South Florida Injury Attorney Blog

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.

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.

Continuing from my previous discussion/blog post Safety Tips for Cyclist, I have realized that this topic is extremely interesting and informative for all. Again I always state should you or your loved one find yourself a victim of a bicycle accident always seek counsel from an experienced attorney practicing in Fort Lauderdale to ensure your are properly compensated. Bicyclists of all ages are on the road daily and should follow these road rules to ensure their safety at all times.

Here are some more tips for proper road safety and the codes where you can find the Statute pertaining to bicycle riding:

SIDEWALK RIDING (see Section 316.2065, F.S.)• When riding on sidewalks or in crosswalks, a bicyclist has the same rights and duties as a pedestrian.
• A bicyclist riding on sidewalks or in crosswalks must yield the right-of-way to pedestrians and must give an audible signal before passing.

SIGNALING TURNS (see Sub-section 316.155(2) and 316.157(2), F.S.)• A signal of intention to turn must be given during the last 100 feet traveled by the vehicle before turning. If a bicyclist needs both hands for control, the signal need not be given continuously.
• A bicyclist may signal intent to turn right either by extending the left hand and arm upward or by extending the right hand and arm horizontally to the right side of the bicycle.

Whether you are in Broward or Miami Dade County, should you or a loved one be the victim of a bicycle injury, contact us online or call at 954 431 8100 or 305 624 9186 to set up a FREE consultation to seek legal counsel.

With the fall weather beginning in South Florida, it is now perfect for outdoor activities as its cooling down therefore I decided to cover safety tips for bicyclist to follow to ensure everyone’s safety on the roads. Once these safety tips are followed, you as a cyclist would have been practicing your safe riding habits. So should you or a loved one be a victim of a bicycle accident you should seek an experienced Fort Lauderdale bicycle accident attorney to ensure that you are properly compensated for your damages.

Here are some more tips for proper road safety which I will list below for you:

PROPER USE OF ROADWAY (see Section 316.2065, F.S.)
• A bicyclist who is not traveling at the same speed of other traffic must ride in a designated bike lane or as close as practicable to the right-hand curb or edge of the roadway. A bicyclist may leave the right-most portion of the road in the following situations: when passing, making a left turn, to avoid road hazards, or when a lane is too narrow for a bicycle and a car to share safely.)
• A bicyclist operating on a one-way street with two or more traffic lanes may ride as close to the left-hand edge of the roadway as practicable.
• Persons riding bicycles upon a roadway shall not ride more than two abreast except on paths or parts of roadways set aside for the exclusive use of bicycles. Persons riding two abreast shall not impede traffic when traveling at less than the normal speed of traffic at the time and place and under the conditions existing, and shall ride within a single lane.

WHEN MAKING A LEFT TURN (see Section 316.151 (1)(b)(c), F.S.)
• A bicyclist intending to make a vehicle left turn is entitled to full use of the lane from which the turn is made. After scanning, signaling, and moving to the center of that lane, the bicyclist must check the signal, and then proceed when it is green and safe to do so.
• In addition to the normal vehicle left turn, a bicyclist may proceed through the right-most portion of the intersection and turn as close to the curb or edge as possible at the far side. After complying with any official traffic control device, the bicyclist may proceed in the new direction.

Whether you are in Broward or Miami Dade County, should you or a loved one be the victim of a bicycle injury, CONTACT US online or call at 954 431 8100 or 305 624 9186 to set up a FREE consultation to seek legal counsel.

In a recent comparison performed by my firm in Fort Lauderdale we have seen that in some cases motorcycle accident victims we have represented have received larger settlements when compared to those who did not seek legal counsel from an accident attorney…..

Firstly once you have been involved in a motorcycle accident you should seek legal counsel from an experienced Fort Lauderdale accident attorney. Once you have retained an attorney he/ she will start to gather information to start building your case. They will request that you provide all your medical bills and records as depending on the severity of your injuries there maybe loss of wages involved. Once you have provided your accident attorney with these records they will review and interpret these records making them understandable for the court to comprehend the severity of the injuries you may have incurred. That is why proper recording of all your injuries is extremely important.

You should have pictures taken on the scene of the accident and the surroundings areas, pictures of all your injuries should also be taken, pictures of the damage to your bike and the other vehicle that was involved in the accident should also be taken as this will assist the attorney in building a strong case on your behalf.

Representing motorcycle accident victims over the years we have found that there are additional factors to be considered as part of your case like:

• Work environment: Your attorneys will not the difference in your performance at work?
• Home environment: How your injuries have affected your home life
• Witnesses: who will testify about your life changes at work and at home since you received injuries from the bike accident
• Extracurricular activities: activities and events that you are not able to participate in because of your injuries?

Hiring of an experienced accident attorney is important should you or a loved one be involved in an accident to ensure you receive the proper compensation you 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.

Florida's weather allows for our kids to be on the road daily riding whether they are riding to and from friends and in and around our neighborhoods. We must encourage them to practice safe riding habits to ensure that they are safe and do not become the victim of personal injury on the road.

Florida Bicycle Association has some rulings for safe riding habits that all bicyclists should practice at all times to avoid injury. See below:

BICYCLE REGULATIONS
• A bicyclist must obey all traffic controls and signals.
• A bicyclist must use a fixed, regular seat for riding.
• No bicycle may be used to carry more persons at one time than the number for which it is designed or equipped.
• At least one hand must be kept on the handlebars while riding.
• Every bicycle must be equipped with a brake or brakes which allow the rider to stop within 25 feet from a speed of 10 miles per hour on dry, level, clean pavement.

BICYCLE LIGHTING

• A bicycle operated between sunset and sunrise must be equipped with a lamp on the front exhibiting a white light visible from 500 feet to the front and both a red reflector and a lamp on the rear exhibiting a red light visible from 600 feet to the rear.
• Additional lighting is permitted and recommended.

HEADSETS USAGE
• A bicyclist may NOT wear a headset, headphone, or other listening device other than a hearing aid when riding. Wearing a headset blocks out important audio clues needed to detect the presence of other traffic.

These rules and safety tips should be adhered by all cyclists. Should you or a loved one be the victim of a bicycle injury, contact us online or call at 954 431 8100 or 305 624 9186 to set up a FREE consultation to seek legal counsel.

Patty Benne, 30, of Weston, FL was involved in a Bicycle Accident on the evening of November 15. Benne was traveling on her bicycle from west to east across Royal Palm Blvd in Weston, when her bike hit an uneven piece of the bike path; Benne was ejected from the bike and thrown onto the curb. Patty was rushed to Memorial Regional with minor injuries; luckily she was wearing a helmet.

According to the U.S. Office of Health, Safety & Security, the six most common causes of bicycle accidents are:
(1) Bicyclist traveling on the wrong side of the road;
(2) Vehicle makes an unsafe turn;
(3) Bicyclist traveling into the path of a vehicle from a driveway or sidewalk;
(4) Auto driver opening door while bicycle passes;
(5) Bicyclist weaving or leaving the edge of the road/bike lane.

With the weather in South Florida being perfect for bike riding many people use their bikes as a means of transportation or for training. In my practice as a personal injury attorney in Fort Lauderdale and its environs; Weston Miramar, Pembroke Pines, Sunrise, Pompano and Coral Springs, I have represented many victims of traumatic head and body injuries sustained from bicycle incidents. Just as the use of a seat belt is a critical safety tool when operating or riding in an automobile, so is the use of a bicycle helmet. Invest in a helmet.

Always seek legal counsel from an experienced south Florida Personal Injury Attorney should you become the victim of a bicycle accident to know your rights. Cohn, Smith & Cohn offers free, confidential case evaluations, so you risk nothing by telling us about your case and learning more about our experience. To set up a meeting, call us today at (954) 522 4600.

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.

Yesterday whilst on my way back home, I was at the traffic light on the corner of Oakland Park Boulevard and Nob Hill Road in Sunrise, waiting to head south on Nob Hill Road. It was around 9.00pm and the traffic was flowing on Nob Hill Road in both directions. To my disbelief a cyclist heading north on Nob Hill Road was crossing Oakland Park Boulevard, the cyclist had on no reflective or protective clothing, nor did he have any identifying lights on his bike. There was a car heading south on Nob Hill Road, making the left turn onto Oakland Park Boulevard just barely missed the cyclist. Luckily no one was injured but this could have gone extremely wrong, the driver of the car would have not seen the cyclist crossing the intersection and would have definitely hit the cyclist ending in serious injury.

Police and City Officials across Broward and Miami-Dade County have been asking that bicyclist and motor cyclist practice safe riding habits. Always wear protective clothing a helmet and goggles, reflective clothing to ensure other users on the road can see you. When riding at night or between sunset and sunrise your bicycle must have a lamp/light on the front of the bike exhibiting a white light visible from 500 feet to the front, your bike must also be equipped with a red reflector and a lamp on the rear and must be visible from 600 feet to the rear, additional lighting is also permitted and recommended.

Continue reading "Cyclist BEWARE" »

South Florida is a very predominant vacation spot, and bicycling is one of the favorite modes of transportation and a form of exercise especially by the beach. On the majority of roadways of Broward and Miami-Dade counties there are bike lanes specifically designed for bicyclist.

Below are some bike lane tips for cyclists to follow:

1. A bicycle lane is a lane marked with a stripe and symbols for the preferential use of bicycles on a roadway (motorists may enter or cross a bicycle lane to turn into or off a roadway at intersections and driveways).

2. Bicycle lanes are typically designed for through travel. To make a right turn where a right turn lane is provided for motor vehicles, a cyclist should stop in the bicycle lane, before continuing to make a right turn, so not to surprise a motorist in the right turn lane and avoid injury.

3. Where a bicycle lane is continued along the right side of a through street across and intersection or a road, a cyclist who intends to go straight may need to stop or proceed to adjust their position to the left onto the road, to reduce the hazard of being hit or cut off by a turning motorist.

4. A cyclist who rides on a paved shoulder should travel on the right of traffic for these safety reasons (1) it reduces crash risk at intersections and driveways (drivers don’t expect traffic on shoulders to approach from the “wrong” direction) and (2) whenever the cyclist enters the roadway (to pass a pedestrian or other cyclist, cross an intersection, or to keep clear of a vehicle approaching, to enter the roadway at a driveway, avoid debris or obstructions, etc.), right-side operation becomes mandatory and offers visibility of cyclists to motor vehicles.

Whether you are in Fort Lauderdale, Davie, Margate, Pembroke Pines or Miami Dade County, should you be the victim of a bicycle injury, contact us online or call at 954 431-8100 or 305- 624-9186 to set up a FREE consultation to seek legal counsel.

Earlier this month a bicyclist on his way home was killed in a hit and run accident in Oakland Park, Fort Lauderdale. The accident occurred in the early hours of the morning; the bicyclist had just stopped at his friend’s house for a visit and was on his way home, when he was hit.

The accident was reported at the 800 block of Northeast 33rd Street in Oakland Park, the 22yr old victim was travelling westbound when he was struck. Witnesses stated that the vehicle that hit the young man stopped, there were four passengers in the vehicle, two of the passengers came out to see if the rider was ok, then they took off. When police and paramedics arrived on the scene the bicyclist was found to be seriously injured on the road, he was taken to Broward General Hospital where he was pronounced dead.

Police are investigating, as the accident took place close to an Elementary School in Oakland Park and they are using school surveillance videos to assist in identifying the driver and/or vehicle responsible for this accident. They have also identified witnesses who saw the accident.

As I have discussed in previous blogs, riders of bicycles, motor bikes, and mopeds have to be extremely careful when using the roadways. Always wear protective gear, and reflective clothing especially when riding at night. As an Attorney practicing in Fort Lauderdale and its environs of Sunrise, Plantation, Weston, Davie, Cooper City, Miramar, Pembroke Pines and Hollywood, we receive calls daily from victims of accident injury who are unsure whether they able to file claim and against whom.

In this situation, where it was a hit and run ending in the victims’ death, the family of the victim should contact an experienced accident attorney to assist in filing a claim.
Should you or a loved one be the victim of a bicycle injury, contact us online or call to set up a FREE consultation to seek legal counsel.

Any type of road hazard can be dangerous to you. For years, personal injury attorneys in Broward County have successfully filed claims against the counties and cities on behalf of drivers and passengers of cars, motorcycles and even bicycles.

In Florida, a recent case in Sunrise, Holmes v. City of Sunrise, made it easier for seriously injured victims to be compensated for personal injuries caused by various types of city or county road hazards.

A Broward resident, Mr. Schwatts was in an accident in Broward County while out riding his bicycle one day. Schwatts’ hit a depression in the road that was two feet wide and an inch and a half deep, on Broward Blvd, (a county road) in the city of Fort Lauderdale. Investigations revealed that about five weeks prior to the Schwatts accident, complaints had been made to Broward County and the city of Fort lauderdale, about two potholes in the cyclist path on the same stretch of the road where Schwatts happen to be riding.

Continue reading "Are There Road Hazards In Your County?" »

As a Cooper City bicycle accident attorney, I was sorry to read about another death from a bicycling accident in Palm Beach County. As the South Florida Sun-Sentinel reported Feb. 8, a Boca Raton firefighter was killed the day before. John Wilson, 50, was bicycling during off-duty time in his home town of Jupiter. He was reportedly hit by an SUV driver, 66-year-old Myron Umbel. Wilson was airlifted to St. Mary’s Medical Center in West Palm Beach but died. The Palm Beach Post reported Feb. 8 that Jupiter police are still considering whether to file charges against Umbel, and that investigation could take at least a week.

Wilson was a former chef and restaurant owner who made a career change to become a firefighter with the Boca Raton Fire-Rescue agency. Friends said he chose to live in Jupiter because he felt it was friendly to pedestrians and bicyclists. Wilson was bicycling through a crosswalk at the intersection of Indiantown Road and Maplewood Drive when the accident happened. Umbel, a part-time Jupiter resident who is also a permanent resident of Maryland, was reportedly coming from Maplewood Drive. He was trying to turn east onto Indiantown when he hit Wilson. The crash knocked Wilson unconscious. He was airlifted to the hospital but died shortly after his arrival.

I look forward to seeing how the investigation of Umbel turns out, as a Margate bicycle accident lawyer. As it happens, the intersection where this accident took place is T-shaped, which means Umbel could only have been making a right turn if he was turning east. That makes it hard to see how he could have missed seeing Wilson in the crosswalk. There could be other mitigating circumstances, of course – for example, Wilson could have run a red light or stop sign. But if Umbel is found to be at fault for the accident, he could face criminal charges as well as a civil lawsuit from Wilson’s survivors, who include his three adult sons.

Continue reading "Jupiter Police Considering Charges Against Driver Who Hit Bicycling Firefighter" »

Two fatal bicycle accidents in two days have prompted bicycle safety advocates to remind everyone to be respectful on the road. As a Miramar bicycle accident attorney, I was pleased to see the reminder in the form of a Jan. 19 article in the South Florida Sun-Sentinel. The fatal Broward County crashes took place on Jan. 4 and Jan. 5, both in the early morning hours. In response, bicycle advocates and local planners reminded drivers and bikers to treat one another with respect. Jeffrey Lynne, president of the board of directors for the South Florida Bike Coalition, said drivers should respect cyclists’ right to be on the road, and cyclists should return the favor by obeying traffic laws.

Little information was available on the fatal accidents earlier this month. A Plantation man was killed at about 5:45 a.m. on Jan. 4, in an area without a sidewalk or bicycle lane. The next day, a Wilton Manors man was killed crossing a road in Fort Lauderdale. Florida had the most bicycle accident deaths of any state in 2008, the article said, but Broward County has actually improved its rate of bicycle deaths since the 1990s. A spokesman for the Broward Metropolitan Planning Organization said the most common bicycle accident configuration in Broward is when drivers turn right without checking for bicycles. He said drivers are legally required to give bicycles three feet at the right side of the road, although riders might choose to move over further if they think they’re slowing traffic. Lynne added that there are too many inexperienced bicyclists on the road, some of whom incorrectly believe that traffic signals don’t apply to them.

As a Cooper City bicycle accident lawyer, I hope both drivers and cyclists take this approach to heart. As a bicyclist quoted in the article said, most drivers move over when passing a bicycle. Those who don’t -- intentionally or because they failed to notice the bike -- are risking an accident for which they would be legally and financially responsible. Bicyclists are a lot like pedestrians in that an accident with a car is a very serious matter. Bicycle accident injuries include death and permanent brain damage, as well as less serious but still disabling injuries like broken bones. However, unlike pedestrians, bicyclists are supposed to share the roads with drivers, which means their risk of a crash is much greater. That’s why it’s so important for both bikers and drivers to be courteous and respect each other’s right to be on the road.

Continue reading "Fatal Bicycle Accidents Prompt Reminder to Bikers and Drivers to Share the Road " »

As a Miramar bicycle accident attorney, I was sorry to see a report about the death of a young boy on a bicycle trip with his father. Andrew Curtis, 9, was killed in an accident with a van on U.S. 1 in Jupiter. The Palm Beach Post reported Jan. 18 that Curtis was crossing the driveway to a condo building when Helen Bygel, 81, tried to pull out of the driveway. Curtis sustained serious injuries and was airlifted to St. Mary’s Medical Center, but died there. No injuries to Bygel or to the father were reported, and the article did not mention a criminal investigation. A neighbor who witnessed the crash, Patty Christman, said Curtis was wearing a helmet.

The crash took place at about 5:15 p.m. on Jan. 16. The boy and his father had apparently just visited the Publix up the highway from the Villas on the Green condominium building. Christman, who lives in the same condo building as Bygel, said they had a children’s movie and a bag of oranges. After she heard the crash, she said, she ran to the scene. She is now holding on to the father’s bicycle for safekeeping. A previous report from the Palm Beach Post said both bicycles were being ridden on the sidewalk. Christman told the newspaper that the entrance to the building is dangerous because residents typically don’t look right when they pull out of the driveway, only left.

Christman didn’t connect that behavior to Bygel or suggest that she was at fault for the crash. However, as a Margate bicycle accident lawyer, I think there’s a strong possibility that Bygel may not have been careful enough. Everyone who drives has seen drivers who cruise through right turns and stop signs without checking for bicyclists or pedestrians. In addition, Florida law actually requires drivers to leave three feet of roadway on the right for bicycles, and generally take steps to share the road. If Bygel failed to pay close enough attention before making her turn, she could be criminally charged in this little boy’s death. Even if she’s not, evidence of careless driving would give his family a strong case in a bicycle accident lawsuit.

Continue reading "Police Identify Nine Year Old Boy Killed in Bicycle Accident With Van Driver" »

As a Weston bicycle accident attorney, I know Florida has a high rate of bicycle crashes. But until the St. Petersburg Times examined the issue Dec. 6, I didn’t realize Florida had literally the most fatal bicycle accidents of any state, and the second-highest rate of fatal crashes per million of population. The newspaper examined the issue after the Tampa area saw nine fatal crashes since late July. It did not break down fatalities within the state, but said Florida had 125 bicycle accident deaths in the most recent year evaluated by the National Highway Traffic Safety Administration. That worked out to 6.82 deaths for every million people, a rate exceeded only by Delaware at 6.87 per million. In Tampa, 22 bicyclists were killed in 2009 and 30 in 2004.

A bicyclist told the newspaper that Tampa roads are not well designed to encourage sharing space between cars and bicyclists, but agreed with others that both groups need to treat the other with respect. In the nine cases from this year, the newspaper said, some were blamed on the rider and some on the driver. No serious charges were filed in any of the nine cases, although cases are still open in at least two cases, one with a hit-and-run driver. In the first of the series, 75-year-old LeRoy Collins Jr., whose father was once governor of Florida, was hit as he rode through a crosswalk in Tampa. The driver said she didn’t see him and no charges were filed. In another, 30-year-old Kayoko Ishizuka died in Tampa after being struck by a hit-and-run driver. That driver was charged with leaving the scene of the accident.

Those charges, and a few others described in the article, concerns me as a Pembroke Park bicycle accident lawyer. There may be more information about the case involving Collins, but if the driver “didn’t see” him because she failed to watch the road, criminal charges might be reasonable. Similarly, the driver in Ishizuka’s death is facing only a leaving the scene charge, not that charge plus vehicular homicide. And a third victim, a 41-year-old math teacher, was rear-ended in Dade City by a motorist who apparently faces no penalties. It’s possible that all of these drivers truly had no way to avoid the crashes, but situations where that’s true are not common. What is common, in my experience, is bad driving caused by distractions, sleepiness, intoxication and other conditions under which no one should drive. It’s surprising that prosecutors didn’t feel they had evidence to bring charges in any of the nine cases.

Continue reading "Unusually High Rate of Bicycle Accident Deaths Reveals Florida Has Most in Nation" »

As a North Miami bicycle accident attorney, I was disappointed to read about the Jan. 17 death of a bicyclist in Miami-Dade. As the South Florida Sun-Sentinel reported Jan. 25, 2,500 cyclists gathered on the Rickenbacker Causeway Jan. 24 to ride in honor of Christophe Le Canne, 44, who was killed by an alleged drunk driver. Police closed the east lanes of the Bear Cut Bridge to accommodate the ride, then escorted cyclists across the bridge. Later, when the riders gathered to speak, they discussed laws that might prevent the same accident from happening again. Suggestions included divided bike lanes, stiffer penalties for aggressive drivers and more restrictions on drinking and driving.

Le Canne was on an early-morning ride along the causeway when he was hit from behind by a Volkswagen Jetta. The Jetta was driven by Carlos Bertonatti, 28, a pop musician with a history of traffic citations. Bertonatti allegedly failed to stop after hitting Le Canne, instead driving off with the bicycle under his front wheels. He faces multiple felony charges related to the accident, including DUI manslaughter. Witnesses said it took 15 to 20 minutes for emergency personnel to respond to the accident, but by the time they arrived, it was too late. This was blamed in part on reduced operating hours in the closest Miami-Dade firehouse, but also on the operator’s failure to call Key Biscayne or Miami firehouses. Other reforms on the bicyclists’ agenda include closing this gap in fire-rescue coverage.

As a Coconut Creek bike accident lawyer, I’m pleased that the cycling community is turning this accident into a call to make the roads safer. But for Le Canne and his family, it’s too late. Our society penalizes drunk driving harshly because it’s very dangerous, accounting for about a third of all fatal car accidents. If it’s proven that Bertonatti was intoxicated, he will instantly be assigned fault for the crash. And that will have important implications if the family chooses to pursue a lawsuit against him. If a blood test or a criminal conviction makes it clear that Bertonatti was too intoxicated to drive, he will certainly be liable for all of the physical and emotional damage the crash caused.

Continue reading "Miami-Dade Bicyclists Gather to Honor Cyclist Struck by Intoxicated Driver" »

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

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

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

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

As a Coral Springs bicycle accident attorney, I know that there’s always at least some tension between bicyclists and drivers of cars and trucks. But according to a Sept. 8 article from the South Florida Sun-Sentinel, that tension has gotten higher lately after a series of confrontations and deadly bicycle accidents in South Florida communities. The article recounts at least two accidents this year, one fatal, in which cars hurt bicyclists, and one case in which a bicyclist was charged with assault and battery for attacking a driver he said nearly hit him. In response, local traffic authorities and advocacy organizations are stepping up their efforts to educate both groups and advocate nonviolent ways to resolve disputes.

The problems the article outlines are mostly the same problems cyclists and drivers have in every urban area. Cyclists say some drivers behave as if the cyclists are not entitled to use the road, honking angrily and buzzing or clipping the bicycles and sometimes knocking them down. Drivers, in turn, say cyclists take up too much space on the road and don’t follow traffic laws. According to Bret Baronak, pedestrian and bicycle coordinator for the Metropolitan Planning Organization of Palm Beach County, part of the problem is South Florida’s car culture, which allows cars to dominate the roads. Baronak expects to soon see efforts at “share the road” education, explaining the rights and responsibilities of people on both kinds of vehicle.

As a bicycle accident attorney in Broward County, I do not believe either group is entirely innocent. However, I notice that this article doesn’t note the most important part of this power struggle: the fact that a car can kill a bicyclist, regardless of who caused the accident. When a bicycle accident turns into an assault or a preventable death, the at-fault person can face serious consequences, including a wrongful death or injury lawsuit as well as criminal charges. Everyone gets annoyed with other people on the road sometimes, but when it crosses the line into potentially fatal road rage, people can be killed or disabled for life. With that much at stake, it is essential for both groups to calm down and think before acting.

Continue reading "Clashes and Crashes Increasing Between Drivers and Bicyclists in South Florida" »

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.

The news has been unpleasant lately for Florida travelers on two wheels. The Tampa Tribune reported two separate hit-and-run accidents in the Tampa area in the same day -- one involving a motorcyclist and passenger and one involving a bicyclist. All three were taken to a hospital.

The bicyclist was struck from behind by a pickup truck while riding in the right lane; he was thrown into a parking lot. According to witnesses, the truck left without stopping or leaving skid marks. In the motorcycle accident, the motorcyclist was proceeding straight, legally, when a Ford turned into the bike's path, hitting its left side. Both the rider and his passenger were thrown from the bike. In both of these cases, the two-wheeled vehicle was not breaking any traffic rules, from what the report said; the drivers of the car and truck either failed to see them or failed to respect their status as other vehicles. In fact, as a motorcyclist myself and a Florida motorcycle accident lawyer, I can tell you that a car or truck turning into the path of an oncoming bike is unfortunately one of the most common types of motorcycle accident.

As a South Florida accident lawyer, I work with victims of traffic accidents every day, which is why I feel strongly that there is never any excuse for a hit-and-run accident. When the person at fault refuses to stop and take responsibility for his or her actions, the victims are in a sense victimized twice -- once by injuries that are not their fault, and again by the doubt and uncertainty of not knowing whose fault it actually is. This is important for practical as well as personal reasons; it may complicate any insurance claim the victims make and will certainly add extra red tape to a situation that already counts as a nightmare for many of my clients.

Because leaving the scene of an accident is a crime, the perpetrators will be criminally charged, if they are caught. They have also set themselves up for a big disadvantage in any motorcycle or bicycle accident lawsuit the victims choose to file. Juries and judges rarely look kindly on drivers who drive on by and leave the people they injured lying in the street, even if there is no criminal conviction.

If you or someone you love was hurt in a car, motorcycle or bicycle accident caused by someone else's irresponsible driving, please contact our firm, Cohn, Smith & Cohn, to learn more about your rights and your case.

As a Florida bicycle accident lawyer, I was pleased to see in the South Florida Sun-Sentinel recently that Palm Beach County is working toward adding marked bicycle lanes to popular roads in the county. According to the article, bicycling advocates and county engineers are working together to identify which roads are most likely to carry substantial bike traffic and mark their shoulders with painted lanes designated for bicycles. This is described as a compromise; the county has opposed any bike lanes because it believes it would be obligated to maintain them, which it estimates would cost hundreds of thousands of dollars a year.

The article doesn't tell you this, but as a longtime South Florida resident and bicycle accident lawyer, I happen to know that many of these roads already have four-foot paved shoulders that were specifically intended for the use of bicyclists. The county's financial concerns have kept the lanes from being specifically marked as bike lanes, pitting the county against bicycle advocates who believe marked bike lanes promote both bike safety and greater use of bikes as transportation.

As a driver and a motorcyclist who has used South Florida roads for decades, I agree. Marked lanes promote bicycle safety by showing everyone on the road where they should be and discouraging either kind of vehicle from entering the other's lane. As a motorist, I appreciate knowing where I can expect to see bicycles. For the same reasons, a marked bike lane helps beginning bicyclists feel more confident about how they ride in traffic -- and where they can turn to find more bike lanes.

As to the cost, I don't have any expertise on street sweeping -- but as a personal injury lawyer, I can certainly tell you that the county is not legally responsible for the injuries of a biker who didn't watch for debris in the road. We all have a basic legal responsibility to take reasonable care on the road, and part of that responsibility is to avoid obvious hazards. Another is to avoid harming others, and that's where marked bicycle lanes could help -- by giving motorists clear directions on how to "share the road" and avoid causing a serious Florida bicycle accident.

Bicycle accidents can be very serious, causing broken bones, brain injuries and even wrongful deaths. We should do everything we can to prevent them. But if you are a bicyclist hit by a car or truck in South Florida, you should contact my firm, Cohn, Smith & Cohn, to discuss recovering money for your injuries in a Florida bicycle accident lawsuit.

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.