Posts Tagged ‘causing’

Could Fatigued Doctors Be Causing Car Accidents in Miami Lakes and Across South Florida?

Thursday, February 21st, 2013

New research from the Mayo Clinic has found that 11% of medical interns surveyed admitted to being involved in a car accident while being involved in training. Another 43% of medical interns reported a near-miss. While training to become doctors, medical interns often get inadequate sleep and face extreme stress due to the pressure of their studies. The combined pressure and lack of sleep may mean that interns are getting into accidents caused by fatigued driving and distraction.

What Can be Done to Prevent Car Accidents Caused by Fatigued Driving?

In many cases, medical interns experience fatigue because of a culture of high-pressure and long-hour education. While technically the number of hours that medical interns work could be reduced, since the medical training system has always taken place in this manner there is not much pressure to change. This is despite the fact that fatigue may also contribute to medical mistakes and potentially medical malpractice claims in Miami Lakes and across South Florida. After all, if doctors and medical interns are too tired to drive, they may also be responsible for misdiagnosis and other preventable mistakes because they are too fatigued to place their full focus on their job. Changing the culture would go a long way towards preventing personal injuries caused by medical mistakes and by traffic accidents, some experts agree.

Who is Liable in These Types of Car Accidents in Miami Lakes?

If you have been injured in a car accident or pedestrian accident in Miami Lakes or another community caused by a fatigued driver, who is responsible? In most cases, the other driver will be the at-fault driver, but proving fatigued driving can be difficult. It often requires a personal injury attorney working with a private investigator to find answers. In some cases, if a medical intern caused an accident, the place of work may be held partly liable. If the vehicle of the at-fault had a mechanical defect, the manufacturer of the vehicle may also be held partly liable.

Finding multiple liable parties improves the chances that you will be able to pursue fair compensation after an accident. This in turn can help you pay for medical bills, car repair costs, lost income, and other costs associated with the accident. A good personal injury attorney in Miami Lakes or your community will carefully investigate your accident and will aggressively fight for your rights so that you do not have to pay the often-catastrophic costs of your injuries out of pocket.


Florida Car Accident Lawyer Blog

How to Prevent Your Teen From Driving Distracted and Causing a North Miami Car Accident

Wednesday, December 26th, 2012

Distracted driving is a key cause of Florida and North Miami traffic accidents. Research has also shown that teen drivers are more likely than adult drivers to be involved in a car accident. Many parents worry about the statistics and worry about the fact that their teens maybe driving distracted, putting them more at risk of a North Miami car accident. However, there many things that parents can do to help prevent their teens from driving distracted:

1) Make sure your teen knows what driving distracted is. Some teens assume that checking their cell phone very quickly does not amount to distracted driving. It is important to emphasize to teen drivers that taking their eyes or their mind off of driving for even a fraction of second is enough to cause a serious North Miami traffic accident. List all the types of distracted driving possible — including changing a CD, talking to passengers, daydreaming, etc. Make sure that your teen understands that there are many ways to be distracted and that all of them can lead to a North Miami truck accident or car accident.

2) Make sure your teen knows the laws. Some drivers assume that since Florida does not ban texting and driving, it is safe to do in the car. Many research studies, however, have proven that distracted driving can lead to traffic accident and can actually be just as risky as North Miami drunk driving. In addition, Florida law does allow someone who was injured in a car accident to pursue a legal claim against an at-fault driver who was driving recklessly. Therefore, even if your teen does not technically break the law by texting and driving, if the texting causes injuries in a car accident they could be held liable. Make sure your teen understands this law.

3) Help your teen understand the consequences of distracted driving. There are many online resources that describe in graphic detail how families have been torn apart and how people have suffered catastrophic North Miami head injuries, spinal cord injuries, burns, and other serious injuries as a result of distracted driving. Oprah aired an entire episode a few seasons ago about distracted driving. In addition, many law enforcement agencies have information about distracted driving, including information about how catastrophic the results of this type of driving can be. Gather a number of resources and watch them with your teen so that they can see firsthand just how a few seconds of texting or distracted driving can lead to tragedy.

4) Work with your teen to raise awareness about distracted driving. If your teen is able to get involved with raising awareness about distracted driving, he or she may be less likely to drive distractedly themselves. Consider volunteering your time and efforts with an organization dedicated to helping prevent distracted driving. It may help teach your teen driver how important it is to keep their full focus on the road while driving.


Florida Car Accident Lawyer Blog

North Carolina driver accused of DWI after allegedly causing two crashes

Saturday, October 20th, 2012

Authorities say that a Burlington, North Carolina man was involved in a series of accidents Wednesday. Police say the man caused two car accidents, involving six cars around 3:30 Wednesday afternoon. The North Carolina Highway Patrol reportedly responded to the scene of the second accident in the area, and troopers quickly concluded that one of the drivers had been involved in the two separate accidents that occurred minutes apart.

No serious injuries were reported in either car accident. But troopers reportedly arrested a Burlington man on suspicion of a string of serious charges at the scene of the second crash. Law enforcement believes that the man was under the influence.

He faces charges for allegedly driving while impaired, driving while revoked, driving with an open container in his vehicle, and careless and reckless driving. In addition to those charges, troopers accuse the man of felony hit and run.

Law enforcement booked the 30-year-old man into the Alamance County Jail where he was held on ,400 bond. Officials claim that the man also had an outstanding warrant for failure to appear for prior DWI charges.

Car accidents occur all over North Carolina on any given day. News reports often indicate whether or not police suspect the involvement of alcohol or drugs in most car accident stories. Often, people infer that drugs or alcohol are involved. But an inference of impairment remains an allegation in the eyes of the courts, unless and until there is proof beyond a reasonable doubt.

The presumption of innocence is an important concept that cannot be overlooked. Even when tragedy is involved, a defendant is protected by specified constitutional rights. Those important rights serve as part of the very foundation of our country.

Source: WGHP Fox 8, “Police: Burlington man charged with DWI after causing 2 wrecks,” Ryan Sullivan, Oct. 5, 2012

Greenville DUI Attorney Blog | North Carolina Underage Drinking Lawyer | Pitt County First DUI Law Firm

Is Poor Adherence to Safety Guidelines Causing Children to Be Injured in Miami Gardens Car Accidents?

Friday, September 21st, 2012

Across the country, each year over 140 000 children are admitted to emergency rooms due to injuries caused by car accidents. Car accidents remain the leading cause of death for children older than three years of age. Despite these statistics, many pediatricians and childcare experts note that the majority of parents are not correctly securing their children into car safety restraints.

According to experts, a big part of the problem is that the safety guidelines when it comes to children and cars is confusing – and changes often. The safety seats of just a few years ago have been replaced with new guidelines and new devices. Worse, the laws concerning child safety restraints vary by state. Pediatricians and experts recommend that parents follow the guidelines available through the American Academy of Pediatrics (AAP). The AAP guidelines are clear and tend to be conservative, which adds some extra precaution. AAP guidelines suggest:

1) Children under two years of age should be placed in a rear-racing car seat. This protects a young child most in the event of a Miami Gardens car accident.

2) Children over the age of two should be placed in a front-facing car seat until they reach the weight limit for the seat.

3) Children should use booster seats until they can sit at 57 inches tall (usually this is by about age 11). This is because the rear seat belts are more likely to cut into a child’s neck, face, and chest area in the event of a Miami Gardens truck accident or car accident, possibly causing serious injury. Seat belts are designed for adults, and a booster seat ensures that a child has the height needed to stay safe in an accident.

4) Children should not sit in the front seat until they reach the age of 13 years of age. The rear seat is the safest place for a child in the event of a Miami Gardens traffic accident. In the event of an accident, the child is more likely to hit the soft front seat rather than crash into a dashboard. Since children may not be as tall, air bags in the front seat can also pose a hazard, potentially causing Miami Gardens head injuries in the event of a car collision. Keeping a child in the back seat helps prevent this. In the event of a head-on crash, children will also be more protected in the back.

According to a survey completed by Dr. Michelle Macy of the C.S. Mott Children’s Hospital at the University of Michigan, only about 3% of children between the ages of 1-3 were correctly seated in rear-facing car seats. In the survey of 22 000 children between 2007 and 2009, Dr. Macy also found that only 10% of children between the ages of 8 and 10 were using booster seats.

According to Macy, in addition to following AAP guidelines, it is important to select a car seat with the highest weight capacities possible. This makes the car seat safer for the child and allows a parent to use the car seat for longer, which is financially better for the family as well.


Florida Car Accident Lawyer Blog

North Carolina crime lab is causing delays in DWI, other criminal cases

Monday, August 27th, 2012

Many people suspected of alleged crimes across North Carolina have had the suspicion hanging over their heads for, in some cases, more than a year to delays in the North Carolina State Crime Laboratory. Some cases involving driving while impaired allegations are included in the lengthy delays in cases where the crime lab is asked to perform toxicology testing on a blood sample.

WNCT-TV News in Greenville, North Carolina, reports that the crime lab has less staff than in previous years to process evidence, leading to long delays for defendants in their criminal cases. Directors who run the crime lab also say that an increase in evidence requests has added to delays in processing.

In some areas of North Carolina, prosecutors have had difficulty in getting former analysts from the crime lab into court to testify in North Carolina DWI cases, forcing the prosecutor to dismiss the DWI case, according to WNCT. In many cases, prosecutors seek a continuance, and delay the criminal proceedings for a longer period of time.

A defendant accused of a crime has the right to confront the witnesses against her or him. That constitutional right was addressed by the United States Supreme Court in 2009. The individual crime lab analyst who performs toxicology tests cannot be replaced by a different analyst who may understand toxicology testing to support a crime lab test analysis, if a criminal defendant asserts her or his right to confront the witnesses against the defendant.

Sources say that a laboratory in Asheville could possibly handle blood testing in DWI cases. WRAL-TV reports that the added lab for blood testing could reduce some backlog in processing evidence in criminal cases. The station also says that a district attorney says that Wake County is planning to open its own crime lab next month.

Sources:

Greenville DUI Attorney Blog | North Carolina Underage Drinking Lawyer | Pitt County First DUI Law Firm

Is Marijuana Causing North Miami Car Accidents?

Friday, February 10th, 2012

According to a study published in the latest British Medical Journal, researchers at Dalhousie University have concluded that driving under the influence of marijuana almost doubles the risk of a fatal or serious car collision. The study is an especial concern for motorists, as it is the most used illegal narcotic and use of the drug seems to be growing among drivers.

According to the researchers, driving under the influence of marijuana is a bigger problem now than drunk driving in some areas. Part of the problem, according to the study’s authors, is that marijuana is easy to get, inexpensive, and readily available. As well, while the dangerous effects of drunk driving have been stressed again and again in public service announcements and the media, many young drivers, especially, do not believe that driving under the influence of marijuana is dangerous. According to associate professor Mark Asbridge, who headed the study, even some designated drivers will smoke marijuana, erroneously believing that it will not impair them.

Another problem is that past studies on the effects of marijuana have not always established a definitive link between marijuana use and car collisions, making it easy for some people to suggest that marijuana is a safer option for motorists. The Dalhousie Research team combined data about 49, 411 drivers from the US, France, Australia, New Zealand, and the Netherlands.

All the car accidents examined in the study involved at least one vehicle on a public road.
According to the study, drivers who used marijuana within two to three hours of driving faced a 92% greater risk of being involved in a fatal or serious injury. According to the study, marijuana affects spatial awareness, perception, motor skills, and other skills that drivers need to stay safely.

Some countries, including the US, do have saliva roadside tests for marijuana. The tests can detect recent marijuana use, but the tests are not widely used and are controversial. As well, some experts have stated that more research needs to be done to see whether random drug tests of drivers will reduce marijuana-related car accidents.

It is unknown how many North Miami car crashes each year are caused by marijuana use. In many cases, drivers are not tested for the substance after a crash. However, the newest study suggests that more can be done to alert the public about the dangers of driving impaired under the influence of marijuana. Awareness can possibly help to prevent some of the North Miami truck accidents and car accidents caused by controlled substances.

If you have been injured in a North Miami motorcycle accident, car accident, or any traffic accident and you believe that the at-fault driver was driving under the influence, you may want to discuss your case with a qualified North Miami personal injury attorney. An experienced attorney can get you answers about the accident, can determine whether you have a case, and can help you understand your rights and options.


Florida Car Accident Lawyer Blog

Are No-Fault Laws Causing Staged Florida Car Accidents?

Thursday, June 30th, 2011

Twelve states, including Florida, have no-fault car insurance laws, which allow victims of car accidents to recover damages for car accident quickly through their own insurance companies. In exchange, claims are processed quickly but victims can only sue for suffering and pain in cases of severe accidents. These laws were created to ensure that victims – especially those without medical insurance – could recover money quickly. However, some experts claim that the laws are now broken and are contributing to insurance fraud.

In Florida, drivers must have car insurance to drive and this includes personal injury protection (PIP) coverage. This insurance covers the medical costs of the car’s drivers and passengers up to 000. According to the Consumer Federation of the Southeast, however, this coverage has created some unintended effects, so that Florida is now the nation’s leader in staged car accidents.

According to Walter Dartland of the Consumer Federation of the Southeast, the laws have allowed criminals to steal billions of dollars through staged Florida pedestrian accidents and car accidents – by claiming up to 000 at a time. The problem is so bad that experts claim organized crime is involved, sometimes going so far as to smuggle people into the US to take part in staged Florida car accidents.

According to the National Insurance Crime Bureau in Florida, the problem is not so much the law itself as the fact that the system gives people access to money – and anytime there is a possibility of attaining money, there will be a certain element interested in taking advantage of that. Another problem is that it is relatively easy to open a medical clinic in Florida. This allows criminals to work with unscrupulous medical professionals in order to stage Florida car accidents. According to investigators, some of the clinics opened for this purpose provide no medical help at all, but only bill insurance companies.

Florida law requires insurance carriers to pay victims within 30 days of a claim being filed. If insurers fail to pay, healthcare professionals and victims can start legal action against the insurer. In 2010, 2779 suspicious claims in Florida were forwarded to the National Insurance Crime Bureau by insurance companies. This represents a 119% jump in such suspicious cases between 2008 and 2010.

The effects of such fraud are serious. Insurance fraud costs Florida about billion a year and increases the insurance costs for all drivers. In fact, the average family with two cars will pay 0 more annually to cover the losses the insurance industry loses to fraud. There are other, more serious, consequences as well. Even staged Florida car accidents can and do lead to real injuries. When someone stages an accident, they sometimes rear-end other cars or intentionally cause a small accident. Such accidents can still lead to serious brain injuries, whiplash, and other problems for victims. As well, insurance fraud casts doubt on everyone, including real victims of car accidents. Many Florida car accident victims with legitimate injuries find that they have a hard time convincing insurers of their injuries, simply because insurers now look at Florida claims with some built-in suspicion.


Florida Car Accident Lawyer Blog

Dangerous driving causing death nets jail

Saturday, April 5th, 2008

A man whose dangerous driving led to the death of an elderly man is going to jail.

Winnipeg Sun – Manitoba