Fort Lauderdale Injury Lawyer Blog

Roadsides on South Florida highways are risky for those who leave their cars

Tue, 24 Jan 2012 13:13:26 -0500

Recently, two young people were killed and another seriously injured when they were standing near the side of the road as a result of a prior automobile accident in Plantation, Florida. Two of the victims had stopped to assist the driver of another car which had been disabled car in an earlier single car collision. A passing car collided with them. Currently, the Plantation police have not stated who was responsible for this horrific accident.

Last year in Miami, five people were struck and killed when they left their cars after a three-car accident along Interstate 95. Police said the driver who hit them was drunk and has since fled. In April, a Fort Lauderdale tractor-trailer driver was killed attempting to cross Interstate 75 after his truck collided another truck. Both of these accidents occurred in the low light of early morning.

In Hallandale, a 15-year-old Miami boy was struck and killed by a passing car as he helped three others push a disabled vehicle off I-95 near Hallandale Beach Boulevard.

Similarly, in Palm Beach County, an 18-year-old woman was struck and killed when she decided to leave her car which was disabled on I-95 near Forest Hill Boulevard to cross the highway about 3 a.m.

According to the Florida Highway Patrol, if your car is disabled, particularly on a highway in I-95, you should attempt to stop your car off the highway and as far away as possible from moving traffic. If conditions permit, you can try to find safety behind a guard rail or possibly stand in front of the car to the side. If you must get out of your car,you do not want to stand behind your car where it can be hit by passing traffic and propelled into you.

If your vehicle is disabled on a busy highway, you need to be very careful before you decide to leave your car, taking into consideration the weather, the traffic, and lighting conditions. Particularly in multiple lane highways like I-95 you need to be extremely cautious before attempting to walk across the lanes of traffic. If you must leave your car, try to stay as far away from the side of the road as you reasonably can.

Florida accidental gun shootings on the increase

Mon, 16 Jan 2012 12:13:04 -0500

If you read the newspapers in South Florida recently, you may have noticed that there is an increase in the number of accidental gun shootings reported. For example, the two incidents below were reported in a recent edition of the Fort Lauderdale Sun Sentinel.

In Miami a woman was taken to the hospital after her husband claims he accidentally shot her when he thought she was a burglar in their home.

In Eatonville, Florida, a teenager was accidentally shot and killed by a 6-year-old child. At the time of the shooting, the boy was playing video games in his home when he was shot in the head. The child who fired the gun, found the handgun from the floor and thought it was a toy.

As more and more guns are manufactured, sold, lost, stolen, and re-sold, these guns will end up in many more Florida households. The end result will be that as the number of guns in homes increase, there will be an increase in the number of unintended shootings of innocent people, often loved ones. In some of these cases, the homeowners insurance may provide coverage for the shooting victims.

In most of these cases, the guns will be unsecured. They may be placed in a location where children can get to them with little or no effort and there will not be any trigger locks or other devices to prevent the guns from being accidentally discharged in the home. Likewise, homeowners may mistakenly think there is an intruder in their homes and fire at their own family members. All of these situations are eminently preventable by either using more caution in securing the gun or only firing the gun when the shooter is certain of the identity of the target.

At the end of the day, each home owner contemplating keeping a gun in their house should weigh the potential increase to their personal safety against the possibility that an unintended tragedy may result.

Florida Helicopter crashes while delivering heart for transplant

Tue, 27 Dec 2011 11:15:03 -0500

A helicopter crashed in northern Florida while carrying three people, all of whom died, while delivering a heart for transplant to a waiting patient. The crash occurred early Monday morning according to the Federal Aviation Administration (FAA).

The helicopter had left St. Augustine and was heading to Gainesville, where the University of Florida, Shands Hospital, is located.

Aboard the helicopter was a heart surgeon, a procurement technician, and the pilot.

The downed helicopter, a Bell 206, was located by different helicopter in a remote wooded area. The Bell 206 is small and light weight and is usually used by police departments or traffic reporters.

Initially, weather does not appear to have been a factor as The National Weather Service only disclosed light fog with cloudy conditions, but no rain.

The cause of the crash will remain unknown until the NTSB issues its reports analyzing the pilot's experience, weather conditions, birds or other factors contributing to low visibility. The report will take months to prepare and examiners will be collecting evidence removed from the scene of the crash as well as maintenance records and the chopper's history of recalls, repairs and accidents.

It has been reported that the Bell 206 usually has an older engine which is no longer in use.

Dania Beach Motorcyclist Killed in Accident

Thu, 08 Dec 2011 11:12:26 -0500

A motorcyclist was recently killed in Dania Beach at SW Sixth Street and Federal Highway when a car collided with his motorcycle.

The senior driver and his wife were returning home from dinner in their Cadillac automobile around 6:30 in the evening. The Cadillac was proceeding southbound on Federal Highway and made a left turn onto Southeast Sixth Street in front of motorcyclist which was heading northbound on federal highway. The driver of the car said the motorcycle was speeding.

Currently BSO is still investigating.

This type of intersectional collision is very common in motorcycle death cases. Typically the driver of the car is heading in the opposite direction of the motorcycle. The driver doesn't see the motorcycle as it approaches and the driver makes a left turn directly in front of the bike. Occasionally, there may be a car driving in front of the motorcycle which obscures the view for motorists driving in the opposite direction.

With this type of impact the biker could be seriously injured or killed.

DUI crushes family on Florida Vacation

Mon, 21 Nov 2011 14:10:10 -0500

In August 2009, Roberto Zepka and Elizabeth Manzanilla were on vacation in Florida from their home in North Carolina, but instead of relaxation and enjoyment, the family experienced tragedy at the hands of an allegedly drunk driver who killed their 2 year old daughter and seriously injured their 11 year old son.

Prosecutors say John Molnar, 38, was driving drunk when he slammed into the family's rental car causing the wrongful death and serious injury of the two young children. Molnar has a history of speeding and drinking. In December 1999, Molnar pleaded no contest to charges of disorderly intoxication and resisting an officer. Molnar's blood-alcohol level, according to authorities, measured 0.133 and 0.129 percent, significantly over Florida's legal limit of .08.

Molnar was on his way home when his Cadillac hit a the family's rented car. Isabella, who was riding in a car seat in the rear, was killed.

According to records, Molnar, failed field-sobriety exercises.The Florida Highway Patrol trooper at the scene thought Molnar appeared to under the influence, unable to stand without swaying, staggering, red eyed, speech speech and the smell of alcohol on his breath. Molnar admitted to having drunk one Yuengling beer at a friend's house.

Recently, the family returned to Orlando, on what was supposed to be the day John Molnar plead guilty. Instead, Molnar changed his mind and elected to go trial rather than plea guilty, which was set for May of next year.

Understandably, the frustrated family expressed their opinions as to what they wanted the judge to do to Molnar. "This guy, he doesn't have an idea of what he did to the whole family, to the life of my children," said Manzanilla.

This type of case illustrates the all too common tragedy of DUI. Drivers, often times with a history of DUI or other offenses involving alcohol, can't resist the opportunity to get behind the wheel rather than call a cab. In addition to the criminal penalties, which could involve substantial jail terms, drunk drivers are exposed to civil liability, which includes punitive damages as well as compensatory or actual damages. Frequently, punitive damages far outweigh the actual damages awarded by a jury in a personal injury case.Juries want to send drunk divers a lesson.

Two Deerfield Beach children bitten by Pit Bull

Tue, 25 Oct 2011 10:29:43 -0500

In less than one month, pit bulls have attacked several young children in Deerfield Beach, Florida. The mother of one of the young children attack believes that Broward County should enact a ban against this breed, similar to the one in Miami-Dade County. Miami-Dade's law bans ownership of American pit bull terriers, American Staffordshire terriers or any other dog that exhibits the traits of these breeds.

The inherent difficulty in banning breeds like Pit Bulls is that very rarely are these dogs entirely purebred. Often they are a mix of American Staffordshire terriers with other types of dogs. Pit Bull lovers love to argue that these bans are unfair because they believe the violence these dogs commit is unrelated to the breed, but rather the result of bad owners, the evidence seems undeniable.

One victim this week was riding his bike near his Deerfield Beach home when he was bitten by a pit bull. The boy fled to a playmate's home, where an adult was required to beat the animal off the boy. The young boy suffered a broken arm and wounds on his face and limbs that required at least 30 stitches.

Another child in Deerfield Beach was bitten by a Pit Bull, requiring a neighbor to shoot and kill the dog. Although the child will recover from her physical injuries, the emotional trauma will be much more difficult to overcome.

The Centers for Disease Control and Prevention says on its website that 885,000 Americans seek medical attention for dog bites every year, and that half of them are children. Of the injured, 31,000 require reconstructive surgery, the website says.

Broward County Animal Care and Adoption policy is that if a dog has a previous bite history and bites someone else, it could be euthanized under county law, pending appeal by its owner.

The CDC's website states that Pit Bulls were responsible, more than any other breed of dog, for fatal dog bites to humans.

With each passing year, the problem of Pit Bulls becomes increasingly apparent. Both Broward County and the State of Florida need to find the political will to ban this aggressive breed from our streets and our children.

South Florida dies after falling off yacht

Mon, 10 Oct 2011 15:02:40 -0500

A Miami-Dade man was killed when he fell from the rear diving platform of a luxury yacht and was sucked into the path of the vessel's propellers.

At this time, it has not been determined by Florida Fish and Wildlife Conservation Commission officials whether alcohol was involved or if rough seas played a factor.

This unfortunate accident comes on the eve of the Columbus Day holiday weekend when an annual flotilla of boats of all sizes and types anchor off Elliott Key to celebrate. The partying, together with alcohol and other substances, has resulted in injuries and even deaths over the years.

Various law enforcement agencies, including the U.S. Coast Guard, FWC, Miami-Dade police and fire-rescue units and Biscayne Park National Park rangers will be patrolling the bay and local marinas this weekend on the look out "BUI" -- Boating Under the Influence.

Any boats stopped will be inspected for the required safety equipment, such as fire extinguishers and life preservers, and the operators will be checked for BUI. Penalties include jail and the confiscation of the boat.

South Florida is the boating capital of the world and a lot of boat operators who would never drive under the influence of alcohol don't think twice about operating their boat drunk. These people tend to believe that driving their boat under influence is safer than driving their cars when impaired. Of course, nothing could be further from the truth, but the sad reality is that each hundreds of people are injured or even killed through boater negligence.

Negligent gun shootings increase in South Florida

Tue, 13 Sep 2011 14:49:23 -0500

Negligent gun shootings are on the rise in Broward and Palm Beach counties. Negligent shootings involve the unintentional discharge of a firearm. These typically occur when a loaded gun is not adequately secured and children or adults unfamiliar with a firearm get their hands on the gun which fires. The overwhelming majority of these incidents are easily preventable.

Since last year, nearly a dozen shootings have occurred resulting in serious injury or death which marks a dramatic increase over past years.

One of the most tragic stories involves a Deerfield Beach father who left his loaded gun in his pickup truck where his 10-year-old son discovered it and fatally shot his 11-year-old brother.

In the vast majority of negligent shootings, unfamiliarity with the firearms by the owner was the root cause. Many gun owners fail to understand that with semi-automatic weapons, even though the magazine which holds the bullets is removed from the gun, a bullet can still be in the chamber and can be fired if the trigger is pulled. In addition to simply a lack of knowledge regarding gun safety, every new hand gun sold today comes with a trigger lock which, if used, would have prevented all of the South Florida tragedies.

In each of these negligent shootings, the owner exhibited a lack of common sense. As long as the discharge of the firearm was not intentional, the victim of these shootings may recover from the gun's owner home insurance policy under a theory of negligence. If you or a loved one has been injured by the accidental discharge of a gun, you need to be aware of the possibility that you may be able to recover for your damages.

Broward County deadly car crashes

Tue, 06 Sep 2011 15:26:06 -0500

According to the Florida Department of Highway Safety and Motor Vehicles, for the year 2010, automobile fatalities fell into the following categories:

Careless driving, 26

Failed to yield right of way, 13

Exceeded safe speed limit, 11

Broward County Driving under the influence of alcohol, 10

Improper lane change, 5

Disregarded traffic signal, 4

Driving on the wrong side or wrong way, 4

Followed too closely, 4

Improper turn, 3

Exceeded posted speed limit, 3

Driving under the influence of drugs, 2

Disregarded stop sign, 2

Failed to maintain equipment/vehicle, 1

Driving under the influence of alcohol and druge, 1

Drove left of center, 1

Ran off roadway, 1

Over-correcting/Over-steering, 1

Other, 71

Settlement in Taser Death Suit

Thu, 25 Aug 2011 10:00:57 -0500

A federal judge in Bay City, Michigan, recently approved a $1 million settlement in the wrongful death suit filed by the family of a Bay City teen filed by his family. The wrongful suit was filed in December 2009, following the death of 15-year-old boy died when Bay City police used a Taser to subdue him.

The autopsy showed the teen died of "alcohol-induced excited delirium" together with "application of an electromuscular disruption device." Officers claim the teenager was drunk and displayed an aggressive stance toward them when they were responding to reports of a fight. No charges were brought against the officers.

People often assume that since Tasers are less lethal than guns, that they are relatively safe to fire at people. In fact, Tasers have been involved in a number of deaths.

Because of the potential for serious injury and death, Tasers may result in wrongful death cases in the context of a civil rights action against law enforcement or even a civil lawsuit against a private party for assault and battery.

Google Robotic Car Rear-ends another vehicle

Wed, 10 Aug 2011 16:06:00 -0500

As you may know, Google has been experimenting with cars that can actually drive themselves without human assistance using Google's map applications along with other hardware like video cameras, lasers and radar to have a driverless car. One of Google's self-driving cars was involved in a rear-end collusion in California. As expected, critics are now questioning the safety of these vehicles.

Google asserts that at the of this accident, the car was not driving itself but was, in fact, operated by one of its employees. "Safety is our top priority. One of our goals is to prevent fender-benders like this one, which occurred while a person was manually driving the car," said a Google spokesperson, noting that its self-driving cars have traveled more than 160,000 miles autonomously without incident.

This minor accident brings into focus the question of when will computer technology be sufficient to replace the judgment exercised by humans beings when they drive. Now, we have GPS's which guide us to our destination, cruise control and active warning systems to alert us when somebody is in our blind spot. While the technology to replace human drivers is not yet here, it is not inconceivable that this will be coming in the not to distant future.

Nevada will become the first state in the nation to pass legislation legalizing driverless vehicles after considerable lobbying by Google. Nevada's DMV is working on a series of regulations regarding self-driving cars, including requirements for insurance.

Certainly self-driving cars present the promise of reducing accidents from human error but until that day occurs, we will all be surrounded on the road by human drivers using their cell phones, blasting their radios, and distracted by all sorts of outside stimulii. Accidents due to driver negligence will occur and many of these drivers will not have liability insurance.

While the Bible tells us to err is human and to forgive is divine, we should all think about what happens if we or a loved one are seriously injured through the negligence of a driver who has not purchased insurance. The only way to protect you and your family from the financial consequences of this scenario, is to purchase uninsured motorist (UM) coverage from your insurance company. UM is not required by the State of Florida and is typically not included in your insurance policy when your agent sells you "full coverage." You need to specifically ask your insurance agent for UM coverage when you purchase insurance or you will probably be out of luck if you get hit by an uninsured human driver.

Paris Hilton's kid brother owes $5 Million to Gas Station Employee

Mon, 01 Aug 2011 16:17:58 -0500

A Los Angeles jury has ruled that Barron Hilton (Paris's little brother) is responsible for almost $ 5 million dollars in damages to a gas station attendant he struck with his car in 2008. Earlier that same day he was arrested for drunk driving.

Fernando Tellez claims he was severely injured and underwent several surgeries and medical procedures after 18-year-old Barron collided him with his Mercedes-Benz as he pulled into a Pacific Coast Highway gas station.

Before his accident with Tellez, Hilton was was arrested for DUI after his blood-alcohol level registered 0.14, well above California's legal limit. Witnesses also said Barron Hilton was driving the wrong way down the highway for miles just before crashing into Tellez.

In the DUI proceeding, Barron pleaded no contest and received three years' probation.

According to the Los Angeles Times, the $4.6 million judgment covers pain and suffering, medical expenses and loss of earnings. Additionally, Hilton must also pay $225,000 in punitive damages and almost $71,000 in interest.

Barron was unavailable for comment. According to his Twitter page, the day the jury rendered its verdict, he was vacationing in the Hamptons.

Apparently the jury was unimpressed with Barron's family background. Instead of showing his concern for the judicial process and the victim of the accident, Barron took off to the Hamptons. Looking at the amount of the verdict and the fact that it involves punitive damages, it appears that the jury was trying to send young Barron a message. I can't help but wonder if Barron got it.

Florida insurance companies seeking massive rate increase

Mon, 18 Jul 2011 14:55:31 -0500

Two subsidiaries of Allstate Insurance Company, Castle Key Insurance Co. and Castle Key Indemnity, will request permission from the State Office of Insurance Regulation to increase their rates in the amounts of 31 and 36 percent respectively a state hearing. The net effect will be that homeowners insuring their homes with these companies will see a huge increase in their premiums.

Castle Key Insurance and Castle Key Indemnity insure over a quarter of a million households in South Florida.

Florida law requires the Office of Insurance Regulation to conduct hearing to approve rate hikes that exceed 15 percent. State regulators have 90 days after an insurance company's request, to increase to reject it, approve it, or approve a smaller increase.

Given the current political climate in Tallahassee and in particular, Governor Rick Scott, you can expect these insurance companies to get what they want. The unfortunate reality is that the governor is more concerned with the profitability of insurance companies in Florida, than he is with Florida's citizens who can barely afford to purchase insurance now under the current rate structure.

Some one needs to tell these insurance companies: "No." But don't count on our governor to protect consumer interests.

Carnival passengers must sue cruise line in South Florida

Thu, 16 Jun 2011 10:48:32 -0500

An Indiana appeals court has upheld the South Florida "small print" venue provision buried in a Carnival Cruise Lines' ticket. A woman filed suit against Carnival in her home state of Indiana alleging that as a cruise passenger she became ill because the Carnival ship she was on was going too fast.

Doris Beard sued Carnival claiming "due to the speed of the ship I became very sick, my body swayed terrible on the ship I had bleeding, which I had not has [sic] in three years. The ship was moving so fast everyone on board became sick, even the workers," according to a court document.

Carnival's attorneys requested that the case be dismissed based on the "small print" venue clause in its ticket, contending that lawsuits against the company by passengers are required to be filed South Florida, where the cruise line is based.

Although the cruise line's motion was denied by the Indiana small claims court, the Indiana Court of Appeals reversed the decision finding that the small claims court "erred." The end result is that the woman can re-file her lawsuit in South Florida, assuming that she is still within the one-year statute of limitations.

Most cruise lines, particularly those based in South Florida departing from the Port of Miami or Port Everglades in Fort Lauderdale, have provisions for venue and the statute of limitations printed in their tickets. Frequently, this language is buried somewhere in the middle of the ticket in fine print with language straight out a law school text book.

"Venue" is the legal term for where a lawsuit must be filed and a "Statute of Limitations" deals with the time period in which a passenger must file suit. Carnival's ticket limits venue to the federal court in South Florida and has a one year statute of limitations. The courts have enforced these provisions, which can be quite onerous for a passenger seeking legal redress against Carnival for injuries or damages, particularly when they are living out of the South Florida area. This impediment is the intended effect of incorporating this language in small print buried somewhere in the ticket.

Teens arrested for South Florida boating accident

Wed, 08 Jun 2011 13:08:08 -0500

Two 16-year old boys operating a boat were arrested and booked into the juvenile assessment center in connection with a boating accident that resulted in a teenage girl losing a part of her leg earlier this year. According to the Palm Beach County Sheriff's Office report, the boat motored into a restricted swimming area within 500 feet of the Juno Beach fishing pier. The boys disregarded horns and signals from lifeguards.

The juveniles, whose names were not released, were both charged with leaving the scene of an accident with injury, reckless operation of a vessel and culpable negligence in the February 5th crash that injured a 15-year-old girl.

The girl and her two friends were in the water south of the Juno Pier when the boat approached. As she was trying to climb on board, the driver throttled the motor, in an apparent attempt to keep the boat from getting beached, according to an eyewitness.

The boat struck the girls, knocking them over, and the girl's leg was struck by the propeller. Doctors were later forced to amputate part of her right leg.

After the injury, the boat left the scene and the boys made no attempt to notify any law enforcement agency, the report stated.

Teenage boys and power boats make a dangerous combination. They often lack the maturity to handle the horsepower at their fingertips and are oblivious to the potential for danger. Parents frequently hand over the keys to the family boat with out making sure that their children have the training necessary to safely operate these vessels. As a result, boating accidents involving minors are an all too unfortunate occurrence in South Florida.