West Palm Beach Injury Lawyer Blog

Officials in Palm Beach County are hoping to see a decline in traffic accident deaths this year as they have begun a series of new and improved safety measures designed to make the roads safer for travelers. These measures include placing guardrails along State Road 80, where more than a dozen car accidents have resulted in drownings in nearby waters over the past decade. Local law enforcement officers have also been cracking down on drunk drivers, especially in locations that have historically had high crash rates. Also, high gas prices have contributed to fewer drivers on the road, which in turn has resulted in fewer crashes.

In spite of these new developments, however, authorities say that the current year's traffic fatalities are keeping pace with those of last year. Among the top reasons that Palm Beach car crashes continue to occur is the high occurrence of a category of activities that is often labeled as "distracted driving." Distracted driving is a broad term used to describe any situation where the driver is not giving his or her full attention to the road. Common types of distracted driving include texting, talking on a cell phone, eating, applying makeup, changing radio stations, or even talking to passengers while driving.

Our West Palm Beach accident attorney knows that distracted driving occurs all the time in this area and throughout the rest of the state. Unlike many other states, Florida does not have a law that prohibits talking on a cell phone or sending text messages while driving. One need only take a quick look around to see how many drivers are chatting away on their phones while driving, or even worse, repeatedly taking their eyes off the road to type a text message. Drivers like these are the cause of many of the West Palm Beach car crashes that occur every year.

One of the best ways that all drivers can improve safety on the roads is by knowing the dangers and taking them seriously. All too often, there is an attitude of "it won't happen to me," and that attitude leads people to downplay the risks involved in their behavior. Only by recognizing that the risks of distracted driving are real for everyone can we really start to reduce the number of accidents that occur every year as a result.

Continue reading "Palm Beach County Battles Back Against Traffic Fatalities" »

According to the doctrine of sovereign immunity, lawsuits against the state are subject to different rules than those that apply to suits against private citizens. Sovereign immunity is a concept that essentially means that the government cannot be sued by citizens. However, in the United States, this doctrine can be abrogated where the state agrees to waive immunity. Most states and the federal government have passed legislation that allows at least some causes of action to be brought against the government.

Because states have the authority to grant or deny permission to bring suit against them, they also have the authority to determine the conditions under which such suits can be brought. In Florida, citizens are permitted to bring lawsuits against the state, but those suits must conform with certain requirements and are subject to some restrictions. One such restriction involves the amount of money damages that the state can be required to pay in the event that a lawsuit results in a judgment against it. Florida law requires legislative approval in order to allow the state to pay out any damages in excess of $200,000. In essence, once a judgment that exceeds that amount has been entered against the state, the Florida legislature must pass a bill authorizing the payment of more than $200,000 to the winning party. If the bill does not pass, then the plaintiff will only be permitted to collect the first $200,000 of the awarded damages.

Our Florida injury attorney recognizes that many lawsuits take time to be resolved, especially where the defendant attempts to deny liability. However, those suits often taken even longer when part of the judgment must be approved by the legislature before being paid. In fact, according to an story by local Fox News 29, one Florida car accident victim has been waiting for more than a decade to receive the judgment he was awarded by a jury.

Thirteen years ago, Eric Brody was injured in a car crash involving a Broward County sheriff's deputy's vehicle. His injuries resulted in severe, permanent brain damage. Brody and his parents brought a lawsuit against the sheriff's office, which resulted in a jury awarding Brody $30.6 million. Because of Florida's limit on damages payable without legislative approval, most of this judgment has not yet been paid. This week, however, Senate President Mike Haridopolos has announced that he plans to push for a bill to be passed in order to give Brody the compensation that he deserves in 2012. During the last legislative session, the bill did pass in the Florida Senate, but it was never voted on in the House. Haridopolos wants to avoid letting the bill languish any longer, and he is hoping to get it through early next year.

The law is full of special rules and nuances like this one, which is why it is important to always speak with a Florida injury lawyer about your case, rather than trying to settle it with the insurance company or the other party on your own. The insurance companies may not protect your interests or inform you of special circumstances that apply to your case. Having your own Florida accident attorney advocating on your behalf is the best way to protect your rights and help make sure that you get the compensation you receive for your loss is fair.

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Fiery Palm Beach Car Crash Claims Life of One, Leaves Another in Critical Condition

Tragedy struck in the town of Jupiter last Saturday when a vehicle in which two brothers were traveling crashed and burst into flames. When the burning vehicle was discovered by police, officers were able to extinguish the fire and pull one of the brothers, 35-year-old Mario Pizano, out of the car. Mario was taken to the hospital where he remains in critical condition. Unfortunately, Mario's brother, 39-year-old Jose Jesus Pizano, was not reached in time, and he perished in the fire.

According to an article from The Palm Beach Post, officers are still investigating the Palm Beach car crash, and at this time, the cause of the accident is not known, nor do authorities know what caused the vehicle to catch fire. No other vehicles were reported to be involved in the collision.

Our West Palm Beach car accident lawyer knows that vehicle crashes happen every day in this area, but the vast majority of them do not result in vehicle fires. Vehicle fires used to occur with greater frequency than they do now. In fact, in the 1970s, Ford designed and released a new car model called the Pinto. The Pinto was Ford's answer to other vehicle manufacturers' compact cars, but it came with a fatal design flaw. The gas tank was located too close to the rear bumper, with insufficient protection between the two, so that when the Pinto was rear-ended, even at low speeds, the gas tank often exploded. Many people were badly injured or killed as a result. After lawsuits resulted in the realization that Ford had known about this risk and blatantly disregarded it, the manufacturing of the Pinto was discontinued.

However, thanks to the efforts of the victims, their families, and their attorneys, vehicle manufacturers have been given huge financial incentives to take steps to make their vehicles as safe as possible, including protecting against vehicle fire. Modern vehicles come equipped with safety belts and air bags. Vehicles are purposely designed in specific shapes in order to strengthen them against bending and breaking in a collision. Warnings are printed prominently inside vehicles to help parents determine the safest place for their children to ride. And, of course, gasoline tanks are now more protected than they once were in order to prevent them from exploding on impact.

Continue reading "Fiery Palm Beach Car Crash Claims Life of One, Leaves Another in Critical Condition" »

Like most people, our West Palm Beach injury lawyer is quite familiar with the oft-quoted mantra that "flying is the safest way to travel." Therefore, the rare news of a plane crash is rarely expected, and often startling. Obviously the consequences of these tragedies are severe, with survival only a occurrence for passengers and crew members. Against all odds, however, the pilot of a small airplane that recently crashed onto a local golf course was able to walk away from the wreckage. According to a report from ABC 25 out of Palm Beach Gardens, Florida, pilot Rob Malloy was flying his small aircraft over a golf course when the plane apparently suffered a decrease in power, lost speed, and caused Malloy to lose control. The plane glanced off the tops of some trees, spun around, and then crashed into the ground. Investigators are still looking into what caused the loss in power. Remarkably, Malloy was able to walk away from the crash, and no one else was harmed in the incident.

Many plane crash victims are not as fortunate as Malloy, and when plane crash injuries are sustained in our area, it is important for the victims or the close relatives of the victims to contact a Palm Beach personal injury lawyer in a timely fashion. The attorney will be able to explain the basic legal concepts that underpin all situations and determine what the best course of is to ensure that all of the individual's rights are protected. In general, those hurt in these accidents can seek redress if they can show that another's negligence caused the injuries. However, even in cases that are complex or contain a number of unknowns, the legal system may still be available to those who have been hurt.

For example, in certain types of cases, including but not limited to plane crash cases, it is not always possible to determine the exact cause of an injury or death. For this reason, it is sometimes possible to employ a legal concept called res ipsa loquitur, which means, "The thing speaks for itself." The idea behind this concept is that there are some things that just do not happen without negligence, and therefore, a person who is injured in such a case can rely on a presumption of negligence without having to prove exactly what happened to cause the incident. So, for example, if a commercial airliner were to crash, and the cause of that crash was not able to be determined, a victim could still have a presumption that negligence occurred somewhere along the line to lead to that crash. Because, as a general rule, airplanes do not simply fall out of the sky without some kind of negligence, a crash "speaks for itself."

There are other situations in which res ipsa loquitur may also apply. The availability of a variety of legal tools makes it important for all local victims to seek out a Palm Beach plane crash lawyer as soon as feasible. Our West Palm Beach injury lawyer, Attorney Eric Luckman can assess your case and help you determine what your legal rights are, who is responsible, and whether you should be compensated for your suffering. Sometimes, victims do not realize that they are entitled to compensation simply because they are not sure of the exact cause of their injuries. Taking a few minutes to discuss your case with a lawyer can give you the peace of mind that comes from knowing you have all the facts.

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