Police Chases Causing Accidents in Oakland Park and Elsewhere -- Officer Charges Oftentimes Dismissed

February 29, 2012 by Dean H. Freeman

Police chases are causing some serious injuries and death in car accidents in Oakland Park and elsewhere in Florida. Recently, a 21-year-old woman was hit at an intersection by a Broward Sheriff's Deputy.

Reports of the accident indicate that the police cruiser went from 24 to 87 miles per hours in just 24 seconds. As the young driver attempted to make a left turn at Dixie Highway, her vehicle was T-boned by the deputy's car. The impact was so severe that her car was cut in half. The accident threw her car nearly 100 yards. The driver's sister was in the car when the accident happened. She was thrown nearly 40 feet from the accident site. Records reports that the officer was speeding to a traffic stop regarding a burned-out tail light, according to the Sun Sentinel.
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"I couldn't see very well because I was bleeding from my eye,'' the driver was quoted as saying.

Our Oakland Park car accident attorneys understand that the deputy involved in the accident was fired and is awaiting charges of reckless driving and vehicular homicide. These consequences aren't typically the case though when officers are involved. They're often released. Unfortunately, this isn't the only fatal accident in Florida involving a police chase or speeding officer. If you're ever involved in a car accident with a police car, a fire truck or another type of official vehicle, you're going to need vigilant representation. These kinds of accidents put police in charge of investigating their own. On average, police chases kill at least three innocent bystanders every week in the U.S. This number jumps from 3 to 5 when added with the number of fatalities due to police response calls.

There have been more than 20 people killed in the state of Florida since 2004 because of police chases.

“Most people agree that these pursuits should be controlled. Yet, researchers note a widespread lack of accurate data on the subject. The lack of a mandatory reporting system hampers attempts by NHTSA to track pursuit fatalities and results in the collection of as little as one-half of the actual data." said John Hill with the FBI Law Enforcement.

Of Florida's worst high-speed police accidents:

-A significant number of the officers involved in these accidents weren't responding to crime scenes. Instead, they were speeding to respond to routine calls, were late to work or were speeding for no reason at all.

-Officers who are busted speeding are rarely punished by the criminal justice system. Officers found at fault for deadly accidents caused by speeding typically only face penalties of up to 2 months in jail, if anything. Most receive no criminal charges at all.

-In most police agencies, speeding isn't addressed until it results in a serious accident. Even then, some officers are minimally disciplined, but continue to stay employed with the department and continue to work out on the road.

-Of the fatalities resulting from police-chase accidents, only seven were police officers. These officers were exceeding the speed limit by up to 60 miles per hour at the time of the accident.

Just look at the accident that killed a 65-year-old pedestrian back in September of 2010. The woman was out on her routine morning walk when she was hit by a Brevard Sheriff's Deputy at 65 miles per hour (25 miles per hour over the posted speed limit). The officer received no criminal charges. He didn't even get a speeding ticket. The case was dismissed.

In these cases, you need strong legal representation! Officers can't always been trusted when investigating accidents that involve other officers.

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Intoxicated Driver Kills 1, Injures 2 in Pompano Beach Car Accident near I-95 Off Ramp

February 21, 2012 by Dean H. Freeman

A recent car accident in Pompano Beach killed a woman from Miami and critically injured two others.

According to CBS Miami, the accident happened just before 1:00 a.m. on W Atlantic Boulevard. One driver has been charged with two counts of DUI with serious bodily injury, DUI manslaughter, driving with a suspended license and DUI causing property damage. The man is currently in custody at the BSO Main Jail in Ft. Lauderdale
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Broward Sheriff's Office investigators say that a 37-year-old man was driving east on W Atlantic Boulevard in an SUV when he slammed into the side of a passenger car. The victim's vehicle was driven by a 22-year-old from Miami. Reports indicate that the young driver was getting off of the northbound ramp from Interstate 95 heading onto Atlantic Boulevard when she was t-boned. There were two other passengers in the passenger car. They were transported to North Broward Medical Center and were listed in critical condition. The young driver was pronounced dead at the scene of the accident.

Driving along the Interstate can be scary. Getting on and off of it can be just as frightening. Add intoxicated drivers into those scenarios and it just got a whole lot worse. Our Pompano Beach car accident attorneys travel the same local roadways as you and your family and we too witness the dangerous drivers. It's important to keep safety as a top priority behind the wheel and to exercise your best defensive driving habits to help avoid potentially fatal accidents.

Intoxicated drivers can be some of the most threatening, taking the lives of thousands of innocent people every year. According to the National Highway Traffic Safety Administration (NHTSA), about a quarter of all drivers who were involved in fatal passenger car accidents were legally drunk at the time of the accident, meaning they had a blood alcohol concentration (BAC) of 0.08 or higher.

In 2009, there were more than 1,500 passenger vehicles involved in fatal car accidents in the state of Florida. Of the cars involved in these accidents, nearly 890 were passenger cars, 270 were pickup trucks, nearly 290 were SUVs and more than 90 were vans.

Many of these accidents occurred on our state's busy roadways, like our South Florida interstates and highways. According to The National Safety Commission, Florida's Interstate 95 is the most dangerous road in the county. Statistics reveal that accidents along this roadway are likely to involve tourists and people who aren't familiar in the area. Remember that tourists make Florida their vacation destination year round, meaning risks for these accidents are always high.

Interstate 95 is the longest north-south Interstate Highway in the country. It passes through 15 states. It connects Massachusetts, Connecticut, New York, New Jersey, Pennsylvania, Virginia, North and South Carolina, Georgia and Florida. Some area of the road carries at least 250,000 vehicles each day. Not knowing where and when to merge on these roadways can be dangerous for all motorists. Not knowing your exit and what to do upon exiting is another problem on these roadways. Remember there are speeding limits on the interstate, as well as on the roadways leading to and exiting I-95. Be cautious and be one step ahead of your car. Know where you're going before heading out to avoid any confusion at the wheel.

Continue reading "Intoxicated Driver Kills 1, Injures 2 in Pompano Beach Car Accident near I-95 Off Ramp" »

Parking Lot Accidents in Wellington Common through Holiday Season

December 13, 2011 by Dean H. Freeman

As the holidays draw near, more and more residents are flocking to the malls and other shopping centers to get those last-minute gifts for friends and family. Be careful when parking at these places though because parking lots are commonly the backdrop for serious accidents. There are high risks for car and pedestrian accidents in Wellington parking lots through the holiday season.

"With the holiday season coming up and more shoppers expected to park in lots later at night, it's important to be aware of the surroundings and choose a safe place to park," said Anndee Soderberg, ADT marketing manager.
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Our Wellington car accident attorneys ask motorists and pedestrians to be safe while traveling through parking lots and parking garages outside of busy stores. Pedestrians are not only warned to be safe around vehicular traffic in these lots, they're also warned to be cautious of cracked sidewalks and other hazardous debris. By following a few safety tips, we can all help to make sure that we make it in and out of the stores safely this year.

Parking Lot Safety Tips:

-Be aware of your surroundings. Refrain from distracting activities, such as cell phones, bags and packages, car keys, pedestrians and other cars. Keep your eyes on the parking lot.

-Always hold the hands of small children.

-Be careful when crossing the path of vehicular traffic. Look both ways when crossing a parking lot lane just as you would crossing the street.

-Park in open spaces. Never try to squeeze your vehicle into a tiny spot.

-Be extra careful when backing up. Keep looking around your vehicle for nearby pedestrians. Backup slowly just in case someone darts out behind your vehicle unexpectedly.

-Lookout for defective sidewalks and parking lot debris.

-Walk when and where pedestrian traffic is signaled to.

-Drivers should always yield to pedestrians at crosswalks.

-Drivers should never block or park in crosswalks.

Property owners are required to keep parking lots clean and safe for everyone. as well By following a few safety measures, property owners can help to prevent any accidents or legal matters regarding their parking lots.

Tips for parking lot owners:

-Make sure that all areas of the lot are well lit.

-Deal with flooding areas immediately after the rain to avoid any fall hazards.

-Clearly mark areas where pedestrian and vehicular traffic are expected.

-Clearly mark steps and changes in level on sidewalks.

-Clear the lot of all trash and other debris.

-All signs should be visit and legible.

As the stores fill up with holiday shoppers, the parking lots are expected to fill as well. Shoppers are urged to be cautious when parking as these areas can produce a number of accidents if you're not cautious and careful. Property owners are required, by law, to ensure that these areas are safe for all visitors. Let's all do our part to be smart, polite, careful and courteous in parking lots to avoid an accident. Happy Holidays and safe shopping!

Continue reading "Parking Lot Accidents in Wellington Common through Holiday Season" »

West Palm Beach Residents Most Likely to be Injured in Curbside Bus Accident

November 10, 2011 by Dean H. Freeman

Curbside buses may offer cheap rides for residents, but they also offer higher risks of busing accidents in West Palm Beach and elsewhere.

According to The Palm Beach Post, curbside buses are seven times more likely to be involved in an accident than conventional buses. The rates are much higher on these curbside buses because they're harder to regulate by the National Transportation Safety Board (NTSB) and the Federal Motor Carrier Safety Administration (FMCSA), states a newly released report.
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Curbside buses are buses that navigate their way through the city, picking up and dropping off passengers in front of retail stores and at street corners. The more conventional buses use busing terminals to gather passengers. Half of the curbside busing companies have been in business for more than 10 years and nearly 45 percent of them have fewer than 10 buses. Newer companies had higher accident rates than these veteran companies.

Our West Palm Beach bus accident attorneys understand that these buses are difficult to regulate because they don't operate out of a typical terminal. It's more difficult for inspectors to track down these buses for en route inspections. To make matters worse, there are only about 900 FMCSA inspectors who are in charge of looking over 760,000 U.S. motor carriers. These inspections typically take about two weeks to complete. There's just not enough manpower.

Even worse, companies that are shut down for numerous violations can and do reopen under another operating name. The same buses are used, just with a new coat of paint. Officials call these vehicles "ghost buses."

FMCSA officials aren't able to keep tabs on ticket sales for these curbside buses either. Sales are made through online brokers, which don't fall under the Administration's jurisdiction. Most times, these brokers don't reveal the name of the busing company to a consumer who purchases a ticket, meaning that there's no way for you to check out a company's safety record beforehand.

"Business and safety practices within the growing curbside bus industry create challenges for enforcement authorities and consumers alike when it comes to separating the safe operators from the unsafe operators," said NTSB chairman Deborah Hersman.

The report was summoned by Rep. Nydia Velazquez, D-N.Y. and Sen. Charles Schumer, D-N.Y. back in March after our country witnessed the brutal bus accident in the Bronx that took the lives of 15 people and injured another 18. The owners company of that bus, World Wide Travel, was shut down after receiving a number of safety violations.

Later in May, a bus heading to Chinatown in New York from North Carolina got into a serious accident that ended up killing four and injuring another 50. Reports indicate that the bus driver fell asleep at the wheel. Sky Express Inc., the bus' operator, had received nearly 50 safety violations regarding driver fatigue within the last two years. That company was also shut down.

So far in 2011, there have been nearly 25 interstate busing accidents that killed about 35 people and injured more than 450.

The problem with these companies is that they're growing and sprouting up quicker than the NTSB and the FMCSA can keep track. For this reason, passengers are urged to look thoroughly into a busing company for potential safety warnings before purchasing a ticket.

"When travelers board a bus, they should feel safe, whether the trip starts in a terminal or at a Chinatown sidewalk," said Velázquez.

Continue reading "West Palm Beach Residents Most Likely to be Injured in Curbside Bus Accident" »

67-Year-Old Pedestrian Run Over by Car While Waiting for the Bus

September 10, 2011 by Dean H. Freeman

Officers are looking into a Miami pedestrian accident that killed a man who was patiently waiting for the city bus to arrive at his stop. The accident happened on Northwest Avenue on 107th Avenue shortly before 10:00 p.m., according to Local 10. The 67-year-old male pedestrian was sitting on a bench waiting for the bus to arrive at his stop when he was hit by a vehicle that was being driven the wrong way by a 42-year-old female. The man's wife was sitting on that bench waiting for the bus with her husband. She was able to avoid being hit.

"Once the male was struck on the bench, both him and the bench were dragged until its final resting place," said Detective Roy Rutland.
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Our car accident attorneys in Coconut Creek, Coral Springs and Weston understand that public transportation is relied upon by many in our area. Motorists are asked to practice extreme caution when traveling near bus stops and popular bus routes. Bus stops can be flooded with pedestrians boarding, exiting or waiting for a bus. While bus riders should be on the lookout for passing motorists, drivers should also be cautious of other travelers. Car-pedestrian accidents oftentimes end up fatal and can be prevented with a little consideration for one another.


Here are some safety tips for those who ride buses in our area:

-Never run to the bus. This is when a lot of accidents happen. Running puts you at a greater risk for trips, slips and falls. These injuries are some of the most common injuries sustained by bus riders.

-Have your child's stroller folded before you get on the bus. Keep it folded for the entire trip. Open it back up once you've got off the bus and have moved off of the roadway and away from traffic.

-Remain aware of your surroundings when you're waiting for your bus to arrive.

-If you're listening to your headphones while you're waiting, keep the volume down so that you can hear what's going on around you.

-Never walk too close to the roadway or the curb.

-Be aware of traffic movement in both directions while waiting at your stop.

-Never cross the street in front of a bus. Wait for the bus to drive away before crossing the street so that you have a clear view of the traffic in both directions.

The National Highway Transportation Safety Administration (NHTSA) reports that were we approximately 12,000 people injured in bus accidents in 2007. Nearly 40 people died from accidents during that same year. That means that 1,000 people were injured each month, more than 230 were injured each week and nearly 35 were injured each day on public buses in the United States. Many of these statistics don't even take the injuries sustained while waiting at bus stops into account.

Residents are urged to ride with caution and be careful while waiting for buses to arrive. Our roadways are a very busy place and awareness can be your best defense against a serious accident.

Continue reading "67-Year-Old Pedestrian Run Over by Car While Waiting for the Bus" »

High School Student Hit and Killed in Florida Bicycling-Car Accident

September 2, 2011 by Dean H. Freeman

A fast-traveling pickup truck recently hit and killed a high school-aged bicyclist, according to The Daytona Beach News-Journal. After the accident, the teen was taken to Halifax Health Medical Center and was listed in critical condition, according to the Florida Highway Patrol (FHP). He later died from injuries sustained during the accident.

The accident happened on a road that posted a 55 mph speed limit for motorists. The road also had no shoulder or sidewalk available for bicyclists or pedestrians. It's merely a four-lane highway that's divided by a tree-lined grassy median.

Bicycle accidents in West Palm. Parkland and Wellington have once again landed Florida at the top of the list for most dangerous states for bicycles, according to Transportation For America.
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Our bicycle accident lawyers in Royal Palm Beach and Pahokee understand that four metropolitan areas in the state of Florida were ranked as the most dangerous areas for bicyclists. We understand that our bicycle riders face so many dangers in our area because so much of the state has been constructed to accommodate the automobile and fast-moving traffic with little regard to on foot and two-wheeled travelers.

The teen bicycle accident is still being investigated. A FHP spokesman says that he was unable to confirm whether or not the teen's bicycle was equipped with a light. In the state of Florida, law requires riders to use lights on their bicycle when riding after dark. He was also reported to not be wearing a helmet, which is a law in Florida for all riders under the age of 16.

"It's sad that these deaths and accidents are happening right now. It's just
all about being aware of your surroundings, letting drivers know what you're doing. A lot
of motorists feel like we as cyclists are intruding on their territory, but state law says that
we're entitled to the road as well," said Christine Prokosch, president of the Sarasota Manatee Bicycle Club.

According to 2008 statistics, more than 17 percent of bicyclists who were killed in traffic-related accidents were killed on Florida roadways. Florida only carries about 6 percent of the country's population, according to USA Today.

Florida has been ranked in the top three for most dangerous states in the country for bicycle and pedestrian fatalities every year since 2001.

Factors contributing to fatal bicycle accidents in Florida:

-Population growth: Florida has nearly seven times as many people now than it did in 1950. The population has increased from less than 3 million to nearly 19 million.

-Tourists: In 2010, more than 80 million people make Florida their vacation spot.

-Weather: Since Florida has beautiful weather year round, more bicyclists and pedestrians can be found traveling outside taking advantage of our climate.

-Driver behavior: Drivers oftentimes disregard the presence of these travelers. Driver awareness may be one of the most effective ways to reduce the number of these accidents.

Continue reading "High School Student Hit and Killed in Florida Bicycling-Car Accident" »

Yamaha Pays Out $19 Million to Victim's Family of Jet Ski Accident in West Palm Beach

August 28, 2011 by Dean H. Freeman

A Florida state court has found Yamaha Motor Corporation USA responsible for a watercraft accident in West Palm Beach at Currie Park. The accident took the life of a 14-year-old girl and seriously injured a 15-year-old boy. The family of the injured children was awarded $35 million. The parents received $19 million and $16 million went to 21-year-old daughter, who was 15 at the time of the accident, according to The Street.
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The jet ski company was warned several times about defects in the model jet ski that the family was renting that day. The defect consisted of steering problems. Yamaha failed to warn the users of these problems and failed to correct the issue.

Our jet ski accident attorneys in Delray Beach, Lake Worth and Port St. Lucie understand that rental companies have an obligation to provide safe and operable equipment to renters. Manufacturers are also required to produce quality products that are safe and free from defects that can injure a consumer. In these cases, where companies fail to consider the safety of their customers, companies can be held responsible for compensating the injured for a number costs and loses.

Rental companies also have a responsibility to make sure than renters are educated and knowledgeable about the products they're renting. In this case, the rental company sent two inexperienced children out on the waterways along during a busy holiday weekend.

This court case was heard for more than six weeks, and the system declared that Yamaha Motor Corporation USA was in fact responsible for the damages as they failed to fix a faulty product, allowing users to ride in dangerous situations.

It is estimated that approximately 700 people are killed in watercraft accidents every year. Another 3,000 people are injured in these accidents annually.

Research from the University of South Florida reveals that accidents that involve jet skis are more common than any other boating mishap. Victims of jet ski accidents will most likely experience trauma to the check, abdominal injury and closed-head injuries. During a jet ski accident it is common for rider to be thrown from the watercraft. The study compared jet ski accidents to motorcycle accidents in injuries.

“The same factors that make personal watercraft fun make them dangerous,” said Dr. Elizabeth Beierle a UF pediatric surgeon.

To help prevent an accident while riding on a personal watercraft, please review the following Florida laws:

-Inflatable Personal Flotation Devices (PFD) are not allowed for personal watercraft use.

-A cutoff switch must be attached to the operator at all times.

-These vessels are not to be operated from a half hour after sunset to a half hour before sunrise.

-You are prohibited from driving a personal watercraft by swerving through congested traffic, jumping the wake of another watercraft that's unreasonably close or when visibility around the vessel is blocked.

-No horse play. You are not allowed to swerve at the last second to avoid collision. This is classified as reckless operation of a vessel, which is considered to be a first-degree misdemeanor.

-No one under the age of 14 is allowed to operate a personal watercraft.

-You have to be at least 18-years-old to rent a personal watercraft.

-If you were born on or after January 1, 1988 must have either have completed a National Association of State Boating Law Administrators (NASBLA) approved boating education course or to have passed a course equivalency.

Continue reading "Yamaha Pays Out $19 Million to Victim's Family of Jet Ski Accident in West Palm Beach" »

Rickshaws another example or injury risks faced by tourists in Fort Lauderdale

February 19, 2011 by Dean H. Freeman

Have you been thinking about your next planned activity on your next free day? Many residents as well as visitors enjoy activities in Florida like jet skiing or parasailing. Perhaps a rickshaw ride would be a more appropriate way to see the sights while experiencing something different for a change.

But before planning your next adventurous activity, our Fort Lauderdale personal injury lawyers want to point out the risk and potential injuries these activities can cause. We're not trying to be kill-joys. But it's important to know and understand that not all operators of tourist activities are created equal. Some are as concerned about guest safety as they are about profits. Others ... not so much.
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The Sun Sentinel recently reported on the boom in the rickshaw business in Fort Lauderdale.

The city has received applications to increase the current fleet of 20 pedicabs to more than 60. Law enforcement officials are worried about traffic safety. In addition, city officials need to improve safety regulations. It is surprising that the safety regulations had not been changed considering the serious New Year's Day accident in 2008 that left 2 women injured.

That accident involved a hit and run driver that rear ended the uninsured rickshaw.

Currently the city doesn't require safety features such as turn signals, rearview mirrors, lights and seat belts to be placed in rickshaws. The minimum requirements for operators include: need a valid driver's license, they can't interfere with traffic, and they must carry liability insurance of $100,000 per accident.

Fort Lauderdale officials are considering requiring as much as $1 million in insurance coverage, safety features including seat belts, inspections of the pedicabs done annually, and having ownership and rate information posted in the vehicle. The city is also considering increasing the rickshaw fleet by only 12 instead of the requested 50.

Fort Lauderdale's Police Department wants rickshaws barred from congested streets where space is at a premium.

In the past several years Orlando and New York City have implemented stronger regulations regarding pedicabs after accidents or the increased number of pedicabs increased the dangers faced by riders and motorists alike.

In 2008, the National Highway Traffic Safety Administration (NHTSA) reported there were 716 pedalcyclists killed and another 52,000 were injured in traffic crashes.

Some facts about fatal pedalcyclist crashes:

-69% occur in urban areas.

-64% occur at non-intersection locations.

-28% occur between 5 p.m. and 9 p.m.

-12% happen in September and 9% happen in June.

Interestingly, the first motor vehicle crash in the U.S. occurred in 1896, when a motor vehicle crashed into a pedalcycle rider.

Continue reading "Rickshaws another example or injury risks faced by tourists in Fort Lauderdale" »

Car accidents in Palm Beach, Fort Lauderdale, linked to traumatic brain injury

January 24, 2011 by Dean H. Freeman

Our Fort Lauderdale car accident attorneys know that public awareness regarding the depth and scope of traumatic brain injury in the U.S. has spiked due to studies linking TBI to athletics, injured Iraq War veterans, and most recently, the point-blank shooting of Congresswoman Gabby Giffords in a Tucson grocery parking lot on Jan. 8.

What we have learned, the Palm Beach Post reports, is that recovery from a TBI is as unique as the person suffering the injury. And, that if the injured person receives immediate basic care (airway unobstructed, blood pressure stabilized) they are much more likely to survive a head-trauma accident.
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Nearly 2 million people sustain a brain injury in the U.S. each year, the Centers for Disease Control reports. Of them, 275,000 require hospitalization. Another 52,000 die from a wound most commonly caused by either a fall (35.2 percent) or a motor-vehicle accident (17.3 percent).

Falling is responsible for more than 60 percent of all TBI involving victims aged 65 and older. And among children 14 and younger, falls are responsible for half of traumatic brain injury accidents. The CDC reports that while car accidents are linked to less than 20 percent of all reported TBI, nearly 32 percent of all TBI-related deaths are linked to car accident injuries.

According to the National Institute of Neurological Disorders and Strokes, a TBI can be a “closed head injury” caused by blunt-force trauma or a “penetrating head injury” caused by a cranial puncture and contact with brain tissue. In either case, damage is a two-stage process. The first stage is the accident or incident of head trauma itself. The second stage addresses the effects – or “shock waves” – caused by the trauma. To diminish the impact of those injuries doctors may elect to remove blot clots and damaged brain tissue, or even part of the cranial bone itself if swelling becomes an issue.

Symptoms of a TBI can be difficult to detect or overt, depending on the damage. They can appear immediately or may take weeks to manifest. The injured party may or may not lose consciousness at the time of the accident.

In milder cases, TBI victims may complain of:
~ Persistent headache that gets worse
~ Ringing in the ears
~ Dizziness, lightheadedness, confusion
~ Blurred vision
~ Memory loss
~ Fatigue

In more moderate to severe cases of TBI, victims will demonstrate:
~ Vomiting/nausea
~ Persistent headache that gets worse
~ Slurred speech
~ Dilation in one or both pupils
~ Numbness in the extremities
~ Loss of coordination
~ Confusion

Of course any time you or a loved one suffers a blow to the head it is important to seek immediate medical attention to determine if there is an injury and what course of treatment will best offset the effects.

Continue reading "Car accidents in Palm Beach, Fort Lauderdale, linked to traumatic brain injury" »

Falling Ficus illustrates unique hazards for South Florida drivers and property owners

January 21, 2011 by Dean H. Freeman

The female driver of a black Thunderbird narrowly escaped serious injury or death when a large Ficus tree crashed down on her car as she was driving midday along East Camino Real, the Palm Beach Post reports.

A Fire Rescue spokesperson told the paper that the driver was “almost encased in a bubble” of tree limbs that shattered her windshield and crushed her car. It took chainsaws to free the driver, who stepped free of the vehicle after branches were cleared. She was in stable condition when transported to a local hospital for further evaluation.
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Our West Palm Beach accident attorneys know that whether private or public, proper tree maintenance and pruning is a shared responsibility that includes property owners and local government, particularly when the tree in question spans both private and public land.

Aside from a state law (Florida Statute 163.3209) that establishes tree care right-of-way guidelines between land owners and electric or other distribution pathways, local ordinances in both Broward County and Palm Beach County address, among other things, historic tree and canopied street care. Palm Beach County requires either a replacement and removal permit; Broward County directed that all tree trimmers must be licensed.

Most Florida Ficus trees are of the variety more colloquially known as the Banyan tree. The first Banyan tree planted in the U.S., according to Wikipedia, was planted by Thomas Edison in Fort Myers. Originally 4-ft. tall, it has grown to 400-feet. Perhaps the most distinguishing feature of the Florida Ficus (aside from their potential girth, height and span) is their dreadlock-like, above-ground, exposed rooting system.

According to the University of Florida, improper landscaping design and plant selection have increased the need for more aggressive maintenance and pruning schedules for plant viability and the safety of those who live around them. The college recommends that pruning “should be a routine part of home-ground maintenance and not delayed until the landscape is overgrown.”

Pruning, in short, protects plants, the public and property owners.

Continue reading "Falling Ficus illustrates unique hazards for South Florida drivers and property owners" »

15-passenger vans at high risk of accidents in West Palm Beach and throughout South Florida

October 21, 2010 by Dean H. Freeman

A pair of deadly 15-passenger van accidents has the National Highway Traffic Safety Administration issuing a warning to churches, schools, and other organizations that use them for transportation.

A church van overturned in Georgia earlier this month after blowing a tire; four passengers were killed and 15 were injured. Last month, six passengers were killed in a New York van accident. Our West Palm Beach injury lawyers understand the complexities of such accidents and have the experience necessary to represent accident victims in cases where there are competing injury or wrongful death claims. Whether a church, soup kitchen, nursing home facility or other group, an organization has an obligation to ensure the safe passage of its members, customers or guests.

Such vans are frequently used by schools, churches, nursing homes and other organizations and the fall and winter driving season increases the risk of an accident. The NHTSA reports that tire maintenance is critical to preventing tragedies like the recent fatal rollover crashes.

"Users of 15-passenger vans need to make sure the vehicles have appropriately-sized tires that are properly inflated before every trip," the government reports. The government also discourages the use of spare tires to replace worn tires because tires degrade over time. A tire more than 10 years old should not be used at all.

The government is specifically addressing the advisory toward church groups, colleges and schools and other nonprofit organizations that use older 15-passenger vans. The agency says primary and secondary schools should not use the vans to transport children at all because they do not provide the same level of safety as school buses.

It is also against federal law to buy new 15-passenger vans for school transportation purposes.

Safety tips for 15-passenger vans include:

-Make sure the vehicles is properly maintained.

-Drivers need to be fully trained and experienced in operating a 15-passenger van.

-The 15-passenger vans are very sensitive to overloading and should not be overloaded under any circumstances. Overloading not only increases the risk of rollover, it also negatively impacts handling.

-Tire inflation and wear should be checked before every trip.

-Passengers should wear seat belts.

Here you can find additional safety information for 15-passenger vans.

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