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Fort Lauderdale Personal Injury Law Blog

New tax proposals bring entity formation to the forefront

Floridians who have a business or are considering a business start-up will undoubtedly be paying attention to the proposed changes to the tax code from President Donald J. Trump and congress. Much has been said about the planned changes being business-centric, but many might not be aware of what it means to them. One example of this is "pass-through income." Although the term can be confusing, a significant portion of business income is pass-through, so it is essential to understand what it means, how a business can become a pass-through entity and other factors.

The entity form is key to determining if pass-through is possible for the business. Most American businesses are not subject to the corporate tax because they are pass-through entities. Sole proprietorships, limited liability companies, partnerships and an S-Corp are not subject to these taxes. Their taxes are passed through to the personal income taxes of the owner. Statistically and with the number of businesses that decide to become one of the above-listed types at entity formation to avoid the pass-through taxes, only around eight percent of American businesses face corporate taxes.

Distracted driving car accidents inspire proposed legislation

One of the biggest dangers on the road in Florida and across the nation is distracted driving. Law enforcement and legislators are seeking ways to reduce its incidence and make the roads safer for everyone, from drivers to motorcyclists to bicyclists to pedestrians. In Florida, the current law has distracted driving as a secondary offense. A proposed law would change it to a primary offense.

Statistically, distracted driving is an issue that must be addressed. In 2015, the numbers say more than 45,000 accidents because of the practice. In those crashes, 39,000 people were hurt and 200 people died. By making the change to the law, legislators hope that increased penalties will inspire drivers to think about being a distracted driver and its consequences under the law before doing it. Telling people about the dangers has not prevented it from occurring, so perhaps this will be a better way to reduce it.

Florida Interstate known for its frequency of car accidents

Anyone who lives in a certain area and uses its roadways will know which ones are more dangerous and problematic than others. Such is the case in Florida with Interstate 95. People in the state are keenly aware of the issues with I-95 including car accidents, truck accidents and traffic snarls. While anecdotal evidence is fine, studies can put a finer point on the risks associated with some roadways over others. While it might be a simplistic piece of advice to avoid that roadway, with Florida being a state in which driving is basically a necessity, this is unrealistic. For those who are injured in an accident or lose a loved one in a wrongful death incident on I-95 or any road, the statistics and facts can be beneficial when seeking compensation in a legal filing.

The section of I-95 in Miami-Dade is particularly dangerous according to research conducted by the Wall Street Journal. The stretch in this area is known as the deadliest on the north-south highway. There were more fatalities on this road in 2015 than any other county approaching it. During that year, there were 14 fatal accidents on this road. On all interstates, there were 4,000. When breaking down the numbers, Miami-Dade's rate was eight times that of all interstates.

Plumbing accident leads to air bag explosion and wrongful death

People who work in physical occupations in Florida will face certain dangers that can place them at risk of injury and wrongful death. This is true for any kind of job in which there is heavy equipment, plumbing, heating, mechanical work, electrician jobs and more. These can be due to construction accidents, product liability or negligence on the part of a co-worker. When there is an accident that leads to personal injury or death, those who are affected must remember their right to seek compensation in a legal filing.

A 27-year-old man died when he was working for a plumbing company that was repairing a damaged storm sewer line and an air bag they were using exploded. The accident happened in the mid-afternoon at about 2 p.m. The man who died and three others were at the site. The broken storm drain had created a sinkhole. The air bag was plugging the sinkhole to prevent water from entering the hole. However, it exploded. Two of the other workers were injured. The air bag was meant to slow the water sufficiently to let them pump the water out of the hole and it could be fixed. The incident is being investigated by the Occupational Safety and Health Administration to determine what happened.

Business law help with shareholder derivative claims

People who are involved in business in Florida and are shareholders in a company must make certain that the business is being operated according to the law. Investors have may want to pursue business litigation if they believe fraud or other illegalities are taking place. One strategy they can use is derivative shareholder litigation. This is a method for recovering any losses that might have accrued because of the behavior. Having a legal professional who is experienced in business litigation and dealing with a corporate dispute of any kind is invaluable in these circumstances.

There are multiple ways in which a corporation could be acting in ways that diverge from the best interests of its shareholders and all can be settled with a legal filing. There could be a breach of fiduciary duty; misrepresentation; financial statements that are misleading, outright false or inflated; corporate assets could be wasted; there might be insider trading taking place; or there might be behaviors that will result in investigations by the Department of Justice and other government entities.

Research shows frequency and cost of motorcycle accidents

Motorcycles are a common sight on the road in Florida. Many people enjoy everything about riding a motorcycle including the freedom, the challenge, the excitement and the interest it generates in others. That aside, there is no denying that motorcycles can be dangerous.

With motorcycle accidents, the rider can suffer a variety of injuries or even death. Brain injuries, spinal cord injuries, broken bones, cuts and more are possible. This stems from the lack of protection that riders have, even if they wear protective equipment. Concerns about safety have gone beyond anecdotal and are being backed up by statistics.

Incident shows rides at fairs can be risk for child accidents

Since Florida is a tourist destination and a warm weather state, there are many activities that are directed at parents and children. While many of these activities are safe, there are some that can place people in danger of personal injury. When there are child accidents, the aftermath can be a lifetime of pain with the inability to live normally. There can even be wrongful death. It is important for parents to remember that the proprietor of the establishment or location at which the accident occurred is responsible for ensuring a safe environment. If something happens that causes injury or death, it can be the basis for a legal filing to be compensated.

A woman who took her family to a fair saw her child injured on a ride. The injured girl, 14, was at the fair with her mother, brother and two friends. The group was on a ride known as the "Music Express" when there was an accident. On this ride, the riders are spun. The ride stays on the ground. The mother rode on a car with her son several cars behind another car that carried her daughter and her friends. The daughter was thrown out of the car and landed on the metal walkway that surrounded the ride.

How to safely drive through roundabouts in Florida

Florida does not have many roundabouts at the moment, but it appears that will change in the near future. A section of State Road 414 will be temporarily closed while crews install two roundabouts. Seminole County will receive five roundabouts within the next couple years, and it seems at least a dozen more are in the planning stages. 

Learning to navigate a roundabout is essential for avoiding a dangerous crash. Florida residents should begin preparing for roundabouts now so they will be ready when they open for traffic. 

Research shows stretch of road in Florida high in car accidents

Florida drivers, bicyclists and pedestrians should be aware that there are certain roads that are more dangerous than others. Research examines which roadways can be particularly risky to those who use them. Discovering why this is the case and taking steps to reduce the number of car accidents, truck accidents and other crashes on the road is vital to making certain that these incidents decrease. While it is known how dangerous some roads can be, a recent study states that one specific road is the worst in the nation.

Interstate 4 connecting several Florida cities -- Daytona Beach, Orlando and Tampa -- is designated as the one with the highest risk. It has a greater number of deaths than it does miles. The company that did the study, Teletrac Navman, listed the top 25 interstates in the U.S. in terms of their danger. They used federal statistics from 2011 to 2015 to come to their conclusions with fatalities and total miles as the barometer. Interstate 4 has 1.25 fatalities for every mile.

Boating accidents can happen at any time in Florida

Because Florida is warm year-round, people will often take the water in a variety of different ways. One of the most popular is to go out on a boat. While this is an enjoyable activity for family and friends, there are inherent dangers with it even if it is a commercial boat with an experienced operator. When there is a boat crash, there can be injuries and fatalities. Having legal assistance that is fully aware of how to pursue compensation in a personal injury case after a boating accident is crucial to cover for all that was lost whether there were injuries or a wrongful death.

An airboat owned by a company that provides rides for people crashed and sent nine of the 15 people onboard to the hospital. The accident happened at around 10:30 a.m. The total number of injured people was not known. Two of the passengers were children. First it was believed that nearly all suffered injuries, but it was not clear if that was the case. On this type of boat, people were seated in rows with the boat's driver in the back. The bumper had damage when the boat was taken from the water. According to the manager of the company, the steering cable on the airboat broke. When the boat crashed, the passengers went forward. The people were not ejected and there is not believed to have been operator error. Two people were injured critically.

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