Florida Accident Attorney Blog

This spring, high schools across the state of Florida will graduate another crop of seniors -- teenagers with their whole lives in front of them. Parents who have the means may be thinking about a big graduation present for their graduating son or daughter: namely -- a car, truck or SUV of their own. Or maybe they'd like to purchase a motorcycle for that teen with a spirit to ride. However a new report cautions parents that a high-performance vehicle is not the best gift idea for an inexperienced youth driver.

One of the number-one killers of teens and young adults in Florida and around the U.S. is auto accidents. Research has shown that teen drivers lack the experience, maturity, and know-how to make the same good driving decisions on Fla. roads, city streets, and highways as compared to adult drivers. Now a new insurance industry report states that teenagers' risks for serious and fatal vehicle crashes increases when teens are driving high-performance vehicles, including sports cars and motorcycles.

The Insurance Institute for Highway Safety (IIHS) reports that while "teenagers are more likely than drivers their parents' age to crash…," new analysis shows that their risk for traffic accidents increases when they drive certain types of motor vehicles. These include…

> Midsize sports cars, which had the third highest ratio of teen to prime-age driver claim rates -- teens experience accidents in these types of sports cars at 2.5 times the rate compared to adult drivers.

> Supersport motorcycles, capable of accelerating and traveling at high speeds. Motorcycle accident insurance claims for teenage operators are filed at a rate more than 4 times that of adult operators ages 35 to 60 years old.

IIHS analysts believe that teens experience more crashes when driving these types of cars and motorcycles because of the vehicles' ability to travel so fast -- and the temptation for young, novice drivers to "show off" in front of friends. Sadly, these lapses in judgment can lead to serious injury and death for teen drivers, their passengers, other motorists, and pedestrians.

Though not always classified as "high-performance vehicles," minicars and small cars also turn up more frequently on insurance claims for teen drivers. The report analysts theorize that because these vehicles are nimble and capable of making tight turns and maneuvers, that teen drivers may more easily lose control of them. Again, lack of experience on Florida roadways is risky for teens in these types of vehicles.

It may come as somewhat of a surprise -- and a comfort -- to Florida parents and motorists to learn that SUVs and other big vehicles aren't more of a risk for teen drivers, or anyone else. Thanks to improvements in SUV design and engineering, these types of motor vehicles have become safer to drive in recent years, for teens and adults. And if they are in a crash, these vehicles offer more protection for the driver and passengers.

Fort Lauderdale traffic accident injury lawyers know that life can turn on a dime on busy Florida city streets and highways. Teen drivers are at increased risk for getting in serious or deadly traffic accidents. Bottom line is if you're considering a car or motorcycle as a gift for your graduating Florida teen -- think hard about it. More parents would agree, safety is far more important than impressing one's teenager and his or her friends.

Related Florida Accident 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)

Source:

"Teens' Crash Risk Rises When They Drive Models Built for Performance"
IIHS Status Report, Vol. 46, No. 10, p. 4, Nov. 17, 2011 (PDF)

Authorities continue to investigate possible causes surrounding a deadly Florida highway pileup traffic accident that claimed the lives of at least 10 people and sent some 18 others to area hospitals with injuries. The multi-vehicle accident occurred in the southbound lanes of Florida Interstate 75 in Gainesville this past weekend.

Witnesses and survivors told the media the pileup crash looked like "the end of the world," as several passenger vehicles collided with large commercial trucks and possibly one motor home. Some cars became trapped beneath the jackknifed larger vehicles and many burst into flames. Reporters allowed to tour the accident site reported bodies still inside charred and smoking wreckage.

Accident witnesses suggested that fog and/or smoke from a fire in the Gainesville, Fla. area dropped highway visibility for drivers, possibly setting off this deadly chain reaction highway accident. Authorities are investigating whether a nearby fire may have in fact been set. Florida Highway Patrol told the media that at least a dozen cars and several large commercial trucks were involved in this horrific accident.

Palm Beach County car accident injury attorneys who work with grieving families and injured motorists are all too aware how traffic on Florida highways can turn deadly in an instant.

Florida highway pile-up accidents, also known as chain reaction traffic accidents or multi-vehicle crashes, are deadly occurrences, which often claim multiple lives. Vehicles traveling on highways who suddenly come upon stopped or crashed cars and trucks -- may themselves become part of the pile-up crash, if they're unable to brake or avoid the pileup accident in time.

Multi-vehicle highway crashes are difficult for emergency personnel including police, fire, and EMS ambulances to respond to. The volume of crashed vehicles makes it more challenging for emergency personnel to get to and assist the victims. Emergency responders reported that the heavy smoke on I-75 at the time of the pileup crash made it difficult to locate victims. Hospitals in the Gainesville, Florida area reported being inundated with injured accident victims.

Other causes of highway pileup accidents may include weather, construction, or obstacles in the highway. Distracted driving may also lead to multi-vehicle crashes -- including when drivers in the opposite or other lanes slow down to gawk at highway accidents (aka "rubbernecking"). Speed may also be a factor in situations where drivers are tailgating or following other vehicles too closely, and someone suddenly brakes or stops on the roadway.

Florida authorities told the media that they are looking into whether a fire in the area may have been deliberately set. No doubt this tragic story will continue to unfold in the days to come, as authorities and investigators continue to gather more information as to the cause of this deadly highway accident.

Sources:

Cause sought for deadly Fla. highway pileup
WSVN-TV.com Jan. 30, 2012

Florida highway pileup kills at least 10 people
Palm Beach Post News Jan. 30, 2012

Related Web Resource:

Wikipedia: Multi-Vehicle Collision (list of other pileup crashes in the U.S.)

When's the last time you drove down a Miami, Florida city street, only to be cut off, tail gated, or otherwise subjected to dangerous driving behaviors by your fellow motorists? What about driving on Florida I-95... When was the last time you witnessed aggressive driving such as rapid lane changing, tailgating, or speeding? How did you react to those incidents?

If they're being truthful, most South Florida drivers would admit to at least occasionally being at one end or the other of some form of road rage. Road rage involves an angry driver overreacting to a traffic situation by honking, yelling, swearing, making rude hand gestures, waving arms, speeding up or slowing down -- and other driving behaviors that can lead to serious Miami-Dade County traffic crashes.

As experienced Miami, Fla. car accident injury lawyers, we know that road rage can turn a minor traffic incident into a serious, even deadly motor vehicle crash. The AutoVantage Road Rage Survey in 2009 revealed the most common driving behaviors that set off road rage were talking on the cell phone, changing lanes without signaling, and tailgating. In fact, the same study ranked Miami, Florida 7th among the top 10 cities in the country with the worst road rage displayed on its streets and highways.

Miami had been no. 1 on the Road Rage Survey list for several years prior, being knocked off the top spot in 2009 by angry drivers in New York City. However Miami held onto its number-one rudeness ranking as the city most likely to report seeing other motorists cutting into other lanes with little or no warning, and engaging in distracted driving behaviors such as talking or texting on cell phones, tending to personal grooming, or reading while driving. Not to be outdone by NYC, Miami motorists are most likely to curse at another driver in reaction to road rage.

Stressed out South Florida drivers engaging in these dangerous behaviors may find themselves in a car crash or other serious traffic incident, if things get out of hand.

Now a new study indicates that road rage may be more than just an overreaction to rude or risky driving behavior. According to a report on National Public Radio, drivers who display road rage may have deeper seated emotional issues. If those individuals lose their tempers while behind the wheel, they fail to put on their emotional brakes, the report stated. This is when aggressive driving related motor vehicle crashes can and do happen.

We've all heard tragic stories on the news where a minor traffic incident escalated into something far more deadly -- where parties either ran each other off the road or stopped and settled the disagreement with fists or weapons. Driving in Miami-Dade County is challenging enough as it is. Let's all try to remain calm, keep eyes on the road, drive defensively, and avoid serious motor vehicle accidents. More on road rage and dangerous driving behaviors in Miami, Florida below.

Related Florida Accident Attorney article:
Florida Ranks Fourth for Worst Drivers in the Nation, Insurance Study Reports
(Nov. 10, 2011)

Sources:

AutoVantage Road Rage Survey Reveals Best, Worst Cities

U.S. Cities with the Worst Road Rage : Miami, FL
CNBC.com 2009

Affinion Road Rage Survey 2009 : Miami

Road Rage: A Symptom Of Much More Than Bad Traffic?
NPR.org Dec. 12, 2011

As experienced Miami, Florida birth injury attorneys, we know the range of things that can go wrong in those critical moments when a baby is delivered into the world. Obstetricians, physicians, nurses, and other medical personnel all have an important role to play to ensure that a newborn arrives safely and without injury. Now a study released last year reveals the most common types of medical malpractice errors that occur in obstetrical care in the U.S.

The report, conducted by CRICO Strategies of Cambridge, Mass., found that the most common reasons for childbirth injury related medical malpractice lawsuits are as follows:

(1) Errors in clinical judgment
(2) Miscommunication between doctors
(3) Technical errors

The study looked at some 120,000 clinically coded medical malpractice claims from 2005 through 2009. Errors in clinical judgment were found in more than three-quarters of cases examined (77 percent), followed by miscommunications (36 percent), technical errors (26 percent), inadequate documentation (26 percent), administrative failures (23 percent), and ineffective supervision (15 percent). In addition, the study found that the top three most common OB risks or allegations were delay in treatment of fetal distress, improper performance of vaginal delivery, and improper management of pregnancy.

A shoulder dystocia is one type of child birth delivery complication that if not properly handled, can lead to injury and conditions affecting the child's movement and coordination. Shoulder dystocia occurs during vaginal delivery when the infant's shoulder becomes "stuck" inside the mother, causing difficulties. These types of birth complications are more common in large babies, mothers who have problems with diabetes and/or obesity, and moms who have had difficult vaginal births and/or large babies in the past.

Conditions resulting from shoulder dystocia injury during childbirth may include Erb's Palsy and Brachial Plexus Palsy in the child. The mother may also experience injuries during child birth if a shoulder dystocia is handled improperly and with excessive force by medical practitioners.

The report came to a conclusion that a Miami birth injuries lawyer experienced in these types of cases would agree with: "… OB malpractice issues are rarely the result of a single act or omission by a single clinician."

Related Florida Injury Attorney resources:

Q&A with Florida Erb's Palsy Injury Lawyer Debi Chalik

Birth Trauma and Child Injury : Study on Young Patients' Safety in Hospitals Identifies Risk Factors (Nov. 18, 2011)

Shoulder Dystocia and Brachial Plexus Birth Injuries Can Be Reduced by Following Medical Protocol, Report for Physicians Says (March 12, 2011)

Sources:

CRICO Strategies' Report on Malpractice Errors in Obstetrical Care Provides Roadmap for Enhanced Patient Safety
Marketwire via Yahoo! Finance June 2011

CRICO Strategies Annual Benchmarking Report: Malpractice Risks in Obstetrics

Related Web Resource:

American Congress of Obstetricians and Gynecologists

Continue reading " Top Reasons for Medical Malpractice Lawsuits Against OB-GYN Practitioners " »

A trip to a Florida hair and nail salon is supposed to be an enjoyable experience. Consumers expect to emerge from a Fla. beauty shop looking better than when they went in. However, as experienced Miami, Florida product liability lawyers know from their work with clients, things can sometimes go horribly wrong.

For example, last fall, a woman from Southwest Ranches, Fla. filed an injury lawsuit against a Florida beauty salon after she claimed a hair dye procedure left her with a burnt bald spot on her head. According to news reports, the woman has a permanent bald patch on her head due to her injury sustained at the beauty shop. (Source: Salon sued after woman burned during procedure, WSVN-TV, Oct. 7, 2011)

While consumers may not always be aware of these kinds of incidents at hair, nail, and beauty salons, a Miami, Florida personal injury attorney knows of the potential dangers of the chemicals used in hair dye, highlights, perms, and straightening treatments. Body waxing and eyebrow waxing, as well as hand and foot soaks used in manicure and pedicure shops, can also pose risk for infection and other health and safety hazards.

Now the U.S. Occupational Safety & Health Administration (OSHA) is targeting Florida beauty salons for reportedly using the chemical formaldehyde in hair treatments, putting hair stylists and other employees, as well as consumers, at risk. They have also cited Florida hair care products manufacturers and distributors for the same issue. According to an OSHA news release,

OSHA also has issued citations to two Florida manufacturers and two Florida-based distributors of hair products containing formaldehyde for failing to protect their own workers from possible formaldehyde exposure as well as to communicate the hazards of formaldehyde exposure to salons, stylists and consumers.

Florida is among several states targeted by OSHA for using formaldehyde in hair straightening and hair smoothing products. According to a warning issued by OSHA earlier last year, formaldehyde can cause serious health risks if breathed in or if the chemical comes in contact with the eyes. OSHA believes this chemical poses both a work related hazard to stylists and other hair salon employees, as well as to the customers. The OSHA investigation reportedly stemmed from complaints by employees who had concerns over exposure to the chemicals.

Miami, Fla. product liability attorneys follow industry developments such as these, where manufacturers, distributors, and service providers may be held liable in cases where people are injured due to toxic products and/or negligence.

The Food and Drug Administration (FDA) is also involved in this investigation over Florida hair care products. The FDA issued a warning letter to the importer and distributor of Brazilian Blowout Acai Professional Smoothing Solution -- citing mislabeling of products as "formaldehyde free" and danger of formaldehyde being released during use of the products.

Florida Accident Attorney resource:

Hair and Beauty Salon Accidents Including Eyebrow and Bikini Waxing Injuries

Sources:

US Department of Labor continues to cite beauty salons and manufacturers for formaldehyde exposure from hair smoothing products
OSHA News Release Dec. 8, 2011

Hair Smoothing Products That Could Release Formaldehyde
OSHA Hazard Alert Update Sept. 22, 2011

South Florida is known for its world-famous beaches, exciting vacation destinations, year-round temperate climates, and culturally diverse cities. Unfortunately, Florida has also made a name for itself as one of the most hazardous states in the country when it comes to driving and pedestrian safety.

Last year a number of Florida cities were named among the most dangerous places for pedestrian traffic accidents. What's more, the Sunshine State was ranked the fourth most dangerous state in the country when it comes to motor vehicle crashes, injuries and fatalities. (See related Florida Injury Attorney article, below.) Now a new study looking at 15 basic traffic safety laws in the U.S. has given Florida fair marks, while identifying areas that need improvement.

The Advocates for Highway and Auto Safety released a report titled the 2012 Roadmap to State Highway Safety Laws. The organization identified 15 basic traffic safety laws, which they believe all states should have in place to reduce the number of motor vehicle accident injuries and deaths.

These include state laws regulating safety measures and equipment such as motorcycle helmets, seat belt use, text messaging while driving, impaired driving (laws targeting drunk drivers, including use of ignition interlock devices for offenders), Graduated Driver Licensing (for younger, inexperienced drivers -- who present a serious safety hazard for themselves, their passengers and other motorists), child booster seats, and other traffic safety and accident prevention related areas.

Florida was among states that received a ranking of "yellow," meaning "cautious." Those states ranked yellow have 6 to 10 of the key traffic laws on the books, with a primary seat belt law, OR 7 to 13 laws without a primary seat belt law. Other states were ranked "red" ("danger" -- state falling behind in traffic safety) or "green" ("good") depending on the number of traffic safety laws they had or did not have on their books. NO states met ALL of the Advocates' requirements for recommended traffic safety laws.

The Advocates pointed out a number of areas where Florida traffic safety laws could be strengthened and improved, including the adoption of…

• All-rider Motorcycle Helmet Law (to protect from head and brain injury in Fla. motorcycle crashes)


• Several restrictions to the Florida Graduated Drivers Licensing program


• Booster Seat Law


• Ignition Interlock Law


• Ban on Texting while Driving in Florida

Fort Lauderdale car accident lawyers know too well from their work with grieving families and injured individuals about the dangers of driving in Florida -- from highways such as I-95 to city streets to back roads, over bridges, on beaches, and along canals. Lives are changed forever, in an instant, when a serious auto accident in South Florida occurs. It will be interesting to see if Florida lawmakers improve on any of the state's existing traffic laws this year.

Related Florida Injury Attorney article:
Which South Florida Cities Made Worst Driver and Pedestrian Traffic Accident Lists for 2011? (Jan. 4, 2012)

Sources:

2012 Roadmap to State Highway Safety: Press Kit (PDF)

Highway Safety Laws Needed in Florida

Advocates for Highway and Auto Safety Jan. 11, 2012

Related Web Resource:

The 2011 Florida Statutes:
TITLE XXIII, MOTOR VEHICLES, CHAPTER 316
STATE UNIFORM TRAFFIC CONTROL

According to South Florida media reports, a Davie, Florida man was killed when he was ejected from his vehicle following a tire blowout accident on I-95 near Boynton Beach.

The South Florida Sun Sentinel and other Fla. media reported that Mr. Daniel Robert Cohen, age 40, was driving his van southbound on Florida Interstate 95 Saturday afternoon near Woolbright Rd., when his left rear tire blew out. The tire blow out reportedly resulted in Mr. Cohen's van leaving the highway, veering onto the shoulder and turning over, ejecting him from the vehicle. He was brought to Delray Medical Center where he passed away, according to Florida Highway Patrol.

Davie, Florida tire accident injury lawyers may be consulted by families in cases where a tire blowout caused a motor vehicle crash resulting in injuries or death. Experienced Broward County, Fla. tire blowout attorneys may consult with tire industry experts to help determine whether a serious auto accident resulting in injury and/or death may have been caused by defective tires, aging tires, recalled tires, or some other tire-related factor. We offer our sincere condolences to the family of this tire accident victim.

For more information on tire-related car crashes in South Florida, and what's involved in tire related auto accident lawsuits, please visit our Broward County tire accident attorney resource pages:

Q&A with Florida Defective Tire Accident Injury Attorney Debi Chalik: Learn about what kinds of auto accidents may be caused by tire defects in Florida, and what parties may be held liable. Plantation, Florida personal injury lawyer Debi Chalik offers her insights into these types of tire related car crashes, and answers common consumer questions.

How Old Are Your New Tires? The Dangers of Driving on Aging Tires: The average person driving on Florida I-95 and other roadways does not know that their aging tires may be a danger to their safety. The age of tires may affect their roadworthiness -- particularly when driving under the year-round hot Florida sun. Here, Florida Car Accident Injury Attorney Debi Chalik offers some important information on how to determine the age of your tires on your car, truck, van or SUV -- including tires you buy "brand new" from tire stores as well as the spare tire that may be stored in your trunk or on a tire carrier.

Also, please see our Tire Date Coding and Florida Driving Safety and Florida Car Accidents, Tire Safety, and Defective Tires webpages for more consumer related information. Both webpages feature videos of Attorney Debi Chalik advising consumers on what to do if they think a tire may have caused a serious or fatal auto crash in South Florida.

Defective Tire Accident in Florida Causes Catastrophic Brain Injury: Learn about one family's case and how experienced Plantation, Fla. injury attorneys helped in the aftermath.

News Sources:

Tire blows, Davie man dies on I-95
South Florida Sun Sentinel Jan. 7, 2012

Davie man killed on I-95 after tire blows
Palm Beach Post News Jan. 7, 2012

For the last couple years, overall motor vehicle crash fatality rates have declined in the U.S. -- and in the state of Florida. The National Highway Traffic Safety Administration (NHTSA) projects an encouraging early estimate: Traffic accident death rates from 2009 to 2010 are expected to decline by 3 percent, on a national level.

National safety experts attribute the decline to a number of factors, including more aggressive laws and public awareness campaigns targeting dangerous behaviors such as drunk driving, as well as advances in automotive safety technologies.

In Florida, traffic accident fatalities declined from 2,980 deaths in 2008, to 2,558 deaths in 2009. In the U.S., an estimated 32,885 people were killed on roadways last year. That number reflects the decline projected by NHTSA. However even government and other traffic safety advocates recognize that if your loved was among the thousands of motor vehicle crash fatalities, the gains are of little comfort.

As experienced Fort Lauderdale car accident injury lawyers will attest -- we still have much work to do as a country and a state to make roads and highways safer for all motorists, bicyclists, and pedestrians. With our heavily travelled and congested highways such as I-95; city streets bustling with traffic, tourists, and pedestrians; and numerous roadways hemmed in by watery canals -- South Florida driving can be hazardous, and deadly. Let's look back at a few of the dubious distinctions Florida achieved for bad driving and pedestrian accident hazards last year:

Florida Ranks Fourth for Worst Drivers in the Nation: An insurance industry study ranked Florida the 4th worst place to drive in the country, behind Louisiana, Missouri, and Texas.

Fort Lauderdale and Miami Florida Among Worst Cities for Pedestrian Traffic Accident Risks: A national public safety advocacy group does a yearly "Dangerous by Design" study examining the most dangerous roads and highways in America. Our own Miami and Ft. Lauderdale, Florida ranked among the most dangerous cities in which to drive or travel on foot. In 2009, a total of 466 pedestrian accident fatalities occurred in Florida.

Florida Pedestrian Traffic Accident Deaths Up: Report Cites Technology Distractions: Used to be you'd walk down a South Florida city street and see tourists looking up at tall buildings and palm trees, admiring the scenery and landmarks. Now seems like everyone is looking down at their iPhones, Androids, and other hand-held devices. It's a dangerous practice for pedestrians: The Governors Highway Safety Association (GHSA) reported that distracted pedestrian traffic accidents are on the rise: "…in 2009, four high-population states with large urban centers – California, Florida, Texas and New York – together accounted for 41% of the nation's pedestrian fatalities."

Please continue to visit our Florida Accident Attorney blog for more articles on Florida traffic safety, motor vehicle accidents, tire and other automotive product safety recalls, and other personal injury related topics. Have a happy New Year. Be safe on Florida highways and city streets.

Sources:

2011 DOT Year in Review: NHTSA safety record shines
U.S. Dept. of Transportation Blog Jan. 3, 2012

NHTSA Traffic Safety Facts Florida: 2005 - 2009
NHTSA.gov Collected Jan. 4, 2012

Related Web Resources:

Traffic laws for pedestrians and drivers to know
Florida Department of Transportation