The roads in Miami and throughout Florida can be deadly, especially for those who are not protected by a vehicle of their own. Namely, that includes pedestrians, bicyclists and motorcyclists. Given the way people are driving with reckless abandon and flouting the law and fundamentals for safety, it is no surprise that accidents with injuries and death are on the uptick. To try and improve safety, the Florida Highway Patrol is emphasizing pedestrians and keeping them safe in a new campaign. Pedestrian fatality statistics are worrisome. In 2021, Florida had more than 9,550 auto-pedestrian accidents. This was 17% higher than there were in 2020. In addition, 847 people lost their lives in a pedestrian crash. This too was 17% higher than the prior year. The increase spurred action from law enforcement with reminders on how to remain safe and take reasonable precautions. Among the reminders were making sure to walk on sidewalks, wear clothing that makes them clearly visible and to be attentive. For drivers, yielding to pedestrians when they have the right of way was imperative. Despite these entreaties, there are other problems that pedestrians may be confronted with when they are taking to the road. Among them are distracted driving, speeding, drivers who are under the influence and drowsy drivers. Pedestrians hurt in auto accidents must remember their rights. Although greater vigilance can help reduce the number of auto accidents and some drivers will heed law enforcement warnings as to how much damage they can do when they crash into a pedestrian, others will not. This is especially true in busy areas of the Sunshine State like in Miami where accidents can happen without warning. A person who is simply heading to work could find themselves hospitalized with catastrophic injuries, enormous medical bills and an uncertainty as to when or if they will be able to get back on the job and earn an income. This can negatively impact them and their family. It is important to remember that there are options to recover compensation. It is also wise to know that insurance companies offer settlements that are in their own interests in keeping costs down and this might not cover for all expenses and loss. After a crash, calling experienced professionals who understand all areas of auto accidents – particularly those involving pedestrians – is useful to know what to do.

Restaurants are usually a high-activity, crowded and stressful work environment. Hot stoves, sharp objects and slippery floors are among the conditions that lead to work-related injuries. The most common injuries for restaurant workers , which could underlie claims for workers’ compensation , include: Wounds from cuts, punctures and scrapes Hot surface or oil burns. Muscle strains caused by slips and falls, repetitive motions, standing in the same area for long time periods and lifting heavy objects. Slips and strains are the greatest restaurant injury risk and caused the most missed days of work. Employees who fell and injured several body parts or strained wrists or hands while carrying objects were among the workers who were likely to miss the most work. Wrist and hand injuries caused the most time missed. These injured employees averaged 265 daily absences. Missed days from burn injuries, however, are not far behind. Slip and falls Employers can take many steps to prevent restaurant injuries. First, keeping floors clean is a simple method to reduce injuries. Management should schedule walk-throughs to assure that spills are cleaned up and housekeeping tasks are completed. Also, floors should be deep cleaned occasionally to keep them sufficiently degreased. Anti-slip flooring in kitchen and food preparation areas may reduce slips and falls. Installation and upkeep of non-slip rubber mats or rugs near sinks, preparation and beverage doorways and other high-risk areas may prevent accidents. Non-slip shoes for restaurant workers are also an important precaution. Restaurant workers are also prone to tripping accidents because it is difficult to see clutter while carrying food and drink trays in high traffic areas. Restaurants should tuck away cords, hoses, boxes, buckets, trash, tray stands, chairs and other obstacles. Burns To prevent burns, workers should wear the proper attire. Splatter shields or gauntlets are needed when frying and oven mitts need to be used when handling hot pots and pans. Workers must avoid carrying large food stockpots. Fryer oils have to be changed frequently. Repetition Workers engaged in repetitive tasks for long time periods can strain muscles and suffer fatigue and soreness. Restaurants should spread out food chopping and other repetitive tasks throughout the day and permit workers to take frequent breaks for these duties. Ergonomic workstations and stretching muscles can prevent discomfort. Employees must also learn proper methods for lifting and carrying bulky and heavy items. Two people should lift any object over 50 pounds. Hand trucks and dollies are needed for very heavy objects.

Videos were recently released of an accident involving a car going the wrong way on the Palmetto Expressway in Miami. The accident occurred in late August and resulted in the deaths of five young people. After getting onto the expressway, the driver of an Infiniti sped past several vehicles going in the opposite direction before colliding directly with another car. The driver’s car then flew over several lanes before smashing into a guardrail. Speed and alcohol were factors in the crash. All five drivers in the car that was hit were killed. It is estimated that the Infiniti driver was driving approximately 80 mph at the time of the accident. He was also driving while drunk. The Infiniti driver is facing five counts of vehicular manslaughter — one for each victim — and a charge of DUI manslaughter. His blood alcohol level was measured at 0.152%, which is well over Florida’s legal limit. Car accidents caused by negligent drivers injure and take the lives of many Florida residents each year. Most car accidents are caused by some form of negligence. What is negligence? All drivers have a legal duty to drive safely and reasonably. When a driver does not drive safely and reasonably, and they cause an accident, they are negligent. If you are injured in a car accident , you might face many problems. You may have serious injuries that cause you to miss work or even lose your job. You may receive medical bills for amounts that you are unable to pay. Not all car accident injuries are physical. Many victims suffer years of mental and emotional stress, reliving the frightening moments of the accident. Your options after an accident. Through a personal injury claim, you could receive compensation for both your physical and mental damages after a car accident. Proving negligence in court is a challenge, and the court looks at many different factors. An experienced personal injury attorney can help you file a claim and fight for compensation.

Your job duties may involve a lot of physical labor that leaves you vulnerable to on-the-job injuries. Whether it is a back injury caused by heavy lifting or an accident with heavy machinery, there may come a time when a workplace injury leaves you unable to work and in need of medical care. You may have heard that workers’ compensation benefits are available in such situations. These benefits can cover the costs of your medical treatment and, in some cases, compensate you for the time you are unable to return to work. Your first instinct may be to see your own doctor for this care, but are you allowed to do so and still be eligible for workers’ compensation? Who can I seek treatment from if I’m injured at work? If you are seeking workers’ compensation benefits you must see an authorized physician f or your medical care. This is a physician authorized by your employer and their insurance carrier for the treatment of on-the-job injuries. If you are injured while at work, you should let your employer know of the injury as soon as possible. Your employer will let you know which doctor to seek your initial treatment from. Your employer’s insurance carrier will then advise you on which doctor to seek follow-up care from. If your injury lands you in the emergency room, make sure to give them your employer’s contact information. You do not want to initially see your own primary care provider if you are injured at work. Doing so could jeopardize your eligibility for workers’ compensation benefits. Any physician you see must be authorized by your employer or their insurance carrier. Seek treatment from an authorized physician. One of the primary benefits of workers’ compensation is the payment of medical care . However, you may be limited in which physicians you see. Your primary care provider may not be authorized by your employer or their insurance carrier. Ensuring you see the correct physician is key to ensuring you can collect workers’ compensation benefits.

Understanding key factors about construction worker fall In Florida, many people earn a living working in construction. The work is plentiful and lucrative. Still, there are inherent dangers with this type of work. Trusting co-workers, being around heavy equipment, using difficult tools and being high off the ground are just some of the challenges that must be considered when on a construction site. Falls are the cause of a significant number of catastrophic injuries and death. A recent survey highlighted just how many problematic falls are and why construction workers think they happen. This information could be important not just for safety and avoiding accidents but when there is an accident and a worker is seeking workers’ compensation benefits. Survey suggests why construction falls happen The American Society of Safety Professionals (ASSP) and the Center for Construction Research and Training oversaw a survey to analyze falls on construction sites. According to the analysis, there are six key reasons why falls occur. More than 27% of respondents asserted that there was a failure to do the right type of planning or the plans that were crafted were ineffective and put workers at risk of falling. This is connected to workers not having the right safety equipment to prevent falls. If employers did not adequately plan for the job, workers were 71% less likely to have fall prevention equipment. Almost 49% of those who took part in the survey said there was no fall protection of any kind when falls happened. The employers were deemed responsible for the workplace culture dedicated to safety. If safety was a priority and fall prevention a focus, the likelihood of workers using fall safety equipment was multiplied by eight. If workers are educated in rescues after a fall, the chance of a fatality from a fall was reduced by more than three-quarters. Subcontractors were the most egregious violators of safety practices. A subcontractor employee had almost triple the chance of a fall-related fatality than workers employed by a general contractor. Workers’ compensation claims after a construction accident may require help Construction workers who are on a jobsite in any capacity should be fully aware of their rights if they are injured. Workers’ compensation benefits can cover for lost wages, medical expenses, vocational rehabilitation and more. The process can be complicated and maximizing benefits might be challenging. The insurer could deny the claim or there could be other obstacles to maximizing benefits. For advice with pursuing a claim after a construction fall or any other workplace injury, having professional representation is imperative.

Sleep apnea and commercial trucks: a dangerous combination We all know that traffic accidents can happen virtually anytime. We do what we can to avoid them, by paying attention and driving safely, but there’s not much you can do about other drivers. Commercial trucks can be particularly dangerous due to their size and it may not be inattention that causes the accident. What is sleep apnea? Sleep apnea is a medical disorder that interferes with a person’s ability to sleep. Throughout any given night, someone afflicted with sleep apnea may have their sleep interrupted as many as 400 times. This occurs because their breathing pauses uncontrollably, for as much as 10 seconds at a time. It’s estimated that nearly a third of commercial truck drivers may suffer from sleep apnea – many of whom may be undiagnosed and untreated. If it’s not properly treated, the result is insufficient sleep and a lack of quality sleep. This then leads to drowsy driving, poor attention at the wheel and slower reaction times. There’s more to it than the driver When a commercial truck driver is negligent and injures you in an accident, it’s easy to lay the blame squarely on their shoulders. After all, if they suffer from sleep apnea, it is their responsibility to ensure they are safe to drive before they get behind the wheel. But the company they work for can also play a role, requiring the driver to work long hours and failing to give them sufficient time to rest. In order to hold those responsible accountable for your injuries, a personal injury lawsuit may be your best option. But it will require the assistance of an attorney who is experienced in commercial trucking accidents to investigate the accident – discovering the underlying cause and who holds the blame for your suffering.

Can you sue a bar after being injured by a drunk driver? Recovering from a serious car accident can take time, effort, and a lot of money. You might be forced to endure a significant amount of pain and suffering, too, which can be completely overwhelming. You might be left struggling to figure out how to provide for your family, secure the medical treatment that you need, and put your mind at ease. Although you might be able to recover compensation from the negligent driver who caused the wreck, sometimes these individuals simply aren’t able to pay for the full extent of the damages that they have caused you. That’s why you need to consider against whom else you can file a claim. Florida’s dram shop liability law If your injuries were caused by someone else’s drunk driving, you might be able to hold the establishment who served alcoholic beverages to that driver liable under Florida’s dram shop law . However, Florida’s law is not as broad as many other state laws on this issue. Whereas many states allow you to seek compensation from an establishment if it served alcohol to a customer who was visibly intoxicated and that driver subsequently caused an accident, Florida only allows you to hold the establishment liable if you can show that it served an individual who it knew was addicted to alcohol. This also means that you can’t sue an individual who served alcohol at a private function for the negligent driving of an intoxicated driver. This might seem unfair, especially if the person who caused the wreck continued to be served alcohol well after the point of intoxication, but that’s the state of the law. Proving a dram shop case As you can see, the restrictive nature of Florida’s dram shop law can make it difficult to succeed on a claim against an establishment. But it’s not impossible. You’re just going to have to put in a lot of work to try to show that the establishment either knew or should have known that the individual who caused the accident was habitually addicted to alcohol consumption. You may be able to show this by obtaining records and surveillance footage from the establishment over a significant period of time, showing that the driver who caused your accident was a regular at the establishment and regularly drank to the point of intoxication at the establishment in question. However, if your accident was caused by an intoxicated driver who is under the age of 21, you can prove your dram shop case simply by showing that the establishment served a minor. That’s a much easier hurdle to clear, which you again may be able to demonstrate through alcohol purchase receipts, recordings from the establishment and witness testimony. Pursuing your dram shop case Keep in mind that there are time limits on when you can bring a dram shop liability claim. That means that you can’t sit on the sidelines too long, otherwise you’ll miss your opportunity to potentially recover the compensation that you need and deserve. With that said, we know navigating your claim can present a whole host of challenges. But that’s why law firms like ours are here to help. You’ve been cheated out of your normal life for far too long, and personal injury attorneys want to try to make that right. So, if you want an aggressive advocate on your side who is willing to go toe-to-toe against those who have caused you harm, now is the time to reach out to learn more about how to prepare your personal injury case.

In Florida, drivers share the road every day with irresponsible drivers who tailgate, make frequent lane changes, speed, or engage in other reckless driving behaviors. Accidents that result from such driving habits can range from fender benders to cataclysmic injury or death. Although it may appear obvious that the other driver’s habits or traffic violations caused the accident, it is not so easy to prove that their actions make them liable in a personal injury suit. For Miami residents who have suffered injury or loss due to another driver’s negligent behavior, it is important to know where to turn to receive compassionate legal advocacy as they pursue just compensation. Proving liability, finding responsible parties When the victim of a motor vehicle accident pursues a claim, it will be for financial compensation in civil court. The standard of proof for a successful civil claim is lower than for a criminal proceeding, as the plaintiff only has to prove the defendant’s negligence with a preponderance of the evidence. In a criminal case, the prosecution must prove guilt beyond a reasonable doubt. In cases where the police report shows that the other driver broke the law, separate criminal charges may lead to a conviction, which would strengthen a civil claim. For this reason, it is often wise to await the outcome of the concurrent criminal case before filing a personal injury claim. When reviewing the merits of a civil claim, attorneys will assess several factors in determining who will be the defendants and the amount of compensation the plaintiff will seek. The evidence needed to establish cause in a reckless driving case will include: The details of the police report that may establish traffic violations such as speeding, driving on the shoulder, weaving through traffic, or driving while impaired. The injured party’s statement. The nature of the bodily damage to the vehicles, including the area of impact, the severity of damages, skid marks, broken glass and the distance of the impacted vehicle from the point of impact. Witness testimony. Extent of injuries to the victims. Other responsible parties may share liability for the accident. For example, an employer whose driver was driving a company vehicle while working may share liability, and alcohol vendors may bear responsibility for allowing an intoxicated client to get behind the wheel. Negligence laws in Florida Under Florida law , the theory of comparative negligence applies in civil cases, in which the amount of responsibility that the injured party bears for causing the accident reduces the award they may claim by that same percentage. The statute of limitations for filing a claim is typically four years.

Dogs are friendly, funny creatures that worm their way into our hearts. Many dog owners in Florida would never expect their pet to act violently and bite someone, but they might. It does not matter how big the dog is or what breed the dog is. Any dog who feels threatened can lash out and bite someone. Dog attacks can cause serious injuries. Dog bite victims will want to educate themselves on dog bite laws in Florida . Dog bite laws in Florida A dog owner may be responsible if their dog bites someone under the following circumstances. First, the dog-bite victim must lawfully be in a public place or a private place. Second, it does not matter if the dog acted viciously in the past, or whether the dog owner knew their pet might be vicious. Dog owners can place a “Bad Dog” sign on their premises. However, if the bite is proximately caused by the negligence of the dog owner, the dog owner may be held liable for the dog bite. Take action if you are bitten by a dog Dog bites can cause devastating injuries. Dog bites can cause lacerations, broken bones and permanent scarring. Moreover, they can cause severe emotional distress. You should never have to suffer from a life-long fear of dogs. Moreover, you should not be left to pay the bills for the medical care that results from a dog bite. If you have been bitten by a dog, you will want to make sure you know whether you can hold the dog owner responsible for the injuries you suffered.