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Car Accident

Florida Ranks High in Distracted Driver Car Accidents

  • May 5, 2017/
  • Posted By : 844sflpain/
  • 0 comments /
  • Under : Personal Injury

Although April is Distracted Driving Awareness month, we, as Florida car accident lawyers know too well that that distracted drivers causing car accidents are an unnecessary problem which is plaguing Florida’s roadways. In fact, according to a recent report, Florida ranks 2nd worst, after only Louisiana, among all states, in the number of admitted distracted drivers, with more than ninety percent of all drivers admitting to using a phone while driving.

While the report, generated by EverQuote, is eye opening for many government regulators; we driver know too well the growing number of inconsiderate motorists who disregard other’s safety and drive while using their phone – any trip down I-95 or I-595 will result in seeing dozens of drivers with a phone in one hand. In fact, Florida’s Department of Highway Safety and Motor Vehicles reported nearly fifty thousand car accidents involving distracted driving upon our roads over the last year which resulted in nearly 4,000 personal injuries and more than 200 wrongful deaths.

According to EverQuote, although most drivers believe they are safe drivers, they don’t even realize how frequently they use their phone, to read a text or tweet, while their car is in motion. The company used an app which monitored vehicle operations to determine how poorly distracted drivers operate their vehicles. Considering that even reading or sending a text message results in a driver’s eyes leaving the road for nearly 5 seconds, a car traveling at 45 m.p.h. will actually travel more than 300 feet before the driver is able to get their eyes properly back on the road upon which they are traveling.

Yet despite the obvious dangers associated with distracted driving, Florida remains one of only four states that does not make texting while driving a primary traffic offense, meaning police officers are not allowed to write a ticket just because they see a motorist texting while driving.

To combat the likelihood that a distracted driver will cause a car accident, many insurance companies suggest their customers place devices in their car, so they can “monitor’ driver behavior and “reward” good drivers. Unfortunately, most drivers don’t realize that the insurance companies really want to punish drivers whom they believe are not driving safely.  This is why we, as Florida Car Accident lawyers, believe educating ourselves and, particularly younger drivers, of the dangers of texting while driving, is a better route to take, rather than allowing insurance companies unfettered access to our driving behavior.

We remind everyone that using a smartphone while driving is anything but smart. As the slogan goes “it can wait.”

SOURCE


Road works sign for construction works in progress

Accident Claims Based on Negligent Road Construction

  • May 4, 2017/
  • Posted By : 844sflpain/
  • 0 comments /
  • Under : Personal Injury

If your car accident was caused by negligent road construction, you may be able to hold the construction company or government liable for your damages.

Mistakes in road construction can lead to major injuries to motorists. Those injuries often lead to lawsuits against construction companies and can result in significant liability for injuries. In some cases, the government may be on the hook in an injury lawsuit. In the sections that follow, we will identify some common mistakes that lead to injuries and discuss what a lawsuit for injuries caused by mistakes in road construction might look like.

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Products Liability

Do Coke and Pepsi Have a Duty to Warn Consumers that Drinking Diet Soda Can Cause a Stroke?

  • May 3, 2017/
  • Posted By : 844sflpain/
  • 0 comments /
  • Under : Defective Product

The bad news for individuals who are trying to control their weight by drinking diet soda is that new evidence links artificially sweetened sodas to an elevated risk of stroke and dementia. The bad news for the Coca-Cola Company and PepsiCo is that they might face a wave of lawsuits if they fail to warn consumers of that risk.

Stroke and Dementia Risk

The study, published in the peer-reviewed medical journal Stroke, found that people who drink at least one can of diet soda each day have a risk of stroke or dementia that is three times higher than those who do not drink diet soda. That correlation raises red flags about a causal link between drinking artificially-sweetened beverages and stroke or dementia.

A correlation, however, does not prove causation. The study’s authors caution that they do not know why artificial sweeteners would increase the risk of either stroke or dementia. It is possible that people who are more likely to suffer from those conditions are also more likely to drink artificially-sweetened beverages and that diet soda consumption does not cause either condition.

The correlation with dementia, in fact, is only statistically significant in people who have vascular “risk factors.” Those people may have been advised to cut down on sugar, which might suggest that they drink more diet soda than the rest of the population.

The correlation with stroke, however, is statistically significant even after controlling for risk factors. It is, therefore, more difficult to explain the correlation if artificial sweeteners do not cause an elevated risk of stroke.

Duty to Warn

Consuming too much sugar can lead to a range of health problems, so consumers may decide that the risks associated with diet soda are less than risks involved in drinking a sugary soda. Consumers who are completely risk-averse might want to stick to water.

Consumers cannot make an informed choice, however, without having information. That raises the question of whether diet soda manufacturers have an obligation to inform consumers of evidence that links diet soda to an elevated stroke risk.

As a general rule, companies (and individuals) have a duty to warn others of a known danger if the failure to warn might lead to a foreseeable harm. For example, property owners have a duty to warn of hidden hazards (like an open well or a cliff) that might imperil other users of the property who fail to notice them. A fence or warning signs are common ways of satisfying that duty.

Supermarkets have a duty to warn customers when the store becomes aware of product spills that might cause customers to slip and fall before store employees have a chance to clean the spill. Doctors have a similar duty to warn patients about non-negligible risks of surgery or prescription drugs.

Providing warnings gives the person who might be placed at risk an opportunity to make an informed choice about taking the risk. A patient, for example, might decide that the benefits of surgery outweigh the risk of a bad outcome. Warnings also allow people to take sensible precautions, such as avoiding a wet area on a floor.

Liability for Failing to Warn

Most people are aware that cigarette packs warn smokers that smoking is hazardous to their health. For years, the tobacco industry not only resisted those warnings but maintained that smoking was perfectly safe. Warnings appear on cigarette packages not because tobacco companies recognized a duty to provide them, but because Congress passed a law that requires them.

The legal standards for tobacco liability (perhaps improperly influenced by tobacco companies) have made it difficult for smokers to win cases based on a company’s failure to warn about the dangers of smoking. In other cases involving unsafe products, however, the law often protects consumers by requiring manufacturers to warn of known hazards that may not be obvious to consumers who use the product.

The duty to warn also exists if product manufacturers should know that the product is potentially unsafe. That standard prevents manufacturers from hiding behind self-imposed ignorance to avoid liability.

For example, juries have repeatedly awarded large verdicts to women who were diagnosed with ovarian cancer after using talcum powder manufactured by Johnson & Johnson. Three recent verdicts, ranging from $72 million to $55 million, reflected the jury’s conclusion that Johnson & Johnson was aware of the risk but pretended otherwise so that the company would not jeopardize sales by warning women that the product might cause cancer.

Diet Soda and the Duty to Warn

While there are a variety of exceptions to the “duty to warn,” and while the law is not always consistent from state to state, the general principle suggests that PepsiCo, Coca-Cola, and other soft drink manufacturers might have a duty to warn consumers that drinking a diet soda could increase the risk of having a stroke. If that duty does not yet exist, it may be on the horizon.

Whether the current studies are sufficient to put soft drink makers on notice that diet sodas cause an elevated stroke risk is a question that courts will need to decide. The study cited above puts soft drink companies on notice that their products might increase the risk of having a stroke, but courts could conclude that the evidence is insufficient to put the companies on notice that diet sodas are actually unsafe. If the evidence of causation grows, however, diet soda drinkers who suffer from strokes may have a sound argument that their strokes were caused both by drinking diet soda and by the manufacturer’s failure to warn them of that risk.

SOURCE


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