What is wrongful death, and when should a family member consider suing?

Do you know what to do if you’ve been attacked by a dog?

Auto crashes are too common and the scene of an accident can be very confusing.  What should the person involved in an accident do?

When the time comes to seek affordable and reputable long-term assisted living for a family member, many people fail to do their homework. There are many local, state and national resources available to help you avoid selecting a facility with a poor record of abuse and neglect reports.

No one expects to discover that their loved one has been denied a healthy and safe living environment, nutritious food and appropriate medical attention. Yet abuse and neglect occur at nursing homes across the country, and serious injury and even death can be a result.

Abuse can take many forms, from physical mistreatment and sexual abuse to purposeful emotional or psychological abuse. Nursing home abuse victims may be physically mishandled, verbally traumatized or subjected to a variety of other forms of abuse. A severe injury can also occur when a facility’s staff neglects residents, denying them adequate access to personal hygiene, medical treatment, or allowing them to remain unattended for long periods of time.

Fortunately, there is help for those seeking a nursing home or assisted living facility. The State of Florida Department of Elder Affairs oversees the Florida Long-Term Care Ombudsman Program. The organization offers assistance and guidance in selecting a nursing home facility, advocates for the rights of nursing home residents and their families and provides a hotline for the filing of a report in an abuse or neglect case.

Another excellent source of information about protecting the legal rights of a nursing home resident with resources that list nursing home performance ratings can be found at www.floridahealthfinder.gov, the website of the Florida Agency of Health Care Administration.

The nursing home abuse and neglect attorneys at Goldberg, Racila, D’Alessandro & Noone understand how emotionally difficult it may be to make the decision to admit a family member or loved one into a long-term care facility. If your mother, father or another relative suffers an injury or serious medical ailment because of their caretaker’s negligence, it leads to a truly traumatic situation. Call us at 239-461-5508, or visit our website at www.goldberg-law.com

The Florida Fish & Wildlife Commission notes that Florida leads the nation in the number of annual boating accidents, and there were 620 in 2009. With just under 1 million boats registered in Florida for 2009, its not hard to imagine the variety of scenarios that can cause a severe, injury causing accident, or even cause a boating crash fatality.

One of the main causes of boating crashes boils down to a simple fact; the inattention and/or improper operational skills of the vessel’s driver. Boaters who have not had sufficient boating safety training, a boater who makes the choice to consume alcohol while operating a boat, and the reckless operation of the boat are noted as leading reasons for a crash.

Two or more boats can collide with each other, but boats that strike stationary objects cause a large percentage of injuries. Sadly, Southwest Florida has a large percentage of the state’s accidents. Within the ranking of the top ten counties for boating accidents in 2008, Collier County came in at 6^th, and Lee County ranked as number 9.

In May 2010, three people suffered traumatic injuries in a tragic boating accident when a boat traveling at a high rate of speed hit the seawall near the end of Coral Point Drive, in Cape Coral. The accident happened at around 7:30 in the evening, and the Fish & Wildlife Commission’s initial investigators considered alcohol to be involved in the crash, but tests had not yet been returned.

The Florida FWC also reports these statistics for 2009:

• In 2009, boaters falling overboard was the main cause of boating fatalities.

This trend, although preventable, continues to grow.

• 70% of the Operators involved in reportable boating accidents had no formal boater education.

• 52% of the fatal crashes involved vessels less than 18 feet in length.

• Monroe County, home of the Florida Keys, reported the highest number of accidents and injuries with 77 total accidents, with 3 fatalities and 52 injuries.

• The deadliest month for 2009 was July, with 8 fatalities.

• The total fatality count for 2009 is reported as 65.

• 18.5% of the boating fatalities were caused by alcohol or drug use.

A boating accident can ruin a family’s life in the blink of an eye. Life-long injuries, medical costs and procedures, extensive rehabilitative therapies and very likely an inadequate amount of insurance coverage will mean you will never be able to live as you had before.

We urge you to practice safe boating and responsible operation every time you hit the water for a day of fishing or cruising with family and friends. If you have been the victim of a boating accident injury, Goldberg, Racila, D’Alessandro & Noone can provide a no-obligation consultation to review the specific details of your case, and best counsel you on how we will fight for your rights under the law. Contact us at 239-461-5908, or read more on our website at www.goldberg-law.com.

Today, law enforcement officials have the right to pull you over and write you a ticket for the single act of not wearing your seat belt. Governor Charlie Crist signed the law into legislation on June 23, 2009, to bolster the Sunshine State’s efforts to save lives on Florida roadways.

Statistics are a strong indicator that wearing a safety belt does save lives. According to the National Highway Traffic Safety Administration, the decision to not wear a seat belt kills one motorist per hour – every single day nationwide. In 2008, Florida experienced 1,795 traffic deaths of drivers and passengers in Seat Belt Equipped

Vehicles, or “SBEV”. 60% of these people, (1,085), killed were not wearing seat belts.

The fine for the seat belt violation is $30.00. But as the numbers reveal, the costs associated with suffering a serious injury or even losing a loved one simply because they did not buckle up are traumatically more painful.

“In our practice, we see almost daily what a serious car accident injury can do to the victim’s life, and the lives of their families,” says Joseph P. D’Alessandro, a Partner at the law firm of Goldberg, Racila, D’Alessandro & Noone, and an esteemed legal expert who served a long and legendary tenure as the 20^th Judicial Circuit’s first-ever State Attorney. “The use of safety belts is a no-brainer. Using old excuses about not buckling up increases the risk of a serious crash injury by a tragic margin.”

We urge all motorists to use their seat belts and proper child safety restraints – it’s just common sense.

To learn about our successes as experienced personal injury trial lawyers, contact us today at 239-461-5508, or read more on our website at www.goldberg-law.com.

Personal injury deserves personal attention.  When you need the personal, professional representation of an attorney in order to best protect your legal rights, we will be at your side every step of the way.

But just imagine the impact – both physically and otherwise – when an 18-wheeler is involved in a crash with another vehicle. These mammoths of the motorways in Florida and across the country are involved in an alarming number of motor vehicle accidents, and the sheer size and weight of a big rig colliding with a car can amplify the effects beyond imagination.

A typical passenger car may weigh between 6,000 – 8,000 pounds, but a tractor-trailer, even when empty, can tip the scales at 20,000 pounds. Add a full load of cargo and the massive missile can reach up to 80,000 pounds of moving mayhem. In some accident scenarios, it has been discovered that an improperly or over-loaded truck’s cargo may have added to the cause of a truck crash. The huge amount of weight packed inside a truck’s trailer can shift uncontrollably if a driver is forced to stop or change lanes suddenly, rendering the truck uncontrollable, especially at a high-speed rate of travel. Trucks that are towing an open trailer can cause an accident when the cargo becomes unsecured and lands on the roadway.

Whether you call them big rigs, tractor-trailers or semi’s, there are so many large trucks traveling Florida’s highways that attempting to share the road with them can be an intimidating and risky experience. The number one cause of big rig accidents is driver fatigue. Long-haul drivers, and even those who make their living behind the wheel of a large commercial vehicle on local routes, are subject to strenuous delivery schedules that require extensive time between rest breaks. The owner / operator of the truck, along with the driver, depend on profits that are based on getting their goods delivered to its destination on time. A driver whose schedule may cause him to push the limits of his alertness while making his run can lead to sleepiness and inattentive driving, and the results can be a life-altering crash.

There are estimates that indicate that as many as 40% of big rig accidents are the result of a driver error caused by operating while he is fatigued, and has not received the needed amount of rest between making his runs. Federal regulations require a driver can drive a maximum of 11 hours after having taken at least 10 consecutive hours off, but many truckers are guilty of exceeding those limitations. There are also a limited number of hours that a driver can work within a 7 to 8 day period.

Other factors that lead to tractor-trailer accidents involve an improperly trained driver who may not have received adequate training in operating an oversized and heavily- loaded truck. In other cases, the company that operates the vehicles may have cut corners when it comes to properly maintaining their fleet, which can cause a mechanical failure of catastrophic proportions. The owner / operators of large trucks that travel across the sunshine state hold a tremendous corporate responsibility to ensure that the trucks they send out on the road, and the people they hire to drive them, follow strict state and national certification and safety rules in order to keep our roads safe from big rig accidents.

Sadly, even though most big rig drivers are often referred to as “professional drivers”, alcohol and drug use has been known to cause some serious truck crashes. Just as with drivers of personal passenger vehicles, truck drivers have been found to be under the influence of drugs or alcohol as the result of a commercial vehicle crash investigation.

According to the Florida Department of Motor Vehicles, trucks known as “medium sized”, meaning with 4 rear wheels, were involved in 4,956 accidents in 1997. Heavy trucks and tractor-trailer rigs were involved in a startling 8,700 crashes that year. These big rig accidents resulted in 5,000 injuries, and were responsible for over 200 deaths on Florida roadways.

“The sight of a 70,000 pound rig barreling down the Interstate can be a truly scary occurrence,” says Scot D. Goldberg, Founding Partner and truck accident attorney at the law firm of Goldberg, Racila, D’Alessandro & Noone. “There is no question that these behemoths present an entirely unique set of risks when it comes to their potential for causing a serious motor vehicle crash”.

If you or someone you love has been the victim of a serious big rig accident, contacting our offices immediately is your best defense in attempting to collect the financial compensation to which you may be entitled. We have helped those injured by the negligence of a careless truck driver, and fought for the legal rights of the families of those who have lost their lives in many tragic big rig accidents.

To speak to an attorney with a thorough and intimate knowledge of trucking accident injury law, contact us today at 239-461-5508, or visit our website at www.goldberg-law.com to schedule a no obligation review of your case. We can explain why having us on your side can be your best strategy if a truck accident has torn your world apart.

According to U.S. Census Bureau numbers, over 3 million people over the age of 65 call Florida home, and that number will be growing rapidly as baby boomers continue to migrate here after retirement. The fact is that some senior drivers don’t realize until it is too late that they have outlived their capability to safely operate a motor vehicle.

As we get older, we have trouble focusing on moving objects, have trouble seeing in low light or at night and can have trouble dealing with bright glare from the sun or from headlights coming towards us. Older drivers also are prone to the onset of glaucoma or cataracts, which can seriously impede their driving skills.

Analysis of National Highway Transportation Administration, (NHTSA), and United States Department of Transportation, (USDOT), data indicates the 75 and older age group ranks highest in the fatal crashes by driver age group per 100 million miles traveled. The fatality rate among drivers 85 and older is higher than any other age group, including teens.

While many senior drivers understand that at some point their vision is simply not good enough to continue driving, others have trouble giving up the independence their car provides, and are reluctant to face the fact that it is time to hang up their car keys and leave the driving to someone else.

Generally, the best method to make sure a senior driver is still seeing well enough to drive is through close monitoring by a family member. Unfortunately, many older Florida residents don’t have a close relative who is nearby, and able to see the signs that failing vision can have on driving a car. In many cases, a medical professional or law enforcement official will take action to alert the older driver that their driving days may be over. The Florida Department of Motor Vehicles, (DMV), offers a special form that a doctor or road deputy can use to assure that the senior driver takes the necessary steps to have their vision evaluated in order to retain their driving privileges.

Florida drivers aged 79 or above who renew their license will be asked to undergo a basic vision test to ensure they are able to safely operate a motor vehicle. Those who suspect their vision has deteriorated since their last license renewal should receive an exam by their optometrist prior to going to the license renewal appointment.

The Florida DMVvision standard is 20/50. If a person’s vision is worse than that in one or either eye, the person will be referred to a licensed vision specialist to see if it can be improved. If one eye is blind, the other must have 20/40. The accepted minimum field of vision is 130 degrees.

Florida law provides many safeguards in order to ensure that senior drivers are capable of driving.  Someone who fails to meet the minimum vision requirements will be referred to a vision specialist and must return with a completed Mature Vision Examination Form.

The DMV also allows the vision specialist to submit vision results online, after which the driver can get their license renewed online, by phone or in person.

If the driver passes the subsequent DMV vision test, their driver license renewal will be granted (with a corrective lens restriction, if prescribed by their eye care professional).

“We often see cases in which a serous car accident was caused by someone with poor vision who really should not have still been on the road,” says Scot D. Goldberg, Founding Partner of the law firm of Goldberg, Racila, D’Alessandro & Noone. “If you or someone you know seems to be having trouble seeing while driving, we urge you to take action before they are involved in a catastrophic crash.”

There are many resources available to Lee County residents who need transportation once they are no longer able to drive safely:

• Good Wheels

• Lee Tran (public transportation)

• Local bus or taxi service

• Church or Assisted Living Facility transportation

• Family or friends

• Senior Friendship Center

If you have been injured in an accident involving a driver whose poor vision may have been a factor, a skilled motor vehicle accident attorney could be your best recourse for receiving financial compensation for your injuries, property damage, long-term medical care and lost wages. To learn more, contact us at 239-461-5508, or visit our website at www.goldberg-law.com.

If you understand the sentence above, there’s a good chance you’re probably guilty of one of the newest – and most dangerous – practices on the road today. Even though it is referred to as “shorthand” texting, telling someone that “Oh my God, got to go before my girlfriend gets here – be seeing you later” by typing it on your cell phone while driving is more often the short route to a tragic car crash.

There is an obvious paradox regarding the evolvement of today’s advanced personal communication technology: While most people agree that it greatly improves our day-to-day lives, they also agree that using it at an inappropriate time or place can be deadly.

Specifically, sending text messages, or “texting”, as it is commonly known, while behind the wheel of a car has been found to be just as dangerous as driving while drunk or impaired. In fact, the practice is often called “DWT”, for “Driving While Texting”. The resemblance to the more infamous “DUI” or “DWI” acronyms is purely intentional.

Countless studies reveal startling information about how seriously dangerous texting while driving can be. A recent Virginia Tech Transportation Institute study found that manual text messaging elevated the risk of a crash or near crash to more than 23 times higher than “nondistracted” driving. A study by the national Safety Council reports that 28 percent of car crashes are caused by either talking or texting while driving. Over 50 percent of teenage drivers, the segment of motorists found to be the most dangerous on the road, have admitted to texting while driving. But, putting the blame on teenagers is not fair – a startling 81 percent of the U.S. population also admits to the same practice.

In September of last year, Department of Transportation Secretary Ray LaHood convened a national Distracted Driving Summit in order to draw attention to the problem, and to develop solutions and gain input from those involved in the transportation industry. One result of the summit was the creation of FocusDriven, an organization dedicated to raising American public awareness about the dangers of driving while talking on cell phones or texting on handheld communication devices and PDAs. The organization will be modeled after Mother Against Drunk Drivers, (MADD), which has successfully lobbied for tougher drunk driving laws. Safety advocates are pushing states to do the same thing for texting and cell phone use. DOT Secretary LaHood has been quoted as saying he “is on a rampage against distracted driving”, and the administration has made the issue one of their top priorities. DOT officials also announced the launch of http://www.distraction.gov/, a new website developed solely to address the growing problem, and save lives on America’s roadways. The site contains news, facts and statistics and ongoing updates regarding the administration’s efforts to curb the problem on the national level. Additional statistical information is available on the website for the National Safety Commission, (http://www.NationalSafetyCommission.com), crediting recent academic studies, which say that “using a wireless communications device while driving is one of the most significant distractions that affects driving performance.”

The good news is that pending legislation in Florida that would ban the practice and make it illegal is rapidly gaining momentum. On March 10^th, a House committee unanimously approved a bill that would ban receiving or sending a text message while operating a moving vehicle. A similar bill has been filed in the State Senate, and Governor Charlie Crist has said he supports passage of the new laws. Locally, lawmakers are hopeful for a quick enactment in an effort to save lives in Florida roadways. However, while progress is being made, many are concerned that actual enforcement of the law will be an uphill battle, implying that the bill would have limited effectiveness. Another potential problem is that the current bills would make texting while driving a “secondary offense”, meaning law enforcement would not be able to cite a driver for that offense alone, without the existence of a “primary offense” for which the driver may be pulled over. Still, Florida lawmakers seem to be eager to take what they can get at this point. The Associated Press quotes Rep. Gary Aubuchon, R-Cape Coral, who is chairman of the Roads, Bridges and Ports Policy Committee that forwarded the proposed bill to the House, as saying, “When you’re offered a ham sandwich, sometimes it’s better to take the ham sandwich instead of waiting for the steak that might never come. By having a law on the books, we will get compliance that we don’t have today.”

On another positive note, a new service has sprouted from this relatively new national epidemic that may help prevent car crashes involving distracted driving. DriveSafe.ly is a new mobile phone application that actually converts incoming text and SMS messages into audio messages, and reads them out load in real time via your phone or PDA. There is even an option to set up a customized response feature, allowing you to hear and respond to your messages without ever touching your phone. For details, visit their website.

Personal injury attorney Scot D. Goldberg, founding partner of the Goldberg, Racila, D’Alessandro & Noone law firm in Fort Myers, reminds all Florida drivers about the very real dangers of driving while distracted. “Driving while texting is unfortunately quickly becoming the new DUI, and the resulting car crashes are just as tragic for those involved,” he says. “People need to realize the consequences are just as potentially deadly, and make more effort to remain focused on the road when they’re behind the wheel”.

If you have been injured due to the negligence of a distracted driver, our firm’s aggressive representation of your legal rights will help you attain the financial compensation you deserve. To learn more, contact us at 239-461-5508, or visit our website at www.goldberg-law.com.

The dog’s owners, who have children of their own, surrendered the dog to animal services, where a representative said the dog would be euthanized, and a sample will be sent to a lab to determine if the animal has rabies. This comes after two incidents in December 2009, when two Florida toddlers died after being attacked by the family’s pet dogs. In the case of Liam Perk, a two-year-old from Cape Coral, the family’s Weimeraner bit him on the neck just three days before Christmas. As is typically the case, the dog was reportedly a well-behaved, indoor pet, which for some unknown reason attacked the boy as he walked past the dog.

According to The Centers for Disease Control, it’s not just the breeds of dogs most often believed to be aggressive by nature, such as pit bulls or Rottweilers, which are involved in these types of attacks. (Although, these two breeds are responsible for a disproportionate number of attacks). If one of these breeds attacks, the chances of a much more serious maiming injury or even death increase dramatically. With other breeds, a bite usually causes a less serious injury that is most often not life threatening or fatal. Dogs bite more than 4.7 million people each year, with over 1,000 per day causing serious injury that requires hospital emergency room treatment. When it comes to children interacting with dogs, the numbers indicate that dog bites are the fifth most frequent cause for emergency room visits. Children are often at the most risk for dog bites for a number of reasons. They play with dogs more than do adults, are more likely to engage in an activity which could alarm or over-stimulate the dog, are less experienced in dealing with an agitated animal and are less able to defend themselves in the event of an attack.  There is some excellent information regarding safety and dog bites on the CDC’s website.

Sadly, fatal dog attacks in the United States have been going up. The yearly average was 17 in the 1980s and 1990s. There were 33 deaths in 2007, 23 in 2008, and 30 in 2009. In Florida, there are strict laws governing the control of dogs, and severe liability issues in cases where a dog’s owner is found to have been negligent in controlling his dog. Over 50% of dog bites occur on the dog owner’s property, and over 70% of biting dogs belong to the victim’s family or a friend. In the event of a dog attack occurring on the premises of a rental property, the landlord, as well as the dog owner, may be subject to harsh liability repercussions. In Lee County, it is unlawful for the owner or keeper of any animal to allow the animal to roam at large. Additionally, the section of the Lee County Animal Control statute pertaining to threatening or menacing animal behavior states:

(a) It shall be unlawful for the owner or agent of any animal to allow that animal to act in a threatening or menacing manner toward any other animal not belonging to said owner or agent, when that animal is not on the property of said owner or agent. This

section shall not apply to animals that are securely enclosed, or under the direct control of the owner/agent as defined in this article.

(b) It shall be unlawful for the owner or agent of any animal to allow that animal to act in a threatening or menacing manner toward any person not on the property of said owner or agent.

(c) Upon receipt of a report of any animal acting in this manner, domestic animal services may investigate the incident. After investigation, domestic animal services may order the owner or agent to keep the animal restrained or confined as defined in this article, and may issue a written warning or a citation and a notice ordering confinement.

(d) Upon an owner’s conviction under this section, the subject animal will be considered a dangerous animal for the purpose of section 6-44 as defined in this article. A record of the order to confine, the written warning, the citation, and any supporting affidavits will be held on file at domestic animal services.

(e) An order to confine will be a written notice issued by an animal control officer to a person who owns or harbors a dog that has acted in a threatening or menacing manner. The confinement must be completed within twenty-four (24) hours of the notice being issued. The animal control officer conducting the investigation will check to ensure that the confinement has been completed.

(f) Failure or refusal to confine any animal in violation of this section may result in the animal being impounded and/or citations being issued.

(g) Exception to threatening or menacing behavior. An animal that is secured on its own property cannot be found to be threatening or menacing.

Michael M. Noone, a trial attorney whose practice centers on personal injury, wrongful death, and insurance claim cases and who is a founding partner of the Goldberg, Racila, D’Alessandro & Noone law firm, warns that even the most docile breed of dog can suddenly become provoked to attack. “The fact is that these are animals, and even the most experienced animal behavioral authorities are at a loss as to explaining what causes a dog to attack,” Noone says. “People, especially children, need to exercise caution when they are interacting with any animal, even if it is a seemingly playful family pet”.

The personal injury team at Goldberg, Racila, D’Alessandro & Noone have been aggressively fighting for the rights of dog bite victims for over 10 years, and are intricately familiar with state and local dog bite laws and statutes. If you or a family member has been victimized by a serious dog bite injury, we welcome the opportunity to review your case on a no obligation basis to discuss your rights under the law. Please visit our website at www.goldberg-law.com, or call us at 239-461-5508 to meet with one of our personal injury attorneys.