Articles Posted in personal injury

Fort Lauderdale pedestrian accident victims may find it difficult to obtain full and fair financial compensation after their ordeal. For one thing, 1 in 4 Florida pedestrian accidents are hit-and-run crashes, meaning the driver who caused the crash fled the scene. Secondly, even if the driver stays, 1 in 5 are uninsured, despite statutory requirements. Finally, Florida is a no-fault car insurance state, meaning crash victims’ own insurer covers up to $10,000 in damages, and it’s only if you’re seriously injured that you can step outside of that no-fault system. Pedestrians aren’t required to have personal injury protection (PIP) coverage, though they can use it if they or a member of their household has it. More likely, they’d be relying on the driver’s PIP. But if the driver doesn’t have insurance or flees the scene, securing compensation becomes more challenging. Fort Lauderdale pedestrian accident lawyer

Working with an experienced Fort Lauderdale injury attorney helps ensure you’re leaving no opportunity for compensation off the table.

Fort Lauderdale Pedestrian Accident Statistics

Walking is dangerous business in South Florida, the state that ranks No. 1 in pedestrian deaths in the United States, according to thinktank Smart Growth America. Continue reading

South Florida car accidents involving dump trucks have been piling up in recent years, prompting concern about why these commercial vehicles in particular pose such a serious threat to the public as well as workers.Fort Lauderdale truck accident lawyer

Dump trucks carry heavy, uneven loads and are known to make frequent stops. They’re often out early in the morning, when streets are still dark. Drivers who work long hours, making them more prone to fatigued driving. All these issues lead to outsized danger when you’re dealing with a dump truck, a Class 8 vehicle that can weigh 33,000 pounds or more.

Dump Trucks and Garbage Trucks are Considered “Large Trucks”

Dump trucks and garbage trucks aren’t the same as the big rigs and 18-wheelers you spot barreling down the highway, but legally, they’re in the same category as other “large trucks.” Weight is the primary determining factor in terms of what is considered a “large truck” by the Federal Motor Carrier Safety Administration (FMCSA). Vehicles with a gross weight of 10,000 pounds or more is considered a “large vehicle.”

Per the FMCSA, Large Truck Traffic Safety Facts, more than 70 percent of the people who die in crashes involving large trucks are the people in the other vehicle. Nearly 160,000 people are injured in large truck accidents each year in the U.S. In three-fourths of deadly crashes involving large trucks, the truck involved weighed more than 26,000 pounds, placing them in the “heavy” large truck category.

Despite the massive size and weight, dump trucks are used to make repeated trips between construction sites, suppliers, and waste drop-off points. Repeated trips increase the potential for collisions. Drivers are often under significant pressure to get the job done, leading to dangerous actions behind the wheel, including speed, distraction, and aggressive driving.

Another significant danger with dump trucks is that in their rush, dump truck drivers sometimes travel with loads that are uncovered. This can result in debris falling off onto the road – and into the path of falling traffic. This creates a serious road hazard that puts others’ lives at risk.

Garbage trucks, meanwhile, are similar to dump trucks in that they are considered heavy vehicles, though as Class 7 vehicles, they tend to weigh in at slightly less, between 26,000 to 33,000 pounds. The disparity of weight and mass between a garbage truck and passenger vehicle, pedestrian or bicyclist makes a collision with one incredibly dangerous. Data from the FMCSA reports that in a single recent year, more than 100 garbage/refuse truck deaths and more than 1,400 injuries. A quarter of those killed were sanitation workers. An analysis by OSHA on garbage truck accidents reveals dozens of fatal or serious injuries among employees in one year. Continue reading

Falls are one of the most common causes of serious injury in the U.S. About 8 million people are treated in hospital emergency rooms annually due to falls, and approximately 12 percent of those are slip-and-fall accidents. Fort Lauderdale slip and fall lawyer

You may be aware that if you’re injured in a South Florida slip-and-fall accident that you may have grounds to pursue a premises liability claim against the property owner for your injuries. But what if there was a sign indicating the floor was wet?

As our Fort Lauderdale injury lawyers can explain, there is no hard-and-fast rule about when business owners or property managers are required to post a sign indicating the floor is wet. That said, lack of a wet floor sign where the floor was, indeed, wet can be evidence that the business failed to provide guests with adequate warning of a dangerous condition when they had a duty to do so. This an form the basis of a negligence claim.

However, the presence of a wet floor sign in the area where you slipped and fell doesn’t necessarily mean you can’t recover damages. It’s going to depend on the totality of the circumstances. Having successfully pursued many South Florida premises liability claims stemming from slip-and-fall accidents, we recognize these cases are often more complex than they might appear initially. The outcome of these cases depends largely on the totality of the evidence, and a wet floor sign is just one piece of that puzzle. Continue reading

Following a car accident it’s wise to be wary of insurers. No matter how friendly they seem or how much they insist they’re there to help, an agent’s loyalty is to their employer. Saving the insurer money is their primary goal, and they do it by figuring out ways to pay you less.Fort Lauderdale Car Accident Lawyer

Protecting yourself involves not providing any details to which they are not entitled. It’s important that you appreciate you do have a contract and legal obligation to honor. You are required to inform the insurance company about the accident. That means providing the basic necessary information. Beyond that, your lips should stay sealed until you’ve talked to a personal injury attorney.

Note too that you don’t have this same obligation to the other drivers’ insurer. You benefit nothing from giving that insurer a statement or signing any paperwork they send you. All you need to do is get the insurance information from the other driver. You don’t need to provide them with information. Continue reading

Social media has become a ubiquitous presence in our daily lives, making it second nature to share everything from the mundane to the momentous. Those involved in South Florida personal injury lawsuits know that it can be one of those “big things” that can consume a lot of your physical and emotional energy. It would seem natural, then, to share this with others to whom you’re connected on Facebook, Twitter, Instagram, TikTok or other platforms. Fort Lauderdale accident attorney

As Fort Lauderdale accident attorneys, we generally advice against this. The problem is that information on social media accounts – particularly anything that relates to your accident, injury or recovery – could undercut your personal injury claim. Such posts can provide defense lawyers with a valuable source of information that refute the cause of your injury, impeach your credibility or poke holes in the amount of damages you claim to have suffered.

This isn’t to say that people posting about their case are lying about anything. In fact, it’s more likely that they post because they feel they have nothing to hide. The problem is you aren’t looking at the information through the same lens as a lawyer. The intent and implications of certain pictures, posts, videos or comments could be twisted by the defense team. It’s better to limit your social media engagement while your case is pending, if possible. If you have questions about specifics, direct them to your accident attorney. Continue reading

Boating is a way of life in Florida, but it’s also a source of serious injury and even death here in the Sunshine State. The U.S. Coast Guard’s 2019 Recreational Boating Statistics Report released this summer once again named Florida No 1 for annual boating accidents – 679 total that year, leading to 62 fatalities. It’s worth the reminder for caution as we approach New Year’s Eve, given that boating accidents tend to spike during major holiday weekends. boating accident lawyer

After all, it was only one year ago in the early hours of New Year’s Eve that a 42-foot custom speed boat named “Blue Steel” crashed into a jetty near Fort Lauderdale shortly after midnight on Dec. 31, 2019. Continue reading

Everything about a semi-truck is bigger. The tires, the wheels, the mirrors, the loads they carry and the insurance policies that must be maintained on them. That last one is for very good reason: The potential for substantial property damage and serious injury when a semi-truck is involved in a crash is also outsized. These are some of the reasons Florida truck accident lawsuits can take much longer to resolve than typical car accident cases.Fort Lauderdale truck accident lawyer

In a single recent year, there were more than 500,000 crashes involving large trucks, including more than 4,500 that were fatal and 107,000 that resulted in injuries. According to the Federal Motor Carrier Safety Administration, the majority of those injured or killed in these collisions (82 percent) are the people in other vehicles. The number of fatal truck crashes per people in the U.S. has risen 27 percent since 2010. Continue reading

Construction sites are among the most dangerous workplaces in Florida. Those on-the-job work from heights, dodge moving objects, face the threat of slips, trips and falls, toil down in the trenches and encounter hazardous chemicals, toxic materials and live electricity. Fort Lauderdale personal injury lawyer

But it is ever possible for a worker injured in a construction accident to sue? The answer is yes, it’s possible, though as our Fort Lauderdale personal injury lawyers can explain, it’s usually a third-party liability lawsuit rather than a direct lawsuit against one’s employer. The reason for this has to do with Florida’s workers’ compensation laws. Specifically, F.S. 440.11 holds that workers’ compensation is the exclusive remedy of injury claims by an employee against an employer UNLESS:

  • The worker is not actually the company’s employee.
  • The employer committed an intentional tort that caused the injury or death of an employee (deliberately intending to injure the employee or engaging in conduct that, based on prior similar accidents or explicit warnings, they knew was virtually certain to result in injury/death to the employee and the employee didn’t know about the risk).
  • The employer didn’t secure workers’ compensation insurance, as they were required by law.

It is very tough to prove employers in construction site accidents committed an intentional tort. Most claims stem from the other two exceptions. Continue reading

Summers in South Florida – and across the country – are rife with their own risks of child injuries, even excluding the COVID-19 pandemic. But compounding matters this year are a few different factors, including a reluctance by parents to bring their children into the emergency room. However, as noted by a pediatrician writing for The New York Times, delays like this can be painful for the child, and they can cause problems for the doctor. For instance, you can’t stitch a days-old laceration, no matter how sizable. As our Fort Lauderdale child injury lawyers can explain, some injuries can be exacerbated by delaying medical care. Some, like head injuries and those involving internal bleeding, may even prove fatal if they aren’t caught early and treated. Fort Myers child injury lawyer

Here, our Fort Lauderdale child injury attorneys details some of the more common child injuries and fatalities reported this summer and what type of situations may allow for legal recourse (compensation for medical bills, lost wages, loss of life enjoyment, pain and suffering, emotional distress and punitive damages). As always, this is not intended to be legal advice, and specific questions and concerns should be addressed in direct consultation with an experienced personal injury lawyer. Continue reading

A woman who suffered a serious injury fall from a boat dock at a Florida beach club condominium had already won her premises liability lawsuit against the condo owners, the boat dock repair company and the condominium complex. But the case was again recently before Florida’s Third District Court of Appeals to determine whether the condo company could be held jointly and severally liable (legally responsible) to pay for the other defendants’ share of the damages. Fort Lauderdale injury lawyer

In short, the 3rd DCA held yes, they could – or at least part of it.

It comes down to whether the duties a defendant owed to the plaintiff were non-delegable, meaning they can’t be pawned off on another person or entity by contract. Continue reading

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