Florida Injury Lawyer Blog

Recently, there has been a great deal of information in the news about distracted driving. A number of news stories have reported on the dangers of driving while texting or talking on cell phones. The Oprah Winfrey Show featured distracted driving in a bid to send the message that texting and cell phone use while driving causes car accidents and other accidents. There are even groups calling for new legislation which would ban mobile device use in cars across the country.

There is no doubt that distracted driving is a major danger on our streets and can also lead to pedestrian accidents and bicycle accidents. Distracted drivers don’t just hit inanimate objects and other cars. In some cases, they hit pedestrians and bicyclists. Since bicyclists are not protected by a layer of metal and glass, the way drivers are, they are more likely to sustain serious head injuries, spinal cord injuries, and other injuries which may prove permanent or fatal. When distracted drivers collide with bicyclists, the results are often deadly.

While much has been said and written about distracted driving, however, less has been said about distracted bicyclists. While drivers need to avoid distracted driving to keep themselves, pedestrians, bicyclists, and other drivers safe, bicyclists also have a responsibility to keep themselves safe by not getting distracted when riding. Unfortunately, the message about distracted bicyclists is not being made as forcefully.

Many bicyclists feel that they can ride a bicycle while listening to music, talking on a cell phone, or even texting. In fact, some bicyclists may feel that this is safer than distracted driving because bicyclists are not in a car, which can cause a lot of damage in an accident. As well, many bicyclists see bicycling as a form of exercise and like to have music available while exercising.

Unfortunately, distracted bicyclists can be just as dangerous as distracted motorists. Bicyclists need to keep their eyes and ears fully on the road at all times, in order to hear and see clearly everything that is happening around them. Bicyclists need to be ready to respond quickly to changing road conditions and traffic conditions, especially when sharing roads with cars.

Distracted bicyclists who are not paying attention may veer into cars, bicycles, pedestrians, or other bicyclists. They can even cause an accident if a car swerves to avoid them. Bicyclists who are using a mobile device may keep only one hand on the handlebars, which can cause them to have trouble braking if they need to brake suddenly. It’s time to get the message out: distracted bicyclists can cause harm, just as distracted drivers can. Whether you are operating a motorcycle, bicycle, car truck, bus, train, or any form of transportation, you need to avoid distractions. It’s the only way to keep our streets and roads truly safe.

Safety rules for medical helicopters may tighten after 2008 saw an increase in the number of aviation accidents involving medical helicopters. Medical helicopters are designed to help save lives. When patients in remote areas need to be airlifted to hospitals or when patients need to be transported quickly to a facility with specialized care, medical helicopters can help.

According to the National Transportation Safety Board, there are 750 medical helicopters in use across the country. When an accident takes place with one of these helicopters, serious spinal cord injuries, fatalities, and brain injuries can result. The National Transportation Safety Board (NTSB) reports that aviation accidents involving medical helicopters claimed seven lives in 2007. In 2008, that number had climbed to twenty-nine, prompting concerns about safety regulations.

There are many theories for the increase in accidents. Some claim that the number of medical helicopters has increased in the past few years, also increasing the risk. Some experts allege that medical helicopters require more equipment to be safe. For example, night-vision goggles, some allege, could help reduce accident rates. As well, the conditions in which medical helicopters must fly is often a consideration. Since medical helicopters must fly to emergencies, they must often fly through storms and clouds which delay other flights.

In 2009, the NTSB conducted hearings about medical helicopters and their accident rates. As a result of those hearings, operators of medical helicopters may soon have more federal regulations governing them. The NTSB has suggested to the Federal Aviation Administration (FAA) that the FAA institute rules which would require night-vision goggles or devices on medical helicopters and would require additional training for pilots of medical helicopters. The NTSB has also recommended to the FAA that medical helicopters have flight data recorders on board as well. The Air Medical Operators Association as well as other groups support new legislation if it will help prevent accidents.

Besides changing rules for medical helicopters and their crews, legislation may be reconsidered for emergency crews. When medical helicopters land at their destinations, emergency crews – including ambulance drivers and fire departments – are usually standing by to help. These crews are responsible for directing the medical helicopters to a safe place on the ground that is free from uneven terrain, wires, and any other dangers. Currently, emergency crews are given classes about landing zones. Further training might help emergency crews help medical helicopters even more.

Accidental death or wrongful death suits occur when someone kills someone else through negligence or a willful act. For example, if a fatality occurs in a drunk driving accident, the family of the victim may pursue a wrongful death suit against the drunk driver. Statues govern the areas of law associated with accidental death suits. Every state has some form of accidental death legislation. These statutes were originally created to help orphans and widows who were left financially ruined after an accidental death. The statutes also aim to prevent preventable accidents and willful acts that lead to personal injury and fatalities.

Unfortunately, decisions about accidental death suits must often be made after a big loss, usually when families feel least able to confront such large legal matters. Hiring a qualified Florida personal injury attorney in such a situation is important. A caring attorney can advise you of your rights and options and can guide you through the process if you decide to seek action.

It is important to realize that accidental death lawsuits are completely separate from criminal proceedings. Even if someone has been acquitted in a criminal court of law, a victim’s family may still seek a civil action. Do not assume that you do not have an accidental death suit unless you have spoken to a qualified Florida personal injury attorney.

Accidental death cases may arise from intentional or unintended actions. If someone causes a head injury that eventually results in death, that can result in an accidental death lawsuit. If someone inadvertently causes a car accident that leads to a fatality, this can also lead to an accidental death lawsuit. However, an accidental death lawsuit can not be filed in cases where an unborn child is killed. If someone causes an accident which results in a woman losing her unborn child, a wrongful death suit cannot occur. However, if the woman gives birth to the child and the child later dies, then an accidental death lawsuit may result.

There are many guidelines as to who can file an accidental death lawsuit. Generally, a victim’s children, surviving wife or husband or next of kin can seek a wrongful death action. In some cases, children may sue only if they are not adults. In some cases, as well, parents can only sue if their children are unmarried and still financially dependant. Much depends on the specific jurisdiction in which a case is filed.

There is a family immunity, which prevents some family members from suing other family members for wrongful death. For example, a minor child cannot usually sue a parent for a wrongful death. This rule ensures that insurance companies do not have to pay multiple family members for the same accident.

In addition to family immunity, accidental death cases may be affected by sovereign immunity, which allows governments to be protected against lawsuits. Most states have waived this right in most cases, so that people may sue governments for negligence. However, sovereign immunity remains in the sense that there is a strict statute of limitations. This means that if a government has caused a death, in most cases the family has only a short period of time to file a claim.

A number of news stories have been reported in Florida recently about asbestos. Earlier this month, for example, he Cass Street Bridge in Tampa was reopened after it was closed for months for asbestos removal. Employees working on a highway construction site close to Fort Myers found very large quantities of asbestos at the site as well as concrete that was laced with asbestos. Ocala City Hall closed late last year after mold and asbestos was found in the building.

The asbestos cases resulted in one investigation, against a construction company. Posen Construction, working on the Summerlin overpass, was accused of using asbestos illegally after large amounts of the substance were found at the site. The Florida Department of Environmental Protection stopped the company from proceeding on the project while an investigation took place. The filler used in the project is allegedly made with a high amount of asbestos, and the county is blaming the construction company for the asbestos. If an illegal amount of asbestos is found at the site, it will have to be removed, although it is not yet clear who would be responsible for the costs.

The news highlights the prevalence of asbestos in our cities and towns. The substance was once used quite commonly because it was a fire retardant and was considered a safe building material. However, research showed that asbestos exposure leads to a form of cancer known as Mesothelioma as well as to other personal injuries and ailments. Today, many people who develop Mesothelioma or other serous ailments as a result of asbestos exposure seek help from the courts to get the financial resources they need for medical care. Companies are often eager to blame others – manufacturers or subcontractors – when asbestos contamination is found. This can make it hard for victims to recover the compensation they are entitled to by law.

Another problem, according to experts, is a lax attitude about asbestos on the part of lawmakers. In 1989, the Asbestos Ban and Phase Out Rule was created to eventually ban asbestos. However, the legislation was overturned. While the US has strict rules about the use of asbestos, it does not have a ban, like many countries do. This makes it legal to use asbestos in some applications and some projects (including road construction). Some experts believe that since asbestos has been proven so unsafe, a full ban is more practical.

If asbestos were banned outright, for example, much of the controversy in the Summerlin overpass project would not have taken place. The contractors would not be permitted to place any asbestos anywhere at the site and there would be no question over legal limits or cleanup. Experts also note that while there are strict guidelines for asbestos use in place, allowing even some asbestos to be used sends the wrong message. As well, even small amounts of exposure can lead to health problems, further suggesting a complete ban might be ideal.

Even though most homeowner do not consider their pools while the weather is cold – and the recent cold snap in parts of Florida is unlikely to make anyone crave an outdoor swim – any homeowners with a pool are still responsible for preventing pool accidents and drowning. Pool accidents are a major cause of injuries to minors and children, especially.

Children can easily fall into a pool or drown in the water. Even a pool that has been correctly covered for the winter can pose a drowning risk if curious children enter the pool area. Children who illegally access your pool area can still become killed or injured if they are able to crawl under a pool cover or fall into a pool. Even small animals can become trapped in your pool and die. If it has been a while since you have looked at your pool area, you will want to have a look.

Even in the winter, it is a good idea to check your pool area at least once a month and after any bout of severe weather. Your pool area should be secured with a tall fence and a gate with a good lock. However, keep in mind that children can scale or climb over fences, so the fence alone may not be adequate to prevent forced entry. Always carefully check your gate and lock when inspecting your pool area to check for signs of tampering or wear. Check all parts of your fence to ensure that it is sturdy and not in need of repairs. If you notice signs of tampering, report the crime at once and ensure that the area is secured to prevent further break-ins.

If you have a cabana or pool house, check the area carefully for signs of forced entry or recent residents. Anyone staying at your pool house or cabana illegally can have access to your pool and home and can cause a great deal of legal problems.

Many homeowners find that an alarm system provides the best peace of mind. When used in addition to a good fence and gate, an alarm system can alert you whenever there is a forced entry at your pool area. However, if you have an alarm system you still need to check this system to ensure that it has not been compromised or reset. You also still need to check the pool area carefully to ensure that no one has found entry around the alarm system. If you decide to install an alarm system, keep in mind that such systems may be offered at a discount at this time of year. Look for a good quality system that offers alarms even if a smaller child enters your pool area. This may create some “false alarms” when animals enter your pool area, but this type of system will keep you safest.

Each year, product liability cases arise when customers are harmed or injured by using incorrectly manufactured, designed, or stored products. Recently, product liability has been in the news again after it was revealed that some Chinese manufacturers have been knowingly using cadmium – a heavy metal known to cause cancer – in jewelry sold in the US. Defective and dangerous products such as this cause serious harm to US consumers each year. Children’s toys, for example, sometimes cause choking hazards or other harm. Other products have been linked to burn injuries and other serious injuries.

In many cases, a good Florida personal attorney is required to pursue a product liability case, since most companies have multiple insurance and coverage options. As well, many products today are manufactured overseas. When a company is accused of making unsafe products, there is often a blame game being played out. Companies accuse manufacturers (usually located overseas), while manufacturers blame exporters or parent companies. Stores selling the products are also sometimes accused or found to be partly liable.

Trying to determine who is responsible for an unsafe product takes a good attorney and an investigation team. Injured parties often feel that they are not given the answers they need from manufacturers and become frustrated when it appears that companies are allowed to produce such unsafe products with little harm to their reputations.

A recent release by LAS Newswire has revealed that the trend may be changing. The news agency reports that a Bloomberg study has found that juries are ruling in favor of plaintiffs in defective product cases. As well, the study found that the size of the verdicts imposed on large companies has risen. Both trends, say experts, are expected to continue into 2010.

In 2009, large companies had to pay out $620 million in defective product lawsuits in just the top five product-defect verdicts alone, representing a 53% increase over the previous year. Some experts think that the current unemployment rate as well as the economic recession is persuading juries to find against larger companies more often.

In 2009, the five largest verdicts returned in courts involved product liability cases. The largest case was a $300 million verdict against Philip Morris unit in Florida. Clearly, juries are more willing to penalize large companies and reward injury victims who have suffered due to product defects.

Although school bus accidents are not as common as car accidents, they do cause many personal injuries each year. In the 2008-2009 school year alone, 158 school bus accidents took place in Florida. What is even more alarming is that in every case, school bus driver error was determine to be the cause of these accidents. In 28 of these accidents, at least one person sustained a personal injury.

Drivers are repeatedly warned to drive safely around school buses, since school buses carry children. However, this latest statistics suggests that while drivers may be getting the message, school bus drivers may require added regulations. In many of the 158 school bus accidents in Florida last school year, driver error resulted when a school bus driver failed to yield right of way. In some cases, driver mistakes – such as an illegal turn – caused the accident.

School bus accidents are an especial cause of concern because these larger vehicles can cause a great deal of damage. A school bus filled with students can weigh 40,000 pounds, while most empty school buses can weigh up to 28,000 pounds. In comparison, most passenger vehicles weigh 5,000 pounds or less. In a car accident involving a school bus, the passengers in a car are very likely to be harmed.

Also, most school buses do not have seat belt systems for students. In a car accident involving a school bus, the passengers of a car may be injured, but children inside a bus may also be jostled and may sustain serious injury. Children can easily fall in a bus that has hit a car, and these falls can result in head injuries, broken bones, and other injuries. As well, the trauma and fear that these children experience can last some time.

Obviously, school districts and schools have an obligation to hire safe drivers. If a school bus driver is found to have an unsafe driving record, a school district may be held liable or partly liable for any injuries the driver causes. The driver will generally also be held liable for any injuries caused by reckless driving.

At this time of year, many accidents and claims are more common:

1) Car accidents. Car accidents can be more common at this time of year as poor weather and earlier dusk can mean more risks on the road. As well, flu and cold season is still in full swing, meaning that many drivers are driving while tired and ill.

2) Premises accidents. Many people start the new year by trying something new. Unfortunately, exploring new areas of town, going shopping in new stores, and visiting new places can lead to accidents and premises liability claims.

3) Product accidents and injuries. Many people are testing out new products and gifts they received or bought themselves over the holidays. While many are safe, some are not. Many injuries to children and minors occur at this time of year because a new product has been introduced into the home and has been shown to be unsafe.

4) Sports-related incidents. During the New Year, many people make resolutions to get in shape. Unfortunately, getting in shape suddenly, without doctor supervision, can lead to strained muscles and other sports injuries. People who head outdoors to jog or walk in order to get into shape may face an increased risk of pedestrian accidents. Even new exercise equipment in the home can be risky if it is not stored and used correctly.

5) Slip and fall injuries. An early sunset and wet weather can mean more slip and fall accidents. Among the elderly, especially, these accidents can lead to broken bones and even serious complications.

6) Brain injuries. Many people take advantage of the winter season in order to leave Florida and enjoy some winter activities. While winter sports – including skiing and skating – are fun, they also pose a risk for broken bones and head injuries.

While taking advantage of the first few weeks of 2010, please remember to stay safe. Use common sense and err on the side of caution when easing yourself into New Year activities.

Personal injuries, whether caused by car accidents, boating accidents, or other types of accidents, are always a tragedy. Even relatively mild injuries can cause financial loss and suffering, while more serious injuries can result in loss of life. Studies have shown that many injuries are in fact very preventable. This upcoming year, we can do our part in order to prevent injuries. Here’s how:

1) Get informed. Learn about the laws, rules, and legislation that affect your safety each day. In many cases, injuries and accidents take place simply because we do not know how to prevent accidents and injuries. Keep reading this blog for useful safety tips and read about safety through reliable online sources.

2) Get involved. Write to your congressperson or political representative about laws and issues which concern you. Learn about laws and if you see something that concerns you, ask your political representative to make changes that will keep everyone safe.

3) Practice good safety in your own home. Make sure that your home is designed to help minimize accidents. Make sure that floors and rugs are not slippery. Remove obstacles from the floors and install working fire alarms. If you notice something unsafe in your home, change it so that no one is injured.

4) Do the little things that keep other safe. You can help prevent many personal injuries. If you have a dog, for example, you can keep your dog indoors or in an enclosed area of your yard so that your pet will not bite letter carriers and other professionals. If you have a pool, you can help prevent pool accidents and drowning by carefully securing your pool when it is not in use.

5) Speak up. If you see unsafe conditions somewhere, bring it to someone’s attention. If you are in a store and notice a spill, report it to the business owner or manager. You could be helping to prevent a slip and fall accident.

If you are having trouble setting your resolutions for 2010 we have recommendations for resolutions that could save your life this year and the life of loved ones. Consider adding these resolutions to your list, for a healthier and safer 2010:

1) Resolve to develop a fire escape plan. Many homes do not have an active and practiced fire escape plan, even though such a plan can help save lives in the event of fire. Many families do not even have properly working fire and smoke detectors. This is the year to change all that. By having a good escape plan that is practiced and known by everyone in your family, you can help prevent serious burn injuries and fatalities as a result of fire. Just developing a plan for fire and practicing it a few times can improve the chances that your family will survive a blaze.

2) Resolve to drive more safely. Car accidents still claim many thousands of lives each year. You can help prevent becoming a statistic by practicing some good driver safety throughout the year. Make sure that you always wear your seat belt, and avoid distractions in the car. Make 2010 the year you shut off all mobile phones and devices while you drive. Pulling over to talk on the phone rather than taking calls as you drive will help you focus on the road more carefully.

3) Resolve to protect your brain. It seems like a funny resolution, but there's nothing funny about serious head injuries. Each year, tens of thousands of people sustain serious head injuries because they are not wearing adequate head protection. Whether you are on a bicycle, skates, snowboard, or skis, keep in mind that you need to protect your head in the event that you fall. Get a helmet that you love for each activity that you take part in that offers a risk of falls. Check your helmets at the start of the New Year to insure that they still fit correctly and show no signs of wear or damage.

4) Resolve to practice good water safety. Even though it's winter now, Florida will soon start to see some of its famously beautiful weather. When this happens, most of us will head to the beaches, boats, waterways, and swimming pools in order to take part in the many water activities that the state offers. Brush up on your swimming skills, take a CPR course, and learn how to stay safe in the water. This can help you and others who are swimming with you stay safe.

5) Resolve to take a racing class. It's a fun resolution, but a racing class can also help you become a better driver by teaching you how to handle curves, accidents, and other possible disasters on the racetrack. It's a fun way to actually improve your driving skills and keep you safe on the roads.

This is a time of year when many of us look forward to a better and brighter future. New Year's Eve is a time when traditionally many of us set goals and resolutions for the New Year. For 2010, you may wish to enjoy better health, better finances, and a better life all around. While we certainly hope that you reach all of these goals, and much more, do keep in mind that some New Year's resolutions can lead to personal injuries. Avoid injuries as you set out on your new life by following these tips:

1) Seek a physician's help if you're considering making changes for your health. Losing weight, getting fit, and stopping smoking are among the most common resolutions set every year. Unfortunately, the methods that some people use to achieve these ends are not always healthy. If you're starting a new exercise and diet regimen, for example, make sure you speak your doctor about healthy and safe ways to do this. It can help prevent painful strains and other stress injuries.

2) If you will be visiting a gym or purchasing equipment, carefully learn as much as you can before you spend your money. You want to ensure that you do not end up in a premises liability suit or personal injury lawsuit because you have purchased or used a product that is not very safe.

3) If you decide to start jogging or walking outside, this can be a great way to stay in shape. However, make sure that you wear reflective clothes and walk with a buddy to help prevent slip and fall injuries, pedestrian accidents, and other common injuries. Consider walking on designated trails in areas with plenty of pedestrians, rather than in areas that are heavy with traffic. If you decide to ride your bicycle in order to get more fresh air and exercise, also consider sticking to bicycle lanes and areas especially designated for bicycles. Follow all traffic rules to ensure that you are not in a bicycle accident.

4) If you've decided to travel more this year, brush up on your safety rules when traveling to prevent bus accidents, aviation accidents, and other serious personal injuries. Learning the safety features of your method of travel can help you survive an accident.

5) If you plan on taking a new class or driving out to see friends more often, make sure that you learn the route before you leave, so you can put all your focus on driving. Avoid distractions while driving to new destinations, especially. Keep in mind that the more time you spend of the road the more alert you need to be for potential danger to make sure you get to all your New Year's destination safe and healthy.

Property owners have an obligation to keep people visiting their property safe. Retail business owners, property managers, landlords, and property owners all have an obligation to ensure that their premises are safe. In fact, many business owners and property owners advertise their security systems and the safety of their premises to customers, patrons, and visitors. A condo building, for example, may promise the latest in security devices and measures. Many businesses charge extra for safety features.

Unfortunately, not all business owners live up to their promises in terms of adequate safety and security. Whether businesses promise safety and security overtly or not, they all have an obligation to ensure that their properties are safe. When owners and property managers are negligent in providing basic safety and adequate safety measures, they can be held liable if someone is injured on the property.

Inadequate security cases arise quite often when someone is assaulted, sexually assaulted, mugged, or otherwise harmed on a property due to inadequate security. In these cases, serious personal injury as well as emotional trauma can result. Even if the perpetrator is never caught, property owners can be held liable if it is shown that they are negligent in providing a reasonable amount or an appropriate amount of safety measures.

If you have been injured, assaulted, or otherwise harmed on a property, you may wonder whether you have an inadequate security case. There are generally three factors that determine whether you have a case. If these three factors are present, you may be eligible under Florida law to seek redress for your injuries:

1) The property owner failed to meet a legal duty that he was obliged to provide. That is, you may have a case if the property owner was negligent in providing adequate security measures. If there was inadequate lighting, inadequate warnings about potentially dangerous situations, or if there were other safety concerns that might have contributed partly or directly to your injury, you may have a case.

2) The property owner’s negligence resulted in your injuries. You may have an inadequate security case if the actions of the property owner resulted in your injury. For example, if a property owner did not install adequate lighting in an underground garage and you were robbed in the underground parking garage because you could not see your attacker ahead of time in order to escape, you may have a case.

3) You have sustained injuries or damages as a result of the incident. If you have been attacked, you may have been robbed of money, you could have sustained a head injury, broken bones, or other serious injury. You may have had to lose income because you could not attend work for a few days due to your injuries or due to stress. If you have needed to pay for therapy in order to resume your normal life, or if you have had to replace property that was stolen or damaged in the incident, you may also have a case for inadequate security.

If you are not sure whether you qualify for an inadequate security case, contact a qualified Florida personal attorney today. A good Florida attorney can tell you whether you have a case and can help you safeguard your rights in the event that you do.