Trucks Have Black Boxes, Too – Fort Lauderdale Truck Accident Attorney

When a plane crashes, everyone wants to know what kind of data will be obtained from the “black box.” Even though they are usually bright orange, the “black” boxes have millions of pieces of data that help investigators figure out what caused the accident.

Trucks and cars don’t always get along on our roads and highways, and when they collide with each other the resulting damage can be devastating. Having access to the black box data can help put the pieces together.

Most semi-trucks and commercial vehicles manufactured in the United States have Electronic Control Modules (ECM), which are integrated into the engine’s components. These control the engine’s performance, ensure fuel economy, regulate emissions, and protect the engine from abuse. They are used to troubleshoot mechanical issues and even monitor how the vehicle operates. They are also a critical piece of evidence following a collision. These ECMs could record data that is useful in determining what happened during the accident, as well as moments leading up to it.

Depending on the make and model of the semi-truck, the ECM could record a multitude of data. The events recorded are referred to by different names, such as Hard Brakes, Quick Stops, Sudden Decelerations, etc. But, the type of data recorded by the ECM may include:

• Average speed of the truckFort Lauderdale Truck Accident Attorney
• Highest speed the truck reached
• Brake times
• Throttle percentage
• RPMs
• Time driven
• If cruise control was on or off
• Amount of time the semi-truck drove more than 65 miles per hour

Truck accidents involve issues that make them more complex than most car accidents. Large truck are usually owned by corporations and may have multiple owners. Insurance is different than car insurance, and there are different rules and regulations that cover trucks.

Truck accidents have been a major portion of our practice here at Lazarus and Lazarus, and we have analyzed the data from black boxes many, many times. Our clients are our main goal, getting them the maximum compensation allowed by law, so if you have any questions please call us at 954-356-0006 and we’ll set up a consultation. Thank you.

 

The Death on the High Seas Act – Lazarus and Lazarus Law Firm

Fort Lauderdale Maritime Law AttorneyIt sounds like something out of a swashbuckler novel involving pirates. The “Death on the High Seas” Act is a United States admiralty law enacted by the United States Congress. It was originally intended to permit “recovery of damages against a shipowner by a spouse, child or dependent family member of a seaman killed in international waters” in wrongful death cases “caused by negligence or unseaworthiness.” It also applies to cases arising out of airline disasters over the high seas that occur beyond the 12-nautical miles of U.S. territorial waters.

The problem is that it sometimes has a reverse effect, limiting damages paid to survivors because they often cannot obtain judgments for non-pecuniary damages (pain and suffering) when a cruise passenger dies in international waters.

A recent case involves a married couple from Nebraska who went on a river cruise originating in Peru. A fire in their room broke out and they were killed by smoke inhalation. Even though the boat was new there was evidence of faulty wiring that may have caused the fire. One of the couple’s daughters, obviously upset, said “There’s no place else in the world that you can kill somebody and really have no consequence, other than international waters.”

International maritime law has been a primary focus area for our law firm since it’s beginning over 20 years ago. With our offices in Fort Lauderdale, we see many people every year who have been injured or have incurred damages as a result of going on cruise ships operating out of Port Everglades, one of the busiest cruise ports in the world.

Sometimes incidents happen on the ship at sea, sometimes while berthed at the port, and sometimes people are injured while on excursions away from the boat in foreign countries. Each incident is different, and each one will likely involve dealing with different jurisdictions and different laws, perhaps even the “Death on the High Seas” Act. We have seen it all.

If you or someone you know has suffered some type of injury or loss while on a cruise or while engaged in a cruise ship excursion, we would be happy to share our expertise and offer legal advice. Calling us at 954-356-0006 is the first step, and thank you.

2017 South Florida Boating Accidents – Fort Lauderdale Boat Accident Attorneys

Memorial Day is the traditional start of summer, and people start crowding south Florida waterways with their boats. Safe Boating Week was actually May 20 – May 26th, but if you search the news for boating accidents, there are many:

• Multiple Boating Accidents On Busy South Florida Waters
CBS Miami-May 14, 2017

• Multiple Seriously Injured in Fort Lauderdale Boating Crashfort lauderdale boating accident attorneys
NBC 6 South Florida-May 21, 2017

• 1 Survivor, 2 Dead In Boating Accident Off Hollywood
CBS Miami-May 23, 2017

• Boaters Hurt In Series Of Weekend Accidents On South Florida Waters
CBS Miami-May 21, 2017

• Coast Guard Searching for Woman After Boating Accident
U.S. News & World Report-May 16, 2017

• Boating mishap kills Vero Beach resident
TCPalm-19 hours ago

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Safe Cars: Check Your Car for Recalls – South Florida Accident Attorneys

We preach safety first on this website because we would rather meet you at the beach or a south Florida sporting event than as new client whosouth florida accident attorneys has been in a car accident. We believe that almost all accidents are avoidable, and driving a safe car is a very big step in that direction.

You may not know that as many as 1 in 4 cars on the road right now has a safety recall that has not been fixed yet. What can you do?

When you go to the dealer, they will run your vehicle identification number (VIN) in the computer and the service adviser should let you know if there are any outstanding recalls. But if your car is older and you don’t get to the dealership, you might want to run your VIN through the safercar.gov site, powered by the National Highway Traffic Safety Association. You can find your car’s VIN on your title, registration, or insurance card.

Two recalls that were very noteworthy because of the incredibly severe safety hazards they covered were:

  1. In 1969, owners of V-8-powered General Motors cars began experiencing a small problem. The rubber parts in their vehicles’ engine mounts would give out, causing the engine to come free, twist upward and pull open the throttle, resulting in rapid acceleration. It would often disable brake assistance, making it harder to stop the car.
  2. The famous Ford Pinto exploding gas tank recall. The 1978 recall of Ford’s popular compact Pinto model came after a public outcry and months of legal wrangling between Ford and the government. At issue was the lack of reinforcement between the Pinto’s fuel tank and the bolts in its rear differential. Critics alleged that this design flaw made the gas tank susceptible to becoming pierced by the bolts and catching fire in a rear-end collision.

Another area of concern is child car seats. These crucial pieces of equipment are often recalled and you can look for any safety bulletins at a special online webpage powered by Parents.com.

Please check both the resources above for any car or car seat recalls, and make a proactive decision to have your car inspected regularly for safety. Brakes, lights, air bags, the whole car. Please wear your seat belt always, and never text while driving.

South Florida Accident Attorneys

Lazarus and Lazarus represents people who have been hurt in accidents all over the state of Florida. We work diligently until our clients receive the maximum compensation allowed by law for their pain and suffering, injuries, medical bills, lost time from work, and other damages. Call us at 954-356-0006 so we can have a discussion about your situation.

 

How to Avoid a Head-On Collision – Fort Lauderdale Accident Attorneys

fort lauderdale accident attorneysProbably the most frightening of all automobile accidents is the head-on collision. You have very little time to react and the damage is usually devastating. These types of accidents are becoming more commonplace as distracted drivers (texting) look at their phones instead of the road, and they drift over into the opposite lane. Can you avoid a head-on collision? The experts say yes.

1 – First of all, don’t look at your phone! Turn it off, put it in the back seat, leave it at home, whatever. Don’t you be the one to leave your lane.

2 – Focus on the road at all times.

3 – If another driver starts coming into your lane, and you have some distance, you can use the turn signal lever to flash your high beams at him. Honk your horn too.

4 – Slow down.

5 – If you must swerve, go to the right. If the other driver does look up and see you, the natural reaction is to jerk the wheel to their right. You don’t want to be there. Try to go onto the shoulder. There is a video below with some tips.

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Duty to Give Information and Render Aid – Florida Accident Attorneys

florida accident attorneysWe’ve discussed what to do if you’re involved in an accident in Florida. The first thing is, of course, call 911 and render aid to others if you are able. Call your insurance company, cooperate with the authorities, call an accident attorney, and do not share information on social media. Click here to read our article from November 2016.

Recently there was a very disturbing story in the news about an auto accident in Pompano Beach that involved a car crashing into a tree. Allegedly the driver had a 6-year-old child in the back seat without a car seat, and after the accident she ran away, leaving the injured boy alone in the car. Channel 10’s story is here: Local10.com

No doubt the driver will face a variety of charges including failure to render aid. Chapter 316.062 of the Florida Statutes states, in part:

Duty to give information and render aid.—
(1) The driver of any vehicle involved in a crash resulting in injury to or death of any person or damage to any vehicle or other property which is driven or attended by any person shall give his or her name, address, and the registration number of the vehicle he or she is driving, and shall upon request and if available exhibit his or her license or permit to drive, to any person injured in such crash or to the driver or occupant of or person attending any vehicle or other property damaged in the crash and shall give such information and, upon request, exhibit such license or permit to any police officer at the scene of the crash or who is investigating the crash and shall render to any person injured in the crash reasonable assistance, including the carrying, or the making of arrangements for the carrying, of such person to a physician, surgeon, or hospital for medical or surgical treatment if it is apparent that treatment is necessary, or if such carrying is requested by the injured person.

Now, if you are in an accident and someone is injured, you’r in the middle of nowhere with no access to a phone, and someone is hurt, perhaps bleeding, can you help and not worry about being sued? Probably:

768.13 Good Samaritan Act; immunity from civil liability.—
(1) This act shall be known and cited as the “Good Samaritan Act.”
(2)(a) Any person, including those licensed to practice medicine, who gratuitously and in good faith renders emergency care or treatment either in direct response to emergency situations related to and arising out of a public health emergency declared pursuant to s. 381.00315, a state of emergency which has been declared pursuant to s. 252.36 or at the scene of an emergency outside of a hospital, doctor’s office, or other place having proper medical equipment, without objection of the injured victim or victims thereof, shall not be held liable for any civil damages as a result of such care or treatment or as a result of any act or failure to act in providing or arranging further medical treatment where the person acts as an ordinary reasonably prudent person would have acted under the same or similar circumstances.

We are Florida accident attorneys, and we represent victims of serious crashes. We believe it is our responsibility to offer as much information and advice as we can to help reduce accidents and injuries. Please drive responsibly, never drink and drive and do not use your phone when driving. Help others in need whenever possible. If we all do this we will make Florida a better place to live, work, and drive for everyone.

If you would like to reach us please call 954-356-0006, and thank you.

Are You Taking Too Many Prescriptions? Florida Pharmacy Negligence Attorneys

Florida Pharmacy Negligence AttorneysWhen a doctor tells you to take a prescription, you take it. Most people don’t question their doctors, but we should. Any person taking more than 5 medications is at serious risk of dangerous interactions.

Polypharmacy: pol·y·phar·ma·cyˌ pälēˈfärməsē/
– the simultaneous use of multiple drugs to treat a single ailment or condition.
– the simultaneous use of multiple drugs by a single patient, for one or more conditions.

Most people have a primary care physician, and any number of specialists so it’s important that all your doctors are clued in to exactly what medicines you are taking, including over-counter pain killers, allergy medicines, and even vitamins and supplements. They can all have side-effects when mixed. Make a list of everything, including the dosage and strength of each one, and bring it with you to every doctor.

How do you know if you are taking too many medicines?

Here are a few hints:

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Becoming a Truck Driver – Florida Truck Accident Attorney

florida truck accident attorneyHave you ever watched the driver of a massive tractor-trailer back his rig into a narrow alley to make a delivery? It has always amazed me how they do that, I can barely parallel park my rental car when I visit New York City. Obviously these professionals are well-trained, as they should be, considering the heavy responsibility involved with commanding a huge truck.

The maximum weight for a U.S. semi truck and full trailer is 80,000 pounds spread over 18 conventional wheels.

We have discussed the physics involved with a large truck vs. a passenger vehicle in an accident, and the truck almost always does massive damage to the car. Some new highways are actually being designed with separate lanes for cars and trucks just to avoid collisions.

This stunning statistic illustrates how dangerous it is to be in an accident with a big truck:

A total of 3,852 people died in large truck crashes in 2015. Sixteen percent of these deaths were truck occupants, 69 percent were occupants of cars and other passenger vehicles, and 15 percent were pedestrians, bicyclists or motorcyclists.

So, what does it take to be a truck driver in Florida?

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What to do When You’re Stopped by the Police – Florida Accident Attorneys

We aren’t criminal defense attorneys, so we’re not going tell you what to do if you are pulled over and you’ve been drinking or you haveFlorida Accident Attorneys marijuana in your car. There are plenty of videos on YouTube that will give you free advice and qualified defense attorneys you may hire for professional advice about what to do in those circumstances. We will take this opportunity to say that if you’ve been drinking, please do not drive.

You do have rights, and we will touch on those, but it’s important to understand that being pulled over by the police is a strenuous time for you, and for the police officer. There’s a saying “There’s no such thing as a routine traffic stop,” and here is why: In 2015, off the 41 officers feloniously killed, eight were investigating suspicious persons or circumstances; seven were involved in tactical situations; six were conducting traffic pursuits/stops; five were killed in arrest situations; four were ambushed; three were killed while answering domestic disturbance calls; three were killed in unprovoked attacks; two were handling, transporting, or maintaining custody of prisoners; two were handling persons with mental illnesses; and one was conducting an investigative activity (such as surveillance, a search, or an interview).

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Liquor Liability – Florida Dram Shop Law

Despite the horrific statistics on alcohol-related car accidents, some people in Florida continue to drive drunk. Whenflorida car accident attorneys they do and are involved in a crash, the penalties are severe and the civil liability that may result can also be devastating. Many people are unaware of laws that pertain to bars, restaurants, liquor stores, and other businesses or even private hosts who serve alcohol. These laws vary state-by-state.

Dram shop or dramshop is a legal term in the United States referring to a bar, tavern or the like where alcoholic beverages are sold. Traditionally, it referred to a shop where spirits were sold by the dram, a small unit of liquid.

Dram shop liability refers to the body of law governing the liability of taverns, liquor stores, and other commercial establishments that serve alcoholic beverages. Generally, dram shop laws establish the liability of establishments arising out of the sale of alcohol to visibly intoxicated persons or minors who subsequently cause death or injury to third parties (those not having a relationship to the bar) as a result of alcohol-related car crashes and other accidents.

Florida is unlike most dram shop laws in the sense that it almost completely restricts the liability of establishments selling and serving alcohol. This makes Florida’s dram shop law very limited in scope and application. Florida Statute 768.125 states: Liability for injury or damage resulting from intoxication.—A person who sells or furnishes alcoholic beverages to a person of lawful drinking age shall not thereby become liable for injury or damage caused by or resulting from the intoxication of such person, except that a person who willfully and unlawfully sells or furnishes alcoholic beverages to a person who is not of lawful drinking age or who knowingly serves a person habitually addicted to the use of any or all alcoholic beverages may become liable for injury or damage caused by or resulting from the intoxication of such minor or person.

Last year a Florida man sued Kahuna’s Bar and Grill in St. Petersburg, Florida after drinking at the establishment and then crashing his car. The press reported:

The suit claims that Campbell was a longtime patron of Kahuna’s. On several occasions, when it was clear he had too much to drink, bartenders and staff nevertheless continued serving Campbell, even taking shots of liquor with him. Due to his drunken state, Campbell had previously passed out, fallen face first to the ground, spilled beer on tables, and even vomited on the patio.

The status of this case is unknown.

Florida Accident Attorneys

The Law Firm of Lazarus and Lazarus works with victims of car accidents, and often there is alcohol involved. Whatever the circumstances, we will work to get the facts and protect the rights of our clients as we have done for over 20 years. We urge all Florida drivers to not drink and drive, to refrain from and cell phone use while driving, and to obey all traffic laws.

If you have been involved in a Florida car accident, please reach out to us by calling 954-356-0006 and asking for a free consultation. We will be happy to meet you at your convenience.