Item: Flaxman Law Group
Rating: 5
Author: Clara Barman

Summer Can Mean a Heightened Risk of Burn Injuries

Published on: July 22, 2014 | By Flaxman Law Group

Burn units in Florida hospitals often see an increase in injuries during the summer months. Unfortunately, while summer cookouts, fireworks, and grills can make this season lots of fun, these same fun activities can quickly turn dangerous and even deadly.

In 2013 alone, the American Burn Association reports that 40,000 people were hospitalized due to burn injuries and about 3400 people across their country lost their lives to burns and smoke inhalation. To reduce the risk of burn injuries in your Miami or Florida home, you will want to:

1) Keep children away from grills.

Grill and barbecue surfaces pose the biggest danger to children, so proper supervision is important. It is also important to supervise after the food is prepared and served, as the grill will remain hot for some time.

Review Fire Safety for Summer

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What Can be Done to Prevent Fatigued Driving in Davie and Other Florida Communities?

Published on: July 22, 2014 | By Flaxman Law Group

Trade groups such as the Owner-Operator Independent Drivers Association (OOIDA) have spoken out against the new Hours of Service rules, saying that the new rules will not help fight fatigued driving and may actually contribute to the problem.

The new rules, among other things, limit commercial truck drivers to working no more than 14 hours per workday and also set limits on weekly work hours. On the surface, this seems like a good way to prevent fatigued driving in Davie and in communities across the country. The problem, according to OOIDA and other groups, is that the new rules are less flexible than previous regulations, which allowed drivers to take breaks when they needed to. Under the new rules, the groups say, drivers may have to max out their workday in bad weather or heavy traffic, preventing them from taking rests as needed because the 14-hour day cannot be extended.

According to transportation officials, however, the problem is not with the new Hours of Service regulations, but rather with commercial drivers and transportation companies. When truck carriers create strict deadlines that no not allow for any breaks within 14 hour days or do not account for situations such as traffic or weather, they create problems because drivers do not have time to rest if they want to make their deadlines. Federal officials, however, have given no statements as to how this problem might be dealt with.

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Bypass Device Could Offer New Treatment Option for Spinal Cord Patients in Miami and Florida

Published on: July 17, 2014 | By Flaxman Law Group

In a heart bypass, surgeons are able to bypass blocked arteries so that patients with heart conditions can continue to enjoy a good quality of life. Now, researchers have found that by using a similar process they are able to help spinal cord injury patients in Miami and other cities. Researchers at Battelle have found that by using electronic neural bypass, they can help spinal cord injury patients reconnect the muscles and the brain directly, allowing patients to regain mobility.

So far, researchers have five potential participants in the clinical study, with one patient already moving his hand after the procedure. According to researchers, the process allows surgeons to bypass injured areas, creating a connection between the brain and the muscles. To complete the procedure, the patient needs brain surgery and needs a port screwed into the skull. A microchip is then connected to the port to complete the procedure.

Researchers are very excited about the initial success of the technology, which has allowed one quadriplegic to move his hand. The man had been paralyzed for four years following a swimming accident. If the clinical trials continue to go well, it is possible that spinal cord injury patients who have been injured in car accidents in Miami and other incidents will eventually be able to use the technology to regain mobility and even walk again.

For people who have injured their spinal cord in workplace accidents in Miami or in any incident, the new technology is exciting for a number of reasons. Unlike other treatments, it can be applied years after the initial injury, which means that even if it takes some time for the technology to be available some spinal cord injury patients injured today could potentially take advantage of the procedure.

Unlike other treatments, the technology also gets to the root of the problem rather than trying to help patients regain some mobility through physical therapy. There is also the undeniably futuristic “cool” factor to the technology. Patients who have the microchip and port can essentially move previously paralyzed limbs just by thinking about it, much as they could before they were injured.

The microchip technology, known as Neurobridge, has been in development for ten years, and essentially works by interpreting brain commands. The chip is about 0.15 inches and the first patient who used the technology responded well to the surgery needed for the chip. He was able to make a fist by concentrating on images of a fist closing, and noted that the process was different than moving his hand before the surgery.

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What Causes Truck Collisions in Miami and Other Cities?

Published on: July 17, 2014 | By Flaxman Law Group

Determining whether you have a personal injury claim in Miami or your Florida community often stems from understanding what caused your traffic collision in the first place. This is because you need to be able to determine whether negligence played a role in the crash. According to statistics, the most common causes of trucking accidents include:

1) Mechanical failure. Mechanical failure can stem from defective brakes or tires. In these cases, it may be possible to pursue a products liability claim in Miami or your community against the manufacture of the defective truck or truck part. However, not all tire blowouts in Miami and other instances of mechanical failure stem from poor design or from manufacturing flaws. In some cases, poor maintenance leads to roadway accidents. For example, truck carriers and drivers may fail to replace worn tires, may fail to load cargo correctly, or may fail to act on warning signs of maintenance issues. In these situations, the truck carrier or driver may be held partly liable if their recklessness leads to a roadway collision.

2) Driver error. A study conducted by the Federal Motor Carrier Safety Administration (FMCSA) found that driver error contributes to about 88% of trucking collisions, with fatigued driving being a leading cause of error.

3) Cargo problems. Incorrectly loaded or secured cargo may fall from the truck, leading to chain reaction collisions in Miami or other communities. Incorrectly balanced or inadequately secured loads can shift during transport, putting big rigs and tractor trailers at risk for rollovers.

4) Bad weather. Adverse weather conditions can make it harder for truck drivers to stop in time to avoid a collision and poor weather can also affect visibility, which can contribute to a collision. Even in these cases, however, it is important to ask questions. For example, did poor road design contribute to the collision? Did the truck’s wipers and other systems function correctly to compensate for the weather? In some cases, an investigation shows that even trucking collisions seemingly caused by weather conditions were in fact preventable.

5) Other motorists. Some statistics show that negligent drivers in passenger cars contribute to trucking collisions. In fact, some safety experts note that drivers of passenger cars are more likely to cause roadway crashes than truck drivers, who do have more extensive training and often more driving experience.

If you have been in a trucking collision, it is important to get answers about what caused your collision and about who the liable parties may be. You may wish to contact a personal injury attorney to discuss your legal options and to get answers. A personal injury attorney can review the facts of your case and may also launch an investigation into the collision to find out what led to the crash.

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How Could Florida’s Stand Your Ground Law Affect Your Assault and Battery Case in Homestead or Your Community?

Published on: July 15, 2014 | By Flaxman Law Group

The “Stand Your Ground” law in Florida is contained in Florida Statute Section 776, and it allows people to use force, including deadly force, to defend themselves from perpetrators threatening them or their property. The law is intended to allow homeowners and Florida residents to defend themselves, their families, and their homes without having to worry about criminal persecution.

The law is also often used in personal injury cases in Homestead and other Florida communities. In the event of an assault and battery charge in Homestead or another community, some defendants will claim that they used physical force in self-defense.

Recently, a case before the Florida appellate court involved just this type of situation. A Miami roofer beat his co-worker with a baseball bat but alleged that he was acting in self-defense. The case resulted in criminal and civil charges. In the criminal trial, a judge deemed that the roofer’s actions were justifiable under the “Stand Your Ground” law.

While the criminal case was ongoing, however, the roofer and the roofing company both men worked for were charged in civil court by the victim. The defendants in that case evoked the “Stand Your Ground” law and stated that since a judge had already found the actions of the roofer defensible, the “Stand Your Ground” law could serve as an absolute defense. A judge in the civil trial denied that the “Stand Your Ground” law applied in civil court, but the defendants appealed. A Third District Court of Appeal appellate court decided that the use of the “Stand Your Ground” law could not be dismissed in civil court because Florida has not yet determined how civil liability works with that law. The judge also deemed that the parties were different in both cases, since the plaintiff in the civil case was the injured co-worker while the plaintiff in the criminal trial was the State of Florida. The judge deemed that this difference meant that the criminal trial’s conclusions could not simply be used in the civil proceedings.

What does the decision mean for those who have suffered an injury due to an battery in Homestead or another community? Long term, it is unclear. The case will likely be in courts for some time and could impact how the “Stand Your Ground” law is interpreted in future cases. Personal injury attorneys in the state are in support of the most recent court decisions, with some arguing that the “Stand Your Ground” law should not be applied in civil court automatically, even if a defendant has been found not guilty in a criminal court.

Currently, if someone has been injured in an assault and the defendant alleges that they were acting in self-defense, the injured party can still seek damages in civil court. In these cases, it is best to consult with a personal injury attorney to determine what legal options are available.

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Will Florida’s New Law Reduce the Risk of Waste Truck Collisions?

Published on: July 15, 2014 | By Flaxman Law Group

Waste truck collisions in Miami, Homestead, and other Florida cities are a cause for concern. Although often low-speed crashes, these accidents pose a high risk for injury, since waste trucks are so heavy and large. These collisions especially tend to affect pedestrians who may be trying to get around the truck. In many cases, motorists and pedestrians may not notice the frequent stops waste trucks make.

Last month, Florida Governor Rick Scott signed House Bill 7005 into law. The transportation bill includes rules that will hopefully help prevent recycling and waste truck collisions. One part of the bill includes waste and recycling trucks in the state’s “Move Over Act.” The “Move Over Act” has been in Florida for some time and requires drivers to move over one lane or slow down to 20 mph under the posted speed limit when approaching a tow truck or emergency vehicle. The law was aimed at reducing pedestrian accidents in Miami and other cities caused by drivers passing too close to emergency workers and tow truck drivers who were assisting people on the side of the road. Thanks to the passage of House Bill 7005 into law, recycling and waste trucks will now be included, potentially preventing Florida and Miami roadway collisions involving recycling and sanitation workers.

The National Waste & Recycling Association (NW&RA) has praised the new law and has also continued its own efforts to pass “Slow Down to Get Around” laws in other states. The organization also has a “Slow Down to Get Around” campaign to alert drivers of the importance of slowing down and driving with more caution when driving near or around sanitation trucks. The campaign is meant to help reduce traffic accidents as well as sanitation worker workplace accidents in Miami and other cities.

Safety experts and the National Waste & Recycling Association (NW&RA) have a few tips for drivers to help them avoid car collisions in Miami and other cities:

1) Keep in mind that waste and recycling collection trucks make frequent stops and have larger blind spots. Driving near these vehicles is not like driving near other cars – or even near commercial trucks. Drivers need to be more alert and prepared to stop.

2) Be aware of pedestrian traffic around sanitation trucks. Workers need to move from the truck to the sidewalk to pick up recyclables and other items. This makes them vulnerable to collisions. When you see a sanitation truck stopped or parked, keep alert for any workers in the area.

3) On your own waste and recycling collection day, use extra caution when leaving your driveway for work. When backing up, make sure that there are no city workers in your blind spots. On collection day, place your recycling and any other items for pick-up at the appropriate place on the curb.

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Will New Law Affect Assault and Battery Cases in Hollywood and Other Florida Communities?

Published on: July 10, 2014 | By Flaxman Law Group

In assault and battery cases in Hollywood and other Florida communities, the defendant in the case will often allege that they acted in “self-defense” because they felt threated. In Florida, it is legal to use force when defending oneself or one’s property and under the state’s “Stand Your Ground” law, Florida clarifies that people do not have to retreat if they are threatened.

Recently, HB89 was signed into law to clarify the rules. HB89 confirmed that all self-defense laws apply to situations where there is a threat of force and to situations where there is actual force. This means that in a situation where someone is threatened verbally or has warning shots fired at them they are protected to the same extent as someone who is subject to actual force.

HB89 also removes the mandatory minimum sentenced in cases where a person is found guilty of imperfect self-defense. In these cases, someone honestly believes that they are threatened but that belief turns out to be incorrect and an innocent person is injured as a result.

These legal changes may affect some legal cases in Florida. However, someone who has been injured in an assault and battery in Hollywood or another Florida community still has access to the civil court system and not just the criminal court system. In cases where someone is injured in an attack, the attacker may be charged in criminal court. Whether they are found guilty or not, the person who has been injured can still seek compensation through a civil court claim for any damages. These may include income loss, the cost of medical care, pain and suffering, and property damage. Whether a person claims they were acting in self-defense or not, they can still be held liable if their actions are found to be negligent and if their recklessness leads to injuries.

Often, these cases become situations of finger-pointing, with the accused claiming that the injured person did something wrong that provoked the attack. The attacker may allege that they felt threatened or that the injured party did or said something threatening. In these cases, it is important for the injured party to work with a personal injury attorney in Hollywood or their community. An attorney can hire investigators to interview witnesses and to otherwise seek evidence in the case.

Attorneys can also help find all liable parties in the case. In cases of violence, injured victims sometimes also have a case against the owner of the property where the incident took place. If a property owner knew of similar crimes in the area but failed to act to protect visitors to their property they may be held partly liable for injuries. This can be the case even in cases where the perpetrator is never caught.

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Changes in Attitudes Needed to Reduce Trucking Collisions in Hollywood and Florida

Published on: July 10, 2014 | By Flaxman Law Group

There is no doubt that fatigued driving in Hollywood and across the country leads to trucking collisions. Each year, thousands of people are injured or killed in trucking collisions in Hollywood and across the nation because big rig drivers and tractor trailer drivers get behind the wheel when they are too tired to drive safely.

Even though the risks of fatigued driving are well-known, there is much disagreement as to how to address the issue. Earlier this year, new hours of service regulations were passed which would require different rests breaks and would lower maximum hours driven per week from 82 to 70. Safety advocates claimed that the hours of service rules did not go far enough and still allowed long-haul truckers to stay on the roads for much longer than may be safe.

The trucking industry did not agree with the changes either, stating that the new rules require two rest periods between 1 a.m. and 5 a.m. each week, which would put truck drivers back on the roads during morning rush hour, potentially creating the risk for more collisions. Some legislators are seeking an amendment through Senate that would freeze the new hours of service rules until more research could be done to determine the rules’ effect on roadway safety.

Trucking industry officials have also stated that giving long-haul drivers more flexibility about rest periods would be more conducive to sleep and rest between driving times. They have further argued that simply cutting back hours would lower productivity and put more trucks on the roads, which could increase the risk of motor vehicle collisions in Hollywood and other cities.

Even doing research about fatigued driving is difficult, in part because fatigue is challenging to measure and problematic to prove after the fact. A 1990 study by the Transportation Safety Board concluded that fatigued driving played a role in 182 commercial truck crashes studies. In a 2006 study, however, the Department of Transportation concluded that fatigued driving plays a role in 13% of trucking accidents.

While many experts focus on passing laws that would reduce fatigued driving and crashes, part of the problem with fatigued driving is that it can be so hard to legislate. A driver can technically obey the hours of service rules and still be a danger on the road. Drivers may be unable to sleep during their rest periods, for example, or may suffer from sleep disorders or health conditions that leave them fatigued even when they get the mandated number of rest breaks.

Clearly, passing new laws is not enough. What needs to change are attitudes. Rather than trying to simply state how many hours a driver must rest, more needs to be done to give drivers the tools needed to stay safe on the roads. This may mean providing more health services so that truck drivers can address any symptoms or problems before they become a hazard. It can also mean paying truck drivers well, even if they need to make a safer decision to take an unscheduled rest break due to fatigue. The way trucking is set up is that truck drivers are paid by cargo delivered and miles driven. There is a financial incentive to push past fatigue and keep driving.

What do you think? What needs to be done to help prevent fatigued driving from claiming more lives?

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How Personal Injury Investigations Work in Miami and Other Cities

Published on: July 8, 2014 | By Flaxman Law Group

If you have been injured in a car accident in Miami or any other type of incident, an investigation will usually be launched. For example, if you have been injured in a roadway accident or workplace accident in Miami or another city, you will generally qualify for insurance benefits and the insurance company will launch its own investigation into the incident. If there is a suspicion that your injuries were caused by a criminal act, there may also be an investigation launched by authorities, although in some cases authorities rely on insurance company findings for their own investigation.

If you work with a personal injury attorney in Miami or your community, your personal injury attorney will likely work with accident reconstruction experts, private investigators, and other professionals to investigate your case. This is important since it can bring evidence to light that was not uncovered in the official investigation or the insurance investigation.

Both in the insurance investigation and in any investigation overseen by an attorney, the main goal is often to decide liability. This is because in order for plaintiffs to succeed in recovering damages, they must prove damages as well as liability. In any investigation, investigators are also typically trying to find a link between an injury and the accident. For example, in an intersection accident in Miami or another city, investigators may try to determine how the collision caused a spinal cord injury or other trauma.

The investigation itself will usually involve:

•Speaking to witnesses
•Gathering evidence, including multiple and detailed photos of any damages
•Gathering clues, such as trademarks or metal deformation in a car accident case
•Getting an expert’s opinion about injuries and the causes of an injury
•Seeking other victims who have been injured in the same way (for example, seeking others who have been injured using the same product in a products liability case)
•Getting information about the plaintiff, including medical history and any previous legal claims or felonies
•Getting medical records or securing medical testing to determine the nature, costs, and cause of injuries sustained
•Interviewing the plaintiff
•Interviewing the defendant or running a background check on them
•Researching known associates and neighbors of the parties involved
•Securing police records and any information regarding a police investigation
•Interviewing first responders at the scene
•Securing a truck’s “black box” and driver logs in the event of a trucking accident
•Securing any security or surveillance camera footage of the area where the incident took place
•Hiring a forensics investigator to look into the finances or phone or computer records of people pertinent to the case
•Compiling evidence of a plaintiff’s losses and damages
A good personal injury attorney in Miami will act quickly to launch an investigation and will have access to the professionals who can handle the investigation well.

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How Can We Reduce the Number of Trucking Collisions in Homestead and Other Florida Communities?

Published on: July 8, 2014 | By Flaxman Law Group

Trucking and traffic collisions in Homestead and other communities are a major concern, especially since big rigs and tractor trailers have the potential to cause massive devastation in crashes. A commercial truck carrying flammable materials, for example, can cause an explosion or a fire that can damage businesses and can injure bystanders over a large area. A truck rollover in Homestead or anywhere in Florida can be a multiple vehicle crash, resulting in lives lost and multiple injuries.

So what can we do to prevent trucking and multiple vehicle accidents in Homestead and other cities? According to industry experts, some of the solutions are already here and they include:

1) Electronic logging. Federal regulations require commercial truck drivers to keep track of miles driven and rests taken, but personal injury attorneys in Homestead and other cities know that these logs are far from reliable and can even be falsified (or forgotten). Electronic logs rely on an onboard computer linked to the engine to keep tabs on driving time and rest breaks. So far, about 25 percent of trucks use these devices but safety experts say that making e-logging devices universal could potentially cut down on fatigued driving in Homestead and other communities.

2) Better pay. Some industry advocates say that paying truckers more and especially paying them for time spent waiting while a truck is loaded would result in a safer and more professional workforce. Other safety experts say that currently drivers have a financial incentive to drive more and to meet deadlines at any cost, while a safer pay structure would financially reward drivers for driving without traffic violations or accidents.

3) Changing hours of service rules. While many agree that hours of service rules should change, there is much debate about how they should be changed. A current change in rules has meant that drivers can work no more than 14 hours a day, with up to 11 hours of that on the road. The new rules also require drivers to get 10 consecutive hours of rest between shifts and get at least one half an hour break during the first eight hours of a new shift. Long-distance truck drivers can have work weeks of up to 70 hours every eight days and must re-set their week by being off duty for at least 34 hours, with at least two blocks of time occurring consecutively between one in the morning and five in the morning. Safety experts say that these hours of work still put drivers at risk of fatigued driving, especially given how stressful and deadline-focused long-haul trucking is. The trucking industry, however, says that cutting hours of service rules does not make for safer drivers. Even with longer rest times, there is often no way to ensure that drivers manage their break times well to get maximum amounts of sleep. A driver can potentially obey all the rules and still be sleep deprived.

4) Giving drivers better access to health care. Driver health can have a big impact on collision rates. Drivers with heart conditions, sleep disorders, and other health conditions can be a danger on the roads, and trucking itself can put drivers at risk for a number of health issues, including obesity, heart disease, and some cancers. Giving drivers access to free screenings and offering more preventative medical advice could help address some of these concerns, although what is really needed is a change in attitudes about how the industry as a whole and how individual drivers address health risks.

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Florida Injury Lawyer Blog

1) Keep children away from grills.