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June 2014 Archives

Slip and Fall Injury at a Florida Mall

South Florida has some of the most interesting and enticing malls in the country. However, what happens when a person goes to visit a mall and falls in one of the common areas or store fronts? Unfortunately, this situation happens every day and some of the injuries are so severe that they may irreversibly change a person's life.

FMCSA Proposes Shift to Electronic Logbooks to Reduce the Number of Fatigue-Related Trucking Accidents

Truck driver fatigue is widely acknowledged as one of the most significant factors in fatal tractor-trailer crashes. While the Federal Motor Carrier Safety Administration (FMCSA) has promulgated daily and weekly limits on the number of hours that commercial drivers can operate a large truck to reduce the role of fatigue in causing collisions, these rules are widely disregarded. Current hours of service rules limit commercial drivers from operating a tractor-trailer for more than 11 hours per day and mandate a 34 hour rest break after 60 hours of driving in a week.

Cruise Ship Accident Kills Two Dockworkers

At the beginning of April, two dockworkers were assisting the Royal Caribbean ship Independence of the Seas in releasing its moorings and departing from the Caribbean island of St. Kitts. According to passenger reports, the two workers were in a small boat and were working to remove the final mooring lines. Statements indicated that the Independence of the Seas moved out before the men were free of the ship, with tragic consequences.

El Riesgo de Muertes Planteadas por Accidentes de Coque de doble a la izquierda de Motocicleta en la Florida

Con el clima de verano que se acerca rápidamente, la temporada accidente de motos al girar a la izquierda casi ha llegado. Mientras que el clima cálido hace que conducir una motocicleta sea atractivo, muchos conductores aún no están acostumbrados a mirar hacia fuera por las bicicletas en las primeras semanas del verano. Los motociclistas deben ser más cuidadosos cuando viajan en las primeras etapas del verano mientras que los conductores de vehículos de pasajeros se acostumbran a compartir la carretera con los vehículos de dos ruedas. Nuestros abogados de accidentes de motocicletas en Miamisaben que uno de los tipos más comunes y peligrosos de accidente de moto durante este período queda a su vez los accidentes de motocicletas.
A su vez, un accidente de motocicleta a la izquierda a menudo se produce cuando el conductor de un automóvil, camión o SUV sale de un estacionamiento o en la entrada y marca a la mano izquierda y gira sin verificar adecuadamente por las motocicletas.

Will Hair Follicle Drug Testing Reduce Rear-End Trucking Accidents?

When you are involved in a rear impact trucking accident, you can suffer devastating permanent injuries because of the enormous force caused by a motor vehicle that weighs up to 80,000 pounds. When an 18-wheeler rear-ends a small passenger vehicle that has stopped for a stop sign, red light or traffic congestion, driver inattention and impairment by an intoxicating substance constitute the most common causes of these crashes. Because many trucking companies use a compensation system based on the miles traveled, commercial drivers have a strong incentive to disregard hours of service (HOS) rules that are designed to reduce the risk of fatigue based trucking accidents. Sometimes commercial drivers resort to use of stimulants like methamphetamine so that they can drive longer. Our Miami trucking accident lawyers know that while driver logbooks are theoretically designed to provide a deterrent to HOS violations, drivers can frequently manipulate these records.

Florida Tractor-Trailer Accidents: Semi-Truck Brake Failure

Although the most common cause of motorists being rear-ended by tractor-trailers is unsafe driving practices like distracted driving, impaired driving, speeding or following too close, some rear impact tractor-trailer crashes are caused by lack of proper vehicle maintenance or defective braking systems. A study conducted by the Federal Motor Carrier Safety Administration (FMCSA) found that nearly 30 percent of all trucking accidents are caused at least partially by brake failure. When an 80,000 tractor-trailer slams into your vehicle without properly functioning brakes, the result is often catastrophic injuries like spinal cord injuries, traumatic brain injuries and even wrongful death.

Florida Slip and Fall Accidents Involving Seniors

Slip and fall accidents in grocery stores, restaurants, bars, malls and on other commercial, public and residential premises are among the most misunderstood types of personal injury claims. Media sources and the insurance industry often minimize the seriousness of a slip and fall accident as more damaging to the ego than the human body. Many such depictions even suggest that fall victims' injury claims are exaggerated or fabricated. The reality is that slip and fall accidents can cause devastating life-altering injuries. With the average age of the U.S. population growing, the high risk of permanent injury to seniors from falls caused by the failure of property owners to clean up or warrn of slippery floors poses a significant cause for concern as trip and fall hazards.

Politicians Starting to Push for Transparency in the Cruise Industry

The cruise line industry brings in large amounts of revenue for the companies that operate the various ships. However, the corporate structure of cruise lines and the international registration of vessels make it very difficult to regulate the standards to which cruise ships must be held, especially with regard to safety on board the ship and the suitability of the crew for their jobs. Our Miami cruise ship injury lawyers believe this lack of oversight has led to many serious problems, including a high crime rate and many tragic accidents. It appears that the degree of risk to cruise passengers finally may have triggered a political response by the United States.

Tracy Morgan and the Dangers of Tired Truck Drivers

Everyday, on our nation's highways, large trucks, some weighing as much as 80,000 pounds, are involved in crashes. Plaintiff lawyers and victims of accidents involving 18- wheelers have been lobbying for years to get reasonable limitations on the amount of hours an interstate truck driver can work without prescribed rest periods. Last July 1 (2013) new rules enacted by the Federal Motor Carrier Safety Administration (FMCSA) went into effect to hopefully limit the number of crashes caused by truck driver fatigue, found to be the leading cause of truck accidents. Some of the provisions of the law are being questioned by lawmakers who hope to reduce the restrictions. Perhaps Tracy Morgan's well publicized accident will be the beginning of more safety restrictions and hopefully will save more lives.

Am I Entitled to Damages in a Left Turn Motorcycle Accident Lawsuit If I Was Speeding?

While any motorcycle enthusiast recognizes the vulnerability of riders to the unsafe driving practices of other motorists, this may not be sufficient to discourage a rider from speeding. The power of a motorcycle is part of its allure, so it is hardly surprising that riders sometimes violate the posted speed limit. Our Miami motorcycle accident lawyers know that some injured motorcyclists presume that the fact that they received a speeding citation means that they cannot recover financial compensation for their medical expenses, lost wages, pain and suffering and other damages following a left turn motorcycle accident. Although the fact that a rider was speeding may impact the amount of damages recovered in a lawsuit, the speeding violation will typically not be an absolute bar to a claim.

Lifeboat Accident Demonstrates Safety Problems on Cruise Ships

In February 2013, the Thomson Majesty was in the midst of a seven-day cruise arriving in Santa Cruz de La Palma when it conducted a safety drill involving the 1,498 passengers and 594 crewmembers on board the ship. At the end of the exercise, (which involved instruction regarding how to deal with general emergencies and lifeboat safety), a group of crewmembers entered three lifeboats in order to conduct further safety drills. When one of the lifeboats was being hoisted, the wire rope fall at the forward of the boat failed, leading to a series of events that culminated with the lifeboat falling more than 20 meters into the water with eight crew members onboard. Five crew members died. The safety report was recently released regarding this fatal accident.

Trucking Collisions Not Your Typical Rear-Ender

Insurance companies routinely dismiss the severity of rear-end collisions as "low impact crashes." This biased representation of the severe injuries that can result in rear impact crashes is misleading. However, this image is especially inapplicable to the damage that can result from a rear-ender where the vehicle that slams into you is a forty ton fully loaded tractor-trailer. The force of impact caused by an 80,000 pound commercial truck crashing into a 3,000 pound passenger car that has stopped for traffic is both predicable and devastating. Our Miami truck accident lawyers know that when a fatality occurs in a trucking accident, 98 percent of the time the victim is someone other than the driver of the big-rig, such as occupants of the smaller vehicle, bicyclists or pedestrians.

Las colisiones de camiones no es el típico accidente de parte posterior

Las compañías de seguros rechazan sistemáticamente la gravedad de las colisiones por alcance como accidentes de bajo impacto. Esta representación sesgada de las graves lesiones que pueden resultar en choques de impacto trasero es engañosa. Sin embargo, esta imagen es especialmente aplicable a la matanza que puede resultar de una parte posterior donde el vehículo que choca contra usted es un montón de cuarenta toneladas de carga del tractor de remolque. La fuerza del impacto causado por un camión comercial de 80,000 libras al chocar contra un carro comercial de 3,000 libras que se ha detenido por el tráfico es a la vez predecible y devastadora. Cuando una muerte ocurre en un accidente de camión, el 98 por ciento de las veces la víctima es una persona distinta del conductor de la gran plataforma, como los ocupantes del vehículo más pequeños, ciclistas o peatones.

Why You Need an Experienced Miami Slip and Fall Attorney

When someone is injured in a slip or trip and fall in a grocery store in Miami or the surrounding areas of Florida, they can suffer painful debilitating injuries, such as fractures, head injuries or back injuries. While those who fall because of a damp floor or a "transitory foreign substance" might be legally entitled to money as compensation, these cases require a careful investigation and analysis of the facts. The Florida Supreme Court defined the phrase "transitory foreign substance" in Owens v. Publix Supermarkets, Inc., 802 So.2d 315, 317 (Fla. 2001) as "any liquid or solid substance, object or item located where it does not belong." The Owen decision essentially created a rebuttable presumption that a premises owner had failed to maintain his or her property in a reasonably safe condition if a transitory foreign substance was present on the floor. However, the law has shifted since this decision, so a skilled and experienced Miami slip and fall attorney is essential to gather the evidence to prevail in these fact intensive cases. Think of it this way. No store owner is responsible for following every customer to insure that they do not spill something which might cause another to fall. That burden is too high. But, what store owner's must do is have a program in effect to periodically check for potentially dangerous conditions, block them off, warn about them and clean them as soon as possible.

FAQ's About Florida Hurricane and Windstorm Claims

With hurricane season rapidly approaching, Florida homeowners likely have several questions concerning their hurricane and windstorm insurance coverage. The following is a list of frequently asked questions about hurricane and windstorm claims, intended to provide you with an initial understanding of some vital facts about this special insurance coverage. 

Florida House Passes Citizens Sinkhole Repair Program Bill

The Florida House passed HB 129, commonly referred to as the "Citizens Sinkhole Repair Bill," by a vote of 85-25 on Friday, April 11, 2014. This bill contains several changes concerning Florida's sinkhole law, but only for claims submitted to Citizens. The most controversial piece of the legislation is the "Citizens Sinkhole Repair Program," which will require policyholders of Citizens Property Insurance to choose from contractors approved by Citizens to repair homes that have been damaged by sinkholes.