Florida Fire Pit Accidents

cute little adorable baby boy put big wooden stick in fire pit with huge fire at house garden yard

cute little adorable baby boy put big wooden stick in fire pit with huge fire at house garden yardMany people will spend time by the fire. In most cases, fire pits and fireplaces offer peace, relaxation, warmth, and more. However, fire is dangerous, and as a result, fire pits can also be quite dangerous.

Each year, many people in Florida and other states end up injured while using a fire pit. If you or a loved one has been injured caused by a fire pit accident, you will want to talk with a lawyer. You may be owed compensation, especially if the injury resulted from another person’s actions or negligence. Wagner, McLaughlin & Whittemore can discuss with you any injuries or damages resulting from a fire pit accident.

Common Causes of Fire Pit Accidents

Accidents from fire pits can happen in various ways. Some common causes of these accidents include:

Lack of supervision

One of the most common causes of fire-pit accidents is leaving the fire unattended. A spark only takes a few seconds to fly out of the fire pit and ignite nearby flammable materials.

Improper placement

Fire pits should be placed on level ground, away from overhanging branches, fences, and other flammable materials. Improper placement of the fire pit can lead to out-of-control fires, which can result in injuries.

Damage from a fire-pit accident or similar event can also spread well beyond the initial property. A neighbor may have hosted a bonfire that burned out of control. The fire may have spread from their property to your property. It may have then damaged your home, vehicles, or something else in its path.

Use of flammable liquids

Many people use gasoline, lighter fluid, or other flammable liquids to start a fire. These liquids can ignite suddenly and cause severe burns or even an explosion. If someone was using flammable materials while using a fire pit, it might increase their culpability.

In December 2022, a mother of five died, and her 11-year-old son was severely injured, while using a fire pit. In this case, the mother was using gasoline.

Overloading the fire pit

Overloading the fire pit with too much wood or other materials can cause the flames to get out of control and spread quickly. If someone overloaded a fire pit, they might be liable for any injuries or damages that then resulted. This is true even if they had no bad intentions.

Failure to extinguish the fire properly

Fires should be extinguished completely before leaving the fire pit. Hot embers can remain hidden and reignite later, causing accidents. A family camping out in the woods or elsewhere might set up a fire in the evening to cook food on. However, if they do not put the fire out properly and then go to bed, it could cause an uncontrolled fire to start and spread.

It is essential to follow proper safety precautions and use common sense to prevent accidents with fire pits. Always supervise the fire, use proper fire-starting materials, and ensure adequate ventilation. Also, be sure to extinguish the fire completely and dispose of the ashes safely.

If someone failed to use a fire pit properly and you were injured, you may have legal recourse. It is wise to contact an attorney to discuss your case.

Children and Fire Safety

Fire pits started or maintained without proper safety measures can be especially dangerous for children. Children are naturally curious and may be drawn to the warmth and flames of a fire pit. Therefore, it is important to supervise children closely when they are around a fire pit. If someone fails to supervise children around a fire pit, they may be liable for injuries. We encourage you to seek advice and assistance from Tampa personal injury attorneys.

Safety tips for children:

  • Encourage children to keep a safe distance from the fire pit and not to touch the flames or embers.
  • Teach children about fire safety and the potential dangers of fire pits.
  • Ensure that children do not throw anything into the fire pit, such as rocks, sticks, or flammable materials.
  • Do not allow children to play near the fire pit.
  • Always supervise children when they are around the fire pit, even if they are just toasting marshmallows.

If you or your child was injured by an exploding fire pit, an out-of-control fire, a simply a failure to provide needed supervision, it is wise to seek a Tampa personal injury lawyer. Contact Wagner, McLaughlin & Whittemore today for a consultation.

a burnt car

a burnt carIn January 2023, a Tesla was involved in a violent car accident with another vehicle in Florida. The speeds were so great that an engine was ripped out of the other vehicle, and four people were sent to the hospital with serious injuries.

People may have wondered if Tesla vehicles are more dangerous or more likely to produce injuries during car accidents. So far, the jury is still out, but if you have been in a car accident, you will want to speak with a Tampa personal injury lawyer.

Want to speak with a Tampa personal injury lawyer about a Tesla car accident? Contact Wagner, McLaughlin & Whittemore.

Are Electric Cars More Dangerous in Accidents?

Electric cars have lower centers of gravity due to the positioning of the heavy battery pack, which can help prevent rollovers and improve stability. Many electric cars are outfitted with safety features, like lane warnings and automatic emergency braking. These features may reduce the risk of violent car accidents in some circumstances.

However, there are also potential risks associated with electric cars that should be considered. For example, if an electric car’s battery pack is damaged in an accident, there is a risk of fire or electric shock. Emergency responders must follow specific protocols when responding to an electric car accident, including isolating the battery pack and cutting off the high-voltage supply to avoid electrical shock.

Typically, an electric car is also heavier than a similar gasoline-powered car. Higher weights mean more force may be exerted, potentially resulting in an especially violent car accident. Further, if a battery was built or designed improperly, it could increase the risk of a fire and other issues. If you believe that a design or manufacturing defect contributed to an accident, it is wise to speak with a Tampa personal injury lawyer.

How About Tesla’s Autopilot Feature?

If a Tesla is not operated correctly, it could increase the risk of a violent car accident. Unfortunately, some people misuse Tesla’s autopilot feature. While autopilot can guide a vehicle under supervision in some environments, it is not meant to replace the human driver. Indeed, if a human driver does not supervise the autopilot feature, it could increase the risk of a Tesla accident.

Tesla’s autopilot system is designed to assist drivers with certain driving tasks, such as steering, braking, and acceleration. However, it is important to note that the autopilot system is not a fully autonomous driving system and still requires the driver’s attention and active engagement in navigating.

There have been some reports of accidents involving Tesla vehicles with autopilot engaged. However, it is difficult to determine whether the autopilot system contributed to these accidents, as many factors can contribute to car accidents. If you have been in an accident, we encourage you to reach out to experienced Tampa personal injury lawyers.

Tesla argues that their autopilot system has been shown to improve safety when used properly, and the company has released data showing that Tesla vehicles with autopilot have a lower accident rate compared to vehicles without autopilot.

That being said, it is essential for drivers to understand the limitations of the autopilot system and not rely solely on it to drive the vehicle. Drivers should remain attentive, keep their hands on the wheel, and be prepared to take control of the vehicle if necessary. If they fail to do so, it might result in a car accident.

Do You Need a Tampa Personal Injury Lawyer?

While there have been some concerns about the safety of Tesla’s autopilot system, it can be a useful tool when used properly. However, drivers should exercise caution and not rely solely on the autopilot system to drive their vehicles. If someone misuses Tesla’s autopilot feature or other similar features on other cars, it may increase their liability.

If you were operating a Tesla vehicle in Florida and the autopilot program may have resulted in an accident, we encourage you to speak with a personal lawyer. Get in touch with the attorneys at Wagner, McLaughlin & Whittemore today.

race track accidents

race track accidentsRace track accidents in Florida and Florida race track safety have been thrust into the spotlight following the tragic death of Danny Quintero. Nineteen-year-old Daniel Quintero died in a training accident in January 2023. The Hillsborough County Sheriff’s Office was called to the scene after reports of a man down, and Mr. Quintero was pronounced dead by paramedics.

Tampa Bay Downs expressed their condolences for young Mr. Quintero on their Facebook page and, along with other nearby tracks, held a moment of silence in his honor. Many demanded answers as loved ones took to social media to post remembrances for the fallen jockey.

How did a routine training session turn deadly? Why did the racetrack keep holding races? And, most importantly, what caused the tragic incident?

Safety Protocols in Horse Racing

There are many laws in place to maintain safety in Florida’s racetracks. Despite the protocols in place to ensure everyone’s safety, horse racing can still be a dangerous sport, with accidents and injuries happening all too frequently. Racetracks should conduct regular inspections and training for workers on safety procedures and set rigorous safety standards and protocols.

Horseracing Integrity and Safety Act of 2020

The Horseracing Integrity and Safety Act of 2020 recognizes that racetracks have varying environments and proposes a practical approach to racetrack safety rules that consider regional differences and the character of differing racing facilities.

The act also states that trainers and assistant trainers in the horse-racing industry are required to complete at least four hours of continuing education every year. This is a mandatory requirement for all trainers and assistant trainers in order to maintain their professional licenses. Continuing education can include courses, seminars, workshops, or other educational activities related to equine health, safety, or welfare.

In addition to completing the required hours of continuing education, trainers and assistant trainers must also maintain documentation of their completed education and submit it to HISA upon request. This documentation can include certificates of completion, attendance records, or other proof of participation in approved educational activities.

By maintaining proper documentation and submitting it to HISA when requested, trainers and assistant trainers can ensure that they remain in compliance with HISA regulations and maintain their professional licenses in good standing.

How Personal Injury Lawyers in Tampa Can Help

Despite the safety protocols and regulations, none of these protocols saved Danny Quintero. Fortunately, there are options for families like Mr. Quintero’s. Wagner, McLaughlin & Whittemore has an experienced team of personal injury lawyers in Tampa specializing in personal injury claims since 1967.

Today, the firm is among the most respected plaintiff’s personal injury law firms in the state of Florida, with partners who have shown extraordinary leadership in both the courtroom and the broader legal profession. Wagner, McLaughlin & Whittemore has produced many legal landmarks over the years, expansive in both number and breadth, and has been extremely successful on any measure.

While the most visible representatives of our law firm are our experienced attorneys, they are by no means alone in their fight to protect our client’s interests. Ours is a cohesive team effort, requiring the talents of specialized support personnel.

Because of this combined expertise and team approach, we can handle a broad range of personal injury claims in Florida. Our attorneys’ commitment to our clients and to the legal system goes far beyond the courtroom. Our attorneys are involved in, and often lead, the most significant bar-related associations in Tampa and the state of Florida, and the law firm invests many financial resources to ensure the continued health, safety, and vitality of our Tampa Bay community.

Contact Us Today To Learn More

Our team is here to serve you. If you or a loved one has been injured on a Florida race track, our Tampa personal injury lawyers will help you navigate the legal process and work hard to see that you receive the compensation you deserve. Contact us today for a consultation.

horrific traffic accident rollover smoking and burning vehicle lying on its roof in the middle of the road after collision

horrific traffic accident rollover smoking and burning vehicle lying on its roof in the middle of the road after collisionThe tragic loss of a Riverview man in a rollover accident on U.S. 41 in Tampa, as reported by the Tampa Bay Times, underscores the potentially fatal consequences of these incidents. It is a sad reality that rollover accidents in Tampa, FL, are not uncommon. They present a myriad of complex issues involving personal injury law, insurance claims, and the quest for justice. In navigating these challenges, victims and their families often find it invaluable to engage the services of experienced Tampa accident attorneys.

Consequences Rollover Accidents

Rollover accidents, as their name suggests, occur when a vehicle tips onto its side or roof due to a collision, sudden maneuver, or loss of control. This category of accidents is particularly dangerous due to the potential for severe injuries or even fatality, as sadly evidenced by the incident on U.S. 41.

These accidents can be categorized as either tripped or untripped. Tripped rollovers happen when a vehicle leaves the roadway and slides sideways, digging its tires into soft soil or striking an object such as a curb or guardrail. Untripped rollovers, on the other hand, are less common and typically occur to vehicles with a high center of gravity when turning at high speed.

In rollover accidents, the consequences can be dire. Occupants face the risk of being thrown around inside the vehicle or even ejected from it if seatbelts are not worn. Injuries frequently associated with these accidents include broken bones, spinal cord injuries, traumatic brain injuries, and even death. Even when all precautions are taken and safety equipment is used – such as in the case of the Riverview man who was wearing his seatbelt during the U.S. 41 accident – rollovers can still prove fatal due to the force of the crash and the subsequent multiple rollovers.

The physical injuries, however, are just part of the aftermath. Rollover accident victims often have to deal with a host of other challenges post-incident. These include financial hardships from medical expenses and loss of income, emotional distress, and in some instances, long-term disabilities that require continual care and rehabilitation.

Seeking Compensation

To recover damages following an accident, one must prove that the other party was negligent and that their negligence caused the accident and subsequent injuries. In the U.S. 41 case, if the sedan driver was indeed at fault for turning left in front of the pickup truck, the victim’s family could potentially make a wrongful death claim.

Compensation can cover a range of losses, including medical expenses, lost wages, and pain and suffering. For fatal accidents, families can also claim funeral expenses and loss of companionship. However, it is vital to act promptly. Florida’s statute of limitations sets a deadline for filing personal injury or wrongful death claims, making timely legal advice crucial.

Contact Trusted Tampa Accident Attorneys

In Florida, victims of such accidents may be entitled to compensation for their losses. However, the Sunshine State’s complex legal framework, encompassing comparative negligence and no-fault insurance laws, can be challenging for laypeople to understand and navigate. This is where the guidance of Tampa personal injury lawyers comes in. They are skilled in interpreting these laws and applying them effectively and energeticaly to maximize the likelihood and amount of recovery for rollover accident victims.

In this journey towards justice and compensation, having an experienced and trusted rollover accident lawyer in Tampa on your side can make a significant difference. At Wagner, McLaughlin & Whittemore, our team of dedicated lawyers has a wealth of experience in representing victims of rollover accidents.

If you or a loved one have been involved in a rollover accident in Tampa, don’t navigate the complex legal landscape alone. Trust the experienced Tampa accident attorneys at Wagner, McLaughlin & Whittemore to fight for the justice and compensation you deserve.

sad young woman driver sitting near her smashed car looking shocked on crashed vehicles in road accident

sad young woman driver sitting near her smashed car looking shocked on crashed vehicles in road accidentAs the sun sets over Tampa Bay, Florida, our minds can’t help but drift toward the recent tragedy that jolted our community. On June 3, 2023, a street race took place involving two teen drivers, resulting in a catastrophic car accident that led to the needless loss of two young lives. This unfortunate incident puts a harsh spotlight on a growing issue in our community: car accidents involving young drivers in Tampa, Florida.

Understanding Young Drivers and Car Accidents

It’s essential to understand the magnitude of this problem. According to data from the National Highway Traffic Safety Administration, car accidents are the leading cause of death for teenagers in the United States. In Tampa, Florida, this trend mirrors the national statistics, with young drivers consistently overrepresented in car accident data.

Young drivers often find themselves in high-risk driving situations due to a lack of experience and a higher likelihood of risky behavior, such as speeding or distracted driving. While the involvement of teenagers in accidents is a national issue, localities like Tampa, Florida, are feeling the repercussions profoundly.

Why Young Drivers Are Often Involved in Car Accidents

Young drivers are frequently involved in car accidents, a sad reality that contributes to a significant percentage of fatalities on our roads. A combination of factors plays a role in the prevalence of young drivers in car accidents. Here’s an overview:

Lack of Experience

Inexperience is one of the primary reasons why young drivers are more likely to be involved in car accidents. They are still in the process of honing their driving skills, learning how to react appropriately to unpredictable situations on the road.

Risk-taking Behavior

Young drivers often display a propensity for risk-taking behaviors, such as speeding, driving under the influence, and reckless driving. Unfortunately, this can often lead to dire consequences.

Distractions

The advent of technology has brought along its share of distractions, most notably, mobile phones. Texting or using apps while driving, activities particularly prevalent among the younger demographic, significantly increases the chances of a car accident.

Night-time Driving

Young drivers also have a higher likelihood of driving at night, often due to social or work commitments, increasing the risk of accidents due to decreased visibility and fatigue.

Peer Pressure

The influence of peers often affects the driving behavior of young drivers. They may engage in risky driving behaviors due to pressure from friends or the desire to impress others.

Only by acknowledging these factors can we hope to reduce the number of car accidents involving young drivers and make our roads safer.

Consult Our Car Accident Attorneys in Tampa

In the aftermath of a car accident in Tampa, FL, victims and their families often grapple with significant trauma and financial burdens. The road to recovery can be long, complex, and expensive, requiring the assistance of skilled Tampa accident attorneys.

That’s where Wagner, McLaughlin & Whittemore steps in. With years of experience in personal injury law, our team specializes in supporting victims of car accidents in Tampa. Our personal injury attorneys in Tampa understand the intricate maze of Florida’s traffic laws and are equipped to help victims seek justice and the compensation they deserve.

If you or a loved one have been affected by a car accident in Tampa, FL, remember that you are not alone. As advocates for accident victims, we relentlessly pursue all possible avenues of compensation, dealing with insurance companies, collecting necessary evidence, and should it come to it, representing our clients vigorously in court. Reach out to us today and let us help you find your path to recovery.

motorcycle bike accident and car crash, broken and wrecked moto on road

motorcycle bike accident and car crash, broken and wrecked moto on roadAs a motorcyclist, there’s nothing quite like the freedom of the open road, the wind in your hair, and the power of your machine humming beneath you. Yet, for all its allure, riding a motorcycle carries undeniable risks. Recently, an incident on SR-54 in Pasco County served as a stark reminder of these dangers when a motorcyclist tragically suffered fatalities after a collision with a car at the Crestwood Boulevard intersection, as reported by ABC Action News on July 1, 2023. This unfortunate event underlines the need to understand the common causes of motorcycle accidents in Tampa, Florida.

Common Causes of Motorcycle Accidents

In Tampa, there are several common contributing factors to motorcycle accidents. The primary culprits include reckless driving, impaired driving due to alcohol or drugs, and driver inattention.

  • Reckless driving is one of these major contributors, manifesting in speeding, tailgating, or erratic lane changes. The inherent vulnerabilities of a motorcyclist make them disproportionately affected by such reckless behaviors.
  • Driver inattention is another significant factor. This encompasses not only distractions like phone usage but also a failure to notice motorcyclists on the road due to their smaller size. This is especially true at intersections where drivers might fail to account for oncoming motorcyclists while making turns, as in the SR-54 incident.
  • Impaired driving due to alcohol or drugs also plays a role in a substantial number of motorcycle accidents. Such impairment reduces the driver’s ability to judge distance and speed, rendering the driver more likely to cause an accident.
  • Poor road conditions, including potholes, debris, and slick surfaces due to rain, can cause motorcyclists to lose control. Furthermore, Florida’s susceptibility to sudden changes in weather, such as rainstorms, can rapidly transform road conditions and visibility, increasing the likelihood of accidents.

Understanding these triggers to tragedy, from reckless driving to poor road conditions, can help you remain vigilant and potentially avoid life-threatening situations on Tampa’s roads.

Motorcycle Accident Laws in Tampa, FL

Florida’s motorcycle laws are intended to promote the safety of motorcyclists and other road users. Helmets are a crucial element of this protection. Motorcyclists under 21 years are required to wear a helmet, as are those without an insurance policy offering at least $10,000 in medical benefits for motorcycle accident-related injuries.

Despite these precautions, when a negligent driver causes an accident, they can be held liable. This accountability is often essential to recover medical costs and other damages because Florida’s “no-fault” insurance system does not extend to motorcyclists. This system requires insurers to cover their policyholders’ losses, regardless of fault, up to a certain limit. But since motorcyclists aren’t covered by PIP, they often must file a claim against the at-fault party directly.

Another pertinent law in Florida is the comparative negligence rule, which allows accident victims to recover damages even if they were partly at fault. However, the compensation received will be reduced according to the percentage of fault. Understanding these laws and how they apply to your situation is crucial when navigating the aftermath of a motorcycle accident.

How Our Tampa Accident Attorneys Can Help Victims

In the wake of such a traumatic event, victims and their families are often left navigating a complex legal landscape. Here’s where firms like Wagner, McLaughlin & Whittemore step in. As experienced Tampa motorcycle-accident attorneys, we bring our expertise to bear, guiding clients through the legal process and fighting for their rights.

As personal-injury attorneys in Tampa, our attorneys will fight hard to help our clients receive the fair compensation they are due for their loss and suffering. This involves meticulously gathering evidence, consulting with medical professionals, skillfully negotiating with insurance companies, and bringing their decades of experience into the courtroom should a trial be necessary.

In a city that sees its fair share of motorcycle accidents, having a competent legal ally, with years of experience in accident law, can make all the difference. Contact Wagner, McLaughlin & Whittemore today, and let our team of dedicated professionals guide you on your road to recovery.

multiple car crash night city emergency severe damage

multiple car crash night city emergency severe damageOn July 6, 2023, a deadly multi-car pile-up occurred on westbound Interstate 4 (I-4) in Plant City, Florida, causing a significant traffic jam that lasted for several hours. A 52-year-old man tragically lost his life in this severe incident that involved a total of five vehicles.

According to the Florida Highway Patrol Group, the pile-up was triggered by a 22-year-old driver in a van who failed to slow down or stop for the traffic ahead. As a result, the van collided with an SUV, which set off a chain reaction involving three other vehicles. The driver of the SUV involved in the initial impact later succumbed to his injuries.

This incident serves as a stark reminder of the devastating potential of pile-up car accidents, particularly on busy highways in areas such as Tampa, Florida.

Causes of Pile-Up Car Accidents

Pile-up accidents occur when more than two cars are involved in a series of rear-end accidents, usually due to a chain reaction initiated by a single triggering event. Speeding is a significant factor, as it reduces reaction time for drivers, leading to late braking. Distracted driving, a consequence of activities like texting or adjusting the radio, also contributes to diverting attention from the road.

Furthermore, Florida’s unpredictable weather plays a role. Fog is often a factor, and sudden rainstorms can cause slippery conditions, impeding vehicle control and visibility. Poor road conditions, such as potholes or debris, can trigger abrupt maneuvers, culminating in multi-car collisions. Rush-hour congestion, combined with these factors, escalates the risk of pile-ups in Tampa significantly.

Pile-Up Car Accident Injuries

Pile-up accidents, given their chaotic nature, often result in a range of injuries that vary from minor to severe. You might escape with scrapes, bruises, or whiplash at the lower end of the spectrum. However, severe pile-ups can result in traumatic brain injuries, spinal cord damage, broken bones, internal injuries, or even fatalities.

Additionally, the psychological impact of such accidents is not to be minimized. Many of those injured suffer from post-traumatic stress disorder (PTSD), anxiety, and depression. Furthermore, these injuries lead to a cascade of challenges, including mounting medical bills, rehabilitation costs, loss of income during recovery, and reduced earning capacity. This highlights the urgency for you to seek prompt and effective legal guidance and support.

Determining Liability in a Pile-Up Car Accident

Establishing liability in a multi-car accident is challenging. Florida operates under a “no-fault” insurance system, meaning your own insurance should cover your medical bills regardless of who caused the accident. However, when injuries are severe, the compensation from your personal injury protection (PIP) may not suffice. In such cases, identifying the at-fault party becomes crucial, which is a task best handled by an experienced injury lawyer in Tampa.

Damages in Pile-Up Car Accidents

Victims of pile-up accidents can claim several types of damages: medical expenses, lost wages, property damage, and non-economic damages such as pain and suffering. But receiving full compensation often involves navigating complicated legal processes, understanding specific laws, and dealing with insurance companies — tasks that can be overwhelming while you’re focused on recovery.

Seek a Personal Injury Lawyer in Tampa When Involved in a Pile-Up Car Accident

The aftermath of a pile-up accident can be incredibly confusing and stressful. But you don’t have to face it alone. Our team at Wagner, McLaughlin & Whittemore, P.A., has the knowledge, experience, and commitment to guide you through this challenging time. We dig deep into the accident details, often work with accident reconstruction experts, and fight relentlessly to ensure you get the compensation you deserve.

Are you ready to reclaim your peace of mind and secure your future? Contact our team of personal injury lawyers in Tampa today and let’s start the process of turning a chaotic pile-up into a structured path towards justice.

lorry trailer car lost control, left interstate road and plunges into ditch

lorry trailer car lost control, left interstate road and plunges into ditchFalling debris on the road from a truck can cause extreme injuries. Before you can react, the debris impacts your vehicle, causing an accident. This is a scary, yet common scenario on Florida’s roads due to the abundance of commercial and residential vehicles in the state.

Falling debris can include anything from construction materials to pieces of the truck itself. This road debris in Tampa can cause severe accidents, leading to a wide array of injuries including cuts, broken bones, and, in extreme cases, traumatic brain injuries.

The good news is that Florida law protects victims of these types of accidents. According to Florida Statutes section 316.520, commercial vehicles must secure their loads properly. If a trucking company or driver fails to do so, they can be held liable for any damages caused. However, proving liability and navigating the legal system can be complex, creating a need for experienced guidance.

If you or a loved one has been injured by falling debris from a truck, our personal injury lawyers in Tampa can help you.

Types of Falling Debris From Trucks

Falling debris from trucks encompasses a wide array of items. This could include materials not properly secured like construction materials, landscaping debris, or virtually any type of goods being transported in the vehicle. In some cases, the debris could be parts of the truck itself, such as pieces of tire, or even a cargo door left unsecured.

When these items fall at high speeds, they can pose a significant risk to other motorists, causing swerving, accidents, or direct impact injuries.

Injuries You Can Get From Falling Debris From Trucks

When you encounter falling debris from trucks on Florida’s roads, the resulting injuries can span a broad spectrum of severity and types, creating both physical and financial challenges.

In minor incidents, you may walk away with bruises or cuts. These injuries, while not life-threatening, can still be painful and cause a degree of psychological trauma.

However, the situation grows significantly more severe when larger, heavier debris is involved. Such incidents can lead to broken bones, a particularly distressing injury that requires immediate medical attention and may necessitate surgery. You can face lengthy recovery periods, during which you may be unable to work or carry out daily activities.

In the most severe cases, you can suffer traumatic brain injuries if debris strikes the head or causes a violent crash. Traumatic brain injuries are often life-altering, potentially leading to cognitive impairments, memory loss, behavioral changes and, in some cases, permanent disability.

Beyond the immediate physical injuries, you also face the burden of significant financial hardships. Medical bills can quickly pile up, from emergency room visits and surgeries to physical therapy and ongoing treatments. If you don’t have substantial health insurance, these costs can be devastating.

Florida Laws Involving Falling Debris From Trucks

Florida law takes the issue of falling debris from trucks very seriously. According to Florida Statutes section 316.520, a vehicle must have its load properly secured to prevent any of its load from dropping, sifting, leaking, or otherwise escaping. Failure to comply with these laws can result in the truck driver and trucking company being held liable for any injuries caused.

Recover With Ease: Let Our Injury Lawyers in Tampa Help You

Don’t let the trauma of an accident caused by falling debris from trucks on the roads in Florida leave you feeling helpless and overwhelmed. As your injury lawyers in Tampa, we’re ready to stand by your side and navigate this challenging time with you.

Trust the team at Wagner, McLaughlin & Whittemore, P.A., to handle your case with professionalism, dedication, and the commitment you deserve. Take the first step towards justice and compensation. Contact us today.

happy couple parasailing on tropical beach in summer

happy couple parasailing on tropical beach in summerAccidents involving watercraft are becoming increasingly common in Florida.

An Illinois woman was recently killed and two children were injured in a parasailing accident in the Florida Keys. The accident happened in part due to severe weather according to the local source. Initially, the strong current of air drove the parasail which caused the sailing to become unsafe and, ultimately, deadly.

Determining fault and negligence can often be a challenge in parasailing accidents. If you have been involved in a boating mishap, you need the services of an experienced and knowledgeable boating accident attorney to advise and guide you.

Causes of Parasailing Accidents

Faulty Equipment

A common cause of accidents while parasailing is faulty equipment. Despite this, routine equipment inspections are not required. Post-accident inspections have revealed that in many cases the equipment was unsafe or unserviceable.

Strong Winds

Responsible and safety-conscious parasailing operations should not permit guests to go up during windy conditions that could present a danger to users. Despite this, there are still cases where people parasail with strong winds over ten or fifteen miles per hour.

Old and Worn-out Safety Harnesses

An old safety harness that does not perform properly can result in the user falling to his or her death. This is one of the leading causes of parasailing accidents. Ensure that the equipment used to secure you appears to be well maintained and looks new and in working order.

Towline Failure

According to parasailing accident statistics the number one reason for parasailing deaths is a towline that fails.

The NTSB (National Transportation Safety Board) has discovered that the towline knot frequently used by parasail operators reduces the strength of a brand-new rope by as much as 70%. When the wear and tear caused by the sun, salt water, wind, and daily use add up, the percentage of that reduction goes up.

Before starting out on a parasail trip, always ask questions before starting out about the towline. Find out how often the operators use and change it, how they store it, and if the crew is well-trained. Trust your instincts, if they are telling you that towline might not be strong and safe.

Inexperienced Crew

An inexperienced crew also adds to the possible danger of parasailing. A crew that has not been well trained in the proper safety procedures poses a danger by putting the lives of users and others in jeopardy.

Parasailing Injuries

The coastal towns in Florida attract the adventurous to the appeal of flying high above the open water to enjoy the breathtaking views. To be sure, parasailing can be enormously fun and utterly exhilarating! As much as we wish it were otherwise, the reality is that not all parasailing operators provide a safe experience and operate by high standards. This can result in an accident that leads to catastrophic injuries.

The injuries a parasailer can suffer from include:

  • Broken bones
  • Cardiac arrest
  • Head trauma

Too often, these injuries can and do, lead to death.

Compensation

There are two common misconceptions that prevent the injured from seeking compensation from those responsible for parasailing accidents.

Many people assume they cannot take legal action because they have signed the cruise operator’s waiver or release of liability. This is not always a bar to legal action. Also, some believe they cannot obtain damages relative to a shore excursion, if those activities were separate from the cruise ship line.

There are exceptions that may apply in these cases, and seeking help from a Tampa Bay personal injury attorney is advisable to obtain the damages you deserve. Our experienced attorneys will thoroughly analyze your case to evaluate the viability and value of your claim. The following factors will be analyzed in evaluating your case:

  • Loss of potential earnings
  • Medical expenses
  • Pain and suffering
  • Punitive damages
  • Funeral expenses
  • Loss of familial support and relationship

Determining fault and negligence can often be a challenge in boating or parasailing accidents. Wagner, McLaughlin & Whittemore investigates boating accident cases thoroughly to ensure that their clients receive the most compensation possible for any financial or personal damages resulting from the accident.

If you or someone you love was involved in a parasailing accident, do not hesitate to contact our personal injury lawyers in Tampa. We would be pleased to discuss your case and help you pursue an action for recovery.

be careful with fireworks

be careful with fireworksSustaining any kind of personal injury can be frustrating and difficult to handle. When you are injured due to the negligence of others, it makes it doubly difficult. What about injuries caused by horrible fireworks accidents? Whether it’s a Fourth of July celebration – or some other festive event when fireworks are displayed – the last thing one expects is to experience a potentially devastating injury from the beautiful fireworks. But such injuries can and do happen. When they do, it’s time to contact an experienced personal injury attorney at Wagner, McLaughlin & Whittemore, Tampa accident lawyers.

The firm of Wagner, McLaughlin & Whittemore has been the voice for the injured since 1967. Today, it is considered among the most respected plaintiff’s personal injury law firms, showing extraordinary leadership in the legal profession and the courtroom.

It can be difficult in most cases to determine who is responsible for an injury. It can be even more difficult to determine liability for an injury caused by fireworks.

Around July Fourth of each year, we hear stories about people getting injured by fireworks. Sometimes, those cases result from foolish pranks or stunts, some involve alcohol or drugs, and others from poor judgment. Many end in tragedy, as did this incident that occurred in south Florida recently involving fireworks: Man loses hand in pre-Fourth of July fireworks accident in South Florida (nbcnews.com)

Adults are not the only ones at risk. Children under the age of 15 account for nearly one-third of fireworks-related injuries. In general, younger people are the most at-risk group when it comes to this type of injury.

Causes of Fireworks Injuries

We conjure happy celebrations and good times when we think of fireworks. We never think of the danger involved and the possibility of a serious accident. However, if fireworks are not carefully and correctly handled, they can be very dangerous. Both professional fireworks displayers and lay individuals using fireworks are required to use proper safety procedures. This does not always occur, however.

The most common cause of injury due to fireworks is misuse. Forty-one percent of injuries are due to misuse. Thirty-nine percent of injuries result from fountains or flares. Next is device failure at 35%, with the most common failure due to ground fireworks emitting sparks upwards, like flares or fountains, and only 6% of injuries are caused by sparklers.

Fireworks accidents are also caused by:

  • Defective fireworks
  • Early explosion
  • Improper direction
  • Indoor use of fireworks
  • Inexperience
  • Intoxication
  • Negligent use or misuse of fireworks

Types of Fireworks Injuries

The firework hand injury is most common, resulting in a burned finger or hand. Minor burns cause pain and redness, while more serious burns cause the skin to blister. The most serious burns cause damage under the skin and cause it to become white and leathery.

In addition to injuries from minor burns, damaged ears or eyes, loss of fingers, and in some rare cases, even death can result. Serious injuries involving significant medical costs can severely impact someone’s ability to work and provide the basis of a lawsuit.

Compensation for Fireworks Injuries

If you have suffered injuries from a fireworks display, do not hesitate to speak with a personal injury attorney. He or she can help determine if your injuries were the result of someone else’s negligence and whether a lawsuit is advisable. You may be entitled to:

  • Medical expenses covering costs of emergency care, required surgery, doctor visits, or any medical care necessitated by your injuries.
  • If your injury results in lost time from work, your damages may include reimbursement for wages you lost during that time.
  • If you are considered to be permanently disabled by your injuries and are not able to work the same position, you may be able to receive compensation for lost future earnings.
  • Beyond the economic damages noted above, you may be entitled to recover damages for pain and suffering.
  • Under certain circumstances, punitive damages may be assessed where the offending individual or company acted particularly irresponsibly in setting off fireworks and knowingly endangering others.

How Wagner, McLaughlin & Whittemore Can Help

If you or someone you love has been hurt by a fireworks display, do not hesitate to contact the knowledgeable personal injury lawyers in Tampa of Wagner, McLaughlin & Whittemore. Our attorneys have decades of experience in personal injury claims and can help guide you in all aspects of your fireworks-injury claim.