South Florida Personal Injury Attorney Blog

This Presidents Day weekend has been a rough one for the family of 36-year-old, Aaron Cohen. An avid cyclist, Cohen was struck and killed in a hit-and-run accident on the Rickenbacker Causeway Wednesday. Crash investigators used debris from the crash site to piece together what happened and ultimately traced the vehicle back to Michele Traverso of Key Biscayne. On Friday, Traverso was jailed after breaking probation on a previous criminal case. He was charged with possession of cocaine last May and had been previously charged with possession of marijuana back in 2009, according to public records. More charges are pending in the death of Cohen, a father of two.

Florida bike accident lawsuits are high because Florida has one of the worst bicycle crash rates in the country, especially regarding fatalities, according to the Florida Bicycle Association. Because there is no protection for the cyclist, aside from a helmet, the rate of serious injury or death is very high. Though bicycle lanes have been implemented in most areas, statistics indicate that these lanes interfere with the normal flow of traffic and can actually put bicyclists in more danger rather than giving them a safe lane to ride in. In the case of Aaron Cohen's bike accident, witnesses say he was riding in a designated bike lane on the Rickenbacker Causeway when he was stuck. The result was a fatal traumatic brain injury that is often the case in these types of bicycle/auto accidents.

There are exclusive concerns which must be addressed when handling a bicycle accident claim, such as issues involving the design of the road as well as the measures taken to protect against personal injury. The Law Offices of Robert Rubenstein, P.A. have handled hundreds of claims relating to bike accidents in and around the Miami, Florida area and have a team of professionals equipped with the necessary tools to insure that your claim will get sound attention. Contact our Miami, Florida personal injury attorneys and our Broward County personal injury attorneys today for a free case evaluation. 1-800-FL-Legal (355-3425) or rubensteinlaw.com.

New information in an early-morning tractor-trailer accident that shut down several blocks near the intersection of Coral Way and S.W. 84ht Avenue in Miami finds some of the teens involved may have been racing, according to police. Witnesses say two cars were traveling westbound on Coral Way when the Honda Accord collided with the tractor trailer as the truck was making a left turn. Four people, all between 18 and 20 years old, were taken to Kendall Regional Hospital's trauma center and Baptist Hospital respectively. One teen had to be taken out of the car with the Jaws of Life, and is in critical condition. The driver of the truck walked away unscratched.

Police are still investigating the cause of the crash, but say there is more than 150 feet of skid marks, so at a minimum, these individuals were traveling at 108 feet per second, possibly racing.

Miami-Dade police identified the four other people with injuries after the crash as Ana Posada, 18, who is in critical condition, Jovanni Oliva, 20, Anthony Emmanuel Del Rio, 18, and Moises Arnold Alvarez, 18.

For more information on Florida truck accident law, contact the Law Firm of Robert Rubenstein. We have offices in Miami-Dade and Broward counties. 1-800-FL-Legal (355-3425) or rubensteinlaw.com.

A 62-acre Florida brush fire is being blamed in the I-75 truck and car pileup that took 10 lives and injured dozens more this weekend, but new information has the Florida Highway Patrol (FHP) under fire for its decision to re-open the highway to more traffic after the first crash.

FHP responded early Sunday morning to a 3-car crash along the smoky stretch of I-75 near Gainesville and closed the road to all traffic. The responding patrolmen decided the highway was safe enough for travel and re-opened the highway just minutes before the second crash that ultimately led to the multi-car pileup. Florida Gov. Rick Scott has ordered an investigation into that decision. At least a dozen cars, six tractor-trailers and a motor home collided pushing drivers under the crumpling trucks.

According to the Associated Press a similarly deadly crash killed four and injured 38 people back in 2008 on I-4, just 125 miles south of Sunday's crash.

For questions regarding truck and auto accidents, contact the legal team at the Law Offices of Robert Rubenstein at 1-800-FL-LEGAL (355-3425). The firm handles cases all over Florida with offices in Miami-Dade and Broward counties. Rubensteinlaw.com

rubensteinlaw.com

Florida is among nine states listed in a Johnson & Johnson recall of thousands of tubes of its Aveeno Baby Calming Comfort Lotion. The Food & Drug Administration (FDA) sampled a batch of the product and found excessive levels of a naturally-occurring, but antibiotic-resistant, bacteria identified as coagulase-negative Staphylococci. The bacteria can lead to health problems with the central nervous system or lead to urinary tract infections.

Around 2,200 bottles of the lotion - with lot number 0161LK - have now been recalled from shops across Southern states, including Florida, Georgia and Alabama.

The Law Offices of Robert Rubenstein has more than 25 years experience with product liability and defective products cases. For a free consultation, call 1-800-FL-LEGAL (355-3425). We have offices in Miami-Dade and Broward counties.

rubensteinlaw.com

Florida Highway patrol is investigating a head-on crash that killed both drivers. It happened at mile marker marker 102 along US-1 in Key Largo Sunday evening. 79-year-old Ralph Sheffler was driving his van south while Maria Esteves, of Miami, was driving a north when, for unknown reasons, Sheffler crossed the center line of US-1 and crashed head-on into Esteves' car. She died at the scene. Sheffler was flown to Ryder Trauma Center in Miami, where he later died.

The Florida Keys are beautiful this time of year, but many stretches of the scenic drive south are single lanes. For this reason, it's crucial to stay alert and undistracted by the scenery while driving in the Keys. Out legal team at the Law Offices of Robert Rubenstein handles every kind of car, truck and motorcycle accident. For a free consultation contact out attorneys at 1-800-FL-LEGAL (355-3425). We have offices in Miami-Dade and Broward counties.

rubensteinlaw.com
A Miami-Dade man is recovering and lucky to be alive after his car plunged into Biscayne Bay this weekend. According to witnesses, the car drove into the water near Northeast 106th Street and Biscayne Bay. Five men jumped into the water and were able to pull the unconscious 81-year-old man through the driver's side window.
The driver is expected to recover and he's very fortunate.

Every year more than 10,000 drivers are involved in water immersion auto accidents. Of those, several hundred become trapped in their cars under water and die. There are life-saving tips all Florida drivers should know thanks to our many bodies of water here in the Sunshine State.

Once your car has entered water it usually takes between two and ten minutes for it to sink, depending on the speed of the car at the time of impact. If you remain calm and follow these steps, you have a good chance of getting to safety:

1. Stay calm. Take a deep breath then take charge of the situation.

2. Open the window(s). Tell all passengers to do the same or open theirs from your console. If your car is in a swift moving current open the window(s) on the side opposite the water flow direction. This will minimize water rushing in and it will be easier to exit. In strong currents exiting through a sun roof may be your best option.

3. Unfasten your seatbelt. If possible keep one hand on the open window ledge as a point of reference. As the car begins to sink it may roll over and this will help keep you oriented.

4. Exit through the window(s). If there are children or others less able in the car, if possible help them out and then exit immediately.

5. Swim to safety. If you are under water and not sure which direction to swim, allow a few air bubbles to escape your mouth and follow them toward the surface.

The Law Offices of Robert Rubenstein has more than 25 years experience handling all kinds of car and truck accidents. For expert help or answers to your accident questions, contact our legal team at rubensteinlaw.com or 1-800-FL-Legal (800) 355-3425.

rubensteinlaw.com

Broward County has taken a step toward safety for nighttime drivers at one local intersection. The county has made traffic light changes to the intersection where a teenager was killed in car crash three months ago by no longer allowing them to blink at night.

The traffic lights were blinking the night Alejandro Romeo, a student at Coral Glades High School, was killed at the intersection of Riverside Drive and Coral Ridge Drive. Romeo died at the scene. He was a passenger in a Honda Civic driven by his mother, Maria Uribe. The lights at the intersection were blinking red on Riverside and blinking yellow on Coral Ridge at the time, according to police. That's when the accident happened. A driver in a truck broadsided the Civic on the passenger side, where Romeo was sitting. After hitting the Civic, the truck careened into Riverside Elementary School. County officials are hoping this change to the traffic light will reduce confusion and, ultimately, car accidents.

For more information on Florida car or truck accidents, contact the Law offices of Robert Rubenstein at 1-800-FL-Legal ( 1-800-355-3425). The consultation is free.

rubensteinlaw.com
South Florida is paradise this time of year, but very shortly thousands of drivers will hit the road and head north for the holidays. It's great to see friends and family for Christmas, but getting there can be far more dangerous than it seems. I hope you'll steer clear of these top driving dangers and avoid a car accident during the busy holiday season:

Drunk Drivers

Over the winter holidays, you're three times more likely to die in alcohol-related vehicle crashes than during comparable time periods the rest of the year, according to the National Institute on Alcohol Abuse and Alcoholism. About 40% of traffic fatalities during winter holidays involve an impaired driver, compared with 28% for other deaths in December. You may know this already, but did you know drinking alcohol can affect the brain for hours even influencing a person's driving the next morning?
Caffeine does not help rid the body of drunkenness.
If you choose to drink, don't have more than one drink per hour.
Try to alternate with non-alcoholic drinks.
Choose a designated driver.

Dangerous Roads

Here in Sunshine State, the worst road condition we have to deal with is rain. In many parts of the country, snow and ice covered roads are the norm during the holidays. Ice can cause your car to spin out and collide with other cars.
Check the weather forecast frequently before heading into bad weather.
Avoid unpaved roads when possible.
Avoid night driving because ice is hard to see in the dark.
Plan alternate routes in case a road is blocked.
Have your car inspected prior to your trip.
Keep your insurance card and registration handy in the event of an accident.

Tired and Distracted Drivers

Tired drivers can be more dangerous than drunk drivers behind the wheel.
Take frequent breaks when driving and switch drivers if you start to feel fatigued.
Avoid driving during night hours when tired drivers are most likely to be on the road.
When driving, use and hands free device if you must make and receive calls.
If you must send and read text messages, pull to the side of the road to avoid
distracted driving.

For more information on Florida car accidents, contact the legal team at the Law Offices of Robert Rubenstein at rubensteinlaw.com or 800-FL-Legal. We have attorneys in Miami-Dade, and Broward and we handle cases all throughout Florida.

Have a healthy, happy and safe Holiday Season!

Florida drivers currently have no legal requirement to leave their cell phones off while driving, but that may soon change. This week the National Transportation Safety Board (NTSB) recommended all states ban cell phone use behind the wheel, becoming the first federal agency to call for an outright prohibition on telephone conversations while driving. The push is the result of more than 3,000 car accident deaths last year alone due to cell phone distractions. Case in point...

Naples, Florida 2008 - A cyclist was struck and killed by a driver who was sending a text when at the time of the crash.

Tampa, Florida 2009 - A teen driver, texting with her friends, slammed into the back of a police cruiser, sending everyone to the hospital.

Kentucky 2010 - A semi-truck with a 53-foot-long trailer collided with a 15-passenger van, killing 11 people. The truck's driver was on his cell phone at the time.

These are just a few examples of what lawmakers are now trying to prevent. In an historic move, the city of Parkland, Florida (Broward County) banned text messaging while driving. If caught, drivers there face a $100 fine. Now, the Federal government is seeing the merit of such legislation and Florida lawmakers may follow suit.

The NTSB does not have legislative power, but as the nation's leading federal safety advocate it has influence. The agency has indicated it will provide political cover if Congress or the White House administration wants to take on the powerful cell phone industry lobby. Ultimately, the lawmaking would be up to the States but Congress could opt to use control of federal money to influence the states, as it has on such issues as seat belts and legal drinking age.

At least six distracted driving bills have been filed for Florida's 2012 legislative session. The Legislature returns Jan. 12. Florida Governor Scott, a conservative Republican, does not appear supportive of a handheld cell phone ban. In 2011, he vetoed a bill (HB 689) that would have required the DMV to provide education on the dangers of electronic distracted driving.

The Law Offices of Robert Rubenstein has more than 25 years experience with Florida auto, truck and motorcycle accidents. If you've been injured in an accident or you simply want more information on your legal accident rights, call our legal team at 1-800-FL-Legal (800-355-3425) at Rubenstein Law.

Floridians survived another year of frantic Black Friday shopping but at what cost? Over the Thanksgiving holiday a 36-year-old Florida Target store employee drove her car into a 20-foot deep canal after working the night shift on Black Friday. Police say the woman lost control of her vehicle due to exhaustion. She was unable to swim, but managed to call police from her cell phone and explain the situation as she and the car began to sink. Despite a rescue attempt by a Palm Beach County sheriff's deputy, the woman died.

Unfortunately, this type of accident is becoming increasingly common in the United States. According to a AAA study, one-fifth of all traffic accidents in industrialized nations can be attributed to sleepiness behind the wheel. What's more shocking is the study found it only takes two hours of continuous nighttime driving to produce impairment comparable to a blood alcohol concentration of 0.05%; after three hours of driving impairment corresponds to a 0.08%. That's the same amount of impairment that would get a driver arrested for drunk driving.

As the winter holidays approach, many of us will take to the roads to visit loved ones. I hope you'll all stay safe this season and remember to only get behind the wheel wide awake, sober, and ready to focus on the road. Sleep experts recommend drivers only drive during the day, but if nighttime driving is necessary it's best to limit your driving to two hours at a time. If you do need help after an accident, contact my car accident legal team at Rubenstein Law or call 1-800-FL-Legal (800-355-3425).

South Florida weather is perfect for motorcyclists this time of year and it's a popular pastime in the Sunshine State. But it's also a deadly one.

Just days ago, a Broward motorcyclist died when he crashed his bike into the guardrail of a Florida Turnpike ramp. Even his helmet didn't save his life. Fortunately, he didn't have a passenger on his bike at the time. The number of motorcycle passenger deaths due to accidents went up 27% last year, according a recent Florida's Highway Safety & Motor Vehicle report. There were close to 7,500 motorcycle accidents last year and nearly 400 deaths. Of those, 33 were passengers on the bikes.

Even the safest and well-trained riders are not immune to accident injuries. This year's popular Biketoberfest 2011 in Daytona Beach ended with six fatalities due to motorcycle accidents.

Why so many motorcycle crashes? Some blame the repeal of the helmet law in Florida. In 2000, Florida stopped requiring motorcyclists to wear helmets. The number of fatalities due to motorcycle accidents jumped to 81% in the first three years after the repeal took effect. (National Highway Traffic Safety Administration) Deaths among Florida riders 21 years old and younger nearly tripled after 2000. (Riders younger than 21 must still wear a helmet.)

The legal team at the Law Offices of Robert Rubenstein has extensive experience with motorcycle and auto accidents. The firm can also answer questions about which type of motorcycle insurance coverage you should carry. In Miami (305) 661-6000 and in Broward (954) 661-6000.

If this isn't reason to have the proper auto insurance, I don't know what is. A recent report by Carle Insurance Comparison ranks Florida drivers the worst behind only Louisiana, Missouri and Texas. The data were compiled from three sources: The National Transportation Safety Administration (driving fatalities), The American Motorists Association (which hands out the most tickets), and MADD (drunk drivers). The results...the farther south you go, the worse the drivers.

The ranking itself may shed some light on why Florida ranks so poorly. Florida is the state with the most traffic tickets. Faster speeds lead to more crashes. So, just how does the nation stack up? Here's what the study found:

The Top 10 Worst Drivers (by state)

#10) South Carolina

South Carolinians were ranked as careful drivers, but got a low ranking for "failing to obey road signs."

#9) Alabama
#8) Montana

Montana drivers don't get very many traffic tickets, but scored terribly for fatalities and drunk driving.

#7) Kentucky
#6) Arizona
#5) Oklahoma
#4) Florida

Some good news, Florida scored well on the drunk driving ranking (being much lower than other states), but it dominates the country in traffic tickets and speeding.

#3) Texas
#2) Missouri
#1) Louisiana

So, how do you know if you're properly insured? The Law Offices of Robert Rubenstein handles every kind of car and truck accident and our legal team can answer your accident or auto insurance questions for free. Miami - (305) 661-6000. Broward (954) 661-600. 1-800-FL-Legal (800) 355-3425.

Florida is home to thousands of hip and knee replacement surgeries every year and some of the products used in those replacements have been recalled. Now, there is new evidence of the metal on the implants shedding tiny particles of metal as they wear. In some cases, this has led to patients showing elevated levels of cobalt and chromium in their bloodstream.

At this time, it is not possible to know who will experience a reaction, what type of reaction they might have, when the reaction will occur, or how severe the reaction will be. However, according to the FDA, the metal particles around some implants can cause damage to bone and/or tissue surrounding the implant and joint.