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

Deadly (and Mistaken) Assumptions That Could Lead to Personal Injury in Your Homestead Home This Summer

Published on: July 3, 2014 | By Flaxman Law Group

Personal injuries in Homestead and other communities are a special concern in the summer. Not only are children around more often in the summer – meaning that they are more at risk for injury in the home – but barbecues, fireworks, and other summer activities bring their own risks, as well.

Unfortunately, sometimes attitudes create a risk. There are several assumptions that homeowners can make, for example, that could put families at risk:

1) “We have smoke alarms – somewhere – so we’re safe from fires.” It is not enough to have fire alarms in your home. They also need to be checked regularly and you need a fire plan as well as fire extinguishers in your home to keep your family safe. Thanks to thunderstorms, barbecues, and fireworks, summer can create a higher risk of fires, so this is a good time to make sure your home is safe. Start by walking through your home and checking smoke alarms. Make sure you have enough alarms and if the batteries have not been changed in a while, check them. During your walk-through, keep an eye out for fire hazards – such as frayed cords – and fix them. Be sure to have fire extinguishers in the kitchen and outside by the grill. Review your fire escape plan with your family so that everybody knows how to get out safely in the event of a fire.

2) “Barbecues are a casual way to have fun.” Barbecues can be fun but they also pose a big risk. If you have a grill, make sure that it is well away from your home and from any flammable surfaces. Only use your barbecue outdoors and always keep the cooking area supervised.

3) “Our guests are responsible and can get themselves home safely.” If you are hosting a party, make sure that you take away the keys of any guest who has been drinking or make sure that everyone has a safe ride home. Preventing drunk driving accidents in Homestead and Florida is everyone’s responsibility.

4) “My pool area was safe last year, so it’s fine.” Pool injuries and drowning injuries in Homestead and Florida are all too common and even if you have created a safe pool area, it may not stay safe. Gates can be compromised by weather, as can alarm systems. Be sure to check the integrity of the fence and gate around your pool. A self-locking gate with an alarm is best as it can let you know quickly if someone enters the pool area.

5) “I don’t need a lifejacket because I know how to swim.” Fatalities in boating accidents in Homestead and other communities most often occur due to drowning. Knowing how to swim does not always help, either. If you fall out of a boat and hit your head, you may be unconscious and unable to swim to shore. In these instances, a life jacket can keep you afloat (and visible) until help arrives.

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Highway and Truck Accidents are Deadly and Costly

Published on: July 3, 2014 | By Flaxman Law Group

Trucking collisions in Hollywood and other cities are expensive, not just for injured parties but also for entire communities. In fact, according to a new study by the National Highway Traffic Safety Administration (NHTSA), highway collisions across the country cost about $871 billion annually in community harm and financial costs.

The NHTSA study looked at truck and car accidents in 2010. That year, there were 24 million damaged trucks and cars, 32,999 deaths, and 3.9 million injuries attributed to roadway collisions. From this, the researchers concluded that the accidents caused $594 billion in societal costs and $277 billion in economic losses. The costs included the costs of decreased quality of life, decreased productivity, loss of life, and other losses.

The same study found that three specific driving behaviors contributed a total of 62% of the societal costs and 56% of the economic costs. These three behaviors were drunk driving, speeding, and distracted driving. Speeding accounted for about 24% or $210 billion of societal harm and 21% or $59 billion in economic costs. Drunk driving was linked to 23% or $199 billion of societal harm and 18% or $49 billion in economic costs. Distracted driving was said to cost 17% or $46 billion of total economic costs as well as $129 billion in societal harm.

This last may actually be good news. Since speeding, distracted driving, and drunk driving in Hollywood and other communities is so preventable, it is possible that focusing on just these three causes of tragic crashes could have a huge impact on the total number of accidents and the losses caused by these accidents.

The study did not examine individual costs of trucking and automobile collisions in Hollywood and other cities, but the fact is that individual costs can be an even larger problem. While total collision costs of $871 billion annually are very large, an entire country can absorb these costs. When individuals are injured and incur tens of thousands or hundreds of thousands of dollars in losses, however, it can be almost impossible to deal with this financial challenge.

In fact, unexpected medical expenses are a leading cause of bankruptcy in Hollywood and across the country. When people are injured in car or truck accidents, they often face severe financial losses, including:

•Income loss
•Long-term wage loss
•Car repair bills
•Property damage
•Vehicle replacement costs
•Medical bills
•Long-term medical expenses
These expenses can add up very quickly. Even diagnostic screening can add up to thousands of dollars. While insurance is meant to help protect motorists from these costs, it does not always provide the coverage that patients need. In some cases, insurance adjusters undervalue a claim or allege that a patient is not covered for certain benefits or procedures. A patient who has very good medical and car insurance coverage can still be left with bills that end up causing severe financial distress. In some cases, patients face bankruptcy due to these costs.

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Common Sense Could Slash Boating Accident Risks in Fort Lauderdale and Other Cities

Published on: July 1, 2014 | By Flaxman Law Group

With the Fourth of July weekend approaching, many boaters are thinking about heading out on the water, and the Florida Fish and Wildlife Conservation Commission would like to warn boaters to take steps to prevent boating accidents in Fort Lauderdale and other cities. According to safety experts, there are several things that boaters can do to prevent boating accidents and injuries:

1) Review safety information. The Florida Fish and Wildlife Conservation Commission website at myfwc.com offers safety tips and more information for boaters.

2) Treat boating as seriously as you would driving a car. Many people are far more casual about boating, but both tasks require the same motor and cognitive skills and both tasks can be just dangerous.

3) Get formal safety lessons. Under laws passed in 2010, if you were born on or after Jan. 1, 1988 you must take an accepted safety course for boaters if you want to operate a watercraft. Even if you do not need to take a safety course by law, however, you will still want to sign up for one. Just as driver’s education can reduce your risk of causing a car accident in Fort Lauderdale or your community, safety instruction can help keep you from being in a boating accident.

4) Wear life jackets – and insist your passengers also wear them. Drowning in Fort Lauderdale and Florida can happen in even shallow water and it is one of the leading causes of boating fatalities. According to the Florida Fish and Wildlife Conservation Commission, 61% of boating deaths in 2013 were caused by drowning and 49% of victims were not wearing life jackets at the time of death. Many people assume that they do not need floatation devices or life jackets if they can swim, but life jackets can help you survive if you sustain a head injury in Fort Lauderdale or your community after falling from a boat and lose consciousness.

5) Do not drink and boat. Anything that puts you at risk of a traffic collision in Fort Lauderdale or your community can also put you at risk on the water. Distraction, drinking, and fatigue, for example, are all closely linked to many boating accidents each year, as is speeding.

6) Be prepared. Your boat should have a first aid kit, fire extinguisher, a paddle for any engine problems, an anchor and anchor line, a pump, a light for bad conditions, and a communication device so that you can call for help if you need it. Each person on the boat should have a life jacket and a whistle to call for help if they fall overboard.

7) Do consider the effects of the water and the sun. The sun and the glare off the water can exacerbate the effects of alcohol and can also make it harder to focus or to stay awake while fatigued. The movement of the water can also mask the effects of drinking. Often, boaters will not feel the effects of alcohol until they return back to land.

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How ITS and Technology Could Help prevent Truck Accidents

Published on: July 1, 2014 | By Flaxman Law Group

In the past, roads were basically surfaces for vehicles. Today, however, Intelligent Transportation Systems (ITS) mean that communications technology can be combined with road and vehicle technology so that infrastructure and vehicles can communicate. According to some safety experts, ITS and related technology can be an important step towards reducing truck accidents in Homestead and other communities.

Already, there are ITS and other technology solutions in place that can help prevent accidents. This technology includes:

1) Mobile weigh stations. Overweight trucks in Homestead and other communities are a leading cause of trucking accidents and are also very detrimental to roads. Despite weigh stations and federal weight limits, however, enforcing overloaded trucks has always been difficult. Some companies have developed mobile weigh stations, which allow weigh stations to be moved, making it harder for commercial trucks to avoid weigh stations.

2) Interactive roads. Most roads are static, but some companies have developed roads that can actually change line markings with the press of a button, can automatically melt ice and snow, and can even warn cars and trucks about upcoming road hazards (such as debris or wildlife in a lane).

3) Weigh station pre-screening. Some companies produce scales that allow trucks to be weighed before they even get to weigh stations. The way these scales work is that they are embedded into the road surface. As a truck rolls over the pavement, the truck’s registration information and weight are recorded – all without the truck having to stop. If the truck is found to be overweight, it can be directed to the nearest weigh station for more evaluation. Not only does this technology promise to find more overloaded trucks, but it can also improve traffic flow by ensuring that only trucks that may exceed weight limits need to stop at weigh stations.

4) Rollover prevention strategies. The same technology that is used in weigh station pre-screening scales can also be used to prevent rollover accidents. Some steep inclines and high-collision ramps across the country already use this technology. Basically, the same under-pavement scales used in weigh scale prescreening can be installed before a steep incline or other high-risk area. The system can automatically note the type and weight of the vehicle approaching the area and flash a message on a road sign about the safest speed limit for the truck. This can help prevent rollovers in Homestead and other communities by ensuring that drivers slow down to a safer speed.

5) Fleet and driver management. Technology is also being used to monitor drivers and fleets more effectively. This can give motor carriers the tools needed to note whether specific drivers or trucks have a higher instance of collisions or whether a driver is speeding or taking other risks on the road.

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Fuel Truck Accidents Can Cause Fires and Devastating Damage in Miami and Other Cities

Published on: June 27, 2014 | By Flaxman Law Group

Big rigs and tractor trailers are used to transport a variety of products across the state and across the country each day, but some trucks carry hazardous materials. One type of cargo that can be especially deadly is fuel. Fuel tankers are involved in devastating trucking accidents in Miami and other cities each year. These types of accidents have a high rate of fatalities and cause environmental devastation as well.

There are many things that can make fuel tank traffic accidents in Miami and other cities so deadly:

1) Fuel tanks carry hazardous material in a less stable format. Fuel and natural gas are already flammable and hazardous but any hazardous material in liquid form can be even more deadly as it can slosh around inside a tanker and can be harder to stabilize, creating a larger risk of rollovers and accidents.

2) Fuel tank collisions are likely to lead to fires and explosions. Since the cargo is so unstable in a motor vehicle crash in Miami or another city, a fuel tank can catch fire or even explode. In this situation, the fuel inside the tank can feed the flames, causing an inferno that is strong enough to melt the road and cause severe damage to the traffic around the trucks and traffic.

3) Fuel tank crashes can be a challenge for emergency response teams. Due to the fire and explosions these collisions can cause, fire fighters and other emergency responders can have a hard time getting close to the source of the blaze. This can mean that it takes some time to put the fire out, leading to more serious fire damage. Since emergency responders may not be able to get too close, they may also have a hard time offering life-saving treatment to those who were at the center of the accident and blaze.

4) Fuel tank accidents can result in environmental and secondary damage. When emergency responders are sent to a fuel tanker accident, they often send HAZMAT teams. The bystanders, homeowners, and motorists who are near the crash, though, do not have the layers of protection that HAZMAT suits and equipment offer. These bystanders may be exposed to smoke, hazardous materials, and toxins. Although authorities may try to clean up spilled fuel and may try to absorb some of the fuel spilled on the road, some of the toxins may seep into water sources or may continue to be present in the area for some time, possibly leading to health concerns for local residents as well as risks of secondary road accidents.

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Florida Supreme Court and Legal System Take on Medical Malpractice Caps in The State

Published on: June 26, 2014 | By Flaxman Law Group

The Florida Supreme Court will likely be issuing rulings about limits on medical malpractice damages in Miami and across the state. The rulings stem from a case that involves a woman who received what she believed to be unnecessary leg surgery. After the surgery, the patient suffered from complication and was awarded $1.5 million by a jury for pain and suffering. However, caps on damages in medical malpractice cases were passed in 2003 and as a result a lower court reduced the woman’s damages to $500 000. One of the decisions the Florida Supreme Court will need to decide is whether to apply the medical malpractice caps retroactively.

The cap that was instituted in 2003 was itself controversial. Then-governor Jeb Bush as well as Republican lawmakers worked to limit the non-economic damages possible in medical malpractice cases. Doctors and medical facilities supported the move, stating that medical malpractice claims were increasing insurance costs. In the end, non-economic damages in the state were limited to $500,000 or $1 million in medical malpractice cases, depending on the number of parties involved and the severity of the injury.

Attorneys and injured patients, however, disagreed with the caps, saying that the limits would deprive injured patients of their rights. While the caps do not affect economic damages – which means that patients who have been injured by medical malpractice and misdiagnosis in Miami and other cities can still claim damages for income loss, future expected wage losses, and medical costs stemming from their injuries – the non-economic damages are important in medical malpractice cases. Non-economic damages help patients recover compensation that can help pay for the many incidental costs patients sustain after medical issues. These damages also send a message to doctors who are negligent when it comes to patient safety and health.

In March of this year, the Florida Supreme Court claimed part of the new cap was unconstitutional. That claim arose from a birth injury case in which a mother died in 2006 due to complications. The family initially won $2 million in pain and suffering damages but a judge reduced the amount to $1 million, citing the 2003 law.

What does the Supreme Court deliberation mean for patients who suffer from misdiagnosis and birth injury in Miami and Florida? While it is too soon to tell, attorneys agree that anyone who thinks they have a claim should contact a personal injury attorney in Miami or their community. Even if the $500 000 and $1 million caps remain in place, patients who have been injured due to negligence and recklessness deserve justice and compensation. There are still options available for patients who have been injured.

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Simple Ways to Prevent Forklift Truck Injury in Homestead and Other Cities

Published on: June 24, 2014 | By Flaxman Law Group

Industrial warehouses, construction sites, and other workplaces are often the site of forklift truck accidents in Homestead and other Florida communities. In many cases, these workplace accidents in Homestead and other cities are caused by uncontrolled traffic, overloading of forklifts, speed, or difficulty with the machinery itself. According to safety experts, however, there are several things that employees and employers can do to prevent these types of injuries and accidents:

1) Ensure good planning.

Written safety policies can go a long way towards preventing workplace injuries. Employers should check their workplaces for hazards and come up with concrete, written plans for preventing injury. While not every accident can be prevented, many can be foreseen and in many cases steps can be taken to minimize the risk.

2) Institute good training programs.

Undertrained and underqualified employees are more likely to be injured and more likely to file workers’ compensation claims in Homestead and other communities because they are more likely to be injured on the job. It is important for employers to screen employees carefully and to train them for job-specific tasks to make sure that workers know how to stay safe on the job.

3) Take steps to prevent tip-overs.

Tip-overs are one of the leading causes of serious injury with forklift trucks. Unfortunately, when a forklift starts to tip over, many workers on instinct try to jump clear of the truck. In too many cases, this leads to crushing injuries, fatalities, and spinal cord injuries in Homestead and other cities. According to safety experts, there are several things that employees can do to prevent tip-overs:

•Keep the load on the trucks stable by not overloading the truck and by lowering loaded forks and tilting them backwards
•When using a forklift, take turns at a slower and steady pace
•Be cautious when using forklifts to move tall, oddly shaped, wide, or otherwise unstable loads, finding alternative ways to move them where possible.

4) Allow only responsible drivers on forklift trucks.

Proper supervision can help prevent any sort of irresponsible or reckless driving. Even if done in jest, any sort of irresponsible driving can be extremely dangerous, simply because forklift trucks are often unstable and every heavy.

5) Take extra steps to protect pedestrians around forklifts.

One of the big problems with forklifts is that they are often used in workplaces where there are also employees and workers walking in the same area that the forklift is being used. It is important to use the signals and horns on the forklift to alert workers in the area that the truck is in motion. The person operating the forklift should keep their eyes in the direction the forklift is moving and should be vigilant about checking blind spots and checking for pedestrians in the area. Use warning signs and floor markings, where possible, to remind workers where forklifts may be in use.

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How Safe are Florida Hospitals?

Published on: June 24, 2014 | By Flaxman Law Group

The recently released Hospital Safety Score by the Leapfrog Group ranks hospitals on 28 factors, including how often hospital employees wash their hands. A number of Florida hospitals in the most recent score system ranked “A” on an “A” to “D” scale. Florida Hospital Lake Placid, NCH Healthcare System, Baptist Health South Florida Baptist Hospital of Miami, Raulerson Hospital of Okeechobee, Florida Hospital Wauchula, Fawcett Memorial, and Florida Hospital Heartland all received “A” rankings. Overall, Florida hospitals ranked eleventh in the country.

Some hospitals are not ranked in the study. For example, Highlands Regional Medical Center has been ranked is a Joint Commission accredited facility but is not ranked by Leapfrog Group. Some hospitals are also too small and are not ranked for that reason. Other hospitals received low rankings from the Leapfrog Group but high ratings elsewhere. Lee Memorial, for example, had its hospitals graded from B to D but noted that another organization, Healthgrades, named Lee Memorial one of the top 50 hospital systems in the country this year.

Medical malpractice cases in Miami and other cities are a real concern – as are medical errors. Patients enter hospitals for treatments, birth, testing, and to get better. It can be upsetting to find that preventable errors lead to complications, injuries, and even fatalities.

Safety experts agree that there are many things that patients can do to improve their chances of a positive outcome when they visit a hospital – even if they live in an area with hospitals that have lower ratings:

1) Check hospitals ratings. You can visit leapfroggroup.org and other sites online to see surveys and rankings of hospitals. You may wish to check for specific risks. For example, if you are heading to the hospital for surgery, check to see what the rate of surgical error is at the Miami hospital you are considering.

2) Choose hospitals where you can. Of course, in some cases you may have an emergency and be taken to the nearest hospital. In many cases, you can ask your doctor for their opinion about the best hospitals for your specific needs. For example, if you are expecting you may wish to ask for recommendations for hospitals with low numbers of birth injuries in Miami or your community.

3) Ask questions and confirm information. Even if you go to a top-ranked hospital, errors and problems can still occur. If you have a question or concern, speak up. One of the big problems with hospitals is that many people will be responsible for your care and not all of them will be familiar with your case. For this reason, you may wish to confirm allergies, medication and dosages, and other details with each new person handing you medication or helping you with treatment.

4) Take a friend with you when you need to go to the hospital. If you are too injured to be able to take notes, provide information, or ask questions, your friend can assist.

5) Avoid visiting the hospital at times when medical mistakes are most likely to happen. Mistakes and errors may be more likely at night and on weekends (especially holiday weekends) when there is a smaller number of staff on hand.

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New Report Finds that Pedestrian Accidents in South Florida are Too Frequent

Published on: June 19, 2014 | By Flaxman Law Group

According to a recent report published by the National Complete Streets Coalition and Smart Growth America, Florida leads the nation when it comes to the most dangerous areas for pedestrians. In fact, according to the report, the top four most dangerous regions in the country are all located in the state, with South Florida ranking fourth. In the Miami-Fort Lauderdale-Pompano Beach South Florida area, pedestrians are injured by cars at almost triple the average national rate for pedestrian accidents.

Rather than disputing the claims, representatives from Florida Department of Transportation have acknowledged that there are some real concerns when it comes to pedestrian accidents in Fort Lauderdale, Miami, and other South Florida areas. According to the National Complete Streets Coalition and Smart Growth America, 47,000 pedestrian died in accidents between 2003 and 2012. In South Florida in the past ten years, there have been 1,539 pedestrians killed, numbers that compare to much denser populations such as Los Angeles and New York.

According to the report, part of the problem may have to do with road design in Fort Lauderdale, Miami, and other areas. Florida expanded rapidly following Word War II and at the time the focus was on rapid expansion, suburbs, and making auto-friendly routes. Unlike older developments, the focus was not on pedestrians but rather on making areas accessible to drivers. As a result, pedestrian-safe design was not a high priority and many areas were built up without much access for people on foot.

According to the National Complete Streets Coalition and Smart Growth America, another issue that could be contributing to high rates of pedestrian and car accidents in Fort Lauderdale, Miami, and other cities is the larger elderly population. Of all states, Florida has the highest number of residents over 65. People in their senior years are more likely to be pedestrians, especially if illness prevents them from driving. At the same time, their age and some pre-existing conditions can mean that the elderly are more likely to suffer fatal or serious injuries in a pedestrian crash.

The report had a number of recommendations to make to improve pedestrian safety in South Florida and across the state. Among them was reducing the number of high-speed arterial lanes with many lanes. According to the report, this is where many fatal pedestrian accidents take place. The group also recommended adding more sidewalks and crosswalks to create safer areas for pedestrians to walk.

According to the Florida Department of Transportation, some changes have already been made in the state after a similar report in 2011 pointed out the dangers for pedestrians in Florida. However, the agency noted that it would take time to fix the problem. So far, engineers and the agency have been identifying areas where pedestrian accidents are a high risk and have been considering ways to slow traffic, reduce speed limits, limit right turns, and take other steps that could help prevent future collisions.

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HD Tires and Truck Safety: What You Need to Know

Published on: June 19, 2014 | By Flaxman Law Group

Heavy-duty (HD) truck tires are three quarter ton and one ton commercial truck tires. HD tires are different from most tires because they have smaller spaces between blocks of tread, deeper treads, three-ply polyester casing, and other features which make them more rugged. These tires are specifically designed for the considerable demands of long-haul trucking, but it seems as though tire blowouts in Miami and other cities as well as other tire issues are always in the news. There are product liability lawsuits launched in Miami and across the country when these tires fail and sometimes tire recalls are launched when manufacturing defects develop.

Why are there so many challenges with HD tires? According to safety experts and manufacturers, the climate across the country varies widely, from freezing temperatures during part of the year in the north to very hot and sometimes wet conditions in the South. Manufacturers need to create tires that work in all of these conditions. In addition, tires are meant to be used in certain ways. Even the best designed tires, created with extensive on-road testing, consideration of customer comments, and even computer software, won’t work well if they are stored in a warehouse for extended periods of time before use, allowing the rubber to deteriorate. When truck drivers speed, fail to take proper care of their HD tires, or overload trucks past their maximum capacity, tires can still fail. In addition, flaws in the design and manufacturing process can still create design defects that can lead to tire blowouts and truck rollovers in Miami and other cities.

There are many things that truck carriers and drivers can do to prevent tire issues and trucking collisions caused by HD tire issues:

1) Choose the right HD tire for the job. When buying tires for a big rig or tractor trailer, it is important to consider the gross vehicle weight rating (GVWR) of the truck as well as the gross axle weight ratings and to choose HD tires appropriate for those numbers.

2) Make sure things add up. Sometimes, one tire will wear out before the others. When it does and only one tire needs to be replaced, it is important that the replacement tire is the exact same type of tire and has the same tread depth and wear as the other tires. Mismatched tires increase the risk of collisions and tire issues.

3) Perform maintenance routinely. Although HD tires are designed to withstand various conditions, they still need more inspection than the average passenger tire because there is simply more pressure and more demands placed on big rig and tractor trailer tires. As part of regular maintenance, tires should be checked for wear and issues. They should also be kept properly inflated. Over-inflated tires can blowout while under-inflated tires can cause heat to build up inside the tire, which can also lead to tire blowouts. Tires should also be rotated regularly, since HD tires on a big rig or commercial truck all do different tasks and therefore wear down at different rates, leading to mismatched tires.

4) If you need to replace one or two tires, put your new tires in the front. On a truck, especially, having better treads in the front is safer and is more likely to help you avoid a collision.

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