Note: The trial court should have instructed the jury concerning violations of the Uniform Traffic Control Law where the employer of a motorist who had rear-ended a cab settled the cab passenger's lawsuit on behalf of all defendants and filed an action against the cab company for contribution, during which the cab company requested instructions regarding unlawful speed, special hazards, and careless driving based on evidence given by a witness to the accident.

Fort Lauderdale Injury Lawyer Practice Guide: A rebuttable presumption of negligence attaches to the driver of the rear vehicle in a rear-end collision case. If the lead vehicle suddenly stops, but the stop happens at a place and time where it was reasonably expected, then the presumption that attaches is not rebutted; however, if the stop by the lead driver is “arbitrary” (i.e., unexpected and sudden), then the presumption is rebutted and the plaintiff is not entitled to a directed verdict.

The red light cameras purport to snap photos of the license plate of any car that goes through the intersection after the light has turned red, says Broward injury lawyer Alitowski. The system then generates a traffic citation, which is sent by mail to the registered owner of the vehicle – and does not take into account who may have been driving the motor vehicle. The possibilities for trouble here are not hard to spot: although parents of a teenaged driver might want to know that their child is not driving as safely as he claims, there are times when a non-primary driver – like a friend who borrowed the car or even a thief if the vehicle has been stolen – will trip the red light cameras. Still, the registered owner of the car is expected to foot the bill for the violation. If he or she disagrees with the citation, it is taken up before the special magistrate, who is employed by the city.

According to Broward car accident lawyer Alitowski, the lights may catch those drivers who run a red light by very little time – perhaps even less than a second. Although the city of Pembroke Pines maintains that the installation of the cameras has prevented car accidents, the city admits that it did not maintain statistics before and after installation of the cameras in order to prove the assertion. Motor vehicle accidents caused by running stop lights often occur several seconds or more after the light has changed.

The fines generate significant amounts of revenue: the city expects to make about $1 million annually from them, although it has held off installing the last few cameras due to the pending litigation. Pembroke Pines has issued over 1500 citations based on the photos since the cameras were installed in March of this year. Motorists in some other states have been successful in their lawsuits over the cameras, so there is hope for the litigants.

Psychologically, some motor vehicle accident survivors find themselves reliving the smashing of metal on metal or the sound of shattering glass while they try to concentrate on work or school matters. Others have sleep disturbances, says Fort Lauderdale accident lawyer Alitowski. The worst psychological consequences can include symptoms of Post-Traumatic Stress Disorder, which is brought upon by a serious, traumatizing event.

Financially, families are often pulled too tight to have the savings to immediately handle the medical bills, the cost of replacing a much-needed car, and other expenses out of pocket. In an ideal situation, auto insurance and medical insurance can cover the up front costs to help a family stay afloat, but for the underinsured and uninsured, the costs can soar to insurmountable levels in the hours after the collision, according to Broward accident attorney Alitowski.

The physical damage from a car accident can last a lifetime. Unfortunately, the most horrific car accidents can result in the death of loved ones, which may give rise to lawsuits on that basis. Although no amount of money can replace a family member’s presence, funds can cover children’s expenses, help with mortgage payments a newly-single parent will be unable to cover herself, and other costs that are difficult to manage when circumstances change dramatically.

In other instances, Fort Lauderdale motor vehicle accident lawyer Alitowski says that the types of injuries often sustained in car accidents are painful and difficult to treat and cure. Whiplash, head injuries, torn rotary cuffs, internal injuries, and other problems are among the types that our clients may manifest after the car accident.

Article contributed by Mallory Shipman Lynn, Esq.

According to Fort Lauderdale accident attorney Alitowski, the workers won their verdict in a Nicaraguan court. Altogether, they were awarded $97 million, or about $650,000 per worker if each were compensated equally. However, Broward injury lawyer Alitowski notes that there might be variation among the amount each worker was awarded; for example, a 45-year-old mother of four might receive less money than her 20-year-old counterpart, who had not yet had the chance to get married or build a family.

In any case, the Dole employees attempted to enforce the verdict in a federal district court in Florida. U.S. District Judge Paul Huck refused to recognize the decision of the Nicaraguan court largely on the basis that it was inherently unfair to the American businesses and that the Nicaraguan government had specifically sought out to boost its citizens’ claims at the expenses of fairness and due process of the law. He wrote that the Nicaraguan court “applied a law that unfairly discriminated against a handful of foreign defendants with extraordinary procedures and presumptions found nowhere else in Nicaraguan law.” In general, although U.S. states are supposed to give full faith and credit to the public acts of other states (such as verdicts for civil damages and family law matters, like divorce decrees and child support or alimony obligations), those are far easier to enforce than a verdict from a foreign court.

There were other allegations of fraud, as well. An attorney in southern California is the subject of an investigation amid claims that he engaged in unethical practices, such as coaching witnesses to make misleading or false statements. The matter remains pending before the California Bar at this time, however, and there is not a decision at this time on whether the allegations are accurate.

In one of the most high-profile cases to be heard by the Supreme Court this year, 16 white and one Hispanic firefighter sued the city of New Haven, Connecticut, alleging racial discrimination, says Broward discrimination attorney Andrew Alitowski. The city had administered a test that current firefighters could take to demonstrate eligibility for a promotion within the fire department. The exam was weighted such that 40 percent of the score came from the oral examination and 60 percent came from the written component. However, after discovering that the test showed a disparate racial breakdown, New Haven officials threw out the results of the test on that basis. They found that African-American firefighters who had taken the test performed significantly lower than members of other racial or ethnic groups.

As a result, the white and Hispanic firefighters sued the city of New Haven on the basis that they were being discriminated against. They performed well on a fair test, they said, according to Fort Lauderdale injury lawyer Alitowski. Furthermore, they went into the test after studying with the belief that a solid performance would result in possible promotions to the position of lieutenant firefighter.

The Supreme Court agreed with the firefighters who sued. The city of New Haven apparently rejected the test results amid fears of lawsuits from minority candidates for promotion, says Broward accident attorney Alitowski. Then they were hit with a lawsuit from the other side. Now, following the firefighters’ victory, an African-American firefighter has filed suit, alleging discrimination. In the new suit, Michael Brisco alleges that the test was biased against African-American promotion candidates because they are the victims of systemic discrimination, such as worse public schools in poorer neighborhoods. Briscoe says that he studied heavily for the exam and was at a disadvantage. He also states that the norm for firefighters’ exams is to weight the oral exam at 70 percent of the total score and the written exam at only 30 percent. If the test had been so weighted, he would have finished fourth in the pool of 24 candidates, according to his lawsuit. Briscoe contends that he learned the required material through years of on-the-job training rather than simply memorizing written facts in the days before the exam.

If you have been the victim of discrimination on the basis of your race, ethnic identity, or national origin, contact Alitowski & Moore, P.A., to begin your fight for justice.

Although the Civil Rights Act protects all workers in the United States from pay and employment discrimination on the basis of sex, Fort Lauderdale injury attorney Andrew Alitowski notes that the Act’s provisions were enacted primarily to protect women from discrimination. Some employers intentionally discriminate against female worker workers, a practice that was particularly rampant in the 1960s, 1970s, and earlier. At that time, many Americans believed that it was more appropriate for women to stay home to care for the home and raise a family. In particular, since most jobs were dominated heavily by men, bosses and employers did not always believe that women were suited for certain types of jobs. Fortunately, the law protects women who receive lower wages due to discrimination or who suffer through sexual harassment at their place of employment.

Now, women have more options than ever before, which many have embraced regardless of age, says Broward personal injury lawyer Alitowski. Many women pursue full-time careers; others elect to stay at home. Increasingly, women with more earning power are working while their partners stay at home. More and more companies are making alternatives possible for workers, especially parents, regardless of their sex. For example, some companies offer “flex-time” scheduling. Others may allow part-time work arrangements or telecommuting. For example, a mother or father who telecommutes may be able to work from a home office and supervise a child, avoid high child-care costs, and attain a better work-life balance.

Broward injury lawyer Alitowski notes that women still face discrimination in the workplace, which can be overt. An auto mechanic shop owner may think that a woman is just not as naturally suited to car repairs than a man is and may be less inclined to hire her as a result – or even to pay her. A sales company may think that women are not aggressive enough to be effective at high-pressure, high-volume sales positions. Several years ago, there were reports that law firms were giving unwitting female associate attorneys pregnancy tests under the guise of drug testing – an alarming violation of their privacy. Pregnancy discrimination is illegal.

In other instances, women may be discriminated againt less overtly. A worker may receive fewer work hours after she comes back from maternity leave, for example.

President Obama signed the bill into law on January 29, 2009, shortly after he was inaugurated as President. The law was passed in response to the United States Supreme Court’s decision in Ledbetter v. Goodyear Tire and Rubber Co. in 2007, a controversial decision by the high court, notes Broward accident lawyer Alitowski. In that case the plaintiff, Lilly Ledbetter, began working at the Goodyear Tire Co. in Alabama. In 1998 Ledbetter sued Goodyear claiming that she had been discriminated against on the basis of her sex. At the time she filed suit, Ledbetter, who had started at the same pay as several of her male colleagues, was being paid $3,700 per month compared her male employees who earned between $4,200 and $5,200 per month. She alleged – and proved – that the disparity was because she is a woman.

On appeal, the Supreme Court did not address the issue of whether Ledbetter had suffered discrimination, but instead looked at the issue of whether the Civil Rights Act allowed Ledbetter to sue Goodyear or whether the suit was barred by the statute of limitations. The relevant provision in the law stated that a plaintiff had to file a suit against her employee within 180 days after the alleged unlawful practice occurred. Goodyear argued, and several members of the Supreme Court agreed, that the 180 day clock should have started from the point where the Goodyear Company started making discriminatory decisions about pay increases. Since Ledbetter did not allege that the discrimination occurred in 1998, her suit was untimely and her case was dismissed. In a dissent she read from the bench, Justice Ginsburg argued that the Supreme Court should have held that “knowingly carrying past discrimination forward” should continue the clock for statute of limitations purposes because pay discrimination often occurs in small increments over large periods of time. The Lilly Ledbetter act was a direct response to the Supreme Court’s majority decision. The law adopted Justice Ginsburg’s position by amending the Civil Rights Act to reset the 180 day statute of limitations period with each discriminatory paycheck. The law was brought up several times during the 2008 presidential campaign. Generally, opponents of the bill argued that its enactment would harm business interests.

One of these issues is overtime pay, says Fort Lauderdale personal injury lawyer Andrew Alitowski. Unfortunately, many employers avoid paying the additional wages for extra hours, even though the pay is required by law for many workers. In the case of some businesses, especially small mom-and-pop type operations, it may even be by accident. However, ignorance of the law is not a defense for failing to pay the overtime wages due to a worker. Further, the withholding of the funds may be a deliberate attempt by an employer to boost earnings. Willful violation of the law is extremely problematic.

Worker's compensation is also important. Any time a worker is injured on the job, he or she should be checked out by a doctor as soon as possible. In most cases, the employer will be required to pay for the worker's medical care, ongoing treatment, and even medication and physical therapy. Workers should insist upon being taken to a doctor as soon as the injury occurs or the symptoms manifest. Unfortunately, the employer or its insurance company may be interested in your prior medical records if you are injured on the job. For example, if you have previously been treated for a back injury, they will think that is relevant to a current back or neck problem that was caused by your work. An injured worker should obtain his own attorney if he or she must deal with a team of the insurance company's lawyers, says Broward injury lawyer Alitowski. The sad reality is that the insurance company's best interest is to make sure that the worker does not get his or her medical care covered so that they make more money.

Since unemployment and other economic problems are ongoing, many employees are reluctant to press the issues of overtime compensation and worker's compensation for fear that they will lose their jobs. However, employers are required to cover these costs in most cases. Consult Fort Lauderdale accident lawyer Andrew Alitowski if you believe you are due overtime wages or worker's compensation benefits.