Miami Personal Injury Attorney Blog

Car Submerges in Lake Leaving Four Drown – How to Escape a Submerging Car

January 3, 2013 | Wolfson & Leon

DEERFIELD BEACH – January 2, 2012 – A three car accident tragically resulted in the death of three people and left one on life support. A Lexux SUV ended up in the water, completely submerged.

The accident happened on the Southbound side of Interstate-95 near Hillsboro Boulevard. The victims were in cardiac arrest. Three are dead and one is on life support after the crash. The three were in cardiac arrest after a Lexus SUV became completely submerged in a Deerfield Beach lake. The dead that were taken from the scene in cardiac arrest were two women and a man. Later, divers recovered the body of a 15 year old girl. Investigators were trying to figure out if the girl was the individual who was missing following the accident. This was a truly devastating loss.

In the above case, the cause of the crash was unknown. Certainly, following a crash like this, accident homicide detectives will collect and analyze evidence from the scene. And it will take time for them to produce an accident homicide report pursuant to their protocol.

Flashing Lights to Warn of Speed Traps & Sobriety Checkpoints is Now Legal – Good Idea or Not?

January 1, 2013 | Wolfson & Leon

MIAMI BEACH – You can now legally flash your lights at oncoming cars and warn them that the police are running speed traps. That’s right, you can warn people that the police are around the corner and to slow down or they will get a ticket.

But there was some question that this was ever illegal. In fact, officers were citing people under Florida Motor Vehicle Statute 316 portions where it is prohibited to have flashing lights on your vehicle. It appears that was a stretch as that law was in place to prevent the general public from having strobe lights on their cars. And a lawyer was rounding up people who had paid fines on that basis to pursue a class action.

The new law that is going into effect appears to be an effort to stall or make moot any civil class action. In any event, if you want to warn folks about speed traps, go ahead and do so.

Drunk Driving Accidents and Statistics

December 28, 2012 | Wolfson & Leon

MIAMI BEACH – Drunk driving is common and a deadly combination around the holidays. It has an impact on our safety on the roads as well as from a more broad, economic standpoint. From a statistical standpoint, it is clear that drunk driving causes damage to people and property. Just take a look:

In March of 2012, the National Highway Insurance Institute for Highway Safety reported that impairment has nothing to do with the type of drink that is drank. Rather, it has to do with the sheer amount of alcohol ingested and the amount of time that is done within.

The National Highwayand Traffic Safety Administration (“NHTSA”) reports that just about every 90 seconds, a person is injured in a drunk driving accident. They also report that, in 2011, 9,878 people died in drunk driving accidents. And, one in three people will be involved in an alcohol related crash in his or her lifetime. That was one every 53 minutes. The NHTSA reports that drunk driving costs our Country about $500.00 per day and 132 billion dollars per year.

Dental Malpractice in West Palm Beach – Pediatric Dentist Hits / Abuses Children

December 27, 2012 | Wolfson & Leon

WEST PALM BEACH – Thomas Floyd, DDS has had his license suspended. He was arrested for hitting a 4 year old patient. One mother, Shayla Barnes, reported that several of her children were abused. Another allegation was from a 7 year old girl who indicated that she was told to shut up and that Dr. Floyd stuffed a dental bib in her mouth, grabbed her by the hair, and pushed on her forehead to hold her back in the chair.

Cases like this are uncommon. And when children are involved, they are especially upsetting. Cases against dentists are subject to the notice, service, and stringent expert requirements of Florida’s Medical Malpractice Laws. Similarly, there are caps to recovery. When there is unnecessary treatment or treatment for which consent was not obtained, it is usually grounds for recovery.

Now, many times, especially in dental cases, lawsuits are not warranted because the damages do not live up to the amount of time and money that needs to be invested to pursue a case for dental negligence. However, in such a case, one can file an administrative complaint against the dental practitioner’s license. To file a complaint with the Board of Dentistry like many of the parents (about 50 or so) did against Dr. Floyd, go to http://doh.state.fl.us/mqa/enforcement/enforce_home.html.

Homestead Rear End Accident – City at Fault and Pays $68,000.00

December 23, 2012 | Wolfson & Leon

HOMESTEAD – An on-duty Homestead police detective rear-ended a Chevy Malibu back in November of 2011. The cop was driving a Chevy Silverado truck which hit the Malibu from behind. The Malibu then hit another car in what became a three car accident.

Aparrently one person went to the hospital from the scene. And the injuries complained of in the accident consisted of neck pain. The Homestead City Council voted to accept the resolution of the case on Wednesday, December 19, 2012.

Lawsuits against City Government are governed by Florida Statute. Government has “sovereign immunity” that can be waived only by the legislature and in the manner set forth by the Legislature. The Florida Legislature waived such immunity with limits to recovery, specific notice requirements, and service requirements. Florida Law requires notice to the governmental entity within three years of the acident and two years for a wrongful death case And, no lawsuit can be filed until six months after notice is given. A lawsuit must be filed within 4 years from the accident if it is a personal injury negligence case. And, the current limits on recovery against a City or other governmental entity are $200,000.00 per person and $300,000.00 per accident.

Hollywood Truck Accident on Turnpike – Good Samaritan Saves Life

December 21, 2012 | Wolfson & Leon

HOLLYWOOD – A pickup truck caught fire with a trapped passenger on Tuesday, December 18, 2012. It happened on the Florida Turnpike. 20 year old Evan Hanna ran to the scene of the accident and saved the life of the driver of the truck. The truck accident happened when the truck went off the northbound lanel, hit a fence, and struck two parked cars before finally crashing into a house. The accident happened just after 1pm.

Now, people worry sometimes that if they try to help and they make a mistake, they could be liable for any damage they cause. But don’t worry, because Florida has a good samaritan law that tracks common sense and gives immunity from any civil liability for trying to help under an emergency situation. We will cover that in another post.

Second Amendment – Right to Bear Arms and Our Collective Safety

December 20, 2012 | Wolfson & Leon

MIAMI BEACH – Certainly, guns and the right to bear arms will always be a topic of heated debate. With everything that has been said and opinions abound, it is interesting to simply read the Constitutional amendment from which any debate must begin.

The Second Amendment was adopted on December 15, 1791 along with the rest of the Bill of Rights. It was ratified by the Secretary of State, Thomas Jefferson. It provides that:

“A well regulated militia being necessary to the security of a free state, the right of the people to keep and bear arms shall not be infringed.”

New License Plate Chosen in Online Poll – Legibility of Plates Helps Catch Hit and Run Drivers

December 19, 2012 | Wolfson & Leon

MIAMI BEACH – Following a poll, Floridians have chosen a new license plate tag. The poll was done online. The plates have seven characters so that the State does not run out of combinations to distribute. Highway Safety Chief Julie Jones Jones pushed for flat plates so that red light cameras could see them easier. Apparently, a good number of red light violations cannot be substantiated because the cameras cannot read the raised letters and numbers. But the group PRIDE opposed her. PRIDE manufactures the plates with help from inmates. Apparently, they do not have the technology to make a flat plate.

There were quite a bit of complaints about the plates. A photo is attached. They don’t look so bad to us. The main point of a license plate is so that police and others can identify a vehicle. License plates become important following hit and run accidents. Many times, witnesses on the scene write down a plate of a car that hits other cars or pedestrians. Then, the police or a private investigator tracks down the runaway driver. Leaving the scene of an automobile accident with injuries is a crime. But it happens often. The new plates appear to be more legible. From a safety and accountability standpoint, that is all that counts.

Hialeah Hit and Run – Pedestrian Dies from Accident Injuries

December 19, 2012 | Wolfson & Leon

HIALEAH – Sadly, a woman died Tuesday in a pedestrian accdient. She was hit by a truck. The woman was walking on a sidewalk when the accident happened. The accident happened when a truck went up onto the sidewalk and crashed into the woman who was walking. After that, the truck proceeded to go flying back into the street, smashing into a schoolbus. The schoolbus had 16 children on it. The children were unharmed.

Pedestrian accidents like this are devastating. The woman was on the sidewalk and not even on the roadway. The accident happened in front of a shopping center at the intersection of West 16th Avenue and West 53rd Street. When vehicles leave travel lanes and cross into areas where people are walking, personal injuries are often devastating. In this case, the victim lost her life. There is really no way to prevent many accidents like this if you are the pedestrian.

Even if someone is off of a sidewalk or not in the crosswalk, it does not mean that the accident was solely his or her fault. While there are specific laws that govern where pedestrians are supposed to walk which are set forth in Florida Statute 316.130, those who are driving a car have the ultimate requirement to avoid hitting pedestrians. After describing a pedestrian’s duty to abide by traffic laws and walk in appropriate places, Florida Statute Section 316.130(15) provides that “[n]otwithstanding other provisions of this chapter, every driver of a vehicle shall exercise due care to avoid colliding with any pedestrian or any person propelling a human-powered vehicle and give warning when necessary and exercise proper precaution upon observing any child or any obviously confused or incapacitated person.”

Christmas Tree Fires – Statistics and Avoidance

December 18, 2012 | Wolfson & Leon

MIAMI BEACH – This post is about your safety around the holidays. Nobody wants there Christmas tree to burn. You don’t need insurance claims or, even worse, injuries. But it happens. And, it is an easy way to ruin Christmas. But we found some suggestions to prevent this from happening. And some statistics to motivate you to be a safe Christmas tree handler! The National Fire Protection Association reports that:

Between 2006-2010, U.S. fire departments responded to an average of 230 home fires that started because of Christmas trees each year. The fires caused an average of 4 deaths each year and 21 injuries. The total yearly economic loss associated with Christmas tree fires is reportedly $17.3 million in direct property damage.

While Christmas tree fires on not common, they can be very serious according to the National Fire Protection Association. In fact, one out of every 66 reported fires that began with a Christmas tree resulted in death. According to the National Fire Protection Association, one in about five or 18% of fires started due to a heat source too close to the Christmas tree. Another nineteen percent of home Christmas tree structure fires were intentionally set. And about three quarters or 75% of the intentionally set Christmas tree fires occurred in the 15 days after Christmas which makes it likely the fires were due to disposal.