Florida Personal Injury Attorney Blog

In a vote of 3-2, the town council for the City of Davie, Florida approved the use of red light cameras within their city limits. As I wrote about this issue previously, the implementation of red light cameras is highly controversial. The controversy exists because there really is no credible evidence that the use of red light cameras actually decreases traffic accidents. On the contrary, the studies appear to prove the exact opposite, that red light cameras increase intersection collisions.

As long ago as 1995, the Australian Review Board conducted a study comparing the use of red light cameras with the number of traffic accidents. This study analyzed the long term effect on accident-types of red-light cameras at 41 intersections in Melbourne, Australia. The cameras were installed in 1984, and reported accidents for the period 1979 to 1989 were used in the detailed analysis. The study concluded the following:“The results of this study suggest that the installation of the RLC at these sites did not provide any reduction in accidents, rather there has been increases in rear end and adjacent approaches accidents on a before and after basis and also by comparison with the changes in accidents at intersection signals.”
“There has been no demonstrated value of the RLC as an effective countermeasure.”

In 2007, the Virginia Transportation Research Council issued a report which also showed an increase in traffic accidents. The study concluded: “After cameras were installed, rear-end crashes increased for the entire six-jurisdiction study area… After controlling for time and traffic volume at each intersection, rear-end crash rates increased by an average of 27% for the entire study area.”“After cameras were installed, total crashes increased.”

In 2001, the office of U.S. Congressman Dick Armey uncovered a very interesting fact when performing their own analysis of the issue. Representative Armey’s office found that the author of those studies that advocated that red light cameras improved traffic safety was the very same man who invented the device and stood to profit from its widespread acceptance and implementation. This study concluded: In short, the only documented benefit to red light cameras is to the pocketbook of local governments who use the devices to collect millions in revenue.”

I have to agree with Representative Armey’s conclusion. Because of the devastating impact that our economic recession is having on local governments, local governments appear to be looking for any way to increase revenues. However, the implementation of an idea that will actually increase traffic accidents is extremely shortsighted, in that an increase in traffic accidents will place an additional monetary strain on police and fire rescue units who are required to respond to an accident scene.

Continue reading "City of Davie Approves Red Light Cameras" »

If you have a previous injury that is aggravated after a car accident in Florida, what are your rights? Can you collect damages for medical bills incurred even though you already have a pre-existing condition? Can you collect ongoing payments for your long-term injury if it gets worse as a result? Only an experienced personal injury lawyer can help you figure out what is rightfully yours and fight the insurance companies to get it.

Many people suffer from pre-existing conditions at the time of an accident. Common injuries that can be aggravated by such an event include: arthritis, head and neck injuries, back injuries (herniated disks, bulging disks, spinal cord injuries, etc.), knee and hip injuries and more. Sometimes, though, an insurance adjustor will claim that your pre-existing condition precludes you from receiving compensation for your injuries.

Making Your Case Stronger
Generally speaking, the driver who is at fault for an auto accident is liable for paying for medical bills, lost wages and/or pain and suffering caused during the collision, even for people with pre-existing injuries. Proving new aggravation of old injuries can be tricky, though, and there are a few things you can do to improve your chance at recovery:

- Be sure to seek medical attention right after an accident.
- List all pre-existing conditions with your doctor or medical professional immediately after an auto accident.
- Carefully document all of your symptoms, doctor’s visits and other medical attention received after the accident. This documentation can help distinguish old health problems from new ones caused as a result of the accident.

Contact a lawyer as soon as you’ve been in a car accident. The insurance companies may offer you a settlement or they may deny your claim altogether. The only way to know if you’re getting what is fair is to speak to a legal professional today.

In Florida, drivers must carry a minimum amount of car liability insurance because it is a “no-fault” state. This means that no fault is assigned to drivers when accidents occur and insurance companies automatically pick up expenses for medical bills and lost wages, up to the policyholder’s limit. However, the no-fault rule does not apply when it comes to paying for the car’s repair after an accident.

This means that insurance claims for car repairs are still based on fault. So, at the scene of a crash, it is vital that you never acknowledge your part in the accident (if any). Insurance adjustors can use this information against you to deny you benefits. Instead, simply exchange information and allow your insurance company to deal with the investigation. Similarly, be sure to make note if the other driver admits fault in the accident, as this information can be used to strengthen your case as well.

If you have talked to your insurance company and the insurer of the other driver and are getting nowhere, it’s time to hire a reliable auto accident attorney. An attorney can file the necessary documents to get the insurance company to pay. They can also expedite the process if you’re having trouble getting straight answers on your own. Although Florida is a no-fault state, there is still plenty of room under the law to fight for the compensation you deserve.

If you’ve ever been involved in an auto accident in Fort Lauderdale, you know how scary the experience can be. In the moments just after a collision occurs, most people are in shock for a few minutes and many people aren’t sure of the steps they should take immediately after a crash. Here’s a list of auto accident basics that can help you expedite the claims process:

1. Stop your vehicle. Never flee the scene of an accident, even if it wasn’t your fault.
2. Check for injuries to yourself and your passengers. Call 911 immediately if anyone is hurt in your vehicle. If you can move safely, check the driver/passengers of the other vehicle(s) as well to see if they need emergency assistance.
3. Call the police if the accident is serious or if it is a hit and run. Minor fender benders don’t need police attention in most situations.
4. Exchange information. Regardless of fault, you have to exchange information with the other driver(s). Be sure to provide and receive names, phone numbers, addresses, license plate numbers, insurance information and driver’s license numbers. Get contact information from witnesses as well.
5. Document the scene and the damage. Use your cell phone camera or a digital camera to take pictures of all vehicles at the scene or as soon as possible. Take note of the weather conditions, the other driver’s car and any other pieces of pertinent information.

After you’ve taken these steps, contact your insurance company and report the accident. Also, be sure to seek medical attention for any injuries you may have received. This step is a crucial part of your personal injury case against another driver who is responsible for your injuries. Be sure to call a Fort Lauderdale personal injury attorney to handle your case. Insurance companies will work hard to deny you adequate coverage and an experienced lawyer can help you recover damages for your injuries.

The Sun Sentinel reported on December 1 that an investigation is underway surrounding an incident just before Thanksgiving.

On November 25, a 62-year old pedestrian was struck by a car in Fort Lauderdale. Anostrave Benjamin is reported to be in critical condition at Broward General Medical Center. According to the story, a white Dodge Neon struck Benjamin while he was crossing West Sunrise Boulevard at Northwest Fourth Avenue Lauderdale. Though not much is not known about the vehicle, police stated that the Neon was missing hubcaps and had tinted windows.

We have discussed many stories about pedestrian accidents on our blog. Attention has grown due to incidents such as this, and staggering statistics which show that 502 pedestrians were killed in Florida in 2008. Despite the drop in fatalities over the past four years, it’s stories like this that remind us to be careful when crossing the streets in the major metropolitan areas of South Florida, especially during the holidays.

If anyone has information regarding this incident, police have asked that you call Fort Lauderdale Traffic Homicide Investigator Cheri Creque at 954-828-5825 or Broward County Crime Stoppers at 954-493-8477.

Pedestrians may want to think twice before taking a stroll in South Florida. According to NBC Miami, a study by Transportation for America showed that Florida is the least safe state in the country for pedestrians and bikers. The Miami-Fort Lauderdale-Pompano Beach area ranked 3rd overall, with the Orlando-Kissimmee area and the Tampa-Clearwater-St. Petersburg area beating out South Florida. Jacksonville was ranked 4th.

The study and the report by NBC note that much of the problem may be due to infrastructure. Florida is constantly growing and the truth is that our cities may not have been prepared for such growth. State highways throughout the country have widened, and state governments have put sidewalks and bike lanes on the back-burner to accommodate traffic.

However, the study also notes budgetary spending might be an issue. According to the study, no state uses more than five percent of federal transportation funds on pedestrian-friendly mechanisms such as crosswalks, sidewalks and speed humps.

Our state must act quickly because the numbers are high and, without attention, will continue to rise. In Florida, there are 3.02 pedestrian fatalities for every 100,000 people while the U.S. average is 1.26 people, according to Transportation for America. Over 16 percent of traffic deaths in Florida involved pedestrians, yet only 1.5 percent of state funds are used for bicycle and pedestrian projects.

With straining state budgets throughout the country, there are no guarantees that our legislature will be able to implement more safety measures without more resources. It is up to us as drivers to promote safety in all of our cities.

About a month ago, 17-year-old Rodolfo Rojo of Bay Harbor Islands was killed in an auto accident around 2:30 a.m. when he and his friends were riding their bikes on Biscayne Boulevard near 113th Street in Miami and Rojo was struck by a vehicle.

To honor Rojo, Critical Mass, an event in which cyclists gather in a large group to promote bicycle safety and awareness, dedicated their Friday bike ride in his memory. According to an article in the Miami Herald, the bike ride will proceed along the same route where Rojo was killed and parents and friends will leave a white painted bike with a plaque.

This is another unfortunate story pointing out a major problem with cycling fatalities in South Florida. According to the article, Florida has the highest number of fatalities in the U.S. Bicycles are classified as vehicles and cyclists have rights. Though they are required to have front and back lights when riding at night and cyclists and drivers must observe safety laws, a lack of bike lanes on Miami’s busy streets and growing numbers of bikers leaves many people concerned.

It is obvious that more action will need to be taken to ensure cyclist safety, focusing on both the driver and the cyclist’s observance of the law.

On the day after Thanksgiving, commonly known as Black Friday for shoppers, both sports and news networks throughout Florida and the U.S. that Tiger Woods was involved in an auto accident. According to original reports, including report by WSVN Fox News in the Miami/Ft. Lauderdale area, Tiger Woods was seriously injured in an auto accident and taken to Health Central Hospital.

The crash occurred near Woods’ Windermere home when he pulled out of his driveway and hit a fire hydrant and tree with his Cadillac SUV, according to the Orlando Sentinel. The Florida Highway Patrol stated that the accident was not alcohol-related, although charges are pending.

Thankfully, further updates reported that the airbags in Woods’ vehicle did not deploy because the vehicle was traveling at less than 33 miles per hour. Furthermore, Woods was released from the hospital and it is likely that he only suffered facial lacerations. Spokespersons for Woods said that he was okay and in good condition.

Traditionally, we will see a noticeable increase in auto accidents during the holidays. Thanksgiving had the highest numbers of fatalities in Florida with 52 fatalities, almost half of which involved alcohol. This is likely due to the fact that Thanksgiving involves a longer weekend than New Year’s Eve or the Fourth of July and as it is a more family-oriented holiday, we see more travelers on the road. South Florida is particularly susceptible to increased accidents and traffic due to our warm weather throughout the winter.

While the story continues to develop, we wish Tiger Woods a speedy recovery and we urge that everyone drive safely and responsibly during the holidays.

Several publications in South Florida have reported on an auto accident last week in Fort Lauderdale in which a car was stuck on the tracks and hit by a Tri-Rail commuter train. Two women were killed in the accident while another passenger was seriously injured.

However, as a recent article in the Sun Sentinel showed, this is not the first auto accident with a train. Unfortunately, as the article noted, South Florida has a very high incidence of train accidents. For example, along with the recent accident in Fort Lauderdale, a similar accident occurred recently in Pompano Beach in which a train struck a car, killing one woman and injuring another.

The article listed five other accidents lthis past year alone, involving both Amtrak and Tri-Rail trains. The accidents were spread throughout the South Florida area, in cities such as Pompano Beach, Deerfield Beach and Boynton Beach. Most of the incidents involved a collision with a car which was stuck on the tracks at a railroad crossing and involved serious injury or death.

It is difficult to pinpoint the cause for this high rate of accidents. Many organizations, such as Operation Lifesaver, were established to educate people on the issues and to prevent these accidents. As stated by Operation Lifesaver, statistics from the Federal Railroad Administration show that there were 2,391 highway-rail crossing collisions last year. Florida ranked 9th among the Top 15 states with 75 collisions, while the highest ranked state, Texas, had 228 collisions.

Despite efforts to educate, the problem persists in South Florida. In the wake of increased cell phone usage while driving, growing impatience of drivers during rush-hour traffic and increased dependence on public transit during tough economic times, changes must be made by drivers, regulating bodies, train companies and the cities which rely on must take action to ensure the safety of drivers, pedestrians and passengers.

It is important that drivers take it upon themselves to be proactive and use proper safety procedures to ensure the safety of themselves and their passengers. Following are seven steps recommended by Operation Lifesaver which should be used by all drivers of motor vehicles when approaching and crossing train track intersections:

1. Approach crossing with care. Slow down when you see an Advanced Warning Sign.

2. Prepare to stop. Turn off fans and radio, roll down windows.
Look and listen for a train.

3. Stop at least 15 feet from nearest rail, but not more than 50 feet, if you see a train.

4. If it won’t fit, don’t commit. Trains extend beyond the width of the rails at least 3 feet on each side. If your vehicle has a trailer, remember the additional length.

5. Double check, back left and right. Before you move look in both directions.

6. Cross tracks with care. If your vehicle has a manual transmission, use a gear that will not require shifting until you reach the opposite side.

7. Keep going once you start, even if lights start to flash or gates come
down.

We have posted about bicycle accidents in the past, noting our concern as the statistics show that eight cyclists were killed in Palm Beach County alone last year, and a total of 118 bicyclists were killed last year in Florida.

In light of the dangers cyclists face every day, bike groups are taking a stand to ensure the safety of their groups and of all cyclists in the South Florida area. Along with ensuring that their groups follow traffic laws and erecting safety signs, these groups are working with local authorities to ensure that uniform bike laws are enforced and that motorists follow theses traffic laws while keeping the safety of cyclists in mind.

Part of this movement is a campaign called “Ride Right, Drive Right”, an idea by Broward resident and founder of cycling group zMotion Pat Patregnani. According to the Sun Sentinel, Patregnani came up with the campaign after an incident in August in which a cyclist and motorists were involved in an altercation. The hope is that the campaign will educate both cyclists and motorists, encourage patience and sharing of the roads and prevent bicycle and auto accidents. Groups such as zMotion, the South Florida Bike Coalition and the Boca Raton Bicycle Club have all done their part, requiring their members to ride in small groups and in single file.

The campaign also includes signs designed to notify motorists of laws such as giving a cyclist three feet of clearance when passing them. The signs will be posted along State Road AIA in Palm Beach County and the Department of Transportation will review the signs. Hopefully, this campaign, along with efforts by cyclists, motorists and the police will encourage both groups to share the road and work together to prevent accidents and injuries.

The Sun Sentinel reported that the Miami-Dade school board passed a ban on Tuesday which disallows bus drivers from using their cell phones. The ban also includes other district employees who use district-owned vehicles. However, the ban does not include school police officers.

This is just another case of a South Florida city cracking down cell phone usage while driving, as we have already seen a similar ban on texting in Parkland, Florida. The report noted that 19 states have banned texting while driving and six states require every driver to use hand-held devices if they are making a phone call. According to the Sentinel, there are some experts who think distracted driving is more dangerous than driving while under the influence of drugs or alcohol. While Florida does not have any official laws on the books yet, Rep. Doug Holder of Sarasota has been very active in pushing for legislation on this issue.

School buses safety is a major concern for parents. According to the National Coalition for School Bus Safety, over 22 million kids around the country ride the bus. A 2002 National Highway Traffic Safety Administration study showed that school buses were involved in over 26,000 crashes, which resulted in almost 1,000 incapacitating injuries. Earlier in October school buses caught everyone’s attention in South Florida when a man in Tequesta, Florida was struck and killed by a school bus.

In our practice we encounter the issue of cell phone use while driving on a daily basis. It is a fact that distracted driving causes accidents and accidents can cause serious personal injuries to those who are unfortunately involved in these accidents. Please contact our offices if you or someone you know has been injured in an automobile accident so we can protect your rights.

We have followed the red light camera issue in South Florida for some time now. From our posts about the red light cameras in West Palm Beach to the cameras in Pembroke Pines, the use of red light cameras by cities to prevent auto accidents has become a hot topic.

This week, the Sun Sentinel reported that the city of Pembroke Pines is now under fire in a class action lawsuit for the use of the red light cameras. According to the story, the city has delayed the installation of five more cameras.

Drivers say that the cameras are a violation of equal protection and due process and that under state law, local governments cannot regulate stop lights. They point out that the cameras only punish the owner of the vehicle, not the driver, and that the only form of appeal is through a magistrate who works for the city. Drivers also feel that in spite of the city’s stance that the cameras are being used for driver safety and to prevent auto accidents, the primary goal is to generate revenue during the current financial crisis. The cameras have already sent out over 1,500 citations which have generated about $90,000.

We noted in our post about the Obama administration that the President and his cabinet are taking a strong interest in vehicular safety and passing laws to outlaw distracted driving. Several other cities, such as Aventura and West Palm Beach, have also installed red light cameras, so the question now is whether the cameras will last and what kind of precedent will decisions in these cases set for South Florida, the rest of the state, and even in other states facing the same questions. In any case, it is likely that whether or not the cameras survive in Pembroke Pines, this will not be the last that we hear about red light cameras.

The Miami Herald reported this week that NFL legend Lawrence Taylor was arrested on Sunday night for leaving the scene of an auto accident in Miami-Dade. The 50-year-old former New York Giants pass rusher was released around 9:57 p.m. on $500 bond.

The crash occurred around 6:30 p.m. on the Palmetto Expressway at Northwest 103rd Street when Taylor hit a 1984 Ford van, tearing off the front tire of his Cadillac Escalade and sending the van spinning in front of the Escalade. According to authorities, he drove about two miles on his axle before pulling off to the side of the road. Police spotted Taylor outside of his car on his cell phone. He told police that he thought he hit a guardrail.

Taylor is an NFL Hall of Famer, known for his power and tenacity as a linebacker for the New York Giants. He has considered by many as one of the greatest defensive players of all time and is no stranger to the limelight. Taylor has acted in films such as The Waterboy and Oliver Stone’s Any Given Sunday, and recently competed in the eight season of ABC’s popular dance show Dancing with the Stars. He owns a house in Pembroke Pines, Florida.

Though his successful career in the NFL was at times marred by admitted drug use and arrest for possession, Lt. James Durden of the Florida Highway Patrol said that Taylor showed no signs of impairment and was not given a sobriety test. Thankfully, no one was injured in the auto accident.

South Florida drivers and motorists around the country can look forward to a new innovation in seat beat technology by Ford Motor Co. Ford will introduce a seat belt-mounted air bag in its 2011 Ford Explorer back seat and, according to Ford, will be the first automaker put this technology in mass production.

According to a recent article on Yahoo Auto, the air big fits in a pocket in the seat belt. The car sends a signal to release the bag, which inflates with cooler air and more safely as compared with front air bags. The air bags are particularly situated for the safety of children. A Ford engineer responsible for its development, which has been in the works for a decade, claims that the seat belt provides even distribution across the chest, providing less chance of injury and support to the head and neck.

The New York Times reported that along with the seat belt, Ford hopes to use this and other safety features to attract new customers. Ford also has developed MyKey, which allows parents to put restrictions on their teenage drivers, radar-enable cruise control and systems for hands-free mobile phone and audio operation.

However, Ford will have obstacles to overcome. In “Ford Defective Switch Recall to Add Over 4 Million Vehicles” we reported the automaker coming under fire due to a product defect in the cruise control switch of some of its vehicles. The New York Times also noted that a survey from Carmax showed that consumers rank safety fifth out of six factors they consider the most important when purchasing a vehicle. The Yahoo Auto report also noted that belt usage in the back seat is only at a 60 percent, while overall usage of seat belts is 83 percent.

Though Ford admits the technology is expensive, their hope is to make the seat belts available as an option particularly geared towards families with small children. The price may come down if the technology expands to Ford’s other vehicles. We hope that automakers continue to develop technology in driver safety to make cars safer for everyone.

Changing lanes without signaling, running red lights, driving too slow on I-95: those of us who drive every morning on the streets and highways of South Florida are familiar with these displays of bad driving. These are the very acts which lead to the many auto accidents we see every day on the way to work. However, a new study shows that the reason for such bad driving may partially lie in the variations of our genes.

According to the Sun Sentinel, a study from the University of California, Irvine, linked a gene variation among individuals, which gives them less of the brain protein related to memory retention, to performance levels in a driving simulation 20 percent worse than individuals with higher levels of the protein. However, the study noted that this was only one factor in bad driving, and that 1 in 3 people have the gene variant.

The study, led by Dr. Steven Cramer, put 19 volunteers, ages 18 to 30, in a driving simulation. The results showed that drivers with the gene variant which limits the level of secretion of the protein brain-derived neurotrophic factor (BDNF) performed worse on the simulation and were not able to retain as much information about the simulation as the volunteers with higher levels of BDNF.

Dr. Cramer hopes that the study could help victims of auto accidents who suffer memory loss or brain trauma. However, others are hesitant to attribute bad driving to genetics.

Outside forces, such as failing to comply with the rules of the road, alcohol/substance abuse, rush-hour traffic and distractions are still the predominant causes of auto accidents, especially in busy South Florida cities such as Miami and Fort Lauderdale. Hopefully, however, more studies such as Dr. Cramer’s will continue to explore the inherent factors and ultimately point us toward solutions so that we can promote safe driving.

In August, we posted “Red Light Cameras: A Violation of Florida Law?” where we discussed the city of Pembroke Pines and its decision to install red light cameras at intersections. As we stated in the post, more and more cities in South Florida will be following the trend which many feel will prevent auto accidents.

This week, CBS 12 News in West Palm Beach reported that city officials decided that red light cameras will be used to encourage safe driving and monitor the streets. Currently, there is a 90-day probation period where only a warning will be issued to drivers. After that, drivers will receive a $125 fine in the mail, which officials say the money will go towards traffic programs. The civil infraction will not add points to your license.

Much like in Pembroke Pines, there are drivers are on both sides of this issue. Peter Robbins, a public information officer with West Palm Beach, stated that accidents involving red light-running are the number one types of accidents in urban areas, and that studies show that the cameras help prevent those accidents.

Other drivers, however, see the cameras as an invasion of their privacy. They also question the legality of the cameras, saying that they are a violation of their constitutional rights and merely a way for cities to raise money. In “Red Light Cameras,” we discussed how traffic laws in Florida must be uniform across the state, that variations violate state law, and the legal concerns our governor had about using red light cameras. We also discussed how cities are getting around those concerns. Be that as it may, city officials, who are aware of the likelihood of a class action lawsuit, feel that the red light cameras will stand.

By now, all of us have heard of and are following the story of the Northwest Airline pilots who earlier this month overshot their arrival to Minneapolis by 150 miles. The pilots notified investigators that they were distracted because they were using their laptops to organize crew schedules.

In a recent Sun Sentinel article, it reported that in light of the Northwest fiasco, Transportation Secretary Ray LaHood stated that the Obama administration will now expand its efforts in distracted driving to flying. According to LaHood, FAA Administrator Randy Babbitt is considering whether a uniform ban on use of electronic devices such as laptops during flight is in order.

As the article noted, lawmakers have expressed interest in tackling the issue of distracted driving. In September, LaHood held a summit on distracted driving, inviting researchers, regulators and other experts.

So what does this mean for South Florida drivers? We have already felt the effects of the push for banning electronic devices, as we noted in “South Florida City Bans Texting while Driving” and the Cell Phone Use section of our blog. With the White House concerned about the issue, we will likely see many changes which may have a dramatic effect on the litigation of auto accidents and aviation accidents in South Florida.

At the other side of the issue, however, is the concern for a driver’s autonomy and personal freedom while on the road. Our post entitled "Does Cell Phone Use Cause Florida Accidents?" recognized that this is a position which many people take on the electronic device issue.

Ultimately, we hope that as more developments in cell phone usage unfold, the determining factor in future legislation will be to maintain the safety of both drivers and pedestrians.

A 10-year old boy was struck by a van on Tuesday, October 20, in Weston, according to the Broward Sheriff’s Office. The Sun Sentinel reported that the boy was riding his bicycle when a van hit him on the 4400 block of Foxtail Lane.

Apparently, the bicycle accident occurred when the boy was crossing the street when he rode into the path of the van. He was taken to Joe DiMaggio Children’s Hospital in South Florida, where he was treated for non-life threatening head injuries. It is important to note that the victim was not wearing a helmet.

We’ve noted in several previous postings that riding a bicycle can be a very dangerous activity in South Florida and that drivers need to be more cautious to avoid accidents with bicyclists. However, the wearing of a helmet is a basic safety measure that should never be overlooked, especially in the case of children. According to the Bicycle Helmet Safety Institute, riders who don’t wear helmets are 14 times more likely to be involved in a fatal crash then those who wear helmets, and head injuries account for over 60 percent of bicycle-related deaths. Anywhere from 45 to 88 percent of a bicyclist’s brain injuries can be prevented by wearing a helmet.

Parents need to be especially careful when their children go riding and insist that their children always wear a helmet. Another safety precaution that would help to decrease the number of bicyclists injured would be to avoid areas of heavy traffic to minimize the risk of injury.

Our firm specializes in and has been handling accident cases for over 19 years, Therefore, if you or your loved one have been injured in an accident, please contact our office. We are here to answer any of your your questions and concerns.

On Saturday, October 17, a bicyclist was struck from behind by a pickup truck in Boca Raton near Palmetto Park Road and Shorewind Drive. Police identified the bicyclist as Elizabeth Victoria Stewart of Tamarac, Florida, according to the Sun Sentinel. She was pronounced dead at Delray Medical Center.

This tragedy adds to the growing list of bicycle injuries and fatalities from auto accidents, and to the concern many South Florida residents have about the general safety of bicyclists. The Sun Sentinel noted numerous bicycle fatalities like this which have occurred in Palm Beach County this year, including: a Pompano Beach man killed in a hit-and-run crash in September, a 17-year-old hit during rush hour in Boynton Beach in March, and a 12-year-old hit by an SUV in West Palm Beach in April.

Eight cyclists were killed in Palm Beach County last year, and 333 were injured, while 336 were injured in 2007. Palm Beach County has a higher fatality rate than Miami-Dade and Broward, according to the Sun Sentinel.

Bicycle advocates are very concerned and calling for more safety programs to prevent injuries and fatalities. Based on the statistics, it seems that bicycle safety is a legitimate concern and more needs to be done to ensure the rights and the safety of our citizens.

Last week, Ford Motor Company announced its biggest recall in historry due to a product defect which covered about 14.3 million vehicles. The Sun Sentinel has reported that Ford will add 4.5 million more vehicles to the list.

The recall came when Ford found a defect in the cruise control deactivation switch, manufactured by Texas instruments . According to the National Highway Traffic Safety Administration, the switch can leak hydraulic fluid and can overheat, creating the risk of fire even if the ignition is turned off or the car is parked.

Ford anticipates recalling about 1.1 million of its Windstar minivans from 1992-2003, according to CNN. The other 3.4 million vehicles from the Ford, Lincoln, and Mercury lines with the same switches will be recalled due to a risk of fire.

CNN also reported that the following models as those included in the added list of vehicles: 1995-2003 Windstars, 2000-2003 Excursion diesels, 1993-1997 and 1999-2003 F-Super Duty diesels, 1992-2003 Econolines, 1995-2002 Explorers and Mercury Mountaineers, 1995-1997 and 2001-2003 Rangers and 1994 F35 motorhomes.

Ford will being notifying owners by the end of the month about the recall, and also warns that drivers who own Windstar minivans from the years 1992-2003 should park their vehicles outdoors.

Continue reading "Ford Defective Switch Recall To Add Over 4 Million Vehicles " »

On Friday, October 9, two men were killed in a car accident on the Palmetto Expressway near NW 122nd street in Hialeah, Florida. According to the Miami Herald, the auto accident occurred at about 4 a.m., pinning one man under a boat and leaving another driver dead. Heavy traffic problems resulted.

According to the Florida Highway Patrol, a Ford pick- up truck, towing a boat, pulled over on the shoulder and a red vehicle pulled off in front to help. While the men were underneath the boat, a Chevy Malibu went out of control and hit the boat, which fell on the men, killing one. Apparently, the second man ran in the red vehicle was frightened and drove off.

The driver of the Malibu was also killed, while the passenger in the Malibu was taken to Jackson Memorial Hospital in Miami. Police are still investigating, and FHP has determined that the boat and the truck were stolen. The police also found a bag of marijuana near the Chevy and three bags of a substance which they are testing for cocaine.

Our blog posting entitled “Florida Auto Safety: Move Over Law Saves Lives” discussed laws and safety tips which drivers should follow to avoid tragedies such as this one. While one can’t control an out of control vehicle or other outside factors, drivers should always remember to move far over to the side of the road when checking for damage to your car or any cargo you may be towing, and to be mindful of other drivers while parked on the shoulder.

Police identified the body of a man who was killed in an auto accident on Florida’s Turnpike as Avi Cohen of Miami Beach, Florida, according to the Palm Beach Post.

The crash occurred near Martin County at about 2:15 p.m. According to the Florida Highway Patrol, Cohen, 21, was driving a Ford Explorer when a tire blew, causing the Explorer to veer of the road and roll over. Cohen was apparently not wearing a seatbelt, was ejected from the Explorer, and died from injuries. Cohen’s passenger, Victor Cohen, was also injured in the car accident. The crash currently under investigation.

A Florida Department of Highway Safety and Motor Vehicles report showed that last year, there were a total of 5,207 seat belt violations reported by the Broward County Sheriff’s Office, with 3,286 violations reported by the Miami-Dade County Sheriff’s Office. According to a Floridadrivers.com Fact sheet, there were 2,889 traffic fatalities in Florida, of which over 59 percent of the drivers were not using available restraint systems. However, the National Highway Traffic Safety Association showed that seat belt use on highways increased to 90 percent, up from 87 percent in 2007. The consumer/safety group Advocates for Highway and Auto Safety note that lap-shoulder belts will decrease a front seat driver’s risk of fatal injury by 45 percent and the risk of moderate to critical injuries by 50 percent, depending on seating position and type of vehicle.

Campaigns for seat belt safety such as Click it or Ticket, safety advocates, and laws penalizing drivers who fail to use their seatbelts hopefully have made drivers aware of the importance of wearing your seat belt when driving. An accident causing serious injury and/ or death should not be the wake up call to abide by the law. It is clear that statistically, seat belts save lives, so please for your safety, always wear a seat belt when driving.

On Tuesday, September 29, 71-year-old Fort Lauderdale resident Judith Testa was struck by a vehicle and severely injured while crossing the street near East Commercial Boulevard. Unfortunately, it was reported today that Testa died from the pedestrian accident. She was apporxiamtely a block away from her apartment.

According to police, 31-year-old Natalie Affiany of Coral Springs, Florida was making a left turn near the intersection and struck Testa. Ms. Affiany’s driving records showed that she was driving on a suspended license.

Statistics show that South Florida is prone to high rates of pedestrian accidents. The Florida Highway Safety and Motor Vehicles Traffic Statistics Report is a great source of this statistical data. The Report states that there were 8,471 pedestrian crashes in Florida last year, with 7,878 crashes resulting in injury and 502 crashes resulting in death. While these numbers reflect a considerable increase since 2007, fatalities decreased approximately 5% from 2007. In fact, the information in the report clearly evidences that Miami-Dade and Broward County had the two highest numbers of pedestrian fatalities statewide last year (66 and 51, respectively).

So far, no charges have been filed yet in this incident, but police are asking for your help. If you have any information about this incident contact Coral Springs Traffic Homicide Investigator Jill Hirsch at 954-828-5753. You can also contact Broward County Crime Stoppers at 954-493-TIPS (8477).

Large cities like Fort Lauderdale and Miami are prone to heavy traffic, so whether you drive or, like many others, prefer to walk the streets, you can do your best to avoid risk of injury to yourself and others by following traffic signs, observing the rules of the road and keeping a sharp eye out for crossing pedestrians and oncoming traffic.

Toyota has announced that it will recall 3.8 million vehicles in the U.S. due to a product defect in which the floor mat can interfere with the accelerator and cause an auto accident. This is the company’s largest recall in its history, according to the Miami Herald. Previously, its largest recall was about 90,000 vehicles in 2005 due to a problem with the steering wheel.

This recall will have an impact on South Florida drivers. With so many Toyota dealerships in the Broward, Miami-Dade and Palm Beach counties, 2,217,662 in Toyota vehicle sales, and with the Prius and Camry being very popular vehicles, Florida drivers are likely to feel the affects of the recall.

The vehicles being recalled are: the 2007-2010 Toyota Camry, 2005-2010 Toyota Avalon, 2004-2009 Toyota Prius, 2005-2010 Tacoma, 2007-2010 Toyota Tundra, 2007-2010 Lexus ES350 and the 2006-2010 Lexus IS250 and IS350.

Toyota is working with the National Highway Traffic Safety Administration to find a solution to this product defect. Toyota expects owners to be notified as early as next week, but advises that, as a safety measure, owners should remove the floor mat from the driver’s side and not replace it. The NHTSA has already reported 102 incidents of owners claiming that the accelerator may have become stuck, although the NHSTA is unsure as to how many incidents involved a crash.

A report of a crash involving a Lexus in San Diego prompted the investigation into the vehicles. In August, California Highway Patrol Officer Mark Saylor and three others were killed in an auto accident. The NHSTA noted that the all-weather mat found in vehicle was longer than the mat the one belonged in it, which could have caused the mat to get caught under the pedal.

Continue reading "Defective Floor Mat Causes Toyota Recall of Millions of Vehicles" »

On Sunday, September 28, Officer Elijah Rodgers of Lauderhill, Florida was released from Broward General Medical Center after suffering injuries from a hit-and-run driver, according to the Sun Sentinel.

Officer Rodgers has worked with the Lauderhill Police for four years. He was conducting a routine traffic stop on Thursday around 3:40 in the afternoon at NW 25th Court and 52nd Avenue. The driver of the vehicle, however, took off, striking and injuring Rodgers. Luckily, Rodgers suffered no broken bones and is recovering at home. Rodgers got a look at the driver’s tag number while on the ground, memorized it, and gave the information to other officers. The driver was found and arrested an hour later.

The driver, Charles Anderson, of North Miami, will face charges, including failing to stop or yield at an intersection, aggravated battery on an officer and driving with an invalid license.

A hit-and-run accident in Florida is a serious offense, punishable by very strict explicit laws. Florida’s laws create a duty to drivers involved in an accident to stop at the scene, among other requirements. Violation of these laws may result in criminal charges and civil suit, a jail sentence, and community service. Some of the Florida statutes on hit-and-run accidents can be found on Deadlyroads.com, a website dedicated to victims of hit-and-run deaths and injuries.

In a previous blog entitled "South Florida Hit and Run and Drunk Drivers" we outlined our many concerns regarding the rights of the injured victims of hit and run and drunk drivers. The victims of these drivers often sustain serious injury and it is our job to ensure that their rights are not violated and that they are duly compensated for the injuries that they have sustained as a result of the negligence of a hit and run and/or drunk driver.

On Saturday, September 19, three people were injured and a man was killed in an auto accident near Boyton Beach, Florida. The accident occurred at about 11:15 a.m., according to the Palm Beach Post.

According to the Palm Beach Sherriff’s Office, which overseas 14 districts in one of South Florida’s largest counties, the man, whose name was not released, was driving his Hyundai Sonata westbound on Le Chalet Boulevard near Military Trail when his car veered to the left and ran into a palm tree in the median. The crash is still under investigation.

The three other three passengers in the car, two women and one man, were injured and taken to the JFK Medical Center in Lake Worth. So far, no updates have been available as to their condition. The man who died was taken to Delray Medical Center.

On Monday, September 14, a gas tanker on the Florida Turnpike crashed with a van near Okeechobee Road, causing the tanker to overturn. The auto accident occurred on the southbound lanes at about 2:30 a.m. The Turnpike was closed for about nine hours.

According to Miami-Dade Fire Rescue, the van was pulled over on the side of the road due to a flat tire, JustNews.com reported. The tanker tried to swerve to avoid the vehicle, but in doing so jackknifed, causing the tanker to overturn.

Both the driver of the van, Emilio Martinez-Rodriguez, and tanker’s driver were taken to the hospital. Due to the accident, Martinez-Rodriguez was launched out of the vehicle and suffered serious injury. The tanker contained 9,000 gallons of gas, so fire rescue sprayed foam on the spill to prevent ignition. The truck was finally moved from the road at about noon, after fire crews emptied the gasoline from the tanker.

According to the Miami Herald, because the valves which are normally used to empty the tanker were damaged, the emptying process was more difficult. Crews had to drill through metal while pouring water on the site to prevent fire or sparks from causing an explosion.

The area had to be inspected by environmental experts to determine the safety of the road. If the gas cannot evaporate quickly and soil needs to be dug up, further delays on the Turnpike will be required.

A new videotape has been found which may aid former New York Yankee Jim Leyritz’s DUI manslaughter case which was to begin this September. In 2007, at about 3:19 a.m. in Fort Lauderdale, Florida, police claim that Leyritz was drunk and ran a red light, causing an auto accident and killing 30-year-old Freida Veitch of Plantation.

According to the Miami Herald, the videotape, recorder a half block from the accident from a light pole, reveals a time stamp which is sooner than what has been alleged, and could aid Leyritz’s defense by casting doubt on the toxicology results. The defense says that the earlier time span from which the accident occurred would call to question the effect that alcohol had on Leyritz’s driving.

If convicted, Leyritz could face 15 years in prison. He is currently out on bond awaiting trial which, because of the surfacing of this video, may be postponed until as late as January. Leyritz faced legal troubles earlier in July when his ex-wife accused him of domestic battery.

This story Jim Leyritz is unfortunately one of many similar stories of late putting the spotlight on the consequences of drunk driving in South Florida. In March, professional football player Donte Stallworth pled guilty to DUI in an auto accident in Miami Beach, which resulted in the death of a pedestrian. In July, actor Jeffrey Donovan, star of USA’s hit series ‘Burn Notice’ was also arrested in Miami Beach on suspicion of DUI when he almost hit a police car.

South Florida has been a hot spot for celebrities for many years, from professional athletes to stars of the stage and screen. Florida’s beaches and cities known for their nightlife such as Fort Lauderdale and Miami attract visitors from all over the world. However, average citizens and celebrities alike are all subject to the same laws and regulations. Every person is innocent until proven guilty in our legal system and each case must be looked at under its given circumstances. Florida’s laws are in place to assure us that our streets are safe, and that those violators, whether an everyday resident or a high-profile celebrity, will be punished fairly and without any preferential or unreasonably harsh treatment.

A cyclist was found dead from an auto accident on Friday, August 28, in an auto accident which occurred shortly after midnight on State Road AIA in Fort Lauderdale. The Miami Herald reported that the cyclist was heading northbound when a Mercedes Benz, also headed northbound, collided with the cyclist.

Police had not released the man’s name because they had yet to notify the family. The cyclist was pronounced dead at Broward General Medical Center. Police continue to investigate whether the driver was under the influence at the time of the accident.

While driving under the influence is speculative in this case, it brings up a concern that Florida drivers are no stranger to. Concerns for drunk driving grow on holiday weekends, such as this weekend’s Labor Day. According to a study referred to in a previous blog entitled "Broward County auto accident puts eight in hospital", last year there were 36 fatalities on Labor Day weekend, 12 of which were alcohol-related. That same study showed that, in 2008, there were 4,380 bicyclist injuries and 118 bicyclist fatalities in traffic accidents.

The Florida DMV calculates that, in 2006, there were 1,606 DUI convictions in Broward County and 1,824 convictions in Miami-Dade County. Statewide, there were 34,638 convictions. While this reflects an 8 percent decrease from 2005, the numbers are staggering.

However, Florida has enforced strict laws to crack down on drunk driving. Florida’s zero tolerance law enforces an automatic 6-month suspension for any driver under the age of 21 who has a blood alcohol level (BAL) higher than .02. The level for drivers over 21 is .08. The effect is that a driver under 21 in Florida cannot have a single drink of alcohol and get into a vehicle.

With warnings of DUI road stops and increased police force during these weekends, and the risk of serious and fatal injury, drivers are encouraged to do all that is necessary to prevent from driving under the influence. The abundance of taxis in large South Florida cities such as Miami have given drivers a safe alternative. For others, choosing a designated driver or finding activities that don’t involve alcohol will ensure a safe ride home for ourselves and for others as we celebrate a great Labor Day weekend.

Many cities in South Florida have followed a practice that the city of Pembroke Pines put in place last year: installing a red-light camera. However, since then, the question has been raised as to whether this practice conflicts with Florida state law. Several lawsuits have been filed in cities such as Aventura and Miami, with varied results.

The goal of the red-light camera is simple: to monitor the streets of our cities so as to prevent auto accidents and deter drivers from running red lights. The camera takes a photo of the vehicle before it reaches the intersection and after it passes. Another camera takes a 12-second video of the vehicle, which allows police to view the scene and assess whether the violation was necessary and determine whether or not to issue a ticket. Later, drivers can see the evidence online for themselves.

There is also a great financial incentive. Tthe Miami Herald reported that tickets in Pembroke Pines are $125, with American Traffic Solutions, the vendor, taking about $17.50 to $47.50, and the city keeping the rest. One camera in Pembroke Pines, Pines Blvd. and Southwest 129th Ave., has issued more than $100,000 since March. Aventura’s five cameras have brought in almost $1 million, and Fort Lauderdale’s proposed cameras hope to bring $1.8 million.

While proponents of the cameras stress the importance of safety for drivers, while making a few extra dollars amid harsh economic times, critics raise concerns about their due-process rights. In Florida, traffic laws must be uniform across the state. Having varied city camera laws would be a violation of state law. Furthermore, critics raise concerns as to an owner being cited for a violation, rather than the actual driver of the vehicle.

Legislation has been proposed for cameras in the past, but has not passed due to legal concerns. Last year, Legislation tried to legalize the cameras but failed. In 2005, then-Attorney General Charlie Christ noted that local governments had the right to set up cameras, but further added that state law would need to be changed for cities to issue tickets with red light cameras.

Continue reading "Red-light Cameras: a Violation of Florida Law?" »

On Wednesday, August 20, the Sun Sentinel reported an auto accident that occurred in Hallandale Beach, where eight people, including two children ages 3 and 7, were sent to the hospital after a three –car collision on Pembroke Road, about 1 block east of I-95. The accident occurred at about 3:30 in the afternoon. The driver, a man in his 70s, was taken to Memorial Regional Hospital in Hollywood in serious condition. The accident occurred when the driver, heading west on Pembroke Road, crossed into the eastbound lane, crashed into a Lexus, then crashed head-on into a pick-up truck. The cause of the accident is still unknown. According to the Florida Highway Safety and Motor Vehicles Traffic Crash Statistics Report 2008, the state of Florida had 243,342 traffic crashes last year, down about 5% from 2007. The report shows that Broward County had a total of 26,417 traffic accidents in 2008, with the greatest concentration of accidents on a weekday occurring after noon, between the hours of 3 p.m. and 5 p.m. Broward County was second only to Miami-Dade in total crashes last year. The risks associated with driving increase in larger metropolitan cities, such as Ft. Lauderdale and Miami. Modern-day distractions (cell phones, mp3 players, etc.) and other factors, such as alcohol/drug abuse, poor vision, and aggressive driving all add to the danger. We have recently written about the issue of cell phone use and driving in a previous article "Does Cell Phone Use cause Florida Car Accidents?" It is clear that cell phone use while operating a motor vehicle can cause drivers to be distracted and distracted drivers can cause accidents. We all need to make a conscious effort to be safer drivers. Our lives and the lives of our friends and families depend upon it. The Florida Safety Council is one of many great sources of information for tips on driver safety. By knowing the facts and being informed, drivers of all ages can get a better understanding and take more preventative measures to ensure the safety of themselves and others.

In a misguided attempt to find other sources of revenue, cities throughout South Florida are actually considering charging a fee to those citizens who are involved in auto accidents within their city limits. This month, the town of Davie will likely vote whether to bill non-residents who are involved in automobile accidents in their city.

The Florida Sun Sentinel reports that Davie is defending the fee as “a way of recouping tax dollars that are spent on non-residents”, town spokesman Braulio Rosa said. Davie is considering an average charge of $840.00. Miramar, Plantation and Southwest Ranches are still undecided as to what to charge, if anything, and under what circumstances.

There are those that are worried that this will start a fee war between the cities. The city of Weston has already threatened to respond by passing a similar ordinance if their residents are charged. The American Civil Liberties Union may challenge these ordinances on constitutional grounds. Brandon Herslan, a spokesman for the ACLU of Florida, stated that by singling out non-residents, proposals being considered in Davie and Miramar “raise questions about equal and fair treatment of citizens” and could spur lawsuits.

The cities are responding by saying they will bill the driver’s insurance companies. Michael Connolly, a spokesman for State Farm Insurance, the state’s largest private insurer, responded by saying automobile insurance premiums will rise.

This issue represents a microcosm of the problems that have been caused by the cuts in our state’s budget. These cuts have left local governments in a desperate search to make up the lost funds that they were once receiving from the state. Compounding this problem is the decrease in the local tax base caused by the pop of the real estate bubble and the significant increase in foreclosures.

However, by creating these quasi tax schemes, the citizens of all cities are the ones that are harmed. With the state and national economy causing widespread problems for everyone, it is time for the cities to slash even more fat out of their budgets.

Cities should retain independent companies to analyze their budgets and recommend reasonable cuts that will force the cities to operate more efficiently. Disparate tax schemes, like the one discussed in this article, are not the answer and may in fact be unconstitutional depending on how they are framed.

Where do you stand on this issue? It seems wherever you go, people are on their cell phone even while driving their cars. This has caused many to wonder whether cell phone use should be permitted while operating a motor vehicle. There are three sides to this issue:
1. A ban on cell phone use by drivers due to the fact that many Florida car accidents happen when a driver is distracted while talking on the phone.
2. No ban on cell phone use due to the opinion that it is possible to drive safely while speaking on a phone and no one should dictate that drivers should not be able to talk and drive.
3. A compromise – allow cell phone use only with a hands-free headset or ear piece.

Earlier this year bills were introduced by Florida Legislators which were aimed at reducing cell phone calls in moving cars, none were passed. One bill was aimed at banning all Florida drivers from sending a call, texting, dialing, listening or speaking on a wireless device without a hands-free device. Another would have banned teen drivers from driving and talking on hand-held devices.

We have found in our practice that there are more and more accidents that are caused by drivers who are on there cell phones and there are statistics that do seem to suggest that legislation is needed. The leading cause of fatalities for teenagers and drivers in their 20’s and 30’s reported by the CDC are car accidents. In addition, it is well known that car accidents also cause many serious injuries to drivers and passengers. The following studies have found a link between fatalities and injuries in vehicular accidents and cell phone use by the drivers:
1. In 2002, the Harvard Center for Risk Analysis study, found that about 2,600 fatalities each year are caused by drivers who are distracted by cell phones at the time of an accident.
2. The California Highway Patrol also conducted their own research in 2001 and found that during a nine month period 4,699 car crashes were linked to drivers distracted by their cell phones.
3. Another study conducted by the University of Utah found that drivers using cell phones had the same response times as drunk drivers. The drivers using cell phones, the research revealed, were 9% slower to brake and 19% slower to return to normal driving speeds.

It’s almost impossible to believe that our Florida legislature decided five years ago to make it illegal for local jurisdictions to ban cell phones. The studies listed and data from our own Florida Department of Highway Safety and Motor Vehicles reveal that in 2006, 26 car accident fatalities and 1,364 car accident injuries in Florida involved driver distractions. We all need to let our legislature know that the citizens of Florida want their streets and highways to be safer and legislation that limits the use of cell phones while operating a motor vehicle will help to accomplish that goal. This is not about convenience or taking away our rights, it is about saving lives that are needlessly cut short as a result of drivers who are unnecessarily distracted while operating a vehicle.

You are driving down the road in Broward County, wearing your seatbelt and obeying all traffic signals and laws. The last thing you thought would happen is a car running a red light and striking your vehicle at the intersection. You advise the Officer at the scene of your statement and the other driver is cited at fault for the accident. You are injured so you go to the ER. You are waiting to be seen and so many things are running through your mind…am I going to be OK…what about my car…how am I going to get to work…etc… These are questions our South Florida firm answers everyday when we speak with our prospective clients for the first time. In an effort to help our prospective clients we have compiled a checklist of sorts that can be used by anyone who is injured in an accident in the State of Florida.

1. Be truthful to everyone about any physical limitation you now have. In order for your doctors and attorney to help you with your case we need to know about all of your symptoms.

2. Don't accept a check or sign a release from an insurance company for your property damage claim unless you are sure you know exactly what it covers. Sometimes insurance companies will attempt to get you to release "any and all claims" - including your personal injury claim when you are only settling your claim for property damage. Please check with your attorney if you're not sure.

3. Do not hide past accidents or injuries from your lawyer. Insurance companies have access to accident information in a central database, so the other insurance company will more than likely find out about your prior medical history and accident.

4. We find that it is extremely helpful when clients keep a record of how they feel. A diary is an excellent way to organize this information. The diary should contain notes of their doctor and therapy appointments, medications, and inability to work and enjoy any of the activities that were enjoyed and participated in before the accident. In real life there are few "cant's" after an accident. Most people recover the ability to perform most activities, unless they are bedridden. But generally, if they have limitations, it's because they can't do the activity as long, as hard, or as strongly as they used to. A diary which reflects these limitations is important to your injury case because they can really show the adjuster how you have been affected on a daily basis as a result of the accident.

5. Do not try and deal with pain. See a doctor or go to the ER immediately after your accident. Tell your doctor everything: about how the accident occurred, and advise him or her of any past accidents or medical conditions.

6. Video cameras can be hidden anywhere. You may not know you are being videotaped and it could be at anytime or in any place. We have seen this many times. You will lose all credibility if you claim you cannot perform a certain way and then are caught “on tape” doing those exact things or something similar. If you are honest and truthful about your injuries and limitations this invasion of your privacy will only bolster your case. Go on as usual if you see someone following you and let them record for all to see how your injuries have affected your ability to perform your normal everyday functions. This will be your best evidence.

These are just a few of the things we routinely go over with our clients so they can be educated on what they can do to help us to obtain the maximum recovery possible for their individual case. Insurance companies are for profit businesses and in order for us to obtain fair, speedy and just compensation to persons injured through the fault of another (the insurance company's policyholder) we have to do everything we can do to present a case in the light most favorable to our clients and convince the Insurance Companies that our clients are entitled to be paid a fair, speedy and just settlement as a result of their insured's negligence. If you want to read more about what not to do after you are in an accident you can read an article in our blog : “Florida Auto Accidents: The Mistakes People Make” dated June 26, 2008.

On Monday, June 23, 2008, a statewide campaign was instituted by the Florida Highway Patrol to spread awareness of Florida's Move Over Law. This law is designed to protect Police Officers, Emergency Workers and Pedestrians at the scene of accidents from being struck by vehicles on Florida roads. The Move Over Law states that a driver must vacate the lane next to where a law enforcement vehicle has stopped on the side of a road with its lights flashing. During the weeklong campaign officers will issue warnings to motorists through Wednesday and on Thursday will begin issuing tickets for violations.

Florida’s Move Over Law was meant to prevent tragedies such as these:

• A case in Miami recently when Rescue crews amputated a man's leg on a Miami highway after he was crushed between two vehicles. The accident occurred while the man was checking the damage to his car after he was struck from behind by a sport utility vehicle. Another vehicle then crashed into the SUV, pinning the man.

• According to Florida Highway Patrol three people were killed since the Memorial Day weekend while checking their vehicles for damage after a crash in the middle of a road.

• A Road Ranger was critically injured while assisting a motorist on the Palmetto Expressway. The Road Ranger was assisting a vehicle that was disabled when another car struck the Ranger's truck, which then in turn struck the Road Ranger.

Tragedies such as these can be been avoided if all drivers adhere to the following safety precautions:

1. Drivers should move their cars to the side of the road before checking for damage after minor accidents;
2. Drivers should vacate the lane next to where a law enforcement vehicle has stopped on the side of the road; and
3. Drives should vacate the lane next to the scene of an auto accident.

Quite often during meetings with our clients in our Fort Lauderale and Weston offices, we are frequently asked the question: What do I do when I am injured in a car accident in the State of Florida? The answer to that question in our opinion is better answered by providing our clients with a very short list of things they should never do. These are the mistakes that we are often faced with when clients first come to our office and we find that they have:

1. Failed to report the accident to the Police and to the insurance company;
2. Failed to document their Injuries to the Police, Rescue, and the insurance company;
2. Failed to take photographs of their injuries and property damage;
3. Failed to go to a doctor to document their injuries;
4. Made a signed or recorded statement to their own insurance company without first seeking legal advice; and
5. Made a signed or recorded statement to the party at fault’s insurance company without first seeking legal advice.

These may seem like fairly simple things that need to be done at the time, but at the time of an accident most people are upset, anxious and sometimes injured and as a result may not be thinking clearly. If you take our tips and follow them you will at least have ensured that the necessary information is being documented properly at the outset of your case. This documentation is essential in helping our offices to be better able to resolve your case either through settlement or litigation.

Well known Rapper, STACK$ was involved in a serious car crash in Miami, Florida on May 30, 2008. He escaped severe injury despite the substantial property damage to his vehicle.

Stack$, a hip-hop star and nightclub owner, was driving with a friend when he collided with another car, and his Ford Explorer was sent airborne. His SUV crashed into the barriers of an overpass, narrowly avoiding the 40 foot fall from a bridge.

Stack$'s injuries included second degree burns, a broken hand, chiropractic injuries and numerous cuts and bruises. Both Stack$ and his passenger were taken to Mount Sinai Medical Center in Miami, where they both spent the night before being discharged. He is now resting at his South Beach home and is grateful that he survived the near-fatal accident.

Within the past few weeks the police in the Fort Lauderale area have been investigating two instances of pedestrians being injured in vehicular accidents. In the first instance, law enforcement is attempting to locate a car that a surveillance camera caught hitting a pedestrian, Marshall Clinton, 51,and then driving away. The crash happened about 11 p.m. Friday, May 23, 2008 as Mr. Chilton crossed the street. Marshall Chilton, 51, was admitted in the hospital with broken bones and is expected to recover.

In a second incident in Fort Lauderdale, a man is accused of killing a woman, Ms.Kathleen Gosnell, 60, and injuring Mr. Raymond Haruben, 63, after striking them with his vehicle on Thursday, May 22, 2008. Toxicology reports confirmed that he was Driving Under the Influence of Alcohol (DUI). Steven Kopson, 53, of Fort Lauderdale, was charged with manslaughter while driving under the influence of alcohol, among several charges.

Both these incidents raise the question, "If I am a pedestrian in an accident who was struck by a hit and run driver- who will pay for the treatment and pain and suffering I have sustained through no fault of my own?" The answer is that even though you are a pedestrian, your own PIP and UIM insurance will ensure that you are fully protected and covered for your injuries even though you weren't driving your vehicle at the time.

The importance of PIP coverage and UIM coverage on your automobile policies is especially important when you are a pedestrian and you you are struck by a hit and run driver. It is in that instance that your own insurance coverage is there to protect you. Your PIP Insurance or Personal Injury Protection Insurance will cover the first $10,000.00 of your medical bills and your UIM Insurance will afford you coverage for everything over and above the first $10,000.00 up to the limits you choose.

What if your injuries are serious and you need treatment well over and above $10,000.00 and what about pain and suffering, wrongful death and lost or diminished capacity to earn a living? UIM coverage is the only coverage that will protect you if the party at fault in an accident either is unknown, has no Bodily Injury coverage (which is not required in the State of Florida) or has a minimal amount of Bodily Insurance Coverage. In effect you can seek compensation for your injuries and damages from your own insurance company should any of these circumstances occur, but only if you have UIM Insurance coverage.

If you would like to read further about this issue, we have addressed the Florida UIM and PIP Insurance issue in a previous article on our blog entitled: "Florida No-Fault, Med Pay and UIM Insurance" dated May 12, 2008. It is our hope that all Florida drivers will contact their insurance agents and demand a quote for UIM coverage on their policies. That way, should the unfortunate happen and you are injured in an accident caused by an uninsured driver or underinsured driver, you won't have to worry about your financial future being decimated by medical bills.

If you have any questions about these issues please feel free to call our offices. We want every Florida driver to be aware and informed about their right to protect themselves through proper and FULL automobile insurance coverage.

Two children were struck by cars and seriously injured in separate accidents Sunday, police said. Both are expected to survive despite their serious injuries.

About 4:45 p.m., a car hit a 13 year old girl who was riding her bicycle near Northwest 28th Street and University Drive, said Mike Moser, a spokesman for Coral Springs Fire-Rescue. She was expected to survive, Moser said. The girl was flown to Broward General Medical Center as a precaution.

About two hours later in Davie, a 7 year old girl was run over when she tried to grab the right rear door handle of a neighbor's car, Davie police Lt. Bill Coyne said. The accident occurred as the car pulled into a driveway in the 4400 block of southwest 74th Avenue. Paramedics rushed the girl to Memorial Regional Hospital in Hollywood where she was in critical but stable condition.

A 40-year-old Orlando woman was killed and two passengers were injured early Sunday after she drove off the road in east Orange County and hit a concrete culvert, according to the Florida Highway Patrol.

About 2:30 a.m., Tonya M. Shepherd was driving a 1998 Ford Mustang south on West Christmas Road near Fort Christmas Road when she failed to negotiate a curve, drove onto the east shoulder and hit the culvert.

Shepherd was pronounced dead at the scene. Passenger Jerry Kincaid, 42, of Orlando was ejected from the car and suffered minor injuries. Another passenger, Tiffany Adkins, 21, of Orlando, was critically injured. No one in the car was wearing a seat belt, the FHP said.

A Miami firefighter lost his life in a fatal car crash in Miami on Friday Night.
Investigators stated that two teenage girls in a Red Honda were traveling Northbound on NW 24th Avenue, at which time they ran a stop sign causing the collision and the firefighter's Wrongful Death.

Roberto Garcia, the firefighter, was a 20 year veteran of the Miami Fire Dept. who moved up to the rank of Captain. His passenger and he were out celebrating and were returning home when this tragedy occurred. Ironically, rescue personnel from Captain Garcia's own station responded to the call. "We found one of our own", said Ignatius Carroll, a Miami-Fire Rescue spokesman.

Captain Garcia's passenger received only minor injuries. The two girls, whose names have been withheld, were taken to the Ryder Trauma Center in critical condition. Our Condolences go out to the family of Captain Garcia.

A Miami Police Officer was involved in a serious automobile accident on Wednesday with a 19 year old pre-med student who also lives in Miami. The student was taken to Kendall Medical Center with nine life threatening Injuries. There is some controversy surrounding the accident involving whether or not the officer had his sirens on.

Investigators say that the officer was responding to a call and had his lights and sirens engaged at the time of the impact with the female student. However, witnesses to the collision have a different version. Orestes Perdigon, the student's father stated that, "He had no sirens on, nothing at all." Apparently, the student had the right of way as the officer may have drove through a stop sign just before impact.

This Miami incident follows a similar occurrence just days ago, when a Middle School Student was badly injured after being struck by an Orlando Police Officer in pursuit of a criminal. The officer was chasing another vehicle who ran a red light when suddenly, the Officer collided with a Volkswagen which careened into the 11 year old student who was waiting to cross the street. According to one woman, the officer was exceeding the speed limit. "It looked like it was a chase to me", said Celine Gasco, 33 who was stopped in her car at an intersection when the collision took place. Once again, as with the incident in Miami, Orlando investigators appear to be claiming, despite the eyewitness testimony, that the officer did nothing wrong.

Law Enforcement Agencies must provide better training to their officers on the issue of pursuing Criminals. While most Police Departments, like the Orlando Police Department, have a policy which only allows a high speed chase when the officer is in pursuit of a violent felon, Police Officers often violate the local traffic laws and injure innocent citizens. These Officers are performing their job in a vacuum because they are not weighing the interests of the innocent bystander when they pursue non-violent criminals.

Under Florida law, this constitutes Negligence and subjects the Police Department and the Police Officer to a lawsuit so that the injured bystander can collect for their Injuries. It would be in the public's best interest if some of these officers were to spend less time in the gym and more time in the library. While a majority of police officers are fine individuals who act professionally while doing their job, there is a percentage of officers who are unable to see the big picture and often do not have their priorities in order. This often leads to incidents like the ones we just saw in Miami and Orlando where innocent bystanders suffer Injuries as a result of the Officer's Negligence.