Wrongful Death suit filed in Collapse of Tent

A wrongful death law suit has been filed when a tent collapsed on a man at an event in Chicago, Illinois, after inclement weather moved in.

The storm approached the event with high winds and the organizers of the Wood Dale Priar Festival directed the attendees to take shelter under a tent which was improperly secured. The victim was 35 years old and was killed when the main pole of the tent fell on him. In addition, 22 others were hurt.

In addition to the company organizing the event, the companies that managed the vent and rented the tent to the festival have also been sued.

In Fort Lauderdale, young party goers were injured when a bounce house on the beach lost its moorings and blew away in gale force winds.

Tents and other temporary structures used for events such as birthday parties have the potential to become unsafe in the event that a storm with high winds and rain moves in. This type of weather change is not uncommon in South Florida. A lot of times, bounce houses and tents are assembled by companies who lease out this equipment and these temporary structures are not properly secured to withstand this. Should this occur, the consequences can be devastating.

With over 50 years of collective service to the South Florida community, the Fort Lauderdale injury lawyers at The Law Firm have helped thousands of clients to obtain money compensation for their personal injury and wrongful death claims.

All of the firm’s partners have received the prestigious “AV” rating from Martindale-Hubbell Law Directory, which is a recognition by their peers in the legal community that their practice meets the highest professional and ethical standards.

Uninsured Motorist Coverage — Supreme Court requires signed rejection from all named insureds

Uninsured/Undersinsured Motorist Coverage, frequently referred to as UM/UIM coverage applies in the event an insured is injured by a motorist who does not have liability coverage, or who who does not have a sufficient amount of liability coverage, to compensate the named insured for the damages sustained. UM/UIM coverage is particularly important in South Florida where a significant portion of the drivers on the road fail to purchase any liability coverage and therefore makes it difficult, if not impossible, to recover from them in the event they are responsible for an accident involving injuries.

Because UM/UIM is considered to be important coverage for Florida drivers, our legislature has mandated that when an insurance carrier initially sells a policy of automobile insurance coverage, it must notify the insured that he has the right to purchase, as an additional option, UM/UIM coverage from the carrier. If the insured elects not to purchase this coverage, a written rejection must be signed. In the event that the carrier fails to obtain this signed rejection, then the carrier will be responsible for UM/UIM coverage even if the insured fails to purchase this coverage.

In this case the insured was not originally named on the policy. Later, the policy was reissued with her as named insured, but a signed rejection was never signed from this person. Following a horrible accident, the insurance company, Horace Mann Ins. Co., denied UM/UIM coverage and a lawsuit ensured. The case was appealed up to the Florida Supreme Court which ruled that because the policy was reissued with an additional named insured, a signed rejection had to be obtained from that person. Since none was obtained, the court found that there was UM/UIM coverage for that person.

One of the lessons to be learned from this case for persons purchasing automobile insurance is that they need to understand what types of insurance coverage they are purchasing from their agent and what they are signing. Florida law only requires that the owner of a car purchase only PIP coverage and property damage. This bare minimum is frequently referred by agents as “full coverage.” In reality this anything but.

Every purchaser of automobile insurance needs to carefully consider purchasing UM/UIM coverage because this may be their only insurance coverage for their injuries in the event that they are involved in an accident. They also should make sure they understand what forms they are signing when an insurance agent hands a paper to them and tells them to sign it — particularly when it is a UM rejection form.

With over 50 years of collective service to the South Florida community, the Fort Lauderdale, Florida, personal injury lawyers at The Law Firm have helped thousands of clients to obtain money compensation for their personal injury and wrongful death claims.

All of the firm’s partners have received the prestigious “AV” rating from Martindale-Hubbell Law Directory, which is a recognition by their peers in the legal community that their practice meets the highest professional and ethical standards.

Motorcyclist killed in Pompano Beach accident

A motorcylist on a Suzuki was killed after his motorcycle collided with a van in Pompano Beach. According to BSO the motorcyclist was driving west on Sample Road when he collided with a van heading the opposite way which turned left into a parking lot. Deputies said the motorcyclist was thrown at least 100 feet.

Witnesses who saw the accident believed the motorcycle was travelling faster than the 45 mph speed limit. .

A nearby store’s security cameras captured the accident, and show the motorcycle going at high speed, then slamming into the van. The impact was so great that the van was lifted on one side and the motorcyclist flew into the air and the bike was destroyed. So far, no charges have been filed against the driver of the van.

Deadly motorcycle accidents frequently occur when traffic headed in the opposite direction of the motorcycle makes a left turn into the motorcycle’s lane of travel. Of course, factors like the speed of the motorcycle are an issue in determining the driver’s negligence. Nonetheless, if you are riding a motorcycle, it is a good idea to pay extra attention to oncoming traffic and to try to anticipate whether someone will be attempting to make a left turn.

With over 50 years of collective service to the South Florida community, the Fort Lauderdale, Florida, personal injury lawyers at The Law Firm have helped thousands of clients to obtain money compensation for their personal injury and wrongful death claims.

All of the firm’s partners have received the prestigious “AV” rating from Martindale-Hubbell Law Directory, which is a recognition by their peers in the legal community that their practice meets the highest professional and ethical standards.

Seniors are Better Drivers

Safety researchers expressed concern a decade ago that traffic accidents would increase as the nation’s aging population swelled the number of older drivers on the road. Now, they say they’ve been proved wrong.

Today’s drivers aged 70 and older are less likely to be involved in crashes than previous generations and are less likely to be killed or seriously injured if they do crash, according to a study released last week by the Insurance Institute for Highway Safety.

That’s because vehicles are getting safer and seniors are generally getting healthier, the institute said.

The marked shift began taking hold in the mid-1990s and indicates that growing ranks of aging drivers as baby boomers head into their retirement years aren’t making U.S. roads deadlier.

Traffic fatalities overall in the U.S. have declined to levels not seen since the late 1940s, and accident rates have come down for other drivers as well. But since 1997, older drivers have enjoyed bigger declines as measured by both fatal crash rates per driver and per vehicle miles driven than middle-age drivers, defined in the study as ages 35 to 54.

From 1997 to 2012, fatal crash rates per licensed driver fell 42 percent for older drivers and 30 percent for middle-age ones, the study found. Looking at vehicle miles traveled, fatal crash rates fell 39 percent for older drivers and 26 percent for middle-age ones from 1995 to 2008.

The greatest rate of decline was among drivers age 80 and over, nearly twice that of middle-age drivers and drivers ages 70 to 74.

“This should help ease fears that aging baby boomers are a safety threat,” said Anne McCartt, the institute’s senior vice president for research and co-author of the study.

“No matter how we looked at the fatal crash data for this age group – by licensed drivers or miles driven – the fatal crash involvement rates for drivers 70 and older declined, and did so at a faster pace than the rates for drivers ages 35 to 54,” she said in a report on the study’s results.

At the same time, older drivers are putting more miles on the odometer than they used to, although they’re still driving fewer miles a year than middle-aged drivers. This is especially true for drivers 75 and older, who lifted their average annual mileage by more than 50 percent from 1995 to 2008.

“The fact that older drivers increased their average mileage … may indicate that they are remaining physically and mentally comfortable with driving tasks,” the institute said. When older drivers reduce the number of trips they take, it’s often because they sense their driving skills are eroding. They compensate by driving less at night, during rush hour, in bad weather or over long distances.

By 2050, the number of people in the U.S. age 70 and older is expected to reach 64 million, or about 16 percent of the population. In 2012, there were 29 million people in the U.S. age 70 and over, or 9 percent of the population.

“The main point is that these 70-80 year olds are really different than their predecessors,” said Alan Pisarski, author of the authoritative “Commuting in America” series of reports on driving trends. “They learned to drive in a very different era. They are far more comfortable driving in freeway situations. This matters immensely for the future because we are seeing dramatic increases in older workers staying in the labor force and continuing to work and commute well past 65.”

AARP, the association that represents older Americans, said the report “dispels common misconceptions and reveals positive trends related to older drivers.”

With over 50 years of collective service to the South Florida community, the Hollywood, Florida, personal injury lawyers at The Law Firm have helped thousands of clients to obtain money compensation for their personal injury and wrongful death claims

All of the firm’s partners have received the prestigious “AV” rating from Martindale-Hubbell Law Directory, which is a recognition by their peers in the legal community that their practice meets the highest professional and ethical standards.

Wrongful Death Trucking Accident Case

A California jury awarded over $150 million in damages to a 13-year-old girl who watched as her family burned to death in a fiery crash on a highway in Southern California. This tragic accident occured when the family’s SUV got caught under a tractor trailer which was negligently parked on the shoulder of the highway.The jury found a California trucking company and one of its drivers liable for parking the company truck on the side of the freeway in the early morning darkness without leaving on any light or emergency reflector.

The award to the young girl included damages her brother suffered as a result of his parents death and who later committed suicide on his mother’s birthday, before the trial began. The proceeds will be placed in a trust until she is 18.

The wrongful death lawsuit alleged that the truck driver pulled over to sleep, ignoring written warnings that stopping in the “emergency lane” was only for “emergencies.” The family SUV had to pull into the emergency lane after striking debris in the roadway.

During the trial, defense attorneys countered that driver merely stopped to take medication for a headache, which constituted an “emergency.”

This lawsuit illustrates several types road hazzards which can cause catastrophic events. These include vehicles stopped on the side of the road and debris from other vehicles on the roadway. On high speed freeways, vehicles stop for all sorts of reasons, which create the strong probability for rear-end accidents, even if the disabled vehicle can make it to the side of the road. Virtually everyone who drives has had to dodge the remnants of re-tread tires and other materials lying in the lanes of travel.

Obviously, the jury experienced tremendous sympathy towards this young girl who to endure this horredous experience.

With over 50 years of collective service to the South Florida community, the Fort Lauderdale, Florida, personal injury lawyers at The Law Firm have helped thousands of clients to obtain money compensation for their personal injury and wrongful death claims

All of the firm’s partners have received the prestigious “AV” rating from Martindale-Hubbell Law Directory, which is a recognition by their peers in the legal community that their practice meets the highest professional and ethical standards.

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