Category Archives: Wrongful Death

e-Cigarettes, Hoverboards & Product Liability

electronic cigarette

Electronic cigarettes (e-Cigarettes) are becoming more popular across the U.S., particularly with young people.  Recent studies have shown a rise in the use of e-cigarettes by high school students.  Additionally, the American Lung Association noted that the use of e-cigarettes is surpassing that of traditional cigarettes.

On the surface, e-cigarettes appear to be safer than traditional cigarettes.  However, a closer look at e-cigarettes shows a dangerous product with increased incidents over the last several months.  Even more concerning is that unlike traditional cigarettes, e-cigarettes have not been regulated by the U.S. Food and Drug Administration (FDA).

e-Cigarette Dangers

To begin with, e-cigarette aerosol is not simply harmless water vapor. E-cigarettes use lithium-ion batteries to deliver liquid nicotine in vapor form.  This liquid may be mixed with other chemicals, flavorings, and coloring agents.  Several of the chemicals found in e-cigarettes are carcinogenic.

Another problem with e-cigarettes is that the active ingredient, nicotine, is unsafe and highly addictive.  Exposure to nicotine during pregnancy harms the  fetus; nicotine use during adolescence is associated with memory and attention deficits.  Secondhand aerosol that is exhaled by e-cigarette users is potentially harmful to the health of others.

In addition, e-cigarettes can overheat or malfunction, causing explosions, fires, and serious injuries.    According to a report from NBC News by Herb Weisbaum, hospitals have seen an increased number of e-cigarette burns, particularly third-degree burns requiring skin grafts.  The article also notes that temperatures below 50 or above 115 degrees can cause the lithium-ion batteries to malfunction, causing the flammable battery parts to explode.  The cheaper e-cigarettes manufactured in China are more likely to have manufacturing defects and greater potential to explode.[1]

Beginning in August, 2016, new FDA regulations will require all e-cigarette manufacturers to begin registering with the FDA.  However, the deadline for registration is 2018 and the 500 brands will continue in the marketplace until the FDA reviews each.  Without full evaluation by the FDA, it’s not clear which chemicals may be used in the nicotine liquid or how e-cigarettes may affect the health of e-cigarette users now or in the long-term.

Hoverboard Injuries

Hoverboards

The problem with lithium-ion batteries is not limited to e-cigarettes.  Poorly designed or malfunctioning lithium-ion batteries or chargers used in hoverboards have also caused numerous explosions, injuring people as well as destroying property.  According to a February 20, 2016 USA Today article, hoverboards have caused over 50 fires in the U.S. with over $2 million in property damage.  [2]

Dangerous e-cigarette, hoverboard, and lithium-ion battery manufacturers need to be held responsible for their negligence. If you or a family member have suffered an injury from an electronic cigarette, a hoverboard, or another defective product, Goldman & Daszkal, P.A.  can help.   The manufacturer can be held liable for injuries and damages and you or your family members may be entitled to compensation.

Goldman & Daszkal, P.A.

Since 1990, Goldman & Daszkal, P.A. has provided reputable legal representation to people throughout Palm Beach, Broward, and Miami-Dade Counties.  The firm has helped thousands of individuals recover compensation from motor vehicle and boating accidents, slip and fall accidents, product defect and liability cases, pharmacy errors, and negligent security cases to cover medical expenses, pay bills, take care of their families, and return to work.  Goldman & Daszkal, P.A. can help you get the relief you need to start living your life again after a serious injury.  For a free and confidential consultation, contact Goldman & Daszkal, P.A., at (954) 428-9333.

[1] http://www.nbcnews.com/business/consumer/what-s-causing-some-e-cigarette-batteries-explode-n533516

[2] http://www.usatoday.com/story/tech/news/2016/02/19/hoverboards-fire-safety-consumer-product-safety-commission-recall-seize-impound/80607978/

Ride Sharing Services – Risks & Rewards

UberLyftjpg“Have you “Uber’d” it home from an evening out yet?” ” Did you check out Lyft yet?” 

Are you missing the ride sharing revolution?

Ride sharing allows passengers to connect with drivers via mobile technology — anytime, anywhere.  Consumers download an app to a smart phone, register with an account, request a ride, and pay online.  Transportation network companies (TNCs) such as Lyft and Uber are quickly gaining market share in the industry previously dominated by taxi cabs.  Using a TNC is simple, convenient and efficient for both riders and drivers.  And, drivers have a new, flexible way to earn income. Ride SharingBut, along with the rewards of ride sharing come a few risks.  Leading the list is lack of complete vehicle insurance coverage.  The most significant risk to both riders and drivers is a potential lack of insurance coverage.  In the case of an accident between the ride sharing vehicle and a vehicle driven by an uninsured or underinsured motorist, which insurance plan, if any, covers the vehicle, drivers and riders?

Both Uber and Lyft provide up to $1 million in liability protection and other insurance benefits.  However, this benefit does not necessarily provide coverage if the vehicle is hit by an uninsured or underinsured driver.

UberLyft Car

According to the National Association of Insurance Commissioners (NAIC), “the largest known TNCs operating in the U.S. only provide contingent liability coverage. If there is an accident, only third parties are covered for limited damages.  Due to coverage gaps with insurance provided by TNCs, you could be left to pay for physical damage to your vehicle and a personal injury in the event of an accident. You could also be on the hook if your vehicle is hit by an uninsured or underinsured driver as TNC insurance does not provide coverage for these situations.

The major TNCs provide primary insurance. Uber and Lyft also offer contingent collision and comprehensive coverage while the driver is actively engaged in a ride; the driver has accepted a ride request or has a passenger in the vehicle. Collision and comprehensive coverage is only available for TNC drivers who have elected to purchase coverage on their personal auto insurance.[1]

In order to help remedy this issue, prior to using ride sharing services, we recommend that consumers (riders) consult with the ride sharing company to ensure that the company verifies the driver’s personal auto insurance coverage, confirms that the company insurance covers the complete trip, and that the company can provide written documentation of liability insurance coverage in case of an accident with an uninsured or underinsured driver.
In order to protect him or herself, the driver should fully understand the insurance policies of the ride share company he or she intends to work with.  The individual should check with his or her personal auto insurance to understand the coverage for transportation of rideshare passengers and upgrade or change the policy if necessary.  In addition, he or she should ask the following questions about the TNC’s commercial insurance policy.[2]

Ride Sharing Insurance

With these answers in hand, riders and drivers can feel more comfortable using the trendy yet thrifty ride sharing services.  

If you know someone working for Uber, Lyft, or another ride sharing service, take a minute to forward this so they can be prepared.  If you have a question about an accident involving a ride sharing vehicle, we can help.  Goldman & Daszkal, P.A.  (954) 428-9333

Goldman & Daszkal, P.A.

Since 1990, Goldman & Daszkal, P.A. has provided reputable legal representation to people throughout Palm Beach, Broward, and Miami-Dade Counties.  The firm has helped thousands of individuals recover compensation from motor vehicle and boating accidents, slip and fall accidents, product defect and liability cases, pharmacy errors, and negligent security cases to cover medical expenses, pay bills, take care of their families, and return to work.  Goldman & Daszkal, P.A. can help you get the relief you need to start living your life again after a serious injury.  For a free and confidential consultation, contact Goldman & Daszkal, P.A., at (954) 428-9333.

 

[1] The National Association of Insurance Commissioners (NAIC)

[2] The National Association of Insurance Commissioners (NAIC)

“M” is for May, Memorial Day, and Motorcycle Safety

When you think of the month of May, you may think of Memorial Day, that special day set aside to commemorate our military who died during active duty.  But this May, after you think about those who bravely served our country, we also urge you to take some time to think about motorcycle safety.

May is Motorcycle Awareness Month 

You probably know that motorcycles are less stable and less visible than passenger vehicles, but did you know that over 13% of all highway fatalities were motorcycle riders?  Yet motorcycles represent only 3% of all registered vehicles on the road![1]   Clearly, motorcycle riders are significantly overrepresented in vehicle accidents and fatalities.

Motorcycle Accidents

Florida Motorcycle Accident Statistics

With the beautiful, warm weather in Florida, motorcycles are especially appealing.  According to the most recent report available from the Florida Department of Highway Safety and Motor Vehicles, motorcycle fatalities accounted for 15% of all highway fatalities in Florida in 2009, even higher than the national average of 13%.[2]  Also higher than the national average, alcohol use played a significant role in Florida motorcycle fatalities in 2009 (the most recent full report available), with 37% of motorcycle fatalities involving alcohol use.[3]  According to the Insurance Institute of Highway Safety, the 2014 national average for alcohol involvement in motorcycle traffic fatalities was 30%.

In addition to the numerous motorcycle fatalities each year in Florida and the rest of the country, thousands of motorcycle riders suffer serious injuries from motorcycle accidents.  Despite the fact that many riders are cautious on the road, they often suffer from accidents caused by other motorists.

Motorcycle riders who were injured in accidents caused by other drivers have the legal right to seek compensation to cover medical costs as well as other related expenses.  These legal claims require an in-depth understanding of personal injury and vehicle traffic safety.  If you have questions about a motorcycle accident, injury, and the law, the experienced personal injury law firm of Goldman & Daszkal, P.A. can answer them.

Motorcycle Accident Prevention

The Highway Patrol offers these few simple tips to help prevent motorcycle accidents:

  • Check traffic from right, left, rear and front before riding through an intersection
  • Keep the motorcycle in the left part of the lane before passing
  • Look ahead to avoid road hazards
  • Maintain a safe following distance

Drivers should also use caution and follow these suggestions:

  • Watch out for motorcyclists hidden by buildings or other vehicles, especially at intersections
  • Use mirrors and head checks when passing to ensure safe passing
  • Maintain a safe following distance

For more tips, check out this related article on Motorcycle Safety:  What You Need to Know Before Going Out on the Road

If you or a loved one was involved in a motorcycle accident, Goldman & Daszkal, P.A. can help.  Contact us at (954) 428-9333 or www.goldmandaszkal.com.

Goldman & Daszkal, P.A.

Since 1990, Goldman & Daszkal, P.A. has provided reputable legal representation to people throughout Palm Beach, Broward, and Miami-Dade Counties.  The firm has helped thousands of individuals recover compensation from motor vehicle and boating accidents, slip and fall accidents, product defect and liability cases, pharmacy errors, and negligent security cases to cover medical expenses, pay bills, take care of their families, and return to work.  Goldman & Daszkal, P.A. can help you get the relief you need to start living your life again after a serious injury.  For a free and confidential consultation, contact Goldman & Daszkal, P.A., at (954) 428-9333.

[1] Insurance Institute of Highway Safety http://www.iihs.org/iihs/topics/t/motorcycles/fatalityfacts/motorcycles; 13% is accurate for both 2009 and 2014.
[2] Florida Department of Highway Safety and Motor Vehicles http://www.flhsmv.gov/html/VulnerableUsersRpts/Motorcycles2010.pdf
[3] Florida Department of Highway Safety and Motor Vehicles http://www.flhsmv.gov/html/VulnerableUsersRpts/Motorcycles2010.pdf

Safety Alert: Natural Gas Leaks

natural gas leak - Underground pipelines transport natural gas and account for nearly 25% of our nation’s energy use.  We use this energy to heat and cool our homes, to cook and clean, as well as to power manufacturing plants throughout the country.[1]

Liquid and gas pipelines are buried underground throughout all 50 states.  Over 2.5 million miles of pipeline exist in the United States, and these pipelines are operated by over 3,000 different companies.  Gas distribution channels make up an underground network, and it’s critical to understand where the pipelines are before ever digging into the ground.  Digging without permission could mean striking a pipeline and causing an explosion.  Before you dig, call 811 or dial 1-888-258-0808 to confirm that there aren’t any pipelines at your location and it’s safe to dig.

According to the Pipeline and Hazardous Materials Safety Administration (PHMSA), there were 701 natural gas pipeline incidents reported in 2015.  The number of annual incidents has increased significantly since the late 1990s, when the number of incidents reached a low of 389.  Even though there have been nearly double the incidents in 2015 as in the late 1990s, the good news is that the number of fatalities and injuries has decreased.

PHMSA Pipeline Incidents: Count (1996-2015) [2] Incident Type: All Reported  System Type: ALL

PHMSA Pipeline Incidents

Data Source: US DOT Pipeline and Hazardous Materials Safety Administration

Although relatively infrequent, natural gas leaks can occur in or around the home.  If you notice any of the following, you should leave the location immediately and dial 911.

  • “Rotten egg” odor which is added to natural gas
  • Hissing sound near appliances
  • Bubbles, mist, or fog near ponds
  • Dirt blowing without wind
  • Dry spots amidst green plants close to gas line markers
  • Flames

If you think there may be a gas leak, do not turn anything on or off, including lights and flashlights.  Stay away from any gas valves and matches.  Don’t use your phone nor take pictures.  And don’t turn on your vehicle to avoid sparks or an explosion.

Most gas leaks are resolved quickly by the gas company emergency experts.  However, gas leaks can result in serious fires and explosions.  If you or someone you know has experienced an injury related to a natural gas leak, seek medical help immediately and then contact an experienced law firm to help you understand your rights.

Goldman & Daszkal, P.A.

Since 1990, Goldman & Daszkal, P.A. has provided reputable legal representation to people throughout Palm Beach, Broward, and Miami-Dade Counties.  The firm has helped thousands of individuals recover compensation from motor vehicle and boating accidents, slip and fall accidents, product defect and liability cases, pharmacy errors, and negligent security cases to cover medical expenses, pay bills, take care of their families, and return to work.  Goldman & Daszkal, P.A. can help you get the relief you need to start living your life again after a serious injury.  For a free and confidential consultation, contact Goldman & Daszkal, P.A., at (954) 428-9333.

[1] https://hip.phmsa.dot.gov/analyticsSOAP/saw.dll?Portalpages

[2] https://hip.phmsa.dot.gov/analyticsSOAP/saw.dll?Portalpages

Flying Safely: In-Flight Aviation Injuries

SBTravelTips

Air travel is one of the safest types of transportation.  But, on board, airplanes are cramped — fitting dozens of passengers in relatively small areas.  Because passengers and flight attendants need to move through very tight spaces, in-flight incidents occur from time to time, causing injuries.  Injuries during flights may also stem from defective equipment, weather, or human error.   The most common in-flight injuries are related to overhead bin luggage and service carts in the aisles, but burns from scalding liquids and slip and falls are also common.

Read on to learn how to avoid potential injuries during your flight.

Overhead Bins

Please use caution when opening the overhead bins as items may have shifted during the flight.”  You’ve heard the flight attendants announce it hundreds of times.  Passengers may grab their laptops or other items from the overhead bins during flights.  If another passenger isn’t careful and you are sitting in an aisle seat below the bin, you could be at risk of injury from falling baggage.  To avoid potential injuries from falling baggage, stay alert and keep children in the center or window seats.

Service Carts

Use caution when flight attendants are pushing the service carts through the aisles.  Many injuries occur each year when these heavy metal food carts ram into passenger’s ankles, knees and shoulders.

Hot Liquids

When flight attendants pour and serve coffee and tea on flights, they must exercise caution.  The possibility of a passenger or flight attendant knocking them while they are pouring can cause them to spill a scalding liquid on a passenger.  Quick, emergency attention is required for these types of burns.  Be alert when flight attendants are offering coffee and tea, and keep children away from aisles at that time.

Turbulence

It’s not uncommon to experience turbulence during air travel.  When the pilot turns on the “fasten seat belt” sign, take the warning seriously and head to your seat as quickly as possible.

Bathroom Breaks

Passengers are injured each year in slip and fall accidents while heading to the bathroom.  Take care when entering and moving around in the bathroom as floors may be wet.

Legal Claims

If you or a loved one suffered an injury during a flight, you could potentially have a legal claim against the airline, the manufacturer, crew members, or the Federal Aviation Administration (FAA.)  These legal claims require an in-depth understanding of airline safety and FAA rules and regulations.  If you have questions about an injury on a flight, or travel and the law, Goldman & Daszkal, P.A. can answer them.

On behalf of the attorneys and staff at Goldman & Daszkal, P.A., we wish you and your loved ones safe travels and a wonderful spring break!

 

Goldman & Daszkal, P.A.

888-504-HURT (4878)

www.goldmandszkal.com

 

National Burn Awareness Week

burn

National Burn Awareness Week 2016

In 2015, nearly 500,000 people in the United States received medical treatment for burn-related injuries. Of those, 40,000 required hospitalization for further treatment.  In the same year, there were over 3,200 deaths from fire and smoke inhalation. [1]

According to the ABA’s AmeriBurn website, over 70% of the injuries mentioned above occurred in the home. [2]  This week, it’s the right time for everyone to take a few minutes to review important safety tips to lower the risk of burn injuries at home.

Dedicated to improving the lives of those affected by burn injuries, the American Burn Association (ABA) is one of a few key organizations that promote fire safety awareness and education throughout the United States.  The National Burn Awareness campaign kicks off in February.

Scald Burns

Scald burns caused by hot liquids or vapor are the leading cause of non-fire burns.  For this reason, we recommend that you review the following tips with your friends and family, and especially those with young children.

Burn Safety Tips

In the kitchen…

    • Keep sleeves and jewelry away from cooking area.
    • Use back burners and always leave pot handles away from you.
    • Never leave the stove on unattended.
    • Never put water on a grease or oil fire.
    • Keep hot dishes, soups, and liquids away from young children at the table.
    • Replace tablecloths with placemats to avoid children pulling the tablecloth and spilling food.
    • Allow foods to cool before serving.

Working with water…

    • Always test the water before entering a bath or shower, especially with children.
    • Set the water heater to 120° F or less

And with children…

    • Keep all electric cords out of reach.
    • Ensure safety outlets are covered with appropriate caps.
    • Always keep matches and lighters away.
    • Monitor time in the sun and use sun protection gear and sunscreen
    • Avoid drinking hot liquid when holding children.
    • Determine areas that are NOT safe for children to play and make clear rules.
      • Children should stay away from cooking areas.
      • Children should avoid playing near fireplaces, heaters, grills, campfires, and any open flames.

Finally…

    • Turn off hot irons and curling irons when finished.  Do not leave them unattended.
    • Ensure smoke alarms and carbon monoxide alarms are working properly.

If someone is burned, follow these instructions recommended by ABA[3]:

  1. If clothes catch fire, STOP, DROP & ROLL!
  2. For minor burns, use COOL WATER only!  AVOID ice, butter, creams, or ointments.
  3. For severe burns, call 9-1-1 immediately!  Put out any fire on the person but leave burnt clothing intact.

If you found this post helpful, please pass it along to friends and family.

 Goldman & Daszkal, P.A.

Since 1990, Goldman & Daszkal, P.A. has provided reputable legal representation to people throughout Palm Beach, Broward, and Miami-Dade Counties.  The firm has helped thousands of individuals recover compensation from motor vehicle and boating accidents, slip and fall accidents, product defect and liability cases, pharmacy errors, and negligent security cases to cover medical expenses, pay bills, take care of their families, and return to work.  Goldman & Daszkal, P.A. can help you get the relief you need to start living your life again after a serious injury.  For a free and confidential consultation, contact Goldman & Daszkal, P.A., at (954) 428-9333.

[1] http://www.ameriburn.org/resources_factsheet.php

[2] http://www.ameriburn.org/resources_factsheet.php

[3] http://www.ameriburn.org/preventionNews.php

Jury Awards Family $5.7 Million in Negligent Security Case

1398488_camera.jpg
A jury awarded the family of a 24-year-old deceased South Florida man $5.45 million for past and future pain and suffering plus $253,982 for loss of net accumulations, funeral expenses, loss of support and loss of services. He left behind a son, and his death was two months before the birth of his daughter.
The decedent and his co-worker were working at a car wash connected to a gas station when three young men tried to rob them. The decedent attempted to run away but he was shot from behind by the 16 year old defendant. At trial, it was discovered that the surveillance cameras at the gas station/car wash had not been working for over two years. The station is located in a notoriously dangerous South Florida neighborhood, and there were 4 earlier crimes at the station of which the workers were not advised. Testimony revealed that the manager at the station refused to walk onto the property without an armed escort, and that she insisted that her husband, a security guard, take her to work everyday.
Negligent/Inadequate Security
Florida property owners have a responsibility to people invited onto their premises, either as guests or for a business purpose, to keep the property reasonably safe and warn them of known hazards. In this case, the owner of the gas station and car wash owed a duty to the decedent to provide a safe working environment and to take precautions such as warning their employees of the 4 earlier crimes at the station. Property owners’ responsibilities go beyond structural and basic maintenance issues, such as cleaning up spills and fixing broken steps, particularly where the premises present risks of trespass. As in the deceased South Florida man’s case, a property owner could be liable for injuries caused by a violent crime perpetrated by a trespasser. Alternatively, in limited cases, a property owner could be liable to a trespasser, such as if a child was injured in an unsecured swimming pool. A Florida injury attorney can help you determine the type of liability and fight to recover damages for injuries to you and your loved ones.

Continue reading

Valets Must Return Cars…Even to Intoxicated Owners

1152398_pink_bar.jpg
The appellate court in Naples, Florida found that valet companies must return vehicles in their possession to rightful owners, even if the vehicle owner is visibly intoxicated. Valet companies have this obligation because car owners place their cars in the possession of a valet parking attendant, but car owners do not give the parking attendant rights to the car that would be superior to the car owner’s rights to the car. If a parking attendant refuses to return an owner’s car for any reason, the parking attendant would be asserting a right of control over the car that would be against the owner’s superior right of control over the car.
This decision is a heavy blow to a deceased woman’s estate that sued the valet service and nightclub for wrongful death under the theory of negligent entrustment. Now deceased Michael Price, Jr. turned his car over for valet service at a Naples nightclub. He was accompanied by Nicole Weber. By the time Price and Weber were ready to leave the nightclub that evening, Price was visibly intoxicated; but the valet service brought him his car and handed him his keys anyway. Price and Weber were later involved in an accident that left them both dead. The court used the reasoning mentioned above to strike down the negligent entrustment claim.
Florida’s Dram Shop Statute, however, may still apply. Florida law provides limited recourse against a person or business who served alcohol to a visibly intoxicated person, if that person then causes someone injury. “Dram Shop Laws” refer to state laws that allow such claims under various circumstances. Florida’s laws are more restrictive than many states, only allowing an injured person to claim damages from a bar or party host under certain circumstances.
A person or business who serves alcohol to a minor, defined as someone under the legal drinking age of 21, is liable for damages that the minor causes while driving drunk. This is a strict liability standard in Florida; that means it does not matter if the server knew the person was under 21.
Florida courts have also said that a person or business could be liable for damages caused by a drunk driver if they serve alcohol to someone they know has an ongoing addiction to alcohol. Courts have reasoned that a person or business who knows another person cannot behave responsibly with regard to alcohol should be liable for damages caused if they serve alcohol to that person. Florida’s courts, however, have not always applied this rule evenly. If Weber’s estate is to succeed on any claim for wrongful death against the nightclub, it will be through this statute.

Pompano Beach Fatal Parasailing Accident

526188_parasail.jpg
28 year old Kathleen Miskell died recently after plummeting into the ocean from a parasail that was nearly 200 feet in the air. Mrs. Miskell, whose harness broke causing her to fall face-down into the water, was pronounced dead at Broward Health North. Kathleen’s husband Stephen Miskell was parasailing in tandem with her at the time of her death. His harness did not break and he was left helplessly watching from above.
The Florida Fish and Wildlife Conservation Commission, the Coast Guard, and the National Transportation Safety Board are currently investigating this accident. Kathleen Miskell’s death is nearly five years after 15 year old Amber White was killed in a similar parasailing accident in Pompano Beach, Florida. There have been 72 parasailing deaths in the United States since 1982.
Kathleen Miskell’s family may have a claim for her wrongful death. When a person’s death results from an injury caused by someone’s negligent or illegal actions, the law gives that person’s estate a civil claim for damages. This claim is known as “wrongful death.” A wrongful death claim may happen in addition to a criminal prosecution for the death, as they exist in separate parts of the legal system. The rules and procedures are very different in the two systems. A knowledgeable Ft. Lauderdale wrongful death attorney can help you to understand how the system works and whether a claim for wrongful death would be appropriate.
The law provides two different systems for determining liability after a person’s death. The criminal system seeks to determine guilt and, upon a finding of guilt, prescribes punishments for the defendant. Prosecutors, who work for the government at the local, state, or federal level and represent the citizens of their jurisdiction, bring cases against people suspected of a crime. They must prove beyond a reasonable doubt that the defendant committed the crime, meaning that the judge or jury must have no reasonably plausible alternatives to the defendant’s guilt. This is a very difficult burden to meet, and the consequences for a defendant found guilty include monetary fines and imprisonment.
Wrongful death claims are brought in the civil courts. The deceased person’s estate, through an executor or representative, brings a lawsuit against the person alleged to be responsible for the death. The purpose of the suit is to explore the defendant’s legal liability for the death. The lawsuit seeks monetary damages to compensate the estate and the decedent’s heirs and loved ones for the loss of the decedent’s support. This may include both financial support and emotional support. A claimant must prove by a preponderance of the evidence that the defendant is legally liable for the death and should pay damages. This is the lowest standard of proof in the legal system, where “beyond a reasonable doubt” is the highest. A claimant in a wrongful death case must show that it was more likely than not, or 51% likely, that the defendant caused the decedent’s death.

Continue reading

Most Recent Florida Traffic Crash Statistics Report: 2010

1088939_2_annual_reports__2.jpgFlorida Highway Safety and Motor Vehicles released their most recent Traffic Crash Statistics Report for the year of 2010. Although we are in 2012, it takes some time for them to run all of the numbers for the past year.
Some of the positive trends that FLHSMV highlighted were:
– State Mileage Death Rate (the number of deaths per 100 million miles traveled) decreased to 1.25 deaths per 100 million miles traveled in 2010 and is the lowest since the rate has been calculated
– During the past 5 years, fatalities have dropped every year from 2005 with 3,533 to 2010 with 2,444, which is a 30.8% reduction
– Traffic crash fatalities on Florida roadways fell between 2009 and 2010 by 4.7% from 402 to 383 respectively
-Bicyclist and passenger fatalities plunged between 2009 and 2010 by 24% from 99 to 76
Teen crash fatalities fell between 2009 and 2010 by 5.9% from 153 to 144 respectively
KEEP UP THE SAFE DRIVING FLORIDIANS!
Click on this: Traffic Crash Statistics Report 2010 for a complete copy.