Fort Lauderdale Injury Lawyer Blawg

According to a recent article from the Sun Sentinel there has been an increase in the number of accidents on I-595 since construction re-commenced in February of 2010. While the construction is intended to ultimately improve the flow of commuter traffic over this highly accesses east to west, west to east corridor, needless to say anytime significant construction occurs adjacent to a roadway the likelihood of crashes rise.

T he area over I- 595's travel is no stranger to danger. During the highway's initial construction there were many detours that motorists needed to manage while portions of the overpasses and highway were being completed. During those early days many vehicles found it difficult to traverse through the various detours. Unfortunately at times, construction crews neglected to properly warn of lane changes and set up appropriate barriers. It was not uncommon for a vehicle to literally fly off the roadway into an unfinished construction site.

While the current project should not be replete with the same dangers as those which the originals commuters were exposed to, this particular project still requires certain areas of the highway to be narrowed and it will likely eliminate certain recovery areas; particularly adjacent to the median lanes of travel. It is anticipated that by close of 2010 the entire corridor from 1-75 stretching east to state road 7 (441) will be under construction. It is reported that crashes have increase by approximately 10% since construction began.

Continue reading "Increase in Vehicular Accidents on Broward Counties' I-595" »

Halloween seems to have evolved as a non-denominational, non-religiously oriented Holiday enjoyed by many throughout Broward County and its many pleasant suburbs. Children and adults of all ages enjoy the partying and reveling that has evolved in to one of our favorite holidays.

Nevertheless as property owners responsible for our guests we should take reasonable precautions to prevent an accident on our property. First of all consider eliminating all apparent hazards where guests may walk across. You should anticipate that people will cut across your yard; and therefore examine what possible dangers lurk. Make sure your sprinkler heads are exposed, laying as a hidden trap for your trick-or-treaters. Go out and examine your sidewalks periodically and see how much candy and debris has been dropped there and can be lying there as a means to cause your guests to slip and fall.

If you are considering serving alcoholic beverages to your guests realize your responsibility to avoid their over consumption and particularly make sure that minors can't get a hold of your alcohol. In many suburban communities, neighbors generally lay out open baskets for trick-or-treaters to help themselves with. Be careful that partiers don't leave the wrong item in one of your baskets. Check to make sure that any prepared foods don't spoil; such as dips that may contain mayonnaise or egg products.

Continue reading "Halloween Safety - The Need for Increased Awareness on Your Broward County Property " »

When someone is injured as the result of another's negligence they should consider retaining the right experienced, skilled accident lawyers to bring an appropriate personal injury lawsuit against the individual or entity at fault. Often times when an individual falls, whether at a restaurant, food store, or night club there is usually video footage of the incident. These property owners are generally recording key locations of their premises - practically 24 hours a day - whether for the purposes of preventing theft, increases security, or for specifically recording someone's accident and ensuing injuries. One would hope they would also use these videos for the purpose of training their employees to more effectively avoid accidents.

Unfortunately, these property owners almost never voluntarily release these videos without a court ordering them to do so. Florida case law distinguishes between those circumstances when a Plaintiff in a lawsuit can compel footage that has been recorded of them. The pivotal case on the rights and limitations to obtain surveillance video was decided in the case of Continue reading "The Victim's Right To Obtain a Video or Photographs Of Your Accident" »

Florida's Sun Sentinel recently reported that Broward County traffic signals remained in the red or green indication for approximately 20 minutes on Monday October 11, 2011 during rush hour. Apparently, a computer failure was blamed for this occurrence. The computer, supposedly a 21-year old main computer, was overriding the traffic control signal boxes at the intersections.

Broward County intends on replacing the servers and related software over the next six months. Unfortunately, Broward County's traffic control system's failure could not have occurred at a more challenging time of the day otherwise stressing many commuters in pre-rush hour traffic. The exit at south bound interstate 95 and Atlantic Blvd was one of the traffic lights that were malfunctioning. That traffic control devise was stuck in the red stop position halting traffic from exiting interstate 95. Apparently, Broward County commuters were frantically jockeying through all sorts of back roads and parking lots to try to side step the gridlock that was created by the Broward County traffic control system's computer failure.

Apparently, many of the Fort Lauderdale and Broward County vehicular commuters were not familiar with the alternative means of negotiating an intersection with failed traffic light control device (as contained in Florida's traffic law statutes). Florida Law requires motorists who are to negotiate an intersection with a failed traffic light to treat the intersection as a four-way stop intersection.

Apparently, many South Florida drivers are unfamiliar with Florida's motor vehicle laws having to do with negotiating an intersection. There seems to be an epidemic of drivers who neglect to yield the right of way to oncoming traffic at a traffic light controlled intersection indicating green in both directions of oncoming traffic. Unfortunately many drivers turn left in front of oncoming traffic at intersections controlled by a traffic control signal "cutting off" the vehicles having the right of way. This careless driving which is in violation of Florida Statute seems to be recurrent in the city of Weston, FL.

Continue reading "Broward County, Florida Traffic Lights Fail!" »

Two students of Arch Bishop McCarthy High School were struck by a Toyota Corolla traveling in reverse from a road-way onto a school sidewalk. A third student who was standing with the victims saw the Toyota approaching and was able to escape the impact. The second struck victim was treated at Memorial Hospital West for what was alleged to be a minor hand injury. It was reported that the person operating the vehicle that struck the victims in this tragic accident was at the school that day to pick up two grandchildren. This incident is the second tragic accident to have be struck the Arch Bishop McCarthy community in a month, after the death of another young student who died in an early morning car crash on Miramar Parkway.

This accident is still under investigation, but leads the call for significant concern for the safe operation of cars in and around school properties. The victim, Palida Pongpluempitichai, was found bleeding on the pavement at the school with her leg severed from the impact. The victim claimed that she did not see the car coming before it hit her - before striking a concrete post, according to the Broward Sherriff's office.

Rescue workers may have been hampered to arrive as quickly as possible despite numerous calls to 911. Remarkably, a lot of the people on the scene could not describe the location of the incident at the school. Not only is this a very unfortunate incident for these victims and their families, but it also addresses the need for improved vehicle safety on school campuses as well as questioning the functioning of the Broward County, Florida's "911" systems.

Continue reading "Sunshine Ranch Teenager Loses a Leg in Crash at Arch Bishop McCarthy High School " »

Once again the embattled Toyota motor Corporation is in the lime light - and not for positive news. Toyota Motor Corporation's reputation, which has enjoyed unprecedented success in the United States, globally and particularly in Florida over the last three decades, is now, and once again, severely challenged by news that its Avalon and other vehicles are having problems with the break master cylinder seal, as well as with wiring with the fuel pump systems. Toyota is recalling 1.53 million Avalon models and other vehicles globally to attempt to repair these vehicles.

Toyota was in the new less than 2 months ago with a recall of 1.3 million Corollas and Matrix cars with allegedly defective engine control modules that can cause their vehicles to stall. The ramifications of a vehicle challenged with its master cylinder fuel pump or stalling issues could be catastrophic; if such failure occurred spontaneously and without notice; such as, in a scenario where the vehicle was entering an intersection and suddenly stalled in the face of oncoming traffic, or lost its ability to effectively brake or accelerate to avoid ensuing danger.

These recalls now bring Toyota's recall efforts to more than 10 million vehicles in the past year. Toyota's US Sales is additionally recalling over 700 thousand Avalon, Highlander, Lexus GS 300, Lexus IS 250, and Lexus IS 350 cars. Florida Toyota owners should be proactive in the face of this danger and contact their dealerships to determine if their vehicle is subject to any of the recent recalls or if there is any other concern with the safe maintenance and operation of their vehicle.

Continue reading "Break Failure Concern For More Toyota Vehicles: Florida Drivers At Risk?" »

Recently, the world stood still as 33 minors were feared trapped in their underground grave, thousands of feet below the surface when a Chilean mine collapsed preventing their ability to reach the surface. While it took what many might have considered an eternity before all 33 were discovered alive, it was the extraordinary commitment of Chile's president, Sebastian Pinera, a young billionaire who may be most responsible for the successful rescue of all 33 minors. While, this undertaking, with its extraordinary costs and risks could have been a political nightmare for president Pinera, his steady leadership and resolve has shown the world that miracles can and still do occur.

And while this is not quite the time to focus on who is to be blamed, for this now avoided catastrophe, we all need to admire and give thanks to the commitment that Chile and its administration has poured into this effort. To say that no expense or effort was spared in this endeavor is truly an understatement. Not only did the effort enlist miners, engineers, and the like to bore through the ground all the way to the trapped miners, but the effort enlisted experts from the United States of America's NASA Space Program, many physicians, hematologists, biologists, psychologists, and even physical trainers as well as publicists to assist the miners weeks before the planned rescue on how to deal with the journalist and press coverage from around the world.

At some point, the larger message of how we protect the laborers of our world who give their lives to provide us with out basic necessities, such as these miners, must be addressed. For even here in Florida, our Florida legislature seems to be much more committed to the welfare of our corporate citizens, over the welfare of our laborers who suffer injury and face a failed worker's compensation system here at home.

Continue reading "Rescued Miners in Chile Provide Hope for Modern Day Miracles" »

Mercedes Benz has recalled over 85,000 of it 2010-11 C-Class and E-Class sedans and 2010-11 E-Class coupe and cabriolet cars because of concerns over the potential failure of the power steeling units of these vehicles, due to the loss of power steering fluid. Mercedes-Benz has been quoted at stating that if the failure occurs, drivers "....may not have sufficient control of the vehicle in areas, such as parking lots, where maximum power steering is required, increasing the risk of a vehicle crash."

What many drivers accustomed to operating luxury vehicles such as the Mercedes Benz C and E-Class sedans and coupes may not realize is that without a functioning power steering system the amount of effort required to properly turn or steer a vehicle is quite significant. Although, the general engineering principals behind the designs of most contemporary vehicles disperse much of the direct torque and weight involved in and necessary to actually move a multi-ton mechanical vehicle without the assistance of a proper functioning power steering unit; the operator needs to physically transfer the mass of weight in that vehicle in its attempt to change direction.

Particular attention to this need for recall will exist in slower speed operations of these vehicles such as in parking lots or in attempting to steer the vehicle away from a sudden emergent scenario, which usually occurs at slower speeds; since the operator will lack the momentum of the vehicles speedy travel to assist it in effectively changing direction without the assistance of a properly operating power steering unit.

Continue reading " Concern For Mercedes-Benz Fort Lauderdale Accidents For Power Steering Failures; C and E-Class Recalls. " »

According to the world health organization the number of cases for your parasitic disease has more than doubled in the last decade. And Dengue outbreaks are ramped. The UN health agency is urging countries to act now. Dengue fever is a disease spread by mosquitoes found in sub-tropical climates, such as in the Fort Lauderdale area and throughout South Florida. Over half a (500,000) million people world wide are hospitalized each year with no specific treatment or vaccine available.

What are businesses doing in South Florida doing to try to prevent the spread of diseases; and particularly in times of economic downturn? Are our local Fort Lauderdale or Pembroke Pines area food establishments doing enough to stop the spread of disease? Are they insuring that their businesses are not breeding grounds to the spread of parasitical diseases? Are they securing their water sites? Is our garbage being properly discarded and cared for in effort to reduce the number of mosquitoes? Are they enforcing proper washing techniques? Does the cooking staff at restaurants truly wash after using the rest room?

At a meeting in Geneva on October 15, 2010 the world health organization resolved that the misery and disability caused by chronic infectious diseases or tropical diseases is not only controllable but can be substantially reduced. The report focused on 17 neglected tropical diseases that thrive in impoverish settings and substandard environments riddled with filth and disease spreading insects and animals.

Realistically, these types of diseases, which have often been accepted as part of the misery of being poor, are now working their way into more of the general population through more frequent contact - predictably through employment. Florida's legislature needs to seriously address these workplace and housing related work issues and how they can effectively impact the citizens of our state for the better.

Continue reading "South Florida and The World at Risk for Deadly Diseases" »

A story appearing in the Sun-Sentinel on Friday October 8, 2010 discusses an elaborate emergency rescue of men trapped inside of a Hollywood Florida water tower. Apparently, the workers, natives of Tonga, a nation in the South Pacific were performing routine maintenance on the water tower when their scaffolding collapsed. The cause of the collapse is under investigation and is unfortunately one of many common scaffolding failure injuries that occur to laborers employed in South Florida. The workers fell approximately 45 feet inside the towers bowl. One of the victims was able to call for emergency assistance with his cell phone the other worker was unconscious.

While there was no immediate information concerning which the companies were that the men were working for, there is a significant concern for the safety of laborers working ff of scaffolding and an investigation should be under way to determine why such a known ultra hazardous service would not have been provided the appropriate scaffolding. Needless to say, when scaffolding collapses there is likely to be serious injury or death.

While it is way too soon to determine whose fault the incident may be, incidents such as these could possibly fall under Florida Workers' Compensation laws, which unfortunately greatly restrict the amount of compensation that these ill-fated victims may be entitled to. In Florida most employers as well as general contractors generally enjoy a Workers' Compensation immunity that greatly restricts the injured workers right to seek appropriate and full damages even if the employer was completely, carelessly negligent for having caused the accident - regardless of the severity. While there are exceptions to Florida's extremely restrictive Workers' Compensation immunity, workers should know that there are some rare occasions for acts almost the equivalent to the point of intentionally causing server injury or killing the employee; and may seek damages beyond the Workers' Compensation benefits of Chapter 440.

Continue reading "Men Trapped and injured in Hollywood, Florida Water Tower due to Scaffolding Collapse" »

A horse trailer accident Florida occurred before 6:30 a.m. eastern daylight time on October 8, 2010, in Davie, Broward County, when a vehicle jackknifed in the eastbound lanes of I-595 in Broward county Florida. For nearly 90 minutes eastbound traffic was brought to one lane until approximately 9:00 a.m. The incident caused the vehicle to strike a wall. Apparently the passenger and the driver weren't hurt; although they were taken to an area hospital according to the Fire Rescue spokesman. Unfortunately the horse being trailored suffered a fractured leg which, was fatal to its existence; and therefore the horse was euthanized.

While the cause of the crash is still under investigation the story is quite concerning to many Davie, Florida residences since Davie is such a predominantly horse community; as well as to all horse. Since this did occur in Davie, Fire Rescue was familiar with and equipped to deal with such an accident involving horses.

Trailer accidents are unfortunately quite common and it is not unusual for a trailer to jackknife and over turn while being transported. While it has yet to be determined the exact cause of this tragic accident it is common for trailored vehicles to be susceptible to weight shifts from the cargo being transported; uneven weight distribution of the cargo aboard a trailer; cross winds; as well as other potentially sudden maneuvers between the trailer and the vehicle pulling it.

Operators of vehicles pulling a trailer should be well advised to maintain proper distances between it and other vehicles as well; as assuring that the trailer has been properly maintained and checked for proper tire inflation and wear as well as suspension concerns; and if the hitch is adequate and properly connected.

Continue reading "Davie Florida Horse Trailer Accident on I-595" »

Incredibly a 2 ½ year old was left unattended in a Delray Beach day care center van for nearly 6 hours resulting in her very untimely demise. The driver has been charged with negligent manslaughter and the owners have lost their license and more than $200,000 in State dollars have been pulled from the day care center.

This incident has brought a call for some form of alarm system to sound inside these day care center vans that would prompt the driver to inspect all the seats of a day care vehicle before leaving; and various states are introducing bills carrying large fines as well as significant prison sentences for leaving children unattended in day care vehicles. A Tennessee law requires safety alarms in day care vans.

These types of incidents should also question the type of individuals who are permitted to care for and transport infants in these situations. Quite frankly, while it may be inconceivable to most individuals that someone could be so absent minded and careless as to forget the whereabouts of a minor child for more than 6 hours, it obviously occurs with a pathetically significant reoccurrence. How a particular day care center can lack the systems and follow through to lose the whereabouts of an infant for hours is beyond compression.

In Florida the Department of Children and families (DCF) should be monitoring and inspecting day care centers to determine the fitness of those caring for our minor children. A Bill will be sponsored next spring in the Florida Legislator requiring the day care van alarms in Florida and will be named in honor of Haile Brockington.