South Florida Injury Attorney Blog

A bicycle accident resulted in the death of a Coral Springs teenager who had been riding on the bicycle’s handlebars and was hit by a car. Police are reportedly searching for the person operating the bicycle, who fled the scene. No charges have been filed against the driver of the automobile.

The accident occurred just before 10:00 p.m. on Friday, July 6, 2012. A 1989 Lincoln was heading east on Royal Palm Boulevard. At the same time, a bicycle with a 16 year-old passenger riding on the handlebars attempted to cross the street heading north. The bicycle’s operator reportedly stopped abruptly, causing the passenger to stumble into the Lincoln’s path. The Lincoln then struck the teen. The injured teenager was transported to a hospital, where he died from his injuries on July 12. The operator of the bicycle, who remained unidentified as of the most recent reporting on the story, fled the scene on foot, heading east. The driver of the Lincoln was not injured.

Continue reading "Teen Killed in Coral Springs Bicycle Accident" »

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" »

A bicyclist on his way home was injured whilst riding his bike on the pavement just a few blocks from his home in Fort Lauderdale, Florida. The accident occurred just after midnight, whilst he was on his way home from his job.

The victim a 20yr old was riding home when the bicycle hit an uneven part in the pavement and threw him off his bike causing him serious injury. Paramedics were called to the scene as the bicyclist was found to be seriously injured; he was taken to Broward General Hospital where he was kept for a few days as his injuries warranted observation.

Police investigated and noted that besides the uneven pathway the area was also not properly lit. The family of this victim has since sought legal counsel from an Attorney experienced in this type of accident/injury for compensation for the damages and medical bills. The family of this victim may be able to file a claim against the city for liability re the pavement where the incident occurred. The family should take pictures of the immediate area at day time to show the pavement area and at night which will show the improper lit area.

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 the family sought immediate legal counsel from an experienced would have gotten proper advice as to correct steps to follow.

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 see legal counsel, or visit us online.

On this day I'm going to keep this short and straight to the point. Friday the 13th already has its myths and legends that go along with it so I will keep a positive note on this one.

Driving through one of the cities out west that currently has a lot of road work being done, I noticed that bicycle lanes were added to the roadways and that is always positive to see. In Florida we have lots of cyclists on the roads these days and with the economy as bad as it is everyone is trying to save and cut costs somewhere. In downtown Fort Lauderdale I have seen the use of golf carts as a form of transportation in and around Las Olas and its immediate environs.

I advise anyone using these forms of transportation to get around make your safety and that of your passenger your first priority always. Too many times we have seen at our office victims of injury from bicycle and motor cycle accidents were in some cases proper safety gear was not worn. We cannot stress that proper safety gear be worn at all times, always ensure when your are bicycling or riding your motorcycle that you have on your helmet and reflective clothing so you can be identified by other users of the roadway.

I said this one will be short and extremely straight to the point ALWAYS WEAR PROTECTIVE CLOTHING when either bicycling or riding your bike. As always should your or your loved one be involved in any form of accident always seek legal counsel to ensure your are compensated for your inury and damages.

At the offices of Cohn & Smith, PA, our staff is ready and able to assist you to ensure your know your rights, contacts us online or via telephone 954 431 8100 or 305 305 624 9186 for your FREE consultation.

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 an earlier blog this month I mentioned that March is considered Bicycle month in South Florida. Just got a notification that the City of Coconut Creek with be hosting a Bicycle Safety event this weekend at Sabal Pines Park.

(Sun Sentinel, FL) The City of Coconut Creek Parks & Recreation Department, the Coconut Creek Police Department, Broward County Bike Patrol and Alex’s Bicycle Pro Shop are sponsoring “Let’s Move Bicycle Safety,” an event where kids can learn how to ride a bike and change a flat bicycle tire. The pro shop will have racing bikes on display and kids can meet a professional bike racer.

The event is from 11 a.m. to 1 p.m. on Saturday, March 31 at Sabal Pines Park, 5005 Northwest 39 Avenue. It’s free and no registration is required. For more information, call 954-956-1580 or visit www.coconutcreek.net/events.

As a Fort Lauderdale Attorney I have represented families of victims of bicycle accidents, recently I posted a blog about a 15year old what was involved in an accident in Davie whilst riding to school. I cannot begin to stress the Due Diligence that cyclist have to follow when sharing the roadways with vehicles or even in the parks with other cyclist, skateboarders, people running or walking.

1. PLEASE ALWAYS WEAR PROPER HEADGEAR /HELMET

2. Wear brightclothes - so you will be seen by other bicyclist; pedestrians; and road users;

3. Ensure your bicycle is outfitted with lights and reflectors;

4. Also just like when driving no texting the same applies for cyclist no texting and no use of headphones or headsets as you may be distracted and not be alert to the noises around you such as a car horn blowing;

5. Always wear the right clothing - pants with loose pant legs can get caught up in the bike chain; wear the correct shoes preferrable sneakers as other types of footwear will not grip the pedals. Barefoot riding is NOT an option.

As a Fort Lauderdale Personal Injury Attorney practicing this type of law for over 10 years, I have represented cyclist that have been the victims of reckless drivers on the road with success. I have ensured that their loved ones receive the compensation that they deserve. Should you or a loved one become a victim of personal injury please do not hesitate to contact our office for your free consultation via telephone 954 431 8100 or 305 624 9186 or online.

Within the past couple days on the news there have been reports of hit and run accidents some involving bicyclists being hit by negligent drivers and mainly pedestrians on crosswalks etc. As an Attorney practising in Davie and its environs, I am experienced in these types on injuries whether it be personal injury; accidents involving cyclists; pedestrians or vehicular, I always advise my clients to seek legal counsel to ensure that you know your rights and you get the compensation you deserve. Below is a story from the Miami Herald involving the Davie Police Chief.

Davie, FL (Miami Herald) Police Chief Patrick Lynn was driving his unmarked car Wednesday morning when he hit a teenage boy riding a bicycle just yards from police headquarters.

"I'm a little upset that the chief was at fault in the accident and didn't get a ticket," she said Thursday. "If I would have hit someone, I would have gotten a ticket. So because he's a police chief he doesn't get in trouble?" Read more…..

As you see from the story above the cyclist was rightly in the crosswalk when he was hit. The report stated that the light was red and the teenager had right of way. Luckily for all parties involved there were no serious injuries, but I would advise my client to still visit your Medical practitioner as with some accidents, "silent injuries" as we call them, may take a couple days to surface, but still should be documented to assist you should you decide to file claim.

Should you or a loved one be a victim of personal injury due to a negligent driver you should immediately seek legal counsel to ensure you know your rights. Contact our local office for your free consultation via telephone 954 431 8100 or 305 624 9186 or online.

Continue reading "Bicyclist hit in Davie" »

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.

We are already in the middle of March and Spring is just around the corner. As usual the weather is perfect for riding in South Florida, so I think now is a good time to start preventative practices for all riders - motorcyclist and bicyclist. The Sun Sentinel featured an article on Bicycle month with a host of activities that will be held at the Brian Piccolo park. See excerpt of article below.

Cities across Broward will host cycling events as Bicycle Month 2012 continues throughout March.

Originally just a week, the event was expanded to a full month in 2008. With more than 60 events at county and city parks, Bicycle Month promotes recreational cycling and safety, said Michael Mills, a spokesman for Broward County Parks and Recreation.

The month includes a mix of bicycle-related activities, ranging from safety rodeos to racing. Mills said some county parks are adding bicycle events to take advantage of their venues, including nature trail bike hikes. Some Bicycle Month events also coincide with regularly scheduled activities, such as the BMX nights at Brian Piccolo Park in Cooper City.

Read more…..

Motorcyclist and bicyclist fall easy prey to injury as they are on the roads daily sharing with drivers who fail to be considerate of them. Motor bike riders and cyclists should also be on the guard and always take the extra time and effort to make sure that their safety is first and foremost on the road.

As a Fort Lauderdale Personal Injury Attorney I have represented motor bike riders and bicyclist that have been the victims of reckless drivers on the road. I have ensured that their loved ones receive the compensation that they deserve. Should you or a loved one become a victim of personal injury please do not hesitate to contact any of our office located in Hollywood, Fort Lauderdale, Aventura, Coral Springs and Weston for your free consultation via telephone 954 431 8100 or 305 624 9186 or online.

I found this article whilst surfing the internet. It's never bad to be repetitive as the older folks would say and my nana would say "Prevention is better than cure". See article from Sun Sentinel below.

North Lauderdale, FL (Sun Sentinel) Bicyclist hit by car in North Lauderdale

A bicyclist was hit by a car and hurt Saturday evening in North Lauderdale, according to the Broward Sheriff's Office. The man was walking alongside his bike, trying to cross 81st Avenue from west to east, at Hampton Boulevard, when a silver Mustang struck him, officials said. The area is near the city's Hampton Pines Park.

The driver waited at the accident scene for rescue crews. The victim, who was not crossing at a crosswalk, was taken to North Broward Medical Center, but his injuries did not appear to be life threatening, BSO said.

As an experienced Attorney practicing personal injury in Fort Lauderdale, advice that would be given: after seeking medical attention always contact an attorney with knowledge of bicycle accidents for advice on your case. Keep proper record of all your medical bills; get a copy of the accident report from the police officers or in the case the Broward Sheriff's Office; take pictures of your injuries and the scene of your accident, as all this information would assist the attorney to build a strong case on your behalf should you decide to file claim against the motorist.

Motorists and bicyclist should always remember that the roadway is shared and should always take into consideration the other users on the road. Practice awareness to avoid unnecessary personal injury to yourself, your passengers and other road users. Luckily for the cyclist in the article above his injuries were not life threatening and the driver waited on the scene for the paramedics.

Should you or your loved one find yourself in a similar situation you should immediately contact an experienced attorney to ensure you know your legal rights and you get the compensation you deserve. Whether you are located in Weston, Aventura, or Hollywood contact us online or via telephone 954 431 8100 or 305 624 9186 for your FREE consultation.

Continue reading "Bicyclist hit by car in North Lauderdale " »

It was chilling to watch this tribute to the cyclist Aaron Cohen that was stuck and killed by a hit and run driver on Virginia Key recently. From all reports and interviews that was seen Aaron was an all round great guy - a great father to his kid and a great son to his parents and a best friend to all.

VIRGINIA KEY, Fla. (WSVN) -- Family and friends of a cyclist who lost his life after being struck by a hit-and-run driver gathered in his honor.

Thursday night, hundreds jogged up the bridge where 36-year-old Aaron Cohen was struck. Once the massive group of Cohen's loved ones got to the top of the bridge, they dropped roses into the waters below.

During Thursday night's memorial, the words Aaron wrote just before he died were read, which he titled, Why I Run: "The short answer is, I run, because it makes me happy."

The story above says it all, Aaron and his companion victims of a hit and run driver, luckily the driver turned himself in eventually and charges were made. Victims of hit and run accidents after seeking medical attention should seek immediate legal counsel from an experienced attorney to ensure you know your legal rights. Keep records of all medical bills, go back to the scene of the accident and take photographs of the area, also keep photographs of your injuries.

Should you or a loved find yourself a victim of this type ofinjury please contact an Attorney experienced in wrongful death law to ensure that you know your loved one's rights. Contact us for your FREE consultation via telephone 954 431 8100 or 305 624 9186 or online.

Continue reading "NEWS - Cyclist is remembered " »

PREVENTION: On my way into work this morning I usually take the back roads of Fort Lauderdale to avoid traffic. Coming up to a four way stop as usual I slowed down in anticipation for the stop, stop, then proceed. So I reach the stop line and proceed - as I step on the gas to move forward, out from the street a cyclist just turns into my lane. Had I sped off from my stop this would not have been a story that I would be writing about today.

Cyclist please beware of your surroundings and be careful on the roads daily, as there are very few drivers that are aware of their surroundings and alert at all times. I took some tips from my previous blogs and listed them below for you:

• HELMETS or PROTECTIVE HEADGEAR SHOULD BE WORN AT ALL TIMES

• Bicycle lanes are typically designed for through travel. To make a right turn where a right turn lane is provided to the right of a bicycle lane, a cyclist should leave the bicycle lane, since continuing in the bike lane to the intersection and making a sharp right turn could surprise a motorist in the right turn lane.

• 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).

• A cyclist 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.

• 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.

• Where a bicycle lane is continued along the right side of a through/right lane, a cyclist who intends to go straight may need to adjust their position to the left to reduce the hazard of being cut off by a turning motorist.

• 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.

• A cyclist who rides on a paved shoulder should still travel on the right because (1) this 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 (e.g., to pass a pedestrian or other cyclist, cross an intersection, keep clear of a vehicle approaching to enter the roadway at a driveway, avoid debris or obstructions, etc.), right-side operation becomes mandatory.

Above are just some tips that cyclist should be aware of when using the roadway to ensure their safety and avoid injury.

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.

Recently stumbled upon an article that was reported in 2009, and decided to write about it. A man participating in the Mack Cycle Key Biscayne Triathlon Trilogy sustained a concussion and a torn knee in a bicycle accident with a car, the report stated. Miguel Tellez was leading a pack of bicyclists across the Rickenbacker Causeway Bridge when a car pulled into his path, the newspaper said. Fortunately, the resulting accident resulted in only moderate injuries. It was the second bicycle accident in Key Biscayne in that week, following closely on an accident involving Eduardo Lopez of Miami, the state kilo champion.

A triathlon has three parts: A foot race, a bicycle race and a swimming race. Tellez was struck during the 9.8-mile bicycle phase. According to fellow racer John Reback, Tellez was riding downhill at about 35 miles per hour when a car pulled in front of him. He “T-boned” the vehicle and flew into the air, sustaining a concussion, a deep cut to the head and a torn knee. The injuries were less severe than originally feared, race director Rob Childers said, but the accident took Tellez and about half of the other participants in the lead pack out of the race. The men’s portion was eventually won by Reinaldo Oliveira, a teammate to Tellez on the Runner’s Depot Racing Team, in 51:56. The women’s winner was Linda Neary Robb at 54:40.

As an Aventura bicycle accident lawyer, I’d say Childers is right -- the injuries could have been much worse. A collision between a bicycle and a car can be very serious even at slow speeds, because bicyclists don’t have much protection in a crash. That’s an especially important point to remember as we enter summer, when more people -- adults and children -- are likely to bicycle on Florida roads. As always, drivers should remember to share the road with bicyclists, which means yielding the right-of-way when appropriate and allowing them enough space to ride safely. And bicyclists should do their part by following traffic laws, yielding when appropriate and using safety gear like lights, reflective clothing and helmets.

Continue reading "Triathlete Injured in Key Biscayne Car Accident During Bicycling Phase of Race" »

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.