Florida Accident Attorney Blog

With Thanksgiving, Black Friday, and Cyber Monday past us -- and the December holidays coming up fast -- Florida parents will be scrambling to get all their holiday gifts purchased and wrapped for their children. Every holiday season brings product liability related warnings about toys that could pose potential safety and health hazards to children. Consumer advocacy groups have come out with their annual lists of potentially dangerous toys to avoid.

As Broward County, Florida child birth injury attorneys -- and parents ourselves -- we know how precious these little ones are to their families. Here's a brief rundown of a few toys and related hazards that made consumer watch lists, due to their potential danger to children's safety.

The U.S. Public Interest Group (USPIRG) published its annual Trouble in Toyland report (see links below). The product liability problem areas the group discovered in toys on store shelves included toys and products that…

• contain toxins (which can be found in some plastics) that may be hazardous to children's health


• emit loud sounds that may be harmful to growing children's sensitive ears


• have small and/or removable parts (such as magnets and "button" batteries) that pose potential choking hazards

The PIRG reports that for 2010, more than 250,000 kids required emergency room treatment for toy-related injuries, many of which the group says could have been avoided. Choking is the number-one cause of toy related accidental child death, the group reports. Strangulation is also a serious and life-threatening hazard (e.g., by toys that have cords or lines including baby mobiles, as well as clothing with drawstrings). The group offers toy research and buying tips for parents, including a mobile phone app that they may use to get info while shopping. (See links below.)

The U.S. Consumer Product Safety Administration (CPSA) offers information on product warnings and recalls across a range of child safety related categories, including toys, car seats, cribs, helmets, as well as swimming pools and clothing. (See link below).

In addition, the South Florida Sun Sentinel reported that Boston-based World Against Toys Causing Harm (WATCH) issued its own list of potentially dangerous toys. Items that made that list include a Godzilla figure with dagger-like attachments and a Power Rangers toy Samurai sword, as well as a fold-up trampoline, a toy bow and arrow set, and a pull-toy duck with a long cord.

The Sun Sentinel reported that a toy manufacturers association spokesperson stated that toys are saver than ever before. If your child is injured while using a toy, it's best to consult an experienced Fort Lauderdale, Florida child accident injury lawyer to help determine possible liability and whether you may have a case or claim. See the links below to lists of possibly dangerous toys and well as resources for how to research and make wise toy purchases.

Sources:

Survey Finds Toxic or Dangerous Toys on Store Shelves
US PIRG Press Release Nov. 22

26th Annual Trouble in Toyland Report

USPIRG Toy Safety 2011 mobile app

U.S. consumer group flags 10 most dangerous toys
South Florida Sun Sentinel Nov. 17, 2011

2011 "10 Worst Toys" List
WATCH World Against Toys Causing Harm

U.S. Consumer Product Safety Commission home page

A Palm Beach County, Florida car accident made the national news this past Thanksgiving holiday week.

According to media reports, a woman working the Black Friday post-holiday sales at a Target store went off the road while driving home after an overnight shift, crashing into a Florida canal. The media reported that the woman, age 36, may have fallen asleep at the wheel of her silver Pontiac, losing control of her vehicle, which went into the canal. The Palm Beach area car crash reportedly occurred shortly after 7:30 a.m. on Saturday morning.

News reports stated the woman was able to place a 911 emergency call to police. A nearby Palm Beach County Sheriff's Office deputy was able to get to the scene and rescue the woman from her sinking vehicle.

Palm Beach County, FL car accident lawyers are well aware of the hazards of drowsy driving -- as well as the challenges of navigating Florida roadways where canals run right alongside. This particular motor vehicle crash into a Florida canal occurred in Pahokee -- a small city on Lake Okeechobee in Palm Beach County, Florida.

This was not the first victim of a Florida canal car crash that the responding deputy had rescued. The Palm Beach Post reported that Palm Beach County sheriff's deputy Frank Mayo, who pulled the woman from the sinking car, had in fact rescued other accident victims in 1992. At that time, The Post reports, he was able to rescue three of four women whose car had flipped over a guardrail and into a canal off Florida US 441. The Deputy told the press that he had been involved in rescuing additional car crash victims at risk of drowning in Florida canals in the past.

South Florida's vast system of canals snakes through the region, along back roads and highways, including off the Florida Turnpike. Originally built for flood control, they're prevalent in South Fla. counties, including Broward, Miami-Dade and Palm Beach counties. Their construction ranges from bridged canals to submerged culverts.

These canals have been the subject of discussion among Florida traffic safety advocates for some time, given so many car crashes in Florida occur each year when motorists go off the road and land in the canals. Sadly, Florida drivers and passengers drown in these canal car crashes, as the cars sink quickly before they can escape or help can arrive and rescue them. The accident victim in this Palm Beach County car accident was fortunate that she was able to call 911 and a Florida deputy was nearby. Additional police arrived on the scene to assist the responding deputy with the rescue. See links below to news stories including videos.

Related Florida Accident Attorney articles:

Guardrails Could Prevent Florida Car Crashes into Canals and Drowning Deaths (July 2011)

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

Sources:

Black Friday Worker Rescued From Canal After Losing Control Of Car Due To Exhaustion
Huffington Post Business Nov. 26, 2011

PBSO deputy saves 'Black Friday' Target employee who drove into Pahokee canal
The Palm Beach Post Nov. 25, 2011

Related Web Resource:

South Florida Water Management District

Maybe Florida drivers have become accustomed to paying more at the gas pumps. Or maybe people just want to make it home for the Thanksgiving holiday. Whatever the reason, AAA expects a 3 to 4 percent overall travel increase this Thanksgiving, in Florida and across the U.S. So if you plan to drive on Sunshine State highways and secondary roadways this Thanksgiving -- expect some company on the road with you. Including Florida Highway Patrol.

As experienced West Palm Beach car accident injury attorneys will tell you: Increased Florida holiday traffic can lead to an increase in traffic accidents. No one wants to read the news after the holiday weekend that anyone was seriously injured or lost their life while traveling on Florida roadways.

Unfortunately, a higher traffic volume on the region's highways, combined with speeding, drowsy driving, distracted driving, driving under the influence of alcohol (Florida DUI), and other dangerous driving behaviors -- can be a recipe for disaster. That's why Florida Highway Patrol will be on the scene to apprehend and ticket traffic offenders. This Thanksgiving, the FHP will be visible on higher volume Florida roadways. According to the St. Petersburg Times, troopers meant business when they patrolled Florida's roadways last Thanksgiving holiday week -- investigating 12,770 violations over a five-day period.

Florida travelers who hope to avoid the scenes of traffic crashes (which can lead to miles and hours of congestion -- especially during heavy Thanksgiving travel) are encouraged to use the Florida Department of Transportation's 511 system. According to an FDOT spokesperson, the system gets updates of motor vehicle accidents on Florida interstates.

Motorists who dial in to the FDOT 511 system get updated information about existing Florida auto accidents -- so they can avoid those routes (and the possibility of becoming involved in secondary accidents near the original crash sites). A new website app offered by the FDOT (see link to website below) uses iPhone GPS to provide motorists with updated information relevant to their locations. In addition, the 511 app allows users to view traffic cams from compatible hand-held devices.

Florida DOT offers common sense advice to get through the Thanksgiving holiday safely and avoid motor vehicle crashes: Call 511 ahead of time to get information about best route planning. Wear seat belts. Don't drink alcohol and drive. In addition, you might want to take advantage of the Florida Turnpike free coffee program, if you need a driving pick-me-up. And always drive defensively -- in Fla. or wherever you travel. Happy Thanksgiving!

Related Florida Accident Injury Attorney article:

Speed Kills on Florida Highways -- But Slow Driving in Left Lane Also a Safety Hazard, Lawmakers Say (Oct. 5, 2011)

Sources:

Florida Highway Patrol will increase traffic enforcement for Thanksgiving holiday
St. Petersburg Times Nov. 22, 2011

Avoid Thanksgiving Traffic with FDOT's 511 System
WCTV.tv Nov. 22, 2011

Florida's Turnpike serves up free coffee
Associated Press via Ocala.com Nov. 21, 2011

Related Web Resources:

Florida's 511 Traveler Information System

Florida Highway Patrol

Florida medical negligence and medical malpractice attorneys often reference the landmark report To Err Is Human by the Institute of Medicine. That report and others released in the late 1990s brought attention to preventable medical errors that occurred in our nation's hospitals, clinics, and other healthcare facilities.

A few years after To Err Is Human was published, the journal Pediatrics published a study looking at infant and child patient safety in U.S. hospitals. The study, published in 2004, found that...

"…patient safety events for hospitalized children in 2000 occurred in high numbers and that these events have significant associations with increased LOS [length of stay], total charges, and risk of in-hospital mortality even after adjusting for patient severity of illness."

As experienced Fort Lauderdale FL child birth injury lawyers, we are aware of the risks of certain types of childbirth delivery situations. For example, some mothers are at greater risk for difficult delivery (e.g., those who are obese, have diabetes, are carrying large babies, and/or who have had difficult childbirth experiences in the past, including the need for Cesarean section birth). If the pediatrician, nurses, and other medical staff fail to apply the proper delivery techniques and care during childbirth, and/or if "excessive force" is used during delivery -- the baby can be born with serious birth injuries, including Erb's Palsy paralysis.

The Pediatrics study found that very young patients and those whose families rely on Medicaid insurance were vulnerable in regards to patient safety in hospitals. Birth trauma were among the events examined in the study, including vaginal birth with and without the aid of instrumentation (see our resources below for more discussion on birthing techniques and "difficult delivery"). The study also found that birth trauma…

…was less likely to occur at medical teaching institutions, as compared to institutions that did not employ residents (or institutions with less than the median number of residents per bed as compared to the national average), and

… was more likely to occur at medical facilities with lower nursing expertise compared to those with nurses who had greater expertise.

The study concluded that, "Patient safety problems for hospitalized children occur frequently and with substantial impacts to our health care industry." (See link to full study webpage, below.)

Having assisted mothers and families where babies were injured during childbirth in Florida, we are aware of the importance of proper medical techniques and practices to safely bring a child into the world. To learn more about child birth injuries in hospitals and clinics in the state of Florida, please visit our resource pages below.

Q&A with Fort Lauderdale, Florida Childbirth Injury Attorney Debi Chalik
Learn how shoulder dystocia injuries to infants can occur in Florida hospital delivery rooms, and how conditions such as Erb's palsy and brachial plexus palsy may result. Attorney Debi Chalik provides guidance on what to do if you think your baby was injured due to medical error in the state of Florida.

Fort Lauderdale and Miami, Florida Pediatric Injury Lawsuit Resources
Please visit our Birth Injuries webpage to learn about common types of birthing injuries, including those that may lead to Erb's palsy and brachial plexus paralysis problems. We also discuss elements of Florida state law that impact when an injured client may file a medical malpractice lawsuit in Florida.

Sources:

Pediatric Patient Safety in Hospitals: A National Picture in 2000
Pediatrics Vol. 113 No. 6 June 1, 2004, pp. 1741 -1746

To Err Is Human: Building a Safer Health Systems (PDF)
Institute of Medicine, Nov. 1999

As any experienced Fort Lauderdale, Fla. car crash injury lawyer knows from work assisting clients -- serious and fatal traffic accidents can and do happen anywhere. From busy Florida interstates such as I-95, to state roads and Turnpikes, to city streets crowded with pedestrians, to back roads and roads along our waterways, canals, and beaches. Accidents happen on Florida bridges and drawbridges, too. Our terrain is varied and a challenge to drive, including for tourists.

However when public safety experts look at Florida motor vehicle accident fatality data -- some particularly hazardous traffic circumstances emerge that prove to be more deadly than others. Any guesses what those might be?

Given the speed at which people drive on Broward County, Fla. area highways, one might think the passing lane of Interstate 95 is the most dangerous. Or given the way large commercial trucks dominate Florida highways, perhaps being near one of those could be risky for motorists in automobiles. And what about driving congested Fort Lauderdale or Miami city streets -- that seems dangerous with so many pedestrians and cars clamoring for the same space.

If you guessed any of the above as the number-one spot to get in a serious Fla. car accident, you'd be wrong. Yes, those are potentially hazardous driving locations and situations, but not the most risky for traffic accidents in Florida. According to the National Highway Traffic Safety Administration (NHTSA) Traffic Safety Facts Florida report…

Of the 2,558 fatalities in Florida motor vehicle crashes in 2009 -- the crash type category with the most accidents was "involving a roadway departure." That year, 1,120 people lost their lives in Florida traffic crashes where at least one vehicle left their travelling lane and crashed.

It might also come as a surprise that of the 2,558 traffic deaths in Fla. in 2009 -- 1,546 were single vehicle crashes -- not multi-vehicle crashes. So while yes, it sometimes feels risky sharing South Florida highways and city streets with so many other hurried drivers, it's the back roads that are in fact the most hazardous.

The Federal Highway Administration (FHWA) reports that more than HALF of all deadly traffic accidents in the U.S. occur on rural back roads. This is disproportionate to the number of back roads in the U.S., which amount to 40% of all roadways. A key factor in the roadway departure problem is curved roads. According to the FHWA,

About three-quarters of curve related fatal crashes involve a single vehicle leaving the roadway and striking trees, utility poles, rocks or other fixed objects, or overturning. Eleven percent are head-on crashes, which are the result of a vehicle entering the opposing lane.

So while some drivers in South Florida may feel relieved when they get off a busy, fast traveling interstate or turnpike -- remember to continue driving cautiously. Back roads are in fact the most hazardous to drive on. Please keep that in mind as you travel in Fla. this Thanksgiving.

Note: For those who guessed South Florida city streets to be dangerous for motorists and pedestrians -- you are right about that. Next to roadway departures, the second most frequent place where a fatal traffic accident in Fla. may occur is at an intersection (or intersection related). In 2009, some 758 people died in motor vehicle crashes at Florida intersections.

Related Florida Injury Attorney article:

Driving Large and Small in South Florida : SUVs Safer, But Compact Cars Risky in Collisions (Oct. 27, 2011)

Sources:

NHTSA Traffic Safety Facts Florida 2005-2009

Roadway Departure Safety: A Manual for Local Rural Road Owners (PDF)
FHWA Nov. 2009

It may come as no surprise to those of us who live, work, and vacation in the Sunshine State -- Florida ranked fourth worst in the nation when it comes to dangerous drivers and auto accident rates. This despite Fla. drivers receiving the most traffic tickets out of all drivers in the country.

The website that released the study stated that it arrived at its rankings by analyzing data from Mothers Against Drunk Drivers (MADD), the National Highway Traffic Safety Administration (NHTSA), and the American Motorists Association. The company, which compares auto insurance rates, reportedly looked at state data from MADD for alcohol related traffic accidents (drunk driving crashes), NHTSA for traffic fatalities, and the Motorists Association for numbers of traffic tickets handed out to motorists.

The study reported the following U.S. states as the 10 most dangerous to drive in, with our neighbors in Louisiana having the dubious distinction of worst driving in America:

1. Louisiana
2. Missouri
3. Texas
4. Florida
5. Oklahoma
6. Arizona
7. Kentucky
8. Montana
9. Alabama
10. South Carolina

The report's rationale for ranking Florida motorists among the nation's most dangerous drivers was as follows:

Florida has at least one thing to be proud of: it’s in the top ten for drunken driving, at number 7. Unfortunately, it sits at the very bottom for tickets, and one away from the bottom slot for carelessness. All that puts it squarely in the bottom four, and makes Florida car insurance in the running for the highest state insurance! (Source: CarInsuranceComparison.com)

As experienced Miami car accident injury attorneys, we know first-hand the hazards of driving in Florida. Our highways, including I-95, are fast, crowded, and often under construction. Encountering drunk drivers on Fla. roadways is always a concern. Driving on congested city streets, including in Miami, Fort Lauderdale, Fort Myers, and other South Fla. cities -- is always challenging. Tourists and others are at risk for getting struck in pedestrian traffic accidents when crossing busy city streets, particularly at night when the clubs and restaurants are in full swing. Beach driving in Florida (where it's legal) is hazardous, particularly for families with children who are unaccustomed to sharing the beach with motor vehicles driving down the hard-packed sands.

As the report also states, Florida's driving hazards also make us one of the more expensive states for auto insurance. When car accidents with injury occur, it's important to retain an experienced Miami, Fla. car crash injury lawyer, who knows the ins and outs of the auto insurance industry and what is required to make a claim against another party. Other findings from the insurance report…

> Traffic tickets don't seem to deter bad drivers enough to make a dent in accident fatality statistics. (Note: Florida drivers are slapped with the most traffic tickets of anyone, as mentioned earlier.)

> Once you get outside of urban areas (i.e., onto secondary and back roads), driving becomes more dangerous very quickly. This may be due to the fact that urban dwellers use more public transportation.

> Your chances of being in a fatal car crash increase the farther south you drive.

Wherever you drive in Florida, drive defensively.

Related Florida Accident Injury Attorney article:

Fort Lauderdale and Miami Florida Among Worst Cities for Pedestrian Traffic Accident Risks (May 25, 2011)

Sources:

Which States Have the Worst Drivers?
CarInsuranceComparison.com

Florida drivers ranked fourth-worst in nation, according to car insurance company report
The Miami Herald Nov. 4, 2011

Related Web Resources:

Mothers Against Drunk Drivers (MADD)

National Motorists Association

The National Highway Traffic Safety Administration (NHTSA) published a safety recall for November for certain models of Harley-Davidson motorcycles. The recall involves 2009-2012 Touring, CVO Touring, and Trike vehicles manufactured from June 2008 through September 2011. The problem involves the rear brake light.

According to a NHTSA recall document (see link to PDF download below), the exhaust system of the Harley bikes affected may overheat the rear brake light switch. Excessive heat could potentially cause the rear brake light lamp switch to fail and/or a brake fluid leak at the switch, which could interfere with rear brake performance.

Obviously a motorcycle rider cruising down Florida I-95 or another highway, or on a Fort Myers, Fort Lauderdale, Miami or other South Florida city street -- needs to have brakes and break lights that are functioning in top condition. If a brake light were to fail, car and truck drivers behind the motorcyclist might not realize the biker was slowing down. That could lead to a rear-end motorcycle accident that could be quite serious.

Florida is world famous as a favorite destination for motorcycle enthusiasts and motorcycle events. The roar of the bikes thundering down Florida roadways is unmistakable, and is a source of excitement for tourists who flock to our cities to witness the motorcycle events. As Sunrise, FL car accident injury lawyers know, motorcycle operators and passengers are at risk of serious and fatal injuries when involved in a Florida traffic accident. Statistics of note:

> In 2009, there were 402 motorcycle accident related fatalities in the state of Fla.

> This is an improvement over the 556 motorcycle accident deaths that occurred in Florida in 2008. (Though an experienced Broward County accident injury lawyer will tell you, any death on our Florida roadways is one too many. This includes motorcycle crash deaths, pedestrian traffic accident fatalities, as well as automobile accident fatalities.)

> More than half a million motorcycles are registered in the state of Florida.

(Sources: Florida Traffic Safety Facts Oct. 2010: Motorcycles; NHTSA Traffic Safety Facts Florida 2004-2008)

Reuters reported that more than 300,000 Harley-Davidson motorcycles were being recalled for the rear brake light issue (about 50K of those vehicles are located outside the U.S., the report stated). Harley-Davidson will notify owners of the affected vehicles and dealers will install a rear brake light switch kit, free of charge. The safety recall is expected to begin this month. Owners may contact Harley-Davidson directly (see link below).

Related Florida Accident Injury Attorney articles:

Florida Motorcycle Product Safety Recall Alert : Victory Motorcycles Recalled Due to Passenger Injury Hazard (Sept. 2011)

New Florida Motorcycle Traffic Accident Fatality Statistics Show Crash Death Rates Declining, But It's Still a Dangerous State for Bikers (Aug. 2011)

Sources:

SAFETY DEFECT/NONCOMPLIANCE NOTICES RECEIVED DURING OCTOBER 2011 (PDF)
National Highway Traffic Safety Administration (NHTSA) Nov. 1, 2011

Harley-Davidson to recall over 300,000 motorcycles
Reuters via Yahoo! News Oct. 24, 2011

Related Web Content:

Harley-Davidson USA:

Contact Us and Service Recalls for H-D Owners webpages

Florida Traffic Safety Facts : Motorcycles (PDF)
Florida Department of Highway Safety and Motor Vehicles Oct. 2010

Florida Biker Network

Daytona Beach Bike Week

The AAA Foundation released a report on the toll fatal motor vehicle crashes take on the U.S. economy, in addition to the loss of life. The dollar averages might be quite startling to those who aren't familiar with auto accident expenses, particularly when injury or death occurs.

AAA reports that the average cost per fatal auto accident is an astonishing $6 million. The auto travel organization arrived at that figure by calculating the expenses of emergency services, medical bills, lost wages, property damage, and other costs that a fatal automobile crash brings with it. The average cost of a car accident with injury only is $126,000.

AAA also analyzed the cost per person in a community for fatal auto crashes vs. traffic congestion. Smaller-sized communities, such as Fort Myers, Florida, incur the steepest expenses. AAA estimates that the average cost when a fatal car crash occurs in a small city (under 500,000) -- spread out over the population -- is a staggering $1,778 per person. That's nearly six times the cost per person as compared to the financial drain caused by automotive congestion on the roadways; that cost is estimated to be $297 per person in a small community (based on gas expenditures, work delays, and other factors). In a large metro area, such as Miami, Florida, the cost per person within that population for car crashes is estimated at $1,585, compared to the traffic congestion cost of $487 per person--with crashes costing the public three times as much as the cost of traffic congestion.

An experienced Fort Myers car accident injury lawyer knows about the financial costs -- and the human toll -- of any fatal auto crash that occurs in Florida. Families are emotionally devastated when a loved one is killed on a Fla. road, city street, or highway. The financial burden compounds the family's pain, when a loved one is gone and no longer there to provide income for his or her family. In addition, medical bills can pile up and skyrocket if the victim initially survives a serious car crash, but later passes away. There are also unexpected funeral expenses.

Ft. Myers FL injury attorneys assist families in these painful and difficult fatal auto crash cases. An experienced lawyer may help grieving families recover compensation and damages depending on the circumstances and which party or parties may be held responsible and/or liable in the Florida car crash claim or case.

The AAA report drives home the financial costs associated with these unfortunate fatal traffic accident cases. CBS News quoted a statistic from the report, revealing a total cost of car crashes in the U.S. to be an astounding $300 billion per year. That is the financial toll. In addition, the media outlet reported that every hour, four lives are lost on U.S. roadways -- amounting to nearly 33,000 deaths due to motor vehicle crashes per year. That is the human toll. AAA recommends traffic accidents be put to the fore of public safety discussions as a serious public health risk that exacts an unacceptable cost. The numbers tell a frightening story.

Related Florida Injury Attorney Videos:

Fort Myers, Florida accident injury lawyer videos : What to do if you're injured in a traffic crash

Sources:

AAA: Fatal motor vehicle crash costs $6 million
USAToday.com Nov. 2, 2011

Car crashes cost U.S. $300B a year: AAA
CBSNews.com Nov. 3, 2011