Florida Injury Lawyer Blog

Helicopters are increasingly used in everything from firefighting to medical emergencies. There are more helipads than ever before and some affluent individuals even used helicopters to travel. Recently, a tragic helicopter accident in Florida claimed the lives of three people. The incident involved a Mayo Clinic helicopter and after the accident a number of questions have been raised about the safety of emergency helicopter use. In addition to the accident, there has been some media attention concerning the safety of medical helicopters.

In 2010, Popular Mechanics published an article claiming that pilots who man medical helicopters have among the most dangerous jobs in the US and fly some of the most dangerous missions. According to the article, in some cases helicopters are used even when other alternatives are available. The article also suggested that medical helicopters require less strict protocols and fewer safety mandates than most other kinds of aircraft. For example, medical helicopters do not need to comply with the strict weather and pedestrian checks that other aircraft need to consider. Potentially, this could mean that helicopter accidents are even more of a concern than Miami airplane accidents.

According to some sources, for medical helicopters the fatal accident rate is 1.18 for every 100 000 flight hours. This compares to 1.13 per 100 000 hours for air taxis and general aviation flights. In 2011, The National Transportation Safety Board announced that accident rates for medical emergency helicopters are not acceptable.

Medical helicopters are used for many purposes. They fly patients into hospitals in emergencies, for example, and they fly donated organs to airports for transport. They are also fly a number of other missions. Medical helicopters range from top-of-the-line twin-engine autopilot air ambulance to more economical single-engine models. There is no definitive data about differences in medical ambulance accidents between different models.

For patients, the results of medical helicopter crashes can be devastating. At a time when patients already need to be aware of Miami misdiagnosis and other problems that can lead to a Miami medical malpractice lawsuit, helicopter accidents are one more additional worry. A patient who is being transported to a hospital for emergency treatment via helicopter is unlikely to survive the crash. Medical helicopter crashes can also destroy the donated organs which can be a patient’s only hope of survival.

Proving liability in a medical helicopter crash can also be challenging. Private investigators may be dealing with a site that is heavily damaged by the crash itself. They can check the equipment made available for the pilots, the condition of the helicopter, and the training of the pilots and crew. Proving liability, however, can be challenging, especially since in many cases the helicopters are owned by third parties and are in use for hospitals.

Continue reading "How Much of a Concern are Personal Injuries in Miami Helicopter Accidents?" »

While experts continue to voice concerns about the number of Miami traffic accidents overall, at least one report suggests that train crossing accidents, at least, are fewer in Florida. According to information gathered by the Federal Railroad Administration, the number of crashes involving trains and vehicles declined in Florida during the first nine months of the year. The number of injuries also declined when compared with statistics from last year. Across the country, the number of injuries caused by train-vehicle collisions increased 14% while the number of collisions declined slightly nationwide. This means that Florida is ahead of the curve when reducing the number of train-car accidents.

Between January and September of this year, there have been forty accidents at railway crossings across the state and six fatalities. Miami-Dade County has not had any such accidents, while Broward County has had two fatalities and five accidents and Palm Beach County has had five accidents and one fatality.

Last year, the Federal Railroad Administration ordered ten states, including Florida, to devise five-year plans to reduce the number of accidents at railway crossings. Florida has stated that most South Florida railway crossings have devices which prevent motorists from colliding with trains. However, Florida has stated that it will improve education programs to help people understand how to cross railway tracks safely.

As part of Operation Lifesaver, authorities hope to instill three main rules with motorists:

1) It is important to always anticipate a train when approaching a rail crossing. Trains move quickly and may approach from either direction. In many cases, motorists enter the rail crossing because they assume that a train is not coming, but this can be a deadly mistake.

2) Do not drive distracted. It is important to avoid using a mobile device in cars and to turn down the car stereo as well. Talking on the phone (even with a hands-free device) or listening to music can cause you to miss important audio alarms that can alert you of an oncoming train. It is also important for pedestrians walking near tracks to avoid listening to music or talking on a mobile device. Again, distractions can cause tragic Miami pedestrian accidents in this type of situation because pedestrians may not hear an oncoming train.

3) Only cross a rail crossing if you can completely get by the rail without stopping. If there is traffic, wait until the traffic ahead of you moves forward enough to give you adequate room to clear the train tracks. Otherwise, you may get stuck in the middle of the tracks. In this situation, you could be in a serious Miami car accident if a train suddenly approaches. Trains travel very fast and even if a conductor sees you on the tracks, he or she may not be able to stop in time since trains require a much larger stopping distance than cars or even trucks.

Continue reading "Are Miami Train Accidents Involving Cars Becoming Rarer?" »

At this time of year, children receive many toys and while these gifts are meant to bring nothing but joy, each year children are admitted into the emergency room due to toy related injuries. Each year, after the holidays, Miami products liability cases are launched due to unsafe toys that cause harm. To ensure that your holiday season is safe and fun, follow these tips to keep your children safe:

1) Check toy reviews. At this time of year, especially, many children’s magazines and parenting magazines (as well as local newspapers) run reviews of popular toys, ranking toys by safety and fun. Read some reviews when making up your shopping list to ensure that you are buying safe toys.

2) Try to buy new. While gently used toys can be safer for the environment and less expensive, they do pose risks. Older toys may be damaged and no longer safe, and those toys may be recalled. It is better to buy a smaller new toy than more used items. If buying for someone else, err on the side of caution and consider gift cards. These can be used to buy a number of toy items a parent considers safe.

3) Sign up to receive toy recalls. Receiving toy recall information online ensures that you are notified instantly about any toys on your shopping list or any toys your children have received. This way, if the toys pose a Miami burn injury hazard or any other hazard, you will be able to remove them right away.

4) Check the toys your child receives and register the toys, where possible, with the manufacturers. Manufacturers will let you know when a recall has taken place and being registered will make it easier for you to get a replacement toy.

5) Don’t rely just on recalls and toy reviews – check toys carefully. Just because a toy has not yet been recalled, it does not mean that it is perfectly safe. Always check toys carefully before you buy and check toys carefully before you let your children play with them. Sharp edges and small parts can still mean Miami personal injury claims, even if they toy has not yet hurt anyone. If a toy seems unsafe, don’t let you child play with it, no matter what the manufacturer claims and no matter what the reviews say.

6) Pay close attention to age ranges for each toy. A toy that is perfectly safe for an older child can pose a serious hazard for a smaller child. For example, a toy that is quite safe for a teen may contain small, removable parts that can pose a serious choking hazard to a toddler. When buying and receiving toys, take a note of the age range for each toy and ensure that it matches the age of the recipient.

Continue reading "Miami Product Liability and Toys" »

Unfortunately, in many communities, the holidays are a time of many fires and burns. Holiday lights, decorations, meals, and candles all pose Miami burn injury hazards at this time of year. To prevent this type of Miami personal injury, follow these simple tips for the holiday season:

1) Be careful when hanging holiday lights and decorations. Any lights and decorations with electrical wire need to be checked carefully for damage. Any frayed or worn cords should be replaced promptly. When plugging in lights, check manufacturer instructions to ensure that you are using the right lights and the right plug for your needs. You should never, for example, hand indoor lights outdoors. Check lights occasionally to ensure that they are not too close to heaters or any flammable materials (such as curtains).

2) Be very vigilant about candles. Candles lead to a large proportion of Miami holiday fires. If you like the look of candles, consider battery-operated candle-like decorations, which pose a smaller risk of fire. These decorations can be an especially good idea if you have small children or pets, who can easily get burn injuries or can cause a fire by playing with candles. If you do decide to use candles, ensure that they are placed far from any flammable materials and keep them well supervised. Extinguish your candles before heading outdoors to errands.

3) Do a quick walk-through of your home before leaving for extended periods of time. If you are heading out for hours of shopping, to a holiday party, or are leaving for the holidays, stroll through the house to ensure that there are no obvious fire hazards. Make sure that holiday lights are out, candles are extinguished, and that your stovetop is off. At this time of year, many of us are a little rushed, and it’s easy to make mistakes or to overlook an obvious hazard. A quick check before you leave can help save your home.

4) If you have children and guests visiting your home, check your home for obvious hazards. If your guests are injured in your home, you could be subject to a Miami premises liability claim. Be especially careful about fireplaces, space heaters, and any burn hazards. While these may pose no threat to adults, they can cause serious injury to small, curious children. For the same reason, if you have a pool, you will want to take steps to ensure that the pool area is not accessible for small children. Lock the pool area securely and ensure that no one can get in. Miami pool accidents and drowning can still occur during the holidays when curious children wander into a pool area.

5) Check your chimneys and fireplaces for safety. While a roaring fire can help you set the stage of a holiday event, chimneys and fireplaces are unsafe if they are not correctly maintained. If you hope to have a roaring fire, make sure that your fireplace is checked for safety and cleaned correctly first.

6) Make sure that your smoke detectors are working correctly. During the holiday season, you are probably buying batteries for gifts and toys, so buy a few extra for your smoke detectors if it has been some time since the batteries were replaced.

Continue reading "Prevent Miami Burn Injuries and Fires: Be Careful of Candles and other Holiday Fire Hazards" »

In areas of the country where there is winter, slip and fall accidents are a major cause of concern at this time of year due to snow and ice accumulation. In areas with a harsh winter, frozen ice and snow are a major cause of slip and fall accidents as well as premises liability lawsuits. While Miami residents are fortunate in that they do not need to worry about ice and snow, Miami slip and fall accidents are still a concern at this time of year. In fact, these types of accidents can occur more often at this time of year. There are many reasons for this.

While Miami does not have to worry about ice and snow, rain can still lead to wet leaves and water accumulation on the ground, which can cause a slip and fall danger. To avoid having a Miami head injury or other serious injury take place on your property, ensure that you check for any slip and fall hazards and remove them promptly. If there are areas that you cannot keep dry easily, consider placing a sign to alert visitors of the danger. Failure to remove slip and fall hazards, especially if you own a business property, can easily lead to Miami premises liability suits, so it makes sense to do a regular safety audit of your property to ensure that everyone stays safe.

Busy stores are another culprit at this time of year. When stores get hectic, employees sometimes are focused on just processing long line-ups at the cash, and with more customers in the stores, spills in aisles are more likely, as are messes and merchandise on the floor. If you are shopping during the holiday rush, wear practical shoes that have good no-slip treads. If you notice a spill or other danger while shopping, alert store personnel.

More errands during the holidays also mean more walking, which can lead to an increase in Miami pedestrian accidents and slip and fall injuries. If you will be out and about walking during the holidays, dress appropriately and with good walking shoes. Try to run your errands during the day, when visibility is good. Consider running errands with friends. This makes errands more fun and also helps keep you safer while you are walking.

Miami slip and fall accidents can be a serious type of accident. In some cases, they lead to broken bones, Miami spinal cord injuries, hip fractures, head injuries, and other serious injuries. While in some cases, slip and fall accidents cause no more than a bruised ego, these types of accidents can and do lead to permanent injury. Being aware that these types of accidents may be more common during the holidays and taking steps to prevent this type of accident can help ensure that you enjoy a safe and happy holiday.

Continue reading "At This Time of Year, Miami Residents Can Fall Prey to Slip and Fall Accidents" »

While the holidays are exciting, they can also mean many breaks in routine and a number of new hazards in the home. When decking the halls and making merry, make sure that you follow these simple safety tips for a safe holiday season:

1) Check your home for fire hazards. Do a walk-through and note whether there are any lights blown out on your decorations, any frayed electrical cords, or any overheated holiday lights in your home. Unfortunately, the holidays are a very busy time for firefighters. There are many fires at this time of year, and that can mean many Miami burn injury patients. For this reason, this is also a good time of year to check that your smoke detectors are working correctly.

2) If you will be traveling to see family this holiday season, secure your property. Miami pool-related accidents can easily happen while you are away from home this holiday season. Secure your pool area with a self-locking gate, and, if possible, an alarm that can alert you in the event that anyone enters your pool area while you are away. If you will be away, consider using timed lights to discourage break-ins and have a friend or family member pick up your mail and check your home occasionally.

3) Check your decorations for hazards. Look for plastic or non-breakable decorations over fragile glass ones. Any electrical items or battery-operated items should be checked for wear and tear before using – throw out any decorations that are worn enough to be a hazard. If you have children and pets, be especially wary about decorations with small parts (including tinsel) which can be easily swallowed or toxic decorations – some natural holiday decorations, including poinsettias and mistletoe, can be toxic when swallowed.

4) Keep an eye on product recalls. You can sign up online to get product recall information mailed directly to you. This can be especially important to get recalled toys out of your holiday list and recalled foods out of your holiday feast.

5) If you are hosting any events at your home, be aware that you have a responsibility to keep your guests safe. Ensure that your home and walkways are well-lit and free of any obstacles to prevent Miami slip and fall accidents. If you serve alcohol, make certain that your guests can stay over or get a drive safely home in order to avoid Miami drunk driving accidents. Before you have your party, consider walking through your home and ensuring that your home is safe as well as festive.

6) Give yourself the gift of time. Rushing during the holidays leaches joy out of the season and can easily lead to a Miami car accident as well as other types of accidents. Slow down as much as you can so that you can focus on enjoying this time of year fully and safely.

Continue reading "Are Your Holiday Plans and Decorations Safe This Year and Designed to Help Prevent Miami Personal Injuries?" »

According to the National Highway Traffic Safety Administration (NHTSA), there were 4092 pedestrian fatalities in 2009. While this represents a 7% drop from 2008’s numbers, the reality is that these accidents are highly preventable and the number of fatal accidents can be reduced even further. The NHTSA has also released information suggesting that children and the elderly are especially vulnerable to pedestrian accidents. According to the organization, 13 000 of the 59 000 pedestrians hurt in accidents in 2009 were children under the age of 15. More than half (55%) of those children were boys. In addition, in 2009, 16% of traffic fatalities across the country involved the elderly.

Hollywood, Florida has many clean and safe streets where pedestrians enjoy walking, but a significant elderly population as well as a significant population of younger children does mean that the city is at risk for Hollywood traffic accidents and pedestrian accidents. According to the NHTSA, there are many things that community members can do to make walking in the community safer for everyone.

1) Evaluate the risks for Hollywood pedestrian accidents in your area. The NHTSA website has a link to a handy checklist that you can use to evaluate your usual walking routes for safety (katana.hsrc.unc.edu/cms/downloads/walkability_checklist.pdf). This can be a good place to start in determining the safety of your walks.

2) Write to your elected representatives. According to the American Association of State Highway and Transportation Officials’ (AASHTO), it is the responsibility of governments to ensure that there are safe places to walk. If you find unsafe conditions – such as poorly repaired sidewalks that pose a Hollywood slip and fall accident hazard – write about it to your elected representatives and your newspapers to get changes made.

3) Take community action. If there is something simple – such as garbage or litter – affecting the safety of a walk, you can organize a neighborhood crew to clean it up. You can also organize neighborhood walking groups to ensure that everyone can walk safely with a group and can raise awareness about any safety issues in popular walking areas.

4) Walk safely when you walk yourself. Wear comfortable clothing and sturdy shoes. Make sure that you walk with a friend where possible and wear light-colored clothing so that you are visible to cars. Where possible, stick to sidewalks and well-lighted trails rather than roadways where you need to share the road with cars. If you do need to walk in an area with no sidewalks, walk on the far shoulder of the road, as far from traffic as possible, heading towards traffic.

Continue reading "Hollywood Pedestrian Accidents: What You Can Do to Prevent Them " »

Bicycling is a great form of exercise and when it is used as a means of transportation, it benefits the entire community. Using a bicycle rather than a car reduces traffic congestion, promotes healthy exercise, helps fight obesity, and reduces vehicle emissions. Unfortunately, Miami has a bad reputation among some bicyclists due to the number of fatal Miami traffic accidents involving bicyclists that take place each year.

According to the National Highway Traffic Safety Administration (NHTSA), there are many things that can be done to help prevent Miami bicycle accidents:

1) Always wear a helmet when you hop on your bicycle. According to the NHTSA, wearing a helmet can reduce your risk of serious Miami brain injuries by as much as 85-88%. It can also save your life, since brain injuries are one of the leading causes of fatalities in bicycle accidents. However, it is not enough to simply throw on a helmet. The helmet must be properly fitted and correctly worn each time. As well, the NHTSA recommends getting a helmet that is clearly labeled as meeting the standards established by the US Consumer Product Safety Commission (CPSC).

2) Always use the right bicycle. Make sure that your bicycle is correctly fitted to you, as a bicycle that is too large or too small will be harder for you to control easily. Adjust the seat if you need to get a better fit. As well, check your bicycle regularly to ensure that it is safe to ride and in good condition. Problems with the brakes or tires can cause an accident, so visit a good bicycle shop regularly or learn to tune up your own bike.

3) Follow the rules of the road. On the street, you are considered a regular vehicle when you are on the road, so you must follow all traffic signals and signs, just like any other car. In addition, you need to be certain that you signal as needed to let other drivers know where you are turning.

4) Choose where you ride your bike carefully. Busy streets can be dangerous, but so can off-road and hilly areas. Consider parks in your area or bicycle paths, if they are available. If you decide to bicycle on a sidewalk to avoid a busy road, be aware that you will need to be extra alert so that you do not cause a Miami pedestrian collision.

5) Stay alert. Avoid wearing headphones, listening to music, or using a mobile device while on your bike. You will not be able to perceive dangers ahead of you and you may not hear important auditory cues (such as beeping or trucks backing up) as you ride. Avoid riding your bicycle under the influence – it can make you susceptible to Miami traffic accidents. Keep your entire focus on the road when you ride to stay safe.

6) Make it easy for drivers, pedestrians, and bicyclists to avoid a collision with you. Stay visible by wearing reflecting clothing and by ensuring that your bicycle is equipped with reflectors and a light. When riding, make eye contact with drivers and with pedestrians to ensure that they can see you. Use signals to ensure that drivers know when you are turning or changing lanes. As well, ensure that you drive in a way that is predictable to others who share the road with you. If you are biking on a road, that means traveling with the flow of traffic, on the farthest right-hand side of traffic.

Continue reading "Creating Safe Streets and Reducing Miami Bicycle Accidents: It is Possible" »

The dangers of Miami drunk driving accidents have been well documented, and there are many public awareness campaigns organized by groups such as MADD (Mothers Against Drunk Driving) intended to raise awareness about the dangers of driving drunk. However, many authorities have been trying to send the message that walking while intoxicated can be just as dangerous.

According to a recent article in the Sun Sentinel, 32 fatal Florida pedestrian accidents in 2010 involved a pedestrian with an elevated blood alcohol level. Across Florida, about 13% of serious pedestrian accidents involved an intoxicated pedestrian. In Miami, pedestrian accidents also take place when pedestrians have been drinking. In Broward County alone, 7% of pedestrian accidents in 2010 involved a pedestrian who was intoxicated. In Palm Beach County, 9% of such accidents last year involved a pedestrian who had been drinking.

While walking home after drinking can seem like a safer alternative than drinking and driving, it is not a safe way to get home. Drinking reduces mobility and agility. Drunk pedestrians are susceptible to being injured in Miami slip and fall accidents or trip and fall accidents. They are more likely to fall down, wander into traffic, or try to cross the street outside of crosswalks. Pedestrians who have been drinking may also show poor judgment and may even in some cases lose consciousness near the road, putting them at risk being hit by a car.

If you have been drinking, there is no doubt that you should not drive. Far too many Miami car accidents are caused by drunk drivers. However, walking home alone is also clearly not a safe solution. A better option might be to get a ride from a designated driver, sober friend, public transport, or a taxi. If these are not options, drunk pedestrians should not head home alone, especially if they are severely intoxicated. Walking home with someone who is sober can ensure that a pedestrian is not hit by a car, does not fall over, or otherwise does not injure themselves.

The statistics about pedestrian accidents involving pedestrians who have been drinking stress one thing: drinking can easily cause injuries in a number of ways. Even when someone who is intoxicated is not behind the wheel of a car, he or she is vulnerable to injuries caused by reduced mobility and judgment. Even simply walking home can be dangerous. Those who serve alcohol need to be aware of this. Even if you are just serving alcohol at a holiday party at home, you need to be aware that simply ensuring that guests do not drink and drive may not be enough to keep your guests safe. You need to ensure that your guests get home safely with a sober driver or pedestrian who can help them reach home.

Continue reading "Miami Pedestrian Accidents Caused by Intoxication" »