November 2011 Archives

Drowsy Driving a Holiday Danger

303872_so_tired.jpgFloridians 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).

Motorcycle Passenger Fatalities on the Rise

304907_motorcycle.jpgSouth 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.

Florida Drivers 4th-Worst in the Nation

I95.jpgIf 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.

Defective Hip & Knee Implants Causing a New Problem?

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.

DePuy and Zimmer are leading manufacturers and sellers of artificial orthopedic implants. Zimmer's leading knee replacement system is the NexGen Knee Replacement System and has been in use since 1994 with relative success. However, certain Zimmer NexGen knee replacement systems have been linked to pain, loosening of the implant and failure of the replacement knee leading to revision surgery. The NexGen CR-Flex cementless implant, in particular, has had higher than expected rates of failure, either by loosening of the product or need for complete replacement. These failures are believed to be due to a design defect in certain components.

Know what to look for if you think your hip or knee replacement part is defective:

* Unexplained Hip Pain
* Thigh Pain or Groin Pain
* Pain with Walking
* Pain Rising from a Seated Position
* Pain with Weight Bearing

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