Florida Accident Attorney Blog

Florida Highway Pile-up Accident on I-75 in Gainesville Claims at Least 10 Lives, Many Others Hospitalized with Injuries

Mon, 30 Jan 2012 10:00:24 -0500

Authorities continue to investigate possible causes surrounding a deadly Florida highway pileup traffic accident that claimed the lives of at least 10 people and sent some 18 others to area hospitals with injuries. The multi-vehicle accident occurred in the southbound lanes of Florida Interstate 75 in Gainesville this past weekend.

Witnesses and survivors told the media the pileup crash looked like "the end of the world," as several passenger vehicles collided with large commercial trucks and possibly one motor home. Some cars became trapped beneath the jackknifed larger vehicles and many burst into flames. Reporters allowed to tour the accident site reported bodies still inside charred and smoking wreckage.

Accident witnesses suggested that fog and/or smoke from a fire in the Gainesville, Fla. area dropped highway visibility for drivers, possibly setting off this deadly chain reaction highway accident. Authorities are investigating whether a nearby fire may have in fact been set. Florida Highway Patrol told the media that at least a dozen cars and several large commercial trucks were involved in this horrific accident.

Palm Beach County car accident injury attorneys who work with grieving families and injured motorists are all too aware how traffic on Florida highways can turn deadly in an instant.

Florida highway pile-up accidents, also known as chain reaction traffic accidents or multi-vehicle crashes, are deadly occurrences, which often claim multiple lives. Vehicles traveling on highways who suddenly come upon stopped or crashed cars and trucks -- may themselves become part of the pile-up crash, if they're unable to brake or avoid the pileup accident in time.

Multi-vehicle highway crashes are difficult for emergency personnel including police, fire, and EMS ambulances to respond to. The volume of crashed vehicles makes it more challenging for emergency personnel to get to and assist the victims. Emergency responders reported that the heavy smoke on I-75 at the time of the pileup crash made it difficult to locate victims. Hospitals in the Gainesville, Florida area reported being inundated with injured accident victims.

Other causes of highway pileup accidents may include weather, construction, or obstacles in the highway. Distracted driving may also lead to multi-vehicle crashes -- including when drivers in the opposite or other lanes slow down to gawk at highway accidents (aka "rubbernecking"). Speed may also be a factor in situations where drivers are tailgating or following other vehicles too closely, and someone suddenly brakes or stops on the roadway.

Florida authorities told the media that they are looking into whether a fire in the area may have been deliberately set. No doubt this tragic story will continue to unfold in the days to come, as authorities and investigators continue to gather more information as to the cause of this deadly highway accident.

Sources:

Cause sought for deadly Fla. highway pileup
WSVN-TV.com Jan. 30, 2012

Florida highway pileup kills at least 10 people
Palm Beach Post News Jan. 30, 2012

Related Web Resource:

Wikipedia: Multi-Vehicle Collision (list of other pileup crashes in the U.S.)

Driving Mad in Miami, Florida : Road Rage May Be More than Bad Manners in Traffic

Mon, 23 Jan 2012 16:58:04 -0500

When's the last time you drove down a Miami, Florida city street, only to be cut off, tail gated, or otherwise subjected to dangerous driving behaviors by your fellow motorists? What about driving on Florida I-95... When was the last time you witnessed aggressive driving such as rapid lane changing, tailgating, or speeding? How did you react to those incidents?

If they're being truthful, most South Florida drivers would admit to at least occasionally being at one end or the other of some form of road rage. Road rage involves an angry driver overreacting to a traffic situation by honking, yelling, swearing, making rude hand gestures, waving arms, speeding up or slowing down -- and other driving behaviors that can lead to serious Miami-Dade County traffic crashes.

As experienced Miami, Fla. car accident injury lawyers, we know that road rage can turn a minor traffic incident into a serious, even deadly motor vehicle crash. The AutoVantage Road Rage Survey in 2009 revealed the most common driving behaviors that set off road rage were talking on the cell phone, changing lanes without signaling, and tailgating. In fact, the same study ranked Miami, Florida 7th among the top 10 cities in the country with the worst road rage displayed on its streets and highways.

Miami had been no. 1 on the Road Rage Survey list for several years prior, being knocked off the top spot in 2009 by angry drivers in New York City. However Miami held onto its number-one rudeness ranking as the city most likely to report seeing other motorists cutting into other lanes with little or no warning, and engaging in distracted driving behaviors such as talking or texting on cell phones, tending to personal grooming, or reading while driving. Not to be outdone by NYC, Miami motorists are most likely to curse at another driver in reaction to road rage.

Stressed out South Florida drivers engaging in these dangerous behaviors may find themselves in a car crash or other serious traffic incident, if things get out of hand.

Now a new study indicates that road rage may be more than just an overreaction to rude or risky driving behavior. According to a report on National Public Radio, drivers who display road rage may have deeper seated emotional issues. If those individuals lose their tempers while behind the wheel, they fail to put on their emotional brakes, the report stated. This is when aggressive driving related motor vehicle crashes can and do happen.

We've all heard tragic stories on the news where a minor traffic incident escalated into something far more deadly -- where parties either ran each other off the road or stopped and settled the disagreement with fists or weapons. Driving in Miami-Dade County is challenging enough as it is. Let's all try to remain calm, keep eyes on the road, drive defensively, and avoid serious motor vehicle accidents. More on road rage and dangerous driving behaviors in Miami, Florida below.

Related Florida Accident Attorney article:
Florida Ranks Fourth for Worst Drivers in the Nation, Insurance Study Reports
(Nov. 10, 2011)

Sources:

AutoVantage Road Rage Survey Reveals Best, Worst Cities

U.S. Cities with the Worst Road Rage : Miami, FL
CNBC.com 2009

Affinion Road Rage Survey 2009 : Miami

Road Rage: A Symptom Of Much More Than Bad Traffic?
NPR.org Dec. 12, 2011

Top Reasons for Medical Malpractice Lawsuits Against OB-GYN Practitioners

Sat, 21 Jan 2012 13:37:45 -0500

As experienced Miami, Florida birth injury attorneys, we know the range of things that can go wrong in those critical moments when a baby is delivered into the world. Obstetricians, physicians, nurses, and other medical personnel all have an important role to play to ensure that a newborn arrives safely and without injury. Now a study released last year reveals the most common types of medical malpractice errors that occur in obstetrical care in the U.S.

The report, conducted by CRICO Strategies of Cambridge, Mass., found that the most common reasons for childbirth injury related medical malpractice lawsuits are as follows:

(1) Errors in clinical judgment
(2) Miscommunication between doctors
(3) Technical errors

The study looked at some 120,000 clinically coded medical malpractice claims from 2005 through 2009. Errors in clinical judgment were found in more than three-quarters of cases examined (77 percent), followed by miscommunications (36 percent), technical errors (26 percent), inadequate documentation (26 percent), administrative failures (23 percent), and ineffective supervision (15 percent). In addition, the study found that the top three most common OB risks or allegations were delay in treatment of fetal distress, improper performance of vaginal delivery, and improper management of pregnancy.

A shoulder dystocia is one type of child birth delivery complication that if not properly handled, can lead to injury and conditions affecting the child's movement and coordination. Shoulder dystocia occurs during vaginal delivery when the infant's shoulder becomes "stuck" inside the mother, causing difficulties. These types of birth complications are more common in large babies, mothers who have problems with diabetes and/or obesity, and moms who have had difficult vaginal births and/or large babies in the past.

Conditions resulting from shoulder dystocia injury during childbirth may include Erb's Palsy and Brachial Plexus Palsy in the child. The mother may also experience injuries during child birth if a shoulder dystocia is handled improperly and with excessive force by medical practitioners.

The report came to a conclusion that a Miami birth injuries lawyer experienced in these types of cases would agree with: "… OB malpractice issues are rarely the result of a single act or omission by a single clinician."

Related Florida Injury Attorney resources:

Q&A with Florida Erb's Palsy Injury Lawyer Debi Chalik

Birth Trauma and Child Injury : Study on Young Patients' Safety in Hospitals Identifies Risk Factors (Nov. 18, 2011)

Shoulder Dystocia and Brachial Plexus Birth Injuries Can Be Reduced by Following Medical Protocol, Report for Physicians Says (March 12, 2011)

Sources:

CRICO Strategies' Report on Malpractice Errors in Obstetrical Care Provides Roadmap for Enhanced Patient Safety
Marketwire via Yahoo! Finance June 2011

CRICO Strategies Annual Benchmarking Report: Malpractice Risks in Obstetrics

Related Web Resource:

American Congress of Obstetricians and Gynecologists

OSHA Targets Florida Beauty Salons and Manufacturers over Formaldehyde in Hair Products, Posing Risks to Workers and Consumers

Tue, 17 Jan 2012 07:23:42 -0500

A trip to a Florida hair and nail salon is supposed to be an enjoyable experience. Consumers expect to emerge from a Fla. beauty shop looking better than when they went in. However, as experienced Miami, Florida product liability lawyers know from their work with clients, things can sometimes go horribly wrong.

For example, last fall, a woman from Southwest Ranches, Fla. filed an injury lawsuit against a Florida beauty salon after she claimed a hair dye procedure left her with a burnt bald spot on her head. According to news reports, the woman has a permanent bald patch on her head due to her injury sustained at the beauty shop. (Source: Salon sued after woman burned during procedure, WSVN-TV, Oct. 7, 2011)

While consumers may not always be aware of these kinds of incidents at hair, nail, and beauty salons, a Miami, Florida personal injury attorney knows of the potential dangers of the chemicals used in hair dye, highlights, perms, and straightening treatments. Body waxing and eyebrow waxing, as well as hand and foot soaks used in manicure and pedicure shops, can also pose risk for infection and other health and safety hazards.

Now the U.S. Occupational Safety & Health Administration (OSHA) is targeting Florida beauty salons for reportedly using the chemical formaldehyde in hair treatments, putting hair stylists and other employees, as well as consumers, at risk. They have also cited Florida hair care products manufacturers and distributors for the same issue. According to an OSHA news release,

OSHA also has issued citations to two Florida manufacturers and two Florida-based distributors of hair products containing formaldehyde for failing to protect their own workers from possible formaldehyde exposure as well as to communicate the hazards of formaldehyde exposure to salons, stylists and consumers.

Florida is among several states targeted by OSHA for using formaldehyde in hair straightening and hair smoothing products. According to a warning issued by OSHA earlier last year, formaldehyde can cause serious health risks if breathed in or if the chemical comes in contact with the eyes. OSHA believes this chemical poses both a work related hazard to stylists and other hair salon employees, as well as to the customers. The OSHA investigation reportedly stemmed from complaints by employees who had concerns over exposure to the chemicals.

Miami, Fla. product liability attorneys follow industry developments such as these, where manufacturers, distributors, and service providers may be held liable in cases where people are injured due to toxic products and/or negligence.

The Food and Drug Administration (FDA) is also involved in this investigation over Florida hair care products. The FDA issued a warning letter to the importer and distributor of Brazilian Blowout Acai Professional Smoothing Solution -- citing mislabeling of products as "formaldehyde free" and danger of formaldehyde being released during use of the products.

Florida Accident Attorney resource:

Hair and Beauty Salon Accidents Including Eyebrow and Bikini Waxing Injuries

Sources:

US Department of Labor continues to cite beauty salons and manufacturers for formaldehyde exposure from hair smoothing products
OSHA News Release Dec. 8, 2011

Hair Smoothing Products That Could Release Formaldehyde
OSHA Hazard Alert Update Sept. 22, 2011

Florida Traffic Laws Ranked Middle of the Road in U.S. Driving Safety and Accident Prevention Study

Thu, 12 Jan 2012 14:38:47 -0500

South Florida is known for its world-famous beaches, exciting vacation destinations, year-round temperate climates, and culturally diverse cities. Unfortunately, Florida has also made a name for itself as one of the most hazardous states in the country when it comes to driving and pedestrian safety.

Last year a number of Florida cities were named among the most dangerous places for pedestrian traffic accidents. What's more, the Sunshine State was ranked the fourth most dangerous state in the country when it comes to motor vehicle crashes, injuries and fatalities. (See related Florida Injury Attorney article, below.) Now a new study looking at 15 basic traffic safety laws in the U.S. has given Florida fair marks, while identifying areas that need improvement.

The Advocates for Highway and Auto Safety released a report titled the 2012 Roadmap to State Highway Safety Laws. The organization identified 15 basic traffic safety laws, which they believe all states should have in place to reduce the number of motor vehicle accident injuries and deaths.

These include state laws regulating safety measures and equipment such as motorcycle helmets, seat belt use, text messaging while driving, impaired driving (laws targeting drunk drivers, including use of ignition interlock devices for offenders), Graduated Driver Licensing (for younger, inexperienced drivers -- who present a serious safety hazard for themselves, their passengers and other motorists), child booster seats, and other traffic safety and accident prevention related areas.

Florida was among states that received a ranking of "yellow," meaning "cautious." Those states ranked yellow have 6 to 10 of the key traffic laws on the books, with a primary seat belt law, OR 7 to 13 laws without a primary seat belt law. Other states were ranked "red" ("danger" -- state falling behind in traffic safety) or "green" ("good") depending on the number of traffic safety laws they had or did not have on their books. NO states met ALL of the Advocates' requirements for recommended traffic safety laws.

The Advocates pointed out a number of areas where Florida traffic safety laws could be strengthened and improved, including the adoption of…

All-rider Motorcycle Helmet Law (to protect from head and brain injury in Fla. motorcycle crashes)

Several restrictions to the Florida Graduated Drivers Licensing program

Booster Seat Law

Ignition Interlock Law

Ban on Texting while Driving in Florida

Fort Lauderdale car accident lawyers know too well from their work with grieving families and injured individuals about the dangers of driving in Florida -- from highways such as I-95 to city streets to back roads, over bridges, on beaches, and along canals. Lives are changed forever, in an instant, when a serious auto accident in South Florida occurs. It will be interesting to see if Florida lawmakers improve on any of the state's existing traffic laws this year.

Related Florida Injury Attorney article:
Which South Florida Cities Made Worst Driver and Pedestrian Traffic Accident Lists for 2011? (Jan. 4, 2012)

Sources:

2012 Roadmap to State Highway Safety: Press Kit (PDF)

Highway Safety Laws Needed in Florida

Advocates for Highway and Auto Safety Jan. 11, 2012

Related Web Resource:

The 2011 Florida Statutes:
TITLE XXIII, MOTOR VEHICLES, CHAPTER 316
STATE UNIFORM TRAFFIC CONTROL

Tire Blowout Accident Kills Davie Man on Florida I-95 Saturday; Florida Highway Patrol Reports Driver Ejected from Vehicle

Mon, 09 Jan 2012 10:30:37 -0500

According to South Florida media reports, a Davie, Florida man was killed when he was ejected from his vehicle following a tire blowout accident on I-95 near Boynton Beach.

The South Florida Sun Sentinel and other Fla. media reported that Mr. Daniel Robert Cohen, age 40, was driving his van southbound on Florida Interstate 95 Saturday afternoon near Woolbright Rd., when his left rear tire blew out. The tire blow out reportedly resulted in Mr. Cohen's van leaving the highway, veering onto the shoulder and turning over, ejecting him from the vehicle. He was brought to Delray Medical Center where he passed away, according to Florida Highway Patrol.

Davie, Florida tire accident injury lawyers may be consulted by families in cases where a tire blowout caused a motor vehicle crash resulting in injuries or death. Experienced Broward County, Fla. tire blowout attorneys may consult with tire industry experts to help determine whether a serious auto accident resulting in injury and/or death may have been caused by defective tires, aging tires, recalled tires, or some other tire-related factor. We offer our sincere condolences to the family of this tire accident victim.

For more information on tire-related car crashes in South Florida, and what's involved in tire related auto accident lawsuits, please visit our Broward County tire accident attorney resource pages:

Q&A with Florida Defective Tire Accident Injury Attorney Debi Chalik: Learn about what kinds of auto accidents may be caused by tire defects in Florida, and what parties may be held liable. Plantation, Florida personal injury lawyer Debi Chalik offers her insights into these types of tire related car crashes, and answers common consumer questions.

How Old Are Your New Tires? The Dangers of Driving on Aging Tires: The average person driving on Florida I-95 and other roadways does not know that their aging tires may be a danger to their safety. The age of tires may affect their roadworthiness -- particularly when driving under the year-round hot Florida sun. Here, Florida Car Accident Injury Attorney Debi Chalik offers some important information on how to determine the age of your tires on your car, truck, van or SUV -- including tires you buy "brand new" from tire stores as well as the spare tire that may be stored in your trunk or on a tire carrier.

Also, please see our Tire Date Coding and Florida Driving Safety and Florida Car Accidents, Tire Safety, and Defective Tires webpages for more consumer related information. Both webpages feature videos of Attorney Debi Chalik advising consumers on what to do if they think a tire may have caused a serious or fatal auto crash in South Florida.

Defective Tire Accident in Florida Causes Catastrophic Brain Injury: Learn about one family's case and how experienced Plantation, Fla. injury attorneys helped in the aftermath.

News Sources:

Tire blows, Davie man dies on I-95
South Florida Sun Sentinel Jan. 7, 2012

Davie man killed on I-95 after tire blows
Palm Beach Post News Jan. 7, 2012

Which South Florida Cities Made Worst Driver and Pedestrian Traffic Accident Lists for 2011?

Wed, 04 Jan 2012 13:15:33 -0500

For the last couple years, overall motor vehicle crash fatality rates have declined in the U.S. -- and in the state of Florida. The National Highway Traffic Safety Administration (NHTSA) projects an encouraging early estimate: Traffic accident death rates from 2009 to 2010 are expected to decline by 3 percent, on a national level.

National safety experts attribute the decline to a number of factors, including more aggressive laws and public awareness campaigns targeting dangerous behaviors such as drunk driving, as well as advances in automotive safety technologies.

In Florida, traffic accident fatalities declined from 2,980 deaths in 2008, to 2,558 deaths in 2009. In the U.S., an estimated 32,885 people were killed on roadways last year. That number reflects the decline projected by NHTSA. However even government and other traffic safety advocates recognize that if your loved was among the thousands of motor vehicle crash fatalities, the gains are of little comfort.

As experienced Fort Lauderdale car accident injury lawyers will attest -- we still have much work to do as a country and a state to make roads and highways safer for all motorists, bicyclists, and pedestrians. With our heavily travelled and congested highways such as I-95; city streets bustling with traffic, tourists, and pedestrians; and numerous roadways hemmed in by watery canals -- South Florida driving can be hazardous, and deadly. Let's look back at a few of the dubious distinctions Florida achieved for bad driving and pedestrian accident hazards last year:

Florida Ranks Fourth for Worst Drivers in the Nation: An insurance industry study ranked Florida the 4th worst place to drive in the country, behind Louisiana, Missouri, and Texas.

Fort Lauderdale and Miami Florida Among Worst Cities for Pedestrian Traffic Accident Risks: A national public safety advocacy group does a yearly "Dangerous by Design" study examining the most dangerous roads and highways in America. Our own Miami and Ft. Lauderdale, Florida ranked among the most dangerous cities in which to drive or travel on foot. In 2009, a total of 466 pedestrian accident fatalities occurred in Florida.

Florida Pedestrian Traffic Accident Deaths Up: Report Cites Technology Distractions: Used to be you'd walk down a South Florida city street and see tourists looking up at tall buildings and palm trees, admiring the scenery and landmarks. Now seems like everyone is looking down at their iPhones, Androids, and other hand-held devices. It's a dangerous practice for pedestrians: The Governors Highway Safety Association (GHSA) reported that distracted pedestrian traffic accidents are on the rise: "…in 2009, four high-population states with large urban centers – California, Florida, Texas and New York – together accounted for 41% of the nation's pedestrian fatalities."

Please continue to visit our Florida Accident Attorney blog for more articles on Florida traffic safety, motor vehicle accidents, tire and other automotive product safety recalls, and other personal injury related topics. Have a happy New Year. Be safe on Florida highways and city streets.

Sources:

2011 DOT Year in Review: NHTSA safety record shines
U.S. Dept. of Transportation Blog Jan. 3, 2012

NHTSA Traffic Safety Facts Florida: 2005 - 2009
NHTSA.gov Collected Jan. 4, 2012

Related Web Resources:

Traffic laws for pedestrians and drivers to know
Florida Department of Transportation

More than One-Third of Florida Holiday Traffic Accident Deaths Involve Drunk Driving

Wed, 21 Dec 2011 16:50:55 -0500

With the holiday season in full swing and another year drawing to a close, Floridians are naturally in a festive mood. Between company parties and family gatherings, there's no shortage of opportunities to celebrate. Florida is also a hot vacation spot for people needing a break from the colder climates. This means Orlando and other Central and South Fla. hotels, restaurants, and night clubs are enjoying the extra holiday business boost.

However, holiday celebrations also come with the risk of people drinking and driving. In fact, according to a recent report in the Orlando Sentinel, 35 percent of all Florida auto accident deaths over the December and New Year's holidays last year involved alcohol impaired driving. That's more than one-third of Fla. traffic accident deaths involving alcohol.

Florida Highway Patrol has announced that it will be out in force this holiday season to try to curb these preventable drunk driving traffic accidents. Florida participates in the national Drive Sober or Get Pulled Over campaign, designed to stop drunk drivers before they hurt themselves or other Fla. motorists. The National Highway Traffic Safety Administration (NHTSA), which sponsors the national campaign, estimates some 11,000 people were killed in the U.S. last year due to drunk drivers.

As an experienced Orlando, FL car crash injury attorney knows from work with clients, holiday celebrations can turn to grief in a heartbeat when someone who has been drinking gets behind the wheel and causes an auto accident. The Florida Highway Patrol advises motorists to never drink and drive, and to designate a sober driver when celebrating over the holidays. In addition, Fla. motorists who spot erratic, aggressive, or suspected drunk drivers may call in their tips to the Florida Highway Patrol from their cell phones at *FHP (*347).

Though Florida traffic accident deaths have declined in recent years, in keeping with a nationwide trend, we still have much more work to do to make Fl. roads and highways safer for all motorists. NHTSA reported that for 2008, Florida alcohol-impaired driving fatalities amounted to 875 lives lost on our roads and highways. Florida traffic deaths are most numerous in the counties with the highest populations, the top five being Miami-Dade County, Broward County, Palm Beach County, Hillsborough County, and Orange County, Florida. (Source: NHTSA Traffic Safety Facts Florida 2004 -2008)

So be careful out there while driving on Florida city streets, back roads, and highways. Have a safe and happy holiday season.

Related Florida Accident Attorney Articles:

Driving Drowsy in South Florida : Why Sleep Deprived Driving Can Be as Bad as Driving Under the Influence of Alcohol (Aug. 2011)

Florida Ranks Fourth for Worst Drivers in the Nation, Insurance Study Reports (Nov. 2011)

Sources:

Florida Highway Patrol warns drivers to stay off the road during holidays
Orlando Sentinel Dec. 20, 2011

Cops Warn “Drive Sober Or Get Pulled Over”
CBS Miami Dec. 20, 2011

Related Web Resources:

FHP CRACKS DOWN ON IMPAIRED DRIVING DURING HOLIDAY SEASON (PDF)
Florida Department of Highway Safety and Motor Vehicles press release, Dec. 15, 2011

NHTSA: Drive Sober or Get Pulled Over campaign

Should Florida Ban All Cell Phone Use and Texting While Driving to Avoid Traffic Accidents?

Wed, 14 Dec 2011 11:41:01 -0500

It's a common site in Florida, whether you're driving up and down I-95 or cruising along a Miami, Fla. city street. Floridians are talking up a storm on their cell phones, as though they were in their own offices or kitchens. Automobiles have, in many ways, become home offices on wheels. With the proliferation of Internet enabled cellphones -- along with GPS devices, on-board DVD players, high-end stereo systems, and other tech extras available on newer cars -- yesterday's driving distractions, such as eating or adjusting the radio knobs, seem quaint in comparison.

The problem of distracted driving due to talking and texting on cell phones has received increased attention in the media -- with some public safety experts putting the problem on par with that of drunken driving.

In light of recent high-profile catastrophic motor vehicle accidents where driver texting was blamed, the U.S. government has made a recommendation sure to spark heated debate: Ban ALL cell phone usage while driving, except in case of emergency. That includes talking on cell phones, including both handheld and hands-free devices, as well as texting behind the wheel.

The National Transportation Safety Board (NTSB) announced this week that it recommends a total ban on cell phone usage while driving. The announcement came after a summit meeting held in the wake of a tragic traffic accident in Mo. in 2010 involving a pickup truck, two school buses and a commercial truck cab. The 19-year-old pickup truck driver in this truck accident had reportedly sent multiple text messages in the minutes leading up to the crash. A chain reaction traffic accident occurred when the pickup slammed into a tractor-trailer cab that had slowed for construction, with a school bus crashing on top of the smaller vehicle. In the end, the pickup truck driver and a teenage school bus occupant were killed, with 38 people sustaining minor and serious injuries.

A report in The Miami Herald states that the National Highway Traffic Safety Administration estimates 4,000 people killed in traffic crashes due to distracted driving, including cellphone use, last year.

Miami FL car accident injury lawyers work with families when someone is injured or killed in a traffic accident, due to the fault of another driver. Many factors may contribute to a Florida driver making a fatal error in judgment. Sadly today, the electronic devices that make our lives more convenient have in fact become a serious and sometimes deadly distraction for drivers.

Debate will continue at the state level as to how Florida and other states will respond to the NTSB recommendation. The Miami Herald reported that Florida State Rep. Irv Slosberg (D-Boca Raton) is sponsoring a bill for 2012 (HB 187) that would prohibit use of hand-held cellphones and other electronic devices by drivers under 18 and for all schoolbus drivers. In addition, The Palm Beach Post reports that in the Florida Senate, Sen. Thad Altman (R-Viera) has a bill (SB 930) that would ban youth younger than 18 from using a phone while driving, and Sen. Nancy Detert (R-Venice) is behind a ban on texting while driving (SB 416).

Currently, Florida has no such restrictions on using cell phones while driving.

Sources:

Federal safety experts urge crackdown on behind the wheel texting, cellphone use
Associated Press via Miami Herald Dec. 13, 2011

NTSB Recommends Nationwide Ban on Driver Cellphone Usage
FoxNews.com Dec. 13, 2011

Florida not so friendly to NTSB-suggested ban on texting, phoning while driving
The Palm Beach Post News Dec. 13, 2011

Related Web Resources:

Highway Accident Report: Gray Summit, MO: Collision Involving Two School Buses, a Bobtail and a Passenger Vehicle, August 5, 2010
NTSB website, collected Dec. 13, 2011

State Cell Phone Use and Texting While Driving Laws
Governors Highway Safety Administration Dec. 2011

Florida Teens and Drunk Driving : Children of Parents Who Drive Drunk or on Drugs More Likely to Drive Under the Influence Themselves

Wed, 07 Dec 2011 17:02:15 -0500

As an experienced Fort Myers FL car accident injury lawyer knows all too well -- teenagers, alcohol and/or drugs, and driving is a dangerous and potentially fatal combination. Now a new government study shows a link between parents who drive under the influence of alcohol or drugs, and their children's likelihood to repeat the same high-risk driving behaviors.

The Substance Abuse and Mental Health Services Administration (SAMHSA) released a report entitled, "Data Spotlight: Adolescents Living with a Parent Who Drives Under the Influence Are at Increased Risk for Driving Under the Influence Themselves." Data was collected from households surveyed from 2002 to 2009, across the U.S. According to the National Survey on Drug Use and Health, an annual average of 932,000 youth ages 16 to 17 (11.5 percent) drove under the influence of alcohol or illicit drugs in the 12 months prior to the interview.

The study found that parents play a key role in preventing their teens from drinking and driving, and thereby helping them avoid drunk driving car crashes. Too often we read newspaper headlines in Florida about promising young lives cut short because teenagers were partying and drinking under aged, got behind the wheel, and then crashed their automobile. The SAMHSA study concluded that parents who model responsible driving behaviors can help their teenage drivers learn to do the same.

However the study also found that in homes where one or more parents drove under the influence of alcohol or drugs -- the children were far more likely to engage in the same destructive driving behavior. Of note:

18.3 percent of 16 and 17 year olds living with a mother who drove under the influence of drugs or alcohol also drove under the influence – as opposed to 10.9 percent of the adolescents who lived with a mother who had not driven under the influence.

The influence of fathers on teens drinking and driving seemed to be even more profound...

21.4 percent of adolescents living with a father who drove under the influence also drove under the influence, as opposed to 8.4 percent of adolescents living with a father who did not drive under the influence.

The agency offers a number of resources for parents who want to teach their children the realities of drinking and driving (see Resources links below). Florida parents might consider these statistics specific to teen driving and drunken driving (DUI) accidents in the Sunshine State:

Fatalities of teen drivers and passengers (ages 15 to 19) fell by more than 20 percent between 2008 and 2009 -- from 193 to 153 deaths. However, teen drivers continue to over-represent in terms of crash frequency, posting the highest rate of crash involvement of any age group.

Of the total 2,563 Florida motor vehicle crash deaths in 2009 (all ages), 1,004 (39.2 percent) of these now deceased individuals had been drinking prior to the fatal crash. (Source: Florida Traffic Safety Facts 2010 : Fatalities, Florida Department of Highway Safety and Motor Vehicles)

Sources:

New report shows that adolescents are far more likely to drive under the influence of alcohol or drugs if they live with a parent that drives under the influence
SAMHSA Press Release Dec. 6, 2011

Adolescents Living with a Parent Who Drives Under the Influence Are at Increased Risk for Driving Under the Influence Themselves (PDF)

Related Web Resources:

UnderageDrinking.SAMHSA.gov

Traffic Safety Marketing: Youth Access to Alcohol

Florida Honda Air Bag Recall Alert : More Vehicles Recalled for After Fla. Car Accident with Injury in August

Mon, 05 Dec 2011 12:09:47 -0500

If the unthinkable -- a serious traffic accident -- occurs in Fort Lauderdale, Broward County, or elsewhere here in South Florida, drivers want to count on their autos' safety equipment to perform as the manufacturer intended. A current automotive safety recall affects just such a piece of safety equipment. It's one Florida drivers normally forget is there -- until a motor vehicle crash occurs and it deploys. We are talking about air bags. And an ongoing problem with Honda airbags has a Florida connection.

Media reports state that Honda is recalling more than 300K vehicles around the world due to a concern that the air bag could malfunction and cause injury during an auto accident. (Automotive equipment recalls are related to product liability issues.)

According to news reports, the current Honda air bag recall is an expansion of safety recalls of previous years -- over concern that the wrong chemicals were used to make the air bags inflate. This problem could cause airbags to inflate with too much pressure during deployment in an auto crash, causing the inflator to rupture. Drivers and passengers may be at risk of being struck and injured by flying plastic and metal debris (what USA Today calls "shrapnel") traveling through the ruptured airbag, if the faulty airbags deployed during serious car accidents.

Florida Connection to Honda AirBag Safety Recall

USA Today reported that, "The latest injury happened in Florida on Aug. 1, and that prompted Honda -- which thought the four previous recalls had covered all suspect vehicles -- to announce the latest expansion." A Detroit automotive news source added that the Florida Honda airbag accident with injury occurred in a vehicle that had not been recalled, prompting Honda to look at the recall again. The initial Honda air bag recall reportedly took place in Nov. 2008. The combined recalls related to the air bag problem now amount to some 2.8 million vehicles worldwide -- 2.5 million of them in the U.S.

A Fort Lauderdale auto product liability attorney has knowledge pertaining to automotive manufacturer liability and Florida consumers' rights. When a traffic accident with injury or death occurs in Broward County, Fla., an experienced defective product lawyer can work with families to help determine if they may have a case or claim -- when they think their vehicle or auto equipment malfunction may have played a part in the serious traffic accident.

Honda reportedly disclosed that about 20 traffic accidents related to the air bag recall have occurred, including two auto accidents with deaths in the United States. The current vehicles affected are Honda from model years 2001 and 2002: Accord, Civic, Odyssey, Pilot, CR-V and other models. See links below to official Honda website resources for vehicle owners.

Sources:

Honda Recalls 304,000 Vehicles Worldwide For Air-Bag Problem
Huff Post Business Dec. 2, 2011

Honda expands 'shrapnel' air bag recall -- again
USA Today Dec. 2, 2011

Safety group wants Honda fined over recall
The Detroit News Dec. 5, 2011

Related Web Resources:

Honda Automobile Recall Information (look up your VIN here)

Statement by American Honda Motor Co., Inc., Regarding Driver’s Airbag Inflator Recall Expansion (PDF)
Honda Recall Press Release Dec. 1, 2011

Florida Child Safety Alert : Consumer Groups Post Unsafe Toys Lists for 2011 Holidays

Tue, 29 Nov 2011 17:31:06 -0500

With Thanksgiving, Black Friday, and Cyber Monday past us -- and the December holidays coming up fast -- Florida parents will be scrambling to get all their holiday gifts purchased and wrapped for their children. Every holiday season brings product liability related warnings about toys that could pose potential safety and health hazards to children. Consumer advocacy groups have come out with their annual lists of potentially dangerous toys to avoid.

As Broward County, Florida child birth injury attorneys -- and parents ourselves -- we know how precious these little ones are to their families. Here's a brief rundown of a few toys and related hazards that made consumer watch lists, due to their potential danger to children's safety.

The U.S. Public Interest Group (USPIRG) published its annual Trouble in Toyland report (see links below). The product liability problem areas the group discovered in toys on store shelves included toys and products that…

contain toxins (which can be found in some plastics) that may be hazardous to children's health

emit loud sounds that may be harmful to growing children's sensitive ears

have small and/or removable parts (such as magnets and "button" batteries) that pose potential choking hazards

The PIRG reports that for 2010, more than 250,000 kids required emergency room treatment for toy-related injuries, many of which the group says could have been avoided. Choking is the number-one cause of toy related accidental child death, the group reports. Strangulation is also a serious and life-threatening hazard (e.g., by toys that have cords or lines including baby mobiles, as well as clothing with drawstrings). The group offers toy research and buying tips for parents, including a mobile phone app that they may use to get info while shopping. (See links below.)

The U.S. Consumer Product Safety Administration (CPSA) offers information on product warnings and recalls across a range of child safety related categories, including toys, car seats, cribs, helmets, as well as swimming pools and clothing. (See link below).

In addition, the South Florida Sun Sentinel reported that Boston-based World Against Toys Causing Harm (WATCH) issued its own list of potentially dangerous toys. Items that made that list include a Godzilla figure with dagger-like attachments and a Power Rangers toy Samurai sword, as well as a fold-up trampoline, a toy bow and arrow set, and a pull-toy duck with a long cord.

The Sun Sentinel reported that a toy manufacturers association spokesperson stated that toys are saver than ever before. If your child is injured while using a toy, it's best to consult an experienced Fort Lauderdale, Florida child accident injury lawyer to help determine possible liability and whether you may have a case or claim. See the links below to lists of possibly dangerous toys and well as resources for how to research and make wise toy purchases.

Sources:

Survey Finds Toxic or Dangerous Toys on Store Shelves
US PIRG Press Release Nov. 22

26th Annual Trouble in Toyland Report

USPIRG Toy Safety 2011 mobile app

U.S. consumer group flags 10 most dangerous toys
South Florida Sun Sentinel Nov. 17, 2011

2011 "10 Worst Toys" List
WATCH World Against Toys Causing Harm

U.S. Consumer Product Safety Commission home page

Palm Beach County Deputy Rescues South Florida Woman After Car Crashes into Canal

Sun, 27 Nov 2011 11:34:02 -0500

A Palm Beach County, Florida car accident made the national news this past Thanksgiving holiday week.

According to media reports, a woman working the Black Friday post-holiday sales at a Target store went off the road while driving home after an overnight shift, crashing into a Florida canal. The media reported that the woman, age 36, may have fallen asleep at the wheel of her silver Pontiac, losing control of her vehicle, which went into the canal. The Palm Beach area car crash reportedly occurred shortly after 7:30 a.m. on Saturday morning.

News reports stated the woman was able to place a 911 emergency call to police. A nearby Palm Beach County Sheriff's Office deputy was able to get to the scene and rescue the woman from her sinking vehicle.

Palm Beach County, FL car accident lawyers are well aware of the hazards of drowsy driving -- as well as the challenges of navigating Florida roadways where canals run right alongside. This particular motor vehicle crash into a Florida canal occurred in Pahokee -- a small city on Lake Okeechobee in Palm Beach County, Florida.

This was not the first victim of a Florida canal car crash that the responding deputy had rescued. The Palm Beach Post reported that Palm Beach County sheriff's deputy Frank Mayo, who pulled the woman from the sinking car, had in fact rescued other accident victims in 1992. At that time, The Post reports, he was able to rescue three of four women whose car had flipped over a guardrail and into a canal off Florida US 441. The Deputy told the press that he had been involved in rescuing additional car crash victims at risk of drowning in Florida canals in the past.

South Florida's vast system of canals snakes through the region, along back roads and highways, including off the Florida Turnpike. Originally built for flood control, they're prevalent in South Fla. counties, including Broward, Miami-Dade and Palm Beach counties. Their construction ranges from bridged canals to submerged culverts.

These canals have been the subject of discussion among Florida traffic safety advocates for some time, given so many car crashes in Florida occur each year when motorists go off the road and land in the canals. Sadly, Florida drivers and passengers drown in these canal car crashes, as the cars sink quickly before they can escape or help can arrive and rescue them. The accident victim in this Palm Beach County car accident was fortunate that she was able to call 911 and a Florida deputy was nearby. Additional police arrived on the scene to assist the responding deputy with the rescue. See links below to news stories including videos.

Related Florida Accident Attorney articles:

Guardrails Could Prevent Florida Car Crashes into Canals and Drowning Deaths (July 2011)

Florida Family Missing From Fort Lauderdale Since '99 Found Dead in Van Submerged in Canal Off I-75 (April 2010)

Sources:

Black Friday Worker Rescued From Canal After Losing Control Of Car Due To Exhaustion
Huffington Post Business Nov. 26, 2011

PBSO deputy saves 'Black Friday' Target employee who drove into Pahokee canal
The Palm Beach Post Nov. 25, 2011

Related Web Resource:

South Florida Water Management District

Florida Thanksgiving Traffic Bump Expected : Highway Patrol Out to Enforce Driving Laws

Tue, 22 Nov 2011 06:00:00 -0500

Maybe Florida drivers have become accustomed to paying more at the gas pumps. Or maybe people just want to make it home for the Thanksgiving holiday. Whatever the reason, AAA expects a 3 to 4 percent overall travel increase this Thanksgiving, in Florida and across the U.S. So if you plan to drive on Sunshine State highways and secondary roadways this Thanksgiving -- expect some company on the road with you. Including Florida Highway Patrol.

As experienced West Palm Beach car accident injury attorneys will tell you: Increased Florida holiday traffic can lead to an increase in traffic accidents. No one wants to read the news after the holiday weekend that anyone was seriously injured or lost their life while traveling on Florida roadways.

Unfortunately, a higher traffic volume on the region's highways, combined with speeding, drowsy driving, distracted driving, driving under the influence of alcohol (Florida DUI), and other dangerous driving behaviors -- can be a recipe for disaster. That's why Florida Highway Patrol will be on the scene to apprehend and ticket traffic offenders. This Thanksgiving, the FHP will be visible on higher volume Florida roadways. According to the St. Petersburg Times, troopers meant business when they patrolled Florida's roadways last Thanksgiving holiday week -- investigating 12,770 violations over a five-day period.

Florida travelers who hope to avoid the scenes of traffic crashes (which can lead to miles and hours of congestion -- especially during heavy Thanksgiving travel) are encouraged to use the Florida Department of Transportation's 511 system. According to an FDOT spokesperson, the system gets updates of motor vehicle accidents on Florida interstates.

Motorists who dial in to the FDOT 511 system get updated information about existing Florida auto accidents -- so they can avoid those routes (and the possibility of becoming involved in secondary accidents near the original crash sites). A new website app offered by the FDOT (see link to website below) uses iPhone GPS to provide motorists with updated information relevant to their locations. In addition, the 511 app allows users to view traffic cams from compatible hand-held devices.

Florida DOT offers common sense advice to get through the Thanksgiving holiday safely and avoid motor vehicle crashes: Call 511 ahead of time to get information about best route planning. Wear seat belts. Don't drink alcohol and drive. In addition, you might want to take advantage of the Florida Turnpike free coffee program, if you need a driving pick-me-up. And always drive defensively -- in Fla. or wherever you travel. Happy Thanksgiving!

Related Florida Accident Injury Attorney article:

Speed Kills on Florida Highways -- But Slow Driving in Left Lane Also a Safety Hazard, Lawmakers Say (Oct. 5, 2011)

Sources:

Florida Highway Patrol will increase traffic enforcement for Thanksgiving holiday
St. Petersburg Times Nov. 22, 2011

Avoid Thanksgiving Traffic with FDOT's 511 System
WCTV.tv Nov. 22, 2011

Florida's Turnpike serves up free coffee
Associated Press via Ocala.com Nov. 21, 2011

Related Web Resources:

Florida's 511 Traveler Information System

Florida Highway Patrol

Birth Trauma and Child Injury : Study on Young Patients' Safety in Hospitals Identifies Risk Factors

Fri, 18 Nov 2011 17:11:23 -0500

Florida medical negligence and medical malpractice attorneys often reference the landmark report To Err Is Human by the Institute of Medicine. That report and others released in the late 1990s brought attention to preventable medical errors that occurred in our nation's hospitals, clinics, and other healthcare facilities.

A few years after To Err Is Human was published, the journal Pediatrics published a study looking at infant and child patient safety in U.S. hospitals. The study, published in 2004, found that...

"…patient safety events for hospitalized children in 2000 occurred in high numbers and that these events have significant associations with increased LOS [length of stay], total charges, and risk of in-hospital mortality even after adjusting for patient severity of illness."

As experienced Fort Lauderdale FL child birth injury lawyers, we are aware of the risks of certain types of childbirth delivery situations. For example, some mothers are at greater risk for difficult delivery (e.g., those who are obese, have diabetes, are carrying large babies, and/or who have had difficult childbirth experiences in the past, including the need for Cesarean section birth). If the pediatrician, nurses, and other medical staff fail to apply the proper delivery techniques and care during childbirth, and/or if "excessive force" is used during delivery -- the baby can be born with serious birth injuries, including Erb's Palsy paralysis.

The Pediatrics study found that very young patients and those whose families rely on Medicaid insurance were vulnerable in regards to patient safety in hospitals. Birth trauma were among the events examined in the study, including vaginal birth with and without the aid of instrumentation (see our resources below for more discussion on birthing techniques and "difficult delivery"). The study also found that birth trauma…

…was less likely to occur at medical teaching institutions, as compared to institutions that did not employ residents (or institutions with less than the median number of residents per bed as compared to the national average), and

… was more likely to occur at medical facilities with lower nursing expertise compared to those with nurses who had greater expertise.

The study concluded that, "Patient safety problems for hospitalized children occur frequently and with substantial impacts to our health care industry." (See link to full study webpage, below.)

Having assisted mothers and families where babies were injured during childbirth in Florida, we are aware of the importance of proper medical techniques and practices to safely bring a child into the world. To learn more about child birth injuries in hospitals and clinics in the state of Florida, please visit our resource pages below.

Q&A with Fort Lauderdale, Florida Childbirth Injury Attorney Debi Chalik
Learn how shoulder dystocia injuries to infants can occur in Florida hospital delivery rooms, and how conditions such as Erb's palsy and brachial plexus palsy may result. Attorney Debi Chalik provides guidance on what to do if you think your baby was injured due to medical error in the state of Florida.

Fort Lauderdale and Miami, Florida Pediatric Injury Lawsuit Resources
Please visit our Birth Injuries webpage to learn about common types of birthing injuries, including those that may lead to Erb's palsy and brachial plexus paralysis problems. We also discuss elements of Florida state law that impact when an injured client may file a medical malpractice lawsuit in Florida.

Sources:

Pediatric Patient Safety in Hospitals: A National Picture in 2000
Pediatrics Vol. 113 No. 6 June 1, 2004, pp. 1741 -1746

To Err Is Human: Building a Safer Health Systems (PDF)
Institute of Medicine, Nov. 1999