South Florida Injury Lawyer Blog

Florida School Bus Injuries: What to Expect in Pursuing a Claim

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

Although both municipal and school buses are relatively safe forms of travel, school bus injuries often spike at the beginning of each school year. It’s important for parents to understand the unique challenges of filing these cases, how fault is determined and what to expect. school bus accident lawyer

Recently, a teen driver was cited in a Lehigh Acres school bus accident when he struck a bus on the very first day of school, resulting in injuries to a second grader. According to the Associated Press, the teen allegedly ran a stop sign, slamming the bus and pushing it into a ditch. An 8-year-old was taken to the hospital with minor injuries and the bus driver was hurt as well. Five students were on board at the time of the accident, with four of those wearing a seat belt.

Although every accident is different, there are some unique factors that more frequently play into causation of bus accidents and exacerbation of injuries to occupants and pedestrians. These include:

Frequent stops;
Bus drivers who are fatigued;
Improperly-maintained buses;
Frequent stops;
Child pedestrians interacting with traffic;
Lack of child occupant restraints (seat belts) on many buses;
Higher-than-average rollover risk.

Lawsuit: Car’s Autopilot Didn’t Prevent Fatal Florida Truck Crash

August 2, 2019 | by David J. Halberg, Esq.

A Palm Beach County wrongful death lawsuit is the second in three months against automaker Tesla Inc. involving its driver-assisted Autopilot feature – one that plaintiffs say give drivers a false sense of security and fail to live up to the express and implied promises made to consumers. truck accident lawyer

According to Insurance Journal, plaintiffs in Banner v. Tesla allege the 50-year-old driver of a Tesla sedan was killed in March when the vehicle, using the Autopilot feature as advertised, failed to steer or brake in order to avoid striking a semi-tractor trailer that had run a stop sign on a South Florida highway.

The system had been engaged for at least 10 seconds prior to the crash. His survivors say the vehicle manufacturer is and has been aware that the system was defective, yet continued to sell it anyway. They are also suing the driver of that semi-truck for negligence in causing the truck accident. Continue reading

Trucking Safety Rules Poised to Relax Despite Florida Truck Crash Concerns

July 31, 2019 | by David J. Halberg, Esq.

Amid concerns that large trucks driven by tired operators pose a greater-than-ever risk to Florida motorists, federal officials are contemplating loosening existing rules. As our West Palm Beach truck accident lawyers well know, driver fatigue is cited in hundreds of the thousands of deadly truck crashes each year. truck accident attorney

Despite the Federal Motor Carrier Safety Carrier’s implementation of many new rules and regulations pertaining to trucking rules and regulation – including Hours of Service rules designed to reduce drowsy driver accidents, there has been a 20 percent jump in the number of commercial truck crashes over the last 10 years.

Rules such as those for Hours of Service and mandated electronic logging devices (ELD) were introduced to curb the practices of so many trucking carriers that reward drivers based not only the amount of time they drive, but rather on the miles driven. Many industries truck drivers to push the envelope to make their living. Continue reading

Do I Have Grounds for a Personal Injury Claim for a Florida Car Accident?

July 25, 2019 | by David J. Halberg, Esq.

Most of us have been in a car accident at some point or another. (If you haven’t, consider yourself lucky – or due for one soon, statistically speaking; car insurance companies estimate every driver files a claim about once ever 17 years.) If you have been in a crash, you may have been asked more than once whether you plan to sue. car accident lawyer

When it comes to auto accidents, Florida is a no-fault state. What that means is that rather than pursuing a claim against the driver who was at-fault, it’s your own auto insurance company that is responsible for compensating you after the crash. This falls under the provision of state law (specifically F.S. 627.736) regarding personal injury protection insurance (or PIP). However, this only covers up to $10,000 in medical and disability expenses and only $5,000 in death benefits.

If you’re injured to the point you are required to take more than few weeks off work, have lasting disabilities or are disfigured, this won’t be nearly enough. Yet it is only if one meets the serious injury threshold, as outlined in F.S. 627.727 that he/she may step outside the no-fault system to claim damages from the at-fault driver (or his/her own uninsured/underinsured motorist coverage). Continue reading

Failure to Treat Preeclampsia Results in $230M Medical Malpractice Verdict

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

A renowned hospital in Baltimore has been ordered to pay $230 million for allegedly causing a severe birth injury, according to plaintiffs. Medical malpractice attorneys understand this case involved failure to abide the standard of care for that profession, allegedly causing severe birth injury. birth injury attorney

The verdict includes:

$3.6 million in prior medical expenses;
$1 million in lost earnings
$25 million in non-economic damages (pain and suffering, loss of consortium, etc.)
$200 million in future damages

In Byrom v. Johns Hopkins Bayview stemmed from allegations that doctors and nurses at the hospital gave the child’s 16-year-old mother inaccurate information about the seriousness of the outcome after she was diagnosed with preeclampsia. This, plaintiff attorneys alleged, resulted in the teen mother’s decision to undergo a vaginal delivery – unmonitored – rather than a C-section she should have undergone. Continue reading

Secure Your Load on the Road to Avoid Penal Code Episode

July 10, 2019 | by David J. Halberg, Esq.

Whether we’re talking about a tractor-trailer or merely the junk in your trunk, failure to properly secure loads to your vehicle is a crime in Florida. That means it has to withstand the wind, railroad tracks, a pothole-pocked roadway – all the common things can loosen those items and turn it into road debris if it isn’t properly strapped down. unsafe trucks

Falling or shifting cargo such as ladders, furniture, tools, tarps and building materials can cause serious South Florida crashes resulting in catastrophic injuries and even death.

AAA reported that over a recent four-year stretch, more than 200,000 crashes were caused by unsecured debris on U.S. roads. These resulted in approximately 39,000 injuries and 500 deaths during that time frame.

Of those incidents:

37 percent of all deaths were caused by drivers swerving to avoid the object, typically overcorrecting and causing the driver to lose control.
One-third occurred between 10 a.m. and 4 p.m. – when many are hauling/moving heavy items like construction equipment or furniture.
Most occurred on Interstate highways, which makes sense given that driving at increased speeds heightens the risk for vehicle parts to become detached.

Florida Medical Malpractice Appeals Lawyer: The Ongoing Fight for Fair Damages

June 30, 2019 | by David J. Halberg, Esq.

Florida medical malpractice appeals attorneys recognize that cases aren’t necessarily over just because the trial is. Even with cases that end in pre-trial settlement, that may not always be the last word. West Palm Beach medical malpractice lawyer

Although no one on our end is eager to drag matters on longer than necessary (we are paid on a contingency basis, not by the hour), we recognize the importance of appellate courts in ensuring accuracy in the trial courts. Very few cases ever make it to the Florida Supreme Court or the U.S. Supreme Court. Appeals courts do not hear your medical malpractice case all over again, but rather review the issues raised by one or both parties to be sure all laws and legal procedures were fairly applied by the trial court.

Important to note: If your attorney failed to raise important points of contention first to the trial court, the opportunity to present it on appeal may be lost. That’s why carefully choosing an experienced medical malpractice legal team is important. Continue reading

SCOTUS Nixes Punitive Damages for Injuries at Sea Caused by Unseaworthiness

June 24, 2019 | by David J. Halberg, Esq.

The U.S. Supreme Court has ruled punitive damages will no longer be allowed in injury lawsuits asserting vessel unseaworthiness and filed under federal maritime law will no longer be allowed pursuit of punitive damages. boating accident

As our South Florida boating accident injury attorneys can explain, this probably won’t apply to most boating accident torts. It will, however, impact claims filed under the Federal Employers’ Liability Act (FELA) as well as the Jones Act, which pertains specifically to federal maritime law, as well as hundreds of pending asbestos-related injury claims.

(While state workers’ compensation laws bar employee lawsuits against employers for injuries sustained in the course and scope of employment, instead directing them to workers’ comp as an exclusive remedy, injuries suffered at sea are handled differently, under a complex web of federal maritime statutes.)

Congress Advised on Effective Action to Reduce Truck Accidents

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

A coalition of freight and logistics firms recently testified before Congress on the urgent need for improved trucking standards and safety, noting that while large trucks our indispensable to our economy – they’re killing us. truck accident attorney

In the last year reported per federal data, there were 415,000 large truck accidents, within which:

4,761 people died
More than 600 truck drivers were killed
148,000 were injured.

Further, more truckers were killed in 2017 crashes than in any other year in the past decade.

In recent testimony before the House’s Infrastructure Sub-Committee on Highways and Transit. The trucking Alliance spoke at a hearing titled, “Under Pressure – the State of Trucking in America.” Members of the Trucking Alliance in a prepared statement said the greatest pressure on the trucking industry should be on reducing these truck crashes and the deaths and injuries that result. Continue reading

Florida Supreme Court Switches Sides – Again – in Evidence Standards Saga

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

After years of ping-ponging on the issue of evidence admissibility standards in Florida courts – weighing the long-standing, more relaxed Frye test versus the more rigorous Daubert analysis – it seems the Florida Supreme Court has made a final decision. At least for now… West Palm Beach medical malpractice lawyer

For decades, it was Frye. Then in 2013, Daubert. Except not everyone agreed, and for a while, lower courts and lawyers weren’t exactly sure which applied until 2018 when it was definitely Frye. But now, we’re back to Daubert.

As our South Florida injury lawyers can explain, this is going to have a big impact on both criminal and civil cases. Perhaps most significantly in torts, plaintiffs with highly-technical claims requiring expert witness testimony (medical malpractice, product liability, etc.) are likely going to have a much tougher time overcoming the “trial within a trial” hurdle that Daubert presents.

While criminal and civil defense lawyers will be pleased with this change, prosecutors and personal injury lawyers most likely are not. Continue reading