| lazaruslaw-2 | 0 Comments | AUTO ACCIDENTS, DUI DRIVER, Uncategorized

New Evidence Found In Former MLB Player’s South Florida Auto Accident Case

A new videotape has been found which may aid former New York Yankee Jim Leyritz’s DUI manslaughter case which was to begin this September. In 2007, at about 3:19 a.m. in Fort Lauderdale, Florida, police claim that Leyritz was drunk and ran a red light, causing an auto accident and killing 30-year-old Freida Veitch of Plantation.

According to the Miami Herald, the videotape, recorder a half block from the accident from a light pole, reveals a time stamp which is sooner than what has been alleged, and could aid Leyritz’s defense by casting doubt on the toxicology results. The defense says that the earlier time span from which the accident occurred would call to question the effect that alcohol had on Leyritz’s driving.

If convicted, Leyritz could face 15 years in prison. He is currently out on bond awaiting trial which, because of the surfacing of this video, may be postponed until as late as January. Leyritz faced legal troubles earlier in July when his ex-wife accused him of domestic battery.

This story Jim Leyritz is unfortunately one of many similar stories of late putting the spotlight on the consequences of drunk driving in South Florida. In March, professional football player Donte Stallworth pled guilty to DUI in an auto accident in Miami Beach, which resulted in the death of a pedestrian. In July, actor Jeffrey Donovan, star of USA’s hit series ‘Burn Notice’ was also arrested in Miami Beach on suspicion of DUI when he almost hit a police car.

South Florida has been a hot spot for celebrities for many years, from professional athletes to stars of the stage and screen. Florida’s beaches and cities known for their nightlife such as Fort Lauderdale and Miami attract visitors from all over the world. However, average citizens and celebrities alike are all subject to the same laws and regulations. Every person is innocent until proven guilty in our legal system and each case must be looked at under its given circumstances. Florida’s laws are in place to assure us that our streets are safe, and that those violators, whether an everyday resident or a high-profile celebrity, will be punished fairly and without any preferential or unreasonably harsh treatment.

| lazaruslaw-2 | 0 Comments | AUTO ACCIDENTS, BICYCLE ACCIDENTS, DUI DRIVER, Uncategorized, WRONGFUL DEATH

Auto Accident in Fort Lauderdale Kills Cyclist

A cyclist was found dead from an auto accident on Friday, August 28, in an auto accident which occurred shortly after midnight on State Road AIA in Fort Lauderdale. The Miami Herald reported that the cyclist was heading northbound when a Mercedes Benz, also headed northbound, collided with the cyclist.

Police had not released the man’s name because they had yet to notify the family. The cyclist was pronounced dead at Broward General Medical Center. Police continue to investigate whether the driver was under the influence at the time of the accident.

While driving under the influence is speculative in this case, it brings up a concern that Florida drivers are no stranger to. Concerns for drunk driving grow on holiday weekends, such as this weekend’s Labor Day. According to a study referred to in a previous blog entitled “Broward County auto accident puts eight in hospital”, last year there were 36 fatalities on Labor Day weekend, 12 of which were alcohol-related. That same study showed that, in 2008, there were 4,380 bicyclist injuries and 118 bicyclist fatalities in traffic accidents.

The Florida DMV calculates that, in 2006, there were 1,606 DUI convictions in Broward County and 1,824 convictions in Miami-Dade County. Statewide, there were 34,638 convictions. While this reflects an 8 percent decrease from 2005, the numbers are staggering.

However, Florida has enforced strict laws to crack down on drunk driving. Florida’s zero tolerance law enforces an automatic 6-month suspension for any driver under the age of 21 who has a blood alcohol level (BAL) higher than .02. The level for drivers over 21 is .08. The effect is that a driver under 21 in Florida cannot have a single drink of alcohol and get into a vehicle.

With warnings of DUI road stops and increased police force during these weekends, and the risk of serious and fatal injury, drivers are encouraged to do all that is necessary to prevent from driving under the influence. The abundance of taxis in large South Florida cities such as Miami have given drivers a safe alternative. For others, choosing a designated driver or finding activities that don’t involve alcohol will ensure a safe ride home for ourselves and for others as we celebrate a great Labor Day weekend.

| lazaruslaw-2 | 0 Comments | AUTO ACCIDENTS, Uncategorized

Red-light Cameras: a Violation of Florida Law?

Many cities in South Florida have followed a practice that the city of Pembroke Pines put in place last year: installing a red-light camera. However, since then, the question has been raised as to whether this practice conflicts with Florida state law. Several lawsuits have been filed in cities such as Aventura and Miami, with varied results.

The goal of the red-light camera is simple: to monitor the streets of our cities so as to prevent auto accidents and deter drivers from running red lights. The camera takes a photo of the vehicle before it reaches the intersection and after it passes. Another camera takes a 12-second video of the vehicle, which allows police to view the scene and assess whether the violation was necessary and determine whether or not to issue a ticket. Later, drivers can see the evidence online for themselves.

There is also a great financial incentive. Tthe Miami Herald reported that tickets in Pembroke Pines are $125, with American Traffic Solutions, the vendor, taking about $17.50 to $47.50, and the city keeping the rest. One camera in Pembroke Pines, Pines Blvd. and Southwest 129th Ave., has issued more than $100,000 since March. Aventura’s five cameras have brought in almost $1 million, and Fort Lauderdale’s proposed cameras hope to bring $1.8 million.

While proponents of the cameras stress the importance of safety for drivers, while making a few extra dollars amid harsh economic times, critics raise concerns about their due-process rights. In Florida, traffic laws must be uniform across the state. Having varied city camera laws would be a violation of state law. Furthermore, critics raise concerns as to an owner being cited for a violation, rather than the actual driver of the vehicle.

Legislation has been proposed for cameras in the past, but has not passed due to legal concerns. Last year, Legislation tried to legalize the cameras but failed. In 2005, then-Attorney General Charlie Christ noted that local governments had the right to set up cameras, but further added that state law would need to be changed for cities to issue tickets with red light cameras.
Read more “Red-light Cameras: a Violation of Florida Law?”

| lazaruslaw-2 | 0 Comments | AUTO ACCIDENTS, CELL PHONE USE, Uncategorized

Broward County Auto Accident Puts Eight in Hospital

On Wednesday, August 20, the Sun Sentinel reported an auto accident that occurred in Hallandale Beach, where eight people, including two children ages 3 and 7, were sent to the hospital after a three –car collision on Pembroke Road, about 1 block east of I-95. The accident occurred at about 3:30 in the afternoon.

The driver, a man in his 70s, was taken to Memorial Regional Hospital in Hollywood in serious condition. The accident occurred when the driver, heading west on Pembroke Road, crossed into the eastbound lane, crashed into a Lexus, then crashed head-on into a pick-up truck. The cause of the accident is still unknown.

According to the Florida Highway Safety and Motor Vehicles Traffic Crash Statistics Report 2008, the state of Florida had 243,342 traffic crashes last year, down about 5% from 2007. The report shows that Broward County had a total of 26,417 traffic accidents in 2008, with the greatest concentration of accidents on a weekday occurring after noon, between the hours of 3 p.m. and 5 p.m.

Broward County was second only to Miami-Dade in total crashes last year. The risks associated with driving increase in larger metropolitan cities, such as Ft. Lauderdale and Miami. Modern-day distractions (cell phones, mp3 players, etc.) and other factors, such as alcohol/drug abuse, poor vision, and aggressive driving all add to the danger. We have recently written about the issue of cell phone use and driving in a previous article “Does Cell Phone Use cause Florida Car Accidents?” It is clear that cell phone use while operating a motor vehicle can cause drivers to be distracted and distracted drivers can cause accidents.

We all need to make a conscious effort to be safer drivers. Our lives and the lives of our friends and families depend upon it. The Florida Safety Council is one of many great sources of information for tips on driver safety. By knowing the facts and being informed, drivers of all ages can get a better understanding and take more preventative measures to ensure the safety of themselves and others.

| Gary T. Lazarus | 0 Comments | AUTO ACCIDENTS, INSURANCE COVERAGE, Uncategorized

South Florida Citizens To Be Charged Fees For Automobile Accidents

In a misguided attempt to find other sources of revenue, cities throughout South Florida are actually considering charging a fee to those citizens who are involved in auto accidents within their city limits. This month, the town of Davie will likely vote whether to bill non-residents who are involved in automobile accidents in their city.

The Florida Sun Sentinel reports that Davie is defending the fee as “a way of recouping tax dollars that are spent on non-residents”, town spokesman Braulio Rosa said. Davie is considering an average charge of $840.00. Miramar, Plantation and Southwest Ranches are still undecided as to what to charge, if anything, and under what circumstances.

There are those that are worried that this will start a fee war between the cities. The city of Weston has already threatened to respond by passing a similar ordinance if their residents are charged. The American Civil Liberties Union may challenge these ordinances on constitutional grounds. Brandon Herslan, a spokesman for the ACLU of Florida, stated that by singling out non-residents, proposals being considered in Davie and Miramar “raise questions about equal and fair treatment of citizens” and could spur lawsuits.

The cities are responding by saying they will bill the driver’s insurance companies. Michael Connolly, a spokesman for State Farm Insurance, the state’s largest private insurer, responded by saying automobile insurance premiums will rise.

This issue represents a microcosm of the problems that have been caused by the cuts in our state’s budget. These cuts have left local governments in a desperate search to make up the lost funds that they were once receiving from the state. Compounding this problem is the decrease in the local tax base caused by the pop of the real estate bubble and the significant increase in foreclosures.

However, by creating these quasi tax schemes, the citizens of all cities are the ones that are harmed. With the state and national economy causing widespread problems for everyone, it is time for the cities to slash even more fat out of their budgets.

Cities should retain independent companies to analyze their budgets and recommend reasonable cuts that will force the cities to operate more efficiently. Disparate tax schemes, like the one discussed in this article, are not the answer and may in fact be unconstitutional depending on how they are framed.

| lazaruslaw-2 | 0 Comments | AUTO ACCIDENTS, CELL PHONE USE, Uncategorized

Does Cell Phone Use Cause Florida Car Accidents?

Where do you stand on this issue? It seems wherever you go, people are on their cell phone even while driving their cars. This has caused many to wonder whether cell phone use should be permitted while operating a motor vehicle. There are three sides to this issue:
1. A ban on cell phone use by drivers due to the fact that many Florida car accidents happen when a driver is distracted while talking on the phone.
2. No ban on cell phone use due to the opinion that it is possible to drive safely while speaking on a phone and no one should dictate that drivers should not be able to talk and drive.
3. A compromise – allow cell phone use only with a hands-free headset or ear piece.

Earlier this year bills were introduced by Florida Legislators which were aimed at reducing cell phone calls in moving cars, none were passed. One bill was aimed at banning all Florida drivers from sending a call, texting, dialing, listening or speaking on a wireless device without a hands-free device. Another would have banned teen drivers from driving and talking on hand-held devices.

We have found in our practice that there are more and more accidents that are caused by drivers who are on there cell phones and there are statistics that do seem to suggest that legislation is needed. The leading cause of fatalities for teenagers and drivers in their 20’s and 30’s reported by the CDC are car accidents. In addition, it is well known that car accidents also cause many serious injuries to drivers and passengers. The following studies have found a link between fatalities and injuries in vehicular accidents and cell phone use by the drivers:
1. In 2002, the Harvard Center for Risk Analysis study, found that about 2,600 fatalities each year are caused by drivers who are distracted by cell phones at the time of an accident.
2. The California Highway Patrol also conducted their own research in 2001 and found that during a nine month period 4,699 car crashes were linked to drivers distracted by their cell phones.
3. Another study conducted by the University of Utah found that drivers using cell phones had the same response times as drunk drivers. The drivers using cell phones, the research revealed, were 9% slower to brake and 19% slower to return to normal driving speeds.

It’s almost impossible to believe that our Florida legislature decided five years ago to make it illegal for local jurisdictions to ban cell phones. The studies listed and data from our own Florida Department of Highway Safety and Motor Vehicles reveal that in 2006, 26 car accident fatalities and 1,364 car accident injuries in Florida involved driver distractions. We all need to let our legislature know that the citizens of Florida want their streets and highways to be safer and legislation that limits the use of cell phones while operating a motor vehicle will help to accomplish that goal. This is not about convenience or taking away our rights, it is about saving lives that are needlessly cut short as a result of drivers who are unnecessarily distracted while operating a vehicle.

| lazaruslaw-2 | 0 Comments | AUTO ACCIDENTS, BICYCLE ACCIDENTS, MOTORCYCLE ACCIDENTS, PEDESTRIAN ACCIDENTS, Uncategorized

Florida Personal Injury Checklist

You are driving down the road in Broward County, wearing your seatbelt and obeying all traffic signals and laws. The last thing you thought would happen is a car running a red light and striking your vehicle at the intersection. You advise the Officer at the scene of your statement and the other driver is cited at fault for the accident. You are injured so you go to the ER. You are waiting to be seen and so many things are running through your mind…am I going to be OK…what about my car…how am I going to get to work…etc… These are questions our South Florida firm answers everyday when we speak with our prospective clients for the first time. In an effort to help our prospective clients we have compiled a checklist of sorts that can be used by anyone who is injured in an accident in the State of Florida.

1. Be truthful to everyone about any physical limitation you now have. In order for your doctors and attorney to help you with your case we need to know about all of your symptoms.

2. Don’t accept a check or sign a release from an insurance company for your property damage claim unless you are sure you know exactly what it covers. Sometimes insurance companies will attempt to get you to release “any and all claims” – including your personal injury claim when you are only settling your claim for property damage. Please check with your attorney if you’re not sure.

3. Do not hide past accidents or injuries from your lawyer. Insurance companies have access to accident information in a central database, so the other insurance company will more than likely find out about your prior medical history and accident.

4. We find that it is extremely helpful when clients keep a record of how they feel. A diary is an excellent way to organize this information. The diary should contain notes of their doctor and therapy appointments, medications, and inability to work and enjoy any of the activities that were enjoyed and participated in before the accident. In real life there are few “cant’s” after an accident. Most people recover the ability to perform most activities, unless they are bedridden. But generally, if they have limitations, it’s because they can’t do the activity as long, as hard, or as strongly as they used to. A diary which reflects these limitations is important to your injury case because they can really show the adjuster how you have been affected on a daily basis as a result of the accident.

5. Do not try and deal with pain. See a doctor or go to the ER immediately after your accident. Tell your doctor everything: about how the accident occurred, and advise him or her of any past accidents or medical conditions.

6. Video cameras can be hidden anywhere. You may not know you are being videotaped and it could be at anytime or in any place. We have seen this many times. You will lose all credibility if you claim you cannot perform a certain way and then are caught “on tape” doing those exact things or something similar. If you are honest and truthful about your injuries and limitations this invasion of your privacy will only bolster your case. Go on as usual if you see someone following you and let them record for all to see how your injuries have affected your ability to perform your normal everyday functions. This will be your best evidence.

These are just a few of the things we routinely go over with our clients so they can be educated on what they can do to help us to obtain the maximum recovery possible for their individual case. Insurance companies are for profit businesses and in order for us to obtain fair, speedy and just compensation to persons injured through the fault of another (the insurance company’s policyholder) we have to do everything we can do to present a case in the light most favorable to our clients and convince the Insurance Companies that our clients are entitled to be paid a fair, speedy and just settlement as a result of their insured’s negligence. If you want to read more about what not to do after you are in an accident you can read an article in our blog : “Florida Auto Accidents: The Mistakes People Make” dated June 26, 2008.

| lazaruslaw-2 | 0 Comments | AUTO ACCIDENTS, PEDESTRIAN ACCIDENTS, Uncategorized

Florida Auto Safety: Move Over Law Saves Lives

On Monday, June 23, 2008, a statewide campaign was instituted by the Florida Highway Patrol to spread awareness of Florida’s Move Over Law. This law is designed to protect Police Officers, Emergency Workers and Pedestrians at the scene of accidents from being struck by vehicles on Florida roads. The Move Over Law states that a driver must vacate the lane next to where a law enforcement vehicle has stopped on the side of a road with its lights flashing. During the weeklong campaign officers will issue warnings to motorists through Wednesday and on Thursday will begin issuing tickets for violations.

Florida’s Move Over Law was meant to prevent tragedies such as these:

• A case in Miami recently when Rescue crews amputated a man’s leg on a Miami highway after he was crushed between two vehicles. The accident occurred while the man was checking the damage to his car after he was struck from behind by a sport utility vehicle. Another vehicle then crashed into the SUV, pinning the man.

• According to Florida Highway Patrol three people were killed since the Memorial Day weekend while checking their vehicles for damage after a crash in the middle of a road.

• A Road Ranger was critically injured while assisting a motorist on the Palmetto Expressway. The Road Ranger was assisting a vehicle that was disabled when another car struck the Ranger’s truck, which then in turn struck the Road Ranger.

Tragedies such as these can be been avoided if all drivers adhere to the following safety precautions:

1. Drivers should move their cars to the side of the road before checking for damage after minor accidents;
2. Drivers should vacate the lane next to where a law enforcement vehicle has stopped on the side of the road; and 3. Drives should vacate the lane next to the scene of an auto accident.

| lazaruslaw-2 | 0 Comments | AUTO ACCIDENTS, BICYCLE ACCIDENTS, MOTORCYCLE ACCIDENTS, PEDESTRIAN ACCIDENTS, Uncategorized

Florida Auto Accidents: The Mistakes People Make

Quite often during meetings with our clients in our Fort Lauderale and Weston offices, we are frequently asked the question: What do I do when I am injured in a car accident in the State of Florida? The answer to that question in our opinion is better answered by providing our clients with a very short list of things they should never do. These are the mistakes that we are often faced with when clients first come to our office and we find that they have:

1. Failed to report the accident to the Police and to the insurance company;
2. Failed to document their Injuries to the Police, Rescue, and the insurance company;
2. Failed to take photographs of their injuries and property damage;
3. Failed to go to a doctor to document their injuries;
4. Made a signed or recorded statement to their own insurance company without first seeking legal advice; and 5. Made a signed or recorded statement to the party at fault’s insurance company without first seeking legal advice.

These may seem like fairly simple things that need to be done at the time, but at the time of an accident most people are upset, anxious and sometimes injured and as a result may not be thinking clearly. If you take our tips and follow them you will at least have ensured that the necessary information is being documented properly at the outset of your case. This documentation is essential in helping our offices to be better able to resolve your case either through settlement or litigation.

| lazaruslaw-2 | 0 Comments | AUTO ACCIDENTS, Uncategorized

Stack$ Survives South Florida Car Accident

Well known Rapper, STACK$ was involved in a serious car crash in Miami, Florida on May 30, 2008. He escaped severe injury despite the substantial property damage to his vehicle.

Stack$, a hip-hop star and nightclub owner, was driving with a friend when he collided with another car, and his Ford Explorer was sent airborne. His SUV crashed into the barriers of an overpass, narrowly avoiding the 40 foot fall from a bridge.

Stack$’s injuries included second degree burns, a broken hand, chiropractic injuries and numerous cuts and bruises. Both Stack$ and his passenger were taken to Mount Sinai Medical Center in Miami, where they both spent the night before being discharged. He is now resting at his South Beach home and is grateful that he survived the near-fatal accident.