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Florida Personal Injury Law Blog

Proving another party's negligence after a car accident

Following a car crash, a victim could suffer greatly. Due to the losses and damages of a car accident, the injured party might consider filing a civil action. This could help provide them with compensation to cover expenses related to the accident.

In accidents where a negligent driver injured the victim, the victim will often need to provide a compelling case in order to prove the other driver's negligence. There are five elements that need to be fulfilled in order to prove negligence, and these elements could be supported by evidence or testimony. First, there needs to be a duty. In the case of a car accident, the driver had the duty to drive safely and uphold the standard duty of care while operating a vehicle. Next, there needs to be a breach of that duty. This could be speeding, failure to yield, texting while driving or other forms of reckless driving.

Navigating a workers' compensation claim in Florida

Our firm understands that when an employee is injured at the workplace their ability to cover their bills and maintain their lifestyle could be constrained. A workplace accident could seriously injure or even permanently disable a worker. Recovering from a work-related injury is important for the employee to return to work and avoid a significant amount of lost wages. While some workers might be able to return to work after an accident in the workplace, some might require a lengthy recovery. This is why it is important to consider workers' compensation following an incident in the workplace.

No matter the cause or type of workplace accident an employee is involved in, it is important that workers understand their rights. Compensation could be available to those suffering from a work-related injury. If they seek to file for workers' compensation, the employee might have to go through a process before any funds are received.

OSHA investigation finds willful violations at explosion site

There are certain jobs in Gainesville that are, by their sheer nature, risky. Those who are employed in jobs that involve labor and working with dangerous materials may not realize that there is a chance that an accident can occur. When it happens, those who were hurt and their families will be faced with the long-term consequences, medical expenses and other issues that accompany a workplace accident. Injuries are made even worse when they are believed to be the result of violations at the job site.

An explosion that injured two men working on a gas pipe was found to have occurred due to safety violations on the part of the employer. The workers were altering a pipe for the supplying of gas when there was a pressure explosion. One of the workers was permanently disabled, while the other suffered an injury to his leg. The OSHA investigation found that the company should have ensured that there was an adequate vent to prevent the explosion from happening. An OSHA violation is referred to as "willful" when the company is aware that there were dangers but did nothing to mitigate those dangers. Two of the violations were considered willful, with seven serious violations.

Gainesville woman seriously injured in bike accident

Victims who have suffered harm in a bicycle accident may find that they could benefit from help with the physical, financial and emotional damages that may accompany a bicycle accident. A bicyclist was recently seriously injured when she was struck by a dump truck that was exiting a construction site. The Gainesville woman was transported to the hospital in serious condition. The 49-year old victim was travelling north on the north shoulder sidewalk when the dump truck, travelling south, attempted a right turn and struck her. The dump truck struck the bicycle, knocking the victim to the ground. The dump truck's tires then ran over the woman's left leg. According to authorities, charges are pending further investigation. The dump truck is owned by a construction company.

Bicycle accidents can lead to serious injuries, medical expenses and the possibility of long-term medical care. Bike crashes can be both devastating and debilitating for victims and, depending on the circumstances, bike accidents can lead to broken bones and other serious injuries. Because of the obvious size disparity between bicycles and vehicles they often share the roadways with, victims can suffer serious injuries and damages.

Wrong-way driver collides head-on with car on Florida highway

Whether a driver is traveling during the daytime hours or at night, it is important that they always remain attentive and practice safe driving habits. Even a small distraction or simple negligent act could lead to a collision, so it is crucial that drivers uphold the standard duty of care while behind the wheel of a vehicle. Failure to do so could result in a serious or even fatal crash and could seriously impact the lives of many.

Authorities in Florida recently responded to a head-on crash in Thonotosassa. According to preliminary reports, a late night accident occurred between a pickup truck and an automobile. The crash occurred on Highway 301 near Stacy Road. Authorities believe that the pickup truck was traveling north in the southbound lanes on U.S. 301. Around 10 p.m., the pickup truck crashed head-on with a southbound car.

Truck accidents increase as economy improves

If readers feel like they have noticed more news stories and instances of accidents involving semi-trucks, they may be right. Truck accidents have increased in the past few years and one certain Florida counties in particular has seen the highest number of these crashes.

The Federal Motor Carrier Safety Administration reported that instances of both deadly and non-deadly truck accidents jumped 7 percent since 2010 and Duval County ranked seventh highest in truck accidents among Florida Counties. The county already reached the 50-accident mark by February of 2014. One local driving school instructors blamed these numbers on the fact that Duval County is a major logistics hub and also home to one of the largest ports in Florida.

Speeding may have played role in serious car accident

Every town, city and metro area has those certain stretches of road that are more dangerous and prone to accidents. These passages are often treacherous on their own, but when negligent or reckless drivers are added to the mix, travel can become deadly.

Miami is dealing with a recent fatal accident that occurred on a particularly hazardous stretch of road. US 41 underwent reconstruction recently in order to make the emergency lanes wider and add reflectors. Law enforcement officers say that the new road makes many drivers feel as if they can push the speed limit and aggressively pass other vehicles. The accident at issue occurred on this road next to Gator Park. The two-car accident left both drivers dead and one car damaged so badly that it was unrecognizable. Investigators could not even determine the make or model of one of the vehicles until they discovered a Mustang logo.

Florida county sees high number of recent work injuries

It has not been a good summer for Broward County. In the past seven weeks, there have been at least six workplace accidents that resulted in a fatality, which raises the question of possible unsafe working conditions. The latest fatality occurred when a beam collapsed at a construction site and knocked three men off a ladder and scaffolding, injuring two and killing one.

The construction side accident happened in Fort Lauderdale, where work is being done on a local car dealership. According to law enforcement, the beam collapsed on the workers when a crane lowering the beam lost support of the joist. The victim was 29-years-old. The other two workers are expected to fully recover from their injuries.

Florida bicyclist killed when car hit back tire

During the summer, Floridians are out and about enjoying the long days, beach trips and holiday weekends. Many residents, even tourists, head out on their bikes this time of year, whether it's to get to work or simply ride for fun. Sadly, bike rides can quickly turn tragic if the bicyclist is involved in a car accident.

Bikes are no match for motorized vehicles and this was evidenced recently when a Wellborn, Florida man was killed when a car hit his bike. The accident occurred during the morning hours when a female driver veered slightly off the side of the road and onto the shoulder. That's when her right front tire struck the 50-year-old bicyclist's back tire. The man was travelling along the edge of the road closest to the shoulder. The impact ejected the man off his bike and onto the hood of the woman's vehicle.

Serious injury and death involved in holiday boat crash

Major holidays, like Independence Day, come with increased travel and traffic on the roads. In the summer, rivers, lakes and oceans also see increased boat traffic as Florida residents spend their vacation time on the water with friends and families. The water is also a fun place to watch fireworks shows, which is what many people in Miami were doing on the recent holiday. But, just as heavy road traffic might lead to an increase in car accidents, heavy boat traffic can also be dangerous, especially if a negligent or reckless driver is involved.

This Independence Day saw chaos after a fireworks show in Biscayne Bay. Following the show, a large boat crashed into another boat, killing four people. Others involved in the accident suffered serious injuries. The 32-foot boat was carrying five people when it hit the second vessel, tossing the driver and another passenger overboard. The remaining passengers were knocked unconscious.

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