September 30, 2011

Wrongful Deaths from Car Accidents in Florida Drop

As personal injury attorneys helping injured victims of car accidents throughout Florida, we are happy to report that wrongful deaths from car accidents fell to the record lows last year. According to the Department of Highway Safety and Motor Vehicles the car accident death rate dropped to 1.25 deaths per 100 million roadway miles traveled.

The statistics indicate that car accident involved wrongful deaths across Florida fell almost 5% over the last year. Unfortunately, last year in Florida almost 2500 people still died in traffic related accidents. And, deaths of pedestrians increased almost 4% during the same time period.

Regardless of the reasons, whether less people are driving due to the economy, or that vehicles are becoming safer, less traffic fatalities are good news.

September 23, 2011

Kids Injured in Car Accidents Due to Improper Child Seat Use

In a wake up call to parents who think their kids are protected from suffering personal injuries in a car accident in Florida, a recent study by Safe Kids found that the majority of parents are improperly using their kids car safety seats. The study found that only about thirty percent of parents properly use the tether straps on their kids seats, subjecting them to preventable head injuries.

The National Highway Traffic Safety Administration reports that car accidents are the leading cause of wrongful death of kids between the ages of three and fourteen. Yet, if parents installed and used their kids safety seats correctly, the risk of such wrongful deaths would decrease by more than half.

The improper use of tether straps, which prevents the safety seats from tumbling forward, were the study's most glaring observation. The National Highway Traffic Safety Administration estimated that proper use of the tether straps would would save lives and prevent more than 3000 car accident injuries a year. We echo the ongoing effort to educate parents about the proper use of car safety seats. We hope that a car accident is not the event which reminds parents to fully protect their children.

September 13, 2011

Uninsured Drivers Causing Many Car Accidents

As personal injury lawyers representing victims of car accidents throughout the State of Florida, we strongly urge our clients and friends to buy uninsured motorist coverage. Our comments are buoyed by a recent study release by the Insurance Research Council which confirms that one out of every seven drivers have no car insurance.

The study, not surprisingly, found that the financial hardship of the current economy is the primary reason why many drivers have not renewed their car insurance. The study confirmed a correlation between unemployment and the number of drivers with no insurance.

Drivers who comply with their state's law, by having insurance, cover the losses caused by uninsured driver, to the annual tune of almost 11 billion dollars. However, as attorneys representing accident victims for more than 20 years, we have seen too many clients who are unable to recover for their medical bills, lost wages and permanent injuries because they did not have uninsured motorist coverage.

Contrary to the statements of many insurance agents, who tell their customers that they do not need uninsured motorist coverage if they have health and disability insurance, our experience shows that having uninsured motorist coverage is the only way to guarantee a source of recovery should you be the victim of an accident.

September 12, 2011

Car Accidents Caused by Drug Use in Palm Beach On The Rise

As personal injury attorneys in Palm Beach, we are not surprised by the fact that car accidents caused by drivers under the influence of drugs rose by eighteen percent in 2010. Interestingly, drug use involved crashes throughout Florida decreased last year.

There can be no doubt that the number of so-called pain clinics in South Florida and their ever increasing sale of Oxycodone and Xanax played a significant role in the increase of drug involved car accidents. These pain clinics may very well be the reason that drug use in Florida differs from the rest of the United States. A nationwide analysis of car accidents by the National Highway Traffic Safety Administration found that marijuana and cocaine were the drugs usually found in drivers.

As there is no minimum impairment standard, as there is for alcohol use, there is a strong likelihood that prescription drugs as a cause of car accidents is actually greater than thought. This is one of the reasons why we urge the Florida Attorney General's Office to continue its prosecution of the doctors and clinics who sell these dangerous drugs for profit.

September 2, 2011

Are Damage Caps on Medical Malpractice Cases Legal; Florida Supreme Court Will Decide

The Florida Supreme Court will soon decide whether the mandatory limitations on so- called non economic damages, otherwise known as pain and suffering, in medical malpractice cases is constiitutional.

The damage caps, which were passed into law by the Florida Legislature in 2003, essentially place a limit of one million dollars on the amount a victim of medical malpractice may seek for their pain and suffering, regardless of how many health care professionals cause their injuries.The law, known as Florida Statute section 766.118, also places a limit of $500,00.00 on damages a victim may recover for pain and suffering against any single doctor.

The United States District Court already ruled the limitations on personal injury damages for pain and suffering did not violate the United States Constittion. But, the District Court indicated that the Florida Supreme Court should address the issue with regards to the Florida Constitution.

As lawyers in Florida handling medical malpractice personal injury cases, on behalf of our clients who have suffered catastrophic injuries to to medical negligence, we certainly hope the Florida Supreme Court will decide that these arbitrary limits on damages are inadequate to address the devistation familes suffer due to serious medical negligence.