The Caldarone Law Group, P.A.

Naples Legal Blog

A basic understanding of a medical malpractice case

When you go you go to your Florida doctor, you assume that you will receive quality care and the right diagnosis of whatever medical problem you are having. Like most other people, you probably place a significant amount of trust in the medical professionals who are taking care of you, but sometimes, they may violate that trust. Mistakes happen in the medical field for many reasons, but there are times when it is because of negligence or recklessness. 

In the event that a doctor fails you in some way, it is possible this is medical malpractice. You may feel sick, confused and overwhelmed by your situation, and you may be completely unsure of how you should move forward from this point. You may have grounds for a medical malpractice claim, but it can help to understand the basics of this type of litigation and what to expect from the process.

U.S. drivers use phones in riskier ways, put others in danger

In Florida and across the U.S., distracted driving has long been an epidemic. A report from the Insurance Institute for Highway Safety shows that it is becoming more of a danger as more drivers get away from talking on the phone and start to use it for other purposes.

The report compared the results of two observational surveys involving drivers who were moving to or stopped at red lights in four Northern Virginia communities. From the first survey made in 2014 to the second survey, made in 2018, there was no discernible increase in distracted driving, but there was evidence that drivers were manipulating their phones more than ever. This raises by 66% the risk for a fatal car crash.

Traffic stop in Florida leads to drug charges

A 37-year-old man was charged with possessing drug paraphernalia on the night of Oct. 30 after a detective from the Fort Pierce Police Department allegedly discovered a glass pipe and a small plastic bag in his vehicle during a routine traffic stop. The powder residue found inside the plastic bag was identified as cocaine during a field test according to the FPPD. The man is scheduled to appear in court on Dec. 3.

A detective assigned to the FPPD's Crime Suppression Unit says that he conducted the traffic stop at the intersection of North 25th Street and Avenue D at approximately 11:40 p.m. after observing the man's car ignore a stop sign. The detective says that the vehicle had been seen earlier in the parking lot of a motel frequented by drug dealers, drug users and prostitutes. According to the detective, the man made several furtive gestures before pulling over.

Facing theft charges? Know what you are up against

Criminal charges can change the trajectory of a person's life. If convicted, a Florida defendant could be facing time behind bars, steep penalties and even the loss of his or her reputation. If you find yourself charged with any type of crime, you know that it's important to fight back with everything you have, no matter the nature of the specific charges you are up against. 

Theft charges can arise out of many different situations. Ultimately, it is the crime of taking another person's property without permission or payment. This may not seem like a big deal, but you should take your case seriously. No matter what you are facing, it is in your interests to develop an effective and strong defense strategy as soon as possible. 

Florida man killed in forklift truck accident

Police in Florida say that a 30-year-old forklift truck driver who was involved in a fatal motor vehicle accident on the morning of Nov. 17 was not permitted or licensed to drive heavy machinery. The man faces a raft of criminal charges including a count of fleeing the scene. Media reports claim that the man continued on to a nearby construction site after the deadly crash and only returned to the scene after being pursued by bystanders.

The collision took place at the intersection of Seabreeze Boulevard and Poinsettia Street in Fort Lauderdale Beach. According to police reports, the driver of a southbound Mercedes convertible suffered critical injuries after striking the forklift truck. The forks of the forklift truck were reportedly protruding into the pathway of oncoming traffic when the crash occurred. The man driving the Mercedes was rushed by paramedics to Broward Health Medical Center, but he succumbed to his injuries shortly after arriving at the medical facility.

Eating while driving may be as dangerous as texting and driving

When a person is behind the wheel of a vehicle, it is important for him or her to stay completely focused on the road. Doing anything that takes the focus off the task at hand can greatly increase the chance of a car accident. Distracted driving is often the result of a person using a phone while driving, but it can also happen when a person is doing other things, such as eating.

Most people eat while driving on occasion, but most also do not realize how truly dangerous that seemingly innocuous behavior can be. Any time a person is doing something other than driving and focusing on the road, it counts as distracted driving. There are risks involved with even drinking coffee or eating a sandwich while operating a vehicle, and it can also endanger every other person on the road.

Safe winter driving in the Florida area

While snow is not something that many Florida residents have to deal with, winter can still make the roads icy and slick. This means that tires lose their traction, and cars have a greater risk of spinning out of control or sliding into the rear of other cars. To keep themselves out of a car crash this winter, residents can consider the following tips.

First, when the weather is bad, one should go out on the road only when necessary. Assuming that the trip is necessary, drivers must moderate their speed because the faster they go, the less traction they have. Loss of traction leads to greater stopping distances, so drivers must make up for this by never tailgating but rather increasing the distance from the car in front. It should be a distance of five to six seconds minimum.

5 common driving mistakes that can easily cause accidents

Many Florida residents believe that inexperience leads to car accidents. It is certainly true that new drivers may be more likely to cause or be involved in crashes because they are not as seasoned as individuals who have been driving for years. However, it is important to remember that even experienced drivers succumb to serious driving mistakes.

Whether you have a teen driver or you simply need a refresher, it is important to remember that certain driving actions can easily cause car accidents. You may need to help your teen driver recognize when he or she may not be doing the right thing, and you can lead by example by avoiding dangerous actions yourself.

Investigation uncovers wildly inaccurate breath test results

Virtually all police departments in Florida and around the country use breath-testing equipment to determine whether drivers are operating motor vehicles under the influence of alcohol. These devices are highly sophisticated and accurate when they are properly maintained and regularly recalibrated, but the results of an investigation published by the New York Times on Nov. 3 suggest that many law enforcement agencies are extremely lax in this area.

New York Times reporters studied thousands of court transcripts, corporate papers, emails and other documents and interviewed more than 100 police officers, attorneys, scientists and executives, and they discovered that the toxicology evidence used to support drunk driving charges is often wildly inaccurate. The investigation reveals that improper calibration can produce breath test results that are 40% too high, and it also found that many law enforcement agencies continue to use equipment they know to be unreliable. One police department drilled holes in a defective piece of equipment to increase BAC results according to the newspaper.

Overall traffic deaths decreased in 2018, pedestrian deaths up

Florida readers might be interested to learn that, according to National Highway Traffic Safety Administration, or NHTSA, figures, approximately 36,500 people were killed in traffic accidents across the United States in 2018. While that number represents a 2% decrease in fatalities compared to 2017, the good news is mitigated by significant increases in traffic-related pedestrian and cyclist deaths.

The NHTSA reports that 6,283 pedestrians were killed in 2018, which is a 3% increase over 2017. Meanwhile, around 857 cyclists lost their lives in 2018, which is a 6% spike over the previous year. As a result, the agency is proposing that the US strengthen its crash-test standards to better protect "vulnerable road users," including pedestrians, cyclists and motorcycle riders. Possible upgrades to the US testing system could include new labeling rules, improved crash-test dummies and official ratings on pedestrian detection and emergency braking systems. Such changes would more closely align US safety standards with those already used in Europe.

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CLG - The Caldarone Law Group, P.A.

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Naples, FL 34103

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