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Miami Personal Injury Law Blog

What are the risks older people face in falls?

Anyone can be injured by slipping and falling, especially during winter weather when walkways are often wet and slippery. However, senior citizens are particularly vulnerable to serious injuries or even premature death by slip-and-fall accidents. You may be one of the many retired residents living in Florida, or chances are you have an elderly loved one. Therefore, it’s important for you to understand the dangers and injuries that can result from falling.

According to the Centers for Disease Control and Prevention, one third of those over the age of 65 suffer injuries from falls throughout the United States every year. In 2012, nearly 2.5 million fall-related accidents involving older people were treated in hospital emergency rooms. Most falls among elderly people occur at home, but you can also be injured outside or on public property. Some of the most common injuries you can risk in a fall include broken bones, lacerations or bruises to the head, extremities or spine. Pelvic and hip fractures are particularly dangerous for older people, and many fall-related injuries can result in reduced mobility or the risk of early death.

Trucking industry resists federal driving hour regulations

Motorists are often likely to encounter commercial truck drivers on Florida highways, since large trucks are common on interstates across the U.S. Accidents involving commercial trucks are often devastating to those in smaller vehicles, and truck drivers’ hours may play a part in many of these crashes.

The U.S. Department of Transportation Federal Motor Carrier Safety Administration has enacted new regulations in an attempt to reduce the risk of truck drivers causing fatigue-related accidents. The new rules, which were effective for commercial truck drivers in July 2013, impose a daily driving limit of 11 hours. Additionally, truck drivers are not permitted to drive more than 70 hours in a work week without taking a break of 34 consecutive hours. This rest period must include two full nights. After the 34-hour break, truckers may resume driving.

Woman loses control of car and crashes into Florida day care

When it comes to car accidents, nothing can be more terrifying for parents than a child being in danger. Car crashes have great potential to cause devastating injuries to children, whether they are pedestrians or passengers. Sadly, accidents seriously injure or claim the lives of many children every year in Florida.

In most cases, it is impossible to predict a collision. A recent car crash illustrated how quickly such an accident can occur. On November 14, a woman crashed into a brick wall on the outside of a Miami Lakes day care. During the investigation, authorities said the woman appeared to have lost control of her car, although the reason it happened was unknown.

Preparing for a wrongful death lawsuit

It can be incredibly difficult dealing with a fatal accident that involved one of your loved ones. At Ivan A. Schertzer Law Offices, we understand that the time directly after an accident is both the most crucial window to act in and the most sensitive time for you and fellow loved ones. We will provide you with information that you can use to get through this rough patch.

The first thing to know going into a wrongful death suit is the fact that death may not have needed to come immediately in order for your case to be legitimate. As long as negligence was involved in the accident and your loved one ended up with fatal injuries, you have the basis for a case. Negligent accidents can include car, trucking or boating accidents, motorcycle or pedestrian accidents, or accidents that were the result of negligent security.

What are the risks and safety measures associated with whiplash?

Motorists in Florida may not encounter many of the same snowy and icy weather conditions as other states, but fall and winter weather is still risky in Miami due to heavy rain and tropical storms. When the roads are slick with rain, when traffic is heavy in poor weather or when visibility is reduced due to fog, wind and storms, there is an increased chance that you may get into an accident.

One of the most common accident types in poor weather is the rear-end crash. Many drivers fail to properly estimate the time and distance required to safely stop in bad weather, or they might not see cars in front of them in a storm. As a result, you might see numerous rear-end fender benders this season, or you could end up affected yourself.

Winter season increases danger of falls even in warmer states

Fall and winter are prime times for slip-and-fall accidents. Whether outside the home or at a grocery store or other public place, people risk serious injury by falling when the weather turns wet. Snow and ice are a major concern for colder states, but residents of warmer Florida should not discount the risk of being injured in a winter fall. Tropical areas are known for their sudden, heavy rainfalls and serious storms, which can be just as dangerous as an icy sidewalk.

The National Safety Council says that almost 9 million people visit emergency rooms every year in the U.S. for injuries sustained in falls. As the second-highest cause of accidental death in the country as well as one of the major causes of injury, taking a spill on the pavement is no laughing matter.

Nurses caught on camera abusing elderly nursing home resident

Those who entrust their elderly or disabled relatives to the care of assisted living facilities expect the staff to treat their loved ones in a professional and caring manner. Unfortunately for some residents in Florida nursing homes, the opposite is true instead. While there is nothing to worry about with the majority of caregivers, there are some who abuse and mistreat those under their care. In some cases, this treatment leads to serious illness, injury or even death. The family members of those who have been harmed by negligent or abusive nursing home staff are entitled to seek legal action, including filing a wrongful death case.

Recently, two nurses from a Winter Haven nursing home were charged with battery of a person more than 65 years old, after being caught on camera abusing a 76-year-old resident with dementia. The man’s son had noticed bruises on his father and set up a hidden camera in his room. Over the following days, the nurses were recorded punching the air around the man’s face, kicking or stomping on his legs or feet, and using his hand to slap himself in the head. The chief operating officer of the facility’s management company said that the nurses and four other workers had been suspended without pay during further investigation of the incident.

Man plows into diners outside Miami restaurant

Florida residents can expect beautiful weather to continue throughout fall and into much of the winter, making the state a popular location for off-season vacations or for residents to just get out and enjoy the fresh air. Unfortunately, this also means that there is ample chance for someone to get hurt in a pedestrian accident, during a time when this risk decreases for most other states. Whether walking to school, heading downtown for some window shopping or just taking a stroll near the beach, anyone can get hit by a car as long as they’re walking near traffic.

People don’t even need to be walking to become victims of a pedestrian accident. This was illustrated in a recent crash outside a Miami pizzeria. According to reports, a 66-year-old man lost control of his vehicle and ran into a group of people eating outside the restaurant in early October. Several diners received moderate to serious injuries, including two children. Fortunately, the children’s injuries were mild but another victim was hospitalized in critical condition.

Family tries to find answers to bicyclist’s death

With Florida’s mild weather, drivers can expect to encounter bicyclists sharing the roads throughout the year. There is always a danger for a bicyclist when riding along Miami’s busy streets. For those who are affected by a bicycle accident, there can hardly be a more trying or heartbreaking time than when the person who caused the crash has not yet been found.

This is currently the case for a Miami Gardens family. Last month, their family member was struck and killed by a hit-and-run driver as he rode his bike in the early morning hours. Authorities have surveillance video that they released on October 8, which showed the victim getting off of a bus and starting to ride his bike across an intersection. Just after the man rode away, a black Volkswagen raced past, leading investigators to believe this was the vehicle that hit the bicyclist.

Third week of October focuses on teen driver safety

No parent wants to receive the devastating news that his or her teenager has been seriously injured or killed in an auto accident. Sadly, car accidents are all too common for drivers between the ages of 16 and 19 in Florida and the rest of the country. To help teenagers understand how their driving behaviors not only affect themselves, but also their passengers, their families and others on the road, the third week of October has been designated National Teen Driver Safety Week by Congress.

In 2007, State Farm and The Children’s Hospital of Philadelphia worked together to with Congress to bring the important topic of teenage driving dangers to light. Communities across the country will be participating in school activities and other functions to raise awareness on the many hazards that new and inexperienced teenage drivers face every time they get behind the wheel.

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Law Offices of Ivan A. Schertzer
16211 NE 18th Avenue
North Miami Beach, FL 33162

Phone: 305-940-0007
Toll Free: 800-639-8084
Fax: 305-354-8895
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