Florida Accident Attorney Blog

Miami, Florida news sources report that a former Miami Beach police officer has turned himself in to authorities following an accident in early July with a police-issued all-terrain vehicle that sent two people to the hospital. He is in the Miami Dade-County, Florida jail.

News reports state that the officer was driving the ATV on the beach with a female passenger when he struck two people; one man was hospitalized with broken bones and another woman suffered internal injuries. (The woman victim, a young mother, is reportedly still in the hospital.)

The ATV accident in Miami Beach, Florida is under investigation. The former police officer who was driving the ATV has been charged with two counts of DUI with serious bodily injuries and two counts of reckless driving. Miami-Dade State Attorney Katherine Fernandez Rundle told the media that while most police officers take their jobs quite seriously, in any profession "you're always going to have a few that don't live up to the standard." The Miami Beach Police Dept. reportedly fired the officer along with a second officer who was allegedly drinking with him.

A Miami motor vehicle accident injury lawyer is aware that ATVs can pose serious safety hazards to drivers, passengers, and pedestrians when accidents occur. The ATV Safety Institute states that despite their fun appearance and popularity as recreational vehicles -- an ATV is not a toy. The ATV Safety Institute recommends the following operator safety guidelines:

o Wear a helmet, long pants, and shoes to protect your head and extremities
o Never take a passenger on a single-person ATV
o Ride an ATV that is appropriate for your size and age
o Supervise children under age 16 who are riding ATVs
(as Miami, Florida car accident injury attorneys know from experience, teen drivers -- of cars, ATVs, or boats and watercraft such as Jet Skis -- do not have the judgment that adults possess).
o Never drink and then drive an ATV

In another South Florida ATV accident story out of Lee County, Florida, a 13-year-old boy was killed when an ATV and a dirt bike collided. News reports state that speed may have been a factor when the vehicles crashed. Yet another fatal ATV accident occurred in Lehigh Acres, Fla., when an Immokalee man lost control of his ATV, which flipped over and killed him.

The Florida Off-Highway Vehicle Safety and Recreation website lists laws and statutes related to operating off-road vehicles and all-terrain vehicles, including damage to public lands, breaking fences, and safety training requirements and guidelines. For example, the organization recommends always riding an ATV of proper size within your abilities, and putting together a trip plan and emergency kit. See link below for more information about operating ATVs in Florida.

Related Florida Accident Injury Attorney article:

Florida Injury Cited in Lawsuits Against Yamaha Off-Road Vehicle : Rhino Blamed in Multiple Injuries and Death Sept. 27, 2010

Sources:

Former Miami Beach officer turns himself in
WSVN.com 7 News Miami / Fort Lauderdale July 26, 2011

Deadly ATV crash report shows vehicles were speeding
WINK News July 22, 2011

Immokalee man dies in ATV accident
WINK News July 25, 2011

Related Web Resources:

ATV Safety Institute

Florida Off-Highway Vehicle Safety and Recreation

When a woman goes into labor and enters her Florida hospital delivery room, it's supposed to be a joyous event. A new baby's arrival into the world is an exciting, heart-pounding time. However a carefree delivery, like the kind we see in TV and movie comedies, isn't the reality most women experience. Childbirth is a critical time for both the mother and the infant. The obstetrician's ability to assess the situation and use proper birthing techniques is extremely important for the birthing process to go smoothly and the baby to arrive healthy and uninjured.

An experienced Fort Lauderdale, Florida birth injury lawyer such as Attorney Debi Chalik knows from work representing clients that things can go wrong in the delivery room causing injury to the newborn.

Medical reference The Merck Manual writes, "Birth injury is damage sustained during the birthing process, usually occurring during transit through the birth canal." This situation may occur when the baby is large and the vaginal canal is too small for a safe delivery. A number of types of birthing injuries can occur when a woman delivers her baby at a Broward County or other South Florida hospital. These can include…

• Head and brain injury (including bleeding in the brain)


• Bone fractures


• Asphyxia (not enough oxygen)


• Damage to organs


• Injury to skin and soft tissues (but most birthmarks are not considered serious)


• Nerve damage

One type of nerve damage that can occur may affect the infant's ability to move his or her arm freely. This condition may begin when a birthing complication called a shoulder dystocia occurs -- when the baby's shoulder gets "stuck" inside the mother's birthing canal. If the delivering physician uses excessive force in attempting to free the infant's shoulder, the baby's neck can get stretched -- which may in turn cause damage to nerves that affect the mobility of the shoulder, neck, and arm.

This can lead to a condition known as Erb's Palsy or brachial plexus palsy or paralysis. Depending on the severity of the erbs palsy case, the infant may require surgery or physical therapy to regain mobility. Some estimates indicate that one of every 1,000 babies born experiences an Erbs palsy related injury.

As Erb's palsy injury attorneys in Broward County, Florida, we've worked with mothers and families who've found themselves and their infants in this predicament. The mother may notice early on after the baby is delivered that something is not right with the baby's arm -- that the baby's arm is not moving properly or freely. The physician and hospital staff may not inform the mother that something is wrong. This is why it's important to contact an experienced Fla. birth injury attorney if you suspect something is wrong with your newborn baby. The attorney can help you assess your situation and make sure your child gets the medical care and attention he or she deserves.

For more insights, please read Fort Lauderdale Birth Injury Attorney Debi Chalik's Q&A on what happens in a South Florida hospital when a birth injury leading to erb's palsy or paralysis occurs.

Related Florida Birth Injury Attorney Articles:

Neurological Injuries to Newborns -- Common Causes

Surgical Techniques to Repair Brachial Plexus Birth Injuries Studied

Source:

The Merck Manual Home Health Handbook -- Birth Injury

South Florida is known for its extensive system of man-made canals. Literally thousands of miles of canals stretch from Orlando, Florida, southward to Miami, Florida. Canals come in different types and sizes, and they serve many purposes in Fla., including drainage and flood control, agricultural canals, waterway navigation and ocean access, boating and recreation, and residential canals -- which boost home values in neighborhoods by virtue of houses being built adjacent to canals.

One downside to having so many canals in South Florida is car accidents sometimes occur where vehicles go off the road and crash into canals, and the driver and occupants drown before they can escape the sinking vehicle.

As a Palm Beach County auto accident injury lawyer knows from following Florida motor vehicle accident fatality reports, a car that plunges into water can sink rapidly, making it challenging for the car accident victims -- even if they're unharmed in the initial crash -- to escape.

Florida Car Accident Deaths Due To Cars Crashing into Canals

A tragic accident of this nature recently occurred in Palm Beach County, Florida. Last February, Ms. Deiula Francois, a mother with her two daughters in the car, was driving on State Road 80 near Belle Glade when her auto swerved out of control, plunging into the canal. Though one of the daughters called emergency 911 from the submerged vehicle -- it was too late to save them. All 3 occupants of the motor vehicle died in this fatal car accident in Palm Beach County. Another fatal car crash into a Florida canal occurred last March in Boca Raton, Florida; a West Boca man was killed when his car rolled into a canal.

According to news reports, the Florida Department of Transportation has sped up its schedule to install guardrails along the stretch of SR 80 near Belle Glade since this tragic car accident of the mother and two daughters who perished in their submerged car occurred. News reports state that at least 12 people have died in Florida motor vehicle crashes on State Road 7 near Belle Glade in the last several years.

Many articles have been written about how to increase chances of surviving a car crash that ends up with the vehicle sinking under water. Some safety advocates recommend carrying a hammer or other heavy tool in the glove box that can be used to punch out the windows and escape. See additional resources below on how to survive a water crash, including demonstration videos from the Florida Highway Patrol (which show escape techniques from a car floating and a car sinking rapidly).

Related Florida Accident Injury Attorney article:

Florida Family Missing From Fort Lauderdale Since '99 Found Dead in Van Submerged in Canal Off I-75 April 7, 2010

Sources:

Dangerous road to get guardrails
News Channel 5 WPTV.com July 11, 2011

Guardrails to be installed along canal on Boca Rio road in Boca Raton
South Florida Sun Sentinel March 16, 2011

Related Web Resources:

Surviving a Submerging Car
Florida Highway Patrol (videos)

Surviving an Auto Emergency
MSNBC.com

Plant Management in Florida Waters: Canals
University of Florida

The July 4 holiday weekend in Florida is one of the most dangerous and deadliest times on Sunshine State roads and highways. (See link to related Broward County accident injury attorney article below.) A tragic example of this comes from our neighboring counties to the north in Central Florida, where a driver now in police custody allegedly caused multiple Fla. car accidents that ended in the death of a sheriff's deputy.

According to news reports out of St. Petersburg and Land O'Lakes, Fla., Michael James Anthony, 35, of Silver Springs, Florida, was spotted driving the wrong way on U.S. 41 north of the Hernando County Courthouse. Anthony reportedly failed to stop for police lights and sirens -- setting off a high-speed chase that spanned four Central Florida counties: Hernando County, Pasco County, Hillsborough County, finally ending in Pinellas County where the suspect was apprehended.

The fatal Florida car crash occurred when Deputy John Mecklenburg lost control of his cruiser while in pursuit of the suspect and crashed. Another deputy received injuries in a separate traffic crash that occurred during the police pursuit of the suspect.

Florida Highway Patrol and the Hernando County Sheriff's Office are asking any witnesses to come forward. Police are seeking people who may have either seen the fatal Florida motor vehicle accident just after 4 a.m. on July 3 on U.S. 41 in Brooksville, Florida … and/or who observed the suspect's 1991 Honda sedan as he sped through Pasco, Hillsborough, and Pinellas counties in Florida. Deputies believe the suspect traveled south on U.S. 41 to Nebraska Ave., accessed I-275 and crossed the Howard Frankland Bridge into Pinellas County, Fla. The suspect, who is being held in Hernando County Jail, Florida, has been charged with first-degree murder, reckless driving, fleeing to elude police, and other charges.

In their efforts to protect the public and apprehend suspects, Florida police can suddenly find themselves in harm's way. Police are charged with controlling crime, apprehending criminals, protecting the public, and keeping bystanders out of harm's way. While technology innovations such as speed cameras have helped police apprehend reckless drivers (including drunk drivers in Florida), pursuing reckless drivers who refuse to stop for police sirens is a serious undertaking.

A report by The International Association of Chiefs of Police (IACP) states: "This balance of crime control with safety and liability is a recurrent theme not only in police pursuits but many other activities of which a democratic and modern police agency is engaged." (See link to report below.) Sadly, a Florida deputy has lost his life while in pursuit of a reckless driver this past July 4 holiday weekend in Florida.

Related Florida Accident Attorney Article:

Miami, Florida Accident Injury Lawyer Reminds Everyone to Be Safe This July 4 Holiday Weekend -- On the Road and in the Water June 30, 2011

Sources:

Deputies Need Your Help
Land O'Lakes Patch July 11, 2011

Hernando deputy dies after after high-speed chase and crash
ABC Action News July 3, 2011

Police Pursuits in an Age of Innovation and Reform (PDF)
The IACP Police Pursuit Database

As experienced personal injury attorneys headquartered in Plantation, Florida, we've handled many different types of accident injury and fatality cases over the years. Our job involves relieving families of some of the stress that goes along with an unfortunate, life-changing event, such as a serious auto accident where injury or death occurs. We know how stressful these accidents are on families, who are eager to recover (physically, emotionally, and financially) and get on with their lives.

Working with clients throughout Broward County, Florida and surrounding South Florida communities, we understand the confusion people face in the aftermath of an accident -- whether it's a car accident, a work-related accident, or when someone slips, trips and falls in a Fla. supermarket, hotel, or other commercial, public or privately owned location. The insurance company representing the property owner and/or other parties involved in the accident will seek information about you, the victim. This is why it's so important to contact an experienced Florida accident injury attorney right away before you speak to insurance companies and the other side's legal representatives.

It's also critical to be honest with your Fort Lauderdale personal injury lawyer. Rapport is a two-way street. While you are seeking an experienced Fla. injury attorney you can rely on and trust to handle your accident injury case, your attorney also needs to be able to put his or her trust in you, the client. Here's why:

Exaggerating or changing the details of your accident or injuries only hurts your case. The police, the other side's attorneys, and the insurance companies have access to information about your accident and/or your personal history, which can uncover any mistruths that a client might convey.

For example, say you are rear-ended in a Ft. Lauderdale auto accident and you suffer neck and back injury. Driving records are kept by the Department of Motor Vehicles in Florida, and your past driving record may be called into question. If you had received tickets or have been involved in other Florida traffic accidents -- even if they weren't your fault -- those incidents can be revealed. Even third-party companies who have access to information may collect and sell your information.

Your Broward County, Florida personal injury attorney doesn't want to uncover need-to-know details about your past in his or her own research, or by learning about matters from someone else in the course of litigation. From the moment your accident occurs (if you are safety able to do so), take photos and notes of what happened, how it happened, who was involved, weather, traffic, and other circumstances -- all the details surrounding the accident. Call the police and seek immediate medical attention if you need it. Be completely honest and upfront with your lawyer about your past history and your accident, so he or she can do the best job representing your personal accident injury case in South Florida.

Related Florida Personal Injury Attorney articles:

What Damages Mean to You in Your Florida Personal Injury Lawsuit

Keeping Clients Informed: What to Expect in an Initial Consultation with Your Florida Injury Lawyer

Related Florida Accident Injury Lawyer videos:

Attorney Debi Chalik Discusses Florida Car Accident and Other Types of Personal Injury Cases

Last fall, Alejandra White, 27, of Georgia, who was vacationing in Clearwater Beach, Florida with her boyfriend, was tragically killed during a tandem parasail ride. The parasail accident reportedly occurred when when the tow line tethering the couple to the boat broke and White's parachute drifted toward the beach, dragging her along until she finally crashed into a volleyball net post. White's fiance survived the parasailing accident after he crashed into the ocean. (See links to related Florida Accident Injury Attorney articles on the Clearwater Beach, Fla. parasail accident death, below.)

Now a Florida parasail accident has claimed the life of another visitor to the Sunshine State -- this time, a young man who came to enjoy the sun and the beaches, and sadly, was killed when something went wrong and he fell into the ocean below.

According to media reports, the parasail accident occurred on Monday, June 27, 2011 in Central Florida. South Carolina man David Sieradzki, age 31, was reportedly about 800 feet in the air when he fell into the ocean. The Coast Guard and the Florida Fish and Wildlife Conservation Commission are investigating the details surrounding this fatal parasailing accident. The victim and his wife were reportedly visiting Longboat Key, Florida, which straddles Manatee County and Sarasota County, Fla. The parasail operators were reported as Fun N Sun Parasail on Bradenton Beach, Florida.

A Fort Myers, Florida parasailing accident injury lawyer represents clients who've been injured or lost loved ones in Fla. parasail accidents. Experienced South Florida parasail accident attorneys follow the parasailing industry closely. For years, safety advocates in Florida and elsewhere have raised their voices, demanding that the US parasailing industry be held to more rigorous regulations to make the rides safer and prevent consumers from being injured or killed in parasailing accidents.

Alejandra White's parasailing accident death in Clearwater Beach, Fla. last fall increased the outcry for safety regulations for the parasailing industry. State Rep. Jim Frishe (R-Bellair Bluffs, Fla.) proposed the Alejandra White Act including HB 451 and a companion bill, SB 392. To date, those parasail safety regulations have not passed. Rep. Frishe told a Tampa, Fla. news source that he will try again in 2012 to pass safety regulations for the parasail industry.

Related Florida Accident Injury Attorney articles:

Florida Parasailing Bill Aims to Prevent Deadly Parasail Accidents Jan. 15, 2011

Victim of Clearwater Florida Parasail Accident Dies from Her Injuries Sept. 13, 2010

Sources:

Tourist dies while parasailing off Longboat Key
WTSP.com 10 News June 30, 2011

Greenville man killed in FL parasailing accident
Fox News Carolina June 29, 2011

Parasailing accident invokes de-regulation debate
WTSP.com 10 News June 28, 2011

Related Web Resource:

Parasail Safety Council: A nonprofit organization that follows the parasail industry and safety legislation

Continue reading " Florida Parasailing Accident Claims Life of South Carolina Tourist -- The Second Fla. Parasail Death in Less Than a Year " »