Florida Accident Attorney Blog

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 Governor Charlie Crist says he would approve a ban on texting while driving in the Sunshine State if pending highway safety legislation passes, according to a report this week in a Fort Myers, Florida news outlet.

Distracted-driving traffic accidents in Florida cause injury and death on our highways and streets. The problem of drivers talking on cell phones and typing text messages is a major concern among Florida and national safety advocates:

> Currently 19 states ban all drivers from texting while driving, while another 9 ban the practice for youth-aged drivers.

> The U.S. Dept. of Transportation also banned texting while driving for commercial vehicles, in an effort to cut down on bus and truck accidents.

> President Obama banned Federal employees from texting while driving.

The pending Florida highway safety legislation (SB 328 and HB 323) is one of several highway-safety bills targeting distracted driving in Florida. If passed, drivers caught texting while driving would be subject to fines. Texting while driving has become a more serious and dangerous traffic safety problem, as more and more people -- including teenagers -- use cell phones and hand-held devices to type and send each other text messages. Fatal car accidents have been linked to texting while driving. The National Safety Council (NSC) estimates that 1.6 million traffic crashes annually -- or 28% of all auto crashes -- are caused by cell phone use or texting while driving.

Fort Myers car accident injury lawyers are well aware of what can happen when drivers take their eyes off the road in South Florida, even for just an instant.

The risk of causing a serious traffic accident increases when drivers are doing other things and not paying attention to what's around them. Florida's busy interstates, highways and city streets are challenging enough for drivers. Texting is an example of how technologies that bring convenience to our automobiles -- when used while driving -- can cause serious car crashes, injury, and death.

Florida legislators propose fines for drivers who text
News-Press.com Feb. 9, 2010

Related Web Resources

National Safety Council: Distracted Driving

Distracted Driving: National Highway Traffic Safety Administration

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

Floridians should check their medicine cabinets, handbags, desk drawers -- anywhere they might keep a bottle of Tylenol, a pack of Rolaids, or any number of other popular over-the-counter (OTC) medications. Manufacturer Johnson & Johnson has issued a large-scale product recall due to a musty smell that has sickened some consumers.

The December Tylenol drug recall was issued after consumers complained of a moldy smell coming from the product, causing nausea and other gastro-intestinal distress. The odor has been linked to a chemical used to treat wooden palettes used in product storage. This month, Johnson & Johnson expanded the recall to include other products including St. Joseph's Aspirin, Benadryl, Motrin and Rolaids. See link below to Product Recall List where consumers can search for their products' lot numbers.

Broward County, Florida defective product lawyers follow cases such as this one closely, when OTC medications or prescription drug recalls make the news due to people becoming sick, experiencing severe side-effects, or in some cases, suffering wrongful death (e.g., manufacturer Merck pulled its arthritis drug Vioxx from the market in 2004 after the drug was connected to heart attacks, a fatal skin disease, and serious intestinal problems).

The U.S. Consumer Product Safety Commission (CPSC) and the U.S. Food and Drug Administration (FDA) monitor product liability issues such as the Tylenol case, to protect consumer health and well being. The FDA posts a public list of medical product recalls on its website (see link below), including recalled drugs and medical equipment.

Tylenol recall expanded to Motrin, Benadryl, more
USAToday.com Jan. 18, 2010

McNeil Product Recall Press Release

Related Web Resources

McNeil Product Recall List

FDA 2010 Safety Alerts for Human Medical Products

This past week has been particularly dangerous and deadly on Fort Myers, Florida, area roads and highways. Florida Highway Patrol and news sources reported the following traffic accidents:

• On Tuesday, a car accident with a school bus occurred in Fort Myers Shores at Parkview and 5th Street, injuring three students and the bus driver. The driver of the motor vehicle that struck the schoolbus faces charges.
• On Monday, Nicholas Contessa, age 58, of Fort Myers, Florida, was killed on I-75 when he lost control of his vehicle following a tire blowout accident. The victim's car was the only vehicle involved in this fatal Florida highway rollover accident.
• Last Friday, a pedestrian was killed in North Fort Myers, Florida, in a hit-and-run accident on West North Shore Ave and Business 41; police were seeking the driver of a white van.

Fort Myers, Florida car accident lawyers may be consulted in cases where negligent or reckless driving may have contributed to serious traffic accidents resulting in injury or death.

Accident in Fort Myers Shores injures four
NBC-2.com Jan. 12, 2010

Victim in fatal Fort Myers I-75 crash identified
NewsPress.com Jan. 11, 2010

One person dead in North Fort Myers accident
NBC-2.com Jan. 8, 20108

Anyone who has driven on South Florida's interstates and highways knows the going can be risky, particularly during heavy commuter traffic and at night -- where the combination of speed and volume can lead to accidents. Now, The New York Times has done a report highlighting how highway construction zones pose additional hazards that can cause both serious Florida traffic accidents and motorist and construction worker injury or death.

According to the report, highway construction zone accidents are sometimes caused by driver error, with speed, driving under the influence, and other forms of reckless driving to blame. Highway construction sites often involve lane reductions, cones, concrete barriers, and other unexpected obstacles -- as well as construction workers in or near the road and construction equipment. Drivers who fail to safely slow down and move over or negotiate a highway construction site can cause serious and fatal accidents involving motorists, police on detail, and the construction workers themselves.

The report also points to highway construction company liability, citing a 2007 crash in Sarasota, Florida, where a "rolling roadblock" for work being done on Interstate 75 resulted in 10 people injured and 2 motorists killed in a single night. The report discusses how highway construction sites are managed, how traffic is flowed around them, and the actual road conditions created during highway construction. All can cause hazards that can be deadly if a car or truck accident occurs in the construction zone.

Florida highway traffic accident lawyers are knowledgeable about driving laws and safety regulations designed to keep motorists, construction workers, law enforcement, and emergency personnel safe on Florida's highways.

Fatal Florida I-95 Construction Zone Accident Investigation Continues
Barely a week after The Times report was published, a four-car crash occurred on Florida I-95 at a highway construction site that left James Toles IV, 19, of Savannah, Georgia, dead and Michael Jones, 18, of Macon, Georgia, seriously injured. Four others were hospitalized. Florida Highway Patrol stated that conditions in the construction zone did not cause the crash, though it appears some victims got outside their vehicles and were struck by other vehicles that came upon the crash scene. The initial crash involved two vehicles including a Saturn that ended up straddling a concrete barrier. The investigation into the accident continues.

Efforts Lag to Improve Safety at Work Zones
NewYorkTimes.com Dec. 22, 2009

Danger in the cone zone
Inadequate review of road construction increases risks
HeraldTribune.com Dec. 26, 2009

Deadly I-95 wreck probe continues
Florida Today Dec. 30, 2009

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

When you purchase new tires for your car, van, truck or SUV, you drive away with the impression that you've invested in brand-new tires for your vehicle. What could be safer than new store-bought tires that have never hit the pavement? But are those new tires really new? You won't know for sure unless you check the tire date code, which the manufacturer stamps on the outer sidewall of the tire.

Florida tire defect attorneys Jason and Debi Chalik were featured on Comcast Newsmakers discussing tire date coding -- an important piece of information that the average consumer doesn't know is there. "If you look at the outside ring of the tire, there's a four-digit code," said Attorney Jason Chalik. "That four-digit code tells you the week and the year the tire was made. So if you see '1205' -- that means the tire was made the twelfth week of 2005."

Why Unused Tires More Than 6 Years Old May Be Unsafe to Drive
The Chaliks believe the tire industry should set an expiration date on tires more than six years old. "The U.S. Department of Transportation has done their own research and has made Congress aware that tires should not be driven if they've never touched pavement and they're more than six years old," said Attorney Debi Chalik, in an interview from the University of Miami. "There's an inherent defect where the metal inside the tire corrodes and the rubber itself dries out. The tire industry is aware of this."

The law firm cited the case of a client who was involved in a serious car accident causing permanent brain injury. The client needed a new tire for his SUV. The tire store he patronized put his spare on the rear passenger side of the car, and then they put a tire he purchased in the spare position. Though the original spare looked fine on the outside, it was actually more than 8 years old and had deteriorated on the inside. The tire tread came apart while the young man was driving and he lost control of his SUV, which flipped several times and ejected him. Defective tires and tire failure can cause loss of vehicle control and serious Florida traffic accidents, such as this one. "Unfortunately, our client suffered a catastrophic brain injury and is currently at a brain injury institute," Attorney Chalik said.

The tire store in this case claimed they did not know that tires more than 6 years old may be dangerous to drive on. The Chaliks urge all motorists to check the date codes on the tires they're currently driving on, as well as their spare tires. If any are more than 10 years old, consider getting them checked and replaced. To watch the interview with the Chaliks in its entirety, go to Firm News / Successes and scroll down to "Debi Chalik and Jason Chalik Discuss Tire Safety."

Related Web Resources

TireRack.com: Determining the Age of a Tire

NHTSA: Tire Safety: Everything Rides on It (PDF brochure)

The U.S. Dept. of Labor, Bureau of Labor Statistics (BLS) reported that the national rates of fatal work injuries are down, including in Florida. Preliminary data released for The National Census of Fatal Occupational Injuries showed that 5,071 work injury fatalities were reported in the United States in 2008 -- down from 5,657 work deaths reported in 2007.

Florida work related deaths declined from 363 in 2007 to 290 in 2008. Of those deaths,

107 were due to transportation accidents
56 were caused by assaults and violent acts
41 resulted from "contact with objects and equipment"
Fall accidents caused 39 deaths
Exposure to harmful substances or environments caused 38 workers to perish
6 workers died in fires or explosions

Nationally, construction accidents causing death declined by 20 percent, in the private construction sector, and fatal falls were down. However rates of workplace suicides rose by 28% (though workplace homicides decreased), and fatal workplace injuries in the forestry, farming, and fishing industries also saw an increase. The BLS will release the final statistics in April 2010.

The National Census of Fatal Occupational Injuries in 2008 (PDF file)
U.S. Department of Labor, Bureau of Labor Statistics, Aug. 20, 2009

Related Web Resources

Census of Fatal Occupational Injuries (CFOI): Current and Revised Data

Florida Safety Council: OSHA Training

Florida Atlantic University: Institute for Design and Construction: Safety Science

The Miami Herald reports that a driver being held in the Broward County, Florida jail for a fatal DUI accident was also wanted in Maryland for violating probation related to drunk driving charges in that state. Robert Jones, 31, is being held on nine charges including two counts of DUI manslaughter for a car and motorcycle accident that occurred in Miramar, Florida early last week.

According to the report, Jones was taking his step-daughter to school when his car struck a 43-year-old motorcyclist from Davie, Florida. The motorcycle operator was dragged down Pembroke Road for 180 feet before Jones' vehicle stopped. Jones and the child fled the accident scene but police arrested him a few blocks away. The Herald reported that Jones' blood-alcohol level tested at 0.236 -- nearly 3 times the legal limit of .08 in Florida.

Bereaved families may contact a Broward County accident lawyer in cases where a driver operating a motor vehicle under the influence of alcohol causes a traffic accident that results in death or personal injury to others.

The news report went on to state that Maryland court records revealed that Jones had served time in that state for DUI and leaving the scene of an accident involving personal injury in 2006. An arrest warrant had been issued after he failed to appear in court and violated his probation. According to The Herald, Jones came to Florida 4 months after the warrant was issued and applied for a Florida-only driver's license (which is granted to snowbirds and others who maintain a primary driver's license in another state). Jones was approved for a Florida-only license when he showed a valid Delaware driver's license.

Repeat DUI offenders are a hazard on the roads and highways of Florida and every other state. Nationally in 2007, nearly 13,000 people lost their lives due to alcohol-impaired driving (NHTSA, Traffic Safety Facts 2007 Data, "Alcohol Impaired Driving").

Miramar DUI suspect is wanted in Maryland
MiamiHerald.com Sept. 11, 2009

Related Web Resource

Obtaining Your Florida Driver's License
Florida Department of Highway Safety and Motor Vehicles

The DUI manslaughter trial of former New York Yankees ball player Jim Leyritz was scheduled to begin this month, but reports of a videotape that has surfaced will likely delay the start of the trial until January 2010.

Leyritz was arrested for driving under the influence in a downtown Ft Lauderdale car crash on Dec. 28, 2007 that left a 30-year-old mother of two dead. Broward County prosecutors accuse Leyritz of being intoxicated and running a red light, striking the other driver's SUV. News reports state that the victim, of Plantation, Florida, was working at a Fort Lauderdale steakhouse as a bartender and on her way home in the early morning hours when the accident occurred. The Miami Herald reported that both drivers were driving with blood-alcohol levels above the state's legal limit of .08.

Now the defense claims the time of the accident is in question: The prosecution estimates that the car accident occurred at 3:19 a.m. Leyritz's defense reports that a videotape from a nearby light pole camera shows that the accident actually happened minutes earlier, and that therefore Leyritz was not as intoxicated as authorities reported. This development is likely to delay the start of the trial for several months.

Leyritz has been in and out of court while he awaits trial, not just on the DUI manslaughter charge but on domestic battery charges. He is free on bond though forbidden to have contact with his ex-wife, who accused him of beating her at their home in Davie, Florida earlier this summer. Leyritz is among the list of celebrity sports figures involved in fatal drunk driving accidents. The NFL's Dante Stallworth was recently released from prison after serving time on a DUI manslaughter conviction, resulting from a fatal Miami pedestrian accident.

Fort Lauderdale accident lawyers see the results of mixing alcohol and driving in their daily work on behalf of bereaved families. Drunk driving can affect anyone, whether they're a celebrity or not: 875 people died in Florida in 2008 due to alcohol-related motor vehicle accidents

Videotape could help ex-baseball star Jim Leyritz
MiamiHerald.com Sept. 5, 2009

Judge revokes ex-Yankee Jim Leyritz's bond
MiamiHerald.com July 3, 2009

Leyritz charged following accident that killed 30-year-old woman
ESPN.com Jan. 31, 2009

Related Web Resources

MLB.com: Jim Leyritz Stats

Wikipedia: Jim Leyritz

The U.S. Department of Transportation (DOT) reports that nationally, the number of women drivers involved in fatal drunk driving motor vehicle accidents is on the rise--a fact Transportation Secretary Ray LaHood calls "a very disturbing trend."

A recent study conducted by the DOT and NHTSA (National Highway Traffic Safety Administration) shows that approx. 2,000 drunk driving deaths a year involve women who are driving under the influence of alcohol. While FBI statistics show that men arrested for driving under the influence (DUI) still outnumber women by 4 to 1, the percentage of women arrested for DUI has increased--up nearly 30% in the ten-year study period of 1998 to 2007.

Florida Female Drivers and Drunk Driving Deaths

While any death on Sunshine State roads and highways due to alcohol-impaired driving is one death too many, some positive news for Florida emerged from the NHTSA study: Florida was not among the states where the numbers of women drivers involved in fatal drunk-driving accidents had increased. Florida actually showed a decrease in this area. Statistics of interest:

• The number of Florida female drivers in fatal crashes with a blood-alcohol concentration (BAC) level at or above the legal limit of .08 was 134 drivers in 2008 -- down from 144 in 2007.
• In 2008, in total, 875 people lost their lives in fatal Florida car crashes where alcohol was a factor. (NHTSA Traffic Safety Facts Florida 2004-2008)
• The study reported 10 states showing increases in numbers of women drivers who operated motor vehicles under the influence of alcohol and were involved in fatal accidents. Of those, Ohio and New Hampshire showed the greatest number and percentage increases (respectively).

This study shows what Fort Lauderdale accident lawyers observe in their daily work -- that drunk driving can impact anyone regardless of gender, race, profession, or station in life.

Transportation Secretary Ray LaHood Kicks Off Nationwide Enforcement Crackdown on Impaired Driving
Releases New Report Highlighting Increasing Number of Impaired Female Drivers
NHTSA Press Release, August 19, 2009

Alcohol-Impaired Drivers Involved in Fatal Crashes, by Gender and State, 2007-2008
NHTSA Traffic Safety Facts, August 2009

The Dante Stallworth case is back in the news, as the NFL announced it will suspend the Cleveland Browns wide receiver for the remainder of the 2009 football playing season. Stallworth was found guilty of DUI manslaughter in a Miami, Florida traffic accident that claimed the life of a pedestrian.

Stallworth served his 30-day sentence and earlier this month, a judge agreed to let him work out to get in pro condition, though he had been ordered to two years house arrest. Nonetheless, NFL Commissioner Roger Goodell chose to suspend Stallworth for the remainder of the season. A report on the NFL.com website (see link at end of entry) says he will be reinstated after the Super Bowl.

Florida Car Pedestrian Accident Fatalities
In cases where a driver's recklessness or negligence may have led to pedestrian injury or death, a Miami pedestrian accident lawyer is sometimes called upon by the aggrieved families to assist with the case. The National Highway Traffic Safety Administration (NHTSA) reported that 490 pedestrians were killed in traffic accidents in Florida in 2008. Driving under the influence of alcohol over the Florida legal limit of BAC .08+ was reported in 875 traffic deaths that same year. (NHTSA Traffic Safety Facts Florida 2004 - 2008.)

This fatal Miami Beach, Florida drunk driving accident involving Stallworth occurred last March, when the car he was driving struck and killed a construction worker crossing MacArthur Causeway on foot to catch a bus. Stallworth plead guilty to manslaughter and driving under the influence of alcohol -- a charge which typically carries 10 years imprisonment in Florida. He came to an agreement with the victim's family to pay them a confidential financial settlement. His prison time was reduced to 30 days, which he has served.

In addition to the prison time and confidential financial settlement the verdict brought back for the aggrieved family, authorities also suspended Stallworth's driver's license for life, and ordered him to pay fines of $10,000 and to perform 1,000 hours of community service.

Brown Down: Wide Receiver Donte Stallworth Suspended By The NFL For 09' Season
19ActionNews.com Aug. 14, 2009

Goodell: Stallworth suspended for season, placed 'stain' on NFL, players
NFL.com Aug. 13, 2009

Browns' Donte Stallworth Gets 30 Days for DUI
Wide Receiver Will Pay Financial Settlement to Victim's Family
ABCNews.com June 18, 2009

Related Web Resources

WalkingInfo.org

NHTSA Pedestrian Safety Program