Florida Injury Lawyer Blog

Officers from the Florida Fish and Wildlife Conservation Commission have said that they will be out in force this holiday weekend, to prevent Florida boating accidents. The officers are especially concerned about the tendency of some boaters to head out on the water after consuming alcohol or drugs. Boats and alcohol or drugs can create as many serious injuries and fatalities as Florida drunk driving accidents, the Florida Fish and Wildlife Conservation Commission claims.

According to officers, there are many reasons why boating and drinking don’t mix. First, the effects of alcohol and drugs can be intensified by the glare and the motion of the water, making someone feel the effects of alcohol much sooner than they normally would. As well, boaters who boat and drive often drink and drive as well when they haul their boats home, increasing their risk of causing a Florida car accident. During the holiday weekend, more boaters will also likely be on the water, increasing the risk of accidents and necessitating all boaters to remain focused and sober. There are many laws surrounding drinking and boating:

1) Operating a boat under the influence of drugs or alcohol is sometimes referred to as BUI and is illegal under Florida laws. If you are stopped by an officer who has cause to believe you may be BUI, you may be asked to submit to testing for sobriety and blood alcohol levels.

2) If you are boating with a blood or breath alcohol level of 0.08 or above, you are violating Florida BUI laws. Any boaters under the age of 21 years of age are considering to be BUI if they are boating with a breath alcohol level of 0.02 or more.

3) Many things can lead to additional penalties if you are accused of BUI. Previous DUI convictions, for example, can make the penalties for your BUI more severe. Also, if you are found to be operating a boat while under the influence with a child on board, you will generally face additional fines and penalties.

There are about one million registered boaters in Florida. In 2009, 65 people were killed in Florid boating accidents. In about 70% of these fatal accidents, the victims drowned after a boat capsized or after the victim fell overboard. Wearing proper safety gear (including lifejackets) and avoiding alcohol when boating can help make 2010 a safe boating season for everyone.

As students are getting ready to head back to school, it’s a great time for parents to review school safety rules, especially if your children will be walking to school each day. Many Florida pedestrian accidents take place during the walk to and from school. In some cases, students get excited or distracted by school or friends and make errors which lead to an accident. In many cases, as well, the times when students are walking to school coincide with rush hour traffic in Hollywood, Miami, and other major Florida cities. All of this can make it more likely that students are at risk of being involved in a Florida car accident or pedestrian accident.

Now is a great time to review safety procedures for walking to and from school:

1) Set up a walking system for younger children. Younger children can walk to school with older students attending the same school. This offers additional supervision and ensures that children will not be walking without some help. This is especially important for younger children, who may not be used to crossing the street alone.

2) Review the school route. Even with older children, take a long walk to school from your home. This gives you a sense of how distracted your children are when walking to school and allows you to gauge how safe or unsafe the school route is. Busy intersections, secluded areas, and poorly-designed crosswalks are all danger areas. You may want to develop a new route together or go over some safety rules for the more dangerous areas.

3) Set up a “no distraction” rule. Distracted walking can be as dangerous as distracted driving. Encourage your children to avoid texting, talking on their cell phone, or listening to music when walking to school. If they are distracted, students are less likely to see and anticipate possible problems on the road, making them more at risk.

4) Make sure visibility is good. Make sure that students can see around them. Avoid having your children walk through parking lots or areas with lots of street traffic, as trying to cross these areas blocks off their view of oncoming traffic. Also, ensure that your child’s back to school wardrobe does not hamper mobility or visibility. Large hats, hoodies, dark glasses, and other clothing items can affect visibility.

5) Go over your child’s schedule for the upcoming year and arrange a ride or drive for late-night school activities. Walking home in the dark means even worse visibility as well as a host of new dangers. If your child must walk home after dark, at least ensure that he or she walks with a group of friends and is visible to motorists.

Florida bus accidents are tragic, but school bus accidents tend to be even more frightening for parents and children. Each year, many Florida injuries to minors and children take place on school buses. About 25 million students nationwide take a school bus to school in the morning, and school bus accidents injure about 11 000 people and kill about 134 people nationwide each year.

According to the National Highway Traffic Safety Administration’s Fatality Analysis Reporting System (FARS), between 2000 and 2005, 19% of school bus accidents were in fact pedestrian accidents in which pedestrians were killed. In about 4% of cases, school bus drivers were the victims of these pedestrian school bus accidents and in about 5% of cases, school bus passengers were the victims. In about 70% of school bus accidents, fatalities occurred to occupants of other vehicles (rather than the school bus itself).

According to The National Safety Council, parents should teach their children these school bus safety rules before the start of the school year:

1) When waiting for the school bus, students should stay away from traffic and should avoid playing around. Sometimes, students get pushed into the street during games while waiting for the school bus and this can easily lead to a Florida car accident. Students should also avoid straying onto private property, streets, or alleys while waiting for the bus.

2) When boarding the bus, students should line up away from the road and should wait until the school bus has made a complete stop and has opened its doors before approaching the vehicle. Teach younger children to use the handrail when entering the school bus.

3) When on the bus, students should sit down and remain quiet. Standing can cause serious injuries if the bus is in an accident. Each year, Florida brain injuries occur during school bus accidents because students were standing or were not seated during a collision. It’s important that students avoid distracting the bus driver as well. Many Florida bus accidents are caused by distracted drivers. When riding the bus, students should keep aisles clear. In the event of an accident, clear aisles make it easier to exit the bus.

4) When exiting the bus, students should wait until the bus comes to a complete stop before using the handrails to exit the bus. Students should stay well away from the bus and the wheels of the bus.

5) One of the most dangerous situations when exiting the bus is crossing a street after getting off the bus. This is the situation in which most Florida pedestrian accidents involving schoolchildren take place. Although cars are required by law to stop when they see a school bus, not all drivers do this. If your child has to cross a street after disembarking from a bus, teach your child to walk ten feet in front of the bus and then turn around and wait from a signal from the driver before crossing. Students should obey driver signals and keep an eye out for traffic while crossing the street.

Asbestos is a type of fiber which is a fire retardant. It was used for years in Florida insulation materials and construction work, until it was revealed that the fibers are linked to cancer. Many manufacturers today limit the use of asbestos fibers and both the Consumer Product Safety Commission (CPSC) and U.S. Environmental Protection Agency (EPA) have banned many products containing asbestos. Nevertheless, there is no blanket ban on asbestos. As well, many older Florida homes, constructions, and products still contain asbestos which is a hazard.

Today, any new products containing asbestos must clearly state this fact on the label. However, any products made before the 1970s usually have no such warning labels. As well, for thousands of Florida residents, it is already too late for labels: they have been exposed to asbestos and are now suffering the health effects of that earlier exposure. This is because the effects of asbestos can take decades to appear.

Asbestos fibers are so small they can often not be seen by the naked eye. When asbestos fibers are disturbed, they become airborne and can be inhaled. Once inhaled, the fibers gather and remain in the lungs. Eventually, this accumulation can lead to mesothelioma, which is a cancer of the abdominal and chest linings. Asbestos exposure can also lead to asbestosis, a potentially fatal scarring of the links. The more someone is exposed to asbestos, the more likely they are to get one of these diseases.

Asbestos exposure is often a Florida workers compensation problem as well, since asbestos exposure often takes place on the job. In some cases, not enough consideration or investigation takes place before a construction project, leading to the disturbance of asbestos fibers and therefore asbestos exposure.

People who have been exposed to asbestos and have developed asbestosis or mesothelioma can often seek the help of a Florida personal injury attorney in order to get the financial assistance and compensation they are entitled to under the law. A Florida personal injury attorney can help ensure that you have the financial resources and ability to seek the best medical care possible in order to have the best chances of recovery. However, asbestos cases can be challenging, simply because it takes years before symptoms develop. Proving when and how asbestos exposure took place often requires a very talented Florida personal injury attorney.

Alcohol plays a big role at many late summer parties and at many dinners; unfortunately, it is also a contributing factor in many Florida truck accidents, traffic accidents, boating accidents, and personal injuries. Florida drunk driving accidents still claim too many lives, and accidents of all types are related to alcohol use:

1) Heat-related incidents. Alcohol is a diuretic and can dehydrate you. As well, it can impact your judgment and can make it harder for you to tell when you may be displaying signs of heat exhaustion. It is important to stay hydrated, remain in the shade, and avoid excessive alcohol consumption on hot days.

2) Drunk driving accidents. Florida drunk driving accidents claim many lives but are very preventable. If you know you will be drinking, make plans ahead of time for getting home. Designate a driver or leave some money in your wallet for a taxi or for public transportation. There are simply no excuses for drunk driving.

3) Boating accidents. Many Florida boating accidents are caused at least partly by alcohol consumption. According to the US Coast guard, 276 injuries nationwide and 124 boating fatalities in 2008 were caused by alcohol use. Never allow alcohol on board your watercraft and never boat after drinking.

4) Slip and fall accidents. Alcohol affects your motor skills, especially if you have an existing medical condition or are on medications that interact with alcohol. Alcohol use can cause you to fall over, which can lead to broken bones or even brain injuries if you fall on pavement.

5) Workplace accidents. Drinking on the job leads to workplace accidents each year in Florida. Unfortunately, alcohol consumption on the job can affect your eligibility for Florida workers compensation benefits and can get you into legal trouble at work. If you work in a dangerous environment, alcohol can be dangerous for you and your coworkers.

Each year, thousands of Florida eye injuries occur as a result of fires, sports injuries, accidents, and Florida car accidents. In fact, eye injuries are among the most difficult and common Florida personal injuries. Eye injuries can occur when chemicals or foreign matter enter the eye in most cases. Most Florida eye injuries take place in the home, workplace, or while playing sports.

Many Florida workers compensation claims, for example, are made due to eye injuries sustained at work. If you work near any eye hazards, speak with an industrial hygienist or your supervisors to find out which eye protection could be best for you. If you wear contacts or eye glasses, you will need to be especially careful. Contact lenses provide no protection and can still allow eyes to be injured by dust, gases, vapors, fumes, and other hazards. If you need corrective lenses, you will need eye protection which contains prescription lenses or you will need eye protection which fits over your prescription glasses.

In the workplace, there are several types of eye protection. For jobs with low risk of eye injuries, you can choose spectacles that have side-shields. Goggles are available for riskier jobs and provide more protection. When selecting eye protection, look for eyewear that is flexible enough to allow for a customized fit. As well, look for eye protection that covers a larger area and offers protection at the sides, top, and bottom as well as over part of your face. If you work near sparks or other dangers that are high risk, look for hooded ventilation, which protects the entire face area as well as the eye area. Helmets and face shields designed for welding offer the highest protection against eye injuries for the riskiest jobs.

Even when you are not at work, the risk of eye injuries remains high. In fact, about four out of ten Florida eye injuries occur in the home. The riskiest activities include: do-it-yourself projects, cooking, sports, cleaning or gardening with chemicals, and yard work. For household use, look for eye protection appropriate for the task. Your local sports store can help you find eye protection for your favorite sports while your local Florida hardware store can usually recommend safety eyewear for DIY projects at home.

If you do sustain an eye injury, get medical help at once. Often, if you can get medical attention quickly, you have a greater chance of saving the eye. If the eye injury is serious or you are at risk of losing your eye, call 911. Emergency operators in Florida can often help you manage your eye injury while you wait for emergency help to arrive.

Today, many people know that distracted driving can be just as dangerous as drunk driving. In fact, distracted driving causes many Florida car accidents and many car accidents across the nation each year. Some experts and researchers have concluded that the vast majority of car accidents and near-accidents are caused at least in part by driver distraction.

However, while we hear much about distracted driving, the truth is that distractions can be a danger in many situations. Many Florida motorcycle accidents, for example, are caused by motorcyclists who are distracted by cell phones or other devices. Even Florida bicycle accidents and pedestrian accidents can be the result when pedestrians and bicyclists get distracted. There are many ways that distractions can lead to accidents – even outside of your car:

1) Texting while doing just about anything. These is no doubt that texting is absorbing which is why it is so dangerous. Texting requires you to look down at your mobile device, making you unaware of what is going on around you. Whether you are cruising on your bike or walking down the street, texting can lead to an accident.

2) Wearing headphones. Most cars have some radio or CD player, so most drivers never think of headphones. However, plenty of pedestrians, bicyclists, skateboarders, joggers, and boaters tune into music while out and about, and this can easily lead to Florida pedestrian accidents, bicycle accidents, and other accidents. Headphones affect your ability to hear important clues around you – like that truck about to back up – making you vulnerable to injury.

3) Getting emotional. One of the biggest distracters possible isn’t the latest gadget or device – it’s in you right now. Strong emotions – whether anger or helpless laughing – make you notice less of what is going on around you and can be just as distracting as texting. When your blood is high, it’s best not to run or hop on that bicycle. Take the time to clear your mind first.

4) Bluetooth. Many people are embracing hands-free technology in the belief that it is less distracting. While it’s true that hands-free cell phones and devices at least leave your hands free, they are still a distraction. If you are bicycling in Miami while listening to the latest gossip, you could still be in a Florida pedestrian accident – simply because you are listening to your conversation rather than watching what is in front of you.

Bicycles have been growing in popularity over the past few years. In fact, statistics show that worldwide, there are three times as many new bicycles as there are new cars. Over the past two decades, bicycle sales worldwide have grown more quickly than car sales. Many bicycle enthusiasts love the environmentally conscious option of bicycles and plenty of bicycle enthusiasts are active people who want to get in shape.

While bicycling can mean a greener mode of transport and better health, however, it can also mean bicycle accidents. In Florida, bicycle accidents claim many lives each year and cause serious injuries. In fact, many Florida spinal cord injuries, broken bones, and other serious injuries each year are caused by bicycle accidents in Hollywood, Miami, and other Florida cities and towns.

Florida brain injuries are a common injury sustained in bicycle accidents. According to researchers, about 80% of all bicycle accident fatalities are caused by brain injuries. In p to two-thirds of patients admitted to hospital after a bicycle accident, the cause of injury is a brain injury. Patients admitted to hospital with brain injuries following a bicycle accident are 20 times more likely to die when compared with bicycle accident victims who have sustained other types of injuries.

Most bicycle accidents involving brain injuries occur during daylight and at times of heavy traffic. In most cases, these accidents occur at intersections. Since Florida cities, such as Hollywood and Miami, tend to have high traffic areas, bicycle accidents are an especial concern in the state.

Florida car accidents involving a bicyclist are especially serious. When a car and bicycle collide, the initial impact affects the lower limbs of the bicyclist as well as the bicycle. The bicyclist is generally thrown, and the head of the bicyclist can collide with the car at 25 km/h. In most cases, the bicyclist’s head collides with the windshield, the hood, or the pillars that support the windshield. If the bicyclist collides with the car at speeds of 55 km/h or more, the bicyclist will be thrown over the car and may sustain a secondary brain injury when thrown to the ground.

However, brain injuries are among the easiest injuries to prevent in Florida bicycle accidents. US researchers have found that about 23% of bicyclists who have sustained fatal injuries in a bicycle accident were intoxicated at the time of the accident. Some research has suggested that wearing a good helmet can help reduce the risk of serious brain injury in a bicycle accident by as much as 45%. Some studies suggest that helmets can help prevent the risk of brain injury by as much as 85%.

Many of the boating accidents which make it into the news involve motorized boats. However, many Florida boating accidents in fact involve small man-powered boats such as canoes or kayaks. Just because these boats do not have motors, this does not make them perfectly safe. They can still result in accidents, near-drowning, and serious injuries. Each year, for example, some Florida head injuries occur when people who are canoeing or kayaking run into trouble.

According to the National Safety Council and The American Canoe Association, there are several things Florida kayakers and canoe enthusiasts can do to stay safe in the water:

1) It is best to travel with at least three boating buddies and two canoes or kayaks. This helps ensure that if you run into trouble, there is another craft to help you – as well as others who can get help.

2) Learn boating skills before you head out in the water. Since canoes and kayaks do not make use of engines or motors and since paddlers can head out on calm waters, some mistakenly believe that there are no dangers. Tragically, some people even allow their children to kayak or canoe alone, believing that the quiet activity is safe. Even still waters can contain high waters, rocks, and other dangers. As well, quiet waters can quickly become fast-moving streams that can overwhelm an inexperienced boater. Florida offers many boating classes for kayakers and canoe enthusiasts as well as other types of boaters. These classes can help you boat safely, no matter what type of craft you choose.

3) Even experienced boaters can run into trouble on new waterways. It is always important to familiarize yourself thoroughly with a body of water before you attempt to take your craft out on it.

4) Determine your comfort level and skill level before heading out in the water. Even if you are a seasoned kayaker, a whitewater rafting adventure in a remote area may be too much for you. Stick with your comfort level and build your skill level gradually before taking on new challenges.

5) Wear the correct safety gear. If you are on whitewater rapids or fast-moving streams, you may need a helmet. Many Florida head injuries caused by boating accidents take place because a patient was not wearing adequate head protection. Good safety gear can help prevent many accidents. Whether you kayak or canoe, wear your life jacket each time you head out on the water.

Every year in Florida, burn injuries cause serious suffering and even fatalities. Burn injuries to minors and children can be especially devastating and can cut short a life of promise. Summer is a peak time for Florida burn injuries of all types, from minor sun burns to life-threatening facial and body burns caused by fires. Barbecue grills and fireworks are the leading causes of fires and burn injuries in the summer, but in many cases the injuries they cause are preventable.

Barbecue grills can cause burn injuries and other serious injuries two ways: by igniting a home or by causing direct burns. To prevent your grill from starting a fire, make sure to keep your barbeque at least ten feet away from eaves, siding, and any flammable areas (such as trees or bushes). Never use a fire pit, grill, or barbeque in an enclosed area, such as a garage.

A well-maintained and correctly working barbeque is less likely to cause burn injuries than a fault one, so before each use, check your barbecue over carefully. Check for leaks in the connections and hoses and ensure that there are no blockages in the venturi tubes where air and gas mix. Make sure that your propane tank is filled correctly (not overfilled) and free of leaks. Use a tank that has a three-pronged valve, as this protects you from overfilling your propane tank.

Keep in mind that even if your barbecue does not start a fire, it still is a burn hazard each time it is lit. Use the right starter fluid for your barbecue and avoid adding more fluid once the barbecue is lit. Avoid loose-fitting clothes when barbecuing, as these can easily catch on fire. Protect yourself with implements and tongs designed for the barbecue and stand clear of your barbeque when cooking. Avoid having any children near your grill, barbecue or fire pot. The edges of these items can get hot enough to severely burn a child in just one minute. Even a child just brushing past a closed grill can sustain serious burn injuries.

In addition to grill and barbecue burn injuries, many children and adults each year are severely burned by fireworks in Florida. While Florida’s waterways and backyards are often tempting settings for fireworks, and while it is relatively easy to obtain fireworks in Florida, these items are just not safe. All experts and medical doctors agree that it is safest to leave fireworks to professionals. Many children and adults sustain serious eye injuries, burn injuries, and other injuries from fireworks each year. Many Florida head injuries are also caused by fireworks. This is one form of summer entertainment that is safest left to the professionals.

Many of Florida’s minor injuries never lead to a hospital visit. However, at this time of year, minor injuries can still hurt and ruin a holiday. Here are some tips for dealing with the most common minor injuries this summer:

1) Treat minor Florida burns without the butter. Although butter is sometimes touted as a home remedy for burns, butter can add bacteria to the affected area. Most doctors agree that if it is a minor burn, run cold water over the affected area for at least ten minutes, then use an antibiotic ointment from your pharmacy. If the burn hurts, use a cloth bandage and a dry, cold compress, like a bag of frozen vegetables. If you cannot feel the area at all or if the burn seems severe or covers a large area, visit an emergency room. You may have a more serious burn injury.

2) For nosebleeds, pinch your nose just below where your glasses sit. Hold the pinch for ten minutes and then check to see if the nosebleed has stopped. Frequent nosebleeds could be a symptom of something more serious and warrant a visit to your family doctor.

3) For cuts and scrapes, wash the area well using simple soap and water and wrap lightly with a bandage. You can also use an antibiotic cream. If the wound will not stop bleeding, you need medical attention.

4) If you have something embedded in your skin or flesh, consider before you pull it out. Something like a splinter can be safely pulled out. Larger objects such as barbs, fish hooks, nails, thorns, and anything larger needs a visit to the emergency room. As well, any metal object requires an ER visit, since you may need a tetanus shot.

5) If you sprain or twist something, check for swelling. If there is swelling, apply an ice pack or cold compress. Visit a doctor if the swelling lasts a few days or if you cannot walk. Many Florida slip and fall accidents occur during the summer months, so it makes sense to keep an ice pack or a bag of veggies in the freezer for just these sorts of emergencies.

6) If you get a bee sting, use a credit card to scrape out the stinger. Avoid squeezing the area, as this may just push more venom into the system. If you are bit by a tick, use tweezers to remove the tick from the skin. With all bug bites, watch for breathing troubles. These indicate a serious and potentially fatal allergic reaction and require a quick 911 call.

Florida has many waterways and this means many opportunities for boating. While boating enthusiasts love this time of year for the recreational opportunities it offers, Florida authorities as well as the United States Coast Guard (USCG) like to remind boaters at this time of year that most boating accidents are preventable. Nevertheless, each year Florida boating accidents cause serious personal injuries, fatalities, and property damage.

According to authorities, most Florida boating accidents are caused by operator distraction, negligence, passenger behavior, speeding, and DUI. Just as in Florida drunk driving car accidents, alcohol contributes to far too many boating accidents in the area. Some experts believe that as many as 21% of all fatal boating accidents are caused at least in part by alcohol consumption.

Boaters may also want to brush up on their skills and boat operation training. According to experts, about three quarters of all fatal boating accidents are caused by operators who lack any formal boating training. Classes are widely available and many are quite affordable, so there is no excuse for ignorance. Life jacket use is also always essential when boating. Statistics show that in most boating accidents, drowning causes the most fatalities. In 90% of these fatalities, life jackets were not worn, making these fatalities very preventable. Life jackets should always be correctly worn whenever near the water.

A good pre-boating check can help prevent many Florida boating accidents. Before getting in a boat, ensure that you have enough life jackets for everyone and insist that everyone wear a life jacket at all times. Check weather and marine temperatures before leaving and avoid boating in poor weather. Just as with Florida car accidents, weather plays a key role in many local boating accidents. Rough weather can cause huge waves, rough seas, and poor visibility.

Before heading out in the water, check all equipment to make sure it is in good shape. Have your boat checked and maintained regularly by a qualified professional. The better your boat operates, the better it will respond in bad conditions. A well-tuned boat can mean the difference between surviving an emergency situation and not. Also, before heading out in the water, make sure that all passengers have good swimming ability. Since drowning is the leading cause of fatalities in boating accidents, strong swimming skills can help prevent tragedy.