Florida Injury Lawyer Blog

The Florida Department of Transportation is responsible for the Florida Pedestrian and Bicycle Program, which has a dedicated staff, many resources, and educational materials to help prevent Florida pedestrian accidents. The Florida Pedestrian and Bicycle Program makes educational brochures available and also runs the Florida School Crossing Guard Program and the Florida Traffic Safety Education Program.

The Florida Pedestrian and Bicycle Program is designed to help pedestrians (which in Florida are defined as anyone “afoot, in a wheelchair, on skates, or on a skateboard” enjoy safe and pleasant walking. The program also aims to assist bicyclists enjoy safe and convenient tours and bike trips. The program aims to reduce pedestrian accidents and automobile accidents involving bicyclists.

One of the most interesting programs run by the Florida Pedestrian and Bicycle Program is the Safe Ways to School program. According to a study conducted by the Florida Department of Transportation, only one out of six Florida children take a bike or walk to school. Five out of six Florida children get to school by bus or by private motor vehicle. This can actually create unsafe walking conditions, as it creates traffic congestion around schools and increases overall traffic.

The Florida Department of Transportation in conjunction with the Florida Pedestrian and Bicycle Program have launched the Safe Ways to School program to encourage walking to school. As the organizations point out, walking to school encourages exercise, which is essential at a time when childhood cardiovascular disease and obesity are at all-time high. Safe Ways to School is modeled on the Melville, Australia program "Safe School Routes,” which won a number of awards. Safe School Routes created solutions to traffic congestion and launched school initiatives such as safe houses and bus solutions to encourage safe spaces where children could walk to school.

The Florida Department of Transportation Safe Ways to School similarly uses traffic congestion and other incentives to encourage walking and to make walking to school safer. The Safe Ways to School focuses on infrastructure and non-infrastructure solutions. For example, the program aims to improve sidewalks, add signs, and reduce traffic in school areas. The program also focuses on non-infrastructure solutions such as enforcement of pedestrian and automobile legislation. The program has a school kit available for educators who wish to know more about the program.

Many parents want their children to walk to school or to get the exercise needed to stay healthy. However, fears of pedestrian accidents and other dangers propel many parents to drive their children almost everywhere. This may not only encourage obesity, but may cause children to become overly dependent on cars. The Florida Department of Transportation hopes to change all this in the near future.

Under Florida Law, anyone who knows, or has reasonable cause to believe, that an elderly person or other vulnerable adult is a victim of exploitation, abuse, or neglect, is required to immediately report the suspicion or knowledge. The Florida Abuse Hotline has a toll free telephone number, 1-800-96-ABUSE (1-800-962-2873) and a TDD number (1-800-955-8770) available 24-hours a day. A Florida Abuse Hotline counselor will let callers know whether the information that has been provided will be entered into a report for investigation.

The elderly are vulnerable to physical, mental, emotional, and sexual abuse as well as to neglect and exploitation. Neglect can involve an elderly person neglecting to care for themselves or can involve a caregiver neglecting the individual. Exploitation can involve someone trying to gain an elderly person’s funds, assets, or property by abusing a position of trust. In some cases, exploitation can be difficult to pinpoint. A person may be using an elderly person’s funds to care for the individual, but may be not providing adequate care with that money, for example. This can constitute exploitation in some cases.

If you believe that elder abuse is taking place, call the Abuse Hotline to make a report. To make your call more effective, please have this information on hand:

*Information about the victim. The more information you provide, the easier it will be for counselors to help. At minimum, have the victim’s description, age, sex, name, and address on hand.
*A description of the abuse, injury, or harm that makes you suspect abuse.
*Any information you have about the possible perpetrator, including their name, address, and their relationship to the victim.

Once abuse is reported, every attempt will be made to help the victim. However, an adult cannot be forcibly removed from a situation. This means that if an elderly adult does not wish to leave an abusive situation, no one can impede on their personal liberty and constitutional rights. The person can only be removed from a situation forcibly if they are found mentally impaired enough so that judgment and decision making are impaired. If an abuse charge appears to require a criminal investigation, Florida law enforcement will handle the investigations and prosecutions.

Continue reading "Putting a Halt to Florida Elder Abuse " »

We recently reported on nursing home abuse and negligence. It’s a difficult subject. Many families have a hard time making the decision to put an elderly family member into a nursing home or other care facility when caring for that family member is difficult. While nursing homes can provide an excellent level of care and comfort, many families worry that their loved ones could become victims of abuse and negligence. The best way to prevent this, according to the Centers for Medicare & Medicaid Services, is to consider every potential nursing home with a checklist. Families should look for nursing homes and facilities that are:

*Medicare-certified.
*Able to offer needed special services in a separate unit. This ensures that patients with special needs are offered the additional help they need.
*Close enough for visits. Frequent visits from friends and family are important to nursing home residents, and family and friends are also the first ones to notice and raise alarm when abuse or negligence seems to be an issue.
*Clean. The nursing home should appear well-maintained and should be free from unpleasant odors. Residents themselves should also be well groomed, clean, and appropriately dressed for the temperature and the time of day.
*Kept at a comfortable temperature.
*Able to provide good lighting – this is crucial in preventing slip and fall accidents.
*Able to restrict smoking to specific areas and are able to keep noise to comfortable levels.
*Pleasant and safe. There should be accessibility features such as ramps and bars on the sides of bathroom tubs. Furniture should be sturdy and not easily moveable, but should be attractive and pleasant to use.
*Hiring the right staff and training them well. Staff should have name tags and should be respectful, polite, and kind to residents and their families. Training and continuous training programs should be available (and mandatory) for staff members. Background checks should be run on all staff before they are hired.
*Sensitive to patient needs. Staff should knock before entering residents’ private rooms and plenty of privacy should be offered for bathroom use. Residents should always be referred to by name.
*Able to offer a full-time Registered Nurse (RN) in the home at all times. A good facility should also be able to offer the same Certified Nursing Assistants (CNAs) to work with the same residents 4 to 5 days per week. These CNAs should have reasonable work loads and should be able to get to know each resident well.
*Able to offer a full-time social worker and a licensed doctor on staff. Both these professionals should be reached at all times and ideally should be in the home daily.
*Well-established. A good nursing home should have a management team that has worked together for at least one year and should have an established record of treating residents well.
*Comfortable for each resident. Each resident should have a room with store space, personal belongings, furniture, water pitchers, a personal telephone and television. If roommates are necessary, each resident should be able to select their own roommate.
*Clear on policies. Polices about personal possessions, shared rooms, privacy, and resident rights should be posted and made clear to each resident and family.
*Safe. Exits should be clearly marked. A nursing home must have smoke detectors and sprinklers. There should be an emergency evacuation plan and regular fire drills. Preventative care – such as flu shots – should be available to all residents. Residents should continue to have access to their regular doctors as well as access to nursing home staff health professionals. A nearby hospital should be available for emergencies. Care plan meetings with family should be held regularly. A nursing home must have met all Federal or State requirements on its last state inspection.
*Able to offer healthy food items and snacks that are nutritious and varied. Residents should have a choice of items for each meal and assistance with eating, if it is required.
*Active. Residents should have a number of activities to choose from. There should be an outdoor area and indoor recreational areas, as well as an active volunteer program and staff who can help residents take part in the activities of their choice.

Florida attorneys – and, in fact, lawyers from across the country – expect that the recent massive recall of pet food produced by Canadian-owned Menu Foods will generate many lawsuits. Florida attorneys specializing in product liability cases expect that any state residents who have had a pet injured as a result of pet food will join in a class action lawsuit against the company.

Menu Foods started receiving complaints on February 20 that dogs and cats consuming their products seemed to be experiencing kidney failure. When the company ran tests on the foods they produced and found that 1 in 6 animals died during the tests after eating the pet food. After the tests, and three weeks after the complaints, Menu Foods launched a massive recall. More than 90 popular brands of pet food were recalled by the pet food giant. Many of the `cuts and gravy' style dog and cat food sold in North America were affected by the recall.

After the recall, it quickly became apparent that the pet deaths appeared to stem from some sort of contamination of the pet food. At first, federal investigators trying to pinpoint the exact cause of the contamination focused on protein filler wheat gluten. Eventually, however, it was determined that trace amounts of aminopterin, a rat poison banned in the US, was the contaminant. How the banned substance got into the pet food is currently under investigation. However, the fact that the substance is banned in the US and does not belong in any way in pet food products may further fuel lawsuits by pet owners.

Another controversy swirling around Menu Foods has to do with exactly how many pets have been affected by the tainted pet food. The company has officially only confirmed 16 deaths related to the pet food so far, although company representatives acknowledge that more pets may die in upcoming weeks as a result of the food. However, US-based website Veterinary Information Network has reported at least 471 cases of kidney failure among pets in the past 10 days alone. The website founder claims that the number of pets that could be affected in the coming weeks could number in the tens of thousands.

Kidney failure in dogs and cats gives the animals only slim chances of survival and treatment for the pets is costly. Florida attorneys expect that pet owners will be able to sue Menu Foods not only for vet bills and what the pet owners paid for the animal, but also potentially for sentimental values. Some pet owners are claiming that Menu Foods’ slow response to a possible danger as well as the actual cause of contamination show a recklessness or willful disregard, but it will ultimately be up to a court to determine how much Menu Foods is liable for the problem.

Sandra Banning’s mother Virginia Thurston was placed in a nursing home after Thurston’s dementia become difficult for her family to cope with. However, inside Jacksonville’s Southwood Nursing Center, Inc, in 2002, Thurston was raped by a fellow nursing home resident, Ivey Edwards, a man with a history of sex crimes.

Banning sued Southwood and was just recently awarded $750,000 in damages. However, Thurston had passed on before she saw justice done. She passed on in 2003. Edwards now lives in a Florida mental institution. He is currently 87 years of age and was deemed unfit to stand trial for the 2002 rape.

The case has raised a number of questions, specifically the steps taken to reduce Florida nursing home abuse. Banning and her lawyers maintain that the abuse that Thurston suffered was entirely preventable, because Edwards showed a number of signs that he posed a danger to other residents of the nursing home. Despite this, no action was taken by the nursing home to prevent the abuse that Thurston suffered.

While at the Southwood home, Edwards threatened his roommate, stabbed a social worker, and hit a staff member. In the 1960s, Edwards stood trial for sexually molesting children and spent a year in jail for the crimes. Edwards also had a history of 59 arrests since 1945. All these indicators, Thurston’s family asserts, should have told staff that Edwards was a threat to residents. Even staff at Southwood were afraid of him, testimony at the Southwood trial revealed.

Banning ahs stated that she will now petition Florida lawmakers to pass some of the same laws that Illinois has in place to prevent such nursing home abuse. Last year, Illinois passed a law that makes it mandatory for the Illinois Department of Law Enforcement to perform background checks on any person who is applying to enter a nursing home. The law also requires that nursing homes post signs telling nursing home residents when a sexual criminal is admitted among them. Although Illinois is currently the only state with such legislation, Banning believes that such a law could have prevented her mother’s abuse. She could have an uphill battle -- Florida Sen. Durrell Peadon introduced a bill last year that would have seen mandatory FBI background checks performed on nursing home residents. The bill was not passed.

Continue reading "Florida Nursing Home Abuse Case Settled – But a Little Late for the Victim’s Family" »

According to the Institute of Medicine's Healthcare Quality Initiative, medical errors cause 4,000 to 98,000 unnecessary deaths and 1,000,000 excess injuries annually in this country. Common errors include misdiagnosis, providing the wrong medication, unintended medicine interaction, and wrong site surgery. Other errors, such as failure to provide the correct type of care, can also be common. In many cases, poor communication, too many patients for too few healthcare workers, inadequate training for new equipment or procedures, miscommunication due to poor handwriting, and other factors lead to medical error.

Whatever the causes of medical error, there is no doubt that errors cause incredible pain and suffering. Each year, thousands of families lose loved ones and many more individuals are injured because of mistakes that in many cases are preventable. The number of medical malpractice cases shows that in many cases, patients feel that the errors which they have endured could have been prevented. When patients contact Florida attorneys in order to launch medical malpractice lawsuits, they are effectively saying that they believe that a medical error which caused them pain was caused by negligence, not by accident.

One particularly painful type of medical error which leads to medical malpractice cases is misdiagnosis. Misdiagnosis of a serious condition can cause suffering, as an undiagnosed condition continues to cause pain while untreated. Worse, misdiagnosis can often compounds other medical errors. When a medical condition is not correctly assessed and evaluated, the patient may be given the wrong medication or treatment, which can cause serious side effects or worsen an existing condition. In many cases – notably, cancer – when a medical condition is not identified in time, delay in treatment can increase the chances that a condition will prove fatal to a patient.

Diagnosis is the first and most important step of dealing with any medical condition, and when a physician or healthcare worker does not correctly diagnose a patient due to negligence, that patient has a right to get compensation for their suffering. Seeking the help of a Florida attorney in cases of negligence and medical malpractice is important. Florida lawyers can ensure that you get the best treatment possible once you have been correctly diagnosed. If you have been misdiagnosed, Florida attorneys can also find you the answers you need and can work to ensure that other patients do not similarly suffer from negligence.

Under Florida laws, not all cases of misdiagnosis can lead to medical malpractice cases. A misdiagnosis must be the result of negligence and must have caused injury or harm. A patient must have started proceedings for their case one year from the date the injury occurred or one year from the date when the patient could reasonably be expected to know that he or she had a legitimate medical malpractice case. However, there are exceptions if you did not know you had a case. If you have been injured or a loved one has died as a result of medical error, contact qualified Florida attorneys to find out whether you can still seek legal help.

Healthcare professionals have no legal obligation to be right in their diagnosis. Therefore, even if you have been injured or a loved one has been killed due to medical error, your attorney will need to prove that the doctor failed to take reasonable measures to ensure a proper diagnosis. If a healthcare professional fails to order the right tests, fails to obtain a medical history, or fails to recognize the symptoms of an illness, then a misdiagnosis may be considered negligence.

Continue reading "Florida Misdiagnosis Can Mean Medical Malpractice – What You Need to Know" »

SAFE KIDS is a worldwide association dedicated to preventing unintentional childhood injury. Currently, unintended injuries kill more American children than suicide, violence, and disease. In fact, unintentional injury is the number one killer of children in this country. Injuries to minors and children are preventable and are a serious problem, according to SAFE KIDS.

Unintentional injury is the number one cause of disability and death for Florida children 14 years of age and younger. Each year, more than 250 000 Florida children are treated in emergency rooms as a result of unintentional injuries and 7 000 children in Florida are admitted to hospitals each year because of these injuries. Treatment and hospital admissions costs for childhood unintentional injuries are more than $100 million annually in Florida alone, according to SAFE KIDS statistics.

According to SAFE KIDS, injuries to minors and children are most likely to be a result of:

* automobile and traffic accidents (including pedestrian accidents and bicycle accidents)
* fires and burns
* firearm accidents
* drowning
* slip and falls
* poisoning
* suffocation or choking
* farm-related injuries

SAFE KIDS Florida is teamed with the Florida Department of Health, Office of Injury Prevention, and SAFE KIDS Worldwide. The group organizes awareness campaigns and organizes local chapters which identify and target local injury factors. SAFE KIDS creates programs which aim to reduce injuries to minors. The group offers safety tips and raises awareness about recalls that can affect children. SAFE KIDS Florida has a team of public health officials, EMS, health care practitioners, firefighters, teachers, and business professionals who help with programs and campaigns. Right now, there are 6 Florida SAFE KIDS chapters and 11 local coalitions of SAFE KIDS in Florida.

Parents who wish to learn more about keeping children safe and wish to contribute to the work that SAFE KIDS is involved in can join a local chapter or coalition. Non-members can turn to SAFE KIDS when teaching their children about safety as well.

Continue reading "Can SAFE KIDS Reduce Injuries to Minors and Children in Florida?" »

The Centers for Disease Control and Prevention report that each year over 4.7 million people are bitten by dogs. Over 800,000 of these dog bite injuries are serious enough to warrant medical attention. Although many Florida residents see dogs as harmless pets, most Florida attorneys see enough dog bite injuries annually to know that dog bites result in serious personal injury. Dog bites can cause serious emotional and physical damage. Many victims of dog bites need cosmetic surgery and an extensive period of rehabilitation. Most victims need to be tested for – and sometimes treated for – any diseases that a dog had at the time of a bite. Dog bites can cause infection, blood loss, loss of function of limbs, and other serious injuries. In some cases, dogs can attack, sometimes causing fatalities.

Insurers and homeowners need to be aware that more than half of all dog bites occur on the dog owner’s property, according to the CDC. About 4% of all homeowner insurance claims are liability claims. In 2005, about 15% of liability claims dollars paid under homeowner insurance policies were related to dog bites. In 2005, dog bites injuries cost $317.2 million for insurers.15,000 dog bite injury claims were paid by insurers that same year, and the cost of the average dog bite claim was $21,200.

Perhaps because of the serious nature of dog bite injuries, most states have penalties and laws meant to hold dog owners responsible for serious injuries resulting from dog bites. In most states, owners are liable if they knew their dogs tended to bite. In some states, including Florida, owners are "strictly liable." This means that even if a dog has no prior history of biting, an owner may be held liable for the injuries that a dog inflicts.

However, Florida dog owners are protected by two exceptions. The first is known as “comparative negligence.” Basically, the victim’s percentage of fault is taken into account when determining liability. Secondly, if an owner has a “bad dog” sign, no recovery is available on specific types of dog attacks.

One difficult problem that arises with dog bites concerns children. According to the CDC, children between 5 and 9 years have the highest instance of dog bite injuries. A worrying trend concerning these injuries to minors has to do with the scope of bites. Children who are four years of age or younger are most likely to be bitten in the neck or head area, increasing the possibility of serious or even fatal injury.

Florida law has determined that children under the age of six are presumed to be incapable of comparative negligence. Dog injury victims who are six or older may be held partly at fault in dog bite cases. In these cases, a jury decides whether the child could understand and avoid the danger. In these cases, too, the parents’ role in the injury is often considered, even if the parent is not named as a defendant. If inadequate supervision of a child contributed to a dog attack, the compensation payable may be reduced.

Continue reading "Understanding Florida Dog Bite Laws" »

In our last post, we discussed electrical construction accidents, which kill many workers in Florida – and in fact, across the country – each year. Today, we would like to offer some tips for avoiding these common accidents:

*Protect yourself from contact with power lines when on construction sites. Look for signs and indicators of buried power lines and look for overhead lines when working. Contact utility companies before doing any digging in order to affirm the locations of buried power lines. Proximity to overhead power lines can increase the odds of workplace accidents, so always stay at least 10 feet away from these lines. Always assume that overhead lines are energized, unless you can definitively prove otherwise. Always use non-conductive wood or fiberglass ladders if you will be working near power lines; these pieces of equipment can help you prevent a serious construction accident. When working near or with power lines, follow proper procedures. Depending on the situation, lines may need to be insulated, guarded, grounded, or de-energized.

*Make sure that the power supply to the electrical equipment at a construction site is grounded properly and in used in correct conditions. Make sure that all power supply systems, electrical circuits, and electrical equipment is correctly grounded and conduct regular electrical systems inspections to insure that the path to ground is not broken in any way. Before each use of electrical equipment, look at the equipment and refuse to use it if it appears faulty or damaged. Remove all damaged electrical equipment from use/
Only use double-insulated tools at a construction site.

*Ensure that all equipment is used correctly. Only use only equipment that meets OSHA
Standards and be sure to follow the manufacturer's instructions when using the equipment. Ignoring manufacturer’s instructions can invalidate warranties and can lead to serious injuries. Be especially careful about cords – never use them incorrectly and never alter them. Some construction sites use equipment that has been custom made or has been altered or repaired. Be sure that all such equipment on your construction site is in OSHA compliance.

Of course, even with these precautions, Florida construction workers are only as safe as their equipment and management teams. When those in charge do not provide safe working environments and when equipment and tool manufacturers do not provide safe products, injuries can still occur. Electrical construction accidents can be very serious, and Florida construction workers each year suffer from burn injuries, falls, and even death as a result of unsafe conditions or equipment. Everyone has a responsibility to keep construction sites safe.

Continue reading "Helping Avoid Florida Construction Accidents" »

Construction sites pose a number of hazards and according to statistics, each day at least one person in this country is injured on a construction site. Both small construction sites and large building projects can be dangerous and can be the scene of accidents. Although construction accidents can include everything from roof falls, crane accidents, ladder falls, trench collapses, fires, explosions, vehicle accidents, compressed gases accidents, welding accidents, scaffolding accidents, heavy equipment accidents, to lifting equipment failure, one of the more common sources of construction and industrial accidents can seem innocuous. Something as simple as electricity causes a large percentage of all accidents on industrial sites.

Electricity is often essential to power a construction site. In addition, virtually all buildings and construction sites require the installation of electricity at some point, meaning that most sites include exposed wires at some point. Many construction sites also include work in high area or on tall equipment, creating the very real danger of contact with power lines. Many construction accidents linked to electricity are caused by power line contact, inadequate ground-fault protection, inadequate path to ground, and improper use of equipment and cords.

Buried and overhead electrical power lines can cause falls, death, and burn injuries. Many power lines carry very high voltage and many workers at construction sites use equipment or tools – including raised truck beds, scaffolds, metal ladders, cranes, long-handled cement finishing floats, metal building materials, aluminum paint rollers, backhoes, and concrete pumpers – which can bring workers into contact with power lines and can even conduct electricity.

The ground is discontinuous or absent in wiring or electrical equipment, a worker may be electrocuted. Ground can be disrupted by rough treatment of equipment, by faulty equipment, or even by extreme conditions. When this happens, fault current can travel through a worker’s body, causing burns and even death.

Site management is responsible for ensuring that equipment is used correctly and manufacturers are responsible for ensuring that their equipment meets safety standards. Even simple equipment such as extension cords can cause electrocution, burns, falls, and other perils when used incorrectly. Seemingly safe equipment can become fatal to workers if not used properly or when it is not kept in good repair.

Continue reading "Florida Construction Accidents Often Caused by Electricity " »

According to the U.S. Consumer Product Safety Commission (CPSC), there are a number of common products that cause burn injuries each year. Unfortunately, many people are simply not aware of the dangers. The Florida attorneys at The Law Offices of Flaxman & Lopez want everyone to be aware of these common hazards:

*Mattresses and Bedding. About 20,800 fires start in bedding and mattresses annually. Current federal guidelines require that bedding products resist ignition from a smoldering fire caused by a cigarette. Tests on mattresses have shown that mattresses can be engulfed in deadly flames in only three minutes. Many manufacturers make use of Polyurethane foam in mattresses, as the product meets current flammability standards. However, the material is made from hazardous chemicals that can actually make a traditional mattress highly combustible. Worse, the foam produces toxic cyanide gas when lit. This gas is disabling and deadly, meaning it can actually inhibit a victim’s ability to flee a fire.

*Clothing. About 300 emergency room visits each year are attributable to burn injuries caused by children’s sleepwear. The Flammable Fabrics Act, 15 U.S.C. 1191-1204 outlines a apparel test, SC 191-53, which requires that test samples of adult clothing take longer than one second to ignite. The test requires that after ignition the flame move along 5.5" at a rate greater than 4 seconds. Many experts have criticized the current regulations and vague and dangerous, since the test can allow clothing which is as flammable as paper to pass the test. The test for children's sleepwear, 16 CFR 1615-1616, is stricter, thanks in part to campaigning by the CPSC for tougher regulations. Even when it comes to children’s sleepwear, however, the tests are not always stringent as the manufacturers regulate themselves.

*Heaters and Fireplaces. A government Safety Alert from the CPSC has been issued about the possible hazard of secondary heaters. About 10,900 fires were caused in a recent year by heaters. The same year, 15,500 fires and 40 deaths were caused by fireplaces or chimneys. Heaters caused 100 carbon monoxide deaths the same year.

Although many people assume that their homes are safe from fire, these facts show that they are in fact not safe at all. Florida burn injuries occur each year due to clothing, heaters, and bedding products. Florida residents may wish to check these items in their homes to ensure that these products are in good shape and are recent. Consumers may wish to check to make sure that the products they are using in their home have not been recalled due to defect. Extra caution – and of course, good working fire alarms in the home – are vital in preventing tragedy.

If you or a loved one have already suffered a burn injury due to a product defect or due to an accident, it is important to contact qualified Florida attorneys at once. Many of the treatments and procedures required to rebuild the skin after a burn injury may not be covered by traditional medical insurance. Qualified Florida lawyers can ensure that you get the medical treatment you need.

Continue reading "Florida Burn Injuries May Be Caused By Common Products, Florida Attorneys Say" »

The Brain Injury Association of Florida, Inc.(BIAF) is developing an awareness campaign to educate Florida residents about the realities of brain injuries, after Governor Crist proclaimed March as Brain Injury Awareness Month. The BIAF is being helped in its efforts by ABC News journalist Bob Woodruff, who has recently gone public with his experience dealing with a traumatic brain injury. With Woodruff’s coverage and Governor Crist’s support, the BIAF hopes to raise funding and increase awareness about brain injuries.

The BIAF hopes its campaign will raise much-needed money for injured soldiers who have suffered traumatic brain injury while on active duty. The organization also hopes that increased awareness will help families and victims cope with injury more effectively. Currently, the BIAF website and members provide support and information, but the association hopes that this high-profile campaign will prove even more effective.

The BIAF is proud of the fact that Florida has one of the biggest and best-funded associations for brain injury awareness and support in the country. The state is able to provide a number of excellent care options for victims, including cognitive therapy. Unfortunately, according to the BIAF, there are still far too many patients not getting the care they need. Also, as both the BIAF and as Florida attorneys know, there still seem to be far too many brain injuries occurring, in car accidents, workplace accidents, and in other situations. Many of these injuries seem to be preventable.

The BIAF hopes that the new campaign will warn people to be more careful and will show them that brains are things that must be cared for. The BIAF has been working with Florida’s Brain and Spinal Cord Injury program to offer counselling, programs, resources therapy and other types of support for brain injury survivors and their families. The BIAF hopes that more people will become aware of these programs and will make use of them during the month of March and beyond.

Continue reading "Florida Declares March as Brain Injury Awareness Month" »

According to the Florida Fish and Wildlife Conservation Commission, the number of registered vessels in Florida in 2003 (the last year for which statistics are available) was 978,225, which represents an all-time high. Florida’s many waterways and mild weather make it an ideal boating destination. Unfortunately, the large number of Florida boaters also means a larger number of Florida boating accidents.

According to the Florida Fish and Wildlife Conservation Commission, most Florida boating accidents occur in March, April, May, June, or July between noon and 6:00 pm. About 48% of accidents were caused mostly by either carelessness or disregard of navigation rules. Men between the ages of 22 and 50 who have no formal boating education but have more than 100 hours of boating experience are most likely to be involved in an accident.

Each year, many Florida attorneys are contacted about boating accidents, and it’s no surprise: according to the Florida Fish and Wildlife Conservation Commission statistics, 16% of boaters or passengers in a vessel who are involved in a boating accident are killed or injured. In fact, boating accidents kill more than airplane or train accidents.

In addition, many boating accidents cause property damage. The U.S. Coast Guard reports that boating accidents cause more than $240 million in damage each year across the country. Despite this, many boating accidents seem preventable, since the vast majority of those involved in these incidents seem to have no formal boating accidents. It seems that simple attention to boating regulations and formal classes can significantly reduce the instances of accidents.

Another troubling trend for boaters and Florida lawyers is the number of Florida boating accidents involving alcohol or drugs. According to statistics, thousands of boaters are arrested each year for operating a vessel while under the influence. Approximately half of boating accidents across the country involve drugs or alcohol.

Adding to the problem is the fact that boaters often experience "boater's hypnosis," or a type of fatigue and slowed response time caused by the conditions of the water and the hum of the vessel. When alcohol or drugs are added to this condition, the possibility of an accident is even higher. Currently, operating a boat under the influence is considered a federal offence. Any boater found guilty of this offence may face a $1,000 fine as well as other penalties.

The state of Florida has a number of laws surrounding the bicycle, which in the state is legally defined as a vehicle. Florida attorneys, police officers, and doctors all agree that if more bicyclists adhered to the rules of the road, there would be fewer bicycle accidents on the roads each year. Florida’s cities and municipalities have their own ordinances about bicycles. Copies of these ordinances can be obtained from the local law enforcement agencies. It is also important for bicyclists to become familiar with the state regulations regarding bicycles. Some highlights of these laws include:

Section 316.2065, F.S. (Regulations Regarding Bicycles):

*Like drivers of other vehicles, bicyclists have to obey all traffic laws, controls and signals.

*Each bicycle can only carry the number of people for which the bicycle was designed.

*Each bicycle must have a fixed, regular seat when in use.

*Each bicycle must have functioning brakes. These brakes must allow the bicycle to stop within 25 feet when riding at 10 miles per hour.

*At least one hand of the bicyclist must be kept on the handlebars at all times while the bicycle is being used.

Section 316.2065, F.S. (Regulations About Riding on Sidewalks):

*If a bicyclist chooses to ride on sidewalks, the bicyclist has the same responsibilities and rights as a pedestrian.

*Bicyclists on sidewalks must give an audible signal before passing pedestrians and must yield the right-of-way to pedestrians.

Section 316.2065, F.S. (Regulations About Lighting):

*Any bicycle ridden between sunset and sunrise must have, at absolute minimum, be a front white light that is visible from 500 feet and a red reflector and a red light on the rear that is visible from 600 feet. Additional lighting can greatly enhance safety.

Section 316.2065, F.S. (Regulations Regarding Roadway Position)

*If a bicyclist is not traveling at the speed of traffic he or she must ride near the right-hand curb of the road. The bicyclist may only leave this portion when passing, when making a left turn, or when striving to avoid road hazards.

*A bicyclist riding on a one-way street with may ride near the left-hand edge of the road.

*Bicyclists who are riding together can ride no more than two abreast unless on bicycle-only paths. If on a roadway where two abreast interferes with the normal flow of traffic, bicyclists shall ride single file

Sub-section 316.155(2) and 316.157(2), F.S. (Regulations About Signaling Turns)

*About 100 feet before an intended turn, the bicyclist must signal for the turn.

*A bicyclist must signal a turn right by extending the left hand and arm up or by extending the right hand and arm to the right side of the bicycle horizontally.

Other regulations may apply. Bicyclists should make themselves aware of the laws of their state and parents teaching their children to ride a bicycle are responsible for teaching their children safety rules and laws. Local law enforcement and local bicycle clubs have full details surrounding laws.

The Federal Aviation Administration and Florida attorneys are calling for a review of air accidents and laws governing aviation in the state of Florida. The move comes from the fact that Florida is seeing an upswing in aviation traffic, partly due to its fairly flat lands and clear weather. More travelers into the state are also contributing to more traffic, so that the state is now the country’s second busiest state in terms of air traffic, according to an MSNBC report.

More traffic in Florida, obviously, increases the likelihood of aviation accidents. This is especially the case since state regulations have actually decreased in Florida while traffic has increased. Florida, for example, has replaced abandoned mandatory runway operation reports with a voluntary online reporting system. The state has also handed over approval of expansion of private airports to local zoning authorities.

Some are worried that these two factors – increased air traffic and decreased state regulations – may contribute to higher Florida aviation accident rates. Some studies suggest that aviation accidents in Florida are already on the rise, especially in the central part of the state. Over the past 6 years, Florida has seen an average of 131 aviation accidents per year. Volusia County alone averages between 10 and 12 such accident annually.

As both Florida attorneys and aviation accident victims know, aviation accidents are serious business. Many of these accidents lead to serious personal injury and a significant number lead to fatalities. Permanent disabilities are also caused by aircraft accidents each year. The FAA is replacing its Aviation Safety Program, with its focus on preventable accidents, with the FAA Safety Team Program. This new program will stress “elusive accident causes.” It is hoped that this move will reduce the number of accidents in the state.

If you or a loved one have already been injured as a result of an aircraft, though, you need to contact a qualified Florida attorney. A good lawyer can advise you of your rights and can ensure that you get the quality medical treatment you deserve.

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