South Florida Injury Attorney Blog

After a woman received an insurance settlement for injuries she sustained in a car accident, a dispute arose between the insurance company and the hospital that treated her over payment of the hospital’s lien. In many personal injury cases, receipt of a settlement or judgment is far from the end of the case. Medical providers and insurers may have claims to all or part of a settlement or judgment amount, and they sometimes fight amongst themselves for how to split a limited amount of money. In Shands Teaching Hospital v. Mercury Insurance, an insurance company asked the Florida Supreme Court to rule on the constitutionality of laws allowing private hospitals to impose primary liens on injury settlements. The court found the state law to be unconstitutional, but upheld the county ordinance.

The case originated with a claim for personal injuries by a woman injured in a car accident. The woman sought treatment at Shands Teaching Hospital in Gainesville, Florida, and received care valued at $38,418.20. A law enacted by the Florida Legislature known as the Alachua County Lien Law (the “Lien Law”), and an ordinance passed by the county known as the Alachua County Lien Ordinance (the “Ordinance”), enabled the hospital to perfect a lien against any potential settlements or judgments that the woman might receive as a result of the accident.

The driver who struck the woman had an auto insurance policy through Mercury Insurance Company of Florida that provided $10,000 in bodily injury coverage and $10,000 in Personal Injury Protection (PIP). Mercury settled for $10,000 in exchange for her signed release. The release did not include Shands, which had already perfected its lien. Shands sent Mercury a copy of its lien, and Mercury sent it $10,000, representing the remaining amount available under the policy. Alleging that Mercury had impaired its lien, Shands sued Mercury for the remaining lien amount, $28,418.20.

Continue reading "Florida Supreme Court Rules on Conflict Between Hospital Liens and Insurance Coverage in a Car Accident Case: Shands Teaching Hospital v. Mercury Insurance" »

A series of automobile accidents along Interstate 75 involved about forty-seven vehicles and injured more than fifty people. No fatalities were reported, but the crashes caused extensive damage and forced the closure of the highway for hours. Rainy weather and low visibility reportedly played a major role in the accidents. The state of Florida currently faces multiple lawsuits arising from another series of crashes on a different stretch of I-75 in January, also allegedly resulting from weather conditions.

The Sarasota Herald-Tribune reports that the accidents began occurring around 3:00 p.m. on Friday, October 5, 2012, in the southbound lanes of I-75 and the University Parkway overpass along the county line between Sarasota and Manatee Counties. Heavy rain conditions caused significantly reduced visibility. A crash involving at least eight vehicles occurred on the overpass, injuring at least ten people. Additional accidents happened on the highway below. The precise sequence of events may never be known, but at least two semi trailers were involved, one of which leaked fertilizer onto the road. A jackknifing trailer on the highway caused a series of crashes as cars tried to avoid the wreckage.

In all, forty-seven cars and other vehicles were damaged. The wreckage stretched for about half a mile from the overpass, and people remained stranded on the highway for hours. About fifty-four people were injured, with two airlifted to a trauma center, thirty-two people taken by ambulance to hospitals, and about twenty people receiving treatment at the scene. None of the injuries were fatal or life-threatening, a fact that a spokesperson for the Sarasota County fire department called “miraculous.” Both she and a lieutenant with the Florida Highway Patrol (FHP) said it was the largest automobile accident either of them had ever seen.

Continue reading "Car Crashes Along I-75 in Rainy Conditions Near Sarasota Damage Almost Fifty Vehicles" »

Allstate Insurance Company published its eighth annual report on “America’s Best Drivers” this summer. The report ranks two hundred American cities based on the frequency with which drivers have auto collisions and the overall likelihood of accidents. It includes four cities in south Florida, and none of them receive a high ranking. Other Florida cities rank higher on the list, but for the most part, not much higher. This is largely due to population and traffic density in large metropolitan areas like Miami and Tampa, which can lead to more frequent car collisions. The study, while not necessarily a representative sample of all drivers in south Florida or the rest of the country, can still provide useful guidance to understand the risks of car accidents in the area.

Actuarial data, based on claims for car accidents made to Allstate, formed the basis of the report. Allstate is one of the largest providers of car insurance in the country, but by its own estimate it only accounts for ten percent of auto policies. For this reason, the report may not impress scientists or statisticians, but it can still offer, as Allstate says, a “realistic snapshot” of driving conditions around the country. Researchers identified two key indicators for ranking the “Best Drivers”: the length of time an average driver is likely to go between accidents, and the percentage difference between the likelihood of an accident in a particular city and the national average. Cities with the “Best Drivers” have the longest period of time between accidents and the lowest likelihood of accidents relative to the rest of the country.

This was Allstate’s eighth annual “Best Driver” report, and it has noted a tendency for smaller cities in less populous areas to have “better” drivers than larger, more densely-populated areas. This year, it declared Washington, DC to have the “worst” drivers, and Sioux Falls, South Dakota to have the “best.” Denser, more populated cities present different challenges for drivers than smaller cities, including a greater number of potential distractions, heavier traffic, and less-predictable road conditions.

Continue reading "South Florida Has Some of the Worst Drivers in the Nation, According to Insurance Company Survey" »

The alleged failure of software used to monitor police vehicles, which formed the basis of a wrongful death lawsuit against the software developer, is not covered by the developer’s liability insurance policy, according to the U.S. District Court for the Southern District of Florida in Maryland Casualty Company v. Smartcop, Inc., et al. The estate of a sheriff’s deputy killed in a police vehicle sued the software developer, and the developer’s insurance company filed a declaratory judgment action to establish its obligations to its insured. The court granted the insurance company’s motion for summary judgment on Friday, September 21, 2012, ruling that the underlying lawsuit was excluded from coverage under the policy.

Maryland Casualty Company sued Smartcop, which did business as Consolidated Technology Solutions (CTS), and Lazaro Guerrero, who represented the Estate of Melissa Powers, to determine its duty to defend or indemnify CTS in a state lawsuit filed by Guerrero. The state lawsuit arose from the death of Powers, a Monroe County sheriff’s deputy, in a car accident in Key Largo on the night of June 22, 2010.

According to the Orlando Sentinel, Powers was driving in emergency mode at about 106 miles per hour when she swerved to pass another vehicle. She reportedly lost control of her patrol car and hit a parked truck. Monroe County subsequently changed its policies regarding when its officers may drive in emergency mode. CTS had provided software to the county sheriff’s department to monitor its vehicles in 2002. Guerrero filed a lawsuit against various parties, including CTS, alleging that Powers’ death resulted from CTS’s negligent failure to maintain or update the software.

Continue reading "Florida Court Rules on Question of Insurance Coverage for Negligence and Wrongful Death Claim: Maryland Casualty Company v. Smartcop, Inc." »

The Florida Supreme Court reviewed the “dangerous instrumentality” doctrine, a rule governing objects widely known to be dangerous, in Rippy v. Shepard. The trial court ruled that Florida’s dangerous instrumentality doctrine does not apply to farm tractors and dismissed the plaintiff’s complaint. The appellate court affirmed the dismissal. The Florida Supreme Court disagreed, however, and quashed the lower court rulings in favor of the plaintiff’s argument.

James Earl Rippy was injured by a farm tractor owned by James Shepard. Rippy sued Shepard, alleging that Shepard was liable under the dangerous instrumentalities doctrine. Rippy argued that a farm tractor should be included in the state’s definition of a dangerous instrumentality because state caselaw already included motor vehicles in the dangerous instrumentality doctrine, and because the Florida Legislature defines a tractor as a motor vehicle and regulates its use as such. The trial court rejected this argument and granted the motion to dismiss filed by Shepard. Rippy appealed to the First District Court of Appeals, and then to the Florida Supreme Court.

The seminal Florida case defining the dangerous instrumentality doctrine is Southern Cotton Oil Co. v. Anderson, 86 So. 629 (Fla. 1920). The doctrine is an English common law principle that applies to any object known to have qualities or properties that make it “peculiarly dangerous in its operation,” as the court held in S. Cotton. The court in that case included motor vehicles in its definition of a dangerous instrumentality, specifically in the context of their use on public roadways. The court imposed vicarious liability on a motor vehicle owner if the owner entrusted it to someone who caused an accident. The purpose of the doctrine is to ensure that people who entrust their vehicles to others do so responsibly, by imposing financial responsibility for any accidents caused by the driver’s negligence.

Continue reading "Florida Supreme Court Rules that Dangerous Instrumentality Doctrine Applies to Motor Vehicles Other than Automobiles" »

The Florida Legislature passed a law, the Motor Vehicle Personal Injury Protection Insurance Act, earlier this year that purportedly reforms the requirements and procedures for personal injury protection (PIP) insurance. The law’s stated purpose is to cut down on fraud in PIP cases that was allegedly driving up costs. Most of the provisions of the new law will take effect on January 1, 2013, but some state regulators are already predicting that the law will save money for both insurers and consumers. The law imposes limits on time periods to seek treatment and on the types of compensable injuries, and consumer advocates predict a negative impact on consumers.

Florida first adopted a PIP law in 1972, according to the Insurance Journal, in order to ensure that people injured in automobile accidents had quick access to resources for medical treatment. Drivers must maintain PIP coverage as part of their auto insurance policy. Under the “no fault” PIP law, a driver’s insurer must pay up to $10,000 to its insured after an accident, regardless of who was at fault, to cover medical expenses and lost wages. The Insurance Journal claims that Florida, particularly in Miami and Tampa, leads the nation in “staged accidents.” Fraudulent PIP claims are allegedly responsible for a $1.4 billion increase in PIP costs in Florida since 2008.

Continue reading "Florida Enacts Changes to Personal Injury Protection Insurance Requirements; Some Predict Savings on Premiums" »

The family of a nine year-old boy who died in a March 2012 school bus crash in Fort Pierce, Florida have filed a wrongful death lawsuit against the driver of the semi truck that hit the school bus and the trucking company that employed the driver. They have also filed a claim against the school district, asserting that the school bus driver, and therefore the school district, is also liable. Because the school district is a government agency, the family must first present its claim to the state before attempting to file a lawsuit.

An investigation by the Florida Highway Patrol (FHP) concluded that neither the driver of the school bus nor the driver of the semi truck should face criminal charges for the accident that occurred on March 26, 2012. A school bus driver with the St. Lucie County School District reportedly made a left turn into the path of an oncoming semi truck at about 3:45 p.m., while transporting thirty elementary school students. The semi truck collided with the school bus, causing the bus to spin 180 degrees and the truck to flip over. Nineteen people on board the school bus, including eighteen children and the 56 year-old driver, were injured. One passenger, nine year-old Aaron Beauchamp, was killed in the collision. The driver of the semi truck was not injured.

Continue reading "Florida Family Files Wrongful Death Lawsuit Over School Bus Crash" »

A family arriving in Florida from Chicago were injured when the limousine they had rented crashed into a pillar in the airport’s parking garage. The family of four and the limo driver were taken to the hospital, although their injuries were said not to be “life-threatening.” Police have not released any further information as to why the driver might have lost control of the vehicle, or if it was driver or mechanical error that caused the crash.

The Chicago family, consisting of a mother and father, a 13 year-old son, and a 7 year-old daughter, arrived at Fort Lauderdale-Hollywood International Airport on Wednesday, June 27, 2012. They booked a 2008 Lincoln Navigator limousine to take them from the airport to their destination. Shortly before 3:50 p.m., according to news reports, the 75 year-old limo driver lost control of the limo inside the airport parking garage. The limo collided with a parked car on the ground level, then slammed into a concrete pillar.

The limo was reportedly totalled by the collision. All five occupants of the limo were taken to Broward Health Medical Center. No one was seriously injured, according to authorities at the time. No subsequent media reports on the accident have appeared. Police said that they were investigating the cause of the crash, but local newspapers do not appear to have reported further information.

A spokesperson for the Sheriff’s department stated that the limo driver apparently lost control of the vehicle just before the crash. The reasons for this, including whether it was driver error, a mechanical failure with the vehicle, or simply an accidental set of circumstances, were not immediately apparent.

Continue reading "Limousine Crash at Fort Lauderdale Airport Injures Five" »

A driver’s attempt to pass another vehicle on the shoulder of Interstate 95 may have caused a three-car accident that left one person dead. The accident closed down the highway for four hours on a Saturday evening as investigators attempted to piece together the chain of events. The accident involved four people. One person was killed in the accident, and another was seriously injured. The other two people reportedly did not suffer injuries.

The accident occurred at approximately 6:30 p.m. on Saturday, July 14, 2012, in the southbound lanes of Interstate 95 in Fort Lauderdale. A man driving a 1999 Isuzu Rodeo reportedly attempted to use the right shoulder of the highway to pass a Ford Mustang. While changing lanes off of the shoulder after passing the Mustang, the Rodeo apparently clipped the Mustang’s front. This caused the Rodeo’s driver to lose control, and his vehicle flipped over. The Mustang veered to the left after the impact, colliding with a 2004 Volvo C70.

A 52 year-old passenger in the Rodeo was thrown from the vehicle when it rolled over. He was reportedly not wearing a seatbelt. Emergency responders pronounced him dead at the scene. The driver of the Rodeo was taken to the hospital with injuries described as “serious.” The drivers of the Mustang and the Volvo were not injured in the collision.

Continue reading "Fatal Car Crash on Fort Lauderdale Highway Results from Attempt to Pass on the Shoulder" »

An alleged drunk driver crashed his pickup truck into a legendary Miami soul food restaurant the weekend before the 4th of July, killing two people and destroying the restaurant’s front. The driver now faces DUI manslaughter charges and multiple charges for driving under the influence, including several charges of DUI with property damage.

At about 8:30 p.m. on Saturday, June 30, 2012, several men were standing outside Jumbo’s Restaurant in Miami’s Liberty City neighborhood. Ken Knight, on of Jumbo’s owners, was talking to two regulars of the restaurant, Wilton Harris and Al Jo Hamlin. Harris and Hamlin, both of whom were pastors, had reportedly just come from a memorial for a Jumbo’s waitress who had died of cancer. Suddenly, according to Knight, a white pickup truck veered off of the street, into the parking lot, and directly towards the restaurant. Other witnesses said they saw the truck speed up as it approached Jumbo’s. Knight said he heard a boom and a crash. The pickup truck had hit a car parked in front of the restaurant, pushing it through the restaurant’s glass windows. The collision threw Hamlin through the window into the restaurant. Knight found Harris pinned under a truck. Both men were killed on impact. About eleven people were in the restaurant, but none of them were injured.

Continue reading "Two Fatalities When Pickup Truck Crashes Into Miami Restaurant" »

Distracted driving has gained national attention as a serious public hazard. The term typically refers to the use of a cell phone or other mobile communication device that takes a driver’s attention off the road. Distracted driving now accounts for a significant percentage of total accidents in the U.S. The risks of distracted driving are important to understand, as are the rights of people injured by a distracted driver. Driving while distracted constitutes a clear breach of a driver’s duty to operate a vehicle safely and cautiously, making the driver liable for negligence. In situations where a driver is operating a vehicle as part of his or her employment duties, the law may also impute liability to the driver’s employer.

According to the National Safety Council (NSC), a private safety advocacy organization, distracted driving involving cell phones accounted for about twenty-four percent of all car crashes in 2010. The National Highway Transportation Safety Administration (NHTSA) the government agency that regulates automobile safety, states that distracted driving accounted for 3,092 automobile fatalities that same year. Cell phones frequently serve as evidence in both police investigations and civil suits to establish a driver’s negligence. The NSC describes three types of distraction, visual, manual, and cognitive, that may result from cell phone use while driving. Even the use of a hands-free device may not reduce cognitive distraction.

Many states, counties, and cities have enacted bans on various forms of distracted driving. The National Transportation Safety Board (NTSB), a federal agency that investigates accidents and makes safety recommendations, has called for a nationwide ban on all cell phone use while driving. Currently, no jurisdiction has such a ban. Ten states and the District of Columbia ban all use of handheld cell phones while driving. Thirty-nine states and D.C. ban texting by all drivers. Total bans on all cell phone use apply to novice drivers in thirty-two states and D.C., and to school bus drivers in nineteen states and D.C. Florida, unlike most states, has no bans on cell phone use at all. State law in Florida actually preempts local governments from enacting their own laws regulating cell phone use.

Continue reading "Distracted Driving Accidents - Who Is at Fault?" »

A national health care advocacy organization, the Trust for America’s Health (TFAH), recently released a report on injury-related deaths in all fifty states and the District of Columbia, entitled “The Facts Hurt: A State-By-State Injury Prevention Policy Report.” TFAH identified ten “key indicators” of injury prevention in state laws and regulations. The study ranked the states and D.C. based on the number of key indicators present, and it also ranked them based on the rate of deaths per 100,000 people. Florida ranked near the middle on both scales, with only six of the ten key indicators. The state’s annual rate of 66.8 injury-related deaths gives it the eighteenth-highest rate in the country.

Injuries account for over 180,000 deaths each year, according to the study. Among people between the ages of one and forty-four years, injuries are the leading cause of death. Injuries account for nearly 90,000 deaths in that age group, compared to 50,000 for non-communicable disease and less than 10,000 for communicable disease. The study divides injuries into categories, including falls, blunt force injuries, gunshot wounds, cuts or puncture wounds, burns, poisoning, vehicular injuries, and drowning or suffocation. In all, the lifetime costs of injuries, which includes not only immediately medical expenses but also the ongoing cost of care, lost income, and lost productivity, exceed $406 billion per year.

New Mexico has the highest overall injury-related death rate, according to TFAH, with 97.8 deaths per 100,000. New Jersey has the lowest rate at 36.1. Florida is just behind Colorado’s 67.8 and ahead of North Carolina’s 66. TFAH states in its report that it cannot say with certainty why one state has a lower or higher injury-related death rate than another state, but that its list of “key indicators” can offer states guidance on how to effectively prevent injuries.

Continue reading "Florida Receives Average Score in Advocacy Group's Injury Prevention Ranking" »

The law states that drivers who fail to properly obey traffic signals may be held liable for the accidents they cause. Accident investigations are used to determine whether the driver of a motor vehicle was at fault: driving under the influence, distracted, inattentive or more recently texting behind the wheel. If the driver is found to be at fault they will be held liable for any injuries and or damages that may have occurred.

Jason whilst taking his usual Sunday cruise out to the Truck Stop in Davie, was seriously injured in a motor vehicle accident where he was struck by a car. The official police report stated that the driver of the car made an incorrect turn at the intersection of Griffin and Weston road causing serious bodily injury to Jason who was heading west on Griffin towards US Interstate Highway 27.

Jason suffered critical injuries as he was thrown from his motorbike. Police reports and investigation determined, that the driver of the car who was heading east on Griffin road made an illegal left turn and failed to yield right of way to the motorcyclist. Police and paramedics were called out to the scene and Jason was taken to the hospital. Jason’s injuries were serious and he was hospitalized and after his release from the hospital he still had regular visits plus rehab was necessary. Jason sought legal counsel from an attorney experienced in motor cycle accident, he filed suit against the driver of the motor vehicle and received compensation for his medical bills and loss of wages.

Should you or a loved one find yourself in a similar situation please feel free to contact us at our offices located across South Florida. We can be reached at 954 431 8100 or 305 624 9186 or you can visit us online for your free consultation.

Last Friday Tomas, was heading home after leaving an office function where alcohol was served, he was heading south on State Road 7 and at the intersection of State Road 7 and Hollywood boulevard he ran a red light and slammed into a car seriously injuring the driver and his passenger.

Occupants of the other vehicle received serious personal injury from the crash and had to be taken to the hospital emergency room. Tomas received minor injuries and was arrested by the police on the scene as he was found to be driving under the influence.

Reports taken from the scene of the crime stated that Tomas was given a sobriety test, as it was alleged from witnesses at the scene that he was driving recklessly. Investigations also revealed that Tomas had previous convictions for driving while under the influence of intoxicants.

The injured driver and his occupant sought legal counsel from personal injury attorney in Hollywood, who assisted them in filing personal injury claims against Tomas for loss of wages, vehicle damages and compensation for medical bills.

Contact us at 954 431 8400 or 305 624 9186 or visit us online for your FREE consultation. We have offices located across Dade and Broward county, and our experienced staff will review your case and advise you of your legal rights and ensure you receive proper compensation for your losses and damages you may have incurred.

Earlier this month here in South Florida, there was a incident where the turnpike was shut down from the Golden Glades interchange to the Interstate 595 due to a series of events stemming from a car jacking that began in Northwest Miami-Dade just around mid afternoon. The car-jacker first car jacked a vehicle in Miami-Dade then headed into Broward county, where he robbed a barber shop in Pembroke Pines and fired his weapon he then dumped the first car that was stolen and “jacked” another.

In his escape he entered the turnpike heading north but crashed into a vehicle, what if you were the victim on that crash, you are heading home after a day on the job and you are involved in this chase. What is your next step, first after seeking medical attention should you require you should contact an experienced attorney in this type accident.

At the Law Office of Cohn and Smith our experienced staff will assist and guide you thru this ordeal. We will first review your case to ensure that your rights are reserved, we will protect your rights as a victim and ensure that you receive the proper compensation that you deserve for your damages.

Should you or a loved one be the victim of this type of injury please feel to contact our office for your free consultation. We can be reached at 954 431 8100 or 305 624 9186.

In South Florida, our equivalent of snow storms is our Hurricane season. Hurricane season officially begins in June and ends in November. For the last couple years South Florida has been extremely fortunate and not been hit by any major hurricanes. Let’s pray that this 2012 hurricane season will be the same.

We may not have had category 3-5 weather but we have had some thunder storms with extremely heavy downpours and even some golf ball size hail. This type of weather makes driving conditions extremely hazardous as the roads tend to get slippery which in turn can cause hydroplaning, which in turn causes automobile accidents. Hydroplaning is caused when there is a combination of oil, dirt, and water that make the roads slick and tires have a harder time getting traction causing this effect. SLOW DOWN. Quite a bit of road accidents that occur during this season are normally caused from motorists who were driving too fast in these slick conditions. Should you become a victim of a motor vehicle accident due to the recklessness of another driver, you should seek legal counsel to ensure you receive proper compensation for injuries and damages that you may have sustained due to negligent driving of others.

If you or a loved one has been injured in an accident caused by someone driving negligently in wet conditions, contact an experienced personal injury attorney who will know your rights and get you proper compensation. You can contact our offices for a free consultation at 954 346 0607 or 305 624 9186 or visit us online. We have offices located across Broward and Miami-Dade County, and my staff is ready to assist you with your claim.

The Sunrise Police Office was investigating a traffic accident in which a SUV crashed into a storefront window. The accident occurred at Sunrise Pita, on North University drive, just around 5.30pm last Tuesday.

Ron a regular at Sunrise pita was about to step up to place his order when a car suddenly crashed through the front of the store, the driver of the vehicle apparently made an attempt to reverse out of a parking spot but had to stop and pull forward back into the spot to avoid hitting another vehicle that was passing behind his car, once the car had crossed, the driver made another attempt to reverse but forgot that he had put the car in drive, and that was when his car crashed through the store front window injuring Ron who was about to place his order.

911 was called and the paramedics took Ron and the driver of the vehicle to the local hospital, luckily the injuries they both sustained were not major, but Ron’s injuries were serious enough for him to be hospitalized for at least a twenty four hour observation.

Ron sought legal counsel from an experienced Fort Lauderdale personal injury attorney who assisted him in filing personal injury claims against the driver of the other vehicle for loss of wages and compensation for medical bills.

Should you or a loved one become the victim of an accident, contact a personal injury attorney to ensure you receive proper compensation for any injuries you may have sustained. Contact us at 954 431 8400 or 305 624 9186 or visit us online for your FREE consultation. We have offices located across Dade and Broward County, and our experienced staff will review your case and advise you of your legal rights and ensure you receive proper compensation for your losses and damages you may have incurred.

Some South Florida personal injury attorneys will tell you that in conversation with some of their clients who was a victim of a minor accident; sometimes don’t always seek legal counsel from an attorney as they don’t think they have enough grounds to file claim or suit.

At our office we have had victims and their family members after reaching out to us state that initially they were reluctant to contact as they thought they did not need out help or they thought they could not afford an attorney. What these victims don’t realize is that 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. Always seek legal counsel.

Hiring an attorney experienced in personal injury will assist you as the victim to recover compensation for medical bills assist you in recovering compensation to repair your vehicle and any other hardship costs that you as the victim may endure.

At the Law Office of Cohn and Smith we will work with you to ensure that get the compensation that you deserve. Please feel free to contact us at 954 431 8100 or 305 624 9186 or visit us online for your FREE consultation.

There can be no amount of pleas that we see daily in the media about the dangers of texting and driving. I was actually privy to an accident that stemmed from the driver texting and not paying attention to the traffic.

I was picking up my daughter at her school where there are numerous signs “No TEXTING whilst in the Car Pool Lane”, the driver a teenager was apparently texting whilst in the lane, and not paying attention to the flow of the traffic, hit the car in front of her when they stopped to make the pick up. Luckily for her there was no damage to the car or the child that was about to enter the vehicle, but she was not that lucky to avoid a ticket from the cop that was on patrol at the school. She was given a stern warning from the cop and a ticket.

This incident could have been worse, the child may have been entering the car and with the impact from the car behind been hurt, another scenario could have been where the “texter” not paying attention not see a pedestrian crossing and come into contact with them causing them injury. These are just some of the cases we have seen at our firm. We always advise if you are a victim of this type of accident, you should contact an attorney experienced in personal injury to ensure that your rights are reserved.

Our offices are located all over South Florida and we offer free consultation. We can be reached at 954 346 0607 or 305 624 9186 or online. My staff will review your case to ensure that your rights are protected and you get the compensation that you deserve.

Summer is almost here, well that’s according to the calendar, but the meteorologists will say different. Boating is a part of life for many people in South Florida. Unfortunately, with so many people taking their boats out, boat accidents are bound to happen.

As an attorney in South Florida we have represented numerous boat accidents and you would be amazed that these accidents can occur for many of the same reasons auto accidents do.

Here are some examples of reasons for boating accidents: BUI –boating under the influence; careless or reckless driving; aggressive driving; driver inexperience and negligence.

Here are some examples of the consequences of boating accidents: sinking; loss of life from drowning; fire and explosion; flooding and capsizing.

Unlike cars, boats do not require any sort of licensure prior to being operated. Unfortunately, this means that some inexperienced and irresponsible individuals are allowed to operate boats. These people often cause boating accidents. Admiralty and Maritime rules and laws govern boat accidents. These laws can be confusing, and may make it difficult to establish the cause and determine who is at fault for the accident; therefore contacting an experienced attorney in these types of accidents is extremely urgent to ensure that your rights are reserved.

If you or a family member has been involved in a boat accident anywhere in South Florida, please contact one of our experienced boat accident attorneys from the Law Office of Cohn & Smith, who will evaluate your claim for free and fight to get you the compensation you deserve. We can be reached at any of our offices located in Fort Lauderdale, Pembroke Pines or Weston, online or via telephone 954 431 8100 or 305 624 9186 for your FREE consultation.

Coral Springs, FL (Sun Sentinel) - Roof collapses at AmTrust bank in Coral Springs earlier today.

There were no reports of injuries Monday afternoon when a large portion of an overhang collapsed at the drive-through area of a Coral Springs bank.

No other area of the bank appeared to be affected by the collapse.

The outcome of this report could have been worse, with injuries to a bank customer using the drive thru at the time of the collapse.

In situations like this should you ever find yourself in one, you may be able to file premises liability against the bank or property owner but to ensure you have enough evidence to back your claim should you decide to file one for damages to yourself and your vehicle you should always keep the following to present to your legal counsel who should be an experienced attorney in premises liability:

1. Retain all records of Medical bills should you have been injured from the accident;

2. Get the police report for the incident;

3. Take photographs of the accident area and the immediate area;

4. Photographs of the damages to your vehicle and your person should you have any.

Once you have all of the above you should present to your Attorney who will review and ensure you receive the proper compensation that you deserve for your damages etc. Should you or a loved one become a victim of this type of accident, you should seek counsel from an experienced attorney in personal injury.

Contact us online or via telephone 954 431 8100 or 305 624 9186 for your FREE consultation.

Continue reading "Roof Collapses in Coral Springs " »

Lovely weather for the beach we had this weekend, but back to the grind. Monday news report in the Sun Sentinel – Sun Bather run over by Lifeguard. How safe is it on the beach?? We all know the water has its dangers but you would think that you would be safe on the beach except for the occasional sunburn. See the article on the North Carolina native, Ms. Mizelle who was visiting our sunny State for some sunshine.

Fort Lauderdale, FL (Sun Sentinel) – Sun Bather run over by Life Guard.

Rinda Mizelle was sunbathing on the beach in Fort Lauderdale, shorts shielding her face from the sun, when instantly she felt the weight of a lifeguard truck rolling across her body, she says.

"The left side of my body got it the worst," she said. "My right arm had to be stitched. We change my bandages twice a day."

Read more

As Ms. Mizelle’s Attorney stated in his interview the State of Florida has given sunbathers the right of way over all traffic on the beach, he also went on to state that within the last year there have been more injuries similar to Ms. Mizelle.

Should you or a loved one become a victim of injury, after seeking medical attention you should seek counsel from an experienced attorney in personal injury. As a Fort Lauderdale attorney we have represented victims that have been injured due to negligence by city officials or workers and been successful. As we have seen some cities have deadlines as to when you can file a claim, any experienced attorney would know to do their research with the city that the incident took place to ensure that you do not miss the date. In this case the victim lives out of state so in a matter like this I would advise my client to keep all records of injury; medical bills etc, and the report from the first responders on the scene should be kept. These records should be submitted to your Attorney to ensure that you have a strong case should you decide to file claim for your injuries.

Contact us online or via telephone 954 431 8100 or 305 624 9186 for your FREE consultation.

Continue reading "Sun bather run over by Life Guard" »

Continuing where we left off previously, here is the remainder of the steps that you should follow should you or your loved one be involved in any type of accident.

1. Make notes about the accident, damages to all vehicles involved. Get all auto registration and/or insurance information from the other driver and get witness contact information.

2. Be polite, but don't tell the other drivers or the police that the accident was your fault, even if you think it was. Do not accuse the other drivers of being at fault at this time. Do not spontaneously discuss your personal condition, mental frame of mind, or anything unrelated to the accident. Limit your discussion of the accident to the police and your insurance agent. Even if the facts are embarrassing or detrimental to you, be truthful.

3. If you have a camera, and it is safe to do so, photograph the accident scene.

4. If possible, do not leave the accident scene before the police officers and other drivers do.

5. If you get a call from the other driver’s insurance company asking for your version of what happened at the accident scene, politely decline to make a statement until you have consulted with a lawyer.

6. Consider contacting an attorney experienced in handling automobile accident cases.

As always we advise to seek legal counsel to ensure you know your rights and you get proper compensation for your injuries and damages that you may have incurred. We have offices conveniently located in Broward, Miami-Dade and West Palm Beach and has successfully represented seriously injured individuals throughout the cities of Broward County such as Sunrise, Plantation, Davie, Cooper City, Miramar, Pembroke Pines, Coral Springs, Weston, Tamarac and Margate. Contact our office for a free consultation at 954 431-8100 or 305 624-9186 or visit us online.

Living in South Florida certainly has its advantages the lovely weather and the beaches are the two main things not to mention the abundance of tourist attractions from night clubs to 5 star restaurants to parks for riding or if you are an avid health fanatic walking or jogging or, just spending time with good company and with perfect weather. So living in “So Flo” as it’s affectionately called can be considered GREAT but, then along with the good there is some bad.

Within recent times and on the news there have numerous accidents some ending in loss of life. At the Law Offices of Cohn & Smith we are specialized in all types’ accident-related cases, and with over 33years of experience we have put together a list of steps that I have separated into two blogs. Following these 11 steps we have listed below will assist your legal counsel in preparing a strong case on your behalf should you decide to file claim.

Below are some things we suggest you keep in mind if you or a family member is involved in an accident:

1. Stay as calm as possible. Check for injuries. If you really think your injuries warrant being taken by ambulance to the hospital, insist on it. Make sure to tell all of the doctors you see after the accident how your injuries occurred and that they resulted from your recent accident.

2. If the accident involves a significant collision and there are likely to be serious injuries, don’t move your vehicle unless its position puts you in danger or you are instructed to move it by a police officer.

3. Call the police, even if the accident is minor.

4. Notify your insurance agent about the accident immediately.

5. Don't sign any document unless it is for the police or your insurance agent.

Our offices are conveniently located in Broward, Miami-Dade and West Palm Beach. We have successfully represented injured individuals throughout the cities of Broward County such as Sunrise, Plantation, Davie, Cooper City, Miramar, Pembroke Pines, Coral Springs, Weston, Tamarac and Margate. Contact our office for a free consultation at 954 431-8100 or 305 624-9186 or visit us online.

In the news lately there have been lots of car accidents some have been the norm where one driver avoided another and got into an accident; there have been others involving school buses and basically just drivers not paying proper attention to the road, causing harm to other innocent drivers. I decided to review some commentary to ensure you have as much information as possible when choosing an attorney experienced in auto injury.

Having an attorney that is experienced car accident injury on your side will ensure that you get the settlement you deserve for your suffering and they will also ensure that the person responsible for your damages is held accountable for their irresponsible actions. A good vehicular accident attorney's understands that you deserve proper compensation and will make sure that your case is handled in a professionally so that you can be confident you will be heard and understood by the judge. They will be able to act quickly to ensure that you do not suffer while you wait for the case to reach its conclusion.

Medical costs can mount up quickly and a personal injury lawyer is well aware of this, and will make sure that your case is treated with the confidentially, with respect and in a timely manner. Once you secure the services of an experience auto injury attorney they will have a full plan for your case and review it with you so that you are confident about everything that will take place.

It is absolutely crucial that you move forward in filing your claim as soon as possible, as it is never wise to wait around. Your attorney needs to be on the case as soon as possible, as case preparation can be timely and you want to give him/her enough time to prepare and build a strong case on your behalf.

Attorney Alan Cohn has been representing car accident victims both in and out of the courtroom for years. His experience will help you recover for your injuries and get you back on your feet. Cohn & Smith PA have offices conveniently located in Broward, Miami-Dade and West Palm Beach and has successfully represented seriously injured individuals throughout the cities of Broward County such as Sunrise, Plantation, Davie, Cooper City, Miramar, Pembroke Pines, Coral Springs, Weston, Tamarac and Margate. Contact our office for a free consultation at 954 431-8100 or 305 624-9186 or visit us online.

I read this article and it made me seriously concerned when I read it. I found this article in the Sun Sentinel…

Sun Sentinel, FL A man convicted six times of driving under the influence was charged with a seventh DUI offense, court officials said Tuesday.

"Now if you have previously refused a breath test, and are charged again and refuse, that's another crime the person is charged with," Steinberg said. Cascioli "is not legally able to drive," Steinberg said. "He doesn't have a driver's license anymore. He can't register a car in his name. His privilege was permanently revoked."

Read more...

As my teenage daughter would say "Really!" "When do you draw the line" with these types of offenders, who constantly break the law. Do you wait until there is serious personal injury or worst case scenario a fatality???

As a Fort Lauderdale Attorney practicing personal injury and wrongful death law for the past 10 years in South Florida, I have represented numerous families who have been victims of drunk drivers, and ensured that they were compensated for their damages etc. Should your or a loved one be a victim of a drunk driving accident you should immediately seek legal counsel to ensure you know your legal rights. Contact our office for your free consultation via telephone 954 431 8100 or 305 624 9186 or online.

Daily on the roads of South Florida there are incidents of road rage; what if you were shot as a result of road rage? What do you do? This is what happened recently in Miami Gardens close to the Opa-locka Airport. See below the article from Sun Sentinel.

Miami Gardens, Fla. (Sun Sentinel) -- Road Rage victim shot after car crash

A fender-bender may have led to the fatal road rage shooting of a driver in Miami Gardens Monday afternoon.

"We are not sure he did the shooting," Bamford said. "We are still questioning witnesses."
Miami-Dade police officials, who are assisting Miami Gardens police, said the man was shot while standing in the roadway.

The article states that they are uncertain as to who exactly did the shooting. Up to the time the article was printed there were no arrests made as Miami-Dade police officials were still investigating.

The outcome of this road rage accident proved to be fatal for one of the parties involved. Investigations are still be conducted and no arrests or charges have been made. The families of the victims of this incident should seek legal counsel to ensure that their loved ones rights are reserved and they get the compensation they deserve. I am sure that you are uncertain as to exactly what rights the family of the victim that was killed due to this accident would have, or, if you were another party that was involved, what rights would you have should you decide to file claim against the person that caused this road rage incident. My advice seek legal counsel immediately from an Attorney who is experienced in these types of cases.

Should you or your loved one find yourself in a similar situation you should immediately contact an experienced Auto Accident injury attorney. Contact us online or via telephone 954 431 8100 or 305 624 9186 for your FREE consultation.

UPDATE: After investigations the shooting was not as a result of road rage.

Continue reading "Victim of road rage shot and killed" »

Every day in South Florida there is an incident that I can write about. Today I saw news coverage on one of our local channels WSVN-7 news, about a car that collided with a semi trailer. Reports state that there were no fatalities, luckily, but that six people needed to be hospitalized for injuries. Up to news time reports were uncertain as to exactly what the cause of the collision was but there was also speculation in the report that the cars may have been racing. See report below.

SOUTHWEST MIAMI-DADE, Fla. (WSVN) -- Five people are recovering in the hospital after the car they were riding in collided with a semi-trailer truck.

The incident occurred at about 2:30 a.m. Friday along Coral Way and Southwest 84th Avenue. Police said five people were riding in a Honda Accord when it collided with the big rig.

Hazmat responded to the scene after the semi-truck spilled about 100 gallons of diesel onto the road.

After seeking medical attention you should seek immediate legal counsel from an experienced automobile attorney to ensure you know your legal rights. Your legal counsel will request the following: records of all medical bills; photographs of the scene of the accident and the immediate area; photograph of your injuries should also be kept. You should also get a copy of the police report and you should also contact the owner of the tractor trailer or the company that he works for as an accident report will have to be completed for insurance purposes. All these documents are pertinent in preparing a strong case on your behalf should you decide to file claim for your damages.

Should you or a loved find yourself a victim of personal injury please contact an Attorney experienced in automobile accident law to ensure that you know your rights and you get the compensation you deserve. Contact us for your FREE consultation via telephone 954 431 8100 or 305 624 9186 or online.

Continue reading "Tractor trailer collides with car" »

Another one of those accidents that seem to be happening more frequently. Drivers confusing their car pedals and pressing the gas instead of the brake or in most situations putting the car into the wrong gear DRIVE instead of REVERSE. See below an article I saw on our local TV channel WSVN 7 recently.

NORTH LAUDERDALE, Fla. (WSVN) -- A building has been deemed unsafe after a car crashed into it.

The Broward Sheriff's Office is conducting an investigation into the crash and no charges have been filed.

Accidents of this nature cause an unusual amount of stress to the store owner who now has to close his business to be able to repair his store front. It stated in the article that North Lauderdale Building Inspectors came and did an inspection and deemed the building unsafe. The store will definitely have to remain closed until the structural repairs are finished and the building considered safe by Inspectors.

In situations like this it is always advised for the owner of the establishment to seek counsel from an experienced accident attorney to see whether he can file suit against the driver of the vehicle for damages to his store. Contact us online or via telephone 954 431 8100 or 305 624 9186 for your FREE consultation telephone 954 431 8100 or 305 624 9186 for your FREE consultation.

Continue reading "Store front crash" »

This one is one for the records, on the WSVN 7 morning news last Wednesday there was a report of a concrete dump truck colliding into several parked police vehicles and a palm tree just outside the American Airlines Arena where there was a Heat Game about to start.

No one was injured after the driver of a dump truck lost control of his vehicle and crashed into several police vehicles, then hit a palm tree. The crash happened just a few feet away from the American Airlines Arena, just as hundreds of Miami Heat fans were walking into the arena for Tuesday night's game.

The driver was brought to tears from the nearly catastrophic crash. "Thank the Lord there was no injuries to report, no occupants in any of the vehicles, and the driver of the dump truck is safe," said Cruz. No one was injured.

The Department of Transportation is investigating the accident and are looking into whether the truck was overloaded.

Luckily for this driver of the truck there were no injuries except for the damages to the parked vehicles but had the driver not been able to control the truck the outcome of this situation would have been worst. As stated in the report above Heat fans were on their way to the game.

As an attorney practicing Personal Injury in Miami- Dade and Broward should you ever find yourself a victim of an automobile injury, you should always seek legal counsel to ensure you are compensated for your injury and damages. Feel free to contact us for your FREE consultation or visit us online.

Continue reading "Dump Truck accident at Miami Heat game" »

As usual catching up with the morning news saw this report on the WSVN 7 channel, that I had to write about. This accident occurred in Miami yesterday, a FedEx delivery truck collided with a Miami-Dade Transit bus.

Multiple people suffered injuries after a Miami-Dade Transit bus and FedEx truck collided, Tuesday.

The injured were transported to Jackson Memorial Hospital, University of Miami's Doctors Hospital, South Miami Hospital and Mount Sinai Medical Center.

As the article above stated all the injured were transported to the local hospitals for additional care and observation, also there was a passenger on the bus that was already in a wheel chair and I also saw a man on a stretcher with crutches which can only mean he was already injured before this accident. As an experienced Attorney in automobile accidents I would advise these passengers to seek legal counsel, provide them with all the information relevant to their injuries and as much information on the accident. Passengers on the bus should get a copy of the accident report from the police, and lastly and most important copies of all medical bills and pictures of injuries that they sustained should be submitted to their legal counsel.

Should you or a loved one find yourself a victim of this type of automobile accident injury please contact and experienced automobile accident injury attorney who will ensure that you receive the proper compensation that you deserve. Contact us online or via telephone 954 431 8100 or 305 624 9186 for your FREE consultation.

Continue reading "Bus collision in the news" »

In the local Weston newspapers I found an article about a student of a Weston Elementary school that received serious injuries from a hit and run accident. The article stated that the student apparently ran out of the school yard through a gate that was open an unattended before his morning line up.

The report stated that the student ran into the street and was hit by a car. The driver of the vehicle that hit the kid did not stop but witnesses were able to provide the police the tag # of the car that was involved. Paramedics and police were called out to the scene of the accident, he sustained injuries serious enough to be hospitalized. He suffered a broken leg and internal injuries he was hospitalized for a week.

His parents sought legal counsel from a Fort Lauderdale attorney who is experienced in this type of accident injury, but then again who would be the responsible party. They provided their attorney records of the injury and all medical bills that their son sustained along with pictures of his injury and the immediate area at the school where the gate is located. As I stated earlier there are schools and neighborhoods being built all over Broward County and drivers have to practice their due diligence when driving on the streets and highways, especially through school zones.

Whether you have personally been injured or harmed in a pedestrian accident or whether you are the relative of someone killed as the result of a pedestrian accident caused by a negligent driver, you should seek legal assistance as soon as possible. A qualified and experienced lawyer in this field can work to get compensation for harm, injuries, distress, medical costs, loss of earnings, and any other damages or expenses that result from the pedestrian accident. Contact us online or at 954 431 8100 or 305 624 9186 for your FREE consultation.

Another article that made the news was story on personal injury due to road debris; the news report stated that a couple travelling on the Florida interstate was seriously injured by a piece of debris.

“According to the report on the couple was travelling southbound on the Interstate 95 when the accident occurred. Ms. Jones who was driving at the time recalls that by the time she realized that they were going to be hit it was too late to swerve to avoid the flying debris and Raymond was struck in the face. She stated that she never thought it would have been such a huge piece of metal. Raymond was struck in the face damaging his throat and mouth causing him to bleed and drift in and out of consciousness. Mr. Sewell was treated at the hospital and later released; he received stitches to the mouth and will also require dental work as the impact of the metal object caused several of his front teeth to get knocked out.”

Question anyone in this situation would ask is “Can I seek compensation for the injuries and medical bills that I have incurred? And if the answer to that first question was YES then who do I file the claim against and how do I proceed?” As an attorney practicing personal injury law in Fort Lauderdale, we have represented victims of these types of injury and been successful.

One can only assume that this couple sought legal counsel and filed claim against city or state that would have been responsible for maintenance of the Interstate where they were injured. Proper record of all his injuries would be most beneficial when filing the claim, a copy of the accident report from the police, and seeing that he would have required dental work, all his dental bills would also be necessary to file claim and be properly compensated for all his damages etc.

Everyday we are on the roads of South Florida and this type of accident can happen at any time, should you or a loved one find yourself in a similar situation always seek legal counsel to ensure you are properly compensated. Contact us online or at 954 431 8100 or 305 624 9186 for your FREE consultation.

Another blog that was an interesting read was on an accident that involved a bus and a distracted driver of a delivery truck which took place in Sunrise.

The police report stated that the driver of the delivery truck was not paying attention and hit the Broward Transit bus from behind when it stopped to pickup/ drop off passengers. This accident occurred at the corner of Sunrise Blvd and NW 56th Avenue, in Lauderhill.

After investigations by the Police/ the Broward Transit authorities and the company that owns the delivery truck it was evident that the driver of the deliver truck was at fault. Although as I stated in the blog that this could have gone against the driver of the bus which would have then made Broward Transit Authority liable for all the damages of the passengers that received injury.

But, as I stated earlier the driver of the delivery truck was found to be negligent therefore making him and his employer liable for the injuries and damages of the passengers who was on board the bus at the time of the accident.

Injured victims in such cases can seek compensation for all medical expenses, loss of wages, and cost of hospitalization, rehabilitation and other related damages. The best personal injury law firms will always offer a free consultation and comprehensive case evaluation to injured victims and their families.

Should you or a loved one be a victim of accident injury you should consult an experienced attorney. Contact us online or at 954 431 8100 or 305 624 9186 for your FREE consultation.

Driving under the influence of alcohol and/or drugs is illegal in South Florida a 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 civilly liable for the accidents and damages they cause.

In one of my older blogs I wrote about a couple that was seriously injured in Fort Lauderdale whilst driving on the I-95. Reports stated that the couple was heading south on the Interstate 95 when they collided with a driver heading north in the southbound lane. Police stated that the accident took place just south of the Sunrise Boulevard ramp. Investigations revealed that the driver of the Honda Civic was driving under the influence of alcohol and apparently got disorientated and somehow entered the I-95 heading in the wrong direction and collided with the oncoming SUV the couple was driving. Charges were made against the driver of the Civic.

The occupants of the SUV sought legal counsel from an experienced Fort Lauderdale Accident Attorney and were able to file suit against the drunk driver and received compensation for the damages and medical expenses they incurred.

Should you or a loved one be a victim of accident injury you should consult an experienced attorney to ensure that you receive the compensation you deserve. Contact us online or at 954 431 8100 or 305 624 9186 for your FREE consultation.

In recent news, a woman woke up to a crashing sound in her living room. What should you do when you find a automobile has invaded your home? Call the police, news or call a tow truck? These are reasonable thoughts that can run through your mind. Fortunately, for the homeowner, the car owner was still there with a passenger inadvertently pinned in the car and could not flee the scene, so she called the police. Although the home owner was unharmed, the couple inside the vehicle quickly claimed the driver lost control of the car due to bad weather.

The police report stated that they were going too fast for conditions and the driver was intoxicated. The driver is liable for the damages and responsible for his actions. Now the home owner has to deal with repairs to her home and deal with going to court to testify about the events she did not even expect. The process can be a long one and as such, the home owner has a right to sue the driver for causing personal injury, the damages to her home, furnishings and for any complications stemming from this incident. If she works, this also means she may have to take time off of work, being that courts are usually open for daytime operations. She may also need to get therapeutic help for the mental and/or the emotional affect of this stressful traumatic experience, incurring excessive medical bills that can add up to hundreds. The fact is that the culprit of the harm caused should be held liable for their negligence. Whether you live in Pompano, Miami Beach or Pembroke Pines, you should know your rights to pursue recovery.

In a situation like this one you should consult an attorney that can help determine your rights to file a claim and what are the typical items that can be recovered. Call our office and consult an experienced injury attorney.

Following up on my previous blog Personal Injury Attorney’s will always advise to follow the following steps should you be involved in an accident causing personal injury:

1. Proper Medical Treatment & Documentation - Documentation of all injuries is very important; take photographs and videos of all injuries sustained and medical care received including therapy of as you will need to provide all your medical records to your personal injury attorney to support your personal injury claim.
2. Witnesses - Personal injury attorneys advise that it is important to obtain the names and contact information for all witnesses and potential witnesses. Record all physical evidence including all vehicles involved in the accident with your camera in your phone, or ask witnesses if they have a camera if you are unable.
3. Photographs of Scene and Vehicles - Photographs and videos of the physical evidence and all motor vehicles involved should be taken immediately in their after-impact position. Photograph the scene of the accident and the surrounding area, specifically where the accident occurred.
4. Diagram Accident Scene - The investigating police officer will prepare a diagram as part of the report that will include the location of all motor vehicles involved and their final positions after the accident. Request a copy of the police report including the accident scene diagram and submit to your personal injury attorney.

Whether you have been injured in Plantation; Sunrise; Pembroke Pines, Davie; Ft. Lauderdale or Miramar hiring of an experienced Personal Injury Attorney is advised to ensure you receive proper compensation for damages.

Should you or a loved one find yourself a victim of personal injury you should contact an experienced personal injury attorney. Feel free to contact us at 954 431 8100 or 305 614 9186 to set up a FREE consultation to discuss your legal options or visit our website at www.florida-attorney.org

I cannot emphasize how important it is to follow the steps that I have listed below and throughout my previous blogs. Once you have followed these steps you should always seek legal counsel from an experienced Personal Injury Attorney to represent you and file your claim. Although some victims will tell you that at the time of the accident they were nervous and upset and being an experienced Fort Lauderdale attorney we have noticed that is when victims make costly mistakes.

With the holiday season already started and the roadways being extremely busy with partygoers and shoppers, distractions for these roadway users are abundant. Here are some steps that you should follow which will assist you, should you find yourself a victim of personal injury:

1. Call 911 immediately;
2. Keep calm;
3. Report accident to your insurance broker or agent immediately.
4. Note the date and time of the accident. Write down the location. Draw a diagram, if possible.
5. Write down the name, address and the insurance company of the owner of the other vehicle involved, whether or not the driver is the owner of the vehicle;
6. Give only your name, address, license number, license plate number, name of registered owner of the car and your insurance company.
7. Be sure to write down the names, addresses, and phone numbers eyewitnesses who saw the accident, but were not involved in it.
8. Take photographs of the scene of the accident and damages to all vehicles involved in the accident;
9. Don’t discuss the accident with anyone or blame anyone, including you; only give the particulars pertaining to the accident to the attending Officer, DO NOT ACCEPT RESPONSIBILITY.
10. Obtain a copy of the Police Report for your record and future use should the need arise; and keep records of all your injuries including rehab and medical bills.

Feel free to contact us at 954 431 8100 or 305 614 9186 to set up a FREE consultation to discuss your legal options.

Just being on the road can be considered hazardous to your health, as daily we see in the news and on the television reports involving pedestrians, motorcyclist and motor vehicle drivers involved in different types of accidents.

In one of my earlier blogs I wrote about a cyclist who received serious injuries when he was thrown from his bike as he rode into a “pothole” that was in the bicycle lane and was thrown from his bike. He received serious injury and had to be hospitalized. Mr. Schwatts’s family followed all the steps necessary to follow when you are involved in an accident from first calling 911, to proper recording of his injuries with photographs of his injury and the scene of the accident. He also kept record of all his medical bills and made a timeline from the beginning when he was injured and all of his recovery stages. He also took pictures and kept dates as to how long the city took to repair the “potholes” in the lane.

With the information that Mr. Schwatts had kept, by the time he contacted our office he was already ahead of the game, as he presented us with all the information pertinent to his case. Our office also did our own investigation and added more information to assist in preparing a solid claim against the city. Some cities have had claims filed against them where the Plaintiffs have been successful, making it easier for injured victims to be compensated for personal injuries caused by various types of road hazards.

Should you or a loved one find yourself in a situation similar to this always seek legal counsel from an experienced Fort Lauderdale Personal Injury attorney. Your attorney will use all the information that you would have provided their office to file your claim, against an office of the state, or a municipality office. These claims sometimes are complex, therefore to ensure that you receive proper compensation, victims of road hazards should consult with an attorney who has had experience filing these types of personal injury claims. Feel free to contact us at 954 431 8100 or 305 614 9186 to set up a FREE consultation to discuss your legal options.

Recently in the news I have been seeing police car chases, where the end result is the perpetrator is caught and luckily for the drivers on the road no serious accidents involving innocent victims. But what would be the worst case scenario should a driver be injured in one of these police chases.

Recently there was a chase that began in Miami, with the suspect heading north on the I-95, where he exited somewhere in North Miami where the chase ensued through a busy neighborhood he ran traffic lights, four way stops all the time narrowly missing unassuming drivers on the road who was totally unaware of the danger that they may have just narrowly missed. The suspect eventually abandoned his vehicle and continued on foot running into an apartment where he was eventually held by the police.

For arguments sake let’s say that a driver gets caught up in the chase and injured, with injuries serious enough for the driver to be hospitalized. What would be the liability issues, who would be responsible for the driver’s damages etc. As we have seen in some states a “vehicle pursuit policy” has been adopted by Police departments which allows the agency not to be held responsible or liable. The policy covers the following:- any civil damages for personal injury to; death of any person or damage to property resulting from the accident of a vehicle being operated by an actual or suspected violator of the law who is being, has been, or believes he of she is being or has been pursued in a motor vehicle by a peace officer employed by the public entity.

As a Fort Lauderdale Attorney practicing Personal and Accident Injury law in Broward and Miami-Dade County for more than 10 years, we always advise first and foremost after calling 911 and seeking medical attention if required you should seek legal advice or counsel from and experienced attorney should you decide to file claim. Should you or a loved one find yourself in need of an experienced Accident Injury attorney, we have offices located in Fort Lauderdale, and throughout Miami-Dade, Broward and West Palm Beach. Contact us at 954 431 8100 or 305 614 9186 to set up a FREE consultation to discuss your legal options.

Another interesting story I wrote was injury to 13 people on a tour bus in the Florida Keys.

The report stated that the injury collision occurred on US 1 when the tour bus veered off the roadway. There were 50 people on board the bus including the driver, the police accident report stated that 13 people had to be transported to local hospitals for minor injuries. Officials say the bus was exiting the freeway when it went out of control and crashed. Some of the questions asked was what caused the driver to lose control was there a auto defect or a mechanical malfunction in the bus that could have caused this accident. Maybe it was driver error that played a part was he travelling at an unsafe rare of speed, was he tired, impaired or inattentive at the time he was exiting the freeway. Investigations were made and they still are investigating as this case has not been closed.

Some liability issues to be considered are:

Bus companies - whether they are public or private carriers - owe their passengers the utmost duty of care. This means that bus companies are responsible for the safe transit of their passengers. If this accident was caused by driver error or inadequate vehicle maintenance, then, the bus company can be held liable for the resulting injuries and damages. If the accident was caused by an auto defect, the bus manufacturer or the maker of the defective auto part can be held liable. Compensation: Injured victims in such cases can seek compensation for all medical expenses, loss of wages, and cost of hospitalization, rehabilitation and other related damages. The best personal injury law firms will always offer a free consultation and comprehensive case evaluation to injured victims and their families.

Should you or a loved one be a victim of accident injury you should consult an experienced attorney to ensure that you receive the compensation you deserve. Contact us online or at 954 431 8100 or 305 624 9186 for your FREE consultation.

What a caption for this blog. "The Snowbirds are here" means that the roads are full more than normal with elderly out of state drivers and I mean out of state. On the road daily you see an array of license tags from Canada to upstate US, as they have headed south for the winter, to soak up some of the Florida sunshine. With that comes the driving, some of the complaints I have heard: driving slow in the "fast lane"; unexpected stops and turns without properly notifying by indication; reversing from parking spots without ensuring that it is safe to do so, and the list can go on.

Personal injury caused by a motor vehicle accident or collision is one of the most unfortunate situations you may find yourself in. Whether you were in a rear-end collision or any type of collision you would have received damages and injuries caused by these collisions some may be serious and/ or permanent. From neck and back injuries to broken bones, and in the most unfortunate situations injuries which may cause brain damage or paralysis, damages from any motor vehicle collision can and may alter your life. Daily we get calls from victims of these types of injuries as they are unsure what their legal rights are and if they do have. First and foremost call 911 to report the accident, then seek immediate medical attention for any injury you may have received as this step is a crucial part of your personal injury case against another driver who is responsible for your injuries, and last but most important keep all records of your injuries, accident reports and pictures of the scene of the accidents.

Be sure to call a Fort Lauderdale Personal Injury Attorney to handle your case. We have offices located in Fort Lauderdale and we have successfully represented injured individuals throughout the cities of Broward County such as Sunrise, Plantation, Davie, Cooper City, Miramar, Pembroke Pines, Coral Springs, Weston, Tamarac and Margate. Contact us at 954 431 8100 or 305 614 9186 to set up a FREE consultation to discuss your legal options.

Protecting the rights of victims of injury due to the recklessness of drivers on the roads of South Florida, car and motor cycle accident victims should remember the following people are upset and when upset make costly mistakes. Representing drivers and bikers who wish to file claim due to an accident injury in Sunrise, Fort Lauderdale, Cooper City, Davie and Plantation we advise you take heed of the points below.

Here is what you should do:
1. ALWAYS keep calm, and do not let the emotions get the better of you remain calm at all times;
2. Report the crash immediately to the police department; and if there is injury call an ambulance for the injured party;
3. Take contact information including driver’s license, telephone contact and the insurance company of the owner of the other vehicle/s involved in the accident;
4. If it’s a company vehicle take down the name, address, operator’s license number, driver license and the phone number of the driver of the company vehicle.
5. Give only your name, address, license number, license plate number, name of registered owner of the car and your insurance company.
6. Don’t not accept responsibility or blame anyone for the accident.
7. Call your Insurance Company and report accident to your broker or agent immediately.
8. Make a note of the date and time of the accident, write down the location. Draw a diagram, if possible.
9. Cell phones come equipped with cameras, take pictures of the of your bike and the other vehicles involved, do not only focus on the area damaged take pictures of the entire vehicle
10. Be sure to take pictures of the area surrounding the accident scene immediately after the accident. Pictures of the terrain, the road or any other amenities that could have been a factor or played a part in the accident;
11. Witnesses – make sure to write down all the contact information of the people who were witness to the accident but not involved in it.

Should you or a family member be the victim of a car or motor cycle accident injury, you should contact an experienced Fort Lauderdale Attorney should you have questions after the accident and to ensure you know your rights and are properly compensated. Contact us online or call us at 954 431 8100 or 305 624 9186 to set up a FREE consultation to discuss your legal options.

Recently whilst doing research on motor cycle safety for my blog I stumbled upon an article “Mandatory motorcycle safety training in two more states” on the website Clutch and Chrome. It states that motorcycle training has become mandatory for future riders in Connecticut and California before riders can take tests and licenses issued. Following Rhode Island and Florida that require riders to complete a safety course to get their license, this mandate was introduced in 2008.
In Connecticut the law took effect as of January 1st 2011 and was driven by the mother of a 19 year old boy that was killed in a accident when he collided with a minivan, although he was wearing a helmet he had not taken a safety education class. In the article she stated that she believes her son might be alive today if he had take a course for novice riders, which the prior to the mandate of January 1 2011 only applied to motor cycle applicants under the age of 18. The new requirement does not apply to Connecticut riders who already have a motorcycle endorsement or those who are moving from another state with a motorcycle endorsement.

DMV Commissioner states that this new requirement will ensure that all riders have proper training and safety education before acquiring a license to operate a motor cycle; he also went on to say that this law is all about making riders and their passenger’s safety.

The other state that has this similar legislation is California. The state mandate requires residents of California younger than 21 to complete a motor cycle safety course before they will be issued an instruction permit that will allow them to practice riding a motor cycle. The permit must be held for six months before the rider will receive his/her license.

This law also came about from a motorcycle tragedy; according the article three years ago 18 year old Jarred Cole was getting driving lessons from his dad Evan Cole who is an experienced rider in front of their home. He had passed the DMV written exam allowing him to get his learner’s permit. His dad was giving him his first lesson and he stepped into the garage to get some practice cones when he heard the motorcycle engine revving followed by an ominous thud as stated by Clutch and Chrome. Jarred died from a severed artery, doctors stated he could not be save him even if he lived across from the hospital. This tragedy got Jarred’s younger brother and his friend to launch a drive in their High School “Change State Law”.

As an experienced motor cycle attorney practicing in the cities of Fort Lauderdale, Sunrise, Margate, Coral Springs, Pembroke Pines, Miramar, Davie and Cooper City we always advise that once you have received personal injury stemming from a motor cycle accident you should seek legal counsel to ensure you are compensated for your damages and injuries received. Contact us online or call us at 954 431 8100 or 305 624 9186 to set up a FREE consultation to discuss your legal options.

In Fort Lauderdale, Sunrise, Plantation, Weston and many other cities across Broward County kids and teens can be seen maneuvering their skateboards in all the plazas in these cities. We have found that in many cases, a skateboarding accident normally results from someone else's negligence.

Skateboarders are often invisible to distracted, inattentive drivers of cars, SUVs, vans, and trucks. Even if these kids follow the rules and practice their own safety tips whilst skateboarding, they can still be hit by negligent drivers. Hospital emergency rooms state that approximately 26,000 persons are injured yearly. Most of these skateboard injuries can stem from sprains, fractures, contusions and abrasions; these are some of the most common types of injuries.

Some of the factors that can be taken into consideration and that can add to the reasons for some of these accidents besides driver negligence, are the rider may not be wearing the proper protective equipment, poor board maintenance and irregular riding surfaces.

Our office has also seen that these injuries happen mainly to the following:
• Almost every 6 out of 10 kids under the age of 15 are more susceptible to injuries due to lack of experience on their board;
• Skaters with a year or more of experience have the next highest number of injuries as they are the ‘risk ‘ takers - willing to try more tricks on their boards;
• Experienced skaters mainly suffer injuries when they fall after they strike rocks and other irregularities in the riding surface or when they attempt difficult stunts.
• Riding surfaces that are uneven such as surfaces that have holes bumps rocks and other debris account for over half of the skating injuries leading to falls. Before riding, skaters should screen the area where they will be riding by checking for holes, bumps, rocks and any debris.
• Skating in the street can result in collisions with cars causing serious injury and even death.

South Florida known as the “Sunshine State” is home of these skateboarders, hence the reason why there has been a rise in injuries mainly from driver negligence. Should you or a loved one be the victim of personal injury due to driver negligence whilst riding their skateboard you should seek legal counsel for your minor to ensure that you are compensated for damages and medical bills should you decide to file claim. Contact us online or call us at 954 431 8100 or 305 624 9186 to set up a FREE consultation to discuss your legal options.

Seeing that I touched on Street/drag racing in a previous blog, I decided to blog a bit more about the seriousness of this illegal sport. Florida Highway Patrol and other law enforcement agencies have been clamping down on these illegal races, by conducting stings on U.S. 27 and Krome Avenue between Miami and Broward Counties. One night during summer troopers arrested approximately 47 juveniles, 21 adults, and 129 spectators lining the road. Law enforcement agencies involved noted that with the success of that sting others will follow.

Politicians in Miami and Broward have stated they want stiffer penalties for these racers and spectators, as the only way to stop the racing is to go after not only the racers but the crowd that watches and encourages this illegal activity. Because of this type of recklessness driving on the streets of Miami and Broward County, other users of the roadways are put in harm's way. We have seen in the news, reports of accidents caused by these drivers injuring innocent drivers sometimes even ending tragically for both the drivers and racers who are normally teenagers. For example a street-racing crash on the Rickenbacker Causeway in Miami-Dade County sent two children, ages 2 and 3, and four adults to the hospital. This accident occurred when a Porsche and a BMW were drag racing and one of the cars crashed into a SUV with a family of 5 on board. Paramedics were called to the scene and the driver of the BMW and all the occupants of the SUV were taken to the hospital, luckily there were no life threatening injuries. Police reports states that the racers were travelling in excess of 100 miles per hour.

As an experienced auto accident attorney practicing in Miami and Broward County I have represented victims of these types of auto accidents and I always advise you to seek legal counsel should you decide to file claim to ensure you receive proper compensation for your damages, medical bills and loss of wages.

Should you or a loved one be the victim of an automobile accident stemming from these illegal car races, CONTACT US online or call at 954 431 8100 or 305 624 9186 to set up a FREE consultation to see legal counsel.

Seeing that I touched on Street/drag racing in a previous blog, I decided to blog a bit more about the seriousness of this illegal sport. Florida Highway Patrol and other law enforcement agencies have been clamping down on these illegal races, by conducting stings on U.S. 27 and Krome Avenue between Miami and Broward Counties. One night during summer troopers arrested approximately 47 juveniles, 21 adults, and 129 spectators lining the road. Law enforcement agencies involved noted that with the success of that sting others will follow.

Politicians in Miami and Broward have stated they want stiffer penalties for these racers and spectators, as the only way to stop the racing is to go after not only the racers but the crowd that watches and encourages this illegal activity. Because of this type of recklessness driving on the streets of Miami and Broward County, other users of the roadways are put in harm's way. We have seen in the news, reports of accidents caused by these drivers injuring innocent drivers sometimes even ending tragically for both the drivers and racers who are normally teenagers. For example a street-racing crash on the Rickenbacker Causeway in Miami-Dade County sent two children, ages 2 and 3, and four adults to the hospital. This accident occurred when a Porsche and a BMW were drag racing and one of the cars crashed into a SUV with a family of 5 on board. Paramedics were called to the scene and the driver of the BMW and all the occupants of the SUV were taken to the hospital, luckily there were no life threatening injuries. Police reports states that the racers were travelling in excess of 100 miles per hour.

As an experienced auto accident attorney practicing in Miami and Broward County I have represented victims of these types of auto accidents and I always advise you to seek legal counsel should you decide to file claim to ensure you receive proper compensation for your damages, medical bills and loss of wages.

Should you or a loved one be the victim of an automobile accident stemming from these illegal car races, CONTACT US online or call at 954 431 8100 or 305 624 9186 to set up a FREE consultation to see legal counsel.

Daily on the road across South Florida we see debris whether it been pieces of rubber to sometimes even larger items that can cause serious injury to drivers on the road. We have had victims of these types of accidents contact our office seeking legal counsel. Victims of these types of injuries sometimes don't realize that they can file a claim as they are uncertain of exactly who is responsible.

A couple years ago a father and daughter was travelling south on the I-95 between Oakland Park Boulevard and Sunrise Boulevard when a piece of metal pipe flew thru the front windscreen of their car stabbing his daughter in the shoulder. She was rushed to Broward General where doctors removed the metal pipe. In a case like this the victim's family should immediately seek legal counsel to know their legal rights.

Being an attorney practicing personal injury law in Fort Lauderdale, I would recommend to the family to retain all medical bills that his daughter had incurred due to her injury to support her claim along with the accident report from the police. Their retained attorney will review the documents that they have provided and advise whether they are able to file a claim and exactly who they should be filing the claim against.

Should you or a loved one find yourself in a similar situation always seek legal counsel to ensure you are properly compensated. Contact us online or call us at 954 431 8100 or 305 624 9186 to set up a FREE consultation to discuss your legal options.

Many accidents occur due to a driver being under the influence of drugs or alcohol but what about the driver being too drowsy 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 their vision.

City Commissions in Margate, Plantation, Sunrise, Davie, Pompano Beach and the Broward County Commission have started a public awareness campaign is designed to educate the public of the dangers of driving while drowsy. Experts suggest we need 7 to 9 hours of restful sleep to maintain alertness during the day. Work schedules can be hectic. Shift workers are often affected as their schedules don't always coincide with getting the kids off to school. Working nights often affects your internal body clock; make a point of taking a nap if you know you will be on the road.

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. Do the same on your return trip to avoid exhaustion or fatigue as you return to your regular routine.

Whether your or a loved one has been the victim of injury, always seek counsel from an experienced Personal Injury Attorney to ensure that your rights as the victim are protected and that you receive the proper compensation. Contact us at 954 431 8100 or 305 614 9186 to set up a FREE consultation to discuss your legal options.

Good advice would be once you, a friend or a family member or members have been involved in any type of car accident and they have received injures, even if the injuries are not serious enough for you to be admitted to a hospital, it is always important to see legal counsel from an experienced auto injury attorney. It is imperative that you find the most qualified car accident injury attorney in your area. Whether you reside in Sunrise, Plantation, Coral Springs or Miramar always seek the most experienced attorney to work with you. Having an experienced attorney representing you or your loved one will ensure you receive the compensation for damages you have suffered, as you deserve to be compensated for the injuries that you have suffered stemming from a car incident.

As we all know or some of us may have even experienced, car accidents can be very upsetting and even painful. But depending on the injuries you may have sustained, once you have retained the services of an attorney experienced in auto injury he/she will ensure that you are properly compensated for your medical expenses that you may have incurred, loss of wages and rehab as medical bills can be costly and can pile up pretty quickly.

This blog I will keep short and as I stated at the beginning it is always good advice or practice once you have been injured in any type of car accident, after the initial stages it is very important to retain an experienced auto injury attorney as soon as you can as they will need time to prepare your case to ensure you receive the compensation that you rightly deserve. Whether your or a loved one has been the victim of car accident injury, always seek counsel from an experienced Automobile Injury Attorney to ensure that your rights as the victim are protected and that you receive the proper compensation. Contact us at 954 431 8100 or 305 614 9186 to set up a FREE consultation to discuss your legal options.

When you say South Florida you think "Sun-Sea-Sand" and obviously the numerous bars that cover the coastline from South beach to West Palm. As an Attorney practicing in South Florida we have come across numerous car accident and personal injury cases where our clients are the victims of drunk drivers. Driving under the influence as we all know can cause serious harm to yourself and anyone else on the road.

I recently visited MADD’s website whilst I was researching Drunk Driving for my blogs and found lots of information pertaining to the new campaign, which I will be covering in my upcoming blogs. Statistics don’t lie and Florida in 2009 had 2,558 road fatalities due to drunk drivers we were rated 3 in the United States with California at the top with 3,081.

As stated on their website local law enforcement will be extremely visible on the roads in order to catch drunk drivers, it will also discourage intoxicated drivers from getting behind the wheel drunk and causing personal injury to other drivers on the roadways. Ignition Interlocking Devices or breathalyzers installed the car is another step that MADD and the Government which I will cover in my following blog, and lastly using today’s technology along with the car industry to assist in protecting the driver by failing to operate if the driver if found to be impaired, I will also cover in another blog.

The three components that are listed above I will cover more in my future blogs. Should you receive injury due to a drunk driver contact your South Florida Personal Injury attorney to seek legal counsel. Cohn, Smith & Cohn can help please contact us 954-431-8100 or 305-624-9186 to set up a free consultation with our dedicated attorneys who will go over your case with you and explain your legal rights and options. We have more than three decades of experience helping people who’ve been seriously injured on Florida roads due to drunk drivers.

Choosing the right attorney to represent you is always an issue, as there all those advertisements out daily on the radio and television, encouraging you to choose them. As an experienced Fort Lauderdale accident attorney I've represented victims of all types of accidents from bicycle to motor cyclist to motor vehicle and truck and sometimes just because the attorney tells you they can handle your case it does not mean that they have the knowledge and experience to do so.

Take for instance truck accidents, these types of cases are significantly different than the average motor vehicle accident case. For starters, there are usually several parties involved other than the driver. From the corporate entities that own the tractor/truck portion of the rig and the trailer portion. There may also be lease agreements between parties that may determine who is the responsible party, and what insurance is primary. Safety inspections by state and federal regulatory authorities along with licensing requirements specific for truck/tractor trailers are all required for commercial drivers, as these trucks sometimes carry hazardous or heavy materials daily on the roadways, should they not be maintained properly. They must undergo regular inspections from these regulatory authorities and their own company's due diligence inspections. Therefore it is extremely important to hire an attorney who is experienced and knowledgeable to know where to locate this information and be able to use it when representing you when filing your claim.

Some questions you should ask your attorney before retaining him for your case: how many truck accident injury cases they have handled, have they ever gone to trial, and the results. Once you have sat with your prospective attorney and discussed your case with him you should be able to determine whether he has the knowledge and experience necessary to ensure you get the best result. All this information considered, should you or a loved one be a victim of a truck accident you should always seek legal counsel from an experienced truck accident attorney to ensure that you receive the proper compensation for your damages.

Cohn, Smith & Cohn can help. At a free consultation, our dedicated attorneys can go over your case with you and explain your legal rights and options. We have more than three decades of experience helping people who’ve been seriously injured on Florida roads, including those with very serious injuries. We know all of the common tricks insurance companies use to avoid paying what they owe, and we will use that knowledge to cut through the tricks to get you the best possible compensation for your injuries. Contact us at 954-431-8100 or 305-624-9186 to set up a free consultation.

South Florida is considered a growing state and Broward County’s population is growing by leaps and bounds. As you will see across the county there are neighborhoods being built in and around the county, and with these new neighborhoods being built there is the need for schools for the families that will be residing in these neighborhoods.

Recently out in Weston an elementary school student received serious injuries from a hit and run accident. The student apparently ran out of the school yard through an unattended gate right into the street just before his morning line up. Paramedics and police was called out to the scene of the hit and run, he sustained injuries serious enough to be hospitalized. He suffered a broken leg and internal injuries he was hospitalized for a week.

His parents sought legal counsel from a Fort Lauderdale attorney who is experienced in this type of accident injury. They were able to provide the attorney record of the injuries that their son sustained, pictures of the injury and pictures of the immediate area where the hit and run accident occurred. They also provided all the medical bills for the injuries that their son sustained. As I stated earlier there are schools and neighborhoods being built all over Broward County and drivers have to practice their due diligence when driving on the streets and highways, especially through school zones.

Whether you have personally been injured or harmed in a pedestrian accident or whether you are the relative of someone killed as the result of a pedestrian accident caused by a negligent driver, you should seek legal assistance as soon as possible. A qualified and experienced lawyer in this field can work to get compensation for harm, injuries, distress, medical costs, loss of earnings, and any other damages or expenses that result from the pedestrian accident.

Contact Cohn, Smith & Cohn today for a free evaluation of your case. We have more than 35 years of experience successfully pursuing personal injury lawsuits in the State of Florida, and we are dedicated to getting you the fullest possible compensation for your injuries. At a free consultation, our dedicated attorneys will discuss all of your rights and options with you, to help you determine your best course of action. Because there's no further obligation to you, there's no harm in speaking to us. Contact us online or call us at 954-431-8100 or 305-624-9186 to set up a FREE consultation to discuss your legal options.

Police departments across Broward County announced in Fort Lauderdale its new Countywide Anti-Texting Campaign. The Program is designed to warn drivers about the dangers of texting and driving. The various police departments all pointed out that texting while driving has lead to many serious automobile and truck accidents in the South Florida. According to the Fort Lauderdale Police department, one of their recent studies found that texting while driving increased a driver's chances of being involved in a car wreck by more than 23 times.

Florida statistics show that cell phone usage contributed to more than 1,780 traffic car crashes in the State of Florida in the year 2009 alone. These motor vehicle accidents have caused serious injuries and death. As stated by the various Broward County Police departments, distracted drivers cause many of the traffic accidents in South Florida every year. Of these accidents, cell phone use is the number one distraction.

Fort Lauderdale auto accident attorney’s knows, car accidents involving drivers who are texting, talking on the cell phone or otherwise distracted happen too often. We have had a number of cases where the defendant driver is suspected of being on the cell phone at that time he or she caused a car accident. In those cases, your accident attorney will frequently ask the defendant to identify his or her cell phone provider, so that he/she can subpoena the cell phone provider's records to try to determine whether the defendant was using a cell phone around the time of the car accident. In some cases, cell phone usage may merit that your personal injury attorney include a count for punitive damages in their lawsuit for personal injuries. In effect, Fort Lauderdale injury Attorney’s are asking the court or jury in Broward to award punitive damages to an injured person in order to, among other things, deter similar conduct in the future.

Always remember to contact an experienced South Florida Attorney should you find yourself a victim of a car accident.

Last Monday Dr. Yohan Jameson, a former surgeon, was driving his sports utility vehicle, at the intersection of State Road 7/ 441 and Pembroke Road where he ignored a red light and collided with a car causing serious injury to the driver and passenger, Mrs. Yates a school administrator and her 10-year-old daughter Melanie, from Pembroke Pines. Mrs. Yates and her daughter Melanie suffered injuries from the accident serious enough for them to be taken to the hospital for observation, Dr. Jameson suffered minor injuries and was released at the scene.

Reports taken from the scene of the accident stated that the physician was given a sobriety test as it was alleged that he was driving under the influence. After investigation by Mrs. Y’s attorney, it was revealed that the surgeon has three previous convictions for driving while under the influence of intoxicants. The police report also stated that he may have also ingested a combination of prescription drugs prior to the accident.

Mrs. Yates 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 from the injuries sustained from the accident.

Contact an experienced South Florida Personal Injury attorney who will advise you of your legal rights and ensure you receive proper compensation for your loss and damages you may have incurred.

Whether you are driving in your car or a passenger on a bus, you can be the victim of a vehicular accident at any time. In Broward County, drivers of all ages are on the road daily and everyone must practice safe driving at all times.

I recently read an article that was posted on a website where a Broward County Transit bus was involved in an accident with another vehicle. The bus was travelling on Oakland Park Boulevard when it was hit from behind, as it stopped to allow passengers on and off the bus. Reports state that the accident occurred in Fort Lauderdale. The bus was carrying 27 passengers at the time of the accident and because of the impact of the car made when it hit the bus, there were multiple injuries. Paramedics were called to the scene; eleven were rushed to a nearby hospital, three were admitted to the hospital for "serious" injuries. The remaining passengers were all released with minor injuries. Police Investigators state that it does not appear that woman who was driving the car that slammed into the back of the bus, applied her brakes to avoid hitting the bus.

Many of our clients have found themselves in this type of situation, where they received serious or minor injuries due to someone else’s negligence. As an experienced accident attorney practicing in Fort Lauderdale, I advise victims about their rights. Contacting an experienced accident attorney is an important part of your recovery.

An experienced attorney will be able to guide you and ensure you receive the proper compensation that you deserve for damages, loss of wages, and medical bills. Contact our office if you need legal advice due to an accident.

Spring break is over, now on to summer, and teens are out and about on Florida’s roadways and highways. I stumbled across an article about law enforcement agencies clamping down on street racing, and hopefully an eventual end to this sometimes deadly pastime.

U.S. 27 is the most popular drag strip in Broward County, as it’s an extremely long stretch of road that is dark and most times desolate. It is also the highway that tractor trailer drivers use regularly to travel through the State as it runs from Miami to Tampa. Effective October 1, 2010 the State Legislature revised the “Unlawful race” law to toughen penalties for repeat offenders. Street racing was already a first-degree misdemeanor, but now racers are fined at least $1,000 for a second violation and $2,000 to $5,000 for three or more. The Broward County’s Sheriff’s have also stepped up patrols on U.S. 27, which is the highway that is frequently used to race between Pembroke Pines and Southwest Ranches. It seems that this revision may have worked somewhat. Arresting Officers will tell you that these racers seem shocked when they are pulled over, handcuffed, they are also even more surprised to know that they are actually going to jail and their car is being impounded. Residents in the neighborhoods off U.S. 27 are the ones that inform the cops, as the noise from these “souped up” or customized cars and motorcycles can be intolerable.

Last year 3 teens were killed and four others injured, when a tractor trailer rear ended two vehicles. Florida Highway Patrol states that witnesses claimed the two cars were standing still alongside each other just after midnight; the tractor trailer driver did not see the cars until it was too late. The drivers of the two vehicles stated that they were not racing, but that they were having car problems. This accident is still under investigation. This type of illegal street racing attracts both driving enthusiasts and spectators but can prove to be a dangerous sport for all. For instance, you can be a spectator at one of these races and a driver may lose control of his vehicle and crash near or into the on looking spectators, or even an oncoming vehicle, causing injury to you or others in the crowd. What do you do in a situation like that? Would you be able to file claim? You should always contact an experienced attorney to seek legal counsel.

Should you be a victim of an accident contact us online or call at 954 431-8100 or 305 624-9186 to set up a FREE consultation.

Local law enforcement agencies in Coral Springs, Weston, Margate, Miramar, Pembroke Pines, Davie and Plantation have clamped down on drunk drivers, imposing harsher penalties for the crime, but while the incidences of drunk driving have decreased a bit, they are still too high.

One bad decision by getting behind the wheel while under the influence of alcohol may result in an accident that can maim, end an innocent person’s life, and even ruin a family. Sometimes the court will take into consideration a prior “clean” record when evaluating charges as well as the character of the driver before he/she is sentenced, the results of this evaluation may result in more lenient charges and sentence for the defendant.

Families who have suffered a loss or have had a member of their family injured at the hands of a drunk driver may find that they may have not received justice from the judicial system due the imposed low penalties based on a case with a lesser charge or sentence resolution. An injured person can claim compensation for a variety of damages: ie. medical expenses; physical pain and mental suffering; loss and or destruction of property and loss of wages. With all this considered punitive damages in a civil suit may be awarded as well against a drunk driver regardless of his record.

A wrongful death claim may be filed against a negligent motorist by the family members of a person who was killed by a drunk driver. I have also seen cases where an employer or a bar that served alcohol to a person who was already notably intoxicated, may be held legally responsible or liable for continuing to serve the inebriated person. Persons who engage in this type of driving should be held legally responsible for their actions.

You should contact an experienced attorney should you or a family member receive personal injury due to a drunk driver to ensure your know your rights and you receive proper compensation.

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.

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.

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.

Living in South Florida has its “good and bad” when it comes to the weather, luckily unlike the rest of the United States, South Florida does not have to deal with extremely bad winter storms. In South Florida, our equivalent of snow storms is our Hurricane season. We all know driving in the rain can be very dangerous.

For example, during rush hour on the rainy Friday morning in September, there were numerous accidents reported. At least four of those accidents resulted in injuries. Most of these accidents were caused because motorists who were driving too fast in the slick conditions. You should always seek advice from a personal injury attorney should you become a victim of a motor vehicle accident to ensure you receive proper compensation for injuries you may have sustained due to reckless and negligent driving of others.

Wet roads are particularly dangerous because water brings dirt and oil up to the surface of the pavement. The combination of oil, dirt, and water make the roads slick and tires have a harder time getting traction causing the effect of hydroplaning. The most effective way to ensure safety on wet roads is to drive slower. Slowing down allows more of your tire to grip the roadway and increases your traction. Avoiding sudden stopping and turning will also ensure you get the best traction possible. Hydroplaning is when your tires skid across the water surface on the road and this may cause you to lose control of your vehicle. If you or a loved one has been injured in an accident caused by someone driving negligently in wet conditions, contact an experienced personal injury attorney who will know your rights and get you proper compensation.

Sunrise Police recently reported that a vehicle containing two men, slid off of the roadway into a canal. The accident took place while the men were traveling north entering the Florida’s Turnpike from Sunrise Blvd on a Monday morning. Witnesses reported the car slid when it encountered loose gravel on the road from the recent road repairs in that area. The occupants, two men in their 20’s, were heading to work when the accident occurred, they were able to escape from the vehicle and swim to safety. Both received emergency care for minor injuries and their vehicle was recovered from the pond.

In South Florida, these types of auto accidents are common, and these men were very fortunate as exiting the vehicle is not always so easy in this type of accident. It is not a bad idea to contemplate such an event to ensure that you are able to escape if you find yourself in a vehicle that has been submerged in water. One approach is to buy and keep handy a tool that can be used to break your window quickly. Whether trapped after a car or truck accident, this tool can be used efficiently to break most windows to allow escape from the water.

Obviously, drivers have an obligation to travel at a safe speed for road conditions. As a Fort Lauderdale auto accident attorney, I should point out that victims of this type of vehicular accident may have a claim against the road repair company for any injuries and damages they may have suffered.

If you are the victim of an auto accident always seek advice from an experienced auto accident attorney to know your rights and to ensure you receive proper compensation for damages. Contact an attorney to help you today.

A local newspaper in Broward County, Florida recently published several user submitted stories focusing on the dangers of texting while driving an automobile. The commentaries included real life car accident scenarios involving automobile accidents in where one of the drivers was texting. In one case, a young teen driver was texting while driving her car and she veered off of the road while attempting to read a text and crashed head-on into a parked car.

One of the commentators cited a recent study by the Department of Transportation (DOT) that compiled statistics on the use of cell phones and texting while driving. According to the commentator, the DOT study found that the leading cause of distracted driver traffic crashes in South Florida, as well as across the country, was texting.

According to the study, 80% of car crashes involve driver distraction; and, texting is the number one thing that distracts motorists' attention. The study found that manual manipulation of phones, such as dialing and texting, led to a substantial increase in the risk of being involved in a car crash, truck crash or near crash event. An automobile driver dialing a cell phone was 2.8 times more likely to be involved in a car crash (or near crash) than a non-distracted driver.

These commentaries highlight what Ft. Lauderdale personal injury lawyers have known for some time, namely that distracted driving causes car accidents in Broward. Most accident attorneys in Broward have been aggressively focusing on distracted conduct like cell phone use and texting to prosecute negligence claims against distracted drivers, whose conduct causes injury or death. Most car accident lawyers will try to determine cause, through the discovery process, to find if the defendant driver was engaging in any type of distracted driving prior to a car accident.

Always contact an experienced Personal Injury Attorney and seek legal consultation should you be a victim of a car accident to know your rights.

What happens when you are the victim of a car accident stemming from a police chase?

The driver of a pick up truck committed a traffic violation and refused to stop or yield right of way, then Police Officers initiated pursuit that crossed through three cities in Broward County: via Pembroke Pines, Davie ending in Fort Lauderdale. The fleeing pickup truck driver broadsided a woman driving in her Lexus, travelling south on Andrews Avenue. Fortunately, the woman only suffered moderate injuries for which she was hospitalized. Now what should the driver of the Lexus do in this situation? Contact a South Florida personal injury attorney for advice, of course.

Here are some of the liability issues about police chase, in some states Police departments have adopted a “vehicle pursuit policy” where the agency may be immune from liability for civil damages, for personal injury, or death of any person or damage to property resulting from the accident of a vehicle being operated by an actual or suspected violator of the law, who is being, has been, or believes he/she is being or has been pursued in a motor vehicle by a peace officer employed by the public entity.

Continue reading "Accident Victim Involving A Police Chase" »

Ten people were injured in a bus accident in Sunrise, when a delivery truck collided with a Broward Transit bus heading east on Sunrise Blvd. Police reports stated that the delivery truck collided with the bus as the driver was not paying attention to the flow of the traffic. The delivery truck driver failed to realize the bus had stopped to pick up / drop off passengers, as he hit the bus from behind causing injuries to himself, the bus driver, and the ten passengers on board the bus.

In Florida “No-Fault” Law may prevent the prediction of who is at fault for any particular motor vehicle accident. The local governments in the city of Miami, Fort Lauderdale, and or Palm Beach, have encountered many cases in which fault for an accident has to be equally determined, in order to resolve and comply with “no-fault” Statues.

In this case, police reports stated that the delivery truck driver was at fault but this could have gone in another direction where the bus driver was found to be negligent. See the two scenarios below:

Continue reading "Truck v. Bus Accident " »

A young couple was injured in a car accident, heading north on University Drive crossing the intersection of Sheridan St, in Pembroke Pines. The other vehicle involved in the accident was attempting to make a left turn on to Sheridan Street to head east. Who is at fault? Miramar police came to the scene, and found there were only minor injuries but serious enough for the young couple to be taken to the hospital for observation.

In a situation like this, where there is uncertainty of who is exactly at fault, a copy of the police report should be obtained and kept to be provided to the personal injury attorney, that will represent you and ensure that you receive proper compensation for medical bills, damages to your vehicle, and any other losses you may have incurred due to your injury.

Continue reading "Who Is At Fault?" »

Personal injury caused by a motor vehicle accident or collision is one of the most unfortunate situations you may find yourself in. Whether you were in a rear-end collision, a T-bone accident, a roll over car crash or the victim of a hit and run, damages and injuries caused by these collisions may be serious and / or permanent. From neck and back injuries, broken bones, amputations, and in the most unfortunate situations injuries which may cause brain damage or paralysis, the damages from any motor vehicle collision can and may alter your life.

Some of these cases may also include un-insured or under-insured claims, where the person causing the accident may not have had insurance or not enough insurance to compensate you for your damages or inconveniences that you may incur. Please seek immediate medical attention for any injuries you may have received as this step is a crucial part of your personal injury case against another driver who is responsible for your injuries.

Continue reading "Understanding Motor Vehicle Accidents" »

Accidents with public transit are rare, in my experience as a Pembroke Pines auto accident lawyer. So I was very interested to see a report that two pedestrians, one a visitor to Florida, were injured Feb. 22 after a Sun Trolley bus pulled into their crosswalk. According to the South Florida Sun-Sentinel, the bus was attempting to go south on State Road A1A at its intersection with Northeast Ninth Street in Fort Lauderdale. The driver apparently failed to notice pedestrians Alan George Acheson, 68, of Toronto, and Arline Fitz Maurice, 74, of Port Charlotte. Fitz Maurice refused medical treatment at the scene, but Acheson suffered leg, chest and neck injuries that were treated at Broward General Hospital.

The Sun Trolley is the name for the bus system in Fort Lauderdale; it is not an actual trolley with tracks, but a bus. According to the article, bus driver Sharon Better Ann Midi, 45, was turning the bus into the crosswalk when she heard a thud on the right side. Witnesses said that was when the bus hit Acheson and Fitz Maurice. Acheson fell beneath the bus after the collision, but Fitz Maurice reportedly was only pushed sideways by the bus. Witnesses said they had a walk signal at the time. Midi told the police she had a green light and was driving at only 5 mph at the time. The police did not suspect her of drug or alcohol abuse, but she was taken off duty and sent for the drug and alcohol testing that is standard for Broward County Transit after any crash, a Sun Trolley spokesperson said.

As a Miramar car accident attorney, I was interested to see this because it’s not often that buses are involved in serious crashes. Like all commercial drivers, bus drivers get into far fewer accidents than private drivers, in part because they’re at work and on their best behavior. But drivers can and do make mistakes, and judging from the citation, the police seem to believe that this driver made one when she entered the crosswalk. Even if she faces no further criminal penalties, the victims of this wreck and their loved ones will still be able to hold her legally accountable with a lawsuit. That would allow them to collect damages for the hospital bills — which may be an unpleasant surprise to Acheson, a Canadian — as well as any permanent injuries they sustained.

Continue reading "Trolley Driver Cited for Failing to Yield After Hitting Two Pedestrians in Crosswalk" »

Nine months after a nine-year-old girl died crossing the street in front of her house, a driver has been arrested for causing her death. As a Pompano Beach car accident attorney, I was pleased to read about the arrest in the child’s May 4 death. According to a Feb. 18 article in the South Florida Sun-Sentinel, Daniel Pagan, 20, was arrested the day before for causing the death of Crishna Edwards of Hollywood. Pagan, of Dania Beach, was accused of speeding and illegally changing lanes in the moments before his car hit Edwards. In addition to the vehicular homicide charge, he faces charges of driving with a learner’s permit without a licensed driver in the car and driving without a license causing a death. He was released on $2,500 bail.

An article from the time of the May 4, 2010 crash said Pagan did not leave the scene and was cooperating with police, but was not originally charged. Police said Pagan was driving 50 mph in a 30-mph zone of North 23rd Avenue in Hollywood just before the crash. They also said he was traveling behind a van that had slowed because children were playing in the area, but apparently changed lanes into the oncoming traffic lane in order to avoid a slowdown. A police spokesman said that an accident reconstruction showed the crash likely wouldn’t have taken place if Pagan had been driving more carefully. They noted that he lived in the neighborhood at the time and should have known the area frequently had children playing.

As a Weston auto accident lawyer, I’m pleased that the justice system worked for this family. When child pedestrians are involved in car wrecks, insurance companies sometimes try to blame the child for running out into the street or otherwise causing the accident. There’s no doubt that some accidents truly do happen that way, but children can be victims of bad driving just like adults sometimes are. In this case, the police’s statements make it clear that they believe Pagan’s speeding and recklessness were the main contributors to the accident. And if that’s the case, he and his insurance company can be held financially responsible for the damages caused to this family.

Continue reading "Dania Beach Man Charged in Vehicular Homicide of 9-Year-Old Girl in Hollywood" »

An article on a potentially serious accident caught my eye as a Fort Lauderdale auto accident lawyer. As the Orlando Sentinel reported Feb. 14, a Disney World bus and a tractor-trailer crashed outside Orlando International Airport that morning, sending five people to the hospital. One driver reportedly ran a red light, although the newspaper was not able to say which one. All five of the injured people, including the bus driver, were taken to Orlando Regional Medical Center. Four of the injured were treated for minor injuries and released; a fifth was reportedly more seriously injured. However, the FHP said none of the injuries were life-threatening.

Fifty passengers were on board the Disney’s Magical Express bus that left the airport around 5 a.m. These reportedly included several high school students and parents from California who were in town for a cheerleading competition. As the bus exited northbound S.R. 417, it collided with a southbound tractor-trailer belonging to the U.S. Postal Service. The crash spilled about 150 gallons of diesel fuel from the truck, causing emergency workers to close down the exit and Boggy Creek Road in both directions near S.R. 417 for several hours. Disney sent another bus to pick up the passengers not taken to the hospital. The FHP said the investigation was ongoing.

As a Coral Springs car accident attorney, I’m very interested in who might be at fault for this accident. Truck drivers and bus drivers are both professionals who need special commercial licenses to do their jobs. Whomever ran the red light (if anyone) could get into professional trouble, and they and their employer could also be liable in any lawsuit victims choose to file. All drivers have a legal responsibility to take reasonable care on the road, including obeying traffic signals, and commercial drivers have a professional responsibility as well. Their employers may be implicated, especially if they were lax in their hiring or encouraged unsafe sleepy or distracted driving to save some money. That means any passenger who was seriously hurt may be able to collect compensation for those injuries, medical bills and more.

Continue reading "Five Sent to Hospital After Semi Truck Collides With Disney Airport Bus in Orlando" »

Another accident in a deadly stretch of State Road 80 has Palm Beach County officials calling to speed up the process of installing guardrails there. As a Margate auto accident attorney, I was disappointed to read in the Palm Beach Post Feb. 14 that a 32-year-old woman and her two daughters died Feb. 12 after veering off the road and into a canal eight miles east of Belle Glade. The deaths of Dieula Francois, 32; Midjina Francois, 10; and Claudiz Francois, 3, come after four other deaths on the same stretch of road since 2009 and nine deaths in total since 2004. The Florida Department of Transportation agreed to put in guardrails last August after county officials requested it, but said it couldn’t open bids until July of 2011.

The 18-mile stretch of State Road 80 is in western Palm Beach County between Belle Glade and 20-mile Bend, with a canal running along its south side. The Florida Department of Transportation originally did not install a guardrail there because the road didn’t meet guardrail standards, but reconsidered last summer after reports of the deaths were detailed. However, it said it couldn’t open bids for the work until this year because the $4.3 million to pay for the guardrails wasn’t in its budget and wouldn’t be until the next fiscal year. The explanation upset county commissioner Jess Santamaria and others, who said lives were at risk and suggested that the DOT should have emergency funds available for these situations.

Dieula Francois was coming home from a shopping trip when she apparently swerved across a grassy median, over the eastbound lanes and off the side of the road into the canal. She managed to call 911 as the car was sinking, but a spokeswoman for the Palm Beach County sheriff’s office said emergency workers arrived too late to help. She said emergency workers were distraught and called for guardrails.

As a Cooper City car accident lawyer, I’m disappointed that the state of Florida doesn’t have the money needed to get started on this project right away. With the Francois family, the total is seven deaths on this part of the road since 2009, which most people would agree is unusually high. Of course drivers should be careful, but government agencies responsible for roads are also obligated to make sure those roads are designed in a reasonably safe way. When governments fail to take those basic steps, those governments may be just as negligent as a distracted driver. If that’s the case, people who are killed or seriously injured as a result can hold the governments legally responsible, just as they might sue an individual.

Cohn, Smith & Cohn represents clients who were seriously injured or lost a loved one in a car crash because of someone else’s bad decisions. In most cases, that means the bad decision of another driver – but government agencies are also liable if they design defective roads or fail to maintain them. Lawsuits against government agencies are substantially more complicated than lawsuits against private individuals or insurance companies, with shorter deadlines, extra administrative processes and caps on how much you can recover. That’s why you should come see one of our experienced Davie auto accident attorneys as soon as possible if you’re considering a lawsuit against a government agency.

Continue reading "Palm Beach County Officials Call to Hurry Guardrail Installation After Family Dies" »

A news item about a serious accident in Palm Beach County caught my eye as a Hollywood car accident lawyer. According to the Palm Beach Post, one man was killed and two others sent to the hospital in critical condition after a car hit them as they pushed their car along a major road in Jupiter. The rear-end crash killed Bradley Cooper, 28 and of Jupiter Farms. His twin brother, Brett Cooper of Palm Beach Gardens, and their cousin, 22-year-old Tyler Wolf of Jupiter, sustained life-threatening injuries and are hospitalized at St. Mary’s Medical Center. The crash also caused minor injuries to Kylia Reynolds, 22, Lisa Godfrey, 38, and Kelly Mettille, 31.

An anonymous woman who said she was a cousin of the victims said they had decided to go for a walk on the beach around 1 a.m. on Feb. 7. However, they reportedly ran out of gas on Indiantown Road, near the exit from Interstate 95. The three men got out of the car and began pushing, leaving Godfrey, of North Palm Beach, at the wheel and Reynolds, of Palm Beach Gardens, in the front seat. Meanwhile, Mettille, of Jupiter, exited Interstate 95 and headed east on Indiantown Road. She apparently didn’t see the disabled car in time to evade it and rear-ended it, hitting all three men as well. Bradley Cooper died at the scene and the other two men remained hospitalized as of Feb. 7. Mettille did not face criminal charges as of that day.

As a Weston auto accident attorney, I am interested in whether that might change. It’s not clear from the article whether Mettille is at fault, and a lot might depend on whether the disabled car was well lit enough to be visible. However, even if the police do not end up filing charges against her, the families of these young men may still be able to hold her legally responsible for her actions through the civil courts. If Mettille is found to be at fault, or mostly at fault, the injured people and their families can sue her for compensation for all of their injuries and damages. That includes all of the medical costs for Brett Cooper and Tyler Wolf, which unfortunately could be quite high. It also includes damages for the permanent loss of Bradley Cooper’s love, aid and income.

Continue reading "One Dead and Two Seriously Injured After Driver Rear Ends Men Pushing Disabled Car" »

As a Pembroke Pines motorcycle accident lawyer, I was sorry to read about the death of a motorcyclist hit by a driver in West Palm last week. As the South Florida Sun-Sentinel reported Jan. 29, that motorcyclist was identified Saturday as William Haythorn, who would have been 55 on Jan. 31. Haythorn died when a driver made a turn in front of him on the afternoon of Jan. 28. Vanessa Verdieu, 23, reportedly failed to yield to the motorcycle when she pulled out of a shopping center. It wasn’t reported whether Verdieu would face any criminal charges in relation to the crash.

According to an earlier article from the Palm Beach Post, the crash happened at around 3:15 p.m. on South Military Trail. Haythorn was heading south on Military Trail when Verdieu, in a silver sedan, pulled out of the Coco Plum Plaza and attempted to cross the road. Investigators from the Palm Beach County Sheriff’s Office said Verdieu failed to yield to Haythorn. Haythorn tried to avoid the car, but could not and was thrown from his motorcycle by the ensuing crash. Emergency workers took him to St. Mary’s Medical Center, where he was pronounced dead. No injuries to Verdieu were reported. The crash was serious enough to close the 2700 block of South Military Trail entirely as medics and law enforcement officers worked.

As a Miramar motorcycle accident attorney, I’d be interested to know whether Verdieu will face criminal charges. From the description in this article, it seems likely that she was or will be determined to be at fault in this crash. After all, “failure to yield” suggests that yielding was her correct role at the time. However, the term might mislead readers into believing that she intentionally failed to yield. In my experience, “failure to yield” is much more often a failure to notice that there was another vehicle coming. This is especially true in multi-vehicle motorcycle crashes, which are statistically most likely to be caused by another motorist’s failure to see the motorcycle. It’s easy to miss even obvious bikes when you aren’t expecting to see them, and thus fail to look or listen for them.

Continue reading "Police Identify Motorcyclist Killed in Crash With At-Fault Driver in West Palm Beach" »

As a Weston auto accident attorney, I was sorry to read about a major tanker truck accident that killed the truck driver as well as the driver of a pickup. As Florida Today reported Jan. 29, the police have released the names of Alexandra Marie Dugas, 19, and John Larchen Lynch, 42, both of whom were killed in the Jan. 21 accident. Dugas, of Merritt Island, reportedly rear-ended Lynch’s 18-wheeler in her Ford F-150, tipping both vehicles over. The crash unfortunately caused the 8,700 gallons of gasoline in the tanker part of the truck to explode, killing both drivers. The explosion also destroyed the Florida 528/Bennett Causeway overpass above Courtenay Parkway on Merritt Island, disrupting traffic around the area until at least mid-February.

Lynch, of Lauderhill, was reportedly driving west on 528 in the tanker truck when he was rear-ended by Dugas, in the pickup truck. The pickup truck overturned and rolled into the area formed by the 528 overpass over Courtenay Parkway, where it stopped on a concrete embankment. The large truck’s cab smashed through a guardrail into the eastbound side of the highway, while the tanker containing the gasoline fell off the bridge and landed next to the pickup, triggering the explosion. The ensuing fire killed both drivers and burned nearly all of the gasoline; Lynch was identified through dental records. Dugas was not officially identified, but family and friends confirmed to the newspaper that she was the other driver involved.

A friend of the Dugas family, Sandy Torres of Orlando, said the family had already been struggling financially and was not prepared for the costs related to the death of their 19-year-old daughter. As a Pompano Beach car accident lawyer, I’m sorry to say that very few families of ordinary means are prepared for a terrible accident like this. Money is not the top concern when a family member dies, of course, but it quickly becomes an issue when bills for a funeral, medical treatment and other costs come in. It can be an issue even sooner when the victim was a wage-earner who supported or helped support the family. When someone else caused the death out of carelessness, however, our firm can help the family recover those costs and others from the at-fault driver.

Continue reading "Tanker Truck Crash and Explosion in Brevard County Kills Two and Destroys Overpass" »

As a Hollywood car accident attorney, I was sorry to see that a man was seriously injured in a rear-end accident with a semi truck. As the South Florida Sun-Sentinel reported Jan. 21, 78-year-old Luis Barcelo was seriously injured in a chain-reaction crash near the Broward-Collier county line, in the area called Alligator Alley. Barcelo was driving east on Interstate 75 when trucker Rafael De La Fuente, 26, rear-ended Barcelo’s vehicle. The accident was attributed in part to thick fog on the road, and in fact Florida Highway Patrol officers were closing the highway just as the accident took place. Barcelo’s passenger Oderta Herrada Rosada, 74, suffered minor injuries.

The accident took place just after 7 a.m. on the Collier County side of the border. Traffic had slowed because of the thick fog, including Barcelo’s vehicle. De La Fuente reportedly told investigators that he hadn’t noticed the slowing in time. A witness told the newspaper that the truck was going 60 or 70 mph when it slammed into Barcelo’s car, causing it to spin out on the highway. That car hit a second vehicle, an SUV with five passengers. Neither those people nor De La Fuente were seriously injured, but the witness said the crash “just crushed” Barcelo’s car, sending both Barcelo and Rosada to the hospital. It wasn’t clear whether poor visibility contributed to the accident, but the FHP said charges were pending.

If I were the Weston auto accident lawyer involved in this case, I’d be extremely interested in the truck driver’s activities up until the moment of the crash. Unfortunately, distracted driving is an issue for everyone on the road, which is why the federal government is campaigning aggressively against it. However, it’s especially bad news with truck drivers, who are in charge of vehicles that can weigh as much as 20 times more than an ordinary passenger car. In a crash, all that extra weight is translated into force, causing a very bad accident. If fog is the explanation for De La Fuente’s statement that he didn’t see the slowing traffic, it would be interesting to know why he felt it was safe to drive at highway speeds when other drivers did not. Another explanation is distracted driving -- driving while eating, using a phone or otherwise taking eyes off the road, which is almost always an act of negligence.

Continue reading "Miami Man in Critical Condition After His Car Was Rear-Ended by Tractor-Trailer" »

An article about a seemingly local dispute caught my attention because the underlying issue is important to West Palm Beach car crash attorneys like me. As the Palm Beach Post reported Jan. 10, some homeowners in the Equestrian Club Estates area of Wellington are upset that a private road there was moved. The road, Equestrian Club Drive, leads to the Palm Beach International Equestrian Center, which hosts horse shows and other events, including this week’s Winter Equestrian Festival. The homeowners’ association for the area, which owns the road, said the realignment was needed to keep the road out of the center’s showgrounds and discourage street parking. But some residents said their property rights were violated and they should have been given a chance to give their opinions.

According to the article, the old road split the showgrounds in two, which meant horses were sharing space with cars, pedestrians and golf carts. The new road goes around the grounds and also has dedicated places for horses to cross. In addition, a spokesman for the village said the curbs on the new road discourage street parking. The road is privately owned by a subsidiary of Wellington Equestrian Partners, so that company’s right to move it is not seriously in dispute. The Equestrian Club Estates neighborhood has a general easement, which means people who live in the neighborhood have the right to use the road to get to their property. The Equestrian Club Estates neighborhood association worked with Wellington Equestrian Partners on the road’s realignment. Nonetheless, two residents quoted said they felt they lost their easement in the realignment and that the new road may actually be more dangerous because it’s closer to show rings.

As a Hialeah auto accident lawyer, I’m glad everyone involved is thinking about safety, even if they have different ideas about how to achieve that safety. In fact, the owner of the road was probably smart to move it, because if the old road was truly unsafe, the owner would have been vulnerable to lawsuits. Roads can be defective by design if they are designed in a way that limits drivers’ lines of sight, place hazards in the way or fail to control traffic adequately. In this case, the company could have been liable in lawsuits claiming it didn’t control horse traffic’s interaction with car traffic well enough. Even a single accident between a car and a horse would be fairly serious, because the size of horses and the speed of cars could mean serious damage to both sides. If the new alignment is safer and legal problems can be worked out, it’s probably best for everyone involved.

Continue reading "Re-Routing of Road Near Palm Beach International Equestrian Center Sparks Complaints" »

An article in the Palm Beach Post caught my eye as a Deerfield Beach wrongful death lawyer. The article describes efforts by the parents of Scott Wilson, who was killed in an accident, to discover the financial records of the other driver. Wilson, 23, died last February in an accident allegedly caused the negligence of John Goodman, who was driving under the influence of alcohol and left the scene. Wilson’s parents have sued Goodman, who is not the actor of the same name, but part of a Texas family with an air-conditioning fortune, and a founder of the Palm Beach International Polo Club, where he also owns a team. The Wilsons say they want to find out how much Goodman is worth to ensure that they request enough punitive damages to truly penalize him.

Goodman is also facing criminal charges related to the 2010 crash, which could get him a total of 30 years in prison if convicted on all counts. According to the Post, he ran a stop sign in Wellington, not far from the polo club, and broadsided Wilson’s car at 63 mph in a 35-mph zone. The crash deformed Wilson’s car badly and pushed it into a canal, where it landed upside down. Wilson was trapped and drowned. Goodman left the scene. When police caught up to him several hours later, they measured his blood-alcohol content at 0.17, more than twice the legal limit. The Goodman family sold the family company, Goodman Global, for $1.4 billion in 2003. The Wilsons want to know how much of that money went to Goodman personally.

I’d like to address why the Wilsons’ request is an important part of the process of any wrongful death lawsuit. Some observers may think the Wilsons’ request is a tasteless attempt to profit from the death of their son, but in my experience as a Weston wrongful death attorney, no parent would trade their child’s life for money. As the article says, the Wilsons are asking for punitive damages, which are damages specifically intended to punish flagrantly illegal or unethical behavior. That means the net worth of the person or organization being sued really does matter -- because the punitive damages have to be high enough to constitute a penalty. For a wealthy person like Goodman, that would be much higher than it would be for ordinary folks -- and the Wilsons’ attorneys want to know how much higher, so they can make a reasonable request in court.

Continue reading "Parents of Young Man Killed in Crash Ask for Polo Magnate’s Financial Records " »

As a Golden Glades motorcycle accident attorney, I was disappointed to see that a motorcyclist was seriously injured in a crash apparently caused by an erratic driver. Pavel Prikryl, 23, was hospitalized late on the morning of Jan. 10 after he was thrown from his motorcycle on Interstate 95. Prikryl was hit by another driver making evasive maneuvers after a white Toyota Corolla swerved into his path. No injuries to the driver were reported, but the Corolla sped away without incident. Authorities are looking for the Corolla and its driver now. It is described as an older car, white, with gold rims and driven by a man. Anyone with information is invited to call the Florida Highway Patrol at (954) 837-4012.

The crash took place in the southbound lanes of I-95, at about 10:45 on the morning of Jan. 10. Just south of Griffin Road, the Corolla reportedly changed lanes recklessly or erratically. This forced driver William Perez, 54, to swerve to avoid the Corolla. The evasive maneuvers sent the car driven by Perez into a spin, putting it in the path of Prikryl’s motorcycle. The motorcycle hit the right rear part of the car, and the impact threw Prikryl off his bike and over the interstate’s concrete divider. He landed in the emergency lanes of the northbound side of I-95. He was taken to Hollywood’s Memorial Regional Hospital in serious condition. No charges have yet been filed and an investigation by the FHP is still underway.

I wish the FHP luck with its investigation. As a motorcyclist and a Fort Lauderdale motorcycle crash lawyer, I also wish the victims luck pursuing any insurance claims. As a rule, it’s harder to collect a fair settlement in crashes that were caused by someone whose vehicle was not directly involved in the crash. Insurance companies don’t like paying out money -- which of course reduces their profits -- so some of them seize on any excuse they can find to avoid paying. In this case, the insurance company for Perez may agree that the Corolla driver is to blame. However, even if that driver is found and has insurance, his insurance company may not agree that its insured is responsible for Prikryl’s injuries -- after all, the Corolla never touched the motorcycle. He and his family may need an FHP report -- or even to file a motorcycle injury lawsuit -- to get fair compensation.

Continue reading "Florida Highway Patrol Looking for Car Believed to Have Caused Motorcycle Crash" »

As a Davie tractor-trailer accident lawyer, I’ve written here several times before about the dangers of driving while talking on the phone. That’s why I was interested to see an article from Tampa Bay Online about the dedication of a part of U.S. 27 in Polk County to a phoning and driving victim. Heather Hurd, 26, died three years ago when a trucker distracted by his cell phone smashed into a line of cars stopped at a traffic light. The crash also killed Stephanie A. Phillips, 37, of Haines City. Hurd’s parents have become anti-distracted-driving activists since their daughter’s death and have successfully lobbied for a “Heather’s Law” banning talking on the phone while driving in their home state of Maryland. They and her 21-year-old brother were present Jan. 3 at a dedication ceremony for the Heather Hurd Memorial Highway near the site of the crash.

Hurd loved Disney World so much that she moved to Florida to work there. She was also planning her wedding at the park, and was on her way to meet a wedding planner on the day of the crash. As she waited at the stoplight, truck driver David Lunger of Jacksonville approached in his big rig. He told investigators he was using his phone, and they believe he also had exceeded limits on his hours behind the wheel. He failed to stop and smashed into nine stopped cars, killing Hurd and Phillips. Lunger was later cited and fined for careless driving, and died in 2009. Russell Hurd, Heather Hurd’s father, has made it a goal to pass a “Heather’s Law” in Florida and any other state that doesn’t already ban phoning and driving. Such a law was introduced in Florida last year and passed the state Senate, but was never introduced in the state House.

I hope that changes. As a Boca Raton trucking accident attorney, I’ve seen far too many cases of accidents caused by drivers distracted by cell phones. Many states already have bans on texting and driving, which may be an easier target because texting requires drivers to take their eyes off the road, or because texters tend to be inexperienced younger drivers. But research indicates that driving suffers if the driver is talking to someone not in the car, even if his or her eyes are on the road all the time, simply because of the cognitive demands of speaking to someone while also performing all the tasks needed to drive safely. Without a law against this behavior, it’s difficult to discourage this behavior or penalize the people who do it. However, even if there’s no criminal case against a distracted driver, victims and their families can always pursue legal claims against drivers whose distraction caused serious injuries or deaths.

Continue reading "State Dedicates Stretch of Highway to Victim of Texting and Driving Semi Truck Crash" »

As a Fort Lauderdale car crash attorney, I have followed reports on unintended acceleration in Toyota cars with great interest. Auto industry watchers may remember that Toyota had to recall millions of cars after a series of investigations showed certain Toyota vehicles were accelerating without a clear cause, causing serious and sometimes fatal crashes. The automaker blamed incorrect floor mats and later “sticky” gas pedals, but some believe the real problem is with the car’ electronic throttle systems, also known as “drive by wire,” and with the lack of an override. Toyota is fighting numerous lawsuits from individuals who claim they were hurt in unintended acceleration crashes. Now, the Los Angeles Times reported Jan. 3, insurance companies have piled on with lawsuits seeking to recover money they paid to insureds involved in sudden acceleration crashes.

Altogether, seven insurers filed lawsuits Dec. 30 in Los Angeles Superior Court. They say certain Toyota vehicles have defects causing unintended acceleration, causing at least 725 crashes among their customers. The companies claim Toyota should have included an override feature that stops acceleration when the brake and gas are pressed simultaneously. The claims follow a similar lawsuit filed three months ago by a lone insurer, Allstate. All of the insurer lawsuits seek reimbursement for the money they paid in insurance claims to drivers involved in such crashes. Toyota consistently denies that defects in electronic throttles have caused any crashes. Its recalls for unintended acceleration problems focused first on problems with floor mats blamed for trapping gas pedals, then on “sticking” gas pedals themselves. Federal investigators have blamed some, but not all, of the accidents on human error as well.

As a Miami Gardens auto accident lawyer, I think it’s a good thing for individuals that insurance companies are getting involved. Drivers and accident victims won’t benefit directly if the insurers’ claims succeed -- but just the fact that the lawsuits were filed shows insurers believe the claim can succeed. That vote of confidence bodes well for the claims made by the individuals, which are mostly based on the same facts and legal theories. As the Times reported, federal records show Toyota discussed the possibility of an override system as early as 2007, two years before the first reports of unintended acceleration arrived. However, the company didn’t start installing the systems until 2010 -- and the technology has existed since the early 1990s. That failure to act could be perceived by juries as placing financial concerns over safety.

Continue reading "Insurance Companies Sue Toyota to Recover Costs of Unintended Acceleration Crashes" »

A news item about a drunk driving accident caught my eye as a Hollywood auto accident attorney. The South Florida Sun-Sentinel reported Jan. 3 on the arrest of 57-year-old Leroy Miller of Miramar for causing a crash while driving under the influence. Miller crashed his pickup truck into another vehicle and stopped to inspect the damage, but then kept on going. Victims were able to identify him after the police caught up with him in his driveway, where he refused to take a breath test. Two victims were hospitalized with injuries that weren’t specified, but which gave rise to a charge of drunk driving with serious bodily injury. Other charges against Miller include leaving the scene of an accident, causing property damage and refusing to submit to a breath test. He was released from jail Jan. 2 pending trial.

According to the article, accident victims called the police just after 9 p.m. on New Year’s Eve to report a hit-and-run. They said Miller’s pickup hit another vehicle, and that Miller had left the scene after getting out to look at the damage in the crash. Victims wrote down the truck’s license plate number, which helped police identify Miller and find his home. They found him still inside the truck parked in the driveway. When confronted, Miller was allegedly so intoxicated that he gave police a credit card instead of his driver’s license, then tried to give them a business card until officers pointed out that his license was right there in his other hand. He was reportedly unable to perform field sobriety tests and refused to take a breath test, which was his third such refusal in 25 years. He admitted that he had hit another vehicle.

As a Plantation car wreck lawyer, I’m pleased that Miller was taken off the street before he could do more serious damage -- after all, 9 p.m. isn’t that late on New Year’s Eve. In my practice, I see many victims of drunk driving, some who are seriously injured or lost a loved one forever. Almost without exception, these accidents could have been prevented if the drinking driver had behaved more responsibly. Unfortunately, the health care needed by seriously injured drunk driving victims can get expensive quickly. And even if the driver is found, arrested, tried and convicted, that doesn’t necessarily mean the victims will be able to recover money to pay for those health costs, other cost or compensation for their injuries, pain and suffering. In order to claim these and other cost back from an irresponsible drunk driver, victims usually must pursue a lawsuit as well.

Continue reading "Miramar Man Charged With Injury DUI and Hit-and-Run After New Year’s Eve Crash" »

As a Boynton Beach car crash attorney, I noted an accident a month ago that injured a 17-year-old high school student from The Acreage. As the Palm Beach Post reported Nov. 26, Ryan Garcia was hit by a school bus just before sunrise Oct. 27 as he crossed the street outside Seminole Ridge High School. Garcia was initially hospitalized in serious condition, but has stabilized. In response to the crash, some parents in The Acreage are now demanding more lights and sidewalks from Palm Beach County and the local school board. Most recently, parents marched on the week of Thanksgiving in favor of more lights. The Indian Trail Improvement District has also voted in favor of more lights.

A parent group led by Karen Keogh is calling for lights along Seminole Pratt-Whitney Road, where the high school is located, north to 60th Street North. Keogh said this would make students safer when they walk to school, which many students do when they live within two miles of the campus and do not receive bus service. For the same reason, Keogh is also calling for a sidewalk on the west side of the road near the school, which currently has a sidewalk only on the east side. And she is calling for flashing lights marking a crosswalk, which the county usually provides only at elementary and middle schools. The county is already planning more lights south of the school, and an official said he’d be happy to arrange a meeting with parents.

What interests me, as a Delray Beach auto accident lawyer, is the parent group’s implication that failure to adequately light the area may be responsible for Garcia’s accident. Of course, that’s in addition to any responsibility the bus driver or Garcia himself might have. But if it’s true that the lighting was inadequate, that would make Palm Beach County at least partly liable for Garcia’s injuries. That makes the case instantly more complicated if Garcia and his family are interested in seeking compensation for his injuries. Government agencies typically have the insurance to pay any financial compensation a court orders, but to get that court order, victims must go through a more complicated process than the law requires for suing a private business. In general, plaintiffs must start an administrative process quickly -- usually within months -- to preserve their right to sue later.

Continue reading "Acreage Parents March for Streetlights Near High School Where Student Was Hit by Car" »

As a Miami-Dade construction accident attorney,I was interested to read an article suggesting an unusual number of crashes in a construction zone on Interstate 75. The Sarasota Herald-Tribune reported Nov. 20 that the state Department of Transportation plans to review the safety of the work zone, following a fatal crash just after midnight on Nov. 19 involving a construction worker. The worker was not killed, but a motorcyclist was. The newspaper said the 9.4-mile stretch of Interstate 75 through Venice has seen many accidents since work started in May, although there are no statistics available to show whether it’s higher than average. More traffic is expected as winter brings more visitors to the region.

According to the article, the area has seen multiple accidents since work started, including crashes that closed the interstate entirely. One, in July, involved a tractor-trailer that spilled its diesel fuel and caught fire. The accident early Friday killed motorcyclist Curtis Haley, 51, of Venice. He hit a dump truck operated by Mark Glotfelty, 49, also of Venice. The accident also affected driver Kimberly Geaquinto, 48, of Deerfield Beach. Geaquinto and Glotfelty suffered only minor injuries, but because Glotfelty is an FDOT worker, that agency will do a safety review along with the FHP’s investigation. The crash happened during the night hours, when lanes can be closed and the speed limit is reduced from 70 mph to 60 mph. FDOT said everything it’s doing meets safety standards. Spokespeople for the AAA and the FHP advised motorists to slow down and be extra careful in construction zones.

That’s advice that could apply to any construction area. But as a Davie construction accident lawyer, I hope FDOT seriously considers whether this zone is particularly unsafe -- and if it concludes that more should be done, I hope it takes all of the necessary steps. There are risks in any work zone that places human workers on foot just a few feet away from speeding cars. But if the state has failed to prevent foreseeable accidents, it could be legally responsible for any accidents that result. That could include serious motorcycle accidents like Haley’s or other traffic crashes, as well as injuries to FDOT workers themselves. In either case, the state as well as any drivers who were negligent would be legally liable to the injured people, or their loved ones. Because suing the state of Florida involves many special rules, it’s especially important that these victims get in touch with an experienced attorney as soon as possible.

Continue reading "FDOT to Review Safety of Sarasota Work Zone After Motorcyclist Hits Dump Truck" »

A headline from Miami caught my eye as an Opa-Locka auto accident attorney. According to the Miami Herald, a 75-year-old woman and her baby granddaughter were injured Nov. 15 after a driver plowed into the Shenandoah Post Office just before 9 a.m. that day. Fortunately, no one was seriously hurt, although the grandmother and baby were taken to the hospital for treatment of cuts and bruises. The child’s grandfather also suffered cuts while leaping over the wreckage to get to his family. The incident was blamed on an unnamed driver, an elderly woman who lost control of her car while leaving the post office. She was not hurt. Customers were trapped inside the post office by the incident, but the office resumed normal business a few hours later.

The unnamed driver was leaving the post office in a champagne-colored Toyota Camry when the accident happened. For reasons the article does not go into, the driver lost control of her car and drove through the parking lot, knocked down a newsstand and plowed into the front doors of the post office. The front of the car struck the woman and the baby, who is nine months old, before hitting a wall and stopping. A spokesman for Miami Fire Rescue said the woman and the baby were lifted up by the car rather than smashed into the wall, causing the baby to fly out of her stroller. Her grandfather was walking with them, but just missed being hit. The article said the driver was hysterical until she was that the baby was not seriously hurt, but otherwise fine. She was checked for injuries at the scene.

No mention was made of an investigation or charges, but as a Miramar car accident lawyer, I wouldn’t be at all surprised to find that police are investigating. Driving into a building is most certainly a form of negligence -- severe carelessness -- that would make the driver legally responsible for causing the crash. Because the driver is described as elderly, some of the investigation will undoubtedly focus on whether she was too confused to drive safely. Because the vehicle was a Toyota, investigators may also look into whether it suffered from the same entrapped gas pedal issues that made the news in 2009 -- and are blamed for multiple deaths. Only time and careful investigation will tell. But regardless of whether investigators end up criminally charging the driver, she (or Toyota) could also be held legally responsible for the crash with a civil lawsuit.

Continue reading "Grandmother and Infant Granddaughter Hurt After Older Driver Plows Into Post Office" »

The high-profile DUI vehicular homicide trial of Jim Leyritz is taking place here in Broward County, and one aspect of it attracted my attention as a Fort Lauderdale wrongful death lawyer. According to a Nov. 8 article from the South Florida Sun-Sentinel, the prosecution’s case against Leyritz, a former New York Yankee, is faltering. Eyewitnesses are not giving the testimony jurors were led to expect, the newspaper said, and jurors have also learned that the victim was about as drunk as Leyritz was during the crash. Those developments could hurt the state’s chances of convicting Leyritz. But fortunately for the family of the woman killed, they have already reached a settlement in a separate wrongful death case against Leyritz, ensuring that they will be fairly compensated no matter what happens in criminal court.

Leyritz, who helped the Yankees to a 1996 World Series victory, is accused of killing Fredia Ann Veitch. The 30-year-old mother of two was crossing a Fort Lauderdale intersection at 3:19 a.m. on Dec. 28, 2007. The prosecution alleges that Leyritz was drunk when he ran a red light and hit Veitch’s SUV, pushing the vehicle into a pole and causing Veitch to be thrown into the road. However, testimony at the criminal case suggested that the light may have been yellow when Leyritz entered the intersection. That passenger and a police officer also testified that Leyritz didn’t seem very drunk. Perhaps more importantly, testimony established that Veitch was also drunk -- a medical examiner found a BAC of 0.18 after she died, and a friend testified they’d been drinking together that evening. In addition, the jury has not heard testimony establishing that Veitch was using her phone just before the crash, driving without headlights and not wearing a seatbelt.

If the jury sees this the way the Sun-Sentinel clearly has, it’s true that this case would be an uphill battle for the prosecution. Only time will tell if that’s true. However, as a Hialeah wrongful death attorney, I’d like to emphasize that the outcome of this trial is completely independent from the outcome of the wrongful death lawsuit filed by Veitch’s family, which was settled earlier this year. In fact, the outcomes would be legally distinct in any case, but the fact that the lawsuit settled first means the outcome of the criminal trial couldn’t have affected potential jurors in the civil case. That means families that lost a loved one under unjust circumstances can use the civil courts for a second chance at justice -- even if they lose in criminal court or prosecutors choose not to file any charges.

Continue reading "Leyritz Criminal Prosecution Falters Even Though Wrongful Death Suit Already Settled" »

As an Aventura wrongful death attorney, I was dismayed to see that a 14-year-old girl has died after a bad car accident with a law enforcement officer. The South Florida Sun-Sentinel reported Jan. 25 that Cara Catlin, a freshman at Northeast High School in Oakland Park, died Jan. 23 in a crash with a Broward County Sheriff’s Deputy. Catlin was riding in a car driven by her 21-year-old stepsister, Heather Meyer, who was also injured in the crash, as was Gabriel Alegria, 15. Both Meyer and Alegria were hospitalized in stable condition. The deputy, 21-year-old Frank McCurrie, was treated for minor injuries and released. Homicide investigators are looking into whether the deputy was speeding when the accident occurred.

McCurrie was going straight through the intersection of Northeast 56th Street and Dixie Highway when Meyer was making a left turn; both had green lights, but Meyer did not have a green arrow. The first reports about the accident said McCurrie didn’t have his lights and siren on when he passed through the intersection. A Broward Sheriff’s Office spokesperson later said McCurrie didn’t need the emergency signals because he wasn’t responding to an emergency. However, a witness told the newspaper that the deputy was going around 70 mph, in a 40-mph zone, before the crash happened. Investigators say it’s too early to confirm that claim, but that it will be investigated thoroughly. Meyer, Alegria and an aunt of Catlin’s, Edie Bronder, all declined comment. Bronder said the family is consulting an attorney.

This is a very sensible decision. Calling an attorney so soon may sound premature to some people, but as a Boca Raton wrongful death lawyer, I know that families need to start right away if they plan legal action against law enforcement. The Broward Sheriff’s Office is a government agency, of course, and all government agencies have special rules governing lawsuits against them. In Florida, these include shorter deadlines for filing and special administrative procedures families must complete before they can file claims. If you’re considering a lawsuit against a police department or any other government agency, it’s very important to make sure you follow these rules to the letter, because deviation can delay your case or even cause you to miss the deadline entirely. If that happens, you may be unable to sue at all, no matter how strong your case is.

Continue reading "Car Crash With Broward Sheriff’s Deputy Kills Fourteen-Year-Old Girl" »

As a Davie product defect attorney, I have kept an eye on the Toyota recall. Last year, the automaker announced the largest recall in its history, of 4.3 million vehicles implicated in multiple reports of sudden and unintentional acceleration. In that recall, Toyota said improperly positioned floor mats were causing accelerator pedals to stick open, sometimes causing panicked drivers to launch into walls or over cliffs. The defect has caused at least 19 deaths, including the August death of an off-duty California Highway Patrol officer trained in vehicle safety and three members of his family. Now, the Los Angeles Times reported Jan. 23, Toyota is recalling 2.3 million more vehicles, saying a mechanical problem is causing the pedal to stick.

The new recall is raising eyebrows, the Times wrote, because Toyota had previously denied any problems other than the floor mat problem. The automaker didn’t explicitly say it no longer believed this, but most of the vehicles involved in the new recall are the same vehicles in the floor mat recall. Some safety experts quoted by the newspaper said they believe the real problem is actually Toyota’s “drive by wire” system, which controls acceleration through an onboard computer rather than mechanical parts. Toyota says the pedal can stick down when it gets worn. It doesn’t have a solution to the pedal problem yet, but has asked drivers who encounter the problem to apply the brakes and call a dealer immediately. Experts also suggest that drivers deal with unintended acceleration by turning off the car or shifting into neutral. Drivers can find more information from Toyota here and a list of vehicles involved in both recalls here.

According to the article, Toyota rejected the computer-bug theory when investigating an incident that led to the most recent recall. This recall is probably still good for drivers, but it disturbs me as a West Palm Beach defective product lawyer that Toyota didn’t investigate the idea that its drive-by-wire system could be the real culprit. In fact, it was basically forced to concede the pedal problem after a sudden-acceleration incident that seemed unrelated to floor mat problems. Mechanical parts are much cheaper to fix than computer systems -- but if computers are the problem, that hardly matters. If the expert quoted in the newspaper is right, Toyota’s failure to face the problem will continue to put people at risk until it’s impossible for the automaker to ignore it -- putting more lives in danger.

Continue reading "Toyota Announces New Recall Implicating Stuck Pedals in Sudden Acceleration" »

I have written here before about the terrible case of a tractor-trailer that crashed into a school bus in Ocala, killing a one middle school girl and injuring another. Because the trucker happened to be using a cell phone immediately before the crash, the incident helped raise awareness of distracted driving -- an issue important to me as a Lauderhill auto accident lawyer. Now, the Ocala Star-Banner reported Jan. 13, the mother of the girl who was killed is helping start a new, MADD-like group intended to fight distracted driving. Elissa Schee of Ocala is one of five board members of FocusDriven, all of whom lost loved ones to distracted drivers. The board met Jan. 12 with U.S. Transportation Secretary Ray LaHood.

Frances “Margay” Schee was 13 when her school bus was rear-ended by a commercial trucker. The bus was pushed forward 100 yards and burst into flames, but Margay Schee was the only one killed. The truck driver told police afterward that he was using a cell phone at the time. Elissa Schee told that story when she appeared on an episode of Oprah broadcast Jan. 18 to promote FocusDriven. The group’s first priority is to pass legislation in all 50 states outlawing phoning and driving. At the moment, the newspaper said, Florida does not place any restrictions at all on phoning and driving -- although the state legislature is expected to take up a ban on texting and driving this year. In fact, no state has banned cell phone use behind the wheel entirely, although six states require headsets for all drivers and 19 ban texting and driving.

As a Coral Springs car wreck attorney, I am glad that Schee and the other FocusDriven members are raising awareness of this issue. Distracted driving has emerged as a major issue in the past six to nine months, in part because of research showing that texting and driving raises your risk of a crash significantly. In one study of truck drivers, researchers at the Virginia Tech Transportation Institute found that texting raised the crash risk by 23 times. Another recent study found that the crash risk for drivers of ordinary cars, using a simulator, was six times greater. And some research has found that texting impairs driving even more than driving under the influence of alcohol or marijuana. But until our society sees a concentrated campaign to raise awareness of the dangers, drivers will continue to take those risks for the sake of convenience.

Continue reading "Mother of Teen Killed in Semi Crash Joins Campaign Against Distracted Driving" »

As a Deerfield Beach car crash attorney, I have been following the increased media coverage on the problem of distracted driving. On Jan. 7, the New York Times explored a new threat in its “Driven to Distraction” series: Internet browsing while driving. This is already possible to some extent thanks to “smartphones,” but the Times reported that automakers are now developing ten-inch computer screens built directly into the dashboard. These “infotainment centers” would include navigation information, controls for music and even videos and Web pages. The systems have warnings not to use them while driving, and disable some features while the car is in motion. But experts interviewed by the Times said they were concerned about the safety effects of putting the devices literally front and center in vehicles.

The systems are the result of collaboration between major computer manufacturers and automakers, and were displayed with pride at the Consumer Electronics Show in Las Vegas. Spokespeople for the companies say consumers want these features, especially busy consumers looking to get business done in the car. But safety and technology experts believe the dashboard-mounted screens run contrary to growing awareness of the dangers of distracted driving. A researcher at the Virginia Tech Transportation Institute said there’s already evidence that looking at a screen while driving raises the risk of a crash. That risk goes up exponentially the longer the driver looks away from the road. A professor at MIT went further, saying “[I]t is a continuation of the pursuit of profit over safety — for both drivers and pedestrians.”

I would like to believe that drivers can make safe decisions even with these options -- but as a Davie auto accident lawyer, I’ve seen far too much evidence to the contrary. Auto accidents were a leading cause of death and brain injuries even before cell phones were widely available. Unfortunately, far too many people simply don’t take their responsibilities behind the wheel seriously -- at least until they’re involved in a crash. At that point, it may be too late to prevent deaths or catastrophic injuries, both to the driver and to the other motorists and pedestrians who happen to be nearby. Because car crashes can be so serious, I believe it’s appropriate to do rigorous testing to determine whether in-car computers can be used safely. If they cannot, automakers should consider disabling distracting features while the car is on the road, and governments should consider aggressive anti-distraction laws and enforcement.

Continue reading "Internet in Car Dashboards Raises Concerns About Distracted Driving" »

As a Fort Lauderdale car accident attorney, I was disappointed to see a short news story about a fatal accident that took place in Miami. The South Florida Sun-Sentinel reported Jan. 4 that Jean Ginst Eugene, 40, died after his SUV rolled over on Interstate 595. The newspaper said traffic slowed on the highway around 1 p.m., possibly due to a ladder left in the road. Eugene and another driver, Robert Mintz, both moved into the inside lane to avoid the problem. The right front of Eugene’s Mitsubishi Montero Sport struck the left rear of Mintz’s vehicle, causing the Mitsubishi to roll over and hit the median. Mintz pulled over into the breakdown lane and was not hurt, but Eugene suffered fatal injuries. The Florida Highway Patrol said the crash was under investigation.

There are several aspects of this accident that interest me as an attorney. First and foremost, the rollover aspect of the accident suggests that fundamental structural problems may have led Eugene’s SUV to tip over. SUVs became notorious in the late 1990s and early 2000s for being involved in rollovers at a much greater rate than smaller cars or even pickup trucks. Safety experts blamed this on their high centers of gravity, which made them prone to tip over even during ordinary driving. This is a serious safety problem because rollovers are one of the most dangerous accident types. Because rollovers throw vehicles’ occupants around and out of the vehicles, they substantially raise the likelihood of death, brain damage, spinal injuries or severe burns. This is made worse by the fact that SUVs are exempted from standard passenger-vehicle roof strength standards, making their roofs more likely to crush under the weight of the vehicles.

As a Boynton Beach car crash lawyer, I would also be interested in what happened to create the obstacle in the road in the first place. Driving with an improperly secured load is illegal in Florida. More importantly, if the driver responsible for securing the load realized the problem and drove on the highway anyway, he or she could be held legally responsible for this crash in any lawsuit the victims choose to file. This is not to say that Mintz, or Eugene himself, may not also be held partly responsible for the crash in the FHP’s report. If they are, the jury in any lawsuit filed would have to divide up responsibility between all of the parties involved. This would diminish, but by no means eliminate, the compensation available to Mintz or to Eugene’s family.

Continue reading "Miami Man Killed in SUV Rollover Crash Avoiding Obstacle in Road" »

As a Fort Lauderdale auto accident lawyer, I’ve written here several times about tragic and preventable injuries to construction and emergency crews working at the side of the road. A Dec. 21 article from the New York Times examines that issue from another angle: work site injuries to motorists who happen to be passing by. According to the article, few laws exist to ensure that contractors working on public roads follow safety laws, and guidelines are violated. As a result, the article estimates, 4,700 Americans were killed in the past five years in work zone accidents, most of them preventable. And because the laws don’t provide much accountability, the contractors responsible often continue to be hired.

Accidents happen, the article says -- but safety experts say they don’t need to happen as often as they do. According to David Holstein, chief traffic engineer for the state of Ohio, an accident-monitoring system in that state found that crashes increase by as much as 70% in construction zones. With stimulus package money likely to fund many new construction projects, more deaths may be likely in 2010. Transportation officials focus on driver error by raising speeding fines and making “move over” laws. But 85% of deaths in construction zones are driver deaths, the article said, and federal safety officials don’t track whether and how contractors might be to blame.

One example the article gave was an accident that took place on I-75 in Sarasota. Zep Construction, the contractor, planned to use a “rolling roadblock” to slow down traffic for work on a bridge just after midnight. However, the roadblock caused traffic to stop completely rather than slow, in an area with a blind spot and a 70-mph speed limit. Drivers Manuel Ramirez and James Brashear came to a stop, but a semi truck behind them couldn’t stop in time. It jackknifed into a line of cars, killing both men and wounding 10 other people. Brashear’s son Tyler, 11 at the time, was physically unhurt but trapped in the crushed vehicle with his father. The article said Zep had followed almost none of the rolling roadblock guidelines provided by the Florida Department of Transportation, but the state still gave the contractor an excellent performance rating. The Brashears have sued Zep.

I am disturbed to read that there are so few regulations on construction zone safety in our state, or across the U.S. According to the NYT, those guidelines that do exist are mostly not mandatory or specific, and states resist changing this because of fear of litigation. Ironically, as a Miami Gardens car crash attorney, I believe states are in a worse position without such rules, because accidents, and thus lawsuits, are more likely when safety is lax. More importantly, failure to make and follow adequate safety rules means more preventable deaths, like those of James Brashear and Manuel Ramirez. No contractor sets out to create deadly accidents, but this article shows that good intentions are not enough. If government agencies and contractors are not willing to set and enforce higher standards, the accidents -- and their legal liability -- are likely to continue.

Continue reading "Article Finds Thousands Killed in Preventable Road Construction Zone Accidents" »

Broward County car accident attorneys like me got some bittersweet news Dec. 7 from the National Highway Traffic Safety Administration. As the Washington Post reported, the federal government’s driving safety agency held a press conference Monday to announce its annual anti-drunk-driving campaign for the holidays and reveal national DUI statistics. Because intoxicated driving is statistically likely during the holidays, the NHTSA partners with local law enforcement to run a national anti-DUI campaign called “Over the Limit. Under Arrest.” In its press conference, however, the agency announced statistics showing that drunk driving has actually gone down in recent years. However, the accompanying report shows that driving under the influence of drugs is now a serious threat.

According a survey by the NHTSA, 11% of drivers on the road on the weekends are under the influence of an illegal drug. That number shoots up to 16% at night, traditionally the time when drunk driving rates are highest. That was the bad news in a Dec. 7 Washington Post article on the press conference. More bad news for Florida was that we are one of the ten states that did not see a drop in the rate of fatal drunk driving accidents. Florida, Delaware and Pennsylvania saw no change to fatal DUI crashes, while seven states actually saw increases: New Hampshire, Kansas, Wyoming, Rhode Island, Idaho, Oklahoma and Colorado. Drunk driving fatalities declined by 7% nationwide, the Post reported. Transportation Secretary Ray LaHood said the declines were biggest in states that sought and prosecuted DUI most aggressively, with checkpoints and stepped-up patrols.

I hope Florida authorities take that message to heart. The NHTSA report (PDF) shows that our rate of fatal DUI accidents is better than those of most of our neighbors in the Southeast, but it still isn’t falling as fast as that of the nation as a whole. As a Hallandale Beach auto accident lawyer, I work frequently with victims of serious car crashes, including people who were badly hurt or lost a family member in drunk driving accidents. Every single one of those accidents was the preventable result of another driver’s negligent decision to get behind the wheel while impaired. Most public education campaigns about DUI don’t differentiate between alcohol and drugs, but both will leave drivers’ judgment and motor skills impaired, harming their ability to safety control a vehicle. And driving under the influence of either can leave the innocent motorists around them equally dead.

Continue reading "Federal DOT Releases DUI Statistics, Reminds Drivers to Stay Sober During Holidays" »

As a Fort Lauderdale car accident lawyer, I was very pleased to see an announcement that federal regulators will toughen up safety equipment requirements in new vehicles. The Detroit News reported Dec. 1 that the National Highway Traffic Safety Administration, which regulates and tracks traffic safety issues, will require larger and stronger side curtain air bags in new vehicles starting in 2014. The new standards are intended to reduce the number of deaths each year in rollover crashes, considered one of the most deadly crash types. Vehicles with the new air bags will be tested on how well they keep occupants from being thrown from the vehicles, where they can sustain serious head and spinal injuries.

NHTSA statistics say vehicle rollovers cause about 10,400 deaths every year. The problem is worse for drivers and passengers who aren’t using seat belts or age-appropriate car seats, but the agency estimates that about 13% of the 402 lives saved by the new regulation will be the lives of people who are using seat belts. The standard applies to vehicles that weigh 10,000 pounds or less, which includes large SUVs, vans and pickup trucks as well as passenger cars. According to the article, the new standards would likely lead to larger side curtain air bags large enough to cover more of the windows; strong enough to keep passengers from being thrown through the windows; and inflated for several seconds (rather than just 0.1 second, as with frontal air bags).

I applaud this sensible move by the NHTSA. According to the article, the agency estimates that the new regulations will add approximately $54 to the cost of vehicles. As a Coral Springs auto accident attorney, I believe most people would agree that that’s a very small price to pay to reduce their risk of dying. Rollover crashes are so deadly because they throw occupants around the inside of the vehicles, where they can sustain serious head, neck and back injuries or puncture wounds from metal and glass that was deformed by the accident. In many cases, especially cases where vehicle occupants didn’t use safety restraints, they can also be thrown violently out of the vehicle. This is undoubtedly one reason why NHTSA statistics show that rollovers accounted for just 2.7% of all crashes in 2008, but 21.25% of fatal crashes.

Continue reading "Federal Safety Agency Announces Stricter Standards for Side Curtain Air Bags" »

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" »

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 " »

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" »

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" »

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" »

Ten people were hurt in a multi-vehicle crash in Davie involving schoolchildren, the South Florida Sun-Sentinel reported Sept. 21. According to the paper, a van belonging to Nob Hill Academy, a preschool and after-school care center, failed to stop when it approached a stopped school bus in the right-hand lane of Stirling Road. However, a minivan and a car had stopped for the bus; the Nob Hill van hit those vehicles. The crash pushed the minivan into a median and caused the van to go over the median into the westbound lanes of the road. Seven children sustained minor injuries; three adults were hurt, with one woman hospitalized in critical condition. Thirteen other people were treated and released at the scene.

My best wishes go out to the woman who was seriously hurt. As a Cooper City car crash attorney, I am pleased that this accident was not worse, particularly since Nob Hill Academy cares for very young and vulnerable children. But by the same token, the crash calls the judgment of the van’s driver into serious question. All drivers should stop for school buses -- because it’s the law and because children may be walking nearby -- but drivers of other school vehicles ought to be especially aware of that rule. And even without a school bus in the picture, drivers should pay enough attention to slow for stopped traffic ahead.

Legally, the driver of the van is likely at fault for apparently failing to do those things. But because the van’s driver was probably at work at the time, the school may be held legally liable for the crash as well, under a legal doctrine called vicarious liability. The school may also be held responsible if victims can show that it was negligent in its hiring and supervision of the driver. Legally, employers are responsible for the actions of employees working in the “course and scope” of their employment. That includes the actions of drivers who are performing job duties, driving a company vehicle -- or both, as in this case. This means the school and its insurance company are financially responsible in any Hallandale auto accident lawsuit the victims choose to file.

Continue reading "Ten Hurt, One Seriously, When School Van Crashes Into Stopped Traffic in Davie" »

A recent article about a crash caused by a police car chase piqued my interest as a Pembroke Pines auto accident lawyer. WFOR (CBS4) here in Broward County reported Sept. 21 that an older man who was hit by the police car has recovered enough to speak to the media, and he is not happy. Richard Sanzare, 78, told the station he has a broken arm and wrist, staples and stitches in his head, trouble moving and pain. His wife, Dorothy, remains in the intensive care unit at a Broward County hospital. Police Officer George Law suffered neck and back injuries and was in stable condition.

According to the article, Law was chasing a motorcyclist believed to have a gun. Witnesses and Sanzare say that Law was driving very fast without using his siren or lights; a Fort Lauderdale Police spokesperson said he couldn’t confirm that. During the chase, the Sanzares entered northbound I-95 at the Oakland Park Drive entrance and was hit by Law’s police vehicle. The crash caused the couple’s vehicle to roll over; Law’s car ran off the road and hit a tree. Despite the crash, the police spokesperson said Law is still on duty while the incident is investigated. Sanzare said he was upset that a police representative hadn’t stopped by to apologize; he told the station he was planning a lawsuit.

As a Plantation car crash attorney, I happen to know that Sanzare has a complicated road ahead if he does file a legal claim. Suing any government agency is difficult, but there are special rules laid out in Florida law for suing a police agency over injuries sustained in a car chase. Police agencies may not be sued for such injuries if the officers:

1. were not behaving in a way “so reckless or wanting in care as to constitute disregard of human life, human rights, safety, or the property of another.”
   
2. reasonably believed they were chasing someone guilty of committing a forcible felony, as defined here
   
3. were acting pursuant to their department’s written policy on high-speed pursuits, and had received training on the policy.

It’s impossible to say from the article whether Law was following his department’s car chase policy or reasonably believed the suspect had committed a forcible felony. However, if the witnesses are right that Law was speeding without using his sirens or lights, I believe Sanzare’s Fort Lauderdale car wreck lawyer could make a compelling case that he was acting with reckless disregard for safety. As I have noted here before, speeding is a common cause of car crashes. In fact, emergency vehicles have lights and sirens specifically to tell other drivers that they should get out of the way because a speeding vehicle is coming. A jury could reasonably decide that failure to use those tools met the requirements of the law, by being unnecessarily and predictably dangerous.

Continue reading "Older Couple Hit by Fort Lauderdale Police Officer Pursuing Suspect With Gun" »

The Miami city commission has approved a law making it illegal to drive in school zones while sending text messages, NBC Miami reported Sept. 11. The station said the council introduced and approved the measure Sept. 10 during a meeting that was mainly about the budget. The Miami Herald said the measure was introduced by Commission Chair Joe Sanchez, who said he was inspired after seeing a near-miss firsthand. While dropping his child off at school, Sanchez said he saw another parent nearly hit a student because the parent was distracted by texting. NBC did not report any details about the enforcement or penalties allowed by the law.

As a Pembroke Pines auto accident attorney, I am pleased to see that city governments are taking this problem seriously, even if our state government does not. As the article notes, a statewide ban on texting and driving has been introduced several times in the Florida Legislature, but has never passed. The most recent version, co-sponsored by Rep. Frederica Wilson of Miami, would have been called “Heather’s Law” after a young woman who was killed in an accident on her way to meet a wedding planner. Her car was hit by a truck driver who was so distracted by text messaging that he never had time to brake. Also not passed during that session was a bill that echoes the Miami ordinance -- it would have outlawed talking on cell phones while driving in a school zone.

Despite the reticence of the Florida Legislature, momentum is growing nationwide for a ban on texting while driving. In fact, four Senators have introduced federal legislation that would deny states access to federal highway funds unless they make laws banning texting while driving. As a Plantation car crash lawyer, I happen to know that similar top-down federal legislation is responsible for several other driving-related rules that are now uniform across the U.S., including the legal age for drinking, speed limit laws and the 0.08% legal limit for blood-alcohol content. The federal texting and driving legislation came on the heels of research by the Virginia Tech Transportation Institute showing that texting while driving increased the chances of an accident by 23 times, at least for the drivers in that study, and took their eyes off the road for an average of five seconds at a time.

Continue reading "Miami Passes Ordinance Making Texting and Driving in School Zones a Crime" »

I wrote last week about a drunk driving accident in which an allegedly drunk driver hit and killed a motorcyclist in Miramar, dragging him nearly 200 feet before stopping. Despite having a BAC of 0.236, nearly three times the legal limit, driver Robert Jones was driving his stepdaughter to school -- and after the crash, he tried to continue the journey by foot. The Miami Herald followed up on that story Sept. 11 with another surprising and disappointing piece of news: Jones had a valid Florida license even though he was wanted in Maryland for failing to appear in court on another DUI case.

According to the Herald, Jones was on probation in Cecil County, Maryland after serving ten days for driving under the influence and leaving the scene of an accident involving bodily injury. He apparently violated his probation, an offense for which he was supposed to attend a hearing in late 2006 -- but left the state instead. About four months later, he arrived in Florida and applied for a special Florida-only driver’s license using an apparently valid license from Delaware; the DMV does not check criminal records. After Jones was arrested for the Miramar crash, Broward County officers did not find any warrants for his arrest. Nonetheless, Jones is languishing in Broward County jail with nine charges against him, including DUI manslaughter.

As a Lauderhill car accident lawyer, I am not surprised to see that this driver has a history. Statistically, a large minority of intoxicated driving deaths are caused by chronic drunk drivers with several past DUI convictions. Procedures like license checks are supposed to catch this kind of history when drivers move to a new state -- but in this case, the system in Florida failed. An official is quoted in the article saying her agency is only as good as the information provided by other states -- and she’s right. That’s why, as a North Miami Beach car wreck attorney, I would like to see a better information-sharing system between the state DMVs, or even a national licensing program, if appropriate.

Continue reading "DUI Suspect Who Killed Motorcyclist Wanted in Maryland for Drunk Driving Offense" »

As a Pembroke Pines car accident lawyer, I watch new traffic accident research and have written numerous times on this blog about the dangers of texting and driving. That’s why I was pleased Aug. 17 when I saw an article in the South Florida Sun-Sentinel about a city commissioner in Parkland, who wants to make texting while driving illegal within the city limits. Commissioner Jared Moskowitz planned to propose a law to the full City Commission on Aug. 19. It was unclear exactly how the law would work, but the article did say that there would be a fine for motorists caught breaking the law.

Moskowitz said his proposal was driven by concerns about safety; he said it’s the most dangerous thing people can do behind the wheel, aside from drinking. He believes texting while driving should be illegal throughout the state, not just in Parkland. That’s a belief shared by Democratic state Senator Ted Deutsch of Boca Raton, who has sponsored similar legislation at the state level for the past two years and expects to take it up again next year. Deutsch praised the efforts, but said Florida still needs a statewide anti-texting law. Moskowitz’s colleagues were cautiously supportive, but raised concerns about the practicality of enforcing such a law. In fact, the article said Parkland city attorney Andy Maurodis is researching whether Florida cities can even make their own traffic laws.

As a Hialeah auto accident attorney, I strongly support Mowkowitz’s (and Deutsch’s) efforts. As the article notes, a recent study I wrote about for this blog found that truck drivers were 23 times more likely to crash when they were text messaging -- in large part because their eyes were off the road for an average of about five seconds while they sent and received messages. Other results showing that texting raises the chance of an accident considerably have been found in studies that focus on drivers of passenger cars. And of course, we have far too much empirical data on the dangers of texting and driving, thanks to tragic, avoidable accidents caused by texting and driving. That includes recent train crashes in Boston and Los Angeles as well as trucking accidents in St. Louis and here in Florida, where a truck driver killed a little girl when he rear-ended a school bus while using his cell phone.

Continue reading "Broward County City Commissioner Proposes Law Making Texting While Driving Illegal" »

A two-year-old visiting Florida with her family died Aug. 8 after an accident with an alleged drunk driver, the South Florida Sun-Sentinel reported Aug. 9. Isabella Zepka and her family were visiting Orlando from Durham, N.C., to use a time-share and visit family. She was on her way home from dinner and Sea World on Wednesday when John Molnar, 36, ran a red light and hit the back of her father’s car. Isabella sustained serious internal injuries and a fractured skull; she was taken off life support Saturday. Her brother Alexander, 9, sustained a fractured skull from which he was expected to recover. Her father was not seriously injured.

According to the article, the Zepkas’ car was making a left turn when Molnar ran a red light from the oncoming lane. Officers measured his blood-alcohol concentration at 0.133% and 0.129% in two tests -- both well above Florida’s 0.08% legal limit. Officers also found a plastic bag full of cocaine under the driver’s seat of his car, resulting in an additional charge of drug possession. He told officers that he had had just one beer, the article said, but failed field sobriety tests. His driving record includes a license suspension for a 2008 DUI in New Jersey, as well as four speeding tickets and convictions for careless driving and failure to obey a traffic device, all since 2006.

My heart goes out to the family of this little girl. As a Hollywood car accident lawyer, I’m sorry to say that I regularly see accidents like these, in which alcohol played a deadly role. Drinking and driving may be illegal, but it happens every day in Florida and around the United States. According to 2008 accident statistics from the Florida Highway Patrol, drivers intoxicated by alcohol, drugs or both were responsible for 23.5% of all fatal accidents in the state -- nearly a quarter. This is an improvement over the numbers from four decades ago, but unfortunately, far too many drivers still underestimate the dangers of driving drunk. Until they take this threat seriously and modify their behaviors accordingly, our communities will continue to see senseless tragedies like this.

Continue reading "Toddler Dies in Orange County Car Crash Caused by Accused Drunk Driver " »

The Florida Highway Patrol is looking for the driver of a gold car believed to have caused a serious crash, Tampa Bay Online reported Aug. 10. The crash happened in Manatee County on the afternoon of Aug. 9, on U.S. 301. The FHP accident report said the unknown driver hit another vehicle headed in the same direction, causing a spinout that forced motorcyclist Gary Garrott, 21, into a median. The driver of the car apparently sped north, away from the accident, rather than stop. The FHP is asking anyone with information about a gold car with front-end damage in the region to contact them.

According to the accident report, the gold car was heading north on 301 when it hit a trailer pulled by a pickup truck heading in the same direction, causing a truck driven by Terry Boozer to spin from the right lane into the left lane. That intrusion caused Garrott to swerve away from the truck and into the concrete median, throwing him from his bike. Garrott was hospitalized with unspecified serious injuries and Boozer sustained moderate injuries. Neither was under the influence of alcohol. Law enforcement does not know whether the driver of the gold car was injured.

Leaving the scene of an accident is a crime in Florida and every other state, of course. It also has serious repercussions for accident victims, who are left without any insurance policy to collect from to pay for their injuries. If law enforcement cannot find the driver, victims must rely on any optional uninsured/underinsured motorist coverage they have purchased to cover their injuries. Unfortunately, as a Deerfield Beach auto accident lawyer, I have found that insurers resist making payments on these perfectly legitimate claims. Coverage for hit-and-run drivers is a standard part of UIM insurance, but all too often, insurers claim the driver was not uninsured, the accident was the insured’s own fault or some other flimsy reason to deny coverage. Often, it’s not until the victims hire a Plantation car crash attorney that the insurance company is willing to pay what it owes under its own contract.

Continue reading "Police Searching for Driver in Hit-and-Run Accident That Seriously Injured Motorcyclist" »

A little-noticed state law passed last month will send some drivers to get their driving skills re-tested, the Miami Herald reported July 10. Effective Jan. 1, 2010, the law will require drivers to repeat their driving tests if they get three crash-related moving violations in three years. The law requires both a written test and a behind-the-wheel test that is normally taken by teenagers and other first-time drivers. The goal is to stop drivers considered chronically at fault for accidents -- in essence, people considered bad drivers. Current law requires that people cited in two crashes take a written test, but it does not require practical, behind-the-wheel testing.

The law will not apply retroactively, although people who get a third crash-related ticket after Jan. 1, 2010 may have to retake their tests if the ticket is a third within a three-year period. However, the state Department of Highway Safety and Motor Vehicles has identified 3,277 drivers who would be required to retake their tests if the law were already effective. Of those drivers, 64% are white males under the age of 40; a third are under the age of 25. And 595 have at least one DUI conviction. The executive director of the DHSMV, Electra Bustle, said she believed the law would be successful if it managed to produce even one fewer crash.

As a Fort Lauderdale auto accident lawyer, I know from experience that drivers who get into serious accidents tend to have a string of other accidents behind them. That’s why I believe this law will ultimately help make Florida roads safer. Traffic citations are not ironclad proof of fault in the accident, but they are strong evidence that we use regularly in our Davie car crash lawsuits to establish who authorities believed was at fault. Auto accidents cause wrongful deaths and very serious injuries, including permanent, lifelong disabilities like brain damage. If requiring drivers with spotty records to retake the tests helps reform their behavior -- or spot dangerous drivers who should be taken off the road -- it’s worth the extra effort and inconvenience.

Continue reading "New State Law Will Require Driving Test for Floridians With Three Crash-Related Tickets" »

The Florida Department of Highway Safety and Motor Vehicles announced good news July 6: Fatal traffic accidents decreased by 6.21% in 2008. That statistic comes from the department’s annual report on traffic crashes (PDF), gathered from information from Florida’s own traffic crash database. According to the report, fatal crashes involving cars, pickups, SUVs and large trucks are down -- but pedestrian, bicycle and motorcycle crashes went up in 2008. According to the Daytona Beach News-Journal, officials at the DHSMV attribute the change in part to the bad economy, which meant fewer tourists, less driving by Floridians and slower speeds when people do drive.

High gas prices might explain the rise in accidents involving pedestrians, bicyclists and motorcycles. Fatal accidents dropped in all of those areas, but injury accidents rose -- most dramatically for motorcycle passengers, whose injury rate rose by 14.80%. Pedestrian injury accidents rose by 4.64%, bicyclists injured rose by 1.79% and motorcyclists injured rose by 4.07%. On the plus side, fatalities in Florida overall are down by 7.39%, alcohol-related fatalities are down by 6.03%, and drug-related fatalities are down by a staggering, and welcome, 32 7%. The department keeps separate statistics for teenagers, whose fatality rate dropped by 16.8% and whose overall crashes dropped by 11.1%. Perhaps most interesting to a Fort Lauderdale car accident attorney, the study lists “careless driving” as the most common contributor to all crashes, followed by alcohol, failure to yield the right-of-way, speeding and crossing a center divide.

I am happy to say that here in Broward County, many of our accident statistics maintain that downward trend, though pedestrian and bicycle accidents continued to be an exception. However, one statistic particularly important to me as a Miramar motorcycle accident lawyer -- motorcycle fatalities -- has only now evened out. Over the five years between 2004 and 2008, our county saw a steady rise in fatal motorcycle crashes, reaching its peak in 2007 with 52 deaths. That number dropped to 37 this year, a trend I hope will continue. Overall, crashes, injuries and fatalities in Broward County are down, including alcohol-related injuries and deaths.

As a Pompano Beach car crash lawyer, I’m glad to see that fewer Floridians are getting involved in crashes, even if that means fewer people need my services. Serious auto accidents are catastrophic, life-changing events for many of our clients here at Cohn, Smith & Cohn. Accidents leave victims with internal damage, head injuries, broken bones and other injuries that require months and many thousands of dollars to fully treat. During that time, victims often cannot work, making it difficult to pay for all of this health care. In some cases, the situation is complicated by an insurance company’s refusal to provide the coverage victims have already bought and paid for, requiring a time-consuming and sometimes expensive legal battle to secure benefits.

Continue reading "Report Says Florida Traffic Accident Deaths, Including Motorcycle Crashes, Decrease in 2008" »

A new law allowing police to pull over drivers not wearing a seat belt left some Florida drivers disgruntled, Florida Today reported July 1. The primary enforcement law, as it is called, is a change from Florida’s old seat belt law. Before, not wearing a seat belt could still get you a $10 ticket, but police could only write that ticket after pulling drivers over for another reason. Now, drivers can be pulled over and handed a ticket if law enforcement spots them without a seat belt on. Prices for the tickets vary, and officers issued a lot of verbal warnings on the first day of the new law, but Florida Today said the Brevard County tickets will be $104.

Many drivers interviewed by the newspaper were unhappy about the new law. One woman interviewed said she believed seat belts should be a choice for people age 18 or older. Another said she thought that because motorcyclists are not required to wear a helmet, drivers should have a choice about their seat belts. Palm Bay traffic officer Mike Veina said the point of the law is not to generate revenue from tickets -- another common complaint -- but to save lives. He pointed out that airbags, another life-saving device, can actually be harmful in slow speed-crashes because they are designed to work in tandem with seat belts. The article said that the National Highway Traffic Safety Administration, the federal agency that tracks accident statistics, estimates that about 140 Floridians a year are killed because they failed to wear seat belts.

I sympathize with the argument that adults should have the right to choose whether to wear seat belts (or motorcycle helmets). But as a Hollywood auto accident lawyer, I know all too well that a seat belt can make the difference between death or serious injury and minor injuries in a serious accident. In an accident, seat belts help prevent occupants from hitting the hard (and sometimes jagged) interior of the vehicle and from being thrown from the vehicle, which cuts down substantially on brain damage, spinal injuries and other serious injuries. The NHTSA estimates that seat belts cut the risk of death by 45% to 65%, depending on the vehicle and the passenger’s position inside it. Faced with numbers like that, I believe the smart choice is to buckle up, regardless of whether a law is forcing me to.

Continue reading "New Primary Enforcement Seat Belt Law Annoys Florida Drivers" »

A seven-month-old baby was killed when the tire on his father’s truck suddenly came apart, the St. Petersburg Times reported June 21. The baby’s father, Michelin Jones of Tampa, was driving on Interstate 4 when the tread on the right rear tire of his truck separated, the newspaper said. Jones lost control of the truck, which hit the median and rolled over three times before landing upright. The crash threw seven-month-old Indria Jones from the truck, killing him. The elder Jones was unharmed and another boy, six-year-old Drelin Pittman, suffered minor injuries. The Times said all three were wearing seatbelts -- which we hope means the children were in child safety seats.

An accident caused by tire tread separation is attention-grabbing for a Hialeah product liability lawyer like me, because it has happened numerous times before. If you drove a Ford vehicle earlier in this decade, you may remember the 2000 recall of 3.85 million Bridgestone/Firestone tires because they had a serious and potentially accident-causing defect. That defect was an unreasonable likelihood of tire tread separation, which caused drivers to lose control of their vehicles, especially at high speeds. Authorities believe the defective tires caused at least 120 deaths and several thousand serious injuries, including permanent spinal and brain damage.

There’s no evidence in the article that another widespread tire tread separation problem is about to hit the United States, of course. But if a defective tire turns out to be responsible for this accident, the family would have a strong potential South Florida defective product lawsuit. Tire manufacturers and all other manufacturers who do business in Florida are legally obligated to make sure they don’t sell dangerous products. When they fail in that duty, they are legally liable to people who are injured as a result. In a lawsuit, Floridians who are seriously hurt or lose a family member to a defective product can claim compensation for their injuries, physical pain, emotional suffering and all of the medical bills and lost income that resulted.

Continue reading "Baby Killed in Serious Rollover Accident Caused by Potentially Defective Tire" »

Last week, I wrote a bit about Cape Coral police officer Damien Garcia, who was hospitalized in critical condition after a woman turned left in front of him, causing a serious Florida motorcycle accident. I’m sorry to say that the department’s troubles were increased Sunday when another on-duty officer was hit by a left-turner, according to the Cape Coral Daily Breeze. Fortunately, Officer Robert Reese sustained only minor injuries in the accident with driver Jessica Feliciano, 29.

The newspaper reported that Feliciano attempted to make a left turn from Country Club Blvd. onto SE 10th street, into Reese’s path. The patrol car hit a fire hydrant, power pole and cable box, but Reese was not seriously injured. Nor was Feliciano. However, the newspaper said Feliciano’s passenger, 40-year-old Esther Roldan, suffered serious injuries. Feliciano was apparently driving under the influence at the time. The Florida Highway Patrol said she was charged with DUI, DUI with property damage, DUI with personal injury and driving on a suspended license.

I’m glad that this police department isn’t facing another catastrophic injury to one of its officers. However, as a Broward County car crash attorney, I hope they can use this latest experience to remind Lee County residents how dangerous drinking and driving can be. Licenses can be suspended for any number of reasons in Florida -- not just a past DUI -- but the suspended license suggests that Feliciano has had some trouble with traffic law before. With the DUI and suspended license charges pending against her, she could face jail or even prison time. She could also face a South Florida auto accident lawsuit -- if not from Reese, then from Roldan, her passenger.

If you or a loved one has been seriously hurt by a drunk driver, you have the right to hold that person legally responsible for your injuries. That’s true regardless of whether you were in another vehicle or a passenger who mistakenly trusted the intoxicated driver. Our law firm, Cohn, Smith & Cohn, can help. For more than 25 years, our Aventura car wreck lawyers have helped Floridians recover compensation after serious accidents, including compensation for deaths, permanent disabilities and serious injuries as well as payment of medical bills and other costs. To learn more about how we can help, please contact us online or call us at (954) 431-8100 today for a free consultation.

Florida law enforcement officers may soon have the right to pull over motorists they can see are not wearing seatbelts, the Orlando Sentinel reported May 4. Gov. Charlie Crist is widely expected to sign into law a bill passed by the Florida legislature allowing officers to write tickets to motorists they can see are not wearing seatbelts, even if they aren’t suspected of other traffic violations. After court costs and fees, the Sentinel wrote, the cost of the ticket is expected to be $93 to $119. It takes effect June 30.

The law converts the state’s existing seatbelt law from a “secondary” enforcement law to “primary” enforcement. In practice, this means that officers can now pull motorists over and ticket them just for not wearing belts, whereas before they could only write a seatbelt ticket if the motorist had already been pulled over for another violation. The law was the subject of debate for two reasons. Opponents argued that a primary enforcement law would encourage racial profiling by giving officers an excuse to pull more people over. Others objected to the idea of any mandatory seatbelt law at all. Adults should have the right to make their own decisions, the argument goes, even if those decisions are dangerous.

I have a lot of sympathy for freedom arguments. However, as a South Florida auto accident lawyer, I believe that drivers should voluntarily choose to wear a seatbelt, even if it is not required by law. By now, the research is clear that seatbelts save lives -- research from the federal Department of Transportation shows that proper seatbelt use cuts the risk of fatal injury in a crash by 45%, and the risk of a serious but nonfatal injury by 50%. Those numbers are for car crashes -- the protection is even greater for people in SUVs, pickups and vans. Seatbelts also keep people from being thrown out of their vehicles and from being thrown violently around the vehicle during a rollover, both of which substantially increase the chance of death and serious injuries such as brain damage.

Research also shows that moving to a primary enforcement seatbelt law really does raise the rate of seatbelt use, and substantially so. For example, our neighbors in Alabama adopted a primary enforcement law in 1999, when seatbelt use was at 58%. Two years later, it was at 79%, and in 2005, it had risen to 82%. That is, over six years, nearly a quarter of Alabamans began wearing belts after the law passed. It’s impossible to say how many of these people might have been in car wrecks, but statistics from the Department of Transportation predict that universal seatbelt use would save 33% more lives than seatbelts currently save, or more than 5,000 people every year.

The State of Florida may make some money from this new law, but as a Hollywood car crash attorney, I bet law enforcement would be pleased if everyone buckled up and they couldn’t make a dime. Car wrecks cause deaths and catastrophic, life-changing injuries. When those accidents were caused by another person’s carelessness, victims have the right to sue for all of the costs of the accident, including medical and repair bills, lost work and other financial expenses, and compensation for pain, suffering, injuries and any death or disability.

The Fort Lauderdale car wreck lawyers at Cohn, Smith & Cohn handle these claims for clients throughout South Florida. To learn more about how we can help, please contact us online or call our main Broward County office at (954) 431-8100 for a free, confidential consultation.

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 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.

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.

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.

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.

Law enforcement said speed definitely contributed to a fatal car crash in St. Petersburg early on Feb. 9. The Tampa Tribune reported that Melissa Daddio, 19, was speeding when lost control of her car at 2:10 a.m. that day while trying to pass another vehicle. The car slammed into a curb, a street sign and four other objects before flipping over and hitting the wall of a local law firm’s offices. A 20-year-old passenger was killed; Daddio and another passenger were taken to the hospital with injuries not considered life-threatening. Public records show that the driver had received three speeding tickets since 2006.

Police are still investigating the accident, the article says, and it would be inappropriate to lay blame without all the facts. But this case is a good illustration of the sad but true fact that speeding can kill. According to a study of 2007 traffic accidents by the National Highway Traffic Safety Administration, speeding is a factor in 24% of all fatal crashes of passenger cars, 19% of fatal light truck crashes and 36% of fatal motorcycle crashes. Drivers who speed are also statistically more likely to be intoxicated by alcohol and less likely to have a valid license or use seat belts. And unfortunately, drivers under the age of 25 are also more likely to speed.

As a motorcyclist, I understand the temptation to speed. But for a Pembroke Pines car crash attorney, it’s also easy to understand why speeding is so frequently deadly. When a vehicle is going very quickly, its driver has less time to react to unexpected obstacles and less margin for error when making basic maneuvers like turning or passing, as in this crash. It also takes longer to stop a fast-moving vehicle, which means that cars take longer to brake, increasing the distance the car travels before it can stop. Under those circumstances, seat belts and airbags can only do so much. Even when they’re restrained, occupants of the vehicle are more likely to be killed or sustain catastrophic injuries like brain damage, paralysis and severe burns.

These injuries are a tragedy no matter what the circumstances. But when they are the result of someone else’s bad decisions or carelessness, victims have a right to hold that person legally responsible with a South Florida auto accident lawsuit. A legal claim can help victims hold careless people legally and financially responsible for their actions, compelling them to pay the medical bills, repair bills and other costs of the accident they caused. It can also help victims win compensation for their non-financial injuries, such as loss of a loved one, permanent disability, inability to work, physical pain or emotional anguish. Cohn, Smith & Cohn has helped many clients in this position win the money they need to get good care, make ends meet and eventually move on from a serious accident.

At Cohn, Smith & Cohn, our experienced Coral Springs car accident attorneys offer free consultations, so there’s no risk in talking to us about your case and your options. To set up a free evaluation of your case, please contact us as soon as possible using our online form or call (954) 431-8100.

A preliminary traffic statistics report from the Florida Highway Patrol shows a substantial dip in the number of fatal accidents in our state, the St. Petersburg Times reported Jan. 28. The 2,986 deaths Florida saw last year is the lowest number of traffic fatalities in at least eight years, the agency said, lower even than the 2000 toll of 2,999. Since that year, a release from the Florida Department of Highway Safety and Motor Vehicles says (PDF), the state’s population has grown by nearly 18%, suggesting a substantial per-capita decline.

The decline holds even for motorcycle accident deaths. As I have written here before, fatal motorcycle crashes have about doubled nationally over the past decade. And according to the St. Petersburg Times article, the number of fatal motorcycle accidents in Florida more than doubled in this decade, from 227 in 2000 to 517 in 2007. To explain this, authorities point to a combination of increased popularity for motorcycles, a trend toward older riders and the repeal of helmet laws in many states. But for 2008, the article said, the new Florida report projects an 8% decline over 2007’s fatal Florida motorcycle accident numbers.

The Times suggested that in addition to better driver education and enforcement, the bad economy may play a part in the decline in fatalities. This theory suggests that rising gas prices and unemployment may have forced many people to drive less or find alternate forms of transportation. If so, it’s a welcome silver lining to our economic problems. We drive so much that it’s easy to forget that traffic accidents can be very serious, but in fact, they are responsible for thousands of deaths and tens of thousands of injuries each year in Florida. Serious car crash injuries include spinal damage, brain injuries, amputations, multiple fractures and very severe burns.

These are catastrophic, life-changing injuries -- and all too often, they’re also very expensive, slamming victims’ families with tens or hundreds of thousands of dollars in unplanned medical bills and lost wages. To recover these and other costs caused by another driver’s negligence, victims can file a Florida auto accident lawsuit. Cohn, Smith & Cohn has more than 25 years of experience helping victims of serious car, truck and motorcycle accidents in South Florida. If you or someone you love has been seriously hurt in a Florida car crash, we can help. To set up a free evaluation of your case with our experienced attorneys, please contact us online or call us at (954) 431-8100.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

The family of a former Polk County commissioner who was killed in an auto accident last year has filed a wrongful death suit, the Lakeland Ledger reported Jan. 13. According to the article, Marlene Duffy Young was killed in May when an oncoming driver crossed the center line and hit her vehicle head-on. The driver, William Boyd Johnson, was also killed, and Young's husband and adult daughter were hurt. Blood tests on Johnson revealed that he had a BAC of .077 (just under the legal limit), as well as Valium and cough medicine in his body.

The wrongful death lawsuit names Johnson's wife as a defendant, but it also names State Farm, the Young family's auto insurer, and their insurance agent. According to the article, the Youngs are suing State Farm and the agent because the agent allegedly ignored their request for "stacked" underinsured motorist auto insurance. The Johnsons did not have enough insurance to cover the costs of the accident, and the Youngs contend that State Farm is wrongfully refusing to make up the difference, as it would be required to if the insurance had been stacked as they had requested.

"Stacking" your auto insurance means that the upper limit of your insurance policy increases by the number of cars you are insuring. For example, let's say you have uninsured/underinsured motorist coverage with limits of 50,000/100,000. If you have two cars and you do not choose to stack, the limit is 50/100 on each car. But if you choose to stack, the insurance limits double to 100/200. If you have three cars, they would triple to 150/300. This increases your premium, of course. As you can see, this could make a substantial difference to a family like the Youngs, who had three of its members in the hospital at the same time after the accident. The cost of treating even one very serious injury can easily reach six figures.

The Youngs claim that State Farm wrongfully refused to provide the materials necessary to sign them up for the stacked coverage despite their request. Unfortunately, that is not an unrealistic claim. Despite what many people think, insurance companies are not here to help their customers -- they're here to make a profit, like all businesses. When insurance companies have to pay out a very large benefit, some of them look for excuses to avoid it, even when their own contract clearly obliges them to pay. This is called insurance bad faith, and as a breach of the contract you and the insurer both signed, it is illegal.

As a Broward County auto accident lawyer, I advise my clients to treat insurance adjusters politely but never sign, record or admit anything that makes them uncomfortable. And whenever necessary, I vigorously defend my clients from insurance bad faith and other unfair or illegal maneuvers by insurers. If you or someone you love has been victimized twice by an auto accident and an insurance company that won't do the right thing, my firm, Cohn, Smith & Cohn, can help. To set up a free consultation on your legal rights and your options, please contact us online or call (954) 431-8100.

Millions of drivers could be driving on tires that are likely to blow out without warning due to a safety defect. Tire valve stem manufacturer Dill Air Control Products announced Dec. 9 that it is recalling millions of tires with the defective stems, which were sold with cracks. About 200,000 tires are implicated in the recall, but because the manufacturer doesn’t know which ones are which, about two million are included in the recall. The affected tires were sold between November of 2006 and July of 2007 and should have the word “DILL” stamped on the cap of the valve stem (the area where drivers inflate their tires). If you have these tires, you can visit the retailer that sold you the tires for a free inspection and possible replacement. Detailed instructions and more information are here.

Unfortunately, the recall comes after a blowout blamed on a defective valve stem claimed the life of a Florida man. According to Orlando television news station WESH, Robert “Chip” Monk died in 2007 when a tire on his car blew out unexpectedly on Interstate 75. Blowouts can cause motorists to lose control of their vehicles, especially at highway speeds, leading to a serious accident. Monk’s wife, Sara Monk, hired an attorney who traced the cause of the accident to a defective tire valve stem imported from China. Dill Air Control Products admitted to Monk’s attorney that it knew about the problems in the summer of 2007, but did not tell federal regulators or the public until May of 2008. Sara Monk has sued.

This story is a sad example of the tragedies that result when we trust cars and auto parts that turn out not to be so trustworthy. Even the most careful drivers can’t avoid serious accidents if they’re driving with vehicles or parts that betray them. And when manufacturers fail to report problems, due to embarrassment or concerns about profits, they betray their customers a second time. Federal regulators are charged with investigating defects and ordering a recall whenever necessary, but unfortunately, they cannot be everywhere. Even so, thousands of consumer products are recalled each year, including cars and trucks and their parts and accessories, such as child safety seats.

Because of the risk that manufacturers will choose profits over customer safety, Florida laws hold manufacturers strictly liable for injuries caused by safety defects in their products. A Florida defective products lawsuit holds manufacturers legally and financially liable for the injuries they cause, including wrongful deaths and permanent disabilities. It can also help compensate victims for the losses they’ve sustained, including financial injuries like repair costs and missed work, as well as emotional losses like the loss of a loved one’s love and care. If you or someone you love has been hurt by a defective product and you’d like to learn more, you can contact my firm, Cohn, Smith & Cohn, for a free consultation.

A new study by the University of Utah confirms what Florida car accident lawyers have known all along: Talking on the phone while driving is more dangerous than talking to a passenger. The study used drivers between the ages of 18 and 26, using a sophisticated driving simulator that mimicked highway traffic conditions. The drivers were divided into three groups: Drivers using a hands-free headset to talk on the phone, drivers talking to a “passenger” in the next seat and drivers who didn’t talk at all. All three groups were instructed to leave the highway at a specific exit, and the talkers were asked to tell their conversation partners about a near-death experience they’d had.

The results: About half of the drivers who were talking on the phone missed their exits, while only one-eighth of those with passengers did. (The study found no substantial differences between drivers talking with passengers and silent drivers.) Speaking to the Washington Post, the study’s authors suggested that this could be attributed to “inattention blindness,” in which the brain literally cannot process as much visual information because it’s performing another cognitive task. In a separate press release, they also suggested that talking on the phone could limit a driver’s memory of which exit to take. And they pointed out that a passenger present in the car can drop or change the conversation to help the driver focus, which may also be a factor.

The state of Florida doesn’t currently have any laws forbidding drivers from talking on the phone, either with a handset or with a hands-free headset, although some lawmakers have considered it. But even if there’s no ticket or criminal penalty, talking on the phone while driving could still harm drivers involved in a Florida auto accident lawsuit. If research like this continues to show that drivers on the phone are actually impaired, it could be strong evidence in court that the driver was behaving carelessly or recklessly. And if that’s proven, drivers who were using a phone or other device during an accident could face substantial legal liability.

Perhaps even more importantly, hanging up the phone while you drive can help you avoid being part of a serious auto accident in South Florida. Car crashes cause deaths and very serious injuries, including brain damage, spinal injuries and serious burns that can cause lifelong scars. If hanging up for 30 minutes can help avoid these kinds of tragedy, I believe that’s a sacrifice worth making. If you or someone you care about was involved in a serious Florida auto accident caused by someone else’s carelessness, you have the right to hold that person legally and financially responsible for the results. For a free consultation with the experienced attorneys at Cohn, Smith & Cohn, please contact us today.

Three Florida metropolitan areas top the list of cities where teenage drivers are most likely to crash during the holidays. A study released Dec. 3 by Allstate Insurance identified the top 10 deadliest metropolitan areas for teen drivers during the holidays, as measured by the number of teens who crash between Thanksgiving and New Year’s Day. The study used the insurer’s own claims data as well as federal crash statistics and data from the U.S. Census Bureau.

The results showed three Florida metro areas topping the list of the most dangerous cities. The Tampa-St. Petersburg-Clearwater area topped the list, followed by Jacksonville and then Orlando-Kissimmee. Other metro areas on the list included Kansas City, Birmingham, Ala., Phoenix and Las Vegas. By contrast, the safest city for teens to drive in during the holidays was Salt Lake City, followed by the San Francisco, Cleveland and Portland, Ore. metro areas. More details are available in MS Excel form here. Pointing out that traffic crashes are the leading cause of death for teenagers, Allstate called for teens to pledge to drive safely during the holidays and for states to adopt graduated driver licensing laws, if they have not already done so.

Allstate is right to be concerned about teen drivers, who have less experience than adult drivers with driving in general, alcohol and the challenges of driving in bad weather. But accidents during the holidays should be a concern for drivers of every age. Police agencies set up sobriety checkpoints on holidays for a reason; the probability of intoxicated driving goes up when drivers are going to holiday parties and taking time off work. Unfortunately, teens aren’t the only ones who make bad decisions about alcohol and driving. And when drivers of any age get behind the wheel after drinking (or using drugs), they’re running a substantially greater risk of being involved in accidents that can hurt or kill them and the innocent drivers around them.

As a Florida auto accident lawyer, I encourage drivers of all ages to take traffic safety seriously during the holidays, even if that means turning down one last drink or catching a ride home with someone else. Car and truck accidents can cause wrongful deaths and very serious injuries, including brain damage, severe burns and paralysis. Under those circumstances, it’s hard to feel merry. If you or someone you love has been hurt in a car crash you believe was someone else’s fault, Cohn, Smith & Cohn would like to help. Contact us today for a free consultation on your rights and your case.

The Miami Herald reported an auto accident with an unusual twist: The accident spilled pesticides and rat poison all over the highway. The vehicle involved was a pickup truck, which rolled over for reasons not specified by the newspaper. The spill closed westbound lanes of Interstate 595 for an hour while workers cleaned it up. Fortunately, the man’s injuries were not life-threatening.

Those of us who live in South Florida have another reason to be thankful: The spill didn’t do any lasting damage to the environment or the roads we use every day. Under different circumstances, a spill of a toxic material like rat poison could become a major disaster. Toxic spills aren’t just harder to clean up; they’re also dangerous for everyone in the area, regardless of involvement with the accident. A spill involving the local water supply could make drinking water and farmland unsafe for weeks or longer, not to mention the effects on wildlife. Statistics on toxic spills are difficult to track down, but according to the Federal Motor Carrier Safety Administration, about 11% of accidents with large commercial trucks -- semis, tractor-trailers or 18-wheelers -- involve a spilled load of any kind.

It’s also worth noting that a rollover accident is surprisingly common for pickup trucks like this one. By now, most people know that SUVs are unusually likely to be involved in a rollover accident, even during normal driving. What you may not know is that pickups are right behind them in the rollover rankings, representing 27.8% of all fatal rollovers in 2006. (SUVs represented 35.1%.) Both are part of a category of vehicles the federal government calls “light trucks.” Rollovers are so feared because they expose drivers and passengers to very serious risks. In a rollover, vehicle occupants are thrown around the inside of the cabin, exposing them to brain and spinal injuries from the impacts, as well as puncture wounds from deformed or broken metal and glass. If they are not wearing seat belts, they may also be thrown from the vehicle, causing death or very serious injuries.

Traffic accidents are so common that many of us have forgotten just how dangerous they can be. Unfortunately, a car crash can be a life-changing event, killing its victims or causing brain damage, spinal injuries and other injuries that lead to permanent disability. If the accident was caused by another person’s careless behavior, victims have the right to hold that person legally responsible with a Florida auto accident lawsuit. The Pembroke Pines law firm of Cohn, Smith & Cohn has substantial experience with these claims, including claims for serious medical conditions. If you’d like to speak with us to learn more about your injuries and your legal rights, please contact us today to set up a free consultation.

The widow and three daughters of a North Miami Beach police officer killed in an auto accident won $8.07 million in a Florida auto accident lawsuit Dec. 6. As the Miami Herald reported, the lawsuit stems from an accident that took place in the summer of 2004 here in Pembroke Pines. The victim was driving west on Pines Boulevard when a young woman on a side street ran a stop sign. To avoid hitting the other car, the victim swerved, landing in a drainage ditch by the side of the road and crashing into a palm tree. He was thrown from the vehicle and died in the hospital seven days later.

The victim’s family sued the other driver for her negligence in running the stop sign. It also sued the Florida Department of Transportation for adding a drainage ditch and royal palm trees by the side of a road where the speed limit exceeded 50 mph. This violates FDOT’s own safety rules, the suit claimed. At trial, the jury apportioned 55% of the blame for the accident to the young woman and 15% to FDOT, leaving 30% of the fault for the victim himself. The original jury award of $11.5 million was thus reduced by 30%, to $8.07 million.

This case is a good reminder that the causes of Florida auto accidents sometimes go beyond mistakes by the humans behind the wheel. Accidents caused by bad roads are rare compared to accidents caused by bad driving, but they absolutely do happen. Roadways may be defectively designed if they offer drivers an insufficient view of other vehicles, don’t contain needed traffic signals or have other problems, as in this case. They can also be defectively maintained because of weather, debris, construction or other hazards left in the road for an unreasonably long time. In either case, the culprit is not the other driver but a state, local or federal agency, which may have substantially more resources than most drivers.

Florida wrongful death lawsuits are hard, because no amount of money can truly compensate a family for the loss of a loved one. But financial penalties are how the civil courts punish serious wrongdoing, including wrongdoing that takes a life. Many times, survivors also face many practical financial problems in the wake of a death, including the unexpected loss of an income, steep medical and funeral bills and other costs they never planned for. And of course, a Florida auto accident lawsuit also allows victims to claim compensation for emotional injuries caused by the sudden and irretrievable loss of someone they loved. If your family has been victimized in this way and you’d like to learn more, please contact Cohn, Smith & Cohn today for a free consultation.

A family in the Tampa area is upset after employees of the dealership that was supposed to repair their car got it involved in an auto accident in St. Petersburg. Tampa Bay’s WTSP reported Dec. 10 that the Fisher family is asking for a new car after Crown Honda dealership employees involved their Honda Civic in an accident while test driving the vehicle. The family had brought in the car to investigate a “check engine” light and signed a standard form allowing the dealership to test drive it. That’s what the dealership says it was doing when another driver ran a red light and smashed into the car, doing $7,000 worth of damage.

No injuries were reported, fortunately, and the article does not suggest that the dealership employees were at fault for the crash itself. However, on hearing about the accident, the family immediately noticed that the time of the accident was 10:21 p.m. Asked what the employees were doing with the vehicle so late, the dealership admitted that they took it to an after-hours flag football game, to check for problems as they drove. The dealership says it frequently sends technicians home with vehicles in for repair, in order to see if they can reproduce the reported problems, and that it notifies its customers when it does this. The Fishers claim they got no such notification.

Regardless of the legalities, full disclosure seems like the best policy if dealerships plan to take repair cars out after hours. But depending on the circumstances, the dealership might also be liable in any Florida auto accident lawsuit the Fishers choose to file. The article notes that the mother of the family signed a waiver authorizing a test drive -- but she doesn’t feel that the 10 p.m. football trip counts as a test drive. A jury might agree, especially if the language of the waiver was misleading or there’s evidence that “test drives” generally take place during business hours. It’s hard to say without more information than the article could provide.

However, what is clear is that the Fishers still have a claim against the driver who ran the red light. In Florida and other states, it doesn’t matter whether the car is borrowed; a driver who causes an accident is still liable for any damage and injuries. If the at-fault diver is uninsured, victims may still be covered by their own UM/UIM or comprehensive auto insurance, even if none of the insureds were driving. If insurers refuse to pay these legitimate claims, Cohn, Smith & Cohn can help accident victims file a Florida auto accident lawsuit to claim the settlement that’s rightfully and legally theirs. If you’re in this situation and would like to speak to an experienced Florida attorney about your options, please contact us to set up a free consultation.

A medical study published in the Archives of Ophthalmology found a link between Florida's mandatory vision tests for older drivers and fewer fatal car crashes. According to MedPage Today, doctors from the University of Alabama found a 17% decline in fatal crashes involving drivers age 80 and older in Florida, after a 2004 law required them to take a vision test every time they renew their licenses. Statistically, older drivers are involved in more collisions per miles traveled, and they are a fast-growing group, both in Florida and nationwide.

The study used data from the National Highway Traffic Safety Administration, a federal agency that studies traffic accidents nationwide, to compare Florida car crash fatality rates from before (2001-2003) and after (2004-2006) the law took effect. To rule out confusion caused by population changes, they adjusted their results for age, race and sex. They also compared the Florida numbers to numbers in Alabama and Georgia, neither of which had a similar law during the time period under study, and neither of which showed a significant change in fatal accidents involving older drivers.

The researchers found that while overall Florida car crash fatalities actually increased 6% after the vision testing law took effect, fatalities involving drivers 80 and older declined 17%. However, they did not find that the law had directly caused the decline in fatalities. The study noted that only 6.7% of the older drivers had their license renewal denied for any reason, including passing the vision test. Other possible explanations the researchers identified for the decline:
• More than three-fourths of the drivers who failed got vision care that helped them pass when they retook the test.
• Drivers who knew they would not pass could have declined to take the test at all.
• Human testers may have identified problems not related to vision in some drivers.
• The results may have been part of a larger trend unrelated to vision testing.

The article notes that other research has suggested older drivers may have other medical or cognitive problems contributing to their higher rate of accidents.

Mandatory testing for older drivers is a sticky subject in Florida, given our population of older folks and retirees. I am sympathetic to the idea that there's a fine line between sensible public safety measures and age discrimination. As the article notes, more research is needed to definitively identify what causes the statistically higher accident rates for older drivers -- not just the factors that correlate with it. Taking away a person's driver's license should not be done lightly, given the very real issues of practicality and self-sufficiency that it raises.

However, a decline in fatal accidents in any group is something to cheer -- especially if it goes against the overall trend, as in this case. As a Florida auto accident lawyer, I have personally seen that car crashes cause wrongful deaths, brain damage and other life-changing injuries. If this law does nothing else but identify folks who need to get new glasses or contact lenses, it's still a good law. If research turns up evidence that people from all age groups could benefit from mandatory vision testing, or that older folks should have a different kind of intervention, I would support laws on those as well.

If you've been seriously hurt or lost a loved one in a car accident in South Florida, please contact my firm, Cohn, Smith & Cohn, for a free consultation on your rights and your case.

The Tampa Bay Tribune recently ran a truly tragic story about a fatal pedestrian accident in St. Pete Beach. A man and his wife were walking to the store when they were hit by a van that swerved onto the sidewalk for no obvious reason. The man survived; the woman died, leaving behind her husband and three children, as well as a mother in the Tampa area. Blood testing showed that the driver of the van had four prescription drugs in his system, including Valium and Xanax. He told police that he was not under a doctor's care. But after two doctors decided that the levels of the drugs in his system weren't high enough to impair him, the prosecutors in the case declined to charge the driver with any crime. He has received only a ticket for reckless driving.

I can only imagine how difficult it must be for this family to live with this situation, and to accept the prosecutor's decision in this case. My heart goes out to them. I am not a criminal lawyer and it would be inappropriate to judge the driver's criminal culpability, especially since the article couldn't have included all of the relevant facts. But as a Florida wrongful death attorney, I do know that sometimes the civil courts can do a job that the criminal courts cannot or will not. Families may not be able to file criminal charges over a prosecutor's objections, but they do have the right to pursue a wrongful death lawsuit.

A wrongful death lawsuit cannot bring victims of a wrongful death back, although we wish it could. Instead, it seeks to hold wrongdoers legally and financially responsible for their actions. By taking them to court, families who have lost a loved one unexpectedly can hold wrongdoers accountable under the law and sometimes prevent other families from experiencing the same loss and anguish. They can also help to replace an income unexpectedly lost, and the cost of household help, like baby-sitters, that might be necessary if the victim is a young parent, as in this case. And finally, a Florida wrongful death lawsuit also allows victims to claim compensation for the loss of their loved one's care, companionship, love and other emotional benefits.

Because a lawsuit isn't seeking to put anyone in prison, the burden of proof is lower in a wrongful death lawsuit than it would be in a criminal case. That means families may file a wrongful death claim even when there is no criminal prosecution, as in this case -- although families can and frequently do pursue both kinds of case. If you've lost someone you care about through another person's carelessness or illegal behavior and you’d like to learn more about your options, my firm, Cohn, Smith & Cohn, would like to help. Contact us today for a free consultation.

A woman in the Orlando area was killed in late October when she was hit by a man in an SUV. According to the Orlando Sentinel, the victim and her husband were riding across the Granada Bridge in marked bike lanes when she was struck from behind by the driver. Her husband was not injured and the driver stopped at the scene.

With so many people seeking alternative transportation in this time of rising gas prices, this sort of accident bears attention. It's worth noting that the victim was in the bike lane -- right where she was supposed to be -- and that she was struck from behind. According to a study of Orlando-area bike accidents (PDF) by a partnership of regional transport agencies, only 5% of fatal bicycle accidents happened when the cyclist was in the bike lane, and even fewer were rear-end accidents. Judging only by this very short article, it looks like the problem was in the SUV.

Finding the correct lane and staying in it protects everyone -- car, truck, motorcycle, bicycle and pedestrian -- from serious accidents. The difference is that bicyclists don't have heavy gear, seatbelts or airbags to protect them. They still have the responsibility to take care -- the Orlando study notes that intoxication and lack of lights at night are factors in multiple cyclist fatalities -- but drivers have a responsibility to take care too. Florida has generous bicycling laws that require drivers to leave three feet at the side of the road for cyclists, not counting gutters, and allows them to cross a center line to do it. Sharing the road in this way only takes an extra moment and could prevent a deadly accident like this one.

If you were hurt in a bicycle accident with a careless motorist, you have the right to hold that person responsible for the results -- medical, financial and personal. The Florida bicycle accident lawyers at Cohn, Smith & Cohn can help. To learn more about your legal options, please contact us today for a free consultation.

A bereaved husband insists that "road rage" was responsible for his wife's fatal motorcycle crash in Volusia County Oct. 18. Susana Marques of Caracas, Venezuela was visiting our country as part of the Latin American Motorcycle Association. According to the Daytona Beach News-Journal, they were on their way to a Biketoberfest event in Deltona, riding in a group of about 50, when a woman in an SUV entered the bikers' lane, forcing Carlos Marques to hit the brakes. He and his wife were thrown from their bike. Susana Marques died at a hospital later; Carlos Marques was injured.

The road rage allegations pit the club against the Florida Highway Patrol. The bikers say the woman in the SUV repeatedly cut into their lane, intentionally forcing them to brake; the FHP claims the cause of the accident was the lack of time Carlos Marques had to brake. In my opinion, as a long-time motorcyclist and an experienced Florida motorcycle accident lawyer, the FHP's statement is a bit like being told a death was caused by the victim ceasing to breathe. He clearly didn't brake in time -- the question is why. The motorcycle club rides with video cameras that may hold the answer to that question, fortunately.

The FHP also pointed out that the bikers were riding in the left lane in violation of Florida law. While this might be an explanation for the road rage the club alleges, it is in no way an excuse -- particularly since that law is not consistent across the United States and routinely ignored even by Floridians. Intentionally cutting someone off is a dangerous and irresponsible way to drive. When it causes a death or a serious injury, it might also be a crime. My heart goes out to the Marques family and the entire club.

Bikers are generally sensitive about aggressive behavior by drivers of cars, trucks and SUVs, and there are good reasons for it. One is that a motorcyclist will almost always sustain the more serious damage in an accident with a car, simply because of the weights of the vehicles and the biker's lack of a steel cage. The other is that some drivers really do have a personal problem with motorcycles, because of outmoded stereotypes or misconceptions about how the law applies to bikes. But neither is an acceptable reason to use your car as a weapon. If you're a biker who's been seriously hurt in an accident with an irresponsible cage, you may be able to win compensation for your injuries and costs. Contact us at Cohn, Smith & Cohn to discuss your accident and your legal rights.

This week (Nov. 10-16) is Florida Spinal Cord Injury Awareness Week, and the South Florida Sun-Sentinel noted the date with an inspiring article on former auto racer Darrell Gwynn. Gwynn, a National Hot Rod Association champion and son NHRA champion Jerry Gwynn, was paralyzed in 1990 in a racing accident. He also lost his left arm in the crash.

However, Gwynn declined to let his injuries stop him from living his life. After spending more than six months in hospitals and eventually recovering from his accident, he took on the responsibility of managing his racing team. In 2002, he started the Darrell Gwynn Foundation, a nonprofit organization for people with spinal injuries. In addition to providing wheelchairs and other medical equipment to those who can't afford them, the foundation helps to fund research to cure spinal injuries and teaches young people how to avoid a serious spinal injury. In fact, it was the foundation that successfully lobbied our state legislature to recognize Florida Spinal Cord Injury Awareness Week.

Gwynn told the Sun-Sentinel that he has two great passions in his life: racing and fishing. He combines those passions by helping to run the Hot Rods & Reels charity fishing tournaments, two Florida events that bring together recreational anglers with NASCAR drivers. One, at Homestead-Miami Speedway, will take place this Saturday, Nov. 15. The funds it raises benefit the Darrell Gwynn Foundation as well as Speediatrics, an organization that aims to ease children's stays at two Florida hospitals by adding racing themes to their children's wards.

Spinal cord injuries are extremely serious, life-changing injuries. The spinal cord is an essential part of the human nervous system, and when it's damaged, the victim can be partially or completely paralyzed. That means becoming wheelchair-bound, relearning some of the most basic tasks of life, and sometimes having to change or abandon a career. It also means lifelong medical care and a higher risk of certain medical problems. If the injury was caused by someone else's carelessness, victims can and should hold that person legally responsible for the results with a Florida spinal cord injury lawsuit. If you'd like to speak with an experienced Florida attorney about making this type of claim, please contact my firm, Cohn, Smith & Cohn, as soon as possible for a free consultation.

A worker helping to widen the Florida Turnpike was hurt recently in an unusual accident with a vehicle that failed to slow. According to the South Florida Sun-Sentinel, the worker was standing in the northbound lanes when a pickup truck in the southbound lanes slammed into the concrete median. The impact threw a sign leaned against the median on the northbound side into the worker's legs, causing a compound fracture. Fortunately, no one was killed.

As I wrote here in September, Florida is not seeing enough compliance with our Move Over Law, which requires driver to slow down substantially, and move over a lane when possible, when emergency vehicles are at the side of the road. Construction crew members are not emergency workers, but the principle is the same. Indeed, FHP Lt. Roger Reyes told the Miami Herald that this accident illustrates the importance of slowing down for people at the side of the highway. That includes ordinary folks dealing with a flat tire or another emergency. It's a small courtesy that makes a big difference to the people on the side of the road and possibly also to you.

As a Florida auto accident lawyer, I also noted with interest that the driver of the pickup truck was cited for careless driving and for driving with a suspended license. When my clients tell me about their conversations with auto insurance companies, they often mention that the claims agent asked if anyone at the accident got a ticket, or was cited or arrested. They're interested because a ticket shows that the police thought there was careless, reckless or illegal behavior involved in the accident, and that makes it easier to determine who was at fault. It can also be an important factor in a Florida car crash lawsuit.

Car wrecks can be devastating, causing deaths and permanent brain damage, paralysis, severe burns and other life-changing injuries. If you were hurt in a crash caused by someone else's careless behavior, you have the right to sue that person for financial compensation for your costs and your injuries. To learn more about your rights as an accident victim, you can contact our firm, Cohn, Smith & Cohn, for a free consultation.

The South Florida Sun-Sentinel ran a short article recently on a jury's award to a woman who was involved in an accident with an uninsured driver. According to the article, the plaintiff in the case was rear-ended by an uninsured driver on Military Trail in West Palm Beach, causing neck and back injuries. The plaintiff had uninsured motorist insurance, but according to the article, her insurer refused to pay that part of her claim, making a settlement offer her lawyer called "exceedingly low." Instead of accepting that settlement, which would have barred any more payments from her insurer from the accident, the plaintiff filed a lawsuit against her insurance company and recovered far more.

This story underscores one of the most basic and important tenets of Florida auto accident litigation: Do not trust the insurance company. Insurance companies, like all businesses, like to avoid spending money, and paying a claim from a serious accident costs serious money. For some victims, that means the insurer will find weak or trumped-up reasons to deny their claims, even if they've faithfully paid their premiums and even if they clearly have the coverage. Uninsured/underinsured motorist claims are especially notorious as likely candidates to be unfairly and illegally denied, especially if it was a hit-and-run driver, who legally counts as an uninsured driver but frequently is not treated as one.

This is an especially big problem because uninsured motorists are unlikely to have enough money to pay the costs of the accident themselves. It doesn't help that the uninsured or hit-and-run driver is often at fault for the accident, as in this case. The victims of these accidents are essentially victimized twice in this situation -- once by the careless drivers who hit them and again when their insurance company breaches its own contract. Often, they have no choice but to file a Florida car crash lawsuit to recover the money they need to pay for medical treatment, car repairs and other costs of the accident.

While I am pleased that Florida juries see through insurers' dirty tactics, I'm disappointed that drivers are continually forced into court to get what they're legally owed. A car wreck is already a traumatic, expensive and sometimes life-changing experience; victims don't need to fight red tape too. If you were hit by an uninsured, underinsured or hit-and-run driver in South Florida and you're facing this situation, you have rights. Contact our firm, Cohn, Smith & Cohn, for a free consultation to learn more about them.

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

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

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

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

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

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

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

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

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

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

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

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

The three adult children of a woman killed by a truck's improperly secured cargo won $1.7 million recently in a wrongful death lawsuit, the South Florida Sun-Sentinel reported. Claudia Avila was a passenger in a car traveling on Interstate 95 more than four years ago when a flatbed truck carrying a load of metal plates lost part of its cargo, sending a 34-pound metal plate crashing through the windshield in front of Avila. She was on life support with severe head injuries for more than a month before her death.

Despite the severity of the accident, the truck carrying the metal plates apparently did not stop; it took investigative work by the family's lawyer to uncover the names of the companies involved in the accident. The trucking company and the scrap metal company it delivered its cargo to settled with the family, but the manufacturer of the metal plates opted for a trial, where it was found liable for improperly securing the plates and hit with a $1.7 million judgment.

Florida wrongful death lawsuits are always hard. There is no doubt in my mind that Avila's children would rather have their mother back than this money. But because they cannot, I am glad to see that they and their lawyer have managed to track down the people at fault and hold them legally responsible for this accident. A wrongful death lawsuit can help them in small ways, by paying them back for the costs of the accident, including the costs of intensive care and a month of life support. It can also compensate them for the incalculable loss of their mother's love, support and advice.

And, I hope, it may even prevent future accidents by bringing home the importance of safety to those who carry heavy loads up and down our nation's highways every day. Most of us don't think about poorly secured cargo when we think of Florida trucking accidents, but loads that shift or drop off in transit can cause deadly accidents just like this one.

If you or someone you love has been wrongfully killed in an accident in Florida, contact Cohn, Smith & Cohn today for a free consultation about your case and your rights.

The Miami Herald reported some good news recently: Police have found and criminally charged a man responsible for running down a young mother in front of her family and a friend, then leaving the scene. Jose Santiago was arrested in mid-August for the January 7 hit-and-run, in which he hit Ana Iris Perez-Hernandez as she crossed the street to meet a friend, in front of the day-care center where her husband and six-year-old son were waiting.

An important piece of evidence in the case was a container of spaghetti Perez-Hernandez was carrying, which spilled all over Santiago’s car in the accident. After hitting Perez-Hernandez at a speed high enough to cause massive head trauma, Santiago simply drove home and parked his car, which had substantial damage as well as food on its front end. In police questioning, Santiago claimed he thought he’d hit a garbage can or a tree. Then, incredibly, he made a phone call with a tape recorder still running and told someone in Spanish that “[t]hey know I hit that woman.” Police officers in Miami speak Spanish, of course, and eventually filed charges against Santiago. Perez-Hernandez’s family has our sincere sympathies; we hope justice is served.

In addition to being dishonorable and cowardly, leaving the scene of an accident is a crime in Florida and every other state. (That’s true even if the crash only caused property damage.) In addition to putting you on the hook for a third-degree felony, hitting someone and running away also leaves you legally liable for a wrongful death lawsuit. In a successful lawsuit, Perez-Hernandez’s husband and young son would have substantial damage claims, including the loss of her wages; the costs of medical and other bills the accident caused; the loss of her love, support and spousal and parenting duties; and the emotional trauma of being so close to her accident.

Pedestrian accidents are some of the most traumatic traffic accidents I see as an attorney, because pedestrians have no seatbelts or other protections at all. They can also be quite complex, raising issues of comparative fault and insurance coverage. If you or someone you love was hit on foot by a careless driver, you can and should hold that driver responsible for the results. Contact Cohn, Smith & Cohn for a free consultation on your case.

Florida’s Move Over Act has been in the news recently because of stepped-up enforcement. If you’re not familiar with the 2002 statute, it asks motorists to change lanes when approaching police and other emergency workers at the side of the road. If it’s not possible to change lanes safely or there’s no second lane, they must slow down substantially. The goal is to reduce the deaths of emergency workers and the people they’re helping, who are sometimes hit by passing motorists. According to the Florida Highway Patrol, drivers killed five people in this manner and wounded 419 others in the five years between 1996 and 2000, before the law was passed.

I was reminded of this law -- and some drivers’ objections to it -- when I saw this article in the Orlando Sentinel. Two people were killed on Interstate 4 in just such an accident. The victims pulled their pickup truck into the emergency lane and a tractor-trailer slowed to help them out. The driver of a car behind the large truck, not realizing anyone was in the emergency lane, swerved around it and hit them. In addition to killing both, the car’s driver is now hospitalized in serious condition. Everyone involved has my deepest sympathies.

This story illustrates how vitally important it is to be cautious around pulled-over vehicles -- and never to make assumptions when the vehicle in front slows down. It’s hard to track down statistics on how many people are killed in emergency lanes each year, but I know from my 35 years of experience as a Florida car crash lawyer that it’s a lot. And frankly, any number greater than zero is too many. An emergency lane is set aside for use in emergencies; we all have an interest in making it a safe place to get out and change a tire or make a phone call. Using it to pass is both dangerous and illegal. Speeding past law enforcement officers in the right lane is those things and foolish as well.

Given the sacrifices that Florida law enforcement officers and other emergency personnel make on our behalf, moving over or slowing down is the least we can do. And because I work with car, motorcycle and truck accident victims so often, I support anything that can reduce deaths and catastrophic injuries for civilians as well as law enforcement. Car wrecks cause deaths, brain injuries, catastrophic burns and other very serious injuries. If you or someone you love was hit in an emergency lane, I urge you to contact my firm, Cohn, Smith & Cohn, to learn more about your legal rights and your options.

I’ve seen a lot of articles recently suggesting that people are using alternative transportation to avoid the high gas prices we’ve seen this year. It’s hard to pin down statistics on that, but officials in both Florida and Washington have speculated recently that we may see more two-wheeled vehicles on the road if gas prices stay high. After the National Highway Traffic Safety Administration’s recent release of new accident statistics, federal Transportation Secretary Mary Peters suggested that more drivers may turn to motorcycles and scooters that get 50 mpg or more. And closer to home, the East Orlando Sun reported that more people here in Florida might turn to bicycles to avoid buying gas altogether. Judging by what I’ve personally seen on the road, they’re both right.

If this is true, it’s mostly great news. Motorcycling and bicycling both offer a lot of advantages over driving, including fun, easy parking and less effect on the environment as well as fuel savings. If you’re bicycling, you’re also getting some healthy exercise. But as an experienced motorcyclist, I can’t emphasize enough to new riders that traveling on two wheels requires a little extra caution. When you’re on a bike of either type, you’re less visible to other motorists. And without a steel cage, seat belts or airbags around you, you’re a lot more vulnerable in the event of a crash. That’s one reason U.S. motorcyclists were 35 times more likely to die in a crash than drivers in 2006, even though they only accounted for 0.4% of all vehicle miles traveled. The NHTSA doesn’t keep the same statistics for bicycles, but it does note that Florida had the highest bicycle fatality rate in the nation in 2006, at 7.3 deaths for every million Floridians.

To prevent these horrific and unnecessary tragedies, federal and local authorities have asked motorists for years to “share the road.” While enforcement generally -- and in my opinion, correctly -- focuses on drivers who aggressively crowd or resent bikes and motorbikes, sharing the road is a two-way street. You can’t control the folks around you, unfortunately, but you can and should do what you can to minimize your risk. Here are some tips on sharing the road for everyone -- drivers, motorcyclists and bicyclists -- from the Florida Bicycle Association and the Motorcycle Safety Foundation:
Know your responsibilities. Under the law, bicycles and motorbikes are vehicles, with all of the same rights and responsibilities that drivers have. That means you have to stop for traffic signals, signal your turns and yield to pedestrians and other vehicles when appropriate. In addition to preventing an accident, following these rules also protects you from false accusations of reckless biking if you do get hit.

Stay aware. Drivers are much more likely to see a two-wheeled vehicle if they’re looking for one. For drivers, that means they need to keep the possibility of a bike in mind at all times, yield when they see one and be extra careful when gauging its speed. For riders, that means doing their best to stay visible to drivers, and taking extra precautions with the knowledge that drivers may not see them.

Know your rights. Motorcycles are entitled to a full lane at all times; bicyclists are entitled to one when cars can’t pass safely. You are not “blocking the road” if you’re making a move for safety’s sake.

Don’t drink and ride (or drive). Even if a DUI doesn’t scare you, consider the possibility of dying or sustaining permanent brain damage or another disability -- or accidentally inflicting those injuries on someone else. Even if you’re on a bicycle, if you can’t walk straight, it’s best to call a cab.

If you’ve been hurt despite your best efforts by a driver who just “didn’t see” your bicycle or motorcycle, contact us today for a free consultation.

The Sun-Sentinel recently reported a tragic accident that killed a Hollywood man. Jose Barros died on U.S. 27 when he didn’t stop his pickup truck soon enough to accommodate the Mack truck ahead of him, which was slowing in order to pull over. Barros was also not wearing his seat belt during the rear-end accident. Our sympathies go out to his family and to the driver of the Mack truck.

As an experienced South Florida auto accident lawyer, what strikes me the most about this story is the difference in size between the two vehicles involved. A Ford F-150 like the one Barros was driving is a big truck -- but a Mack truck is far bigger. A 2008 Ford F-150 weighs about 5,500 pounds, but the weights of large commercial trucks start at 10,000 pounds and go up from there. A Mack truck’s bumper is also generally much higher than that of a passenger vehicle. Automotive safety experts call this “vehicle mismatch,” and it’s a serious problem.

In an accident, weight translates to physical force -- which means a much greater weight produces a much greater force, crushing the smaller vehicle. Meanwhile, the higher bumper of a large truck is placed too high for the smaller vehicle’s bumper to absorb the shock; instead, it’s likely to be right at the level of vehicle occupants’ heads and necks. This means vehicle mismatch poses a serious threat to people in smaller vehicles -- and almost everyone on the road is smaller than a large truck.

Truck drivers must have special commercial licenses, so they’re generally good drivers, but the exceptions can be deadly. The National Highway Traffic Safety Administration reports that in 2006, people outside of the truck were a staggering 83% of the fatalities in all fatal large truck crashes. When victims live, they often have catastrophic injuries like brain damage, severe burns and paralysis.

The article didn’t report how fast Barros was driving or why the Mack truck pulled over, so it would be inappropriate to assign blame for this accident. But when truck drivers and trucking companies kill or seriously injure people with carelessness and safety violations, they should be held legally liable for the harm they cause. A Florida trucking accident lawsuit can help victims recover the money they need to cover medical costs, funeral bills and other costs of the accident, make ends meet and more. If someone you love has been victimized, contact Cohn, Smith & Cohn today for a free consultation.

The National Highway Traffic Safety Administration has just come out with statistics on traffic fatalities for the year 2007, and for most Americans, the news is good. The NHTSA is part of the federal Department of Transportation; it researches traffic accidents and provides information on things like vehicle recalls and how to use a child car seat correctly. If you’re interested, a PDF of the results can be found here.

I’m pleased to say that the August 14 report on traffic fatalities shows an overall trend toward fewer fatal accidents. Between 2006 and 2007, overall fatalities dropped by 3.9%; Florida actually exceeded the national numbers with a 4.3% drop. The national number includes a 2.9% decrease in pedestrian fatalities, a 3.7% drop in alcohol-related deaths and a 5.7% drop for fatalities in passenger vehicles.

That drop for passenger vehicles would actually be significantly larger if it weren’t for a big, ugly exception: The rate of motorcycle accidents actually increased by 6.6%. Unfortunately, this is part of an ongoing trend toward more motorcycle traffic deaths. The NHTSA reports that there were 2,106 motorcycle fatalities in 1997; ten years later, the reported number is 5,154. That means motorcycle-accident-related deaths have more than doubled in the past ten years! Of course, part of it is that there are just more motorcycles on the road, as the NHTSA has documented -- though not more than double the amount. And of course, all those new riders start out inexperienced.

In response, the NHTSA plans to launch a motorcycle safety campaign, but it focuses on drunk riding. That is a problem, but as a rider, I know that far too many motorcycle accidents are caused by drivers of cars and trucks who “don’t see” the riders right in front of them. The definitive study on motorcycle accidents’ causes, the Hurt Report, actually says that half of all motorcycle accidents are caused by drivers, with drivers most often turning left right in front of a bike going straight.

If you’ve been seriously hurt by a driver who wasn’t looking where he or she was going, you have rights. Please contact us at Cohn, Smith & Cohn so we can hear about your case and advise you about your rights in a free consultation.