Miami Personal Injury Attorney Blog

More Car Accidents and Fewer Tickets in Florida – Who Would Have Guessed?

August 1, 2018 | Wolfson & Leon

In South Florida, the number of crashes in Florida increased by more than 33,000 from 2012 to 2017. Yet in that same period in Miami-Dade, Broward and Palm Beach counties law enforcement officials issued 500,000 fewer tickets. If you received a ticket recently, then this means little to you. If you were in a crash, then it makes you wonder. If the person who hit me had received a ticket before, would they have been more careful? Maybe that driver who injured you shouldn’t have been on the road at all? Eventually you will want to know why have the number of citations issued gone down while traffic accidents have increased in South Florida? South Florida personal injury attorneys know that the answers from authorities are vague but hardly conclusive.

Florida Department of Highway Safety and Motor Vehicles Statistics

A statistical study from 2012 to 2017 reveals:

How Could Instacart Not Be Insured?

July 23, 2018 | Wolfson & Leon

You might be surprised by this but Instacart doesn’t provide commercial automobile insurance coverage for its drivers. As a result, most Instacart drivers will not be insured. The Instacart driver may have their own car insurance, but unless they disclosed to the insurer that they were using that vehicle for commercial purposes then the personal car insurer is likely to deny coverage.

The only remaining option is for the Instacart driver to purchase and pay for their own commercial policy of insurance – and that is extremely unlikely as it is not required by law and the cost of a commercial policy is prohibitive. After all, we are talking about hard-working people trying to hustle and make a few bucks by shopping and delivering food for people.

Instacart in Florida

Florida Hate Crime Laws

April 9, 2018 | Wolfson & Leon

b5O_bNt_400x400 The Miami Beach Gay Pride mission statement is aimed towards bringing together the people of the lesbian, gay, bisexual, and transgender community, as well as their allies, supporters, and friends to celebrate the incredible culture and spirit of the LGBTQ community. The event is celebrating its tenth anniversary this year and organizers expect even more than the estimated 135,000 attendees of 2017. While much of the focus remains on enjoying the event, it is also important to remain vigilant against all forms of hate crimes. We, as a community, must always remember that no one counts unless everyone counts.

At Wolfson & Leon, our hate crime injury lawyers in Miami have helped victims who were seriously hurt since 1963. Our service to the community has always included those who were injured or worse due to hate crimes. All too often, crime victims who suffer injuries or families who lose a loved one to a criminal act feel that there is no possible way to get any measure of justice. But in some cases, knowledge of the law and how to conduct a thorough investigation will shine the light on a potentially responsible individual or company who was not apparent at the time of the crime.

If you need additional information on hate crimes and the organizations that exist to help, we would suggest you consider the following:

Florida’s Crime Clock

April 9, 2018 | Wolfson & Leon

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In Florida, extensive statistics are kept by law enforcement. In theory, those statistics are used to measure performance, effectiveness and for the deployment of resources. In addition, crime statistics can be informative for political purposes. But it is always a good idea to look at any statistical analysis with a cautious eye. One must always consider what is being measured and, especially, what is not being measured. With that in mind, we look at Florida’s Crime Clock as promulgated by the Florida Department of Law Enforcement.

In the most recent version of the Crime Clock, the year 2016 is examined. Again, with a grain of salt, the results are interesting and informative. Crime clearly remains a serious problem here in Florida. Here are some of the results:

There is an aggravated assault committed every 9 minutes in Florida

Marsy’s Law – Florida Crime Victims’ Rights

February 12, 2018 | Wolfson & Leon

proof3-300x200 Being a crime victim or someone close to a deceased crime victim is a difficult and life – changing experience. The world doesn’t look the same anymore. Suffering attack on your life, personal freedom, sexual freedom, safety, property, or anything else, means that the trust in others you once had is now shaken, or completely lost. After the unfortunate event, crime victims are in a very specific mental and emotional state: at the same time, they eagerly seek for justice, and criminal procedures are overwhelming for them. While they do their best to help the investigation, it is struggling to relive the criminal event repeatedly.

Overall, the United States provides a crime victim a significant position in the criminal procedure by entitling them to many rights. Each state can widen the scope of these rights further, and they often do that. Crime victims cooperate with investigation by giving valuable information to authorities, and later testify in court, but they also have the right to be informed, to be present, and to be heard when relevant, at all crucial stages of criminal proceedings, so long as exercising their rights doesn’t interfere with the rights of the accused.

It might look as if victims are in a very comfortable position in criminal proceedings, but the big picture is different. If you take a closer look at the laws, you’ll notice that in the US Constitution and every single state constitution have enumerated rights for accused and convicted individuals. Entitling them to these rights is in the spirit of modern civilization and democratic values, as it provides for fair procedure and shouldn’t allow anyone to be convicted in unfair trials. Whereas, the US Constitution and fifteen state constitutions haven’t enumerated crime victim rights yet. While accused persons have more than twenty rights listed in the US Constitution, crime victims have none yet.

Panic Buttons for Miami Beach Hotel Workers?

January 19, 2018 | Wolfson & Leon

proof3-300x200 Miami Beach could be the next town to promote usage of handheld panic buttons for hotel workers. Following the example of other cities, including Chicago and Seattle, hotel workers could be provided with an alarm for protection against sexual harassment and assaults. The proposal aims to introduce a portable panic button that will be connected to the hotel security system. In case of an assault or harassment, the push of the button will inform the security about the attack and will allow them act as expected.

Although sexual harassment and assault has always existed, now people speak about it louder than before. This issue has been put under the carpet for very long, but now many sexually harassed people raised their voice against predators. The #MeToo movement obviously encouraged many victims to speak out about things they’ve been silent about for various reasons. It added fuel to the smothered fire, making changes imminent. Panic buttons for hotel workers are just one of the changes that must be addressed.

Miami hotel workers understand that sexual harassment is very common in their everyday work. Acts vary from seemingly innocent compliments to massage requests and open sex requests. Hotel workers live under stress that the next guest they meet might behave inappropriately. Being mostly women and working alone are not the only reasons why hotel workers are particularly vulnerable to harassment.

Driving While Texting Legislation in Florida

January 18, 2018 | Wolfson & Leon

Unfortunately, it is common to see many people drive around Florida roads with their eyes fixed on the phone screen and typing with their thumbs, while not paying enough attention to what’s going on in front of them. Although everyone knows about the dangers of this habit, no one seems to care. Maybe it has something to do with driver’s carelessness, or maybe with weak Florida texting while driving laws as well. Unlike most American states, in the Sunshine State, a police officer cannot pull you off for doing any activity with your phone, no matter how dangerous it is.

Now that is about to change. A new bill aiming to hit drivers’ damaging texting habits and save lives from distracted driving is expected to be passed in the next few days. It will make texting while driving a primary offense, allowing law enforcement officers to stop reckless drivers guilty of this offense. With that, Florida will join other 43 states that regulate this issue in the same manner.

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Existing Florida Texting and Driving Laws

Safely Aboard the Brightline Train

January 12, 2018 | Wolfson & Leon

South Florida residents are about to get a solution to the infamous Florida congested traffic, as Brightline officials have announced that they are going to offer the region an alternative to the jammed roads. It is an intercity express train service that aims to connect South Florida cities within a one-hour commute. In the beginning, they will serve only the route between Fort Lauderdale and West Palm Beach. Miami will be added soon. Eventually Brightline has plans to expand further into the Sunshine State. A Miami – Orlando route is scheduled for 2020.

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All Aboard Florida, a subsidiary of Florida East Coast Industries, developed Brightline. This is the first ever privately-owned train service initiative in the United States in the 21^st century, and only the first in the country in 25 years. The last one closed in 1983, when Rio Grande Zephyr ceased operating between Colorado and Utah.

Now, the old-fashioned way of transport is making a comeback in Florida, giving passengers all the advantages of the old vibe travel along with several modern amenities, such as free Wi-Fi internet, fully automated bathrooms, among others.

Improper Floor Maintenance Leads to Slip and Fall Accidents

January 8, 2018 | Wolfson & Leon

Have you ever slipped and fell in a store? Then when you look you don’t see anything on the floor and wonder what happened. Like most people, you might feel embarrassed laying on the floor and start to think it was your fault. But it might not be after all. The Florida slip and fall lawyers at Wolfson & Leon in Miami may be able to help you prove that your slip and fall was actually caused by the store’s negligent maintenance procedures.

slip-and-fall-lawyers-300x184 The determining factor that causes a person to slip and fall is oftentimes improper maintenance. Many cleaning compounds are based in soap or detergent. These materials use surfactants which are molecules that bring together grease and particles in a process commonly known as emulsification. This enables the grease and dirt to be washed up and away. But soap film can develop when the surface pore grease binds with the soap molecule residual. Polymerization can result when the soap film is further compounded by contaminants, minerals and soil. Soap or detergent-based products can produce and leave a soapy residue that may become slippery when wet. This can directly contribute to slip-and-fall incidents.

When a mop solution (water containing detergent) is applied, it emulsifies the soil and releases it from the surface. While suspended in the solution, the loosened soil should be easily removed by the mop, transferred into the dirty bucket and discarded. If pickup is incomplete, the soil-laden solution settles into the low spots on the floor. The water evaporates, leaving a residue of detergent and soil particles that attach firmly to the surface. Over time, if this cycle of incomplete cleaning is repeated, soil and detergent buildup becomes substantial and visible, especially when wet. Continuing such “slop mopping” can result in spreading this buildup to the remainder of the floor area.

Florida Hotel or Resort Accident – What You Should Know

January 2, 2018 | Wolfson & Leon