South Florida Personal Injury Lawyers Blog

Increased Risks Associated with E-Bike Accidents

Published on: March 31, 2023 | by Friedman Rodman Frank & Estrada, P.A.

E-bike accident levels have continued to rise as e-bike usage climbs throughout the nation and Florida. Nationally, the sale of e-bikes has rapidly increased, with roughly 804,000 sold in 2021, up from only about 152,000 in 2016, according to the National Bicycle Dealers Association. E-bikes are a popular vehicle option for several reasons, including convenience, cost savings on gas, and reduced environmental impact relative to cars.

Unfortunately, e-bikes pose an elevated risk relative to conventional bicycles due to the greater velocity of e-bikes. The greater power and subsequent velocity that riders receive from e-bikes places riders at increased risk of accidents and greater harm resulting from such accidents. In fact, a 2020 study published in the peer-reviewed journal, Injury Prevention, found that riders of e-bikes are more likely to require hospitalization following accidents than riders of manual bicycles. A recent news article detailed a fatal crash between a truck and an e-bike in the Upper Keys.

According to the article, the crash occurred when a truck hit and killed a 59-year-old man on an e-bike was hit by a truck while trying to cross the road near Snake Creek Bridge in Islamorada. The Florida Highway Patrol said that the man was traveling north on the east side of U.S. 1 when he collided with a pickup truck driven by a 70-year-old man heading south towards Snake Creek Bridge. Per the law enforcement report, the man on the e-bike entered the southbound lane and into the pickup truck’s path before being struck on the right side. The man riding the e-bike died of his injuries. The Florida Highway Patrol is still investigating the crash, and charges are pending.

One Killed in Fatal Pasco County Motorcycle Accident

Published on: March 21, 2023 | by Friedman Rodman Frank & Estrada, P.A.

While it is common knowledge that driving a motorcycle or motorbike is relatively more dangerous than driving a car or other four-wheeled motor vehicle over the same distance, the difference in safety is starker than you might think. According to some sources, riding a motorcycle can be up to 26 times more likely to die in an accident than someone in an automobile over an identical trip. The heightened level of risk present in motorcycle riding should put car drivers on alert to exercise extreme caution when out on the road. The unprotected nature of motorcycles and the lighter weight and small profile while driving means that car drivers should be hyper-vigilant and aware of motorcycles so as to avoid crashes when driving. A recently published news report detailed a fatal motorcycle crash in Pasco County, Florida, from last month.

According to the recently published news report, the Pasco County motorcycle accident occurred on the afternoon of Thursday, February 16, when an 83-year-old driver of an SUV was traveling northbound on Oakmont Ave and failed to stop at the intersection. Subsequently, a 63-year-old Tarpon Springs man who was driving a motorcycle westbound on Anclote Blvd approaching Oakmont Ave collided with the SUV and collided with another vehicle. The driver of the motorcycle was transported to a nearby trauma center, where he died from his injuries.

Florida makes use of the pure comparative negligence standard. Comparative negligence is the legal concept that parties in an accident are assigned the calculated percentage of fault that they were responsible for in a given accident. Under the pure comparative negligence model, an accident victim can recover money from an equally or less negligent party. That means that in the state of Florida, accident victims can recover compensation from the other party, even if the victim is partially at fault, including fault that exceeds 51%. In practice, this means that even if the victim is found to be mostly at fault for an accident during a trial, they can still seek compensation for personal damages from the other party. If a claim is successful, the total damages awarded will be reduced by the victim’s percentage of fault. It is vital to have an experienced accident attorney to navigate this complex process.

One Killed in Fatal St. Lucie Highway Crash

Published on: March 21, 2023 | by Friedman Rodman Frank & Estrada, P.A.

From year to year, Florida is consistently one of the states with the most traffic accidents each year. One of the most common ways to measure the risk of fatal car accidents from state to state is the metric of deaths per 100 million miles traveled within a given state. This statistical format can be helpful to calculate driving risks in a state while controlling for disparities in population between different states. According to the Insurance Institute for Highway Safety, the deaths per 100 million miles traveled within Florida is 1.60, placing it ahead of all but a handful of other states in the country when it comes to drivers and passengers killed in car accidents. Fatalities in Florida car accidents have been rising since 2018, and currently, nearly 40% of all vehicle crashes result in injuries. Crashes occurring on highways can be particularly dangerous due to the higher speed limits on highways, resulting in more serious implications than crashes occurring at slower speeds.

When it comes to vehicle accidents, drivers and passengers in Florida need to be aware of the variety of factors that can be used to calculate pain and suffering damages after a car collision. These factors include but are not limited to injury category, the time required for recovery, treatments, and the severity of the crash. These different elements can help pinpoint the necessary compensation in court after a car crash. Many of these factors are related, as the more serious the crash, the more likely the time to fully recover will be longer. A recent news article discussed a recent fatal St. Lucie County highway from last month.

According to the news article, the accident occurred when two cars collided at an intersection of State Road 70. The accident is being investigated by the Florida Highway Patrol (FHP). According to the FHP, a 58-year-old man was traveling South on Shinn Road approaching the intersection on State Road 70 when he collided with another vehicle driven by a 51-year-old man driving West on State Road 70. The incident occurred on Friday, February 17, around 5:38 a.m. The 58-year-old man was killed during the collision after failing to yield the right of way to the second vehicle.

Florida Keys Motorcyclist Killed in Fatal Turn Lane Crash

Published on: March 16, 2023 | by Friedman Rodman Frank & Estrada, P.A.

Riding a motorcycle is between 15 to 40 times more dangerous than driving a car, and each year dozens of motorcyclists are killed, and thousands more are injured in Florida vehicle accidents. Motorcyclists should exercise extreme caution when out on the road, carefully obeying all traffic signs and laws. In one recent piece from the medical journal CMAJ, research performed on 27,000 motorcycle accidents and 282,000 car accidents found that the injury rate for motorcycle crashes was triple the rate of injury for car crashes. Additionally, the risk of severe injuries was 10 times more likely in motorcycle accidents. Notably, the cost of medical treatment the motorcycle crashes was double that of car accident survivors.

Given the elevated risks when it comes to Florida motorcycle accidents, motorcycle drivers and passengers should be aware of several Florida-specific points when it comes to motorcycle crash compensation. In Florida, compensation in a motorcycle accident will not include personal injury protection (PIP) coverage. PIP is a mandatory, no-fault coverage paid out by the insurance company following an automobile accident. PIP provides up to $10,000 in compensation for things such as medical bills and lost wages, even if the policyholder is responsible for the crash. However, motorcyclists do not receive PIP coverage. A recent news article discussed a fatal motorcycle accident that occurred in February 2023 in Florida.

According to the news article, the accident occurred when a 32-year-old woman driving a 2018 Toyota SUV accelerated as she left the Big Pine Academy school, turning south on U.S. 1. Her car hit the right side of a motorcycle with a 62-year-old man on it. The man on the motorcycle was stopped in the turn lane on U.S. 1, waiting to drive into Big Pine Village shopping center, when the SUV hit him. According to the Florida Highway Patrol, the man on the motorcycle was not wearing a helmet at the time of the accident. The man was flown by a helicopter ambulance to Jackson South Medical Center in Kendall for treatment to address his critical injuries, but he died at the hospital later that night. Authorities have said that charges are still pending as the investigation unfolds.

One Killed One Injured in Fatal Florida Truck Collision

Published on: March 15, 2023 | by Friedman Rodman Frank & Estrada, P.A.

It is vital to take basic steps to protect yourself when you are driving. One simple thing you can do every time you drive is to ensure that you are wearing your seatbelt, especially when you’re in the front of the car. Seatbelts significantly decrease the risk of fetal injuries in the event of a crash, while forgoing a seatbelt while in a car can increase your risk of death in a car accident by as high as 45%. Thousands of drivers in Florida experience severe or fatal accidents annually due to their failure to wear seatbelts.

The danger of not wearing your seatbelt is compounded when a truck or other large vehicle is involved in the crash. Large commercial vehicles like trucks are on the road to transport heavy items over long distances. That means that trucks can become difficult to maneuver in emergency situations, preventing truck drivers from turning or stopping suddenly due to the weight of their vehicle and cargo. Additionally, truck drivers are under extreme pressure to spend long hours on the road, as they need to meet delivery deadlines. This can lead to exhaustion and impaired judgment on the roads. Tired drivers are more likely to make mistakes when driving, increasing the likelihood of accidents. A recent news article discussed a fatal Florida car and truck accident.

According to the news article, the accident occurred when a fully loaded semi-truck collided with a passenger vehicle in an Ocala intersection on Wednesday, February 22. Ocala Police officers responded to the crash. A witness stated that the semi-truck had a red light when it started blasting its air horn and proceeded into the intersection. The passenger vehicle had already begun to cross when the semi-truck tried to avoid a collision. The front of the semi-truck struck the car door and pushed it sideways into the median. According to authorities, the female driver of the passenger vehicle was trauma-alerted to a local hospital, where she passed away from her injuries.

One Dead in Fatal Semi-Truck Underride Collision in Florida

Published on: March 10, 2023 | by Friedman Rodman Frank & Estrada, P.A.

Truck underride collisions are one of the deadliest types of automobile accidents on the road today. According to a report from Crash Forensics, truck underride collisions represent approximately one-quarter of the fatalities in accidents involving trucks. Due to the nature of underride accidents, even slow-speed collisions can be fatal for passenger-vehicle occupants. Truck underride collisions occur when a passenger vehicle crashes into a semi-truck trailer or a straight truck, resulting in the passenger vehicle running under the truck or trailer. Crashes, where the passenger vehicle passes under the truck or trailer, can often result in the car roof being sheared off, sometimes with fatal results. A recently published news article described such a crash in St. Johns County, Florida.

According to the news article, an 84-year-old man from St. Johns was killed Tuesday morning in an underride collision with a semi-truck and trailer. The accident occurred early in the morning of Tuesday, February 21, around 6:30 am. The crash happened on U.S. 1 at Pine Island Road, according to the Florida Highway Patrol, leaving all southbound lanes blocked on U.S. 1 for hours. According to the Florida Highway Patrol report, the man’s car drove under the side of a semi that was heading across the southbound lanes of US 1, attempting to cross the center median break to turn left onto northbound US 1. The car driver died at the scene, and the 26-year-old truck operator was unhurt. According to the report, both drivers were wearing their seatbelts.

Comparative negligence is the legal concept that parties in an accident are assigned the percentage of fault that they were responsible for in the accident. Under the pure comparative negligence theory, an accident victim can recover money from an equally or less negligent party. Under Florida law, accident victims can recover compensation from the other party, even if the victim is partially at fault, including fault that exceeds 51%. In practice, this means that even if the victim is found to be mostly at fault for an accident during a trial, they can still seek compensation for personal damages from the other party. If the claim is successful, the total damages awarded will be reduced by the victim’s percentage of fault. Although establishing fault in a car accident may seem straightforward, many factors could impact a victim’s recovery. An attorney can help accident victims at all stages of the claims process, including helping to gather evidence, leading settlement negotiations, litigating, and appealing.

Florida Appeals Court Dismisses Pro Se Medical Negligence Case Due to Statute of Limitation Issue

Published on: March 10, 2023 | by Friedman Rodman Frank & Estrada, P.A.

In a recent case, the Fifth District Court of Appeals in Florida issued an opinion in an appeal involving a medical negligence complaint between a pro se appellant, the plaintiff, and the appellee, South Lake Hospital, Inc. (South Lake). The plaintiff later amended her complaint to include two employees of South Lake. The plaintiff filed a pro se complaint for negligence against South Lake following a car accident she experienced in 2016 and a subsequent misdiagnosis of injury by the South Lake emergency room staff. The trial court made a final order dismissing with prejudice the plaintiff’s amended complaint for damages against South Lake

On March 27, 2016, the plaintiff was involved in an automobile accident that resulted in excruciating back pain and visible bruising on the left side of her chest. She was transported from the site of the accident to South Lake’s emergency room. The plaintiff would later allege that in the emergency room, after around two hours, she was discharged after being told that her pain was due to arthritis. The plaintiff then sought medical treatment three days later at a different medical facility, where according to her, it was discovered that she had sustained numerous fractures in her back.

In February 2020, the plaintiff filed a pro se complaint against South Lake. South Lake moved to dismiss the complaint, and following a hearing on the motion, the plaintiff was given leave by the court to file an amended complaint. In December 2021, the plaintiff filed an amended complaint, adding an emergency medicine physician and a diagnostic radiologist as parties to the suit, asserting that both were employed by South Lake “when the negligence occurred.” Following a brief, the trial court dismissed all of the plaintiff’s actions “based upon expiration of the statute of limitations.”

Appellate Court Decides Not to Invoke Florida’s Dangerous Instrumentality Doctrine

Published on: February 28, 2023 | by Friedman Rodman Frank & Estrada, P.A.

In a recent opinion from the Third District Court of Appeal for the State of Florida, a plaintiff appealed his claims after he was denied damages in a suit relating to his sustained injuries from a heavy object being dropped onto his foot. The plaintiff attempted to hold Sunbelt, the loader’s owner, directly liable for his injuries. The complaint alleged that Sunbelt should be held liable for its negligent failure to require that the operators of its loaders be properly trained and should be vicariously liable for the defendant’s alleged negligent operation of the loader under Florida’s dangerous instrumentality doctrine. The trial court sided against the plaintiff, which led the plaintiff to appeal.

In this case, the defendant is a licensed contractor who was hired for a clean-up job on private property. The plaintiff accompanied the defendant to the clean-up site and assisted the defendant with cleaning the debris. There were ramps placed inside a bucket attachment that the defendant brought to the cleanup site. After all of the debris was collected, the defendant directed the plaintiff to retrieve the ramps so that the defendant could drive the loader back onto the trailer. The defendant picked up the bucket attachment using the loader’s grapple and drove the loaders toward the trailer. The loader came to a complete stop, and the plaintiff approached the loader on foot and reached into the bucket attachment to retrieve the ramps from within the bucket. While doing so, the loader lurched forward unexpectedly, slipped from his grip, fell on his foot, and amputated two of his toes.

Florida’s dangerous instrumentality doctrine imposes strict vicarious liability on the owner of a motor vehicle who voluntarily entrusts that motor vehicle to an individual whose negligent operation causes harm to another. Under this doctrine, an owner who entrusts another to operate the motor vehicle has an obligation to ensure that the vehicle is operated safely. There is an exception to the doctrine, where the person entrusted with the vehicle injures another while both persons are using the vehicle. If this exception applies, the vehicle’s owner cannot be held vicariously liable for the negligent operation of the vehicle. The exception applies when the individuals are “jointly operating and controlling the movement of the vehicle with common purpose and community interest of enterprise, with equal right to control and direct the conduct of each other.”

Florida Nursing Home Administrator on Trial After Nine Deaths

Published on: February 28, 2023 | by Friedman Rodman Frank & Estrada, P.A.

According to a recent report, a Florida nursing home administrator was charged with causing the overheating deaths of nine patients after Hurricane Irma in 2017. The deaths began occurring three days after Hurricane Irma knocked out a transformer that powered the cooling system. The victims ranged in age from 57 to 99 and had body temperatures of up to 108 degrees. The trial for this case started recently, and the prosecutor alleges that the administrator failed to give adequate direction to his staff after power to the facility’s air conditioning system was lost. It is alleged that the administrator failed to order the evacuation of patients to a hospital across the street that had working air conditioning.

In order for the administrator to be found guilty of manslaughter, Florida law requires that prosecutors prove that the administrator acted recklessly, and showed gross and careless disregard for his patients’ safety. The administrator could face 15 years in prison if convicted. The administrator was originally charged with 12 deaths, but three of the cases were dropped. Three employees who were previously charged but had their charges dropped will be testifying against the administrator during the trial. According to allegations, the administrator directed his staff to buy fans and had portable AC units installed, but instead of making the temperatures better, it made the temperatures on the second floor where the death occurred worse.

The defense attorney has argued that the administrator did everything in his power to protect his patients, including having staff notify Florida Power & Light about the situation immediately after the power went down, and updating the company several times over the next two days. According to the defense counsel, the power company did not send a crew until there were news reports about patients dying. The problem ultimately took 10 minutes to fix. According to a state report, before the storm hit, the administrator and his staff began to prepare by purchasing extra food and water and fuel for the generator. Additionally, once the air conditioner failed, the administrator and staff called the power company, but no one came to help. They then proceeded to call the then-Governoer Rick Scott’s cellphone and city officials, which still did not turn up any results.

Eight People Hurt in Florida Slow-Moving Vehicle Crash

Published on: February 21, 2023 | by Friedman Rodman Frank & Estrada, P.A.

Although contemporary cars are manufactured based on strict safety standards, accidents due to mechanical failure or malfunction can still cause major or fatal injuries. While it is always important to maintain all parts of your motor vehicle, certain mechanical failures are more common than others. According to the National Highway Traffic Safety Administration, brakes are responsible for 22% of car accidents due to mechanical failure. There are several different ways that car brakes can contribute to accidents, including faulty or worn brake lines, antilock brake system malfunctions, or worn-out brake pads and discs. Each of these malfunctions or failures compromises brake performance in different ways but has the potential to result in serious automobile crashes. A recently published news report discusses a crash at a Florida auto show.

According to the news report, the accident happened around 9:30 am on Wednesday, February 15, when a “slow-moving” vehicle crashed into the crowd at the Lauderdale Lakes Auto Auction lot. The collision occurred at the South Florida Auto Auction lot at 3500 NW 21 Street when a car began moving through the crowd as an auction was in progress, injuring eight people. According to the law enforcement report, investigators determined that the brakes of the vehicle failed as it was being moved. Officials said that of the eight victims, five were hospitalized with minor injuries, while one refused transportation to the hospital. Nobody died in the crash.

It would serve Florida drivers and passengers well to know what factors can be used when calculating pain and suffering damages following a car accident. These factors include things such as recovery time, the severity of the injury, pain level, type of injury, and magnitude of the crash. These elements are weighed together to help deduce what the appropriate level of compensation should be granted in court following an automobile crash. When it comes to considering evidence and the factors of a lawsuit in a case where the accident was caused by defective or faulty brakes, it can make a lot of sense to speak with an experienced personal injury trial lawyer to learn about the type of evidence needed to prove a claim and how most insurance companies respond to these claims.