South Florida Injury Law Firm Attorneys Broward Palm Beach Case Review

South Florida Distracted Driving Accidents & Laws

January 28, 2022

by South Florida Injury Law Firm Auto Accidents Distracted Driving

We don’t have the most accidents in the country, but we’re near the top. Florida placed third on the most dangerous U.S. states for driving list, with speeding the primary crash cause. Texas and California are ahead of us.

The Florida Highway Patrol reports there are about five distracted driving accidents in Florida every hour.

We all know Florida is not the safest state for drivers, cyclists, and pedestrians. But distracted driving is making the roadways even more dangerous.

Whenever you think of distracted drivers around South Florida, you may assume it’s only using your phone wile driving. Although it is a leading reason in distracted driving accidents, it’s not the only thing that takes attention away of drivers on the road.

What Is Distracted Driving?

In Florida, distracted driving is defined in a very broad range of things that can be considered as a distraction for dfriving as “any activity which takes a person’s hands off the steering wheel, eyes away from the road, or mind (thoughts) away from driving, creating manual, visual, and cognitive distractions for driving.”

Distractions endanger the safety and lives of drivers, passengers, bystanders, and anyone else on the road. Some common distractions include:

Texting
Talking on a cell phone
Using a cell phone or smartphone
Eating while driving or tipping a bottle or can up for a drink
Putting on makeup
Having a conversation with passengers
Reading
Looking at things on the side of the road like an accident or a broken-down vehicle
Watching a video
Adjusting climate control, radio, or GPS settings
Rubbernecking

“I risk my life every day while driving on I-95,” said Brianna McCall, an Oakland Park resident who works in Coral Springs. “I prepare myself for 40 minutes of anxiety every morning. It’s like people forget to use their brains while operating a moving vehicle.”

Florida Distracted Driving Statistics

The latest distracted driving statistics in Florida that are available are from 2017. In that year:

There were 234 car crashes that resulted in a fatality as a result of distracted driving.
270,000 non-fatal accidents occurred that resulted in injuries ranging from minor to catastrophic.
Of those 270,000 accidents, 3,100 caused life-altering injuries for one or more people involved in the event.
Distracted driving is most common among teenagers and young adults. In fact, distracted drivers under the age of 30 caused 12,000 auto accidents in 2015 alone.

What do South Florida drivers do to prevent an accident from distracted driving?

The distracted driving laws in Florida have made it easy for law enforcement officials to pull over people that they see or suspect that are distracted while operating a vehicle.

There is a hand-held device law that went into effect in 2019 that allows law enforcement to pull over people they see or suspect them of using their phones while driving. Unlike before, where they could only ticket someone for this only if they had pulled them over for a different reason.

Tips for Avoiding Distracted Driving

Saying “no” to distracted driving does not just prevent you from getting a ticket, it can keep you from causing a serious accident and lifelong damage to other drivers, passengers, cyclists, and pedestrians.

Sometimes it seems like we can’t get away from our phones, but it is a necessary thing to do while driving. Here are some tips to help you put it down when you’re behind the wheel:

Be aware of safe phone zones. Sometimes, you might be expecting an important call or need to contact someone while on the road. If you find yourself in this situation, seek out a safe phone zone so that you will be less likely to be distracted by your upcoming call or text.

Assign a passenger to be your “phone buddy.” They can give directions, send texts, and manage hotel and restaurant reservations on a road trip.

Take advantage of “hands free” options. As we mentioned above, you can receive a citation for texting while driving, but general cell phone use is not included in the ban. In case of emergencies, learn how to use the “hands free” options on your cell phone. Smart phones give you the option of giving verbal commands for texting, calling, or finding directions to your destination. This is still a form of distracted driving, but at least it allows you to keep your eyes on the road while using your cell phone.

Leave your phone at home. It sounds like a wild idea because we’ve all gotten so used to having our phones at all times, but the truth is that you don’t need your phone for every shopping trip or errand. If you keep your phone at home, you won’t be able to use it while driving.

If you are cited for a distracted driving law in Florida, you could face hefty fines, be required to attend driving school, and you may see increases in your car insurance rates.

It is also important to remember that distracted driving can lead to accidents. If you are distracted and cause an accident, you can be held responsible for the event. Negligence is a very serious charge, and you could face financial and legal problems if found negligent.

If you are involved in an auto accident and believe that the other driver’s distracted driving caused the accident or your injuries, you should speak to an attorney immediately. If another driver is found to have been distracted at the time of the crash, you could be entitled to extra compensation. Contact a Florida personal injury lawyer today for a free consultation.

reasons you may need a lawyer after auto accident

5 Reasons You May Need a Lawyer after an Auto Accident in Florida

January 20, 2022

by South Florida Injury Law Firm Auto Accidents

As we inch closer to life as it was before this pandemic, demonstrated by the increased swarms of cars that we’re all seeing return to the streets of South Florida, so are the rise of car accidents.

Just this month, two people in Hollywood were killed after their car was split in half after it smashed into a tree and busted through a fence. In Wilton Manors, 2 children were killed and 4 injured in a hit and run crash and a fatal crash on I-95 at Glades Road, near the campus of Florida Atlantic University also shutdown the interstate for hours.

There’s not just one reason to point to that explains why there has been such a huge increase in fatal car accidents. Neither is there a one-size-fits-all solution to stop them. What we can do is use, teach, and encourage safe driving practices. One way to do this is to hold responsible parties accountable if you are in an accident – especially if you lose someone.

How do you know whether or not you should hire an attorney to help you deal with your auto injury?

When Car Crash Injury Victims Should Contact an Attorney

You Don’t Know Your Rights.

Lawyers can be extremely helpful if you want to learn more about your rights and what is ahead after a car accident. Laws are always changing, and this may be your first time entering the world of personal injury law as it relates to car accidents.

Insurance companies may incorrectly try to tell you that you don’t have the right to do something in order to lower their payout to you. Reviewing your rights and your options after a car accident is the number one way to get the best outcome.

If you are new to Florida, or you are not familiar with Florida’s policies and procedures, it is especially important to talk to a lawyer who, has experience in the Sunshine State. Each state has different laws and policies regarding insurance, fault, and negligence claims, and ours vary more than most.

You Need to Negotiate with Your Insurance Provider.

Damages from an auto accident can’t always be calculated with a few receipts: an auto accident can cause financial damages in the form of lost work, loss of transportation, and so on. Your insurance provider can therefore negotiate these damages.

Haggling for the compensation you deserve can be extremely stressful and confusing, especially if this is your first time filing a claim of this sort. From writing a demand letter to finalizing your settlement, a lawyer can represent you, negotiate for you, and help get you the best settlement.

If you get involved with another driver’s insurance company, or if your insurance provider gets a lawyer involved, get on the phone with your lawyer immediately.

Filing a “Bad Faith” Insurance Claim.

Even after you negotiate with your insurance provider, they may deny your claim, leaving you with car repairs and hospital bills to pay.

An insurance company may deny you because you failed to make certain deadlines or applied for payments that are not covered under your plan. However, if they unlawfully deny you, it may be necessary to file a “bad faith” insurance claim. A lawyer can lead you through the process of negotiating a bad faith claim and fighting for the compensation that you deserve after an accident.

Damages Aren’t Fully Covered By PIP.

After many smaller, less serious car accidents, insurance will cover most of the damages and everyone can move on. Unfortunately, if your damages exceed $10,000, PIP will not cover them. Other types of coverage can step in to ease the blow, but if there is no additional insurance or if your damages go beyond even that, you may have to take the other driver to court.

This only works if your injuries are truly serious and you believe you can prove that the other driver’s negligence caused the crash. If you are able to do this, a lawsuit can help to get you the compensation you need and deserve.

Be prepared for blame to be cast in your direction as well, though. To defend their actions, the defendant is likely to try to argue that you are at least partially at fault for what happened. Even if they succeed, though, it doesn’t mean that you won’t be compensated.

Florida’s comparative negligence laws mean that it is possible to assign a percentage of blame to each driver and base compensation accordingly. So if you sue the other driver for $20,000 and win, but you are found to be 25% at fault, you will only get $15,000.

The best way to get needed compensation is to find a lawyer who has experience dealing with these types of lawsuits. They will know how to collect the right evidence and make the most effective arguments to help you win your claim.

Reasons Your Holiday Accident Might Have Been Due to Negligence

December 31, 2021

by South Florida Injury Law Firm Auto Accidents

If you were involved in a car crash over the holiday season, chances are good that negligence probably played a big role.

Even with the pandemic, there were over 341,000 auto accidents in the state of Florida. Since a good share of those accidents occur over the Christmas and New Year holidays, we’re going to cover the most common reasons for negligent driving during the holidays and we’ll discuss whether you may have grounds for an auto accident lawsuit.

Distracted Driving

Drivers are distracted all year round, but at the holidays, everyone is so busy that distracted driving is a big problem. Some drivers are distracted due to shopping, and others are visually distracted by light displays. The top reason drivers are distracted is because they are using their mobile devices while driving.

Drivers may also be distracted by eating, conversations, personal grooming, makeup application, or even reading. Any of these activities are dangerous because they take the driver’s focus away from the road. If the other driver in your accident was distracted, negligence will be a factor in your case.

Fatigued Driving

The holidays can involve staying up late for parties or long hours of travel. A fatigued driver can be just as dangerous as a drunk driver in an accident. Fatigued drivers are not as alert and can cause many types of accidents. If fatigue affected the other driver in your accident, he or she may be held liable for damages.

Drunk or Drugged Driving

Drinking and drug use spikes over the holidays. Some people use substances to deal with stress. Others don’t drink often, but they do drink socially during the holidays. If those people get behind the wheel while intoxicated, they can cause serious accidents. Alcohol or drugs may have played a role in your accident too.

Navigation Problems

Drivers who are navigating new areas may drive too slowly, make sudden stops, or change lanes without proper signals. An elderly driver who is not usually on the road can also have navigation problems. These driver errors can contribute to accidents, and they may have been a reason for the accident you endured.

Reckless Driving

Drivers who are experiencing holiday stress or fatigue may engage in reckless or aggressive driving. This is a clear case of negligence, and if it caused your accident, be sure to tell your attorney about it.

Speeding

Many of us make this mistake on a regular basis. Unfortunately, it contributes to numerous holiday accidents. Speeding may have been a factor in your accident, and if the other driver was speeding, you can take them to court for damages.

Tailgating

With so many drivers on the road and in a hurry during the holidays, tailgating accidents are all too common. They can cause injury even at low speeds. If you were rear ended in a holiday accident, talk to an attorney about receiving compensation for your injuries.

What to Do Now

If you believe one or more of these descriptions fits your accident, it’s essential for you to take immediate action to protect your rights. Here are three actions to take right away.

See a doctor

A medical report is the strongest evidence you can use to recover damages from an insurance company or from a civil lawsuit. Even if you feel fine right after an accident, some injuries show up weeks or even months later. See a doctor as soon as you can to get the record filed.

File an insurance claim

Don’t wait to report the accident to your insurance company. Florida has no-fault insurance laws, which mean that negligence on the part of the other driver will not play a part in the compensation you get from your insurance company – up to the $10,000 covered by PIP.

However, you must get a medical examination within 14 days of the accident to be able to file a claim and get covered for medical care.

Seek legal counsel

If you are sure that the other driver is at fault for the accident, it’s crucial to contact an experienced personal injury lawyer to protect your rights. The sooner you work with a skilled attorney, the better your chances of recovering the financial compensation you need.

Call us for a free case review. We represent many clients every year who have been victims in car crashes due to another driver’s negligence. We know how to hold drivers accountable for damages, and we can help.

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South Florida Vacation Rental Accommodations During The Holidays

December 16, 2021

by South Florida Injury Law Firm AIRbnb Hotel Accidents Personal Injury Personal Injury Claims Personal Injury Law Suit Swimming Pool Accidents Vacation Injuries

This holiday season has already proven itself to be a busy one, especially in South Florida.

Nearly 110 million people are expected to travel throughout the United States between Dec. 23 and Jan. 2, according to AAA. That’s nearly 28 million more travelers than the 2020 holiday period.

Considering that Fort Lauderdale-Hollywood International and Miami International airports are ranked as a top destination for Christmas and New Year’s travel, it’s safe to say that a significant number of that total will descend upon our sunny beaches and roadways. Also, they will all need a place to stay.

It’s exciting to plan a vacation to somewhere new and being somewhere will it make it even more memorable.

A good number of those traveling here to South Florida may have their own place to stay or have accommodations with family or friends. Even more though are staying at a hotel, motel or a vacation rental like an Airbnb and Vrbo.

Many hotels are centrally located, with easy walking or transport access to nightlife, restaurants, and cultural attractions.
But if you really want to blend in with the neighborhood’s full-time residents, a vacation rental is a better choice for many.

Airbnb and Vrbo vacation rentals are very popular throughout South Florida and there is little wonder as to why.
With the ability from property owners to make their beachside home or their scenic skyscraper condo available to rent,it can provide a unique holiday stay experiences.

In most cases, their trips will be a delightful memory that can last a lifetime.
However, with recent cases of rape and sexual assault that can happen at these vacation rental establishments, it needs to be considered in order to take the right precautions and action.

Any business that caters to vacationers need to do more than simply just opening their doors. They have a responsibility to provide protection from any preventable hazards and generally, safe premises.

Often there are no issues with these rentals and both customers and owners share positive experiences. Staying at an Airbnb or Vrbo property should be a positive experience and equally, there should be no case where you end up in the hospital due to the negligence or unaddressed conditions of the property instead.

If you do or have experienced sexual assault during your stay at a short term rental, your response should be determined by the nature of the incident. If dangerous and ongoing, the most important thing that you can do is to remove yourself from the situation. If you need to seek assistance, do so immediately.

You have the right to file a claim if you’ve been the victim of a sexual assault or other type of misconduct (whether physical or sexual in nature) at an Airbnb or Vrbo property.

Separate from any criminal case proceeding, a sexual assault lawsuit can also help survivors recover damages for the harm caused. Emotional distress damages are compensation one recovers for impact that would include anxiety, humiliation, and psychological trauma.

Our attorneys at The South Florida Injury Law Firm are here to make sure that you are fairly treated in the aftermath of such an incident and to help you take the necessary legal action you need to get the compensation you deserve. Our experienced attorneys work diligently to fight for their clients rights who have either suffered serious injuries or assault on or around their vacation rental.

Wherever you choose go or stay. we wish you all a safe and enjoyable Holiday season

Why You Should Be Careful On the Road Thanksgiving Eve

Why You Should Be Extra Careful On the Road Thanksgiving Eve

November 24, 2021

by South Florida Injury Law Firm Auto Accidents DUI Accidents

You’ve probably heard about the dangers of driving on Thanksgiving. After the big meal, roads often fill up with people driving back home. Or, in recent years, to camp out at their store of choice to make sure they’re first in line for Black Friday deals.

These are people likely to be feeling a bit drowsy from all the food. Not to mention the fact that many of them have probably had one too many alcoholic beverages. The night after Thanksgiving can be a scary time to be on the road.

However, the night before may be even more dangerous.

“Blackout Wednesday”

You may not have heard yet, but the night before the big feast has gotten the notorious nickname of “Blackout Wednesday.” Why? Quite simply, because of all the people who end up getting blackout drunk.

If you’re out at the bars on Blackout Wednesday, you’ll probably see a lot of college kids back to see their hometown friends, or adults who would rather not think about what the conversation at the dinner table will be like with their extended family the next day. Unfortunately, all of these people have to head home eventually, and many end up driving themselves.

All that drunk driving means more traffic fatalities on the road. In fact, hundreds of people are killed by drunk drivers every year on Blackout Wednesday and Thanksgiving Day.

If You Are Hit By a Drunk Driver

If you go out Thanksgiving Eve, make sure you have a designated driver and take the right steps to avoid a DUI accident. Unfortunately, even if your designated driver sticks to their promises all night, obeys all traffic laws, and your crew is respectful as passengers, you still run the risk of getting into an accident with a drunk driver.

Use the following tips to give yourself and everyone with you the best chance at staying safe and getting the compensation you deserve if an accident does occur due to another driver’s negligence.

Be Extra Cautious Out on the Road

It’s not easy after a few drinks, but make sure everyone in your car is wearing their seat belt and isn’t doing anything to distract your driver. If the driver needs directions, make sure they hand their phone or navigation system to a passenger. Also make sure your driver isn’t speeding or running any red lights.

If your damages exceed what your insurance can cover, you may have to take your case to court. Taking all of the above precautions will reduce any arguments the drunk driver could have regarding your level of fault in the accident.

Call the Police

For the most part, you want to treat this accident like any other accident, documenting evidence and getting all information you need. In addition to this, though, make sure everyone sticks around until the police arrive.

You’re always supposed to call the cops, but in a typical fender bender this is a step that many people understandably skip. You can’t do that if drunk driving is involved, and you don’t want to. Making sure the other driver gets a chemical test is key to proving that they were intoxicated at the time of the accident.

See a Doctor Quickly

Enjoy your Thanksgiving dinner if you can, but be sure to get checked out by a doctor within the next two weeks so you can file a claim for the appropriate amount of medical bills. Your personal injury protection will only cover you if you seek medical treatment within 14 days of your accident.

For claims of under $10,000, you can receive compensation regardless of whether you or the other driver in the accident were consuming alcohol. If you sustain permanent injuries or your injuries exceed $10,000, however, the other driver’s BAC will definitely come into play. Their insurance company will be more willing to make a fair settlement offer if that means they can avoid a DUI lawsuit.

Meet with a Florida Auto Accident Lawyer. After an accident, a personal injury attorney can help you get the compensation you need for any damages and losses you may have suffered at the hands of a drunk driver.

How Floridians Can Stay Safe This Holiday Season

November 17, 2021

by South Florida Injury Law Firm Holiday Safety Personal Injury

We always have high expectations for holidays. After all, they are some of the most fun times of the year. But all the fun makes getting injured or sick during this time of year especially disappointing.

Don’t miss out on the holiday fun or have to remember your 2021 holiday as the time you burnt your house down. Keep these tips in mind to ensure a safe and happy holiday season.

Like Fried Turkey? Have Dinner Out.
It’s stressful enough to make a Thanksgiving turkey in the oven, but frying it can be downright dangerous. If you want to fry your turkey this year, it’s best to leave it to a restaurant or professional chefs.

Using turkey fryers is discouraged by the National Safety Council due to their high risk of fire, burns, and carbon monoxide poisoning. If you must use a turkey fryer, you are encouraged to use it outside, away from your home, and with a fire extinguisher handy.

Eat Leftovers Quickly.

One of the best parts about Thanksgiving is the amount of leftovers: turkey sandwiches for days! But make sure your food is properly handled so you do not get food poisoning or another foodborne illness.

Your turkey should be cut into small pieces – not only is this more convenient when you’re making a quick leftover lunch, it helps to chill the turkey faster in the refrigerator. Any gravy or liquid leftovers should be boiled when you reheat them. And, of course, all leftovers should be consumed within four days of your Thanksgiving dinner.

Check Your Fire Alarms.

Candles and roaring fires in your fireplace are great for setting the holiday mood, but they also put you at risk for a house fire. Check your fire alarm batteries to make sure that your family will be notified in case of a fire. Keep your tree away from open flames, and be careful of the items that you allow around and in the fireplace.

Stay Away From Hazardous Toys.

Last year, one of the hottest Christmas gifts was a hoverboard. But the gadgets were so hot, they started to catch on fire. Hoverboards were recalled and deemed unsafe quickly after the 2015 holiday season due to their lithium ion batteries, which had a tendency to explode while charging.

Before you buy the gifts on your loved ones’ holiday lists, check to see if any of the products are potentially hazardous. For younger children, be sure to check the product’s age recommendations. For example, toys with small or removable pieces may not be appropriate for younger children who could choke on them. Any product that has been recalled (you can check online) should also be avoided if the issue has not been resolved.

Get a Taxi or Rideshare.

Holiday weekends are a great time to get together and have big meals… with lots of drinks. Unfortunately, holiday weekends are also a big time for auto accidents and fatalities. Also remember that DUI causes up to one-third of all traffic deaths. If you are traveling during Thanksgiving or other holiday weekends, be sure to get a rideshare or choose a designated driver before you reach your destination.

Even if you take every precaution, accidents still happen. If you are injured during the holidays due to someone else’s negligence, make sure you get in contact with a Florida personal injury lawyer as soon as possible.

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VRBO Sexual and Physical Assault Cases

October 20, 2021

by South Florida Injury Law Firm AIRbnb Hotel Accidents Personal Injury Personal Injury Claims Personal Injury Law Suit Swimming Pool Accidents Vacation Injuries

VRBO and others revolutionized the vacation rental industry when they launched, providing a simple platform for homeowners to rent their partial or entire properties for short-term stays.

Instead of limiting your stay to hotels and motels, VRBO and other similar vacation rental companies have allowed property owners to make their vacant properties available for any party registered with them as a guest or host. The platform provides a list of available accommodations ranging from apartments and houses up through castles; some listed by private individuals who rent them directly; others offered by professional real estate firms, hotel chains, resorts & spas offering timeshares.

VRBO Background

VRBO was founded in 1995 as Vacation Rentals by Owner, but was later acquired by Expedia/Home Away and has grown into the largest source for short-term vacation rentals. Although the vacation rental service provides many benefits that have consistently been used and enjoyed by hundreds of parties throughout time, there are also negative aspects. Similar to the Airbnb platform, VRBO has experienced tremendous growth in volume that has surpassed its ability to ensure the safety for its hosts and guests.

Although most accommodations are comfortable, safe and successful, what happens if you unluckily become a victim of a violent or sexual assault or injury?
VRBO and AirBnb have admitted they receive more than 250,000 safety issue reports each year from both hosts and guests, but have chosen exponential growth over taking the proper steps to protect their customers.

Concerningly, many of these reports are from those who were guests that have reported sexual assaults by VRBO hosts.
With a variety of allegations that include claims of kidnapping, rape and other acts of sexual violence. Some accusations have even included child sex abuse. However, guests are not the only victims stated in these assaults. Hosts and their families have also been assaulted by the guests they have rented their properties to.

Because of this, many strongly believe VRBO and others have not done enough to ensure the safety of both guests and hosts on its platforms. In their proven effort to provide quick service, many believe VRBO has failed to properly protect its guests and hosts from predators by not ensuring adequate security, check-in safeguards and background checks. Although VRBO screens rental owners and renters, many claim the background checks don’t do enough to protect either party.

In response, the company has deployed a crisis response team of nearly 100 agents to quickly hush up these crimes and pay settlements to those affected before they go public.
However, victims should never agree to a release without learning their full legal rights to compensation. Until 2017, every potential guest who negotiated a settlement with them over events and incidents involving attacks, assault, rape, and murder was required to sign a non-disclosure agreement. Media reports indicate the vacation rental company’s high-profile operatives are trained to negotiate the potential publicity nightmare of some of the gruesome events involving the Company’s worst crises. Because of the wording in the non-disclosure agreement meant that they could not reveal their harrowing stories involving VRBO that would likely go unreported.

While they’ve assembled teams of crisis responders to handle complaints, these people do not work for victims or have their best interests in mind.

VRBO Sex Assault Legal Assistance

Survivors of these assaults can take legal action to get the justice they deserve. Lawyers are now investigating VRBO lawsuits for those who’ve suffered sexual assault, physical assault or homicide while using their services. Given the complexity of these lawsuits, and the numerous parties involved, the assistance of a personal injury attorney with knowledge of the VRBO platform is imperative. If you’ve been a victim, you should speak directly with a lawyer today.

At South Florida Injury Law Firm, our attorneys represent sexually abused victims. Tell us what happened in a confidential setting. Then, let us hold those responsible for causing your harm financially accountable for their negligence.

Our South Florida attorneys have developed a reputation for being compassionate advocates. We understand the challenges you are facing and cater our representation to your unique situation and needs. Our legal team accepts all personal injury cases and wrongful death lawsuits through contingency fee agreements to ensure no payments are made until we resolve the case through a negotiated settlement or jury trial verdict.

Halloween Dangers and How Florida Parents Can Help Keep Kids Safe

October 7, 2021

by South Florida Injury Law Firm Children Injuries & Accidents Halloween Holiday Safety

It’s hard to believe that Halloween is already upon us. Children of all ages look forward to Halloween all year, and sometimes parents may even join in on the fun. However, Halloween fun also comes with particular hazards that parents need to watch out for to ensure that their kids stay safe.

A lot of people jump immediately to tampered candy when they think of Halloween danger. Your parents no doubt inspected your trick-or-treating loot before you were allowed to dig in, and you likely do the same for your kids. However, studies have shown that candy tampering is very rare, and in fact a 30-year study failed to identify a single loss of life from tampered candy.

The real hazards on Halloween stem from specific activities, costumes, and decorations. Read on to learn how to avoid these common Halloween dangers and keep your kids safe.

Trips and falls

Slips, trips, and falls are very common on Halloween, and can result in serious injury. What causes them?

Long, trailing costumes can make children fall during trick-or-treating or other Halloween events. It is also very common to wear ill-fitting shoes or high heels with a costume, which can increase the risk of trips and falls as well. To avoid costume-related trips and falls, make sure that your child’s clothes do not drag on the ground, and that he or she wears proper footwear.

If you’ll be trick-or-treating after dark, a flashlight can also reduce the risk of tripping over objects in the dark.

To prevent trick-or-treaters or partygoers from tripping and falling on your property, make sure that your walkway is well-lit, and clear away any debris. Also make sure that any decorations are kept clear of your walkway.

Fires and burns

When we think of Halloween, the smell of candles burning inside jack-o-lanterns may come to mind. However, these and other candle decorations present a fire hazard. Kids can also be burned by candles, particularly if wearing a long, flowing costume that catches fire.

To prevent these accidents entirely, use battery-operated candles or glow-sticks instead. If you do use a candle, exercise caution by lighting the candle once it’s inside your jack-o-lantern and keeping it well away from trick-or-treaters and small children.

To keep your kids from sustaining burns from others’ decorations, avoid long, flowing costumes, and make sure that costumes are flame-retardant. Also make sure that kids know how to stop, drop, and roll in the event that their clothes do catch fire.

Pedestrian hazards

Auto accidents are the leading cause of death for kids in the US, and kids are twice as likely to be hit and killed by a car on Halloween than they are on any other day of the year. Unsurprisingly, most of these accidents occur during trick-or-treating.

To keep your kids safe, add reflective tape to costumes and treat baskets and give them flashlights so that they’re more visible to passing cars, and teach them appropriate pedestrian safety practices. It may also be advisable to trick-or-treat in neighborhoods with sidewalks. Because drunk driving is unfortunately very common on Halloween, it’s also wise to head home early in the evening.

Choking hazards

Small, detachable parts on costumes may present choking hazards to very young children, as can many kinds of candy. For toddlers and very young children, be sure to avoid hard candies. Chewy candies such as taffy, gummy candy and caramel can also present choking hazards, so small children should also be closely supervised when eating these candies.

It’s also a good idea to wait until you’ve returned home and checked through all of your kids’ trick-or-treating loot before allowing them to dig in. This can help you identify candies that could be a choking hazard. Moreover, kids are more likely to choke on candy while they’re on the move and distracted by trick-or-treating.

Food allergies

If your child suffers from food allergies, Halloween can be a difficult time, as many well-meaning adults will hand out allergen-containing foods to kids during trick-or-treating or other Halloween events.

If your child has a food allergy, be sure to inspect all trick-or-treating candy before your child indulges. If your child has severe food allergies, you may need to replace trick-or-treating candy with purchased candy, as even eating food that has been in contact with allergens can cause a reaction in severely allergic children.

If your child is allergic and will be attending any Halloween parties or events, make sure that the organizers are aware of his or her allergy, and can provide alternatives to any allergen-containing foods that may be handed out.

Holidays such as Halloween are fun for the whole family, but unfortunately can cause an uptick of child injuries. Following these safety tips can help protect your kids, and make sure that the fun isn’t spoiled.

south florida teen driving accident prevention

Is Your Teen Ready to Drive? What Florida Parents Should Look For

September 28, 2021

by South Florida Injury Law Firm Auto Accidents Teen Driving

As your teen approaches their 15th birthday, they have an exciting opportunity – the ability to get their learner’s permit. The Florida learner’s permit allows residents to start the journey toward driving – and freedom! However, in the immortal words of Uncle Ben from Spiderman (say it with us), “With great power comes great responsibility.”

You have probably already started to worry about your teenager getting behind the wheel. After all, motor vehicle crashes are the number one killer of teens in America. Distracting phones, friends, and reckless drivers on the road can take a person’s life in an instant. Additionally, while poor drivers can be found in every single age bracket, younger drivers tend to be especially risky.

Is your teenager really ready to take on the responsibility of driving safely?

It’s a question that every parent has to answer for themselves, but there are signs you can look for to help you decide. If your teenager displays the following, they are likely ready to get their permit. If not, you might want to wait a year (or two) before letting them get behind the wheel.

Here are some signs your teenager is ready to drive:

Self-Control (Especially with Their Phone)

The National Safety Council reports that over 3,000 people are killed in the United States due to a distracted driver every year. One of the biggest distractions is cell phones – responding to a text can instantly become a life-or-death situation when behind the wheel. Can your teenager put away their phone while they drive?

If your teenager is too addicted to their phone, they may not be able to resist turning it off while they drive. Not only is texting while driving dangerous, it could also get them in trouble with the law. If you constantly have to take your teen’s phone away or have a hard time communicating with them due to their phone usage, it may be best not to hand over the keys.

Safe Riding

The rules of being a safe driver often apply to passengers as well. The next time you drive your teenager somewhere, take a look at how they behave and stay safe.

Did they buckle up? Do they take on the role of navigator so that you can drive without distractions? On the other hand, did they tell you to speed up at any point? Did they distract you? Did they turn the music all the way up and focus more on the lyrics than road signs?

If a teenager takes their position in the car seriously, they may be ready to get behind the wheel.

Adherence to House Rules

There are a lot of rules on the road: speed limits, giving pedestrians and certain cars the right of way, curfews for young drivers, and so on. If your teen does not follow these rules, they could get pulled over and ticketed. (Or worse, they could cause an accident and hurt themselves or others.)

Teenagers who are ready to drive are those who can be trusted with these rules – but how do you know this until they get behind the wheel? One sign is their attitude toward rules in general. Does your teenager tend to obey rules given to them by authority figures, or do you catch them breaking rules often? If they don’t obey the rules at home, they most likely won’t obey the rules of the road.

Knowledge of “Safe” Driving

Have a conversation with your teenager about what it means to be a “safe” driver. Not just a “good” driver, but a safe one.

Leave the conversation open to see what your teenager thinks. If they mention the ability to follow the rules and stay alert, they are probably ready to start practicing.

Trust your instincts. If you talk to your teenager and feel that they need to mature before they get behind the wheel, hold back and give them a few months before they get their permit. (Or enroll them in a driver’s education course.)

Remember – unsafe driving could cost your teenager their life. Listen to your gut and only allow them to start driving when you feel confident in their ability to stay safe.

Want more information about teaching your teenager to drive? Read our comprehensive guide to teen driving on our website.

Airbnb Will Allow Sexual-Assault Claims

September 9, 2021

by South Florida Injury Law Firm AIRbnb

Airbnb recently announced that it will allow hosts and guests to sue the company over claims of sexual assault and harassment in its listings. This will remove a mandatory arbitration clause that had previously been buried in their 40-page terms of service for more than a decade that users have been forced to agree to.

Since 2011, the terms of service included a clause that stated that any dispute arising out of a stay booked on the Airbnb platform would be settled through binding arbitration. About 150 million or so of their users had been required to agree to those terms when they registered, signing away the right to sue.
The new terms are expected to take effect this fall but the statement didn’t specify an exact date.

“We believe that survivors should be able to bring claims in whatever forum is best for them. We encourage our industry peers within the travel and hospitality space to consider taking similar steps for their respective communities,” the short-term rental company said in a blog post.

Airbnb concluded the statement by ensuring hosts and guests that it is ‘building trust’ by ‘doing the right thing in the rare instances where things go wrong’.

This shift by revising their policies follow up on the heels of a Bloomberg News report that was published in June which detailed how the millions of dollars on settlement payouts the company had made, as well as using the binding arbitration clause in its terms of service to block users from filing claims for damages in court.

It’s not uncommon for individuals staying at an Airbnb location to be hurt while there or assaults the guests.

Some have been targeted by a host and overpowered, harmed, sexually assaulted, or raped. In one incident from the Bloomberg report, a rape victim received a $7million payout in exchange for agreeing not to ‘imply responsibility or liability’ on Airbnb or the host after a ‘career criminal’ used a duplicate key to enter a New York City rental to rape and attack her at knifepoint.

If you’ve been a victim or experienced the same, you should make sure to contact an attorney to assist you in taking legal action. In the same report, it was revealed that Airbnb has a secretive ‘black box’ team made up of around 100 agents to deal with the worst crises that take place at the properties to keep news quiet.

Separate from any criminal case proceeding, a sexual assault lawsuit can also help survivors recover damages for the harm caused. Emotional distress damages are compensation one recovers for impact that would include anxiety, humiliation, and psychological trauma.

Our attorneys at The South Florida Injury Law Firm are here to make sure that you are fairly treated in the aftermath of an Airbnb physical or sexual injury and to help you take the necessary legal action you need to get the compensation you deserve.