Although a patrol sergeant argued with the lieutenant not to re-open the stretch, the lieutenant reportedly thought that keeping the highway closed would be dangerous. Of course, after the highway was re-opened, about 12 cars, a van, multiple pickup trucks, semitrailer trucks and a motorhome collided in six different fatal motor vehicle accidents.
]]> Eighteen victims were also hospitalized with injuries.The Florida Forest Service and the Department of Transportation had supported the lieutenant's decision to re-open the highway.
The Florida Department of Law Enforcement has now cited the Highway Patrol for not having guidelines for these types of situations, and for poor trooper communication. The Highway Patrol has been asked to clarify procedures and adopt protocols as well as improve roadway signage that warns travelers about any hazards.
Although the troopers made critical errors, no criminal charges have been filed.
In some fatal car accident cases or injury cases, although criminal charges may not be filed, it is still possible for victims and their families to pursue a wrongful death or personal injury claim. These civil claims allow the negligent parties to be held accountable for their roles in the accident. Personal injury and wrongful death litigation can also provide compensation for medical and funeral expenses as well as other related damages. Such claims of course cannot turn back the hands of time, but they can help families begin to put the pieces back together.
Source: Associated Press, "Report: Florida troopers erred before Jan. crashes," Brendan Farrington, April 26, 2012
]]>A level 1 trauma center must meet certain requirements, whether in Broward County or anywhere else. For example, they must have a certain number of surgeons and other medical specialists in the facility on duty 24 hours a day. The study, which took place in Australia, found that of 5,000 seriously injured patients who were treated in trauma centers, those who were treated in a level 1 center were less severely disabled one year later. In fact, those treated at the level 1 center were 22 percent more likely to have a better recovery than those who were treated at other hospitals.
]]> The study involved patients in Victoria who had been in a motorcycle or car accident, or had fallen and suffered a head, chest or spinal cord injury.Similar studies have been performed in the U.S., reaching similar results, and trauma care is generally considered as a best practice in medicine. However, in the U.S. more than 45 million people live at least an hour away from a level 1 or level 11 trauma center.
Nonetheless, this evidence reveals opportunities for medical care in the U.S. It also demonstrates the importance of receiving medical care promptly after any traumatic accident. Of course, medical care is expensive, but it is very important. In cases where another party's negligence contributed to your accident, you may be able to recover compensation for the financial costs associated with your injuries.
Source: Reuters, "High-level trauma care may limit disability," Amy Norton, May 5, 2012
]]>One such accident occurred this past week in Broward County after the driver of an SUV collided with a second vehicle driven by a 36-year-old man from Fort Lauderdale. When the first vehicle collided with the second, it sent the 36-year-old's vehicle careening into the path of yet another third vehicle. The third vehicle was a Honda CR-V being driven by a 20-year-old woman who paid for the crash with her life.
]]> The accident occurred on Interstate 595. When the chain-reaction ended and the dust settled, police determined that the 20-year-old woman had been ejected from her vehicle during the collision. The woman did not survive the injuries she suffered when she was thrown from her vehicle and was pronounced dead at the scene.At this point the identity of the driver of the first vehicle remains unknown. Police know that it was a small, dark SUV that received heavy damage to the front of the vehicle.
The time after a hit-and-run accident occurs can be especially difficult for victims and their families as they seek answers to the question "why." Law enforcement officials work hard to discover the identity of hit-and-run drivers, their efforts often proving successful. When they do, a personal injury or wrongful death lawsuit can help families move forward and hold reckless drivers responsible for the damage they cause.
Source: The Miami Herald, "Four dead in South Florida crashes," Monique O. Madan, April 26, 2012
]]>New technology allows vehicle-to-vehicle communication that has the potential to prevent up to 80 percent of motor vehicle collisions, according to the NHTSA. Systems that allow vehicles to warn each other about lane departures and pending collisions are currently being developed by automakers and government agencies, and the NHTSA said this week that these technologies have great potential.
]]> The technologies will hopefully be available one day as standard equipment in affordable vehicles, according to the NHTSA. Communication technology is just one of the NHTSA's initiatives aimed at curbing auto accidents.The NHTSA's additional priorities are to improve rear visibility in cars as well as encourage states to ban texting while driving. Thirty-eight states already have such bans. The NHTSA is also working on technologies that would prevent drunk driving as well as turn more and more of the driving role over to the car itself. Much still needs to be explored as far as the feasibility of these self-driving cars though.
While the NHTSA continues efforts to prevent car accidents, it is important for each driver to do his or her part as well. Car accidents are often caused by one form of negligence or another. It is important for drivers to drive responsibly to avoid injury to both themselves and others.
Source: Detroit Free Press, "NHTSA: If cars communicate, 80% of crashes can be avoided," David Strickland, April 27, 2012
]]>Rather, the injured party may file a workers' compensation claim. If, however, the worker was injured because of another third-party's negligence, he or she may also file a liability lawsuit. This can be the case if an accident involved defective machinery or a negligent property owner. Earlier this month, a widow of a man who was killed when he was struck by lightning on the job at a construction site filed a liability lawsuit.
]]> The workplace accident took place in New Jersey. The man was killed when a lightning bolt hit an 800 foot tower crane near him. Two other workers were also injured in the lightning strike and they have also filed personal injury lawsuits.The lawsuits are targeted against the construction company as the widow and the two surviving workers think the job should have been called off because of the storms. It is unclear whether the construction company was the direct employer of these three men.
While in Florida injured workers generally cannot sue their employer even if the employer is at fault, wrongful death may sometimes be an exception. While there exists a high threshold, when an employee dies of certain work-related injuries, the deceased worker's family may sue the employer in some cases if the family believes the death occurred due to the employer's actions.
However, it is not clear if the construction company was the direct employer of these three men. Liability lawsuits can be filed against subcontractors and property owners in Florida. Because of complicated workers' compensation and third-party liability laws, those who are injured on the job, and family members of those killed in workplace accidents, are wise to discuss the accident with a workplace injuries attorney.
Source: NBC 10 Philadelphia, "Lawsuit filed in lightning strike death," Lauren DiSanto, Ted Greenberg, April 4, 2012
]]>According to a study recently published in the Journal of the American Medical Association, your risk of getting in a fatal car accident increases on Tax Day, which is April 17 this year. The study found that nationwide an average of 13 more traffic deaths take place on Tax Day compared with other days. That is nearly a 6 percent increase.
]]> The study was performed by the Sunnybrook Research Institute in Toronto. Researchers looked at 30 years worth of U.S. highway data for the study. The results show an uptick that is similar to that seen on Super Bowl Sunday and on May 20, which is attributed to prom season.It is not exactly clear why more fatal accidents take place on Tax Day than other April days. Researchers speculate that it may have to do with the stress of the tax deadline, and others think that people may be drinking more on Tax Day. However, the increase in fatalities was during the day rather than at night when it is more likely that people are drinking.
Whatever the reason, this may serve as a reminder to some not to procrastinate and to file their taxes a bit earlier. For others, it should be a reminder not to let stress get in the way of driving safe. It is of the utmost importance to put safety first and drive responsibly, not negligently, regardless of what day it is and what deadlines are looming.
Source: NPR, "Drive On Tax Day At Your Own Risk," Scott Hensley, April 11, 2011
]]>News has now surfaced that the 34-year-old driver may have been drunk at the time of this terrible accident. According to several news reports, the woman was having a drink at a nearby restaurant before she got in the car, losing control of it and slamming into the cabana in the fatal accident.
]]> The driver apparently told officers after the crash that she had a martini and appetizers at a restaurant, and that she left before finishing her drink because she got into an argument with her husband. Her blood test results have not been released, but police have said there is reason to believe she was under the influence of alcohol and/or drugs at the time of the crash.Witnesses have also said the woman appeared to be driving faster than 25 mph, which is the speed limit on that road.
When negligence leads to injuries or death, the injured party or his or her surviving family may pursue civil litigation in order to recover damages. This is a way for bereaved family members to hold the negligent party accountable, in addition to any criminal prosecution, as well as to recover money for funeral expenses, and other related financial effects of the accident.
Source: Huffington Post, "Pregnant Tourist Alanna DeMella's Death At Riverside Hotel May Be DUI Case," April 3, 2012
]]>Currently, Florida statutes require breath-test ignition interlock devices to be installed into the vehicles of certain people who are convicted of DUI. The ignition interlock device renders the car unable to start if it detects a certain level of alcohol on the driver's breath. The ongoing research will determine whether it is feasible to demand automakers to install similar devices into all vehicles as standard equipment.
]]> Researchers are studying technologies that are a bit more advanced than the breath tests that are included in DUI-related ignition interlock cars. At least two technologies--tissue spectrometry and distant spectrometry--are being tested. The tissue spectrometry device would involve some sort of a touchpad that would be able to detect alcohol in human tissue. The distant spectrometry would be a system of sensors installed throughout the cabin to read alcohol on the driver's breath. According to news reports, the system would be intelligent enough to determine whether it is the driver's or the passenger's breath it is testing.Critics of the research say that the blood alcohol level measuring systems will not be 100 percent effective, and will therefore become a hassle by failing to allow people that are within the legal limit to drive.
Proponents agree that whichever technology is developed may not be completely accurate all of the time, but they say that it is worth shutting out a few sober drivers from time to time in order to keep drunk drivers off of the roads.
Of course, time will tell whether these programs will be implemented in South Florida.
Source: LA Times, "Should future cars curb drunk drivers?" Dan Turner, March 28, 2012
]]>Of course, spinal cord injuries can have a wide range of effects, encompassing anything from minor discomfort and pain to paralysis. "Locomotive therapy" has been in the news lately for its positive effects on those spinal cord injury patients who have limited mobility. Locomotive therapy is not new, but it is being utilized more and more. The use of this type of exercise therapy became more popular when Christopher Reeve experienced positive results after using such therapy in the aftermath of his 1995 injury.
]]> Locomotive therapy is complicated, but it can be explained as being a type of specialized treadmill exercise. The very difficult exercise is designed to exhaust certain muscles so that they will send signals to the brain to tell it that the spine needs to repair itself so that the body can keep up with this exhaustive exercise. Another goal of the exercise is to get the muscles in shape so that they will be prepared for future types of exercise therapy as they are developed and made available.A life forever altered by a spinal cord injury has many costs. Among them are the financial costs of medical care and treatments such as locomotive therapy. It is important that those who have sustained spinal cord injuries as a result of the negligence of others are able to obtain compensation from any negligent parties in order to compensate for the financial elements of the condition. Spinal cord injury patients should be allowed to focus on recovery efforts free from worries of financial strain.
Source: Scripps News, "New treatments give spinal injury patients hope," Jeremy Olson, March 22, 2012
]]>According to the study, transportation operators are far sleepier than other American employees. Twenty-three percent of pilots and 26 percent of train operators reported that they are not getting enough sleep and the fatigue affects their job performance at least once per week. About 17 percent of Americans who do not work in transportation said poor rest affects their job performance at least once each week.
]]> Fourteen percent of big-rig drivers admitted that they have even made a large mistake or narrowly dodged getting in an accident because they were too tired to be on the road.Many transportation operators said that they have actually gotten into an accident due to fatigue. In fact, 6 percent of train operators and pilots said that being overly sleepy has led to a car accident during their commute to or from work. Only 1 percent of American workers in other fields said that sleepiness caused them to get into a car collision during their commute
Of course, not getting enough sleep can make it hard to do any job. And, it can make it unsafe for any of us to get behind the wheel. Because transportation operators must operate with such a small margin of error, it is very dangerous to the public for these professionals to be going to work without being properly rested and it should not be tolerated.
Source: Washington Times, "Not getting enough rest a problem for operators of planes, trains, trucks," Ben Wolfgang, March 6, 2012
]]>The 70-year-old pedestrian had been walking north near the 2400 block of Davie Boulevard at the time of the fatal accident. A car that was eastbound struck the woman, and while she was on the ground another car ran over her. The driver of the first car remained at the scene, but the driver of the second car got out of his car and looked at the woman, and then got back in his car and drove away.
]]> It is unclear how the first car hit the woman, and whether that car may have disobeyed any traffic signals.The woman was a wife, mother of four and grandmother of 10. She was pronounced dead on the scene of the accidents. It was not clear in the reports which of the two cars fatally injured the woman.
The first driver could face criminal charges and civil litigation if a negligent action on his or her part contributed to this horrific incident. The second driver, even if he did not break any traffic laws in hitting the woman, did break laws by failing to stop at the scene of the accident to render aid and wait for authorities.
Family members of victims who die in car accidents can file wrongful death litigation in order to hold the negligent driver responsible and obtain compensation for funeral expenses, lost income and pain and suffering.
Source: CBS Miami, "Driver Sought in Fatal Ft. Lauderdale Hit & Run Accident," March 3, 2012
]]>According to news reports, the woman's job including treating horses in a hyperbaric chamber, which helps conditions like tendonitis, sinus infections, colic, laminitis and bleeding. The woman was in a nearby room observing a video of a horse inside the chamber, when the chamber exploded.
]]> It blew off the roof and a wall, killing the worker as well as the horse.There was no information in the report about what may have caused this tragic accident. It is unclear whether there may have been maintenance or manufacturing issues with equipment in the chamber.
When someone dies in a workplace accident in Florida, his or her survivors are usually eligible to receive workers' compensation benefits in order to accommodate for any funeral and medical expenses as well as lost income. Workers' compensation is a no-fault system--meaning that negligence on the part of the employer or employee will not be considered when awarding workers' compensation benefits.
However, if defective machinery, electrical hazards or property owner negligence issues surface, survivors might be entitled to compensation through civil litigation. If negligence took place on the part of any party other than the worker's employer or co-workers, it is possible to hold those parties accountable financially.
Of course, none of this will lessen the emotional anguish associated with such a sudden and tragic loss. Such litigation is, however, useful to mitigate the financial expenses related to the accident as well as provide the survivors with a small sense of justice bring served.
Source: Western Daily Press, "Blast kills graduate," Feb. 17, 2012
]]>These unusually long dogs will be a part of a study on a new spinal cord injury treatment at Texas A&M University. There are no effective treatments available for the short-legged, long-backed dog breeds, which are frequently left paralyzed by spontaneous disc ruptures that damage their spinal cords.
]]> The study has big implications for human patients as well. The treatment would be primarily used as a preventative measure, but is also an important step towards reparative therapies.Spinal cord injuries can have a range of effects, from minor discomfort to paralysis. People who have spinal cord injuries could have been hurt in a variety of ways, from a car crash to an on-the-job accident. About 265,000 people in the United States suffer from spinal cord injuries. These types of chronic injuries can also be very expensive to treat and can prevent people from working in some cases.
The new treatment would inhibit an inflammation reaction that causes additional damage after a disc ruptures. While the study is being done at the veterinary school, it is part of a growing number of collaborations between veterinary researchers and human medical researches aimed at finding benefits for both types of patients. This study has received a large grant from the Department of Defense, in hopes that it will one day be useful for military personnel.
Source: Sun Times, "Treating dog's spinal cord injuries could help humans, too," Feb. 6, 2012.
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