Fort Lauderdale Injury Lawyer Blog

Even the best "driver" in the world can land in the rough.

Tiger Woods, considered to be the top professional golfer in the world today, was treated and released from a hospital in Orlando after suffering minor injuries in a single car accident early Friday, November 27, near his expensive home in Windermere, Florida.

Woods pulled out of his driveway in a 2009 Cadillac SUV and struck a fire hydrant, then a tree, according to a report from the Florida highway patrol in the Orlando area.

Florida highway patrol troopers plan to talk to pro golfer Tiger Woods on Saturday, November 28, to get more information about his car crash near his home. The troopers tried to speak to Woods on Friday as part of their routine car accident investigation, but his wife said he was sleeping, a spokeswoman for the Florida highway patrol said.

The accident occurred about 2:25 a.m. in Windermere, a suburb of Orlando. Two Windermere police officers, who were the first to arrive stated:

"There was Tiger Woods laying on the ground in front of the vehicle with his wife over him rendering first aid," he told reporters.

"He was in and out of consciousness with lacerations to his upper and lower lip," Saylor said. "He was mumbling but didn't say anything coherent."

Woods' wife, Elin Nordegren, told the police she was inside the house when she heard the accident. She said she went outside and used a golf club (presumably a Nike) to break out the rear window of the vehicle, then pulled him from the Cadillac.

"According to the officers, yes, she was very upset," he said in response to a question.

Despite damage to the front end of the SUV, it was drivable, but was towed. Troopers didn't take pictures of the scene.

Woods was set to host and play the Chevron World Challenge on Monday at Sherwood Country Club in Thousand Oaks, California. Woods has won the tournament -- which helps raise money for Tiger Woods Foundation programs -- four times.

No matter how good of a driver you think you are, stuff like this happens. That is why it is important to always wear your seatbelt. Even in single car accidents, Florida insurance allows you to recover a portion of your medical bills and lost wages if you have PIP insurance. Also, under certain circumstances, where another unidentified car is involved which left the scene, you also may be able to recover for your injuries if you have elected to purchase uninsured motorist coverage.

Continue reading "Tiger Woods injured in Florida car accident" »

The question of brain injury resulting from concussions, which has for years been seen in victims of car accidents, has now become an issue for the National Football League. Even professional athletes wearing helmets are capable of sustaining a concussion resulting in brain damage.

Two members of National Football League's medical committee studying the effects of concussions recently quit after the players' union complained about their bias toward minimizing the impact of these types of injuries to the brain.

The NFL, according to a recent memo, is looking into modifications to rules and equipment to reduce head injuries. Teams are now required to hire independent neurologists who must concur with a team physician's decision to allow a player to return to the field after a concussion.

Last month the U.S. House Judiciary Committee held a hearing on head injuries in football, with Goodell and players' union Executive Director DeMaurice Smith among those testifying. Smith told Congress that the NFL ignored a decade of research showing a connection between on-field injury and post-career mental illness.

Pittsburgh Steelers all-pro quarterback Ben Roethlisberger is a recent example of the increasing attention paid to concussions. Roethlisberger is now feeling better and without symptoms after sustaining a mild concussion in the November 22 loss to the Kansas City Chiefs. He is expected to play November 29 against the Baltimore Ravens according to coach Mike Tomlin. Since 2006, Roethlisberger had three other concussions. "The battery of tests that he took showed that he showed no symptoms," Tomlin stated. "We'll continue to monitor his condition and where he is on a day-to-day basis and let that guide our decision-making."

With professional players becoming bigger, stronger and faster, violent collisions in football are occurring with ever more frequency. In the past, the NFL has tried to downplay the brain damage that can result to players from concussions. However, there have been a number of documented instances of former NFL players who developed symptoms of brain damage after sustaining concussions during their playing days. The NFL Players Association has taken up this cause of brain injury resulting from concussions, forcing the league to respond. The resignation of the two members on the committe is the just initial response by the league. Expect to see rule changes increasing the penalties to players who deliver blows to the head.

This issue of brain injuries resulting from concussions to professional football players, brings us back to the damage that can result to people in car accidents who suffer concussions. In the right type of impact, the trauma to an accident's victim head can be similar to that sustained in football and this person is not even wearing a helment. It is important following any accident where there is a trauma to the head, automobile or otherwise, that the injured person follow up with the appropriate medical treatment which may include CAT scans of the head.

Continue reading "Brain Injury from Concussions now a Priority with NFL" »

Toyota has announced the recall of 110,000 of its pick up trucks in the United States, amid concern over corrosion to the vehicle's frame.

Toyota, in a statement, warned owners in cold areas that road salt could corrode parts of the frame, causing the spare wheel to come loose and damage to brake lines.

The defect was discovered in Toyota's 2000 to 2003 Tundra models.

"The spare tire stowed under the truck bed may become separated from the rear cross-member," the company said. "Spare tire separation will create a road hazard for following vehicles and increase the likelihood of a crash."

In addition, Toyota advised that corrosion may affect a valve on the rear brake line.

"If this occurs, it can lead to the loss of the rear brake circuits which will increase vehicle stopping distances and the risk of a crash."

Toyota is offering to fix the defect with "a corrosion-resistant compound" or the replacement of affected parts.

It was the second major safety problem for Toyota in as many months. In October, the Japanese automaker issued a safety warning for 3.8 million Lexus and Toyota cars because of potentially deadly floor mats.

Continue reading "Toyota Recalls Trucks" »

The Florida Highway Patrol has issued a warning to motorists: The Florida Highway Patrol will remain on high alert during this holiday weekend. Even troopers ordinarily assigned to administrative duty will be on road patrol.

The Thanksgiving holiday period has been traditionally been one of the deadliest times of the year. Drivers and Dade and Broward Counties can expect to see their share of drunken motorists, speeders and aggressive drivers. As a result of economic recession that we have been experiencing, some travelers are opting to drove rather than fly. AAA predicts that, nationwide, the number of drivers going more than 50 miles from home by automobile will increase 2.1 percent to 33.2 million.

There were more fatalities -- 52 -- during the five-day Thanksgiving break than for any other holiday in 2008. New Year's Day was second with 42 deaths. About half of 2008's Thanksgiving-break deaths were alcohol-related.

Troopers also will be on the lookout for drivers who are not properly fastening their children in safety seats or seat belts.

Continue reading "Heavy car traffic during holidays increases accidents on Florida's roads." »

A massive recall of 2.1 million cribs in the United States and Canada has been announced by federal regulators and a Canadian company because of the risk of suffocation and fall.

The U.S. Consumer Product Safety Commission (CPSC), in conjuction with Stork Craft Manufacturing Inc. of British Columbia announced the recall of Stork Craft drop-side cribs made in Canada, China and Indonesia. Some of the Stork Craft drop-side cribs bare the Fisher-Price logo.

The CPSC has issued an advisory to parents and caregivers to immediately stop using the recalled cribs, wait for the free repair kit, and do not attempt to fix the cribs without the kit. In the meantime, parents should seek a new bed for their baby. Consumers are instructed to contact Stork Craft to receive a free repair kit that converts the drop-side on these cribs to a fixed side.

According to the CPSC, the drop-side plastic hardware is defective and can break. Also, the drop-side can accidentally be installed upside-down, which can result in broken or disengaged plastic parts. Government regulators said that these defects may result in the drop-side becoming detached. This can create a space between the drop-side of the crib and the mattress. Infants and toddlers can become trapped in that space, possibly leading to suffocation. If the drop sides complete detach, babies can fall out of the crib.

The recall affects Stork Craft drop-side cribs and Stork Craft drop-side cribs with the Fisher-Price logo and that have plastic trigger and one-hand-system drop-side hardware.

•Stork Craft drop-side cribs manufacturing and distribution dates: Between January 1993 and October 2009.
•Stork Craft cribs with the Fisher-Price logo manufacturing dates: Between October 1997 and December 2004.

The following stores sold the recalled cribs from January 1993 through October 2009 for between $100 and $400:

•BJ's Wholesale Club
•J.C. Penney
•Kmart
•Meijer
•Sears
•USA Baby
•Wal-Mart
•Amazon.com
•Babiesrus.com
•Costco.com
•Target.com
•Walmart.com

For more information on Crib Safety, visit CPSC's Crib Information Center.

In these difficult economic times, a number of parents have purchased used cribs. Often times, these purchasers do not know the store that it was purchased from or the manufacturer. If you have purchased a used crib (or even a new one) it is absolutely critical that you immediately examine the crib to determine if it is within the recall. When your child's safety is concerned, you cannot be too careful!

Continue reading "Massive Crib Recall Announced" »

Sometimes people on motorcycles are injured not as the result of the negligence of other cars, but rather as the result of negligence by landowners in maintaining their premises. A recent accident in the Florida Keys illustrates how this unfortunate series of events can unfold.

Recently, an off duty Palm Beach County Sheriff's Deputy was severly burned when he rode his motorcycle up to the pump at a Circle K in the Florida Keys which slipped in a puddle of fuel. The bike landed on top of him and was instantly ignited.

"In just those few seconds" the motorcylist sustained 2nd and 3rd degree burns over most of his body--all because of an accident that his sister stated the Circle K gas station could have prevented. According to the man's sister: "When he pulled into the gas station he already didn't stand a chance."

Attorneys for the man claim they have proof that this was avoidable, and that the gas station attendants knew the pump was leaking fuel onto the ground

"Consumers would go in and report that to the Circle K people who pretty much were nonchalant about the whole thing and would throw kitty litter on it and hope that the gas spill would just dry up."

Similar negligence is happening at other gas stations, according to the man's sister, but there's no oversight to stop it and no one to protect others from her brother's fate. "This isn't a matter of if, it's a matter of when it's gonna' happen to somebody else," she stated

The man sustained burns over more than 60 percent of his body, just had his 3rd skin graft. His family hopes to have him home from Jackson Memorial Hospital in Miami by Christmas.

Everyone who has ever filled up their tank at a gas station knows that it is not uncommon for there to be fuel or other material on the pavement surrounding the pumps. These substances are not only a slip and fall hazzard for customers walking in the area, but may also constitute a danger for motorcyclists pulling up, as this story tragically illustrates.

Continue reading "Man Burned in Florida Keys Motorcyle Accident" »

More and more, we hear about serious automobile accidents involving drivers who are texting with their cellphones.

One such accident involved Manny Mejia of Lakeland, Florida, who had dreams of becoming a professional boxer. Those dreams were crushed when he was hit by a car while dumping a can of trash into his garbage truck.

"My legs just got taken off right there and I remember rolling off the hood of the car into the driveway on the side of the road and I looked down and both of my legs were like crushed. They were already amputated right there," explained Mejia

The driver of the car, Stephen Horne was texting while driving. Horne faces up to five years in prison for reckless driving.

Polls show that the overwhelming percentage or drivers realize that it is dangerous and want the government to do something about it. Nevertheless, people still continue to text while they drive. A number of states have banned texting while driving, but Florida is not one of them.

Recognizing the issue, Governor Charlie Crist has requested the state legislature to take up the issue of texting while driving in the 2010 legislative session. A number of bills have been filed this year in Florida that would govern texting while driving. One such bill previously died in legislative committee last year.

"It's important that we do everything we can to make sure our fellow Floridians are safe and you know we've seen over and over again these videos of people whether they're on a train or somewhere else, that have been texting while driving and the obvious danger of it is absurd," according to Governor Crist.

Heather's Law is currently pending in Tallahassee. Heather Hurd, after whom the bill was named, was killed on her way to meet her parents at her wedding planner's office in Eastern Polk County. Before Heather could arrive, a semi truck slammed into the back of her car. Police say the driver had been texting. Heather's Law would ban the use of cellular phones while driving without a headset or hands free.

Driving while using a cellular phone is something most of us have done at one time or another. We need to be cognizant that simply using the phone has the potential to distract our driving and could result in serious consequences. Texting while driving, although some studies may indicate otherwise, seems to be present much more of a hazzard and should be outlawed. It is about time that our legislators in Tallahassee put our driving safety ahead of the interests of the telecommunications industry. They need to pass legislation which bans texting while driving during the next session. If not, we will continue to hear more and more about the tragedies which this will cause.

Continue reading "Texting while Driving should be Banned in Florida " »

On Thursday morning, November 19, 2009, a Toyota Camry drove onto the railroad track crossing at Commercial Boulevard in Fort Lauderdale, just west of Interstate 95 and was struck by a commuter train travelling at 60 mph.

The northbound Tri-Rail train with 250 passengers aboard barrelled into the Toyota on Commercial Boulevard, just west of Interstate 95. The car was propelled about 60 feet. The driver and passenger were both ejected from the sedan and pronounced dead at the scene. One of the passengers was taken to North Broward Medical Center, where he was listed in critical but stable condition.

A witness who was a few cars behind the Camry when the crash occurred said that the Toyota stopped on the tracks as the crossing arms lowered and lights flashed. The driver of the Toyota backed up and hit the crossing arm behind her, the witness said. The Toyota then attempted to move forward just before the northbound train struck the car.

Interestingly, this same railroad crossing was involved in a prior train/car wreck in 1993 in which six people died. In the state of Florida alone, there were over 1,000 highway-rail incidents for the past 10 years.

When trains collide with cars the end results are often tragic. You can bet your rent money that the safety warnings and devices at this intersection will be examined from every angle to determine if there is any fault on the part of the Tri-Rail or its driver. All the victims in this accident appear to be from the same family and it is doubtful that the driver or owner of the Toyota will have sufficient liability coverage to cover the damages, assuming they or their estate, can even make a claim against the driver.

Continue reading "Train in Fort Lauderdale plows into Car Killing Two" »

Uninsured motorist coverage is the most important automobile insurance you can purchase for you and your family. Uninsured motorist coverage is not required by Florida law, but rather is an option which you must request at the time that you purchase the insurance for your car. This coverage is typically not included when the insurance agent tells you that you are purchasing "full coverage," which usually is just the required minimum insurance of PIP and property damage for the other car involved in the accident.

Uninsured motorist coverage protects you, members of your family who reside in your home, and passengers in your car in the event that you are injured through the negligence of another driver who does not have insurance or enough insurance to compensate you for your injuries.

The following article from the Gainesville Times on October 24, 2009, demonstrates the importance of purchasing uninsured motorist coverage for your car.

A Hall County jury awarded $166,000 this week to a Winder woman who was injured in a car crash caused by a drunk driver.

The award included $125,000 for the pain and suffering of Debra Thornton, 57, who continues to suffer pain and loss of motion in an ankle that was broken in an open compound fracture.

The wreck occurred on the afternoon of Jan. 31, 2007, on Candler Road. Jesus Herrera was driving a Chevrolet Tahoe north when he struck a Honda Civic that was stopped to make a left-hand turn, said Thornton's lawyer.

The force of the impact knocked the Honda into the oncoming lane, where it struck Thornton's PT Cruiser. Three passengers in the Honda also were injured, and one had to be airlifted to a hospital.

Herrera, 50, fled the scene of the accident but was caught. He had a blood-alcohol content of .231 grams, nearly three times the legal threshold of DUI, at the time of the 5:30 p.m. crash.

In November 2008, Herrera pleaded guilty to DUI, serious injury by vehicle and other offenses and was sentenced to five years in prison followed by five years of probation.

Herrera was insured, but only carried minimum liability coverage of $25,000, which went to the family injured in the Honda, McKay said.

Thornton has underinsured motorist coverage through her carrier but took the case to court for a jury to decide the amount she should receive.

Herrera, who is serving his prison sentence, was brought to the three-day civil trial each day from the Hall County jail.

"On behalf of the plaintiff, we are pleased with the jury's verdict," McKay said. "The jurors recognized the genuineness of Debra's pain and suffering in their general damages portion of the verdict."

McKay said the case stressed the need for drivers to have adequate underinsured motorist coverage.

"It's not required by law, but it is an awfully good idea to have it in order to protect yourself," McKay said.

This case is typical of many automobile accidents in Dade and Broward counties where too few drivers purchase liability coverage with enough in policy limits to cover the injuries they cause.

It is important to remember that the worse the driver, the higher this person's insurance premiums will be, and the less likely they will be to purchase enough in liability insurance. Without this liability coverage, there will probably be no way to collect against a negligent driver unless you have purchased uninsured motorist coverage from your insurance carrier.

Continue reading "Uninsured Motorist Coverage -- the most important automobile insurance you can buy." »

Robert Bork, a former Republican nominee to the United States Supreme Court filed a slip and fall lawsuit against the Yale Club for negligence. He sought $1 million in damages for injuries he sustained from a fall at the club in 2006. In May, 2008, Bork, through his attorneys, achieved a confidential settlement.

Bork, in his lawsuit, alleged that he was at the Yale Club in Manhattan to speak at an event and that the club failed to provide steps and a handrail for safe access onto the dais. As a result, Bork fell and claimed he injured his leg and head while attemping to get onto the dais.

Bork claimed he sustained a large hematoma, which is a swelling of blood, in his lower left leg . The injury eventually required surgery and physical therapy. He claimed to have suffered "excruciating pain" as a result of the injury and walks with a limp according to the complaint, which is the initial pleading filed by a plaintiff with the court.

Robert Bork is a conservative Republican who taught at Yale's Law School in the 1960s and 70s. Later, in the 1980s he was nominated to the United States Supreme Court by President Ronald Reagan, but withdrew his nomination during a controversial Senate confirmation hearing.

Pro-business lobbyists, as well as the Republican party, frequently complain about "slip and fall" lawsuits, often reciting the moniker that they are "frivilous." The irony of this case is that Bork is one of the leading legal minds in the conservative movement which has advocated tort reform.

This case illustrates that when you or a loved one has been seriously injured, that compensation for medical bills, lost wages and pain and suffering suddenly becomes vitally important. The unfortunate reality for proponents of tort reform, as Robert Bork apparently discovered after his fall, is that frequently these lawsuits have merit. A lot of these types of falls can be prevented if people and businesses just pay attention and use reasonable care. When the legal duty to use to use reasonable care is violated and results in a fall that could have easily been prevented, it is fair to be compensated for your damages.

Continue reading "Slip and Fall Lawsuit filed by Robert Bork" »

A photographer reportedly cut off actor, Brad Pitt, on his motorcyle in Los Angeles on Saturday, October 24, 2009, which apparently led the actor to lose control on his bike and crash into the car in front of him. Pitt then fell off his bike.

Fortunately, Pitt, who was riding a brand new motorcycle, was unharmed. Not surprisingly, he had a few choice words for the at-fault driver.

In Florida, particularly in Dade and Broward Counties, motorcycle accidents are an all too common occurence. South Forida motorists aren't paying enough attention to their driving and simply fail to see motorcycles. Some drivers (a very small minority) harbor some bias against motorcycle riders because of a prior experience they may have had in the past with a motorcylist speeding or they don't like the noise from their mufflers. In any event, given today's climate, if you ride a motorcycle, you need to be extremely attentive to the vehicles surrounding you on the road.

As most people who ride motorcycles know, there is no such thing as a minor accident. If your bike hits the pavement, you are lucky to walk away. Most riders however, sustain broken bones along with a bad case of "road rash," if not worse. A lot of times the motorists fail to have automobile insurance which would cover the riders injured by their negligence. It is for this reason, that each motorcylist should speak to their insurance agent about buying uninsured motorist coverage to insure their motorcyle. Uninsured motorist coverage will provide insurance in the event that the at-fault motorist has no insurance coverage or not enough to cover your damages.

We realize that purchasing uninsured motorist coverage for your motorcycle is an additional expense that may be tough to pay, particularly in this economy. Nevertheless, all too many times, it is necessary for motorcyle riders to protect themselves from the consequences of an uninsured driver of a car or truck. If you do not have uninsured motorist coverage on your motorcycle, you need to very seriously consider laying out the extra bucks and purchasing this.

Continue reading "Motorcycle Accident involving actor, Brad Pitt" »

The Coral Springs Police Department announced that their investigation into the reason why three teens died in a car crash will takes months.

The three teens drowned early Sunday morning when they were trapped in a car that plunged into a canal. A fourth person in the car survived.

Initial police reports indiciated that the car's driver may have been trying to flee from a minor fender, but police cautioned that they still are are not certain of this. At the time of the accident, the teens were at their high school, Marjory Stoneman Douglas High's, homecoming.

Students at Marjory Stoneman Douglas High, where the teens were students, held several events in honor of their fellow students who died.

Over the coming months, the Coral Springs Police Department will examine the available evidence to try to determine what caused the car to plunge in the canal. They will also examine what the teens were doing earlier that evening, including looking into any parties that they may have attended.

This very unfortunate accident highlights the importance of accident reconstruction experts in determining the cause of automobile accidents, particularly when the circumstances surrounding the accident are in dispute or may not be clear. In many personal injury cases involving car accidents, and particularly wrongful death cases, it is necessary to hire these experts to establish who was at fault. It can take months, even years, to determine this.

Continue reading "Reasons for Coral Springs, Florida, Teenagers' Car Drowning still a Mystery " »

The Florida Highway Patrol is attempting to identify the remains of an SUV driver killed yesterday in a fiery three-vehicle crash on Interstate 95.

Six other people were also involved in the crash, which occurred on I-95 southbound near the Pembroke Road exit in Hollywood, Florida.

Troopers says a 2000 Cadillac Escalade sideswiped two vehicles, sped off and hit a Ford Taurus moments later. The Escalade then struck a 1998 Ford Expedition stopped in the emergency lanes, and both vehicles burst into flames.

The Expedition's driver died at the scene. The remains of the driver were so charred that dental records may be needed to identify the person.

The injured persons were taken to Memorial Regional Hospital in Hollywood in serious to critical condition Tuesday, officials said.

The Florida Highway Patrol is investigating whether alcohol or speeding played a part in the crash, which stopped traffic on the highway for five hours.

Under Florida law, a driver who causes an accident while operating his car under the influence of alcohol or a narcotic may be exposed to punitive damages. Punitive damages are additional damages imposed on a defendant for conduct that is either willful or grossly negligent, such as DUI. They are intended to teach the defendant a lesson. Frequently punitive damages exceed the amount of actual damages sustained by the plaintiff.

Continue reading "Burning Death Car Accident in Hollywood, Florida, Investigated" »

Clients and investors with the Fort Lauderdale law firm of Rothstein Rosenfeldt and Adler are worried because of allegations that the firm's major law partner, Scott Rothstein, stole hundreds of millions of dollars from his firm, according to various news publications.

The Miami Herald reports that federal investigators are looking into allegations that Scott Rothstein scammed investors by selling them "fabricated" civil settlements and also that Rothstein stole from his law firm's financial operations and from their clients' trust accounts.

Typically, clients with significant personal injury cases will acquire substantial sums of money through either a settlement or trial and these funds are required to be deposited into a law firm's trust account before being disbursed to the client.

Because the alleged theft by Rothstein has virtually depleted the financial resources of his law firm, Stuart Rosenfeldt, a partner with the firm, has filed a lawsuit requesting a Broward County Circuit Court judge to dissolve the law firm. This legal request for dissolution of the firm should have have the ultimate impact of closing down Rothstein, Rosenfeldt and Adler.

A major concern for the Broward County judge deciding the firm's request to dissolve itself will be the continued representation of the firm's clients. In the event Rothstein, Rosenfeld and Adler, is dissolved, the firm's clients who have ongoing legal matters such as personal injury lawsuits as well as other cases will still require attorneys to represent their interests.

Continue reading "Dissolution pending on Fort Lauderdale Law Firm, Rothstein, Rosenfeldt, and Adler" »