The death and injury toll stemming from faulty airbags manufactured by Japanese company Takata continues to rise. Currently, authorities have tallied 105 injuries and six deaths linked to the defective auto parts.
Some of those in the count occurred more than a decade ago, and are only now being recognized as likely connected.
The massive recall that was issued involved 17 million older model vehicles from 10 different auto makers, both in the U.S. and abroad.
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A bicyclist was killed in Coral Gables recently after being struck by a driver who then fled the scene. Authorities say it’s clear the driver likely knew he or she had hit someone because there is evidence the driver needed stop to remove the bicycle from underneath the vehicle before driving away.
Just minutes after the crash, which occurred around 3 a.m., an officer spotted the victim. He stopped to render aid, but the cyclist was already deceased.
Using bits of the vehicle left at the scene, officers were able to determine the make, model and color of the vehicle, and from that information, were able to locate the vehicle in Miami. The car sustained heavy front-end damage consistent with the crash details, including a shattered from window. Still, no arrests have yet been made.
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Add to the list of reasons one should always wear a seat belt: The seat belt defense.
Although some states have specifically barred defendants in car accident lawsuits from using this defense, Florida is not among them.
The seat belt defense essentially holds that a person who is severely injured or killed in a car accident may be found partially to blame if not wearing a seat belt, as required by law. A person may still recover damages in Florida in cases of comparative fault, but compensation will be reduced by whatever percentage of blame he or she is deemed by a judge or jury to hold. With the seat belt defense, defendant will assert liability only for injuries that might have been sustained had plaintiff or decedent been wearing a seat belt – which is to say, they will assert injuries would have been far less severe, and thus they should not have to pay nearly as much.
When injuries result from another person’s negligence, the victim should not have to foot the bill, regardless of whether he or she buckled up that day. Those who have sustained auto injuries in Fort Lauderdale can overcome the seat belt defense or at least minimize the impact, but it requires experienced legal representation.
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Authorities will not criminally charge a 92-year-old man believed at-fault for a Florida crash that resulted in the deaths of three utility workers and the injury of another motorist.
Although investigators with the Florida Highway Patrol have not indicated any age-related condition contributed to the crash, it has nonetheless sparked a debate about the point at which older drivers should hang up their keys for good.
According to news reports, the three utility workers, from Georgia, were working alongside the highway installing a utility pole when the older driver attempted to make a right turn onto that road from a nearby cross street. As he did so, he reportedly entered the center lane, as opposed to turning directly into the right lane. In so doing, he struck the 20-year-old driver, and the impact sent the second vehicle careening into that ditch.
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Federal circuit courts are torn on the question of whether an employee who is injured on the job is free to spend the benefits of a third-party lawsuit or other settlement agreement, or if he or she must use that money to reimburse their health insurance provider.
Most courts have said employees can’t spend the money and have to repay their insurers. Under the federal Employee Retirement Security Act (also known as ERISA) workers are promised that if they are hurt on the job, they will quickly be paid benefits. However, they also agree to repay whatever funds they obtain later, usually from a settlement or lawsuit.
But the U.S. Court of Appeals for the Ninth Circuit isn’t on board with this reasoning. In the 2012 ruling in Bilyeu v. Morgan Stanley Long Term Disability Plan, the insurer is unable to collect funds awarded by a third party if the beneficiary has already spent that money. The Eighth Circuit has issued similar findings, but other federal district courts have sided in favor of insurance companies.
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The safety of 15-passenger vans has once again been called into question following three fatal crashes in the Southeastern U.S. – including two in Florida – which killed 14 people and injured dozens more over the course of just two weeks.
These vans, popular for use among church groups, sports teams, senior travelers and large family vacationers, are notoriously poorly-weighted, with a heightened risk of rollover. There are also increased risks of tire blow-out and driver error, as the vehicles are known to be difficult to control.
Safety advocates have seized on these incidents as an opportunity to encourage authorities to warn the public regarding the dangers of these vehicles and the importance of proper maintenance, not overloading and always wearing a seat belt.
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Bicycling has become an incredibly popular form of transportation and recreation across the country, but particularly here in Florida, where the weather permits riders to enjoy the activity year-round. In fact, between 2000 and 2013, there was a 62 percent spike in ridership in the U.S.
However, this has inevitably led to an increase in bicycle accidents, particularly because our streets weren’t designed to safely accommodate cyclists and because most drivers still don’t look twice for them.
A recent study has now identified another issue: The outdated way in which police departments around the country are reporting these crashes is failing to provide crucial information that could help make our streets safer for cyclists.
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A number of cities throughout Palm Beach County are pledging to take significant, tangible action in an effort to forge safer streets for both bicyclists and pedestrians.
Florida – and South Florida in particular – has an abysmal record with regard to bicycle and pedestrian safety. The Florida Department of Transportation reports this state is No. 1 in the nation for bicycle deaths and No. 2 for pedestrian deaths. Pedestrian fatality rates are double the national average while bicycle fatality rates are triple the national average.
Broward, Palm Beach and Miami-Dade counties have the highest rates of bicycle and pedestrian deaths in the state. This has got to change, and increasingly, a number of city leaders are willing to take steps to make it happen.
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A 9-year-old boy and his mother were rushed to the hospital recently after a Fort Lauderdale dog attack that reportedly ended only when a neighbor subdued the animal with his bare hands and a belt. 
The boy was “severely injured,” according to responding officers, while his 35-year-old mother suffered a leg wound.
Based on witness reports, the boy was riding his bicycle in the driveway when the pit bull mix dog circled him. The boy fell of his bike and the dog attacked, biting him on his right leg, left arm and shoulder as the boy tried to fight him off. His mother rushed to his aid, and she too suffered bites on her right leg and left arm.
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Florida is renowned for its water sports and boating activities. It’s a huge draw for the millions of tourists who flock to the state each year.
Most people walk away from the experience with a rush of adrenaline and fond memories. However, when negligence during boating results in personal injury, victims can be left with permanent, debilitating losses.
Such was the case for plaintiff in Hodson v. Taylor.. Victim suffered permanent paralysis from the chest down after a water-related accident as a teen. The incident and lawsuit took place in Nebraska, and the Nebraska Supreme Court recently issued a ruling on the case against a number of defendants, affirming summary judgment for one and reversing and remanding against two others. The case can now proceed to trial.
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Broward Injury Lawyer Blog