South Florida Injury Lawyers Blog

Drowsy driving a cause of car accidents throughout South Florida, including West Palm and Fort Lauderdale

Fri, 30 Jul 2010 08:51:29 -0500

Drowsy driving is the cause of a significant number of Palm Beach car accidents and traffic accidents throughout South Florida. In fact, the National Highway Traffic Safety Administration estimated at least 100,000 traffic accidents are the direct result of fatigued driving each year.

The government estimates these crashes lead to more than 1,550 traffic deaths and 71,000 injuries each year, though any accurate estimate is difficult for a number of reasons, including lack of reporting requirements. In countries with better reporting, including England and Australia, drowsy driving is responsible for as many as 30 percent of all crashes.

Our Palm Beach injury lawyers encourage drivers to remain aware of the dangers of driving while tired and urge you to follow the necessary safety precautions while behind the wheel.

The National Sleep Foundation provides the following information for motorists:

Scope: Sixty percent of drivers, or about 168 million people, admit to driving while drowsy within the last year. One-third acknowledge having fallen asleep while behind the wheel.

At Risk: The most at-risk drivers are those ages 18 to 29. Men are more likely to drive while drowsy than women and are almost twice as likely to fall asleep at the wheel. Shift workers are also at high risk, as well as those who sleep less than 6-7 hours a night. Impaired drivers and drivers with sleeping disorders are also at increased risk of falling asleep behind the wheel.

Other Drowsy Driving Facts:

-Drivers who are drowsy are more likely to experienced stress, get impatient or drive faster.

-Only about 1 in 5 drivers admitted to pulling over when experiencing sleepiness while behind the wheel.

-Drivers tend to fall asleep more on high-speed, long, boring, rural highways.

-Most accidents or near-accidents occur between 4 and 6 a.m. Midnight to 4 a.m. are also peak times.

-One-quarter of adults say they know someone who has crashed while falling asleep at the wheel.

Florida nursing home abuse and neglect cases are a tragically common occurrence

Wed, 28 Jul 2010 15:43:16 -0500

State officials are planning to force the closure of an Arlington, Florida nursing home after alleging a number of serious violations, including a finding that the facility allowed residents to harm each other, the Florida Times-Union reported.

It is the latest disturbing news from Florida's troubled nursing home system. Our Fort Lauderdale nursing home neglect lawyers and Palm Beach elder abuse attorneys were disheartened by the passing of a recent measure that will permit nursing assistants to provide less care to patients.

The minimum-care hours were put in place as part of an agreement that limited a patient's ability to collect damages in some cases. The industry successfully fought to reduce the care limits. The lawsuit limits remain in place. (Be sure to thank your lawmaker).

In this case, the Agency for Health Care Administration revoked the license of Glenwood Nursing Center and gave it until next month to relocate its 107 residents. The agency alleges a host of abuse and neglect issues due to a lack of monitoring. The facility has been sued for the death and rape of residents.

In other Florida nursing home news, a Polk County jury has awarded a $114 million verdict in a nursing home abuse case that resulted in the death of an elderly woman. The 76-year-old woman fell within two weeks of being admitted. She suffered head trauma, a broken arm and other injuries from which she never recovered.

Those considering a Florida nursing home can find a ranking system on the federal nursing home comparison website.

We encourage you to do your homework when selecting a Florida nursing home. Over half of all nursing homes are part of a large chain corporation operating for-profit companies. Choosing the proper home and monitoring the condition and well-being of a relative is crucial. Anyone who has concerns about the conditions of a local nursing home or who suspects a case of nursing home neglect and abuse, should consult an attorney. It is the responsibility of each of us to police the system and insure the care and dignity of our vulnerable older adults.

State has no law aimed at reducing Florida car accidents caused by distracted driving; but travelers beware

Fri, 23 Jul 2010 15:14:33 -0500

Planning a road trip this summer? Then don't forget to pack a list of state and local regulations regarding text messaging and using a cell phone while behind the wheel. Currently, Florida and South Carolina are the only two states without laws aimed at reducing the dangers of traffic accidents caused by text messaging and cell phone use.

Our Port St. Lucie injury lawyers urge drivers considering a summer road trip to know the rules of the road. And we remind you that the best way to ensure compliance with whatever law happens to be in effect -- as well as the safety of you and your passengers -- is to refrain from text messaging or using a cell phone while driving.

MSNBC reports that the patchwork of laws enacted in recent years will leave those on a road trip open to fines ranging from $20 to $150. In every case, knowledge of the law is the motorist's responsibility.

“Drivers are still responsible for knowing the cell phone laws that apply in each state," said AAA spokesperson Nancy White.

In some states, motorists may be subjected to more than one law. For example, Illinois outlaws text messaging while driving but the City of Chicago prohibits all use of hand-held cell phones.

Florida is one of the only states -- perhaps the only state -- that has both failed to pass a distracted driving law and passed legislation prohibiting city and county governments from enacting their own safety measures.

The Governors Highway Safety Association provides a comprehensive list of distracted driving laws in each state:

-Eight states ban the use of hand-held cell phones: California, Connecticut, Delaware, Maryland, New Jersey, New York, Oregon and Washington.

-Twenty-eight states ban the use of cell phones by young drivers.

-Thirty states ban text messaging while driving.

The National Highway Traffic Safety Administration reports that 6,000 people are killed and more than 500,000 are injured in distracted driving accidents each year. Cell phone use and text messaging are responsible for a large number of the crashes. Other forms of distracted driving include eating, drinking, smoking, talking to passengers, grooming, applying makeup, reading or using in-car electronics.

Florida motorcycle accidents decline, riders still at high risk in Miami, Fort Lauderdale, West Palm

Thu, 22 Jul 2010 14:47:27 -0500

Motorcycle crashes declined dramatically in Broward and Palm Beach counties last year, a drop that state officials credit to safety training and driver awareness campaigns, according to the Fort Lauderdale Sun-Sentinel.

Our Palm Beach injury lawyers and Fort Lauderdale motorcycle accident attorneys hesitate to celebrate. Certainly news that 126 fewer people were killed in Florida motorcycle accidents during 2009 is excellent news. But the fact remains that 376 motorcycle riders were killed, representing about 1 in every 7 of the state's 2,563 fatal traffic crashes. And, when the National Highway Traffic Safety Administration releases national figures in the coming weeks, Florida will likely once again join California as the nation's most dangerous states for motorcycle riding.

We won't let that keep us from celebrating the good news. But we urge South Florida riders -- and particularly new riders -- to keep the decline in perspective. Per mile traveled, motorcycle riders are 37 times more likely to die in a crash than the occupant of a passenger car. The majority of those accidents are the fault of another driver, usually someone who fails to yield the right of way.

Motorcycle deaths declined 24 percent across Florida last year, after more than a decade of steep increases, according to 2009 crash statistics released by the Florida Department of Highway Safety and Motor Vehicles.

Broward County fatal motorcycle accidents declined by 38 percent. In Palm Beach County, fatal motorcycle crashes declined by 47 percent.

Florida began a major push to increase motorcycle safety in 2008, after reporting that motorcycle accidents were responsible for 18 percent of the state's traffic fatalities, despite making up just 6 percent of its traffic.

While the number of riders seriously injured in motorcycle accidents also declined, the state reports that more than 7,400 riders were seriously hurt as the result of a motorcycle crash in Florida last year.

Fort Lauderdale trucking accident case illustrates importance of consulting an injury lawyer before signing insurance documents

Tue, 20 Jul 2010 12:26:52 -0500

The Florida Court of Appeals overturned a trial court's ruling in a Fort Lauderdale trucking accident case in which an insurance company attempted to use a signed "Property Damage" waiver to reject a personal injury claim.

This case illustrates the importance of consulting a Fort Lauderdale injury lawyer as soon as possible after an accident. Insurance companies frequently present checks and paperwork for injury victims to sign in an effort to limit the company's exposure to claims resulting from an accident. The more serious the injury, the more likely an insurance company will move aggressively to protect itself.

Please don't sign anything after an accident -- even paperwork presented by your own insurance company. We offer free appointments to accident victims throughout the Fort Lauderdale, West Palm Beach and St. Lucie - Fort Pierce areas and will meet with you in a timely manner to discuss your rights.

In this case, a motorist signed a "Property Damage Release" after being rear-ended by a semi in January 2005. The trucking company's insurance provider asked the victim to sign the release in order to obtain a check for $8,009.73 to pay for damages to his vehicle. He continued to negotiate on his personal injury claim and ultimately filed a personal injury lawsuit.

The trucking company moved to have the lawsuit dismissed based on language in the signed waiver that stated the victim released the company "from any and all claims, causes of actions, demands, rights, damages, costs, loss of service, expenses and compensation whatsoever ... (including) foreseen and unforeseen bodily and property damage."

The trial court granted a request by the trucking company's insurance provider to dismiss the personal injury lawsuit based on the signed waiver. The Court of Appeals found that, while the language was clear, the title "Property Damage Waiver" was misleading. Additionally, exceptions allow for consideration of other facts beyond a document's wording when it is alleged that the document was executed by mistake or that fraud or misrepresentation was involved.

While the Appeals Court reversed the trial court's decision, it simply returned the issue to the trial court for additional arguments regarding the merits of the release. More than 5 years after the accident, the victims are still no closer to being compensated for injuries, medical bills, lost wages and other damages that resulted from being rear-ended by a semi.

Palm Beach injury lawyers remind parents to keep firearms secured

Fri, 16 Jul 2010 12:55:58 -0500

A 14-year-old Hollywood boy avoided a possible 30-year prison sentence after pleading no contest to a manslaughter charge for shooting his best friend in the head with his mother's gun. The Palm Beach Post reported that the teen was sentenced to a rehabilitation program and could be released in nine months.

These are tragic cases. A Palm Beach child injury attorney can assist families in cases where a child is seriously injured or killed at a friend's house or on someone else's property, including a church, school or daycare center. Dog attacks and swimming pool accidents are frequent causes of child injury. But, tragically, the failure of families to safely store and maintain firearms continues to lead to serious or fatal accidents involving children.

The April 28 shooting death of the 13-year-old boy involved a 9 mm pistol belonging to the defendant's mother. She faces a charge of culpable negligence and the judge has entered a not guilty plea on her behalf while she finds legal representation.

These cases are a tragically common occurrence in Florida:

-In June, a 2-year-old boy apparently shot himself after a man visiting the child's mother left a loaded handgun on a bed. The man reportedly worked as a security guard, according to ABC7.

-In January, the Fort Myers News-Press reported the case of a 2-year-old boy who shot himself while visiting grandma's house.

-In December 2008, a Cape Coral teenager reportedly made up a story about a break-in by armed burglars after shooting another boy in his home. The father in that case was also charged with culpable negligence.

The University of Michigan reports that 9 children a day are killed by handguns, including hundreds who die each year as a result of accidental shootings.

Safety advocates recommend the following safety measures:

-Keep the gun locked
-Keep the gun unloaded
-Store the ammunition locked
-Store ammunition in a separate place
-Hide keys to firearm and ammunition boxes
-Only parents should know the location of firearms in the home
-Check with local police for additional advice
-Never leave a gun unattended
-Teach children about the dangers of guns
-Talk to children about the risks of gun injury outside the home, including the homes of friends

Fourth of July continues trend of safer Florida roads; reducing South Florida car accidents a goal through remainder of summer

Wed, 14 Jul 2010 05:26:43 -0500

Sixteen motorists were killed over the Fourth of July Holiday, according to the Florida Department of Highway Safety and Motor Vehicles, which reported that authorities issued almost 10,000 citations.

As our Port St. Lucie injury lawyers and Fort Pierce accident attorneys reported just before the holiday, a total of 30 motorists were killed in Florida traffic accidents during last year's Fourth of July celebration.

Holiday enforcement effort:
-Total Citations: 9.334
-DUI Arrests: 100
-Speeding: 3,404
-Seat belt tickets: 1,102
-Motorist assists: 2,686
-Fatalities: 16

Drunk driving and speeding are the two primary factors in serious and fatal accidents. The National Highway Traffic Safety Administration reports that two-thirds of all fatal traffic accidents involve either alcohol or speed.

As we reported on our South Florida Injury Lawyers Blog, just-released data show the fatal accident rate in Florida fell to an all-time low last year. As South Florida heads toward Labor Day and the winter tourist season, authorities are urging drivers to practice safe driving habits and help reduce the risk of serious or fatal traffic accidents.

“The Florida Highway Patrol works hard to ensure residents and visitors make it safely to their destinations,” said Col. John Czernis. “For us, that means putting additional troopers on the roadways to deter and to stop motorists who drive illegally and without regard to others’ safety. FHP does not tolerate risky behavior, such as drinking and driving, and neither should you."

Motorists who are concerned about an unsafe driver on the highway can contact the highway patrol by dialing *FHP (*347).

Fewer fatalities but high number of injury accidents reported in Miami-Dade, Broward, Palm Beach and St. Lucie counties

Mon, 12 Jul 2010 11:23:00 -0500

Our West Palm Beach injury lawyers continue to look at the accident data recently released by the Florida Department of Highway Safety and Motor Vehicles.

As we reported on our South Florida Injury Lawyers Blog, fatal Florida traffic accidents reached a new low in 2009, claiming 2,563 lives compared to the 2,983 motorists killed on the road in 2008.

But just looking at the number of fatal accidents tells only part of the story. More than 100 motorists were seriously injured for every motorist killed in a Florida car accident. And, while the number of fatal accident decreased by 14 percent, the overall number of accidents dropped slightly in many areas. And the number of St. Lucie car accidents actually increased.

Florida traffic accidents by county:

Broward County traffic accidents: 25,957 in 2009 compared to 26,417 in 2008.

Miami-Dade County traffic accidents: 42,244 in 2009 compared to 43,376 in 2008.

Palm Beach County traffic accidents: 13,398 in 2009 compared to 13,831 in 2008.

St. Lucie County traffic accidents: 2,336 in 2009 compared to 2,288 in 2008.

An injury lawyer in Miami-Dade, Broward, Palm Beach or St. Lucie counties should be consulted when a motorist is involved in a car accident. An experienced accident attorney handles traffic crashes everyday and can assist motorists in determining their rights after a crash. Frequently, medical or legal complications may arise that a motorist would never consider when determining what to do in the wake of an accident. And injuries sustained in a collision may take months or even years to develop. Failure to protect yourself after a crash can impact your ability to collect damages if future medical consequences arise.

No flagman present at fatal highway construction zone car accident in Stuart

Sat, 10 Jul 2010 11:03:33 -0500

A flagman was not present at a construction site where three teenagers were killed in a Stuart car accident after colliding with a front-end loader, TCPalm reported.

The information was included this week when the State Attorney's Office finally released data about the Aug. 4 accident that killed three teenage boys in a Jeep Cherokee. The traffic homicide investigation by the Florida Highway Patrol reported that no flagman was present to warn oncoming traffic about the presence of the loader in the roadway.

Troopers had previously reported that all three teenagers were believed to be intoxicated and that the 18-year-old driver had a blood-alcohol level of .251, more than three times the legal limit.

Authorities have determined the operator of the front-end loader had no drugs or alcohol in his system. The operator worked for Sheltra and Son Construction of Indiantown, which was widening Cove Road west of U.S. 1. The front-end loader had dropped a load of dirt on the south shoulder of the road and was stopped in the eastbound lane at the time of the crash.

Troopers who questioned the work crew were told the front-end loader was not required to have a flagman. However, the company was cited by the Occupational Safety and Health Administration for four "serious violations" at the work site. Those citations were for hazards workers were exposed to and were not related to the accident.

Accidents at road construction sites are a common occurrence in Florida, as are accidents anywhere that the normal flow of traffic is interrupted. The fact that these teenagers were reportedly under the influence at the time of the crash certainly complicates matters. But it does not mean their families would not have a wrongful death case against the construction company. If a 40,000 pound piece of machinery had not been parked in the middle of a dark road, the kids may well have made it home safe to their families. A Port St. Lucie injury lawyer should always be contacted when a motorist is seriously injured or killed in a car accidents at a highway construction zone.

Florida railroad crossing accidents a frequent tragedy; state ordered to improve safety

Fri, 09 Jul 2010 10:22:24 -0500

Florida has been ordered to improve safety at railroad crossings as the number of Florida train accidents ranks the state among the 10 worst in the nation, the Federal Railroad Administration reports.

The states targeted are Florida, Alabama, California, Georgia, Illinois, Indiana, Iowa, Louisiana, Ohio and Texas. Nearly 4,200 crossing accidents occurred in those states from 2006-2008, or just over half of the railroad crossing accidents that occurred nationwide.

Florida railroad accidents killed 29 people in 2009. Nationwide, about 14,000 train accidents occur each year, claiming more than 875 lives and injuring about 10,000 motorists. Each year, Florida train accidents kill an average of 45 people and injure more than 200.

More than 100 accidents occur each year at Florida railroad crossings, according to federal statistics. And the Florida Highway Patrol reports those figures are much higher. The patrol reports almost 3,000 crossing accidents occurred in 2006, killing 362 people and seriously injuring 999.

Some states argued the mandate to target states with the most railroad crossing accidents did not take into account the number of crossings or the amount of traffic and that a better measure would have been to target state with the most accidents per-vehicle traveling through railroad crossing. The Railroad Administration rejected that approach.

The states must submit a plan by August 2011, detailing how problems will be identified and solved at crossings. Solutions could include adding lights to crossings with gates, closing crossings, or building bridges over tracks.

South Florida injury attorneys to examine new data regarding Florida traffic fatalities in 2009

Mon, 05 Jul 2010 12:43:12 -0500

The Florida Department of Highway Safety has just released a comprehensive look at 2009 traffic safety and this is the first in a series of posts by the South Florida injury lawyers at Freeman & Mallard.

We believe taking a comprehensive look at the data will allow motorists to avoid car accidents in Port St. Lucie, Fort Pierce, Fort Lauderdale, West Palm and the surrounding areas. Knowledge is power and knowing where, when and why accidents are happening can be a powerful tool to help keep you and your family safe on the road.

The good news for motorists is that fatal crashes in Florida dropped to the lowest rate on record last year. The number of fatal accidents decreased 14 percent to 2,563 from the 2,983 fatal crashes reported in 2008.

As the Sun-Sentinel reported, fatal Palm Beach car accidents were down 30 percent, from 198 in 2008 to 151 last year. Fatal Broward County car accidents dropped 20 percent, from 228 to 189.

"While multiple factors influence the numbers, the declining trends are a testament to the emphasis that law enforcement agencies, safety advocates and businesses have placed on saving lives on our roadways," said DHSMV Executive Director Julie L. Jones.

Most advocates cite less traffic and travel amid the downturn in the economy as the primary reason for the reduction.

Other highlights include:

-Alcohol related traffic fatalities declined 14 percent, from 1,169 deaths to 1,004. Note that those statistics still indicate that drunk driving is responsible for more than one-third of all fatal Florida traffic accidents.

-Fatal Florida motorcycle accidents declined by 24 percent, from 532 to 402.

-Fatal Florida bicycle accidents dropped 15 percent, from 118 to 100.

-Pedestrian fatalities in Florida decreased slightly, from 502 to 482.

-Fatal Florida accidents involving teenagers dropped by more than 20 percent, from 193 to 153.

In coming posts, we will take a more in-depth look at these statistics and see what can be learned by motorists that will help keep them safer on the road. Please check back often for updates.

Fort Lauderdale car accidents a danger over Fourth of July Holiday

Fri, 02 Jul 2010 12:18:01 -0500

Authorities will be out in force over the Fourth of July weekend, looking for drunk drivers and other dangerous motorists in an effort to reduce Fort Lauderdale car accidents and serious and fatal traffic accidents throughout South Florida.

While New Year's frequently gets most of the attention when it comes to drunk driving and dangerous travel, the truth of the matter is that Thanksgiving and the Fourth of July have been the deadliest holidays on the nation's roads in recent years, according to the National Highway Traffic Safety Administration.

Our Fort Lauderdale injury lawyers urge motorists to drive responsibly and allow extra time to reach their destination. Traffic is expected to be heavy throughout the Fort Lauderdale, West Palm and St. Lucie/Fort Pierce areas.

Nationwide fatal holiday traffic accidents in 2008:

New Year's: 104

Memorial Day: 370

Fourth of July: 437

Labor Day: 423

Thanksgiving: 439

Christmas: 364

New Year's Eve: 37

Fatal Florida car accidents occurred most frequently on Thanksgiving and New Years in 2009. But Fourth of July proved third-deadliest, with 30 fatalities. More than half (17) involved alcohol, according to new statistics just released by the Florida Department of Highway Safety.

2009 fatal holiday traffic accidents in Florida:

New Year's: 34

Memorial Day: 22

Fourth of July: 30

Labor Day: 23

Thanksgiving: 36

Christmas: 28

AAA South has announced a "Tow to Go" program through the holiday weekend. Available Friday through Monday, the program offers rides and tows home from bars or restaurants to members and nonmembers alike.

"No one intends to be a drunk driver, it just happens, whether they've had way too many drinks or just one too many," said Ed Schatzman, senior vice president, Automotive Services, AAA Auto Club South. "Call volume steadily increases every Independence Day weekend and we are happy to get as many drunk drivers off the road as possible so everyone on the road can get home safely to their families."

Those in need of a ride can call 1-800-AAA-HELP.

AAA also encourages motorists to:

-Select a designated driver before going out to celebrate with friends.

-Program the numbers for several cab companies into your cell phone.

-Always keep some extra cash for a cab ride when you need it.

Palm Beach injury attorneys wish you a safe and enjoyable Fourth of July

Thu, 01 Jul 2010 11:47:07 -0500

The Palm Beach injury lawyers at Freeman & Mallard wish everyone a safe and enjoyable Fourth of July holiday. Please celebrate responsibly, don't drink and drive, practice safe driving habits on the road and on the water, and leave the fireworks to the professionals.

The threat of being injured by fireworks is very real. In 2006, 11 people were killed and more than 9,200 were treated in emergency rooms for fireworks-related injuries, according to the Centers for Disease Control and Prevention.

On Wednesday, the Fort Lauderdale Sun-Sentinel reported that rockets sold at fireworks stands in Florida and three other states are being recalled because they are overloaded with explosives. Anyone injured by a defective product in South Florida, including fireworks, should seek the advice of a qualified injury attorney about recovering damages from the manufacturer. In other cases, a Florida premise liability claim could result when guests are injured at a fireworks display.

Fireworks retailers may also be held liable in cases where a consumer is injured by high-grade professional fireworks that are inappropriately sold to a novice user. More than one-third of fireworks injuries involve professional-grade fireworks in the hands of consumers and the Fourth of July is, not surprisingly, the most common time of year for serious fireworks injuries.

More than two-thirds of all fireworks injuries occur around the Fourth of July holiday and children are the frequent victims. One-third of injuries occur to children under the age of 15 and nearly half occur to young people under the age of 20. The most frequent fireworks injuries involve the hands and eyes as well as the head, face and ears. Firecrackers cause the greatest number of injuries, followed by sparklers and rockets.

Fireworks injuries are associated with blindness, third-degree burns and foreign objects in the eyes, as well as scarring and the serious threat of deadly vehicle or house fires.

The most frequent causes of fireworks injuries include the availability of high-grade fireworks to consumers, being too close to fireworks, operator error, child curiosity and experimentation with homemade devices.

The Consumer Product Safety Commission provides the following safety tips for fireworks:

-Keep fireworks out of the hands of children.

-Older children should only handle approved fireworks, including sparklers, under adult supervision.

-Light fireworks outdoors, away from the house and away from dry leaves, grass or other flammable material.

-Keep a bucket of water nearby and pour it on fireworks that do not go off.

-Never try to relight or handle malfunctioning fireworks.

-Be sure other people are out of range before lighting fireworks.

-Never light fireworks in a container.

-Keep unused fireworks safe, both while lighting fireworks and while storing.

-Store fireworks in a cool, dry place and check for special storing instructions.

-Observe local laws.

-Never have any portion of your body directly over a fireworks while lighting.

-Don't experiment with homemade fireworks.

Fort Lauderdale dog attack a reminder of owner liability in South Florida dog bite cases

Tue, 29 Jun 2010 09:23:47 -0500

The recent injury of a woman in a Fort Lauderdale dog attack has brought the rules and liability of dog ownership into the news. The Miami Herald reports that the woman was attacked by two pit bulls and a Rottweiler in front of a Fort Lauderdale church.

Dog attacks are a startlingly common occurrence: 4.5 million people will be bitten by a dog this year, or about 1 of every 60 U.S. residents, according to the Centers for Disease Control and Prevention. Nearly a million victims will require medical attention and more than 30,000 will undergo reconstructive surgery. Tragically, children are the frequent victims, with kids ages 5 to 9 at the highest risk of being bitten by a dog.

In this case, the 44-year-old woman was walking in the 1100 block of North Andrews Avenue when the dogs ran out of a nearby yard -- through a gate that had been left open. Passersby came to the woman's rescue and were able to prevent the dogs from attacking her further.

Florida is a strict liability state, meaning an owner is liable for damages in a dog bite case, regardless of whether the dog has a history of aggression or the owner knew of its propensity to bite. However, negligence on the part of the victim can reduce the liability of a dog owner in direct proportion to a victim's responsibility for the incident. It is important to note that under Florida law a child under 6 has been legally determined to be incapable of committing negligence under the dog bite law -- meaning no actions of a small child can lessen an owner's liability in the event of an attack.

Legal grounds for damages include common law liability, negligence, negligence per se and intentional injury. Negligence per se deals with an owner's violation of a law or statute, such as a local leash law enacted to protect the public.

Our Fort Lauderdale injury lawyers understand that a dog attack frequently involves a beloved pet or the pet of a neighbor or family friend. In such cases, we can work in as amicable a manner as possible to file a claim against a homeowner's insurance policy. But it is important for parents and the victims of dog bites to understand the importance of formally filing a claim. Injuries from a dog bite can be very serious and can include scaring, infection and fear and other emotional issues, particularly in older adults or young children.

Fatal Fort Lauderdale scooter accident reportedly caused by careless motorist

Fri, 25 Jun 2010 08:39:10 -0500

A Fort Lauderdale scooter accident claimed the life of a rider on Tuesday night when a Jeep Grand Cherokee reportedly collided with the scooter while making a left turn at an intersection, the Sun-Sentinel reported.

The accident happened about 8:30 p.m. at the intersection of Davie Boulevard and Southeast Third Avenue. The 2010 Jeep was making a left turn onto Third when it collided with the 2008 KNRO Scooter, which was westbound on Davie Boulevard. The rider was pronounced dead at Broward General Medical Center.

Scooter and motorcycle accidents are a common danger in the Fort Lauderdale area and throughout Florida. As we reported recently on our South Florida Injury Lawyers Blog, more fatal motorcycle accidents occur in California and Florida than anywhere else in the nation. In 2008, a total of 523 riders were killed in Florida accidents, according to the National Highway Traffic Safety Administration.

Federal statistics show that more than half of all accidents are caused by motorists. Frequent causes include a motorist turning in front of a rider or failing to yield the right-of-way. Rider inexperience is another common cause and anyone injured on a rented motorcycle or scooter should contact a Fort Lauderdale injury lawyer to discuss their rights.

MotorWorks offers the following scooter safety tips:

-Wear bright reflective clothing and a helmet.

-Avoid riding in another motorist's blind spot.

-Obey the speed limit and never driver faster than your skills or weather conditions allow.

-Signal well before you turn or make a lane change. Consider using hand signals in addition to electronic turn signals.

-Use extra caution at intersections and entrances to parking lots and driveways -- don't let another motorist's actions take you by surprise.

-Keep both hands on the handlebars and both feet in appropriate locations while riding.

-Never leave a scooter unattended with the engine running.

-Reduce speed when riding on bumpy roads.

-Be especially aware of traffic behind you. Different speeds can lead to a rear-end collision.

-Don't rely on mirrors, which allow for only a partial view. Be aware of blind spots.