December 2012 - Jeffrey R. Davis Law

Motorcyclist Killed – Davie, Florida

December 31, 2012/0 Comments/in Automobile & Motorcycle Accidents, Wrongful Death /by Jeff Davis Law

Sunday evening a motorcyclist crashed with a truck, was ejected off his motorcycle and died in Davie, Florida. Although unconfirmed, it is alleged that the motorcyclist tried to pass the truck who was making a left when the truck and motorcycle crashed. The accident occurred in Davie, Florida between Southwest 48 Avenue and Griffin Road. The motorcyclist was airlifted to Memorial Regional Hospital but was pronounced dead. Ironically enough approximately six months ago another motorcycle on Davie Road slammed into the driver’s side of a pickup truck causing the motorcyclists to be propelled approximately 30 feet north of the truck.

By far, helmets remain the most effective way to prevent motorcycle accident related fatalities. In 2008, 43% of fatally injured motorcyclists were not wearing helmets. The U.S. Department of Transportation discusses a brief statistical summary of motorcycle accidents http://www-nrd.nhtsa.dot.gov/Pubs/811642.pdf

Florida’s growing population and growing number of motorcyclists only increase the probability of motorcycle accidents, car accidents, and car vs. motorcycle crashes. Interestingly enough riders aged 45-54 were the age group who experienced the largest number of motorcycle related deaths in Florida. Most motorcycle accidents in Florida occur in Miami-Dade, Volusia, Hillsborough, Palm Beach, Broward, Duval, Orange, Pasco, and Brevard counties.

If you are involved in a motorcycle accident, it is important that you remember the following things:

remain at the scene of the incident;
try to check and identify what your injuries are;
call the police and file a police report;
get the other driver’s information, including insurance information;
make sure that you see a doctor or seek medical attention even if you have just a few symptoms or complaints;
take pictures of your vehicle, the other driver’s vehicle’s, your injuries, the other person’s injuries, and the scene of the accident;
gather any documents proving your inability to work, medical expenses, etc.

It is very important to contact an attorney that is experienced in handling motorcycle accidents. If you are involved in a motorcycle accident, contact a motorcycle accident lawyer as soon as you can in order to make sure that the needed evidence to prove your case is preserved. Jeffrey R. Davis, P.A. has vast experience dealing with motorcycle accidents. There are many factors in any case that can affect the amount of damage that you receive to compensate you for your injuries, hiring an attorney like Jeff Davis to handle your motorcycle accident case can help you obtain the justice that you deserve.

Bicyclist Killed – Hollywood, Florida

December 31, 2012/0 Comments/in Automobile & Motorcycle Accidents, Bicycle Accident /by Jeff Davis Law

A car hit a 52 year-old Bicyclist in Hollywood, Broward County and the bicyclist was pronounced dead at the scene. The accident occurred near Taft Street and Northwest 66 Avenue in Hollywood, Florida. The name of the cyclist and of the driver have not been released by the authorities. It is unclear at this point whether any of the parties were under the influence at the time of the accident. Furthermore, details such as whether the driver was texting will likely be investigated by the responding police agency.

South Florida is no stranger to bicyclists being injured and sometimes killed by cars. It would be difficult to discuss biking accidents without mentioning the death of, Aron Cohen, the 36 year old bicyclist, who was killed while riding his bicycle in Key Biscayne by a hit and run car crash. In addition, according to the National Highway Traffic Safety Administration, Florida is one of the top states for accidents involving bicyclists; 83 bicyclist fatalities in 2010 as a result of a car accident. Florida is currently ranked by the League of American Bicyclists 21 in their Bicycle Friendly State Program, however, this ranking does not take into consideration the number of bicycle involved car accidents per year. The Insurance Institute for Highway Safety documented that in 2010 many more cyclists were killed in urban areas than in rural areas (71% to 28%). Traffic, the large number of motor vehicles on the road, and the ever growing South Florida population, make cycling on the road almost an extreme sport – something it should not be. Many organizations have lobbied and worked diligently to push through legislation that increases bike safety and that provides for sharing the road.

If you or your loved one have been injured by a car while riding a bicycle, you should seek legal advice as soon as possible. As a Florida cyclist you may be entitled to insurance benefits that you did not know were available to you, from your insurance and that of the driver of the car. Jeffrey R. Davis, P.A. may be able to help you if you have been injured by a car, preserve your legal rights and your right to recover the insurance benefits available to you, and the justice that you deserve. The attorneys as Jeffrey R. Davis, P.A., Jeffrey Davis is available to discuss any case you may have concerns about. Contact us for a free consultation regarding your case involving a bicycle accident.

What is My Legal Case Worth? – Florida

December 26, 2012/0 Comments/in Amusement Park Injury, Assaults, Robberies, & Attacks, Automobile & Motorcycle Accidents, Boating Accidents, Dog Bites & Animal Damage, Health Insurance & Life Insurance Denial, Medical Malpractice, Workplace Violence, Wrongful Death /by Jeff Davis Law

Potential clients commonly ask the attorneys of Jeffrey R. Davis, P.A., Jeffrey Davis and Olga Porven, during their free consulation, “What is my case worth?” Many clients create their own case value expectations merely on a result obtained by their friend or family member with a case that they consider similar to theirs. Unfortunately, there is no secrete formula which allows any lawyer to determine the value of your case. There are too many factors to entertain when attempting to place a value on a case for personal injury, especially after the initial consultation. There are many questions that must be answered during the course of the case, questions that usually do not have clear answers.

For example a personal injury lawyer will need to determine:

fault;
the medical attention sought and compliance with medical attention;
the severity of the injuries;
the permanency of the injuries;
the future medical treatment in the future;
the future ability to work;
how much were the medical bills;
did this affect any members of your family;

When discussing your personal injury matter, wrongful death case, or any other case with an attorney, you should be cautious of any lawyer who promises you a certain value for your case. The value of your case has to be evaluated after looking at medical records and having a face to face meeting. Many times it is several months after the accident and treatment that a lawyer may be able to begin evaluating the value of a case. Beware many times insurance companies will approach you early in the case with settlement offers. Before accepting a settlement offer and signing a release, you should consult with a lawyer in order to determine whether the settlement is a fair offer for your injuries. Insurance companies have been known to send field representatives to accident scenes in order to release any potential claims against their insureds.

Jeffrey R. Davis, P.A. evaluates every case individually. Because each case has different injuries, different damages, different circumstances, and different people, each case is given the attention that it deserves. If you would like to meet with an a personal injury attorney and receive a free consultation regarding your Florida personal injury case, contact us at Jeffrey R. Davis, P.A., North Miami based attorneys, Jeff Davis and Olga Porven will work hard to try and obtain a fair value for your case.

What is workplace violence? What can I do?

December 26, 2012/0 Comments/in Workplace Violence /by Jeff Davis Law

OSHA (Occupational Safety and Health Administration) has defined workplace violence as “the threat of violence against workers. It can occur at or outside the workplace and can range from threats/verbal abuse to physical assaults and killings.” The US government has indicated that there are about 2 million workers who are victims of workplace violence each year nationally. Workplace violence can be sexual assault, physical assault, verbal assault, harassment, threats, and murders.

Workplace violence is ever increasing in the United States. After auto accidents, workplace violence is the second leading cause of work-related injury. More recently, workplace violence has been in the spotlight with the number of shootings in schools, at public officials such as Congresswoman Gabrielle Gifford, and at the Empire State Building. Many times issues arise with disgruntled employees who for a lack of better words have gone “postal.” However, pursuant to federal law, your boss is required to provide a safe working environment to their employees. Such things to take into consideration when speaking of workplace violence is the security measures in place and/or the emergency plan (if any).

An employer providing inadequate precautions and safety measures, as required by Federal Law, can lead to personal injury and even death. Examples of injuries and damages include psychological trauma, loss of wages, loss of future earning capacity, any other permanent injury, and death.

Florida is not exempt from workplace violence. In fact, Florida law, Florida Statute 768.096, require that employers conduct a background investigation of each employee in order to be exempt from liability. Unfortunately Florida law creates immunity against negligent hiring is an employer conducts a background check.

If you have been threatened or injured as a result of workplace violence, you must report and document you injuries with you human resources department. It is important that you place your employer on notice of the workplace violence because the law requires that they resolve the issue. It also serves as documentation should the violence escalate and continue.

It is important that if you or a loved one is a victim of workplace violence, you contact an experienced attorney such as South Florida attorney Jeffrey R. Davis. Contact Jeffrey R. Davis for a free consultation or more information regarding handling a workplace violence case.

Bicyclists Struck by Car – Broward County – South Florida

December 26, 2012/0 Comments/in Automobile & Motorcycle Accidents /by Jeff Davis Law

Early Saturday morning a car hit a group of bicyclists in Weston, Broward County and critically injured them. One of the cyclists, George Mayer, after being struck by the vehicle, was airlifted to the hospital. The other three cyclists were also transported to the hospital by emergency personnel. The Broward County Sheriff responded to the accident scene and continues to investigate the accident. It is unclear at this point whether any of the parties were under the influence at the time of the accident. Furthermore, details such as whether the driver was texting will likely be investigated by the responding police agency.

If you or your loved one have been injured by a car while riding a bicycle, you should seek legal advice as soon as possible. As a Florida cyclist you may be entitled to insurance benefits that you did not know were available to you, from your insurance and that of the driver of the car. Jeffrey R. Davis, P.A. may be able to help you if you have been injured by a car, preserve your legal rights and your right to recover the insurance benefits available to you, and the justice that you deserve. The attorneys as Jeffrey R. Davis, P.A., Jeffrey Davis and Olga Porven, are available to discuss any case you may have concerns about. Contact us for a free consultation regarding your case involving a bicycle accident.

Elderly Woman Killed by Truck – Hialeah, Florida

December 19, 2012/0 Comments/in Automobile & Motorcycle Accidents /by Jeff Davis Law

An elderly woman was killed after she was hit by a car while she was on a Hialeah sidewalk Tuesday morning. The pedestrian vs. car accident occurred on 16th avenue and West 53 Street in Hialeah, Florida at about 8:00 a.m. The elderly woman was on the sidewalk of 16 avenue, either walking or waiting for a bus, when her life was taken. Hialeah Police report that the truck who ended up hitting the woman did not have a driver at the time of the accident. The driver of the truck was parked in a nearby parking lot, the truck was in the wrong gear, and then hit the woman. It is alleged that the driver was parking the truck and as he was getting out of the truck, the truck jumped onto the sidewalk, killed the woman and crashed into a school bus with 16 children, causing a motor vehicle accident.

It is unclear if the error in the truck’s movement was human error or a mechanical malfunction. It is clear that there may be many parties who may be liable to the elderly woman’s family and survivors. The same parties may liable to any other individuals who were injured on the bus at the time of the incident. One thing is certain, Hialeah Police, have determined that they have determined that this was not a criminal act. Therefore, victims of this tragic accident will only have civil remedies available to them.

According to early police reports this matter may either by an auto negligence or a products liability matter.

However, certain questions will have to be answered such as:

when was the last time the car was services or repaired?
had the gear box ever been maintained, changed, repaired?;
Is the owner of the car the same individual who was driving the car at the time of the accident?

If you or a loved one is injured or is a victim of a pedestrian versus car accident, it is important to seek legal counsel as soon as possible. A personal injury attorney will be able to document and preserve evidence that will support your potential claim. A car accident lawyer will also be able to request documents such as a your medical records, police records, and court records which will all potential help your future case. Jeffrey R. Davis, P.A., has a vast experience representing injured victims in personal injury and car accident matters. Jeffrey Davis has represented hundred of individuals as a result of the careless driving of others. Jeffrey Davis, car accident attorney, may be able to help you obtain the justice you deserve.

It is important that if you or a loved one is injured in a car accident, you obtain as much information that you can regarding the other driver/party (insurance information, tag, name, address, etc.). You should also make sure that you tell police a simple and concise explanation of how the accident happened. Make sure that you do not accept money or sign any type of release at the scene of the accident. Also, do not get into a fight or an argument with the other driver. Make sure that you do not speak to anyone at the scene other than the police. Many times, an insurance company will send out an immediate response team. They are not on your side. In addition, your insurance may come out to the scene to prove that the accident was your fault or that you were not injured. Olga Porven, Esq., an attorney with Jeffrey R. Davis, P.A., is a former insurance defense attorney. She is well aware of what the insurance companies are capable of and has the experience in dealing with insurance companies to help you obtain potential compensation in your case.

Contact Jeffrey R. Davis, P.A. for a free consultation. One of our attorneys will gladly speak to you regarding your personal injury matter.

Beachgoer Struck by Truck – Hollywood, Florida

December 19, 2012/0 Comments/in Automobile & Motorcycle Accidents /by Jeff Davis Law

Tuesday afternoon, a Hollywood beach sunbather was struck by a vehicle, a Beach Fire Rescue Truck, and suffered injuries as a result of the collision. The driver, a Hollywood Fire Rescue beach safety supervisor, was flagged down after driving over a sunbather while completing his patrol on the beach. Witnesses claim that they saw the truck jump when it ran over the sunbather. People on the beach, the 6000 Block of North Ocean in Hollywood saw the whole incident.

It is reported that the victim was in his 50’s and was transported to Memorial Regional Hospital with cuts and burns from the truck’s exhaust. However, witnesses claim that they saw blood coming from the victim’s eyes, face, arm, and body. The extent of the victim’s injuries are undetermined at this time. Pedestrian vs. car accident however often result in catastrophic injuries, brain injuries, or wrongful death.

As you can recall, in 2011 a Miami Beach Police Officer while giving a tourist a ride on his ATV ran over two beach-goers. In 2006, a Daytona Beach Patrol ran over a tourist. Previously, a Miami Beach police officer was chasing a suspect and ran over two tourists from France and one of them died.

Hollywood supervisors claim that the 55 year old man was laying by a dune and when the supervisor went over the dune he ran over the victim. It is likely that further investigation will be taken by police and fire rescue. It is also likely that they sunbather will have a potential claim against the driver and the City of Hollywood for his injuries.

After being involved in any type of accident (even if you are not in a vehicle) it is important that you do the following:

collect information, including contact information, for everyone involved in the accident, including witnesses;
seek medical attention for your injuries in order to document your condition(s);
talk to an accident lawyer as soon as possible in order to provide you proper representation; and
do not talk to anyone about the accident – especially insurance adjusters.

In this case, the 55 year old man unfortunately suffered this horrific accident, however, he was fortunate that there were many eye witnesses that will be able to support his claim.

Unfortunately, more often than not, catastrophic injuries are usually associated with motor vehicles that collide with pedestrians or individuals who are not within a car. If you or someone you know had been involved in an accident, Jeffrey R. Davis, P.A. can help you go after the justice you deserve. You may be entitled to compensation for medical bills, loss wages, pain and suffering, and future medical bills. Contact us today in order to obtain a free consultation regarding your legal options.

Car Crashes into Child – South Florida

December 17, 2012/0 Comments/in Automobile & Motorcycle Accidents /by Jeff Davis Law

On Saturday, November 15, 2012 at 7:00 p.m. an 8 year-old was struck and killed as a result of a car accident in Lauderhill. The 8 year old-boy, a victim of a pedestrian accident, after being hit by the car was transported to the hospital where he later died. It is reported that the child wandered onto the street and was hit by a car traveling east near the intersection of NW 27 Court and 56th Avenue, a residential neighborhood. Locals call the area “The U block.” Local police are still investigating how the little boy ended up in the path of the vehicles that evening and suffered a wrongful death. Police will surely investigate lighting, the speed of the vehicle, how the little boy ended up in the middle of the street, the location of the guardians/parents at the time of the incident. Police did not charge the 20 year old female driver who struck the little boy with any charges or moving violations. Both the identity of the boy and of the driver have not been revealed by the local authorities.

The National Highway Traffic Safety Association (NHSTA)estimated that in 2010 approximately 4,280 pedestrians were killed and an estimated 70,000 pedestrians were injured in car accidents. In addition Safe Kids USA reported that an average of 355 pedestrian children (ages 14 and under) occur each year. Surprisingly, pedestrian deaths as a result of car accident have been on the rise. The NHSTA estimated that a pedestrian is killed every two hours and injured every eight minutes in traffic crashes. What is alarming for Floridians is that the most dangerous state for pedestrians is Florida.

It is important that at the scene if the car accident you obtain as much information that you can regarding the other driver/party (insurance information, tag, name, address, etc.). You should also make sure that you tell police a simple and concise explanation of how the accident happened. Make sure that you do not accept money or sign any type of release at the scene of the accident. Also, do not get into a fight or an argument with the other driver. Make sure that you do not speak to anyone at the scene other than the police. Many times, an insurance company will send out an immediate response team. They are not on your side. In addition, your insurance may come out to the scene to prove that the accident was your fault or that you were not injured. Olga Porven, Esq., an attorney with Jeffrey R. Davis, P.A., is a former insurance defense attorney. She is well aware of what the insurance companies are capable of and has the experience in dealing with insurance companies to help you obtain potential compensation in your case.

Contact Jeffrey R. Davis, P.A. for a free consultation. One of our attorneys will gladly speak to you regarding your personal injury matter.

Train Crashes Into Car – Pompano Beach, Florida

December 13, 2012/0 Comments/in Automobile & Motorcycle Accidents /by Jeff Davis Law

A Broward driver was killed yesterday when an Amtrak train crashed into her vehicle. Early reports indicate that the driver got stuck between the train gates as an Amtrak train was approaching. Witnesses allege that they saw the driver moving her car back and forth trying to see where she could go and move her vehicle through the gates. People who were walking down Sample Road were simply yelling to the driver to get out of the car. However, the driver never exited her vehicle and the train slammed into the car. Luckily, the car had no other passengers. The car burst into flames and fell in a ditch. The Miami bound train was not derailed. However, passengers reported feeling a jolt and a big thump as the train hit the car.

Florida has a total of 5,109 highway-rail crossings for vehicles and pedestrians. According to the U.S. Department of Transportation Federal Highway Administration, in 2009 there were 1,896 incidents at public highway-rail crossings that resulted in 247 deaths and 705 injuries.

Our thoughts are with the family and friends of the deceased driver. Both Amtrak and the Department of Transportation will have questions such as: Were the railroad gates in working order? Did the driver try to beat the train and ignore the gates? Did the driver’s vehicle malfunction? Did the train operator see the vehicle with enough time to brake and avoid a collision? Were any of the passengers or employees on the train injured?It is important to remember that Railroad companies are “common carriers.” Therefore, they are held to a higher standard of care since they are transporting the public.

If you or your loved one are involved in a train accident, odds are that you will need an experienced and knowledgeable personal injury attorney on your side. It is important that you hire an attorney as soon as possible in order to not miss any deadlines and preserve evidence that will be crucial in making your claim. Jeffrey R. Davis, P.A. has successfully represented injured in individuals in the state of Florida. If you would like a free consultation regarding your case, please contact us.

ATV Accident – Miami Beach

December 12, 2012/0 Comments/in Automobile & Motorcycle Accidents /by Jeff Davis Law

A drunken police officer caused an all-terrain vehicle (ATV) to crash into beach-goers on July 3, 2011 causing catastrophic injuries. The Miami Beach Police Officer, Derick Kulian was assigned to ATV beach patrol. He, along with another Miami Beach Police Officer, mingled on the dance floor of the Clevelander with several women from out of town. It is reported that the officers were drinking while at the Clevlander. However, there is no confirmation regarding the drinks they were consuming. Kulian allegedly took one of the women, the bachelorette, for a ride on the ATV on the sand with the headlights off. Kulian crashed into two beach-goers who were on the beach with friends to watch the sunrise. The injured man suffered a broken leg and the injured woman suffered life threatening injuries which required numerous surgeries. After all her treatment, the female victim sustained a traumatic brain injury.

Paramedics measured Kulian’s alcohol level at 0.088 several hours after the accident. Florida law dictates that anything over 0.080 is presumed to be intoxicated. As a result of the crash, both officers were fired. Friends of the victims claimed that Kulian was driving the ATV at 60 mph before he lost control.

The two individuals injured in the ATV crash filed civil suits against the City of Miami Beach and the former Miami Beach Police Officer. Luckily these suits have not turned into wrongful death actions. Jeffrey R. Davis, P.A. hopes that the victims of this horrific incident obtain justice for their injuries and pain and suffering.

ATV related injuries and/or deaths have been on the rise. According to the Consumer Product Safety Commission, in 2009 there were 649 reported deaths, 781 estimated deaths, and 131,900 estimated number of emergency room treated injuries. Florida ATV related deaths from 2007-2010 currently total 104 but data continues to be gathered. In addition, Florida law simply requires that: 1) ATVs operated on public land be titled; 2) riders under 16 must wear a helmet and eye protection; and 3) ATV use is prohibited on paved roads.

After being involved in an ATV accident it is important that you do the following: 1) collect information, including contact information, for everyone involved in the ATV accident, including witnesses; 2) seek medical attention for your injuries in order to document your condition(s); 3) talk to an ATV accident lawyer as soon as possible in order to provide you proper representation; and 4) do not talk to anyone about the accident – especially insurance adjusters.

Unfortunately, more often than not, catastrophic injuries are usually associated with ATVs. If you or someone you know had been involved in an ATV accident, Jeffrey R. Davis, P.A. can help you go after the justice you deserve. You may be entitled to compensation for medical bills, loss wages, pain and suffering, and future medical bills. Contact us today in order to obtain a free consultation regarding your legal options.