may charge more premiums for certain breeds of dogs.
Whether it’s you or a family member that has received injuries from a dog bite, or you are the owner of a dog that was involved in a dog bite mishap, it is important to contact a personal injury attorney so your rights are protected.

For dog owners the following tips can help reduce the chances of your dog biting someone:

1. Have your dog spayed or neutered. Some of these procedures will reduce the likelihood that the dog will bite.
2. Socialize your dog with others, so that it knows how to act around other people and animals.
3. Play non-aggressive games with your dog such as “go fetch.” Playing aggressive games like “tug-of-war” can encourage inappropriate behavior.
4. Avoid exposing your dog to situations in which you are unsure what the dog’s response will be.

On a Monday Dr. Jameson, a former surgeon, was driving his sports utility vehicle, at the intersection of State Road 7 and Pembroke Road where he ran a red light and slammed into a car seriously injuring a school administrator and her 10-year-old daughter a minor. Both occupants of the vehicle suffered serious injuries from the crash enough for them to be taken to a Broward hospital emergency room. Dr. Jameson suffered minor injuries.

Reports taken from the scene of the crime stated that the physician was given a sobriety test, as it was alleged that he seemed unaware of his reckless driving and that he caused injuries to others. After investigation, it was revealed that the surgeon had three previous convictions for driving while under the influence of intoxicants. The police report also stated that the doctor may have also ingested a combination of prescription medications prior to the accident.

The injured woman and her family sought legal counsel from personal injury attorney in Davie, to assist in filing personal injury claims against the surgeon for loss of wages, damages to her vehicle and compensation for medical bills for herself and her daughter a minor, of whom the injuries sustained from the accident can have a long term affect in her future.
Contact an experienced South Florida attorney in your city, who will advise you of your legal rights and ensure you receive proper compensation for your losses and damages you may have incurred.

Most people will tell you that 99% of the time, when involved in an accident, you are nervous and upset and that is when you can make costly mistakes that can jeopardize your accident claim.

Here are some accident tips to follow:

1. Dial 911 immediately; even if there is no serious damage to the vehicles or personal injury to any of the drivers or passengers, if any, a report should be made to the police in the city in which the accident occurred – for instance if the accident occurred on Sunrise Blvd and University Drive a report should be made to the Sunrise Police Department. Many cities have similar protocals to follow as do Hollywood, Coral Springs, Pembroke Pines, Cooper City and Margate.

2. Keep calm.

3. DO NOT leave the accident scene; If the accident involves death or injury, report it immediately to the police.

4. Note the date and time of the accident. Write down the location. Draw a diagram, if possible.

5. Write down the plate number, make and model of the car involved and name, address, Drivers license number, and the insurance company information for the driver of the vehicle involved, whether or not the driver is the owner of the vehicle.

6. Be sure to write down the names, addresses, and phone numbers of any eyewitnesses who saw the accident, but were not involved in it.

7. ONLY give your name, address, license number, license plate number, name of registered owner of the car, and your insurance company information.

8. Don’t discuss the accident with anyone or blame anyone, including yourself; only give the particulars pertaining to the accident to the attending Officer, DO NOT ACCEPT RESPONSIBILITY, you should always contact a South Florida Personal Injury Attorney to protect yourself and your rights.

9. Report accident to your insurance broker, company, or agent.

10. Obtain a copy of the Police Report for your records and future use.

A young couple was killed in a Broward County car accident, which police reported was caused by a drunk driver who was going the wrong way on the freeway. One Sunday morning, Fort Lauderdale Police arrived at the scene, to find a man that was driving a Honda Civic had crashed his vehicle into a young couple in an SUV. The occupants in the SUV were pronounced dead at the scene, and the driver of the Civic sustained major injuries but was arrested for driving under the influence, charged with vehicular manslaughter and with gross negligence.

Driving under the influence of alcohol and/or drugs is illegal in the state Florida: any driver, whose act of driving under the influence results in the death of another will likely face vehicular manslaughter charges. Drivers determined to be under the influence of drugs or alcohol may also be held criminally and civilly liable for the accidents and damages they cause.

The families of the occupants of the SUV will be well advised to contact a South Florida personal injury attorney who may advise that in cases where negligence or wrongdoing is apparent, the family of the deceased victims can file a wrongful death claim seeking compensation for medical and funeral expenses, loss of love and companionship and other related damages. A personal injury attorney in the city of your residence such as; Hollywood, Pembroke Pines, Fort Lauderdale, or Cooper City, will stay abreast of the official investigation and make sure that the legal rights and best interests of all involved are protected and that compensation for damages is rightfully obtained.

Small Accident?

Recently on the way home from an office in downtown Fort Lauderdale, a woman from Weston found herself in the usual rush hour traffic on Interstate I-595. The traffic was heavy with the usual stop and go flow. The driver behind the woman was not paying attention to the traffic flow and hit her from behind, after reviewing the damage which was minimal; the drivers exchanged insurance information just as a formality.

The following day, the rear-ended driver began to feel stiff and as the day progressed, the stiffness turned into pain, then at that point the woman decided to visit her doctor and was diagnosed with whiplash, due to injuries sustained in the accident. The woman decided to contact her insurance company and was advised by a representative that the next step was to contact an experienced Fort Lauderdale personal injury attorney for advice.

If you were in this situation, you may consider your injuries minor, but going up against any insurance company has its difficulties and that is why contacting an experienced personal injury attorney in any city: Sunrise, Davie, Miramar, Plantation, Fort Lauderdale, Weston or Pembroke Pines is the best step you can take, as the Insurance companies are full of experts, all of whom have the company’s best interest as their top priority.

Broward personal injury attorneys state that people injured in "small-time" car accidents are reluctant to hire an attorney for some of the following reasons; they think they may not need an attorney’s help or that they cannot afford an attorney, but by hiring a South Florida personal injury attorney for these types of situations, usually allows these car accident victims to recover more than just repairs to the vehicle and doctors bills, even after the legal fees are paid. In most accident and personal injury claims, legal fees are paid on a contingency basis, meaning that the attorney collects a percentage of the total recovery and no legal fees are paid up front by the victim.

By hiring a South Florida personal injury attorney to handle your case, will not only save you a lot of time but it’s likely you recover a more accurate compensation for your loss as the accident victim.

Personal injury ruling varies by state to state, but there are two basic legal frameworks that control who pays “fault and no-fault” (this is called “economic liability") for damages and personal injury caused by vehicular accidents. In simple terms, the fault system requires that “fault” be determined through an investigation by the Insurance Company involved and/or judgment by the court before any economic responsibility is assigned.
Normally, whomever is found legally at fault be in Cooper City, Hollywood, Margate or Pembroke Pines, the "at fault" party pays the accident victim for any cost incurred, due to personal injury, vehicle replacement, and/or vehicle repairs.

The “no-fault” system is easier by providing the accident victim with immediate compensation, regardless of who is at fault. Both systems are in use throughout the US and some states even have a combination of both, causing us the personal injury attorney representing the accident victim to address the “pros and cons” of each.

Florida is considered a “no-fault” state, and the issue of fault and negligence in any personal injury case is always a concern, when seeking money for a victim of a car accident caused by another. Therefore, clear understanding of the accident victim's insurance policy and the limits and fault as stated in the said policy will impact the case, and is crucial to a clients overall understanding of their claim for damages and the litigation process. Insurance companies will work hard to deny you adequate coverage and an experienced lawyer can help you recover damages for your injuries. Be sure to call a personal injury attorney to handle your case in the county in which the accident took place Dade, Broward, Palm Beach, or any similar jurisdiction.

A teenaged pedestrian was seriously injured in an auto accident, crossing an intersection near Sunrise Boulevard and Pine Island Road. The Police report indicated that the teen was crossing a driveway at the Plantation Shopping Plaza when she was struck by a vehicle entering the plaza from Pine Island Road. Sunrise Police was called to the scene and got statement from witnesses. They obtained a description of the vehicle a black truck and a partial license plate number. The young woman was taken to a Broward Hospital as she was in critical condition from the injuries she received. The driver did not stick around it was unfortunately a hit and run accident.

Of course, it is possible that the identity of the driver of the vehicle in this accident will never be determined. In this case, the pedestrian would not be able to pursue a claim until the person or vehicle owner is identified. If the owner of the vehicle is found, an unknown, unidentified or "phantom driver" is considered the operator of the motor vehicle, in Florida, for which an uninsured motorist claim can be sought. This is separate from an underinsured motorist claim. An underinsured motorist claim applies when the identity of the driver is known and the driver had liability insurance, but the liability insurance is not sufficient to compensate the injured accident victim.

Attorneys located in Broward County, handle personal injury cases throughout the county including cities such as Sunrise, Weston, Fort Lauderdale, Davie, Margate, Plantation, Miramar, Pembroke Pines and Cooper City. Should you decide to seek compensation for any injuries you sustained, contact an experienced personal injury attorney in any one of these cities for legal counsel.

Many accidents occur due to a driver being under the influence of drugs or alcohol but what about drivers being too drowsy or sleepy to drive? Falling asleep at the wheel is as dangerous as a person drinking and driving. The result can be just as devastating. Getting little or interrupted sleep over an extended period of time can cause a person to become drowsy or fatigued, which can result in impaired driver's reaction time, judgment and impair their vision.

City Commissions in Margate, Plantation, Sunrise, Davie, Pompano Beach and the Broward County Commission have started a public awareness campaign designed to educate the public of the dangers of driving while drowsy. Experts suggest a person needs at least 6 to 8 hours of restful sleep to maintain alertness during the day. Shift workers are most often affected by lack of sleep as their schedules don't always coincide with getting children off to school in the mornings and waking up at various hours to tend to ill children. Working nights often affects your internal body clock; making sleep difficult during daytime hours.

Always make sure to rest before driving, so that a sleepy you is not the cause of a misfortunate accident. When taking long driving trips, always plan ahead and identify where you will stop along the way to rest and for meals. Taking the time to stretch or walk around during a long trip helps keep you energized and alert. On a long trip, you should take breaks about every 100 miles or every two hours of driving. A driving companion can not only share the driving but talk along the way, keeping you engaged and alert. If you should be in an accident along the way, due to a drowsy driver. Contact an injury attorney and get important information on how to pursue a claim and protect your rights if you are injured in an accident.