Personal Injury

November 22, 2013

AAA Foundation Raises Awareness Of Drowsy Driving Risks

Recently, in support of its designation of November 10-17 as National Drowsy Driving Prevention Week, the AAA Foundation For Traffic Safety (“AAA”) released the results of a survey of drivers across the country regarding their perspective on on drowsy driving, as part of National Drowsy Driving Prevention Week (Nov 10-16). According to AAA, the goal of the survey is to “foster a social climate in which traffic safety is highly valued and rigorously pursued. The results of the survey show that, although most drivers condemned drowsy driving, more than a quarter admitted to doing it anyway.

Almost all the individuals surveyed, (94.9%) stated their belief that it was somewhat or completely unacceptable to drive when so sleepy they have trouble keeping their eyes open. 82.9% of respondents felt that drowsy drivers pose a somewhat or very serious threat to personal safety

The numbers compiled by AAA demonstrate the severity of the drowsy driving problem in America. According to AAA statistics, 16.5% of fatal crashes, 13.1% of crashes resulting in hospitalization, and 7% of crashes in which a passenger vehicle is towed involved a drowsy driver.

October 28, 2013

Charity Bicyclist Injured, Personal Injury Attorneys Say Investigation Could Reveal Important Clues

by Gerson & Schwartz, P.A.

Last month, 24-year-old Jacob Landis, of Annapolis, Maryland, was severely injured after being struck by a hit-and-run driver in a bicycle accident in Florida in the final leg of a cross-country cycling trip to raise money for deaf individuals. Our personal injury lawyers in Miami, Florida are all too familiar with these and many other unfortunate accidents cases over the years.

Landis was knocked unconscious at approximately 10:00 pm on September 21, 2013, after being hit by the mirror of a passing tractor-trailer on US Highway 27 southbound in Polk County, Florida. Landis was accompanied by his riding partner and cousin, Jack Riddle, who witnessed the incident. Landis was transported to a local hospital where he was treated for a concussion, multiple fractures and various lacerations. The truck that struck Landis did not stop after the crash, and, according to the local sheriff’s office, it was possible the driver of the truck didn’t realize he had hit the bicyclist.

At the time of the accident, Landis had been cycling for several months and rode almost 11,000 miles to 29 of the 30 Major League Baseball stadiums in the U.S., raising $140,000 help the hearing impaired get fitted for cochlear implants.

October 14, 2013

ESPN’s Withdraw From Documentary Shines Spotlight On Concussion Controversy And Effects Of Traumatic Brain Injuries.

by Gerson & Schwartz, P.A.

Over the last few years, the dispute regarding the effect of concussions on players in the National Football League has intensified, resulting in increased scrutiny of the manner in which NFL officials handled the situation. In August, ESPN withdrew its support for a documentary entitled “League of Denial,” investigating the NFL’s handling of the concussion crisis among its players.

ESPN claimed that its decision to end collaboration on the project with Frontline, a PBS series, was the result of its realization that it did not have editorial control over the content of the documentary. The New York Times reported that the real reason ESPN backed out was due to pressure placed on it by the NFL.

League of Denial explores the NFL’s resistance to acknowledging the growing evidence of the link between concussions and progressive degenerative brain disease. More importantly, the documentary brings much needed attention to the issue of brain injuries and the negative and long-lasting effects they can have on those afflicted by them.

A traumatic brain injury is a type of brain injury that results in disruption of normal functioning and can result from any accident in which the head sustains direct trauma, a lack of oxygen, or as a result of a closed head injury.

October 7, 2013

Recommendations To Improve Motorcycle Safety

by Gerson & Schwartz, P.A.

In June, the National Highway Traffic Safety Administration (“NHTSA”) issued a report prioritizing recommendations contained in its National Agenda for Motorcycle Safety (“NAMS”). Developed in 2000 by the NHSTA in collaboration with the Motorcycle Safety Foundation (“MSF”) the NAMS is comprehensive plan to improve motorcycle safety across the United States and thereby decrease the incidence of motorcycle accidents.

The NAMS contains eighty two recommendations, addressing a range of topics and strategies related motorcycle safety, including, human, vehicle, environmental, and social factors to prevent crashes, reduce injuries in crashes, and care for people injured in crashes. The NAMS recommendations were prioritized in three groups: urgent (4), essential (56), and necessary (22).

Pursuant to a recommendation by the National Transportation Safety Board (“NTSB”), the NHTSA has prioritized the NAMS recommendations based on objective criteria. The recommendations were prioritized based on a complicated methodology designed to estimate each recommendation overall impact on safety outcomes.

October 5, 2013

Clearwater Man Arrested In Connection With Fatal Hit-And-Run Of Bicyclists

by Gerson & Schwartz, P.A.

Early this month, a young couple, Rob Lemon, 25, and Hilary Michalak, 25, were struck by a motorist while riding their tandem bike on the Memorial Causeway in Clearwater, Florida. According to reports, the force of the impact shattered the bike and threw the pair over 50 feet. Although both individuals were wearing helmets, Lemon later died at St. Joseph’s Hospital in Tampa and Michalak fell into in a coma.

The vehicle that struck Lemon and Michalak did not stop, however, two days after the incident, Christopher Patrick Weed, 29, of Clearwater, came forward and admitted he may have been involved. According to police, Weed claimed that he had blacked out on the way home from and didn’t remember hitting anyone.Upon seeing news coverage of the incident, Weed went to police, who later discovered Weed’s vehicle had a missing windshield and damage to the front end. Weed was arrested on two felony charges of leaving the scene of a crash.

According to those close to the victims, both were aware of the danger posed by bicycling on Florida’s roadways. Both Lemon and Michalak always wore helmets and usually rode their bike on trails to avoid the dangers posed by traffic. Lemon also wore an anklet engraved with his father’s name and phone number so that he could be identified and family contacted if he was ever seriously injured.

September 30, 2013

Court Decision Discusses Admissibility

by Gerson & Schwartz, P.A.

In July, Florida’s Fourth District Court of Appeals issued a decision in the case of Jackson v. Albright, contrary to a long-standing rule of law that evidence of a plaintiff’s prior settlement is inadmissible at trial. Generally speaking, a defendant is not permitted to introduce evidence of or question a plaintiff in a car accident claim regarding any previous settlement that the plaintiff has received as it may prejudice the jury.

In Jackson, the plaintiff, Kim Douglas, was injured in a 2001 car accident when her vehicle was rear-ended by another automobile driven by the defendant, Robert Albright. Douglas sued Albright for negligence, claiming that she suffered a herniated disc and neck strain as a result of the accident.

Douglas claimed that she was treated by a chiropractor and orthopedic surgeon and engaged in physical therapy in the months following the accident. Douglas had an MRI that revealed the disc injury in 2003, but Douglas did not have the surgery until approximately five years later. Douglas maintained that she waited to have the surgery because she did not have the financial ability to pay for it.

September 23, 2013

Construction Workers Injured on Job

by Gerson & Schwartz, P.A.

Miami Fire Rescue was called to an apartment building that is under construction to help two workers who were injured on the job. WSNV News reports that the construction workers weren’t doing anything out of the ordinary. The construction crew was lifting plywood off of a landing on the second floor using a crane and nylon strapping. The nylon strap failed as they lowered the load down and the wood fell onto the two men.

The plywood weighed nearly 300 pounds. The weight of the wood made it necessary to use a crane to lift it off of the men. Both men had injuries to their heads, necks and backs and were taken to Ryder Trauma Center. Miami Fire Rescue said that the men were in stable condition and were expected to recover.

Dangers of Construction Work

September 23, 2013

Court Decision Discusses Tort Of Negligent

by Gerson & Schwartz, P.A.

Last month, the United States District Court for the Middle District of Florida, issued a decision in the case of Seybold v. Clapis, discussing the tort of negligent infliction of emotional distress as it relates to car accident claims. In Seybold, the plaintiffs, Mandy Seybold, John Seybold, and their two children, were preparing to leave the Disney All-Star Movie Resort. John Seybold was in the hotel checking out as Mandy Seybold waited near their vehicle containing the children. As Mandy and the children waited, Mandy was struck by a car driven by the defendant, Victor Clapis. Hearing his wife scream, John Seybold went outside to find Mandy Seybold’s pinned between the vehicles. Clapis put his car into park, leaving Mandy Seybold pinned. A bystander moved the Seybold’s vehicle, freeing Mandy Seybold’s leg. Although the incident took place on Walt Disney’s property, no Disney employees came to assist Mandy Seybold.

The Seybolds sued both Clapis and Disney, allege claims on behalf of John Seybold and the children against Disney for negligent infliction of emotional distress. Disney moved to dismiss these claims, arguing that the Seybolds would not be able to prove the elements of a claim for negligent infliction of emotional distress.

Under Florida law, the elements necessary to prove a claim for negligent infliction of emotional distress differ depending on whether or not the plaintiff suffered a physical impact from an external force. If the plaintiff has suffered an impact, he or she may recover for emotional distress resulting from the incident during which the impact occurred.

August 21, 2013

Pepper Spray Goes Off In Airport

by Gerson & Schwartz, P.A.

It was a regular Tuesday at Fort Lauderdale Hollywood International Airport. People pulling their luggage out of the trunk of loved one’s car, wishing farewells, and standing in line.

For ten travelers the security checkpoint was far from routine. According to the Sun-Sentinel, at around 5:45 p.m. at the Air Tran security checkpoint ten people experienced adverse reactions to what turned out to be pepper spray. Apparently, the canister was accidentally deployed in someone’s carry-on luggage. At least it happened in the security checkpoint area instead of on the flight. Nine people were treated in the airport at terminal one and continued to their gates, but one man wasn’t so lucky. Suffering from chest pains, he was taken to Broward Health Medical Center for treatment. It is unclear whether or not it was this man’s pepper spray, or how the pepper spray was deployed.

Personal injury laws such as common law negligence protect the rights of innocent injury victims. Liability for this incident could be based on an intentional tort or due negligence, carelessness, recklessness, or even an intentional act. An individual, establishment, or company may be held responsible for criminal acts of unknown this parties and for negligent acts of their employees under a theory called respondeat superior. In regards to the airport incident, important questions remain. How did the pepper spray deploy? How did is pass through security? Was there an altercation that security failed to identify and then escalated? Was the container deployed by an airport security officer? Do the other affected travelers know whose it was? Was the irritant passed through the x-ray machine? While the incident sounds only minor, the fact that such the incident occurred in the first place suggests a possible failure in the airport operations and duty to provide a reasonably safe premises. It also implies potential security vulnerabilities exist at one of our local major airports.

August 15, 2013

Carnegie Mellon Study Concludes That Talking On A Cell Phone Does Not Affect Ability To Drive

by Gerson & Schwartz, P.A.

According to a recently released study entitled “Driving under the (Cellular) Influence” conducted by Carnegie Mellon University and the London School of Economics and Political Science, the use of a cell phone while operating a vehicle does not correlate with a higher risk of causing a car accident.

The study sought to reconcile the conclusion that talking on a cell phone while driving increased the risk of crash with the fact that, although cell phone use has increased over the past few decades, the number of car crashes per mile traveled in the United States has decreased. The study gathered data from an unnamed cell phone provider which demonstrated a more than seven percent increase in call volume after 9 p.m., due to usage plans that offered free nights.

These figures were then compared to the rate of car accidents occurring before and after 9 p.m. Based on crash data gathered on eight million accidents in nine states and all fatal crashes across the nation, the study concluded that there was no correlation between cell usage during driving and incidence of car accidents.