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5 Common Ways Motorcycle Accidents Happen

by Auto AccidentsAutomobile SafetyMotorcycle Accidents

Riding a motorcycle can be exhilarating. The roar of the engine provides the soundtrack for flying down the open road – just you and your bike. But riding a motorcycle can also be dangerous. The thrill of riding a motorcycle can quickly become risky if you’re not careful or riding safely.

 

If you’re going to take a motorcycle on the road, you should complete a basic motorcycle rider course and know the Florida motorcycle laws, in addition to being equipped with the proper safety gear.

 

What kind of safety gear?

Helmet, gloves, protective eyewear, boots, leather clothes, and body armor. This kind of gear can both make riding a motorcycle more comfortable and help to protect you from injuries if you are involved in an accident.

 

But the best thing you can do is try to avoid accidents altogether.
To help you do that, here are 5 of the most common types of motorcycle accidents and how to prevent them.

 

  1. A car turns left in front of you.

    This is probably the most common motorcycle accident. Why does it happen? Lots of reasons. A car might not see you or can’t correctly judge your speed. They might also be distracted or driving recklessly. Additionally, cars waiting to turn at intersections are particularly dangerous, as are gaps in traffic at an intersection, parking lot, or driveway.

 

As a motorcyclist, you need to be prepared for these kind of mistakes. Drivers might display certain signs that can foreshadow their turning in front of you. One thing to look for is the direction of cars’ wheels. The direction of a car’s wheels is the first sign of what the car might do next.

 

Boca Raton Motorcycle Accident Lawyer

 

 

  1. You turned too fast into a corner.

    You’re going too fast into a corner and you realize you might not totally make it. What do you do? Well, first of all, you shouldn’t be going too fast. You should also be paying attention to visual cues from the road to know what’s coming up ahead.

 

If you’re in that situation though, try to ride it out. Don’t slam on the brakes or do anything that may cause a loss of traction. Lean into the corner and be in control of the bike.

 

 

  1. A car suddenly changes lanes into you.

    Motorcycles can easily fit into a car’s blind spot, so unfortunately it’s easy for a car to drift into your space.

 

As a motorcyclist, you should know this and be aware of where blind spots are and avoid riding into those spots. A good note: if you can see a driver’s eyes in their mirror, they can see you too. You should also be watching the road to see if cars will need to be changing lanes quickly.

 

Also watch for signs a car might be changing lanes:

    • Turn signals
    • Turning wheels
    • A driver is checking their mirrors
    • A driver’s head is moving

 

5 Common Ways Motorcycle Accidents Happen 1 Auto Accidents South Florida Injury Law Firm

 

  1. A car hits you from behind.

    With cars, fender benders are the most common accident. But a fender bender with a motorcycle could kill a motorcyclist.

Avoid this accident by using other cars as barriers. When you stop, politely pull in front of another stopped car to cushion yourself from any cars coming up behind you. Or pull in between a line of cars.

If there aren’t any stopped cars, stop to the side of your lane instead right in the center. Flash your brake lights and be aware of what’s happening behind you in case you need to quickly get out of the way.

 

 

 

  1. A car opened its door.

    If there are parked cars on the side of the road, never ride between them and an active lane of traffic. Even if there’s a ton of extra room. Car doors can open. Pedestrians can step into the road. Cars can pull out. And so on. Motorcyclists and bicyclists call the area next to parked cars The Death Zone for this very reason.

 

If, however, you end up in this situation, brake as hard as possible to avoid a collision. If a collision is going to happen anyway, you can at least decrease your speed.

Hopefully, when you’re on your motorcycle, you ride safely and exercise caution while on the road. If for some reason you or a loved one is injured in a motorcycle accident, seek medical attention immediately. Then contact an experienced motorcycle accident attorney who can look at the facts of your case and determine if you’re entitled to any damages.

 

 

 

 

Boca Raton Personal Injury Lawyers

Do I Have a Personal Injury Lawsuit?

by Personal InjuryPersonal Injury Law Suit

 

Have you recently been injured on another’s property or because someone else made a mistake? Are wondering if you have a personal injury case on your hands?

 

There are a variety of situations that may seem like viable personal injury claims, but it’s not always clear whether or not you really have a case. How do you know? The only way to know for sure is to seek counsel from an experienced personal injury attorney. By going over the specific details of your case, he or she will be able to let you know if you are likely to win a claim and what options are available to you.

 

What are some things that you will want to be ready to talk about when you meet with an injury lawyer?

Boca Raton Personal Injury Lawyers

Circumstances Surrounding Your Injury.


When you’re injured, it’s often hard to recall the exact events. But in order for an accident attorney to advise you accurate, he or she will need to know what happened and who or what was involved. Did another driver run a red light and hit you? Was the light out when you fell down the stairs?

 

In any personal case, you must be able to prove that your injury was a direct result of someone else’s carelessness, neglect, or failure to inform you of a particular risk. This applies in car or boat accidents, slips and falls, injuries in someone’s business or home, dog bites, you name it. If you were not made aware of the risks to your safety or someone acted in a way that placed you in danger, you most likely have a case.

 

Your knowledge of the danger and your actions.

Keep in mind, however, that Florida courts will often take into account your involvement in the negligence, and will deduct a certain amount from the damages awarded to you if you are deemed to be partially responsible. Let’s say, for example, you are ruled to be 30% at fault for slipping on someone’s floor because you knew it was wet. That means the property owner is 70% responsible for paying any damage awarded to you. If you win $10,000 in compensation, you would receive that amount minus 30% — or, in simpler terms, you’d get $7,000.

 

Personal Injury Law Suit Boca Raton

What You Did after Your Injury.


If you are in an accident, the first thing that you should do is seek medical help. Even if it doesn’t seem like your injuries are very serious. You should do this for a couple of reasons.

 

The first is for your own health – injuries sustained in accidents aren’t always obvious at first, and by waiting you can make the problem worse. The second reason to get medical help quickly is because waiting can be used against you. In certain situations, you are legally obligated to seek help within a certain time period or you forfeit your ability to file a claim. For example, if you are involved in an automotive accident, you have to get checked out by a doctor no more than 2 weeks after the incident or you lose your chance to get compensation. Beyond this, not having yourself checked out quickly allows the defense to call your claim into question. Maybe your current problems aren’t really due to the incident. Maybe (as mentioned above) waiting made the issue worse – and more costly! There are a number of different arguments the defense can use against you if you don’t seek out prompt medical treatment.

 

How Long It Has Been.

Our state says that you have four years from the date of the incident to file a personal injury lawsuit. For claims against the government – state, city, or county – the statute of limitations is three years. And, of course, there’s the specific law mentioned above that prevents you from being compensated in a car accident if you don’t see a doctor within two weeks.

 

If you have missed out on any of these deadlines that pertain to your particular situation, you may not be able to file a claim.

 

How Much You Are Expecting.

For the most part, Florida law doesn’t place limits on the amount of damages you can receive when you are injured due to someone else’s negligence. However, if you are bringing forth a malpractice suit against a medical practitioner, or if you are seeking punitive damages against someone, those do come with strict caps.

 

This information doesn’t necessarily tell you whether or not you have a valid lawsuit, but it is good to know going in that there are limits in specific cases and for particular types of damages.

 

If you believe you pass muster on all of these things, the next step is to sit down with a personal injury attorney and talk about the next steps.

 

Schedule a free consultation by calling (954) 488-JEFF (Fort Lauderdale), (954) 488-JEFF (Boca Raton & West Palm Beach), or 877-566-8759 (toll-free). You can also fill out this online form to set up your case evaluation. We’re a dedicated team of personal injury lawyers who work on a contingency basis and will take your calls at any time, on any day of the week.

 

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What Are Your Rights When Involved In A South Florida Trucking Accident?

by Auto AccidentsTruck Accidents

 

Nowadays, many more trucks are entering our roadways, sharing the same space we use in our everyday life. Product demand has significantly increased, and so does the congestion of commercial trucking. Unfortunately, with the increased numbers of trucks entering service they bring with them an ever-increasing number of accidents and resulting injuries.

A central question in most truck accident cases is whether the trucker’s actions violated their duty of care. Some trucking accidents make this question abundantly clear: if a police officer cites a trucker for speeding, failing to yield, or carrying too much weight, the law assumes that the trucker is at fault for any ensuing accident. However, in other cases, a more in-depth investigation is required to prove trucker fault, for which a South Florida truck accident attorney can provide significant assistance in collecting evidence.

Trucking Accident Common Factors

 

Poor Vehicle Maintenance

 

Ensuring that a vehicle is maintained correctly is essential for every driver, and it’s vital to the safety of commercial truck drivers. Commercial vehicles experience more wear and tear than ordinary cars as trucks are driven for hundreds of miles every day. If routine maintenance is skipped, it could lead to mechanical problems or equipment failure that could lead to an accident. Something as simple as a worn brake pad could be the difference between stopping in time and causing a multi-car pileup. Victims of a commercial trucking accident should have the company’s maintenance records checked to see if repair negligence contributed to the collision.

 

Incentivize Programs that Promote Unsafe Truck Driving

 

While it’s easy to blame the driver involved in the accident, looking at the underlying issues may solve the root problem.  Shippers and logistics firms may inadvertently create dangerous driving conditions by the way they pay drivers. For example, some compensation programs encourage faster vehicle speeds or more hours of continuous vehicle operation than would usually be unadvisable. Giving drivers unrealistic schedules encourage drivers to hurry, despite the safety risks involved.

Improper Cargo Loading

 

Commercial trucks carry so much cargo that weight imbalances can significantly affect the safety of the vehicle. Cargo that has been loaded incorrectly can cause accidents in several ways.

The shipment could fall off and become a hazard to other drivers, and the cargo itself could affect the vehicle’s steering. To prevent these issues, truckers and cargo loading teams have to abide by industry-specific rules when it comes to loading the bed of a commercial truck.

These rules determine limits for weight, size, length, width, and load height. The rules also specify special methods of securing cargo for transportation.

What Are Your Rights When Involved In A South Florida Trucking Accident? 2 Auto Accidents South Florida Injury Law Firm 

South Florida Truck Accident Laws

 

Truck drivers have the same responsibilities under Florida law to drive their vehicles in a safe manner as all other motorists. This includes a duty to protect all other people they may encounter while behind the wheel. This extends to:

  • Other drivers
  • Passengers in other vehicles
  • Pedestrians
  • Cyclists
  • Motorcyclists

If a truck driver fails in this responsibility, and someone is injured, that person can file a lawsuit alleging that the driver’s negligence caused their injuries. Unfortunately, even the clearest example of truck driver negligence may fail to bring compensation if a plaintiff does not act in time.

According to Florida Statute §95.11, plaintiffs must file a case within four years of the date of the accident if they hope to collect compensation. Insurance companies may break off all settlement negotiations if this time has passed. This makes it important to act quickly when considering a claim.

What Are Your Rights When Involved In A South Florida Trucking Accident? 3 Auto Accidents South Florida Injury Law FirmCommon Injuries related to South Florida Truck Accidents

 

Even truck accidents that occur at low speeds place great strain on the bodies of the occupants of smaller vehicles. Even if their bodies do not come into direct contact with the truck, their car may be subjected to significant force or perhaps even crushed.

This can result in life-threatening injuries. It is not uncommon for the victims in these accidents to suffer:

  • Broken bones
  • Separated joints
  • Severe cuts
  • Burns
  • Concussions
  • Paralysis

Any form of physical injury is enough to make a claim. A complete claim should also demand compensation for lost wages and mental anguish. A truck accident law firm in South Florida can work with clients to understand the full impact of the accident on their lives and receive the compensation they deserve.

 

 

Far too often injury attorneys treat trucking accident cases like car accidents.  One can easily understand the force from a 60,000 pound truck striking a family vehicle are significantly higher than the force from a 7,500 pound pickup truck or 3,500 sedan traveling the same speed.  This difference in force often results in much more serious injuries, even death.

Attorneys specialized in trucking accidents know that car accidents and trucking accidents are not the same.  Beyond the federal regulations that apply to commercial trucking, drivers must also undergo extensive training.  18-wheelers simply do not operate the same as family-size passenger vehicles. They are harder to maneuver and some operations that can be done in family passenger vehicles are strictly prohibited by 18-wheel operators.

 

Post-Accident Checklist

 

After any type of traffic accident, you should run over a checklist of information to get from other drivers or passengers who were involved: insurance information, injuries, names and contact information of witnesses, etc.

 

Hopefully, knowing this information and practicing safer driving will help you reduce the chances of getting into a truck accident. But if you or someone you love is injured in a crash with a truck due to another’s negligence, you should know what to do next. The first and most important thing to do is check to see if you or anyone around you is injured and, if so, instantly seek medical attention.

 

The next step you take should be contacting a skilled Florida accident attorney who will look into the incident. Your lawyer will likely have to ask you a lot of questions, so it’s helpful to prepare yourself ahead of time.

 

Researching and slogging through legal meetings may be the last thing you’re interested in doing after getting hurt in an accident, but it’s worth it. Medical bills can pile up fast, and that’s not even dealing with money you lose due to not being able to work and other expenses. These are things that can seriously derail your life, and if someone else is responsible, you shouldn’t have to pay for their mistake.

Construction cranes of high-rise residential buildings in the big city, view of the evening sky

Crane Accidents and Construction Injuries

by Children Injuries & AccidentsConstruction AccidentsHurricane Property DamageInsurance ClaimsParking Lot AccidentsPersonal InjuryPersonal Injury ClaimsPersonal Injury Law SuitPersonal Injury LawyerPremises LiabilityProperty DamageWork Related InjuriesWorkers CompWrongful Death

Crane Accidents and Construction Injuries 4 Auto Accidents South Florida Injury Law Firm

 

Imagine sleeping soundly in bed and then a loud crashing crane comes through your roof.
It was a scene that happened this week in North Miami Beach, where a crane that was being used to repair a seawall slid off a barge and struck the roof of a condominium building.

“I was very lucky because that crane was in front of my apartment two days ago.” said by C. Spetsiotas, a resident of the condo.

 

Eight units of the building are now off-limits while structural engineers assess the safety of the building. The U.S. Coast Guard is also investigating, along with OSHA

Crane accidents have happened in the past, with unfortunately worse outcomes. In Hallandale Beach, a 27 year old was killed when a crane toppled over.  One man died and two others were left injured in Hollywood when the scaffolding collapsed.

 

Causes of Construction Accidents

 

Florida construction sites are littered with hazards at every turn. To execute dangerous tasks that these projects require, heavy construction equipment and tools are used, many of which are performed at great heights and under extremely hazardous conditions.

Although federal and state laws that require employers to maintain a safe workplace, some do not. There are instances where contractors take shortcuts to turnaround projects faster and reduce expenses, posing a risk to people who work on the sites and the local pedestrians.

 

Some common causes of construction accidents include:

 

  • Cranes, ladders and fixtures falling from buildings and walls
  • Toxic substance exposure
  • Defective construction and tool equipment
  • Improper use of equipment
  • Improper or insufficient training
  • Misuse of tools and other equipment
  • Poor safety precautions and oversight

 

 

Construction Site Safety and Your Rights

Crane Accidents and Construction Injuries 6 Auto Accidents South Florida Injury Law Firm

Safety measures on construction sites are supposed to be followed by the Occupational Safety and Health Administration (OSHA) standards.  There are clear standards for cranes, crane operations, crane training, fall protection, scaffolding, ladders, hazard communication, machinery, and many other aspects of a construction site project and operations. A party’s failure to abide by OSHA standards may be evidence of negligence if that failure caused an accident.

If you or someone you know have suffered any construction related injuries, or others that are not listed, compensation may be awarded and should contact our experienced Florida construction accident lawyers at South Florida Injury Law Firm today to discuss your legal options with our Free Case Review

Also, you may be entitled to recover more money than a workers’ compensation claim alone could provide. You may also have claims for medical bills, pain and suffering, permanent limitations and past and future lost earnings.

Because of the numerous contractors, subcontractors and other parties often involved in construction sites, it can be difficult to determine exactly who should be held responsible for your injuries or the death of a loved one.

 

 

 

Types of Available Compensation

 

Workers’ Compensation
Almost every employer is required to carry workers’ compensation insurance. These benefits can help an injured worker cover medical expenses and lost wages and are available to a worker regardless of the circumstances surrounding an accident that causes injury.

 

Personal Injury
Although a worker cannot file an injury lawsuit against their employer, it may be possible to file a claim against a third party whose negligent actions led to your injury. A personal injury claim is also available to non-workers who are injured on a construction site.

 

Product Liability
If a defective product caused your injuries, it may be possible to bring a claim against the manufacturer, retailer or wholesaler of that product.

 

Wrongful Death
If you have lost a loved one in a construction accident, you may be entitled to file a wrongful death lawsuit seeking compensation for your loss.

 

 

Construction Related Accident and Injury Help

 

With decades of experience handling these types of complex cases, our South Florida Injury Law Firm construction accident lawyers have the skills and the resources needed to conduct a thorough investigation. You can rely on us to put your interests first and will work to help you recover the maximum compensation you are entitled.

 

Schedule a free consultation by calling (954) 488-JEFF (Fort Lauderdale), (954) 488-JEFF (Boca Raton & West Palm Beach), or 877-566-8759 (toll-free). You can also fill out this online form to set up your case evaluation. We’re a dedicated team of personal injury lawyers who work on a contingency basis and will take your calls at any time, on any day of the week.

car crash home miami dade gardens attorney law firm accident

Car Accidents At Home

by Auto AccidentsAutomobile SafetyChildren Injuries & AccidentsMulti Car AccidentsPersonal InjuryPersonal Injury ClaimsPersonal Injury LawyerProperty DamageWrongful Death

Car Accidents At Home 7 Auto Accidents South Florida Injury Law Firm

Car accidents can happen anywhere. Especially where you least expect it. Parking lots, driveways, parking garages, and drive-thrus are well-known for accident scenes.
Even your own living room.

 

On Wednesday, August 21st, an accident involving two cars ended up crashing into a Miami Gardens home. One of the drivers was air lifted to a nearby hospital.

The resident, who was inside his home at the time of the crash, stated:

“This isn’t the first time something like this has happened”

 

He’s right.  In just the last few months of 2019, there have been multiple car accidents in South Florida that have also caused damages to a home. In March, a driver smashed into a house in North Lauderdale in the middle of the day.  Another driver was hospitalized in April after crashing into a house in Lauderhill. Another driver attempting to avoid a collision drove straight into a Miami home in May.

 

Unfortunately, these instances are becoming too common throughout Dade, Broward and Palm Beach counties. It’s important to pay attention while on the road and arm yourself with knowledge, whether you’re the driver or passenger in a car accident or inside a home and have sustained damage or injuries from a car collision.

Know Your Rights

 

Under Florida Law, you may be entitled to monetary damages if you have been injured through the negligence or recklessness of another person. Damages may include reimbursement or compensation for:

 

  • Past and future medical costs
  • Home damage liabilities
  • Pain, suffering, and inconvenience
  • Lost wages or economic opportunities
  • Funeral expenses
  • Grief and suffering

 

A Personal Injury Case Begins Before You Leave the Scene of a Crash

 

While the circumstances behind each of these accidents are different, one fact holds true for all—the time immediately following the crash can be stressful and confusing.

 

Here are the seven most important things to do if you are involved in a South Florida auto accident.

 

  • Remain at the scene.
    If an accident has occurred, it is essential for you to remain at the scene. It is your legal obligation to stop if you collide with anything, even if you do not think there is any damage.
  • Prioritize safety.
    Take steps to ensure the safety of you, your passengers, and other drivers. If your vehicle is causing a major traffic obstruction, move it out of the road to a safe location and turn on hazard lights. Check for injuries and determine if anyone needs major care.
  • Contact the police.
    Even if the accident is minor, call the police. When cops arrive at the scene of the accident, request that a police report be filed and get the names and badge numbers of the cops involved.
  • Document information.
    Document as much information about the accident as you can while limiting discussion of the incident with the other driver.
  • Report the incident to your insurance company.
    Notify your insurance company as soon as possible. Many insurers have a policy that requires you to report the accident within a certain time frame in order for the incident to be covered.
  • Seek medical attention.
    Even if you do not notice any serious injuries at first, you should seek medical attention as soon as possible. This is particularly true if you notice any pain or strange effects in the aftermath of an accident, but it’s not uncommon to begin feeling more pain a day or two after a car collision, and you don’t want to wait that long if you can help it.
  • Consult with an auto accident attorney.
    Even if your case seems straightforward, it’s highly advised to consult with a car crash lawyer after an accident. Working with an attorney can improve your odds of obtaining the maximum amount of compensation. If a settlement cannot be reached, your attorney will be ready to take your case to court.

 

Find out more on what do after a car accident in South Florida

 

Help protect your friends and family by giving them the one essential tool they need to drive safely—knowledge.

 

Get The Help You Need

 

If you’ve been hurt in a vehicle accident in a parking lot, drive-thru, parking garage or inside a home where an accident has occurred, you may be eligible for compensation for your injuries. The South Florida Auto Accident and Personal Injury Lawyers understand your needs and dedicated to helping their clients get the maximum compensation for medical bills, lost wages, and pain and suffering.

 

Schedule a free consultation by calling (954) 488-JEFF (Fort Lauderdale), (954) 488-JEFF (Boca Raton & West Palm Beach), or 877-566-8759 (toll-free). You can also fill out this online form to set up your case evaluation. We’re a dedicated team of personal injury lawyers who work on a contingency basis and will take your calls at any time, on any day of the week.

826 expressway modifications being made

826 Palmetto Expressway and I-75 Lane Closure and Construction Schedule 2019

by Auto AccidentsPersonal Injury

 

Dade and Broward county roads are about to become a bit more confusing and request drivers to be more attentive to the road and the scheduled construction plans on the 826 Palmetto Expressway and I-75 throughout August 2019, while making room for a new Express Lane on the 826 Palmetto Expressway.

As auto accident attorneys with years of experience winning cases throughout South Florida, we know how important it is to constantly be aware of all new laws affecting drivers. We’ve put together a list below that outlines the lane closure dates and available detours provided by the Florida Deportment of Transportation (FDOT) to help you plan ahead and avoid potential hazards.

 

LANE CLOSURE SCHEDULE FOR DADE/BROWARD COUNTY ROUTES ON SR 826/PALMETTO EXPRESSWAY,  AND I-75:

 

August 8th , 11PM to August 9th 5AM

  • On I-75 two southbound outside lanes will be closed between NW 170 Street and SR 826/Palmetto Expressway.
  • On I-75 two northbound outside lanes will be closed between SR 826/Palmetto Expressway and NW 170 Street.

 

 August 8th , 9AM to August 9th 4PM

  • On SR 826/Palmetto Expressway the northbound and southbound outside shoulders will be closed between NW 25 Street and NW 103 Street/West 49 Street.

 

August 8th  10PM to August 9th 5AM

  • On I-75 two southbound inside lanes will be closed at SR 826/Palmetto Expressway.

 

 August 8th  9PM to August 9th 5AM

  • On SR 826/Palmetto Expressway one northbound inside lane will be closed between West Flagler Street and NW 25 Street
  • On SR 826/Palmetto Expressway one southbound inside express lane will be closed at Okeechobee Road.

 

August 9th  9PM to August 12th 5AM

  • On SR 826/Palmetto Expressway, the entrance ramp from southbound I-75 and westbound SR 924/Gratigny Parkway will be closed.

Available Detours:

  • Take the northbound SR 826/Palmetto Expressway entrance ramp
  • Exit NW 154 Street westbound
  • Take the entrance ramp to SR 826/Palmetto Expressway

 

August 9th  10PM to August 10th 5AM

  • On West 20 Avenue one northbound lane north of West 44 Place will be closed.

 

August 12th  9AM to August 16th 4PM

  • On SR 826/Palmetto Expressway the northbound and southbound outside shoulders will be closed between NW 25 Street and NW 103 Street/West 49 Street.

 

Stay alert when driving and especially through these areas.  Avoid any driver who is obviously not paying attention to the road. Never get into a car driven by someone who has been drinking and watch out for traffic from local bars and/or clubs. Steer clear of any driver who refuse to yield the right-of-way, don’t obey traffic signals, tailgate or pass improperly.

In the event you are involved in an accident, know what to do and your rights. With the help of an attorney, you can hold the guilty party responsible

Find out more about what to do after a car accident in South Floridatruck accident attorney law firm

 

Always remember that how you respond following an accident can be the difference between being properly compensated for all damages or potentially not obtaining what you deserve in terms of a financial settlement. Auto insurance companies deal with accident claims daily and the claims adjusters are obligated to the company and their client first. Always select a law firm that specializes in auto accidents with a solid track record of results for their injured clients to make the most impact to your claim. A skilled attorney can help you obtain compensation for medical bills, lost wages, and overall pain and suffering.

The South Florida Injury Law Firm is a trusted car accident law firm serving Dade, Broward and Palm Beach counties. We’re proud to provide each of our clients with high-quality legal representation. We’re committed to helping you receive the compensation that you deserve and owed. Helping you stay on the right track and safe on the road.

Food Poisoning: A Bigger 4th of July Danger Than Floridians Realize

Food Poisoning: A Bigger 4th of July Danger Than Floridians Realize

by Food Borne IllnessFood Poisoning

 

When most of us think about Fourth of July safety, we think about fireworks. Although improper use of fireworks can cause serious injuries, there’s a less obvious risk: food poisoning.

Most Fourth of July celebrations involve outdoor gatherings, with perishable food that’s often brought in by a number of people, some of whom may not be aware of good food safety practices.

To help you enjoy your Fourth of July and other summer festivities safely, we’ve put together this guide for preventing food poisoning.

 

Swimming Pool Liability: How Injury Cases Work in Florida

Swimming Pool Liability: How Injury Cases Work in Florida

by Swimming Pool Accidents

Swimming Pool Liability: How Injury Cases Work in Florida

Summer is upon us, and it’s peak swimming pool season in the sunshine state. Although swimming is a great way to cool off and get some exercise, it can also be dangerous.

Statistics show three children die every day from swimming pool accidents, and many more people sustain serious injuries.

In many cases, these tragic accidents can be prevented — and it’s the pool owner’s responsibility to do what they can to help. When the pool owner breaches this duty of care, he or she may be liable for the resultant injuries.

Let’s take a look at how swimming pool injury cases work in Florida.

Florida Injury Statutes of Limitations

If you are considering bringing a swimming pool liability case in Florida, understand you must do so within a set limit of time, the “statute of limitations.”

Victims sustaining an injury in a swimming pool accident have four years from the date of the accident to file suit. If a victim dies during the accident, relatives have only two years to bring a wrongful death suit.

Any lawsuits outside of these statutes of limitations will be dismissed.

Further, waiting too long before filing suit brings the severity of your injuries under question. It is important to act as soon as possible if you determine it’s appropriate to seek damages.

Determining Liability for FL Swimming Pool Accidents

The owners of both public and private swimming pools carry a heavy legal burden. They are not automatically liable for injuries sustained on their premises, but have to adhere to much stricter rules than other types of property owners.

Because a pool is considered part of a person’s property, premises liability rules apply to swimming pool injuries. Under premises liability, there are three types of entrants, with varying duties of care:

Invitee

An invitee is a patron of a public pool, and pool owners owe the greatest duty of care to invitees. Owners are required by law to maintain and repair the pool to prevent injuries to invitees. In public pools, the owners are also obligated to do the following:

  • Provide supervision
  • Provide adequate emergency equipment
  • Maintain the pool and surrounding areas
  • Post adequate signage for the pool
  • Post warnings regarding pool hazards

Licensee

A licensee is a guest on private property that was invited by the homeowner. The homeowner is obligated to warn licensees of any hazards that are not obvious to a reasonable individual, but their level of liability isn’t as high as that of a public pool owner.

Trespasser

A trespasser does not have permission to be on the property or in the pool. Therefore, a pool owner does not owe a duty of care to this type of entrant — unless the trespasser is a child, as we cover below.

To establish liability in a private pool, the victim must prove that the risk that caused the injury was not an obvious hazard, and that the injuries were not a result of the victim’s own negligent behavior.

Pools and Florida’s Attractive Nuisance Doctrine

Circling back to children trespassing, the law considers children too young to understand the risk of drowning. Therefore, Florida law holds property owners liable for maintaining an “attractive nuisance.”

An attractive nuisance is any object on a property that makes children curious and drawn to the property, including swimming pools.

Property owners are obligated to take extra precautions to keep children away from swimming pools. Ideally, it is fenced on all four sides with a child-proof gate. Otherwise, the pool must be properly covered when not in use, or alarms for all doors and windows directly accessing the pool must be installed.

South Florida Pool INjury Lawyers

Ultimately, both homeowners and public pool operators have an obligation to provide a reasonably safe environment, and to protect pool users from unreasonable hazards. If you or a loved one have suffered a pool injury, and feel it was due to a breach in their duty, you may have grounds to seek damages with the guidance of a South Florida personal injury attorney.

 

About the Author:

Jeffrey Braxton is a trial lawyer in Fort Lauderdale who has devoted his career to the practice of personal injury law. As lead trial attorney for the South Florida Injury Law Firm, Jeff has litigated thousands of cases and is a member of the Million Dollar Advocates Forum, an exclusive group of attorneys who have resolved cases in excess of one million dollars.

 

Got into a Memorial Day Weekend Crash in Florida? You're Not Alone

Got into a Memorial Day Weekend Crash in Florida? You’re Not Alone

by Auto Accidents

Got into a Memorial Day Weekend Crash in Florida? You're Not Alone

Memorial Day offers a  time to celebrate loved ones lost. It also signals the beginning of another Florida summer which often means road trip! In either case, we all find a reason and a way to cut loose.

Unfortunately, these celebrations also lead to an uptick in car accidents.

The primary causes? More cars on the road plus the sheer increase in motorists choosing to drive drunk – a dangerous, even deadly, combination.

In today’s post we share the hard numbers on Memorial Day car crashes, and offer some insight into car accident liability in this state.

Florida Memorial Day Crashes: The Hard Numbers

If you were injured in a Memorial Day car crash, you’re far from alone. In fact, Americans are four times more likely to die on the road on Memorial Day weekend than any other regular weekend.

Nearly 43 million Americans travel during this time, and every year over 300 fatal accidents occur. Many thousands more serious injuries occur, which can be permanently debilitating.

Florida’s waterways invite abundant Memorial Day festivities, so the state is actually one of the most dangerous places to be on the road over the holiday weekend.

Florida Car Accident Laws

Being involved in a Memorial Day car accident can leave you facing major financial concerns such as costly car repairs, medical bills and lost wages. This can place a major financial burden on your entire family.

When the crash isn’t your fault, you have the right to seek damages for your injuries. This holds the responsible party accountable for their negligent actions, which can also bring you some sense of closure.

However, if you plan on filing a claim, it’s important to take action as soon as possible. There are four key elements you should understand about Florida car accident liability – including the statute of limitations – which we cover below:

Reporting a Florida Car Accident

If you’re involved in a Florida car accident and the crash resulted in serious injury, death or over $500 worth of damages to the vehicles, the accident must be reported to the local police department.

This report should be made immediately following the accident, as it will be an important piece of evidence later in determining fault.

Florida’s No-Fault Car Insurance Laws

Florida has a no-fault car insurance scheme. This means that injured drivers and passengers first turn to their own personal-injury protection car insurance to get compensation for medical bills, lost income and other expenses, regardless of who was at fault.

A claim against the responsible party is only possible if the victim sustained a serious injury. This includes significant disfigurement, broken bones, permanent limitation of a bodily organ or limb, or full disability for at least 90 days.

Statute of Limitations

You will have four years from the date of your crash to file suit for damages. Cases filed after this statute of limitations will probably be dismissed.

Professionals recommend filing suit much sooner, though, as the seriousness of your injuries may fall under question when you wait several years to file suit.

Comparative Negligence

In the majority of car accidents, both drivers are at some degree of fault. When a serious injury has been sustained, Florida follows a “pure comparative fault” rule.

This means a jury is asked to calculate both the percentage of fault that belongs to each party, and the monetary value of the damages sustained by the plaintiff. The plaintiff’s damages are then reduced by the percent equal to their fault.

Fort Lauderdale Car Accident Attorneys

 

Seeking damages for a Florida car crash is an often-complex undertaking, but may be necessary to help you recover from your injuries and get your life back on track.

Knowing what to do after a car crash and seeking out the advice of an attorney if necessary can help get you the compensation you deserve.

 

About the Author:

Jeffrey Braxton is a trial lawyer in Fort Lauderdale who has devoted his career to the practice of personal injury law. As lead trial attorney for the South Florida Injury Law Firm, Jeff has litigated thousands of cases and is a member of the Million Dollar Advocates Forum, an exclusive group of attorneys who have resolved cases in excess of one million dollars.

 

Did Talcum (Baby) Powder Give You Cancer? How Floridians Can Fight Back

Did Talcum (Baby) Powder Give You Cancer? How Floridians Can Fight Back

by Talcum (Baby) Powder

Did Talcum (Baby) Powder Give You Cancer? How Floridians Can Fight Back

Johnson & Johnson has been a trusted name in cosmetics and household products for decades. However, in recent years, they have come under fire for lawsuits that suggest their talcum powder products caused cancer.

The company isn’t just paying with a blow to their reputation, either. Earlier this year, a woman in California won $29 million in a product liability lawsuit against the brand.

If you have been diagnosed with cancer and have used Johnson & Johnson products in the past, it’s important to learn about this lawsuit and how you could possibly be entitled to compensation for damages related to your diagnosis.

Before discussing the case, it’s important to know what products you can use and what you should stay away from.

Is Baby Powder Dangerous?

The products under fire contain Johnson & Johnson’s talcum powder. Talcum powder and baby powder are pretty simple products, and talc on its own is not dangerous. It is a natural ingredient containing oxygen, silicon, and magnesium, and ingesting talc alone will not cause ovarian cancer.

On the other hand, when talc becomes talcum powder, naturally occuring minerals and ingredients may slip into the mix. Asbestos is one of those naturally occuring minerals.

You’ve probably heard of asbestos as a known carcinogen, linked to a number of different cancers. Before Johnson & Johnson’s trouble, you might have heard about it watching an HGTV home improvement show, because it is most commonly known to be found in building materials and mining sites.

Talcum powder that contains asbestos is especially dangerous, particularly when inhaled or used around the genitals, and until the 1970’s not much was known about asbestos in cosmetic products at all.

It wasn’t until 1976 that The Cosmetic, Toiletry, and Fragrances Association took action for the first time to prevent asbestos from appearing in talc powder and similar products. As a consequence, many people exposed to asbestos before then didn’t know they had a higher risk of developing cancers, and they were diagnosed many years later.

Asbestos in Johnson & Johnson Products Led to Woman’s Mesothelioma

…or so says the jury in California.

In January 2019, this case was brought to trial. The plaintiff claimed that she used Johnson & Johnson products in the 1960s and 1970s. In 2017, the plaintiff was diagnosed with mesothelioma (a type of lung cancer).

Asbestos in Johnson & Johnson Products Led to Woman’s Mesothelioma

How did she win the case?

She argued that Johnson & Johnson did not properly disclose the risks that came with using talcum powder when they were used by the plaintiff. This negligence, according to the jury, puts the company at fault for the damages she incurred.

Those damages, including coverage of medical treatments, costs of emotional distress, and other expenses related to the diagnosis, justify the $29 million settlement.

This case is one of at least a dozen that J&J will face this year. In recent years, they have lost a number of product liability cases like this one, but some they have also won.

If you think your cancer diagnosis might have something to do with talcum powder or another product with asbestos, will you be able to fight back in court?

Would This Case Hold Up in Florida?

If you want to bring up any product liability case in Florida, you will have to do so for one of three reasons:

Design Defects

If the designer of the product knowingly included potentially harmful elements while being used as it was intended, it would be classified as a design defect.

Manufacturing Defect

Manufacturing defects may be present if the product was designed to be safe, but the end product was not safe for users due to how it was manufactured.

Failure to Warn

If there are risks in using a product, but the manufacturers don’t accurately or effectively include them in a written warning, they may be held liable.

The $29 million lawsuit could certainly hold water if we are only considering these elements of product liability. Unfortunately, even if you can link a cancer diagnosis back to asbestos-laden products from the 60s and 70s, you might not be able to take this case to a Florida court.

The Importance of Florida’s Statute of Limitations in Defective Product Suits

Florida has statutes of limitation, or time limits, on product liability cases. You have four years from the time you discovered an injury to file a product liability suit.

Further, if you suffered the death of a loved one due to cancer-ridden talcum powder or other defective products, you have two years after the date of their death to file.

If your circumstances meet these requirements, it may be time to consider filing suit.

Talcum Powder Personal Injury Claims Lawyer

Ready to File? Here Are Your Next Steps

Before you start fighting for the compensation you deserve, reach out to a Florida personal injury lawyer who specializes in product liability cases.

A knowledgeable legal professional can help you file the proper paperwork, ask for the right amount of compensation, and begin gathering evidence that will help you win your case.

 

 

About the Author:

Jeffrey Braxton is a trial lawyer in Fort Lauderdale who has devoted his career to the practice of personal injury law. As lead trial attorney for the South Florida Injury Law Firm, Jeff has litigated thousands of cases and is a member of the Million Dollar Advocates Forum, an exclusive group of attorneys who have resolved cases in excess of one million dollars.