Sarasota Injury Lawyers Blog

A slip and fall accident injury can happen just about anywhere. The following locations are common for slip and fall accidents:

                Grocery Stores: If your slip and fall accident occurred at a “big box” store such as Walmart or Home Depot, your case can become quite complex and you should seek the advice of a slip and fall accident attorney. Proving responsibility for the fall can be difficult and many of these types of stores will require that incident reports be filled out.

                A private residence: These lawsuits can be tricky and you will have to deal with the owner’s homeowner’s insurance company.

                Hotels: Hotel slip and fall accidents can be similar to slip and fall accidents at big box stores. The procedures for incident reports may be different at hotels.

                Public Areas: Any claim against a public entity could possibly be the fault of a government entity and that can be a serious challenge. If you sustain injuries on public property, please consult an attorney.

                Apartments: A slip and fall accident at an apartment can be the fault of the tenant or the landlord or both. The circumstances of the accident can help determine who was responsible for the hazardous condition.

                Work: Some workplace slip and fall accidents can be covered by Workers’ compensation. In other cases, legal action may be required. Continue Reading

Just recently in Florida, a horrific van accident claimed the lives of eight people. The van was carrying a group of people from a church revival in Fort Myers to their home in Fort Pierce. Along the way, the driver of the van missed a stop sign and plunged into a shallow ditch. Eight people were killed and two others were left in critical condition. The van was equipped to hold fifteen people and was carrying eighteen people instead. The National Highway Traffic and Safety Administration (NHTSA) has issued many warnings that 15 passenger vans are at high risk of rollovers especially if they are over-loaded. Newer 15 passenger vans now come equipped with electronic stability control systems. The older models don’t contain these features and drivers are more likely to lose control. The NHTSA’s research shows that a 15 passenger van carrying 10 or more occupants has a 3 times higher rollover rate than one carrying 5 passengers or less. Continue Reading

Walmart has agreed to pay $10 million to the family of James McNair, the comedian who was fatally injured by a Walmart truck driver. The accident was heavily publicized because it left popular comedian Tracy Morgan with a traumatic brain injury. According to reports, the truck driver involved in the McNair/Morgan crash had not slept for over 24 hours prior to the tragic accident. There are approximately 2 million truck drivers in the United States and there are about 4,000 fatalities every year from truck accidents. The National Transportation Safety Board (NTSB) has a list called their “most wanted list” and they would like to see all trucks equipped with:

                Rollover stability control systems

                Electronic logging devices

                Lane departure warning systems

                Collision warning systems

                Tire pressure monitoring systems Continue Reading

About half of all traumatic brain injuries are caused from motor vehicle accidents. A brain injury can occur when a person’s skull strikes a windshield or steering wheel. The skull does not necessarily have to be penetrated for a TBI to occur. The force of an impact can cause the brain to collide with the hard bone of the skull. Sometimes, a TBI can occur due to a defective vehicle. A defective part, such as defective airbags, defective seatbelts, defective tires or any automobile defects that can lead to rollover accidents can be devastating and lead to catastrophic or even fatal injuries. Continue Reading

A tragic accident fatally injured a 50 year old man on Monday, March 30, 2015 on University Parkway near Lockwood Ridge Road in Sarasota, Florida. Robert Fabrizio of Sarasota was attempting to cross the eastbound lanes of University Parkway when he was struck and killed. The impact of the accident caused Mr. Fabrizio’s head to strike the windshield of a vehicle driven by Generosa Mueller, 84, also from Sarasota. After he hit the windshield, Mr. Fabrizio was thrown into a sign in the center median. Continue Reading

Due to the high number of uninsured drivers combined with the low minimum insurance requirements, Florida is officially the worst state in which to get into an accident. 23% of the drivers on Florida’s roads have no insurance. Maine had the lowest number of uninsured drivers at just 5% having no insurance. California was ranked close to the bottom. Even though the underinsured rate in California is only 14.7%, California’s minimum insurance requirements are even lower than Florida’s, giving that state a poor rating. Florida only requires PIP (personal injury protection) coverage and other coverage is optional. Many other states require bodily injury or uninsured motorist coverage. Continue Reading

Last year in Florida, 120 bicyclists were fatally injured in traffic accidents. March has been declared “Bike Month” in Florida so it seems fitting to blog about Florida’s extremely high rate of fatal bicycle accidents. Florida is the most dangerous state in the country for cyclists. The publication News Press has published a series entitled “Paths to Peril” and in it, they describe the people who lost their lives in Florida bicycle accidents. The report analyzed five years of data on 1,400 Lee and Collier County bicycle accidents. Lee County came in third highest in the state for the highest number of bicycle accidents in 2014. There were eight bicycle accident fatalities in Lee County in 2014. In 2014, four people died in bicycle accidents in the entire state if Iowa! Continue Reading

With all the new advanced technology for motor vehicles, car accident fatalities are decreasing. Unfortunately, the same cannot be said regarding motorcycle accident fatalities. According to the Centers for Disease Control (CDC), motorcycle accident fatalities doubled between 1998 and 2008. Motorcycle accident injuries can often be catastrophic. A Sarasota or Bradenton motorcycle accident can potentially lead to:

            Life-altering injuries: Motorcycle riders have little chance against the size and force of cars and trucks, and many times riders are ejected from their motorcycles and thrown for quite a distance. Burn injuries are also quite common in motorcycle accidents because the fuel tank is exposed. Spinal cord and brain injuries often result from these types of accidents and can lead to permanent injury. Continue Reading

The fatality rate for Florida bicyclists is three times the national average. In Florida in 2012, 120 cyclists were fatally injured in traffic accidents. Florida’s roads are extremely dangerous and they were not designed for cyclists or pedestrians. A recent report from News Press addressed some misconceptions people have about bicycle accidents. Following are some facts regarding Florida bicycle accidents:

            The average age of an at-fault driver in an auto/bicycle accident is early 20’s or mid 40’s.

            In most fatal auto/bicycle accidents, it was the motor vehicle driver, not the cyclist who was at-fault.

            The vehicles most often involved in an auto/bicycle accident were compact cars.

Factors Contributing to Florida Bicycle Accidents:

            Population: Florida’s population has swollen from 3 million in 1950 to over 19 million today.

            Weather: Bicyclists and pedestrians can be found traveling in Florida year round.

            Driver Behavior: Aggressive and distracted drivers are prevalent on Florida’s roads.

            Tourism: More than 80 million people visited Florida in 2010. Continue Reading

The Motor Carrier Act of 1980 requires freight carriers to have minimum insurance coverage limits of $750,000. The Federal Motor Carrier Safety Administration (FMCSA) has not updated these requirements in over 30 years. There has been pressure recently to raise the insurance requirements to $4.6 million. Almost 4,000 people were fatally injured in large truck accidents in 2012. Tens of thousands more were injured. Many victims of large truck accidents sustain traumatic brain injuries (TBI’s). Treatment for a TBI can cost more than $8,000 per day! The insurance limits that may have been sufficient in the 1980’s are not sufficient today and must be increased. A report from the FMCSA that was issued to Congress in April, 2014 stated the following:truck rollover

                “Current insurance limits do not adequately cover catastrophic crashes due, in part, to the significant increases in medical costs associated with injury since the current minimum insurance levels were set in 1985.”

                “The costs for severe and critical injury crashes can easily exceed $1 million.”

                Many truck accidents involve multiple vehicles and/or multiple victims which leaves many truck accident victims with little or no recovery. Medical expenses have skyrocketed since the 1980’s. An increase in insurance limits would also increase safety as insurance companies insuring trucks for $4.6 million would be less likely to cut corners in order to protect their bottom line. Safety shortcuts in the trucking industry cause hundreds of trucking accidents every year.

Parents Against Tired Truckers:

                Parents Against Tired Truckers and Citizens for Reliable and Safe Highways are part of the Traffic Safety Coalition and they give the following reasons for their position on raising insurance limits for trucks:

                “Minimum levels of insurance for trucks have not been increased in over 30 years and are woefully insufficient.”

                “Consequently a large portion of the damages caused by motor carriers at or near the minimum is imposed upon the American public.”

                “The underinsured segments of the industry are effectively subsidized by American taxpayers through unreimbursed social welfare programs including Medicaid and Social Security.”

                “If all of the industry were required to absorb more of the losses they cause, significant changes in the industry would occur, resulting in safer highways for all.”

                Since 1980, all expenses related to trucking accidents have increased. In addition, trailers have been allowed to expand to 53 feet in length. Truck weight has also increased. We have accepted death and catastrophic injury as the cost of doing business and that cost has been shifted to the public and the American taxpayer.

Truck Accident Attorneys in Sarasota and Bradenton Florida:

                If you have been injured by a negligent truck driver, please contact the truck accident attorneys at Michael L. Morgan Law Group, P.A., at (941) 953-4555. We work on a contingency fee basis, so there is no cost to you unless we recover on your behalf. We will work to obtain the best possible compensation for your medical bills, loss of income, future medical bills, future loss of income and pain and suffering. Please call us to schedule a free consultation.

 

 

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