Facts about Auto Accidents during Memorial Day Weekend to Keep you Safe

12985620-memorial-day-sign.jpg

As Memorial Day approaches, people will be heading to and from our great Florida cities with their families and friends for a weekend getaway. Whether it’s a trip to Disneyworld in Orlando or a day at the beach in Miami, many of us will be on the road, which means a greater risk for auto accidents, especially with drivers behind the wheel after having a drink or two at that weekend barbecue.

Holiday travel in on the Florida roads can be hectic enough with all the traffic, but an auto accident can be a big speed bump on the road to your long weekend. According to a Florida Highway Safety and Motor Vehicles report, there were 22 fatalities due to car crashes on Memorial Day Weekend in 2009. That same year, May was the 2nd highest month for total crashes, with 20,688.

We want you to have a safe and fun-filled weekend, so here are some tips to help you and your loved ones stay safe when you’re on the road:

• Try to avoid driving during the busy, gridlocked times of the weekend (i.e. Friday after work) when everyone will be heading out for vacation • Always put your seatbelt on before driving, and be sure that your children are buckled up • Do not text while driving, as distracted driving can also lead to an auto accident • If you’re on the highway or turnpike, remember that a lot of people will be on the road as well, so keep a safe distance between your vehicle and the vehicle in front of you • Obey all traffic laws, speed zones and proceed with caution in areas of the road with heavy construction • Avoid driving late at night, when drunk drivers are more likely to be out on the road
• If you decide to drink, do so responsibly and do not drive
The Florida Highway Patrol also has helpful tips to help make your holiday travels easier and safer. If you are involved in an auto accident this weekend, be sure that you know what to do and consult with a Florida auto accident attorney Florida auto accident attorney to handle your case. Stay safe and have a great Memorial Day weekend!

Wrestler “Macho Man” Randy Savage Dies in Florida Auto Accident

On Friday, May 20, wrestling legend Randy “Macho Man” Savage, a two-time champion known for his vibrant style, his “Oh Yeah” catch-phrase and his ad campaigns for Slim Jim, passed away in an auto accident in Florida. He was 58 years old.

Yahoo News and the Sun Sentinel reported that Savage, born Randy Mario Poffo, was near his home in Seminole, Florida when his vehicle lost control. Though an autopsy will likely be performed to determine the cause of the crash, Savage’s brother Lanny Poffo said that he suffered a heart attack while driving his Jeep Wrangler which went over a concrete median and into oncoming traffic before slamming into a tree. Both savage and his wife, Barbara Lynn Poffo, were wearing seatbelts.

Watch the video on the Macho Man’s tragic death from CBSNews:

 

 

Auto accidents occur every day, leaving the parties involved with serious, sometimes fatal, injuries. They can be caused by human error, intoxication, texting while driving, or even a vehicle defect and can be very stessful if you don’t know what to do after an accident. If you have been involved in an auto accident and you have questions, contact our offices.

It’s Dog Bite Prevention Week! Some Safety Tips for South Floridians

14938608-young-woman-with-labrador.jpg

This week (May 15 -21) is Dog Bite Prevention Week, and with South Florida’s great weather, beaches and parks, it’s an ideal place for dog lovers to take their lovable, playful pups for a stroll. A recent press release from State Farm, however, showed that not every dog’s bark is worse than its bite.

According to the press release, Florida ranks 7th for dog bite claims in the US. Furthermore, as Yahoo News noted, Florida had the highest average payout last year, at $38,356 per claim.

Dog bite accidents can result in serious injury and, in spite of well-trained dogs and Florida’s tough statute, dog bites are a common occurrence. The American Veterinary Medical Association (AVMA) notes that 4.7 million people in the U.S. are bitten by dogs every year, with the most common victims being children (the elderly being 2nd most common). Interestingly, dog bites to children usually occur with familiar dogs during everyday activities.

Here are some tips, care of AVMA and State Farm, to prevent dog bite accidents:
• Teach young children to be careful around pets • Ask permission of a dog’s owner before petting, or allowing a child to pet, a dog • Never leave babies or small children alone with a dog
If you’ve been injured as a result of an animal or dog bite, our attorneys are ready to help.

Florida House Passing Bills to reform Medical Malpractice, Healthcare Lawsuits

13645973-healthcare-bill-headline-collage.jpg

The Florida House of Representatives has been busy this month, with several bills to that, if made into laws, will affect medical malpractice cases. The Orlando Sentinel and Bloomberg Businessweek reported on the bills passed this session which may be detrimental to victims of negligence and medical malpractice.

One bill (HB 479) restricts the use of expert witnesses by requiring certificates for out-of-state experts to provide expert testimony. Another bill (HB 661) places a $300,000 cap for pain and suffering damages for wrongful death claims in nursing home cases.

According to Businessweek, proponents applaud these efforts to make Florida more pro-business and cut unnecessary costs associated with malpractice, while critics fear that plaintiffs’ claims will be faced with more barriers to relief for their damages. The Orlando Sentinel noted that while supporters of these bills note that Florida has faced difficult times with recruiting and retaining physicians, especially with higher premiums in Florida compared to most states, studies showed that the number of malpractice lawsuits and payouts in 2009 dropped since 2004 and the sizeable uninsured population and lack of residency-training programs in Florida were primary factors for the lack of physicians.

Nevertheless, changes are being made which will affect the way lawsuits are handled. Attorneys are constantly faced with adapting to new statutes and case precedent, creating new strategies to properly approach every case, especially in the wake of changing governance. We will continue to educate you, as well as ourselves, on new developments and changes to our legislation, so that we can continue to serve you in an intelligent and ethical manner.

Lessons to Learn from Recall of Florida-grown Tomatoes

Florida is home to a wide variety of fresh produce and meats. With its incredible climate and vast land, South Floridians can find many locally-grown products at their neighborhood grocery store. However, products from our state – like any other – are susceptible to recalls for food-borne bacteria.

The Sun Sentinel recently reported that a product recall on grape tomatoes, which may contain salmonella, grown by Florida-based Six L’s Packing has expanded to include vegetable platters sold by Mann Packing of Salinas, California. According to the story, the platters contain sell-by dates of May 9 and 16, and while a spokeswoman for Mann Packing said that none of the platters were sold at retail stores in Florida, neither the amount of platters sold in Florida nor their buyers could be identified. In a press release earlier this month, the FDA provided a detailed list of retailers and their products which carry the tomatoes. Watch the story on the initial recall, reported by KRQE News 13:

 

 

Exposure to contaminated foods can lead to serious illness and even death. Here are just a few tips recommended by Prevention.com on avoiding exposure to salmonella from produce:

• Do not purchase bruised/damaged produce • Throw away rotten produce • Cut away bruised/damaged parts of produce
Consumers can’t be too careful when it comes to what they eat. According to Medline Plus, 76 million people in the US get sick from contaminated food, with symptoms ranging from upset stomach to dehydration.

If you have been exposed to salmonella or other contaminations, seek medical assistance immediately. Contact the FDA to notify them of the potentially harmful product so that they may further investigate the matter. If you believe that you have a claim, consult with an attorney.

Cruise Ship Passengers Killed, Seriously Injured in Accident

1393746-view-from-the-cruise-deck.jpg

Last week, two cruise ship passengers were involved in a jet ski accident in the Bahamas. According to My Fox Orlando, one of the passengers was killed, while the other was seriously hurt and taken to a hospital. Their identities have not been released.

As Florida Today reported, the vessel, Carnival Sensation, set sail from Port Canaveral, Florida on Thursday, May 5 and returned on May 9.

As summer approaches, vacationers will be flocking to Florida’s many ports for the getaways to the Bahamas, Mexico, and other extravagant destinations. However, accidents aboard cruise ships can happen to anyone. They can vary from incidents such as food poisoning to an accident which can cause injury or even death such as falling overboard or, as with the passengers aboard the Carnival Sensation, an accident during recreational activities like jet skiing or snorkeling. If you have been injured while on your cruise, consult with an attorney to discuss your options.

New Florida Bill on Product Liability Claims for Auto Accidents and what it Means to You

10454475-florida-state-capitol-tallahassee.jpg

Last week, the Florida House of Representatives approved a bill which will have a significant impact on Florida auto accident cases. The Miami Herald reported that this bill was approved by a large margin of 80-35 and is on its way to Gov. Rick Scott.

Under the bill, SB 142, juries must consider the fault of every contributing party to the accident when apportioning damages for products liability claims against auto makers. According to the Herald, this bill will do away with the D’Amario v. Ford Motor Co. decision in 2001 which held that, “evidence of the primary cause of the cause of a crash, such as driver error or drunkenness, cannot be introduced in product liability cases.”

So what are the pros/cons of this bill? What does this mean for Florida plaintiffs in auto accident cases?

Proponents argue that this pro-business bill will open doors for more auto makers to set up shop in Florida and allow juries to consider all evidence before having auto makers pay up for product liability claims. On the other hand, critics of the bill are concerned that big businesses will not be held accountable for potentially defective products which will effectively pass the buck to Florida tax payers.

Though this will be an additional hurdle for product liability claims against auto makers, victims of auto accidents will still have their day in court and our lawyers will continue to pursue legitimate claims and fight vigorously for our clients’ rights. Our hope is that this bill will further educate, rather than confuse or distract, jurors with all the facts necessary to appropriately apportion liability and damages.

South Florida Cruisers: Know the New Requirements of the Cruise Vessel Security and Safety Act

5495905-cruise-ship.jpg
South Florida is a hot spot for vacationers around the world. With its many ports and headquarters for popular cruise lines such as Norwegian and Royal Caribbean, it’s also a starting point for thousands of cruise voyages every year. According to an industry overview by the Florida-Caribbean Cruise Association, 15 million passengers cruised in 2010, with over 11 million of those passengers being North American.

With cruises gaining popularity every year, cruise ship accidents are also on the rise. That’s why Congress passed the Cruise Vessel Security and Safety Act last July.This Act was designed to promote safety and security on cruise ships through increased requirements for cruise liners. Some of the requirements, as highlighted by Frommer’s, include the following: (1) 42-inch guard rails on open decks (2) rape kits and a forensic sexual assault specialist be present on board, and (3) on-deck surveillance systems. This legislation was a necessary step toward passenger safety, as evidenced by the number of cruise ship accidents reported every year. According to CruiseJunkie, 19 cruise passengers and crew fell overboard last year.

So when you set sail this summer, be sure that you familiarize your vessel’s safety guidelines and the Cruise Vessel Act. Your safety is of utmost mportance and should not be compromised.

I-4 Tractor Trailer Fire in Orlando Causes Chain Reaction

1042539_truck_delivery.jpg
Orlando police had their hands full on September 8, 2010 around 8:30pm after a tractor trailer burst into flames on I-4, bringing Wednesday night traffic to a screeching halt. The accident happened on the Westbound side of the interstate after drivers signaled for a semi truck driver to pull over after noticing sparks shooting out from underneath the big rig.

The tractor trailer driver attempted to pull off the road, but the truck was already on fire. The driver was unharmed and emergency crews arrived on the scene and worked to extinguish the flames. As they did, a second accident occurred near Fairbanks Avenue, causing two other cars to catch on fire. Both accidents were cleared just after 10 p.m. It was unknown if anyone was inured in either of the accidents.

Two other crashes that same night kept local authorities very busy as well. Police suspect that wet road conditions may have contributed to the spike in the number of accidents, including one in Daytona Beach in which a car hit a power pole.

Tractor trailer accidents in Florida can be very deadly, particularly when they involve collisions with passenger vehicles. A skilled auto accident attorney can help you fight for damages after an accident involving a big rig. Many times, driver error or vehicle overload can cause accidents on the interstates and negligent drivers and their companies must be held responsible. Contact a lawyer today to find out what your options are regarding recovery for medical bills, pain and suffering and lost wages.

Bernie Mac’s Widow Suing Dermatologist for Wrongful Death

BernieMac.jpg
The widow of the late comedian Bernie Mac has filed a wrongful death lawsuit against his dermatologist in Chicago. Rhonda McCullough is alleging that Dr. Rene M. Earles failed to call emergency medical services on July 17, 2008 and instead held Mac at his South Side clinic for nine hours, causing a chain of medical events that would lead to his eventual death from pneumonia weeks later.

According to the Sun-Times Newspaper, McCullough claims that Earles “failed to recognize cardiopulmonary instability in Bernie” and “failed to recognize and act upon abnormal vital signs and signs of respiratory failure” during his visit in July. At the time, Mac was being treated for lesions on his head, face and neck that were caused by sarcoidosis, the inflammatory lung disease that the actor had been suffering from for more than 20 years.

Earles stated that although he had a cold, Mac seemed healthy enough for the treatments. Earles had been administering the same treatments for more than two decades and felt confident that the actor was able to go through with the therapy. Earles gave Mac oxygen around 2:30pm and let him sleep until 6:30pm. After that point, he noticed that Mac had a low-grade fever, was breaking out in a rash and was wheezing. He stabilized him and administered medication to help him breath easier.

Mac was able to leave the clinic on his own, just after 10pm and a limo took him to the hospital. Mac died from complications related to pneumonia on August 9, 2008. His wife is seeking $50,000 from Earles.

Wrongful death lawsuits are difficult at best. It takes a skilled attorney to be able to prove these cases and stand up to medical facilities and insurance companies who have teams of attorneys on their side. Contact a wrongful death lawyer to discuss your case today.