Florida Accident Attorney Blog

A fatal Florida motorcycle crash that occurred last month on an onramp from interstate 95 to 595 near Fort Lauderdale is one more in a list of deadly motorcycle accidents that has state transportation authorities concerned about that ramp's safety.

Jose Manual Reyes of Hollywood, Florida, was driving his 2008 Honda M/C motorcycle southbound on I-95 heading westbound on the entrance ramp to I-595, when he struck an SUV in front of him. The impact of the crash threw Reyes off of his motorcycle and onto the ramp, while the motorcycle continued over the wall, plunging below onto Southwest 26th Terrace. Reyes was pronounced dead at the scene and the driver of the Dodge Durango that he hit was not cited in the motorcycle accident.

According to authorities, several motorcyclists have either crashed and died on the ramp or plunged over the wall to their deaths in recent months. State transportation authorities are looking into ways to make the ramp safer, including better lighting and warning signs.

Motorcyclists are at greater risk than other motorists when traveling on Florida interstates, highways, and streets due to the fact that their bodies are more exposed to traffic and the environment. Though the National Highway Transportation Safety Administration reports that helmet use on U.S. highways increased to 75 percent in 2008 (Traffic Safety Facts, "Motorcycle Helmet Use in 2008 - Overall Results," Sept. 2008, NHTSA.gov) -- and studies show that helmets do save lives -- a helmet alone does not guarantee that a biker will survive a motorcycle accident.

Reyes was in fact wearing his helmet, and authorities are investigating why he lost control of his motorcycle on the ramp from Florida I-95 south to I-595 west.

Motorcyclist dies in I-595 crash Sun-Sentinel.com Nov. 2, 2008

Dangers on I-95 in South Florida Sun-Sentinel.com Photo Gallery

Related Web Resources

Florida Department of Highway Safety and Motor Vehicles: Motorcycle Safety Tips

Florida Rider Training Program: Motorcycle Endorsements

South Florida drivers who've traversed the Sunshine State via Interstate know it can be a jungle out there. Whether you're cruising south to Miami on I-95, or navigating I-595 to get to the Fort Lauderdale-Hollywood International Airport -- Florida highway driving is not for the faint of heart. We share the lanes with large commercial trucks and car truck accidents are always a concern. And with good reason.

The Florida Highway Patrol (FHP) reports that car crashes involving large trucks are on the rise, and they don't plan to sit by idling and do nothing about it. The Florida Highway Patrol announced a statewide plan to reduce unsafe driving -- particularly the unsafe driving practices of large commercial truck drivers and bus drivers that can lead to catastrophic accidents with cars. Here's a statistic to make you slow down and take notice:

According to Florida traffic data, commercial vehicles were involved in more than 18,000 accidents causing 365 deaths last year.

Semi tractor trailer trucks and other large commercial trucks are governed by federal and state regulations that mandate not only the proper repair and maintenance of the vehicles and equipment, but how much sleep and rest the drivers get. The Florida Department of Transportation plans to look into the growing problem of truck drivers who are driving long hauls without sufficient rest and are at risk of falling asleep at the wheel.

During this safe highways operation, FHP troopers and Motor Carrier Compliance officers will be patroling the highways for unsafe truck and bus driving behaviors that can contribute to accidents. The police will be using laser, radar, video cameras, motorcycles, and unmarked patrol vehicles to nab unsafe truck and bus drivers.

Until the problem of car truck accidents is greatly reduced, we South Florida motorists had best stay alert on Florida highways.

FHP Aims to Reduce Unsafe Driving WCTV.tv Nov. 19, 2008

State Agencies Partner to Reduce Crashes Involving Large Truck and Buses Florida Highway Patrol Press Release Nov. 19, 2008

Related Web Resource

Florida Department of Highway Safety and Motor Vehicles: Safety First Safety Tips

Here in Broward County and the Palm Beach and Fort Lauderdale area, we South Florida residents enjoy some of the finest year-round weather in the nation. Besides our world-class beaches, Florida's swimming pools are a big part of our lifestyle. Many homes and condo and apartment complexes have them, and public swimming pools offer a way to cool down for families who don't own their own swimming pools.

The dark side to the sunny South Florida lifestyle is Florida has a higher than national average rate of childhood deaths due to drowning. Some sobering statistics:

• According to the CDC, drowning was the number-one cause of death for Florida children ages 0 to 5 years old in 2005 (45%), followed by motor vehicle traffic accidents (30.9%).


• Nationally, drowning is the second leading cause of death due to injury in children ages 1 to 14.


• In 2004 in the U.S., 761 children age 14 and younger died due to drowning.

The Virginia Graeme Baker Pool and Spa Safety Act, which became effective Dec. 20, 2007, was designed to make public swimming pools and spas safer. The U.S. Consumer Product Safety Commission (CPSC) is administering this Federal act, which mandates that all U.S. public swimming pools and spas must be in compliance with safety requirements by Dec. 20, 2008.

Some of the safety requirements include proper fencing and barriers, a "safety vacuum release system" at suction outlets where water is pumped and recirculated, and drains that have covers and otherwise meet Consumer Product Safety standards to avoid entrapping swimmers. Of course, adult supervision by watchful parents or caregivers is one of the best means of preventing child pool drowning and accidents.

Public pools and spas in Florida and the other states who have not complied with the Pool and Spa Safety Act by Dec. 20, 2008, will be found to be in violation of the Act.

New Swimming Pool and Spa Safety Act for All Public Pools International Business Times Nov. 10, 2008

Related Web Resources

U.S. Consumer Product Safety Commission: Pool and Spa Safety Publications

The Association of Pool and Spa Professionals

As South Florida mesothelioma lawyers, we have seen our fair share of work injury and wrongful death cases related to asbestos exposure at work -- usually people who've worked in construction, manufacturing, and the automotive industries. All of the asbestos cases we've seen are sad and maddening, as the deadly diseases caused by asbestos exposure including asbestosis, lung cancer, and the incurable mesothelioma are preventable.

This week we lost a legal colleague to this terrible disease, when Attorney Milton Ferrell Jr. of Miami died from mesothelioma at just 57 years of age. The asbestos-related cancer had cost him a lung in May, and though it had spread to his stomach, hip, brain, and his remaining lung, he fought to stay lucid long enough to give one final deposition. He died less than a day later.

Attorney Ferrell was a former Miami Dade County Assistant State's Attorney who later became a lawyer, Democratic Party activist, and philanthropist. He funded projects such as a Miami AIDS ministry and an orphanage in Honduras. He offered legal counsel to billionaires and foreign governments including Saudi Arabia, and he enjoyed great professional success and respect from his colleagues. Worth magazine named him one of the country's top 100 lawyers in 2006.

But as is the cruel reality with most asbestos cancer cases, Mr. Ferrell's exposure to the deadly asbestos fibers occurred much earlier in his life when he worked on cars, including doing break jobs, as a youth. Automotive breaks are known to contain asbestos.

Our thoughts and prayers go out to Attorney Ferrell's family.

Attorney Milton Ferrell Jr. dies of mesothelioma MiamiHerald.com Nov. 18, 2008

Related Web Resource

Asbestos Disease Awareness Organization

Florida drivers might want to check their tires. Years after the initial recall of millions of defective tires blamed in SUV rollovers and other deadly vehicle accidents, Bridgestone Firestone tires are back in the news. The National Highway Transportation Safety Administration (NHTSA) reported a new recall of defective tires manufactured by Bridgestone Firestone North American Tire.

Firestone brand tires produced between June 4, 2006 and Sept. 8, 2007, and LeMans Champion SE tires made between June 4, 2006 and Sept. 2, 2006, may have "insufficient tread base gauge." The defect could cause tire tread distortion or tread separation, which could lead to loss of vehicle control and auto accidents.

Bridgestone Firestone announced the voluntary recall on Oct. 29, 2008, of approximately 135,000 Firestone FR380 P235/75 R15 tires and 27,000 LeMans Champion SE P235/75 R15 tires. The company stated in a news release that although there have been no reports of personal injury or property damage due to the affected tires, the products "fail to meet the companies' internal standards." The tires were manufactured by Bridgestone Firestone de Costa Rica in its San Jose facility. Bridgestone Firestone will contact customers affected by the tire recall and will replace the faulty tires free of charge.

Chalik & Chalik has handled car accident cases involving defective tires since this traffic safety issue first made headlines years ago. Florida drivers should check the Bridgestone Firestone website (see link below) for information on how to identify the recalled tires and where to get them replaced.

Readers may remember that in 2000, millions of Bridgestone Firestone tires were recalled after numerous reports of SUV rollover accidents made the news. Ford Explorers with Wilderness AT tires were involved in many serious and sometimes deadly accidents, particularly when the tires were under inflated.

Concerns Still Exist Over Tires Separating, Causing Accidents WFTV.com 9, Nov. 5, 2008

Recall Alert: Bridgestone Firestone Tires Cars.com Nov. 3, 2008

Related Web Resources

Bridgestone Firestone North American Tire
SaferCar.gov

A Florida mom who pulled her own two children from a burning schoolbus hit by a semi truck on US 301 has filed a lawsuit in Ocala against the truck driver, the trucking company and an interstate freight company. The fatal truck accident occurred in Sept. 2008 on US 301 near Citra in Marion County, Florida, where the school bus had pulled over to let students get off. According to accident reports, a commercial semi trailer truck crashed into the rear of the parked bus, setting off a series of explosions.

Citra resident and mom Rhonda Arbuckle rushed to the scene and pulled two of her own children off the burning bus. But according to the truck crash lawsuit she filed in Circuit Court, when she went back into the bus to rescue "a lone remaining child," she was thwarted by "...a small explosion [that] increased the smoke and flames, making rescue impossible." Thirteen year old Frances Margay Schee died in the accident when the school bus and the semi truck burst into flames on impact.

Arbuckle has hired a truck accident attorney to pursue a count of negligence against truck driver Reinaldo Andujar-Gonzalez of Orlando and vicarious liability counts against trucking company Andujar Transport, Inc. of Florida and interstate freight commerce company Comtrak Logistics, Inc. of Delaware. She seeks damages for herself and her 3 children who were on the bus, one of whom had to be hospitalized in Gainsville with serious injuries.

Factors that may have contributed to the crash relate to both federal safety regulations for commercial trucks as well as Florida public safety regulations. According to preliminary accident reports, Gonzalez's truck experienced brake problems on Interstate 95 earlier in the morning of the crash and was taken out of service; it's unclear if the brakes were repaired before the truck crashed into the schoolbus. Gonzalez also told investigators he was using his cell phone before the truck accident occurred.

Parents have petitioned the School Board to discontinue the practice of school buses stopping on four-lane Florida highways to let students off. The Florida Highway Patrol continues to investigate this fatal schoolbus truck accident.

Lawsuit filed in bus-truck crash Ocala.com Nov. 6, 2008

Girl, 13, killed in school bus crash on U.S. 301 Ocala.com Sept. 23, 2008

Related Web Resources

Florida Highway Patrol: School Bus Safety Tips

Federal Motor Carrier Safety Administration

A Broward County Jury in Fort Lauderdale, Florida, awarded a local couple $3,606,000 in a lawsuit alleging secondhand work-related exposure to asbestos. Lynda Daly, 57, a resident of Broward County, Florida since 1998, was diagnosed with mesothelioma in May 2007—a deadly form of lung cancer directly linked to asbestos exposure.

Mrs. Daly's exposure to asbestos occurred in the 1970s and 1980s, when she worked for two Ford dealerships in Wisconsin for about two years. The lawsuit blamed secondhand exposure to asbestos found in auto brakes made by Ford Motor Co. and Pneumo Abex. Mrs. Daly says she was further exposed to asbestos when she assisted her husband, Michael Daly, with repairs to brakes on their personal vehicles around the same time.

As in Mrs. Daly's case, mesothelioma is known to lie dormant in the body for decades. But once the cancer is diagnosed, the victim often has less than a year to live. Though Ford and Abex denied responsibility in this case, the Broward County Jury rejected their defense and instead relied on expert testimony presented by doctors from cancer centers in Florida and Massachusetts.

Mesothelioma has been medically proven to be directly linked to exposure to asbestos. The exposure may be firsthand, when someone works directly in or around materials containing asbestos. Secondhand exposure may occur when a person working in or around asbestos unknowingly brings home fibers on their clothing and exposes their families, or when someone works in proximity to others who work in or around asbestos.

Prior to the 1980s, asbestos used in manufacturing, construction, automotive and other industries was not subject to the same U.S. government safety regulations as it is today. (Asbestos was banned from use in new buildings in 1988.) Sadly, because the cancer may lie dormant for decades, people with work-related asbestos exposure, and their families who have secondhand exposure, continue to get sick and perish.

Ft. Lauderdale Jury Awards Couple over $3 Million in Secondhand Asbestos Exposure Case The Wall Street Journal MarketWatch Nov. 4, 2008

Related Web Resources

OSHA Safety and Health Topics: Asbestos

EPA.gov: Asbestos