GOLDLAW – West Palm Beach Personal Injury Lawyers, Car Accident, Slip & Fall – Law Offices of Craig Goldenfarb

Category: Personal Injury Blog

  • Covid-19 and Florida Nursing Homes: Where Are We At Now?

    Covid-19 and Florida Nursing Homes: Where Are We At Now?

    As vaccinations continue to roll out across the country, Covid-19 continues to infect new patients every week, and so far more than 486,000 Americans have died of the infection. Nearly 26,000 of those were Florida residents, and more than 107,000 were nursing home residents nationwide. Sadly, the infection spread easily in many unprepared nursing homes, claiming the lives of residents who were at high risk due to age, illness, or disability.

    Unfortunately, travel and visiting around the holidays likely increased these numbers. In the three-week period around Thanksgiving, 4.7 out of every 1,000 nursing home residents died in the state, an increase from 2.3 out of 1,000 in the four weeks before Nov. 15.  By December 23, 7,900 residents and staff at elder-care facilities had died of COVID-19 in Florida.

    Why is Covid-19 so prevalent in Florida nursing homes?

    Because testing is optional under state laws, many senior care facilities don’t require it for visitors. This can leave residents at risk. There are many other situations that may contribute to the spread of Covid-19 in these facilities, such as a lack of PPE and other safety measures for staff and patients, a lack of test kits, or a failure to monitor and isolate patients showing symptoms. Bringing together patients for meals and activities may also increase risk, but some facilities lack the staff or resources to decentralize these practices.

    “The fundamental problem is the continued inability to provide accurate, rapid-result testing of everyone entering elder-care facilities — staff, visitors, family caregivers and vendors,’’ said David Bruns, spokesman for AARP, when he spoke with the Tampa Bay Times in late December.

    Staying informed on the health condition of your loved one

    Although it’s difficult not to visit a family member you haven’t seen in a while, visits are still risky and will continue to be for the next several months, until more of the population is vaccinated. If possible, try to talk with your family by phone instead of making in-person visits. If you do go in-person, be sure to wear a mask, use hand sanitizer, and maintain a 6ft distance from everyone you encounter in the facility.

    You can also call the facility and ask if your loved one’s vaccine has been scheduled, as the state has made elderly people over 70 a priority group for vaccination. If your family member has not been vaccinated and there are no plans to do so soon, ask the facility staff why and when they can expect to receive a vaccine.

    Unfortunately, the vaccine has come too late for many seniors who have already died or become chronically ill from Covid-19. Nursing homes and assisted living facilities have a duty to protect  their residents from harm, including infectious disease. If you believe your loved one may have suffered from nursing home negligence in relation to the pandemic, please contact us for a free consultation.

    Is your loved one in a facility affected by a Covid-19 outbreak? Follow our list here

    The Florida Department of Health maintains a frequently-updated list with stats for positive test results among patients and staff at nursing home facilities. If you have a loved one in such a facility, you may want to keep an eye on this list for a jump in cases. It’s also a good idea to talk on the phone or video chat with loved ones often to keep up with how things are going at the facility. Make note if your loved one mentions that nurses and staff have been scarce lately, or several of their friends have been taken to the infirmary.

    Covid-19 Data and Florida Nursing Homes – As of February 16th, 2021

    • 24 facilities in Palm Beach County have had at least one case of Covid-19 among it’s patients
    • The worst outbreak was at Encore at Boca Raton, a nursing home, with 29 positive residents.
    • The second worst outbreak was at Avante at Boca Raton with 17 cases and 31 residents transferred. We have written extensively on the poor conditions for residents at Avante, based solely on violation data provided by the state.
    • The highest instance of Covid-19 infected occurred at Life Care Center of Port St. Lucie with 48 staff testing positive on 2/14/2021.
    • Menorah House has the highest number of positive residents transferred.

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    Data provided by the State of Florida.

  • Belle Glade Resident Richard Allen Dead After Tragic Crash With Tractor-Trailer

    Belle Glade Resident Richard Allen Dead After Tragic Crash With Tractor-Trailer

    A tragic accident claimed the life of a Belle Glade man on Thursday, January 21.

    Authorities say the crash happened just before 6 AM, at the intersection of State Road 80 and Hatton Highway. A Freightliner truck driving northbound on Hatton just before 6 a.m. began to cross State Road 80 on a flashing red light, according to the Palm Beach Sheriff’s Office (PBSO). This brought the Freightliner into the path of 56-year-old Richard Allen’s 2017 Chevrolet Impala. When the vehicles collided, the Impala got stuck under the trailer of the much larger truck. Meanwhile a Toyota Tacoma couldn’t stop in time to avoid the wreck and crashed into the rear of the Impala.

    Sadly, Allen was pronounced dead at the scene.

    The Freightliner and Toyota drivers were uninjured.

    Tractor trailer crashes on State Road 80

    Sadly this is not an uncommon situation. Crashes with tractor-trailers can be very deadly for people in passenger vehicles, due to their relatively large size and weight. Often a tractor-trailer driver will not be hurt in such a crash, but a person riding in a passenger car will be severely injured or killed.

    In 2015, 3,852 people in Florida were killed in crashes with commercial vehicles, and 69% were riding in passenger cars (another 15% were pedestrians or bike riders). It is also unfortunately very common for a car to get trapped under a trailer, as happened in this wreck. This can make it difficult for emergency personnel to reach people trapped in the car.

    Florida is a busy state with many large trucks on the road. In 2016, there were 44,307 commercial vehicles involved in accidents in the state.

  • Wrong Way Crash Leaves One Man Dead, Another Critically Injured in Palm Beach County

    A deadly head-on collision happened on Thursday, January 14, after a driver going the wrong way struck another vehicle.

    According to the Palm Beach Sheriff’s Office, the crash happened around 4 AM. James Etchberger, 29, was heading northbound in the southbound lanes of Military Trail in a 2017 Nissan Rogue. Americo Nunez Taveras, 64, was driving south in the southbound lanes in a 2017 Toyota Camry, just south of Hypoluxo Road.

    The two vehicles hit head-on, leading to critical injuries for both drivers. They were taken to a local hospital, where Nunez Taveras was later pronounced dead. Etchberger remains in critical condition.

    Authorities are still investigating the accident. According to Florida Highway Safety and Motor Vehicles, wrong way accidents often happen due to a failure to observe posted signs or highway markings.

    Most of these crashes are head-on collisions, making up 81% of wrong-way crash fatalities. They may be more likely to happen at night or transitional times like dusk and dawn, when visibility is limited.

    Our law firm has been handling head-on wrong way motor vehicle crashes for nearly twenty years. We represent the injured victims, or in cases like these when there is a fatality, the surviving family, to make a claim against the involved insurance companies and do our best to recover as much compensation that’s allowed and possible under the law.

    Motorists are encouraged to “Stay Right at Night,” or stay in the right lane as much as possible when driving at night, to reduce the risk of head-on collisions.

  • Keiser University Baseball Player Killed by Apartment Intruder

    A Keiser University student athlete was killed in his West Palm Beach apartment over the weekend of December 19-20, and police are investigating his death as a homicide.

    Authorities say Derek R. Becker, 21, was found inside his Azalea Place apartment on the 4200 block of Community Drive shortly before 12:30 a.m. Sunday. Sadly he was pronounced dead at the scene shortly after first responders arrived. Police say the cause of death appears to be gunfire, and they are continuing to investigate the case as a homicide.

    Becker’s apartment is just north of the Keiser campus where he attended school and played as an infielder for the Seahawks baseball team. A native of Cohoes, New York, Becker is remembered by Keiser baseball coach Brook Fordyce as both a hard-working athlete and also “an exceptional friend and associate to those whose lives he touched.” The school has made counselors available to those grieving his death, and will honor him during the spring baseball season.

    Unfortunately, Becker’s death marks the twelfth homicide in West Palm Beach this year, and one of almost 80 homicides in Palm Beach County for the year. Poor security at apartment complexes can increase the risk of residents becoming victims of violent crime, and when a pattern of violence occurs at a particular location, a personal injury case for negligent security possibly could be made.

    Some examples include poor lighting, lack of security guards on the premises, lack of gates around the complex or poorly maintained gates, difficulties with door locks, lack of video surveillance/frequently malfunctioning cameras, and other issues that may impact safety.

  • Lake Worth Beach Woman Dies After Tractor Trailer Strikes Her Car on the Turnpike

    On Sunday, December 13, a tragic accident on Florida’s Turnpike left one Lake Worth Beach resident dead.

    Florida Highway Patrol (FHP) officials say the accident happened around 5:15 AM, just south of the Boynton Beach Boulevard exit, in the southbound lanes at mile marker 86. The woman’s sedan had stopped in the outside lane. A tractor-trailer struck and partially ran over it, according to FHP. Both vehicles were pushed into the guard rail. Unfortunately, when first responders arrived, the 60-year-old woman driving the sedan was pronounced dead.

    The truck’s driver had minor injuries.

    Unfortunately, commercial truck accidents are a frequent problem here. Florida is one of nine states in the US that produce roughly half of all fatal truck crashes. Nationally, commercial motor vehicles (mostly large trucks) make up about 12 percent of all traffic fatalities. As with the Boynton Beach case, the fatalities are most often the occupants of passenger vehicles involved in accidents with a truck.

    Because of their large size and weight, tractor trailers can easily do much more damage to a small passenger vehicle like a car than vice versa, thus increasing the risk of injury and death for those in the smaller vehicle.

    The causes of large truck accidents are varied. Speed and distracted driving are often factors. Accidents involving a stopped vehicle frequently happen because the moving car was going too fast and the driver was unable to stop in time. It’s important to always maintain a safe following distance, whether you drive a tractor trailer or a small passenger vehicle.

    If you’ve ever had your car stall out unexpectedly, you know that a sudden mechanical failure can lead to unexpectedly stopping in the middle of the road. Maintaining a safe speed and following distance will help reduce the risk of accidents if this happens to another driver on the road.

     

  • Anthony Creech, Killed on Okeechobee Blvd, a Major Thoroughfare for Pedestrian Accidents

    A pedestrian died on Thursday, December 3, after being hit by a landscaping truck’s trailer along Okeechobee Boulevard.

    Police say the accident occurred west of the intersection of Okeechobee and Spencer Drive, just east of Palm Beach Lakes Boulevard. Anthony Creech, 48, of West Palm Beach, was crossing Okeechobee from north to south, around 6 PM. He had crossed two lanes when the trailer of a landscaping truck hit him and knocked him down. The truck was driven by Robbins Morales Vasquez, 31, also of West Palm Beach. Sadly, Creech was later pronounced dead of his injuries.

    Okeechobee Blvd – A Major Thoroughfare Fraught with Pedestrian Accidents

    Intersections on Okeechobee Blvd, including this one at the crossing of Palm Beach Lakes, routinely appear on the Florida Highway Safety & Motor Vehicles’ list of most dangerous crossings throughout the state, which is published periodically. That report tallies the number of crashes at an intersection relative to the traffic that passes through.

    68 of 467 pedestrian accidents recorded by FDOT since 2015 in Palm Beach County occurred on Okeechobee Blvd, representing about 15% of the overall count, far more than other state road in the county. Second to Okeechobee was Palm Beach Lakes Blvd with 22 (5%), accounting for only a third of the number of pedestrian accidents that occurred on Okeechobee.*

    Sadly, Florida also has the highest rate of pedestrian deaths in auto accidents in the country, with an average of 2.73 deaths per 100,000 people or a Pedestrian Death Index (PDI) or 182.0. The national average is 1.55 deaths per 100,000, or a PDI of 55.3. When it comes to passenger vehicles, pickup trucks and SUVs are more likely to lead to pedestrian death in the event of a vehicle/pedestrian crash.

    Heat map of pedestrian accidents on Okeechobee Blvd.
    A heat map from FDOT data shows Okeechobee Blvd. and Palm Beach Lakes and Okeechobee and Military as hot spots for pedestrian accidents.

    Accidents Involving Landscaping Company Vehicles

    Unfortunately, accidents involving commercial vehicles are not uncommon either. For the year 2017, Florida Highway Safety and Motor Vehicles reports there were around 32,000 accidents involving large trucks, resulting in 27 deaths and 1,053 injuries. There are many reasons these crashes can happen.

    However, when a vehicle is hauling a trailer, there is a potential for danger if the trailer isn’t secured properly.

    Police are still investigating the crash that led to Creech’s death.

    *Data compiled by FDOT, analyzed by Law Offices of Craig Goldenfarb. See map of pedestrian accidents in Palm Beach County.

     

  • Multi-Car Turnpike Crash Leaves One Dead and One Injured After Vehicle Fails to Stop

    A driver failing to stop their vehicle for other stopped traffic on the Florida turnpike led to one woman’s death on Saturday, November 28, 2020.

    Authorities say traffic was actually stopped around mile marker 173 due to an unrelated accident further down the turnpike, just outside Vero Beach. A vehicle coming up on this stopped traffic kept going and crashed into a pickup truck. A 63-year-old woman from Greenacres, a passenger in the pickup, was pronounced dead at the scene.

    The pickup’s driver, a 75-year-old man, also from Greenacres, was seriously injured and was taken to a local hospital for treatment. Meanwhile, the collision sent the pickup truck into a third vehicle, leading to six different vehicles ultimately sustaining damage from the wreck.

    Multi-car pileup on Turnpike: What happened?

    Authorities are still investigating the crash, but there are many reasons this type of accident happens. Distracted driving is not only a common cause of failure to stop accidents, but also one of the most common causes of car wrecks in Florida.

    “Distracted driving” doesn’t just describe drivers who are temporarily distracted by their phone or text messaging – drivers can be distracted by any number of stimuli that takes their attention off the road. That might include passengers, eating and drinking, or anything else, may not notice a situation where they need to stop until it’s too late.

    Speeding is common cause of failure to stop crashes, as it can be hard to stop in time if the vehicle is going too fast. Impaired driving may also play a role in failure to stop accidents.

    A state investigative report is triggered anytime there is a fatality as the result of a car crash, and the coming report from this crash will likely be extensive considering the many vehicles involved. The surviving family will want to obtain a copy of that report, which they are entitled to; but reading and understanding the report and it’s many nuances, as well as investigating what available insurance coverage may be available for compensation is work best left to a competent wrongful death law firm.

     

  • An ATV and SUV Crash Along North Seacrest Leads to Death of Boynton Beach Resident Resley Estime

    A crash between an SUV and an ATV left one Boynton Beach man dead on Thursday, November 26. Authorities say the accident happened just before 4:30 PM.

    Resley Estime, 21, was driving south on North Seacrest approaching Northwest 10th in his Yamaha Raptor 700 ATV. Jean Alfred, 63, of Boynton Beach, was northbound on North Seacrest in a Toyota Rav4. He turned west onto Northwest 10th and the vehicles came into contact. Estime was rushed to a local hospital, where he unfortunately later died.

    Police said Alfred sustained no injuries.

    A 2014 report found that Florida accounts for roughly 29% of all ATV related fatalities in the country. Like motorcycles, ATVs are smaller than typical passenger vehicles and may be more difficult to see. Riders are also more likely to be injured than someone in a larger, sturdier passenger car. Drivers should always “look twice and save a life” before turning, to ensure they haven’t missed a smaller vehicle.

     

     

  • Jupiter Jogger Dawn Bajak Dies After Driver Runs Red Light At Intersection

    Friends and family of Jupiter resident Dawn Bajak, 50, say they’re shocked and devastated by her sudden death, which occurred after a tragic accident in which a driver ran a red light.

    Authorities say Bajak was jogging around 5:40 AM on Monday, November 30, when she was hit by a pickup truck driver who ran a red light at Central Boulevard and Donald Ross Road. Investigators say she was in the crosswalk at the time of the accident.  Sadly, Bajak died from her injuries.

    Bajak leaves behind a husband, Tony Bajak, and her two teenage children. Friends describe her as a devoted wife and mother and a kind, selfless individual.

    Although accidents at this intersection are not uncommon, Palm Beach County Traffic Division, Engineering and Public Works Department say that since January 2017, there has only been one other accident there in which a driver ran a red light. That happened in May 2017 and did not result in a fatality. In 2017, there were 19 accidents at the intersection, 26 in 2018, and 20 in 2019.

    Questions left unanswered in the wake of this tragic crash

    While that doesn’t necessarily make that intersection “dangerous”, it does raise questions about what the driver was doing in the moments leading up to the wreck. At that time of the morning this time of year, it’s still dark out. But was the driver distracted? Was the driver listed as “at fault” on the traffic report? These are all questions that the surviving family will want to investigate and get answered.

    Location aside, a driver running a red light is one of the most common causes of car accidents in the US. Every year, this problem causes about 90,000 accidents nationwide. In the state of Florida, more people are hurt in accidents where the driver ran a red light than any other type of crash.

     

  • Boat Crash in West Palm Beach Leaves One Person Dead, Two Others Injured

    A boat crash on Tuesday morning, October 27, left one person dead and two others in the hospital.

    Palm Beach County Fire Rescue said they responded to the crash shortly after 9:30 AM in the C-51 canal, which runs parallel to Southern Boulevard near the Congress Avenue overpass. The two injured boaters were taken by ambulance to a nearby hospital for treatment. The deceased victim’s name has not yet been released.

    Unfortunately, Florida leads the nation in boating accident fatalities, according to a U.S. Coast Guard survey of marine accidents in 2018. For that year they had 607 boating accidents, leading to 607 deaths, 297 injuries, and more than $7 million in property damage. Collisions and falling overboard are the two biggest reasons for fatalities, but fires on board a boat can also be deadly.

    Other factors that can contribute to boat accidents:

    • Alcohol. Boaters should drink responsibly and have a designated operator for the boat who is not drinking.
    • Lack of education. The Coast Guard also found that about 74 percent of accidents involve boat operators who didn’t take a certified safety training course.
    • Not wearing a life jacket. According to the Coast Guard, 84 percent of people who drowned were not wearing one, and three in four fatalities involve drowning.