South Florida Personal Injury Lawyers Blog

The trial team of Kenneth A. Cutler, Esq. and Jeffrey D. Kirby, Esq. from the South Florida personal injury law firm of Goldman, Daszkal, Cutler, Kirby & Galsterer recently obtained a $4,435,000 settlement for 27-year-old Daniel Lima who was struck by a bucket utility truck while he was walking on a sidewalk toward the Riva Yamaha showroom on Dixie Highway in Pompano Beach, Broward County, Florida. The truck was owned by Pro-Tech Building Systems, LLC, and was operated by Michael Honeycutt, an unlicensed driver working for Pro-Tech Building Systems doing Hurricane Wilma restoration and repairs for Bellsouth Telecommunications/AT&T, through one of its master contractors, Gregory Electric Company, Inc.

After the bucket truck crashed into another vehicle, it ran off the road, struck Mr. Lima, and ultimately slammed into the side of the Riva Yamaha building. Later it was discovered that the bucket utility truck was being operated with a bungee cord wrapped around the steering column and affixed to the brake pedal. Mr. Honeycutt testified that his foot became entangled in the bungee cord when a car pulled out in front of him and he tried to brake. Instead of applying the brakes, Mr. Honeycutt hit the accelerator, resulting in Mr. Lima's catastrophic leg injuries. Mr. Lima suffered extensive lower leg injuries, and he required multiple surgeries using external fixators followed by rodding in order to save his legs.

The defendants alleged that Mr. Honeycutt was an independent contractor and denied liability. Mr. Lima's case was settled after a Florida judge ruled that the Master Contract entered into between Bellsouth Telecommunications/AT&T and Gregory Electric Company, Inc., which required all persons doing Bellsouth work to be agents and/or employees of Gregory Electric Company, applied to the restoration work conducted in Florida. The ruling was based upon a factual finding that the Master Contract's descriptive numbers were referenced in all of the Florida subcontracts and thousands of invoices sent to Bellsouth during the several month long project undertaken by Gregory Electric Company and its subcontractors.

In addition to his claim for vicarious liability, Mr. Lima also contended that Gregory Electric Company was directly negligent for failing to comply with very specific safety requirements set forth in its own Safety Manual regarding the hiring and supervision of its subcontractors. Mr. Lima was able to prove that the Safety Director for Gregory Electric Company never even came to Florida during the project and did not implement or enforce any of the detailed Safety Manual requirements, many of which may have prevented the crash.

This settlement represents another multi-million dollar accident injury recovery by the trial lawyers of Goldman, Daszkal, Culter, Kirby & Galsterer. The firm is based in Deerfield Beach, Broward County, Florida and has secured millions of dollars in auto accident, slip and fall, wrongful death, nursing home abuse, premises liability, and defective product awards for its clients since the firm's inception in 1990.

For more information regarding the firm and its attorneys visit their website at www.goldmandaszkal.com.

Distracted Driving/Texting While Driving and the Law:

There have been many attempts to create legislation that would limit the use of cell phones while driving. The proposed legislation has varied everywhere from partial use to a complete ban. According to a study conducted by Nationwide, 8 out of 10 drivers support some type of cell phone usage restriction. Also, with new and increasingly standard safety options such as OnStar, cell phone use for emergency situations may not even be necessary.

Distracted Driving Statistics:

The University of Utah conducted a study that revealed that driving while distracted from cell phone use, whether hand held or hands free, extends a driver's reaction as much as having a blood alcohol concentration at the legal limit of .08%. And according to a study conducted by Virginia Tech/NHTSA, the number one source of driver inattention is use of a wireless device. This would make sense given Carnegie Mellon's study which found that the amount of brain activity associated with driving is reduced by 37% when using a cell phone. In addition, texting while driving can take away all of a driver's attention by making them lose eye contact with the road and by restricting the use of either one or both of their hands.

A NHTSA, Insurance Institute for Highway Safety study revealed that drivers that use cell phones are four times as likely to get into crashes that are serious enough to injure them. This goes hand in hand with the most recent Florida Traffic Crash Statistics that indicate that thousands of drivers in Florida are injured and between 7-15 people are killed due to distracted driving per year.

A Nationwide statistic states that 10% of drivers between the ages of 16-24 are on their phone at any given time. In addition, distracted driving is a factor in 25% of police reported crashes. If you think about it, this statistic likely does not account for all of the people who deny or fail to report that they were distracted prior to their crash.

The obvious conclusion is that cell phone use while driving is dangerous and can lead to serious injury or death. While it is a good idea to have a cell phone for emergency situations, driving while talking or texting on your cell phone may not be a good idea. People injured in an automobile accident caused by a driver who was distracted due to cell phone use can most likely recover for their injuries. Contact an experienced South Florida personal injury attorney to discuss your rights.

The concern over PIP insurance fraud has been a hot topic in recent politics. Generally, the consensus is that it's a problem that needs to be fixed. In order to assess the problem more accurately, the Florida Office of Insurance Regulation (OIR) conducted a report. Although studies involving this issue need to be conducted, a recent study found that the data OIR relied on was potentially faulty.

Several flaws in automobile insurance fraud data were found in the recently released Personal Injury Protection (PIP) In the State of Florida Evaluation of Data Collected by the Florida Office of Insurance Regulation (OIR) in Response to April 2011 Data Call. Among some of the issues is the fact that this year's OIR report on PIP fraud used information from only one insurer, and generalized it in an attempt to make it look like it was a state-wide reflection of insurance premiums. In addition, the OIR used voluntary information from insurers, which was unaudited, they included rate increases that were unconfirmed at the time it was included in the report, they used inaccurate methods of comparing PIP insurance premiums, and they didn't adjust for inflation (or time value of money) differences when they compared the costs of PIP claims over a period of 5 years (between the fourth quarter 2005 and the third quarter 2010). The result of these inaccuracies is that data becomes skewed and the severity of the situation becomes exaggerated.

Many Floridians are concerned about the rising problem of insurance fraud. Not only is insurance fraud a crime, but it also results in increased premiums for policy owners. The Florida Consumer Action Network (FCAN) is an organization that promotes democracy in matters involving the economy, politics, society, and the environment. Although FCAN agrees that PIP insurance fraud is a problem, they believe that regulators who are too influenced by the insurance industry are going about it the wrong way. The most recent and concrete proof of this is the newly released OIR report, which FCAN is claiming relied on faulty data.

FCAN stands by the premise that "the right to trial by jury and access to counsel are important tools for consumers to stand up to corporations." Insurance fraud may be a rising problem, but for the insured who are truly injured because of an automobile accident, it is important that their rights to a trial by jury and access to counsel are preserved.

After FCAN released their concerns over OIR's reliance on faulty data, OIR released a report claiming that they were standing by their findings. The short-sighted view focuses on immediately slashing insurance premiums, while a long-term outlook focuses on a thoughtful approach to changes in legislation which will eventually result in lower incidences of PIP insurance fraud and in turn, lower premiums for Floridians. In addition, a look at how law enforcement handles suspected incidences of insurance fraud may be warranted.

With the economy in a slump, many Floridians are looking to cut costs wherever they can, but relying on faulty data and agreeing to hasty changes can result in long-term problems. We're not looking for a band-aid. More accurate studies should be conducted in order to allow for a more educated discussion on PIP reform.

It's not something that anyone wants to think about, but the possibility of getting into a car accident in the State of Florida is extremely high. According to the most recent Traffic Crash Statistics Report conducted by the Florida Department of Highway Safety, there is an average of 645 crashes a day. In addition, in 2009, Florida ranked #3 in the United States for annual fatal car accident costs, spending $3.16 billion a year. This does not include costs for non-fatal car accidents.

So what does this mean for you? Even if you consider yourself the safest driver on the road, you still can't predict what other drivers may do. If you're injured in a car accident and you aren't sufficiently insured, you may be personally responsible for whatever expenses can't be covered by your insurance company. Furthermore, if you are involved in a car accident with someone that doesn't have enough insurance or none at all, or if you are at fault for the car accident and you are uninsured or underinsured yourself, you will be held personally responsible for all of your expenses plus all of the other party's expenses. Expenses can include anything from fixing your car, to any hospital or medical bills incurred, as well as any lost wages.

Because of the economic downturn, Americans are reevaluating their expenses and trying to save where they can. Automobile insurance, however, should not be one of these cuts! The most practical advice would be to buy as much car insurance as you can afford. But what is enough when it comes to car insurance?

In the State of Florida, if you own an automobile with a valid Florida license plate, you are required to have a minimum coverage of $10,000 in personal injury protection (PIP) and $10,000 in property damage liability (PDL). Although this is the minimum state requirement, it is strongly recommended that you purchase more PIP and PDL coverage as well as tack on coverage for accidents involving uninsured or underinsured motorists. Once again, if you're involved in an accident with someone who is uninsured or underinsured, you will be responsible for all of your expenses! Therefore, be sure to add uninsured motorists coverage, also known as UM, to your automobile insurance policy.

If you don't currently have UM on your policy, you should call your insurance company today and ask them to add it on. If you're not sure if you have enough insurance coverage, you can call a South Florida lawyer and ask them for a free evaluation of your insurance policy. Go out and drive with peace of mind, but please remember to be safe and buckle up!

School pick-up/drop-off and carpool areas can be especially dangerous for children and parents who do not pay attention to oncoming traffic. The Palm Beach County injury attorneys from the Law Offices of Goldman & Daszkal, P.A. would like to recommend that you assist your children in safely exiting and entering your vehicle before and after school. This can avoid the unfortunate circumstances which unassuming drivers and children may present. Another way of avoiding these unfortunate accidents is to have your children exit and enter your car from the side opposite of traffic, thereby avoiding their need to step in front of oncoming traffic. If there is an available sidewalk, then having your child(ren) exit and enter your car from that side is also preferable.

In their heroic effort to save an endangered child, Boca Raton Police Officers were successful in lifting a car and pulling out the child that was pinned underneath.

According to various news sources, the 6 year old boy tripped and fell in front of an oncoming car and was run over. The boy was taken to Delray Medical Center for his punctured lung, and to have his ear surgically reattached.

Save a Life, Drive Sober

Manslaughter is defined as the unlawful killing of a human being without malice aforethought. Malice aforethought basically means, "premeditated." According to Florida Statute 316.193, driving under the influence of drugs or alcohol is a punishable crime in itself, however, manslaughter while driving under the influence (DUI Manslaughter) is a second degree felony and is punishable by a fine of not more than $10,000 and/or 15 years imprisonment.

Recently, 39 year old James Franklin Clark, Jr. was convicted of DUI manslaughter on September 15th and is scheduled for sentencing on October 21st.

According to the Sun Sentinel, After drinking multiple Crown Royal and Cokes at a local Boca Raton sports bar, the defendant attempted to drive home, but while on his way, he struck the victim's vehicle. The victim died at the scene of the crash.

James Clark, Jr. faces up to 15 years in prison; another tragic reminder to never drive while under the influence of drugs or alcohol.

The attorneys at the Florida injury law firm, Goldman & Daszkal, P.A., offers their condolences to the victim's family and friends.