His death sent shock waves throughout the community. Yes, people are injured and even die on job sites almost every day in this country. This is especially true on construction sites, which are too often riddled with occupational hazards. But art? Dangerous? It’s these kinds of incidents that remind us we are all vulnerable and workplace safety has to be exercised in every situation. Every worker deserves to go home when their job is done.

Beyond that, it has raised questions about the safety practices of the general contractor on this specific site. A sizable firm based in Massachusetts, the company has reportedly been cited by the Occupational Safety & Health Administration 27 times just since 2006. At least one worker on a South Florida construction site run by this firm has died and several others were seriously injured. 

Personal injury lawyers in Miami know that construction work is inherently dangerous, but numbers like this beg the question of whether this firm may be failing to do something or doing certain work the wrong way such that we are starting to see a pattern.

The executive vice president of the company’s Florida branch, speaking to the Broward New Times, that these incidents were in no way interconnected or indicative of a greater problem at the firm. Further, he added the company’s experience modification rate (which is the insurance industry’s rating for the relative safety of a firm) is .79. This is approximately 20 percent higher than the national average, which is around 1.0.

Still, that may be of little consequence for the family of the decedent. A graduate of Florida Atlantic University who studied graphic design, Raymond Brown reportedly worked at both the NSU Art Museum in Fort Lauderdale, as well as the Perez Art Museum in Miami. He also did a fair amount of side work on his own. He also engaged in a number of collaborative projects too, including sculptures, silk screens and murals.

He’s not the only artist to have been injured while working on such a project. One artist in Wynwood was struck by a police cruiser while painting a wall.

Those in the art community told reporters that artists knew that a lot of these projects were risky, but it’s often about more than just a paycheck for them. They believe in their art. But being passionate about your job doesn’t mean the person hiring you has the right to put you at undue risk. Appropriate safety precautions should be taken at every turn.

In a case like this, where an artist was not an employee but rather an independent contractor, workers’ compensation would not be available. In such situations, injured workers and their loved ones would not be bound by the exclusivity provisions of workers’ compensation law (that prohibit litigation against one’s employer) and would be free to file a personal injury/ wrongful death lawsuit.

If you have been injured on Miami construction site, call Chalik & Chalik at (954) 476-1000 or 1 (800) 873-9040.

Additional Resources:

Artist Raymond Brown’s Death in Mural Accident Raises Questions About Construction Firm’s Safety Record, Nov. 10, 2016, By Brittany Shammas, Broward New Times

More Blog Entries:

Schaefer v. Universal Scaffolding – Spoliation of Evidence in Construction Accident Lawsuit, Oct. 24, 2016, Miami Construction Accident Lawyer Blog

We look forward to continuing to serve the business aviation community.

LAPAYOWKER JET COUNSEL, P.A.

Business aviation – we serve it, we live it, we love it!

Authorities say 32-year-old Danielle Nichole Baldwin and her fiance, Sondroz Steven Olivert, 35, were killed when the drunk driver rear-ended Olivert’s vehicle. The impact by the drunk driver’s Kia caused Olivert’s Nissan to crash into a Chrysler. After that impact, the alleged drunk driver slammed into two other vehicles.

Olivert and Baldwin, who were on their way to celebrate their anniversary, were pronounced dead at the hospital. A relative of Baldwin told a reporter the two loved going to the beach and were planning to be married next year.

Meanwhile, investigators say the driver of that Kia fled the scene of the crash. He was, however, found a short time later and transported to a local hospital with non-life-threatening injuries. 

Without explaining how they reached this conclusion, investigators said they believe alcohol played a role in this series of crashes. However, no charges have been filed.

In a case like this, there may be a number of avenues for our wrongful death attorneys to pursue compensation for loved ones left behind.

First, of course, is the alleged drunk driver and his or her insurer. However in too many of these cases, drivers who flee the scene of a crash don’t have insurance to begin with.

There are a few options victims have at that point. First, it’s worthwhile to note that debt incurred in a DUI accident (i.e., by a DUI personal injury or wrongful death lawsuit) is not dischargable per 11 U.S.C. 523(a)(9).

Unfortunately in many cases, DUI defendants do not have any noteworthy assets or income from which to collect.

Victims could then look at who owned the vehicle. If it was someone other than the driver, there may be grounds for a vicarious liability action. Vicarious liability can be asserted even when the defendant was not directly negligent. Motor vehicles are considered a dangerous instrumentality in Florida, which means owners can be held responsible if the vehicle was entrusted to someone who drove it carelessly or recklessly.

DUI accident victims could also explore the possibility of a dram shop law action. This is when the bar that served the drunk driver before he or she got behind the wheel is held liable for the injuries that result when that patron drove drunk. In Florida, such liability can only be imposed when the accused driver was either:

• Under 21-years-old;
• Known to be habitually addicted to alcohol.

Finally, victims will want to look at the uninsured/ underinsured motorist (UM/ UIM) coverage that applied to those involved. These policies will step in to provide coverage for serious injuries and wrongful death when the at-fault driver either:

• Had no car insurance;
• Did not have enough car insurance to fully cover the damages inflicted by drunk driving.

Although the driver may face criminal charges, this is separate from any civil liability that may be imposed by the families of the victims.

If you have been a victim of a traffic accident, call Chalik & Chalik at (954) 476-1000 or 1 (800) 873-9040.

Additional Resources:

Couple Killed in Crash in Fort Lauderdale, May 1, 2016, By Erika Pesantes, Sun Sentinel

More Blog Entries:

Car Accident Lawsuit Names Snapchat as Defendant, May 3, 2016, Fort Lauderdale DUI Accident Lawyer Blog

The DOT named 22 cities eligible for the grants. Unfortunately, Tampa is not on the list, despite ranking second in the nation in pedestrian fatalities in a survey by Transportation for America, a nonprofit transportation safety organization. Four other Florida cities – Fort Lauderdale, Jacksonville, Miami, and Orlando – made the list and are eligible for the grants.

The grants are limited in size and scope and will not be used to make any upgrades to infrastructure. They total $2 million and are intended for education and enforcement initiatives.

Another tool available to communities to improve pedestrian safety is a new NHTSA website called “Everyone is a Pedestrian.” The site brings together resources and tips that communities can use to keep pedestrians safe, such as information to help parents teach children about safe walking, reports on effective existing projects to improve safety, and guides for community safety advocates.

“Pedsafe,” a project of the Federal Highway Administration, is another website available to communities with pedestrian safety issues. It contains suggestions for engineering, education, and enforcement initiatives, including case studies of actual implementations of those ideas.

“We continue to see high rates of pedestrian fatalities in major cities and across every demographic,” said David Strickland, administrator of the NHTSA, in the agency’s announcement. “To help stop the recent increase in deaths and injuries, we need everyone to play a role in pedestrian safety. Working with partners on the federal, state, local and individual level, we hope to turn this concerning trend around.”

One attention-grabbing fact in the recent NHTSA report is that alcohol played a role in nearly half of all auto accidents in which a pedestrian died. That means either the driver or pedestrian had been drinking. And over one third of the pedestrians killed were legally drunk.

According to NHTSA reports, pedestrian fatalities declined each year from 2005 to 2009. Despite this mitigating factor, a two-year trend of increasing deaths should not be taken lightly. It is the responsibility of safety groups, individual drivers and pedestrians, and all levels of government to work together to improve the safety of our roads for all users.

Alston & Baker, an Affiliation of Professional Associations: The Law Office of Robert C. Alston, Esq., P.A. and The Law Office of Marcie L. Baker, Esq., P.A. To contact a Zephyrhills divorce lawyer call 1.888.500.5245 or visit http://www.alstonbakerlaw.com.