Miami Injury Lawyer Blawg

A small group of road racers have recently broken the carbon steerers on their 2010 Trek Madone 6-Series bikes. Of all things to fail on a bike, nothing can be more fatal than a steer tube. So the question becomes, is it incorrect stem installation, incorrect stem choice,
or the fact that Trek 6-Series Madone steerers are prone to breakage even when all of Trek's instructions are followed?

As you would expect, Trek says installation and compatibility problems are at fault and notes that the same concerns apply to carbon steerers from other manufacturers. The company is working with the Consumer Product Safety Commission on a consumer alert, and has made a running change to add material to 6-Series Madone steerers. All owners of forks with carbon steerers should pay attention to the concerns raised and installation instructions when installing or buying aftermarket stems.

If as Trek alleges the problems lie with improper installation or incompatible stems, then the onus is on the Bicycle shop and mechanic to be aware of these issues. To that end, I have dealt with shops that are truly aware of problems and take safety very seriously, and also had the misfortune of shops that are just concerned with a sale, and do nothing in terms of education about safety issues.

On Saturday May 15, 2010, Bryan Vaughn was on lap 4 of the Poolesville Road Race when he pulled up on the bars of his 2010 Trek 6 series Madone,and felt the handlebars come off in his hands as he crashed to the ground. One can't help but imagine the feeling of horror Bryan felt with the bars in his hand and no control over his bike as steerer had sheared off just below his FSA stem.

Continue reading "Bicycle Accidents caused by broken carbon steer tubes" »

Yet another Florida Cyclist died when he was involved in a collision with a bus. The accident which occurred June 17, 2010 comes on the heels of a cyclist that was struck and killed in Coral Gables, Florida the previous week.

The latest accident happened when the cyclist was exiting the parking lot of a Walmart store. The bicyclist exited the store's parking lot and struck the side of a Broward County bus at about 8:30 p.m.

The bicyclist struck the bus near its rear door, fell underneath the bus, and then the bus ran him over. Based upon the fact that the cyclist struck the rear of the bus, the police indicated that the bicyclist appeared to be responsible for the collision.

Continue reading "Hallandale Cyclist Dies in Accident With Bus" »

Bicycle Accidents in Miami are a frequent occurence. The most dangerous state to cycle in is Florida with 119 bicycle related fatalities in 2007. I have been riding and practing law for the past 15 years, and have taken a big interst in cycling and cycling cases. In my years of practice I have handled a number of bicycle related cases from Mountain bikers whost forks broke while landing a jump to an elderly woman who was hit while riding her bicycle on the sidewalk.

I have also had the unique opportunity to ride and compete in cycling races in a number of Cities, States and Countries, and there is little doubt that Miami, Florida is to me, the most dangerous city to ride in. While the Transportation For America and the Surface Transportation Policy Partnership lists Orlando, Florida as the most dangerous U.S. city to ride a bicycle in, I would have to disagree.

Why is Miami so dangerous? I would have to list a combination of factors. First and foremost Miami offers very few bike lanes. Second the lack of education by Florida Motorist, in that they do not understand the responsibility that comes with driving a vehicle. As a specialist in Miami Bicycle accidents, I am currently representing a Gentleman that was struck by a county bus while riding his bicycle on Biscayne Boulevard in Miami, Fl.

Continue reading "Bicycle Accidents in Miami, Florida" »

David Lubetkin, a Boca Raton Gynecologist failed to tell his patient she had Cervical Cancer. The punishment for Dr. Lubetkin a $20,000.00 fine. The cost for Charlene Hutchens, his patient, it robbed her of peace of mind and the ability to have children, she told the Florida Board of Medicine on Saturday.

"I don't want this to happen to any other person," said Hutchens, now 27. "It's destroyed my life."

Hutchens noted that her condition could have easily been treated in 2002, or even 2003 if Lubetkin had checked the records. "It's the failure of the doctor to not have established (proper) office procedures," she said.

To further add insult to injury, Dr. Lubetkin did not carry medical malpractice Insurance. Florida does not require physicians to carry medical malpractice insurance.

Continue reading "Boca Raton, Florida Gynecologist Makes Big Mistake, Pays Small Fine" »