Fort Lauderdale Injury Lawyer Blawg

A recent article published in the New York Times entitled "Back From War, Fear And Danger Fill Driver's Seat" has brought to our attention another sad aspect of how the affects of deployment can have a profound impact upon; not only soldiers and their families but upon each of our everyday lives and upon us on our highways and street ways -- even in Weston, Florida. The article relates to a story of how a reservist was avoiding a cramped parking lot without obvious escape routes; straddling the middle line as if bombs might be buried in the curbs; and how her own SUV reminded her of the unarmored vehicle she rode in Baghdad during a record year of American fatalities in Iraq. Apparently, there is an increasing number of incidents of erratic driving by returning soldiers which is being identified as a symptom of P.T.S.D. (which stands for post traumatic stress disorder). The article claims there is reason for concern over a higher accident rate among veterans.

Recently in a review of the driving records for thousands of soldiers studying before and after they returned from deployment by USAA, an insurance carrier (who exclusively writes policies for veterans or their family members), has noticed a 13% increase in auto accidents after a soldier's return from deployment. In fact, the article reports that U.S. Army statistics show that 48 soldiers died in car accidents last year; the highest total in three years. Studies conducted by the Department of Veterans Affairs have been focusing on the potential between dangerously aggressive or overly defensive driving and deployment. Unfortunately, there is no accepted treatment for driving related PTSD and related driving problems-"it's a new phenomenon".

Continue reading "Deployment Related PTSD Could Affect Weston, Florida Drivers" »

Once again an accident occurs where a vehicle crashes into a storefront and is caught by surveillance cameras inside the store. This time a Weston, Florida Citgo gas station which is located just south of Interstate 75 and Indian Trace Blvd. In Weston, Broward County, Florida is the victim of a sport utility vehicle crashing into the gas station's store front causing significant damage and mayhem inside the establishment. As is often the case, this particular driver may have mistakenly hit the gas pedal instead of the brake and in the hysteria of the moment presses further down on the gas pedal hoping that the vehicle will stop but instead causes it to accelerate recklessly through the structure and into harm's way.

The Weston care accident lawyer is quite familiar with these accidents and has been involved with investigating the cause as well as representing the victims of such accidents; ranging from fatalities to multiple victims each with having suffered significant injuries. Fortunately, in this particular incident in Weston, there were no injuries other than significant property damage to the gas station. Similar Weston accidents involving cars accelerating into a retail establishments involve not only property damage claims which can be brought against both the driver and the owner of the vehicle that comes crashing through the storefront, but also against their bodily injury liability automobile insurance policies. Occasionally, the Weston personal injury attorney has come across this type of incident in which the driver claims that there may have been a defect in the vehicle which caused it to suddenly accelerate out of control such as the many claims that have been brought most recently against Toyota and its Camrys as well as against Audis in years past.

Continue reading "SUV Drives Through Weston Florida Store Front 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!" »

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" »

Studies are confirming that operators of Fort Lauderdale car, truck or motorcycles are greatly at risk due to the increasing number of vehicle operators who are driving on Fort Lauderdale roadways who are so fatigued that their ability to react to emergent situations is greatly impaired. NBC's Today Show is broadcasting a four part series focusing on this ever increasing problem on our roadways and frankly for our commercial and private airlines as well. Studies by the National Transportation Safety Board (NTSB) have concluded that hundreds are dying in accidents because their recommendation are ignored or abandoned. They also report that a fatigued operator is as equally as dangerous behind the wheel of a vehicle, or operating an airplane - as a drunk driver. The report indicates that the National Transportation Safety Board has issued 138 fatigue related safety recommendations with only 68 implemented.

Studies have also shown that an individual going more than 24 hours without sleep performs at the same level as someone who has a 0.10% blood alcohol content. In Florida 0.08 blood alcohol content is enough to qualify as a drunk driver.

Studies have also shown that tired drivers and pilots take longer to react and suffer from attention lapses, lose the ability to multi-task and lose the ability to assess risk and danger as if they weren't fatigued. Frankly, fatigue can make a person stupid and much more at risk for causing serious bodily injuries on Fort Lauderdale roadways. Tired individuals also seem to take many more risks. They also suffer from a narrow field of focus which could impair their ability to not only monitor all of the functions inside of a vehicle, but also assess all of the different potentially dangerous variables that are evolving around the fatigued driver's vehicles.

Continue reading "Fort Lauderdale Drivers At Risk For Accidents Due To Driver's Fatigue" »

Traffic was backed up for more than 20 miles on Florida's I-75 on June 25, 2010 shortly after 4 pm due to what appeared to have been a single vehicle accident. The vehicle appeared to have been a cargo van carrying an excessive load of lumber. Apparently the van skidded across all three lanes of the southbound traffic before leaving the roadway into the swale on the west side of I-75. The cargo van suffered extensive damage mostly to the roof in the area above the driver's seat, leaving much concern about the fate of the driver.

The roadway displayed gouge and yaw marks cutting across all 3 southbound lanes at an almost 45 degree angle to the path of travel.

It seemed as though the van may have been overloaded with building lumber and that the load of lumber may not have been properly secured or evenly distributed inside the van; although this is preliminary speculation.

Our immediate concern was whether the driver could have also been impaled by the load of lumber which appeared to have been 2"x4"x8's, which appeared to have been stacked to the height of where it would meet the rear of the driver's skull. Furthermore, the cargo van did not appear to have been equipped a barrier wall separating the driver from the cargo area that might have possibly retained the load from striking the front seat occupants in the event of a sudden stop or crash.

Continue reading "Overturned Van Accident On Florida's I-75 June 25, 2010!" »

But what if a Fort Lauderdale driver crashed as a result of either striking the debris in the roadway or while attempting to avoid it? Who could be responsible?

Well, one could argue that whoever lost the debris in the roadway was careless in the operation of their vehicle and therefore should be liable for the ensuing accident. One could also argue that if the identity of the owner of the product that was in the Fort Lauderdale Broward County roadway or the driver and owner of the vehicle transporting the product that ended up in the roadway could not be discovered then the accident victim should be entitled to seek benefits under his uninsured motorist coverage of his own policy. This would be predicated upon the sensible argument that the loss of product coming off a Fort Lauderdale vehicle is by definition, the careless operation of a vehicle; and if the identity of the wrongdoer cannot be discerned, Florida law permits a claim for uninsured motorist benefits against an unknown or "phantom" wrongdoer.

This Fort Lauderdale Personal Injury Law Firm represented the victim of just such a set of facts, which went to trial in 1992. In that case our client was driving northbound on I-95 in Broward County, Florida and suddenly discovered a large furniture box blocking his path just over the crest in the roadway. While he predictably swerved to avoid striking the box not knowing what might lay inside and how much damage it could have done, he lost control of the vehicle and struck the retaining wall as well as guardrail suffering knee and back injuries which required surgery. Allstate Insurance Company denied his claim for uninsured motorist benefits from his policy for the damages caused by a phantom vehicle, stating that his accident did not fall under the definition of an uninsured accident because there was no other vehicle involved and therefore, he was not involved in an automobile accident; but a Broward County Circuit Court jury of his peers ruled otherwise on the issue of coverage. In fact, the Court was obliged to award Attorney's fees against Allstate pursuant to F.S.627.428, because of Allstate's wrongful denial of insurance benefits.

Continue reading "A Fort Lauderdale Accident Caused By Debris In The Road - Is Anyone Responsible? Part Two" »

The renegade driver of an 18-wheel truck suddenly cuts off a Fort Lauderdale worker forcing the utility van he was operating into the retaining wall on I-95 in Broward County, Florida. The accident was significant enough to cause the engine block to shift against the driver's leg causing him to suffer injuries to his lower extremity.

If is not for the extraordinary contribution of a Good Samaritan the renegade truck driver, who immediately left the scene would have gone without responsibility.

Fortunately, for the victim this witness followed the truck for a great distance until they were able to identify the owner identity on the truck's cab, so that the investigation could be turned over to Florida's Highway Patrol.

Nevertheless when contacted by FHP, the owners of the truck vehemently denied their drivers involvement and quite discourteously refused to cooperate with the FHP's investigation. In fact, the trucking company continues to ignore this matter and not only refused to accept service of process of a lawsuit but continues to refuse to cooperate with its defense attorneys assigned to it by their insurance carrier.

One can easily draw an opinion that the same indifference that caused the accident continues throughout the case in the defendant's carelessness or lack of consideration to the well-being of others.

Fortunately there is a civil justice system in Broward County, Florida that allows victims to avail themselves to seek just compensation from liable wrong doers.

Continue reading "Fort Lauderdale Florida Trucking Accident Forces Van Into I-95 Retaining Wall!" »

#4 in a series of discussions on Florida's Motor Vehicle No-Fault

If you have been a victim of a car or truck accident in Florida and have suffered injuries or someone you care for has suffered a wrongful death and have by the significance of those injuries met the threshold requirement of F.S. 627 - Florida's No Fault Statute, you will then most likely be dealing with an car or trucking company's insurance carrier in order to recover your monetary losses and damages. The difficulty you will then face is in dealing with the insurance company that functions for the benefit of its profit margin as opposed to the absolute best interests' of the injured victims of a Florida automobile and trucking accident. Let there be no mistake in your perception that the auto insurance company is committed to avoiding and or reducing its liability for its negligent insureds on each occasion there is a claim made against a wrongdoer whom they insure.

As is true for each and every profit centered business entity, an insurance company must be responsible to two simple principles: 1) increasing its cash flow; i.e., collecting our premiums; and 2) reducing and/or minimizing its expenses; i.e., by the avoidance of voluntarily making full claim payments for car accident cases.

The insurance company employs well trained adjusters, claims specialists and defense attorneys who are committed to the best interests of the insurance company and not yours, even if it is your own insurance company that you are making your claim with. Many, if not all, of the employees of an insurance, company as well as their defense attorneys actually operate with an unspoken belief that they are doing a righteous task, not only by protecting the insurance company's bottom line profits, but by defeating the interests of Florida's automobile and truck accident victims.