May 2010 Archives

Dangerous Products

May 30, 2010

Product Liability Death Attorney

Defective Product Liability Attorney:
Contact Us for a Free Consultation

Manufacturers, distributors and retailers whose defective products cause product liability deaths should be held accountable. Consumers and businesses purchase products in good faith, believing the products are safe for their intended uses. Unfortunately, many products contain manufacturing or design defects that can lead to severe injuries.

Manufacturers may not be the only culpable parties when someone suffers a product liability death. During our investigation of your case, we will explore all possible avenues of recovery and consider the roles played by distributors, retailers and others in contributing to the harm caused. If you feel that a dangerous product caused the death of a loved one, talk to a wrongful death lawyer about a product liability claim.

Dangerous Products - Product Liability Death - Contact Us
More Than 60 Years' Experience - Contingency Fee - (888) 893-9846

The AV-rated* law firm of Greenberg & Stone, P.A., handles defective product and wrongful death cases nationwide with assistance from qualified local counsel. When dangerous products kill innocent people, we are prepared to put our energy and resources to work helping the families of product liability death victims. It is imperative that an investigation into the causes of the accident begin as soon as possible. Defective product liability cases are extremely complex and often require the input of experts across a wide array of professions. Greenberg & Stone is prepared to work with product safety engineers, medical professionals and various industry specialists to fully understand your case.

  • Cars should be designed for safety, but when our car accident investigation shows evidence of defective auto parts (failed seat belts, defective air bags, dangerous tires) or an uncrashworthy auto design, our attorneys seek to hold manufacturers accountable.
  • Commercial and private airplanes and helicopters and all their component parts should be reasonably safe before the aircraft is sold and put to use. When people in the aircraft and on the ground are killed in a crash, our investigation will seek all liable parties.
  • When unsafe industrial equipment, such as presses, saws, farm equipment and construction equipment, causes someone's death, our product liability lawyers will work with experts to investigate what happened and why.
  • Pharmaceutical companies often take a drug to market with full knowledge that there are questions about safety. If a loved one has died after taking a defective prescription drug, talk to a product liability attorney at Greenberg & Stone.
  • Salmonella poisoning and other tainted food problems are typically caused by manufacturers that do not adhere to well-established safety standards required by law. If a loved one died because of an unsafe food product, contact our law firm.

Fight Back Against Companies That Put Profits Before Safety

Manufacturers know that they cannot sell defective products. When someone suffers a product liability death, the family of the deceased may have a claim against the product's manufacturer, distributor, retailer and other parties. A product liability lawsuit holds manufacturers, retailers, designers and other parties responsible for the deaths they cause. Product liability lawsuits also help prevent future deaths. Greenberg & Stone has immediate consultations available. Contact us online or call (888) 893-9846.

Car, Truck, Motorcycle, Pedestrian Fatalities

May 15, 2010

Fatal Car Accident Attorney

Fatal Pedestrian, Car, Truck and Motorcycle Accident Attorney:
Contact Us for a Free Consultation

Did someone else's negligence cause a fatal car, truck, motorcycle or pedestrian accident? When a loved one dies because of someone else's negligence, you may have a wrongful death claim. At Greenberg & Stone, P.A., we help families learn what caused fatal car accidents and seek compensation for the loss of their loved ones.

More Than 60 Years' Combined Experience
Free Consultation - Contact Us (888) 893-9846

When you choose us to represent you after a fatal car accident, we will begin an immediate investigation to determine how the fatal auto accident occurred. Our attorneys and investigators will examine the accident from every angle to determine all potential accident causes and all responsible parties.

  • Did a truck or car driver fail to see a motorcycle and turn in front of it? Did a car turn a corner without checking for a pedestrian? Our fatal truck accident reconstruction experts can help determine what happened.
  • Was your loved one in a car that was not crashworthy? Every car or truck should be able to withstand a specific amount of force from an impact. A roof-crush accident or a rollover accident can be directly related to a vehicle's design. A car's improper design or unsafe nature can be one of the most important factors in a fatal car accident.
  • Did component parts of a vehicle fail and cause the fatal car accident? Improper vehicle design or maintenance may have caused the failure of a seat belt, air bag, brakes or other parts.
  • Did the road or highway design cause the fatal car accident? A failure to meet state or federal safety requirements can cause dangerous highways. When roads and highways are not maintained properly, dangerous conditions such as potholes, visibility-blocking foliage, bad signage and poor construction markings can cause fatal car accidents.

It Is Important to Determine All Causes of a Fatal Motor Vehicle Accident

At the AV-rated* wrongful death law firm of Greenberg & Stone, our wrongful death lawyers leave no stone unturned in investigating fatal car accidents because we know how important it is to maximize compensation for your family. At this early stage, after a fatal motorcycle accident, fatal pedestrian accident or other fatal motor vehicle accident, you may not even realize what the future needs of your family may be. Our attorneys fight for you and your family to have the compensation you need to go forward with your lives.

We Offer Free Consultations, Contingency Fees and Dedicated Service

The fatal car accident attorneys at Greenberg & Stone have defended the rights of surviving family members with energy, compassion and a drive to succeed. We have appointments available at your convenience and our lawyers can take immediate action to preserve evidence and interview witnesses. File your wrongful death claim before the deadline in the state where you will bring the action. We represent clients directly and we work with a network of qualified attorneys nationwide.

To make an appointment, call (888) 893-9846 or contact us online.

FL Leads Nation in Insurance Complaints Involving Fake Car Wrecks

May 14, 2010

In a report released Monday, the National Insurance Crime Bureau (NICB) has ranked Florida as number one in the nation for insurance fraud complaints related to staged car accidents. Specifically, the NICB found that insurance companies reported exactly 3,006 suspicious auto accident claims in Florida from the years 2007 to 2009.

This ranking is especially eye-opening considering that more populous states had a much lower number of suspicious claims reported over this same period - New York with 1,680 suspicious claims (second place) and California with 1,619 suspicious claims (third place).

Why is the number of suspicious car accident claims so high for the Sunshine State?

According to experts, one reason may be the size of the state as well as existing Florida law that requires a driver's insurance to cover a portion of their medical expenses regardless of who was at-fault for an accident. The current recession may also be driving more and more people to submit suspicious car accident claims.

Whatever the causes, insurance fraud seems to be a growing problem. Just last month, officials with Florida's Division of Insurance Fraud worked with the NICB to arrest eight people for staging fraudulent car accidents. Over the past year, the division has made over 830 arrests related to insurance fraud.

According to the NICB, even though suspicious or fraudulent claims comprise less than one percent of all insurance claims processed annually, the costs can still be significant to insurers. This often translates into increased premiums for all policyholders.

Related Resources:
Florida is No. 1 for Fraudulent Insurance Complaints Tied to Staged Accidents (The Sun Sentinel)

Former West Palm Beach Physician Ordered to Pay $36.6 Million

May 12, 2010

Andrew Weiss, the former pain management physician who is currently serving a 12-year federal prison sentence for the illegal distribution of prescription drugs, was recently dealt another significant legal blow. The jury in a medical malpractice case has ordered him to pay $36.6 million to a former patient.

Kathleen Ramey received treatment from Weiss in September 2000 in the wake of a serious automobile accident. Unfortunately, this treatment included an improperly administered steroid injection that left Ramey with a litany of injuries, including an atrophied right arm, limited mobility and a four-inch hole in her spinal cord.

According to the lawsuit, Ramey felt numbness after receiving the injection but was informed by Weiss that she was fine. When she returned to him several days later in a worsened condition, he stated that she may have suffered a heart attack.

Physicians at the hospital later discovered the degeneration of her spinal cord caused by Weiss' improper injection.

Ramey now suffers from constant pain and will eventually have to use a wheelchair. While she will more than likely be unable to recover any of the medical malpractice verdict from Weiss, she can now pursue payment from his insurance company.

Weiss' medical license has been revoked.

Related Resources:
Deerfield Woman Awarded $36 Million Malpractice Verdict (The Sun Sentinel)

Study Names Florida Most Dangerous State for Pedestrians

May 11, 2010

According to a recent study by the Surface Transportation Policy Partnership and Transportation for America, Florida has some of the highest wrongful death rates in the nation for pedestrians.

Specifically, these two Washington DC-based nonprofits found that Florida has the dubious distinction of being home to the top four most dangerous metro areas for pedestrians with over 1 million residents (Orlando-Kissimmee, Tampa-St. Petersburg, Miami-Fort Lauderdale-Pompano Beach, and Jacksonville).

Federal crash statistics from 2008 (the most current year for which such statistics are available) would seem to support this proposition: 11.1% of all pedestrians and 17.4% of all bicyclists killed in traffic-related accidents in the United States died in the state of Florida.

Both the Surface Transportation Policy Partnership and Transportation for America attribute these findings to the gradual shift in development patterns. Instead of development (both urban and residential) taking place around traditional existing streets, it is now taking place near large, high speed and high volume roads. This translates into an increased risk for those on foot or on a bicycle.

Chief Safety Officer for the Florida Department of Transportation, Marianne Trussell disagrees with this assessment. According to Trussel, it's not the roads that are dangerous, but the negligent behavior of both motorists and pedestrians.

"Drivers are making a right turn and not yielding to pedestrians, or making a right turn on red. Pedestrians are not paying attention to traffic, or they're crossing the street midblock instead of going to the intersection."

Despite these disagreements, both sides seem to agree that at least three causes can be attributed to the higher wrongful death rates for pedestrians and bicyclists in Florida:

Rapid population growth: Florida is one of the fastest growing states. It has roughly seven times as many people as it did 60 years ago

Favorable weather: People spend more time walking, running and biking because of the warmer weather.

Tourism: In 2009, 80.3 million people traveled to Florida for tourist purposes.

Here's hoping the state can find a way to address these truly staggering statistics ...

Related Resources:
Florida Deadliest State for Walkers, Cyclists (USA Today)

A Closer Look at DOT Regulations in the Trucking Industry

May 8, 2010

This blog recently discussed the rule proposed by the Department of Transportation (DOT) to ban texting while driving for all interstate commercial truck drivers and bus drivers. The rationale behind this rule is obviously to prevent horrific and potentially fatal truck accidents.

What about other measures that DOT has in place to protect motorists against truck accidents that may not be so obvious to the average person?

Here, the blog will briefly examine the hours-of-service regulations as they relate to the daily driving routines of those in the commercial trucking industry.

According to DOT, hours-of-service regulations are "designed to continue the downward trend in truck fatalities and maintain motor carrier operational efficiencies." In other words, they are designed to prevent truck accidents.

Anyone who drives a commercial motor vehicle (CMV) is obligated to follow the hours-of-service regulations. A CMV is generally defined as any vehicle that is utilized in interstate commerce and weighs at least 10,001 pounds.

CMV operators are bound by the following hours-of-service regulations:

• They have up to 14 consecutive hours of duty time. The period begins once any type of work is commenced. When the 14 hours are up, no driving is permitted for 10 consecutive hours.

• During the above-mentioned 14 hours, CMV operators are only allowed to drive for 11 hours total. Once this total has been reached, a break of 10 consecutive hours must be taken.

For example, if a CMV operator begins their shift at 10am, they have until 12 pm (14 hours) to complete their allotted 11 hours of driving. If they drive from 10am to 9pm, they will have to take a 10-hour break. The same result if they drive from 1pm to 12pm.

The blog will revisit the topic of hours-of-service regulations in future postings.

Related Resources:
U.S. Department of Transportation: Hours-of-service regulations (DOT)

Teens at Greatest Risk of Fatal Accidents During Nighttime Hours

May 7, 2010

A recent report by the Texas Transportation Institute (TTI) indicates that the greatest risk of death to young drivers is not posed by speeding, failure to buckle a seatbelt, indifference toward traffic laws or drunk driving. Surprisingly, the greatest risk of death in a car accident is posed by driving after dark.

Why is driving after dark so dangerous for drivers between the ages of 16 to 19? The answer is simple: the widespread use of cell phones and handheld devices behind the wheel.

Teenage drivers are often overconfident in their ability to use cell phones while driving and underestimate the grave risks of distracted driving. According to Bernie Fette, a senior research analyst at the TTI, this overconfidence coupled with nighttime fatigue and inexperience behind the wheel can create a "perfect storm" of danger.

The results of the TTI report would seem to support this proposition. Specifically, the report found that while the total number of nationwide traffic deaths among young drivers decreased between 1999 and 2008, the percentage of fatal nighttime car accidents among this demographic actually increased.

To illustrate:

• In 1999, there were 6,368 fatal accidents involving drivers between the ages of 16-19. Exactly 2,875 of these accidents (45 percent) occurred during the night.

• In 2008, there were 4,322 fatal accidents involving drivers between the ages of 16-19. Exactly 2,148 of these accidents (just below 50 percent) occurred during the night.

Currently, the state of Florida has no laws expressly banning texting while driving or use of a cell phone while driving. However, it does have graduated driver licensing (GDL) laws in effect. According to the Governors Highway Safety Association, these laws "allow young drivers to safely gain driving experience before obtaining full driving privileges." Nighttime driving restrictions are part of Florida's GDL laws.

Related Resources: • Cell Phones Raise Teen Nighttime Driving Risks (The Miami Herald)

DOT Texting Ban for Trucks and Buses May Prevent Truck Accidents

May 6, 2010

The federal government is officially increasing its efforts to prevent truck accidents caused by distracted driving. On March 31, 2010, the U.S. Department of Transportation (DOT) proposed a rule that would permanently ban all interstate commercial truck drivers and bus drivers from texting while driving. The move comes on the heels of a recent January 2010 interim ban prohibiting the very same conduct.

Statistics provided by the Federal Motor Carrier Safety Administration (FMSCA) provide a sobering look at the dangers posed by those who send and receive text messages while behind the wheel.

According to the FMSCA research:

  • Motorists who text while driving are 20 times more likely to be involved in a serious accident than non-texting motorists.
  • Motorists who text while driving take their eyes off the road an average of 4.6 seconds out of every 6 seconds. At 55 miles per hour, this translates into not looking at the road for the length of an entire football field.

Given these statistics and the sheer size, weight and speed at which most commercial trucks travel, it is easy to see why this rule is being proposed. Many devastating and potentially fatal truck accidents Given these statistics and the sheer size, weight and speed at which most commercial trucks travel, it is easy to see why this rule is being proposed. Many devastating and potentially fatal truck accidents and bus accidents could be easily prevented.

The public is free to comment on this proposed rule via the "Regulation Room," an online forum created through a partnership with DOT and Cornell University. Here, interested citizens can learn about proposed DOT rules and offer their constructive commentary in a user-friendly environment.

Stay tuned for further developments ...

Related Resources: