Florida Personal Injury Attorney Blog

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.

Posted by Arleen Lazarus | Permalink | Email This Post

Posted In: AUTO ACCIDENTS , BICYCLE ACCIDENTS

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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.

Posted by Gary T. Lazarus | Permalink | Email This Post

Posted In: AUTO ACCIDENTS , BICYCLE ACCIDENTS

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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.

Posted by Gary T. Lazarus | Permalink | Email This Post

Posted In: AUTO ACCIDENTS , BICYCLE ACCIDENTS

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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.

Posted by Gary T. Lazarus | Permalink | Email This Post

Posted In: AUTO ACCIDENTS , BICYCLE ACCIDENTS

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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.

Posted by Arleen Lazarus | Permalink | Email This Post

Posted In: AUTO ACCIDENTS , BICYCLE ACCIDENTS , DUI DRIVER , WRONGFUL DEATH

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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.

Posted by Arleen Lazarus | Permalink | Email This Post

Posted In: AUTO ACCIDENTS , BICYCLE ACCIDENTS , MOTORCYCLE ACCIDENTS , PEDESTRIAN ACCIDENTS

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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.

Posted by Arleen Lazarus | Permalink | Email This Post

Posted In: AUTO ACCIDENTS , BICYCLE ACCIDENTS , MOTORCYCLE ACCIDENTS , PEDESTRIAN ACCIDENTS

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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.

Posted by Arleen Lazarus | Permalink | Email This Post

Posted In: AUTO ACCIDENTS , BICYCLE ACCIDENTS

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