Florida Accident Attorney Blog

Nationally, motorcycle accident deaths have been declining. However, a national highway safety group gives Florida a "poor" rating when it comes to its motorcycle helmet use law. In Florida, only motorcyclists age 20 and under are required to wear helmets.

The Governors Highway Safety Association (GHSA) released a report this spring stating that motorcycle traffic accident deaths have declined in the United States by 2 percent -- down from 4,465 motorcycle accident fatalities in 2009 to 4,376 accidental deaths in 2010. The previous year saw an even more dramatic drop of 16%, which translates to lives saved.

However the authors of the report are still concerned about risks for motorcycle traffic accident fatalities, particularly as motorcycle helmet use is down from 67 percent in 2009 to only 54 percent in 2010. The GHSA recommends that states strive to push forward increased helmet use, in an effort to save lives and prevent head injuries and deaths when motorcycle accidents occur.

Fort Lauderdale, Florida motorcycle accident injury lawyers are well aware of the devastating injuries that can occur when a motorcycle operator is involved in an auto accident on Fla. city streets, back roads or highways. Motorcycle helmet laws remain a source of controversy in many states, including Florida. While safety advocates encourage the passage of stricter motorcycle helmet use laws, some states -- including Florida -- have resisted the laws.

Florida had a universal motorcycle helmet use law for operators of all ages on the books, but it was revoked in 2000. Opponents to motorcycle helmet laws say the helmets can impede their hearing and vision, and take away from the feeling of freedom riding down the road or highway. However when motorcycle accidents with motor vehicles happen on Florida's city streets or busy highways, the motorcycle operator and his passenger are completely exposed to traffic and at a serious disadvantage.

Florida is known to be a motorcycle friendly state, with conventions such as Daytona Bike Week attracting motorcyclists and onlookers from around the country. However Fla. motorcyclists involved in auto accidents can suffer severe head injuries, which can cause brain damage, paralysis, and death. The National Highway Traffic Safety Administration (NHTSA) reports that in 2008, motorcycle riders killed in Florida accidents numbered at 523 deaths -- 52% were helmeted and 48% were not wearing helmets (NHTSA Traffic Safety Facts 2008 Data: Motorcycles).

In addition to urging states to adopt, strengthen, and enforce motorcycle helmet laws, the GHSA also recommends states work to reduce driver alcohol impairment, reduce speeding, and provide motorcycle operator training to all bikers who require or request it.

New Study: Motorcycle Deaths Decline Slightly But Concerns Develop
GHSA Press Release April 19, 2011

Related Florida Motorcycle Accident Attorney Article:

Report Cites South Florida Streets a Hazard for Car, Bike and Pedestrian Accidents

Related Web Resources:

NHTSA: Motorcycles Safety portal

Insurance Institute for Highway Safety: Motorcycle and Bicycle Helmet Use Laws

Florida Dept. of Highway Safety and Motor Vehicles : Florida Rider Training Program

If you own a backyard swimming pool or hot tub spa at your home in Fort Myers, Fort Lauderdale, Miami, West Palm Beach, Florida, or any other Sunshine State community -- you'd better inspect the pool drain cover. ABC News reports a large-scale voluntary recall of swimming pool drain covers, due to potential risk of entrapment that could lead to injury or death for swimmers.

The U.S. Consumer Product Safety Commission (CPSC) announced the largest consumer product safety recall of swimming pool drains ever. More than one million swimming pool drain covers manufactured by multiple companies have been listed by the CPSC for voluntary recall due to mislabeling regarding water flow ratings. Improper fit and functioning of swimming pool and hot tub drain covers can cause swimmers to become entrapped by the suction of the pool drains, which could lead to injuries or death by drowning.

South Florida swimming pool accident injury lawyers pay close attention to consumer product safety recalls such as this one. The proper functioning of pool drain covers in Florida's public and private swimming pools has been in the news in recent years. If the swimming pool or hot tub drain covers are not functioning properly, there's a risk of swimmers or bathers becoming stuck on the bottom by the intense suction, as the pool drains and filters the water. If the entrapped swimmers -- including small children -- are unable to be freed quickly, they could become seriously injured or die from drowning in Florida swimming pool accidents.

Last summer, ABC News obtained a confidential industry report stating that improperly fitted and functioning pool drains can lead to serious injury and drowning death. The media outlet reported that since 1999, at least 11 people have died due to drowning by being entrapped by swimming pool drains. The Virginia Graeme Baker Pool and Spa Safety Act, which created stricter anti-suction standards for pool drain products, was named after a seven-year-old girl died from such a pool drowning accident.

See resource links below to get more information on whether your Florida swimming pool or hot tub may be fitted with one of the recalled pool covers -- and what you can do about it. Be aware that Florida swimming pool accidents may also involve premises liability issues. Florida swimming pool accidents that lead to drowning are the no. 1 cause of accidental death of children under the age of 5. Consumers are advised to stop using the recalled products immediately until they can be assessed for safety and/or replaced or retrofitted.

Drowning Risk Prompts Biggest Ever Recall Of Backyard Pool Drain Covers
ABCNews.com May 26, 2011

Confidential Study Warns Of 'Serious Injury Or Deaths' From Drain Covers Used In Millions of US Pools
ABCNews.com Aug. 24, 2010

Related Web Resources:

Eight Manufacturers Recall Pool and In-Ground Spa Drain Covers Due to Incorrect Ratings
Consumer Product Safety Commission Press Release May 26, 2011

The Association of Pool & Spa Professionals -- Pool and Inground Spa Drain Cover Recall

Related Florida Injury Attorney Articles:

Florida Drowning Accidents: Red Cross Issues Memorial Day Weekend Warning

Swimming Pool Safety Law Update: Child Advocates Concerned About Compliance

If you live, work, or vacation in Fort Lauderdale or Miami, Florida, you'd better be sure to look both ways before you cross the street -- and walk on the sidewalks, not on the roadside.

Miami and Fort Lauderdale topped a list of U.S. cities deemed most hazardous for putting people at risk of traffic-related pedestrian accidents. In fact, according to safety advocates Transportation for America, which calculates a Pedestrian Danger Index -- Florida metro areas are among the most dangerous places in the country for serious and fatal pedestrian and motor vehicle accidents.

As Fort Lauderdale pedestrian accident lawyers, we are all too familiar with the devastating injuries and fatalities that can occur when a person on foot is hit by a car, truck, or other motor vehicle in Florida. NHTSA reports that on average, most pedestrian accidents occur in urban areas, at night, at non-intersection locations, and under normal weather conditions. People age 65+ are at greater risk of having a pedestrian accident. Florida experienced 466 pedestrian accident fatalities in 2009.

According to Transportation for America's "Dangerous by Design" study (see link below), approx. 47,700 pedestrians were killed in the United States between 2000 and 2009 -- "the equivalent of a jumbo jet full of passengers crashing roughly every month."

The study found that "most Americans continue to live in places where walking is risky business for their health and safety, where roads are designed solely to move traffic and where pedestrians are viewed as an obstacle." With Orlando, Florida, topping the list as the nation's most deadly city for pedestrians, the most dangerous metro areas in the South and West "…have seen rapid growth in recent decades of low-density development, characterized by high-speed urban roads that are particularly hazardous for walking."

Metro Orlando tops list of most dangerous communities for pedestrians
Sun-Sentinel.com May 24, 2011

Transportation for America: Dangerous by Design 2011

NHTSA: Traffic Safety Facts 2009: Pedestrians (PDF)

Related Florida Accident Attorney article:

Florida Pedestrian Traffic Accident Deaths Up: Report Cites Technology Distractions

Data analysis by the Centers for Disease Control and Prevention (CDC) reveals that the financial costs associated with Florida fatal traffic accidents are among the highest in the United States.

The CDC states that some 30,000 people are killed in auto crashes every year in the U.S. As any experienced Fort Lauderdale car accident injury lawyer will attest, the loss of a loved one in a Florida motor vehicle crash is devastating to the family.

In addition to the emotional damage of losing a family member in an auto accident in Florida, there are also enormous financial costs. The CDC data analysis found that motor vehicle crash deaths result in $41 billion in medical and work loss costs in the U.S. But these costs are not distributed equally across the USA:

• 10 states' auto fatality costs amount to half the total costs in the country.
• California leads the country as the state with the highest associated motor vehicle fatality costs ($4.16 billion), followed by Texas ($3.50 billion), with Florida ($3.16 billion) ranking third highest in the nation.

As Ft Lauderdale, Fla. auto accident injury attorneys, we are well aware of both the emotional and financial burden carried by families who lose a loved one in a Florida traffic crash.

The CDC data put a dollar amount on the tremendous financial costs associated with deadly auto accidents in Florida. This is why it's so important to consult an experienced accident injury lawyer when a serious car crash with injury or death occurs due to the negligence or recklessness of another driver. An experienced injury attorney can pursue the compensation grieving families are entitled to by law, for medical bills and lost wages as a result of serious traffic accidents in Fort Lauderdale, Sunrise, Fla., and elsewhere in Broward County, Florida.

State-Based Costs of Deaths from Crashes
CDC.gov May 10, 2011

Related Florida Accident Attorney articles:

What Damages Mean to You in Your Florida Personal Injury Lawsuit

Driven to Distraction in Fort Lauderdale: Is Texting & Tweeting Behind the Wheel as Dangerous as Drinking and Driving?

A report released by the U.S. Dept. of Health and Human Services raises questions over the administration of anti-psychotic medications to nursing home residents who might not need them. As Broward County, Florida injury attorneys who follow nursing home abuse and neglect cases, news of this report raises troubling questions about the safety of loved ones in nursing homes.

The study, titled "Medicare Atypical Antipsychotic Drug Claims for Elderly Nursing Home Patients," found that...

• Antipsychotic drugs were given to nursing home residents "unnecessarily" over 300,000 times between January and June 2007, with more than half of those drugs given "in excessive dose."
• 88% of the time that Medicare paid for antipsychotic drugs given in nursing homes, these powerful drugs went to patients with dementia.

The DHHS said it is very concerned about the safety of these medications given to nursing home patients unnecessarily, including patients who are already struggling with dementia. Medication errors in nursing homes can be very serious and even lead to death in elderly, frail patients. The DHHS is looking into whether "financial incentives for unnecessary drug use" have come into play in these cases under investigation.

Fort Lauderdale, Florida nursing home abuse lawyers take great interest in reports such as this one, which raise questions about quality of nursing home care nationwide. We have many beloved seniors in nursing homes here in the Sunshine State. The Florida Health Care Association reports 684 nursing homes in Florida, with 82,276 beds and an estimated 72,000 nursing home residents. When we move a loved one into a nursing home in Florida, we rely on the facility medical and healthcare staff to take excellent care of our family member and ensure no harm comes to them. Long-term care (LTC) facilities support an estimated $20.2 billion or 2.7% of Florida's economic activity.

CBS News reported that a woman's father died shortly after being moved into a Calif. nursing home, where he was reportedly given anti-psychotic drugs. The daughter told the press that the medications rapidly brought about her father's decline. Some experts who follow nursing home neglect and injury cases suggest that these powerful medications may be inappropriately used as "chemical restraints" in nursing homes that lack sufficient numbers of qualified, trained staff.

Study finds "Unnecessary" drugs in nursing homes
CBSNews.com May 9, 2011

Medicare Atypical Antipsychotic Drug Claims for Elderly Nursing Home Patients (PDF)
U.S. Department of Health and Human Services May 2011

Related Florida Accident Attorney articles:

Crackdown on Broward County "Pill Mills" : Pain Clinics Blamed for Florida Prescription Drug Overdose Deaths March 9, 2011

State Attorney Calls West Palm Beach Summit on Florida Pain Clinics and Prescription Drug Abuse Feb. 22, 1010

Related Web Resources:

American Medical Directors Association

Florida Health Care Association

Last month, the Ford F-150 pickup truck had come under scrutiny for a potential problem with air bags deploying without a traffic accident having occurred (see link to related Florida accident attorney article below). Now Ford's popular pickup truck is back in the news once again for safety concerns, this time for an issue with gas tank straps breaking and the potential for leakage and fire.

News sources report that the National Highway Traffic Safety Administration (NHTSA) is looking into whether the straps holding up Ford F150 gas tanks could rust and break -- possibly leading to gas tank rupture and fire hazard. NHTSA has received 32 complaints and between 200 and 300 reports (media accounts vary) from Ford F-150 drivers about their gas tanks falling off.

NHTSA investigations sometimes lead to automotive safety recalls. The agency is looking at Ford F-150 model years 1997 through 2001. If a safety recall occurs, it could include some 2.7 million vehicles.

A Miami, Florida auto defect lawyer monitors vehicle safety issues such as this one regarding the Ford F-150 gas tank straps and potential for breakage and fire.

Miami-Dade drivers who own the popular Ford F-150 don't want to imagine driving along Florida I-95 and having their pickup truck's gas tank fall off and drag along the highway. Florida attorneys with experience in automotive product liability cases may advise families if a traffic accident with injury or death occurs. So far, no one has reportedly been injured or killed in a pickup truck accident related to the gas tank issue. If you do own a Ford F-150 made in 1997-2001, contact your Florida Ford dealer.

Officials investigate fuel tank problem on F-150s
Associated Press in The Miami Herald May 9, 2011

Ford F-150 Gas-Tank Investigation Intensifies
Wall Street Journal May 9, 2011

Related Florida Accident Attorney article:

Florida Ford F-150 Driver Alert : Air Bag Safety Recall Expanded, Risk of Injury Due to Inadvertent Deployment

Related Web Resource:

Florida Ford Dealers Directory

Plantation, Florida personal injury attorneys Jason and Debi Chalik are co-hosting a fundraising gala on Friday May 6, 2011 to benefit Debbie's Dream Foundation, Inc. The organization seeks to raise awareness about stomach cancer and find better ways of treating and curing the disease.

The Chaliks got involved with the organization when they learned their neighbor was living with an advanced stage of stomach cancer. "Stomach cancer doesn't get as much attention as some other forms of cancer," says Florida injury lawyer Jason Chalik. "When we learned that our neighbor was ill with stage 4 stomach cancer, we wanted to do something to raise public awareness and find a cure."

Debbie's Dream Foundation was founded after Attorney Debbie Zelman of Davie, Florida, was diagnosed with an advanced stage of stomach cancer and given a 5% rate of survival, the Miami Herald reports. That was 3 years ago. Ms. Zelman, a mother of three, has since become an advocate for other people living with stomach cancer and is on a crusade to raise awareness of the disease and find a cure. The foundation website reports some startling information, for those who are unaware of the existence and seriousness of stomach cancer -- medically known as gastric cancer:

• Some 22,000 Americans will be diagnosed with stomach cancer each year and more 10,000 will die from the disease.
• Stomach cancer is the second-leading cause of cancer death in men and the fourth-leading cause of death among women worldwide.
• Every year about 930,000 people are diagnosed with stomach cancer around the world and some 700,000 die of the disease.

"We believe in getting involved at the grassroots level when someone in our community needs our help," Attorney Jason Chalik says.

Attorneys Jason and Debi Chalik are co-chairing the 2nd Annual Dream Makers Gala with Jennifer and Stuart Kapp. The fundraiser takes place Friday May 6, 2011 at The Westin Beach Resort and Spa in Fort Lauderdale, Florida. See link below to foundation website along with information on how to get involved, donate, and help find a cure for stomach cancer.

Debbie's Dream Foundation, Inc.
Email events@debbiesdream.org
For sponsorship opportunities call (954) 889-5825
For registration call (954) 889-5825 ext. 12

Debbie’s Dream Foundation to hold gala
Miami Herald April 30, 2011

Related Web Resources:

American Cancer Society: Stomach Cancer

Mayo Clinic: Stomach Cancer

Related Florida Accident Attorney article:

A Message from Plantation, Florida Accident Injury Attorney Jason Chalik on Giving Back to the Community