Attorney Blog

Blown Tire Cause For I-75 Accident On Paynes Prairie - Ocala Accident Attorney Gives Safety Precautions

jmeldon@meldonlaw.com (Blog Author)74594 — Mon, 06 Feb 2012 08:00:00 EST

Two Ocala women suffered serious injuries last month on I-75 just south of Gainesville when their car blew a tire and overturned.

Florida Highway Patrol reports that the two women were traveling north on the left lane at the point where I-75 crosses Paynes Prairie when the left rear tire blew out on their Isuzu Trooper. The car overturned twice before coming to s stop. The driver was wearing a seat belt and remained inside the car. The passenger, however, was not wearing a seat belt and was ejected from the car during the crash. Both women were taken to Shands at the University of Florida.

Blown tires are one of the leading causes of car accidents. A blowout occurs when a flat tire is so severely damaged that it immediately loses all air pressure and causes a driver to lose control of the car. Just about anything that severely diminishes the air pressure and prevents the tire from supporting the weight of the automobile will likely cause a blowout that could lead to a car accident. Some of the more common reasons are: potholes, large cuts in the tire that cause rapid air loss, small punctures to the tire that allow air loss slowly over time until the tire pressure fails, high speeds, and overloading the car with so much weight that the tire gives way.

In short, tire blowouts can happen at anytime, not just in the summer months. Fortunately, this type of auto accident has decreased in recent years due to advancements made in tire technology. Nevertheless, it is still important to check the air pressure in your tires regularly, not overload your vehicle, and to know how to handle your car if a tire blows while you’re driving.

For more safety information, please see:

What should I do if I have a tire blowout while I’m driving? Ocala accident attorney explains.

Local attorney advocates for safety in wake of fatal tire blowout and rollover crash.

Blown tire said to be the cause of fatal accident on I-10

Hosting a Super Bowl or St. Patrick's party? What you need to know about the Social Host Liability Law.

jmeldon@meldonlaw.com (Blog Author)74372 — Thu, 02 Feb 2012 08:00:00 EST

Having just passed the turning of the New Year, we approach two of the most popular drinking days, Super Bowl Sunday and St. Patrick’s Day. Not only are these two days ranked high in consumption of alcohol, but much of the drinking generally occurs at peoples houses. What many people are unaware of though is the Social Host Liability Law.

The Social Host Liability Law is generally a subset of the Dram Shop Law, which sets out the responsibilities and liabilities for bars, restaurants, and clubs that serve alcohol. The Social Host Liability Law holds the host of a party criminally and civilly responsible for knowingly and unknowingly serving alcohol to minors. It also holds hosts responsible for injuries caused to third parties by their guests.

What does this mean if you are planning a Super Bowl party or St. Pat’s party at your house? It means you should be aware of who is drinking in your house and how much they are consuming. As a Gainesville DUI attorney, I also urge you to provide plenty of water and food for your guests. It is important for your guest’s sake, the safety of other people on the road, and your own financial liability, to take away anyone’s keys if you feel they have had enough to drink and to stop serving them alcohol right away.

Whether you are cheering for the Patriots or the Giants, or toasting St. Patty with some green beer at your house with friends, please remember, the party could end up costing you a lot more than you planned on if you let your guests drink and drive.

For more information, please see:

I only had one drink, how could that put me over the limit?

Nightmare on I-75, what can we learn from it? Gainesville and Ocala accident attorney gives his advice to motorists and the State of Florida.

jmeldon@meldonlaw.com (Blog Author)74207 — Tue, 31 Jan 2012 08:00:00 EST

Our hearts and prayers go out to the victims and to the families and friends of those that lost their lives in the tragic I-75 crashes early Sunday morning when a “wall” of smoke and fog rolled in obscuring visibility.

We cannot turn back the clock and reverse what occurred on a night that won’t soon be forgotten, all we can do is try to prevent another such disaster by learning from it. What can be learned from this horrific event? As an accident attorney and fellow traveler on I-75, three main things come to mind:

1. This is a good time to review basic driving precautions in smoke and fog or super fog:
• Slow down;
• Turn off the radio, get off the cell phone, and crack the window in order to hear other vehicles;
• Put headlights on low beam, not high;
• Use wipers and defroster;
• Move to the right lane or pull off the road completely and stop (do not stop on the roadway);
• Use emergency blinkers for better visibility.

2. Conditions can rapidly change on any road, but especially on a high speed road such as an Interstate. It is therefore important to always, in any conditions, to:
• Keep eyes and focus on the road and both hands on the wheel – put down the cell phone and do not drive distracted;
• Obey the speed limit;
• Give plenty of room between you and the vehicle in front of you – do not tailgate.

3. I urge the Florida transportation department to:
• Reduce the speed limit especially on this accident-prone dangerous stretch of I-75 between Ocala and Gainesville;
• Install permanent overhead electronic warning signs, such as on I-95, to alert motorists of upcoming road conditions, including fog and smoke, on I-75.

Could these precautions have saved lives Sunday morning? We will never know. However, they may prevent a tragedy like this from occurring again.

Recent ATV Fatalities Serve As a Tragic Reminder – ATV's are recreational vehicles that should not be taken recreationally. Gainesville accident attorney explains.

jmeldon@meldonlaw.com (Blog Author)73342 — Wed, 18 Jan 2012 08:00:00 EST

The death of two people, including a 12 year-old girl, in separate Yamaha ATV accidents in Levy County during one weekend is tragic and scary and our hearts go out to their families. It is tragic because both of these fatalities may have been avoided by following the law and using common sense when it comes to safety. It is scary because people are continuing to ignore basic safety standards.

Levy County had tried in the past to curb the number of ATV-related accidents. Between 2008 and 2010, the Levy County Sheriff’s Office received a $90,000 grant to publicize ATV safety rules and to pay overtime for the ATV laws to be enforced. In 2006, the Levy County Commission made it illegal to operate an ATV vehicle on any paved or unpaved roadway, restricting ATV driving to certain designated areas.

Yet even with these precautionary measures being applied in Levy County as well as throughout Florida, ATV accidents continue to grow. The U.S. Consumer Product Safety Commission reports that 465 Floridians were killed in ATV accidents between 1982 and 2010. The report further states that 23% of those deaths occurred to children younger than 16 years old. Unlike some states, like Massachusetts and Colorado, Florida does not impose a minimum age for ATV drivers. Florida does, however, require all riders under age 16 to wear protective headgear while riding an ATV.

The recent tragic deaths in Levy County along with the statistics mentioned above serve as a reminder that although ATVs are recreational vehicles, they are not vehicles that should be taken recreationally.

Please, make sure to follow all state and local ATV laws and keep in mind basic safety precautions and laws:

• Take an ATV training course;
• Wear a helmet and protective eye-gear (required by law in Florida if under16);
• Do not carry a passenger unless the ATV is equipped for it;
• If the ATV is equipped with a seatbelt or harness, wear it;
• Do not drive on paved or unpaved roads (in most Florida counties it is legal to ride on an unpaved public roadway where the speed limit is less than 35 mph and only during the daytime);
• Do not allow children under 16 to drive adult-size ATVs;
• Do not drive ATV’s under the influence of drugs or alcohol.

For more information on this important topic, please see:
Do you know the 3 basic laws pertaining to ATV’s in Florida?

Student Injured in Marion County Bus Accident Reminds Us To Pay Attention To The Road and Know When to Stop for a Bus.

jmeldon@meldonlaw.com (Blog Author)73168 — Mon, 16 Jan 2012 08:00:00 EST

An automobile accident involving a Marion County school bus on Jan. 6 in Ocklawaha left one student hospitalized. According to the Florida Highway Patrol, the school bus was waiting at a traffic light at the intersection of Southeast 100th Avenue and County Road 25 when a Hyundai sedan rear-ended it.

The bus was transporting 42 students to Lake Weir High School when the accident occurred. The student was taken to Munroe Regional Medical Center with minor injuries, and a different bus arrived at the scene of the accident to take the students to school. The driver of the car was cited for careless driving.

Luckily, this accident resulted in minor injury to only one student and minor damage to the bus; it could have been much worse! In light of this accident, it is a good time to review two important safety guidelines and laws.

1. Avoid distracted driving - pay attention to the road at all times.

The driver of the car was sited for careless driving when she ran into the back of a bus stopped at a traffic signal. What could have caused the driver to not see the bus in front of him or her, or to not have stopped in time? We do not know, we only know that the driver hit the bus.

As a local accident attorney that has seen the results of tragic bus accidents, I ask you to please keep both eyes in the road, both hands on the wheel, and your focus to the task at hand – driving. In other words, avoid distracted driving. Distracted driving is the number one cause of accidents and cell phone use is the number one cause of distracted driving. Do not use cell phones while driving!

2. Know when to stop for a school bus.

Even though this accident involved hitting a bus stopped at a traffic signal, it is a good time to review when to stop for a bus at the times when it has its lights flashing on the side of the roadway. We can never be reminded too often that, you must always stop for a school bus with its lights flashing except if you are driving on a divided roadway with a 5 foot unpaved space or a barrier, traveling in the opposite direction of the bus.

Ocala accident attorney discusses interesting insurance questions when driver hits horse and rider.

jmeldon@meldonlaw.com (Blog Author)73032 — Fri, 13 Jan 2012 08:00:00 EST

A recent accident in Marion County involving a vehicle and a horse with rider brings up many interesting insurance questions for discussion. Such as:

What insurance would cover the cost of the euthanized horse? Horses have value; in this case the horse was valued at $8,500 according to the Ocala news article. Horses are also property. Property Damage Liability Insurance would be used to cover the cost of the horse.

What insurance would cover the medical bills of the rider of the horse? This accident involved a vehicle, therefore, Personal Injury Protection Insurance (PIP) would cover, up to $10,000. It could be the rider’s PIP insurance, or the driver of the vehicle, or a resident relative’s. After PIP runs out, then the driver’s Bodily Injury Liability (BI) would kick in for further medical expenses for the rider, as the driver was at fault. If the driver had no BI, and most don’t, the rider’s Uninsured Motorist Coverage (UM) would come into play.

What if the rider of the horse was shown to be at-fault in this accident? From the information regarding this accident, the driver of the vehicle most likely caused the accident. If however, just for the sake of insurance discussion here, the rider was negligent, the rider’s General Liability Coverage on his Home Owner’s policy could be used, unless there is an exclusion on the policy.

For more insurance information, please see:

Auto Insurance Coverage: Laws, Recommendations, Factors and Tips for Florida Drivers

Turn Off the Cell Behind the Wheel - It is Literally a NO BRAINER! Gainesville Accident Attorney Explains

jmeldon@meldonlaw.com (Blog Author)71248 — Wed, 14 Dec 2011 08:00:00 EST

As a local accident attorney, I fully support the National Transportation Board’s (NTSB) recommendations to ban all forms of cell phone use, including hands-free systems and I urge you to too!

Why? The key to safe driving is focus on the road. Distracted driving is one of the leading causes of vehicle crashes. Some say as many as 80% of accidents are caused by distracted driving with cell phone use being the number one culprit.

It has been proven over and over again, that chatting on your cell phone, hands-held or hands-free is the equivalent of driving drunk with a BAC of 0.08%, and makes you 4x’s more likely to be involved in a crash; texting and driving, 28x’s Cell phone use causes a slower reaction time. At the legal limit of alcohol consumption, or chatting on a cell phone, reaction times are 12% slower. Texting while behind the wheel causes a 35% decrease in reaction time.

When you drive and talk on your cell phone it is the same as driving drunk with the BAC level of .08%, over the legal limit in Florida, and it does not matter if you are talking with hand-held or hands-free system. As it is a brain thing not a hand thing!

What are the current laws?   Currently, only 9 states plus D.C. and the Virgin Islands prohibit all drivers from using hand-held cell phones and except for Maryland, it is a primary offense. No states yet ban all cell phone (hand-held and hands-free) use, some do prohibit certain drivers such as new drivers and school bus drivers when kids are present.

Texting is banned for drivers in 32 states plus D.C. and Guam. Florida is one of only 6 states that at this time that has no laws banning any type of cell phone use, not even for school bus drivers!

What can you do? The NTSB does not have the ability to impose restrictions; however, its recommendations do carry weight with federal and state lawmakers. I encourage everyone to contact their Florida legislators and tell them that they need to make our roads safer for ourselves, our families, our friends, our citizens, and our visitors – ban cell phone use behind the wheel!

“No call, no text, no update, is worth a human life."    Pass it on!

Remember: No more excuses, facts are in once again - turn off the phone while driving! Talk to your passenger, but not to a friend on your cell. Remember, it is a brain thing, not a hand thing! – A no brainer!

For more information:
Driving while celling, no matter if hands-free causes inattention blindness.

National Safety Council calls for a nationwide ban on cell phone use while driving.

Driving and texting is a combination deadlier than drinking and driving and hopefully it will become illegal soon in all states.

We don’t have to wait for it to be law to turn off the cell phone while driving

Gainesville Accident Attorney Urges Motor Scooter Safety - Here is Why:

jmeldon@meldonlaw.com (Blog Author)71047 — Tue, 13 Dec 2011 08:00:00 EST

In the past two months, two major motor scooter accidents have occurred in the streets surrounding the University of Florida campus; one of which tragically resulted in a fatality. Being that the University of Florida is a campus-style school, many students rely on motor scooters as a means of transportation on the usually short distances that one must travel. Although scooters are a very easy mode of transportation and extremely easy to park around the University of Florida campus, one must remember that they are also very dangerous to drive. When riding a scooter, remember to do the following:

Wear a Helmet: Although wearing a helmet is only legally required for riders under the age of 21, a rider of any age should always wear a helmet when riding on a motor scooter. Any sort of crash or accident while riding a motor scooter without a helmet leaves one’s head vulnerable to serious injury such as traumatic brain injury.
Follow all Traffic Rules: Compared to other vehicles on the road, scooters are very small, and therefore cannot handle impact in the same manner that cars do. People need to remember to drive safely and patiently while on a scooter. Any effort to stay safe is effort well spent.
Avoid Riding Two to a Scooter: Although many scooters are made for passengers in addition to the driver, adding another passenger only increases the risk. Moving on the back of a scooter increases the difficulty of balancing and therefore increases the risk of accidents.

Fortunately, motor scooter accidents have decreased over the past year. Florida has seen a 9.97% decrease in motorcycle/scooter accidents and a 10.07% decrease in motorcyclist injuries. As a Gainesville motor scooter and auto accident attorney that has seen first hand the tragedy that can result from scooter accidents, I urge safety first!

For more information on this important topic, please see:

UF football players can be allowed to ride motor scooters without a helmet, but when they step on the field to play… they have to put on a helmet?!

Safety First, Thanksgiving Turkey Second! Gainesville and Ocala Accident Attorney Gives Advice for Safe Traveling This Holiday Weekend.

jmeldon@meldonlaw.com (Blog Author)69394 — Tue, 22 Nov 2011 08:00:00 EST

Thanksgiving is just around the corner, which means not only heavy eating, but heavy travel as well. It is estimated that nearly 50 million people travel on Thanksgiving weekend; 86% of which drive. The National Safety Commission states that Thanksgiving is not only the biggest travel weekend of the year, but also the deadliest for motorists.

Last December, the Florida Highway Patrol released its citation statistics for 2010's Thanksgiving weekend. They are as follows:

Over 12,000 citations;
Assisted almost 4,000 motorists;
121 DUI arrests;
Over 5,000 speeding citations;
Over 1,400 citations for failure to buckle up;
23 fatalities (38 according to Florida Highway Safety and Motor Vehicles Statistics.)

Although this paints a grim picture on top of such a normally fun holiday weekend, these statistics shed some light on the importance of driver safety, not only throughout the upcoming weekend, but in general as well. As a local accident attorney, I recommend following these tips on how you can stay safe on the roads this holiday weekend:

First and Foremost, Buckle-up! - According to the National Highway Traffic Safety Administration, "Seat belts are the most effective safety feature ever invented and have helped save thousands of lives. Sadly, one in five Americans fail to regularly wear a seat belt when driving or riding in a motor vehicle." Plus, it is the law in Florida!
Avoid Drowsy Driving - According to a study done by AAA, 10% of drivers have fallen asleep at the wheel in the past year. Driving drowsy can have some of the same effects as driving under the influence. I am planning a long road trip, what should I know about drowsy driving?
Allow Ample Time - Leave early when driving to your destination. Being pressed for time will only cause a sense of necessity to rush, which leads to speeding and irresponsible driving, which could lead to tragedy. Gainesville, Florida accident attorney talks about the high cost of speeding.
Be a Patient Driver - Whether stuck in traffic or driving on the open road, be sure to be a defensive/patient driver. Accidents can occur in traffic jams, so even when stuck, be aware of all surroundings. Driving While Stressed - A Form of Distracted Driving. Ocala Accident Attorney Explains.
More Tips - 5 Simple things you can do to make your holiday road trip safe.

I wish you all a safe and happy Thanksgiving weekend!

Vehicle crashes and young drivers - Ocala accident attorney gives helpful information

jmeldon@meldonlaw.com (Blog Author)69346 — Mon, 21 Nov 2011 08:00:00 EST

According to TeenDriverSource.org, motor vehicle crashes remain the leading cause of fatalities for adolescents ages 16-25. In fact, adolescents are four times more likely to be involved in fatal crashes than adult drivers (ages 26-65). In addition, specific characteristics of teenagers have been shown to exacerbate the problem of dangerous driving including, but obviously not limited to, inexperience, speed, loud music, cell-phones, alcohol, other drugs, drowsiness, and night driving.

As an example, this past Thursday, November 17, 2011, a 23 year old resident of Ocala, FL, snapped a utility pole in half while driving intoxicated on Northwest 70th Avenue Road and Northwest 35th Street. After failing a field sobriety test, the young driver was measured to have a .189 BAC, which is well over the legal limit. Luckily, the young man was not seriously injured and he did not injure any others in the crash.

National Teen Driver Safety Week was trying to bring awareness to our national in an effort to reduce the amount of stories like the one above. As an Ocala accident attorney, I support any and all efforts to keep our roads safe for not just ourselves, but for those around us as well.

The state of Florida has made strides in keeping our roads safe by implementing one of the nation's first Graduated Driver Licensing programs. Starting at the age of 15, a teenager goes through the process of having first a Learner's Permit, then an Intermediate License, and eventually a Full License. Each step of the way, the teenager is subjected to different restrictions on who must be in the car with them while driving and times during which they are allowed to drive. At the age of 18, the teenager is awarded a full license without restrictions.

For more information on this important topic, please see:

National Teen Driver Week Urges Parental Involvement - Every Week of the Year

Parents of Teen Drivers - Do You Know The Mistakes Young Drivers Commonly Make?

Are proposed PIP changes good for Floridians? Gainesville and Ocala auto accident attorney speaks up.

jmeldon@meldonlaw.com (Blog Author)69256 — Sat, 19 Nov 2011 08:00:00 EST

The proposed PIP insurance bill is questionable in many areas involving practicality and intent.

One troubling part concerns receiving payment for medical expenses. The proposed bill places numerous burdensome requirements upon the doctors and injured policyholders before their medical bills will even begin to be considered for payment. For example, one part of the bill would require doctors to go through a laborious deposition-like examining under oath before receiving payment for treatment.

Such an unnecessary and time-wasting requirement will cause doctors to become unwilling to accept PIP insurance as a method of payment because it would be such a pain and hassle to collect.

Supporters of the bill claim that this requirement is a necessary means for controlling auto fraud. That is simply not true. In fact, there are already tools, laws, in place to "fix" the system and enforce the laws. What's true is that the passing of this bill would lead to Florida drivers having fewer options when selecting a doctor under PIP coverage.

The Florida Legislature should pass a law that cracks down on auto fraud or enforce laws that already exist for PIP fraud. They should not do so, however, under the umbrella of PIP coverage, especially when there are such negative impacts on the rest of us in Florida.

With the economy shrinking, less and less have health insurance. Without PIP insurance, the rest of us will end up paying the bill for emergency care after an accident of an uninsured motorist.

Who benefits from passing such legislation? The insurance companies benefit. Insurance companies' goals are to raise premiums and pay out less. No Florida insurance companies are going broke selling PIP insurance. They are thriving, making money, and just want to make more money.

As a Gainesville and Ocala auto accident attorney, I encourage the Florida legislature to turn these proposed changes to PIP down - they are not good for us Floridians!

Florida Observes National School Bus Safety Week-And You Should Too! Local accident attorney offers help.

jmeldon@meldonlaw.com (Blog Author)67959 — Wed, 02 Nov 2011 08:00:00 EST

During the week of October 17-22 Florida and other states across the nation joined together to raise awareness about child safety during National School Bus Safety Week. As a local accident attorney that has seen first hand the devastation caused by school bus accidents, I would like to remind all parents and motorists that observing school bus safety is something that should be remembered every week. Here is important information to remember:

Children are especially vulnerable when entering and exiting a school bus, and drivers should show extra caution in such situations. When driving behind a school bus, drivers should remember to:

Follow at a safe distance-tailgating a school bus is neither faster nor safer;
Slow down and stop when a bus is either stopped or preparing to stop;
Wait to start driving until the bus driver withdraws the bus' stop sign;
Remain alert and avoid driving distracted;
Always look for crossing children around school bus loading and unloading areas.

Unfortunately, there are some drivers who mistakenly assume that avoiding the inconvenience of a few seconds wait is worth risking the life and health of a child. According to the Florida Department of Motor Vehicles, each year Floridians will illegally drive past stopped school buses a total of two million times. This is simply illegal and dangerous. Drivers should not only be aware that improperly passing a school bus can result in a ticket and a fine, but should also realize that their negligence to yield to a schoolchild could result in a serious accident in which they would be at fault.

For more information, please see:

Florida Highway Safety and Motor Vehicles School Bus Safety Tips - Stop on Red

The Basics of School Bus Safety for Both Drivers and Students

Ocala Accident Attorney urges Florida roadways be constructed with pedestrian safety in mind.

jmeldon@meldonlaw.com (Blog Author)67691 — Fri, 28 Oct 2011 08:00:00 EST

Several Florida metropolitan areas ranked as the most dangerous to pedestrians nationwide. According to a recent study "Dangerous by Design," conducted by the Surface Transportation Policy Partnership and Transportation for America, four Florida cities rank in the top ten most dangerous metropolitan areas nationwide: Orlando-Kissimmee, Tampa-St. Petersburg-Clearwater, Miami-Fort Lauderdale-Pompano Beach, and Jacksonville.

In ranking 20 metro areas in Florida, Gainesville ranked the lowest, pedestrians accounted for less than 8 percent of all traffic-related deaths recorded in Gainesville in 2008. In contrast, pedestrians made up 14 percent of the traffic deaths in nearby Ocala.

According to the report, people who are less likely to own cars, children, elderly, and minorities suffer the highest pedestrian fatality rates.

In the last 15 years, more than 76,000 Americans have been killed while crossing or walking along a street in their community. Nationwide, pedestrians account for nearly 12 percent of total traffic deaths. Over the last decade, 688,000 pedestrians were injured, a number equivalent to a pedestrian being struck by a car or truck every 7 minutes.

Road safety has increased, but pedestrian fatalities have decreased only half the rate of motorist fatalities, dropping by just over 14 percent during the period, compared to 27 percent for motor vehicle fatalities.

For increased pedestrian safety, Transportation for America, recommends that all federally funded road projects take into account the needs of all users of the transportation system, including pedestrians, bicyclists and public transportation users, while promoting the creation of complete networks of sidewalks and bicycle so that residents can travel safely throughout an area.

As a Gainesville and Ocala accident attorney, I agree with Transportation for America's recommendations with one exception, I do not think it goes far enough. I believe that wherever there are high concentrations of people, there should be sidewalks and other safety lanes, not just with federally funded road projects.

For more information:

The Rules of the Road for Pedestrians in Florida - What Every Walker Should Know to be Safe and Legal

Gainesville Accident Attorney Reports on Bicyclist Killed In Automobile Accident In Suwannee County

jmeldon@meldonlaw.com (Blog Author)66896 — Mon, 17 Oct 2011 08:00:00 EST

Automobile accidents involving bicycles or other two wheeled vehicles frequently result in tragedy. Such was the case in Suwannee County.

During the early morning hours of 19 September 2011, the driver of a 2007 Ford F-150 collided with a bicyclist on U.S. 129 approximately a quarter mile south of County Road 132. According to the accident report written by the Florida Highway Patrol, the bicyclist was pedaling south in the southbound lane of U.S. 129 around 6:45 in the morning when it was rear-ended by the F-150. The bicyclist was immediately thrown from the bike upon impact and pronounced dead at the scene of the accident.

The accident report stated that the collision occurred because the driver of the F-150 did not see the approaching bicycle until it was too late. The report further states that the accident occurred due to a combination of factors including fog and smoke in the area, the sun had not yet risen, and the bicycle did not have any type of lighting.

My heart goes out to all involved in the tragic accident. As a Gainesville accident attorney I would like to remind Floridians to pay extra attention in foggy conditions and cyclists to take this time to review and obey Florida's laws regulating bicycle usage.

For more information on this important topic please see:

Bicyclists - Know the Law and Stay Alive

What is Super Fog and How Should I Drive in it?

Biketoberfest & Motorcycle Helmet Law Update - Local accident attorney helps explain

jmeldon@meldonlaw.com (Blog Author)66793 — Fri, 14 Oct 2011 08:00:00 EST

Today starts the 19^th annual Biketoberfest in Daytona Beach. From Oct 13 to 16 thousands of bikers from across the country will roar into the area to enjoy a long weekend of fun, music, and partying.

As a local resident of Daytona Beach and motorcycle accident attorney, I wish all a good time. I also urge motorists to take extra caution on the roads by looking twice, even three times, for the often hard to see biker and for bikers to be safe and aware of the new motorcycle helmet recommendations.

When choosing a motorcycle helmet-look for the sticker.

The National Highway Traffic Safety Administration (NHTSA) recently updated the law regulating motorcycle helmets to help bikers choose safer, more easily identifiable DOT-compliant helmets.

While helmets are not required under Florida law for riders over 21 years old, the NHTSA reminds bikers that when shopping for a helmet, to choose one that conforms with Federal Motor Vehicle Safety Standard No. 218.

Compliant helmets now carry a sticker with the manufacturer's name, the helmet model, and the words "DOT FMVSS No. 218 Certified."

In recent years, bikers have chosen unsafe, novelty helmets. NHTSA statistics show that only 54% of bikers wore DOT-compliant helmets in 2010.

I urge bikers to ride safe with DOT-compliant helmets. Remember, in the event you choose to "ride free," Florida requires additional insurance.

Remember, riding and drinking is not only unsafe, it is illegal too. Be safe and enjoy our sun, lovely beaches, and the weekend!

For more information:

What do I look for in purchasing a motorcycle helmet?

If you are going to ride free - protect yourself with adequate insurance coverage

Florida Motorcycle Laws 101 - Ride Legally and Safely!

Do you know the 3 basic laws pertaining to ATVs? Gainesville accident attorney explains.

jmeldon@meldonlaw.com (Blog Author)66154 — Wed, 05 Oct 2011 08:00:00 EST

Tragic accidents can serve as a sobering reminder. Recent All Terrain Vehicle (ATV) crashes are no exception.

While ATVs are recreational vehicles, they must be used in a legal and responsible manner ... even by police officers. Here are 3 important laws pertaining to ATV* use in Florida:

1. ATVs cannot be operated on a public road, street or highway. The only exception is on a unpaved public roadway where the posted speed limit is less than 35 miles per hour and only during daytime (Fla. Stat. §316.2123).

2. An ATV driver under 16 years of age must be supervised by a licensed driver and must wear a helmet and eye protection. In addition those under 16 who want to operate an ATV on a public land must also pass a safety course (Fla. Stat. §261.20(3)).

3. The operation of any vehicle with a blood alcohol concentration of .08% or over is illegal.

*All Terrain vehicle (ATV) is defined by Florida Statute §317.0003(1) as any motorized off-highway or all-terrain vehicle 50 inches or less in width, weighing less than 1,200 pounds, designed to travel on three or more tires with a seat designed to be straddled and handlebars for steering control, intended for use by a single operator with no passenger. There are also two-rider ATVs, which are ATVs that are specifically designed by the manufacturer for a single operator and one passenger (Fla. Stat. 317.0003(10)).

Remember, wearing a helmet is recommended for all ATV operators to prevent serious head injury such as traumatic brain injury and may even savey your life.

As a Gainesville accident attorney I encourage you to safely enjoy our lovely Florida weather and back roads. Please see the following articles for more ATV safety information:

Recent ATV accidents with serious injuries - Educate yourself and be safe!

Enjoy the Fall weater - 2 things you should know to be safe and legal on your off-road vehcile

Off-road recreational vehicle use and laws

The ABCs of off-road and recreational vehicle use

Child Passenger Safety Week: It's never too late to Educate! Gainesville Accident attorney explains the basics

jmeldon@meldonlaw.com (Blog Author)65904 — Mon, 03 Oct 2011 08:00:00 EST

Child Passenger Safety Week was Sept.18 -24, 2011. This annual event, sponsored by the National Highway Traffic Safety Administration (NHTSA) is meant to raise awareness of the vulnerability of small children riding in automobiles and the necessary precautions that parents, caregivers, or relatives must take to ensure their safety.

There can be little argument regarding the seriousness of child passenger safety-one only needs to look at the results of ignoring the issue to be convinced.

According to the NHTSA motor vehicle collisions are the leading cause of death for 3 to 14 year olds. An important part of preventing such tragedies is ensuring that your child is using the proper type of restraint. Even if you missed Child Passenger Safety Week, it is never too late to educate yourself on how to protect your young ones. Here are the basic guidelines:

Babies from birth to 1 year should always ride in a rear-facing, age appropriate, car seat in the back seat.
Toddlers and children ages 1 to 3 are safest in a rear facing car seat for as long as possible.
Children 4 to 7 years of age are safest in a forward-facing car seat with a harness until they outgrow the seat's limits.
8 to 12 years - At this point, some parents make the mistake of graduating their children to a seat belt too soon. Until a child has grown enough (roughly 4'9" inches tall and between 80 to 100 lbs), seat belts ride too high on their torso and may actually cause internal injuries in a crash. Until a seat belt rests across the upper thighs and the collar bone, children should ride in booster seats.
Children under the age of 13 should be seated in the back seat in order to protect them from injuries caused by front airbags and because it is just safer there.
Always use the restraint that is made for your child's age and weight and make sure it is properly installed.

Remember in Florida, these are not just recommendations - it is the law that children under 4 years of age ride in a car seat and all children under 18 be buckled up.

For more information, please see:

NHTSA Car Seat Recommendations for Children

Where can I get my child's car seat checked? Gainesville accident attorney helps answer.

Study Shows Improper Use of Car Seats a Common and Risky Problem.

New Rear-Facing Safety Guideline for Toddlers, Do You Know What it is?

Local accident attorney offers 10 ways to protect children from an attractive nuisance

jmeldon@meldonlaw.com (Blog Author)65383 — Mon, 26 Sep 2011 08:00:00 EST

Attractive nuisances can lead to death or serious injury and leave you liable. While every situation is unique, I suggest erring on the side of caution and using common sense to keep our children safe. As an accident attorney in north central Florida, I suggest eliminating obvious dangers that may pose risks to children. Consider these 10 "child proofing" options to protect Florida's children and yourself:

1. Install safety devices, like a fence, around a pool, hot tub, or other body of water to protect children, in compliance with Florida law.
2. Post warning signs that a child is likely to understand. A sign alone does not protect a land owner from liability, since a child may not understand a written warning.
3. Remove rafts, inflatable toys, and other objects from a pool or hot tub.
4. Fence in or secure yard machinery, a lawn mower, or other yard equipment.
5. Clear out or fence in excess junk, clutter, or wires from the yard.
6. Secure, fence, or lock up unguarded vacant buildings or structures.
7. Clean up and secure constructions materials, tools, and equipment when building or renovating a house or other construction site.
8. Protect children from piles of wood, lumber, and construction materials.
9. Properly dispose of refrigerators, iceboxes, washing machines, dryers, and other airtight household appliances. If you store such an appliance in the yard, remove the doors.
10. Supervise Children. Child safety begins with proper supervision to avoid accidents.

41 Fla. Jur 2d Premises Liability §§ 66-77.

For more information:

What is the Attractive Nuisance Doctrine? Gainesville Accident Attorney Answers.

Gainesville Accident Attorney Gives Examples of Attractive Nuisance in Florida.

The Safe Driver's Act of 2011-an end to hand-held mobile devices in Florida? But, does it go far enough? Gainesville accident attorney speaks up.

jmeldon@meldonlaw.com (Blog Author)65067 — Tue, 20 Sep 2011 08:00:00 EST

While Florida stalls, the feds forge ahead to legislatively ban hand-held mobile devices, while operating a vehicle.

On June 23, 2011, U.S. House Representative Carolyn McCarthy (D-N.Y.) introduced the Safe Driver's Act of 2011 (H.B. 2333) to ban the use of hand-held mobile devices behind the wheel.

The bill directs the Department of Transportation (DOT) to study the risks of hand-held device use and to make recommendations. Proposed legislation makes exceptions for emergency cell phone use, hands-free mobile devices, and voice-activated GPS. The bill would ban texting at the wheel.

Federal regulation of a public safety traffic issue is not unprecedented. In 2000, President Clinton signed into law a bill requiring states to pass a .08 BAC limit within two years or lose federal highway construction funding.

Similarly, states will have two years to comply with the proposed legislation. Currently, Florida trails 34 U.S. states that have already banned texting and the use of hand-held mobile devices, while driving.

Distracted driving and texting continue to pose public safety hazards. In 2009, approximately 448,000 people were injured in distraction-related accidents and 5,474 were killed, accounting for 1 in 6 traffic deaths (DOT/NHTSA).

As an accident attorney, I fully support this bill as a needed first step to protect Florida's residents and visitors. Do I think it goes far enough? No. Even if passed, this bill does nothing to prevent the inattention blindness that results from both hands-free devices and, the equally as dangerous, hand-held devices, while on the road. Using a cell phone while driving, hand-held or hands-free, delays a driver's reaction time as much as having a blood alcohol concentration at the legal limit of .08%.

Currently, the bill is under House Committee consideration. To track the Safe Driver's Act of 2011 (H.B. 2333), please see, govtrack.us/congress bill.

For more information:

Bad News for Floridians, - On the road texting and celling behind the wheel remains legal.

Proposed Federal Legislation to Ban Hands-Held Mobile Use while Driving

Local Med Mal Lawyer Explains Hip Replacement Complications and Lawsuits

jmeldon@meldonlaw.com (Blog Author)64821 — Fri, 16 Sep 2011 08:00:00 EST

Hip replacement surgeries have become so popular that most of us probably know someone who has undergone the procedure. In fact, the New York Times claims that approximately 250,000 hip replacement surgeries are annually performed in the United States alone. As a medical malpractice lawyer, I have recently, however, seen a new trend that has emerged, one that is far more alarming. During the past calendar year, complaints about failed hip replacements have reached staggeringly high numbers. These complaints and lawsuits reveal some real and immediate health dangers about the procedure.

Hip replacement is a surgical procedure in which doctors replace the hip joint with an artificial or prosthetic implant. Such a procedure is generally performed to relieve the patient from arthritic pain or repair joint damage resulting from a fractured hip. Generally, hip replacements last for 15 years plus.

While there are different types of hip replacements, the one that has recently come under scrutiny is the all-metal hip, in which both the artificial ball and cup are made of metal. Reports show that patients with an all-metal replacement hip have suffered crippling injuries due to the tiny particles of metal that gradually wear off and shed inside of the patient.

As a direct consequence of these increasing problems and concerns, the vast majority of surgeons have abandoned using the all-metal hips for fear of exposing their patients to the potential dangers of the device, choosing instead hip replacements that combine metal and plastic components. In fact, current use of the all-metal hip has fallen to only 5% of the market.

"It is like playing Russian roulette," said Dr. Geoffrey H. Westrich, an orthopedic surgeon who has stopped using all-metal replacements.

Moral of the story? If you are considering a hip replacement, make sure to do your homework and research the current trends. If you feel you may be having a problem with your artificial hip, get the advice of a medical malpractice attorney who can evaluate your case and also refer you to a doctor for medical evaluation. Feel free to give me a call @ 1 800 373 8000. Consultations are free and welcomed.

For more information:

Is My Hip Implant Defective? How Would I Know If It Is? Local Med Mal Lawyer Help

Gainesville and Ocala Med Mal Lawyer Explains the Risks Involved In Hip Replacement Surgery

Types of Recent Defective Hip Replacement Units

9 Basic safety precautions for Labor Day weekend from Gainesville and Ocala Accident attorney, Jeffrey Meldon

jmeldon@meldonlaw.com (Blog Author)63740 — Thu, 01 Sep 2011 08:00:00 EST

Florida is the fourth largest state in the US in terms of population but it comes in third in the overall number of traffic deaths and is second only to Texas in the number of teenage traffic fatalities, according to the National Safety Commission.

In addition, Labor Day weekend is one of the most deadly weekends of the year, with an average of 15 percent higher traffic fatalities. Furthermore, many of the fatal crashes are alcohol related and due to driving long distances.

As a Gainesville and Ocala Accident Attorney, I wish you all a safe and happy weekend. Remember, before you hit the road to celebrate the long weekend, please keep in mind these 9 basic safety precautions:

Buckle up every time for every trip and make sure everyone else in your car does the same. Even if you hate seat belts, it could save your life and the lives of other loved ones.
Secure your most precious cargo, your children, in age appropriate car seats or restraints.
Do not drink and drive. Labor Day weekend ranks in the top 3 of the most deadly weekends due to drinking and driving. Remember, drunk driving is 100% preventable! Do you know how to avoid drinking and driving?
Make sure your car is not overloaded. Do you know what your car weight limit is?
Take time to get to your destination and do not drive drowsy.
Put down your cell phone and do not drive distracted, avoid common driving distractions and pay attention to the road.
Make sure that your teen drivers know the rules and have safe driving skills. Have you talked with your young driver yet about the facts of teen age driving?
Make sure your car is up to the trip. When was the last time you checked your tires?
Obey the speed limit signs, and do not speed. Do you know the high cost of speeding?

For more information:

7 Simple things to help make your holiday weekend safe.

Personal Injury Accidents-Knee Injuries are common. Gainesville Accident Attorney Explains.

jmeldon@meldonlaw.com (Blog Author)63069 — Wed, 24 Aug 2011 08:00:00 EST

Every year in the U.S., acute knee pain generates more than 1 million emergency hospital visits and approximately 1.9 million outpatient visits. As an experienced Gainesville accident attorney I know that in a car crash, the knee is susceptible to acute injury to the bones forming the joint, ligaments, muscles, tendons, and menisci. Particularly common are fractures and soft tissue injuries, including damage to the PCL, ACL, and MCL, that may require surgery. The knee may also sustain several grades of sprain and strain. For any knee injury, seek immediate medical treatment.

Causes:

A knee injury may occur naturally over time as the body ages and is subject to wear and tear. This is called chronic knee injury and pain. However, in many cases, a traumatic, sudden event may cause acute knee injury. These are some common causes of acute knee injury:

a car crash;
a trip-and-fall accident;
a blunt impact or blow; or
a sports activity (ie., skiing, football, basketball, or soccer).

For more information:

I hurt my knee in a car crash, what should I do? Do I need a lawyer? What are the treatments for a knee injury? Gainesville accident attorney offers help.

Driving while Stressed-A form of Distracted Driving. Ocala Accident Attorney Explains

jmeldon@meldonlaw.com (Blog Author)62696 — Fri, 19 Aug 2011 08:00:00 EST

Getting ready for the start of a new school year or Labor Day weekend vacation plans, on top of everything else going on in your life, can be stressful. Keep in mind, stress, no matter the source, can lead to distressed driving, a form of distracted driving, according to the National Highway Traffic Safety Administration (NHTSA). As an Ocala and Gainesville accident attorney, I am passing on this latest information in order to help keep you safe on the road during times of stress.

Stress impairs the body's cognitive functions, leading to distressed driving. Acute or chronic stress can lead to an outpouring of adrenaline, cortisol, and other neurotransmitters in the body, causing health effects and disease, including:

elevated blood pressure,
diminished focus,
personality changes,
irritability or anxiety,
headaches,
sleep deprivation,
asthma,
heart problems, and
impaired immune system.

The NHTSA recently pinpointed stress, or driving under the influence of emotions, as a cause of distracted driving. Distressed driving impairs cognitive functions that may affect driving ability. According to recent reports, as many as 80% of crashes may involve distracted driving.

While distressed driving is not punishable under the law, it may have severe public safety consequences. The bottom line: distracted driving may increase the risk of a crash. Plus, it's not that much of a stretch to correlate distressed driving with road rage, falling asleep at the wheel, drowsy driving, aggressive driving, or other forms of distracted driving. So, watch out, stress may be to blame for traffic crashes.

For more information:

How can I avoid distressed driving?

Increased Health Risks in Heavy Traffic Conditions

Take a Breath and Relax

Aggressive Driving Identification

Common Driving Distractions and Comparative Negligence

Bad Faith Lawsuits - Experienced Gainesville Accident Attorney Offers Help

jmeldon@meldonlaw.com (Blog Author)62446 — Wed, 17 Aug 2011 08:00:00 EST

Bad faith is one of the most complex subjects litigated in Florida courtrooms today. What should you do if you feel your insurance company is not treating you fairly regarding a claim? Consult an experienced attorney on whether to file a civil remedy notice pursuant to Florida Statute 624.155.

There may also be techniques and strategies that can be utilized to make clear that the insurance company had every opportunity to settle the lawsuit in "good faith." Again, this is a very complicated area of law that you will need the assistance of an experienced personal injury lawyer to get you a fair result.

Always keep in mind that your insurance policy is a legally binding contract between you and your insurance company and, just as with any other contract, both sides have specific obligations and duties to fulfill that are expressly stated within the policy itself. If the insurance company fails to meet its duties to the extent that it negatively affects you as the policyholder, then a bad faith claim against the insurer may be necessary.

Feel free to give me a call @ 800 373 8000 or contact me on line at meldonlaw.com, and I will be glad to consult with you for free on your case.

For more information:

What Is A Bad Faith Insurance Claim? Do I Have a Claim? Gainesville and Ocala Attorney Helps Answer

Who May File a Bad Faith Claim - Gainesville Bad Faith Attorney Explains

Floridians, Protect your Cars from Theft - Local Accident Attorney Explains Ways

jmeldon@meldonlaw.com (Blog Author)61264 — Tue, 02 Aug 2011 08:00:00 EST

In the movies, it's always sports cars that are stolen. Real life is a bit less glamorous. According to the FBI's 2008 Uniform Crime Rate Report, more than 72% of all motor vehicles reported stolen are plain, old passenger cars (see the top 10 list below).

As a local Gainesville auto accident attorney Florida, I'd like to highlight some important theft statistics, essential to protect Florida's motorists:

Floridians are at risk. Florida ranks second nationwide for auto theft, trailing California and ahead of Texas.
Theft "heats up" in the summer. July and August are peak months for car theft.
Keep your guard up, even at home. Cars, or sometimes just their parts, may be stolen from driveways, backyards, garages, or even familiar parking lots.
Theft may be preventable. Statistics show that 40 to 50% of vehicle thefts are based on driver error-like leaving the doors unlocked, widows rolled down, or keys in the ignition.
Use visual deterrents. Install a wheel, steering wheel, or brake lock.
Use common sense. Park in well-lit area, or preferably a parking garage. Don't leave valuables in site.
Easy to steal, only sometimes recovered. While a car is stolen every 33 seconds in the U.S., only 57% of stolen cars are recovered.
The top ten cars stolen in the U.S. include(NHTSA 2008):
§ Chrysler Sebring;
§ Chrysler PT Cruiser;
§ Chrysler 300;
§ Chrysler Pacifica;
§ Dodge Magnum;
§ Dodge Charger;
§ Hyundai Azera;
§ Hyundai Sonata;
§ Mitsubishi Galant; and
§ Pontiac Grand Prix.

For more information:

What is the difference between collision and comprehensive auto insurance?

National Safety Commission - Not Gone in 33 seconds - vehicle theft

NHTSA Vehicle Safety and Theft Prevention

Local Attorney Advocates for Safety in Wake of Fatal Tire blowout and Rollover Crash

jmeldon@meldonlaw.com (Blog Author)59527 — Thu, 14 Jul 2011 08:00:00 EST

In light of a tragic recent fatal tire blowout on I-75 that caused a high-speed rollover crash, I would like to take this opportunity to say my heart goes out to all involved and also to review some traffic safety tips and laws that just may save a life.

This Norcross, Ga., family was not so lucky and mourns the loss of one family member, who failed to wear her safety belt. According to the Florida Highway Patrol, five of the truck's eight passengers, some of whom also failed to wear safety belts, were ejected from the vehicle as it rolled over.

Tire Blowouts:

As an accident attorney, I see largely preventable tragedy that may be caused, in part, by poor tire maintenance. First, I'd like to urge motorists to exercise good tire maintenance during the summer driving season-and year round. Summer heat adds stress to an underinflated or poorly maintained tire, causing a blowout.

Rollover Accidents:

Second, a tire blowout may cause a "tripped" rollover accident, which is particularly fatal at high speeds. A major danger posed by rollover crashes occurs when an occupant fails to wear a safety belt, is ejected, and then crushed by the rolling car. Single-car rollover crashes are particularly deadly. Surprisingly, approximately 90% of fatal rollovers involve a single vehicle engaged in routine driving maneuvers like driving straight ahead.

Vehicle Overloading:

Third, overloading a car causes a vehicle to exceed the maximum recommended weight limit. Overloading adds stress to tires and may cause tires to overheat. While we don't know whether the family's 2002 GMC Yukon was overloaded, we do know there were eight passengers. It's surprising how easily a vehicle can be overloaded, if you add some luggage or other cargo. Check your car's maximum weight limit.

Safety Belts:

Finally, safety belts may be the single most important, life-saving safety device. In fact, 72% of those killed in rollover crashes failed to properly wear a seat belt (2002). Please review child seatbelt and safety restraint laws. Every child (under the age of 18 years), who travels in a vehicle on a Florida roadway, must wear a safety belt or be properly restrained in a safety seat. At least two of the children in this accident, ages 4 and 9, were not properly buckled up. Additionally, all drivers and front seat passengers must wear safety belts. Seatbelts save lives.

As an experienced Florida car accident attorney, I'd like to remind motorists that many crashes may be preventable with safe driving habits and proper vehicle maintenance. Please contact my office with any safety questions, resulting from this tragedy, or see other Florida traffic tips on www.meldonlaw.com.

"Caps on Damages Awards Helpful? Ocala Medical Malpractice Lawyer Gives Opinion

jmeldon@meldonlaw.com (Blog Author)58619 — Sat, 02 Jul 2011 08:00:00 EST

Are med mal caps helpful? That depends on whom you ask: doctors and insurance carriers or everybody else.

Prior to Florida's cap law in 2003, an injured medical malpractice victim (plaintiff) could sue for an unlimited amount in damages, provided that she could justify the amount. Consequently, plaintiffs often received damages awards for millions of dollars, primarily supported by non-economic damages like future pain and suffering.

Then, the ripple effect started. Insurance carriers grew tired of losing money by routinely paying multi-million dollar awards in medical malpractice claims. They compensated for the loss by raising malpractice premiums for all doctors. (Sound familiar? Insurance carriers also raise everyone's auto premiums when they have recently had to pay excessive damages for auto-related claims.)

Soon thereafter, doctors began complaining that their premiums were too costly-so high that it was not economically possible to practice medicine in Florida. In fact, many doctors threatened to leave Florida and practice in a state where malpractice insurance was more affordable.

With the medical profession complaining and threatening and the insurance carriers claiming that their hands were tied, the Florida legislature passed a cap law in 2003. This law limits the amount of non-economic damages that a medical malpractice plaintiff may receive to $500,000 per medical defendant. In other words, a plaintiff suing a single doctor or hospital for pain and suffering damages may by law receive no more than a $500,000 award, even if she can prove that her damages are worth significantly more.

Not surprisingly, doctors and insurance carriers support capping laws. Insurance carriers like capping because it not only substantially decreases the potential damages award (from unlimited to $500,000 max), but it also makes damages awards more predictable. Doctors like capping because it keeps their malpractice premiums steady. In fact, many proponents claim that the Florida cap law has brought stability to the medical care industry in Florida.

As an experienced Ocala med mal lawyer, my opinion is that perhaps med mal caps may be helpful, but at whose expense!

For more information please see:

Appellate Court Upholds Florida Law Capping Medical Malpractice Awards

Med Mal Caps - Who pays the price? Gainesville Medical Malpractice Lawyer Explains the Expense

Gainesville Medical Malpractice Attorney Reviews Why Med Mal Caps Exist

Med Mal Caps - Who pays the price? Gainesville Medical Malpractice Lawyer Explains the Expense

jmeldon@meldonlaw.com (Blog Author)58620 — Sat, 02 Jul 2011 08:00:00 EST

Who pays the price of capping med mal awards? As an experienced Gainesville medical malpractice lawyer I say, the victims of medical practice do so the insurance companies can get richer!

Florida doctors and physicians praise the cap law for finally bringing some stability to the "malpractice crisis." In some ways they are correct. Since the law took effect in 2003, Florida malpractice premiums have remained relatively steady at around $100,000-$150,000 dollars annually. Consequently, doctors have not evacuated Florida in droves to practice in other states, but, who pays the price?

The so-called stability, however, comes at a group's expenses-not the doctors or insurance carriers but the medical malpractice plaintiffs (victims). The cap law limits liability for pain and suffering to $500,000 per doctor. A medical malpractice injury award for $10 million dollars in 2002 or before cannot by law now exceed $500,000. The exact same case with the exact same injuries but $9.5 million dollars less, all because of the cap law.

It is a fairly simple economic equation, actually: smaller non-economic damages awards equate to saving the insurance carriers hundreds of millions of dollars, which in turn equates to keeping malpractice premiums low. In other words, injured plaintiffs take the economic hit to resolve an issue between doctors and insurance carriers.

While the cap law equation may be fairly simple, the cap law itself is far from fair.

For more information:

Caps on Medical Malpractice Helpful? Ocala Medical Malpractice Lawyer Gives Opinion.

What Does Capping in a Medical Malpractice Case Mean?

Federal Regulators Hold Truckers Accountable for Fatigue and Speed - Gainesville Truck Accident Attorney Explains

jmeldon@meldonlaw.com (Blog Author)58449 — Thu, 30 Jun 2011 08:00:00 EST

Federal regulators are making strides in holding truckers accountable to federal driving time limits-and doing away with the paper work. All interstate commercial trucks and buses are required to install Electronic Onboard Recorders (EOBRs) to monitor truckers' hours of service and speed by summer 2015.

As a concerned Florida trucking accident attorney, I support the FMCSA in mandating EOBRs to reduce driver fatigue and track speed. Apparently, truckers will automatically upload data at state inspection stations.

Currently, truckers can easily fudge handwritten logbooks to exceed the maximum driving hours, in the event of a drowsy driving accident or to rush deliver perishable cargo. In fact, a recent Insurance Institute for Highway Safety (IIHS) survey found that as many as 25% of truckers drive more hours than permissible, and the number of truckers falling asleep at the wheel rose by 13 to 15% in the previous month.

While EOBR technology has been around for a while, use by trucking companies has been slow on the up-take, despite the benefit of reducing trucking liability. Many truckers view the rule as unnecessary and costly, but safety advocates see it as ridiculously overdue.

Statistics from 2009 show that of those involved in a large truck-on- passenger vehicle crash, 98% of deaths were to an occupant of the passenger vehicle, not the semi.

For more information:

Federal Regulators to Monitor Truckers' Hours of Service

The Rule Establishing the Number of Hours for Truck Drivers Behind the Wheel is Challenged

Ocala Truck Accident Attorney's Tips on Sharing the Road with Trucks

Tire Inflation: Beat the Summertime Heat and Save Money. Local Accident Attorney Explains How and Why.

jmeldon@meldonlaw.com (Blog Author)56762 — Thu, 09 Jun 2011 08:00:00 EST

Not only is National Tire Safety Week observed in June, it's also the perfect month to check tire pressure-before hitting the road for summer travel.

Summertime heat may cause old, under-inflated tires to be especially susceptible to heat stress, contributing to catastrophic tire failure. As an experienced auto accident attorney in North Central Florida, I urge motorists to beat the heat and proactively check tire inflation to avoid disaster.

An estimated 85 percent of motorists do not know how to properly inflate tires. Under-inflated tires are hazardous because they generate heat inside the tire, which may cause damage leading to tire failure.

While an improperly maintained or under-inflated tire may cause an accident at any time during the year, tires are especially vulnerable to summertime heat. Summer is often a time for extended vacation travel, when families overload their car, exerting additional stress to the tires.

Experts recommend checking tire pressure and general health every month and before a long drive. Remember, it's impossible to know if a tire is underinflated just by looking at it. If it actually looks underinflated, it is way underinflated. (Rubber Manufacturer's Association (RMA) and National Highway Traffic Safety Administration (NHTSA))

Tire inflation may also help families save at the pump. The U.S. Department of Energy estimates that properly inflated tires may improve fuel economy by 3.3 percent, saving up to 12 cents per gallon.

If you're scrambling to check your tires, you can ride easy after checking out my quick guide on how to properly inflate your tires.

For more information:

Tire Blow-out Litigation - Gainesville Accident Attorney Explains

Gainesville Accident Attorney Explains The Cost of Under-Inflated Tires:

How can I properly inflate my car's tires? Ocala Accident Attorney Gives Quick Guide

It Is National Tire Safety Week

How to check Tire Pressure

Gainesville Accident Attorney Gives Advice on How to Avoid a Red-Light Camera Ticket: follow the signals

jmeldon@meldonlaw.com (Blog Author)56251 — Thu, 02 Jun 2011 08:00:00 EST

Avoiding a red-light camera ticket may be as simple as following the advice-don't run a red light. But, it's more complicated than that. Motorists are often confused about whether to hit the brakes on yellow or speed up through the light to avoid being caught on camera. This dilemma is a major criticism of red-light cameras-that motorists will slam on the brakes, causing rear-end collisions, just to avoid a ticket.

As a Gainesville accident attorney, my advice: slow down; follow the signals; and use your best judgment. Let's review the basics:

•1. "Yellow" means slow down and proceed with caution because, within a few seconds, the light will turn red. A driver should not be ticketed for entering an intersection on yellow, but yellow does not mean "gun it" through the light.

•2. "Red" means a motorist must have come to a complete stop at the marked stop line or before entering an intersection for a "right on red." If a motorist enters an intersection after the light is red, then the car's owner may receive a $158 ticket in the mail within 30 days.

•3. A slow, rolling "right on red" may land you a ticket. Remember, a "right on red," unless prohibited, requires a complete stop. This means a motorist must make a full, complete stop at the red light, before entering the intersection to turn right. Motorists may be ticketed for making a "rolling" stop at 2-3 mph, which technically counts as running a red light.

•4. Look for the signs. A city must post a warning sign with a traffic signal graphic, stating "PHOTO ENFORCED," to alert motorists that an intersection is equipped with a red-light camera. Sometimes, however, the sign may be hard to see or posted far away. Reportedly, red-light cameras will be mounted on a free-standing pole at the corner of an intersection, with the camera facing the middle of the intersection. Potentially, motorists who are caught by a red-light camera, may review the footage upon request.

•5. Be aware of the date of camera installation. Currently, Gainesville aims to install cameras by summer or fall of 2011.

To review, "yellow" means prepare to stop; "red" means come to a complete stop. Slow down, and be safe. In 2009, red-light running caused approximately 676 fatalities and 130,000 injuries nationwide. (IIHS)

For more information:

Do Red-light Cameras Reduce Traffic Fatalities? Gainesville Accident Attorney Answers

Ready, Get set, Gainesville gives Red-Light Cameras the Go-ahead - Gainesville Accident Attorney Explains.

The Great Red-Light Camera Debate - Gainesville Accident Attorney Helps Explain.

F.S. 316.075(2010) Traffic Control Signal Devices

Ocala Accident Attorney Advice - Update Your Auto Policy Today

jmeldon@meldonlaw.com (Blog Author)56197 — Wed, 01 Jun 2011 08:00:00 EST

It's not too late to update your auto insurance policy with the summer driving season upon us. Millions of motorists take to the road for holiday between Memorial Day and Labor Day - one of the highest times for crashes.

Now, more than ever, it's important to be adequately protected. Statistics show that 50% to 75% of Florida motorists are uninsured or underinsured, leaving you vulnerable in the event of a crash.

In 2009, there was an estimated 5.5 million crashes involving injury, property damage, or fatality. The same year, insurance paid nearly $99 million in liability and physical damage.

Choosing insurance is often confusing, since there are so many companies offering a variety of insurances. Shop around, and feel free to let me answer your policy questions. As an accident attorney covering Ocala, Gainesville and all the surrounding areas, I strongly suggest making sure your coverage and limits for your auto insurances are adequate including:

Personal Injury Protection (PIP);
Extended PIP;
Bodily Injury Liability;
Uninsured/Underinsured Motorist Coverage (UM);
Medical Payments; and
Collision.

Send me your policy statement, I would be glad to review it for you at no charge or obligation; or request my book, "Buying Florida Auto Insurance," free of charge at 1 (800) 373-8000. Remember, if your policy doesn't provide adequate protection at the time of a crash, you, the victim of a crash, may end up paying hundreds of thousands of dollars out of your own pocket.

For more information on this important topic:

Florida auto insurance coverage, laws, recommendations, factors and tips.

But, I thought I had full coverage on my car insurance policy?

I am not an insurance salesman - I sell making sure you are protected.

Aggressive Driving-The Senate Raises the Bar? Gainesville Accident Attorney states his side of the road

jmeldon@meldonlaw.com (Blog Author)55563 — Mon, 23 May 2011 08:00:00 EST

Is the Florida Senate making it harder to crack down on aggressive driving by raising the bar?

Apparently, yes. The Senate aims to raise the minimum number of aggressive driving acts from two to three, before it's a punishable offense.

This means an aggressive driver has to display at minimum three (3), instead of two, of following aggressive acts:

Exceeding the posted speed limit;
Unsafely or improperly changing lanes;
Following a vehicle too closely;
Failing to yield the right of way;
Improperly passing or failing to move right for an overtaking vehicle; and/or
Failing to follow traffic controls or devices.

On April 6, 2011, the Senate passed the Highway Safety Act (S.B. 244), 37-to-1, which aims to amend Florida Statutes §316.1923, making it harder for law enforcement to crack down on aggressive driving.

As an experienced automobile accident attorney in Gainesville and the surrounding area, I think a driver who is speeding; weaving in and out of traffic poses a sufficient aggressive driving danger. But, apparently, the Senate thinks otherwise. Personally, I do not see how this Act benefits motorists at large, by making it more difficult to punish an aggressive driver.

Hopefully, the Senate has a reasonable explanation, and the amended law won't victimize safe drivers at the hands of aggressive drivers. If the House and Governor sign off on the proposed amendment, watch out for potentially more aggressive drivers on the road in late 2011.

For more information:

Senate Bill Keeps Motorists to the Right - Better to let Danger Pass?

Aggressive Driving Defined - How to identify it on the road.

Aggressive Driving Special Patrol

Senate Bill Keeps Motorists to the Right-better to let danger pass? Ocala accident attorney explains.

jmeldon@meldonlaw.com (Blog Author)55580 — Mon, 23 May 2011 08:00:00 EST

As an Ocala accident attorney, on first reading, the Florida Highway Safety Act, also known as, S.B. 244 and H.B. 177, appears to encourage aggressive driving.

Critics of the Act argue it's unfair to fine a motorist for driving the speed limit in the left lane when a driver overtakes from the rear, essentially tailgating.

But, I remember back to what my driving instructor/father told me when faced with an aggressive, tailgating driver: Just move over, and let them pass. Don't get into a battle of the wills. The aggressive driver is in an emotional state of mind. So, better to let danger pass, literally, than stand in its way.

Now, it seems the Florida Senate adopted my father's reasoning-move right, let them by, or now it seems - get a fine.

While it still seems overly harsh to get a fine for "aggressive careless driving" for failing to keep to the right, even when traveling the speed limit, the Act contains several exceptions. The move-to-the-right rule doesn't apply when the driver in the left-hand lane:

1. is driving the speed limit and not impeding the flow of traffic;
2. is passing a driver in the adjacent, right-hand lane, so it can move right;
3. is making a left-hand turn;
4. traffic in all lanes is substantially the same (think, traffic jam);
5. moving right would be dangerous (ie., accident in right-hand lane); or
6. law enforcement, road crew, or a traffic sign instructs cars to keep left.

For now, Florida motorists will wait to see whether the House and Governor Rick Scott give the go-ahead on the bill, like the Senate earlier this legislative season.

For more information:

Florida Senate Bill Passes to Keep Motorists to the Right

Protect Your Child from Common Summertime Drowning Scenarios

jmeldon@meldonlaw.com (Blog Author)54894 — Wed, 11 May 2011 08:00:00 EST

Summertime in Florida brings the swimming season for kids of all ages. Kids spend hours splashing in pools and at the beach. But the summer months also mark a spike in unintentional drowning deaths for toddlers ages 0-4 and medically frail seniors.

As a personal injury attorney in Gainesville and all of North Central Florida, I'd like to share some common drowning scenarios:

Most drowning deaths occur in a home pool-with mom or dad present;
Toddlers, especially those 12 to 24 months old, are most at risk;
Summer months, May, June, and July, are especially deadly;
Males are 2/3 more likely to drown than females;
Victims are more likely to be Caucasian and Florida residents, not visitors;
Sunday is the most dangerous day of the week, followed by Thursday;
A victim is likely to have last been seen "in the house" prior to drowning;
Caregivers are often distracted by using the bathroom; cooking or eating; and talking;
Many pools had pool toys and murky water (attract kids and obstruct visibility);
A primary barrier, such as a sliding glass or French doors, was breached;
Drowning occurs in a matter of 11 to 12 minutes from the time a victim is missing.

Florida ranked first in unintentional toddler drowning deaths, for ages 1-4, and third overall in the U.S. from 1999-2003. Drowning is the second leading cause of death for children under 20 years, second only to motor vehicle accidents.

For more information on this important topic:

Residential Pool Liability-Ocala accident attorney explains the legal deep end

What can I do to "Drown Proof" my Pool - Gainesville accident attorney gives simple steps.

Gainesville accident attorney urges Florida to take a stronger stand on Teen "GDL"

jmeldon@meldonlaw.com (Blog Author)54367 — Tue, 03 May 2011 08:00:00 EST

While Florida is home to one of the nation's first Graduated Driver Licensing (GDL) programs, founded in 1996, teen driving laws in Florida could be stronger.

As a Gainesville accident attorney, I have seen numerous teen auto accidents end in death, disfigurement, and lifelong disability. As the age group with the highest crash rate, I support adoption of stronger GDL laws to keep Florida teens and motorists safe.

Current Florida law requires teens complete the following 3-step GDL program:

1. Take Driver's Education.

2. Apply for a Learner's License. A Learner's Permit only allows daylight driving with a 21-year old or older passenger in the front seat. However, a learner may operate a vehicle until 10pm with a 21-year-old supervisor present, upon driving three months without issue. A learner must drive at least 50 hours, including 10 at night, during the 12 month restricted period.

3. Apply for an Operator's License. After obtaining an Operator's License, driving hours increase with age. At 16, you may drive between 6 am and 11 pm, and at 17, you may drive from 5 am and 1 am. At any other time, you must take a 21-year-old (or older) licensed driver with you in the front seat, or be heading to or from your employment until18-years old.

Absent from Florida's GDL, is a restriction on the number of teen-aged passengers who may accompany a new driver. According to recent data, having an additional male teen passenger nearly doubles the already high teen crash rate for 16 and 17-year-old drivers.

While a teenaged driver does not have unrestricted nighttime driving until 18, night driving is permitted beginning at age 16. Statistics from 2008 show that about half of teens that died in crashes, crashed between 3pm and midnight.

Plus, Florida fails to restrict driver's use of cell phone and texting-a major threat to public safety at large. Distracted driving kills about 2,600 people each year.

For more information:

Applying for a New License (Teen Drivers) in Florida

New Ally in Teen Driving Safety-Teens Themselves

What can I do to help my teen be a safer driver? Gainesville accident lawyer gives tips.

Gainesville crash attorney explains the high costs of TBI

jmeldon@meldonlaw.com (Blog Author)52966 — Tue, 12 Apr 2011 08:00:00 EST

What costs the U.S. economy at least $60 billion each year?

Traumatic Brain Injury, also known as TBI (2000). TBI may be caused by a forceful impact to the head during a motor vehicle accident, often with life-long consequences and disability. Traffic crashes cause approximately 17.3% of TBI cases each year.

Some estimate a severe TBI may carry a lifetime cost of care to range from $600,000 to $1.8 million. In addition to medical care, TBI victims may require neuro-behavioral services, vocational rehabilitation, and a constant in-home caregiver, as well as respite care for the caregiver.

Severe TBI may place tremendous financial pressure on a household when a victim is no longer able to care for them self or is unable to maintain a job due to difficulty with basic cognitive function.

Children are especially at risk for TBI and potentially catastrophic lifetime costs. According to the CDC, children ages 0-4 and 15-19 are at greatest risk for TBI. Annually, about 62,000 pediatric cases of TBI require hospitalization from motor vehicle accidents and other causes. The effects of TBI are especially costly to immature brains in the process of developing.

As an experienced car accident attorney in Gainesville and North Central Florida, I urge Florida motorists to be aware of the costs of TBI from motor vehicle accidents. TBI education is the first step in prevention.

For more information please see:

Florida Teen Video Contest - Be a Teen Activist

What can I do to help my teen be a safer driver? Gainesville accident lawyer gives tips

Florida DUI Accident Victims often entitled to Punitive Damages. Gainesville lawyer helps explains.

jmeldon@meldonlaw.com (Blog Author)51177 — Fri, 18 Mar 2011 08:00:00 EST

A personal injury or death resulting from a DUI accident can be unimaginably traumatic.

Often, there is nothing a court can do to ‘fix' emotional or bodily damages caused by a drunk or drugged driver, especially in the event of a wrongful death.

But, the civil justice system can help make DUI victims "whole," awarding Compensatory Damages, for actual financial losses, such as:

Medical expenses for past and future care;
Lost wages, past and future;
Pain and suffering;
Loss of consortium, if married;
Property damages; and
Disfigurement, if permanently scarred.

Punitive Damages may also be awarded, if the driver's blood alcohol exceeded the legal limit (.08 BAC) or the driver behaved recklessly and reprehensibly. A Punitive Damages award may far exceed actual losses received in an accident. Punitives, also called Exemplary Damages, are intended to punish the wrongdoer and deter future reckless behavior.

Punitive damages are often paid directly out of the drunk driver's pocket. More often than not, a wrongdoer's insurance company will not reimburse for Punitives. However, if the wrongdoer is insolvent, the insurance company may be held responsible for paying punitive damages, but not without consequence-skyrocketing insurance rates.

It's important to consult an experienced DUI/accident attorney to evaluate your case for punitive and compensatory damages, immediately after an accident. In certain circumstances, a bar owner, alcohol vendor, or an employer may also be held liable for DUI damages.

For more information:

Are you entitled to Punitive Damages? Ocala accident attorney explains.

Could I have a claim for Punitive Damages against my Insurance Company?

Punitive damages in a Florida Auto Accident Case Explained By Local Attorney

Are you entitled to Punitive Damages? Ocala accident attorney explains.

jmeldon@meldonlaw.com (Blog Author)51168 — Thu, 17 Mar 2011 08:00:00 EST

It's dark outside, and you're stopped at a red light on the way home. Suddenly, you're rear-ended by a drunk driver with a .10 BAC, who is legally intoxicated and had "brake failure." In fact, the driver knew he was operating a truck with defective brakes. Last week, he experienced total brake failure when he hit a parked car. Since then, he'd secretly been topping off his brake fluid and ‘just hadn't gotten around to bringing his truck to the shop.' You sustain injuries and are out of work for weeks recovering.

Would a court award you punitive damages for your injuries? Possibly. In a personal injury accident case, punitive damages may be awarded when a defendant's behavior is sufficiently offensive, reckless, and reprehensible to deserve punishment. Punitives are intended to deter future reckless behavior and penalize the wrongdoer.

In this scenario, a court may award punitive damages for several reasons:

The defendant was voluntarily intoxicated (.08 BAC) and caused injuries.
The driver knowingly failed to maintain a safe car that caused the collision.
The defendant's misconduct was wanton, reckless, reprehensible, and offensive.

While it's interesting to speculate, the only way to know whether your case qualifies for punitives, is to consult a personal injury attorney. Punitive damages may be awarded in addition to compensatory damages, like medical bills, property damage, and lost wages. (Florida Jurisprudence, November 2010, 17 Fla. Jur. 2d Damages § 129.)

For more information:

Could I have a claim for Punitive Damages against my Insurance Company?

Florida DUI Accident Victims often entitled to Punitive Damages. Gainesville lawyer helps explains.

Punitive damages in a Florida Auto Accident Case Explained By Local Attorney

Florida Motorcycle Deaths Drop -Ride Safe Daytona Bike Weekers!

jmeldon@meldonlaw.com (Blog Author)49971 — Tue, 01 Mar 2011 08:00:00 EST

With the 70^th annual Daytona Beach Bike Week soon to begin, Florida bikers have something to celebrate-less fatalities for the third, consecutive year that exceed the falling national average.

After peaking in 2006 (521), fatalities fell to 376 deaths in 2009, representing an approximate 30% decrease over three years, according to the Florida Highway Safety and Motor Vehicle's 2009 Crash Report. To compare, biker fatalities fell nationwide in 2009 by 10%, according to the Governor's Highway Safety Association.

As a personal injury attorney in north central Florida with over 30 years of experience, I congratulate Florida bikers for unprecedented rider safety.

Let's look at some potential factors in decreasing Florida's biker deaths:

Mandatory basic rider education program-15-hour skill and safety course, required to obtain a Florida Motorcycle license, passed in July 2008.
Increased Law Enforcement efforts.
Possible increase in mature motorcyclists on the road-more experience means safer riding.

I wish all bikers and residents of Daytona Beach a safe and enjoyable week.

For more information on Florida motorcycle laws and safety:

Florida Motorcycle Laws 101- ride legally and safely!

Can I "ride free," legally in Florida? Gainesville motorcycle lawyer explains

Daytona Bike Week: A time for extra caution!

The 69^th Daytona Bike Week is underway with its first fatality reported.

News: Reduction in 2010 Florida Fatalities at 22%!

jmeldon@meldonlaw.com (Blog Author)48296 — Mon, 07 Feb 2011 08:00:00 EST

The decline in Florida's motorist fatalities appears larger than initially anticipated.

Exceeding initial estimates, Florida traffic fatalities fell by 22% from 2008 (2,728) to 2010 (2,128), while motorist deaths decreased 10% from 2009 (2,363) to 2010 (2,128).

The National Safety Council (NSC) recently released statistics from the first 11 months of 2010, noting the nationwide average of traffic fatalities fell by 4%.

Previously, the Department of Highway Safety and Motor Vehicle (DHSMV) reported Florida fatalities dropped by 14% from 2008 to 2009, following the national trend. Now, it appears deaths are down by almost 25% since 2008.

While the NSC doesn't explain the reduction in traffic deaths, the DHSMV previously cited the poor economy and institution of Florida's primary seat belt law in June 2009.

Whatever the reasons, as an Ocala and Gainesville accident attorney, I say, "drive safe Florida!"

For more information:

Statewide decrease in traffic fatalities

Congratulations Floridians for a job well done.

Blind-spot cameras save kids and seniors - Gainesville accident attorney explains.

jmeldon@meldonlaw.com (Blog Author)46341 — Fri, 07 Jan 2011 08:00:00 EST

In the U.S., no less than 50 children are backed over each week-two of whom will die. In total, about 18,000 pedestrians, most of whom are young kids and elderly, are injured in back-over crashes annually. Tragically, Florida pedestrians are no exception.

The problem-as cars and SUV's have gotten larger, so have blind spots. Drivers simply fail to notice small children playing behind their car. Rearview mirrors are not enough.

The proposed solution-a rear-view camera, equipped with an alarm, to eliminate blind spots. It's estimated these cameras may save up to 112 lives and prevent 7,000 injuries per year.

As a Gainesville accident attorney, I've seen families devastated when a SUV or motor vehicle backs over a child or senior. Since Florida has the second highest pedestrian fatality rate in the U.S., according to the National Safety Commission, I support mandatory rear-view cameras in 100% of new vehicles by 2014.

Many of these deaths happen in driveways and parking lots, involving children under age 5 and elderly 70 years and older. Tragically, family members are responsible for the crash in 70% of fatal cases.

Rear-view camera technology already exists, but is only standard on about 20% of 2010 models. Adding a standard backup camera is only estimated to add $200 to the price of a vehicle.

Until back-up cameras are standard in all vehicles, check out Consumer Reports to find your car's blind-spot zone rating. The top five worst offenders include: 2006 Jeep Commandeer; 2007 Chevrolet Avalanche LT; 2002 Chevrolet Avalanche; 2008 Hummer H2; and the 2004 Ford F-150 XLT.

For more information:

Rear-view Cameras Proposed to be standard by 2014

Several fatal pedestrian accidents in Ocala raise concern about pedestrian safety

Pedestrian rules of the road for safety in Florida

How Can I prevent a back-over accident? I want to protect my child.

Older Driver Safety Awareness Week - Is it time for that difficult talk? Local accident attorney urges you to!

jmeldon@meldonlaw.com (Blog Author)44866 — Fri, 10 Dec 2010 08:00:00 EST

December is a time to celebrate family, friends, and those we love-making it a perfect time to discuss "Older Driver Safety" during holiday get-togethers.

Not only will the number of senior drivers increase by 70% over the next 20 year, but drivers over age 65 have the second highest crash rate, behind teens, according to the National Safety Commission (NSC). As the baby-boomer generation ages, the NSC estimates we may see an additional 100,000 deaths from 2010 to 2028.

Older Driver Safety Awareness Week, from December 6 to 10, urges adult children to discuss senior driving safety with parents and senior friends.

According to a 2008 study by NSC and caring.com, adult children prefer discussing funeral plans over senior driving safety. Talking about driving ability with a parent can be uncomfortable, but vital. As a local accident attorney, I urge you to have this difficult conversation with your loved one; it just may save their life.

The NSC suggests these tips to talk about "Older Driver Safety:"

Go for an open-minded drive with the senior to observe their habits and abilities.
Is the driver reluctant or timid?
Does the driver have slow reaction time?
Is the driver aware of their environment?
Regularly check the driver's vehicle for signs of damage cause by reduced driving ability.
Talk with friends or neighbors about the driver's ability.

You may be your parent's best driving resource. Talk with your senior loved one about driving. Check out these links for more discussion points and ways to assess older driving ability.

For more information:

Safety tips for elder drivers

How can I tell if it is time for me to give up my car keys?

Are older drivers more dangerous?

Red Means Stop-no excuses... Gainesville accident lawyer explains the risks

jmeldon@meldonlaw.com (Blog Author)44673 — Tue, 07 Dec 2010 08:00:00 EST

Red means stop; green means go. It sounds so simple, right?

It's one of the first traffic rules we learn in driver's education. Yet, drivers continue to run red lights, and motorists, pedestrians, and bicyclists are continually injured or killed when cars don't stop.

As an experienced auto accident attorney in Gainesville, Florida, I urge motorists to stop on red-no excuses. Earlier this summer, the National Safety Commission (NSC) and the Federal Highway Administration (FHWA) celebrated National Stop on Red Week. Just because the campaign is over, doesn't mean Floridians should forget the message-stop on red.

Here are some statistics to remind us to stop:

In 2007, red-light running caused more than 900 deaths and 154,000 injuries nationwide (Insurance Institute for Highway Safety (IIHS) & NSC).

In 2009, about 63% (1,487) of all fatal Florida accidents were intersection related or occurred in an intersection (2009 Florida Crash Report).

St. Petersburg, Fla., ranks in the top five cities nationwide with the highest rates of red light running (4.95 crashes per 100,000 residents) and deaths (7.6 per 100,000 persons) (U.S. Dept. of Transportation, 1997).

Motorists are more likely to be injured in red-light-running accidents than any other type of wreck (FHWA).

Florida ranks 7^th in states with highest death rates in red light running crashes (3.1 deaths per 100,000 residents)( U.S. Dept. of Transportation, 1997).

In 2008, Florida was the deadliest state for bicyclists and pedestrians, which may be related to failure to obey traffic signals at intersections (National Highway Traffic Safety Commission).

Don't let any excuses stop you from stiopping! You may be suprised to find out what the top 10 excuses are for running a red light.

For more information:

Know the Law: What do the Stop Light Colors Really Mean?

"Drugged Driving"-DUI doesn't just mean Alcohol - Gainesville Accident Attorney Explains

jmeldon@meldonlaw.com (Blog Author)44128 — Mon, 29 Nov 2010 08:00:00 EST

Imagine driving home after dark on a Friday or Saturday evening and 16%--or 1 in 6--cars you pass are driven by a "drugged driver."

While drunk driving has decreased, "drugged driving" is on the rise and a major public safety concern. In a nationwide survey, drugs were present about 7 times as often as alcohol among nighttime weekend drivers.

As an experienced accident attorney in Gainesville, Florida, I've seen the devastating effects of "drugged" and drunk driving. I join the National Safety Commission (NSC) in reminding Florida drivers that driving under the influence (DUI) doesn't only mean alcohol.

"Drugged driving" means taking the wheel, while under the influence of any illicit, prescription, or over-the-counter drug. The problem is more serious than you may think.

It is estimated that 20% of all crashes are attributable to driving while "drugged." Plus, more than 16% of weekend, nighttime drivers tested positive for illegal, prescription, or over-the-counter medication, according to a 2007 National Highway Traffic Safety Administration survey.

A study by the National Survey on Drug Use and Health (NSDUH) in 2008, 10 million people-or 4% of the population-reported driving under the influence of illicit drugs.

Drugs affect the brain and central nervous system, resulting in possible disorientation, drowsiness, memory loss, or "sleep driving." Drugs are especially dangerous for drivers when mixed with alcohol.

For more information:

Drugged Driving-Teens Most at Risk - Gainesville accident attorney explains

Why do Senior Citizens need to be aware of "drugged driving?"

"Drugged Driving" - Hazards of Prescription, OTC, and Illicit Drugs

What Constitutes a DUI charge in Florida?

What am I facing with a DUI Arrest in Gainesville, Florida?

Remember, DUI Does Not Always Equal a High BAC

Stop Drugged Driving

NIDA InfoFacts: Drugged Driving

Drugged Driving—Teens Most at Risk – Gainesville accident attorney explains

jmeldon@meldonlaw.com (Blog Author)44132 — Mon, 29 Nov 2010 08:00:00 EST

Even though they're still in high school, they party, and then they drive.

According to one study, 30% of high school seniors reported driving after using alcohol or other illicit drugs or riding with a driver who had-at least once in the two weeks prior.

"Driving under the influence" (DUI) among teens is widespread-and it doesn't just mean alcohol.

As a Gainesville automobile accident attorney, DUI lawyer, and a parent, I've seen the tragic effects of impaired driving on teen lives. From parent to parent, I urge you to talk with your teen about drugged driving.

Car crashes are the leading cause of death for teens, 15 to 20 years old, according to the National Highway Traffic Safety Administration. "Drugged driving" is a major public safety concern and contributing factor.

"Drugged driving" means using prescription, illicit, or over-the-counter drugs before taking the wheel. When it comes to the teen drug of choice, marijuana and then prescription medications are the most commonly abused, according to the 2007 National Survey on Drug Use and Health.

Drugs affect the brain and central nervous system, resulting in possible disorientation, loss of balance, drowsiness, memory loss, or "sleep driving." Drugs are especially dangerous for young drivers when mixed with alcohol.

My advice, talk with your teen. Studies show that teens who reported having conversations with their parents about alcohol and drugs were more likely to stay drug-free.

For more information:

"Drugged Driving" - Hazards of Prescription, OTC, and Illicit Drugs

"Drugged Driving"-DUI doesn't just mean Alcohol - Gainesville Accident Attorney explains

Drugged, drunk and distracted driving teenagers facts and advice.

Gainesville and Ocala Accident Attorney urges us to honor victims of traffic crashes.

jmeldon@meldonlaw.com (Blog Author)43717 — Fri, 19 Nov 2010 08:00:00 EST

Traffic crashes are a threat to global, public health and safety.

World Day of Remembrance for Road Traffic Victims (World Day) is an internationally recognized day to honor those killed in traffic accidents worldwide.

World Day recognizes the increasing epidemic of car crashes that especially claims the lives of children and young adults:

Worldwide, roadside wrecks are the leading cause of death for persons ages 10 to 24 years.
Globally, about 1.3 million people die and another 20 to 50 million are injured in car crashes annually.
In the United States, traffic crashes are the number one killer of people ages 5 to 34.

As an auto accident attorney, I have seen the devastation car crashes cause in North Central Florida and beyond. This year, I join the millions of families and friends who lost loved ones in honoring traffic victims on World Day, November 21, 2010. I urge you too as well.

World Day is marked by worldwide ceremonies of reflection, laying of flowers, and "lights of hope" between 6 pm to 8 pm to remember the dead and injured.

The United Nations officially recognized World Day in 2005, which originated in the United Kingdom in 1993. The U.S. first honed World Day in 2009.

Worldwide, car wrecks not only cause senseless, preventable deaths, but cost $100 billion dollars to low and middle-income countries, as estimated by the World Bank. Road injuries cost countries 1% to 2% of their gross national product, according to the World Health Organization.

For more information:

http://www.cdc.gov/mmwr/preview/mmwrhtml/mm5945a6.htm?s_cid=mm5945a6_x

http://www.worlddayofremembrance.org/

New Rear-facing Safety Seat Guideline for Toddlers - Do you know what it is?

jmeldon@meldonlaw.com (Blog Author)42309 — Tue, 09 Nov 2010 08:00:00 EST

Turning baby's car seat around is the only milestone to delay as long as possible.

The American Academy of Pediatrics (AAP) recommends toddlers remain seated in a rear-facing convertible seat at least until age 2.

Previously, experts recommended that a baby graduates to a forward-facing seat at age 1 and 20 pounds. That's not the case anymore. Studies cited by the AAP show that toddlers are at least 5 times safer riding in a rear-facing safety seat until their 2^nd birthday.

As an experienced Ocala, Florida, accident lawyer, I've seen my share of helping people after tragic car wrecks-the most devastating involving children. I join the AAP in urging parents to delay turning around a toddler's seat as long as possible-at minimum, until age 2 or until they reach the maximum height and weight recommended by the seat manufacturer.

So, why the change? Experts recognize that kids are anatomically different than adults. Testing with child-sized crash test dummies shows that toddlers are especially vulnerable to head and cervical spine trauma. Biomechanically, a child's neck is flexible to help with the birth process-and the neck may remain vulnerable up until age 12!

Experts actually recommend that not only toddlers ride rear-facing, but kids and adults too. The biggest obstacle to longer rear-facing rides is simply changing a parent's perception.

Studies show that as a child moves through various car seat stages-from an infant seat, to a convertible, to a booster, and finally to a regular seat belt-each offers less protection than the prior phase. So, delay your toddler's graduation-and keep them buckled in a rear-facing seat as long as possible.

To check the installation of your child's safety seat, make an appointment with Safe Kids of North Central Florida.

For more information:

Is your most precious cargo buckled up safely?

Child car seat advice questioned

Crash on the Interstate - What we Can Learn from It.

jmeldon@meldonlaw.com (Blog Author)41038 — Tue, 19 Oct 2010 08:00:00 EST

A recent 15-car crash on I-75 during a blinding downpour in Florida's rainy season started with a hydroplaning teenager.

Florida Highway Patrol (FHP) states the pile up, involving 26 motorists, was triggered by 16-year old from Alachua, when he lost control over his 2008 Nissan after hydroplaning in the height of a storm.

Luckily, there were no reported deaths, resulting from this catastrophic pile-up that blocked the interstate for 6 hours. However, there are things to be learned from this crash.

As an experienced Gainesville accident attorney, I'd like to highlight the dangers of hydroplaning, which can cause catastrophic injury. Not only are teen drivers ages 15 to 19 more likely than any other age group to be involved in a motor vehicle accident, but chances for hydroplaning increase as speed increases.

While it is unknown how fast the teen was traveling, he was likely going over 50 mph on I-75, which increases the likelihood of hydroplaning. Pooled water on the roadway was also likely a factor, since the National Weather Service reported the storm dumped at least an inch of rain.

Preliminary crash reports state that Myers "failed to use due care when special hazards existed." Generally, hydroplaning is due to "driver error," caused by speeding and failing to maintain tire conditions.

For more information:

Hydroplaning Teen Causes 15-Car Pile-up on I-75

The 5 Factors of Hydroplaning - Gainesville Accident Attorney Explains.

When Rubber Does Not Meet Pavement - Hydroplaning. 5 Ways to Avoid Losing Control

What is Viscous Hydroplaning?

Risk Factors Teens Bring to The Road

Truck Beds Are For Cargo, Not People - Alachua County Accident Lawyer Explains the Dangers

jmeldon@meldonlaw.com (Blog Author)39914 — Wed, 29 Sep 2010 08:00:00 EST

A reminder, Florida Law states that minors are prohibited from riding in the bed of a pick-up truck. Persons 18 years and older may ride in the bed of a truck, but I don't recommend it - it is dangerous. When riding in a cargo area, kids are 8 times more likely to be ejected and killed.

As an experienced local personal injury attorney, I've seen the devastating effects of ejection from truck beds. Take this simple safety precaution-and never allow a child to ride in the cargo area, even if it's just up the road.

Florida crash statistics (2009) show that about 56% of persons killed while riding in the bed of a truck are between the ages of 15 to 19. Not only is it illegal for minors to ride in the back of a truck, it's incredibly dangerous for kids, who may be ejected while navigating small bumps and slight turns. Plus, a driver may be charged with vehicular homicide, in the event of a death.

This advice isn't just for kids. Crash statistics show that an additional 23% of persons killed while riding in a truck bed are ages 45 to 54. While it's not illegal for adults to ride unrestrained in the cargo area, it's not safe.

The National Safety Commission (NSC) reminds us that riding in a truck cargo are is dangerous for the following reasons:

There aren't any seatbelts.
Passengers are likely to be ejected and crushed in even a minor accident.
Truck beds are designed for cargo, not people!

For More Information:

Know the law about pickup trucks and buckle up!

Florida Safety laws for pickup trucks.

Driving With Your Pet Could Be a Deadly Mistake - Gainesville Accident Attorney Explains.

jmeldon@meldonlaw.com (Blog Author)39745 — Mon, 27 Sep 2010 08:00:00 EST

Have you ever been distracted by a barking dog, nails on leather seats, or a yapping lap dog? If you have, then you are in the company of 80% of respondents polled by the AAA Foundation for Traffic Safety (AAA), who reported driving with their pets on leisure trips or to work.

Of those polled, AAA reported that only 17% properly restrained their pets while driving.

As a Gainesville accident attorney, I have seen the devastating effects of distracted driving-whether from texting, talking on a cell, or an unrestrained pet passenger.

In 2008, approximately 6,000 people were killed in distracted driving accidents, according to the National Highway Traffic Safety Administration (NHTSA). Statistics show that driving with your pet could even be as deadly as driving under the influence of alcohol.

Not only are unrestrained pets a distraction, you could be found comparatively negligent, or at-fault, for damages caused in an accident. If your pet contributes to the cause of a wreck by distracting you, the driver, then you may be liable for a portion of the damages.

I urge you to protect yourself, your pet, and fellow motorists by properly restraining and securing your pet before getting behind the wheel.

For More Information:

Restrain Your Pet - Restraint Systems Explained

The Cost of Not Clicking It May Surprise You - Gainesville Accident Attorney Explains

jmeldon@meldonlaw.com (Blog Author)39311 — Mon, 20 Sep 2010 08:00:00 EST

Even though the number of U.S. traffic fatalities reached its lowest level since 1961, at 37,261 deaths, the economic cost of motor vehicle accidents remains astronomical. Buckling up is the single most effective life saving tool-saving approximately 13,000 lives each year.

In 2000, the cost of motor vehicle accidents totaled $230.6 billion! To add some local perspective, the oil, tourism, and fishing industries in the Gulf of Mexico are estimated to earn $230 billion each year.

Itemized crash costs include: $81 billion in lost productivity; $32.6 billion in medical expenses; and $59 billion in property damage. Distributed to each person in the U.S-that's $820 per year.

As an experienced accident attorney serving North Central Florida, I encourage all Florida drivers to buckle up before taking the wheel. When vehicle occupants don't wear safety belts, injuries received in a crash are much worse because the likelihood of ejection increases. It costs 50% more to treat an unbelted vehicle occupant, than a belted one, according to the National Highway Traffic Safety Administrations (NHTSA).

In 2004, the NHTSA estimated that failing to buckle up cost the U.S. $18 billion-roughly one month of the U.S.'s estimated GDP!

Did you know the average cost for a critically injured car crash survivor is more than $1.1 million over a lifetime? Plus, in-patient rehabilitation costs for a survivor average $11, 265 per patient.

The bottom line: Do yourself and your neighbor a favor-buckle up-or it may cost us all.

For More Information:

Congratulations Floridians! An Ocala and Gainesville Accident Attorney says, "Job well done!"

Motor Vehicle Occupant Protection Facts (revised August 2008)

Florida Law Regarding Child Safety Seats and Adult Seat Belt Use - Do You Know What It Says?

Good News - Flroidians are now buckling up at more than the national percentage!

Congratulations Floridians! An Ocala and Gainesville Accident Attorney says, "Job well done!"

jmeldon@meldonlaw.com (Blog Author)38551 — Tue, 07 Sep 2010 08:00:00 EST

Florida drivers should congratulate fellow motorists, law enforcement, and the Legislature for a job well done saving lives this year-420 lives, to be exact.

A 14% reduction in traffic related fatalities from 2008 to 2009 may not seem like a lot, but to add some perspective-that's approximately 22 classrooms of elementary school kids.

So, what are Floridians doing right to make our streets safer? The Department of Highway Safety and Motor Vehicle (DHSMV) attributes the decline in traffic fatalities to a complex interaction of factors: economic conditions, safer vehicle design, fewer overall vehicles on the road, and the primary seat belt law.

While poor economic conditions means less cars on the road, the decrease in traffic-related deaths may also be associated with Florida's primary seat belt law. The law went into effect in June 2009, allowing police to ticket adult drivers for not buckling up.

According to DHSMV statistics, approximately 917 of the total 1,555, traffic fatalities in Seat Belt Equipped Vehicles (SBEV) failed to wear seat belts. That's 59% of those killed! Seat belt usage protects vehicle occupants from being ejected during a crash. When thrown during a crash, the risk of death is five times greater.

The fall in Florida traffic-related deaths mirrors the nationwide decline in fatalities (8.9%), as reported by the National Highway Traffic Safety Administration (NHTSA). The NHTSA also attributes the decline to aggressive safety belt campaigns and economic factors.

As an Ocala and Gainesville Accident Attorney, I say, "Congratulations Floridians and Buckle Up!"

6 Steps of Buckling up with a Belly - Seat Belt Safety for Pregnant Women

jmeldon@meldonlaw.com (Blog Author)38209 — Tue, 31 Aug 2010 08:00:00 EST

Families go to great lengths to ensure an unborn baby receives proper nutrition and medical care. But did you know that car crashes are the single leading cause of traumatic fetal death and mortality in pregnant women?

As an experienced Ocala and Gainesville car accident attorney, I support the National Highway Traffic Safety Administration (NHTSA) in reminding pregnant women to buckle up safely.

The crash statistics are tragic and, for the most part, preventable. Annually, 160 pregnant women are killed in car wrecks-plus 800 to 3,200 fetuses die when the mother survives.

The NHTSA recommends these simple steps to protect yourself and your fetus:

Wear your seat belt. Buckling up is the single most effective way for you and your fetus to survive a wreck. The seat belt should be a three-point restraint, meaning that it has a lap strap and a shoulder strap.
Secure the lap strap BELOW your belly, snuggly across your hips and pelvis. If the lap belt is placed over your belly, it could crush your uterus, causing the placenta to separate from the uterine wall in an accident.
Place the shoulder belt across your chest and away from your neck. Don't tuck the shoulder belt behind you or under your arm. When driving, the shoulder strap may keep the wheel from crushing your belly, in the even of an accident.
Keep Airbags Activated. Experts recommend using both seat belts and airbags to best protect you and your unborn baby. Airbags are no substitute for a seat belt.
Fit Matters. If you need roomier seat belts, contact the vehicle manufacturer or dealer for belt adjusters. If fit is an issue, remember to wear the lap belt BELOW your belly.
Position the seat as far rearward as possible. To protect your belly from impact, position a passenger seat as far from the dash as possible. As a driver, position the seat as far rearward as safely possible while driving to increase the distance between your belly and the steering wheel.

Remember, if you're not buckled up, you could be ejected from the vehicle, which is almost always lethal for a woman and unborn baby. In 2008, seat belts saved approximately 13,000 lives and remain the best defense against distracted, impaired, and aggressive drivers.

For more information:
Car Seat Safety is for Everyone

Is it safe to drive while I'm pregnant?

Where is the safest place to ride in a car while I'm pregnant?

Why is driving or riding in a car while I'm pregnant so dangerous?

Tire Failure Causes Fatal Rollover - Local Accident Attorney Urges Tire & Safety Checks

jmeldon@meldonlaw.com (Blog Author)37747 — Mon, 23 Aug 2010 08:00:00 EST

The Florida Highway Patrol (FHP) fingers tire tread separation as the culprit in a fiery rollover crash on I-75 near Gainesville. Five of the seven passengers were ejected from the SUV, and the driver was killed.

As an experienced Gainesville automobile accident attorney, I join the FHP in urging all Florida motorists to check their tires before hitting the highway for the summer driving season.

Tire tread separation while travelling at a high speed can be catastrophic, as it was for this family. While tire failure may not be 100% preventable due to manufacturing or design defects, I recommend taking routine maintenance precautions to ensure the safety of your tires-and your family.

Looking at this tragic crash, a number of factors may have contributed to its fatal outcome:

Tire Failure. Tire tread separation at a high speed may lead to a rollover crash, the deadliest type of traffic accident. This is a "tripped" rollover, which characterizes 95% of these fatal crashes.
No Seat Belt Use. Failure to wear a safety belt is illegal, and can cause vehicle occupants to be ejected in a rollover. When ejected, the vehicle may crush its occupants.
SUV. SUV's are generally tall with a narrow wheel base and a high center of gravity, making them more susceptible to rollover crashes.
Speed. The crash took place on I-75, so they were likely travelling at a high speed. About 40% of fatal rollover crashes involve cars travelling at 55mph or more.
Heavy Load. Overloading is a serious contributing factor to rollover crashes. Apparently, the Ford SUV in this crash was carrying 7 people, ages 11 to 74. It's easier than you may think to overload a vehicle.

So, please check your tires for tread wear or other risk factors. The National Highway Traffic Safety Administration recommends replacing your vehicle's tires when tread is worn to 1/16^th of an inch or you can see the "tire bars."

For more information:

Tire Safety - Everything Rides on it. NHTSA Report

When was the last time you checked your tires?

What should I look for when checking my tires?

Rollover Crashes are Deadly - Local Accident Attorney Gives a Heads Up.

jmeldon@meldonlaw.com (Blog Author)37164 — Thu, 12 Aug 2010 08:00:00 EST

Tragically, Beth J. Rose, 48, became the 48^th traffic fatality of 2010 in Marion County after a single-car rollover accident in Reddick earlier this summer.

Rollover crashes are the most deadly and violent of all auto accidents. As an experienced Gainesville accident attorney, I urge drivers to inform themselves and loved ones about the causes and ways to avoid tragic rollovers during the Florida summer driving season.

According to the Florida Highway Patrol, Rose's 2-door 1994 Mercedes Benz was travelling north on C.R. 225A when it rotated counterclockwise, striking a concrete culvert. Rose's car rolled over at least once, ejecting its driver.

Rose failed to wear a seatbelt and was crushed under her vehicle. She later died after extensive brain damage and a medically induced coma.

In this case, Rose was driving on a rural road where the speed limit was likely more than 55 mph-all typical characteristics of rollovers. While the low base of Rose's car does not fit the typical profile of a tall truck or SUV with a high center of gravity, it appears the car was "tripped" by a culvert-a mechanism common to 95% of rollovers. What makes this single-vehicle crash particularly deadly is the failure to wear a seatbelt, which makes it more likely the occupant, will be ejected and pinned.

For more information on rollover crashes:

Rollover Crashes - Gainesville Accident Attorney Explains

What are the types of rollover crashes?

Ways to prevent a rollover crash.

Roadside Emergencies - Move Over or Slow Down! Gainesville, Fl Accident Lawyer Explains the Law.

jmeldon@meldonlaw.com (Blog Author)34856 — Fri, 09 Jul 2010 08:00:00 EST

Imagine attempting to render aide in an emergency roadside situation with cars flying by at 70 mph 5 feet away and not knowing if the drivers are texting while driving or...?

Recently, the NSC reminded us of the Move Over Act that was passed in Florida in 2002. This important law protects our roadside emergency responders from injuries and death in the line of work. It was estimated that between 1999 and 2009, more than one emergency worker per month was killed while aiding a motorist by the side of the road.

As a local Gainesville, Floriida accident lawyer, I applaud the NSC for their timely safety alert while many Floridians and visitors are on the roadways this summer. This alert and law is of even more importance in this day and age of driving distracted and multitasking behind the wheel.

Unfortunately, this vital law is one that the majority of drivers (71%) are not aware of despite the growing number of roadside signs and TV campaigns. I urge all Floridians to learn about this crucial law, and to move over or slow down for emergency vehicles-help protect those who help protect us!

The Move Over law is simple all we need to remember is - MOVE OVER for emergency vehicles stopped on the side of the road and if that is not possible then we must slow down 20 mph under the speed limit! Emergency vehicles include: police cars, ambulances, fire rescue vehicles, and tow trucks. However, if we just treat any vehicle with flashing red, blue, or amber lights stopped on the side of the road as an emergency vehicle and move over or slow way down, we are following the law. This is also a good rule of thumb for any vehicle stopped on the side of the road with engine or tire malfunction.

Allow emergency workers room to do their job, concentrating on the emergency at hand, in a relative zone of safety. It just may save a life and it could be yours or a loved one's.

For more information:

What do I do when an emergency vehicle is in my rear-view mirror with its lights flashing?

It's Important to Learn How to Share the Road with Semis - A Heads up from an Ocala Truck Accident Lawyer.

jmeldon@meldonlaw.com (Blog Author)34717 — Wed, 07 Jul 2010 08:00:00 EST

With summer time in full swing and more of us on the Interstates, knowing how to share the road with semi-trailer trucks is an important part of highway safety. Too often, accidents occur between cars and trucks because of poor driving and lack of awareness.

This issue should not be taken lightly. According to the Federal Motor Carrier Safety Administration, car drivers made mistakes in 70 percent of fatal accidents involving trucks. The 1999 study, The Unsafe Driving Acts of Motorists in the Vicinity of Large Trucks, cited the most common mistakes motorists make while driving near trucks to be: not signaling lane changes, passing abruptly and driving too slow in the fast lane. The study also ranked Florida third for fatal truck accidents (California was #1; Texas was #2).

This news may be shocking to some but as an experienced Ocala truck accident attorney, I have handled many devestating accidents involving large trucks. Most truck drivers walk away without a scratch while motorists suffer severe injuries or death. It is important for all of us to learn how to share the road with trucks.

For more information:

Sharing The Road With Tractor-Trailers: Protect Yourself Now More Than Ever!

3 Tips on How to Share the Road With Trucks From An Ocala Truck Accident Attorney

7 Simple things to help make your holiday weekend safe.

jmeldon@meldonlaw.com (Blog Author)34312 — Tue, 29 Jun 2010 08:00:00 EST

Independence Day is upon us. As an accident attorney, here are some simple things you can do to make hitting the roadways in Florida safer.

Be aware of the Interstate you are traveling on. New statistics show that Florida has 3 of the top 20 deadliest interstates in the nation, including the #1 spot!
Beware of driving on wet roads. Wet roads increase your risk of skidding and hydroplaning. Make sure your tires are properly inflated and maintained - they are your most important control device on your vehicle. (Properly maintained tires on hot Florida roads will also help prevent blowouts.)
Do not drink and drive and do not let your friends do it either. Nearly 40% of Florida's traffic fatalities were alcohol related in 2008.
Put down the cell phone and pay attention to the road with both hands on the wheel. Distracted driving is the leading cause of crashes.
Do not overload your vehicle. Overloaded vehicles are less stable, take longer to stop, more difficult to steer and cause tires and breaks to overheat, leading to blowouts and crashes.
Follow the speed limit and do not be an aggressive driver. Aggressive driving is responsible for 2/3rds of all auto fatalities.
Give yourself plenty of time to reach your destination, do not speed, avoid tailgating and driving drowsy.

Have a happy and safe Independence Day weekend!

For more information:

5 Things to pay attention to for safe travels on the 4th of July and everyday on the road in Florida

Florida's Interstates are some of the deadliest in the country

What can I do to hlep keep my teen driver safe this summer and over the 4th of July in Ocala, Florida?

The latest on children and motor vehicle accidents - local accident attorney gives advice.

jmeldon@meldonlaw.com (Blog Author)34192 — Mon, 28 Jun 2010 08:00:00 EST

If you could protect your child from the leading cause of death among U.S. children, would you?

As a father and a Gainesville and Ocala accident attorney, I'd guess you would. The solution-buckle them up in an age-appropriate child safety seat. It's that simple.

The National Highway Traffic Safety Administration (NHTSA) recently released a study stating that proper use of a safety seat significantly lowers the risk of a fatal or debilitating injury in any type of traffic crash for children up to 7 years old.

The NHTSA looked at almost a decade of traffic statistics from 1999 to 2008. They discovered that child safety seats make a significant difference in keeping kids alive in a crash.

Data shows the most dangerous traffic accident for children up to 7 years old is a rollover crash. In a rollover, unrestrained children are almost three times more likely to sustain incapacitating or life-threatening injuries than properly restrained children.

In near-side impacts, unrestrained kids are eight times more likely to receive fatal or debilitating injuries than restrained children.

And what are we protecting kids from? Hands down, head injuries (or Traumatic Brain Injury), like cerebrum contusions or lacerations, being the most common-especially for kids under 1 year's old. Data shows that skull fractures are more common among older kids, ages 1 to 7 years old, along with, hand and lung injuries, bowel injuries and injuries to legs below the knee.

The good news is traffic crash injuries may be preventable-just buckle up!

For more information:

Its the Law: The Importance of Car Seats

Florida Law on Child Safety Seats

Protect your most precious cargo

Why is a childhood traumatic brain injury (TBI) from a car accident so dangerous?

Gainesville, Florida accident attorney talks about the high cost of speeding.

jmeldon@meldonlaw.com (Blog Author)33946 — Wed, 23 Jun 2010 08:00:00 EST

If you think speeding is no big deal, then you'd be wrong--maybe even dead wrong.

According to the National Highway Traffic Safety Administration (NHTSA), the likelihood of death or serious disfigurement in a car accident doubles for every 10 mph that a motor vehicle travels over 50 mph.

In fact, speeding is so damaging that it costs society more than $23 billion dollars a year. That's nearly $44,193 per minute! And there's no price tag on losing a family member or friend.

So what is it about speeding that is so dangerous? According to the NHTSA, speeding:

reduces a driver's visibility;
diminishes a driver's ability to steer around curves or objects in the road;
extends the distance required to stop;
decreases the effectiveness of seatbelts, airbags, and crumple zones; and
can be a sign of aggressive driving or escalate into "road rage."

As an experienced Gainesville, Florida accident attorney, I ask you to spread the word about speeding to your friends, family, and loved ones. Exceeding the speed limit kills. And remember, if you exceed the posted limit by even 1 mph, you are speeding.

For more information:
Heads up - give yourself some time and space

Aggressive Driving Defined-how to identify it on the road

How do I protect myself from Aggressive Drivers? Gainesville accident attorney gives some answers.

Am I an aggressive driver? Gainesville, Florida accident attorney gives insight.

Safety tips for elderly drivers.

jmeldon@meldonlaw.com (Blog Author)32674 — Wed, 02 Jun 2010 08:00:00 EST

Florida leads the country in older driver related deaths. Here are just 2 examples of accidents caused by older drivers this year in Florida. Near Tampa, 2 were killed and many hospitalized, when an 81 year old woman failed to yield the right of way to a tour bus, causing it to flip over and eject its' passengers. In Fort Meyers, an 82 year old man was killed when he pulled out in front of a truck.

Some of the most common accidents seniors are involved in are failing to yield the right of way and making unsafe left turns in busy intersections. These crashes are often serious and involve several vehicles.

The good news is that getting older does not necessarily mean a person's driving days are over. Keeping physically fit, getting regular vision check ups and paying attention to your reflexes and mental status, can help older people drive safely longer, according to the National Highway Traffic Safety Administration.

Since 2004, Florida law requires drivers over 80 to pass a vision screening exam before they can renew their license. As an accident attorney, I recommend vision screening more frequently than the required every 8 years. It has been found that many times an older person's 1^st realization that their eyesight has changed is when they have been in an accident.
Here are some other safe driving tips for senior drivers:

Plan your trip ahead of time and avoid heavy traffic.
Follow the speed limit.
Always buckle up.
When you start a new medication, read the label and ask your doctor and pharmacist if it will effect your driving.
Do not drink and drive.
Do not drive distracted by eating, or using a cell phone.
Take frequent rest stops.

However, despite all the above self regulating measures, the crash rate per mile driven begins to increase at age 65.

For more information:

I am 75. How can I tell if it is time for me to give up my car keys?

Are older drivers more dangerous drivers?

When your vehicle breaks down on the Highway...

jmeldon@meldonlaw.com (Blog Author)31020 — Tue, 04 May 2010 08:00:00 EST

With the start of vacation season around the corner, it is time to be prepared for roadway emergencies. Here is one - You're on the highway, cars are flying past at 70 mph-and you have a flat tire. You have to pull over on the interstate shoulder, but what should you do?

Although dangerous, some simple safety precautions can help you survive a breakdown on the highway. As an experienced accident attorney who has seen numerous interstate crashes, I'd like to review how to increase your safety if you breakdown on the highway.

National Safety Commission (NSC) recommends the following:

1. Stop safely on the highway shoulder. The shoulder is meant for true emergencies-not picnicking or stretching your legs. You may need to make your way across several lanes. If you cannot make it to the shoulder, turn on your hazard lights and exit the vehicle when safe.

2. Once you come to a complete stop on the shoulder, turn your wheels all the way to the right, away from traffic.

3. Turn on your hazard lights and headlights for visibility.

4. Exit the vehicle on the passenger side, or whichever side is farthest from traffic. Get to safety, possibly behind a barrier-but not between your car and oncoming traffic.

5. Use your cell phone to call for help and roadside assistance. In Florida, dial *FHP to contact the Florida Highway Patrol. Then contact family members to let them know where you are.

For more travel safety information:

Protect Your Child on the Road - Follow the Law and Be Safe

When was the last time you checked your tires?

5 Simple things you can do to make your holiday road trip safer

Car seat safety is for everyone.

jmeldon@meldonlaw.com (Blog Author)30159 — Mon, 19 Apr 2010 08:00:00 EST

Did you know that car seat safety isn't just for kids? A driver's seat safety has serious consequences for spinal, neck, and back injuries in a crash. Car seat safety is for everyone.

As an experienced accident attorney, it is my mission to educate drivers about basic automobile safety, such as car seats. Did you know that if a car's seat rating or positioning is poor, serious whiplash injuries may occur during an accident?

The National Safety Commission (NSC) recommends that drivers take these safety steps:

Check the head rest position. It's all about geometry. A head rest should reach approximately the midpoint of the skull (about 9 cm, 3.5 inches, below the top of the head).
Put your seat in an up-right, locked position. If a seat is too far reclined, the greater the distance the body travels and the more violently the neck snaps back in a crash. Don't recline your seat, it's dangerous.
Position the seat at least 10 inches from the airbag.
Buckle the seatbelt low around your waist. Adjust the height of the seat belt, if necessary, and wear the shoulder harness across your chest.
When purchasing a car, check the Insurance Institute for Highway Safety's (IIHS) car seat safety ratings.

A car seat protects a driver or passenger in the event of a crash. While a seat may be relaxing and comfortable, reclining a seat too far could actually lead to "drowsy driving" when tired.

Did you know that car seat safety is so important that the IIHS tests the seat independently from the rest of the vehicle? Crash test dummies with a realistic spine and neck are bucked into a seat and crashed at 20 mph. This simulates a common rear-end crash scenario that often results in whiplash.

Traffic Deaths Decrease; Distracted Driving Remains a Danger

jmeldon@meldonlaw.com (Blog Author)29470 — Mon, 05 Apr 2010 08:00:00 EST

As an accident attorney, I congratulate our nation's drivers for bucking up and making responsible decisions regarding alcohol use. I also applaud law enforcement for successful "Click it or Ticket" and "Drunk Driving. Over the Limit. Under Arrest" campaigns. Way to go.

While automobile fatalities dropped to a 55-year low due to overall safer driving habits, distracted driving remains a major contributing crash factor.

Despite all-time low motorist fatalities, distracted driving remains a contributing factor in 80 percent of all crashes and 60 percent of near-crashes. My advice as a personal injury lawyer - it's time to put the cell phone down.

The National Highway Transportation and Safety Administration (NHTSA) statistics show that texting while driving is equivalent to driving with a BAC of more than 0.08-and yet we continue to put ourselves, passengers, and fellow drivers at risk.

Remember distracted driving doesn't only include texting. It's also dangerous to eat, talk on the phone, listen to loud music-or any other activity that takes a driver's mind, eyes, or hands off the wheel and road.

Clearly, we have a long way to go to make our roads safer. But already, 19 states and the District of Columbia have texting bans in place.

So, what is Florida doing to eliminate distracted driving? As of March 2010, Florida's legislature is considering a texting bill to prohibit texting while driving. Join me in supporting a texting ban!

Driving Distractions 101

Distraction.Gov - The Official Website for Distracted Driving

Nationwide Record Low Traffic Fatalities

Florida Considers Ban on Texting While Driving

jmeldon@meldonlaw.com (Blog Author)29472 — Mon, 05 Apr 2010 08:00:00 EST

Florida legislators are poised to make texting while driving illegal-and it's a small step in the right direction.

As an experienced auto accident attorney, I've seen the devastating effects of texting while driving. Ask yourself: Is texting really worth risking your life for?

The proposed distracted driving ban would make texting a secondary offense with a first-time penalty of $30 plus court fees. A secondary violation would result in a $60 fine plus court costs.

While it seems a mere secondary, non-moving violation may not discourage adamant texters, making this dangerous behavior illegal is a step in the right direction.

Already, Florida lags behind the nationwide trend in texting laws. Currently, 19 states and the District of Columbia have texting bans in place. In 2009, more than 200 texting bills were considered by state legislatures.

Florida's consideration of a texting ban follows an Executive Order issued by President Obama on October 1, 2009, making it illegal for federal employees to text while driving government vehicles. Additionally, U.S. Transportation Secretary Ray LaHood announced a prohibition on texting and driving for big truck drivers, resulting in a fine of up to $2,750.

We don't have to wait for it to be law to turn off the cell phone while driving

Traffic Deaths Decrease; Distracted Driving Remains a Danger

Heads up - The most violated street sign!

jmeldon@meldonlaw.com (Blog Author)28689 — Mon, 22 Mar 2010 08:00:00 EST

The National Safety Commission (NSC) reports the most violated traffic signal is-the speed limit. That's right, not the big red "stop" sign or even the yellow "yield."

Have you ever blamed the traffic cop for pulling you over? It's easy to do. Maybe you thought you were safe-only going 5 miles per hour over the speed limit.

As an experienced Alachua County accident attorney, I see plenty of crashes in which drivers fail to obey basic traffic signals and exceed the speed limit. Following basic road rules could save your life-or the life of another.

Many drivers who receive speeding citations blame several factors: too few posted speed limit signs, trees or shrubbery blocking their view, or even the cop. Whatever a driver blames, speeding claims lives on our nation's streets, highways, and roads.

The NSC reports that in 2008, there were 11,000 speeding-related fatalities nationwide. Speeding was a factor in 31% of all fatal crashes.

In 2007, approximately 14% of fatal crashes in Florida involved drivers that exceeded the safe or stated speed limit.

Even if you exceed the speed limit by 1 mph, you are speeding. If you receive a speeding citation, you will likely receive a fine, may need to attend a Driver Improvement Course, and may receive points on your driver's license.

In memory of the recent tragic accident in Alachua County that killed three, apparently due to speeding, I remind you, Please, be safe - follow the posted speed limit... it could save your life and those of loved ones.

For more information:

Table of Speeding Fines and Point System for Alachua County

Point System for Traffic Violations in Florida

Toxic Cocktail for disaster-"Energy Drinks" and Driving

jmeldon@meldonlaw.com (Blog Author)27992 — Wed, 10 Mar 2010 08:00:00 EST

We know drinking and driving can be lethal, but did you know that consuming caffeinated "energy drinks" mixed with alcohol could put you at even higher risk?

As a local accident and DUI/DWI lawyer, I have seen the life-altering effects of drinking and driving. We now know that "energy drinks" (like "Red Bull" and "Monster") plus alcohol is an extremely toxic mix with potentially lethal side effects. This is especially vital information to share with college-aged consumers-who are often the target population of the $5 billon "energy drink" industry.

A UF study found that partiers who consumed energy drinks mixed with alcohol were three times more likely to be highly intoxicated and four times as likely to intend to drive as compared to persons who only drank only alcohol.

Drinking caffeine and alcohol results in a wide-awake drunkenness-that leads to riskier behaviors. Research shows the caffeine stimulant overrides the alcohol depressant, aggravating the level of intoxication.

Participants in the study who consumed an alcoholic energy drink blew, on average, a BAC of 0.109, which is above the 0.08 legal limit.

In 2008, approximately 11,773 people died in alcohol related crashes involving a drunk driver with a BAC of more than 0.08, making up 31.6 percent of all traffic fatalities that year.

Remember, the best way to be safe on the road and avoid the potentially life alerting consequences of driving under the influence of alcohol, a DUI arrest, charge and conviction is to not drink and drive!

For more information on this important topic:

http://www.madd.org/about-us/about-us/statistics.aspx

I only had one drink how could that put me over the limit?

What am I facing with a DUI arrest in Gainesville, Florida? Whats the reality of a DUI charge in Alachua County? Consequences?

UF Study: Mixing energy dringks, liquor a dangerous combination

The 69th Daytona Bike Week is underway with its first fatality reported.

jmeldon@meldonlaw.com (Blog Author)27560 — Tue, 02 Mar 2010 08:00:00 EST

The 69th annual Bike Week in Daytona Beach, one of the largest motorcycle events in the world, got underway last Friday and will run until March 7.

During this week, several hundred thousand motorcycles are predicted to converge on the Daytona area from all over the country. Volusia County's Emergency Rooms are geared up for the dangerous and deadly week. One fatality has already been recorded.

As a local motorcycle accident attorney - have a safe time and Remember:

Bikers: Wear a helmet on every ride; Wear bright colors; Turn on high beams during the day; Ride as if the other vehicles on the road cannot see you; and don't drink and ride.

Drivers: Pay extra attention and look twice, even three times, before changing lanes and turning, it is not always easy see motorcycles.

For more safety information please see:

5 Deadly Motorcycle Myths

Ride to Survive: Motorcycle Safety Tips

A Motorist Guide to Motorcycles - Share the Road

Daytona Beach Bike Week 2009 is over but there are still lessons for us all to learn

Daytona Beach Bike Week: A time for extra caution.

Hot Tips for Motorcyclists - Ride Safe This Summer

Buckle - Up! Over the next two weeks and every week!

jmeldon@meldonlaw.com (Blog Author)27503 — Mon, 01 Mar 2010 08:00:00 EST

Over the next two weeks, Florida Highway Patrol (FHP) will be stepping up their "Click it or Ticket" campaign in an effort to get increased compliance with Florida's seat belt law.

This period of increased focus on seat belt use starts today. Sadly, it begins on the day after a tragic car accident in Marion County which killed a 21-year old Micanopy woman and injured two others, one critically. The early Sunday morning accident occurred when the deceased lost control of her vehicle and was ejected out of it after it flipped several times. She was not wearing a seat belt.

As an experienced local accident attorney that has often written about the importance of seat belt use, I praise the FHP for stepping up their crack down on seat belt offenders from now until March 15. I suggest that we all take this time and this tragic loss of life to be reminded to make sure that we buckle up every time we start our vehicle, and that everyone else is properly restrained as well.

Not doing so could cost you more than the $104 ticket. It has been proven - seat belt use saves lives.

Here is more information:

Seat belts - I hate them! Do I have to buckle up in Florida?

What is a "Seat Belt Defense?"

Buckle Up! Odds are it just might save your life

Four Reasons You Should Have Bodily Injury Liability Insurance Coverage

jmeldon@meldonlaw.com (Blog Author)26795 — Tue, 16 Feb 2010 08:00:00 EST

I estimate that less than 25% of today's drivers have adequate Bodily Injury Liability Insurance . The major reason may be because it is not required in the state of Florida, but that doesn't mean you should make yourself a victim.

There are four reasons I believe everyone should have Bodily Injury Liability insurance (BI).

1. It is the right thing to do. If you cause an accident, you should be able to provide monetary compensation to the person(s) you hurt. People often miss work and accumulate piles of medical bills after a car accident. Without BI, you will not be able to cover any damages or medical bills for the other person, which can easily result in a law suit. Remember, the person who is compensated may be a friend of yours who was a passenger in your car when you caused a crash.

2. BI insurance provides an attorney if you are at fault in a car accident and get sued, which can make your difficult situation easier to resolve.

3. BI protects your assets. If you cause an accident and do not have BI you risk a lawsuit and putting your non-homestead assets in jeopardy. However, if you have an adequate amount of BI, most lawyers will settle and will not go after your personal assets.

4. Purchasing BI allows you to have Uninsured/Under-insured Motorist Coverage, which is something of the utmost importance as it protects you and your family when the negligence of others causes serious injury to you or your family.

As an experienced Ocala and Gainesville accident attorney, I strongly suggest and recommend you protect yourself and your family by purchasing an adequate amount of BI-the minimum $10,000 personal injury protection will not even get someone out of the emergency room. I recommend at least $100,000 per person and $300,000 per accident.

Also, beware of inexperienced insurance sales representatives when purchasing an insurance policy. You wouldn't use the internet to treat a medical problem right? Therefore, do not buy insurance online or over the phone. Visit a local experienced insurance agent to ensure you are getting quality advice. You can always shop prices later after you know what insurance coverage you need.

For more information, please see:

Bodily Injury Liability Insurance 101

Is Bodily Injury Liability Insurance required in Florida?

Auto Inurance Coverage: Laws, Recommendations, Factors and Tips for Florida Drivers.

What is Uninsured Motorist Coverage Insurance and why do I need it?

Drivers Aren't the Only Ones Distracted; Pedestrians are too!

jmeldon@meldonlaw.com (Blog Author)26223 — Fri, 05 Feb 2010 08:00:00 EST

For some time I have voiced my opinion about using a cell phone while driving. It's clear and has been proved by the Virginia Tech Transportation Institute that it increases your chance of causing or being in an accident by 23 times!

If that isn't enough to make you put down your phone, then maybe this will:

Recent news has shown that using a cell phone or a device that can distract you- while walking-can also increase your chances of an accident.

Frankly, we can't pay attention to the roads around us, the people next us, the music in our ears, the text we're sending and expect to be aware of oncoming bicycles, cars and/or objects. This is called "inattention blindness." It's what happens when we are looking at something but can't register it in our brains because we are distracted by something else. Basically, we just can't see it.

In the news mentioned above, one study showed that people were so preoccupied; they missed a clown riding a unicycle that was right in front of them! Is it possible you've missed things as you surfed the web on your cell and walked the streets of Gainesville or Ocala? Most likely. So, as an experienced personal injury attorney, who has seen accidents negatively alter people's lives, I ask you to stay safe by focusing on one thing at a time, especially on busy streets!

For more information:

Graphic British Video Unveils the Dangers of Texting Behind the Wheel: A Must-See

Distracted Driving 101

Gorilla in Court

Test Your Awareness: Do The Test

Experienced Personal Injury Attorneys May be able to Prove PIP Insurance Fraud.

jmeldon@meldonlaw.com (Blog Author)25330 — Wed, 20 Jan 2010 08:00:00 EST

The Florida legislature has continued to give the insurance industry more rights in the "PIP Wars" to the point where a consumer will get run over and flattened like a pancake unless they hire an attorney to enforce their rights to obtain the insurance benefits they paid for. Here is the story:

New case law, allows an insurance company to cut off Personal Injury Protection (PIP) benefits without the policy holder ever being examined by the insurance company's doctor.

These recent court decisions make it easier for insurance companies to deny PIP benefits to their policy holders and to show greater profits to the detriment of ordinary citizens who have been seriously injured in car or truck crashes.

Insurance companies have had the right to conduct insurance medical exams carried out by their own "hired guns" since 1972. These doctors, after an "examination" predictably deem the insured has no need for medical care which results in the termination of their benefits.

Lawyers were able to contest these sham independent medical examinations by sending vidographers and by limiting the endless questioning of the injured person that are designed to help the insurance company deny coverage.

This tactic was valuable because, if the insurance company sought to cut off PIP benefits there would be video evidence to present to a judge to prove that the exam was just part of a deceitful business practice by the insurance company held to deny their policy holder benefits they had paid for.

Fortunately, it is possible for experienced personal injury attorneys to prove insurance fraud and get PIP benefits reinstated along with attorney fees and costs.

For more information:
Here are my suggestions on what to do if you find yourself in this predicament.
New PIP Case Law in Florida

Your Vehicle Does Not Have to Look Like This To Be Dangerously Overloaded!

jmeldon@meldonlaw.com (Blog Author)23093 — Tue, 08 Dec 2009 08:00:00 EST

It may surprise you how easily you can put yourself and others at risk by overloading your vehicle. It is easier than you may think to exceed the load capacity limit on your vehicle, even when the vehicle does not appear to be overloaded and you are within your auto's seating capacity. As an accident attorney, I suggest that with the Holiday travel season upon us, now is a good time for all of us to be reminded of this danger and to take the time to find out our vehicle's maximum load capacity.

For example: A Honda Accord has a seating capacity of 5 and a load capacity of 850 pounds. Load capacity includes passengers and all cargo. If all 5 people weighed 150 pounds, that would leave 100 pounds for luggage (20 pounds each) before overloading the vehicle. These facts are something to take into consideration when piling in the car to go to the airport or on a road trip, for the Holidays.

Beware - An overloaded vehicle poses many dangers, here are a few:

Overloaded vehicles:

Are less stable, more difficult to steer and take longer to stop - increasing the risk of roll-overs, rear-enders, and other serious accidents. This also makes responding to emergency road situations much more difficult.
Can cause tires to overheat, leading to blowouts and severe crashes, especially if the tire is under-inflated.
Are unable to accelerate quickly, leading to difficulty in proper judgment when it comes to passing.
Cause brakes to overheat and loose their effectiveness.
May invalidate your auto insurance policy.

Remember: Exceeding permissible weight ratings can result in vehicle damage, accidents, and personal injury. Check your vehicle's load capacity today!

For more information:

Staying Safe If You Overload Your Car

Too Fat For Your Car?

How much weight can my car safely hold?

5 Simple Things You Can Do To Make Your Holiday Road Trip Safer

jmeldon@meldonlaw.com (Blog Author)22343 — Tue, 24 Nov 2009 08:00:00 EST

Thanksgiving holiday, the heaviest 102 hours of the year for roadway travel, officially begins tomorrow at 6:00 p.m. and ends at midnight on Sunday. According to the National Safety Commission, Thanksgiving holiday is historically, not only the biggest travel weekend of the year, it is also the deadliest for drivers and passengers. Many in North Florida will be hitting the roads to visit family and friends. Here are five simple safety tips to make your holiday trip as safe as possible:

1. Avoid blow-outs. Make sure your vehicle is properly maintained and its tires are up for the drive; especially with the car loaded down. Before you leave, check for adequate tread and proper inflation. When was the last time you checked your tires?
2. Pay attention to the road at all times. Avoid driving distractions such as cell phones and texting while behind the wheel. Keep both hands on the wheel, both eyes on the road and pay attention to the road and other drivers. Distracted driving is the leading cause of crashes on the road. Many things on the roads we cannot control, distracted driving is not one of them.
3. Buckle up! Proper use of seat belts and age appropriate safety devices is the number one thing you can do to keep safe in the event of an accident. It is also the law in Florida. Three ways to protect your most precious cargo - your child passenger.
4. Follow the speed limit and keep a safe distance between you and the car ahead of you. Experts recommend the 2 second rule to make sure you have adequate time to come to a stop. Tailgating is a form of aggressive driving. Aggressive driving has been shown to be a factor in at least half of accidents. Four factors to keep in mind when keeping your distance.
5. Avoid driving drowsy and allow plenty of time to reach your destination. Driving sleepy can have the same effect as alcohol. It can decrease awareness, slower reaction time and impair judgment. Make frequent stops to stretch your legs and be realistic about how many hours a day is safe for you to drive and at what time of the day. It just takes a few seconds of nodding off to cause a tragic accident. What you should know about drowsy driving if you are planing a long road trip.

Have a safe Thanksgiving weekend!

Good News - Floridians are now buckling up at more than the national percentage!

jmeldon@meldonlaw.com (Blog Author)20688 — Wed, 28 Oct 2009 08:00:00 EST

A recent press release from the Florida Department of Transportation (FDOT) stated some great news, "....that statewide safety belt use reached a record 85.2% this year following FDOT's 2009 Click It or Ticket safety belt campaign and the passage of the state's primary enforcement law. The national safety belt use rate for 2009 is 84%."

As an accident attorney, I would like to once again applaud Florida's lawmakers and law enforcement organizations for their effectiveness that resulted in this amazing statistical accomplishment.

This is great news for all Floridian's safety and that of our visitors. However, we need to keep up the good work and each and everyone of us need to continue to properly wear our seat belts each and every time we start our engines, no matter how long the trip, and make sure that everyone else in the car does the same! Remember too, our children are watching and learning what we do.

The National Highway Traffic Safety Administration estimates that with passage of the primary safety belt law in June of this year that "Florida will save 124 lives, prevent 1,733 serious injuries, and save $408 million in associated costs each year."

So, Buckle up Florida... it just might save a life and it could be yours or a loved one.

I would also like to remind all parents and caretakers to make sure your young passengers are also buckled up safely, with properly installed and age appropriate safety restraints. Is your most precious cargo buckled up safely?

These are topics that we have written about the importance of many times; here are just a few of our articles:

Buckle up: Odds are it just might save your life.

Reminder: Buckle up or you will get ticketed.

Great News! Seat Belt Use Now a Primary Offense in Florida. Also, A Heads Up...

Primary and Secondary Offenses: Know our rights but stay safe!

Seat belts; I hate them! Do I have to buckle up in Florida?

What is a "seat belt defense"?

Reminder: Always buckle-up, especially on our rural roads!

A Tragic Reminder To: Keep Your Distance, Pay Attention, and Buckle Up!

jmeldon@meldonlaw.com (Blog Author)20303 — Tue, 20 Oct 2009 08:00:00 EST

There was a Tragic and Deadly SUV Accident in Lake City, last month, one that reminds us of some extreemly important road safety topics. Here are the brief details of the crash:

Wesley S. Outlaw was driving his Nissan SUV on I-75, approaching a car driven by Robert J. Nye. Outlaw had to swerve off the road to avoid a rear-end collision with the car. He was unsuccessful in his attempt to avoid the crash, and the left front of his SUV hit the car.

Outlaw then overcorrected to the left and his SUV rolled over several times. Not wearing a seatbelt, he was ejected out of the car onto the highway, and was run over by a GMC Yukon whose driver swerved but could not avoid hitting Mr. Outlaw's body.

Outlaw died instantly from the impact. He was only 24 years old. The drivers and passengers of the other vehicles involved in the accident were not injured.

As an accident lawyer, my heart goes out to all involved in this tragic crash. Could this gruesome accident have been avoided? We may never know, however, there are some important topics to discuss and be reminded of in its aftermath: to drive without distractions, to not tailgate, and to always make sure to buckle up!

Distracted driving is the leading cause of vehicle crashes, some say as high as 80% of accidents are caused by some type of distracted driving, from chatting, texting, etc. Driving requires our full attention. Pay attention to the road and keep both eyes on the road and hands on the wheel.

Tailgating or following too closely is against the law. According to Florida Statute 316.0895, "The driver of a motor vehicle shall not follow another vehicle more closely than is reasonable and prudent, having due regard for the speed of such vehicles and the traffic upon, and the condition of, the highway." Tailgating is a form of aggressive driving; behaviors that are linked to half of all car crashes according to the National Road Safety Foundation and are often accompanied by speeding - a deadly combination. For more information on safe following distances, please see: Four Factors You Should Keep in Mind When Keeping Your Distance.

Remember, wearing a seat belt is the law and one of the most effective things you can do to save your life, reduce your chance of traumatic brain injury, and keep you restrained inside your vehicle to avoid being run over by another vehicle.

Be safe on the road, buckle up, pay attention to the road and give yourself room to stop safely.

Work Zone Safety Is Everyone's Job - A Reminder

jmeldon@meldonlaw.com (Blog Author)19852 — Mon, 12 Oct 2009 08:00:00 EST

Approximately 1,000 people are killed in the country's work and construction zones every year. According to the Florida Department of Transportation, in 2007, there were 11,248 accidents in Florida work zones that resulted in 8,288 injuries and 105 fatalities.

Two recent construction zone accidents were: A woman from Palm Beach charged with DUI manslaughter for killing two construction zone workers, and a Plant City man hurt in a work zone crash apparently caused by his distracted driving (reaching for his medication).

As an accident attorney, I would like to remind everyone about the dangers posed to drivers and workers in construction zones. Here are some facts from the Florida Department of Transportation:

More than 90% of fatalities in construction zones are pedestrians and motorists.
Over 50% of fatal accidents in work zones occur after dark.
In nearly one quarter of construction zone accidents, alcohol or drugs were to blame.
Speeding was the cause of the crash in over 50 % of the time.

Construction zones have reduced speed limits for safety reasons and it is the law to reduce your speed to the limit posted on the sign. Because of the numerous deaths of construction workers caused by inattentive or distracted, or speeding motorists, the fines for speeding and traffic violations are doubled in a construction zone in Florida.

Also, in a construction zone, according to Florida Statutes, every driver must yield the right-of-way to a road worker, a flag person, or a construction/maintenance vehicle.

For more information on how you can do your part in making construction zones safer, please see:
Top 7 Tips for Construction Zone Safety

Reminder - DUI does not always equal a high BAC.

jmeldon@meldonlaw.com (Blog Author)18818 — Wed, 23 Sep 2009 08:00:00 EST

The recent case of a Micanopy woman being charged with DUI manslaughter brings to light something that people often forget - Being charged with DUI does not always mean that a person has consumed alcohol.

DUI stands for "Driving Under the Influence", the charge of DUI does not necessarily imply alcohol consumption. A person can be "under the influence" of legal or illegal drugs, or anything that causes a person's normal facilities to be impaired, including alcohol.

Remember, driving while taking certain prescription or over the counter medications can:

Cause impairment of your ability to operate a motor vehicle,
Result in a DUI arrest and charge,
Result in the same long term consequences as if your BAC (blood alcohol content) was over the legal limit.

What constitutes a DUI charge in Florida?

Classification of Crimes in Florida

Death of Improperly Restrained Children Observed During Baby Safety Month

jmeldon@meldonlaw.com (Blog Author)18827 — Wed, 23 Sep 2009 08:00:00 EST

September 2009 hails Baby Safety month, and the National Highway Traffic Safety Administration (NHTSA) declared September 12-18 National Child Passenger Safety Week.

As an experienced accident and personal injury attorney, I urge parents in North Central Florida to assess child safety in their vehicles during Baby Safety Month. A simple safety seat check can help avoid tragedy and reduce child death-such as those occurring in Marion County last March.

On March 1, 2009, Micanopy resident, Tiffany A. Davis's collided in a head-on accident with another vehicle, resulting in the tragic death of her 2 young children, 3 and 9, and the waist-down paralysis of her third child, 9.

What caused the death of these children? One factor could have been Davis' improper use of child safety restraints (in addition to the Oxycodone, marijuana, and cocaine cocktail present in Davis' system at the time of the crash). Davis has been charged with child neglect with serious bodily injury and DUI Manslaughter.

Davis' crash forces us to face hard facts - 80% of child restraints are used incorrectly (NHTSA).

Could proper use of child restraints have saved Davis' children? We may never know. But we do know how they should have been restrained under Florida law based on their ages.

In the spirit of NHTSA's National Child Passenger Safety Week, Florida's child restraint laws require the following:

Children ages 0 through 3 must be restrained in a crash-tested, federally approved child restraint device (separate carrier);
Children ages 4 through 5 must be restrained in a separate carrier, an integrated child seat, or with a seatbelt;
Children under the age of 18 must be properly restrained by a safety belt or approved child restraint device when riding in a motor vehicle.

So what does this mean? Davis' 3 year old should have been in a federally approved forward-facing car seat. The 9-year olds should have been properly secured by safety belts or in booster seats, if they weighed between 40-80 pounds and measured under 4'9".

The NHTSA reminds us car crashes are the leading cause of death for children from 2 to 14 years old. Plus, head-on collisions are more likely to result in fatalities. Common causes of head-on collisions include crossing the center line-both of which may have been contributing factors.

For more information:

3 Ways to Protect Your Most Precious Cargo - Your Child Passenger

Florida Child Car Seat Requirements Explained

Head on Collisions are the Most Dangerous

It's the Law: The importance of Car Seats

Protect your child on the road - follow the law and be safe

Reminder - DUI does not always equal a high BAC

Medical Mistakes - Is Voluntary Reporting Working in Florida?

blog@www.meldonlaw.com (Blog Author)18814 — Wed, 23 Sep 2009 08:00:00 EST

Experts estimate that in the United States as many as 98,000 people die from preventable medical errors each year. This number is just an estimate as there are no definitive figures.

Why do we not know precisely how many people die from medical mistakes in this country? Good question, as there are laws on the books which require the reporting of medical mistakes to the state agencies that regulate medicine. However, most medical facilities do not comply with the reporting requirement and there is no punishment for failing to report.

In Florida, the Florida Administrative Code, 59A-12.012, requires that within 15 days of an accident causing severe injury or death the medical facility is required to report the incident to the state.

Some large hospitals in Miami have not made such a report in many years. Does that mean that there are no mistakes made at this large medical facility? No.

A voluntary reporting system is dangerous and makes a mockery of our health care system. The medical community claims that voluntary reporting encourages reporting. This has not happened.

As a medical malpractice attorney, I work hard for our clients on medical malpractice cases to do all we can to hold medical practioners accountable for their errors.

Enjoy the Fall weather - 2 things you should know to be safe and legal on your off-road vehicle

jmeldon@meldonlaw.com (Blog Author)18758 — Tue, 22 Sep 2009 08:00:00 EST

As an accident attorney that believes in public education and in the prevention of accidents, I would like to give a heads up regarding off-road motorized vehicles, such as go-karts.

Over the summer there were several tragic accidents that occurred on public lands when go-karts met road vehicles; here are 2 important points to remember for safe and legal off-road vehicle use:

1. Stay off public streets and roads! Operating most off-highway vehicles on public land is against the law. This is due to many reasons, mainly, just as what happened this summer - the likelihood of getting hit by a passing car or a truck and suffering a serious injury or even death is much higher on a public roadway.

2. Wear a safety helmet and protective gear! Remember, drivers under 16 must wear a helmet and eye protection at all times when riding an off-highway vehicle, such as an ATV or a go-kart. Wearing a safety helmet is recommended for everyone, to prevent serious head injury such as traumatic brain injury and may even save your life. Remember, helmets serve as a cushion to protect your head - one of the most vulnerable places in a crash or an accident.

Fall weather will be in the Gainesville and Ocala area soon, a nice time to get out and enjoy the outdoors. If an ATV or another such recreation vehicle is part of your plans, please take a few moments and review the laws regarding your vehicle's operation. Please see:

The ABCs of off-highway and recreational vehicle use: ATVs, go-karts, and golf carts

Florida Legislature Must Act Now To Prevent Deaths Caused By Drivers Who Text

jmeldon@meldonlaw.com (Blog Author)18493 — Thu, 17 Sep 2009 08:00:00 EST

In response to a recent study by the Virginia Tech Transportation Institute, which found that drivers who text are 23 times more likely to cause an accident than those who do not, Congressional leaders have proposed connecting federal highway funds to a ban on texting while driving. This means that those states that do not pass laws making texting behind the wheel illegal in the next two years would lose 25 percent of their annual federal highway money.

As an accident attorney, I would like to encourage Florida's Legislature not to wait until the federal bill is passed, rather, act now! Next session our state's legislature is yet again to consider a bill to make texting while driving illegal. Similar attempts to pass the bill were unsuccessful in the last two years regardless of many accidents caused by the texting drivers in Florida and other states. While the legislators in Florida may agree that texting while driving can be dangerous, they do not seem to realize how many lives the anti-texting law can save. Here is what some of the other states are doing:

Seventeen states have passed anti-texting legislation because accidents caused by texting drivers are numerous and often fatal.
A recent law in Utah punishes those drivers who text and cause an injury or death by up to 15 years in jail and a $10,000 fine to text while driving and cause an injury.
Alaska is the only other state that has even a tougher law against electronic distractions on the road: it is a felony punishable by up to 20 years in prison if a driver causes a fatal accident when a television, video monitor or computer inside the car is in the driver's field of vision. The law applies to phones used for texting. Alaska legislature passed this law in 2007 after an accident in which a driver, distracted by watching a movie on a video monitor in his car, caused a crash in which two people died.
California passed their anti-texting law after an accident in which a train operator was distracted by texting and a commuter train ran a red light, killing 25.
Texas recently passed a law restricting the rights of driver to use cell phones in "active" school zones.

Florida legislature should follow the example of other states by making texting while driving illegal. How can the legislators ignore the fact that using a cell phone while driving is as risky as driving with a .08 blood alcohol level, which is the standard for drunken driving?

For more information, please see:

Graphic British Video Unveils the Dangers of Texting Behind the Wheel: A Must See.

Bad News For Floridians on the Road - Texting and Celling Behind the wheel Remains Legal

Common Driving Distractions

Don't Let Them Longhorns Outshine Us - Here is What You Can Do

The Toughest Law Against Texting While Driving took Effect in Utah

Texting While Driving May Soon Be Illegal in Florida

Texting While Driving... It should be illegal in Florida!

Protect Your Child on the Road - Follow the Law & Be Safe!

jmeldon@meldonlaw.com (Blog Author)18500 — Thu, 17 Sep 2009 08:00:00 EST

In light of the recent accident where a van crashed into a concrete wall with 11 unbuckled children on-board, I would like to remind all drivers, that child safety seats and booster seats must be used to ensure children's safety and to be in compliance with the law. Though, the National Child Passenger Safety Week is drawing to an end, drivers must never forget that all children are required by law, even in vans, to be properly restrained in motor vehicles. Here are some recommendations to protect your children in a vehicle:

Choose a car seat or a booster seat that fits your child.

Infant seats are designed for infants up to the age of one and up to the weight of 20 lbs. It must face the back of the car, not the front.
A child car seat is required for a child up to the age of three and is recommended for use up to the age of five for a child who weighs 21 to 40 lbs. It may be placed in the front or back, and it may face the front of the car.
A booster seat should be used for a child who weighs 40 to 100 pounds. It lifts a child up, so that a seat belt can be positioned properly for a child who is too small to sit in a regular car seat.

Additionally, it is recommended that children younger than 13 should ride in the back seat with a seat belt. And, it is the law that all children under 18 must buckle up.

Properly install a car seat or a booster seat.

The Florida Department of Highway Safety and Motor Vehicles reports that 80% of all child safety seats in the country are improperly installed. You can attend a car seat check event where those who are certified in child safety seat installation will help you install or check if the car seat is properly installed. You can call (866) SEAT CHECK for the nearest location. Or visit Safe Kids of North Central Florida to schedule your free check.

Have your child ride in the back seat.

Although not required, it is recommended that a child rides in the back of a vehicle. While, front seat air bags save lives, they may be dangerous for children under the age of 12 because they are shorter than adults. Since air bags inflate in less than 1/25^th of a second, which is faster than a blinking eye, this force can strike a child in the neck, causing serious injury.

Continue to constantly educate yourself about the Florida laws on child safety, carefully read car seat instructions and never leave children unattended or unsupervised in a vehicle. Following these simple rules will help protect your most precious cargo - your child.

For more information, please see:

3 Ways to Protect Your Most Precious Cargo - Your Child Passenger

Is your most precious cargo buckled up safely?

Make Sure Your Child's Car Seat is Installed Correctly

It's the Law: The Importance of Car Seats

Florida Law Regarding Child Safety Seats and Adult Seat belt Use - Do You Know What It Says?

Graphic British Video Unveils the Dangers of Texting Behind the Wheel: A Must-See

jmeldon@meldonlaw.com (Blog Author)18114 — Wed, 09 Sep 2009 08:00:00 EST

A short film about the dangers of texting while driving has been produced in Wales. The film realistically portrays the terrifying details of a staged crash caused by a teenager texting behind the wheel. The video is graphic, but strong imagery is needed to stop the dangerous and common activity of text messaging while driving. This video is a powerful deterrent and should make anyone think twice about texting while operating a motor vehicle. As an accident attorney, I suggest you watch it and also share the link with others. It just might save a life.

Know the facts!

A driver who is traveling at a speed of 45 mph is traveling at 66 ft per second. This means that a driver who looks at a cell phone for just 2 seconds has traveled 132 feet (66 ft x 2 sec) during those two seconds without looking at a road.
The average text message takes a driver's attention away from the road for 4.6 out of every 6 seconds. This is the equivalent of driving the length of a football field at 55 mph without looking at the road!
Drivers who text are 23 times more likely to cause an accident than drivers who do not text.
Studies show that texting behind the wheel is far more dangerous than drunk driving.

There are over 14 million licensed drivers in Florida with thousands of new licenses issued each year. Each of those drivers should know that texting behind the wheel is as irresponsible as drunk driving and can have tragic outcomes. Just a few seconds may forever change your life and the lives of others.

Remember:
Driving a car or truck or any motor vehicle safely requires: both hands on the wheel, both eyes on the road and your mind paying attention to the road and the other vehicles and pedistrians on the road.

For more information, see:

Bad news for Floridians on the road - texting and celling behind the wheel remains legal
Common Driving Distractions
Don't let them Longhorns outshine us - here is what you can do today

Marion County Bicyclist Survives Wrong Way Crash-Avoid This Common Collision Scenario

jmeldon@meldonlaw.com (Blog Author)17925 — Thu, 03 Sep 2009 08:00:00 EST

A Marion County bicyclist, who last week survived a head-on car accident while riding against the flow of traffic, is a reminder that cyclists must - "drive their bikes" and ride with the flow of traffic.

According to the Ocala Star Banner report, Miguel A. Almedia, 46, was riding his bicycle eastbound on the westbound lane of S.R. 200. After making a complete stop at a four-way stop sign, Michael L. Rogers, 56, a motorist of Ocala, completed a right turn onto S.R. 200, failing to see Almedia.

Roger's car crashed head-on into Almedia's front bike tire. Almedia was thrown onto the roadway and suffered non-fatal head injuries.

It appears the bicyclist, committed a potentially lethal cycling error-the "Wrong Way Wallop" (Wallop). The Florida Bicycle Association (FBA) refers to the Wallop as a common collision caused by preventable, illegal cycling.

The Wallop occurs when a cyclist is riding against the flow of traffic and gets hit by a crossing or turning motorist. Basically-the cyclist is riding the wrong way on the street.

One California study shows that cyclists riding against the flow of traffic are 3.6 times more likely to get in a car accident. The risk increases by 6.6 times for cyclists under the age of 17.

To cycle safer, the FBA recommends riding with the flow of traffic. Motorists normally scan for traffic traveling in the lawful direction. Wrong-way traffic is easily overlooked. Not only is this smart advice-it's the law.

As an accident lawyer, I can say, while cyclists have a right of way on the road, they must obey Florida's motor traffic laws. Although no "bike license" is required, cyclists must "drive their bike" and follow the rules of the road.

Interestingly, although Almedia violated the law by riding in the wrong direction, Florida Highway Patrol issued a citation to Rogers for failing to yield the right of way. Likely, this is a case of comparative negligence.

For More Information:

Avoid a Bicycle Accident--Adult Safety Tips

Bicyclists-know the Law and Stay Alive

For other common crash scenarios visit, Florida Bicycle Associaton's, Understanding common crash types and how to prevent them

Is your most precious cargo buckled up safely?

jmeldon@meldonlaw.com (Blog Author)17933 — Thu, 03 Sep 2009 08:00:00 EST

The National Highway Safety Traffic Administration (NHTSA) reports that 4 out of 5 kids (80%) are improperly restrained. So, how can you be sure?

September 12-18, 2009, is National Child Passenger Safety Week, and it highlights Baby Safety Month. As an experienced accident attorney in North Central Florida, I join the NHTSA in challenging parents to check out their child's safety seat on National Seat Check Saturday and to follow their recommendations for keeping their child passengers safe at all times.

Schedule your inspection with Safe Kids of North Central Florida on National Seat Check Saturday, September 12, 2009, from 9:00 am to 11:30 am at Jonesville Fire Station no. 17.

The NHTSA reminds parents there are four steps for kid safety as they grow:

Rear-facing car seat;
Forward-facing car seat;
Booster seat; and
Safety belt restraint.

Expectant parents are urged to install a rear-facing seat at least 3 weeks before their babies' due date - the hospital won't let you go home without one.

Restrain and buckle up your children properly and do it every time, on every ride!

For More Information:
3 Ways To Protect Your Most Precious Cargo - Your Child Passenger

It's the Law: The importance of Car Seats

NHTSA National Child Passenger Safety Week: September 12-18, 2009

Several Recent Fatal Pedestrian Accidents in Ocala Raise Concern About Pedestrian Safety on Day One of the New School Year; Here is Why:

jmeldon@meldonlaw.com (Blog Author)17346 — Mon, 24 Aug 2009 08:00:00 EST

Recent fatal accidents raise concerns about pedestrians not being cautious when crossing the road. As schools start off their new school year today all over Alachua County, as an accident attorney, I would like to say to all pedestrians - please, be safe! Here is why:

Accidents involving a person on-foot and a vehicle are often fatal and can cause serious injury. In fact, pedestrian accidents are one of the most fatal types of accidents along with head-on collisions, roll-over accidents and bicycle accidents.

According to the National Safety Commission, Florida has the 2^nd highest pedestrian fatality rate for our population in the country, behind DC and above New Mexico. Nationwide, pedestrian fatalities make up 11% of all traffic fatalities, with approximately 4,600 pedestrian deaths and 70,000 injuries per year.

With this in mind, I wrote an article explaining the pedestrian rules of the road that might save your life or prevent you from suffering serious injuries, please see: Rules of the Road for Pedestrians in Florida; What Every Walker Should Know To Be Safe and Legal.

Have a great new school year and walk safely!

Helmet Use Might Save Your Life

jmeldon@meldonlaw.com (Blog Author)17083 — Tue, 18 Aug 2009 08:00:00 EST

In light of the recent motorcyclists fatalities in Gainesville and Ocala, as an accident attorney, I would like to remind bikers that wearing a helmet decreases the severity of injuries, likelihood of death, and cost of medical care in crashes involving a motorcycle.

The first motorcycle helmet law in the world was passed in 1961 in Australia. In the United States, the Highway Safety Act was amended in 1976 to remove sanctions against the states that do not have the motorcycle helmet laws. The National Highway Traffic Safety Administration (NHTSA) and the American College of Emergency Physicians, an association which supports quality of emergency care, estimate that the states with the motorcycle helmet laws have lower number of traffic fatalities, since the helmets reduce the likelihood of death by 37 percent.

Because a motorcycle is not enclosed like a car, it leaves its rider more vulnerable to severe injuries and even death from the impact with another vehicle or from being thrown out of the motorcycle. Also, due to its small size, a motorcycle is less visible to the other drivers on the road, thus, once again, it leaves its rider more vulnerable to being hit. Helmets decrease the severity of injuries that the motorcyclists, being more prone to crash injuries, may suffer. They cushion and protect the motorcyclist's head from the impact of a crash, reducing the likelihood of a serious head injury or death.

In Florida, those under 21 must wear helmets when riding a motorcycle. Those 21 years old and older may ride without a helmet but only if they have at least $10,000 of medical insurance coverage. The NHTSA found that for two years after 2000, when the Florida helmet law was changed to exempt motorcyclists 21 and over from wearing the helmets, the motorcyclist fatalities per 10,000 motorcycle registrations increased by 21 percent. According to the NHTSA, this change in law has also increased the hospital admissions of riders with head, brain and skull injuries by 82 percent. The average cost of treating such injuries is $40,000, and the medical insurance requirement of $10,000 covers only one fourth of the cost for the motorcyclists who choose to ride without a helmet.

Regardless of whether you have the medical insurance coverage or not, wear a helmet! Do not disregard the possibility that you might be involved in a traffic accident. Wearing a helmet might not only reduce your injuries, but might also save your life. And that cannot be disregarded.

For more information:
What Do I look for in purchasing a motorcycle helmet

If you are going to ride free; protect yourself with adequate insurance

Hot tips for motorcycle riders; ride safe this summer

A motorists guide to motorcycles - share the road

Blown tire said to be the cause of fatal accident on I-10!

jmeldon@meldonlaw.com (Blog Author)16761 — Wed, 12 Aug 2009 08:00:00 EST

A woman was tragically killed and her husband seriously injured on I-10 in Suwannee County, near Live Oak, last Thursday afternoon, through apparently no fault of their own.

The cause of the fatal accident, according to the Florida Highway Patrol (FHP), was a blown tire on the pick-up truck traveling in the adjacent lane. This is what the FHP said the chain of events was that caused the accident:

When the left front tire of the Ford F250 blew, the driver lost control of the pick-up and it veered left into the next lane, crashing into a car and sending that car into the path of a Mach truck heading in the opposite direction, killing a woman from Virginia who was the passenger in the car and seriously injuring her husband who was driving the car.

As an accident lawyer, my heart goes out to the family and friends of Shirley and Joseph Ricks, who apparently despite doing nothing wrong, even wearing their seatbelts, had their lives changed forever in a split second. What is the lesson that we can learn from this terrible tragedy?

Most importantly, that this is another reminder for each and every one of us to routinely check our tires once a month.

Sadly, what occurred on I-10 last week is a typical tire blow-out scenario... a tire blows on the freeway while going at high speeds, the driver then looses control of the vehicle, and crashes ensue.

Some things that we can do to prevent a blow-out on our vehicles are outlined in this article.

Be safe and make sure to check your tires monthly, it just might save your life or another's life.

Reminder: Always buckle-up, especially on our rural roads!

jmeldon@meldonlaw.com (Blog Author)16671 — Mon, 10 Aug 2009 08:00:00 EST

Last Monday evening outside of Belleview, on County Road 25, two cars collided, leaving an 18 year-old, pick-up truck driver, in a coma with multiple serious injuries, and the other victim still in the hospital.

Our hearts and sympathies go out to the families of these young men. As an accident lawyer, I would like to take this time to remind everyone again to always buckle up and to be extra safe out there on the rural roads that surround Gainesville and Ocala.

There is no way to know if the driver of the pick-up that reportedly veered into the incoming lane, and who was not wearing his seat belt at the time of the crash, could have had a less severe outcome if he had been buckled up. However, statistics show that seat belts, when worn properly, decrease severe injuries by 50 % and are the number one thing you can do to prevent Traumatic Brain Injuries .

Additionally, rural two-lane highways in the Southeast are the largest and most deadly class of roads. Another statistic of interest here is that 75% of crash deaths and injuries occur within 25 miles of home and more than half of all injury-producing motor vehicle crashes involve low speeds under 40 m.p.h.. So, even if you think that you are going "just down the road" and going slowly, you still need to buckle up!

Please be careful out there and buckle-up!

And always remember to avoid distracted driving, keep: 2 hands on the wheel, 2 eyes on the road, and pay attention to driving.

Deadly SUV roll-over accident - could it have been prevented?

jmeldon@meldonlaw.com (Blog Author)16419 — Wed, 05 Aug 2009 08:00:00 EST

Yesterday morning a tragic SUV roll-over accident occurred on I-75 in Columbia County that killed 2 and critically injured 2 others. The cause for the SUV to go off the road, hit the guardrail and then roll-over, causing the vehicle's roof to severely crush is under investigation.

Roll over accidents are terrifying and account for only 2% of accidents, but account for 33% of all the deaths from accidents in the country, according to the National Highway Traffic Safety Association (NHTSA), with SUVs, vans and pick-ups being the most prone to roll-over.

On April 30^th, 2009, the NHTSA sent a press release stating that the U.S. Department of Transportation is doubling the standard for roof strength for light weight vehicles. The current standard requires roofs to hold 1.5 times the weight of the vehicle for vehicles weighing up to 6,000 pounds.

As a personal injury lawyer, I believe this is a good start, however, the new standard for making a vehicle's roof be able to withstand 3 times the weight of the vehicle does not even begin to be phased in until 2012 and won't affect all vehicles untill the 2017 model year, which means that we have at least 3 to 9 more years of potentially dangerous vehicles on the road. If this standard had been initiated years ago when the risks of roll-overs with certain vehicles was known, I can't help but wonder, could this fatal tragedy have been prevented?

In this accident, all were buckled up, but the force on the roof was so substantial to the 2000 Ford SUV that it was crushed down. It is very important to know the risks and prevention of roll-over accidents and that the most important safety factor is to wear a seat belt to prevent being ejected from a vehicle that is rolling over.

I am glad that soon there will be safer roof standards; I just wish these needed standards could have been enacted sooner; it just may have helped this family returning home from vacation.

Tragedy in Alachua and a Reminder To Us All.

jmeldon@meldonlaw.com (Blog Author)16359 — Tue, 04 Aug 2009 08:00:00 EST

Last night tragedy occurred in Alachua at the intersection of Hwy 441 and I-75, when a motor home driver, who was cited for violation of right away, turned in front of a motorcycle, killing the driver of the bike and leaving his passenger in critical condition.

As an accident attorney and friend of the deceased, I would like to send my sincerest sympathy to Elmo Moser's family and his many friends.

I would also like to take this time to remind everyone on the road to take precautions and expect the unexpected and to not just twice but three times, before turning or changing lanes; take the extra time required to look for motorcycles, bicyclists, pedestrians, scooters, small cars, etc.

I am sure the driver of the motor home had no intention of hurting anyone when she began her turn on to the Interstate. However, statistics are that the majority of motorcycle crashes are with vehicles whose drivers' state, "I just never saw them".

No one wants to experience a tragedy like this whether you are the victim or the driver at fault. So, please everyone, don't just look twice, but three times, and look for the smaller that vehicles that are often hard to see that we share the road with.

For more information:
Local chef killed in Monday night motorcycle crash

Choosing Your Doctor....Tips-Part One

blog@www.meldonlaw.com (Blog Author)16339 — Tue, 04 Aug 2009 08:00:00 EST

Doctors come in all levels of skills, quality of training, and commitment to their job. To exemplify this point let me tell you a story. When I was working for the Agency for Health Care Administration, I heard the chairman of the Florida Board of Medicine say to a group of people:

"10% of the doctors are good and actually help their patients. 10% of the doctors are not good and are dangerous. The remaining 80% of the doctors will neither help nor hurt you.

How can you be sure your doctor is a good doctor who is in the 10% who actually help their patients?

Here is Tip #1: You can go to the Florida Department of Health Website under the licensed professionals section. Here you will find lots of information about your doctor. You can learn where he or she went to medical school, where they completed residency training, whether he or she is board certified and whether they have had disciplinary action taken against his or her medical license.

After this go to your circuit court clerk's website. Do a case search for your doctor. Has he been sued? If so get a copy of the complaint in the civil case. This will tell you much about what it is alleged that the doctor did wrong. What happened to the case? Was it settled? Was the case tried before a jury? What was the verdict?

This is just a beginning. More to come about the best ways to go about selecting your doctor.

Vehicle vs. wildlife - reminders for all of us.

jmeldon@meldonlaw.com (Blog Author)16172 — Fri, 31 Jul 2009 08:00:00 EST

A woman and her son were lucky when they encountered a 130 pound deer on the road near Panama City yesterday and they escaped with only minor injuries; however, unfortunately for the deer the accident was fatal as it crashed into the vehicle's windshield.

What can all of us in Alachua and Marion Counties and the surrounding rural areas learn from this encounter? As a personal injury lawyer, I can say that there are a few important things for all of us to be reminded of by this accident.

First, you never know what is up ahead of you on the road, so it is very important to always be prepared; both hands on the wheel, both eyes on the road, your mind on your driving, and follow the speed limits. One can only imagine that there may have been a quite different outcome to the story had the driver been driving distracted by texting, celling, or some other form of multitasking at the time the deer presented itself in their path.

Another important point, and one that I have written on before is that deer do not carry insurance to cover your injuries if you are in hurt in an accident with one, which as we all know is common place in these parts of Florida. Hopefully, the driver of the vehicle that hit the deer had at least the minimum insurance required in Florida ($10,000 of PIP and $10,000 of property damage to cover damage to the other person's vehicle if you are at fault in an accident), if so, then her PIP coverage would allow them to recover 80% of their medical expenses from the crash (up to $10,000), but they would not have any insurance to cover any damages to their car - this is where collision insurance comes into play. So, make sure to protect yourself with adequate insurance, here are my recommendations.

Lastly, this is a good time for us to be reminded to always buckle up, and make sure all your passengers do as well. This couple was extremely lucky; often encounters with wildlife can result in loss of control of the vehicle, resulting in major injuries and even death to the humans as well as the unlucky wildlife.

In summary. always buckle up, follow the speed limit and pay attention with both hands on the wheel, both eyes on the road and your mind on the task at hand - driving! And make sure you protect yourself, family and your passengers by carrying adequate insurance.

Lesson for auto drivers to be learned from the I-75 semi pile-up crash.

jmeldon@meldonlaw.com (Blog Author)16125 — Thu, 30 Jul 2009 08:00:00 EST

Chain reaction auto accidents are a scary reality for travelers.

In the blink of an eye, a simple fender bender can turn into a multi-car pile up and a complete lock-up on the highway. Most Recently on July 13th a tractor-trailer driver fell asleep at the wheel, ran into the highway guardrail and triggered a series of accidents on Interstate 75 in the Gainesville area.

Upon striking the guardrail, the tractor-trailer flipped and threw debris, including its axel, across the road. A second tractor-trailer struck the axel of the first, causing the second semi to also hit the guardrail and further litter the interstate with debris.

The Florida Highway Patrol reported that the accident also triggered subsequent crashes caused by drivers watching the tractor-trailer smash remains instead of the road.

What lesson can we learn by such an incident? As an accident lawyer serving Gainesville and the surrounding areas, I believe this accident can serve as a warning to drivers on three important points:

Drivers should always make sure that they are in the proper state of mind for driving; meaning drivers need to be alert, rested and sober (and cell phones off).
Drivers must make sure to be aware of road conditions at all times, by keeping both hands on the wheel and both eyes on the road at all times while maintaining the proper speed and attention to do so. Drivers can never be sure that the road ahead is clear of debris nor what unexpected event lies ahead of them.
Drivers should avoid watching the remnants of auto accidents, (rubber-necking) but rather focus on driving their vehicles safely.

By remembering these simple rules, many of the chain-reaction auto accidents that frequent Interstate 75 could be avoided.

For more information:
Common Driving Distractions

Couldn't technology be put to better use than making our roadways less safe?

jmeldon@meldonlaw.com (Blog Author)15819 — Sat, 25 Jul 2009 08:00:00 EST

Like cell phone usage and texting while driving, the introduction of Wi-Fi in vehicles promises to add to the laundry list of driver distractions, likely adding to the number of traffic accidents caused by inattention to the road, while multitasking.

Celling and texting while driving, has become one of the leading causes of traffic accidents in the United States, causing concern from many state legislatures. In Florida, the call for change has not been heard yet, as bills introduced to ban cell phone usage while driving have been heard by a deaf ear, and turned down by the Florida Legislature.

It has been shown that celling while driving is the equivalent to driving under the influence and makes you 4x's more likely to cause a crash....hands-free vs hand-held; it makes no difference, as it is a brain thing, not a hand-eye coordination problem that creates the risk.

Now, we will be able to surf the internet from our laptops while driving! As a long time accident attorney, I must say, this is not the type of technology our roadways and vehicles need. Rather than use innovation to create a safer environment in cars, car manufacturers are now developing a further distraction, adding to the growing number of focus diverters and dangers technology has to offer drivers.

Introducing the internet to drivers not only provides information from inside the vehicle (vs outside, on the road, where drivers eyes and minds should be), it encourages drivers to surf the internet, an activity which takes both hands and almost complete attention by the driver. In addition, I can visualize a driver balancing the laptop with one knee, while driving with the other knee, while using their hands to help balance the PC and to search for a signal, and to type, while just glancing at the road now and then... and what happens when the laptop becomes unbalanced and falls, and they lean over to grab it...?

Now, drivers can not only talk on the phone and text, but they can also check the latest blog and respond, write on their friend's wall on Facebook, and check who was voted off of American Idol the previous night, all before getting to the office or home.

Just as we need to get MADD about cell phone usage while driving, we also need to discourage adding to the list of driver distractions, that keep eyes and focus off the road and hands off the wheel.

Adding Wi-Fi to cars? ... Just not a good use of technology!

For more information:
We Don't Have To Wait For it to be law to turn off the call phone while driving.

"Driving Distractions 101"

When was the last time you checked your tires?

jmeldon@meldonlaw.com (Blog Author)15560 — Mon, 20 Jul 2009 08:00:00 EST

This is the time to check your tires, before loading up the car and heading on vacation down the hot Interstate.

We have all seen the remanents of blown tires littering the roadway, we have read about serious car accidents due to tire blow-outs, but, have we checked out tires this month? As an accident lawyer, I recommend you take a few minutes and do so, here is the info:

BANG! The sound is enough to make you lose control of your car, however, the danger is only beginning once the tire blows. A tire blow-out and the ensuing rapid deflation that occurs is dangerous because it happens so quickly, without any warning, causing loss of control of the vehicle, which combined with high speeds, can lead to flipping or other serious accident situations, injuries and fatalities.

Tire separation can be due to a manufacturer's defect, however, for the most part they can be avoided with regular care and maintenance.

Here are some suggestions for proper care of your tires or prevention of a blow-out:

Check your tire pressure at least once a month. Do not over or under-inflate, keep them filled to the manufacture's recommendations. Under-inflataed tires can heat up, leading to a blow-out, as well increase the wear on the tire and money spent at the gas pump. (Tire pressure gauges are inexpensive.)
If you hit a curb, run over debris in the road, or have other impact damage to your tires, have them checked ASAP. A blow-out can occur immediately after impact damage or it can be delayed.
Avoid bald or worn tires. Check the tread: Insert a penny, head down, between the tire treads, if the tread does not cover a part of Lincoln's head, it is time for new tires.
Stay current with any recalls regarding your tires.
Do not overload your vehicle.

If you should encounter a blow-out here are some suggestions:

Don't panic, avoid sudden breaking, but rather, accelerate slightly, keep the steering wheel straight and firm, or slightly "counter-steer" in the opposite direction that the blow-out is causing, to keep in the lane. Once under control, break slowly and get well off the road.

Also: When driving, it is very important to keep both hands on the wheel at all times, so that you can be better prepared to deal with any emergency that may arise on the road, including a tire blow-out.

When was the last time you checked your tires?

For More information:

How to Check Tire Pressure and Inflate tires

Care and Feeing of Tires

What should I look for when checking my tires? Gainesville accident attorney answers.

Take the time to remind your teens to buckle up.

jmeldon@meldonlaw.com (Blog Author)15425 — Thu, 16 Jul 2009 08:00:00 EST

Now that summer vacation is in full swing in Gainesville and the surrounding areas, this is a good time to take a moment and remind our teens of what Tom Solberg told a group of his son's former classmates at Newberry High School about the importance of buckling up.

His son, Richard Jaggers, was one of four students from Newberry High who were killed in a car accident last year. Richard was thrown out of the car during the accident, as he was not wearing a seat belt.

Tom Solberg told the students in his address last spring that buckling up is "an act that takes only a second to perform, an act that if not done could end your life in seconds." His remarks coincided with a campaign to erect signs at high schools around Alachua County which urge students to buckle up.

As an accident attorney with over thirty years of experience, I think we should follow Tom Solberg's lead and impress upon the young people in our lives what tragic things can happen if they don't use their safety belts.

As Mr. Solberg stated so clearly, "Make the right decision, Wear your seat belt... Always".

Alachua County sheriff, Sadie Darnell also addressed the Newberry High students saying, "traffic crashes are the #1 killer of teens. Driving is the most dangerous thing most of you will do in your lives".

Take the time to remind your Teens to Buckle up, whether they are driving or a passenger, and make sure you are setting a good example and wearing your seatbelt and make sure also everyone else in your car does as well. Remember, it is the law as well as a life safeing habit.

For more information:

Risk Factors Teens Bring to the Road

National Safety Commission Alert

Drunk Driving Can Change Your Life Forever

jmeldon@meldonlaw.com (Blog Author)14942 — Tue, 07 Jul 2009 08:00:00 EST

Imagine: You are having fun at a party. You've had a few beers, celebrating after your last exam, maybe even had a shot with friends. You are having a good time, but, now it's time to go home. You think you feel fine enough to drive and do not want to take a cab. It's decision time. Do you drink and drive? What could it hurt, you are not going far?

The answer: It could hurt you and those around you. Driving drunk not only affects your own safety but the safety of passengers and other drivers on the road. In 2006, according to the National Highway Traffic Administration (NHTSA), 41% of traffic accident fatalities were caused by drunk drivers.

Example: On June 26, 2009, Alachua County Deputy Cynthia Johnson was struck by an apparently drunk driver head on and is lucky to be alive after sustaining bone-crushing injuries to her legs as a result of the collision. The drunk driver and passenger were also injured.

Heads up: If you drink and drive and cause serious injury to another, the penalties are much harsher and if convicted can result in prison time, loss of license and a life time felony charge. In short, they can change your life forever!

Good news is: Drunk driving accidents are 100% preventable!. There are other options than driving drunk,

Help to prevent accidents such as the one that injured Deputy Johnson and make the roads, yourself and friends safer by finding another way home (and make sure your friends do too), if you (or they) have been drinking and are considering driving.

For more information:

What am I facing with a dui arrest in Gainesville?

The DUI- Conviction penalties in Alachua County

Marion County has yet another serious car accident, this one with a fatality.

jmeldon@meldonlaw.com (Blog Author)14854 — Mon, 06 Jul 2009 08:00:00 EST

In Reddick, a Palm Harbor woman died on I-75 Saturday June 27th in the afternoon when the pickup she was riding in was struck by an SUV also northbound that crossed into it's lane. According to the Gainesville Sun's report, the pickup truck was found on its roof and its driver, 44-year-old Karl M. Blagg, of Hudson, was transported to Shands at University of Florida in critical condition.

As a personal injury lawyer, my heart goes out to these victims and their families. We often wonder if an accident like this could possibly have been avoided... by using turn signals, observing any blind spots before switching lanes, and avoiding distractions, however, the evidence is still under investigation and we may never know, but these are important things to be reminded of in this type of accident.

(Something else to note here as well is that the driver of the SUV was wearing a seatbelt and was not injured; however, officials did not know whether Blagg or his passenger were buckled up.)

Despite this tragedy, Marion County is actually one of the safer counties of its size in North Central Florida for motorists.

An analysis of the latest traffic accident statistics from Florida Department of Highway Safety and Motor Vehicles shows that with the exception of Lake County, Marion County has the lowest accident rate per person for those area counties with a population exceeding 200,000 people.

While there are about 11.95 accidents for every 1,000 people in Marion County, Alachua County leads the area with 17.59 accidents, using the latest U.S. Census population estimates.

More unbuckled teens injured in on rural roads.

jmeldon@meldonlaw.com (Blog Author)14588 — Wed, 01 Jul 2009 08:00:00 EST

Recently, 4 teens from Levy county were serioulsy injured when their pick-up truck rolled, ejecting two teens, on a Levy County Road, when the driver, trying to avoid a dictch, lost control of the vehicle, none were wearing seatbelts.

Our hearts go out to the families of these young children that were just out for a day of swimming and fun.

A similar tragic accident occurred in Suwannee County a week prior to this accident that injured 5 unbuckled teens when their vehicle hit loose sand and then a tree.

The similarities in these two accidents are easy to see: rural roads, lots of teens in a car and no seatbelt use. This is a common theme and one we have bloged about before.

As a local accident attorney I can say, that these 9 children were lucky, as crashes are the leading cause of death for teens in Florida and across the country.

I would like to encourage parents to have frequent serious talks with their young drivers about road safety, especially in this day and age of all types of distractions from cell phones, I-pods, and texting. In addition, rural roads, of which we have plenty of around Gainesville and throughout North Florida, are a mcuh more dangerous roadway, and also a common place for teens to pile into a vehicle and ignore their seatbelts.

Additionally, teens are at a higher risk for risky behavior and for not following the law and in fact are the highest risk drivers, not only because of their lack of experience but also because of their still developing brains resulting in poorer judgement than that of a 20 year old.

I would also like to recommend a new interactive website put out by the Department of Highway Safety and Motor Vehicles called, Drive With Care. This site has valuable safety information for both teens and parents and also discusses Florida's new Graduated Driver Licensing Laws. The National Safety Council also has a downloadable teen driving information and guide.

Be safe, buckle up, obey the law, and have a safe summer.

For more information:

Rural Driving Dangers and no Seatbelts Result in Injured Suwannee Teens

Teens - Buckle Up Its The Law

Deadly Rural Driving: Safety Belts Save Lives

Rural Teen Drivers Are At a Higher Risk

Risk Factors Teens Bring to The Road

One Video Says it All!

Reminder: Buckle up or you will get ticketed.

jmeldon@meldonlaw.com (Blog Author)14445 — Mon, 29 Jun 2009 08:00:00 EST

Tomorrow, Tuesday June 30^th, if you do not fasten your seat belt you can be stopped and ticketed by the police in Florida. The new ruling which makes not buckling up a primary offense, goes into effect tomorrow.

In short, this means that tomorrow, you can be stopped by the police just for not wearing your seat belt, there does not need to be any other traffic violation for the stop. In the past, the officer could only ticket you if they had stopped you for another violation such as speeding.

The law states that every passenger under 18 must be properly restrained with a seat belt or age relevant child safety restraint. Front seat passengers over 18 are required to buckle up. As an experienced accident attorney serving Gainesville and the surrounding areas, I recommend back seat adult passengers, though not required by law to buckle up, to buckle up as well!

The facts are clear, seat belts save lives.

Here is more information on the subject:

Great news, seat belt use now a primary offense in Florida

Seat Belt use now a primary offense in Florida

Rural Driving Dangers and no Seatbelts Result in Injured Suwannee Teens

jmeldon@meldonlaw.com (Blog Author)14447 — Mon, 29 Jun 2009 08:00:00 EST

Tragic accidents such as the recent Suwannee County crash, where five unbuckled local teens were injured brings to light the dangers associated with rural driving and the importance of seat belts.

As an accident attorney for over 30 years I know that rural roads carry characteristics that urban roads do not, creating more dangers for all drivers, especially those who do not wear seat belts.

Characteristics associated with rural roads that separate them from urban streets, making them more dangerous for drivers failing to wear seat belts include the following:

1. Lack of accurate mapping of the area: Many times, GPS mapping and other methods of finding your way on the road can be inaccurate for rural, less-travelled roads and can lead to the unknown for drivers.

2. No shoulder or guard rails: On tight turns, shoulders and guard rails can be essential to stopping car accidents from getting more serious. In rural areas, these sometimes do not exist, making seat belt usage and careful driving even more important.

3. Narrow roads and blind curves: Having narrow roads and blind curves makes it difficult to pass safely on two-lane, rural roads. Although it may be tempting to pass the slower-moving driver ahead, it is not safe if you do not have a complete visual on the road in front of you.

4. Obstacles: Like the loose sand patch that caused the recent teen accident in Suwannee County, obstacles in the road can be more dangerous and unexpected in rural areas. Animals are also obsticales and can be extremely dangerous to drivers as they dart into the road, causing accidents.

5. Rough or damaged road: Oftentimes, rural roads can fall by the wayside when repair is needed since they are not within the urban limits where officials can see the road and its damage. However, this damage can lead to accidents, making seat belts very important.

Remember: Seat belts save lives, and although it has been the law in Florida for many years, it is now a primary offense in Florida.

Rural teen drivers are at higher risk

Great news, seat belt use now a primary offense in Florida

Seat Belt use now a primary offense in Florida

Buckle up: Odds are it just might save your life.

jmeldon@meldonlaw.com (Blog Author)14458 — Mon, 29 Jun 2009 08:00:00 EST

We reported about a head-on collision that killed one person recently near Ocala and sent two to the hospital. One startling fact that from this news item that should stand out to any safety-minded motorist: the motorists who survived the accident had buckled up, while the motorist who died had not.

Would the outcome have been different if all had been buckled up? We will never know. We extend our deepest sympathy to the family of the victim, and on the day before seat belt use becomes a primary offense in Florida, and as an accident attorney that has often bloged about the importance of safety belt use, I would like to once again, encourage everyone to buckle up.

According to a report by James Madison University, the simple fact is that 60% to 70% of people who died in car accidents could have been saved had they buckled up.

The numbers don't lie: not wearing a safety belt is a losing bet in an auto accident. The next time you take to the road, please take care to buckle up, odds are on your favor, it just might save your life.

Roll-overs - Know the Risks and Prevention

jmeldon@meldonlaw.com (Blog Author)13903 — Thu, 18 Jun 2009 08:00:00 EST

Recently and tragically, a Gainesville man died when his SUV rolled over near Ocala. As an accident attorney that has seen the results of these accidents, I want to give warning to SUV drivers on the dangers of roll over accidents and also some tips on how to possibly prevent one. Here is the info:

More than a third of all fatal sports utility vehicle accidents in 2003 were the result of roll over accidents, according to National Highway Traffic Safety Administration.

But by the time motorists hit their local highways and roadways, it may be too late to reduce risks of rollover accidents with SUVS or other lighter vehicles.

In fact, drivers must be aware of two risk factors for rollover accidents before leaving the showroom floor. Two constants that most affect rollovers are the vehicle's wheel base - the distance between the right and left tires - and its center of gravity, the point at which a vehicle would balance evenly if turned upright lengthwise. For more information. The higher the center of gravity and narrower of the wheel base the greater likelihood of a rollover crash.

Motorists may be able to find out the rollover rating of their vehicles on this site. Even following a purchase, motorists should still be aware of their car's rollover rating to know of the potential risks.

Steps motorists can take independent of purchasing another vehicle include: not overloading vehicles, placing heaviest objects as low as possible, avoiding drastic wheel maneuvers, and always wearing seatbelts, for more ideas on how to prevent a roll over accident, this is an informative site.

Be safe out there, and always buckle up!

Aggressive Driving Special Patrol Alert

jmeldon@meldonlaw.com (Blog Author)13804 — Wed, 17 Jun 2009 08:00:00 EST

On Wednesday, June 17, deputies from the Alachua County Sheriff's Office and troopers from the Florida Highway Patrol will be conducting intensive patrols along I-75 to ticket aggressive drivers. The patrols are scheduled during the work day between the hours of 7 a.m. and 3 p.m. As an accident attorney with over thirty years of experience representing victims of accidents in Gainesville and the surrounding areas, I recommend that drivers use extreme caution while traveling on I-75, today, tomorrow and every day!

I-75 in Alachua County has been the scene of many accidents and the emphasis by law enforcement to crack down on aggressive driving in this area is easy to understand and I applaud them in their efforts to make our roads a safer place for residents and our visitors.

Florida Statute 316.1923 describes Aggressive Driving as committing two or more of the following acts at the same time or one after the other:

1) Exceeding the speed limit by 15 m.p.h. or more
2) Unsafely or improperly changing lanes
3) Following too closely behind another vehicle
4) Not yielding the right-of-way
5) Improperly passing a vehicle
6) Violating traffic control and signal devices

Be safe out there - aggressive driving has been shown to be responsible for up to four times as many deaths on the roads and highways as driving under the influence (DUI), 2/3rds of all vehicle fatalities each year!

For more information on aggressive driving.

Heads up - Give Yourself Some Time and Space.

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Heads Up: Give Yourself Some Time and Space!

jmeldon@meldonlaw.com (Blog Author)13807 — Wed, 17 Jun 2009 08:00:00 EST

Recently, a car accident occurred in Gilchrist County that may have been caused by one car following another too closely or possibly by some type of distraction, the facts are not in yet, however, whatever the cause, apparently, when one car slowed to make a turn the car behind it did not. It is always tragic when this type of accident happens, and as a local accident lawyer I would like to discuss the issue of following too closely, which is an important topic especially in this day and age.

The problem is that it is extremely important that drivers maintain a safe distance between cars because following too closely can result in an accident even if the following driver is paying attention to the actions of the vehicle ahead -- let alone when the following driver is distracted, by celling, texting, and all of the distractions and stresses of the modern day world.

One of the most common accidents that can result from following too closely is when the car ahead slows to turn, as occurred on State Road 20 last week. Besides giving adequate stopping time, an appropriate following distance affords drivers more time to make well-planned decisions, scan the sides of the road, and view the vehicle immediately in front; in short - take defensive actions.

The DOT recommends that when driving below 40 mph, drivers should leave at least one second for every 10 feet of vehicle length. For speeds over 40 mph, you should leave one additional second. In adverse conditions, drivers should double their following interval.

Protect yourself and others by maintaining a safe distance between you and the car in front of you.

Save tailgating for Gator football weekends!

For more information on what is currently recommended for safe following distances

Another informative site

Aggressive Driving Special Patrol Alert

Despite Tragedy - Facts Show, Seatbelts Do Save Lives.

jmeldon@meldonlaw.com (Blog Author)13742 — Tue, 16 Jun 2009 08:00:00 EST

A 67-year-old man was ejected out of his car while apparently wearing a seatbelt in an afternoon crash Saturday in Fellowship, Fla. The Ocala Star Banner reported that Stuart D. Kushner, of Gainesville, died after his SUV overturned in a two-vehicle accident on U.S. 27.

Three others in the SUV who reportedly were also wearing seatbelts, were transported to area hospitals and were reported in stable condition. Our hearts go out to the Kushner family for their loss and tragedy.

Despite stories such as this, as an accident attorney, I would like to say that seatbelts are effective and do save lives. According to a James Madison University report, serious injuries are decreased by 50% by properly buckling up and of the thousands of people who die in motor vehicle crashes 60% to 70% would have been saved if they wore seat belts.

However, there is the occasional story you hear from a friend or on the news about seatbelts malfunctioning, or being installed incorrectly, or, in some cases, resulting in death, in addition, they are not 100% effective, even when used and installed properly. However, when worn and installed properly, the data is in and it clearly shows that seatbelts are one of the most effective safety precautions motorists and passengers can take! In addition, it is the law.

Please, make sure to always buckle up!

Remember, motorists can increase safety belt usage by example and verbal reminders. Nine out of 10 people buckle up when asked, according to the James Madison University study.

For more information:

I hate seatbelts, do I have to wear them?

Stopped Semi Truck Results in Fatal Accident in Bradford County

jmeldon@meldonlaw.com (Blog Author)13746 — Tue, 16 Jun 2009 08:00:00 EST

John Funderburk, 55, of Keystone Heights was killed after striking a semi-truck with his pick-up in Starke last Wednesday, June 10, 2009. The semi had been stopped on U.S. 301 so the driver could visit a fruit stand along the side of the road.

Funderburk was wearing his seat belt when he struck the back of the 2003 semi-truck, but sustained fatal injuries.

As a local accident attorney, with the information that I have on this accident, and being that the Florida Highway Patrol have not yet charged anyone in the fatal accident and an investigation is underway, I would just like to say again, sometimes tragedy does happen even with seatbelt use, my heart goes out to his family.

Also, Florida is full of Interstates. Interstates are full of big trucks. Semi-trucks travel Florida's main roads quite frequently, making them a common neighbor for interstate and highway drivers.

The lesson: drive carefully with semi-trucks. Do not follow too close and be on alert for lane changes they may have to make. Passing large trucks can be tricky, especially on two-lane, rural roads, so this must be done with extreme caution. Do not tailgate large trucks. Stay a safe distance back to be able to make lane changes or brake if they should stop suddenly.

I am not sure if this advice would have helped Mr. Funderburk, but maybe it could possibly help someone else.

Be safe out there and Buckle Up!

For more information on Florida safety laws for pick-up truck drivers

Teens - Buckle up... Its the Law

jmeldon@meldonlaw.com (Blog Author)13686 — Mon, 15 Jun 2009 08:00:00 EST

As an accident attorney serving Alachua and its outlying counties, I have seen my share of tragic accident fatalities-many of which may have been prevented if motorists buckled up. My heart goes out to Ms. Walker and her family, who was the victim of a crash that died recently in a Columbia County accident. Particulary concerning to me is her teenage passengers, that survived although none were buckled up. I feel it is important to take this oppurtunity and talk about a subject that I feel very passionate about - the use of seatbelts!

First of all, Florida law requires all passengers under the age of 18 to wear their safety belt.

Also of note, according to a May 2009 National Hightway Traffic Safety Administration (NHTSA) report, teenagers often believe they are immune to accident fatality.

The NHTSA is extremely concerned for teenage vehicle occupants. In 2007, 4,540 teenagers, age 16 to 20, were killed. Of that number, approximately 55% failed to wear their safety belts at the time of their fatal crash (or 2,502). Nighttime seat belt use drops even further-nearly 65% of the teen demographic killed at night failed to buckle up. For more information .

This tragic accident also follows passage of a new Florida law, scheduled to go into effect on June 30, 2009, permitting Law Enforcement to treat a motorist's failure to wear their safety belt as a primary offense.

Buckle up! Safety Belts Save Lives!

For more Information:

http://www.meldonlaw.com/blog/deadly-rural-driving-safety-belts-save-lives.cfm

http://www.meldonlaw.com/faqs/seat-belts-i-hate-them-do-i-have-to-buckle-up-nbsp.cfm

Why you and your family are safer today than they were 80 years ago. Tort Reform Part IV

blog@www.meldonlaw.com (Blog Author)13689 — Mon, 15 Jun 2009 08:00:00 EST

Eighty years ago there was very little corporate accountability. When people were maimed or killed they had to look to family and neighbors for support. Serious injuries caused by defective products was many times more common than it is today. Was it fair for corporations to make vast amounts of money yet not be accountable for the harm it caused? The courts said no. Everyone is supposed to pay their own way so-to-speak and that should apply to corporations like railroads, steel mills, and utility companies. The corporations were getting a free ride. The courts helped to put a stop to this irresponsible behavior.

The courts began developing a body of case law around 1920 that institutionalized fairness for those injured by defective products and by negligent acts of corporations. One important outcome of this was that society became safer. Railroads, traffic lights, medicine and automobiles just to name a few began a series of risk management procedures to improve safety and reduce risk. The same is true in the practice of medicine. Why did it take the court's rulings to make this happen? Very simple; liability encourages responsibility. Corporations pay attention to the bottom line. If a defective product causes the corporation to lose money then it will stop making the product or make the product safe.

For More Information On Tort Reform:

Part I

Part II

Part III

Danger in the Walls?

jmeldon@meldonlaw.com (Blog Author)13421 — Tue, 09 Jun 2009 08:00:00 EST

Imagine sitting in your home, and suddenly your television stops working. Three weeks later, you find yourself replacing your refrigerator. The air condition repairman has been to your house three times in the past month, replacing the copper coils over and over. You get random bloody noses and you constantly have a sinus headache and infection. You're sick of being sick!

Chinese drywall can possibly be the cause of these problems. Although expert studies have not been conducted to show the results of the drywall in homes throughout Florida and the United States, homeowners have independently complained about similar health problems and electronic issues in their homes and they all have one commonality: Chinese drywall being used in their home.

Lawsuits are popping up all over the state, suing builders, manufacturers, and distributors, but so far nothing has been done. Awareness of the problems associated with Chinese drywall is being created through webpages such as Chinese Drywall.com where homeowners can go to see what exactly the drywall is and how they can tell if it is in their home.

The idea that builders sought out cheaper and more easily accessed drywall options during the housing boom is not the issue. However, did they know about the dangers associated with the drywall? Did they place it in the homes anyway? These are the important issues. Government studies are currently being conducted to answer these very questions.

Contact an experienced Florida attorney to help you through this challenging and horrific experience, if you believe Chinese drywall is in your home.

For more information:

How Do I know if Chinese Drywall is in my home?
What do I do if Chinese Drywall is in my home?
Some Facts and Information about Chinese Drywall
The Controversy over Chinese Drywall

Ride Safe this Summer

jmeldon@meldonlaw.com (Blog Author)13436 — Tue, 09 Jun 2009 08:00:00 EST

While the Florida summer is perfect for cruising on your bike, keep safety in mind, especially when "riding free" in the heat. As an experienced accident attorney with nearly 38 years of experience, representing pople injured in motorcycle crashes, I have seen the tragic consequences of the legislature's repeal of the Florida helmet law in 2000.

Statistics show that the number of motorcyclists killed in crashes has drastically increased from 158 deaths in 1998 to 517 fatalities in 2007. In fact, motorcycle accidents accounted for 17.1% of all vehicle-related deaths in 2007.

While a helmet is not required for adult motorcyclists, I do recommend you wear one. It is interesting to note that Florida's apparent rise in motorcycle fatalities mirrors a national trend in rider deaths. One study shows that the number of riders killed nationwide in motorcycle accidents rose 50% between 1997 and 2001-which some explain by less stringent helmet laws for adult riders in Florida and neighboring states.

While motorcyclists who are 21 years of age and older can choose to "ride free," it is even more critical to follow these simple safety tips when cruising this summer. The National Safety Commission recommends that riders brush up on their riding skills when dusting off their bike for the summer riding season.

See my recommendations for motorcycle insurance and protect yourself now more than ever: Motorcycle riders need to protect themselves now more than ever!

For more information:

Hot Tips for Motorcyclists - Ride Safe this Summer
A Motorists Guide to Motorcycles - Share the Road

Good News - On-line ATV Safety Classes.... Have a Safe Summer!

jmeldon@meldonlaw.com (Blog Author)13363 — Mon, 08 Jun 2009 08:00:00 EST

Good news, ATV riders of all ages can now sign up for an inexpensive ATV safety course at www.atvsafety.org or by calling 1-800-887-2887.

School's out for the summer, and many Alachua County residents are heading out to the woods on their ATVs. While a trip through the trees on a four wheeler may sound like good clean fun, remember that riding without a helmet can be extremely dangerous.

ATV's are a popular way to enjoy the rural landscape. However, as an accident attorney that has seen the devastating effects of Off-Road Vehicle accidents, I can say that, among other forms of vehicular injury, few are more gruesome than ATV accidents. Head injury and nervous system damage are among the most common results of these accidents. Although there are many factors that can contribute to ATV accidents, the best way to minimize the risk of serious injury and/or death is by wearing a helmet!

Accidents on ATVs are common and can range from minor personal injuries to fractures, mangled extremities, and death. Also, serious injuries and death to children are growing increasingly common.

Although most people see ATVs as grown up toys, many parents allow their children to ride vehicles that are too large for them to handle. Tragically, it is also a common sight to see two children riding an ATV and without helmets.

To play it safe, it is recommended that all ATV riders:

wear helmets and protective eye ware,
never double up on a vehicle designed for one rider,
never ride on public roads,
never use drugs or drink alcohol before riding, and
ride an ATV that is appropriate for their size and age.

I highly recommend that you sign up for the ATV Safety Institute's ATV Rider Safety Courses today and learn more!

Enjoy a safe summer and ride safely!

Alcohol and Motorcycles Don't Mix

jmeldon@meldonlaw.com (Blog Author)13120 — Tue, 02 Jun 2009 08:00:00 EST

The dangers of drinking and driving do not just apply to driving cars. Driving a motorcycle while impaired by alcohol can have just as much if not more of a devastating impact as driving a car. The death of motorcycle rider, Mark Wiggins from Micanopy who was killed in Palatka and suspected of being under the influence is a reminder to us all of the dangers associated with drinking and driving a motorcycle.

We all know that drinking and driving do not mix. We see the signs, know the statistics, and probably know someone who was injured in an alcohol related accident. After all, alcohol is the leading cause of traffic fatalities in the United States, according to the National Highway Traffic Administration.

IMPACT, a program by the Minnesota Motorcycle Safety Center, has developed methods for police officers to tell if a motorcycle driver is impaired by alcohol. Signs such as trouble with balancing when stopped or when attempting to dismount, trouble with turns such as drifting and sudden movements to correct mistakes, and inattention while driving have become leading indicators that the driver has been drinking.

Riding a motorcycle can be an exhilarating experience, but it also takes coordination, focus, attention, and skill. As a motorcycle accident attorney I strongly recommend that a biker does not muddy these necessities with alcohol.

Be smart. Don't drink and drive a car or a motorcycle!

Bicycle Safety Awareness Month, May 2009--6-year old cyclist survives Collision with FedEx 18-wheeler

jmeldon@meldonlaw.com (Blog Author)13129 — Tue, 02 Jun 2009 08:00:00 EST

As a personal injury lawyer with 38 years of experience, I am concerned for child bike safety, since child cyclists are "drivers" and are responsible for knowing and following state and local traffic law. Cycling can put kids in dangerous situations, face-to-face with nearly 100,000 pounds of semi truck and busy rush-hour traffic-sometimes, with devastating effects.

The May 2009 FedEx tractor trailer crash involving a 6-year-old child cyclist is a miraculous exception. The boy astonishingly survived an 18-wheeler collision while riding his bike on a sidewalk. The collision highlights May 2009 as Bicycle Safety Awareness Month and the importance of wearing a properly fitted helmet. While the boy dodged death as the semi passed over him, it seems sheer luck that he received only non-life threatening head and facial injuries since-he failed to wear a helmet, as required by Florida law.

Florida law states that children under 16 years old are required to wear a properly fitted helmet when "driving" a bike or riding as passenger. Wearing a helmet is not only the law but may reduce the risk of severe head and brain injuries by 85% to 88%. While the boy was lucky, his bike was not. The truck dragged the mangled bike beneath its tires for nearly a half mile.

Not only did the boy fail to wear a helmet, his bike reportedly had no brakes-another law violation. Florida law requires that all bikes must be equipped with properly functioning brakes. It is possible the child simultaneously was unable to stop at the stop-sign intersection, and the truck was unaware of the small cyclist as it made a right turn out of a busy shopping plaza.

The National Safety Commission reports that a common cause of accidents is low visibility of cyclists and pedestrians in high congestion areas. Motor vehicle drivers simply fail to notice pedestrians and bikers-sometimes because of dark colored clothing or bad weather. Examining pictures taken shortly after the accident, it appears rain may have been a contributing factor to the FedEx crash.

Legally, it is important to note that a parent may not knowingly allow a child to fail to comply with Florida bicycle laws-such as not having working brakes or not wearing a helmet. It is also interesting that failure to wear a helmet is not a reason a bike accident victim can be found contributory negligent or at fault, meaning it is not a reason the reduce damages for the victim in a civil suit.

It is also important that the 6-year-old crash victim was apparently following the National Highway Traffic Safety Association's (NHTSA) recommendations in riding on the sidewalk. The NHTSA recommends that children 10 year of age and younger ride only on the sidewalk due to maturity levels and inability to fully understand and follow traffic laws.

Taking safety precautions with child cyclists is especially vital in Florida-since Florida outranks all other states in bicyclist fatalities, nationwide, according the Florida Bicycle Association. The National Safety Commission explains that Florida has high tourism rates and a long-lasting warm weather season, making outdoor activities like biking especially attractive.

In 2007, 24 % (or 10,000) bicyclists nationwide, who were injured in motor vehicle accidents, were children 14 years or younger, according to the NHTSA's Traffic Safety Facts 2007: children. Children-specifically young boys-are especially vulnerable "drivers" and should always wear a helmet.

For more information:

Child Cyclists and Motor Vehicles - Safety Tips to Save a Child's Life

Semi's and Bicycles generally a deadly combination - Know the law and teach bicycle safety to your children

Bicyclists - Know the Law and Stay Alive

Pick-up Drivers: Be Safe and Buckle up!

jmeldon@meldonlaw.com (Blog Author)13076 — Mon, 01 Jun 2009 08:00:00 EST

The tragic pick-up truck wreck last week of an Interlachen resident, follows kick off of a national "Click it or Tick it" campaign set to run during May 2009. National ads will increase awareness of seatbelt use as the single most effective, life-saving device for motorists and their passengers.

A recent U.S. Department of Transportation study projects that if safety belt use rose to 90%, then approximately 1,652 lives could be saved annually and an additional 22,372 serious traffic related injuries could be avoided on the nation's roadways each year.

In 2008, the national average seat belt use rate was estimated at 83%, meaning that one out of every five Americans fails to buckle up.

As an experienced accident lawyer covering Putnam County, to me, Holland's death also emphasizes the deadly risks involved with rural driving, especially after dark, and the often fatal habits of pick-up drivers in failing to buckle up.

Pick up drivers: Be Safe and Buckle up, and remember it is the law!

Seat belt Use Now A Primary Offense in Florida

Know The Law About Pickup Trucks and Buckle Up

Deadly Rural Driving - Safety Belts Save Lives

Fatal Single Car Crash - No Safety Belt and On a Rural Road After Dark

Semi's and Bicycles generally a deadly combination... Know the laws and teach bicycle safety to your children!

jmeldon@meldonlaw.com (Blog Author)13025 — Sat, 30 May 2009 08:00:00 EST

Lemarcus Rayford was extremely lucky in his encounter with the FedEx truck in Gainesville last week; however, this is usually not the case when a bicycle and semi meet on the road. I would like to suggest that parents take this time to discuss simple safety tips with your children and review the traffic laws regarding bicycles... It just may save their lives.

As an experienced personal injury lawyer, I have seen my share of tragic bicycle accidents - many of which could have been prevented. It is vital for motor vehicle operators, bicyclists, children, and parents of child cyclists to know the law about bicycles and save lives.

Florida outranks all other states in bicycle deaths nationwide, according to the Florida Bicycle Association. In 2007, 3.8% of all Florida traffic fatalities were bicycle drivers, totaling 121 statewide deaths, according to Florida Department of Highway Safety and Motor Vehicles Traffic Crash report (2007). Plus, 4,347 bicyclists and passengers were injured in traffic collisions.

Additionally, children are especially vulnerable to bicycle accidents. A properly fitted helmet can reduce the risk of a head injury by 85 %, according to the NHTSA. Plus, more children ages 5 to 14 visit the emergency room for bike accidents than any other sport-many of these injuries involve the head and brain.

Know the laws and teach bicycle safety to your children.

For More Information:

Bicyclists - Know the Law and Stay Alive

Bicyclists, 6, Survives FedEX tractor Trailor Crash

Safety Tips to Save a Child's Life

O'Brien woman charged with Vehicular Homicide-justified or over-zealous?

jmeldon@meldonlaw.com (Blog Author)12990 — Fri, 29 May 2009 08:00:00 EST

At first glance, vehicular homicide charges resulting from a single vehicle accident involving a 25-year old O'Brien driver and the death of her 11-year-old passenger may appear overly harsh.

Should a driver receive criminal charges when a passenger in their own vehicle is accidently killed?

Upon closer analysis, vehicular homicide charges may be justified because Sallas recklessly failed to restrain her child passengers according to Florida's Safety Belt Law.

Nicole Sallas, who was driving a 2003 Pontiac SUV, crashed into a tree on a Suwannee County road, killing her 11-year-old passenger on January 10, 2009, according to the Suwannee Democrat.

The 11-year-old passenger, Alyssa Jones, was riding unrestrained in the front seat when the vehicle overturned and ejected Jones before striking a tree. Tragically, Jones, who was in 5^th grade, was pronounced dead at the scene.

Not only was Jones riding unrestrained in the front seat, but two other child passengers, under the age of 3, were reportedly improperly restrained and received only minor injuries in the crash.

According to Florida's Safety Belt Law, each passenger under the age of 18 must be restrained with an age appropriate seat belt or child restraint device. Specifically, Florida law prohibits operating a motor vehicle when a person under the age of 18 is unrestrained and seated in the front passenger seat. (F.S. 316.614(2008))

The bottom line-if a child passenger is improperly restrained and subsequently killed in a car crash, even if the child is your passenger, then you, the driver, may be charged with vehicular homicide.

O-Brien Driver Surrenders on charges of Vehicular homicide-one child dead

Vehicular Homicide-what is it and what needs to be proven

Vehicular Homicide Illustrated

Vehicular Homicide-what is it and what needs to be proven.

jmeldon@meldonlaw.com (Blog Author)12992 — Fri, 29 May 2009 08:00:00 EST

Florida law states that vehicular homicide, a 2^nd (or 1^st) degree felony, is the killing of another human caused by operation of a motor vehicle in a reckless manner that is likely to cause death or great bodily injury to the victim. (F.S. 781.072(2008))

A 2^nd degree felony conviction may carry a sentence of:

Up to 15 years imprisonment;
$10,000 in fines;
120 community service hours in a hospital that serves victims of car accidents; and
Damages resulting from a companion civil action.

The State Attorney may charge a driver with one of three separate offenses resulting from a fatality caused by a motor vehicle accident:

1. Manslaughter by culpable negligence;
2. Vehicular homicide; or
3. DUI manslaughter.

Vehicular homicide requires that the prosecution prove that the driver operated their vehicle with a reckless, willful, or wanton disregard for safety. Reckless driving is an element of the crime, and the State must prove more than failure to use care. The standard is greater than simple negligence required to prove DUI manslaughter and a lesser offense than manslaughter by culpable negligence. (71 Dec. Fla. BJ 46 (1997))

The prosecution's choice of charges may depend on how strong they think their case is. Interestingly, as a local accident lawyer, I have seen that the severity of sentencing may depend on how sympathetic the victim appears-including being young, female, pregnant, and having no criminal history.

For more information:
O-Brian Woman Charged with Vehicular Homicide - justified or ever-zealous?

Vehicular Homicide Charge in Florida - What does it mean?

Vehicular Homocide Illustrated

Great News! Seat Belt Use Now A Primary Offense in Florida. Also, A Heads Up...

jmeldon@meldonlaw.com (Blog Author)12771 — Tue, 26 May 2009 08:00:00 EST

Governor Crist signed a bill this month which will allow police officers to pull over Florida drivers solely for not buckling their seat belts starting June 30th, 2009. This means that not wearing a seatbelt will be a primary offense, vs. a secondary offense as it had been, meaning that the driver previously had to have been stopped for another violation, such as speeding.

Wearing seat belts saves lives, as research has proven that people are 45% less likely to be fatally injured in a car accident if they are properly buckled up. As an auto accident attorney in Ocala, Gainesville and the surrounding areas, that has seen the devastating effects of crashes involving serious injuries due to not wearing a seat belts, I applaud Governor Crist's actions. It took a 20-year battle to get it done, and I am glad that it has finally been passed.

Bottom line, is this law will save lives. And, it also brings in about $35 million in federal grants for the state; money that will help with necessary transportation projects statewide.

A heads up: While the nonmoving violation for not buckling up still only comes with fine of only $30, there are many other expenses and offenses that could be incurred from the stop. For example, it is not uncommon for the police to discover other crimes in addition to not wearing a seatbelt at the time of the stop, such as driving with a suspended license, DUI, drugs, weapons, etc.

Great news and Heads up!

For more information on seat belts:

http://www.meldonlaw.com/news/seat-belt-use-now-primary-offense-in-florida.cfm

http://www.meldonlaw.com/faqs/what-is-the-latest-news-on-wearing-a-seat-belt-in-alachua-county-can-i-be-pulled-over-for-not-we.cfm

http://www.meldonlaw.com/faqs/seat-belts-i-hate-them-do-i-have-to-buckle-up-nbsp.cfm

http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=Ch0316/Sec614.HTM

http://www.dmvflorida.org/seat-belt-laws.shtml

http://www.nhtsa.dot.gov/people/injury/airbags/RuralCrashes/pages/CriticalNeed.htm

Dog Bites on The Rise

jmeldon@meldonlaw.com (Blog Author)12216 — Tue, 19 May 2009 08:00:00 EST

Dog bites can be a major public health concern and potentially life threatening or even fatal-resulting in maiming of extremities or serious facial damage. Because these attacks can be fatal, it is important to know that dog bites are on the rise locally.

The Bradford County Health Department recently reported that since January 2009, more than 40 dog bites have been documented-which is unusually high.

As an experienced personal injury attorney who has helped victims of dog bites get justice and get compensation for injuries, I have seen the devastating effects of these attacks-many of which are unprovoked and involve friends, family, and even the family dog.

It is interesting to note that the local rise in dog bites appears to mirror a national trend in increasing numbers of attacks and dog homicides nationwide in the past 20 years.

It also appears that Florida was one of the top five deadliest states for dog bite related fatalities in 2007, trailing Texas, Georgia, and Tennessee, even though Florida imposes strict liability for dog bites.

Children are especially vulnerable to attacks-more than half of dog bite victims with serious injuries are kids-most of whom are bitten in the face. Shockingly, more than 1,000 people are treated in emergency rooms for dog bites every day.

Dog bites can have major financial implications. These attacks cost insurers $365.2 million in 2007, which was a 10.5 percent increase from the previous year.

While it is important to remember that any dog can become deadly-the breeds considered the most fatal are Pitt bulls and Rottweilers-accounting for 74% of attacks in one study.

For more statistics about dog bites, please visit www.dogbitelaw.com.

For more information:

What could happen if my dog bites someone?

Bad News for Floridians on the Road: Texting and Celling Behind the Wheel Remains Legal

jmeldon@meldonlaw.com (Blog Author)11936 — Wed, 13 May 2009 08:00:00 EST

Bills that would have prohibited cell phone use including texting while driving have hit a wall in the Florida's legislature, according to the Gainesville Sun. This means that these dangerous activities that contribute to four times more accidents than other contributing factors will remain legal in Florida for the near future.

Cell phone usage while driving has led to numerous accidents and deaths throughout the United States, including a local bus accident in Ocala last September. Several states, including California, New York, and Washington, have banned hand-held cell phone usage while driving and ten states have banned texting while driving as well.

Bans on cell phones and texting while driving have been a hot topic in over 40 states, including Florida. However, multiple Bills to ban the dangerous activities while driving have failed in Florida's Legislature this year, with the focus being on the budget rather than on Bills that would make our Florida roads safer.

Cell phones are the number one cause of driver inattention and thus posing a serious danger on the roads in Florida. It is common place to see drivers talking on cell phones as they drive, and now with the defeat of the Bills that could have eliminated the danger; this problem will likely not go away.

However, with safety agencies such as the National Safety Council focusing its efforts to draw attention to the dangers behind cell phone usage while driving, legislatures like those here in Florida will not be able to ignore the issue for long.

For More Information:

National Safety Council calls for a nationwide ban on cell phone use while driving.

Bills to limit cell phone use while driving hit dead ends

Driving and Texting; A Combination Deadlier Than Drinking and Driving, Hopefully, Will Become Illegal Soon In Florida.

We don't have to wait for it to be law to turn off the cell phone while driving!

We need to get MADD about driving and cell phone use!

Beware: Deer Do Not Carry Insurance!

jmeldon@meldonlaw.com (Blog Author)11721 — Thu, 07 May 2009 08:00:00 EST

Recently, an amazing statistic came across my desk. Based on insurance claims, drivers hit an average of 1.5 million deer per year in America according to the Insurance Institute for Highway Safety.

Many of us that live in Alachua County and the rural surrounding areas have seen the results of car vs. deer by the road-side or have experienced hitting a deer personally.

As a local Gainesville personal injury lawyer (accident attorney) I just want to say, beware... deer do not carry insurance. That being said, if you have only the minimal required insurance to drive a vehicle in the state of Florida, you will be out of luck if you hit a deer and your injuries and medical bills total more than $10,000 and/or if your car is in need of repair.

This is because, the required insurance in Florida is $10,000 of PIP and $10,000 of property damage to cover the other person's car or truck damage if you are at fault in an accident. This will not pay for the repairs to your vehicle after an "encounter" with a deer if you are driving down the road and one jumps out in front of you and you hit it and it causes damages to your vehicle. The repair costs will come out of your pocket.

I recommend that you protect yourself with full coverage. Here are my insurance recommendations to be protected from deer, for peace of mind and for anything that comes across your path on the road.

Take a Breath and Relax

jmeldon@meldonlaw.com (Blog Author)11664 — Wed, 06 May 2009 08:00:00 EST

It's 5:05. You have just left a busy day at work and you are now stuck in traffic. You have a million things to do tonight. First on the list is making dinner, followed closely by cleaning the house, getting ready for your in-laws to come this weekend, and helping the kids with their homework. You have no idea how you're going to get this all done, especially with traffic being so bad. You are stressed enough and then someone cuts you off. You get upset and just want to get home.

As an auto accident lawyer and driver, I suggest.....Breathe! Traffic is a fact of life for all of us. However, it can also lead to a higher risk of heart attack and stroke. A study recently done by the National Safety Commission found that the stress levels that result from sitting in heavy and frustrating traffic situations can lead to an increased risk of having a heart attack.

The Commission recommends some steps to help reduce your level of stress when driving to counteract your stress level. First, turn on the air in your car and close the windows. This will reduce the level of harmful fumes from entering your car and affecting your body in negative ways. The constant airflow will also help your stress level.

Second, acknowledge that traffic can lead to stressful situations and try not to succumb to the pressures of the road. Take a deep breath and go with the flow. You know that you will get to your destination eventually.

Third, know the warning signs of heart attacks and get regular check-ups from your doctor. Regardless of the level of stress in your life, it is always a good idea to know the signs and know that your body is in good shape.

For more information:

http://www.nationalsafetycommission.com/alerts/2009/04/driving-in-traffic-increases-risk-of.php.

Increased Health Risks in Heavy Traffic Conditions.

Make Sure Your Child's Car Seat is Installed Correctly

jmeldon@meldonlaw.com (Blog Author)11617 — Tue, 05 May 2009 08:00:00 EST

Proper use of a car seat can determine whether an infant survives a motor vehicle accident-and four out five car seats are incorrectly installed.

Happily, the Chipresgarcia family got it right Tuesday, April 21, 2009, when a truck collided with their SUV in Ft. Meyers. The horrifying crash left their SUV upside down, but their rear-facing car seat was correctly installed in the back seat, saving their 1-year-old infant's life.

Many pediatricians now recommend new car seat standards for infants, requiring that children up to two years of age be secured in rear-facing seats, designed to support up to 50 lbs.

To be a lifesaver, follow these simple car seat safety tips:

Schedule a car seat safety check with Safe Kids North Central Florida, (352) 231-4636, and have your car seat properly installed by a specialized technician. Parents who attend a free one-hour Safe Kids car seat safety course, regularly scheduled in Gainesville, Fort White, Old Town, and Live Oak, are eligible to receive a reduced-cost car seat for $45 or a booster for $20. Those receiving public benefits may purchase a car seat for $20.
Avoid a second-hand seat, if you do not know its crash history. A car seat should be discarded after it has been involved in a car accident.
Check car seat recalls with the U.S. Consumer Product Safety Commission.
Verify your car seat's safety ratings with the National Highway Traffic Safety Administration.

For more information:
Its The Law: The Importance of Car Seats

Rural Teen Drivers Are At Higher Risk

jmeldon@meldonlaw.com (Blog Author)11473 — Thu, 30 Apr 2009 08:00:00 EST

As an experienced Clay County accident attorney, it appears both teens were in violation of Florida's Safety Belt Law, in the recent pick-up truck accidenet near Green Cove Springs on S.R. 17; Nettles, the driver, failed to wear his seatbelt and Buckhalter, under 18 years of age, rode unrestrained in the bed of the pick-up truck.

Florida law requires the driver and any front seat passenger under the age of 18 to wear a safety belt. Additionally, minors under 18 years of age are required to wear a safety belt-no matter where they ride in a vehicle.

Not only are teen drivers ages 15 to 19 more likely than any other age group to be involved in a motor vehicle accident, but rural pick-up drivers are less likely to comply with safety belt laws. Although Nettles and Buckhalter fall into both high risk categories, violation of safety belt laws continues to be merely a secondary offense.

For More Information Please See:

Deadly Rural Driving: Safety Belts Save Lives
Risk Factors Teens Bring To The Road
Know The Law About Pick-up Trucks and Buckle Up

Deadly Rural Driving: Safety Belts Save Lives

jmeldon@meldonlaw.com (Blog Author)11474 — Thu, 30 Apr 2009 08:00:00 EST

Rural two-lane highways in the Southeast are the largest and most deadly class of roads. The fatality rate for rural crashes is more than twice the fatality rate of urban crashes, according to the National Highway Traffic Safety Administration (NHTSA).

In light of the recent Green Cove Springs accident where two teens were ejected out of a pick-up truck, and as a Gainesville accident attorney with 38 years of experience with personal injury law, I am especially concerned for the safety of rural drivers in North Central Florida. Our rural communities are at risk.

It is wise to be aware of the many factors, identified by the NHTSA and other studies, that make rural driving especially deadly:

More vehicle miles travelled in rural areas due to greater distance between destinations;
Less access to public transportation;
Increased likelihood of travelling at speeds greater than 55 mph;
Rural roads have more bends and curves than urban roads;
Greater wooded areas increase chances a driver may hit a tree;
Night driving poses greater risks due to lack of adequate lighting;
It takes twice as long for EMS to arrive at the scene of a rural crash (19 compared to 7 minutes);
Pavement drop offs due to soil erosion on highway edges;
Pick up trucks, a high risk group of motor vehicles, are more often driven on rural roads.

The most simple and cost-effective safety measure to combat risks to rural drivers is to wear a safety belt in compliance with Florida's Safety Belt Law.

NHTSA data shows that the use of a safety belt use for a passenger vehicle reduces the risk of fatality by 45 percent and the chance of serious injury by 50 percent. Safety belts can saves lives-particularly in North Central Florida's rural areas.

For more information:
Be Safe, Obey the Law and Buckle Up
Rural Teen Drivers Are at Higher Risk
Know the Law About Pick-up Trucks and Buckle Up

Know the Law About Pick-up Trucks and Buckle Up!

jmeldon@meldonlaw.com (Blog Author)11475 — Thu, 30 Apr 2009 08:00:00 EST

Nationwide, pick-up truck drivers in rural areas are among those least likely to comply with safety belt laws.

As an experienced car accident lawyer, also know as a personal injury attorney, I agree that pick-up drivers in North Central Florida are no exception to the national trend. Florida's unrestrained pick-up occupants, especially children, are at risk for serious injury and even death, as exemplified in the recent Green Cove Springs pick-up truck rollover accident.

Approximately 22 percent of persons killed in motor vehicle accidents in rural areas were pick-up truck occupants, accounting for 77 percent of all pick-up fatalities. Tragically, 67 percent of those killed in rural pick-up wrecks were unrestrained, according to the National Highway Traffic Safety Administration (NHTSA).

The first step toward saving lives is knowing Florida law for pick-up drivers.

Additionally, riding unrestrained in a pick-up truck cargo area is dangerous for everyone, since truck beds were designed for freight, not people.

Kids are especially vulnerable when riding in a truck bed and can be injured and ejected when the vehicle swerves or stops quickly. When riding in the cargo area, children are 8 times more likely to be killed than when riding properly restrained in the truck's cab. Save children's lives, know Florida's law for riding in the bed of a Truck.

The most simple and cost effective safety measure to protect pick-up drivers is to wear a seatbelt. NHTSA data shows that the use of a seatbelt by front seat passengers in pick-up trucks reduced the risk of death by 60 percent and the chances of critical injury by 65 percent. Safety belts saves lives-especially in pick up trucks.

For more information please see:
Deadly Rural Driving: Safety Belts Save Lives
Rural Teen Drivers Are at Higher Risk

Florida Safety Laws for Pick-up Trucks

Who Is Behind Tort Reform? Part 3 on Tort Reform

blog@www.meldonlaw.com (Blog Author)11471 — Thu, 30 Apr 2009 08:00:00 EST

The civil justice system was designed to provide protection to individuals for violations of civil law. A lot of money is spent each year by organizations that promote a view of the civil justice system that is not accurate (tort reform). The money is spent to convince the public that the court system is filled with frivolous lawsuits and that jury's awards are out of line with the damages presented in the case. The full facts of the case are never told.

The positive sides of the civil justice system are usually ignored. The stories about the manufacture of a defective product that caused injuries being taken off the market, or the fact that cars are safer today, drugs are safer today, traffic lights, railroad crossings, are all safer than they were 100 lawsuits ago. Trial lawyers are responsible for this increase in consumer safety. These positive stories are not often told because it is not the injured individual who has the resources to publish their side of the story. It is the large well funded corporations that are promoting a view of the civil justice system that is distorted and not helpful to the individual and their rights.

Each year 80,000-90,000 people die in the United States because of medical malpractice. This figure is published by the American Medical Association. Yet, instead of addressing the thousands killed each year the medical community wants to limit your rights to full justice. As a medical malpractice lawyer in Ocala, I have seen way too often the unfairness of this and the heartbreaking consequences.

Tort Reform do you know what it is about? Part 1 on Tort Reform

WHY GIVE UP YOUR HEALTH CARE RIGHTS in Ocala or anywhere in Florida? Part 2 on Tort Reform

Part 4

It is Time for the Legislature to Not be Asleep at the Wheel!

jmeldon@meldonlaw.com (Blog Author)11382 — Tue, 28 Apr 2009 08:00:00 EST

The semi driver, Reinaldo Andujar Gonzalez, 30, was arrested on Tuesday April 21, 2009, on charges of vehicular homicide and reckless driving with serious bodily injury for the death of a Marion County student in September 2008. The devastating aftermath left a school bus in flames and an 8^th grade student dead.

Vehicular homicide, a second degree felony, is the killing of another human caused by operation of a motor vehicle in a reckless manner that is likely to cause death or great bodily injury to the victim. If convicted of vehicular homicide, Gonzalez could be:

imprisoned for up to 15 years;
fined up to $10,000; and
ordered to serve 120 community service hours in a hospital that serves victims of car accidents.

Gonzalez was arrested on lesser charges than Jacksonville trucker Alvin Wilkerson, who slammed into the rear of car that was safely stopped behind a school bus on S.R. 121 in Union County in 2006, killing seven children. Like Gonzalez, Wilkerson was alleged to be asleep at the wheel.

Wilkerson was arrested on seven counts of vehicular homicide and manslaughter, also a second degree felony.

Wilkerson is currently serving 7 years in prison for pleading no contest. He is scheduled to be released on March 12, 2015, subject to gain time.

Except for a short rest, Wilkerson had been awake 34 hours prior to the accident that killed the seven children, ranging in age from 20 months to 15 years. It is reported that Wilkerson had a dog in his cab at the time of the accident that may have been another driving distraction.

As an experienced personal injury lawyer I do not think it is just truckers that are "asleep at the wheel". I think it is time for our legislators to wake up and pass legislature reform to make our roads safer. Reform that includes moving school bus stops from highways, reducing the number of hours truckers can driver per day, forcing trucking companies to take responsibility for their drivers and make big rig drivers and cell phone use illegal. For more of my opinions on this please see, Asleep at the Wheel?

Sleeplessness to Blame In Semi and Bus Crash?

The rule establishing the number of hours for truck drivers behind the wheel is challenged in court.

Bill for School Bus Stop Fails

We Don't Have to Wait for it to be the Law to Turn Off Our Cell Phones

6 Days on the Road, May not be Safe for the American Public

Florida Teenage Safe Driving Awareness...parents and teens need to talk about these things... Part 1

jmeldon@meldonlaw.com (Blog Author)11265 — Fri, 24 Apr 2009 08:00:00 EST

As Florida teenagers gear up statewide for prom and graduation festivities, Governor Charlie Crist proclaimed April 20 to 25, 2009, Teenage Safe Driving Awareness Week which coincides with the National Campaign of the same name. Governor Crist's weeklong awareness campaign is a sober reminder that motor vehicle crashes are the leading cause of teenage deaths.

As a long time Gainesville accident attorney and father, I know that while teenagers are the most high-risk drivers on the road, talking with your teen about safe driving and legal consequences can save lives and avoid deadly traffic accidents that change lives forever.

Here are some safe driving tips and the law that every parent and teenager should discuss and not just on prom night, but rather regularly and frequently:

Zero Tolerance. Florida has a zero tolerance drinking and driving policy for teenaged drivers. Drivers under the age of 21 with a blood alcohol level of .02% or more will have their license suspended for 6 months. A second offense results in a one-year suspension. http://www.flhsmv.gov/teens/privilege.html
Blood Alcohol Testing. If a teenaged driver under 21 year old refuses to submit to blood alcohol testing, a first offense can result in a one-year driver's license suspension. A second offense results in an 18-month suspension. http://www.flhsmv.gov/teens/privilege.html
Tobacco. Cigarette smoking can also distract drivers. Teenage drivers under the age of 18 can expect to have their driver's license revoked for 6 months to one year if found in possession of tobacco products. http://www.flhsmv.gov/teens/privilege.html

4. Speeding and Reckless Driving. Teen age drivers can be easily distracted by loud music, cell phones, texting, and talking with a car loaded with friends. These distractions can result in speeding, reckless driving, and moving violations that can contribute to motor vehicle accidents and even turn deadly. It is important to understand the point system for these law violations. See this library article for the point system specifics.

For more information:

One video says it all... everyone should watch this, no matter our age! Pay attention on the road!

Be a Responsible Parent; Educate Your Teens About Traffic Safety,

Teach Your Children Well: Beware of the Dangers Teen Drivers Bring to the Road

Risk Factors Teens Bring to the Road:

Florida Teenage Safe Driving Awareness...parents and teens need to talk about these things... Part 2

jmeldon@meldonlaw.com (Blog Author)11270 — Fri, 24 Apr 2009 08:00:00 EST

Governor Charlie Crist's designation of April 20 to 25, 2009, as Teenage Safe Driving Week in Florida, in anticipation of prom and grad night partying, is a perfect excuse for parents to discuss safe driving tips with teenagers and young adults. As a car crash lawyer in Gainesville and a father, here are some more ideas and information you should talk about:

First, know the facts-teens and young adults are the most high risk category of drivers in Florida.

Florida crash reports indicate that drivers ages 15 to 19 years old are more likely than any other age group to be involved in a motor vehicle accident.
Young adult drivers, ages 20 to 24 years, have the highest fatality rates of those involved in car accidents.
Drivers 18 years old have the overall highest rate of motor vehicle crashes-including deadly crashes. http://www.flhsmv.gov/hsmvdocs/CS2006.pdf

Second, Prevention is key to saving lives-talk with your teen or young adult as they rev up for prom night and graduation partying.

Create an itinerary with your teen about festivity plans and discuss it with the other parents in person or on the phone.
Ensure that there are responsible parents to chaperone pre and post party festivities as well as at the actual event, contacting them in person is the best idea.
Make sure that your teen will be riding with friends who have a zero tolerance alcohol policy and know not get into a car with someone that has been drinking.
Texting is a great way to stay in touch during the night without being too intrusive or causing embarrassment to your teen.
Create a code in case your teen needs help, like "feeling sick" or "family emergency."
Make sure your teen knows it is OK for them to call home at anytime to be picked up, without fear of punishment.

For Part 1 of this 2 part series see: Florida Teenage Safe Driving Week Part 1

For more information:

One video says it all... everyone should watch this, no matter our age! Pay attention on the road!

Be a Responsible Parent; Educate Your Teens About Traffic Safety,

Teach Your Children Well: Beware of the Dangers Teen Drivers Bring to the Road

Risk Factors Teens Bring to the Road:

One video says it all... everyone should watch this, no matter our age! Pay attention on the road!

jmeldon@meldonlaw.com (Blog Author)11129 — Tue, 21 Apr 2009 08:00:00 EST

As a car and truck accident lawyer with my main office in Gainesville, I know first hand the devestating results of crashes, no matter who causes them, and that National Teen Driver Safety Week gives us a valuable time to stop and educate ourselves and our children about the increased dangers teen drivers bring to the road. I applaud all the groups that have gotten together to get this important information out. In a recent blog post, Be a Responsible Parent; Educate Your Teens About Traffic Safety, I discussed the fact that teens when in a car or truck accident are twice as likely to kill as be killed.

Here is a video that says it all and depicts some of the dangers that teens and their multiple distractions bring to the road. This video is also a good reminder to us all of the importance of paying attention to the road and avoiding distractions, I think everyone should watch this video no matter our age.

http://www.youtube.com/watch?v=JPAajshrsa8&eurl=http%3A%2F%2Fwww%2Esun%2Dsentinel%2Ecom%2Fnews%2Flocal%2Fsouthflorida%2Fsfl%2Dteen%2Ddriving%2Ddeaths%2Dp040809sbapr08%2C0%2C5426885%2Estory&feature=player_embedded

For more information:

Teach Your Children Well: Beware of the Dangers Teen Drivers Bring to the Road

Risk Factors Teens Bring To The Road:

Dog Bite Victim's compensation proposal in Taramac is a good start and a fair compromise.

jmeldon@meldonlaw.com (Blog Author)11098 — Mon, 20 Apr 2009 08:00:00 EST

Residents of the City of Taramac, FL can rest easier knowing that their City Commisioners are proposing legislation with safety in mind. The new ordinance requires dog owners to register their aggressive animal with the City upon attacking another human or animal. Once registered, the dog owner must carry $500,000 in liability insurance to provide relief to potential victims of attack. As Taramac's former legislation only applied to pit-bulls, the proposed legislation is beneficial to society because it requires all aggressive animals to be insured, regardless of breed.

As an experienced Personal Injury lawyer in Gainesville that has helped many dog bite victims, I support the City of Tamarac's decision to propose legislation that hopes to ensure that aggressive dog owners carry liability insurance. It is unfortunate that most of the time the victims of dog bites are forced to provide for themselves because the dog owner did not carry liability insurance. Once a dog has shown its aggressive nature through one attack, the owner should be required to carry liability insurance in case their dog has further aggressive incidents. Under the proposed legislation, the City of Taramac will be able to identify aggressive dogs and ensure that their owners carry liability insurance. Thus, this will likely reduce the amount of uncompensated injured victims, which is a fair compromise for both dog owners and their neighbors.

In the meantime, neighbors of aggressive dog owners should be informed of what to do if attacked by a dog. And, as for dog owners, remember that in Florida you are strictly liable for your dog's attacks.

WHY GIVE UP YOUR HEALTH CARE RIGHTS in Ocala or anywhere in Florida? Part 2 on Tort Reform

blog@www.meldonlaw.com (Blog Author)10849 — Sat, 11 Apr 2009 08:00:00 EST

In the middle ages what rights did a person have in the event that the king or a member of the moneyed class accidentally injured or killed a person? Did the injured person have a court system he could rely upon to seek justice? No. The matter was usually taken into the hands of the parties themselves. Brute force ruled the day. Is this a good way for a civilized society to address their grievances?

Tort reform was designed to limit the rights of individuals from being compensated for the injuries they suffered as a result of the carelessness of their doctor (and in other wrong doings). It was promoted as a way for the people to have lower medical costs and lower health insurance costs. It was said that doctors were leaving the state in large numbers and tort reform would help insure a doctor was available when you needed one. Tort reform was passed by the Florida legislature and since then have you noticed the price of the healthcare going down in Ocala or elsewhere in Florida? Have your insurance payments gone down? Did you know that the number of doctors licensed to practice medicine in Florida has gone up every year for the last 10 years? Your health care rights have been restricted and now anyone who is a victim of medical malpractice will have far fewer rights then they had before.

As an experienced medical malpractice attorney I would be interested in knowing: What are your opinions on this issue? Does it seem right or fair to you?

This is part 2 of a series on Tort Reform. For part 1 see, Tort Reform, do you know what it is about?

Who Is Behind Tort Reform? Part 3 on Tort Reform

Part 4

Binge Drinking: A Widespread Problem That Can Kill!

jmeldon@meldonlaw.com (Blog Author)10736 — Wed, 08 Apr 2009 08:00:00 EST

Binge drinking, drinking several alcoholic beverages on a single occasion, which leads to a blood alcohol level equal to or over 0.08%, is commonly associated with college students. However, although binge-drinking is prevalent among students, 70% of binge drinking incidents involve adults over the age of 25. According to the Centers for Desease Control and Prevention, binge drinkers are fourteen times more likely than non-binge drinkers to drive while being alcohol-impaired. The obvious outcome of this behavior is the increased risk of binge-drinkers getting into the traffic accidents and suffering and causing others to suffer serious injuries and possibly death.

Popular beliefs, although false, add to the pervasiveness of binge drinking. Many assume that drinking beer is less intoxicating than drinking other types of alcohol. However, one 12-ounce can of beer, one 4-ounce glass of wine or one normal mixed drink are all equally intoxicating. In addition, while eating prior to or during drinking will delay the absorption of alcohol, it will not prevent getting drunk. Also, cold showers or coffee will not sober one up. Alcohol will be eliminated from one's system only as time goes by: it will take at least one hour for your body to remove the alcohol in one drink from your system. Alcohol affects everyone differently, depending on one's metabolism, weight, and many other factors. Therefore, it may take less time to get drunk and more time to sober up for one person than the other.

Binge-drinking can kill: in addition to fatal accidents which are caused by drunk drivers, drinking excessive amount of alcohol causes alcohol poisoning, which may result in death. Other consequences of excessive long-term alcohol use are liver damage, certain cancers, and dementia.

For more information, please see:

Binge Drinkers Cannot Determine Their Ability to Drive Safely

Drinking and Drving Do Not Mix Well

http://www.cdc.gov/alcohol/quickstats/binge_drinking.htm

http://www.collegedrinkingprevention.gov

Alcohol Related Traffic Fatalities ARE Preventable!

jmeldon@meldonlaw.com (Blog Author)10709 — Tue, 07 Apr 2009 08:00:00 EST

Clearly, alcohol influences driving of every person regardless of age. While everyone seems to be aware about the dangers of drunk driving, not much is done to prevent an alcohol-related accident. People still rush to the "open bar" events. Peer pressure to drink is still the main reason why teenagers and young people drink. Drinking contests are still the main event of many parties. Remembering that driving under influence may forever change one's life and the lives of many others is sometimes easily forgotten. How many times have you let friends drive home from a bar because they told you they were "ok" to drive? Imagine now one of those friends getting into a crash with dire consequences that same night... It WILL also change your life.

Be responsible yourself, but do not forget about not letting others drink and drive. Pace the drinks. If you are hosting a party, stop serving alcohol well before the end of the party. Make sure that others are not consuming alcohol on an empty stomach. Respect your friends' choice not to drink. And take away the keys from those who shouldn't drive. They will thank you the next day.

Remember, every injury and death caused by drunk driving IS preventable.

For more information, please see:

Alcohol is the leading cause of traffic fatalities

Drinking and Driving do not Mix well!

http://www-nrd.nhtsa.dot.gov/departments/nrd-30/ncsa/STSI/12_FL/2007/12_FL_2007.htm

http://www.flhsmv.gov/ddl/duilaws.html

SEO: drunk driving, DUI, alcohol-related deaths, BAC, DUI fatalities, DUI deaths.

Alcohol Related Traffic Fatalities ARE Preventable!

jmeldon@meldonlaw.com (Blog Author)10716 — Tue, 07 Apr 2009 08:00:00 EST

Remember, every injury and death caused by drunk driving IS preventable.

For more information, please see:

Alcohol is the leading cause of traffic fatalities

Drinking and Driving Don't Mix Well!

http://www-nrd.nhtsa.dot.gov/departments/nrd-30/ncsa/STSI/12_FL/2007/12_FL_2007.htm

http://www.flhsmv.gov/ddl/duilaws.html

Proposed changes to DUI arrests statute could very well effect you! Heads Up Florida!

tcopeland@meldonlaw.com (Blog Author)10658 — Mon, 06 Apr 2009 08:00:00 EST

Some Florida legislators have proposed an amendment to FS 901.15 that governs when the police can arrest a citizen for a misdemeanor offense without a warrant! This could very well effect you!

With limited exceptions (mostly relating to domestic violence, firearms offenses, and sexual offenses), the law now requires the police to witness the misdemeanor offense before they can arrest without a warrant. House Bill 793 proposes to amend the statute to add Driving Under The Influence to list of offenses for which the police can arrest without a warrant. Many people may say "Ok--Dui is serious enough that the police should be allowed to arrest without seeing the offense committed". Most of us are not in favor of DUI's right? Consider this scenario: (please follow link to read the scenario on our library section)

(Please read above linked scenario first) Does this sound far fetched? Don't bet your clean criminal record or a night in jail on it! These are the type of changes in the law that most people think will "never effect me". The government (you know, those people you elected) is experienced enough and smart enough to know that they can't take our rights in big chunks. They have to do it one small piece at a time because they know most of us will let them! If it's just a small bite that doesn't hurt and "it won't effect me anyway", why should I care enough to stand up and say "NO, you can't take any more individual rights from me, my neighbors, or anyone else in this State!"

If you want to have a voice in this continual errosion of our personal freedom, now is the time to speak up. Call, write, or email your State legislators and urge them to "Vote No" on HB 793. If this bill passes, it will become law on July 01, 2009 so you need to act NOW if you want your voice to be heard.

Here is a link to the text of the pending bil, HB 793:

You say you need evidence that the sponsors of this bill are trying to slip it past us. Read the bill and you'll see that they included a provision to add "exhibition of sexual organs in public " to the list. How could anyone vote against that, right?. This is one of the ploys that is designed to get what the sponsor really wants, which is to add DUI to the list, by including another offense that surely everyone must be in favor of. Urge your legislators to vote NO unless the bill is amended to delete DUI from the proposed changes.

Baby survives deadly crash in Levy County because of being properly restrained.

jmeldon@meldonlaw.com (Blog Author)10622 — Sat, 04 Apr 2009 08:00:00 EST

My heart goes out to the family of Tiffany Poupard and to her infant that lost her mother in the tragic Levy County bus accident.

Tiffany gave her infant daugher the gift of life because she took the time to properly restain her. As an accident attorney and father, I hope this heart breaking story gives us all a reminder to make sure our children are properly restrained at all times and we all are buckled up properly.

For more information:

Its the Law: The Importance of Car Seats

Know the Law: Rules for Driving with Buses

Tort Reform do you know what it is about? (Part 1 on Tort Reform)

blog@www.meldonlaw.com (Blog Author)10543 — Thu, 02 Apr 2009 08:00:00 EST

Have you ever seen a person take a position on a subject, yet know nothing about the subject? Have you heard people say that they are for tort reform? What does that mean? When I hear people say they are for tort reform, my first question to them is... "What is a tort?" Almost without exception the person who is for tort reform doesn't know what a tort is. They have heard the term in the news so many times that they think it must be something to be for. A little like... "being tough on crime." Everybody is against crime but most people know what they mean when they use the word "crime."

A tort is defined as a "civil wrong." A good example would be a where an 18 wheeler truck driver, fails to pay attention and crashes his tractor trailer and injures someone. What rights does the injured person have? Well, if it were up to the trucking company the injured person would have very few if any rights. But what if the injured person were you or a member of your family. What rights should you have then?

So how does tort reform fit in this trucking accident scenario? Persons advocating tort reform would limit the rights that injured persons have to make the trucking company accountable for you or your family member's injuries. But, why? Why should the trucking company not be held responsible for their actions? Why should they be held to a different standard than any of the rest of us?

For part 2 in this series on Tort Reform, written by experienced Ocala medical malpractice lawyer, Steve Rothenburg please see, Why give up your health care rights?

Who Is Behind Tort Reform? Part 3 on Tort Reform

Students also need to know their options on how to stay safe if they choose to drink.

jmeldon@meldonlaw.com (Blog Author)10503 — Wed, 01 Apr 2009 08:00:00 EST

MADD's recent announcement that they will be opening an office in Gainesville, FL is good news for all of its residents, including college students.

In 2008, The University of Florida, located in Gainesville, was ranked as the #1 party school by Princeton Review. As the country's levels of binge drinking and drunk driving levels continue to rise, such a party ranking is a dangerous sign.

MADD's plan to join forces with the University of Florida's mandatory "New Student Alcohol Education Program" will help educate incoming college students of the dangers associated with binge drinking and drunk driving. By requiring that students have such critical knowledge before they are allowed to start classes, the amount of DUI related injuries in Gainesville and Alachua County will hopefully decline.

As an experienced DUI lawyer in Gainesville, I applaud MADD's efforts to educate our college students about the dangers of drinking. However, it is unlikely college students will totally stop drinking; we just want to keep them safe and others on the road safe. I think it is more realistic to educate students about not only the dangers of alcohol but if they choose to drink, what their options are to stay safe.

For more information:
Drinking and Driving do Not Mix Well! If you are going to drink....

MADD is Coming to Town.