January 5, 2015

Newer Cars Prevent Teenage Driver Wrongful Deaths

As a parent Miami Personal Injury Lawyer Joseph Lipsky knows that buying a child their first car, is not only an exciting, but also an expensive time. When parents consider how much money to spend on that first car, a recent study in the journal Injury Prevention revealed an eye opening statistic; more than 50% of the car accidents resulting in wrongful deaths involved cars that were more than ten years old and were also considered “small” vehicles.

With the rapid advances in vehicle technology, particularly when it comes to safety, the study noted that older small vehicles are not as safe as newer larger cars. Some of the safety advances which are prevalent in newer cars include side air-bags and stability control. Other safety advances include day-time running lights, lane departure warnings and blind spot detection systems. However, these advanced safety devices usually carry a large associated cost, which discourages parents from buying those cars.

Sadly, it will take well over a decade before those life-saving safety devices are available in the majority of used vehicles, thereby making it more affordable to buy for first time car owners. While it may hurt your wallet in the short term, Fort Lauderdale Car Accident Attorney Joseph Lipsky hopes parents think of the long term returns a little more money spent on a newer car, even a less appealing one, will have on their children’s safety.

January 1, 2015

Being a Drunk Pedestrian Results in Deadly Florida Accidents

While most people know that New Year's Eve is exceptionally dangerous for those on the road, Fort Lauderdale Car Accident Attorney Joseph Lipsky wants to make sure his fellow Floridians are aware that being a drunk pedestrian is actually 8xs more dangerous than being a drunk driver.

Sadly, a review of past years wrongful deaths demonstrates that a pedestrian is almost twice as likely to die while walking on New Year’s Day compared to an ordinary non-holiday day. Most of the drunk pedestrian accidents happen when someone attempts to cross an intersection against a stop light, or when they unknowingly jay-walk.

As South Floridians venture out on foot during this holiday season, thinking it is safer than driving, it is important to remember that while wearing basic black looks cool, brighter colored clothes may actually help prevent you from being the victim of a crash. Other common sense suggestions including, walking in a group rather than alone. Of course, taking a cab or using the services of a private riding sharing company can help keep you out of harm’s way.

Regardless of how you intend on celebrating the holiday season, Fort Lauderdale Personal Injury Lawyer Joseph Lipsky reminds you it’s okay to have fun, so long as you think about how you’re getting to and from your parties before you actually begin to party.

December 24, 2014

Distracted Driving Accidents Rise with Increase in Private Taxi Use

One of the most important messages Fort Lauderdale Car Accident Lawyer Joseph Lipsky tells all drivers to avoid distracted driving, particularly not texting or checking email while driving. Surprisingly the rapid growth of cell phones to text and email is causing an additional unexpected rise in distracted driving in a group of drivers, those who work for private taxi services, like Uber. Those drivers actually lose money if they don’t use their phones to text while driving.

Anyone who’s used one of the recently popular private taxi companies knows that their drivers must quickly agree to accept a prospective rider’s request. Within their brief response time, the driver must determine where the pick-up is, which may only be done by looking at their phone. Drivers are penalized if they don’t respond to possible fares promptly. But private drivers are not alone, as many typical taxi companies have started using computers that match taxis and fares in a similar manner.

This technology driven rise in distracted driving has drawn the attention of the National Safety Council, whose chief executive bluntly stated that there is no debate that this is distracted driving. Incredibly, one of the companies responsible for the taxi based technology agrees that the required driver response may be considered as distracted driving.

As we are in the midst of the holiday season, Miami personal injury attorney Joseph Lipsky certainly encourages everyone to use a designated driver, rather than drunk driving, and while these private taxi type services are certainly convenient, for everyone’s safety we encourage our fellow Floridians to be a little more patient and allow a driver that is called or summoned a little more time to respond to a call for a pick up.

December 2, 2014

Scooters Are A Leading Cause of Child Injuries

As the holidays are quickly approaching and many parents are looking for fun gifts for their children, Fort Lauderdale Personal Injury Attorney Joseph Lipsky reminds his fellow gift givers of the dangers associated with some of the most popular toys. According to the Journal of Clinical Pediatrics, one toy in particular, a kick scooter, is directly responsible for an astounding forty percent rise in child related personal injuries over the past ten years.

While injuries from other gifts, including pretend guns, are also on the rise, injuries caused by falls from these scooters are the most often cited cause of injury. In fact, the number of emergency room visits due to such child toy injuries is almost 200,000 annually. The Consumer Product Safety Commission’s annual report demonstrated that there were over fifty two thousand personal injuries, and sadly one wrongful death, due to scooter related accidents last year.

Due to the steady rise in toy related accidents, especially fractured wrists, there is a renewed push to remind parents and children that wearing a helmet and using wrist guards while riding on a scooter or skateboard should be a requirement. Considering there were more than a quarter million bicycle accident related injuries, helmet use while riding should also be mandatory for children. Also, parents should resist the urge to buy age inappropriate gifts for their children. While we want to see our kids have fun, it is important to make sure that they are both physically and mentally ready for the types of dangerous situations which may arise while using kick scooters.

Personal injury attorney Joseph Lipsky wishes his fellow Floridians and their children a safe holiday season and urges everyone to make sure helmet use is mandatory.

November 25, 2014

Thanksgiving Holiday is a Dangerous Time on Florida's Roads

Fort Lauderdale personal injury Joseph Lipsky wants to remind his fellow Floridians that while the upcoming Thanksgiving Holiday is a time to remember and give thanks, it is also one of the most dangerous weekends for deadly car accidents.

In fact, over the past six years, car accidents during the Thanksgiving Holiday are responsible for more than five hundred wrongful deaths each year. And according to the National Safety Council, more than forty thousand others will be injured in car accidents this coming weekend. Given the recent drop in gas prices, the NSC expects an additional rise in such car accidents this year. Sadly, during times of increased vehicle travel, especially over the long Thanksgiving Weekend, the number of car accidents and resulting injuries rises greatly.

Not surprisingly, a significant reason for the increase is due to increased alcohol drinking. Because almost all Floridians will travel by car to reach their holiday destinations over Thanksgiving, those additional vehicles on the road result in an approximate increase in vehicle traffic of more than 25%. Alcohol use during the holiday season is always greater than during non-holiday weekends. Those most likely to drink and drive over the holiday weekend are, you guessed it, drivers between the ages of 21 - 24.

As we want everyone to enjoy a safe and healthy start to this year's holiday season, we at the personal injury law offices of Joseph Lipsky, hope everyone takes a little more time to get to their destinations, leaves the driving to a designated driver and do not text and drive.

October 31, 2014

Keeping Kids Safe and Preventing Car Accidents on Halloween

Florida personal injury attorney Joseph Lipsky reminds everyone that while today is Halloween, a time when our children are excited to show off their newest creative costumes, that safety should be on everyone’s mind tonight. According to the AAA, this evening between 6 and 7 p.m. is the most likely time for car accidents involving pedestrians. As the sun begins to set, drivers need to be particularly attentive to their surroundings. And, parents need to remind their children to look both ways before crossing the street.

Remember, even a slight increase in a car’s speed can have deadly results. In fact, a car going thirty miles per hour is twice as likely to cause a deadly accident as a vehicle traveling 5 M.P.H. slower. And under any circumstances, a brief moment of taking your eyes off the road, acting like a distracted driver to read a text or look at a home’s decorations, can result in a deadly car accident. Considering many costumes are dark colored, drivers need to be particularly attentive in watching out for young trick or treaters.

As for our children, parents should give all kids some sort of light, even a glow stick, to carry as a way of making themselves seen to approaching traffic. Some basic common sense safety precautions and extra attention by drivers can make sure Halloween remains a fun and safe day.

October 20, 2014

National Teen Driver Week, a Time to Prevent Car Accidents

As we commence National Teen Driver Safety week, Fort Lauderdale car accident lawyer Joseph Lipsky reminds parents of the importance their behind the wheel behavior in molding safe teen drivers. The need for National Teen Driver Safety Week is based upon the NHTSA’s study which found that more teenagers died in car accidents than by any other cause. Despite this epidemic, studies demonstrate that less than 25% of parents have actually had a serious talk with their teen driver about the dangers associated with driving a car, particularly about distracted driving.

Many unnecessary personal injuries may be avoided if parents begin by driving as a proper role model, rather than setting a bad example of a distracted driver. While parents often talk about the hazards of texting while driving, they are often the most blatant offenders. In fact, a major insurance company reports that almost ninety percent of teenage drivers witnessed their parents talking or texting while driving.

Another example of poor parental teaching behavior is calling a teenage driver while they are behind the wheel. Considering most parents expect their teenage to answer the phone, those who are driving are faced with a difficult decision of driving in a less than safe manner, or risk being punished by their parent for not answering their phone.

We cannot stress the importance of the 5 to drive rules, which include: no using a cell phone while driving, no taking extra passengers in the car, no speeding, not alcohol and no driving or having passengers who do not use their seatbelt.

The Florida Legislature passed laws which punish drivers who are seen texting, but the associated penalties are not enough to stem the tide against dangerous distracted teenage driving. Parents need to make sure that their teenage drivers know and understand the deadly results which can come from a quick look at a text. As personal injury attorneys who have helped thousands of Florida families overcome the devastating results of deadly car accidents, we hope all families take this week to spend some additional time talking to our teenage drivers about the responsibilities which come with having a driver’s license.

October 10, 2014

Taking Over the Counter Medicine Can Cause Car Accidents

As a personal injury attorney helping seriously injured accident victims across Florida, including Fort Lauderdale and Miami, Joseph Lipsky wants his fellow drivers to know about a recent caution issued by the U.S. Food and Drug Administration about the dangers, and increase in car accidents, associated with driving after taking many common non-prescription medications.

Although common sense would also indicate it, many regularly taken medications, including those used to treat conditions such as sneezing or motion sickness, can cause a driver to become dangerously drossy so that their ability to prevent a car accident is greatly diminished. In fact, according to the FDA, many medications can adversely affect drivers even a day after they are taken.

In order to prevent becoming impaired to the extent which may cause a car accident, we strongly suggest that drivers thoroughly read the warning labels of any medication they may take. Particular attention must also be paid to warnings about how a particular medication may interact with other medicines. Following instructions is critically important as even a slight reduction in a driver’s reaction time can result in a car accident. As a driver’s brain needs almost a full second to think about a situation before acting, such as by pushing the brake, any additional delay will cause a vehicle traveling at 30 miles per hour to move an additional 45 feet before the medicated driver can begin to slow or stop his car, just like any other type of impairment, including drunk driving. This distance is more than enough time in which a crash may occur.

We concur with the FDA’s recommendations and remind our fellow Floridians that taking any medication, including over the counter ones, can have deadly consequences.

October 7, 2014

Hands Free Devicies Do Not Prevent Car Accidents

Having represented thousands of seriously injured victims of car accidents in Miami and Fort Lauderdale over the past 20 years, personal injury attorney Joseph Lipsky is always concerned when he notices that devices which are characterized as making driving safer, actually cause more harm. This is precisely what is occurring with so-called voice activated car devices.

While these hands free activities are purportedly designed to allow drivers to keep their hands on the steering wheel, thereby helping prevented distracted driving accidents, a new study confirmed that these “upgrades” also cause driver distraction, leading to deadly car accidents.

The recent study by the AAA Foundation for Traffic Safety confirmed that driver’s brains are adversely affected, and greatly distracted, by using vehicle installed and cellphone voice activated systems. Most drivers are now familiar with various in vehicle applications which allow drivers to do things such as making calls or changing radio stations with voice commands rather than having to physically touch a button. Most drivers also know that due to the increasing sophistication of new vehicles and phones, often times the driver actually becomes more distracted trying to use a buggy device. The study confirmed that driver’s reaction times slow down when those drivers are thinking about something other than safe operation of their vehicle.

Sadly, anyone whose used a cellphone knows too well that the virtual assistant usually gets the voice command wrong, leading to continuing corrective actions, which lead to a distracted driver. Considering the thousands of wrongful deaths and life altering injuries caused by car accidents, auto manufactures and cellphone companies need to take care in making sure their new technologies do not continue to cause distracted driving crashes.

September 4, 2014

Bicycle Accidents on the Rise in Palm Beach County

As a personal injury attorney helping injured victims of bicycle accidents in Palm Beach County, including an ongoing case against Palm Beach County and its contractors, attorney Joseph Lipsky is certainly encouraged that public servants are finally taking a further look at making our roadways safer for cycling enthusiasts.

We know too well that bike accidents in Palm Beach County rose by about twenty percent over the past couple of years. Those increasing number of bicycle accident statistics become too real as our office has seen an increase in the number of injured bicycle accident victims across Palm Beach County over the past 2 years. In hopes of stemming the rising tide of bicycle accident injuries, in addition to common sense solutions such as mandating helmet use and requiring lights on bikes, the county is contemplating increased marking of bike lanes and greater police enforcement of those laws already on the books.

While Florida’s laws demand bikes to have a head light type lamp and wheel reflectors, front lamp and reflectors, many cyclists choose not to follow the laws which are there to protect them. Other laws which many bike riders need to know of, which may too prevent personal injuries, include riders under 16 having to wear a helmet and the prohibition against using headphones. And contrary to many people’s beliefs, riders may use the sidewalk, but must yield to pedestrians.

Incredibly, Florida did away with many of its bike rider safety rules, which used to mandate that all riders, regardless of age, had to use a helmet. One of the suggestions the county is considering include narrowing car lanes to allow wider designated bicycle lanes. As a personal injury attorney who has helped injured accident victims in Palm Beach County, and across the State of Florida, for almost 25 years, Joseph Lipsky hopes the commission gives the proper consideration to bike riders’ safety.

May 30, 2014

Too Many Wrongful Deaths in Miami Boating Accidents

Having represented many families who’ve lost loved ones in deadly boating accidents throughout our South Florida waterways, Miami personal injury attorney Joseph Lipsky is too familiar with the dangers most people forget are associated with the usually enjoyable recreation of boating. According to the Florida Fish and Wildlife Commission sadly more than 62 people were the victims of maritime accidents last year in Florida.

Considering we are entering the Summer season, in which many Miami residents take to the bay for a day of skiing or diving, the authorities hope, and we suggest, that boaters take the appropriate actions to avoid being in a boating accident. While failing to pay attention, or having a proper lookout is the usual reason for a boat accident, driving under the influence and drowning are two of the most preventable activities. Particularly with children, the use of a life vest is not only mandatory, but good common sense.

Some of the other boating behavior to be avoided according to the Coast Guard include:

- Failing to slow down in areas where boating activity is heavy;
- Driving at high speed in poor conditions;
- Pulling a water skier in a congested area
- Driving in an area where people are swimming;
- Failing to check the weather forecast before heading out for the day;

Florida Keys boating accident attorney Joseph Lipsky reminds his fellow conchs to be careful on the water, as a moment of carelessness can result in a lifetime of suffering.

May 28, 2014

Car Accidents Involving Pedestrians Happen Too Often in Fort Lauderdale

As a personal injury attorney helping injured car accident victims in Miami and Fort Lauderdale, Attorney Joseph Lipsky knows too well that Miami-Dade and Broward Counties are extremely dangerous for pedestrians. In fact, according to a recent study by Dangerous by Design, our community is the 4th most dangerous location for pedestrians in the United States. The statistics reveal that pedestrians are 300 times more likely to be injured by a car in South Florida as compared to other areas across the United States.

And, while the officials at FDOT acknowledge the severity of this issue, they have yet to implement any roadway design changes which will make it safe for pedestrians. Sadly, over 47,000 pedestrians were the victims of wrongful death due to being struck by a car over the past decade. And throughout Miami and Fort Lauderdale, there were over 1,500 pedestrian versus vehicle deaths over the same time period.

The study developed a calculation they refer to as the danger index, which compares the probability of a pedestrian being struck by a motor vehicle, as determined by state records, against the number of respondents. While South Florida’s numbers are partially skewed due to our elderly population, given their delayed reaction skills, the prevalence of high speed roads in known pedestrian areas do not help prevent deadly car accidents.

Some of the suggestions to reduce these needless deaths and injuries include building more crosswalks with wider protected sidewalks. Additionally, the Florida Department of Transportation is also trying to identify areas where pedestrians are more prone to being involved in an accident with a car, and is attempting to lower speeds and restrict right hand turns in those areas.

Having helped too many families who have had to endure the pain of losing a loved one who was struck by a car, personal injury attorney Joseph Lipsky encourages our local governments to expedite roadway design changes.