Florida Accident Attorney Blog

A traffic accident this past week in Lee County, Florida, has left a construction worker with a broken arm.

The car - pedestrian accident happened on Thurs. Oct. 29 on a stretch of Florida Interstate 75 undergoing road expansion work in Lee County. The accident occurred on the northbound side of I-75 between the Daniels Parkway and Alico Rd. exits, just past 3 a.m. Florida Highway Patrol took a male driver into custody after he struck a highway worker and fled the scene.

The driver was apprehended by police after searching the woods surrounding the accident scene. He will be charged with driving under the influence (DUI) and leaving the scene of an accident. (In Florida, the legal blood alcohol concentration limit is .08) The injured construction worker was taken to Gulf Coast Medical Center for treatment and released.

A Florida construction site accident lawyer is familiar with the laws in place designed to protect highway workers and law enforcement officials from this type of motor vehicle/pedestrian accident.

Florida Highway Construction Accidents
Construction work accidents where road workers are injured or killed by motorists are unfortunately not all that uncommon. Construction workers doing their jobs in or on the sides of the highway or roadway are vulnerable, particularly at night. Earlier this year, a traffic accident in Bonita Springs, Florida, on I-75 resulted in the death of a highway construction worker when he stepped into the path of a semi-truck.

Florida law enforcement officials are also at risk for this type of work-related injury or fatality when they pull over motorists or stop to assist disabled vehicles. The Florida Move Over Law states that motor vehicle drivers are required to safely change lanes or slow down to a speed that's 20 mph below the speed limit when encountering a police or emergency vehicle stopped on the roadway.

VIDEO: I-75 construction worker injured; DUI arrest made
NaplesNews.com Oct. 29, 2009

Construction worker struck on I-75 in Lee
News-Press.com Oct. 29, 2009

I-75 construction worker killed when hit by semi in Lee County
NaplesNews.com April 3, 2009

Related Web Resources

iROX I-75 Road Expansion Project

Florida Move Over Law

News reports state that two friends from Fort Myers, Florida, who were killed in a car accident this past weekend, were U.S. Army soldiers en route to surprise their families in southwest Florida, before being deployed to Iraq.

According to Florida Highway Patrol (FHP), this fatal traffic accident occurred in Fort Pierce on a dark stretch of Okeechobee Rd on Sat. night Oct 24. The FHP reports that a 21-year-old man from Fort Myers, Florida, and his friend, a 24-year-old man from North Fort Myers, Florida, had pulled over, parked on the median, and were arguing in the westbound lane of SR 70. They were struck by a vehicle traveling westbound.

The other vehicle involved was driven by a 24-year-old Okeechobee man, who told authorities he did not see the other two men in time to swerve and avoid them. There were no further details available regarding investigation into this Florida motor vehicle accident.

Fort Myers car accident attorneys may get involved in cases where a fatal Florida car crash or car-pedestrian accident has occurred due to negligent or reckless driving. To date no charges have been filed in this tragic case, which has left all the families involved grieving.

New details released in deaths of two Lee County soldiers
News-Press.com Oct. 26, 2009

Two men killed by vehicle in Fort Pierce were soldiers on their way home to families
TCPalm.com Oct. 26, 2009

Arguing Soldiers Killed in Car Accident
NBCMiami.com Oct. 26, 2009

Related Web Resource

Florida Highway Patrol

The United Brachial Plexus Network, Inc., held an Awareness Week Oct. 18 to 24 to educate parents, families, and individuals about the risks of birth injuries such as Erbs Palsy, which can require surgery or physical therapy and have temporary or lifelong effects.

The group's website informs parents-to-be about birth injuries that can occur related to the position of the mother, possible complications, and delivery techniques used by the obstetrician. The group cautions mothers from giving birth on their backs and from consenting to allow physicians to use "tools" such as forceps and suction devices, which can sometimes cause injury to the newborn.

A Florida Erbs Palsy attorney may be consulted by families in cases where they believe their baby son or daughter may have suffered birth injury due to actions by the physician. Families are best advised to consult an attorney who is experienced with birth injuries to determine if medical negligence or malpractice may have occurred.

Brachial plexus injury refers to damage such as stretching and tearing of the group of nerves that control the muscles of the shoulders, arms, hands, and fingers. One of the most common factors leading up to an erb's palsy injury is a delivery complication known as "stuck shoulder." Improper obstetric technique can worsen the situation. The United Brachial Plexus Network offers information to help parents prepare for things that can happen during child birth, so they can make better decisions with their obstetricians.

United Brachial Plexus Network, Inc.

Related Web Resources

Mayo Clinic: Erb's Palsy Treatment in Children

National Institute of Neurological Disorders and Stroke:
NINDS Brachial Plexus Injuries Information Page

The victim of a Lauderhill, Florida pedestrian accident remains hospitalized at Broward General Medical Center after he was struck by a driver who left the scene.

This serious traffic accident occurred on October 10 when the male victim, age 50, was walking north across the 3200 block of West Broward Blvd in Lauderhill (which is near Fort Lauderdale, Florida) after dark. According to police, he was struck by a Chevy SUV or similar vehicle. The victim suffered serious personal injuries including head injuries, and has not been able to speak or provide police with information.

The police are seeking the public's assistance in locating the driver in this hit-run car accident.

Florida Pedestrian Accident Statistics
Fort Lauderdale pedestrian accident lawyers are consulted by families in cases such as this where a family member suffers personal injury or dies as a result of a hit-and-run traffic accident. 490 pedestrians died as a result of motor vehicle accidents in 2008 in Florida. (NHTSA Traffic Safety Facts Florida 2004-2008).

Why Do Florida Hit and Run Drivers Flee the Accident Scene?
An article reprinted from the Orlando Sentinel on the Florida Highway Patrol website (see link below) asked the question "Why are hit-run drivers fleeing?" after several hit and run traffic deaths in Orange County, Florida, in 2006. A spokesman for the Florida Safety Council stated that drivers who strike pedestrians sometimes hit the gas pedal and flee out of fear, whether the accident was their fault or not. Interestingly, the same article stated that drivers in Norway are given CPR training before they can get their licenses -- in hopes they would assist in the event of a motor vehicle accident. Driver education in the United States tends to focus on traffic laws and driving technique.

Lauderhill police seek public's help to find hit-run driver
South Florida Sun Sentinel Oct. 19, 2009

Why Are Hit-Run Drivers Fleeing?
Florida Highway Patrol (article reprinted from Orlando Sentinel, Aug. 5, 2006)

Related Web Resources

Lauderhill Police Department

South Florida Traffic Reports

Florida Safety Council

A jury found a 26-year-old Miami, Florida woman guilty of vehicular homicide in a car and motorcycle accident that left two motorcycle operators dead. The fatal Florida car accident occurred in Feb. 2008.

Killed were an off-duty police officer from North Miami and a computer operator from West Palm Beach. According to news reports, the two friends, who were en route to Bike Week in Daytona Beach, Florida, were parked along the side of interstate 95 northbound near St. Lucie and Indian River counties. They were struck and killed by the female motorist, Dominique Brice, whom witnesses reported was travelling at high rates of speed, weaving in and out of traffic, and cutting off other drivers. The driver found guilty in this fatal Florida car crash was driving a Saturn.

The jury verdict of vehicular homicide could carry a sentence of up to 30 years. Sentencing will take place in Nov.

Florida Motorcycle Accident Fatalities Highest in the Nation
Fort Lauderdale motorcycle accident lawyers witness the devastation families endure when their loved ones are injured or killed by motorists driving recklessly. The National Highway Traffic Safety Administration (NHTSA) reports that the rate of fatal motorcycle accidents rose by 7 percent in 2007 -- 5,154 motorcyclists died and some 103,000 were injured on the nation's roadways. Of those fatalities, 530 were in Florida -- the highest number killed in the country -- followed by California (495) and Texas (375). (NHTSA Traffic Safety Facts 2007 Data: Motorcycles)

Vero Beach driver found guilty in death of two motorcyclists
TCPalm.com Oct. 14, 2009

Related Web Resources

Motorcycle Safety Foundation

Florida Motorcycle Training Courses

Last month, Fort Lauderdale car accident attorney Jason Chalik was asked by a Plantation, Florida, newspaper what he thought about texting and driving. The question was posed as the community of Parkland is introducing a ban on texting and driving, in keeping with a national movement to outlaw the practice. In case you are unaware of what texting is -- it is typing (often with one's thumbs) and sending messages on a cell phone, Blackberry, or other wireless, mobile hand-held device.

Should other Florida communities also ban texting and driving? "Yes, they should ban texting while driving," Attorney Chalik said. "Your reaction time is slow if you're texting." (Source: Plantation Forum, "On the Street," Sept. 30, 2009) As a veteran motor vehicle accident lawyer in Florida, Attorney Chalik is all too aware of the deadly consequences that can happen when drivers don't keep their eyes on the road.

A national summit on distracted driving sponsored by the U.S. Dept. of Transportation (DOT) was held earlier this month. The DOT is pushing to make the practice of texting and driving illegal in all states, citing that distracted drivers are more apt to be involved in serious car accidents. Some authorities believe texting and driving is as dangerous as driving under the influence (DUI) of alcohol. The DOT estimates that in 2008, driver distraction was involved in 16 percent of all fatal crashes in the U.S., estimating some 515,000 people injured and 5,870 killed.

In addition, Transportation Secretary Ray LaHood wants to curb large truck accidents, bus accidents, and other commercial and public transportation accidents (e.g., subways and rail) by restricting cell phone access while on the job. As a start, President Obama signed an executive order earlier this month banning all Federal workers from texting while operating equipment or driving vehicles while on government business.

A piece of state legislation called "Heather's Law" was proposed to ban cell phone use and texting while driving in Florida, after a young woman died in a fatal Florida highway accident on Highway 27 on her way to plan her wedding in Orlando in 2008. A truck driver who was allegedly texting while driving caused the deadly pile-up. The bill died in the Transportation Committee. Several states have laws banning texting while driving. Florida is not yet one of them.

Gov't seeks ban on texting truckers, bus drivers
SunHerald.com Oct. 1, 2009

Texting while Driving in the Headlights
CBSNews.com Sept. 29, 2009

Texting while driving gets attention in Florida
MiamiHerald.com Aug. 2009

State Bans on Texting While Driving
FoxNews.com May 11, 2009

Text and drive? Proposed law would ban it
baynews9.com Feb. 24, 2009

Related Web Resources

U.S. Dept. of Transportation: Distracted Driving Summit

Florida House of Representatives: Heather's Law (SB 172)

Stay Alive ... Just Drive! Program

Patients from Fort Lauderdale, Broward County, and other South Florida communities are concerned that they may have received contaminated blood from a local hospital.

Police are investigating the case of a nurse at Broward General Medical Center who may have exposed more than 1,800 patients to blood carrying infectious diseases such as Hepatitis A and B, as well as the Human Immunodeficiency Virus (HIV). According to news reports, a 59-year-old nurse is being investigated after officials at the hospital learned that she had been reusing intravenous medical materials such as saline bags and catheter tubing as patients underwent chemical cardiac stress tests -- materials that are intended for one-time use per standard nursing protocols.

At press time, no charges had been filed against the nurse. A news report from the South Florida Sun Sentinel went on to say that Broward General was in the process of contacting 1,851 patients who may have been exposed to the contaminants since 2004. The patients are being asked to return to the hospital for blood tests. It is unclear if any Florida medical malpractice cases will arise from this investigation, nor if anyone has become sick from the actions of the nurse being investigated.

According to the news item, the CDC reportedly said that because the equipment the nurse allegedly reused did not come in direct contact with patients, the chance of disease transmission was low. The Sun Sentinel went on to report that infection could occur if contaminated blood or fluids from the reused saline bags or tubing pushed through the length of IV tubing and came in direct contact with patients. The nurse under investigation was suspended in Sept., and police now believe she has left the country.

Broward County, Florida medical malpractice lawyers may become involved in cases to advocate for individuals and families who've become sick or suffered injury or death as a result of the negligent practices of a hospital or medical center.

Earlier in the year, hospitals run by the Dept. of Veterans Affairs in Miami, Florida and other cities came under fire when it was discovered that patients received colonoscopies performed with non-sterile equipment. Medical liability was again raised in this case, as the VA patients who received colonoscopies conducted with unsterile equipment may have been exposed to pathogens such as HIV and hepatitis.

Police investigating Broward General nurse at center of infection case
South Florida Sun Sentinel, Oct. 7, 2009

Possible exposure to HIV and hepatitis for veterans who received colonoscopy in Miami VA hospital
Examiner.com March 29, 2009

Related Web Resources

Broward General Medical Center

Florida Agency for Health Care Administration

When you purchase new tires for your car, van, truck or SUV, you drive away with the impression that you've invested in brand-new tires for your vehicle. What could be safer than new store-bought tires that have never hit the pavement? But are those new tires really new? You won't know for sure unless you check the tire date code, which the manufacturer stamps on the outer sidewall of the tire.

Florida tire defect attorneys Jason and Debi Chalik were featured on Comcast Newsmakers discussing tire date coding -- an important piece of information that the average consumer doesn't know is there. "If you look at the outside ring of the tire, there's a four-digit code," said Attorney Jason Chalik. "That four-digit code tells you the week and the year the tire was made. So if you see '1205' -- that means the tire was made the twelfth week of 2005."

Why Unused Tires More Than 6 Years Old May Be Unsafe to Drive
The Chaliks believe the tire industry should set an expiration date on tires more than six years old. "The U.S. Department of Transportation has done their own research and has made Congress aware that tires should not be driven if they've never touched pavement and they're more than six years old," said Attorney Debi Chalik, in an interview from the University of Miami. "There's an inherent defect where the metal inside the tire corrodes and the rubber itself dries out. The tire industry is aware of this."

The law firm cited the case of a client who was involved in a serious car accident causing permanent brain injury. The client needed a new tire for his SUV. The tire store he patronized put his spare on the rear passenger side of the car, and then they put a tire he purchased in the spare position. Though the original spare looked fine on the outside, it was actually more than 8 years old and had deteriorated on the inside. The tire tread came apart while the young man was driving and he lost control of his SUV, which flipped several times and ejected him. Defective tires and tire failure can cause loss of vehicle control and serious Florida traffic accidents, such as this one. "Unfortunately, our client suffered a catastrophic brain injury and is currently at a brain injury institute," Attorney Chalik said.

The tire store in this case claimed they did not know that tires more than 6 years old may be dangerous to drive on. The Chaliks urge all motorists to check the date codes on the tires they're currently driving on, as well as their spare tires. If any are more than 10 years old, consider getting them checked and replaced. To watch the interview with the Chaliks in its entirety, go to Firm News / Successes and scroll down to "Debi Chalik and Jason Chalik Discuss Tire Safety."

Related Web Resources

TireRack.com: Determining the Age of a Tire

NHTSA: Tire Safety: Everything Rides on It (PDF brochure)