South Florida Injury Lawyer Blog

Police say that the taxi driver that drove into a group of bicyclists in Miami Beach on Sunday fell asleep while driving. The traffic accident, which happened around 8am in the morning on the MacArthur Causeway, knocked many cyclists onto the ground.

Six of the bicycle accident victims were transported to the hospital. Five riders sustained serious road burns that were treated at the crash scene.

The taxi driver was Checker Cab company driver Herbert Morais, who admitted to falling asleep while on the road. He did not have any passengers riding in his cab when he hit the riders from behind.

Traffic records show that Morais has received several tickets for traffic violations in Miami-Dade County over the last five years. Just last month, he was ticketed for failing to halt at a stop sign. He also has received tickets for speeding and not obeying HOV lane requirements.

Common crash scenarios that can lead to accidents between bicyclists and motorists:

• A driver merges into a bicyclist’s lane.
• The bicyclist rides into a motorcyclist’s path.
• The driver tries to ride past the bicyclist.
• The driver or bicyclist does not yield the right of way.

Sleepy Drivers
The National Highway Traffic Safety Administration says over 1/3rd of drivers have fallen asleep or nodded off while driving at least once in their lives. The National Sleep Foundation says 32% of adults say they’ve driven while sleepy at least once a month.

Most fatigue and sleep-related auto crashes occur between 12am and 6am, but 1pm to 4pm is also a time when there are drowsy drivers on the road.

Driver Fell Asleep At Wheel Before Hitting Cyclists, Police Say, Local10.com, August 25, 2008

Cab barrels into bicyclists in Miami Beach crash, PalmBeachPost.com, August 24, 2008

Related Web Resources:

Florida Traffic and Bicycle Safety Education Program

Bicycles, NHTSA

Continue reading "Florida Cab Driver that Struck Bicyclists in Miami Beach Fell Asleep at the Wheel" »

Posted by David J. Halberg, Esq. | Permalink | Email This Post

Posted In: Bicycle Accidents

Bookmark:

In Florida, 24-year-old Miramar resident Errol Michael Etosha Dodd died on Sunday when he lost control of his motorcycle on I-95 and fell down 60 feet onto the riverbank. The deadly Florida motorcycle accident happened around 3:30 in the morning as Dodd was making his way from I-95s to the New River bridge. He was riding toward the bridge overpass when he struck an SUV that he was trying to pass. Dodd’s motorcycle then hit the concrete barrier before plunging off the road.

This is not the first time that someone has died on or close to one of the many ramps on I-95. In April, a 30-year-old man jumped over the low-lying barrier to relieve himself and fell. In February, three men died when their car fell onto the riverbank after vaulting the exit ramp.

The Florida Department of Transportation Is taking a new look at the ramp design. They are also taking steps to improve the signs and lighting. A 4-foot chain link fence will be installed onto the I-95's barrier walls close to the New River overpass.

Motorcycle Accident Statistics
According to the National Highway Traffic Safety Administration, there were 5,154 motorcycle deaths in 2007, which is the highest number of motorcycle accidents to occur within a year since the NHTSA began collecting crash statistics 28 years ago. This means that of the 41,059 motor vehicle deaths that occurred in 2007, motorcycle fatalities made up 13% of the overall total. The NHTSA also reported a significant increase in motorcycle injuries from 88,000 in 2006 to 103,000 in 2007.

While some motorcycle crashes happen because of a motorcyclist’s negligence, there are many catastrophic accidents that occur because another motorist was negligent, there was an unsafe condition on the road, or the motorcycle was defective.

While Florida’s PIP (personal injury protection) provides drivers some coverage when they are injured in motor vehicle accidents regardless of who was at fault, this coverage does not extend to motorcyclists.

Motorcyclist's 60-foot plunge renews calls for safety at I-95 ramp, Sun-Sentinel.com, August 25, 2008

Related Web Resources

Florida Department Transportation

Bodily Injury Locations in Fatally Injured Motorcycle Riders (PDF)

Continue reading "Florida Motorcyclist’s Fatal Fall Off I-95 Renews Calls for Better Safety Measures" »

Posted by David J. Halberg, Esq. | Permalink | Email This Post

Posted In: Motor Vehicle Accidents , Motorcycle Accidents

Bookmark:

In Florida, the family of Sarasota resident James Brashear is suing Zep Construction for his wrongful death. Brashear is one of two victims that died in a deadly 11-vehicle collision on Interstate-85 last October.

The families of the two men settled their wrongful death claims with the insurer of the semitrailer driver that drove into stopped traffic. Brashear’s family, however, says the Fort Myer’s construction company is liable for his death because its workers did not warn drivers that there was a closed lane on the freeway.

The construction roadblock had stopped traffic and there were no visible signs indicating the delay, which made it a challenge to react to the roadblock and the stopped traffic after driving through the overpass at speeds of 70 mph or greater. A construction supervisor would later tell the media that warning signs intended for the drivers had been moved on the day of the accident.

The deadly motor vehicle crash occurred after the semitrailer ran into Brashear’s car, which was in the stopped traffic. Brashear died from his injuries. His 12-year-old son Tyler sustained a ruptured spleen and other internal injuries from the crash and continues to experience emotional trauma.

Also killed in the truck collision was Miami resident Manuel Ramirez, whose Honda was also struck by the semitrailer. The large truck crashed into a pickup, two cars, and five other vehicles. At least three other people were injured in the crash and have also filed lawsuits against Southeast Logistics, the company that employed Ramirez.

Pablo Merlos, the semitrailer truck driver, never faced criminal charges for the crash because there was no reason that he should have expected there to be a roadblock on the other side of the overpass. He was, however, been charged with careless driving.

Brashear’s family also plans to sue the state of Florida, since the construction company was working on a project for the state when the truck accident happened.

If you were injured or someone you love died in a traffic collision, an experienced South Florida motor vehicle crash law firm can help you explore all avenues of recovery. There may be more than one party that can be held liable for your injuries.

Fatal I-75 crash leads to lawsuit, Heraldtribune.com, August 21, 2008

Roadblock Blamed In Fatal I-75 Pileup, 2TBO.com, October 2, 2007

Related Web Resources:

Federal Motor Carrier Safety Administration

Zep Construction, Manta.com

Posted by David J. Halberg, Esq. | Permalink | Email This Post

Posted In: Construction Accidents

Bookmark:

In Clearwater, John Niesen and his mother Mary Riley are suing the Florida city and five ex-police offers for his brother’s death. Riley says that city cops bludgeoned his brother Michael, then age 18, to death over 30 years ago.

Niesen and Riley are accusing the city of Clearwater of conspiracy, including failure to conduct a complete investigation, and destroying evidence. Their Florida wrongful death lawsuit seeks damages that include loss of companionship, loss of support and services, and past and future mental pain and suffering.

According to Niesen, Michael died in July 1977 after he was attacked by police officers that were upset when a fellow cop died after being thrown from the truck that the teenager was driving.

The incident allegedly occurred on July 13, 1977, when Officer Ronald Mahoney stopped Michael’s pickup in Clearwater Beach. Mahoney cited Michael for reckless driving and found out that the truck had been stolen. As the officer came toward the car, Michael reportedly sped up his car. Mahoney, who jumped into the truck’s flatbed died after being thrown from the vehicle when it flipped—Michael had reportedly fishtailed the car a number of times.

The Niesen’s say that Michael was alive after the car collision but that officers Michael Egger, Edward Garner, Mark Cairns, James Gravely and Charles Butler beat him with their nightsticks. Michael died soon after.

John had first filed his lawsuit last year, but withdrew the case wanting more time. His attorneys say the statute of limitations for this case has not begun running because the defendants continue denying the family the chance to sue for wrongful death.

The Clearwater police department maintains that its police officers did not engage in any criminal conduct resulting in Michael’s death and that the 18-year-old died in the crash. John, who has spent at least $1 million investigating his brother’s death, believes otherwise.

If you believe that someone you loved died in Florida because of another party's reckless or negligent actions, you should speak with a Florida personal injury lawyer as soon as possible. You may be entitled to financial compensation from the negligent party.

Man sues Clearwater again over death of his brother, TampaBay.com, August 15, 2008

Claims shaky in tragic case, TampaBay.com, January 14, 2007

Related Web Resources:

Clearwater, Florida, MyClearwater.com

Police Brutality in the US, HRW.org

Posted by David J. Halberg, Esq. | Permalink | Email This Post

Posted In: Wrongful Death

Bookmark:

In Fort Pierce, Florida, one man died and three others sustained injuries on Sunday in a two-vehicle auto collision on Avenue K and North 16 Court. The accident happened about 3 am when the 1988 Mercury Grand driven by 22-year-old Jarrell Housing collided with a 2008 Toyota Tacoma. Local authorities say the driver of the Toyota ignored a stop sign.

Raythez Flowers, who was a passenger in The Mercury, died in the car accident. Housing and another passenger, Sarmeca Johnson, were taken to local hospitals in serious condition. 23-year-old Jermaine Kearse, a passenger in the Toyota, sustained minor injuries.

Failure stop at a red light or traffic stop sign is considered a negligent action if a pedestrian, a bicyclist or another motorist is injured at a result. Many times, other motorists and pedestrians that think they have the right of way are caught unaware when they are struck by a vehicle that was supposed to have stopped before crossing an intersection. Injuries to these accident victims can be catastrophic and costly.

According the Federal Highway Administration, intersection collisions are among the most common kinds of traffic accidents in the United States accounting for 6,700 deaths and 2 million accidents each year . Injuries can range from minors cut, scrapes, and bruises to broken bones, traumatic brain injuries, spinal cord injuries, and wrongful death.

Our South Florida car crash lawyers can help you determine whether you have grounds to file a personal injury claim or lawsuit. We can also determine whether there is more than one negligent party that can be held liable for your injuries.

According to the National Highway Traffic Safety Administration, there were 3,214 motor vehicle deaths in Florida in 2007, a slight decrease in number compared to the 3,357 Florida traffic accident fatalities that occurred in 2006. Any motor vehicle accident that causes injury or death is one crash too many.

Crash in Fort Pierce kills one, sends four to area hospitals, TCPalm.com, August 17, 2008

One killed, three injured in crash, PalmBeachPost.com, August 16, 2008

Related Web Resources:

Florida Department of Highway Safety and Motor Vehicles

National Highway Traffic Safety Administration

Federal Highway Administration

Continue reading "Deadly Florida Car Accident in Fort Pierce Leaves One Victim Dead and Three Others Injured" »

Posted by David J. Halberg, Esq. | Permalink | Email This Post

Posted In: Car Accidents , Motor Vehicle Accidents , Wrongful Death

Bookmark:

In Broward County last month, two Florida workers were hospitalized after they sustained electrical shock injuries in two separate work accidents on July 16. One man in Pompano Beach fell from a tree after coming into contact with electrical wires while trimming branches.

In another accident, a construction worker in Lauderdale-by-the-Sea was admitted to the hospital in critical condition after also being shocked by an electrical wire. Both men were admitted to North Broward Medical Center.

The construction worker, who was remodeling a home, came into contact with an electrical line while trying to relocate an air duct in the attic of the house. He became trapped in a tight crawl space and workers had to cut through the ceiling to retrieve him.

If you or someone you love was injured in an electrical shock accident, you may be able to obtain personal injury compensation for your injuries, pain and suffering, medical and recovery costs, and other damages. While a construction worker or another employee injured on the job cannot file a personal injury claim against his or her employer, there may be third parties that can be held liable for the injury accident.

For example, property owners must make sure that exposed electrical wiring and other hazards on the premise are either secured, removed, or repaired so no one gets hurt or dies. Failure to provide a hazard-free environment can lead to a premises liability lawsuit if the owner knew or should have known about an unsafe condition but did nothing to remedy the situation.

Electrical Shock
Direct exposure to an electrical current can result in an electrical injury to the internal organs or the skin. Electrical shock can lead to thermal burns, damage to the tissue, nerve, or muscles, cardiac arrest, or death.

Two men shocked by electrical wires in separate incidents, Sun-Sentinel.com, August 14, 2008

Electrical Injury, NIH.gov

Related Web Resources:

Electrical Shock Injuries, HealthAtoZ.com

Premises Liability Overview, Justia.com

In South Florida, our personal injury law firm represents clients that have been seriously injured in accidents caused by another party’s negligence.

Continue reading "Two Florida Workers Suffer Electrical Shock Injuries in Two Separate Work Accidents" »

Posted by David J. Halberg, Esq. | Permalink | Email This Post

Posted In: Construction Accidents

Bookmark:

This week, Florida’s Agency for Health Care Administration began posting reports online to allow Floridians to evaluate the services and conditions available at some 32,000 hospitals, clinics, nursing homes, surgery centers, dialysis units, and other health care centers. The reports will contain information about complaints, and findings related to medical errors, procedural errors, unsanitary conditions, and other violations. All reports written after June 1, 2008 will be published online.

The reports should be helpful in a state that is considered the nation’s capital for many doctors that lack medical malpractice insurance. While Florida requires podiatrists, chiropractors, midwives, optometrists, nurses, and acupuncturists to carry insurance, doctors can forego insurance if they promise to pay up to $250,000 per medical malpractice award (with a $750,000 per year maximum).

In 2003, Florida lawmakers limited pain and suffering awards to half a million dollars for personal injury lawsuits or $1 million dollars for wrongful death cases. They did not place a limit on payments for medical costs.

In Florida, the best way to increase your chances of obtaining medical malpractice compensation is to retain the services of an experienced medical malpractice law firm.

Our South Florida injury lawyers are experienced in dealing with all kinds of injury and wrongful death cases involving medical malpractice. We know how to successfully pursue a claim against a doctor, a hospital, a nursing home, a surgeon, or another health care provider.

We know how devastating it can be to seek medical attention and end up injured as a result. Health care providers are required to provide a certain level of care. Failure to provide that care can be grounds for a Florida medical malpractice lawsuit if someone gets hurt or dies.

Inspection reports of health facilities now available online, Sun-Sentinel.com, August 13, 2008

Uninsured doctors on the rise in South Florida, Sun-Sentinel.com, July 27, 2008

Related Web Resources:

Agency for Health Care Administration Public Record Search, MyFlorida.com

FloridaHealthFinder.gov

Continue reading "Florida Residents Can Now Go Online To Find Out About Violations Made By Hospitals, Nursing Homes, Surgery Centers, and Clinics" »

Posted by David J. Halberg, Esq. | Permalink | Email This Post

Posted In: Medical Malpractice

Bookmark:

The Florida Highway Patrol says that Kevin Bunsie, the 32-year-old man who was injured in a car crash on the afternoon of July 12 at the junction of Forest Hill Boulevard and Congress Avenue, has died of his injuries. Bunsie passed away on July 31.

He sustained serious injuries after a van driven by Lake Worth resident Pedro Perez struck another car close to Summit Boulevard before hitting Bunsie’s car at Forest Hill. Perez also sustained serious injuries, while a passenger riding with Bunsie was treated for minor injuries.

If you or someone you love is seriously injured in a motor vehicle crash, you should contact our South Florida car crash lawyers and ask for your free case evaluation. Many motor vehicle collisions happen because at least one motorist was negligent on the road. While a person cannot control other drivers and their actions, there are preemptive steps a motorist can take to avoid collisions.

Suggestions offered by Property Casualty of America include:

• Do not talk on the cell phone while driving.
• Do not drive after drinking alcohol.
• Keep a safe driving distance between you and other vehicles.
• Make sure that your vehicle is up-to-date on all required maintenance checks.
• Check your side and rear view mirrors frequently.
• Drive defensively.
• Ignore the actions of rude or obnoxious drivers.
• Drive defensively.
• Obey all traffic laws.
• Cross intersections carefully.
• Adjust your driving to the changing road conditions.

While Florida’s mandatory PIP (Personal Injury Protection) coverage offers some insurance protection, it may not cover all your injury costs. Our West Palm Beach car crash lawyers can work to help you obtain the maximum recovery possible.

Palm Beach County: West Palm Beach man dies from injuries in July crash, Sun-Sentinel.com, August 11, 2008

Easy Ways To Avoid Auto Accidents, Insurance.com

Related Web Resources:

Car Insurance Primer, DMV.org

Florida Highway Safety and Motor Vehicles

Continue reading "West Palm Beach Man Dies from Motor Vehicle Crash Injuries in Florida" »

Posted by David J. Halberg, Esq. | Permalink | Email This Post

Posted In: Car Accidents , Motor Vehicle Accidents

Bookmark:

The Florida Highway Patrol has charged a Kenworth tractor-trailer driver of violation of the right of way in the wake of a Florida truck crash that left a 10-year-old Lake Wales boy seriously injured. Charles Geim was taken to Arnold Palmer Children’s Hospital in Orlando following the motor vehicle accident.

The FHP says that trucker Sonia Mcgaha turned her Kenworth tractor-trailer left from US 27 into the path of a Chevrolet that was coming from the opposite direction. Her rig struck the car’s left side. Lorine Jones, the driver of the car that Geim was riding in, sustained minor injuries.

Mcgaha wasn’t hurt in the crash, but Jermie Mcgaha, 9, sustained minor injuries.

Tractor-Trailer Accidents

Common causes of tractor-trailer crashes

• Tailgating
• Exhausted drivers
• Failing to obey road signs
• Speeding
• Aggressive drivers
• Talking or text messaging on the cell phone
• Drunk driving
• Forgetting to check blind spots

An 80,000-pound truck can be a huge danger to car passengers, motorcyclists, pedestrians, and bicyclists if they are involved in a truck accident with one of these large vehicles.

Boy, 10, critically injured in accident, Newschief.com, July 30, 2008

Related Web Resources:

Florida Highway Patrol

Truck Accident Laws, Justia

In South Florida, our truck crash lawyers are familiar with the federal and state regulations that govern truck drivers and we know how to deal with truckers and trucking companies to help you obtain the maximum recovery for all your personal injuries.

Continue reading "10-Year-Old Boy Sustains Serious Injuries In Florida Tractor-Trailer Accident" »

Posted by David J. Halberg, Esq. | Permalink | Email This Post

Posted In: Injuries to Minors , Motor Vehicle Accidents , Truck Accidents

Bookmark:

Florida Lt. Governor Jeff Kottkamp has arrived at a settlement agreement over his personal injury lawsuits filed against Lee Memorial Hospital and three companies. While Lee Memorial Hospital revealed that its portion of the settlement was $200,000, the settlement terms between Kottkamp and three of the companies remain confidential.

Kottkamp sustained physical injuries and a fungal infection after undergoing heart surgery at the Southwest Florida hospital. His lawsuit alleges that the improper maintenance of the hospital roof caused mold to enter the operating room, resulting in his infection.

Kottkamp had to be placed in an induced coma for several weeks so multiple surgeries could be performed to scrape mold from his chest. He then underwent several reconstructive surgeries to repair his chest cavity and replace a deteriorated sternum.

One personal injury lawsuit accuses Bovis Lend Lease Inc., Sheet Metal of Florida, and Crowther Roofing, as well as John J. Kirlin Inc. of negligence. All of the companies were involved in doing renovations at the hospital prior to his surgery. The other personal injury lawsuit is a medical malpractice case against the hospital, Dr. Stephen Zellner, and Internal Medicine Associates of Lee County. Kottcamp’s personal injury attorney says that Zellner delayed treatment of Kottcamp’s fungal infection.

Examples of Medical Malpractice

• Delayed Diagnosis
• Wrong Diagnosis
• Surgical Errors
• Prescribing the wrong medication, too much medication, or not enough medication
• Delay in surgery or other procedures

In certain personal injury cases, more than one party can be held negligent for the harm suffered by the victims and/or their families. A good South Florida personal injury law firm can help you pursue all avenues of recovery.

Lt. Gov. Kottkamp reaches settlement with Lee Memorial Hospital, News-Press.com, July 18, 2008

Jeff Kottkamp's professional conversion, Tampabay.com, November 2, 2006

Related Web Resources:

Lieutenant Governor Jeff Kottkamp, Flgov.com

Lee Memorial Hospital

Posted by David J. Halberg, Esq. | Permalink | Email This Post

Posted In: Medical Malpractice

Bookmark:

In Pembrooke Pines, police have identified the motorcyclist that died after he was struck by a car in a Florida traffic accident. Miami resident Ricardo F. DeCastro died on Wednesday when the motorcycle he was riding was rear ended by a Honda Civic driven by Miami Gardens resident Larry Beltran.

Police report that Beltran was following too closely behind DeCastro, which led him to crash into the motorcycle. DeCastro was thrown from the motorcycle and then struck by Beltran, before he was able to stop his car. An investigation is ongoing and no criminal charges have been filed.

If you or someone you love was seriously injured in a motorcycle crash that you believe was caused by another party’s negligence, a good Florida motorcycle crash attorney can help you file a claim or lawsuit against the liable party or parties.

2006 Motorcycle Accidents Facts

• About 104,000 motorcycles were involved in traffic crashes.

• The National Highway Traffic Safety Administration reported 4,810 motorcycle deaths.

• These deaths comprised 11% of all traffic deaths that year.

• 88,000 motorcyclists were injured.

Our Florida motorcycle crash law firm has law offices in Miami, Port St. Lucie, and West Palm Beach. Our personal injury and wrongful death lawyers work with experienced accident reconstructionists and medical experts to prove our clients’ cases so that they can receive the maximum recovery for their injuries and losses.

Motorcyclist killed in Pembroke Pines identified as Miami man, Sun-Sentinel.com, July 24, 2008

Florida State Motorcycle Laws, American Motorcyclist

The Hurt Report

Continue reading "Florida Police Identify Motorcyclist Killed in Rear-End Collision " »

Posted by David J. Halberg, Esq. | Permalink | Email This Post

Posted In: Motorcycle Accidents

Bookmark:

According to British researchers, the use of Topiramate, an anti-epilepsy drug, increases the chances of pregnant women giving birth to babies with birth defects by up to 14-fold—especially when the drug is taken along with the drug Valproate. The study involved 203 women that became pregnant while taking Topiramate (Topamax is the brand name sold by Johnson & Johnson) alone or with other epilepsy medication.

Findings from the study included:

• 18 spontaneous abortions
• 5 induced abortions
• 2 stillbirths
• 178 births
• 16 infants were born with major birth defects
• 4 infants were born with cleft lips or palates
• 4 babies had genital birth defects

However, because the study involved only 203 women, experts have said that there is still statistical uncertainty related to this new data.

Topiramate has caused similar birth defects in animals. The fact that studies of other epilepsy drugs have revealed an increase in birth defect risks indicates that all of these drugs may affect the reproductive process.

Of the approximately 2.7 million Americans with epilepsy, Topamax makes up 1 out of every 5 prescriptions. Doctors say that even though there are risks involved with taking anti-epilepsy drugs, preventing epileptic seizures that would otherwise harm unborn babies—perhaps even more severely than the side effects that use of the drug can cause—is essential.

If you or someone you love was injured because of a dangerous pharmaceutical drug, you may be entitled to personal injury or wrongful death compensation. Drug manufacturers are supposed to test their medications before making them available to users and warn of any adverse side effects.

Our South Florida drug litigation law firm can determine whether you have grounds for a claim. If a drug maker or seller knowingly concealed risks, failed to conduct the proper and full product tests, or neglect to warn doctors and consumers of potential dangers, we know how to investigate any of these factors and prove your case.

Epilepsy drug Topamax linked to birth defects, Los Angeles Times, July 22, 2008

Study links epilepsy drug to increased birth-defect risk, USA Today, July 21, 2008

Related Web Resources:

Topamax

Epilepsy and Pregnant Women, MayoClinic.com

Continue reading "Report Links Topamax to Birth Defects" »

Posted by David J. Halberg, Esq. | Permalink | Email This Post

Posted In: Birthing Injuries , Drug and Medical Device Litigation

Bookmark: