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10 Mistakes That Could Ruin Your Personal Injury Case

March 2, 2015

by South Florida Injury Law Firm Personal Injury Claims

When you’ve just suffered injury in a traumatic auto accident, it’s understandable that you feel a little shaken, panicked, and perhaps even a bit disoriented. But how you conduct yourself after an accident is a huge determining factor in your ability to file a successful personal injury claim. Below, we’ve listed some of the most common mistakes injured parties make that can result in claims being denied or significantly reduced in value.

Failing to call the police. When another driver causes an accident, he or she may try to convince you not to call the police. However, a police accident report is vital to your personal injury case, since it’s one of the clearest ways to demonstrate that you were not at fault. Without it, the other driver may try to manipulate the truth when speaking to their insurance company in an attempt to appear not at fault. Even in Florida, which is a no-fault state, this can be important for an injury claim.

Failing to seek medical attention. Medical documentation is very important to your injury claim. It’s essential to seek medical treatment after an auto accident as soon as possible—even if you feel your injuries were minor. Oftentimes, car accident injuries don’t fully materialize for days or even weeks after the accident. If you wait too long to see a doctor, insurance companies may argue that you couldn’t have been hurt that seriously, and therefore don’t deserve compensation, or that your injuries were sustained in another way.

Failing to be honest with your doctor. While visiting a doctor after your injury, make sure to answer his or her questions as honestly as possible. Don’t try to conceal any previous injuries or illnesses, which can both impact the quality of care you receive and harm your legal case. If you supply doctors with false or partial information, you give insurance companies grounds to have their opinions invalidated in court.

Missing doctor’s appointments. Your medical records can be accessed by both insurers and juries. Your records will contain information about any missed appointments, and this information can be used as evidence of your lack of commitment to recovery or the minor nature of your injuries.

Neglecting to take prescribed medications. Much like missing appointments, neglecting to take prescribed medications or follow your doctor’s advice can demonstrate a lack of commitment to recovery, and severely harm your claim.

Ending medical treatment prematurely. If you stop your medical treatment too early, insurance companies may argue that you must be completely recovered from the accident. Similarly, if there are large periods of times between your treatments, insurers may argue that you could have recovered from your initial injury and may now be seeking treatment for an unrelated injury. It’s a good idea to continue treatment until you are confident in your full recovery, or a doctor advises you to do so.

Posting sensitive information online. Insurance companies are likely to search the internet for information that can invalidate your claim. If you use Facebook, Twitter, or other social media sites, refrain from posting details or photos of your injuries or the accident online in status updates, comments, or blog entries. Remove previous posts that could limit your claim, such as a post on an old injury.

Losing important documents and information. To help your case, it’s highly advisable to keep track of medical treatments, doctor’s orders, and work restrictions. If possible, take photographs of your visible injuries—including scars and bruises—and the damage to your vehicle at the scene of the accident. This information will be invaluable when evaluating your case with your lawyer.

Giving in to insurance companies. To dissuade you from getting an attorney, insurance company representatives may contact you to try and reach a settlement. Without an experienced and aggressive attorney helping you, insurers know they will be able to get away with paying you a substantially smaller settlement. Always remember that insurance companies are first and foremost a business, and their main goal is to secure maximum profit for their company by paying you as little as possible. Never give a statement or sign a document with an insurance company before speaking with a lawyer.

Waiting too long to contact a lawyer. Under Florida law, you only are allowed a brief window of time to file a personal injury claim. That’s why it’s of the utmost importance to consult with an experienced Florida auto accident attorney as soon as possible. Your attorney can help you evaluate the true value of your claim, and keep insurers from bullying you out of the compensation you deserve. With your attorney’s assistance, you can fight for your right to compensation for medical bills, lost wages, and overall pain and suffering.

Loophole in Law Keeps Drunk Drivers on Our Streets

February 23, 2015

by South Florida Injury Law Firm DUI Accidents Uncategorized

If you or a family member has even been injured in an accident caused by a drunk driver, you probably understand why Florida DUI laws are so strict. Tough DUI laws not only encourage drivers to think twice before getting behind the wheel of a car after drinking,” quote=” Tough DUI laws not only encourage drivers to think twice before getting behind the wheel of a car after drinking, they allow officers to pull over drivers they have reason to believe are intoxicated. By doing so, they remove these dangerous drivers from the road, and make our streets and highways safer for other drivers, bicyclists, and pedestrians.

But a newly discovered loophole in the law is unleashing many drunk drivers back onto the road after they’ve been pulled over. It was local criminal defense attorney Warren Redlich that brought attention to this loophole, pointing out that a driver can avoid being charged with a DUI simply by refusing to roll down their window. By keeping the car window up, a driver makes it much harder for officers to smell alcohol, hear slurred speech, or detect other indications of intoxication.

As Redlich explained to reporters from NBC Miami, “normally what [police officers] look for is: Do you have impaired speech? Do you have impaired motor coordination? Does he smell of alcohol? If you don’t roll down your window and don’t speak, you’ve taken away some of those.”

According to Redlich, drivers should refrain from rolling down their windows entirely, and instead show a card that reads “I remain silent. No searches. I want my lawyer,” along with their license, registration, and insurance.

Today, YouTube videos of drivers following Redlich’s advice are going viral, with many clips depicting drivers refusing to roll down their windows and simply being waved through DUI checkpoints.

Why Is this Loophole So Dangerous?

Redlich and drivers who employ his tactic to skirt DUI checkpoints argue that they are asserting their rights. In actuality, they are making Florida roads much more dangerous for everyone around them. DUI checkpoints exist to keep intoxicated drivers off the road, and this loophole allows them to pass through the checkpoint and continue on driving along our roads, where they can easily cause auto accidents, injury, and destruction.

It is likely that the only individuals who would resort to such a loophole are drivers who are trying to hide alcohol on their breath, slurred speech, and delayed responses—the very people DUI laws are meant to keep off the road. People who have been drinking—even if they are not quite over the legal limit—are a big threat to their fellow drivers, pedestrians, and surroundings. The common negative effects of alcohol consumption on a driver include:

Reduced coordination
Limited capacity to track moving objects
Slowed response to emergency situations
Difficulty steering
Difficulty controlling speed
Difficulty concentrating
Impaired perception
Limited capacity for processing information

With this loophole, impaired or intoxicated drivers suffering from these and other alcoholic effects are allowed to continue driving on Florida roadways, where they are likely to cause problems, including accident and injury.

If you or someone you love has been injured due to a drunk driver who was released back onto the road because of this legal loophole, contact a top DUI accident attorney. A skilled attorney will be able to help you obtain compensation for medical expenses, repair fees, and overall pain and suffering. What’s more, you’ll be able to raise awareness of the negative consequences of this unfortunate loophole in our vital Florida DUI laws.

About the Author:

Jeffrey Braxton is a trial lawyer in Fort Lauderdale who has devoted his 22-year 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.

Protecting Yourself from Road Rage and Aggressive Drivers

February 16, 2015

by South Florida Injury Law Firm Auto Accidents

There’s no denying that driving can be stressful. Even the best of us have found ourselves yelling at another driver or cursing under our breath when we are stuck in particularly bad traffic, running late to work, or just having a bad day.

Feeling stressed or irritated during undesirable driving situations is normal, but a problem arises when these feelings escalate into road rage or aggressive driving.

[clickToTweet tweet=”Road rage is defined as violent or visibly angry actions by a driver, while aggressive driving ” quote=”Road rage is defined as violent or visibly angry actions by a driver, while aggressive driving includes dangerous behaviors such as tailgating and running red lights.”]

Most drivers know how to control feelings of frustration and anger on the road before they escalate into violent or aggressive behaviors, whether by taking deep breaths, putting on soothing music, or simply letting the feeling go. But how do you deal with road rage or aggressive driving from the driver in the car behind you?

When you are sharing the road with an aggressive driver, it can be a frightening and perilous situation. Here are some tips on handling aggressive drivers, and protecting you and your family from acts of road rage:

Keep calm. Even if another driver is acting angrily or aggressively, it’s important to keep your own behavior calm and courteous. If another driver acts aggressively by cutting you off or tailgating, your reaction to his or her behavior will determine what happens next in the situation. Whenever possible, try to avoid conflict. If he or she attempts to engage you in an argument, ignore them and drive away.

Avoid eye contact. Even if it is not your intention, eye contact can be perceived as a challenge. Since many aggressive drivers are driven by personal insecurities and frustrations, they can be set off by something as simple as a raised eyebrow or smirk.

Refrain from using inflammatory gestures. It can be tempting to honk, swear, or make inflammatory hand gestures if someone is driving poorly or aggressively, but doing so can inflame a driver’s temper. Instead of releasing frustration or anger in this way, wait until you’re off the road to vent by sharing the story with a friend.

Leave some room. It can be tempting to scoot your car up into open space when there’s a lot of traffic around you, but this can cause some drivers to feel anxious and irritated. Try to leave a few feet behind the car in front of you to avoid agitating a fellow driver and to allow yourself space to make a speedy exit if the situation calls for it.

Stay out of the left lane. If a driver is trying to bully you into speeding up, move out of the right lane to let him or her pass. Put on your blinker to let the driver know you are planning to let them pass, and switch lanes when it’s safe to do so.

Follow traffic laws. A somewhat obvious but no less important way of preventing road rage is to follow local traffic laws as closely as you can. Always use directional lights to indicate a lane change and follow cars at a safe distance. Remain in one lane whenever possible and drive within the speed limits. Avoid texting or using your phone while driving. Use your horn only when absolutely necessary.

Find another parking space. It can be frustrating when another driver swipes the parking space you’ve been waiting for, but it’s not the end of the world. Instead of getting angry and trying to start an argument, assume that the driver may not have seen you and seek another space.

Stay safe. If a driver is acting aggressively, lock your doors and leave enough space in front of you to pull out. Call 911 if an angry driver approaches your car.

Report road rage and aggressive driving. It’s advisable to report incidents of aggressive driving or road rage to Florida law enforcement. Be sure to include details such as license plate number, make and model, and direction of travel.

When driving, it’s a good idea to be tolerant of non-conforming traffic behaviors to a reasonable degree. But if another driver’s road rage or aggressive driving behavior causes you to get in a car accident, that’s when tolerance should end.

If you have been involved in an accident due to another’s angry or aggressive behaviors despite your own efforts to practice safe driving, contact a knowledgeable accident attorney as soon as possible. A skilled lawyer can help you hold dangerous drivers accountable for their actions and prevent them from causing similar accidents in the future. Not only will you be able to help keep aggressive driving off the road, you may be able to recover compensation for repairs, medical bills, and overall pain and suffering.

Prescription and OTC Drugs Can Impair Drivers

February 9, 2015

by South Florida Injury Law Firm Auto Accidents DUI Accidents

In recent years, law enforcement agencies across the country have been cracking down on drunk drivers. With new marijuana legislation sweeping the nation, it looks like another crackdown could be right around the corner for individuals caught driving under the influence of marijuana. But while these are important steps to take in the fight against DUIs and DWIs, and it is extremely important to patrol drivers’ use of alcohol and marijuana, these are not the only drugs that can cause impairment.

When it comes to impaired driving, prescription and over-the-counter drugs can be just as harmful as any illegal drugs – especially if you’re on the receiving end of an accident with an impaired driver.

The Real Dangers of Prescription Drugs

Most of us tend to think that if something comes to us from a doctor, that makes it totally safe. We believe this even if the drugs in question issue clear warnings about engaging in certain activities, such as operating heavy machinery. But did you know that it goes even further than that?

As the FDA points out, even over-the-counter (OTC) drugs can be extremely dangerous. According to them, some of the most dangerous OTC drugs when it comes to driving impaired include:

Antihistamines
Antidiarrheals
Anti-emetics

Each of these drugs can cause drowsiness, which can be very dangerous for drivers. While it may seem minor, drowsiness behind the wheel is no laughing matter. As reported by DrowsyDriving,org, driver fatigue accounts for approximately 100,000 car crashes each year. These accidents result in approximately 1,550 deaths and 71,000 injuries annually. So whether you’re driving a car, a motorcycle, or a bus, it’s imperative that your head is clear while you’re behind the wheel.

To protect yourself and others against impaired driving under the influence of OTC or prescription drugs, make sure to follow these few simple rules:

Read the warning labels. If an OTC drug package says something like “May cause drowsiness,” or, “After taking this drug, be careful when driving or operating machinery,” heed these warnings.
Read the ingredients lists. Make sure to read the ingredients lists on all OTC medicines, and make note of each active ingredient’s designated use. If any of the ingredients are used as antihistamines, antidiarrheals, or anti-emetics, be on your guard.
Talk to your doctor or pharmacist. Make sure that your doctor knows which drugs you are taking and if you have any preexisting conditions. You never know how drugs may interact with one another, or what effects they may have on your body.

Bear in mind that even if a drug seems harmless, and even if you have taken the drug multiple times without any effects, you can never be too cautious. Today is a new day and you never know how a drug will affect you this time around.

If You’ve Been Injured By An Impaired Driver, Fight Back

All of this is important for injury victims to know, too, because if you’ve been injured in an auto accident, it’s vital not to automatically rule out the possibility of DUI. Even if you don’t smell booze or marijuana on the other driver, it’s still very possible that other drugs may have been involved.

According to CBS News:

Almost 70% of Americans use prescription drugs
More than 50% of Americans take two or more prescriptions
20% of Americans are using five or more prescription drugs

Even though these drugs are perfectly legal to consume, there isn’t a single prescription out there that doesn’t come with some risk of side effects. Sometimes, these side effects can be serious. This means that anyone who uses a prescription drug, no matter how legal it is, can be at risk of impairment.

[clickToTweet tweet=”If you’ve been injured by someone driving under the influence of prescription drugs, fight for the justice u deserve.” quote=”If you’ve been injured by someone driving under the influence of prescription drugs, fight for the justice that you deserve.”]

Contact an accident attorney at The South Florida Injury Law Firm today.

Is the Personal Injury Stigma Stopping You from Fighting?

February 2, 2015

by South Florida Injury Law Firm Personal Injury Lawyer

Does seeing a personal injury ad on TV make you suspicious? Maybe the face of a lawyer on a billboard makes you cringe. If you’re hesitant to trust personal injury attorneys, it’s okay—you’re not the only one. Unfortunately, personal injury law is often one of the most stigmatized areas of legal practice, and personal injury attorneys are sometimes considered conniving thieves who only have their own best interests in mind.

But as anyone who has been injured in a personal injury case can attest, personal injury is a legitimate and very serious area of law that requires finesse and capability, and personal injury lawyers—as hard as it might be to believe—really do have the public’s best interest at heart.

What is Personal Injury Law?

Personal injury law refers to the legal disputes that arise after somebody suffers an injury as a result of someone else’s misconduct. Personal injury cases are some of the more common cases that people see or hear about, but this is simply because there are so many opportunities for individuals to be injured at the hands of others. Some injuries that may be eligible for personal injury lawsuits include those that result from:

The specific damages that qualify as “personal injuries” are just as numerous. In fact, personal injury damages can include such a wide array of grievances that it’s almost impossible to list them all. Some of the more common injuries include:

Brain injuries
Broken bones
Paralysis
Disfigurement
Illnesses

It is important to understand that the prevalence of personal injury cases in no way detracts from their severity. Personal injury cases are serious and require the utmost respect and professionalism when dealing with them.

The Secret Lives of Personal Injury Lawyers

Sure, there is a lot of negative propaganda out there about personal injury layers. But the fact is that lawyers like myself and others do a lot of good that the public does not always see.

As BizJournals recently pointed out, it was a personal injury lawsuit that is credited with exposing the ignition switch issue that resulted in the major GM automobile recall in 2014. Had it not been for that one personal injury case that was held following the death of a victim, the issue might not have been brought to light at all and many more deaths may have resulted.

In fact, personal injury lawyers are often to thank for major recalls like this, and we contribute to consumer safety in a number of other ways as well.

Providing a system of checks and balances for major (and not-so-major) corporations.
Giving companies an extra incentive to move forward with product improvements such as better-quality safety belts and airbags in cars and the placement of warning labels on potentially dangerous products.

It would be nice if businesses did these things out of the kindness of their hearts, but it’s just not true. Most of the time, these changes only come about following successful legal proceedings in which lawyers fight tirelessly to defend their clients.

In cases like these, when personal injury lawyers are going up against huge corporations with mammoth legal teams on their sides, they need to fight vigorously and often to the point of exhaustion. However, the lawyers’ determination and belief in their clients’ claims push them forward. Personal injury lawyers put it all on the line not only so that their own clients receive the compensation and recognition that they deserve, but also so that major corporations must make necessary changes to make their products safer for everybody. Without these lawyers’ resolve, major corporations may never be held accountable.

Don’t Hold Yourself Back

Do not let other people’s negative portrayals of personal injury lawyers stop you from getting the defense that you deserve. The truth is that personal injury lawyers are here to protect you and will do everything it takes to make sure that your voice is heard and your suffering does not go unnoticed.

By failing to equip yourself with a smart attorney, you are allowing a negligent individual (or company) to evade responsibility for something that they should not be allowed to get away with. Responsible persons should be held accountable for their mistakes, especially if those mistakes cost you your or your family your peace of mind.

If you’ve been injured as a result of someone else’s negligence, defend yourself. Don’t let negative media portrayal of personal injury lawyers prevent you from fighting for what you deserve. Contact a knowledgeable personal injury lawyer today.

About the Author:

Keurig Coffee Maker Product Liability Lawyer

Burned by Keurig? You’re Not the Only One

January 26, 2015

by South Florida Injury Law Firm Product Liability

As many of us have learned from stepping on a child’s seemingly innocent Lego—sometimes, it’s life’s most wonderful pleasures that bring the most agonizing pain.

Sadly, hundreds of individuals were brought to this conclusion yet again after being burned by their Keurig machines while waiting for their coffee to brew. As NBC recently reported, Keurig is currently recalling almost 7 million coffee makers that were produced between 2009 and 2014. The company stated that it had received about 200 reports from users stating that scalding hot water inexplicably sprayed from their machines. Ninety of these incidents resulted in burn-related injuries.

Product Defects

This is a huge recall for Keurig, the coffee brewing company that has become a household name for many Americans. But large-scale recalls like this are far from unheard of, even for major corporations.

In 1982, Tylenol recalled approximately 31 million bottles after 13 people died after taking the iconic pills (an event that eerily predicts our current problem with prescription drug defects). In 2007, 1 million Easy Bake Ovens were recalled after Hasbro received several complaints about young children being burned on the toy. And just last year, car manufacturer GM recalled approximately 26 million cars with faulty ignition switches that had led to 31 auto accidents.

Is any company—or product—safe from recalls? Unfortunately, probably not. There are simply too many things that can go wrong in the assembly process that can result in products being defective in any number of ways.

Product recalls are generally a result of one of three types of defects:

Design flaws. Design flaws are generally those that permeate all products in a certain line, because the problem is inherent in the very blueprint of the product. Design flaws are present in products even if they were manufactured perfectly.
Manufacturing flaws. Manufacturing flaws are those that occur as a result of a manufacturing error – a mistake made during the physical process of building the product. These defects are usually only present in one type of product—that is, one particular product that had to undergo a specialized manufacturing process—and do not apply to an entire product line.
Failure to provide adequate warning. This is the most easily avoidable type of defect. So-called “failure to warn” defects are those that fail to provide adequate notice about the proper way to use a certain product. These defects are particularly dangerous on products that can be seriously damaging to the user if used improperly, such as power tools or large appliances.

Because any of the above product defects can result in harm to you or your family, and because manufacturers have a duty to create products that won’t cause harm when being used properly, it is vital that you hold them responsible.

What Can You Do?

Unfortunately, product defects can sometimes result in serious personal injury. From minor bruises as a result of an improperly assembled chair to severe physical injuries and even death that can occur due to an improperly manufactured brake pedal.

Even if you find yourself going up against a large corporation, don’t be afraid to stand firm and defend yourself. Companies have a responsibility to consumers to keep them safe, and if any company fails to do so, you need to fight back both to keep something like this from happening to another person and to get the compensation you need to adequately cover your pain, suffering, and expenses. Contact the law offices of The South Florida Injury Law Firm today and get the justice you deserve.

About the Author:

Harsher Penalties for Texting While Driving Coming?

January 19, 2015

by South Florida Injury Law Firm Texting & Driving

There is no arguing that texting and driving has become a serious cause of automobile accidents in the United States. So much so, in fact, that it has actually become a front-burner issue for a number of organizations, from branches of the government to cellphone companies. “It can wait” bumper stickers are popping up on cars everywhere, and all across the nation, laws are being developed to prevent and discourage texting while driving.

Florida is no exception. There are laws on the books against texting while driving, and now Florida’s anti-texting and driving campaign seems to be picking up speed as multiple new bills are set to appear before Florida Legislature this spring, as reported by News-Press.

Texting and Driving Laws in Florida

As mentioned above, it is already against the law to text while driving in Florida. However, doing so is only a secondary offence, meaning that police officers can offer citations for it only if the driver was pulled over for another reason. According to News-Press, the new bills that are set to appear before Legislature this spring would serve to enhance those existing laws. Some new laws that these bills seek to enact include:

Making texting while driving a primary offense, so that texting and driving itself would be an acceptable reason to pull a person over
Imposing a criminal penalty on any driver who was using a cell phone at the time of a fatal accident
Forbidding all cell phone use when driving in school zones

If even one of these bills passes, it could seriously change things for Florida drivers. If drivers continue to text while driving, the consequences they face could be severe, from paying fines and doing community service to serving significant jail time. The increased accountability implied in all the proposed laws means that Florida drivers would have to be more cautious and more aware.

Dangers of Distracted Driving

In the United States, distracted driving is a problem of almost epidemic proportions. Anything from using a GPS, to traveling with a pet, to eating or drinking while driving can count as distracted driving, and all forms of distracted driving are extremely dangerous—not only for other drivers, but for pedestrians as well.

Still, however, men and women continue to drive while distracted, and the number of accidents, injuries, and deaths that occur as a result continues to climb. According to StopTextsStopWrecks.org:

As of 2012, 78% of teens and young adults say they have read a text message while driving, and 71% say they have composed or sent text messages while driving.
As of 2012, 11% of all drivers under the age of 20 involved in fatal crashes were distracted at the time of the crash.
A person’s eyes are off the road for an average of five seconds while texting. If you’re traveling at 55mph, five seconds is enough time to cover the length of an entire football field.
Texting while driving enhances a person’s chance of getting into in a car crash by 23%.

Due in no small part to these statistics, “Take the pledge” campaigns gained a lot of popularity in recent years. According to ItCanWait.com, over 5 million people have signed their pledge to not text and drive. Clearly, drivers are aware of how dangerous it can be to text and drive. Yet far too many of them still do.

And other drivers and pedestrians on the road are suffering the consequences. Injuries that result from distracted driving accidents are many and varied, and they can be traumatizing not only to the victims but to their families and friends as well. Victims who have been hurt in distracted driving accidents may not only suffer the inconvenience of a damaged or totaled vehicle, they may also have to deal with personal injury in myriad forms—from minor cuts and bruises to lost limbs or disfigurement.

Hit by A Distracted Driver?

If you’ve been injured in an auto accident caused by a driver who was texting while driving, one of the first steps you take should be to speak to a qualified legal representative. Texting and driving is illegal and if you’ve been injured as a result of a distracted driver, you were injured by someone who was breaking the law. That person needs to be brought to justice, not only for your sake but also for the sake of other drivers and pedestrians who are at risk because of his or her negligence. Contact the law offices of Sootsky, Perez & Braxton today to get the compensation you need and put your life back on track.

Florida Toll Roads Not as Safe as You Think

January 12, 2015

by South Florida Injury Law Firm Auto Accidents

Just by getting behind the wheel of a car, you’re taking a risk. Whether you’re driving on a side street, multi-lane highway, toll road, or “free road,” there are always certain dangers that you may face as a driver.

Surprisingly, though, research has shown that some roads are actually safer than others. In a 2008 study, toll roads were shown to be 36% safer than non-toll roads (“free roads”), based on fatality statistics from previous years.

Recently, however, the Orlando Sentinel reported that accidents on Florida toll roads have been increasing dramatically over the past four years. According to the Sentinel, 2014 saw almost 260 accidents on toll roads—that’s a 170% increase from three years prior, when there were only 96 crashes on the same roads.

Why the Increase in Toll Road Accidents?

Florida has 734 miles of toll roads—more than any other state in the country. To an extent, the increase in accidents is likely a result of an increase in traffic. The Sentinel reports that Florida toll roads have seen more traffic in recent years due to the fact that the economy has been on the upswing and more people are willing to drive on roads that require tolls if it means an easier commute. The Sentinel also cites bad weather and distracted driving as two of the main issues for South Florida auto accidents – on and off toll roads.

When you’re driving on toll roads this year, be aware of some dangers you may come across.

Bad weather. Especially in South Florida, bad weather can surprise you at any time of any day. Remember that dangerous driving conditions require reduced speeds and increased alertness.
Distractions. Of course, texting and driving is one of the main causes for accidents on the road. But distractions can come in countless other forms as well—even something as simple as having someone in the passenger seat can be a distraction. While you’re driving, be sure to focus all your attention on the road. With factors on the road changing so constantly, you need to really concentrate to stay on top of your game.

Inexperienced drivers. While teenagers certainly won’t admit it, new drivers are often a hazard simply because they lack experience. Young drivers are more prone to panic behind the wheel or make hasty and dangerous decisions, which could put them and other drivers at risk. This is especially true on toll roads, which is a new environment for many inexperienced drivers and can be overwhelming.

No matter how long you’ve been driving, you’re never too experienced to obey the rules of the road. Whenever you’re driving—either on toll roads, “free roads,” or even in parking lots—makes sure to be careful and alert at all times to avoid potential accidents and injuries.

What Can be Done to Decrease the Number of Accidents?

One Florida toll road agency has been campaigning to make toll roads safer through the installation of new electronic payment systems. These systems allow cars to pay tolls without stopping at booths, which will hopefully lessen incidents of accidents since drivers will be able to continue driving without interruption.

Still, your best defense against toll road accidents is to simply be on your guard and always give the road your undivided attention.

Even when you are as careful as possible, though, sometimes accidents still manage to find you. If you or a loved one has been injured in an accident on a Florida toll road, contact the attorneys at The South Florida Injury Law Firm to help you analyze your case and fight for the compensation you deserve.

About the Author:

Defective Gifts May Cause More Than a Return Hassle

January 5, 2015

by South Florida Injury Law Firm Product Liability

The holiday season is over. We’ve all eaten too much horrible, delicious food, entertained relatives well past their expiration date, listened to Michael Bublé for the first time in a year, and (hopefully) found the perfect gifts for everyone on our list. Lights, trees, menorahs, and other artifacts of the season are soon to come down, if they haven’t already, and most of us are ready to move on.

But not quite yet. We’re still trying on new clothes and playing with toys made for kids of all ages, and many of us may even be planning a trip to the store to return or exchange something (remember to bring your photo ID, because this year retailers are really trying to crack down on return fraud).

And then there are those for whom the hassle of remembering to bring a license would be a luxury. They received something that ended up being defective. If they’re lucky, that just meant that it was broken in some way and didn’t do what they wanted. But if they’re unlucky, it’s quite possible that the defect in the product may have caused harm to them or someone they love. In extreme cases, people have even been killed by product defects.

What do you do if this has happened to you? Get in touch with a defective products attorney as soon as possible and document everything as thoroughly as possible. These kinds of cases can be complicated and contentious, so the more evidence you have and the earlier you can start building a case, the better off you are.

How Do You Know If a Product Is Defective?

Dealing with a defective product can be scary, dangerous, and difficult, but there are ways that you can protect yourself and stay out of this situation. The first and easiest is to head to Recalls.gov and look to see if a product you have is on the list and why. But because a product doesn’t have to be recalled to be dangerous, and because companies sometimes fight back even after a recall is made, it can also be smart to do a Google search for problems with your specific item. You might be shocked to discover that several people have complained or written reviews about something that seems like a serious problem for a product that’s still readily available – this kind of thing happens all the time.

So, what should you look for if you’re worried about a particular product but there’s nothing out there – yet – that speaks to a specific problem with it? Since we’re talking about things received around the holidays, let’s take a look at toys specifically. Many toys will have labels warning you about potential problems, but often these are incomplete because the manufacturers simply don’t account for all of the creative ways that kids can hurt themselves.

Loose parts. If a toy easily comes apart – even if the effect is intentional – be wary. Small parts can be choking hazards, and large parts may end up causing cuts.

Zippered animals. Some stuffed animals come with zippers that allow access to the “stuffing” part of the toy. Presumably, this is so parents can easily refill the animal if the need arises, but it also provides easy access to young fingers, and if your little one gets the stuffing out, it’s going one of two places – on the floor, or in their mouth. If the latter occurs, it’s a choking hazard.

Cords. Lots of toys have strings or cords, and in theory they’ve been designed with strict safety standards mind, but that doesn’t mean they can’t accidentally strangle your child. Keep close watch.

Balloons. Why are balloons dangerous? You guessed it – because kids can choke on them. This is actually an incredibly problematic item, because even older kids can choke to death if a latex balloon gets caught in their throat.

Chemicals. Who puts chemicals in kids’ toys? Lots of manufacturers. Most people know to watch out for lead paint, but toxic chemicals have also been found in things like chalk, toy jewelry, and more.

Electronics. All electronic toys are potentially dangerous because you likely won’t be able to tell if there is a manufacturing or design defect until it is too late and they suffer a burn or the device shocks them.

Anything small. Young children put things in their mouths. It’s a universal truth. So if they receive any gift with small parts that might lodge in their throats – especially parts that look enticing in some way – either keep them away or only let them use the toy in your presence.

Of course, it’s not possible to know about many defects in advance, and the vast majority of products out there are completely safe. The best thing that you can do is to keep an eye on toys – especially new ones – when your child is playing with them, and simply know your son or daughter. If they act oddly every time they interact with a specific toy, something is probably going on and you should talk to a skilled attorney.

Teen Killed After Being Ejected from Fair

December 29, 2014

by South Florida Injury Law Firm Wrongful Death

Picture this: your teenager is hanging out with his friends at the local fair, joking around and just being a kid. Despite not doing anything wrong, police and fair officials pay extra attention to him and his friends, seemingly waiting for them to misbehave. After a melee that your son was not involved in, he’s detained by the sheriff’s department, kicked out of the fair, and told to get moving.

An 8^th-grade honor student, your son isn’t one to push back against authority, so that’s exactly what he does. Unfortunately, his route on foot forces him to cross four lanes of Interstate 4 traffic, and one car just doesn’t see him in time. He’s struck and killed almost immediately, and you’re left to mourn and wonder how something like this could have happened.

This is exactly what Andrew and Deanna Joseph are going through right now – every parent’s worst nightmare. Day-to-day living is tough. But celebrations like the holidays are worse because those are the times you cherish the most, and now your child won’t get to enjoy them anymore.

Possibly the worst part for the Josephs is knowing their child wouldn’t have been anywhere near that highway if he hadn’t been targeted at the fair and unjustly ejected. Because of this, they’ve decided to sue the Florida State Fair Authority and the Hillsborough County Sheriff’s Office for civil rights violations and wrongful death.

Which begs the question: do the actions of the Fair Authority and Sheriff’s Office constitute wrongful death?

What Does Wrongful Death Mean in Florida?

If you look at the letter of the law for Florida wrongful death, it’s tough to say definitively whether or not the Josephs should win their case. The statute says that a wrongful death occurs:

“When the death of a person is caused by the wrongful act, negligence, default, or breach of contract or warranty of any person…and the event would have entitled the person injured to maintain an action and recover damages if death had not ensued, the person or watercraft that would have been liable in damages if death had not ensued shall be liable for damages as specified in this act notwithstanding the death of the person injured, although death was caused under circumstances constituting a felony.”

There seem to be ways to argue the first part. The fair ejecting their son could be construed as a “wrongful act” and arguably constituted “negligence” since they were sending a 14-year-old off on his own without any adult supervision. Doing this led to him crossing the highway and getting hit by a car.

The part where it gets a bit dicey is at the very end: “death was caused under circumstances constituting a felony.” Meeting this part of the law would seem to require a charge of culpable negligence and hinge to a large degree on the ability to show that officials were acting inappropriately when they sent away a minor.

Is it possible to prove something like this in a wrongful death case? Yes. Is it easy? No.

That’s why it is so important to consult with an experienced wrongful death attorney if you believe that someone else should be held liable for the death of your loved one. Only someone who has successfully handled these types of cases before can offer you the insight you need – both in deciding to pursue or drop the case and in coming up with a strategy to help you win.

Nothing can bring back the person that you’ve lost, but winning a wrongful death lawsuit can help you to find closure, get back on your feet financially, and enact change so no one else has to go through this again.

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