South Florida Injury Attorney Blog

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

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

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

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

Interesting article for your reading that I found in the Sun Sentinel. I touched on this prior at the end of the year and its what I call "Good Parking Lot" practices for drivers and pedestrians on how to avoid injury. This story is exactly what I spoke about in that previous blog.

Drivers age 80 and older in Florida don't have to take a driving test when they renew their licenses. But should they?

Two fatal accidents over the weekend may re-ignite the debate over whether the state should require older drivers to be retested and recertified in order to continue driving. A 78-year-old woman was killed Sunday when she was backed into and run over by an 89-year-old driver at a Delray Beach Walmart. In Deerfield Beach, a woman was backed over and dragged across a church lawn by an 88-year-old driver.

Data is particularly sketchy on whether road testing predicts which seniors will crash. Only Illinois now requires it. Nine other states have seniors renew in person, beginning from 69 to 75 years old. Seventeen states have no age-based licensing requirements. One of every five drivers in the Sunshine State is 65 or older, a ratio that will continue to increase as the Baby boomers age, state safety experts say. Florida has 2.75 million drivers in that age category, the second-highest in the nation. California is first, with 3.1 million drivers age 65-plus. Read more….

Situations like these where there are fatalities are considered wrongful death and the people responsible for these accidents can be held accountable. As a Fort Lauderdale attorney experienced in these types of cases I would advise that you contact our office to seek legal counsel and to ensure that your loved ones get the compensation that they rightly deserve. Contact us online or via telephone 954 431 8100 or 305 624 9186 for your FREE consultation.

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 " »

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

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

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

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

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

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

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

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

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

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

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

On one my regular trips to the mall to drop off/ pick up my daughter, I’ve realized the dangers that can come to you before you have even entered the mall. Sometimes whilst I sit and wait for her to come out I see things that can happen, drivers not paying proper attention to their surroundings and pedestrians doing the same.

These mishaps I am sure are numerous and as an experienced attorney practicing personal injury law in Fort Lauderdale and its environs I have represented victims of these types of personal injury, but I can also see that some of these victims may not think that they can file a claim for the injuries that they may have sustained from inattentive drivers.

I have made a short list of my observations whilst at the mall:

* Do not walk closely behind parked cars as you never when the car may have a driver ready to reverse an may have not seen you walking behind the car;

* Pay close attention when you are crossing the car park, I have seen people just cross the car park drive ways without even looking;

* Families please watch your children. I have seen on numerous occasions where they take the child out of the car and maybe getting something else out of the car and the child decides to walk out from the safety of the parked vehicle.

Should you ever find yourself in any type of accident no matter how minor it is you should always seek legal counsel. Our office is experienced in handling minor injury claims; we will ensure you get the compensation that you deserve. Please contact us for your free consultation, either online or at 954 431 8100 or 305 624 9186.

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.

Going through my usual morning regime – coffee and watching the daily news on WSVN Channel 7 news, I saw a story that I decided to blog on. 6yr old Brian Wilson was crossing Lucy Street near Second Avenue in Homestead with his father and 3-year-old brother on Thursday, when he reportedly was struck by Shemira Brown who fled the scene of the accident. Brian recalls his dad picking him up off the street and putting him out of harms way. Shemira Brown turned herself in and was charged in fleeing the scene of the accident.

Reports state that Brian was attempting to cross when he was struck, paramedics were called to scene where Brian was transported to Homestead Hospital then to Miami Children’s Hospital. Luckily for Brian, his injuries were not life threatening but serious for him to be hospitalized. Shemira Brown turned herself in to the police and according to reports she was held accountable for the accident.

As an Attorney practicing in Broward and Miami-Dade we would advise that Brian’s family get the accident report from the paramedics; keep all medical reports as they will require this should the family decide to file claim. Should you or a loved one find yourself in a situation like this please contact an experienced Accident Injury attorney who will advise you of your legal rights. Feel free to contact us at 954 431 8100 or 305 614 9186 to set up a FREE consultation to discuss your legal options.

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

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

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

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

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

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

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

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

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

As a Weston pedestrian accident lawyer, I was sorry to read that a crash has claimed the lift of an elderly woman. The South Florida Sun-Sentinel reported Dec. 13 that 75-year-old Patricia Wardrop of Weston died that day of injuries she sustained in a parking lot accident the Friday before. Wardrop was at a shopping center in Pembroke Pines around 12:30 when driver Josephine Curatolo, 65, drove out of a parking spot, through some bushes and over a curb. Curatolo’s vehicle also hit two children, 10-year-old Luis Finol and 12-year-old Ana Finol, who suffered minor injuries. It was not clear whether they were with Wardrop. Law enforcement believes Curatolo may have hit the wrong pedal, and is asking witnesses with more information to contact the Pembroke Pines police department or CrimeStoppers.

The response to this accident has stirred up a politically volatile topic here in South Florida: driver’s license retesting for older drivers. Proponents believe this would cut down on preventable accidents caused by older drivers who have problems with vision, reaction time or cognitive decline. Opponents, including many people who would be affected, believe this is nothing more than ageism. Florida does require drivers over the age of 80 to renew their licenses every six rather than eight years, and requires a vision test at each renewal after that age, but critics charge that problems can begin before 80 and go beyond vision. As a Coral Springs pedestrian accident lawyer who sees a substantial number of very serious accidents, I believe it’s worth looking into. If scientific research shows that accidents decrease when older people are retested at each license renewal, I would support it.

Pedestrian accidents are among the most serious crashes on South Florida roads. Unlike crashes between two cars, pedestrian accidents pit an unprotected human body against a vehicle weighing thousands of pounds and traveling at many miles per hour. This is no contest at all, and the resulting injuries tend to reflect that. The most serious pedestrian accidents cause wrongful deaths as well as serious head injuries, spinal cord damage and other permanent disabilities. And because Florida law gives pedestrians the right of way in most situations, the crashes are almost always the fault of the person behind the wheel. This may be cold comfort for victims and their families, but it can be important later if they choose to pursue a pedestrian accident lawsuit.

Continue reading "Elderly Pembroke Pines Woman Dies After Driver Jumps Curb and Hits Pedestrians" »

As a Coconut Creek pedestrian accident attorney, I was interested to read about a lawsuit in an unusual pedestrian accident. The South Florida Sun-Sentinel reported Dec. 7 that the widow and daughters of an 80-year-old Hollywood man have sued the operators of the drawbridge from which he fell. Desmond Nolan was walking home from the beach on Sheridan Street when the drawbridge opened over the Intracoastal Waterway. As the bridge rose, he clung to the edge, but eventually couldn’t hold on and fell 60 feet to a concrete bridge below. He died later the same day at a hospital.

The drawbridge has flashing lights and arms that warn travelers not to cross when it’s about to open. However, a video posted on the Sun-Sentinel’s Web site shows that the arm on Nolan’s side of the road did not go down until he was well past it and onto the bridge:
 
The Nolan family alleges negligence by the drawbridge’s operator, Michael O’Rourke; his employer, ISS Facility Services; and two other drawbridge contractors, C&S Building Maintenance and Transfield Services North America. All three companies are contractors to the Florida Department of Transportation. The Nolan family’s attorney said they also intend to sue the Department itself, but must wait six months because of a legally required notification period for suing state agencies. The claim says O’Rourke should have checked for people on the bridge before he opened it, and that he failed to respond to motorists who were honking and screaming to get his attention.

I applaud this family for taking quick action on its legal claim. Some observers may believe it’s callous for the family to file a lawsuit so quickly, but as a Boca Raton pedestrian accident attorney, I know that suing a government agency requires victims to start their claims as soon as possible. As the article notes, people who wish to sue an arm of the Florida state government must notify the agency in writing six months before filing their claims. It’s only after the agency has a chance to reject or accept the claim that victims can file a real lawsuit. Meanwhile the statute of limitations for wrongful death in Florida is just two years. That means that if the family of a wrongfully killed person delays action for a year or more, they may no longer be able to sue at all -- no matter how strong their claim might be.

Continue reading "Family Sues Drawbridge Operators Over Elderly Pedestrian’s Fatal Fall " »

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

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

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

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

A Delray Beach police detective is in critical condition after a hit-and-run accident, the South Florida Sun-Sentinel reported Sept. 1. Detective Christian Mammarella was hit at 10:44 p.m. on Aug. 30 by a vehicle that his fellow officers believe was a dark-colored, late-model Volkswagen Passat or CC with wraparound headlights. Mammarella was searching for evidence at the side of the road when the vehicle apparently struck him and kept going, leaving him in critical condition in a hospital trauma unit.

A convenience store surveillance camera captured a brief video of what is believed to be the vehicle passing by, just before the crash:
 

Mammarella and two other detectives were searching a parking lot near the intersection of Linton Boulevard and South Dixie Highway, looking for evidence in a Boca Raton robbery. The two other detectives heard the crash and ran to Mammarella, who was closest to the road, and saw the vehicle continuing north. A spokesman for the Delray Beach police said police were confident that the vehicle was a late-model, dark-colored Volkswagen Passat or CC, probably with damage to its right front window or the right side of its windshield. It may have vanished suddenly under a tarp or into a garage since Sunday, the police said. They are using a state database to track down all cars in the state matching that description, but asked citizens with information about such a car to call Detective Justin Reed at 561-243-7850, Detective Gene Sapino at 561-243-7828 or leave an anonymous tip with Crime Stoppers at 800-458-8477.

As a Broward County pedestrian accident attorney, I wish law enforcement the best of luck in tracking down this driver. Pedestrian accidents can be brutal, because pedestrians travel with none of the protections we enjoy inside cars, such as seat belts, airbags and reinforced crumple zones. When cars hit pedestrians, they can leave the victims wrongfully killed or with catastrophic, disabling injuries such as organ damage, multiple broken bones, head injuries or spinal cord damage. If this driver is caught, he or she could be held legally responsible for causing injuries like these -- the article didn’t specify -- with a Delray Beach pedestrian accident lawsuit. That’s in addition to the severe criminal penalties the driver will likely face for not only hitting and running, but hitting and running a police officer.

Continue reading "Delray Beach Police Seeking Dark Volkswagen That Hit Officer and Drove Away" »

A woman died in North Florida recently after she was struck by a set of tires that separated from a passing tractor-trailer truck. According to the Panama City News-Herald, the victim, a visitor to Florida, was walking at a rest stop on Interstate 10. As the truck passed, its left rear tires separated from the axle and bounced into her, killing her instantly. The report said the accident is under investigation.

News reports elsewhere have called this a "freak" accident, presumably meaning it was very improbable. But as a Florida trucking accident lawyer, I wonder if it was. Most drivers don't realize this, but equipment failure is a key cause of accidents with semis, tractor-trailers, 18-wheelers and other large commercial trucks. According to a 2007 study by the Federal Motor Carrier Safety Administration, vehicle-related factors were the critical reason for 10% of all large truck accidents in the study. Brake problems were the most frequently cited associated factor, showing up in 29% of the cases, with tire problems (6%) and cargo shifts (4%) also frequently cited.

There are many reasons why trucks and equipment might fail. Some are inherent flaws in the equipment itself, meaning that it was always defective, either by design or manufacture. Others are ultimately caused by poor maintenance. Federal laws require that trucking companies and independent truckers inspect their trucks every day and meet certain safety standards. But that's expensive and time-consuming, and some businesses would rather make a little extra money than take the time to ensure that their equipment is safe, even when their own trucks and cargo are at risk. A National Transportation Safety Board study in 2005 removed a full 46% of randomly inspected trucks from the road because of brake problems alone.

Each time a trucking company or trucker fails to meet these maintenance obligations -- or knowingly drives with unsafe trucks or equipment -- all of the drivers around that truck are at risk of a very serious accident. Accidents between cars and large trucks frequently cause wrongful deaths, permanent brain damage or other very serious injuries. If the accident is caused by the careless behavior of the trucking company or its driver, the victims have the right to hold them legally and financially responsible for the results. If you or someone you care about is a victim, Cohn, Smith & Cohn would like to help. To talk with an experienced Florida attorney about your options and your rights, please contact us today for a free evaluation of your case.