Slips, Trips and Falls
Florida Slips, Trips and Falls
Florida slips, trips and falls are the 3rd leading cause of unintentional death according to the National Safety Council (NSC). As people age, the likelihood of a fall increases. Injury Facts 2016 reports that among Americans age 65 and older, slips are the number one cause of injury related death.
Statistics for Slip, Trip, and Fall Injuries
The Centers for Disease Control and Prevention has provided statistics illustrating the seriousness of slips, trip and falls.
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- One out of every three older Americans falls each year
- In 2013 emergency rooms treated 2.5 million victims of falls
- 25,500 older adults suffered fatalities from falls in 2013
- Each year 250,000 hip fractures are reported – 95% of which are from falls
Fall Prevention
While aging itself is not the culprit of falls, the two go hand in hand. Muscle weakness, medications, and lessened mobility increase the risk of falls among older Americans. There are tips to reducing the probability of suffering a fall-related injury however.
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- Remove clutter (unnecessary furniture, chords, pet gear, rugs, etc.)
- Wipe up spills as soon as possible
- Use non-skid mats in bathrooms
- Install grab bars in bathrooms
- Maintain adequate home lighting
- Keep frequently used items in easily accessible locations
- Use devises to aid in walking safely (canes, walkers, etc.)
Additionally, exercise serves as a strong method of preventing falls. The Harvard Medical School has advised older adults to participate in Tai Chi to help reduce the risk of a fall. Tai Chi participants reduced the probability of falling by 55% based on 3 days a week of participation.
Who to Call If Injured in a Slip, Trip or Fall Accident in Southwest Florida
Falls can lead to a variety of injuries such as traumatic brain injuries (TBIs), concussions, hip fractures and many others. If you or someone you know has suffered an injury from a fall it is important to seek experienced legal counsel. The attorneys at Goldstein, Buckley, Cechman, Rice, and Purtz have over 50 years experience dealing with personal injury law. With offices throughout Southwest Florida, we are here to conveniently serve you. Call us today for a free consultation.
Nighttime Vehicle Accidents
Nighttime Vehicle Accidents in Southwest Florida
If you have a license to drive in Florida, life, work and family often necessitates you drive at night. Nighttime driving is often perceived as more dangerous than daytime driving. In reality, the rate of nighttime vehicle accidents that result in fatalities at night versus during the day is almost the same. However, it is the added variables to nighttime driving that make being alert and responsible imperative if you are on the road after dark, such as impaired and fatigued driving.
If you are involved in a car accident at night, you should confirm that the driver of the other vehicle is licensed to drive at that time. In Florida, a teen with a learner’s license is never permitted to drive after 10 p.m. In addition, even when a teenager graduates from a learner’s permit to a driver’s license, that license is limited as well, often requiring the presence of a licensed driver over 21 if it is past 11 p.m.1 If the other driver is elderly, it is possible they are driving past nighttime restrictions placed on some licenses of those over a certain age.
Florida Nighttime Accidents: The Dangers
It is important to be cognizant of the factors that make nighttime driving particularly precarious:
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- Impaired driving- According to a report by the National Highway Traffic Safety Administration, the percent of fatal nighttime vehicle accidents involving drivers with any alcohol in their blood is 60% at night as opposed to 18% during the day. When you limit this statistic to accidents involving drivers with a BAC over the legal limit of .08, it is 54% at night versus 14% during the day.2
- Fatigued driving- From 2005 to 2009 there were over 4,000 deaths and 30,000 injuries resulting from crashes caused by drowsy driving.3 At night, when many drivers have not had adequate sleep, these risks increase.
Who to Call if injured in nighttime traffic accidents in Southwest Florida
If you or a loved one has been injured in a car accident, it is important to seek legal counsel to get the justice you deserve. SWFL attorneys at Goldstein, Buckley, Cechman, Rice & Purtz have over 50 years of legal experience in dealing with personal injuries. Contact us today to schedule a free consultation.
Semi-Truck Accidents
Semi-Truck Accidents in Florida and the United States
On the over 164,000 miles of the US National Highway System, there are millions of semi-trucks weighing over 10,000 pounds sharing the road with passenger vehicles every day. The tremendous amount of freight moved in America throughout the year would be impossible without the work of large trucks and the men and women who drive them. In 2015, the trucking industry moved 11.4 trillion dollars of freight. That is 60% of the 19 trillion dollars worth of freight moved in the US that year, according to the US Bureau of Transportation Statistics.
A far graver statistic, however, is in that same year there were over 4,000 deaths and 130,000 injuries involving accidents with large trucks and buses according to the US Department of Transportation. When you travel on the highway, sharing the road with semi-trucks is unavoidable, and while the majority of drivers operate their vehicle safely, the sheer numbers of trucks on the road make accidents with passenger cars also regretfully unavoidable.
If you or someone you love has been involved in an accident with a large commercial truck, it is important to discover whether the accident was the result of negligibility on the part of the driver or his or her employer. An attorney can be very helpful in this tough time of need.
Common Causes of Semi-Truck Accidents
Accidents involving large trucks occur due to a variety of circumstances, many of which are completely avoidable. According to the Federal Motor Carrier Safety Administration, the following are some of the most common:
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- Vehicular brake problems
- Semi-Truck driver traveling too fast for road conditions
- Distracted driving by commercial trucking driver
- Impaired driving, including alcohol and over-the-counter medication
- Reckless driving decisions
- Driver fatigue, sometimes due to pressure felt from the carrier company, resulting in driving an unsafe and unregulated number of hours.
Who to call if you’re involved in semi-truck accidents in Southwest Florida
When an accident happens to you, it feels like anything but a statistic. If you have been involved in an altercation involving a large commercial semi-truck, it is important to seek legal counsel to get the justice you deserve. The Southwest Florida attorneys at Goldstein, Buckley, Cechman, Rice & Purtz have over 50 years of legal experience in dealing with personal injuries. Contact us today to schedule a free consultation.
The Real Deal – Charitable Giving in 2020
Legal assistant Emily Miller at Goldstein, Buckley, Cechman, Rice & Purtz is the real deal. She has again used her couponing skills to purchase more than a dozen grocery bags of food to donate to Harry Chapin Food Bank of Southwest Florida, Inc.
Getting needed items for pennies on the dollar has helped her also collect $4,300 of food, self-care items and other products to help homeless veterans. She also uses her skills to collect items to donate to the Gulf Coast Humane Society.
Miller says her biggest investment in the donation efforts is time. If you’re looking for the spirit of philanthropy, that’s the real deal.
The Real Deal
Her generosity is typical for the firm, where employees and clients have supported Toys for Tots, Community Cooperative Soup Kitchen and the Shelter for Abused Women & Children, as well as area sports teams, schools, churches, veterans causes and more. The legal firm’s community commitment is the real deal.
In addition, the firm was a sponsor for Cops & Joggers to benefit the Fort Myers Police Department and is a presenting sponsor for Mothers Against Drunk Driving’s Walk Like MADD, among other events.
Parking Lot Accidents & Injuries
Florida Parking Lot Accidents & Injuries
We have all seen or heard of parking lot accidents occurring. Maybe you have even been involved in a parking lot crash. With the slower speed of vehicles in parking lots you would think that accidents wouldn’t happen; however, parking lot accidents, injuries and even fatalities are more common than you may think. According to the National Safety Council, or NSC, over 50,000 motor vehicle crashes occur in garage structures or parking lots each year. These parking lot accidents result in more than 60,000 injuries and over 500 deaths annually. With the hustle and bustle during the holiday season, parking lots tend to become more dangerous. While you and your family are out during this holiday season and always, please remember to follow some parking lot safety tips.
Parking Lot Accidents: Safety Tips
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- Drive slowly in all parking lots and parking garage structures
- Follow the lanes and do not cut across lots and empty parking spaces
- Stay alert and anticipate the actions of others
- Watch out for stop signs and no parking signs
- Always look both ways and double check when backing out of your parking space. Watch for vehicles and pedestrians.
- Be on the look out for small children and parents pushing carts or baby strollers.
- Watch for blind spots and don’t always rely on back-up monitoring systems.
- Avoid distracted driving. No phone calls, texting or eating while parking, backing up or driving through parking lots.
Additional Causes for Injuries in Parking Lots in Southwest Florida
While a parking lot crash soundthe like a main cause for parking lot injuries, vehicle crashes are not the sole cause of parking lot injuries. Slips, trips and falls are also common causes for injuries in parking lots. Many times, inadequate lighting, uneven pavement, potholes, debris or lack of signage can cause pedestrian injuries.
Protect Your Rights
If you or someone you know has been the victim of a parking lot accident and have sustained injuries or death, it is important to seek advice from attorneys experienced with personal injury cases. The attorneys at Goldstein, Buckley, Cechman, Rice and Purtz have over 50 years of experience with personal injury cases and we are here to represent you. We have six locations in Southwest Florida. Our offices are conveniently located in Fort Myers (2 to serve you), Naples, Cape Coral, Lehigh Acres and Port Charlotte. Contact the office nearest you and set up your appointment for a free consultation today.
Lee and Collier counties top the list as the most high-trafficked spots for dangerous boating accidents in Florida, according to the Florida Fish & Wildlife Division.
Dangerous Boating Accidents: Statistics
A study of 2019 accidents by the Florida Fish and Wildlife Conservation Commission’s Law Enforcement division of boating accident statistics showed that 61% of accidents happened in 10 Florida counties. Lee County ranked fourth and Collier County ranked ninth in that list. During 2019 in Florida, there were 29 fatal boating accidents, 191 accidents with injury and 223 accidents without injury.
Of the 65 boating accidents reported in Lee County in 2019, most of them happened near the Punta Rassa boat ramp at the mouth of the Caloosahatchee River. In 2019, Lee County had nine fatal boating accidents, 20 accidents with injury and 18 accidents without injury.
The two primary causes of dangerous boating accidents in Lee County in 2019 were distraction (11 accidents) and excessive speed (eight accidents). Operator inexperience and alcohol use resulted in six accidents each. Most of the accidents were collisions with other boats or a fixed object.
Collier County had no fatal accidents, 10 accidents with injuries and 11 accidents without injuries in 2019. Lack of attention and operator inexperience were tied at five accidents each, also primarily collisions with another vessel or fixed object. No dangerous boating accidents in Collier County in 2019 were attributed to alcohol use.
Why Dangerous Boating Accidents Matter
Understanding when and how boating accidents happen is increasingly important for law enforcement for the coming year. Like other outdoor pursuits during the pandemic, boating has increased, with boat rentals on the rise.
In a survey by the marine industry, 70% of boat dealers reported retail growth during May. Used boat sales are also up, with 74% of dealers reporting sales growth in May. Boat and yacht listing websites like Boat Trader, YachtWorld, and boats.com increased their web traffic and leads, with a 56% increase in traffic and a 177% increase in leads over last year.
Boating accidents typically increase during the summer months, but experts expect accident numbers may be even higher with more boats on the water. In addition, alcohol sales have increased during the pandemic.
According to boatingundertheinfluence.org, a person boating while drinking is 10 times more likely to die than a sober boat operator. Motion, vibration, noise, sun, wind and spray intensify alcohol’s affects. Thirty-four percent of fatal boat accidents are alcohol related.
Safe Boating Tips from the National Safety Council
- – Wear life jackets. About three-quarters of boating deaths are due to drowning and more than 80% of victims are not wearing a life jacket. Even good swimmers need them.
- – Take a safe-boating course and be familiar with state boating laws.
- – Get a free vessel safety check available from the U.S. Coast Guard Auxiliary.
- – File a float plan, so someone will know where you are planning to go and when you are expected to return. You can get a template here: http://floatplancentral.cgaux.org/.
- – Wear sunscreen and eye protection.
- – Exercise good judgment. Do not drink, watch for weather changes and follow navigational rules.
Next Steps After a Boating Accident?
In case of a boating accident with injuries, Florida law requires boaters to file a report with the Florida Fish and Wildlife Conservation Commission’s Division of Law Enforcement or local police within 48 hours of the accident.
Boating accidents have a different set of laws than accidents that take place on land, with different filing deadlines and pleading requirements. Another difference in how your claim will be treated is if you are a guest or employee on the boat. While not all cases are going to be the same, you may be entitled to payment of your medical bills, lost wages as well as pain and suffering damages.
The road to recovery after a boating accident can be long and challenging. If you have been in a boating accident, it is important that the proper authorities are notified, and your medical needs are addressed. When you are involved in a boating accident, you should not talk about the accident with anybody other than your attorney.
About the Author
Christopher Smith is a managing partner at Goldstein, Buckley, Cechman, Rice & Purtz, P.A. If you have been in a boating accident, it is important that you hire an experienced local law firm that understands boating accident cases and can maximize your recovery.
It’s 2020! Resolve to Plan for the Future
Whether you are young or old, resolve to plan for the future. Don’t let resolutions get put off by thinking there’s always next year. While it’s hard to think about what happens after you are gone, not planning can put your loved ones in serious trouble and without enough assets to support them.
If you pass away or become incapacitated without a will or trust, the laws of your state will determine how your property is distributed, and the court will assign a guardian to your minor children. Not having a will and/or trust may increase your family’s tax liabilities, not to mention the legal disputes or challenges that result when there is no estate plan in place.
Making difficult estate planning decisions now about your will and estate will eliminate the burden from your loved ones having to make decisions later. A will is a necessary document to protect the interest of both you and your family. This document states how you want your property distributed among your heirs and beneficiaries and lists gifts to other family members or friends, charitable donations and other financial arrangements.
Why plan?
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- There are people who count on you
- The unexpected does happen
- It’s not as complicated or time consuming as you think
This story is a cautionary tale about why you should resolve to plan for the future. A young man lost both his mother and stepfather.
His mother died first, followed some months later by his stepfather. His mother left a will leaving everything to her spouse (his stepfather), and if he predeceased, to her son. At his mother’s death, since all her assets were jointly owned with her husband, all her assets passed to him (the husband).
At the death of his stepfather, since the stepfather had no will, his estate passed by the intestate laws of Florida. In his case, he had no children, his parents were deceased, he had no brothers or sisters and no nieces or nephews. Without a will, the estate must search for heirs and the assets of the estate will likely pass to distant relatives with whom the stepfather may have had no contact.
The stepson will likely receive nothing, another example of you need to resolve to plan for the future.
Laws and lives change, so it’s important to make sure you have the proper documents in place. You may move to another state, get divorced or remarry and have children from previous marriages you would like to provide for.
One example of how changing laws have impacted the need to plan is the Privacy Rule of the Health Insurance Portability and Accountability Act (HIPAA). Many of us grew up in a time when a friend or relative was hospitalized, we could call the hospital to inquire about their well-being. Today with HIPAA regulations, hospitals and doctors are no longer able to give out any patient information or confirm a patient is even in the hospital. This is even true for parents whose children are away and over the age of 18!
Parents have no rights to obtain medical information on legal-age children, even if the child is covered under the parent’s health insurance. That’s why you should resolve to plan for the future. A signed HIPAA authorization and medical power of attorney allows parents access to their adult children’s medical information. Requirements for these documents can vary from state to state, so an attorney can make sure documents are appropriate for each situation.
Feeling smug because you have your estate plan in place? Estate planning is not a once in a lifetime event, but a lifelong process that requires revisiting. The start of a new year is a good time to review to make sure your wishes haven’t changed:
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- Are the beneficiaries you selected in your will and trust still the ones you would name today? How about alternates? Are they still willing and able to assume those responsibilities? Are the beneficiaries on your life insurance up to date?
- For those with minor children, are the guardians you named the persons you want to raise your children? What about pets?
- Does your planning reflect all your assets, big and small? Resolve to plan for the future.
- Have you created letters of instruction with key information in the event of an emergency, including names and contact information for key professional advisors, location of original records, how to find passwords and other key online information, key medical information, insurances summaries and other general instructions?
Resolve to Plan for the Future
So, while you are setting your new goals for the New Year, ensure you and your family are protected in the event you become disabled, terminally ill or pass away unexpectedly. This could be the one goal this year that has a lasting effect on you and your family’s future. Experienced attorneys, like those at Goldstein, Buckley, Cechman, Rice & Purtz can help guide your estate planning experience and tailor your documents to meet your needs and wishes for the future.
Will your homeowner’s insurance weather a hurricane in 2020? This year is shaping up to be memorable in so many ways, including a predicted above-normal 2020 Atlantic hurricane season, according to forecasters with NOAA’s Climate Prediction Center, a division of the National Weather Service.
National Insurance Awareness Day is June 28 to remind people to review their insurance policies. About two-thirds of U.S. homes are underinsured, which could result in financial hardship in the event of storm damage. A study by insurance.com in 2018 learned nearly a quarter of homeowners said they’d never even read their policy!
Now is a good time to review and make sure your homeowner’s policy is robust enough to fully repair or rebuild in the event of a claim. You need to know: will your insurance weather a hurricane, or do you need to expand your policy coverage? Make sure that none of your information – such as residents of the household or pets – needs to be updated. While you are at it, it is probably a good idea to look at your other insurance policies also.
Why is it so important to update your insurance policies with new information? Insurance companies can deny coverage for a loss when there is a “material misrepresentation” by the insured when procuring the policy. These material misrepresentations can be in the form of a failure to disclose a resident relative or a new pet. This can be devastating for someone who has faithfully paid their premiums for years because it may mean you have no insurance coverage for an event that destroys your home.
You should also regularly check to see if you have enough coverage – whether it is coverage for your home, coverage for the contents within your home, bodily injury coverage for your motor vehicle, or underinsured motorist coverage for your vehicle.
Will Your Homeowner’s Insurance Weather a Hurricane?
Here are things to consider in reviewing your homeowner’s insurance:
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- Are deductibles on your policy sustainable in the event of a claim? Will you be able to cover them if necessary?
- Have you explored all possible discounts, such as wind mitigation certification or discounts for fire or burglar alarms, new roof or upgraded heating, plumbing or electrical systems?
- How has your customer service experiences been with the company? Check online resources and ask friends and family to determine what insurers have a good reputation among policyholders. Responsive customer service will be important in the event of a claim.
- Have you had a major life change, like having a baby or starting a new job? You may need to update your insurance.
- Have you renovated or built an addition? If so, make sure your policy reflects the change in value of your home.
- In the event you need to rebuild, does your insurance policy include any extra expenses caused by meeting building codes adopted after your home was built? You may want to add building code coverage, called building law or ordinance coverage.
- Flood damage, which can come with a hurricane, is usually excluded on homeowner’s policies. Consider purchasing separate flood insurance. Visit FloodSmart.gov for information.
- If you live in a condominium, what type of insurance does your homeowners association require?
- Have you evaluated your needs by conducting a thorough home inventory of your possessions?
- Does your policy provide enough coverage for landscaping, outdoor appliances or storage sheds?
- Have you started a home-based business? You may need to change your coverage for business liability and equipment.
An annual insurance review can go a long way in protecting what is often your biggest investment. Make it part of your hurricane preparations to know whether your insurance weather a hurricane. Our attorneys are always willing to sit down with you and review your policy at no cost, to make sure you have appropriate coverage.
Car accidents can be disorienting and stressful experiences, but knowing what steps to take immediately after the incident can make a significant difference in ensuring your safety, protecting your rights, and minimizing the potential impact on your life. If you find yourself in a car accident in Naples, Florida, here is a step-by-step guide on what to do:
Prioritize Safety
Immediately after the accident, prioritize safety for yourself, your passengers, and other individuals involved. If your vehicle is still drivable and it’s safe to do so, move it to the side of the road to avoid obstructing traffic. Turn on your hazard lights to alert other drivers to the situation.
Check for Injuries
Assess yourself and your passengers for injuries. If anyone is injured or in distress, call 911 for emergency medical assistance. Even if injuries seem minor at first, it’s a good idea to get medical attention to rule out any underlying issues.
Contact Law Enforcement
Call the local police or Florida Highway Patrol to report the accident. Having an official accident report on record can be crucial for insurance claims and legal purposes. Be prepared to provide information about the accident’s location, the number of vehicles involved, and any injuries.
Exchange Information
Exchange contact, insurance, and vehicle information with the other drivers involved in the accident. Collect their names, phone numbers, addresses, insurance company names, policy numbers, and license plate numbers. It’s also helpful to note the make, model, and color of the vehicles.
Document the Scene
Take photos of the accident scene, including the positions of the vehicles, any damage sustained, road conditions, and any relevant traffic signs or signals. These photos can serve as valuable evidence when dealing with insurance claims and legal matters.
Gather Witness Information
If there are any witnesses to the accident, collect their contact information as well. Their statements could be essential in clarifying the sequence of events and determining liability.
Notify Your Insurance Company
Contact your insurance company as soon as possible to report the accident. Provide them with accurate and detailed information about the incident. Be cautious about sharing too much information, especially if you are unsure about liability.
Seek Medical Attention
Even if you initially feel fine, some injuries may not manifest immediately. It’s wise to visit a doctor after the accident to ensure there are no hidden injuries. This medical documentation can also be crucial for insurance claims.
Keep Records
Maintain a comprehensive record of all the information related to the accident. This includes medical bills, repair estimates, communications with insurance companies, and any other relevant documentation. These records will help support your case if you need to pursue a legal claim.
Consult an Attorney
If the accident resulted in significant injuries or disputes over liability, it might be advisable to consult a personal injury attorney. They can provide guidance on your rights, handle negotiations with insurance companies, and represent you if a legal claim is necessary.
Navigating the aftermath of a car accident can be overwhelming, but following these steps can help ensure your safety and protect your interests. Remember, it’s important to stay calm and composed while addressing the situation, as this will contribute to a smoother resolution in the days following the incident.
How can Goldstein, Buckley, Cechman, Rice & Purtz, P.A help you on Car Accident cases in Florida
At Goldstein, Buckley, Cechman, Rice & Purtz, P.A., we understand the complexities and challenges that individuals face in the aftermath of a car accident in Florida. Our seasoned team of legal professionals is dedicated to providing unparalleled support and advocacy to ensure your rights are protected and your best interests are represented.
Comprehensive Experience in Car Accident Cases
With decades of experience, our firm has established a reputation for excellence in handling car accident cases throughout Florida. We recognize that every accident is unique, and our team of skilled attorneys possesses the knowledge and experience to navigate the intricacies of Florida’s complex legal system.
Personalized Approach
We believe in the power of personalized legal representation. When you choose Goldstein, Buckley, Cechman, Rice & Purtz, P.A., you’re not just a case number – you’re a valued individual with a story to tell. Our attorneys take the time to listen to your concerns, understand the details of your accident, and craft strategies tailored to your specific circumstances.
Aggressive Advocacy
Car accident cases can quickly become contentious, especially when dealing with insurance companies and opposing parties. Our legal team is known for its assertive approach in advocating for your rights. Whether negotiating settlements or litigating in court, we tirelessly pursue the best possible outcomes for our clients.
Thorough Investigation and Documentation
Success in car accident cases hinges on meticulous investigation and documentation. Our firm takes a proactive approach to collecting and preserving evidence, including accident reports, medical records, eyewitness accounts, and expert opinions. This thoroughness strengthens your case and enhances your chances of a favorable resolution.
Experienced Negotiators
Dealing with insurance companies can be overwhelming, especially when trying to secure fair compensation for medical expenses, property damage, and emotional distress. Our experienced negotiators are well-versed in handling insurance claims and settlement discussions. We work tirelessly to maximize your compensation and ensure your rights are upheld.
Litigation Excellence
While many car accident cases are resolved through negotiations, our firm is prepared to take your case to court if necessary. With a proven track record of success in litigation, we bring a formidable presence to the courtroom. Our attorneys are skilled in presenting your case persuasively and effectively to judges and juries.
Compassionate Support
We understand that recovering from a car accident involves not only physical healing but also emotional and financial recovery. Our firm is committed to providing compassionate support during this challenging time. We communicate openly and transparently, keeping you informed at every step of the legal process.
Free Consultation
If you’ve been involved in a car accident in Florida, don’t navigate the legal aftermath alone. Goldstein, Buckley, Cechman, Rice & Purtz, P.A. offers a free initial consultation, allowing you to discuss your case with one of our knowledgeable attorneys. This consultation provides insight into your rights and potential legal avenues, empowering you to make informed decisions moving forward.
At Goldstein, Buckley, Cechman, Rice & Purtz, P.A., we stand by your side as your steadfast advocates. From investigation to negotiation, and all the way to resolution, our firm is dedicated to delivering the highest quality legal representation for car accident cases in Florida. Your well-being and justice are our top priorities.
Avoid Parking Lot Hazards By Reading the Signs
Maybe your parents took you to an empty parking lot to learn about parking lot hazards – and to teach you how to drive as a teenager. That may be one of the safest parking lot experiences you will have.
With slow moving vehicles, one would think parking lot hazards are safer than roads. But one of every five motor vehicle accidents and 14% of all claims of auto damage happen in parking lots.
Statistics About Parking Lot Hazards
Non-residential parking facilities are used by 175 million people every day, and it seems that most drivers are not paying attention. A National Safety Council Public Opinion Poll found that 66% of drivers said they would make phone calls while driving through parking lots, 63% would program GPS systems, 56% would text, 53% would use social media, 50% would send or receive emails, 49% would take photos or watch videos.
In a single year, 99 people were killed and 2,000 injured when they were hit by cars backing out of parking spots, and 106 fatalities and 5,000 injuries were caused from cars moving forward. Five deaths were caused by pedestrians struck by driverless cars! Of children ages 5 to 9 who died in traffic crashes, 22% were pedestrians. Most deaths occurred because drivers failed to see kids while backing up.
Parking lot injuries can be extensive and include medical bills, lost wages and even disability. Victims hit by a careless or distracted motorist are entitled to compensation from the at-fault driver’s insurance company.
Not all parking lot injuries are caused by vehicles. Slip and fall accidents are also common, due to parking lot hazards. While Florida doesn’t have the hazards caused by snow and ice, inadequate striping, potholes or cracks, lack of signage, debris, poor lighting and puddles can also lead to injuries.
In addition, more than 400,000 violent crimes are committed in parking lots or garages each year, including rape, robbery and aggravated assault. The law in Florida requires that owners of parking lots have appropriate security in place. If they do not, they can be found liable for people injured in their lots in violent crimes.
An owner of a parking lot can be found liable for injuries caused by the following:
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- Lack of designated walkways for handicapped and other people
- Poorly designed structures with bad traffic flow
- Inadequate signals or markings
- Inadequate security and lighting
- Uneven surfaces and potholes
- Blind spots that block drivers’ vision
- Improperly marked handicapped zones
- Oil spills or runoff from poor drainage
What can you do to help ensure compensation for your injuries caused in a parking lot or a garage?
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- As soon as you can, take photos and videos of the dangerous condition that caused your injury. If you don’t have a measuring tape, use any other object to help show the depth and diameter of a hole or condition that cause your fall. Take as many pictures as possible, from a variety of angles.
- If someone saw you fall and you are able, ask for their name and contact information and a description of what they saw. Ask them to sign and date the statement. If they are willing, use your cell phone to video an eyewitness account.
- Criminal activity must be immediately reported to police. Always call 911 to notify law enforcement of robbery or assault.
If you or someone you know has been the victim of a parking lot accident and have sustained injuries or death, it is important to seek advice from attorneys experienced with personal injury cases. The attorneys at Goldstein, Buckley, Cechman, Rice and Purtz have over 50 years of experience with personal injury cases and we are here to represent you. We have six locations in Southwest Florida. Our offices are conveniently located in Fort Myers (2 to serve you), Naples, Cape Coral, Lehigh Acres and Port Charlotte. Contact the office nearest you and set up your appointment for a free consultation today.