Motor Vehicle Accidents

Florida Dram Shop Laws: When Bars Can Be Held Liable For Drunk Driving

May 13, 2019 | by David J. Halberg, Esq.

Professional golfer and Florida resident Tiger Woods and his girlfriend, who manages a restaurant owned by Woods, have been named defendants in a wrongful death lawsuit stemming from the drunk driving death of an employee in December, The Miami Herald reports. Florida drunk driving death lawyer

When drunk driving results in death, there are a number of avenues through which a Florida wrongful death lawyer may seek to establish liability. Typically, this includes the drunk driver, the owner of the car, the host of an underage party and sometimes, the vendor that sold or served the alcohol.

That last one is formally known as a “dram shop lawsuit.” Continue reading

Florida Medical Malpractice Wrongful Death Law Challenged by Family

April 27, 2019 | by David J. Halberg, Esq.

Florida medical malpractice law needs to change. That’s the stance of the surviving family of a U.S. Marine veteran who died after allegedly receiving negligent medical care following a South Florida motorcycle accident. Despite this, the man’s survivors haven’t been able to file a medical malpractice wrongful death lawsuit because of a provision of Florida statute that prevents such claims from being brought by anyone accept for a spouse, minor children or parents of an adult under the age of 25. West Palm Beach medical malpractice lawyer

The specific law in question (which our West Palm Beach wrongful death lawyers can explain has been in place for nearly three decades) is F.S. 768.21. Its effect is that if a person dies as a result of suspected medical malpractice, there will be no recourse if the patient was unmarried, over the age of 25 or had no minor children. It is a law ripe for challenge considering the very same acts of negligence that would underlie a medical malpractice injury lawsuit would be grounds for litigation – if the person lives. There are no available avenues for accountability, however, if that same individual dies as a result of medical negligence.

NBC-5 in West Palm Beach reports the patient in question was a 32-year-old man from Port St. Lucie, a veteran with a fiancee who was helping to raise her 3-year-old daughter, whom he planned to adopt. He was involved in a Florida motorcycle accident. He reportedly hit a deep pothole, swerved to avoid striking a friend’s motorcycle and in so doing put his leg down when he crashed, resulting in a broken leg. Continue reading

Distracted Driving Costs Lives – And It’s Worse Than We Thought

April 20, 2019 | by David J. Halberg, Esq.

Distracted driving leading to South Florida car accidents has long been a serious problem, especially since smartphones have become so ubiquitous. But while government data puts the number of distracted drivers at roughly 660,000 a day, a recent analysis by Zendrive says it’s 100 times worse. The revelation isn’t exactly stunning to our West Palm Beach car accident attorneys, but it’s nonetheless concerning.

In a study of 2 million drivers traversing some 4.5 billion miles of road over the course of the three months, Zendrive (a motorist behavior analytics firm) concluded that:

60 percent of drivers use their phone at least once daily while operating a vehicle.
40 percent of drivers do so every hour.
69 million drivers use their phones every day.

What’s more the number of drivers distracted by smartphones has increased 10 percent in the last year. Most drivers – nearly 9 in 10 – agree distracted driving is a serious issue, but only half admit to engaging in this behavior. In fact, 90 percent consider themselves safe drivers. Analysts determined those considered “heavy phone users” – those who spend three times more than the average – engaged in phone use while driving – spent nearly one-third of their time ignoring the road. Continue reading

South Florida Crash Risk Higher With Ride Shares like Uber, Lyft?

April 15, 2019 | by David J. Halberg, Esq.

From the time they burst onto the traffic landscape, ride share services like Lyft and Uber have been touting their success in driving down the number of drunk drivers and making streets safer. However, Southeast Florida auto accident lawyers are aware of a growing body of evidence suggesting in fact the opposite may be true. South Florida Lyft accident lawyer

In cities throughout Florida – indeed, throughout the country – there is evidence that Uber and Lyft drivers create more danger in cities where they opposite – for a myriad of reasons.

Uber and Lyft accidents in Miami, Fort Lauderdale and West Palm Beach have been mounting, as too has litigation. Both companies offer a maximum $1 million of insurance for bodily injury liability and/or wrongful death caused by rideshare drivers.

Among the factors cited in Uber and Lyft accidents: Continue reading

Worker Alleges Employer Liable For Drunk Driving Accident Leading to Paralysis

March 29, 2019 | by David J. Halberg, Esq.

Drunk driving accidents in Florida claim thousands of lives – 12 percent more than the national average. West Palm Beach injury attorneys know it’s a serious problem especially in South Florida. When it comes to liability, obviously the drunk driver can be held responsible, but there are circumstances under which others can be held responsible too. West Palm Beach drunk driving injury lawyer

For example, there are dram shop liability cases, which in Florida per F.S. 768.125 only includes vendors who served alcohol to individuals who are either under the age of 21 or who are known to be habitually addicted to alcohol. Other states have broader laws for what encompasses liability.

There may even be circumstances when one’s employer can be responsible. For example, some employers have been deemed liable for alcohol-related injuries (primarily drunk driving accidents) if they encourage employees to drink on-the-clock or compel workers to attend after-hours events consuming alcohol with clients, etc. These aren’t always slam-dunk cases, but a recent ruling out of Oregon shows that employers won’t necessarily be automatically entitled to a summary judgment either. Continue reading

Do I Need an Expert to Prove My Florida Car Accident Injury Claim?

February 19, 2019 | by David J. Halberg, Esq.

In any Palm Beach County car accident lawsuit, there are several baseline criteria plaintiffs must meet to prevail. Minimally, they need evidence tending to show the other driver – who owed a duty of reasonable care to other road users – in some way breached this duty (either by violating traffic laws or making a judgment call a reasonable person in his/her same situation most likely would not). They must further show this breach of duty was the cause of the injuries they’re alleging. In some instances, that last part is pretty straightforward. The person wasn’t injured before the crash, now they are and the itemized list of those injuries is clearly documented in medical records and backed by witnesses. West Palm Beach car accident lawyer

However, there are some South Florida car accident cases wherein proving causation is much trickier. There can be disputes over whether defendant’s negligence actually caused the crash as well as whether the crash actually caused plaintiff’s injury. Insurers will seize on whatever excuse they can to dispute causation and avoid paying.

Types of Expert Witnesses Called in a Florida Car Accident Claim

Unlimited Alcohol, Poor Platform Construction, Blamed in Florida Injury Lawsuit

February 6, 2019 | by David J. Halberg, Esq.

Bars, festivals, nightclubs, concerts and cruises are required to use reasonable care in ensuring the safety of patrons – particularly if they are serving substantial or unlimited quantities of alcohol – in order to prevent South Florida injuries and wrongful deaths. South Florida festival injury lawyer

According to The News-Herald, a man filed a Florida injury lawsuit recently alleges a no-limit alcohol policy for unlimited alcohol policies for VIP guests. Among the most dangerous practices: Offering unlimited amounts of “free” alcohol. This, plaintiff alleges, resulted in his falling off the balcony at a Panama City Beach business owner and sustaining serious injury.

Although there was railing on the multi-level platform, there was no railing on the stairs that flanked either side of it. When he was asked by a security employee to sit down on the step, he complied – but lost his balance ended up falling from the stairs, sustaining serious and permanent injury.

Surge in Female Motorcyclists Underscores Gender-Specific Motorcycle Safety Concerns

January 7, 2019 | by David J. Halberg, Esq.

Recent data from the Motorcycle Industry Council reveals more women are operating motorcycles than ever before – and the trend shows no sign of slowing. And while West Palm Beach motorcycle accident lawyers know women tend to be safer riders, there are also some crash injury risks that tend to be specific to/ more common among female operators and passengers.

USA Today reported that in 1998, just 8 percent of motorcycle owners were women. By 2018, that figure more than doubled to 19 percent. The Drive reveals the majority of female motorcycle riders skewed younger, with women comprising 26 percent of Millenial-age riders and 22 percent of Gen Xers. The median age of female motorcyclists is 39, compared to 48 for men. Women appear mostly interested in cruisers (34 percent) followed by scooters (33 percent) and then sport bikes (10 percent). All-female motorcycle clubs have even grown increasingly popular.

Increasing gender equality in motorcycling overall has made the transport mode safer, given MIC’s assertions that female riders are 60 percent more likely to take safety courses and 14 percent more likely to wear a helmet than men and less likely to drive drunk or speed. Further, the more people in general there are on motorcycles, the safer all motorcyclists are because the greater the odds other will look twice, having become accustomed to sharing the road with them.

Types of Injuries Sustained by Women in South Florida Motorcycle Accidents Continue reading

What You Need to Know About Miami New Year’s Eve Drunk Driving Crashes

December 27, 2018 | by David J. Halberg, Esq.

It’s the most wonderful time of the year, but it doesn’t stay that way for long when drunk drivers hit the streets of South Florida over the end-of-year holidays. An although it’s been said many times, many ways, “Stay Sober, or Get Pulled Over.”

Miami drunk driving injury attorneys know no matter how many times motorists are warned, there will seemingly inevitably be drunk drivers out on New Year’s Eve and New Year’s Day. drunk driving injury lawyer

We have more drivers of all ages expected on the roads through the end-of-year festivities, with more than a few loaded up on liquid courage and ready to play Russian roulette with their lives on the way to their next destination. If only it was solely their own future with which they were gambling.

Some will become the last among an estimated 34,500 people to die on our roads in 2018. Others will be among the first of 2019. On any given day, seven people die in Florida drunk driving accidents, according to the Florida Highway Patrol. On New Year’s Eve and New Year’s Day, each have an average of 11 drunk driving deaths. (Keep in mind: That doesn’t include the serious injuries that result from these collision too.) The riskiest time on the road December 31st is 6 p.m. to 9 p.m. (when nearly 44 percent of that day’s crashes occur) and on January 1st between midnight and 3 a.m. Jan. 1st (when about 30 percent of the day’s fatal crashes occur).

Police Report Miami Drunk Driving Numbers Down

On the bright side, it does appear appear some drivers are catching on, with Miami-Dade police reporting overall DUI arrests were down 65 percent last year compared to 2014, according to NBC-Miami. The previous running average was about 1,500 DUI arrests a year, last year it dropped to 600 arrests. In the City of Miami, DUI arrests are reportedly down 31 percent. Continue reading

Orlando Car Accident Lawsuit Alleges Tesla Misrepresented Autopilot Feature

November 22, 2018 | by David J. Halberg, Esq.

An Orlando car accident lawsuit alleges vehicle manufacturer Tesla has mislead consumers into believing the autopilot feature of these vehicles is more capable – and safer – than it truly is. Florida car accident attorneys know that while claims against car makers isn’t a new phenomenon, this case could foreshadow what we can expect in the courts when the auto industry is rolling out ever more advanced tech for use on our roads. car accident lawyer Orlando

According to Wired, the autopilot feature was a key reason he opted to buy the Tesla Model S vehicle last year. His daily work commute was 250 miles round trip, most of it on the highway, and he concluded the semi-autonomous driving system would make his life easier. He used the feature on a regular basis, allowing it to keep the car in his lane and avoid other moving vehicles. During his ride, he relaxed, checked his emails, private messages and social media – though he insists he never completely stopped paying attention. Then a few weeks ago, as he was returning home to Winter Garden from his job in Fort Pierce, Autopilot engaged at 80 mph on the Florida Turnpike, something unexpected happened: He crashed. He struck a disabled, empty Ford Fiesta that was abandoned in his lane of travel.

Now his car accident lawsuit, filed in Florida’s Ninth Judicial Circuit, alleges severe permanent injuries, including a fractured vertebrae. In a written statement, a company spokesperson indicated the automaker has no reason to believe the feature somehow failed, stressing that when Autopilot is engaged, it is still the driver’s duty to stay alert to their surroundings and “in control of the vehicle at all times.” The company insists it has never advertised the feature as a fully autonomous system and never promised that Autopilot would make the car crash-free. Prior to using Autopilot for the first time, drivers are required to watch the road and keep their hands on the wheel. If a driver goes more than a few seconds without their hand on the wheel, a warning bell starts to ding. Continue reading