Florida Injury Lawyer Blog

In Florida as in other parts of the country, drivers are worried about increasing gas prices. However, some researchers are claiming that the gas price jump, painful though it is, could be making the streets safer. A research study at the University of Alabama concluded that every 10% increase in gas prices translates into a 2% decrease in traffic fatalities.

While about 40,000 people die in car accidents across the country each year, researchers expect that current high gas prices will mean as many as 1,000 fewer deaths per month, which may 12 000 lives saved this year. Researchers attribute the reduction in car accidents to the fact that fewer people are driving less often. They also claim that many try to save on gas by driving slower, which also reduces accidents.

Other experts are not so optimistic, however. They point out that while car accident fatalities are down slightly, as motorists turn to other means of transport, other types of fatalities and personal injuries are on the rise. The Motorcycle Industry Council notes that sales of motorcycles increase 24% in the first few months of 2008. Yamaha scooter sales increased by 65% from this time in 2007. Vespa set a sales record doubled its previous record this May.

The National Highway Traffic Safety Administration reports that fatalities on motorcycles and scooters have increased 127% over the past decade. Serious injuries from scooter and motorcycle accidents – including spinal cord injuries, burn injuries, brain injuries, and broken limbs – are up too.

The National Highway Traffic Safety is reporting that a motorcyclist is 34 times more likely to die in collision with a vehicle than someone in car. Motorcycles are simply smaller and lighter than most cars and trucks and simply do not have much of a chance in a car collision. With more people driving SUVs and large cars, the motorcyclist’s chances are even slimmer.

If you do decide to get a motorcycle in order to save on gas, be sure to wear a helmet to protect yourself from fatal brain injuries. Statistics prove how important helmets are. Florida repealed its helmet law in 2002 and the first 30 months after that decision, authorities reported 40% more hospitalizations and 24% more fatalities when compared with the 30 months before the law was repealed.

Brooksville teenagers Justin White and Scott Avery were killed earlier this summer in separate bicycle accidents. The similarities between the two accidents have authorities asking the public to take another look at their bicycle lights. Both accidents occurred after dark and neither bicycle was equipped with lights.

The Florida Highway Patrol has noted that with Florida summer evenings being pleasant, many more bicyclists are on the road after dark. While motorists are obligated by law to watch out for bicycles and treat bicyclists like any vehicle, bicycle owners can help and reduce bicycle accidents by mounting a headlight at the front of their bicycle and a red light at the back.

Riding without lights means a greater risk of car-bicycle collisions. However, lack of adequate lights can also increase the chances of falls and collisions with objects in the dark. Bicycle accidents in the dark can occur when a bicyclist runs into something in the dark or runs over something and loses control of the bicycle. In each case, the accident can cause brain injuries, broken limbs, and other serious injuries.

Florida law necessitates that bicyclists out between sunset and sunrise must have a lamp on the front of their bicycle that is visible from 500 feet. The laws also requires a red light on the back of the bicycle that is visible from 600 feet. Reflectors are also helpful, but the small and not very expensive lights are far more visible to vehicles and therefore are more likely to reduce accidents.

The National Insurance Institute for Highway Safety reports that 60% of collisions involving motorists and bicycles involve bicyclists riding at night without proper lights. Lights simply provide a car with enough notice to stop safely. Without lights, experts note, motorists don’t have time to react correctly because they often do not see the bicycle in time, especially in dark conditions.

The Florida Highway Patrol suggests that parents teach their children and teens to equip their bicycles with lights and to use the lights. This is especially important for teens, who tend to ride alone at night. Authorities suggest getting teens to look at the bicycle as a precursor to a car. Just as your teen would not drive a car in the dark without lights, encourage your teen to avoid riding a bike in the dark without lights.

According to media reports this summer, Florida leads the states in the number of children who are drowned in swimming pools. Now that summer has arrived, many families turn to swimming pools to beat the heat. However, many state experts claim that the habit leads to many fatalities as well as a wide range of injuries that include spinal cord injuries, broken limbs, brain injuries, and other problems. Unfortunately, children are most likely to be injured in swimming pools.

Earlier this summer, a six-year-old girl drowned at a pool party in Jacksonville. There were about six children in the pool and adults nearby, but no one saw the girl go under the surface. She was taken to Wolfson Children’s Hospital, where she was pronounced dead. Unfortunately, this story is one of many tragedies that involves pools in Florida.

Experts agree that swimming lessons and training at an early age can help prevent pool accidents. Pool safety equipment can also be a good idea. However, many experts and parents think that equipment and lessons alone cannot help. They point out that in many cases safety-vacuum release systems may be answer. However, this has caused a great deal of controversy in Florida.

In 2007, the Florida Building Commission decided that new pools do not need to have a safety-vacuum release system. A safety-vacuum release device automatically detects a blocked drain and shuts off the drain. This removes the suction that may drag a child down under the surface. For now, these devices are optional and many blame the pool industry trade association pressure which successfully lobbied to make the devices optional.

Many parent and safety groups urge parents to have these devices installed in their pools. The pool builders association contends that the devices give homeowners a false sense of security that their pools are safer. They also argue that the devices do not work in cases where a child’s limbs, fingers, or hair get caught in the drain.

There are other ways besides the devices to keep children safer in pools. Careful supervision and frequent “everyone out of the pool” breaks are often a good idea, especially when a pool has many children in it. A well-maintained pool is also essential, as are many drains to reduce the suction. Anti-entrapment drain covers also help prevent accidents.

In Florida, high heat in the summer can mean safety issues. In the summer, most emergency rooms see a rise in water and heat-related injuries, and an increase in outdoor accidents. In many cases, these common Florida problems can easily be avoided. On hot days, heat cramps, heat exhaustion and heat stroke are the common problems.

Most people can stay cool quite easily, but the elderly are at risk. The elderly may need additional help in staying cool and hydrated on hot days, but nursing home and elder abuse inevitably means that some elderly Florida residents are neglected or left in warm conditions, which can be quite dangerous.

There are several tips that help keep elderly loved ones stay safe:

1) Reduce the possibility of heat cramps by ensuring that an elderly loved one stays hydrated and consumes enough sodium. Extra water intake on a hot day and a good diet are often sufficient. Keeping loved one in a cool place and allowing them to rest on hot days is important.

2) Eliminate the risks of heat exhaustion. Heat exhaustion can be serious. It can include sweating; fatigue; moist, pale skin, nausea; disorientation, a rapid pulse and fainting. Heat exhaustion can lead to slip and fall accidents. Again, keeping a loved one cool and comfortable is important to prevent heat exhaustion. Make sure that your loved one is not left out in the sun and make sure that he or she gets enough liquids and food.

3) Watch out for heatstroke. Heatstroke can be fatal. Symptoms are the same as that of heat exhaustion, but it addition to those symptoms a patient will often have a fever, hot and dry skin, breathing difficulties, rapid heartbeat, and constricted pupils. This illness can lead to seizures and loss of consciousness. If you suspect heatstroke in an elderly loved one, call 911 immediately.

4) Check on care facilities often. If your loved one is in a care facility, visit often to ensure that your loved one is not left outside. Look for signs of nursing home abuse and negligence and act quickly to prevent illness. Your loved one should be able to access a cool, shaded room at all times and should have cool sleeping conditions at all times. Make sure that your loved one is not left outdoors in the hot weather. Look for red flag signs such as sunburns. Ensure that your loved one is dressed in light clothing during the summer months and can wear a hat outdoors. Make sure that he or she drinks plenty of water and maintains a good appetite to replace electrolytes.

In Florida, summer can sometimes mean severe weather. While hurricanes, high winds, and thunderstorms can all cause personal injuries which can include head injuries, burn injuries, broken limbs, and even fatalities, the cleanup after storms can be just as dangerous in Florida. After a severe storm, many homeowners are faced with trees that have been blown down. In many cases, homeowners who try to remove these trees themselves injure themselves or create more property damage.

Chainsaw accidents are an especial concern for authorities after a severe Florida storm hits. Homeowners can reduce the risk of injury and property damage after a storm by:

1) Calling insurance companies first and taking pictures before removing trees. Sometimes, property owners go through all the trouble of removing debris and trees only to realize that they have removed valuable evidence in the process. If your home may be damaged and you may need to make an insurance claim, call your insurance provider before making any decisions regarding tree removal.

2) Contacting a professional. It is always much easier to contact a professional tree removal expert rather than attempt to get the job done yourself. Look for a professional who is fully insured and bonded. Many tree removal services are busy after a storm but many do have emergency services. It is often better to have a tree removed rather than attempt it yourself. Check with your insurance provider to see whether the cost is covered under your policy. Even if it is not, consider paying the cost out of your own pocket. It is always much safer.

3) Being careful with trees that fall over property lines. Removing a tree that has fallen onto a neighbor's property is tricky business. If you accidentally cause property damage or get injured while removing the tree, the resulting legal actions could sour your neighborly camaraderie. When trees fall across property lines, it’s always better to get professional help.

4) Registering chainsaws. If you do have a chainsaw, register the product and check recent recalls. Some chainsaw accidents are caused by product liability issues, so make sure that your chainsaw has been approved for safe use. Keep the chainsaw in good condition and avoiding using it if there is anything wrong mechanically with the product.

5) Proceeding with caution. If you absolutely must remove a tree that has fallen, take every precaution. Read the manual and instructions carefully and take your time when using the chainsaw. Take frequent breaks, since chainsaws are heavy and difficult to operate. Always work with someone who can help you with removing cut pieces of wood. This person can also call for help if you are injured.

It’s no secret that construction accidents are a major concern for the building industry. Across the country, as building projects heat up during the summer months, construction accidents are causing fractures, fatalities, burn injuries, head injuries, spinal cord injuries, and other disasters. Many of these injuries leave workers unable to return to work and create workers' compensation issues as well. Despite careful regulations and safety awareness, construction accidents still are a major concern.

This summer, many accidents have meant more focus on one specific piece of construction equipment: the crane. According to media reports, a larger-than-usual number of crane-related construction accidents have been occurring in New York, Miami and Las Vegas. In New York City, two crane accidents since March have resulted in nine fatalities. This is more than the total number of deaths that have been linked to cranes over the past ten years.

Crane regulations have by state and city and some areas have no regulations at all. Those areas with no regulations rely on federal crane guidelines that are nearly four decades old. Experts say that these regulations do not reflect the technological changes that have occurred in the industry. Some states do not have accurate figures about the number of cranes operating in the state and do not require training for workers who use the cranes.

In early 2008, Florida lawmakers considered and ultimately rejected a bill which would have imposed state-wide standards for Florida’s crane operators. That legislation was introduced after a crane accident killed two people in Miami. Despite support from the North Florida Associated Builders and Contractors, the legislation failed to pass. Now, the Association is noting that further crane accidents suggest the importance of Florida-wide crane regulations to reduce the number of construction accidents.

Industry experts claim that many crane accidents occur when tower frames are set up or dismantled. They claim that if operators are trained in the processes, the number of construction accidents involving cranes could drop. With downtown Miami undergoing more than $6 billion worth of ongoing construction projects in the commercial building industry alone, there is obviously some concern about crane safety.

While many contractors supported the bill, some contractors and crane owners claimed that the legislation could put them out of business. Some policymakers agreed. Another controversy surrounding the bill was whether counties would be given the right to adopt tougher standards than the Florida-wide established guidelines. Many in the construction industry claimed that counties should have this ability, since conditions in each of Florida’s counties vary, and each county may have different risks. However, others claim that individual county rules would make work much harder for contractors and would cost crane owners some jobs.

In Florida, golf carts are a common sight at this time of year. Not only are golf courses doing brisk business, renting carts as well as other equipment, but many Florida residents are scooting around on golf carts rather than driving a car or using a scooter. With the price of gas inching upwards, fun and speedy golf carts – which don’t run on gas – seem like a cute alternative in the summer months. According to studies reported by The Associated Press recently, however, golf carts can pose a risk.

New studies have found that golf carts have caused almost 50 000 injuries over a four-year period. The University of Alabama at Birmingham conducted on study of golf carts and concluded that approximately 1,000 Americans are injured on golf carts each month. People over 80 and men between the ages of 10 and 19 are most at risk. A research study conducted by the Center for Injury Research and Policy at Nationwide Children's Hospital found that the annual injury rates for golf carts increased 130% over 16 years. Part of the increase in injuries, researchers concluded, is because more people are using golf carts and using them in more ways. That study concluded that about 38% of injuries occurred when riders or drivers fell or jumped out of carts.

The most common personal injuries caused by golf carts include brain injuries and broken limbs. Golf carts have become more powerful and faster over the past decade, and some researchers believe that this has led to their popularity. Unfortunately, the added power means that golf carts do carry risks.

Golf carts can reach speeds of 25 mph, and while they are intended for leisurely zips around the greens, more and more people are using the golf carts in ways that they were not originally designed for. Despite this, researchers find that about half of all injuries involving golf carts do occur on golf courses or in other sports venues. Half of golf cart injuries occur on streets or on private property.

The University of Alabama at Birmingham study and the study conducted by the Center for Injury Research and Policy at Nationwide Children's Hospital both found that golf carts are often seen as a toy, a safe alternative for teens and children who do not yet drive. This perception allows many people to use golf carts on public roads and streets, which the researchers concluded can be quite dangerous.

The study suggests that parents should not permit golf cart use on streets or on private property. Giving teenagers and children golf carts to ride around is not safe. Most golf cart manufacturers clearly state the intended purpose of golf carts in their manuals and instructions. These instructions should be followed carefully to prevent injuries.

Now that many visitors are arriving in Florida for vacations and Florida residents are taking their own breaks from work, renting a personal watercraft has become the thing to do. At this time of year, rentals of boats are big business, but many rental companies are worried about accidents. Many rental companies don’t even rent boats to those below the age of 22, citing safety hazards. Many rental companies refuse to rent to young boaters because the majority of accidents that occur with rental boats occur within that age bracket.

Some rental companies are willing to take the risk, but would-be boaters need to be aware that 16 and 17-year-olds usually need a parent’s signature in order to rent a boat. In Florida, if you are under 22 years of age and want to rent a boat, you first need to complete a boater safety course. This involves watching an instructional video and passing a multiple-choice test. Once you have passed the test, you can have a permit that is valid for up to one year. With this permit, you can rent a boat and take it on the water.

The Florida Fish and Wildlife Conservation Committee notes that these rules are in place since most accidents occur because boat renters do not understand how to safely operate personal watercraft. Many rented boats are very fast and boaters lose steering when they take off the throttle. Those renters who are not familiar with jet driven boats often lose control, and according to the Florida Fish and Wildlife Conservation Committee, many boat accidents involving rented boats are off-throttle accidents.

Boating accidents can be quite serious. They can cause broken limbs, fractures, head injuries, spinal cord injuries, and even fatalities. In some cases, property damage can result from a boating accident. In accidents where a boat catches on fire, passengers and boat operators risk burn injuries, too.

Although most industry experts agree that first-time boat renters are most likely to be in a boating accident, there is some disagreement about which renters are at most risk. While some renters allege that younger boaters are most apt to be in accidents, the Florida Fish and Wildlife Conservation Committee alleges that accidents occur across all age groups and most fatalities in fact occur with older boater renters, who do not need to take the safety course before renting.

According to the Florida Fish and Wildlife Conservation Committee, boating accidents have in fact been on the decline. 161 boating accidents were reported in 2007, compared to 303 in 2002. Most of the time, boaters were either changing directions or cruising at the time of the accident. Most accidents included a collision between two vehicles and inattention was credited as the most frequent cause of accidents.