Law Office of Alexander AlvarezMiami Insurance Defense Attorney | Personal Injury Lawyer2024-03-25T18:51:19Zhttps://www.aalvarezlawfirm.com/feed/atom/WordPress/wp-content/uploads/sites/1200124/2020/06/cropped-favicon-32x32.jpgOn Behalf of Law Office of Alexander Alvarezhttps://www.aalvarezlawfirm.com/?p=483272024-03-25T18:51:19Z2024-03-25T18:51:19ZSeveral states on the West Coast have paved the way for greater protection of workers who operate outside. Specifically, when temperatures rise, workers in several states now benefit from legal protections designed to safeguard them from heat-related illness and injury. Work-related access to shade, mandatory water breaks and screening for heat-related health conditions are now the law in some parts of the U.S. Unfortunately, Texas and Florida legislators have decided to “go another way.” Texas passed a law last year that prohibits local governments from requiring these kinds of protections that workers in California and Oregon now enjoy. Florida is poised to pass a bill into law that would achieve the same end. This could potentially lead some workers to file personal injury claims against the state if they suffer harm that could have been prevented had localities been allowed to mitigate the risks of heat-related injury and illness.
What is going on?
The Florida Senate has approved a bill that would prohibit municipalities from adopting or enforcing measures that would safeguard workers from the effects of heat. Given how hot many areas of Florida get, this is a stunning turn of events. The bill also prohibits retaliation protection for workers who report heat-related concerns, as well as heat-exposure training programs and requirements to track heat-related concerns. The bill is opposed by labor organizations that understandably support safety measures for construction workers, agricultural workers and others who often toil under the sometimes oppressive Florida sun. Perhaps the most concerning aspect of the legislative process related to this issue is that advocates insist that the legislation will allow for uniform requirements as set by federal law. While this is ordinarily a legitimate position from which to argue, the federal agency tasked with setting requirements – the Occupational Safety and Health Administration – has not issued any federal rules on the subject. Therefore, the “uniform rules” in place across Florida are none at all at this time.For now, workers will need to see if the House passes this bill and whether the governor signs it into law. If this happens, the law will take effect on July 1 of this year. If so, workers who experience heat-related harm on the job will have fewer opportunities for recourse moving forward. With that said, suing the state if preventable heat-related injury or illness leads to physical harm could be a possibility in some cases.
]]>On Behalf of Law Office of Alexander Alvarezhttps://www.aalvarezlawfirm.com/?p=483262024-03-19T11:50:21Z2024-03-19T11:50:21ZDriving is an activity that requires a lot of focus. There are always hazards on the roadways at any time of day. Road users cannot afford to be distracted.
Nonetheless, distractions do occur and they can result in serious accidents. In fact, distracted driving is thought to play a role in up to 15% of accidents that result in injuries. Outlined below are some of the most dangerous driving distractions:
Cell phone use
The most dangerous form of driving distraction is cell phone use. When a driver is on the phone or sending or receiving a text, they are paying little attention to the road. Glancing at a text or sending one can only take a few seconds, which doesn’t sound like long. Nonetheless, a few seconds when travelling in a vehicle is a lifetime and it is more than enough time for an accident to occur. Even hands-free devices don’t eliminate the risk of crashes occurring. The problem is that the mind is elsewhere when on a phone call, and despite common misconceptions, humans are not that good at multitasking. According to the National Safety Council (NSC), cell phone use is a factor in up to 27% of all road traffic collisions.
“Lost in thought”
The next form of distracted driving may come as a surprise, as it involves no physical distraction. Nonetheless, cognitive distractions or “being lost in thought” are considered to be just as dangerous as physical distractions. Some studies suggest that being lost in thought plays a role in over 50% of all fatal crashes. People can be lost in thought for several reasons. They may be stressed out about work or they may have had a fight with their partner before setting off in the vehicle. It is vital that drivers are in a good frame of mind before travelling. If you have been injured by a distracted driver, you may be entitled to financial compensation. The more legal information you have, the stronger your case will be. ]]>On Behalf of Law Office of Alexander Alvarezhttps://www.aalvarezlawfirm.com/?p=483252024-03-07T15:27:27Z2024-03-07T15:27:27ZWhat does research show?
Road rage incidents have been on the rise since 2020. Drivers have been more likely to lose their cool in traffic or to allow issues on the road to lead to interpersonal confrontations. Florida sees somewhat higher-than-average rates of road rage according to self-reported data from drivers.
Florida ranks 17th in the nation for road rage based on how often drivers report facing confrontations or losing their cool in traffic. Roughly 15% of the drivers polled reported having another driver exit their vehicle due to traffic issues. Almost one in five drivers admitted to experiencing road rage frequently.
Road rage incidents sometimes lead to prosecution. The state can bring charges against someone who behaves in a patently unsafe manner in traffic or who attacks other people. Road rage incidents can also lead to collisions when drivers become aggressive in traffic.
Those affected by road rage incidents sometimes have complicated insurance claims ahead of them. The driver who became enraged and did something threatening or inappropriate in traffic may have avoided personal involvement in the wreck their actions caused, which can make seeking compensation more of a challenge. In some cases, a personal injury lawsuit might be appropriate depending on the losses generated by the road rage incident.
People can limit their risk of a road rage incident by avoiding eye contact with others in traffic, allowing people to pass them and recognizing the warning signs of an aggressive driver that they may want to avoid. Tracking trends in road safety can help people reduce their risk of a motor vehicle collision and major financial losses due to changes in traffic behavior.]]>On Behalf of Law Office of Alexander Alvarezhttps://www.aalvarezlawfirm.com/?p=483232024-03-01T17:29:27Z2024-03-01T17:29:27ZIt often feels like there’s a focus on safety on American roads, and you would assume that those roads are getting safer. New vehicles have crumple zones, airbags, blindspot monitoring systems, backup cameras and plenty of other examples of auto safety technology. This should reduce the number of accidents that happen – and the number of fatalities.
However, studies have found that the opposite is occurring. The fatal accident rate has been going up in recent years. For instance, there was a 16% increase between 2018 and 2022. The total fatalities for the year jumped from 36,835 all the way up to 42,795.
Why are these accidents happening?
Speed is often cited as a reason for the rise in fatalities. This is especially true when traffic levels decrease. Rather than reducing the number of fatal accidents, lower traffic levels tend to increase fatalities because they lead to higher overall speeds. So there may be fewer total accidents, but the fatality rate goes up because more of those accidents are deadly.It’s also impossible to ignore the increase in distracted driving. Cellphones in particular are a major reason for distraction. But in-car infotainment systems can also be distracting as drivers try to do things like changing the radio station, streaming music, using a GPS or adjusting the temperature controls.Since the accident rates are going up, you do face risks from other drivers every time you’re on the road. If you suffer injuries, or if a loved one passes away in an accident that someone else caused, you need to know how to seek compensation.]]>On Behalf of Law Office of Alexander Alvarezhttps://www.aalvarezlawfirm.com/?p=483222024-02-15T15:20:20Z2024-02-15T15:20:20Ztrauma-related hospital admissions, and they can be outright fatal to older people – but people do not have to be elderly or frail to get seriously hurt in one. If you witness a loved one’s fall in a store, parking lot or anywhere else and want to help, there are a few things that you’ll want to keep in mind.
Prioritize the victim’s safety
Encourage your loved one to lie still so that they can assess how hurt they might be. It’s particularly important that they not try to get up right away, especially if there is something on the floor around them that contributed to their fall, like a spilled drink or cleaning fluids. They could end up falling again, and that could lead to even more severe injuries. Call 911 and request assistance so that your loved one can be properly evaluated for head injuries, back injuries and broken bones, among other things.
Alert the property’s owner or manager
If possible, try to let the property’s owner or manager know what has happened. This is particularly important when the fall was due to some kind of property negligence, like a broken step, missing handrail or forgotten “Wet Floor” sign. If your loved one is seriously injured and decides to eventually file a premises liability claim, that notice can also help establish a clear timeline of events and connect their injuries to the fall.
Take photos of the accident scene
Your loved one may think you’re going overboard, but pictures really are worth more than any words when it comes to future injury claims. Take photos of whatever you think may be important at the scene, such as the lighting conditions, the cracks in the tile on the floor, the position of the torn rug near your loved one and so on. Those photos may become valuable evidence in the future.
Quick thinking on your part can not only help your family member or friend avoid more severe injuries, but it can also help them ultimately receive fair compensation for what they’ve endured.]]>On Behalf of Law Office of Alexander Alvarezhttps://www.aalvarezlawfirm.com/?p=483202024-02-07T00:21:14Z2024-02-07T00:21:14ZHow charting and documentation aid in defense
Charting and documentation provide a chronological timeline of the patient's condition and the care delivered. This timeline is critical in establishing the sequence of events, decisions made by the healthcare provider and the rationale behind those decisions. It offers a factual basis to counter negligence claims, showing that the provider acted competently and made informed decisions based on the patient's condition.
They can demonstrate adherence to standard care protocols. Medical malpractice claims often hinge on whether the care provided deviated from the standard practices accepted in the medical community.
Documentation can highlight the informed consent process. A significant aspect of medical treatment is ensuring patients are fully informed about their treatment options, including potential risks and outcomes. Detailed records of these discussions, including the patient's questions and responses, can serve as evidence that the patient was fully informed and consented to the treatment.
Addressing medical malpractice claims
When a claim of medical malpractice is launched, providers should be able to count on charting to show that they acted in a manner consistent with the healthcare they’re required to provide. This can become a valuable component in a defense. Seeking legal guidance can help a provider to better ensure that evidence of their acceptable professional conduct is presented in a way that is most likely to secure a favorable outcome.]]>On Behalf of Law Office of Alexander Alvarezhttps://www.aalvarezlawfirm.com/?p=483192024-01-24T02:49:13Z2024-01-24T02:49:13Zdanger motorcyclists encounter is the failure of other drivers to detect and recognize motorcycles in traffic. This lack of visibility can lead to hazardous situations, especially at intersections or during lane changes. Additionally, the smaller size of motorcycles can result in misjudgments of a motorcycle's speed and distance, which increases the risk of accidents.
The blind spots of other vehicles
Motorcycles often fall into the blind spots of larger vehicles, such as trucks and SUVs. These blind spots are areas around the vehicle where the driver can’t see, even with the help of mirrors. When a motorcycle is in a blind spot, it becomes invisible to the driver, who may change lanes or maneuver without realizing the motorcycle's presence. This can lead to collisions, especially on highways where vehicles are moving at higher speeds.
Distracted driving and its impact
Distracted driving is a growing concern for all road users. When drivers are distracted by their phones, passengers or other activities, their ability to notice and react to motorcycles decreases significantly.
The effects of poor road conditions
While poor road conditions affect all vehicles, they can be particularly hazardous for motorcycles. Potholes, uneven road surfaces or debris can cause a motorcyclist to lose control more easily than a car or truck driver.
Inclement weather, such as rain or fog, reduces visibility and affects the traction of motorcycles, increasing the risk of skidding. These conditions require motorcyclists to be extra vigilant, but they also demand greater awareness and consideration from other drivers to ensure safety for everyone on the road.
When a motorcyclist is injured in a wreck, they’ll likely need significant medical attention, which can be costly. If the crash is the result of another party’s negligence, seeking compensation is possible. Florida law sets time limits for these matters, so working with someone familiar with these cases to get things moving quickly is important.]]>On Behalf of Law Office of Alexander Alvarezhttps://www.aalvarezlawfirm.com/?p=483182024-01-18T18:52:31Z2024-01-18T18:52:31Zclaim of medical negligence are true.
You had a duty of care toward the patient
Some people are so desperate or upset that they lash out at the wrong person. If it was your patient, you probably had a duty of care towards them, but if this was not the case, it’s essential to show that.
You deviated from the expected standard of care
If you did what most other doctors would have done in your position, you probably do not have a case to answer. If, however, you abandoned the rule book, you might.
They suffered harm that was a direct result of your actions or inaction
Sometimes, people link two things that are merely coincidental. Yes, a patient may have gotten seriously ill after you treated them, but that does not mean you caused their harm. A plaintiff must show they suffered harm and prove it was a direct result of something you did wrong.
The law understands that doctors cannot achieve perfect results all the time. However, not all patients do. Getting assistance to build your defense is wise if someone accuses you of negligence.]]>On Behalf of Law Office of Alexander Alvarezhttps://www.aalvarezlawfirm.com/?p=483172024-01-11T03:34:34Z2024-01-11T03:34:34Z373 people lost their lives in crashes with semi-trucks that year. The following are the top five causes of semi-truck crashes.
Passenger vehicle drivers
According to research into crash data by the Federal Motor Carrier Safety Administration (FMCSA), the people who drive passenger vehicles cause slightly less than half of all semi-truck crashes. Often, the mistakes these drivers make involve getting too close to a commercial truck.
Commercial drivers' decisions
When looking at the crashes caused by big trucks, bad decisions by drivers were the leading cause of such collisions. According to the FMCSA, 38% of the crashes caused by semi-trucks are the results of a decision-making failure. Leaving inadequate space between vehicles or driving too fast given road conditions are examples of decision-making mistakes that could cause a crash.
Recognition errors
The second-leading reason that semi-truck drivers cause crashes is a recognition issue. Due to distraction, visibility issues or other factors, they fail to properly monitor traffic and may cause a crash as a result.
Non-performance
Truck drivers have to work very long shifts in a profession that has a strong association with health challenges such as obesity. According to FMCSA data, approximately 12% of the crashes caused by semi-trucks occur because the driver cannot perform their job due to falling asleep or having a medical emergency.
Vehicle issues
Occasionally, a truck driver would not be able to prevent a crash despite their best efforts because of an issue with the vehicle itself. Improperly-loaded trailers, bad brakes and tire blowouts are all issues that could cause crashes due to the condition of the semi-truck.
Most of these concerns are not under the control of the average driver. Giving commercial trucks as much space as possible on the road could help people limit their chances of causing a crash and may give them time to react to potential hazards that could otherwise lead to a crash.]]>On Behalf of Law Office of Alexander Alvarezhttps://www.aalvarezlawfirm.com/?p=483152024-01-05T22:54:19Z2024-01-05T22:54:19ZWhen a patient experiences an adverse outcome to a medical procedure or their condition suddenly worsens despite your best efforts, it’s only natural to want to express your sympathies to them or their family – but physicians have long been counseled against the practice for fear that their words would be used against them in a medical malpractice claim.
Times have changed. Both physicians and lawmakers have come to realize that muzzling a physician when they want to communicate with a patient or their family can actually make a situation worse – not better. Thus, “apology laws,” like the one here in Florida, have come into being.
What’s Florida’s rule on apologies?
Essentially, the law in this state separates expressions of sympathy from actual admissions of fault. In general, expressions of sympathy and sorrow over the patient’s condition are not admissible as evidence in a medical malpractice claim – but admission of actual responsibility can be used in court.For example, a physician might safely say something like, “I am sorry there was nothing else to be done to save your mother,” but they could not safely say, “I am sorry I misread your mother’s lab results.” The first is an acknowledgment of the patient’s loss and the family’s grief, while the latter is an acknowledgment of culpability.It’s important to realize that avoiding a medical malpractice lawsuit is often easier when a patient or their family members don’t feel like their losses or tragedy is being dismissed or ignored – and an expression of sympathy can do a lot. If you do find yourself facing a medical malpractice claim, experienced legal guidance is essential.]]>