South Florida Injury Attorney Blog

Hit and Run crash in Davie

Fri, 27 Apr 2012 16:45:15 -0500

There is never anything good about a hit and run crash where the end result was a death, an early morning crash in Davie lead to the death of an unidentified woman. See story below.

Sun Sentinel – Davie, FL -- A woman was killed in an early morning hit and run crash in Davie Thursday, the Florida Highway Patrol said.

Authorities are looking for a small, dark-colored SUV with heavy front-end damage that was involved in the crash and fled, Florida Highway Patrol Sgt. Mark Wysocky said.

The accident happened in the westbound lanes of Interstate 595 just west of Nob Hill Road shortly after 4 a.m.

The unidentified woman was ejected from her car and pronounced dead on scene, Wysocky said.

Three cars, including the SUV that left the scene, were involved, but FHP is still piecing together the sequence of events, he said.

Because of the crash and investigation, a westbound portion of I-595 was closed to motorists for about three hours Thursday morning.

As you can see up until the story was printed they were still doing investigations. To the family of this victim our sincere condolences go out to you and yours. Picking up the pieces after something as tragic as this is always hard for any family but it is necessary to ensure that your family receives the compensation that you rightly deserve.

In any wrongful death case the court may rule that the defendant be required to pay medical bills; funeral costs and the estimated future earnings of the deceased. In some cases I have seen the court also rule that they may also be liable for loss of services for things like household chores that would normally be performed by the deceased as well as loss of advice and companionship.

If you lost your loved one due to a wrongful death, you may be eligible to receive compensation under the law. Call us at 954-431-8100 or 305-624-9186 or contact us online for a FREE consultation. You can also visit us at any of our offices located in Broward and Miami-Dade.

Roof Collapses in Coral Springs

Wed, 25 Apr 2012 08:01:05 -0500

Coral Springs, FL (Sun Sentinel) - Roof collapses at AmTrust bank in Coral Springs earlier today.

There were no reports of injuries Monday afternoon when a large portion of an overhang collapsed at the drive-through area of a Coral Springs bank.

The incident happened about 12:30 p.m. at the Amtrust Bank branch at 3001 N. University Dr., said Capt. Mike Moser, spokesman for the Coral Springs Fire Department.

The falling overhang damaged the hood of a car in one of the adjacent drive-through lanes, Moser said.

It's unknown if the weekend's heavy rain had anything to do with the collapse. Moser said the city's building department would be inspecting the collapsed overhang.

No other area of the bank appeared to be affected by the collapse.

The outcome of this report could have been worse, with injuries to a bank customer using the drive thru at the time of the collapse.

In situations like this should you ever find yourself in one, you may be able to file premises liability against the bank or property owner but to ensure you have enough evidence to back your claim should you decide to file one for damages to yourself and your vehicle you should always keep the following to present to your legal counsel who should be an experienced attorney in premises liability:

1. Retain all records of Medical bills should you have been injured from the accident;

2. Get the police report for the incident;

3. Take photographs of the accident area and the immediate area;

4. Photographs of the damages to your vehicle and your person should you have any.

Once you have all of the above you should present to your Attorney who will review and ensure you receive the proper compensation that you deserve for your damages etc. Should you or a loved one become a victim of this type of accident, you should seek counsel from an experienced attorney in personal injury.

Sun bather run over by Life Guard

Mon, 16 Apr 2012 16:20:03 -0500

Lovely weather for the beach we had this weekend, but back to the grind. Monday news report in the Sun Sentinel – Sun Bather run over by Lifeguard. How safe is it on the beach?? We all know the water has its dangers but you would think that you would be safe on the beach except for the occasional sunburn. See the article on the North Carolina native, Ms. Mizelle who was visiting our sunny State for some sunshine.

Fort Lauderdale, FL (Sun Sentinel) – Sun Bather run over by Life Guard.

Rinda Mizelle was sunbathing on the beach in Fort Lauderdale, shorts shielding her face from the sun, when instantly she felt the weight of a lifeguard truck rolling across her body, she says.

Mizelle, a 49-year-old Charlotte, N.C., schoolteacher, screamed in agony.

"All I can tell you is that suddenly I was a human speed bump," she said Friday. "There were tires moving over my body. I could have easily died."

She was injured by a Fort Lauderdale Ocean Rescue truck about 3 p.m. Tuesday near a lifeguard tower at 800 Seabreeze Blvd., according to a police report. She was freed from underneath the truck by lifeguards, the report said.

Pending an investigation, the Ocean Rescue employee involved in the crash has been placed on administrative leave. Her name wasn't released Friday.

Mizelle was taken to Broward General Medical Center, where she was treated and released, according to fire-rescue spokesman Matt Little. She suffered minor injuries, officials said.

During a phone interview Friday, Mizelle disagreed with the city's description of her condition. Mizelle, who has returned home to North Carolina, is still tending to burns and cuts, as well as orthopedic and neurological injuries, she said.

"The left side of my body got it the worst," she said. "My right arm had to be stitched. We change my bandages twice a day."

Read more

As Ms. Mizelle’s Attorney stated in his interview the State of Florida has given sunbathers the right of way over all traffic on the beach, he also went on to state that within the last year there have been more injuries similar to Ms. Mizelle.

Should you or a loved one become a victim of injury, after seeking medical attention you should seek counsel from an experienced attorney in personal injury. As a Fort Lauderdale attorney we have represented victims that have been injured due to negligence by city officials or workers and been successful. As we have seen some cities have deadlines as to when you can file a claim, any experienced attorney would know to do their research with the city that the incident took place to ensure that you do not miss the date. In this case the victim lives out of state so in a matter like this I would advise my client to keep all records of injury; medical bills etc, and the report from the first responders on the scene should be kept. These records should be submitted to your Attorney to ensure that you have a strong case should you decide to file claim for your injuries.

Friday the 13th

Fri, 13 Apr 2012 17:40:36 -0500

On this day I'm going to keep this short and straight to the point. Friday the 13th already has its myths and legends that go along with it so I will keep a positive note on this one.

Driving through one of the cities out west that currently has a lot of road work being done, I noticed that bicycle lanes were added to the roadways and that is always positive to see. In Florida we have lots of cyclists on the roads these days and with the economy as bad as it is everyone is trying to save and cut costs somewhere. In downtown Fort Lauderdale I have seen the use of golf carts as a form of transportation in and around Las Olas and its immediate environs.

I advise anyone using these forms of transportation to get around make your safety and that of your passenger your first priority always. Too many times we have seen at our office victims of injury from bicycle and motor cycle accidents were in some cases proper safety gear was not worn. We cannot stress that proper safety gear be worn at all times, always ensure when your are bicycling or riding your motorcycle that you have on your helmet and reflective clothing so you can be identified by other users of the roadway.

I said this one will be short and extremely straight to the point ALWAYS WEAR PROTECTIVE CLOTHING when either bicycling or riding your bike. As always should your or your loved one be involved in any form of accident always seek legal counsel to ensure your are compensated for your inury and damages.

At the offices of Cohn & Smith, PA, our staff is ready and able to assist you to ensure your know your rights, contacts us online or via telephone 954 431 8100 or 305 305 624 9186 for your FREE consultation.

A breakdown of steps to follow Part 2

Wed, 11 Apr 2012 17:05:10 -0500

Continuing where we left off previously, here is the remainder of the steps that you should follow should you or your loved one be involved in any type of accident.

1. Make notes about the accident, damages to all vehicles involved. Get all auto registration and/or insurance information from the other driver and get witness contact information.

2. Be polite, but don't tell the other drivers or the police that the accident was your fault, even if you think it was. Do not accuse the other drivers of being at fault at this time. Do not spontaneously discuss your personal condition, mental frame of mind, or anything unrelated to the accident. Limit your discussion of the accident to the police and your insurance agent. Even if the facts are embarrassing or detrimental to you, be truthful.

3. If you have a camera, and it is safe to do so, photograph the accident scene.

4. If possible, do not leave the accident scene before the police officers and other drivers do.

5. If you get a call from the other driver’s insurance company asking for your version of what happened at the accident scene, politely decline to make a statement until you have consulted with a lawyer.

6. Consider contacting an attorney experienced in handling automobile accident cases.

As always we advise to seek legal counsel to ensure you know your rights and you get proper compensation for your injuries and damages that you may have incurred. We have offices conveniently located in Broward, Miami-Dade and West Palm Beach and has successfully represented seriously injured individuals throughout the cities of Broward County such as Sunrise, Plantation, Davie, Cooper City, Miramar, Pembroke Pines, Coral Springs, Weston, Tamarac and Margate. Contact our office for a free consultation at 954 431-8100 or 305 624-9186 or visit us online.

A breakdown of steps to follow Part 1

Mon, 09 Apr 2012 16:46:05 -0500

Living in South Florida certainly has its advantages the lovely weather and the beaches are the two main things not to mention the abundance of tourist attractions from night clubs to 5 star restaurants to parks for riding or if you are an avid health fanatic walking or jogging or, just spending time with good company and with perfect weather. So living in “So Flo” as it’s affectionately called can be considered GREAT but, then along with the good there is some bad.

Within recent times and on the news there have numerous accidents some ending in loss of life. At the Law Offices of Cohn & Smith we are specialized in all types’ accident-related cases, and with over 33years of experience we have put together a list of steps that I have separated into two blogs. Following these 11 steps we have listed below will assist your legal counsel in preparing a strong case on your behalf should you decide to file claim.

Below are some things we suggest you keep in mind if you or a family member is involved in an accident:

1. Stay as calm as possible. Check for injuries. If you really think your injuries warrant being taken by ambulance to the hospital, insist on it. Make sure to tell all of the doctors you see after the accident how your injuries occurred and that they resulted from your recent accident.

2. If the accident involves a significant collision and there are likely to be serious injuries, don’t move your vehicle unless its position puts you in danger or you are instructed to move it by a police officer.

3. Call the police, even if the accident is minor.

4. Notify your insurance agent about the accident immediately.

5. Don't sign any document unless it is for the police or your insurance agent.

Our offices are conveniently located in Broward, Miami-Dade and West Palm Beach. We have successfully represented injured individuals throughout the cities of Broward County such as Sunrise, Plantation, Davie, Cooper City, Miramar, Pembroke Pines, Coral Springs, Weston, Tamarac and Margate. Contact our office for a free consultation at 954 431-8100 or 305 624-9186 or visit us online.

Auto Injury Attorney do I need one??

Fri, 06 Apr 2012 15:50:05 -0500

In the news lately there have been lots of car accidents some have been the norm where one driver avoided another and got into an accident; there have been others involving school buses and basically just drivers not paying proper attention to the road, causing harm to other innocent drivers. I decided to review some commentary to ensure you have as much information as possible when choosing an attorney experienced in auto injury.

Having an attorney that is experienced car accident injury on your side will ensure that you get the settlement you deserve for your suffering and they will also ensure that the person responsible for your damages is held accountable for their irresponsible actions. A good vehicular accident attorney's understands that you deserve proper compensation and will make sure that your case is handled in a professionally so that you can be confident you will be heard and understood by the judge. They will be able to act quickly to ensure that you do not suffer while you wait for the case to reach its conclusion.

Medical costs can mount up quickly and a personal injury lawyer is well aware of this, and will make sure that your case is treated with the confidentially, with respect and in a timely manner. Once you secure the services of an experience auto injury attorney they will have a full plan for your case and review it with you so that you are confident about everything that will take place.

It is absolutely crucial that you move forward in filing your claim as soon as possible, as it is never wise to wait around. Your attorney needs to be on the case as soon as possible, as case preparation can be timely and you want to give him/her enough time to prepare and build a strong case on your behalf.

Attorney Alan Cohn has been representing car accident victims both in and out of the courtroom for years. His experience will help you recover for your injuries and get you back on your feet. Cohn & Smith PA have offices conveniently located in Broward, Miami-Dade and West Palm Beach and has successfully represented seriously injured individuals throughout the cities of Broward County such as Sunrise, Plantation, Davie, Cooper City, Miramar, Pembroke Pines, Coral Springs, Weston, Tamarac and Margate. Contact our office for a free consultation at 954 431-8100 or 305 624-9186 or visit us online.

Man in Fort Lauderdale receives serious burn injuries

Wed, 04 Apr 2012 15:45:05 -0500

Well the weekend has passed and we are almost through the week, it's "Wednesday HUMP Day". I found this article about a gentleman in his 80’s who received burns whilst repairing a battery on a docked boat, last month in Fort Lauderdale. The article states that the Fire Marshall will be investigating and that the owner of the property could not be reached for comment.

Fort Lauderdale, FL (Sun Sentinel) — A man in his 80s suffered severe burns Wednesday afternoon while repairing a docked boat, a fire official said.

The man was repairing an 18- to 20-foot vessel docked in the 500 block of Coconut Isle Drive, and an explosion involving a battery occurred about 2:45 p.m., according to Matt Little, spokesman for Fort Lauderdale Fire Rescue.

The cause of the explosion will be investigated by a Fire Marshal, Little said.

The man, who remained conscious after the explosion, was taken to Broward General Medical Center, Little said.

Little said he had no additional information about the incident. The man's latest condition was unavailable. Friends or relatives of the property owner couldn't be reached for comment despite a message left at a listed number.

There are lots of events in this article that any Experienced Attorney will see that the injured gentleman has grounds to file claim. First I would advise him to seek legal counsel from an experienced Personal Injury attorney who is also experienced in premises liability; workplace and boating accidents. He should then get all his medical reports and the accident from the First responders to present to his legal counsel along with his rehabilitation records. Once he has all this in place his attorney of choice would be able to advise him as to what his legal options are and how to proceed to ensure he gets the compensation that he rightfully deserves.

Should you or your loved one find yourself in a similar situation you should immediately contact my office as I am experienced attorney in personal injury and premises liability to ensure you know your legal rights and get the compensation you deserve. Contact us online or via telephone 954 431 8100 or 305 624 9186. We have offices located throughout Broward: Fort Lauderdale, Coral Springs, Pompano Beach, Hollywood, Pembroke Pines, Weston; and Miami-Dade: Aventura.

Do I really need a Motor cycle Accident Attorney? ... YES

Mon, 02 Apr 2012 14:05:09 -0500

As I am writing and posting blogs, whilst doing my research I stumble onto a lot of informative articles that I plan on using. I found this article totally informative as it encompassed valid reasons as to why you should hire an Attorney experienced in motor cycle accidents.

Please note I totally forgot save the source so please forgive me.

If you have had the misfortune of having been involved in a motorcycle accident then one thing you should do at the earliest opportunity is to contact a specialist attorney who can advise you on where you stand from a legal angle. It is important to get the right kind of advice in regards to this because they are the people who fully understand the ins and outs of how to successfully be awarded damages for injuries received.

It is always best to use a specialist when it comes to this kind of thing because they have spent the time really getting to know the various laws associated with this kind of incident so it does give you a better chance of winning your case. It would be virtually impossible for you to try and represent yourself with this so it is best to not even try it as it will just end up being a disaster.

If you do try to claim compensation or damages then it may be the case that the party you are claiming against shall try to offer you a small sum of money in the hope that you are satisfied with this initial offer. A good motorcycle accident lawyer shall be able to instantly know whether or not it is acceptable or them trying to escape by paying as little as possible whereas you would have no idea about what was fair or not.

The amount of damages you may qualify for does depend on several factors and it is only due to their experience that they understand how your injuries shall relate to a certain level of compensation. Of course they do also know just exactly how to argue your case in order to maximize the result you can possibly get.

A general lawyer is more likely to make a mess of things or they would be required to bring in a specialist to help them anyway which would of course end up costing you more. You can see how the best method is to therefore cut out this legal middleman and go straight to the specialist and also try to get them on a no win no fee basis.

When you are involved in this kind of incident it really is best to find the person who is going to represent you at the earliest possible opportunity. This is because the events are still very clear in your memory and in order to give you the best advice they need the facts to be as accurate as possible and not clouded by your mind.

There are a number of attorneys who can help you with this kind of case so at least there are options available to you when it comes to choosing someone. One thing that is very important however is to only use someone you feel completely at ease with because this does help in trusting their advice.

You can therefore see that if you have been involved in a motorcycle accident it is advisable to get the right legal advice from someone who fully understands these types of cases. Just make sure that you really do take your time in deciding who is going to represent you as it is best to try and use someone with experience in order to get the best possible end result.

We offer FREE consultations and my staff is always ready to answer any question you may have. Therefore, should you or your loved one find yourself in a similar situation you should immediately contact my office as I am experienced attorney in motor cycle accident injury to ensure you know your legal rights and get the compensation you deserve. Contact us online or via telephone 954 431 8100 or 305 624 9186. We have offices located throughout Broward: Fort Lauderdale, Coral Springs, Pompano Beach, Hollywood, Pembroke Pines, Weston; and Miami-Dade: Aventura.

More Bicycle Safety

Fri, 30 Mar 2012 07:01:02 -0500

In an earlier blog this month I mentioned that March is considered Bicycle month in South Florida. Just got a notification that the City of Coconut Creek with be hosting a Bicycle Safety event this weekend at Sabal Pines Park.

(Sun Sentinel, FL) The City of Coconut Creek Parks & Recreation Department, the Coconut Creek Police Department, Broward County Bike Patrol and Alex’s Bicycle Pro Shop are sponsoring “Let’s Move Bicycle Safety,” an event where kids can learn how to ride a bike and change a flat bicycle tire. The pro shop will have racing bikes on display and kids can meet a professional bike racer.

The event is from 11 a.m. to 1 p.m. on Saturday, March 31 at Sabal Pines Park, 5005 Northwest 39 Avenue. It’s free and no registration is required. For more information, call 954-956-1580 or visit www.coconutcreek.net/events.

As a Fort Lauderdale Attorney I have represented families of victims of bicycle accidents, recently I posted a blog about a 15year old what was involved in an accident in Davie whilst riding to school. I cannot begin to stress the Due Diligence that cyclist have to follow when sharing the roadways with vehicles or even in the parks with other cyclist, skateboarders, people running or walking.

1. PLEASE ALWAYS WEAR PROPER HEADGEAR /HELMET

2. Wear brightclothes - so you will be seen by other bicyclist; pedestrians; and road users;

3. Ensure your bicycle is outfitted with lights and reflectors;

4. Also just like when driving no texting the same applies for cyclist no texting and no use of headphones or headsets as you may be distracted and not be alert to the noises around you such as a car horn blowing;

5. Always wear the right clothing - pants with loose pant legs can get caught up in the bike chain; wear the correct shoes preferrable sneakers as other types of footwear will not grip the pedals. Barefoot riding is NOT an option.

As a Fort Lauderdale Personal Injury Attorney practicing this type of law for over 10 years, I have represented cyclist that have been the victims of reckless drivers on the road with success. I have ensured that their loved ones receive the compensation that they deserve. Should you or a loved one become a victim of personal injury please do not hesitate to contact our office for your free consultation via telephone 954 431 8100 or 305 624 9186 or online.

Bicyclist hit in Davie

Wed, 28 Mar 2012 12:00:04 -0500

Within the past couple days on the news there have been reports of hit and run accidents some involving bicyclists being hit by negligent drivers and mainly pedestrians on crosswalks etc. As an Attorney practising in Davie and its environs, I am experienced in these types on injuries whether it be personal injury; accidents involving cyclists; pedestrians or vehicular, I always advise my clients to seek legal counsel to ensure that you know your rights and you get the compensation you deserve. Below is a story from the Miami Herald involving the Davie Police Chief.

Davie, FL (Miami Herald) Police Chief Patrick Lynn was driving his unmarked car Wednesday morning when he hit a teenage boy riding a bicycle just yards from police headquarters.

Police did not ticket Lynn, 49, even though he was at fault in the accident, failing to yield right of way, the police report shows.

Frank Conner, 15, was riding his bike to school about 9:25 a.m. Wednesday when he was hit. Lynn was turning right onto Nob Hill Road when he collided with Conner, who was in the crosswalk heading south. Conner, who attends Indian Ridge Middle School, was not hurt.

Lynn declined to comment, but issued a statement through police spokesman Capt. Dale Engle.
"He is just grateful that no one was hurt," Engle said.

Following standard protocol, Lynn's accident will be reviewed by the police department's accident review board, Town Administrator Rick Lemack said.

Normally the chief would determine disciplinary action in an officer-involved crash based on the board's findings. In this case, Lemack will decide whether the chief should undergo training or face stiffer discipline.

"It doesn't matter whether he is a chief or Joe Officer on the street," Engle said. "We deal with everyone the same way. He faces administrative sanctions. He could lose his car or he could receive driving training."

Engle said a citizen who hit a bicyclist may not have gotten a ticket either.
"The officer can use his discretion and not write a ticket," Engle said. "The officer didn't witness the crash. It's not clear cut that John Q. Citizen would get a ticket in something like this."

Sandra Levine, the crash victim's sister and legal guardian, isn't so sure.

"I'm a little upset that the chief was at fault in the accident and didn't get a ticket," she said Thursday. "If I would have hit someone, I would have gotten a ticket. So because he's a police chief he doesn't get in trouble?" Read more…..

As you see from the story above the cyclist was rightly in the crosswalk when he was hit. The report stated that the light was red and the teenager had right of way. Luckily for all parties involved there were no serious injuries, but I would advise my client to still visit your Medical practitioner as with some accidents, "silent injuries" as we call them, may take a couple days to surface, but still should be documented to assist you should you decide to file claim.

Should you or a loved one be a victim of personal injury due to a negligent driver you should immediately seek legal counsel to ensure you know your rights. Contact our local office for your free consultation via telephone 954 431 8100 or 305 624 9186 or online.

Construction job injury

Mon, 26 Mar 2012 13:03:01 -0500

(Sun Sentinel, Fort Lauderdale, FL) A 39-year-old construction worker was recovering in the hospital Thursday after falling down an elevator shaft, according to Fort Lauderdale Fire Rescue.

It happened around 1:39 p.m., at 1980 Northwest 9th Avenue at Faith Farms, officials said.

Paramedics met with construction crew members who explained that one of their men fell to the bottom of an elevator shaft about six feet below ground. The construction worker had fallen from the second level onto steel bars in the pit, according to Fire Rescue spokesman Matt Little.

He was extricated, stabilized and taken to Broward General Medical Center. The injuries are not believed to be life-threatening, he said.

As a Fort Lauderdale Attorney practicing worker's compensation law for the past 10 years in South Florida, I have represented numerous families who have been victims of this type of personal injury. I would advise the family of the injured worker to keep all record of his injury in the form of pictures of his immediate injury with timeline showing his recovery; pictures of the job site and the exact location where the injury occurred; request a copy the accident report from the first responders whether it be the Fire Rescue or the Fort Lauderdale Police; also seeing that worker was taken to Broward General Hospital, his family should request copies of his medical reports should be kept, as this will assist his legal counsel in filing a strong worker's compensation claim should he decide to.

Should your or a loved one be a victim of personal injury accident requiring worker's compensation you should immediately seek legal counsel to ensure you get the compensation you deserve. Contact any of our offices located in : Fort Lauderdale, Weston; Coral Springs; Aventura; Pembroke Pines or Silver Lakes for your free consultation via telephone 954 431 8100 or 305 624 9186 or online.

When do you draw the line?

Fri, 23 Mar 2012 09:00:01 -0500

I read this article and it made me seriously concerned when I read it. I found this article in the Sun Sentinel…

Sun Sentinel, FL A man convicted six times of driving under the influence was charged with a seventh DUI offense, court officials said Tuesday.

Joseph Cascioli, 51, whose address was described as "at large" in Pompano Beach in a Broward Sheriff deputy's report, was arrested Monday outside the Briny Pub, 3440 E. Atlantic Blvd.

Cascioli was charged with having a third DUI offense within 10 years; driving on a permanently revoked driver's license; corruption by threat to a judge, resisting an officer without violence and DUI breath alcohol content greater than .15 after the 10:45 p.m. incident.
Cascioli kicked out a window frame of a patrol car door, an estimated $300 expense that also led to a criminal mischief charge, the deputy's report states.

In first appearance court Tuesday, Broward Judge John "Jay" Hurley ordered a $128,100 bond for Cascioli, who was still in jail as of 6 p.m. "The court believes you represent an extreme danger to the people of Broward County," Hurley said.

In 2003, Cascioli began a 20-month sentence in state prison for a third felony DUI conviction, followed by probation. Assistant State Attorney Melissa Steinberg prosecuted Cascioli in that case, which she said was won without his performing a breath test. Repeat offenders know that not having breath test results makes it more difficult for prosecutors to prove cases, she said. But, she said, the state legislature has steadily increased penalties and passed the "refusal statute."

"Now if you have previously refused a breath test, and are charged again and refuse, that's another crime the person is charged with," Steinberg said. Cascioli "is not legally able to drive," Steinberg said. "He doesn't have a driver's license anymore. He can't register a car in his name. His privilege was permanently revoked."

Over Age Drivers in South Florida

Wed, 21 Mar 2012 09:00:01 -0500

Interesting article for your reading that I found in the Sun Sentinel. I touched on this prior at the end of the year and its what I call "Good Parking Lot" practices for drivers and pedestrians on how to avoid injury. This story is exactly what I spoke about in that previous blog.

Drivers age 80 and older in Florida don't have to take a driving test when they renew their licenses. But should they?

Two fatal accidents over the weekend may re-ignite the debate over whether the state should require older drivers to be retested and recertified in order to continue driving. A 78-year-old woman was killed Sunday when she was backed into and run over by an 89-year-old driver at a Delray Beach Walmart. In Deerfield Beach, a woman was backed over and dragged across a church lawn by an 88-year-old driver.

In the Delray Beach accident, Anita Lobel, who lived in the nearby Polo Club of Boca Raton, was walking out of the store, 16205 S. Military Trail, Sunday afternoon after returning an item, when a Mercury sedan backed up over her, her son and authorities said. The driver was 89-year-old Mary Goldberg of Delray Beach, according to Delray Beach police.

Evan Lobel, of Westchester, N.Y., said police called him around 4 p.m. about his mother's accident.

Florida consistently has high rates of senior crash deaths, mainly because it has a lot of seniors. State statistics show that 442 crash fatalities of all ages involved drivers age 65 and older in 2010, or about 15 percent of all fatal crashes.

Anne McCartt, Senior Vice President for research at the Insurance Institute for Highway Safety, said one recent study suggested that requiring older seniors to renew licenses in person might cut accident rates. "But with a lot of other things, including eye tests, there is mixed evidence as to whether these measures reduce crashes," McCartt said.

In 2010, the most recent year for which statistics are available, drivers 80 and older in Florida had crash rates lower than drivers aged 15 to 34.

Data is particularly sketchy on whether road testing predicts which seniors will crash. Only Illinois now requires it. Nine other states have seniors renew in person, beginning from 69 to 75 years old. Seventeen states have no age-based licensing requirements. One of every five drivers in the Sunshine State is 65 or older, a ratio that will continue to increase as the Baby boomers age, state safety experts say. Florida has 2.75 million drivers in that age category, the second-highest in the nation. California is first, with 3.1 million drivers age 65-plus. Read more….

Situations like these where there are fatalities are considered wrongful death and the people responsible for these accidents can be held accountable. As a Fort Lauderdale attorney experienced in these types of cases I would advise that you contact our office to seek legal counsel and to ensure that your loved ones get the compensation that they rightly deserve. Contact us online or via telephone 954 431 8100 or 305 624 9186 for your FREE consultation.

Wrongful Death of Teenager - Part 2

Mon, 19 Mar 2012 15:40:01 -0500

In my earlier blog this week I posted the "Stand Your Ground" statue for you to read and get a better understanding of the law. I also made reference to the Trayvon Martin wrongful death shooting in Sanford, Florida, where he was shot and killed by the Neighborhood Watch Captain of his dad's gated community.

Initial reports were that Trayvon went to the store to get snacks for his little brother and was running back to his dad's condo when he was approached and fired upon by the Watch Captain. He was killed on the scene; in his possession he had a pack of Skittles an Iced Tea and some money.

The 2011 Florida Statutes

Chapter 776 JUSTIFIABLE USE OF FORCE cont'd

776.013 Home protection; use of deadly force; presumption of fear of death or great bodily harm.—

(3) A person who is not engaged in an unlawful activity and who is attacked in any other place where he or she has a right to be has no duty to retreat and has the right to stand his or her ground and meet force with force, including deadly force if he or she reasonably believes it is necessary to do so to prevent death or great bodily harm to himself or herself or another or to prevent the commission of a forcible felony.

(4) A person who unlawfully and by force enters or attempts to enter a person’s dwelling, residence, or occupied vehicle is presumed to be doing so with the intent to commit an unlawful act involving force or violence.

(5) As used in this section, the term:

(a) “Dwelling” means a building or conveyance of any kind, including any attached porch, whether the building or conveyance is temporary or permanent, mobile or immobile, which has a roof over it, including a tent, and is designed to be occupied by people lodging therein at night.

(b) “Residence” means a dwelling in which a person resides either temporarily or permanently or is visiting as an invited guest.

(c) “Vehicle” means a conveyance of any kind, whether or not motorized, which is designed to transport people or property.

This is the last of the Statue, I hope you have an understanding of the law now. After listening to all the reports and reading the law does it pertain to this case Trayvon Martin and the action taken by the Neighborhood Watch Captain was it really warranted? This case I will continue to follow, as every day there are new developments.

As Attorney practicing in Fort Lauderdale for over 10 years, I have represented cases of wrongful death and personal injury with success. I have ensured that their loved ones get closure and justice is served on behalf of their loved ones. Should you or a loved one be a victim of wrongful death please do not hesitate to contact any of our offices located in Fort Lauderdale; Weston; Pembroke Pines; Silver Lakes; Aventura; Coral Springs and Davie for your free consultation via telephone 954 431 8100 or 305 624 9186 or online.