Fort Lauderdale Injury Lawyer Blog

Children being shot by other children is an all too common occurence. In South Florida, it happened again. A funeral service is set for an 11-year-old Deerfield Beach, Florida, boy who was accidentally shot to death by his younger brother.

The boy's 10-year-old brother, whose name has not been released, shot him in the face when they found a gun in their father's Dodge pickup truck, according to a Broward Sheriff's Office report.

Their father had sent the boys out to his truck to pick up his coat according to the Broward Sheriff's Office. The father was in his apartment when the shooting happened.

Child-welfare officials who investigated the case said the father had not neglected his children. The Florida Department of Children & Families determined it is safe for man's 14-year-old daughter and surviving son to continue living with him

Authorities said the shooting was an unintentional accident. Florida records show that the father has a valid concealed weapons permit.

Broward detectives completed their investigation and have presented their findings to the Broward County State Attorney's Office. The state attorney's office in Fort Lauderdale is reviewing the file to determine whether to file criminal charges. If such charges were filed, it would be the least of the parents' concerns.

This case represents another tragedy which could have been avoided. Any time young children are near loaded guns, people need to be be alert that something like this can happen. Florida law requires that in households with children, loaded guns must be kept out of the reach of children or secured with a trigger lock or like device.

Continue reading "Funeral for Broward boy accidentally shot by brother" »

The Sooner the Better.

It is important to remember that time is of essence. The longer you wait, the more likely it becomes that critical evidence will no longer be available -- witnesses' memories fade and the opportunity to take photographs may be gone. Conditions at the scene of the accident, evidence of the property damage, injuries, and other relevant evidence can change or even disappear.

Personal injury cases and wrongful death cases have important deadlines in which to file a lawsuit called "statutes of limitations." If your claim is not filed within the statute of limitations, it may be forever barred! The sooner you e-mail or call us at The Ben Law Firm, the sooner we can assess the scope of your claim and and begin processing your case. Unfortunately, by the time many accident victims decide to consult a lawyer, much of the evidence available right after the accident occured is no longer around or the statute of limitations may have run.

Report the Accident.

Call 911. Report the incident to the police or the property owner as soon as possible. If you were involved in a motor vehicle accident, you should immediately notify the police. In car accidents, this may be necessary to prove the identity of the owners and the drivers of the vehicles involved, to document the names and addresses of the witnesses and any contributing road conditions. Automobile insurers often require a copy of the accident report before they will pay for any property damage.

If you were involved in a fall or other type of accident, it is important to report the incident to the commercial establishment or property owner as soon as possible so that the the accident is properly documented.

Although many insurance policies require their policy holders to report the accident to the insurance company, it is important to remember that the insurance company is not on your side. You should not give any statements or sign any papers without first consulting with your attorney.

Call your Attorney.

In addition to calling 911 and promptly seeking medical attention, the most important thing you can do after being injured in an accident is to contact an experienced personal injury lawyer. The Ben Law Firm is available 24 hours a day, 7 days a week, at (888) 3Ben-Law or by email at Injured.com, your on-line legal resource.

Obtain Witness Information.

Once you leave the accident scene, it can be difficult, if not impossible to locate the witnesses, even for an experienced private investigator. If you are able, you should try to get the name, address, and telephone number of every witness. If applicable, obtain information of any employees who may have witnessed the incident.

Take Photographs.

People recently involved in accidents often forget that their cell phone has a camera and maybe a video recorder. If possible, you should take pictures of the vehicles (such as the damage and final rest location of the cars), road conditions, conditions of the premises, conditions of the defective product and the extent of your injuries. Much of this evidence will not be available when you contact an attorney. "A picture is worth a thousand words."

Make Sure the Medical Records are Complete.

When you are at the hospital or treating with your doctor, it is important to remember that your medical records will be evidence of the damages in your case. You should provide the health care provider with a complete history of the accident, including the date it occured, and describe in detail the pain or other symptoms you were and are experiencing. Thorough medical records will probably be the strongest evidence of your injuries. If you do not provide a history of the accident or fail to tell your doctor about all of your injuries, the insurance company can use this as a basis to deny all or a part of your claim.

Preserve the Evidence.

Whether you were injured in an auto accident or other serious accident, any evidence you maintain can help your case. Keep your shoes, if you were injured in a slip and fall. If you were hurt by a defective product, keep the product or take pictures of the product. If you were injured in a car crash, keep the vehicle, take pictures of the damage, and keep copies of the receipts for any repair work. Write down everything you can remember: Memories will fade over time. You should write down everything you can remember about the accident, ranging from how the accident occurred to what the conditions of the road or surrounding area were.

If you have any questions, contact us at The Ben Law Firm. We are available to help.

Whether you were injured in Florida or somewhere else, The Ben Law Firm is committed to helping you obtain the best legal representation available. Even if the accident occurred in another state or country, we can refer you to a competent attorney in that area. Remember -- we will not charge you for consulting with us.

Toyota continues to insist at Congressional Hearings that the electronics its cars were not the cause of the sudden acceleration. Various members of a congressional panel responded that it should not be ruled out. Toyota maintains that the "stuck gas pedals" were caused by one of two problems -- misplaced floor mats and sticking accelerator pedals.

Toyota's president. Akio Toyoda, is scheduled to testify before the congressional panel and stated he took "full responsibility" for the uncertainty felt by Toyota owners. He offered his condolences to a San Diego, Calif., family who were killed in late August. "I will do everything in my power to ensure that such a tragedy never happens again," Toyoda said in prepared testimony for Wednesday's hearing to the House Government Oversight Committee. "My name is on every car. You have my personal commitment that Toyota will work vigorously and unceasingly to restore the trust of our customers," Toyoda said.

Congress is investigating Toyota's problems. Toyota has recalled more than 8 million vehicles worldwide -- more than 6 million in the United States -- since last fall because of sudden acceleration problems in multiple models, braking issues in the Prius hybrid and steering concerns in the Corollas. People with Toyotas have complained about their speeding out of control in their efforts to slow down, sometimes resulting in deadly crashes. The government has received complaints of 34 deaths linked to sudden acceleration of Toyota vehicles since 2000.

Representative, Henry Waxman, D-Calif., chairman of the full Energy and Commerce Committee, rejected Toyota's position that its electronics could not possibly be the cause and said this should have been investigated more thoroughly by the company. Waxman was also critical of the federal government saying: "Toyota failed its customers and the government neglected its responsibilities."

Congressman, Bart Stupak, of Michigan said Toyota "all but ignored pleas from consumers to examine sudden unintended acceleration events. . . .They boast in a briefing of saving Toyota $100 million by negotiating a limited recall. They claim that they first became aware of sticking pedals in late October of 2009 when in fact they had received numerous complaints many months and years earlier. . . .They misled the American public by saying that they and other independent sources had thoroughly analyzed the electronics systems and eliminated electronics as a possible cause of sudden unintended acceleration when, in fact, the only such review was a flawed study conducted by a company retained by Toyota's lawyers."

The current wave of sudden acceleration incidents involving many of Toyota's most popular models will almost certainly end up being litigating in the courts. These product liability suits will be for wrongful death and other serious personal injuries. Given the unfavorable climate surrounding Toyota, that company may be inclined to resolve these suits quickly rather than drag them out and create more unfavorable publicity.

Continue reading "Toyota denies electronics the cause safety problems" »

Leroy McGee's nightmare with Florida's criminal justice system began in 1991, when an armed robbery was committed by someone else at a Chevron gas station on Oakland Park Boulevard in Fort Lauderdale, Florida. There was not any physical evidence to place him at the scene. His time card from his job as a custodian at Fort Lauderdale High School showed that he was at work. Nevertheless, the gas station clerk picked McGee from a lineup.

Despite the overwhelming evidence that McGee was not involved with the robbery, a Broward County jury convicted him of the crime. As a result, McGee spent almost 4 years in a Florida prison for a crime he did not commit.

Leroy never gave up on his claim of innocence, even after he was released from prison. An attorney was eventually appointed to review his claim and discovered a number of shocking errors. Eventually, a Broward County judge threw out the charges and Broward County State Attorney's Office never charges refiled against Mr. McGee. Now, he is a free man not looking at the possibility of being prosecuted again.

Although McGee obviously enjoys his new freedom, it is impossible to overstate the devastation caused by the time rotting away in a prison cell. Florida law allows for compensation to wrongfully imprisoned people. But the law excludes from compensation anyone with a prior felony conviction even though that person should never have been there in the first place. Also, the law requires a claimant to jump through certain "legal hoops" which are so complicated that an attorney will typically be required to process the claim. Despite the fact that a lawyer is often required to process the claim, the act doesn't provide for attorneys' fees.

Eventually McGee was paid $179,000.00 for his wrongful imprisoment. Obviously, McGee can never be totally reimbursed for what he endured. His wife divorced him while he was in prison. He missed out on seeing his children grow up. He was never quite able to resume his job, the way it had been before the wrongful conviction. Since it is impossible for McGee to get the time back that he lost in prison, money damages is the best remedy that our legal system can provide.

Opponents of the tort system (usually corporations who stand to gain the most if they have zero responsiblity for their misconduct), have launched expensive publicity campaigns to complain about damages for "pain and suffering," as if they do not really exist. Although non-economic damages such as Leroy McGee's do not have an exact dollar amount, under the law they must be "reasonable." What is reasonable is usually determined by a jury, which should continue.

Whatever you think about a victim of a tort recovering money damages, the $179,000.00 paid to McGee under Florida law, can never begin to compensate him for the anguish he endured in prison. Advocates for tort reform, who like to cite to unusual cases as support for their position, well certainly never make mention of Leroy McGee's wrongful imprisonment or the minimal compensation he received.

Continue reading "Broward man to be paid for wrongful jail term" »

It has been said that: "Money doesn't talk . . . . it screams!" Apparently, the massive amounts of stolen funds that Scott Rothstein threw around to various people managed to create an impression of a man who appeared far more intelligent then he actually was. One example of this is found in the recent comment of the CEO of Qtask, a company which Rothstein invested $7 million of stolen investment funds with.

The Miami Herald reports that attorneys for the bankruptcy trustee for Scott Rothstein's $1.2 billion Ponzi scheme subpoenaed records from a California company, Qtask. In addition to investing millions of dollars with Qtask, Rothstein and various lawyers with his now defunct Fort Lauderdale law firm, Rothstein, Rosenfeldt and Adler, used the company's server to chat among themselves and with others. Qtask bills itself as maintaining a secure computer server designed to house confidential communications. Apparently, Rothstein was concerned about the privacy of his e-mails.

The Rothstein communications that were subpoenaed by the trustee from Qtask might disclose some of his partners in crime. Despite being subpoenaed in December,Qtask still has not produced any records, according to a motion filed in federal bankruptcy court in Fort Lauderdale, Florida, by the attorneys for the trustee.

Russel Mix, chief executive of Qtask, claims that he is trying to comply with the subpoena, but found it hard to believe that Rothstein could be so stupid as to use Qtask's system to engage in criminal chat. "If there was [illegal activity], then these would be the dumbest criminals of all time,'' Mix said. ``Whatever you put in [the Qtask server] becomes permanent.''

Mix, it appears, is attributing to this disbarred lawyer far more street smarts than he deserves. Maybe it was the $7 million Rothstein invested in his company, Qtask, that made him believe that Rothstein was something other than "dumb." Although Rothstein implemented a grandiose Ponzi scheme, it appears that his criminal plan was myopic at best. How long did Rothstein really think he could continue to make the payments that he promised to his investors when he outsourced ridiculous amounts of cash on whatever crazy idea "came across his desk?" Tens, perhaps hundreds of millions of dollars, were blown on restaurants, cigar bars, watch companies, charities, and not one, but two Bugatti automobiles -- each priced at over a million dollars.

Had Rothstein, the grand Ponzi schemer, just been a little bit more discriminating in the way he spent his newly found stolen money, he might have stayed out of the cross-hairs of law enforcement. Rothstein should have realized that he could not afford to throw away millions of dollars on any whimsy that struck his fancy, even if he could continue to find new investors for his Ponzi scheme. For appearances sake, if nothing else, Rothstein needed to maintain some semblance of cash on hand in order to continue to make the monthly payments that he promised to return to his investors. Given the number of people he duped, these payments were substantial and if these payments were even one day late, suspicion would be aroused.

At the end of the day, and contrary to what Mr. Mix apparently believes, Rothstein may well have have been one of the "dumbest white collar criminals of all time." If not "all time dumb," then at least one of the dumbest by Broward County standards. Even the most mediocre of criminal minds (and Rothstein was certainly one of them) had to be thinking about some sort of "exit strategy" or at a minimum, a way to delay detection or to flee. Unlike Bernie Madoff, however, Rothstein simply didn't have the brains to fend off discovery of his Ponzi scheme for more than just a few years.

Getting back to the communications subpoenaed from Qtask, maybe as Mr. Mix has suggested, these will all be benign and nothing new will be discovered. Then again, given Rothstein's "brilliance," he may well have been dumb enough to memorialize his scheming on the Qtask server. Only time, and the communications from Qtask, will tell.

Rothstein's ingenious escape plan was to fly to Morocco on a private Gulfstream jet, then return to South Florida where he quickly surrendered to federal authorities. He then plead guilty to five federal charges and is looking at up to 100 years in prison, which will be determined at his upcoming sentencing hearing this May. For his brief stint as the "most popular" guy in Fort Lauderdale, Rothstein will be waking up every morning for the rest of his life to the same glorious view -- the concrete walls of his jail cell.

Continue reading "Broward County's all time dumbest white collar criminal -- Scott Rothstein?" »

Michael Irvin, a star football player for the University of Miami Hurricanes during the 1980s, was accused of rape by a woman in a civil lawsuit who claimed that she was attacked at the Seminole Hard Rock Hotel & Casino in Hollywood, Florida. The lawsuit was filed in Broward Circuit Court. Irvin, an NFL Hall of Famer, grew up in Fort Lauderdale and was a wide receiver at the University of Miami before joining the Dallas Cowboys.

No criminal charges have been filed against Irvin, although the Broward County State Attorney's Office in Fort Lauderdale is currently investigating the case.

The woman in her complaint alleged the attack occurred around midnight during the early morning of July 5, 2007. The suit doesn't identify the woman, merely referring to her as "Jane Doe." Irvin, through his lawyer, has denied the charges.

In the civil complaint, the woman alleged Irvin bought her drinks, then took her to his hotel room. In the room, another unidentified man restrained her, while Irvin allegedly raped her. When Irvin was finished, the other man allegedly forced her to perform oral sex.

The woman reported the incident approximately two weeks later to the Seminole Police Department on July 20, 2007. A Tribe spokesman said that they inspected the room, but by that time there was no longer any forensic evidence or surveillance video. The woman also signed a waiver of prosecution because she wanted to avoid the publicity which would surround the charges.

The woman's lawyer claimed his client had passed a polygraph test. Her attorney also stated that his client and Irvin's lawyers had attempted to negotiate a settlement. Since the parties could not agree, the woman filed the lawsuit just days before the Super Bowl was to be played in South Florida.

Polygraph tests are not admissable in court unless both parties agree, which usually does not happen. These tests are still viewed as being unreliable because they are subject to manipulation, although they are frequently administered by police during the investigation of crimes.

The civil lawsuit against Michael Irvin also serves to highlight the difference between the criminal court and civil court systems. In criminal court, a defendant is facing a loss of liberty, i.e. jail time, perhaps even the death penalty. In a civil case, the defendant in the event of losing, is looking merely at adverse financial consequences in the form of a civil judgment for money damages.

Victims of sexual assaults have the right to make a claim in civil court for money damages sustained as a result of the attack. Such damages frequently include medical expenses as well as claims for "pain and suffering." The emotional damages to victims of sexual assaults can be devastating and if the evidence warrants, juries in civil cases frequently award substantial verdicts for these types of claims.

A difficult aspect of sexual assault claims in civil cases is collecting money on a judgment that has been awarded. Typically, the perpetrators of these terrible crimes do not have the money to pay off the judgment, making many of these lawsuits economically unfeasible. There are situations, however, where a judgment for money damages may be collectible such as where the location of the attack did not have adequate security, then the property owner may be liable. Also, where the defendant who is alleged to have committed the assault has substantial financial assets such as a professional athlete or wealthy business man, these cases may prove to be "collectible."

Continue reading "Former Miami Hurricane accused of rape" »

Toyota announced that it is recalling 2.3 million vehicles in the United States to correct problems with its accelerator pedals that can become stuck. These cars were sold nationwide, many in Miami and Fort Lauderdale, Florida.

The recall affects the 2009-2010 RAV4, the 2009-2010 Corolla, the 2009-2010 Matrix, the 2005-2010 Avalon, the 2007-2010 Camry, the 2010 Highlander, the 2007-2010 Tundra and the 2008-2010 Sequoia. The attached announcement from Toyotal answers some of the questions concerning these models.

Toyota previously recalled 4.2 million vehicles over concerns that accelerator pedals could become lodged under floor mats, causing sudden acceleration. That problem was blamed for several crashes, including an accident involving a Lexus that accelerated to more than 120 mph before crashing in San Diego, killing four people.

Toyota said this latest recall is due to potential problems with the actual gas pedal mechanism itself, causing the accelerator to become stuck regardless of whether the vehicle contains a floor mat. Toyota said in certain rare cases, the gas pedal mechanism wears down, causing the accelerator to become harder to press, slower to return or, in some cases, stuck.

Toyota said the problem appeared to be related to the potential build-up of condensation on sliding surfaces in the accelerator system that helps drivers push down or release the gas pedal. Toyota, however, did not announce the solution for this problem.

The National Highway Traffic Safety Administration said in a statement that the problem represents a serious safety issue and tnat immediate action should be taken.

Problems with gas pedals that "stick" for no apparent reason are often referred to as "unintended acceleration." It is not too hard to imagine the out-of-control situations which can result when an automobile continues to accelerate no matter what the driver does to the gas pedal. The bottom line: a car traveling at a high rate of speed without the ability to slow down or stop, will eventually become involved in an accident.

In these types of situation, the car's driver and passenger may suffer significant injuries or death. Florida law allows for product liability lawsuits against an automobile manufacturer where the defect is one that could have been prevented by the manufacturer during the design or manufacture of the car. Such lawsuits freqently involve catastrophic medical injuries or wrongful death.

Continue reading "Toyota issues nationwide recall of cars to fix gas pedal, including Florida sales" »

Another dangerous intersection in Broward County was the scene of a car accident on August 12, 2009, injuring eight people. One infant was thrown from a car, while seven others were injured in a collision between a car and a pickup truck at the Oakland Park intersection of North Andrews Avenue and 56th Street, which is known for an overabundance of accidents.

Two women and four children were riding in a car when it collided with a large sized pickup at North Andrews Avenue and 56th Street in Fort Lauderdale. The impact was so bad that it was necessary for the Oakland Park Fire Rescue to use the Jaws of Life to remove the car's driver and one of the children. The man driving the pickup and his passenger were treated for minor injuries.

All eight people involved were taken to Broward General Medical Center in Fort Lauderdale, where the car's driver, an infant and a small child were listed in serious to critical condition. The other passengers in the car, an adult female and two other children received minor injuries and were treated at a local hospital.

The intersection was closed for two hours after the crash as investigators processed the scene. ``It would be speculative to say what vehicle was going which way or who might be at fault,'' a BSO spokesmen said. ``That will be determined after a thorough investigation.''

A man living in the neighborhood who heard the collision from his house on 56th Street just east of Andrews Avenue, stated: ``It's a very dangerous intersection. . . . I've lived in that neighborhood my whole life, and it's just consistently gotten worse. People just come flying over that bridge and they run through the light.'' The man states that he has heard at least five serious accidents at that intersection just this year. ``I hear squealing tire brakes from my house all the time."

Unfortunately, South Florida is chock full of dangerous intersections, with the intersection at Pines Boulevard and Flamingo Road in Pembroke Pines being one of the most dangerous. The Florida Department of Transportation is the government agency responsible for monitoring these intersections and implementing safety precautions. Given the current financial condition of Florida's state government and the ever increasing number of motorists, it appears that the number of dangerous intersections in South Florida will continue to rise.

Continue reading "Fort Lauderdale, Florida -- another dangerous intersectional crash injures 8" »

A man from Dania Beach, Florida was killed on December 25, 2009, when the powered paralgide he was piloting with his wife on board, crashed into the Atlantic Ocean near the Dania Beach pier.

The paraglide pilot, 52, died on Christmas when he was unable to to get out from his safety harness after the paraglider hit the water. His wife, who also strapped in, was able to get out safely.

Lifeguards were able to pull the pilot and his wife from the ocean, but paramedics were unable to revive him. He was pronounced dead at Memorial Regional Hospital in Hollywood, Florida.

Powered paraglides do not require a pilot's license, but are regulated by the Federal Aviation Administration under the "ultra-light aircraft category," but these aircraft need permission from the nearest airport to take off.

According to Wikipedia, research done by the United States Powered Paragliding Association "USPPA" estimates that the activity is statistically safer than riding motorcycles and more dangerous than riding in cars. The greatest cause of serious injury is body contact with a spinning propeller. The next most likely cause is pilot error result from flying a working paraglide into something other than the landing zone. Pilots sometimes pack a reserve parachute designed to open in as little as 50 ft (15 m) of altitude.

Continue reading "Dania, Florida man killed in powered paraglide crash" »

You may recall the horrific car accident on I-95 in Hollywood, Florida, during November of last year. The accident which shut down I-95 involved a rear-end collision between two SUVs, both of which caught fire. One of the vehicle's occupants was trapped inside and burned to death.

Jacob P. Payne, the driver of the 2000 Cadillac Escalade, which appears to be at least partially responsible, had a long history of traffic infractions. From 2006 to the present, Payne of Hallandale Beach, Florida, was convicted of careless driving, reckless driving and even had his license suspended several times, according to the Florida Department of Motor Vehicles. That accident on Interstate 95 near the Hollywood-Hallandale city line resulted in a death, multiple injuries, and closed down I-95.

Payne, according to FHP investigators, was the driver of the 2000 Cadillac Escalade that appears to have started the crash. The Escalade initially struck the back of a 2005 Ford Taurus which was stopped in traffic. The Escalade then kept going and turned into the emergency lane where it slammed into the rear of the 1998 Ford Expedition which was stopped.

Within minutes, both SUVs were engulfed in flames.The Expedition's driver was trapped inside and died at the scene. Her remains were so severely burned, FHP investigators required her dental records to confirm her identity.

Previously, according to prior Hollywood accident reports, Payne drove a black Dodge truck that struck two cars, then fled. He was charged with fleeing the scene of an accident, careless driving and driving on a suspended license. Somehow his license was reinstated by the end of June.

This tragic case calls into question how easy it is for dangerous drivers to keep their license despite a history of reckless driving. As most of you know, when you receive a ticket, if you are not offered traffic school or elect not to go, you are required to appear in traffic court before a magistrate or a judge. The court file for the hearing contains the individual's driving record. One cannot help but wonder whether the magistrate or judge who adjudicated this driver's prior tickets actually paid attention to his record and the nature of the violations for which he was cited. That Payne was able to keep his license, despite his history, reveals a problem with our traffic court system which allows dangerous drivers to continue to slip through the cracks and keep on driving.

Continue reading "Hallandale man in firery car accident had history of bad driving" »

Sometimes it takes a tragedy such as a bicycle death before recognized safety concerns are acted upon. This was the case with the recent bicycle death of a Boca Raton man who died when an SUV collided with his bicycle. At the time of his fatal accident he was riding his bicycle to his home from a friend's nearby house. The collision occured near the intersection of Camino Del Mar and Camino Real in West Boca Raton, Florida. The intersection was very busy and did not have a traffic light to control cars and pedestrians crossing the roadway.

A traffic light is now being installed at the intersection of Camino Real and Camino Del Mar. In addition, the wheelchair ramps and tie-ins to cross the street, and stripping on the crosswalks are also being installed according to the Palm Beach County Traffic Division.

Several people who were upset about the fatal accident contacted the County to request that a new traffic study be performed at the dangerous intersection. A friend of the cyclist who was with him just before his fatal ride drove out and looked at the site. "You have to dash for your life if you're walking or on a bike." He checked out a website detailing the traffic flow there. The friend was shocked to discover that a traffic study hadn't been done for five years.

The County was able to justify the installation of the light because of the traffic studies and also because of new laws concerning the limitations of seniors as they make right-hand turns in their cars.

Under Florida law it is difficult, but not impossible, to sue a municipality, a county, or a governmental agency, for not installing a traffic light at a particular location. While issues of this type have been extensively litigated in the courts, the general rule is that the initial decision by the government of whether to install a light or other traffic control device such as a sign is discretionary and hence there is no liability for an accident even if the intersection is known to have an unusual amount of accidents. There have exceptions carved out to this rule, but these are beyond the scope of this entry.

Continue reading "Bike death results in new traffic light in Boca Raton, Florida" »

The Fort Lauderdale Sun Sentinel reports that a landlord arguing with the father of one his tenants was chased down by the irate father in his car and run over. The incident was captured on an outdoor surveillance camera.

Police said the driver threatened the victim and stated: "I am going to get you, mother f-----!" The victim can be seen on the videotape running for his life, falling near the sidewalk before being run over by the Ford Taurus, which stopped on top of him.

The man remained trapped under the car until officers arrived to rescue him. Police had to ask bystanders to help lift up the 1992 Ford Tauras to free the man. Fortunately, in addition to the police, a weightlifter was available to help pull the man out from under the car. The man survived the impact and paramedics took him to the emergency room at Broward General Hospital.

The driver was criminally charged with aggravated assault with a deadly weapon and two counts of assault for getting into fights outside the car. The video shows the driver fleeing the scene and then fighting with one bystander, later entering the a grocery store where he punched a 24-year-old woman.

Because of the obvious intentional nature of this incident, even if the driver here had purchased liability insurance on his car, any claim would probably be denied by his insurance company. Most liability policies have an "intentional acts" exclusion which states the policy will not pay for damages caused by a driver who deliberately tries to injure someone while operating his car. The driver can still be sued for battery (an unlawful touching) and even for negligence under the theory that somehow the impact wsa just an "accident," but it will be very difficult to get paid under the driver's policy. If the landlord owned his own car and had purchased uninsured motorist coverage, he might be able to recover for his damages under that policy. Although these types of cases are very unusual, this illustrates the importance of purchasing uninusured motorist coverage for you and your family.

Continue reading "Fort Lauderdale man chased by irate driver in car" »

A man was killed on his motorcyle Sunday in Pasco County when he took evasive action to avoid hitting three motorcycles he was riding with in a group, the Florida Highway Patrol reported. Stephen Kopilchak from Forstproof, Florida was declared dead at the scene when his 2006 Harley Davidson went down.

Kopilchak had been riding his motorcycle together with three other motorcycles when a car in front of the group slowed to enter a private driveway. The three other motorcycles in front of Kopilchak took "evasive action" to avoid the car, but Kopilchak, who was wearing a helmet, was unable to avoid the three other motorcycles and lost control.

Although the rider had been wearing a helmet, this failed to protect him. This tragic case raises the issue of how to safely maneuver a motorcyle when riding in a group. Frequently, bikers are forced to take quick action to avoid making contact with other vehicles on the road who don't see them. Not surprisingly, the most important safety maneuver a biker can make while riding in a group occurs long before the sudden emergency. When riding in a group of motorcycles, adequate spacing between you and your fellow riders is critical from the get go.

Sudden emergencies are just as the term implies -- situations which occur without warning requiring an immediate response. If you are too close to other motorcyles, your options are limited. The end result may be that your bike may goes down. All sorts of scenerios can rapidly present themselves on group rides, ranging from debris on the roadway to a flat tire on one of the other motorcycles. Bikers need to be aware of this and to space themselves accordingly.

Continue reading "Florida man killed in motorcycle wreck" »

In the early morning of October 30, 2009, a high-school student and his two friends rode their bicycles from one boy's Miami Shores house to another's home in North Miami. The cyclists believed they were safe at night because their bikes had front and rear lights.

Their safety lights did not help them. As the student rode his bike along Biscayne Boulevard he was struck and killed by a car his friends say was speeding. ``The bicycle was pinned down under the front tire of the car,'' according to a witness who arrived at the scene shortly after the accident.

On November 27, 2009, the monthly Critical Mass ride -- organized by cyclists demonstrating for their safety -- was dedicated to this boy. From the usual starting location at Miami-Dade County Hall in downtown Miami, the ride proceeded north on Biscayne Boulevard to 113th Street, where the student was killed. There his friends and family gathered to place a memorial in his memory.

This case represents another cycling fatality in the state of Florida which has the most in the country. Florida law classifies bicycles as vehicles, giving cyclists the right to use the roadway. After dark, cyclists are required to have bike lights front and rear.

Like other cities, Miami has seen an increase in the popularity of cycling despite streets widely regarded as dangerous to bicyclists, in part because many roads are designed for fast motorized traffic and lack marked bike lanes.

Cycling activists have, without success, requested the Florida Department of Transportation, which manages Biscayne Boulevard, to add bike lanes on that road which is a major north-south cycling route in eastern Miami-Dade County.

This tragic case reminds us that cyclists should always wear helmets, although I am not sure that it would have made a difference here. Even with flashing lights and reflectors on bicycles, a lot of motorists still do not see cyclists on the road. Unfortunately, when a collision occurs between a car and a bicycle, the end result is usually very serious to the cyclist. One of the ways that a cyclist can financially protect himself from the adverse consequences of a collision with a car is to make sure that if he owns an automobile, that he has purchased uninsured motorist coverage. This coverage may extend from the automobile to your bicycle in the event that the at-fault motorist does not have any, or does not have enough, liability coverage for the damages incurred.

Continue reading "Student killed in bicycle accident in Miami, Florida" »

The State of Florida has the highest drowning death rate in the US for children ages 1-4 years (8.9/100,000) and during 1999-2003 recorded 356 unintentional drowning deaths among children in this age group according to the Florida Department of Health.

According to the Consumer Product Safety Commission, pool drownings for young children have increased dramatically. Nationwide, an average of about 300 children under 5 years old drowned in pools nationwide annually. Most of these deaths occurred in the summer months. Drowning is the second leading cause of death to young children after motor vehicle incidents. Another 2,700 children are treated in hospital emergency rooms each year for near-drowning incidents. Most of these cases involve residential pools.

Unfortunately, these tragedies can, and do occur all too quickly -- many times before parents and caretakers are even aware that their toddlers are no longer in the house. Whenever a pool is nearby, constant adult supervision is vital. Even if a young child has been taught to swim, it is still necessary for an adult to be watching.

The key to preventing these tragedies is to have multiple levels of protection. This includes placing barriers around your pool to prevent access, using alarms on doors that access the pool, installing child proof locks on all doors leading to the pool and being prepared in case of an emergency. The Consumer Product Safety Commission has specific recommendations to reduce the incidence of childhood drownings.

Pool drowning cases present unique issues for attorneys representing parents. Frequently, they involve death or brain damage to the child. Although others may be responsible for their child's drowning, most parents tend to experience feelings of guilt. Accordingly, these cases need to be handled in a manner designed to minimize the trauma to the family and to provide closure.

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