Florida Accident Attorney Blog

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

Nationally, traffic accident deaths have declined in recent years. In fact, the number of people killed in motor vehicle crashes in 2009 -- a total of 33,808 lives lost -- is the lowest since 1950 (when 33,186 people were killed in auto accidents).

Lawmakers, safety advocates, auto manufacturers, traffic engineers, and others may take credit for making Florida and our nation's roads and highways safer for motorists and pedestrians. But safety advocates say we can still do better. That goes for the Sunshine State as well. Florida still holds the unfortunate distinction of being the state with the third-highest number of auto accident fatalities -- though that number has gone down even as the state population has risen.

According to a National Highway Traffic Safety Administration (NHTSA) report (see link below), car crashes in Florida claimed the lives of 2,558 people in 2009 -- down 14% from the 2,980 lives lost in traffic accidents in Florida in 2008. Some 30% of those fatal motor vehicle accidents in Florida were due to alcohol-impaired driving (Florida drunk driving accidents). While states have seen reduction in traffic accident deaths across the board, NHTSA reports that California had the most traffic accident fatalities (3,081) for 2009, followed by Texas (3,071), Florida (2,558), and our neighbors in Georgia (1,284 deaths).

An experienced Fort Myers car accident injury lawyer will tell you -- if you're one of the families who has lost a loved one in a fatal Florida traffic crash, that loss of one life is devastating. The State of Florida is promoting the concept that even one life lost in a traffic accident is one life too many. There were 189 traffic accident deaths in Broward County, Florida, in 2009, and 80 car crash deaths in Lee County, Fla, that same year. Working with clients in and around Fort Myers, Fla., we know the anguish these grieving families suffer when a fatal car crash takes a family member away. Lives are changed forever, in a heartbeat.

Here is a sobering statistic: According to the Florida Department of Highway Safety and Motor Vehicles -- Florida experiences an average of 7 fatalities a day on Fla. roads and highways. A new public safety approach called Toward Zero Deaths is "based on a philosophy that even one road death is morally and ethically unacceptable." State safety officials believe lives will be saved by changing driving behaviors that cause Florida traffic accident fatalities. These include speeding, distracted driving, drug- and alcohol-impaired driving, and failure to wear seat belts.

See link below to a PDF of the full report on the details surrounding traffic accident deaths in Florida.

NHTSA Traffic Safety Facts : Research Note (PDF)
Highlights of 2009 Motor Vehicle Crashes

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

Related Fort Myers Accident Injury Attorney resources:

Auto Accident Checklist: What to Do if You're Injured a Car Accident in Florida

Video: What to Do When a Car or Truck Accident with Injuries Occurs in Florida

A sad story reported by the Sun Sentinel in the Palm Beach, Florida media shows what can happen when emergency response systems fail and accident victims don't get life-saving help in time. This case involves multiple Florida lawsuits against the phone provider, the city, and emergency responders.

Last Thanksgiving, a Palm Beach County grandmother was fixing the holiday meal for her family when she dropped a piece of glassware on her foot, suffering a severe cut. She was alone, as her husband was out picking up family. When Mrs. Sidell Reiner, age 81, dialed "0" in a panic for help, the call -- placed via her telephone provider, Comcast -- initially went into an automated system.

According to a news report, the victim eventually reached a Comcast operator, who was unable to determine the victim's address as she forwarded the call to a Boynton Beach, Florida police dispatcher. By the time her address was located and paramedics arrived, there was no response at the door and emergency personnel left. Mrs. Reiner bled to death. Her husband came home to find her dead on their bedroom floor with the phone next to her. (See link below to full story based on court records describing the chain of events.)

West Palm Beach, Florida wrongful death lawyers may be consulted by families when someone loses their life due to the negligence of others.

The victim's husband, Mr. Seymour Reiner, reportedly filed a lawsuit against Comcast and has, in addition, filed notices of intent to sue the city of Boynton Beach and Palm Beach County Fire-Rescue. The lawsuit against Comcast has been filed in Palm Beach Circuit Court, Florida.

Comcast sued in 81-year-old woman's death
Sun Sentinel via PalmBeachPost.com Oct. 27, 2010

The Florida Fish and Wildlife Conservation Commission reports that a young Georgia woman involved in a Labor Day weekend parasailing accident in Florida has died from her injuries.

Last week, the Florida media reported on a parasailing accident involving a couple from Georgia, which occurred in Clearwater Beach, Florida. According to news reports, Georgia couple Shaun Ladd and his fiancee, Alejandra White, age 27, took a tandem parasailing flight on the Sunday of Labor Day weekend.

The accident reportedly occurred when the tow cable connecting the couple to the operator's speedboat snapped, sending Ladd into the water while White and her parachute drifted toward shore. White reportedly hit several beach umbrellas before striking a wooden volleyball net post.

White, who was taken to a medical center in St. Petersburg, Florida, has since died of her parasail accident injuries. The operator of the parasailing company, identified as Sky Screamer Parasail of Clearwater, Florida, is under investigation.

Florida parasail injury and wrongful death lawyers who have followed the parasailing industry are aware of the lack of regulations governing the safe operation of parasailing tour companies. With parasailing accidents in the news, safety advocates are calling for greater regulation of the parasailing industry in Florida and around the country.

Woman dies of injuries from parasailing accident on Clearwater Beach
TampaBay.com Sept. 13, 2010

Related Web Resource

Regulations fly by Florida's parasail industry
TBO.com Sept. 8, 2010

The family of a teenager killed in a speeding related car crash in 2003 has been awarded $6 million by a jury in West Palm Beach, Florida.

According to the Palm Beach Post, driver Carlos Pozo is serving a 5.5 year sentence in adult prison for vehicular homicide in a fatal Palm Beach County car accident that took place in November 2003.

CBS News 12 reported that Mr. Pozo was driving his Acura at extreme speeds on residential roads in the Palm Beach Gardens' PGA National community, when he lost control of his vehicle, slamming into trees. Kaitlin Kazanjian, age 16, was ejected from her seatbelt by the impact and killed. News media reported that the car was cut in two.

The parents of Ms. Kazanjian pursued a civil lawsuit in a West Palm Beach, Florida court, they said, so that the story of their daughter and her lost potential could be told. The car crash victim's father is a sergeant in the Palm Beach County Sheriff's Office.

An experienced Palm Beach County injury lawyer is aware of the potentially fatal combination of motor vehicles, speeding and young drivers. A study by the AAA Foundation revealed that teenaged drivers do not have the life experience and judgment to handle vehicles at high rates of speed, particularly with friends in the car. (Source: Teen Crashes -- Everyone Is at Risk, AAA Foundation for Traffic Safety, Feb. 2009.)

Jury awards $6 million to parents of 16-year-old killed in crash
Palm Beach Post June 12, 2010

Family of girl killed in crash awarded $6 million
CBS12.com June 12, 2010

Related Web Resource

Palm Beach County Clerk & Comptroller

The Fort Myers man accused in a fatal Lee County traffic accident is being held on several counts of DUI manslaughter in a Lee County, Florida jail.

According to news and police reports, 21-year-old Joshua Lee Reynolds of Fort Myers, Fla., was driving with a blood alcohol level nearly twice the legal state limit when he was involved in a fatal Florida DUI car accident.

The car and pickup truck accident occurred last September in Cape Coral, Florida, at Veterans Memorial Parkway and Country Club Boulevard. Reynolds had allegedly been drinking while bartending at a local restaurant, before he got in his pickup truck and struck a car, killing 20-year-old Ernesto Romero, also of Cape Coral, Florida.

New reports state that Romero was a passenger in a car driven by Donna Snow; Romero, who was not wearing a seat belt, was ejected from the car when it was struck by Reynolds' truck, which allegedly ran a yellow light and slid through the intersection. Driver Snow and her sister Robyn, the victim's girlfriend, both suffered personal injury in this Lee County, Florida car crash. Reynolds turned himself into police last week after test results came in and the investigation was completed. He faces Florida DUI manslaughter among other charges.

Fort Myers car accident injury lawyers are well aware of the heavy toll that drinking and driving can take on Florida families. In 2008, a total of 875 people lost their lives on Florida roads and highways in alcohol related traffic accidents (Source: NHTSA Traffic Safety Facts Florida 2004-2008). That number has been decreasing from a recent high of 1,106 Florida DUI deaths in 2005, however any life lost due to drunk driving is one too many.

Man intoxicated at time of fatal Cape Coral crash
News-Press.com May 25, 2010

Related Web Resource

Florida Department of Highway Safety and Motor Vehicles:
FAQs on Driving Under the Influence (DUI)

The millionaire owner of the International Polo Club located near Palm Beach, Florida has been charged in a fatal hit-and-run drunk driving accident which happened in February.

News reports state that the Palm Beach County Sheriff's Department issued a probably cause affidavit leading to the arrest of wealthy businessman John Goodman, 46, of Houston, TX, who is described by the press as a well-known socialite who travels between Texas and Florida. Goodman's Bentley allegedly struck a Hyundai driven by Scott Wilson, 23, sending the victim's car into a Florida canal, where it flipped over. The victim drowned before emergency personnel could assist him. The Palm Beach car accident occurred in the community of Wellington, Florida in the early morning hours of Feb. 12, 2010.

Goodman allegedly fled the scene on foot and walked to a residence to use a cell phone, where he did not report the accident for more than an hour. He faces a number of charges including driving under the influence, vehicular manslaughter, and failure to render aid (which under Florida law can add gravity in a criminal case).

The victim's family has filed a civil lawsuit in Florida related to this traffic fatality. News reports state that according to police, the plaintiff charged in this Palm Beach area case had a blood alcohol concentration level more than double the state limit (Florida BAC=.08+). Goodman was arrested at a hotel in Miami, Florida, and was released on $100K bond. He is prohibited from leaving the state of Florida as well as drinking and driving, and going to bars.

Palm Beach wrongful death / injury lawyers may be consulted by families in cases where a loved one has died or been injured due to the negligence or recklessness of another party. Hundreds of people are killed in the state of Florida every year due to drunk drivers. Of the 2,978 traffic fatalities in Florida during 2008 -- 875 of those were alcohol related traffic deaths. (Source: NHTSA Traffic Safety Facts Florida 2004-2008).

Polo mogul in jail this morning for role in fatal Wellington crash
Palm Beach Post May 19, 2010

Houston millionaire charged in deadly Florida crash
Houston Chronicle May 19, 2010

Related Web Resource

NHTSA Impaired Driving portal

According to Miami, Florida new reports, a pedestrian was struck and fatally injured this past weekend in a multi-vehicle traffic accident involving a van and a county bus.

Miami-Dade Police reported that a fatal pedestrian accident occurred Sunday night after 8 p.m. in Northwest Miami Dade at the intersection of 22nd Ave. and Northwest 62nd St. Details of the fatal Miami car crash are emerging:

CBS4 news reports that a witness who was on the Miami Dade Transit bus involved in the accident stated that a van ran through a red traffic light, causing the bus to veer off course. In addition, WSVN-TV news of Miami / Fort Lauderdale reports that Miami-Dade Police stated that the van involved in the traffic accident hit the pedestrian and another vehicle, sending the pedestrian into the path of the oncoming Miami-Dade County transit bus.

Miami, Florida pedestrian accident lawyers may be consulted by families in cases where the reckless or negligent driving of another party causes injury or death to a pedestrian on South Florida's streets. According to Transportation for America's recent Dangerous by Design study, Miami, Florida ranks among the top most hazardous four cities in the country where pedestrians are most at risk for injury or death in traffic accidents.

Police are investigating the cause of this multi car accident in Miami that took the life of a pedestrian. Charges may be filed against the driver of the van if this chain reaction car crash is revealed to be a drunk-driving accident. The name of the pedestrian killed in the Miami traffic crash has not been released.

Pedestrian Struck & Killed In Northwest Miami-Dade
CBS4.com March 28, 2010

Pedestrian struck by multiple vehicles
WSVN.com March 28, 2010

Related Web Resources

Florida Dept. of Transportation: Pedestrian Bike Safety Program

U.S. Dept. of Transportation, Federal Highway Administration: Bicycle and Pedestrian Program

Transportation for America: Dangerous by Design

The son of a wealthy Chicago area family is being held without bail in a Broward County, Florida jail in connection with a hit and run pedestrian car accident last year that left two British businessmen dead.

According to news reports, Ryan LeVin, 35, was arrested at his condominium on South Ocean Lane in Fort Lauderdale, Florida. Levin is the son of a wealthy Illinois family in the jewelry business. He became the subject of media attention surrounding his involvement in a fatal Fort Lauderdale hit-and-run motor vehicle accident that occurred in Feb. 2009.

Police stated that LeVin's Porsche sports car was driving along State Road A1A near Fort Lauderdale beach when it jumped the curb, striking and killing two British businessmen as they walked to their hotel. Pedestrian accident victims Craig Elford, 39, and Kenneth Watkinson, 48, were in America recruiting staff for their pharmaceutical business. LeVin has been charged with two counts of vehicular homicide as well as leaving the scene of an accident causing death. LeVin, whom the media reports has a long history of multiple traffic violations, has denied being behind the wheel at the time of the accident. His friend, Derek Cook, surrendered to authorities this week and has been charged with being an accessory for helping LeVin hide the damaged Porsche, as well as for aggravated fleeing and eluding.

Florida Pedestrian-Car Accident Statistics

Fort Lauderdale, Florida hit and run injury lawyers are familiar with state and federal laws designed to keep pedestrians and bicyclists safe on our streets and roadways. The LeVin case has received considerable media attention due to the wealth and status of the accused driver; it is one Florida pedestrian traffic accident among many more that add up to 490 pedestrians being killed in Florida in one year (2008 statistic from National Highway Traffic Safety Administration). In addition, NHTSA reports that...

• Nationally, one in five pedestrian-car accident fatalities is caused by a hit-and-run driver


• Of the 10 most dangerous cities in the country for pedestrian traffic accident injury and fatality, 5 are located in Florida

For background on the case, see previous blog entry: Lawsuit Filed in Fatal Fort Lauderdale Hit and Run Pedestrian Accident

Hit-and-run suspect Ryan LeVin ordered held without bail
Sun-Sentinel.com March 17, 2010

US heir Ryan LeVin charged over deaths of Britons
The Independent March 17, 2010

Porsche driver jailed in Florida hit-and-run
ChicagoBreakingNews.com March 17, 2010

A Fort Myers, Florida construction company was among the parties held liable in a lawsuit following the 2007 traffic accident death of a Sarasota father on Interstate 75. Last month, a Sarasota County, Florida jury awarded the family of 42-year-old James Brashear $4 million in a case that drew attention to Florida highway safety and preventing deadly road construction site accidents.

According to the Florida Highway Patrol, the deadly multi-vehicle Florida highway accident took place on Oct. 1, 2007, at 12:30 a.m., where a temporary roadblock had been set up around construction at the Bee Ridge Road interchange. The Herald Tribune reported that a semi-truck traveling at 70 mph failed to stop in time to avoid the line of cars stopped at the roadblock, slamming into them and setting off an 11-vehicle accident. Two men died (Mr. Brashear and a man from Miami) and several other people were taken to hospitals with serious injuries. Mr. Brashear's son was among the injured, and he survived.

The Brashear family's lawsuit in this fatal Florida I-75 highway work zone accident cited lack of adequate signage warning motorists leading up to the construction site as contributing factors. A jury ordered Zep Construction of Fort Myers, Florida, and Traffic Control Systems Inc. to pay punitive damages to the family of Mr. Brashear. The insurer for the trucking company of the semi-truck involved in the accident had previously awarded the families of the two men killed a $500,000 settlement.

Fort Myers truck accident lawyers have knowledge regarding Florida traffic laws and safety regulations. Studies have shown that highway construction sites can be particularly hazardous at night -- when drivers are unprepared for sudden stops, lane closures, detours, and unexpected workers and vehicles in or close to the road. The Florida Department of Transportation Work Zone Safety website reports that more than 50 percent of road work site / traffic crashes occur after dark, and that 90 percent of people who perish in road construction zone accidents are motorists and pedestrians.

Jury awards family $4 million for fatal accident
HeraldTribune.com Feb. 25, 2010

Related Web Resource

Florida Work Zone Safety

South Florida's pain management clinics have come under increased scrutiny in connection with the illegal pill trade and trafficking of Oxycontin and other powerful prescription drugs.

The office of State Attorney Michael McAuliffe of Palm Beach County, Florida, is hosting a summit in West Palm Beach to look at the growing problem of pain clinics, drug trafficking, and prescription drug abuse. The Prescription Drug Abuse and Pain Clinic Summit, held in late Feb., will bring together medical officials, law enforcement personnel, and policymakers to examine the problem.

Last year, several pain management clinics in Fort Lauderdale, Palm Beach County and Broward County, Florida, came under investigation for illegally selling prescription drugs. (See Florida Elder Care Alert: Fort Lauderdale, Broward & Palm Beach County Pain Clinics Scrutinized.) SAMHSA (the Substance Abuse and Mental Health Services Administration) reports that drug abuse among senior citizens is on the rise, as the Baby Boom generation ages.

Florida medication error lawyers have knowledge pertaining to product liability, prescription drugs, and medical malpractice as they all impact the care of our senior citizens.

Overdose of powerful prescription pain drugs such as opioids can lead to wrongful death. Experts at the Feb. 2010 Summit, which will be held Clayton Hutcheson Agricultural Center in West Palm Beach, will discuss legislation for greater self-regulation in the Florida medical industry.

West Palm Beach summit takes look at prescription drug abuse, pain clinics
Sun-Sentinel.com Feb. 22, 2010

Drug Use Rising Among Seniors; Baby Boomers Continue Using, SAMHSA Says
Jan. 11, 2010

Related Web Resources

Florida State Attorney Michael F. McAuliffe, Palm Beach County, Florida

American Academy of Pain Medicine

Florida motorists who own a Camry, RAV4, Avalon, or any other number of popular Toyota cars, trucks, and SUVs may have reason to be concerned as to whether they are safe to drive.

Toyota, which has prided itself as an industry leader in building safe, reliable cars, has expanded its safety recall of millions of vehicles. They've also done what no other auto manufacturer has ever done before -- stopped production and sales while they try to identify the source of a suspected automotive defect that could lead to deadly traffic accidents on Florida and U.S. roads and highways. Six factories so far are involved in the shutdown.

Problems for Toyota made the news last year when in November, the National Highway Traffic Safety Administration (NHTSA) announced that the auto maker had a fix for a problem with the gas pedal becoming entrapped by floor mats on some models. The serious safety issue came to light after fatal car crashes were attributed to the accelerator getting stuck and motorists being unable to stop their out-of-control, speeding vehicles (see previous blog entry, Florida Driving Alert: Toyota Lexus Issues Safety Advisory After Fatal Car Accident Involving Floor Mats).

However, Toyota has now expanded the recall in the U.S. and to Europe and has stopped production and sale of vehicles that may have the potential for the same deadly problem. It is unclear what repairs or redesign Toyota will come up with to permanently fix the problem. The Associated Press reports that Toyota learned about an accelerator problem for the Tundra in March 2007; concerns about truck accidents arose when owners reported the gas pedal was slow to rise when they tried to slow down.

Fort Lauderdale car accident lawyers follow automotive safety recalls closely, as they involve auto manufacturer product liability and Florida driver safety. We have not heard the last in this historic automotive recall and production and sales stoppage -- as Toyota works to identify and fix the source of the problem, dealers stand by idle with showrooms and lots full of cars, and consumers wonder what to do with vehicles that they thought were safe to drive. Car and Driver reported that owners of affected cars may be able to ask for and obtain loaner vehicles (see link below), though to date, Toyota had not issued a mandate for dealers to loan out other cars.

Toyota recalls additional 1.09M vehicles in US
Associated Press, MiamiHerald.com Jan. 28, 2010

Background: Toyota Announces Fix for Accelerator Pedal Entrapment Problem
NHTSA Press Release Nov. 25, 2009

Related Web Resources

Frequently Asked Questions For Sticking Accelerator Pedal Recall and Suspension of Sales
Toyota Press Room Jan. 2010

List of Recalled Toyota Models
NHTSA Office of Defects Investigation Jan. 28, 2010

How To: Safely Drive a Recalled Toyota (Or Score a Loaner)
Car and Driver Jan. 27, 2010

Toyota recall Q & A: What to do if your car suddenly accelerates
Los Angeles Times Jan. 28, 2010

Capoera Construction of Florida is among four companies being fined by OSHA in connection with a fatal construction accident in Texas last summer that claimed three workers' lives.

According to news reports, on June 10, a scaffolding collapse occurred at the 21 Rio Apartment Complex construction site in Austin, Texas, and three construction workers fell to their deaths. A candlelight vigil was held this month to remember the fallen workers and to bring light to the issue of construction worker safety, construction company liability, and preventing work-related accidents.

OSHA cited Florida-based Capoera Construction with serious violations including "failing to provide a competent person to inspect the scaffold prior to use." The other companies cited by OSHA for safety violations in the construction worker deaths are Andres Construction Services, Greater Metroplex Interiors, and Mast Climber Manufacturing. In total, all companies may face up to $160,000 in fines and other penalties.

South Florida construction accident lawyers know the dangers workers face when they go to work building, repairing, and renovating homes and commercial buildings. OSHA -- the United States Department of Labor, Occupational Safety & Health Administration -- has guidelines and regulations in place to keep construction workers safe from injury or death.

Florida has a significant Latino and Hispanic population, with many Spanish-speaking workers employed by the construction industry (and related building and maintenance industries such as landscaping and housekeeping). Florida Spanish speaking injury lawyers may assist with cases where Latino or Hispanic construction workers are injured or killed in the course of their jobs, possibly entitling them to Florida Workers Compensation benefits and/or other compensation and damages. OSHA reports that nationally, more than 5,000 workers were fatality injured on the job in 2008.

OSHA issues citations, proposed penalties in construction accident
KVUE.com Dec. 16, 2009

Related Web Resources

Workers Defense Project

OSHA Homepage

OSHA En Espanol

Florida consumers should be wary of any toys purchased or received as holiday presents that may pose safety hazards to children. The U.S. Federation of State Public Interest Research Groups (US PIRG) has published the 24th Trouble in Toyland report and interactive website that allows parents to search for toys that may cause personal injury to children (see links to resources below).

In addition to monitoring child product liability recalls posted by the U.S. Consumer Product Safety Commission (CPSC), the US PIRG lists toys still on store shelves that could pose danger to children. The group's website states that toys on their list may pose choking hazards, emit overly loud sounds, or contain potentially toxic chemicals.

Fort Lauderdale, Florida product liability lawyers keep up-to-date on recalls including toys and other products that could be harmful to children. In addition to toys being recalled for safety hazards in 2009, a number of other child product related recalls made headlines:

> The Dorel Juvenile Group recalled 447,000 infant car seat carriers with the Disney and Eddie Bauer logos, due to risk of the seat carrying handles breaking.

> The Consumer Product Safety Commission renewed its recall of Simplicity Drop Side Cribs (first recalled in 2007) after another child death occurred, bringing the total to 11 child deaths. The 2009 recall states that babies may suffocate if they become trapped by the sides of the crib, which drop down to allow access.

> In a related drug product recall, Proctor & Gamble recalled 700,000 packages of Vicks Dayquil Gel Caps because the packaging was not child proof.

Baby car seat carriers recalled
Gainsville.com Dec. 19, 2009

CPSC: Simplicity Drop Side Cribs Recalled by Retailers Due to Risk of Death from Suffocation
CPSC.gov July 2009

Vicks Dayquil recalled because packaging isn't child-proof
CNN.com Dec. 18, 2009

Related Web Resources

U.S. PIRG websites:

Toy Safety homepage

Toy Safety database and unsafe toys 2009 list

Consumer Product Safety Commission child product recalls

The Associated Press reported that some 300 guests at a luxury Miami, Florida hotel have been evacuated following the death of one guest who is believed to have contracted Legionnaire's disease from drinking city-supplied water. Two other guests reportedly became ill.

The Miami Herald reported that on Sunday, guests of the EPIC Hotel were relocated to other nearby facilities to avoid any further spread of what is believe to be Legionnaires' Disease -- also known as Legionellosis and Pontiac Fever. According to the CDC website, Legionnaires' Disease is associated with travel and may occur in hotels or on cruise ships.

Miami, Florida premises liability lawyers are well versed in safety regulations in place to protect hotel guests such as tourists and conference attendees from harm, illness, or personal injury, while staying at or visiting a commercial establishment.

The Miami Herald reported that the Epic Hotel had a water filtration system designed to reduce chlorine in the water, which may have allowed bacteria to grow. The tourist who died from Legionnaire's Disease was European and had stayed at the hotel in September before embarking on a cruise, only to be rushed back to the hospital, where he died. Two other European visitors contracted the disease in November.

The Miami-Dade County Health Department and state officials are investigating. The Herald reported county officials as stating that no action was taken until this month due to "inefficient international communication channels." The Epic hotel was determined to be the common element between the tourist who died and the other two who became sick.

300 hotel guests relocated after bacteria kills 1
Associated Press, Yahoo! News Dec. 14, 2009

Tourist killed by hotel water
MiamiHerald.com Dec. 13, 2009

Related Web Resources

Epic Hotel

Centers for Disease Control and Prevention (CDC):
Legionellosis Resource Site

Miami Dade Health Department

Florida Weekly published a report stating that Charlotte County and Lee County, Florida, are among the most dangerous places in the nation for motor vehicle / bicycle accidents and pedestrian accidents. The article states that, "Traveling without a motor vehicle here can be more dangerous than almost anywhere else in the United States...."

The author, who references Transportation for America's recently released "Dangerous by Design" traffic engineering report, quotes a number of Floridians involved in Southwest Florida pedestrian accidents as well as car and bike accidents.

The "Dangerous by Design" study examined safety issues on roadways that were designed for motor vehicles but not for other vehicles (such as bicycles) or walkers. Florida Weekly cites some sobering facts that emerged from the study...

> Of the 360 most dangerous places for cyclists and walkers in the U.S. -- Lee County, Florida, is no. 23.

> Though it's the safest urban place to walk in Southwest Florida, the Naples-Marco Island region is still twice as deadly for pedestrians when compared to the national average.

> Charlotte County, Florida is the most dangerous place in the state to travel on foot.

In their work with injured people and bereaved families, Fort Myers, Florida car accident lawyers witness the tragic results of what can happen when car, SUV, van, or truck accidents involve bicyclists or pedestrians.

The BikeWalkLee group seeks to make Lee County, Florida streets safer for those on bicycles or on foot by urging transportation planners to finish street construction with bike paths, sidewalks, and signage that promote safe travel for all. The group's website states that, "Florida is ranked #1 in the nation for both bicycle and pedestrian fatalities per capita in 2007." Florida pedestrian deaths caused by motor vehicle accidents amounted to 490 deaths in 2008 and 530 deaths in 2007 (National Highway Traffic Safety Administration, Traffic Safety Facts Florida 2004 - 2008).

Southwest Florida's Deadly Streets
FloridaWeekly.com Dec. 3, 2009

Related Web Resources

Transportation for America: Dangerous by Design

BikeWalkLee

Florida drivers should be aware of an ongoing large-scale defective auto product recall issued by Toyota/Lexus, which affects popular models including Camry, Avalon, Prius, and Tacoma vehicles manufactured between 2004 and 2010 (see link to advisory, below, for exact models and years). It is the largest product recall in Toyota's history affecting millions of vehicles.

The recall occurred following a highly publicized fatal car crash in California in August, where a 2009 Lexus reached speeds of 120 mph when the gas pedal became stuck in the open position. NHTSA attributed the problem to the accelerator pedal becoming snared by an ill-fitting removable floor mat. The family in the Lexus placed a frantic 911 call prior to crashing into an SUV, flipping and bursting into flames. The crash killed the vehicle's driver and occupants: an off-duty California highway patrol officer and three members of his family. The L.A. Times reported that the Lexus involved in the accident was a loaner car from the dealer, and that the floor mat was improperly installed.

Toyota has stated that it will change the length of the gas pedal and the shape of the floor underneath it to avoid future motor vehicle accidents. In addition, Toyota will replace any of its floor mats in the affected models with new floor mats. The Toyota newsroom issued instructions of what drivers should do to avoid a car accident if their gas pedals become stuck. However an investigation by ABC News reported up to 2,000 consumer reports of "runaway" Toyotas, leaving some safety experts and dealers to question whether the car manufacturer's planned solutions will fix the root problem.

A Florida auto product liability lawyer is familiar with laws and safety regulations put in place to protect consumers from being injured or killed due to automotive product defects. Defective tires is another area of motor vehicle safety concern that makes news headlines whenever a tire recall is issued.

NHTSA's SaferCar.gov website provides a searchable database for consumers to check for product recalls related to their vehicles or tires.

Toyota Announces Details of Remedy to Address Potential Accelerator Pedal Entrapment
Toyota Press Room Nov. 25, 2009

Toyota Recall Fails to Address 'Root Cause' of Many Sudden Acceleration Cases, Safety Expert Says
ABC News Investigation Revealed Over 2,000 Complaints of 'Runaway Toyotas'
ABCNEWS.com Nov. 25, 2009

New details in crash that prompted Toyota recall
L.A. Times Oct. 25, 2009

Related Web Resources

Toyota/Lexus Consumer Safety Advisory:
Potential Floor Mat Interference with Accelerator Pedal (Models & Years listed here)
Toyota Press Room Sept. 29, 2009

Toyota recalls 3.8 million vehicles
Potentially dangerous floor mats cited for company's largest U.S. recall
MSNBC.com Sept. 29, 2009

OSHA has fined the construction company involved in a Broward County, Florida crane accident that claimed the life of a 43-year-old father of three earlier in the year.

The fatal construction accident occurred June 16 in Pompano Beach, Florida, where Albert Phillips of Coconut Creek was working on a project to shore up a seawall at Lighthouse Point. A crane fell and pinned Mr. Phillips' legs. Mr. Phillips was taken to North Broward Medical Center, where he was pronounced dead. The crane operator took a leave of absence from the job.

The construction company involved in this deadly crane accident has been fined over $18,000 for safety regulation violations. OSHA -- the United States Occupational Safety and Health Administration -- fined Ray Qualmann Marine Construction Inc. for failure to conduct proper safety inspections that may have revealed weak points in the equipment, and for allowing a worker not trained on this type of crane to operate the equipment. The construction company disputed some but not all of OSHA violations levelled against them.

A Fort Lauderdale construction accident lawyer familiar with liability laws and worker safety regulations may be consulted by families in construction accident cases such as this. Sometimes issues surrounding worker training and the responsibility of construction site subcontractors is called into question, when an accident takes the life of someone who left home to do their job, and did not return. Sometimes cases also involve Florida workers' compensation.

Crane operation and construction site safety is a priority area for NIOSH -- the National Institute for Occupational Safety and Health. While overall work related deaths in the U.S. have declined over the past year (including in the construction industry -- where deaths declined by 20 percent), 5,071 workers in 2008 lost their lives as a result of doing their jobs. (Bureau of Labor Statistics, National Census of Fatal Occupational Injuries in 2008, reported Aug. 2009)

Pompano Beach company fined in fatal crane accident
South Florida Sun-Sentinel.com Nov. 4, 2009

Related Web Resources

NIOSH Alert: Preventing Worker Injuries and Death from Mobile Crane Tip-Over, Boom Collapse, and Uncontrolled Hoisted Loads (PDF)

NIOSH Construction Safety

South Florida Associated General Contractors: Safety

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

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

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

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

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

Related Web Resources

Motorcycle Safety Foundation

Florida Motorcycle Training Courses

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

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

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

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

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

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

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

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

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

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

Related Web Resources

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

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

Stay Alive ... Just Drive! Program