South Florida Injury Lawyers Blog

South Florida Hospital Infections a Growing Concern

Sat, 18 May 2013 18:17:21 -0500

The term “superbugs” sounds like something out of a horror movie, but in fact superbugs are very real. Superbugs are antibiotic resistant infections that are tough to kill. The most famous and well-known superbug is called MRSA, which stands for methicillin-resistant staph infection. However, there are also other superbugs and they may be in a hospital near you.

Our West Palm Beach medical malpractice lawyers know that thousands of patients are killed or made ill each year as a result of the presence of hospital infections. Unfortunately, hospitals may not have financial incentive to do anything about this problem. This is why it is so important to take legal action for malpractice if you or a loved one gets an infection because a hospital fails to provide reasonable care.

Superbugs Present a Danger To Patients

The risk of developing an infection in a hospital is a very real one for patients. In fact, a recent USA Today article indicated that one out of every 20 patients who goes to a hospital will develop an infection. Of the patients who develop infections, around 100,000 will die each year.

Hospital Infection.org suggests that these deaths are just the tip of the iceberg, as another 2 million people each year come down with infections that cause sickness but not death.

While there are a wide variety of infections that can develop in a hospital, some of the superbugs causing concerns in recent months include:

Clostridium difficle (C-diff). This infection caused an estimated 14,000 deaths in hospitals in the United States just last year.
A “nightmare” bacteria that has been found in more than 200 U.S. hospitals in recent months.

The germs that cause these and other infections may be found all over hospitals. No longer are concerns about infection restricted to dirty surgical instruments and unsanitary operating rooms. A contaminated television remote or a dirty bed rail can spread germs.

Are Hospitals Doing Enough?

With thousands dying and millions injured each year, the danger of developing an infection in a hospital could realistically be called a serious public health concern. Yet, the question is: what are hospitals doing to fix the problem?

USA Today reports health facilities are experimenting with some new technologies. Germ resistant copper bedrails and special machines that emit UV light, for example, are just a few of the technologies that hospitals are reportedly embracing in their “germ fighting” efforts.

Yet, embracing new technologies is not nearly enough and hospitals need to act swiftly and decisively to set and adopt policies that could cut the number of infections dramatically. Unfortunately, hospitals aren’t really doing this and there is a good reason why: the status quo is quite profitable.

Hospitals make an estimated $15,275 when a patient is infected and needs treatment. With millions of infections, this means around $30.5 billion in hospital profits each year result from infections.

Unless medical malpractice claims make it really costly for hospitals to allow infections to develop on their watch, hospitals have strong financial incentive to not really do quite as much as they should to make the environment safer for patients.

Red Light Cameras Solving Accident Mysteries?

Fri, 17 May 2013 10:17:47 -0500

One Fort Lauderdale pedestrian is counting his blessings today, as he escaped death from a two-car accident. According to the Sun Sentinel, it was all caught on the intersection's red-light camera.

The accident happened at roughly 5:00 p.m. at the intersection of State Road 84 and South Federal Highway. According to the company that provides the intersection cameras, the footage was released to show officers just how beneficial the equipment can be when investigating accidents.

But does the good outweigh the bad? Our Lake Worth car accident lawyers understand that these red-light cameras have been in question for quite some time now. Some believe that they're helping to make our roadways safer, while others argue that they're only increasing the risks for intersection accidents. The truth of the matter is that red light runners cause hundreds of deaths and tens of thousands of injuries each and every year. In 2011, there were more than 700 people who were killed and another 120,000 who were injured in these kinds of accidents. About half of these fatalities were bicyclists, pedestrians and occupants in other vehicles.

While these cameras help to stop red-light runners, they're also increasing the risks for a rear-end accident. Drivers are quick to stop at intersections now in fear of getting a traffic citation. But the problem here is that they're stopping short and we're seeing more rear-end accidents.

Wondering where the red-light cameras are in the state of Florida? Check the Photo Enforced website for all the details.

A study released this year by the Florida Department of Highway Safety and Motor Vehicles (DHSMV) found that the number of accidents declined at intersections with red-light cameras in 41 jurisdictions - but increased in more than 10. When you break it all down, the number of T-bone accidents are declining, but the number of rear-end accidents are increasing.

According to Florida Today, many believe that these cameras are only installed to help reel revenue for the government. It's true, there's a lot of money to be made with these cameras.

More than 2 million police-reported traffic accidents happened near an intersection in the U.S. in 2009. These accidents account for more than 40 percent of all reported accidents for the year. These accidents resulted in more than 81,000 serious injuries and close to 7,500 fatalities.

It's not about running a red light, or skidding to a stop to avoid a red-light ticket. It's about entering intersections with the safest intentions. There's a lot going on in these areas and you've got to be on the lookout. Beware of traffic coming in other directions. Expect the unexpected. You can't rely on the safe driving habits of others at these points of traffic conflict. Make a proactive effort to pass through these crossroads as safely as possible, abiding by all traffic devices.

Motorcycle Accidents in Focus this May

Wed, 15 May 2013 10:39:59 -0500

The Florida Department of Transportation (FDOT) recognizes May 2013 as Motorcycle Safety Awareness Month. Motorcycles can be easily hidden in traffic, so it critical for motorists to watch for motorcycles to ensure everyone's safety.

"Florida's mild climate and beautiful scenery make it very attractive for Florida residents to own a motorcycle," said DHSMV Director Julie Jones.

Our Weston motorcycle accident lawyers understand that the state of Florida was ranked as the most dangerous state in the country for motorcyclist fatalities in 2011. According to the latest statistics from the National Highway Traffic Safety Administration (NHTSA), there were close to 450 motorcyclists killed here in the Sunshine State throughout the year.

There's plenty going on in the state of Florida during awareness month. Make sure you get out there and get involved to help to make our roadways safer for everyone. You can find the events nearest you by visiting CycleFish.com.

The sad truth of it all is that we can't always rely on the safe driving habits of others out there. That's why it's important that we're doing all that we can on two wheels to help ensure our safety. One of the best things you can do is strap a helmet on. Riders without a helmet are nearly 50 percent more likely to suffer a fatal head injury in an accident and about 5 times more likely to suffer a brain injury than those who are wearing a helmet.

You also want to make sure that you're practicing your most defensive driving habits at all times. Stay out of the blind spots of drivers and steer clear of dangerous driving. Safe and defensive driving habits can keep you alive.

Oftentimes, motorcyclists are overlooked out there. You want to make sure that you're seen at all times. Make sure that you're wearing bright-colored clothing, your headlights and taillights are working properly and that you're predictable in traffic. Stay a step ahead of the traffic around you.

As with any kind of driving, it's important that you stay sober. Each year, we lose thousands of lives as a result of irresponsible and intoxicated driving. Stay sober and stay safe.

In the state of Florida, close to 20 percent of fatalities are motorcycle riders. These travelers account for close to 5 percent of the motoring public. And these accidents have only been getting worse in recent months. As more motorcyclists hit our roadways this summer, the risks for these types of collisions skyrocket.

"It's a high-fatality type of vehicle," said Edith Peters, a spokeswoman with FDOT.

Lastly, it's not a bad idea to enroll yourself in a motorcycle safety course. We're not saying that you don't know what you're doing out there. We're just saying that it's a good idea to brush up on your riding skills every once and a while.

Temorary Workers at High Risk of Injury in Fort Laudredale, West Palm Beach

Mon, 13 May 2013 08:59:07 -0500

There are many kinds of jobs out there. One should be no safer than the other. If federal officials have anything to say about it, they're going to make it safer for temporary workers.

According to the Occupational Safety and Health Administration (OSHA), there's a new initiative underway to protect temporary employees from workplace dangers, risks and hazards. Officials decided to announce this new initiative during OSHA's Workers' Memorial Day event. This is an event that's used to recognize and pay tribute to workers who have been killed on the job and to help to renew the focus on making our nation's workplaces safer for everyone.

OSHA officials sent out a memo to regional administrators instructing field directors to look at companies and their engagement of temporary workers. If these workers are present, they're required to take it a step further and to make sure that the company is complying with their responsibilities under the Occupational Safety and Health Act.

Our Lauderdale work accident lawyers understand that there's a new code in the books to keep an eye on these temporary workers and to take note when any of them are exposed to health or safety violations. In addition, OSHA inspectors will be looking to make sure that these temporary workers are getting the proper training that they require to complete each job safely. This training should be provided by the employer in a language that the worker can understand.

"Workers must be safe, whether they've been on the job for one day or for 25 years," said Dr. David Michaels with OSH.

Workers' Memorial Day is a national holiday that was observed on the 28th of April.

But the efforts don't stop there. In addition to the new enforcement plans, officials with OSHA have started work with the American Staffing Association and different employers who use these kinds of staffing agencies. With this partnership, they're hoping to promote better practices in working to make sure that temporary employees are safe on the job.

In the last few months, officials with OSHA have received a number of reports about temporary workers who were killed on the job. Unfortunately, many of these fatalities happened on their first day of work. And what were the most common citations resulting from these accidents? You guessed it -- improper training and a lack of safety protections.

According to the latest statistics from the Bureau of Labor Statistics (BLS), more than 10 percent of the near 5,000 people killed on the job in the U.S. in 2011 were temporary workers. That's close to 550 fatalities.

If you're working as a contracted worker or a temporary worker, you have the same rights as anyone else. Make sure you're getting the proper training to complete your job safely. You need to also make sure you've got the proper safety equipment, too. Just because you're not on the payroll all year, that doesn't mean that you're any less important.

Keeping Your Bicycle Fresh and Keeping Child Riders Safe

Fri, 10 May 2013 08:45:06 -0500

We've been talking a lot about bicycle safety in recent weeks, and it's well warranted. Not only are we the nation's most dangerous state for these kinds of accidents, but it's also May, which means it's National Bike Safety Month.

Our bicycle accident lawyers understand that there is a large focus on the riding habits of bicyclists and the safety skills of motorists when talking about preventing bicycle accidents. But do you know that there are other precautions that you can take to help to eliminate the risks for an accident? We're talking about bicycle maintenance.

We're checking in with Bicycling.com to get some of the best information on how to keep our bicycles as safe as possible. The truth of the matter is that each and every bicycle needs to undergo routine mechanical attention to help ensure safe riding. You need to keep an eye on its condition to help ensure quiet, efficient and safe riding. While there are some who would just rather take their bike to a shop and have a professional look at it, there are many of us handy enough to handle it ourselves.

We're here with some basic repair and maintenance jobs -- and even some upgrades:

1. Give your bike a visual exam. Make sure that the brake pads are smooth. Make sure your chainrings aren't worn. Make sure there is still tread on your tires. When your tire loses its rounded profile and starts to get a flat spot, or when the base fabric cord begins to show through, it's time to replace the tire.

2. Make sure you've got the proper tools to do the job. Some important items that you'll need to properly maintain your bike are a spoke wrench, a chainwhip, a chainbreaker, lube, grease, tire levers and hex tools. With the right tools, you can fix just about anything.

Now you think you're a professional bike rider, and that's cool, but we can't forget about our young ones. Children are at particularly high risk for bicycle-related injuries. In 2001, children 15 years and younger accounted for close to 60 percent of all bicycle-related injuries seen in US emergency departments, according to the Centers for Disease Control and Prevention (CDC).

It is important to remember that a bicycle is not a toy; it’s a vehicle! Be careful – follow some basic safety tips when you ride, offered by the National Highway Traffic Safety Administration (NHTSA).

Make sure your child always wears a helmet. Make sure they're riding a bicycle that fits them. It's also important to make sure that you're always supervising your child when they're out riding their bike. Don't just stay in their vicinity, but actually watch them. Lastly, you want to make sure they understand the rules of the road and the workings of traffic. Their understanding can help to save their life.

Biking Over Driving in South Florida, A Good Choice Made Better

Wed, 08 May 2013 08:04:31 -0500

We've been talking about the safety of bicyclists for some time now, and with good reason. They're up against some serious dangers out there. But now, they've got a lot of support on their side. The entire month of May has been dedicated National Bike Month.

According to The League of American Bicyclists, Bike to Work Week is May 13-17 and Bike to Work Day is Friday, May 17. Bike to School Day is May 8. Until we can remove Florida from the number one spot as the most dangerous state in the country for these kinds of accidents, we better keep on working on safety.

During National Bike Month, don't overlook the critical importance of bicycle safety. Our Fort Lauderdale bicycle accident lawyers understand that there are a plethora of places for locals and visitors to bicycle in Broward. Whichever route you decide to take, it's important that you take it safely.

Here a few bicycling tips from Broward County officials to help you to ensure a safer trip:

-Watch for the Yield. Among the most common types of accidents are those caused by failure on the part of the bicyclist or motorist to yield the right-of-way at driveways and intersections. Before crossing the street or proceeding across a driveway, you always want to make sure that you make eye contact with drivers. You want to ensure that they see you.

-Wrong-Way Riding. You never want to ride against traffic. Always ride on the right side of the road in the same direction as traffic. You want to make sure that you can be seen within a motorist's natural scanning zone. Not only is it safer to ride on the right side of the road, it's the law.

-Lookout for Parked Cars. When riding through parking lots or in areas with street-side parking, be on the lookout for opening doors. Although the motorists are required by law to be on the lookout for you, we can't always rely on their safe habits.

-Keep Communication. You want your riding maneuvers to be as predictable and as well-communicated as possible. Make sure your turns and maneuvers are always signaled. Letting drivers know where you're headed is one serious step in preventing an accident.

-Keep Scanning. You always want to be aware of your surroundings. Staying one step ahead of the traffic around you will help to reduce the risks of an accident.

If you choose to take the plunge and start riding instead of driving, there are a few things that you are going to want to know. Choose your route carefully. The best route to work by bicycle may not be the same way you drive. Try a few different routes to see how they compare. Take a few shakedown rides to get used to your bike and riding in traffic. Do this at a time when you are not in a hurry so you can stop if you need to, or check alternate routes.

Florida Bicycle Safety in Focus this May

Mon, 06 May 2013 07:49:44 -0500

At least 57 million people, or more that 25 percent of the population over the age of 15, ride bicycles according to a recent study from the U.S. Department of Transportation (DOT).

Many of these riders are in the state of Florida, too. South Florida Adventures lists the "Top 9 Cycling Stories," which may interest bicycle enthusiasts.

We like to bike. What we don't usually think about are our risks for getting into a serious accident. But the truth of the matter is that these types of accidents are on the rise. According to recently-released statistics from the National Highway Traffic Safety Administration (NHTSA), Florida was ranked as the most dangerous state in the country for cyclist fatalities. There were close to 150 people killed in bicycling accidents in the state in 2011.

Our Davie bicycle accident lawyers understand that the number of bicyclist fatalities increased nearly 10 percent compared to the prior year's statistics. Why the increase? Are cyclists getting more careless out there? No. The problem is that we're all driving more with the recovering economy and we're forgetting that we've all got to share the road. The truth is that cyclists follow the same set of road laws as motor vehicle drivers. Unfortunately, our bicyclists aren't always treated the same -- instead oftentimes overlooked on our roadways.

Whether you’re biking for exercise and health, for recreation, or, more and more commonly these days, to commute, safety is of utmost importance.

In an effort to encourage everyone to practice safe behavior and improve the safety of all road users, the Broward MPO has developed a public education campaign regarding the 3-Foot Law. The campaign educates motorists about Florida Statute 316.083: Overtaking and Passing, the law states a motorist must pass a bicyclist by no less than 3 feet.

Your best bet is to bike while it's light. Close to 60 percent of all fatal bicycle accidents in Florida occur during twilight and night hours although less than three percent of bicycle use takes place at that time.

There are a number of factors that increase a bicyclist's risks for an accident while riding at night:

-Motorists are more likely to drive under the influence of alcohol.

-Motorists cannot see their surroundings as easily because of the darkness.

-Roadways with a speed limit of 40 miles per hour or higher are extremely risky for bicyclists at night.

-Bad reflectors can serve up serious risks.

-Motorists can mistake a reflector for a mailbox.

But whether you're riding at night or during the day, it's important to remember to stay one step ahead of the traffic around you. Your safe, cautious and defensive riding habits could save your life.

Bicycle Accidents on the Rise in Florida, New Statistics Show

Wed, 01 May 2013 08:57:33 -0500

Florida is the most dangerous state in the entire country when it comes to bicyclist fatalities. According to newly-released numbers from the National Highway Traffic Safety Administration (NHTSA), there were 125 bicyclists killed on Florida roadways in 2011.

Nationwide, there were close to 700 bicyclists who were killed in traffic accidents in 2011. That mean's nearly 1 in 5 fatal bicycle accidents in the United States occurred in Florida! In addition to those fatalities, there were nearly 50,000 bicyclists injured along the way. And these risks don't appear to be getting any better. The NHTSA reports that there was a near 10 percent increase in the number of bicyclists killed in 2011 from 2010.

Our Weston bicycle accident lawyers understand that bicyclists should be a little more cautious while pedaling during the evening hours. These accidents were most likely to happen between the hours of 4:00 p.m. and 7:59 p.m. Close to a third of recorded fatalities happened during this time, followed by the hours from 8:00 p.m. to 11:59 p.m.

According to the latest numbers, the average age of bicyclists killed in traffic accidents is on the rise. It's actually been increasing each year over the last 10 years. In 2011, the average age of bicyclists killed in traffic accidents was 43.

Overall, bicyclists between the ages of 45 and 54 had the highest fatality rate. On the other hand, the highest injury rate were to riders between the ages of 16 and 20.

Officials with the Broward Sheriff's Office (BSO) are asking bicyclists to help to protect themselves from the risks associated with dangerous drivers. You're asked to strap on a helmet. As a matter of fact, proper use of a bike helmet can reduce the risk of head injury by close to 90 percent. In the state of Florida, children under the age of 16 who are riding a bike or are a passenger on a bike are required by law to wear a helmet.

Regardless of how old you are, safety should always be your number one priority while pedaling the town on two wheels. To help keep your safe, BSO officers are here with some important tips:

-Make sure that your helmet fits properly.

-Check your bike frequently. Making sure it's in good-working order will help to keep you out of an accident.

-Make sure that you're riding on marked paths whenever they're available.

-If you have to ride on the street, make sure that you're riding with the flow of traffic. You never want to head straight into oncoming traffic.

-Always wear bright-colored clothing and make sure you can be easily seen by passing motorists.

-Keep an eye on your surroundings. Be on the lookout for not only motor vehicles, but also for other bicyclists and pedestrians.

-Make sure you're always using the proper hand signals to let traffic around you know where you're headed.

Toyota, Honda, Nissan, Mazda Involved in Massive Airbag Defect Recall

Mon, 29 Apr 2013 07:21:47 -0500

Four major automobile manufacturers have issued a recall on nearly 3.5 million vehicles sold worldwide - including in the U.S. - due the fact that the passenger airbags pose an injury risk.

Our Weston injury lawyers understand that this is in fact the largest-ever recall involving airbags. In all cases, the airbags were produced by a company called Takata, which is the world's second-biggest supplier of both airbags and seat belts.

Many auto manufacturers these days end up using similar or common vehicle parts in order to reduce their costs. However, that means that when there is a recall on one of these parts, many different companies are affected. This may save the companies money, but it presents a huge risk to public safety.

This recall is the largest since Toyota - which has gained a reputation over the last several years as a serial recaller - issued one in October for 7 million vehicles over a defective power window switch. Prior to that, the company had to pull some 19 million vehicles across the globe between 2009 and 2011, due to problems with unintended acceleration.

The car makers - Honda, Toyota, Mazda and Nissan - report there are no injuries or deaths reported due to these defective airbags, which allegedly have the potential to catch fire.

Airbags are credited with saving countless lives by rapidly inflating and cushioning the blow in the event of a crash. But in the U.S., rules changed back in the late 1990s, to require a reduction of force deployment, because numerous injuries were caused by those early models due to the intense impact of rapid inflation.

In this case, the airbags that are situated in the front passenger seat may fail to properly inflate. The propellant used in the inflator, the company said, is defective. So not only is there the airbag not working and a fire being sparked, but passengers may also be hurt by metal fragments that might either shoot up toward the windshield or down into the passenger well area.

The vehicles include popular models such as the Toyota Corolla and Camry, the Honda Civic and the Nissan Maxima. All were produced between 2000 and 2003.

The airbag manufacturer said it learned of the problem following two crashes with similar airbag issues - one in Japan and one in Puerto Rico. Those were back in late 2011. The company tried to replicate the issue, but had no success. The following fall, the U.S. National Highway Traffic Safety Administration reported three more faulty airbag incidents occurred - one in Maryland and two more in Puerto Rico.

It wasn't until October of 2012 - one full year after it first learned of potential problems - that Takata conceded the propellant used in the airbags may have been improperly compressed, which could be the root of the problems. A few months later, it also found that certain parts made at a plant in Mexico had been exposed to natural elements during production that could weaken effectiveness.

This company produced the 2.8 million Honda driver-side airbags that had to be recalled in model years 2008 through 2011.

The company also produced some 8 million seat belts that had to be recalled back in 1995.

NHTSA: Tailor Safety Ratings to Older Drivers, Families

Sat, 27 Apr 2013 07:59:13 -0500

Our Oakland Park injury lawyers know many people are aware of the benefits of reviewing safety-rating information when purchasing a vehicle.

However, there is often a great deal to decipher and it's hard to know what's truly relevant.

Now, the National Highway Traffic Safety Administration is recommending the creation of two additional safety ratings, one of which would be specifically geared toward families and another for senior drivers.

This would be a change made to the organization's New Car Assessment Program. The rating for older drivers would be a "silver rating" and the one for families would be simply a "family rating." The former would look at how specific elements of a vehicle would aid older drivers. The latter would look at things like protection for rear-seat passengers, particularly children.

The NHTSA said these other two ratings would be in addition to the one it currently provides, which measures new vehicle safety on a scale of 1 to 5 stars - and has done so since the late 1970s.

This kind of overhaul, the NHTSA said, would be a process that could take anywhere from three and four years.

Part of the decision comes from the fact that the baby boomer generation is rapidly creating a phenomenon that has been termed the "silver tsunami." The AARP reports that as of today, more than 15 percent of all drivers in the country are 65 and older. By the year 2025, one-fifth of all drivers will be at least 65 years-old. By the year 2030, some 57 million drivers will be considered elderly. That's 20 million more than we have today.

The idea behind a silver rating is that older people are generally less able than younger occupants to withstand the impact of a violent crash. Older drivers account for the highest death rate in car crashes.

The focus for the new silver rating would be to offer older drivers information that would help them choose vehicles that would be safer for them. Some of those options might include inflatable seat belts as well as certain features that might help prevent low-speed pedal misapplication. Additionally, older drivers with arthritis might find that push-button start systems, easy-grip steering wheels and automatic seat belts would be helpful. Those who are shorter might find relief with telescoping steering columns and adjustable brake and gas pedals.

There is concern, however, that such a rating may backfire. As the AAA director of traffic safety advocacy and research pointed out, seniors don't want "old people cars." Marketing may be an important investment if the effort is to be effective.

As far as families, it's no secret that parents want to know which vehicles are going to provide the most protection for children. A rating for crashworthiness on the basis of safety for rear-seat child occupants is going to be critical.

The NHTSA is opening up the forum to the public, in hopes of getting feedback on what kinds of features might be important to them in each of these categories.

Child Pedestrians Safety a Spring Focus in South Florida

Thu, 25 Apr 2013 10:08:24 -0500

Our kids are going to be getting out of school for Summer Break pretty soon, and they're going to be spending a lot of time outside. While that's good for them and helps to keep them healthy, it also serves up some serious risks. We're talking about the risks they face for pedestrian accidents.

Unfortunately, our young ones don't always understand the workings of traffic and may end up being seriously injured or killed. As a matter of fact, there were close to 235 pedestrian fatalities among children under the age of 14 in the U.S. in 2009, according to Safe Kids USA.

Our Lauderhill child injury attorneys understand that these kinds of risks can happen anywhere -- not just on the road. They can happen on sidewalks, parking lots and even driveways. As a matter of fact, these areas were the top locations where we saw children under the age of 3 get into pedestrian accidents. Close to 75 percent of these fatalities happen at non-intersection locations.

As a parent and a guardian, you're going to want to keep your closest eye on your child between the hours of 4:00 p.m. and 7:59 p.m. This is when these accidents are most likely to occur. More than 40 percent of these accidents happened during this small window of time.

If you've got a little boy in your home, you want to pay extra attention, too. Close to 70 percent of these accidents happened to young boys.

So we know the risks and we know who's involved, now how do we help to keep them safe? Lucky for you, we're here with some important safety tips for you to share with your children.

Child Pedestrian Safety Tips:

-Always cross the street by using a crosswalk or crossing where there is a traffic signal.

-Before crossing the road, make sure you make eye contact with drivers to ensure that they see you?

-Look left, right and left again before crossing the street. If you think you'll have to hurry to make it across safely, wait until there is more time.

-Never let children under the age of 10 walk alone.

-Keep an eye out for vehicles that are backing up.

-Never play in the driveway or in a parking lot.

-Always walk across the street -- never run.

-When riding a bike, always get off and walk the bike across the street. You don't want to tumble over in the middle of an intersection.

-While playing outside, make sure you're wearing bright clothes. This is going to help ensure that everyone around can see you.

-When it gets dark out, it's time to go home. Your risks for an accident are higher when it's dark.

-Never dart out into the road. Stop and look before stepping on the pavement.

One Dead, 16 Injured in School Transportation Accident

Tue, 23 Apr 2013 11:22:14 -0500

A 9-year-old boy was killed and 16 others were injured in a recent school bus accident in Port St. Lucie. According to the TC Palm, a loaded sod truck rammed right into the side of the bus.

Our St. Lucie school injury lawyers understand that school buses might be coming to a rest here soon, with the end of the school year approaching. But that doesn't mean that our students won't still be out traveling for school trips and other events. When the school buses are parked, 15-passenger vans are a common mode of transportation. They're used for summer camps and for other fun activities. But the truth is that they may be no safer than school buses. In fact, federal law now prohibits most schools from using them for student transportation.

According to the National Highway Traffic Safety Administration (NHTSA), these 15-passenger vans are high susceptible to serious rollover accidents. It's because they're sensitive to loading. That's why officials with the NHTSA are urging drivers to make sure that they understand how much weight these vans can hold. The heavier these vehicles are, the harder they are to handle.

There's also a high risk for accidents with these vans because, according to research, drivers of these vans oftentimes lack the experience of driving a larger vehicle. These vans handle a lot differently than our smaller passenger vehicles. They're longer and they're wider. Only drivers with commercial driving experience should jump behind the wheel of these vans.

Another common factor of these van rollover accidents are improperly inflated tires. According to a recent survey from the NHTSA, about a third of all 15-passenger vans have at least one tire that is significantly under-inflated. To know how to best inflate your tires, your best bet is to check the vehicle's owner's manual. You want to make sure you fill them up before every long-distance trip and check them regularly.

If you're driving one of these vans, be sure that you keep your eye on the speed. The faster you're traveling, the higher your risks are for an accident as taller, narrower vehicles are more likely to rollover than shorter, wider vehicles. That's why it's more important for the drivers of these larger vans to slow down and to be careful. This is especially important when we run into that Florida rain. Make sure you're adjusting your driving habits to the weather outside.

Keep up on the maintenance of the van, too. Check the fluids regularly, along with the windshield wipers and the condition of the tires. Preventative maintenance is one of your best ways to stay out of an accident.

You can't take a break from safety if you're a passenger in one of these vans either. Make sure that you're always wearing your seat belt on every single trip. As a matter of fact, close to 90 percent of the people who have been killed in rollover accidents in these kinds of vans were reportedly not wearing their seat belts at the time of the accident.

U.S. Airways, Inc. v. McCutchen, Equitable Relief, and Third-Party Work Accidents

Mon, 22 Apr 2013 06:28:25 -0500

In a recent 5-to-4 ruling, the U.S. Supreme Court decided in favor of an airline mechanic who had been badly injured in a car accident.

Our Boca Raton injury lawyers understand the primary question was how compensation was to be divided and whether the amount he reimbursed his own insurance company after receiving third-party compensation was to be less attorneys fees.

In the end, the court ruled in favor of the mechanic, finding that attorneys' fees should be considered when reimbursement is being figured.

The justices vacated the earlier ruling in the case, U.S. Airways, Inc. v. McCutchen. Additionally, certain technical questions were remanded back to the lower appellate court.

At the end of the day, this case is about ensuring that injured workers are not penalized for seeking experienced legal representation on issues of third-party compensation.

Here's the crux of what happened:

Employee benefit plans usually cover a participant's medical bills in the event of an injury, even if that injury did not occur at work and wasn't work-related. However, in a lot of those plans, the health insurance company requires that if an individual obtains compensation from a third party for that injury, he or she has to reimburse the plan "in full." This is called appropriate equitable relief under Section 502(a)(3) of the Employee Retirement Income Security Act (ERISA). Basically, insurers want to make certain that injured parties aren't being compensated twice for the same injury.

But the way these plans are written, they don't allow for the plaintiff's attorney fees in those third-party cases.

Here, the injured party, James McCutchen, was seriously injured in a car accident. His employee benefit plan offered about $67,000 to cover his medical expenses. Like many others, this plan required the employee to pay back those expenses out of any amount he recovered from the third party.

McCutchen filed a personal injury lawsuit and recovered $100,000 in that case. The benefit plan demanded reimbursement for the full amount - that $67,000 - without taking into account the legal fees that McCutchen had accrued. That reduced his recovery amount to less than the amount demanded - meaning he would actually be losing money in the case - about $900.

Justice Elena Kagan, in writing the opinion for the majority, said that first of all, third-party compensation usually does not come free, meaning that attorneys are needed in order to obtain those benefits. Further, the health plan agreement was silent on attorneys' fees, meaning that either McCutchen was required to pay back every dollar he received from that third party or only the true amount of the recover, after all costs are deducted.

Because the language was ambiguous, she said, ordinary fairness would require the second interpretation. Otherwise, the injured party is actually made worse off by pursuing third-party compensation.

When an accident victim is represented by an experienced personal injury law firm, these complications are taken into account from the early stages of a case. In many cases, your medical debts can be negotiated. In some cases, insurance company reimbursement may be required. Failure to properly address these issues can further harm accident victims seeking to make a recovery.

Tragedy Highlights Lawnmower Safety in South FLorida

Sun, 21 Apr 2013 10:41:19 -0500

Some people enjoying mowing the lawn. Others see it as a chore. But most of us don't recognize the risks that are involved.

According to FOX29, a Palm Harbor girl is facing serious surgery after losing both her legs in a recent lawnmower accident. This is her fourth surgery. It happened when her father backed over her while he was mowing the family's lawn. So far, there has been about $15,000 raised to help the family cover the medical bills, but there's a lot more needed. A charity has donated a lifetime of top-quality prosthetics.

Our Weston personal injury attorneys understand that, for about 70,000 people this year, mowing the lawn will turn into a brush with death or serious injury. According to the Consumer Products Safety Commission (CPSC), roughly 800 children are run over by riding lawnmowers or small tractors each year. Overall, about 75 are killed and other 20,000 are injured. One out of every five of these accidents involved a child.

Lawnmowers come equipped with steel cutting blades that spin at more than 2,000 revolutions a minute. Depending on how long that blade is, the tip can be moving up to 200 miles per hour.

“The energy transferred by a typical lawnmower blade is equivalent to being shot in the hand with a .357 magnum pistol,” reports the American Academy of Orthopaedic Surgeons.

Risk of injury involving lawnmowers comes from more than just contact with the blade. You also have to worry about flying rocks, sticks and other materials, fires ignited by the gasoline, dangers involving tipping the mower, losing control of it and even hot surfaces from the mower's engine.

You want to stay safe while using a lawnmower. Your first step should be making sure that the mower is in good working condition. When something breaks or stalls, you should always have is professionally fixed. You should also follow these tips:

-Never operate your mower without the proper safety equipment.

-Stay aware of the dead-man switch.

-Make sure you're always dressed appropriately. Always wear full shoes and safety glasses.

-Before you start on your yard, make sure you do a quick run through to make sure that there is no debris on it.

-Always stay aware of your surroundings. You especially want to keep an eye on kids. Never let anyone get near while you're operating the lawnmower.

-Never allow children to ride on the lawnmower.

-Never allow children under the age of 12 to operate a walk-behind lawnmower (American Academy of Pediatrics).

Some of the most common results from these kinds of accidents are amputations. Each year, there are thousands of amputations performed because of accidents involving children. These amputations oftentimes happen to the hand, arm, foot or leg.

Lawn mowing might seem like a chore -- but it's a dangerous one. Make sure you're focused and safety is your number on priority while cutting the grass. Don't focus on how quickly you can get it done. Focus on how safely you can get it done.

Florida Pedestrian Safety a Summer Concern

Wed, 17 Apr 2013 01:38:33 -0500

In 2010, Florida Traffic Crash Statistics revealed that 2.65 pedestrians were killed in car wrecks for every 100,000 residents in the state of Florida. In total, 7,290 pedestrians were injured over the course of the year and another 499 pedestrians were killed. The number of deaths reflects an increase in the rate of fatalities for the first time since the fatality rate began to decline in 2005. The number of pedestrians injured but not killed, however, has continued to go down since reaching a high in 2008.

Our Fort Lauderdale injury attorneys know that despite the decline in pedestrian injuries, Florida remains one of the most dangerous of all states when it comes to pedestrian accidents. There are lots of reasons for this including warm weather making it possible to walk all year round; badly designed roads; and a large senior citizen and tourist population who may not have the best driving skills in all situations.

Florida Pedestrian Safety Tips and Warnings
The thousands of pedestrians injured and killed each year suffer tremendous loss and leave behind loved ones forced to cope with sadness and grief. These injuries and deaths can and should be prevented in order to minimize the financial and emotional costs associated with pedestrian accidents.

Both drivers and pedestrians have certain responsibilities in preventing pedestrian accidents since these types of crashes can often be attributed to the negligent or careless behavior of one or both of these individuals. Drivers can include drivers of motor vehicles, motorcycles and trucks, but can also include bicycle riders who could kill or injure a pedestrian if they were going too fast and struck the walker. In one recent case in California, for example, a bicycle rider was charged with manslaughter because he was speeding and killed a 71-year-old man when his bike crashed into him.

For drivers of cars or bikes to avoid becoming involved in a pedestrian crash, it is important to:

Drive at a reasonable speed so the car or bicycle doesn’t lose control and hit a pedestrian.

Watch for pedestrians at all times and give pedestrians the right-of-way when required by law.

Refrain from behaviors that would make you more likely to hit and injure a pedestrian. Such behaviors can include drunk driving, distracted driving, drowsy driving or even daydreaming when driving. Anything taking your attention away from driving is taking your attention away from a potential future pedestrian who may be unlucky enough to be in your path.

For pedestrians, on the other hand, the focus should be on:

Crossing at designated crosswalks and facilities whenever possible. Avoid jaywalking, which can significantly increase the risk of an injury since drivers may not expect you to step out in the middle of the street to cross.

Look both ways before crossing the road. Never assume that a driver is going to stop and don’t step out onto the street when a driver is coming.

Making sure you don’t have too much to drink. You don’t want to try to walk somewhere drunk or intoxicated as you could end up in a dangerous situation.

These are just a few of the things that drivers and pedestrians can do in order to avoid a devastating wreck that could cost the pedestrian his life.