South Florida Personal Injury Lawyers Blog

Speeding Florida Driver Causes Fatal U-Turn Accident

Published on: August 29, 2024 | by Friedman, Rodman & Frank, P.A.

Although common on many roads, U-turns can be particularly hazardous when not executed correctly. These maneuvers require drivers to cut across multiple lanes of traffic, making them especially risky at busy intersections. The potential for severe collisions increases significantly when drivers misjudge the speed of oncoming traffic or other vehicles traveling at high speeds. Unfortunately, U-turn accidents often result in devastating outcomes, including severe injuries and fatalities.

Fatal U-Turn Accident in Sunrise Results in Four Deaths

A tragic accident in Sunrise, Florida, claimed the lives of four people, including a child, last month. The incident occurred around 6:40 a.m. at the intersection of West Oakland Park Boulevard and Northwest 64th Avenue. According to witnesses, one of the vehicles involved was making a U-turn when it was struck by another car traveling at an extremely high speed.

One witness, who was at a nearby bus stop, described the horrifying moment when the speeding car crashed into the vehicle attempting the U-turn. “I would say like 100 miles, not less,” the witness said, highlighting the intensity of the impact. The force of the collision was so severe that bystanders had to assist the driver out of the smoking vehicle, and emergency responders were forced to cut open the car to reach the occupants.
Tragically, the driver and passengers in the vehicle making the U-turn did not survive. The driver of the speeding car was transported to the hospital with head injuries. As authorities continue to investigate the circumstances surrounding the crash, the community is left grieving the loss of these four lives.

The Devastating Impact of Florida Red Light Accidents

Published on: August 22, 2024 | by Friedman, Rodman & Frank, P.A.

Red light accidents are among the most dangerous types of collisions on the road. When drivers fail to obey traffic signals, the results can be catastrophic, often leading to severe injuries or even fatalities. These accidents frequently occur at high speeds and can involve multiple vehicles, making them particularly deadly. In Florida, where traffic congestion and high-speed driving are common, the risk of red light accidents is ever-present. The tragic consequences of these collisions can leave families grieving the loss of loved ones and dealing with the aftermath for years to come.

Miami Gardens Crash Claims Life of Young Man

In a heartbreaking incident, a young man lost his life in a crash that occurred in Miami Gardens early Tuesday morning. The crash happened at the intersection of Miami Gardens Drive and NW 22nd Avenue, a location known for its busy traffic flow. The victim, a 21-year-old man, was driving when another driver reportedly ran a red light and collided with his vehicle.
The victim’s mother, who has been left devastated by the loss of her son, recounted the moments leading up to the tragic news. She received a text message from her son’s phone, indicating that it appeared to have been involved in an accident and providing a location via GPS. Rushing to the scene, she desperately sought information from the authorities. It was then that she learned her son had died in the crash. The at-fault driver was taken to the hospital, but the damage had already been done.

Understanding How Red Light Accidents Happen

Red light accidents occur when a driver fails to stop at a traffic signal, leading to a collision with vehicles with the right of way. These accidents are often the result of distracted driving, speeding, or reckless behavior. Sometimes, a driver mistakenly believes they can make it through the intersection before the light changes, only to cause a severe accident.

Gas Tanker Collision Shuts Down I-595 in Broward County

Published on: August 13, 2024 | by Friedman, Rodman & Frank, P.A.

Truck accidents involving gas tankers present an enormous risk on the road. These vehicles transport hazardous materials that can lead to catastrophic outcomes when involved in a collision. The severity of such incidents goes beyond the immediate crash, often resulting in fires, toxic spills, and extensive road closures. The complexity and potential danger of these accidents highlight why legal representation is beneficial and essential. Without a knowledgeable Florida semi-truck accident attorney, you could face significant challenges in protecting your rights and securing fair compensation.

Gas Tanker Crash Causes Major Disruption on I-595 in Broward County

In early August, a serious crash involving a gasoline tanker shut down the eastbound lanes of Interstate 595 in Broward County, Florida. This accident occurred just west of University Drive, leading to a traffic nightmare for several hours.

The Florida Highway Patrol reported that the gasoline tanker collided with the rear of another semi-truck, resulting in a serious mess that required immediate attention. Emergency crews quickly responded, shutting down all eastbound lanes to manage the cleanup. This incident created long traffic backups, as shown in video footage, and forced drivers to endure extended delays. Although express lanes remained open, the impact on the main lanes was severe.

Fortunately, despite the gravity of the situation, no significant injuries were reported. However, this accident’s disruption and potential dangers are a powerful reminder of the risks posed by gas tanker crashes.

Tragic Tractor-Trailer Crash in Hialeah Gardens Claims One Life

Published on: August 5, 2024 | by Friedman, Rodman & Frank, P.A.

Tractor-trailer accidents can result in devastating consequences, particularly for those involved in smaller vehicles like passenger cars or pickup trucks. The sheer size and weight of tractor-trailers make these accidents especially dangerous, often leading to severe injuries or fatalities. If you or a loved one has been involved in a Florida tractor-trailer crash, it’s essential to understand the potential legal avenues available to seek justice and compensation.

Fatal Tractor-Trailer Accident in Hialeah Gardens

In late July, a tragic accident in Hialeah Gardens resulted in the death of one man after his pickup truck collided with a tractor-trailer. The incident occurred in the early morning hours on US 27, just south of NW 138th Street, around 2:45 a.m., according to Florida Highway Patrol (FHP) reports.

The blue Chevy pickup truck driver was traveling north on US 27 when he crashed into a stopped tractor-trailer. The impact of the collision was so severe that the driver of the pickup truck died at the scene. Authorities have not yet released the identity of the victim. Following the crash, two lanes of US 27 were closed for approximately four hours as emergency crews worked to clear the scene and investigate the circumstances surrounding the accident.

How Hospitals and Administrators May be Responsible for Extra Damages in Cases of Egregious Medical Malpractice

Published on: July 30, 2024 | by Friedman, Rodman & Frank, P.A.

In Florida, the legal framework surrounding medical malpractice is designed not only to make victims of medical negligence whole but also to allow for various types of damages based on the severity of the misconduct involved. While the primary goal is to compensate victims for their losses and restore them to their pre-malpractice condition as closely as possible, Florida law also provides avenues for additional damages. This includes non-economic damages for pain and suffering, as well as punitive damages intended to punish egregious behavior and deter future misconduct. A recent appellate court decision illustrates how these statutes are applied, especially in cases involving severe professional misconduct.

The case in question began with a surgical procedure gone terribly wrong. A patient underwent an appendectomy, a routine operation to remove an inflamed appendix, only to suffer a severe and damaging error: the surgeon mistakenly removed the patient’s healthy ureter instead. This mistake necessitated three additional surgeries to correct the error, including the removal of the inflamed appendix, the placement of a nephrostomy tube to ensure proper kidney function, and reconstructive surgery to reconnect the damaged ureter. The severity of these procedures and their impact on the patient’s health and life were considerable.

The surgeon responsible for this botched surgery had a troubling history that should have raised red flags for the hospital administration. This surgeon had been involved in numerous malpractice lawsuits and had faced disciplinary actions from medical boards in both Florida and California due to his unsafe practices and severe alcohol abuse. Despite this history, the hospital continued to renew the surgeon’s credentials, allowing him to perform surgeries unsupervised. The patient’s legal team argued that the hospital’s actions—or lack thereof—were so grossly negligent that punitive damages were justified. They contended that the hospital’s failure to act on the surgeon’s known incompetence demonstrated a conscious disregard for patient safety.

What Injured Workers Need to Know to Pursue a Workers’ Compensation Claim in Florida

Published on: July 21, 2024 | by Friedman, Rodman & Frank, P.A.

Workers’ compensation insurance is a crucial safety net for employees in Florida who are injured on the job. It provides essential benefits, including coverage for medical expenses and compensation for lost wages, to help injured workers recover and get back on their feet. However, while this system is designed to support workers, it also represents a significant cost to employers, who often look for ways to minimize their payouts. Recently, a Florida court decision highlighted the ongoing struggle workers face in securing these benefits, as it denied continued benefits to an employee following an accident.

In Florida, workers’ compensation insurance is intended to provide comprehensive support to employees injured in the course of their employment. This includes coverage for immediate medical treatment, ongoing care, and financial compensation for lost wages. The goal is to ensure that injured workers do not bear the financial burden of their recovery. However, obtaining these benefits can be challenging. Employers and their insurance companies often scrutinize claims to avoid paying out benefits whenever possible. This was shown in a recent court ruling that reversed a decision granting continued benefits to an injured worker, illustrating the obstacles employees may face in accessing the support they need.

The case involved an employee who sustained injuries to her right hand and wrist when a door slammed shut at her workplace. Initially, the employer and their insurance carrier accepted the injury as compensable and provided benefits for several months, including pain management and physical therapy. The worker, experiencing persistent pain more than a year after the accident, sought further medical treatment. The Judge of Compensation Claims (JCC) initially ruled in favor of the worker, approving the continuation of her medical treatment. However, the employer appealed this decision, arguing that the injury no longer required additional care.

How Workers Compensation Insurance Addresses Seasonal Employment in the Event of a Workplace Injury

Published on: July 16, 2024 | by Friedman, Rodman & Frank, P.A.

Seasonal employment is a major component of Florida’s economy, drawing thousands of workers each year to a variety of industries. From the bustling tourism sector, where theme parks and resorts require additional staff during peak travel times, to the construction industry, which often ramps up projects to take advantage of favorable weather, seasonal jobs are plentiful. Additionally, Florida’s professional and semi-professional sports teams, including baseball and football, rely heavily on seasonal workers to support their operations. These jobs, while offering valuable opportunities and income, come with risks. Many seasonal roles, especially those in physically demanding fields like construction and sports, can be hazardous, exposing workers to potential injuries.

In Florida, employers are mandated to carry workers’ compensation insurance to protect employees who get injured on the job, and this includes seasonal workers. Workers’ compensation provides essential benefits, such as medical care and wage replacement, to help injured employees recover and support themselves during their time off work. However, the amount of compensation a worker is entitled to can vary significantly. This calculation is often based on “full-time weekly wages,” but this baseline can be adjusted, and the interpretation of this amount can be contentious. Recently, a Florida district court addressed such an issue when an employer challenged the amount awarded to a seasonal professional baseball pitcher who was injured and unable to complete his employment contract.

The pitcher in question was under a contract with a minor league baseball team and earned a salary during the five-month championship season. However, his contract also required him to be available year-round for other activities, such as exhibition games and training. Unfortunately, during one of the championship games, the pitcher sustained a serious shoulder injury, which led him to file a workers’ compensation claim. Initially, the Judge of Compensation Claims (JCC) calculated his average weekly wage (AWW) based on a full-year salary, attributing his monthly earnings over 12 months, even though his contractual salary only covered the five months of the championship season.

Florida Appeals Court Refuses to Hold Corporation Responsible for Actions of a Negligent Subcontractor

Published on: July 8, 2024 | by Friedman, Rodman & Frank, P.A.

Florida business owners have a responsibility to maintain their premises in a reasonably safe manner for all who enter. This includes not only ensuring that the physical environment is safe but also addressing security concerns adequately. When businesses hire external security services, they may still be held responsible for the actions of those security companies, especially if the premises are not kept secure. Recently, the Florida Court of Appeal addressed a case involving a national fast food chain where a security guard, hired as an independent contractor, shot and killed a plaintiff’s family member without adequate justification.

According to the facts discussed in the recently released appellate opinion, a disturbance at the restaurant led to the involvement of a security guard who a company contracted by the restaurant hired. The guard, unable to manage the situation, ultimately discharged a firearm, resulting in the death of the plaintiff’s family member. The plaintiff filed a negligence claim, arguing that the larger corporation was liable for the actions of the franchisee and the security contractor. After losing initially at the summary judgment stage, the plaintiff appealed the ruling, seeking to hold the larger corporation accountable.

The appellate court reviewed the case and affirmed the lower court’s ruling. The Court relied on Florida law on vicarious liability and independent contractors in making this decision. Generally, in Florida, a business owner or employer is not held liable for the acts of an independent contractor. This principle includes cases where the contractor fails to uphold the safety standards expected of the business. The appellate court found that the corporation did not breach a non-delegable duty to maintain reasonably safe premises simply because the independent contractor’s guard negligently discharged a firearm. This incident was considered beyond the scope of the corporation’s duty to provide a safe environment for its business invitees.

Florida Appellate Court Affirms Verdict in Auto Accident Case

Published on: June 29, 2024 | by Friedman, Rodman & Frank, P.A.

A recent Florida appellate court decision has highlighted the difficulties of many Florida auto accident cases. The court upheld a verdict against the plaintiff, who had argued that the trial court mishandled objections to the defense’s questioning. The appellate court found that these objections did not impact the verdict. Testimonies about inconsistencies between the plaintiff’s trial and deposition statements and expert reports concluded that the plaintiff could have avoided the accident. The court also noted that the plaintiff’s attorney failed to object to witnesses’ testimonies regarding deposition transcripts.

Car accident cases can be extremely complex and challenging. They often require detailed and consistent testimonies and thorough expert analysis. In this case, the plaintiff’s loss underscores the importance of having an experienced personal injury attorney to navigate these difficulties. Expert testimony and identifying and correcting procedural errors are vital in these cases.

The Role of Expert Testimony in Auto Accident Cases

Expert testimony is critical in auto accident cases. Experts provide essential insights into how an accident occurred and whether it could have been prevented. In the recent Florida appellate case, experts analyzed the plaintiff’s speed and concluded that she could have avoided the accident. This testimony was pivotal in the court’s decision to uphold the verdict.

Experts such as accident reconstructionists and medical professionals offer valuable perspectives that lay witnesses cannot provide. Their analysis covers various factors, including vehicle speed, road conditions, driver reaction times, and injury severity. This detailed evidence can determine a case’s outcome.

Florida Court Dismisses Lawsuit Against City of Miami Citing Sovereign Immunity Pre-Suit Notice Requirement

Published on: June 22, 2024 | by Friedman, Rodman & Frank, P.A.

In a recent decision, the Third District Court of Appeal reversed a lower court’s order that denied the City of Miami’s motion to dismiss a lawsuit based on sovereign immunity. The court explained that the plaintiff did not comply with Florida’s sovereign immunity pre-suit notice requirement, leading the court to side with the City. This ruling highlights the importance of following proper procedures when suing a government entity. If you’re in Miami and considering such a lawsuit, hiring a personal injury attorney can be invaluable.

Cases involving negligent government entities are more common than people think. Whether it’s a car accident involving a city vehicle or a slip and fall on government property, these situations frequently arise. Successfully pursuing these claims requires an experienced Miami personal injury lawyer who understands Florida’s sovereign immunity laws. A knowledgeable attorney can help you navigate these complex cases, ensuring all procedural steps are correctly followed and increasing your chances of a favorable outcome.

Florida’s Sovereign Immunity Statute

Florida’s sovereign immunity statute, specifically Section 768.28(6), sets forth the requirements for suing a government entity. This statute is crucial because it dictates how and when a lawsuit can be brought against a governmental body. One of the primary requirements is that the plaintiff must provide pre-suit notice to the agency being sued. This notice must be given in writing, and the nature of the claim and the amount of compensation demanded must be detailed.