Reducing Truck Accidents in Florida

As I’ve previously written, truck accidents are more dangerous to other drivers than to the truck drivers themselves. In order to help reduce the number of these dangerous accidents that occur on our Florida roadways, I wanted to share some pointers for sharing the road with large trucks.

First, let’s cover why truck accidents happen. Then we’ll focus on reducing some of those causes.

Why Do Truck Accidents Happen?

If you’ve never driven a commercial vehicle, it may be difficult to understand how unwieldy they can be at times, especially when navigating tight corners and narrow roads. However, a lot of truck accidents are caused by the same things that cause regular passenger car accidents.

Driver Mistakes

Unfortunately, most accidents are caused by driver mistakes. Distracted driving, aggressive driving, and driving under the influence are all common causes of car accidents that can be avoided. In addition, truck drivers driver for many hours at a time. They may become tired or fail to take breaks. This can inhibit reflexes or cause them to fall asleep at the wheel. Regulations are in place to ensure drivers aren’t behind the wheel too long and that they get adequate rest, however, more work can still be done to ensure they are well-rested and paying attention to the road.

Mechanical Problems

Just like cars, trucks can suffer from mechanical problems such as defective tires. Plus, trucks generally have more controls and systems that are likely to malfunction in cars. If a driver ignores a small problem in order to get a job done, he or she may make the problem worse and cause other systems to fail.

Poor Weather Conditions

Visibility is greatly diminished during a thunderstorm and the time needed for a vehicle to safely stop is increased. For truck drivers who are maneuvering vehicles that are over 13 tons, driving during heavy rainfall can be especially difficult.

Driving Safely with Trucks

Here are some tips for more safely navigating around trucks and other large vehicles:

• Steer clear of a truck’s blind spots. Make sure you can see a truck’s mirrors.
• Never tailgate a truck. Not only can a driver not see you when you’re tailgating, but you may not be able to tell when he or she is decelerating.
• Don’t cut off a truck—they may not have enough time to stop. Make sure you use your signal if you must merge in front of a truck and that you are moving faster than the truck so they don’t have to slow down suddenly.
• Be patient. Trucks take longer to accelerate and to slow down. Lay off the horn if you’re stuck behind a slow moving vehicle. That may distract the driver.
• Provide a wide berth on turns. You’ve likely seen the signs on the back of trucks warning about wide right turns. Make sure you aren’t in their path.

Consulting With a Tampa Truck Accident Attorney

If you’ve been involved in an accident with a truck, a Tampa truck accident attorney can provide you with legal advice on whether to proceed with a claim.

Truck accidents can lead to serious and even deadly injuries. Recovering from these injuries can take months and some unlucky victims may have lifelong medical issues. When you speak with a Tampa truck accident attorney, you can trust that you’ll get the best advice about whether to file a claim to seek compensation.

Truck accidents victims who have been severely injured may be able to seek compensation to cover the costs of medical care and lost wages, in addition to the costs of any medical care needed in the future.

A truck accident can have serious consequences. Make sure you have the right team on your side to fight for you. If you’re ready to explore your legal options, call a Tampa truck accident attorney today.

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Why Sinkholes are Common in Florida

Florida residents are no strangers to sinkholes.

Recently, a sinkhole opened up at a Mosaic fertilizer plant. The huge hole caused polluted water to enter the Floridan Aquifer, contaminating the water. Whether activities at the plant caused the sinkhole to open up is unclear, however, this is the second time a sinkhole has opened up at the New Wales plant.

Other stories of sinkholes opening up under homes and in roadways are part of Florida lore. An old Florida Department of Environmental Protection poster shows the distribution of some of the state’s sinkholes from 1954 to 2004.

Sinkholes are alarmingly common in Florida. Here’s why.

Why do Sinkholes Happen?

Sinkholes have multiple causes.

Natural sinkholes happen when underground soluble bedrock such as limestone, gypsum, or sandstone, among others, is dissolved by acidic rainwater. It can take hundreds of years for the bedrock to dissolve enough, however, the cavities and voids it forms and enlarges can have devastating effects that seem immediate and unpredictable.

With a void beneath it, once the top layer of rock and dirt can no longer support the weight of whatever is built upon it, it collapses.

Not all sinkholes leave gaping, dangerous holes and property destruction. Some holes result in a little sinking and the formation of ponds.

Manmade sinkholes occur when an underground cave or a tunnel collapses, causing the ground above the cave or tunnel to become unstable and sink. Activities like drilling can also exacerbate areas prone to sinkholes and cause them to become unstable.

Because most of Florida is on a bed of limestone, it is more susceptible to sinkholes. Central Florida is especially prone and has earned the nickname “Sinkhole Alley.”

Are You Protected From Sinkholes?

If you have not read your homeowner’s insurance policy or your renter’s policy, you may want to check that sinkhole damage is covered. It is no longer compulsory and must be added to a policy at the policyholder’s request.

Signs that your home may be in danger from a sinkhole include:

1. Newly exposed surfaces at ground level. If you can now see parts of your foundation or fence posts that were previously underground, your soil may be settling or sinking.
2. Sagging or leaning in fences and structures.
3. Large cracks in driveways, walls, and floors.
4. Water collecting in areas in which it didn’t use to collect. If a small pond is forming after a thunderstorm and this didn’t use to happen, some of your land may have sunk.

Consulting With a Tampa Sinkhole Attorney

Sinkholes can cause structural damage and make your home unsafe to live in. They can destroy property and can cause injuries. If you notice a sinkhole opening, it is important to speak to your insurance company and the county emergency management office. While some small sinkholes can be filled in and be made stables, others may be too dangerous to fix.

A skilled Tampa sinkhole attorney who understands the causes and consequences of sinkholes can help you file an insurance claim so you have the best chance of having your claim approved. With knowledge of the insurance process and sinkhole investigations, a Tampa sinkhole attorney can help ensure your claim is filed properly the first time and reduce the stress and confusion of filing an insurance claim.

If you believe that the developer of your property knew about the sinkhole and failed to inform you, speaking with a Tampa sinkhole attorney can provide you with your legal options and help you evaluate whether you have a legal claim to compensation.

Florida sinkholes may be common—but that doesn’t mean you have to live with the damage. Call a Tampa sinkhole attorney today to get help with your claim.

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Dental Malpractice and the Standard of Care

Most people are pretty aware of what medical malpractice is thanks to a slew of medical dramas. However, just like medical professionals are held to a certain standard of care, so too are dentists, nurses, anesthesiologists, and other professionals (including lawyers!).

 

What is Malpractice?

Malpractice, as defined by Google, is the “improper, illegal, or negligent professional activity or treatment, especially by a medical practitioner, lawyer, or public official.” While colloquially we may quip that receiving inadequate care is “malpractice”, legally there are specific guidelines that must be met in a malpractice case.

For a finding of legal malpractice, an attorney must show that a relationship existed between the plaintiff (the victim) and the defendant (the professional accused of malpractice) and that the latter provided care that was not in line with the standard of care for their profession.

The standard care is especially important. Medical and dental treatments have complications and suffering from these complications is not considered malpractice. Rather, malpractice is defined by whether a professional deviated from the standard of care and whether that deviation led to injury to the victim.

The standard of care is defined by the community of practice. For dentists, the standard of care would be defined by determining what other dentists would do in the same situation. Would they also extract an infected tooth or perform oral surgery? If the defendant’s plan of action differed from the standard of care for their professional community, an attorney will then try to link that negligence to the injury suffered by his or her client.

Essentially, to show malpractice an attorney must illustrate that a dental practitioner is liable for his or her client’s injuries because of their negligence or recklessness in deviating from the standard of care.

Identifying Dental Malpractice

I covered what dental malpractice is in a previous post, however, I believe it’s important to cover it again because it remains a murky topic. There are no good statistics on the incidence of dental malpractice and reporting will remain poor until more people understand what dental malpractice and speak up.

One way to report possible dental malpractice is to reach out to the Florida Dental Association Foundation. According to the national American Dental Association, state associations will review and mediate disputes between patients and dentists. Unfortunately, this information is not readily available on the FDAF site.

Another way to deal with a possible dental malpractice dispute is to seek advice from a Tampa dental malpractice lawyer. A lawyer who has handled similar cases can walk you through the process and help you determine whether you have a viable claim.

Consulting with a Tampa Dental Malpractice Lawyer

Finding a reputable Tampa dental malpractice lawyer doesn’t have to be as frustrating as getting a cavity filled. At John Bales Attorneys, we help those who have been injured by dental professionals seek compensation for medical bills, corrective procedures, and pain and suffering.

We believe that when someone else has caused you harm or injury, you shouldn’t have to pay.

Dental malpractice is no laughing matter. It can leave victims with nerve damage, paralysis, and more. In some cases, victims have been killed because of a dentist’s poor decision making.

Holding a negligent or reckless dentist or dental assistant liable can not only help you receive the compensation you deserve, but it serves to protect others from undergoing the same fate. Don’t get caught unawares by the Florida statute of limitations, consult with a Tampa dental malpractice lawyer today.

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Fighting Sexual Harassment in the Workplace

Sexual harassment and sexual assault has been in the news lately and even trending on social media. The point behind the message is that too many women stay silent after being victimized. After Roger Ailes was ousted from Fox following sexual harassment allegations and other allegations that are cropping up in the news, it’s important to note that sexual harassment is not something women—or men—have to put up with in the workplace.

What is Sexual Harassment?

One way that victims of sexual harassment are brushed off is by excusing sexual harassment as just light-hearted banter or a compliment. Unfortunately, this shows that not enough people understand what sexual harassment is. Having a clearer view of what sexual harassment entails may help more individuals understand why certain types of jokes or touching are not appropriate in the workplace.

 

The Equal Employment Opportunity Commission defines sexual harassment as:

“Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitute sexual harassment when this conduct explicitly or implicitly affects an individual’s employment, unreasonably interferes with an individual’s work performance, or creates an intimidating, hostile, or offensive work environment.”

 

Sexual harassment can be perpetrated by women or men and can victimize people of the same or the opposite sex. In fact, not only can a victim be the person to whom the comments and advances are directed, a victim can be anyone who witnesses said comments or advances and is affected by the behavior. Essentially, these types of comments create a hostile work environment for victims and make it difficult to work.

 

In addition, sexual harassment isn’t just between a superior and their employee. It can happen across any level and can even include vendors and non-employees.

 

Reporting Sexual Harassment

Most workplaces have a set system in place for reporting issues such as sexual harassment and other discriminatory practices. You can check with an HR representative or in an employee handbook for the set procedure in your company.

 

If you file a report, however, and feel that it is not investigated and the behaviors reported continue, you may have a legal claim. If you feel that you are being retaliated against because of your claim or have been unfairly terminated for speaking out, consulting with a Tampa employment dispute attorney can help you move forward.

 

Consulting With a Tampa Employment Dispute Attorney

If you’ve been the victim of workplace sexual harassment, you have rights. Your place of work should be a safe environment that allows you to be productive and useful. Employers who allow sexual harassment to continue or who perpetrate sexual harassment should be held responsible. Likewise, those who ignore claims or retaliate against employees making claims should be held responsible for practices.

 

Sexual harassment doesn’t just make a workplace hostile, it can lead to pain and suffering as well. Employers have a responsibility to create a safe working environment for all employees. When they break that contract and fail to rectify a problem, they should be held responsible. If they illegally act out against an accuser, they should be held responsible.

 

Consulting with a Tampa employment dispute attorney can help you determine what your legal options are. Depending on your situation, you may be entitled to compensation or to reinstatement at your job. It is important, however, that sexual harassment is reported through the appropriate channels in a timely fashion and that legal advice is sought quickly thereafter. Don’t delay, if you’ve been harassed or discriminated against in the workplace, reach out to a Tampa employment dispute attorney today.

 

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Nursing Home Abuse is Still Prevalent

Nursing home abuse and elder abuse is a serious problem in Florida. The state not only has an agency to look into the claims, The Florida Department of Elder Affairs, but also provides assistance with locating nursing homes to help residents find the best homes for their loved ones.

Florida has over 4.4 million residents over 60 and that number will continue to increase. Unfortunately, our elderly population is at greater risk for abuse—and the statistics show it. Nationwide, about 9.5% of people over 60 are victims of some form of elder abuse. In Florida, over 11% of those over 60 are victimized.

 

How can we curb this problem and keep our loved ones safe?

Recognizing Elder Abuse and Nursing Home Abuse and Neglect

Those over 60 are more at risk for the following types of abuse:

• Physical Abuse such as hitting and kicking.
• Verbal Abuse such as demeaning remarks, shouting, and threats.
• Sexual Abuse such as unwanted touching or forced sex without consent.
• Financial Abuse such as manipulation of funds or stealing.
• Neglect such as dehydration, starvation, and having needs left unmet.

To lessen the chances of abuse you can:

• Thoroughly vet and visit any potential nursing homes. Don’t just sign up for a nursing home because it’s covered by insurance or close to home. Stop by unexpectedly and have a look around. Check to see that residents look well taken care of, that there is enough staff, and that everything (and everyone) looks clean.
• Visit loved ones in nursing homes. Regular visits lift the spirits of our loved ones and also allow us to better notice any changes in mood and behavior that can signal something is wrong.

Also, be sure to keep an eye out for the signs of abuse. Because abuse isn’t just physical, signs may be more behavioral or psychological. Once any of the following signs have been identified, speak to those in charge of the facility in order to start an investigation or remove your loved one from the situation.

If your loved one has suspicious cuts, bruises, welts, broken bones, or other unexplained injuries, they may be a victim of abuse. Similarly, if there behavior changes, if they become withdrawn or quick to anger, or if they pull back from their favorite activities, they may be a victim of abuse. This pamphlet from the Department of Elder Affairs details more of the signs of abuse.

Seeking Help From a Tampa Nursing Home Abuse Attorney

Nursing home abuse comes in many forms—physical, verbal, sexual, and financial. If you discover your loved one has been abused because of a negligent nursing home, you shouldn’t be forced to pay for recovery costs. Consulting with a Tampa nursing home abuse attorney can help provide you with legal options as you determine how best to move forward.

Nursing home abuse victims may suffer from physical and behavioral issues after abuse. In addition to medical care, they may require therapy to help them heal and overcome their abuse. Victims of financial abuse may find they’ve been swindled out of their savings.

It’s important that we protect this at-risk population and do what we can for the elderly residents of nursing homes. Our elders should feel safe as they live out their golden years and those who would harm them should be punished.

If you believe your loved one is being abused, be sure to report the abuse and remove them from the situation immediately. Afterward, call a Tampa nursing home abuse attorney to help you protect and fight for the needs of your loved one.

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Prepare for Fun with These Halloween Safety Tips

 

As the end of the month draws near, I wanted to share some Halloween safety tips so parents can prepare themselves and their families for the fun ahead.

 

Halloween Costume Safety

Make sure costumes fit well. Children should be able to easily walk in their costumes. Their eyes should remain uncovered, so make sure eye holes in masks are big enough. If you can, opt for face paint instead of masks that may reduce vision and reduce any tripping hazards like long scarves or robes.

 

If your children’s costumes are dark in color, trim them with some reflective tape to make them more visible in the dark. Similarly, trim any loot bags with tape to improve visibility.

 

Any pretend weapons like swords should be soft and small so that they are easy to carry and won’t cause harm in case of a fall. (And here’s a bonus tip for parents: Consider carrying a tote bag to hold any discarded costume accessories as kids get tired of holding them.)

 

Trick-or-Treating Safety

Bring along glow sticks and flashlights to light the way and to make children more visible to drivers and other pedestrians. Glow sticks are easy to find in most stores right now.

 

Accompany children under 12 as they trick-or-treat. Children over 12 should stick to areas they know if they want to head out on their own. Give older children a curfew.

 

If you plan on going in a group, make sure to stick together or buddy up to keep everyone accounted for.

 

Stay on a sidewalk whenever possible. If there are no sidewalks, walk facing traffic. Remind young ones about road safety and looking both ways before crossing the street.

 

Wait until you get home to dig into the candy. That way, parents can check for any tampering, spot treats with allergens, and discard anything deemed unsafe.

 

Halloween Home Safety Tips

If you’re in charge of handing out treats, here are some tips to make sure your visitors enjoy themselves.

 

If you have a dog, keep them someplace safe and away from the door. Not only will some children be afraid of dogs, but the constant doorbell ringing and the stream of trick or treaters may startle your dog. If you have a cat, consider keeping them in a room as well so they don’t try to slip out the door.

 

Provide treats that are store bought. They don’t have to be food—play doh, erasers, and other small Halloween toys can be a fun surprise—but avoid anything handmade.

 

Light the path so guests can easily find your door. Some excited children may end up cutting through your lawn, so check that you haven’t left out any errant gardening equipment or other items that could be easily tripped over.

 

Most trick or treaters know to only visit homes with their porch lights on. Keep your light on to let them know you’re a trick-or-treat house!

 

Looking for more tips? Here are some from the Centers for Disease Control. Plus, SafeKids.org has a great infographic that about Halloween safety.

 
Halloween has certainly grown in popularity over the past couple of decades and it’s pretty easy to understand why. With kids donned in costumes and bags of free candy, it’s like a giant party. Make sure you and your family stay safe this Halloween so you can enjoy all the fun. Happy Halloween!

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Boat Safely With These Tips

After Marlins Pitcher José Fernández died in a boating accident on September 25th, many Floridians and baseball fans nationwide mourned the passing of a bright star.

Florida has the highest rate of boating accidents in the nation. Part of that is due to Florida’s great weather and high rate of boat ownership. Last year, 62 people died in boating accidents (PDF) in Florida alone. And while summer is technically over, Florida’s temperate weather allows many boaters to continue to enjoy the waters. Here are some tips to stay safe as you fish, float, or speed through the lovely Florida waterways.

Take a Class

Make sure you know your stuff and what to do when you’re out on the water. Consider taking a boat safety class and a CPR class before getting your feet wet. Also, it’s a good idea for anyone else who may operate your boat to take a safety class. Consider having your kids take a class once they’re fourteen.

Always Check the Weather

Before leaving the dock, make sure you’ve checked the weather and made a plan. If it’s too choppy or there’s the potential for a storm, consider delaying your trip.

Rock a Life Vest

If you think a life vest makes you look weird or limits your movement—think again. There are plenty of different types of life vests that can help you keep your mobility—and your life. Make sure any non-swimmers are always wearing a vest, and keep enough life vests on board your vessels for your passengers.

Tell Someone Your Plans

Anytime you plan on heading out on the water, make sure someone knows where you’re going and when you plan to be back.

Save the Beer for Later

While drinking and boating may seem like they go together, it’s actually very unsafe. Not only are boaters held to the same BAC level as drivers, but alcohol doubles your chances of being in a boating accident. So save the beer for after the trip and enjoy the water sober.

Boating Safety Can Save Your Life

In 2015, most boating fatalities occurred because of falling overboard or flooding while out on the water. Sixty-four percent of deaths were attributed to drowning. Eighty-seven percent of the deceased were not wearing flotation devices, and 72% did not have boater education.

You can reduce your risk of accident. Take your boating safety seriously and take a class to learn more about how to properly operate a vessel and how to deal with an emergency. And don’t forget to have a flotation device nearby.

When to Speak to a Tampa Boating Accident Lawyer

If you were injured in a boating accident or have had property damaged because of a boating accident, a Tampa boating accident lawyer may be able to help you receive compensation for your injuries or damages.

When someone else’s recklessness or negligence leads to injury or damage to property, the tort system allows you to seek compensation to cover your medical bills, lost wages, and repair or replacement costs for damaged property. Consulting with a knowledgeable Tampa boating accident lawyer is the first step in making a claim.

If you are attempting to file a claim with an insurer and are being stonewalled, a Tampa boating accident lawyer can help. Experience dealing with insurance companies as well as in-depth knowledge of the law can make the process go more smoothly.

To avoid being penalized by Florida’s statute of limitations, make sure to speak to a Tampa boating accident lawyer as soon as it is clear that you need one. Don’t hesitate—contact a Tampa boating accident lawyer for the legal help you need.

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