Attorney Blog

New AAA Study Focuses On Teens and Distracted Driving

Thu, 17 May 2012 08:00:00 EST

April was National Distracted Driving Awareness Month, which is a hazard that can affect everyone on the roadways. May is National Youth Traffic Safety Month. A new study from AAA looks at the topic of distracted driving, specifically as it relates to teens. It not surprisingly reveals that many teens become dangerously distracted while driving. The study also lays out the extent to which teenagers talk, text, and otherwise divert their attention from the road.

The study was based on video recording newly licensed teenage drivers from inside of cars to see when teens looked away from the road. This data would then help determine what distracts teenagers when they are driving and how these distractions can be eliminated. Although the study did not claim teenage distractions, like texting or loud conversations, will always result in accidents, it showed a strong correlation. It also showed the first six months as a driver to be “highly dangerous” because teenagers are still learning to focus on driving. As they become more comfortable behind the wheel, distracting behaviors become more prevalent.

The study also found that cell phones, texting, personal grooming, and reaching for something in the car are the most common distracting activities for teenagers. Gender played a role in some of the distracted observations. Teenage females were nearly twice as likely as males to use an electronic device while driving. Teenage males, on the other hand, were roughly twice as likely to turn around in their seats while driving, and were also more likely to communicate with someone outside of the car.

It is worth noting that young drivers are not the only ones who are becoming distracted while driving. AAA released a survey result in 2011 in which 35% of those surveyed admitted to having read a text or email while driving within the past 30 days.

For more information on this important topic, please see,

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

"Driving Distractions 101" (Plus, an additional heads up for Florida residents: comparative negligence)

Governor Scott Signs PIP Reform Bill into Law - Loopholes and All!

Thu, 10 May 2012 08:00:00 EST

Just as the personal injury protection (PIP) reform bill did not pass through both houses of the Florida Legislature until the final hour, so too did Governor Rick Scott wait until the final hour to sign the bill into law. The governor had 15 days from receiving the passed bill to sign it into law or veto it back to the legislature and he used all 15 of them. The governor’s delay in signing the bill is puzzling because he has long been a staunch supporter of the bill and PIP reform in general.

Even more puzzling is that immediately after the governor signed the bill that he himself touted as necessary for eliminating “rampant auto fraud”, he expressed concern about a loophole in the new law that auto fraudsters can exploit. "They are already trying to scam the system," Scott said while flanked by about 50 law enforcement officers. Perhaps the governor did not notice the loophole until just after he signed the bill.

The loophole is based around one of the bill’s provisions - specifically the one that reduces PIP payments from $10,000 to $2,500 unless a medical doctor, osteopathic physician, dentist or a supervised physician's assistant or advanced registered nurse practitioner determines the injured person has an "emergency medical condition." Chiropractors, for some reason, cannot make that determination (for the purposes of PIP benefits only). In other words, no matter how seriously you are injured, you could only collect a maximum of $2,500 under PIP if you are exclusively treated by a chiropractor, because he or she can never diagnose you with having an “emergency medical condition.”

Some private companies, however, are making deals with chiropractic offices to send over doctors and osteopathic physicians so that they can diagnose an “emergency medical condition” and the full $10,000 limit can be collected. In its own defense, one such company stated that it was merely helping patients receive the needed care to which they are entitled.

How ironic that a law must be skirted to ensure patients receive proper care. It is even more ironic that the law to avoid is the same law that was originally created 40 years ago with the express purpose of helping accident victims receive that level of care.

For more information on the 2012 PIP Law, please see,

2012 PIP Reform Law – How it Will Impact Accident Victims

May is Motorcycle Safety Awareness Month – Floridians take special note

Wed, 09 May 2012 08:00:00 EST

May is Motorcycle Safety Awareness Month. This national campaign is sponsored by the National Highway Traffic Safety Administration (NHTSA) and has one main goal in mind, getting motorists and motorcyclists to “share the road” with each other. This month-long initiative also stresses motorcycle safety. Here are the highlights to take the time to review and remember:

1. Motorcycles are motor vehicles and share the same rights and duties as any other motorized vehicles on the road. With this in mind, it is important that drivers of cars and trucks not only “share the road” with motorcycles, but also to be on the alert for them by listening and looking (twice) for them. In addition, NHTSA reminds bikers that they have equal responsibility to make themselves visible by wearing bright colors and using reflective tape, and obeying all traffic laws.

2. It is illegal to drink and drive for all drivers of motorized vehicles. This is especially true for motorcyclists as safe biking requires balance and coordination. Statistics show that impaired motorcycle riders over the legal limit are more likely to be killed than any other type of vehicle driver on the road.

3. Helmets save lives and do not interfere with the riders vision or hearing. It is a common statement from opponents of mandatory helmet laws that helmets interfere with a rider’s ability to see and hear which results in an increased risk of crashes. NHTSA sponsored a study assess the effect of helmet use on bikers and found that helmets do not interfere with the rider’s ability to see and hear.

This national campaign is of extreme importance to all Floridians on the road as Florida leads the nation, second only to California, in the number of motorcycle riders killed in 2008.

For more information on this important topic, please see:

NHTSA Motorcycle Safety Awareness Month

Florida Motorcycle Laws 101 – Ride Legally and Safely!

Local Motorcycle Accidents Bring Home National Motorcycle Safety Awareness Month

Pedestrian Fatality on I-75 Not a Freak Incident – Gainesville and Ocala Accident Attorney Explains Why

Mon, 07 May 2012 08:00:00 EST

With the start of vacation season around the corner, it is time to be prepared for roadway emergencies.

As an example, in February of this year, a man from Summerfield, Florida pulled his Volkswagen “Bug” over on the shoulder of I-75 southbound near the State Road 200 exit ramp in an attempt to fix his stalled vehicle. While the man was repairing his car, an approaching pickup truck traveling south on I-75 veered off the road and struck and killed him. The impact also knocked the VW from the shoulder into the right and center lanes of the highway.

This accident serves as a chilling reminder of how dangerous highway traveling can be. We usually do not associate pedestrian fatalities in auto accidents with highway travel, but it is more common than we may think. Pedestrian fatalities on Interstates have claimed an average of 610 lives each year since 1989. Nearly ten percent of all the nation's pedestrian fatalities occur on Interstate highways, even though the Interstate system comprises only one percent of the nation's total road mileage. Furthermore, twelve percent of all Interstate traffic fatalities are pedestrians. These are alarming numbers, especially given that pedestrians are legally restricted from entering highways in Florida and all but ten states.

The AAA Foundation for Traffic Safety recently compiled a report to study what pedestrians are doing on the Interstates and what factors are contributing to these crashes and deaths. The study reviewed and analyzed 400 police accident reports over a three year period dealing with Interstate pedestrian fatalities.

The report states among the findings that nearly one-third of the crashes from the sample involved "unintended pedestrians": people pushing or working on a vehicle, involved in a previous crash, or walking on the shoulder--all situations in which the average motorist could be involved. Forty percent of the crashes involved pedestrians crossing or entering a lane of traffic. These cases usually involved people exhibiting irrational or suicidal behavior, or simply trying to travel the shortest distance from one location to another. Less than 3 percent of pedestrians in the sample were hitch-hiking. The victim in the February accident falls into the “unintended pedestrian” category, as he was working on his car on the freeway’s shoulder when he was struck.

The AAA report further states that in cases in which the pedestrian was struck on the shoulder of the Interstate, inattentive, impaired, or drowsy driving was often a factor. The driver who struck and killed the pedestrian on February 16 suffered a diabetic reaction while driving, which caused him to lose control of his pickup and drive onto the shoulder.

These frightening statistics show just how dangerous Interstate driving can be both on and off the road. If you absolutely must pull over to the shoulder on an Interstate, make sure to move as far away from the traveling lane as possible and park beyond the shoulder in the grass if possible. Furthermore, be aware when driving on the Interstate of not just what is in front of you but also to the sides.

For more information on what to do if your vehicle breaks down on the highway, please see,

When your vehicle breaks down on the Highway...

Gainesville Toddler Drowns In Residential Pool - Gainesville accident attorny explains why grandfather clauses need to be reviewed

Fri, 20 Apr 2012 08:00:00 EST

A three-year-old boy drowned recently in what is believed to have been an accident. As a father and Gainesville accident attorney, I strongly believe that grandfather clauses need to be reviewed and granted or not granted based on the potential risks they pose. Here is a tragic example.

It appears that the toddler wandered outside of his grandfather’s house and into the swimming pool located in the back yard. His grandmother and an aunt were also home at the time. His body is believed to have been at the bottom of the pool for at least ten minutes before he was found. Gainesville Fire Rescue gave CPR to the boy upon arriving at the scene. The boy was taken to Shands at the University of Florida where he was declared dead.

Unfortunately, the in-ground pool did not have a barrier around it. Florida law requires new pools to have barriers and gates to prevent children from having open access to them. Houses that had been built prior to the passing of the law, however, were grandfathered in and are not required to have a barrier around a pool. The house in question falls under this grandfather clause and is thus exempted from the pool barrier requirement.

This tragedy is a good example for why grandfather clauses should be implemented into the law only very selectively. A grandfather clause is a legal term used to describe a situation in which an old rule continues to apply to some existing situations, while a new rule applies to all future situations. It extends the idea of a rule not being retroactively applied.

In the present case, it appears that the grandfather clause indirectly (and unintentionally) caused the death of the toddler. If the grandfather clause had not been included in the pool barrier statute, then the house in question would have been required by law to have a barrier around its pool. If there had been a barrier around the pool, the toddler most likely would not have been able to access it by himself.

Grandfather clauses should be reviewed wherever they are found to see if they are necessary and how much damage they can potentially cause.

For more information on keeping children safe around pools, please see,

Protect Your Child from Common Summertime Drowning Scenarios

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

Ocala Accident Attorney Explains the Legal Deep End of Residential Pool Liability

Massage therapy and acupuncture are no longer covered under PIP as treatment options - 2012 PIP reform law

Tue, 17 Apr 2012 08:00:00 EST

Massage therapy and acupuncture are no longer covered under the "reformed" 2012 personal injury protection (PIP) law as treatment options.

The most common auto accident-related injury is not broken bones, spinal damage, head trauma, or lacerations; it is soft tissue damage. Soft tissue is any area that surrounds organs or bones in the body and consists of muscles, nerves, and cells. This type of injury is overlooked because it often cannot be easily seen or detected because the source is located far below the surface of the skin. Soft tissue injuries, however, are real and often extremely painful and long lasting.

Many patients with soft tissue injuries have effectively relied upon massage therapy and acupuncture to alleviate their pain and help them make complete recoveries. Massage therapy and acupuncture are both widely recognized as legitimate forms of medical treatment for soft tissue as well as many other injuries, such as migraines, back spasms, and whiplash (which is really a type of soft tissue injury). In fact, most health insurance carriers—such as Humana, Aetna, United Health Care, Metropolitan, and CIGNA—recognize these treatments as valid and include them in coverage plans. They are suddenly no longer accepted as valid treatments under PIP coverage, however.

The legislature most likely excluded massage therapy and acupuncture as treatment options to stop people who are not legitimately injured in an auto accident from exploiting PIP benefits to pay for unnecessary massages or acupuncture. After all, many of us would like to receive a free massage (or two or three) even when we are feeling healthy. Yet we should wonder how rampant is this fraudulent massage/acupuncture dilemma in our state that the legislature felt the need to take such a drastic measure of denying everyone coverage for these valid treatments? Is it right to punish all Florida citizens to ensure that large insurance companies do not pay for fraudulent massage and acupuncture treatments? Isn’t that their responsibility that they should have to deal with?

In addition, acupuncture treatments only use .003 percent of PIP dollars – can this legislature get any crazier?

For more information please see,

2012 PIP Reform Bill – How it Will Impact Accident Victims

2012 PIP Reform bill creates significant hassles and complications for auto accident victims contrary to its basic purpose.

Fri, 06 Apr 2012 08:00:00 EST

The 2012 Personal Injury Protection (PIP) Reform bill states, a patient must have a referral from a physician, osteopath, chiropractor, or dentist before seeing another doctor for follow-up treatment to qualify for PIP benefits.

This provision is similar to provisions one (14 day deadline) and two (“emergency medical condition”) in that it places too strong of an emphasis on the initial visit for treatment and that doctor. Most people who are injured in an auto accident are taken to a hospital and seen by an emergency room doctor. PIP law views this as the initial visit. Let’s say you find yourself in this scenario after suffering an auto accident-related back injury. The ER doctor, who neither knows you nor your medical history, examines your injuries and prescribes a mild muscle relaxer and three days bed rest. You decide after five days have passed to schedule an appointment with your family doctor because the pain has not subsided.

It sounds like a logical approach to take, doesn’t it? You are still suffering from your injuries and you feel more comfortable seeing your own doctor for further treatment as opposed to the ER doctor who perhaps spent 20 minutes with you during that “initial visit.” Under this provision, however, PIP benefits will not cover the visit to your own doctor. Why? Because the ER doctor did not refer you for follow-up treatment.

This provision in effect requires you to obtain a referral from a doctor who is basically a stranger just to be allowed to see your own doctor for follow-up treatment. Under this provision, you must go back to the ER doctor for a second visit and hope that she decides you need further treatment for your injuries and authorizes a referral. Only then will you be eligible for PIP benefits for any subsequent doctor visits.

This provision takes nearly all authority and decision making away from the patient regarding treatment for her injuries and places it in the hands of the doctor who happened to treat the patient first, which is usually an ER doctor. The provision also makes the patient jump through too many administrative and logistical hoops to receive medical care. Again, we should remember that the stated purpose of the original PIP law in 1972 is to provide injured auto accident victims with money to pay for their injuries regardless of the situation and with minimal hassles or complications. This provision creates significant hassles and complications for an injured policyholder who is simply seeking relief from their injuries.

For more information on the 2012 PIP Reform bill and how it will affect you, please see,

2012 PIP Reform Bill – How it Will Impact Accident Victims

2012 PIP Reform bill is unnecessarily invasive and possibly unconstitutional - Local accident attorney explains why

Wed, 04 Apr 2012 08:00:00 EST

The 2012 Personal Injury Protection (PIP) Reform bill states, An insurance carrier may lawfully compel a policyholder to take an examination under oath (EUO) regarding the accident claim as a condition to receiving PIP benefits. A policyholder who fails to comply with an EUO demand is owed zero benefits.

An EUO is basically an official or sworn statement. It is the one that counts, the one always referred to. It can be legally introduced at trial and it can be used to prove perjury, which is a criminal offense. Its purpose is to memorialize the substantive content of the auto accident and injury: How did the injury occur? How has the injury been treated? How much has it cost to treat the injury? Are there any pre-existing injuries?

EUOs generally occur at the insurance carrier’s office and often last for several hours, sometimes even days. The carrier will have an attorney present who will ask the questions to the policyholder. The policyholder is allowed to have an attorney present as well but at the policyholder’s own expense. Furthermore, the policyholder’s attorney may not object or tell her client not to answer a question or basically function as an attorney. A stenographer will record everything said during the EUO, including answers the policyholder might change or add on to. A copy of the transcript of the EUO is then sent to the policyholder to review and sign. These transcripts are often several hundred pages long.

EUOs are time consuming and burdensome upon a policyholder’s schedule and recovery from his injury. The interrogative nature and looming sense of penalty along with the presence of an attorney make EUOs inherently intimidating. This is what PIP has been transformed into. PIP law used to represent an assurance to Florida drivers of receiving payments for accident-related medical bills quickly and without hassle. Today’s PIP projects a suspicious, skeptical, and hostile feeling to anyone who dares attempt to file a PIP claim.

EUOs are also unnecessarily invasive. The new law reads: “The scope of questioning during the examination under oath is limited to relevant information or information that could be expected to lead to relevant information.” This limitless scope in questioning allows carriers to ask about extremely personal matters that have nothing to do with the injury in question. It is an invasion of the policyholder’s privacy, which is something that our Constitution is supposed to protect against. It appears that insurance carriers are exempt even from violating our Constitutional rights in certain situations. Should they be afforded this much power? More importantly, should they be afforded this much power when the issue concerns only $10,000 for medical bills?

For more information on how the 2012 PIP Reform bill will affect accident vicitms, please see,

2012 PIP Reform Bill – How it Will Impact Accident Victims

2012 PIP Reform Bill - the 14 day provision makes no sense and is unfair to accident victims – Gainesville and Ocala accident attorney explains why

Tue, 03 Apr 2012 08:00:00 EST

The 2012 PIP Reform bill states, an auto accident victim must receive medical treatment from a legitimate medical care provider within 14 days of the accident to qualify for PIP benefits.

The purpose of this provision is to narrow the window of opportunity for people who make fraudulent claims under PIP by placing a two week deadline as a condition for receiving PIP benefits. People who commit auto fraud are involved in elaborate plans and schemes that they follow to the end. Placing a two week deadline to seek treatment for a non-existent injury will not deter them from following through with their plan. Instead, this deadline prevents legitimate auto accident victims from receiving PIP benefits.

We all know that many injuries do not manifest or reveal themselves until well after the accident occurred. We also know how an injury that required no medical care when the accident occurred can later become worse on its own and require medical care at that time. Under this provision, the above two scenarios must occur within 14 days to be eligible for PIP benefits.

Here’s a hypothetical to illustrate this point: You’re involved in a car accident and feel some slight pain in your back but decide to “tough it out” with some Tylenol. A few days pass and the pain is still there but you barely notice it with the occasional Tylenol and some hot packs. The back pain becomes worse a week later, so you set up an appointment with your doctor. The earliest she can see you is the following week, but you take the appointment anyway because the pain is not unbearable and you know and trust this doctor. You would not be eligible for PIP benefits in this scenario because you did not meet the 14 day deadline.

Does it seem fair that you are disqualified for PIP benefits because your hectic schedule made it impossible to schedule a doctor’s appointment during that narrow two-week window? Does it seem fair that you and a family member are injured in the same auto accident, but only you receive PIP benefits simply because your pain increased before two weeks while hers took three weeks to increase?

Basically, this provision is unfair and encourages accident injury hysteria and a race to the doctor’s office. People who may feel uninjured after a legitmate accident will now feel compelled to see a doctor immediately just in case an injury arises later. To receive PIP benefits under this provision, however, you would have to, even though often, many serious injuries do not become apparent for days after a crash.

For more information on how the 2012 PIP Reform bill will affect you, please see,

2012 PIP Reform Bill – How it Will Impact Accident Victims

Jeffrey Meldon Interviewed by the Gainesville Sun regarding his opinion on the PIP Reform Bill

Mon, 02 Apr 2012 08:00:00 EST

Personal Injury Protection (PIP) has been a hot and trending topic on this website for quite some time now, but it has especially picked up over the past month when the Florida Legislature passed the 2012 PIP Reform Bill (PRB) on March 9. Since then, media outlets have been scrambling around trying to understand how the new law will affect Florida drivers. Both the Gainesville Sun and Ocala Star-Banner have covered and written about the controversial bill. The Gainesville Sun published an article about this topic on March 20 and asked local accident attorney Jeffrey Meldon for his legal opinion.

Mr. Meldon explained that the new law favors insurers at the expense of consumers and provided two examples to support this position.

1) Rate reductions are not guaranteed but benefit reductions are. There is no argument that PRB greatly reduces policyholder benefits in many different ways and areas. Proponents of PRB claimed that the benefit reductions are necessary to control the state’s problem with auto fraud. Less auto fraud will lead to lower coverage rates for policyholders. Mr. Meldon points out that the new law does not guarantee lower rates ever, but it does guarantee fewer and lower benefits.

2) Lowering attorney’s fees will not lower the number of fraudulent claims. PRB contains a provision that eliminates a common way for attorneys to charge for fees. The purpose is to reduce the number of fraudulent PIP coverage claims filed by giving plaintiff attorneys a disincentive for accepting this type of case. Mr. Meldon points out that plaintiff attorneys will be disinclined to accept any PIP claim, whether it is legitimate or fraudulent. In other words, many legitimate PIP coverage claims will never be heard in court because the new law tries to control how attorneys can bill.

Mr. Meldon pointed out that, PRB is too broadly punitive because it punishes everyone, not just the ones who commit auto fraud.

For more information on the 2012 PIP Reform bill, please see,

2012 PIP Reform Bill – How it Will Impact Accident Victims - Gainesville Accident Attorney Explains

2012 PIP Reform bill fundamentally in opposition to PIP's purpose - Gainesville and Ocala accident attorney speaks out!

Wed, 28 Mar 2012 08:00:00 EST

According to the 2012 PIP Reform bill, An insurance carrier may delay making PIP payments for 90 days if it decides that the policyholder’s claim needs to be investigated for fraud.

This provision, perhaps more so than any of the others, directly flies in the face of personal injury protection’s (PIP’s) original purpose and spirit. Prior to the 2012 PIP reform bill, PIP law required insurance carriers to pay or deny claims for PIP benefits within 30 days of receiving written notice of the covered loss from the policyholder. This 30 day deadline serves as the fundamental foundation for the creation of the PIP law 40 years ago: to expedite the payment process for auto accident-related injuries so that accident victims could receive immediate and continued medical treatment for their injuries without any unnecessary complications.

This new provision, however, dilutes the 30 day deadline requirement so much that it is merely an option for the insurance carriers to follow, not a requirement. Insurance carriers can now grant themselves an additional 60 days to pay PIP benefits on a claim. They do not need permission from the policyholder, the state Office of Insurance regulation, or any other entity to receive this extension. They simply give to themselves. All they have to do is cry fraud. Even worse, insurance carriers are not required to offer a factual basis for their suspicions of fraud, such as signing a sworn statement. Their only requirement is to notify policyholders that their claims are being investigated for fraud. That’s it.

Why is it that a policyholder injured in an auto accident is penalized by being denied PIP benefits if he does not meet the 14 day deadline for receiving medical care (provision #1) but insurance carriers are not penalized for failing to meet their 30 day deadline for making PIP payments but are instead given the option of an extension? Why are policyholders not afforded an extension option?

Allowing carriers up to 90 days to do their jobs will result in many accident victims not receiving the medical treatment they need, especially with regards to follow-up visits. Doctors can and do refuse to treat accident patients on follow-up visits because they have not received payments for initial visits. Again, this is why PIP was passed into law forty years ago. If an insurance carrier chooses to exercise this provision by delaying the payment of a claim for 90 days, the patient/policyholder is potentially left in a terrible position. He may be unable to seek further treatment for his injuries not because he failed to follow any of the new burdensome provisions, but because the carrier unilaterally decided to delay making payment for an additional 60 days. That means the policyholder must either pay for the treatment out of his own pocket or, if he is indigent, wait for up to 90 days before receiving treatment for his injury.

For more information on the 2012 PIP Reform bill, please see,

2012 PIP Reform Bill - How it Will Impact Accident Victims

2012 PIP Reform bill threatens crash victims with criminal penalties – Gainesville and Ocala accident attorney explains the absurdity of this.

Tue, 27 Mar 2012 08:00:00 EST

The 2012 PIP Reform bill states, A patient can receive medical treatment under personal injury protection (PIP) only at licensed medical clinics and facilities. A patient who submits a PIP claim from a non-licensed clinic is not only ineligible for PIP benefits but is also subject to criminal penalties.

The purpose of this provision is to deter elaborate fraud schemes in which fake medical clinics diagnose non-existent medical injuries to collect PIP benefits. That is fine in theory but it becomes a mess when applied to reality.

The bill defines a clinic as “an entity where health care services are provided to individuals and which tenders charges for reimbursement for such services, including a mobile clinic and a portable equipment provider.” So a clinic can potentially be any building or place where medical treatment is offered, and these places must be properly licensed. If they are not, then the patient is penalized financially and criminally.

What happens if you are injured in an auto accident in Florida but away from your community--an area where you are not familiar with the local medical care providers? How are you as a patient supposed to know which facilities are properly licensed under the new PIP provision? How are you supposed to know whether your own doctor’s office is properly licensed under this new provision, for that matter? Is the doctor’s medical license hanging in her office sufficient? What should you look for?

A patient should not have to consider these issues and perform so much due diligence when seeking medical treatment. The primary concern should be receiving medical attention for the injury. This provision, however, places an unduly heavy obligation on an injured policyholder and even threatens him with criminal penalties if he does not meet that obligation.

Rather than forcing injured people to wade through bureaucratic red tape before receiving medical treatment, why not hold the insurance companies accountable by having them routinely check the license status of medical facilities in Florida? After all, they are the ones who are complaining about this issue in the first place. To hold an injured policyholder accountable for the license status of a clinic at the time he is seeking treatment is irrational and irresponsible. To threaten an injured policyholder with criminal penalties under this provision, in my opinion, is downright absurd.

For more information on the 2012 PIP Reform bill, please see:

2012 PIP Reform Bill - How it Will Impact Accident Victims

Florida Legislature Passes PIP Reform Bill

Thu, 15 Mar 2012 08:00:00 EST

The laws in Florida regarding personal injury protection (PIP) coverage for auto insurance have changed once again. The 2012 PIP Reform Bill focuses on setting requirements and deadlines for receiving medical care after an auto accident as well as eliminating some benefits altogether. The bill’s stated purpose, for which Governor Rick Scott strongly lobbyed, is to cut down on insurance fraud.

Florida Legislature passed the first PIP law in 1972. Its purpose back then was to make sure that anyone injured in an auto accident would quickly receive money to treat injuries. The law requires auto insurance carriers to pay up to $10,000 to cover medical bills and lost wages after an accident no matter who is at fault.

Insurance companies have recently complained that PIP costs have risen by $1.4 billion since 2008, largely because of the rampant fraud that exploits the PIP system. Florida leads the nation in staged accidents, most notably in Miami and Tampa. The 2012 PIP Reform Bill is intended to address these issues.

The legislation requires an accident victim to obtain treatment within 14 days in an ambulance or hospital, or from a physician, osteopathic physician, chiropractic physician, or dentist. The full $10,000 PIP medical benefit is available only if a physician, osteopathic physician, dentist, or a supervised physician’s assistant or advanced registered nurse practitioner determines that the insured has an “emergency medical condition.” Otherwise, the PIP medical benefit is limited to $2,500. Follow-up care requires referral from a physician, osteopath, chiropractor, or dentist. Massage therapists and acupuncturists were eliminated as PIP providers.

“Floridians are in for a rude awakening,” Florida Consumer Action Network spokesman Bill Newton said. This sentiment was echoed by Florida State Sen. Miguel Diaz de la Portilla, R-Miami: “Instead of measures aimed at preventing true fraud, we’re left with a bill that pads the pockets of big insurance companies. The formula is controlled by the insurance companies.”

The bill is expected to go into effect on July 1 of this year.

For more information on the 2012 PIP reform bill, please see:

2012 PIP Reform Bill - How it Will Impact Accident Victims - Gainesville Accident Attorney Explains

No Passing Zones = NO PASSING! Putnam County Accident Kills Man, Leaves Baby and Mother in Serious Condition

Mon, 12 Mar 2012 08:00:00 EST

One man was killed and two others, including an eight-month-old baby, on February 7 in a two-car accident on State Road 20 in Putnam County. The cause of the head-on collision appears to be an illegal lane change.

Florida Highway Patrol reports that a 2008 Ford Ranger pickup truck was heading east on SR 20 at approximately 9:30 a.m. when the driver tried to pass another vehicle around State Road 21. The pickup truck collided head-on in the westbound lane of SR 20 with a 2000 Nissan Altima.

The driver of the Nissan was pronounced dead at the scene. The driver of the pickup truck and her eight-month-old passenger were seriously injured and transported to Shands at the University of Florida. The accident occurred in a no passing zone along the two lane road.

Improper passing on the road is a major problem in the state of Florida. Statistics show that Florida law enforcement officers write approximately 50,000 traffic tickets for improper passing every year. Florida statute 316.083 addresses an improper passing traffic violation and makes clear that no vehicle may pass any other vehicle in a no passing zone. Stretches of roadways are often designated as no passing zones because of the difficulty and danger involved in trying to make a pass.

To avoid such tragedy, remember your center line roadway markings:

• Broken center line = passing with care is permitted.
• Solid center line = passing is not permitted if the solid line is on your side of the roadway, or both sides.

For more information on this important topic, please see: Head-on Collisions Are One of the Most Dangerous Type of Crashes; Here is Why:

Accident Attorney Creates New Smartphone App for the Gainesville-Ocala Area

Fri, 02 Mar 2012 08:00:00 EST

The attorneys at the Law Office of Jeffrey Meldon have had decades of experience helping people with their personal injury cases, many of which have been the result of auto or motorcycle accident.

Unfortunately, it is common for a victim of such a crash to have a difficult time afterwards because the events and details of the accident were not accurately documented. It is with this problem in mind that the firm has created a new custom free App available for use on both iPhones and Androids.

The new Meldon Law Help! App is a useful tool that can allow you to document the particulars of an accident—all on your smartphone! With this free app you can use your phone to store and collect all of the relevant accident data in one simple, convenient accident form.

Additionally, the different features of the App are able to link to the GPS and dialing functions of your phone and utilize them to help you after you have been in accident. One such feature is the Meldon Law Help! quick-contact buttons. These buttons allow you to quickly and easily reach needed services.

With the ability to interact with your phones GPS system, it does not matter where the accident occurs—the App will be able to locate the services that you need. This feature is particularly invaluable if you are involved in an accident while traveling.

Lastly, you can use this custom app to email the entire accident form—with all of the interviews, pictures, and other information you have collected—to our office so that you can quickly and easily have your questions answered about any of the possible legal implications of the crash.

For more information on this exciting, custom, free, no obligation App, please see,

Features and Functions of the Meldon Law Help! App’s Auto Accident Help Center

To download your free App, simply click on the icon above or on this link for your free Meldon Law Help App

DUI Manslaughter Suspect Extradited To Ocala

Tue, 21 Feb 2012 08:00:00 EST

Last year, a two car accident in Weirsdale resulted in the death of one driver and serious injuries to the other driver and his passenger. Last week, that driver was extradited to Ocala from where he is currently living in Connecticut to face charges of DUI manslaughter, DUI with injury to another, and two counts of DUI with property damage. The judge set bail at $51,500 and warned the suspect that he is not allowed to operate a motor vehicle or drink alcohol while the case is pending.

According to the Florida Highway Patrol, the suspect was driving east in his 1992 pickup truck with his 16 year-old son on County Road 42 back in April 2011. When rounding a curve, the truck crossed the yellow center line into the opposite lane and then collided head on with a 1996 Jeep Cherokee. The driver of the Jeep was pronounced dead at the scene.

The suspect and his son were flown to Orlando Regional Medical Center for treatment. A sample of the suspect’s blood was taken at the hospital and sent to a lab for testing. The results showed traces of the drugs alprazolam and amphetamine in his system and, according to the FHP, marijuana was also detected.

For more information:

What Is DUI Extradition? Does It Apply In Florida? Gainesville, Florida, DUI Lawyer Helps Explain.

Summary of the DUI Conviction Penalties in Florida

Local Accident Attorney Finds AAA Driving Survey Results Alarming

Tue, 21 Feb 2012 08:00:00 EST

AAA conducted a traffic safety poll in June 2011, surveying 3,147 U.S. residents 16 and older about their driving knowledge, skills, and habits. From this poll, AAA officials have concluded that while drivers know what behaviors pose safety hazards, many of them are unwilling to change their deadly driving tendencies and even admit that they are part of the problem. The following is a list of the most common driving safety issues and how those who were polled felt about them. In addition, included with each topic, some educational facts.

Safety Belts: 86% of the polled drivers believe it is wrong to drive without buckling up, yet 23% admit that they had done so in the past 30 days. What are some myths surrounding the use of seatbelts?

Drowsy Driving: 96% of the polled drivers consider it unacceptable for a tired person to drive when he can hardly keep his eyes open, yet 32% admit to having done so during the past 30 days. I am planning a long road trip, what should I know about drowsy driving?

Speeding: 74% of the polled drivers consider driving 15 mph over the speed limit on a freeway to be unacceptable, yet 52% admit to having done so in the past 30 days. Furthermore, 94% of those drivers find it unacceptable to drive 15 mph over the speed limit on a residential street, yet 26% had done so in the past 30 days. Gainnesville, Florida, accident attorney talks about the high cost of speeding.

Red Light Running: 94% of the polled drivers believe it is unacceptable to drive through a red traffic light if they could have safely stopped, yet 37% had done so in the past 30 days. Red means STOP - no excuses. Gainesville accident attorney explains the risks of red light running.

Cell phone Use and Texting: 68% of the polled drivers claim to have talked on their cell phone while driving in the past thirty days and 31% claim they do so fairly often. Furthermore, 94% of these drivers consider texting while driving a serious threat, yet 35% admit to reading a text or email while driving during the past 30 days and 26% admit to sending a text while driving during that period. Driving Distractions 101 (Plus an additional heads up for Florida residents: Comparatice negligence)

Drinking and Driving: 76% of the polled drivers claim that people who drink and drive pose a serious threat to their personal safety and 97% consider drinking and driving unacceptable. More than 14% of these same drivers, however, admit to driving at least once in the past year when they thought their alcohol level was possibly over the legal limit. From this 14% of polled drivers, 21% admit to having done so in the past 30 days. Drunk driving can change your life forever.

As an experienced Gaineville and Ocala accident attorney, I find AAA’s data about the mindset and habits of U.S. drivers sobering and even a little shocking because it suggests that while drivers recognize the importance of safe and responsible driving, it is not important enough to be followed at all times or even on a regular basis. In other words, drivers are consciously and willingly choosing to make unsafe and illegal driving decisions even though they are aware of the possible tragic consequences that may befall upon themselves, their passengers, and anyone else on the road.

Recent Pedestrian Fatalities are a Disturbing but Not Surprising Trend.

Wed, 15 Feb 2012 08:00:00 EST

A Lake City man died after being struck by a car in northern Columbia County on January 22.

Florida Highway Patrol reports that the man was walking south on the east shoulder of U.S. 441 north of Interstate 10 at approximately 8:00 p.m. He was walking toward traffic and straddling on or around the white painted line of the shoulder. The driver of a 1999 Chevrolet Tracker was traveling north on U.S. 441 when she struck the pedestrian, who was pronounced dead at the scene. The driver, who is also from Lake City, claims that she never saw the pedestrian.

On January 24 at approximately 9:00 p.m., a man from Ocala walked into the middle of the I-75 freeway and was struck and killed by a car. The man is believed to have been a homeless vagabond.

Florida Highway Patrol reports that the pedestrian was walking south in the right travel lane on I-75 near the County Road 484 entrance (Mile Marker 340). He was not near or straddling the shoulder and was wearing dark jeans and a dark flannel shirt while carrying a backpack. A man driving a Chevrolet Malibu was also traveling south in the right lane when his car struck the pedestrian from behind and threw him onto the hood. The Malibu traveled another 180 feet before the pedestrian fell from the hood and onto the highway.

The driver explained at the scene that he was traveling from Atlanta to Florida on business. While he was driving, the pedestrian was suddenly “just there” standing in the middle of the freeway. The pedestrian was pronounced dead at the scene. Investigators still do not know why the man was walking on the highway.

Six months ago, FHP investigated another traffic death involving a pedestrian who was also killed on I-75 about a half mile away from where the current accident occurred.

The recent number of pedestrian traffic fatalities is a disturbing trend but it should not surprise us. The Federal Highway Administration (FHWA) reports that pedestrians killed while walking along the roadway account for almost 8% of all pedestrians killed in traffic accidents in Florida. FHWA claims that nearly 90% of these pedestrian tragedies are preventable by providing walkways that are separated from the travel lanes as opposed to shoulders, which are really just an extension of the road itself. It is also important to note that walking on the Interstate is illegal.

For more information, please see,

Why Ocala Accident Attorney Urges Widening of Shoulders For Pedestrian Roadway Safety

Local Accident Attorney Explains Possible Reasons for Yet another Pedestrian Death in the Area

Wed, 15 Feb 2012 08:00:00 EST

A Levy County man died on January 31 after stepping into oncoming traffic on U.S. 41 about a mile north of the Marion County border. The pedestrian was struck by a 2007 Pontiac G6.

According to the Florida Highway Patrol, the man was walking northbound on U.S. 41 at approximately 10:00 p.m. The Pontiac was also traveling northbound on the same road. Suddenly, the car immediately in front of the Pontiac swerved to the left to avoid hitting the pedestrian. The Pontiac also swerved to the left but by this time the pedestrian was near the center of the northbound lane when the right front of the Pontiac hit him.

The pedestrian was pronounced dead at the scene. Charges against the Pontiac driver are pending. It is unknown whether the driver of the car who avoided the pedestrian has been identified.

As a Gainesville and Ocala accident attorney, I know that pedestrian fatalities are nothing new to the state of Florida. Here are some chilling statistics:
1) 11% of all pedestrian fatalities in the country occur in Florida. Out of the top 10 U.S. cities listed as the most dangerous for pedestrians, four are located in Florida: Orlando, Tampa, Jacksonville, and Miami.
2) Since 2001, Florida has been one of the top three states for pedestrian fatalities every year. Last year, Florida ranked second behind California.

There are three primary contributing causes for these alarming statistics.

Population Growth: Florida’s population has drastically increased from 2.8 million in 1950 to 20 million today. In fact, Florida has developed faster than any other state in the nation according to the Center for Education and Research in Safety. To accommodate this growth, Florida created larger roadways with more lanes to allow for more care to travel efficiently within the state. These multi-lane roadways, however, are dangerous to pedestrians due to increased road traffic, cars traveling at a higher rate of speed on these open roads, and the pedestrian’s difficulty in negotiating the crossing of a road.

Tourism: Over 80 million tourists visited Florida last year. Tourists walk much of the time when they visit. While walking, visitors are often distracted by the tourist sights and are not paying attention their surroundings, such as road traffic. When tourists do drive, they are unfamiliar with the area and its roadways, making them more prone to be involved in an auto accident.

Climate: Because the weather in Florida is balmy year-round, people tend to spend more time outside and more time walking. After all, it is much easier to walk to the corner store when the temperature is 70 degrees as opposed to 35 degrees.

For more information on this important topic, please see:

Ocala Accident Attorney Urges Florida Roadways be Constructed with Pedestrian Safety in Mind.

What Every Walker in Florida should know to be Safe and Legal

Why Ocala Accident Attorney Urges Widening of Shoulders For Pedestrian Roadway Safety

Governor Requests Investigation Into I-75 Accidents

Mon, 06 Feb 2012 08:00:00 EST

The tragic string of accidents on I-75 by Paynes Prairie Preserve State Park on Sunday morning, January 29th, has received national attention. The spotlight continues to burn in the aftermath, as state officials attempt to determine what happened on that stretch of highway and what caused it. The light is so bright that Governor Rick Scott last week requested the Florida Department of Law Enforcement (FDLE) to investigate the events leading up to the accident. The investigation will focus on whether the Florida Highway Patrol (FHP) followed its own policies.

FHP has policies with protocols to follow for fog and smoke incidents that require major road closures. The first task is to get a forecast of the area. The National Weather service in Jacksonville issued a smoke advisory at midnight on Sunday for Alachua County because of the prairie fire that had started earlier. FHP shortly thereafter decided to shut down US 441 at the 9600 block and I-75 at Mile 376 north of Micanopy. FHP reopened I-75 approximately three hours later, reporting that visibility had improved on the roadway. Smoke and fog, however, quickly returned and covered the southern half of the prairie again.

A FHP spokesperson explained the reason for reopening the highway: “We had a three-hour window that we waited to evaluate the conditions on the road before we opened it up. Three hours is a long time. [W]e made a decision to open the roadway and approximately 45 minutes later, the collisions appeared.” He added that visibility was most likely good and then the drivers suddenly hit a wall of smoke and fog.

Whether any actions or measures will be taken as a result of what happened on Sunday morning will be based in large part on the FDLE’s findings in its investigation report. There is no estimated completion time for the investigation.

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

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.

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?

11 Deaths on Sunday's I-75 Tragedy

Wed, 01 Feb 2012 08:00:00 EST

Three days after one of the state’s worst traffic accidents in history, the number of people killed has reached 11. In the meantime, some of the victims’ identities have yet to be discovered because the charred remains from the accident are beyond recognition.

The accident occurred early Sunday morning on both the northbound and southbound sides of I-75 south of Gainesville across from Paynes Prairie Preserve State Park. The Florida Forest Service on Monday continued to investigate the cause of the 62-acre brush fire sparked on Paynes Prairie on Saturday afternoon, giving off smoke that impaired visibility on nearby highways and caused the string of collisions. Investigators have ruled out lightning and believe that burning is a possible starting point for the fire, meaning it was more than likely caused by a human act, either accidentally or intentionally.

Both I-75 and U.S. 441 had been closed before the crashes occurred because of visibility concerns and later reopened, though authorities did not immediately have a timeline. The accidents began to occur approximately one hour after the roadways were reopened at 3:00 a.m. due to improved visibility. But smoke and fog quickly descended over the southern half of the prairie again. Florida Highway Patrol troopers reported that they were tending to crashes while new ones were occurring.

The primary accidents began at 4:00 a.m. Crashes in the southbound lanes of I-75 involved six vehicles including two semis. Due to the poor visibility, one semi came to a stop in the right lane and the other semi in the middle lane. A car then hit the back of the semi in the right lane and a SUV hit the back of that car immediately after. Immediately following these two crashes, a Dodge truck slammed into the back of the semi in the middle lane and a car ran into the back of the Dodge. A massive post-crash fire destroyed all of the vehicles except for the semi cabs, which had been unhooked from the trailers. A total of three people died as a result of the southbound crashes. It appears that all three deceased were riding in the Dodge.

Accident details about the northbound crashes are still being investigated, though it is known that 10 vehicles were involved, including two semis. Although reports are incomplete, it would appear that eight people died as a result of the northbound crashes.

A total of 21 patients were transported to local hospitals for treatment, including 18 to Shands at the University of Florida and three to North Florida Regional Medical Center. A Gainesville Regional Transit System bus was brought to the scene to provide comfort for survivors who were stranded at the scene. “It was 36 degrees, and you had people traveling in shorts and T-shirts. They got an RTS bus out to give them a place to keep warm,” said sheriff's Lt. Steve Maynard. “This is the worst (string of crashes) I've seen in 16 years on the job.”

For more information:

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

Four Potential Parties for Liability in the Tragic I-75 Accidents

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.

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.

Two ATV Fatalities In One Weekend in Levy County

Wed, 18 Jan 2012 08:00:00 EST

Two separate ATV-related accidents occurred in Levy County recently leaving both drivers dead. The accidents, though unrelated, occurred within hours of each other.

In the first accident, two children were involved. On Saturday, Jan. 8 at 10:15 p.m at the Gulf Hammock Hunt Club, a 12 year-old girl was driving a Yamaha Rhino with her five year-old brother as a passenger. The sixth grader lost control of the ATV while she was driving on a limerock road. She was thrown from the ATV as it spun around. Eventually, the ATV flipped over and landed on her. The girl was pronounced dead at the scene. Her brother was taken to Shands with minor injuries. Neither one was wearing a seat belt or helmet.

The second accident involved a single 22 year old driver. A man from Bronson was driving a Yamaha ATV north on Northeast 115th Avenue in Levy County. At approximately 2:00 a.m. The ATV overturned and threw the driver when the left-front tire struck an embankment. The driver’s body was found later that morning near the intersection of Northeast 115th Avenue and Northeast 74th Lane with the ATV nearby.

For more information on this important topic, please see:

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

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

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.

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.

Driver Faces Charges For Hitting Horse and Rider

Fri, 13 Jan 2012 08:00:00 EST

A man was arrested on Sunday (13 November 2011) in Marion County for hit and run. This hit and run was anything but typical, as the man crashed his car into a horse and rider and then drove away. The Florida Highway Patrol reports that the hit and run occurred on NW 35th St. near NW 130th Ave. in Fellowship.

After being arrested, the driver explained that he had been driving westbound on NW 35th when he began having trouble changing gears. Consequently, he swerved and hit the horse, knocking the rider off. The driver failed a field sobriety test and later registered a blood alcohol level of nearly three times the legal amount permitted in Florida.

The rider of the horse and another witness told FHP that the car and driver were coming eastbound on the road when the car hit the horse. The horse did not get back up from the impact and the rider fell onto the car’s hood and rolled off.

The man suffered injuries that were treated at a hospital. The horse had to be euthanized. The horse was valued at $8,500. The driver has been charged with DUI with bodily injury, DUI with property damage, and leaving the scene of an accident with property damage.

For more information, please see:

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

Ocala Accident Attorney Explains Equistrian Laws and Rules for Riding on Roadways and Public Lands, and Laws for Motorists.

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

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

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:

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.

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!

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

Mon, 21 Nov 2011 08:00:00 EST

This past October marked the fifth time in United States history that our country celebrated National Teen Driver Safety Week. Held every year throughout the third week of October (October 16-22, 2011), National Teen Driver Safety Week seeks to bring to the forefront of people's minds the dangers that can be associated with driving, especially when a teen is behind the wheel this week and every week of the year!

This past October, National Teen Driver Safety week focused on supporting parents in teaching their teens to drive. Research has shown that adolescents are less likely to engage in potentially dangerous behavior while behind a wheel if their parents had previously set rules and monitored their driving in a helpful and supportive way.

This year especially, National Teen Driver Safety Week is heavily relaying the importance of NOT using one's cell-phone while driving. In today's electronically run world, adolescent drivers need to remember that there is only one thing that should be on their mind while driving: Getting from one place to another in a SAFE manner!

In an effort to keep teens safe, the National Highway Traffic Safety Administration developed a multi-faceted strategy. The steps include: increasing seat-belt use, implemented graduated driver licensing, reducing access to alcohol, and like previously mentioned, increasing parental responsibility.

For more information on this important topic, please see:

Vehicle crashes and young drivers - Ocala accident attorney gives information

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

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

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?

Newly Proposed Florida PIP Legislative Bill (Senate Bill 1930) Summary

Sat, 19 Nov 2011 08:00:00 EST

Over the past few months, there has been a push to reform the PIP auto insurance laws here in the state of Florida. On the surface, these provisions are meant to crack down on scam artists and offer tools to help law enforcement officers fight motor PIP fraud when they arrive at the scene of a scammed automobile accident.

Supporters of this legislative bill claim that Floridians should not have to pay even higher premiums simply because some scam artists try to take advantage of no-fault auto insurance coverage. They claim that this bill will revise Florida Motor Vehicle No-Fault Law to help eliminate fraudulent claims.

The bill requires responding law enforcement officers to list the names and addresses of all passengers involved in a crash using Florida's "Long Form" for all accidents in which a passenger complains of pain or discomfort. It also establishes a direct-support organization called the Fight Auto Fraud Fund. This organization will assist with the prevention, investigation, and prosecution of motor vehicle insurance fraud.

The bill also requires an insurance fraud notice for any medical care providers who knowingly submit fraudulent applications for clinics that treat auto crash victims. Disclosure of the patient log in readable language must be provided within 30 days of receiving a written request from the insurer.

The bill provides that any person who knowingly submits a false or misleading claim cannot receive any PIP payments. Finally, the bill provides more time for insurers to investigate suspicious claims and authorizes them to conduct on-site physical examination of the patient's treatment facility.

For more information, please see:

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

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!

Upcoming Time Shift Should Raise Concerns About Safe Driving During Twilight Hours

Wed, 02 Nov 2011 08:00:00 EST

As the year marches forward, the signs of fall have begun to show in north central Florida. Unlike in other regions of the United States, in Florida the new season does not signify the imminent arrival of the cold and frost of winter weather. However, on November 6^th there will be a seasonal event that is experienced everywhere in the United States-with the small exceptions of Hawaii and Arizona, of course. This event is Daylight Savings time.

This November 6^th clocks will be set back a hour. This, combined with the natural arrival of the winter season, will mean shorter days and darker evenings. While most people may only worry about forgetting to set their clock back and arriving at work an hour too soon, this November 7^th you should also be concerned about school bus safety.

Although this suggestion may seem out of place or surprising, in a recent article on school bus safety the Department of Motor Vehicles reminded motorists that once Eastern Daylight Time begins many students will be exiting their school buses after dark. Most drivers are already accustomed to the decreased visibility and heightened awareness needed when driving during night and twilight hours. However, with Eastern Daylight Time it can be easy to forget that you should also be on the lookout for school bus crossings and young pedestrians. Even if it is dark out, it is important to remember that it may only seem like a late hour, and that many children are still on their way home from school.

In addition to showing more caution and care while driving, parents should also make their children aware of the added risk in coming home during twilight or dark. Parents can remind children that when they are entering or exiting the bus, they should always wait for the bus to extend the Stop arm, look both ways before entering the street, and avoid running erratically to and from the bus.

For more information, please see:

The Basics of School Bus Safety for Both Drivers and Students

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

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

ATV Lawsuits Continue Against Yamaha - Gainesville Attorney Explains

Mon, 31 Oct 2011 08:00:00 EST

As of April 2011, Yamaha has quietly settled more than 100 lawsuits out of court regarding its popular ATV, the Rhino. There are still, however, several hundred existing lawsuits filed in state and federal court against Yamaha. Although the circumstances of each accident are different, the lawsuits all involve similar claims that due to a design defect, the Yamaha ATV is prone to tip or roll over, even when operated in a safe manner on flat surfaces. Plaintiffs further claim that the Rhino is an unstable, unreasonably dangerous vehicle and that Yamaha failed to take steps that could have made it safer.

Yamaha introduced the Rhino ATV in 2003. Shortly thereafter, a large number of rollover accidents involving the Rhino began to be reported. Yamaha warned Rhino owners in September 2006 about the potential risk of rollover accidents and provided information about what consumers should do if the ATV begins to tip over. The U.S. Consumer Product Safety Commission (CPSC) into the Rhino in 2009 after 50 deaths were linked to that particular ATV. The CPSC then pressured Yamaha to suspend sales of the Yamaha Rhino 450, 660, and 700 models to make safety improvements.

The Rhino is technically an utility terrain vehicle (UTV) that has many of the same features of a smaller recreational ATV, such as a powerful engine small turning radius. The design features of the Rhino, however, more closely resemble a traditional UTV, such as the passenger and driver seated side by side, a steering wheel, and seat belts.

If you are suffering from injuries caused by an ATV accident and are uncertain how to proceed with taking care of your damages and injuries, consider contacting the Law Office of Jeffrey Meldon at 800 373 8000. Mr. Meldon has in depth familiarity and experience with handling ATV accidents and can help advise you so that you receive proper medical treatment as well as compensation for your injuries.

For more information:

The Yamaha Rhino - It Really IS a Quite Surprising Vehicle Indeed

Florida Pedestrians at Greatest Risk in Nation.

Fri, 28 Oct 2011 08:00:00 EST

Four Florida metropolitan areas ranked as the most dangerous places to walk in the country. This according to a recent study "Dangerous by Design," conducted by the Surface Transportation Policy Partnership and Transportation by America. Nationwide, of the ten most dangerous metropolitan areas, Florida cities rank in the top four: Orlando-Kissimmee, Tampa-St. Petersburg-Clearwater, Miami-Fort Lauderdale-Pompano Beach, and Jacksonville, respectively.

Researchers used 10 years of pedestrian fatality data and census figures to make their calculations relative to the percentage of residents walking to work, a ranking scale termed the "Pedestrian Danger Index" or PDI.

The Orlando-Kissimmee region was first out of 52 in the rankings of most dangerous pedestrian regions, with an annual fatality rate of 3 per 100,000 people. In ranking 20 metro areas in Florida, Punta Gorda registered the highest PDI, and Gainesville the lowest, with 55.5.

Children, older adults, and racial and ethnic minorities suffered the highest pedestrian fatality rates, according to the report. The majority of pedestrian fatalities occurred along "arterial" roadways, streets engineered for speeding traffic with little or no provision for pedestrians.

For more information:

Transportation for America - Dangerous by Design 2011

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

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

Types of Recent Defective Hip Replacement Units

Mon, 17 Oct 2011 08:00:00 EST

Many types of hip replacement implants have been recalled due to defects. Below is a list of the more common brands that have been recalled for defective reasons.

Zimmer Duron: The company stopped selling its hip implant in 2008 after finding from doctors that the device was failing in many of their patients and thereby requiring a second hip implant surgery.
Sulzer Orthopedics: The company recalled 30,000 units of its Inter-Op Shell Hip Implant in December 2000. Due to a manufacturing error, a lubricant caused contamination that prevented the patient's bone from adhering to the implant, causing pain, discomfort, and numerous other complications for many patients. Many patients required a second hip replacement.
Stryker Trident: The company recalled in January 2008 two of its hip replacement products, the Trident Acetabular PSL Cup and the Trident Hemispherical Cup. Complaints included patient reports of the implant migrating or moving from its place, implant parts breaking, severe pain, discomfort, audible squeaking, and other issues.
DePuy Orthopaedics: The company recalled in August 2010 two of its own hip replacement products, the ASR XL Acetabular System and the ASR Hip Resurfacing System. Due to a design defect, patients who received these devices have suffered complications including fractures around the site of the implant, loosening or dislocation of the device, and metal debris from the devices that may spread into the bloodstream.

If you have a hip implant that was made by one of the above companies and have experienced difficulty with the implant, contact a medical malpractice attorney who can refer you to a doctor to care for your injury as well as advise you about being compensated for your injury.

For more information please see:

Local Med Mal Lawyer Explains Hip Replacement Complications and Lawsuits

Manufacturing vs. Design Defects - Gainesville Medical Malpractice Lawyer Explains the Difference

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

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

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!

Recent ATV Accidents with Serious Injuries - Educate Yourself and be Safe!

Wed, 05 Oct 2011 08:00:00 EST

Florida's weather lends itself to All-Terrain Vehicle (ATV) riding, especially this time of year.   Here is a brief news summary on three recent ATV accidents. Educate yourself and learn from the mistakes of others.

On September 11, 2011, a nine year old Gainesville girl driving an ATV was seriously injured when she collided with a Chevy Malibu on County Road 18.

The young girl was driving the ATV four-wheeler by herself on the shoulder of County Road 18 in the evening hours. According to the report prepared by the Florida Highway Patrol, she then drove the ATV off from the shoulder onto CR 18 heading east and into the path of the Malibu. The driver unsuccessfully attempted to avoid colliding with the ATV. The nine-year-old was thrown from the ATV upon impact, while the ATV itself was dragged by the Malibu another 100 feet. It is not known whether the young girl was wearing a helmet while driving the ATV at the time the accident occurred.

On September 17, 2011 a Sanibel woman was hospitalized in serious condition after she was pinned beneath the ATV she was driving in Dixie County.

According to reports from the Florida High Patrol, the woman was riding her ATV westbound on County Road 358 and had pulled over onto the north shoulder to allow westbound traffic to pass. The ATV turned on its right side when the woman attempted to make a sharp left turn onto Southwest 820th Street. When the ATV came to a stop on its roof, the woman was pinned underneath it. The woman was cited for careless driving and operating an ATV on a paved roadway.

On July 4, 2011, a traumatic South Beach ATV accident sent two victims struck by the ATV to the hospital with serious injuries, including traumatic brain injury, perforated heart, swollen spleen, and numerous broken bones.

According to reports, after drinking, an on-duty police officer allowed a woman passenger on the back of his police issued ATV and sped down the beach with no lights on just before dawn.
The police officer has since been fired and is facing two counts of reckless driving resulting in bodily injury and two counts of driving under the influence.

As a Gainesville accident attorney, I urge you to educate yourself - ATVs are inherently dangerous vehicles that can cause severe injury and death. Please see the following for information regarding ATV laws and safety:

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

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

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

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

Mon, 03 Oct 2011 08:00:00 EST

When driving with small children, safety is a priority. However, a recent scholarly study has shed light on a common problem that may be putting small children at risk.

The study, which was headed by Lilia Reyes MD, a clinical fellow in the pediatric emergency room at Yale, shows that children as young as 12 months may start to unbuckle and get out of their car seats. This is often done while the vehicle is in motion, and is a cause for concern because it increases their risk of being injured in an accident by 3.5 times.

Reyes was inspired to do the study after meeting two different mothers at the ER who were involved in car accidents when they were distracted by their children's escape from their car seat. The study showed that children between the ages of 1-3 were most likely to unbuckle, possibly because they were old enough to do so but too young to understand the danger.

In commenting on the study, Lorrie Walker of the advocacy group Safe Kids USA said that it was likely that the parents in the study were not properly using the car seats. According to the National Highway Traffic Safety Administration, as many as three out of four parents are using their car seats incorrectly.

Walker pointed out that if properly buckled and restrained, a child should not find it easy to unbuckle a harness or wiggle out of a restraint. In fact, Walker points out that federal regulation requires car seat buckles to need 9 to 14 pounds of pressure to release and oftentimes even adult have difficulty unbuckling the harness.

For more information, please see:

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

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

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

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

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.

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

Tue, 20 Sep 2011 08:00:00 EST

In June 2011, 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 Safe Driver's Act directs the U.S. Department of Transportation (DOT) to study the risks posed by the use of hand-held devices while driving and then to make recommendations for the U.S. Legislature.

Currently, the Act would ban texting at the wheel in addition to curbing the use of other hand-held mobile devices, including GPS units. The bill makes exceptions for emergency cell phone use, hands-free mobile devices, and voice-activated GPS.

Legislation would give states two years to comply with the law or face a 25 percent penalty reduction in funding. Currently, Florida has not banned texting or the use of hands-held mobile units while driving.

For more information:

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.

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

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

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.

Dangerous Dogs and their Owners Get a Second Chance After "Two-Bite Rule" Adopted in Alachua County Ordinance. Gainesville Dog Bite Lawyer Explains.

Wed, 31 Aug 2011 08:00:00 EST

Alachua County dogs that are declared dangerous get a second chance at life, rather than euthanasia, under the approved revision to the county's Animal Services ordinance.

The change stems from an appeal court ruling of a Broward County ordinance, which required dogs deemed dangerous, after a first bite or attack, to be euthanized after an appeals process. Alachua County's 2006 adoption of the ordinance, did not allow the owner an opportunity to take preventative measures, prior to euthanasia.

Under the August 2011 ordinance revision, a first offense in Alachua County will now require dogs that are declared dangerous to be confined or under the "physical control" of their owners. Owners of dangerous dogs must also purchase a defined amount of liability insurance, increased per incident. If the dog engages in dangerous behavior a second time, then it will be considered for euthanasia. The county retained the authority to euthanize dogs following a first incident if it resulted in serious injury to a person or a death.

Under the changes approved, there now will be a $400 registration fee and a $40 annual renewal cost for each dangerous dog.

For more information:

What could happen if my dog bites someone?

Are there anny ways to protect myself and my dog from being liable for an attack?

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

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

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

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

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

Tragedy Strikes: tire blow out causes fatal rollover crash on I-75

Thu, 14 Jul 2011 08:00:00 EST

A high-speed tire blow out on I-75, causing a rollover accident, resulted in one death and injuries to six passengers, ranging from serious to critical.

On July 10, 2011, the driver of a 2002 GMC Yukon lost control of the vehicle after a catastrophic tire blow out near the Williston Road exit on I-75. Five of the eight passengers were ejected.

According to the Florida Highway Patrol, several passengers failed to wear seatbelts, including a 63 year old woman who died at Shand's Hospital and 2 children ages 4 and 9 who were listed in critical condition.

The family from Norcross, Ga., was driving north when the truck's rear tire exploded, causing the vehicle to rollover multiple times, coming to rest upright in the outer emergency lane. The driver and a 13-year-old passenger received minor injuries. Four other passengers were listed in serious condition.

For more information:

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

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

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.

Appellate Court Upholds Florida Law Capping Medical Malpractice Awards

Sat, 02 Jul 2011 08:00:00 EST

On May 27, 2011, the 11th Circuit Court of Appeals in Atlanta, Georgia handed down a significant ruling regarding medical malpractice claims filed in Florida.

More specifically, the higher court held that a Florida law (Fla. Statute sec. 766.118), which places a monetary cap on certain medical malpractice damages a plaintiff may receive, is valid and constitutional.

The Florida Legislature passed the "cap" law in 2003. The law limits the amount of non-economic damages (such as pain and suffering) that may be awarded to a plaintiff at $500,000 per defendant, which may include doctors, hospitals, and medical practices. Economic damage awards, however (such as past and future lost wages and medical and rehab expenses), remain uncapped.

For more information on this important topic, please see:

What Does Capping in a Med Mal Case Mean? Gainesville Med Mal Lawyer Helps Explain

Caps On Medical Malpractec Awards Helpful? Ocala Medical Malpractice Lawyer Gives Opinion

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

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

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

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 to Monitor Truckers' Hours of Service

Thu, 30 Jun 2011 08:00:00 EST

By June 2015, all interstate commercial trucks and buses will be required to install and use Electronic Onboard Recorders (EOBRs) to monitor truckers' hours of service and speed.

In April, the Federal Motor Carrier Safety Administration (FMCSA) passed the rule to crack down on drowsy driving and speeding-major factors in recent trucking crashes.

Truckers will automatically upload data at state inspection stations. According to the Transportation Department, installation of EOBRs may cost trucking companies as much as $2,500 per vehicle plus the monthly cost of monitoring. However, electronic monitoring will save about $2,000 in paperwork and an additional $750 in safety benefits.

These regulations comply with orders of the U.S. District Court of Appeals of the District of Colombia, based on a litigation history of truckers violating federal driving limits.

For more information:

Federal Regulators Hold Truckers Accountable for Fatigue and Speed - Gainesville truck accident attorney explains

National Safety Commission - New Rules for Truckers

Truckers Call Electronic Monitor Plan Too Costly

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

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

It Is National Tire Safety Week

Thu, 09 Jun 2011 08:00:00 EST

It's National Tire Safety Week 2011-and it's time to check your tires.

The Rubber Manufacturer's Association (RMA) and National Highway Traffic Safety Administration (NHTSA) celebrate the tenth (10^th) annual National Tire Safety Week from June 5 to11, 2011.

The RMA urges all motorists to be "Tire Smart - Play Your PART." "PART" is an acronym for: "Pressure, Alignment, Rotation, and Tread," four essential tire care tips.

1. Pressure:Check air pressure for under-inflation, the leading cause of wear and failure;
2. Alignment:Wheel misalignment may cause uneven, rapid tread-wear;
3. Rotation: Rotate your tires on a regular basis for safer, more uniform wear; and
4. Tread: Thin tread can be dangerous, causing a tire to lose grip on the road, especially in Florida summer thundershowers.

For more information:

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

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

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

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

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

Thu, 02 Jun 2011 08:00:00 EST

Gainesville is set to install controversial red-light cameras by summer or fall of 2011 to catch red-light runners in the act, ticketing a car's owner $158.

The City Commission continues negotiations with Gatso USA, a Massachusetts-based company, responsible for installation of red-light cameras in Daytona Beach, Fla., and internationally in 60 countries.

Reportedly, Gatso USA charged Daytona approximately $4,600 per camera, plus the cost of monthly monitoring. However, Daytona reportedly anticipates earning about $1 million per year in revenue from the cameras.

Gainesville is scheduled to install cameras at a half-dozen crash-prone, congested intersections. During a three-year period, Gainesville's busiest intersection, Archer Road and 34^th Street, had 157 crashes.

Gainesville hopes to make intersections safer, cutting down on red-light running, which is often associated with drunk driving, fleeing the police, and poor intersection engineering.

Red-light cameras remain legal, since this Florida Legislature declined to repeal the 2010 law, authorizing their use. Be aware that no points will be assessed for a red-light camera violation.

For more information:

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

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

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

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

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

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.

Florida Senate Bill Passes to Keep Motorists to the Right

Mon, 23 May 2011 08:00:00 EST

The Florida Senate passed a Bill to keep motorists traveling on a multilane road or highway to the right, when being overtaken from behind. The bill intends to reduce the number of aggressive driving cases caused by motorists driving too slow in the left-hand lane.

On April 6, 2011, Senate Bill 244, also known as the Highway Safety Act, passed with 37 Yeas to 1 Nay and amends Florida Statutes §316.083, governing overtaking and passing a vehicle.

Specifically, the Act directs motorists traveling in the left-hand lane on a road, street, or highway with two or more lanes to move right when being overtaken and passed by a car from the rear that is traveling at a higher rate of speed.

A similar bill is under review by the Florida House, H.B. 177. To be effective in October 2011, the House would need to pass the Act, as well as receive Governor Rick Scott's signature.

For more information:

Florida: Keep to the Right - National Safety Commision Alert

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

Aggressive Driving - The Senate Raises the Bar? Gainesville accident attorney states his side of the road.

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

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.

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

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.

New Ally in Teen Driving Safety - Teens Themselves

Tue, 03 May 2011 08:00:00 EST

A recent study shows teens may be their own biggest ally in the campaign for stricter graduated driver licensing, also known as "GDL."

While teen crashes are reduced in recent years, teenaged driving remains a public safety threat, and teens want stricter learning limits too. Essentially, GDL includes: an extended learner's stage, more supervision, and less night time driving.

The Allstate Foundation's nationwide online poll of 1,383 teens, ages 15 to 18 years, in November 2010, showed teens are strongly in favor of stricter driving laws, regardless of age, race, ethnicity, and location. Key survey findings include:

GDL. About 74% of teens approved of GDL including, "a learner period starting at age 16, limits on late night driving and passenger limits for new drivers, prohibition of cell phones and texting, and 18 for a full, unrestricted license."
Nighttime restrictions. Approximately 78% want night time driving restrictions, starting on or about 9pm to 10pm.
Fewer passengers. About 69% of teens want a limit on the number of teen passengers-to none or only one.
A Ban on phones and texting. Overwhelmingly, 93% of teens want a texting ban, while 85% wanted a cell phone prohibition.

Motor vehicle accidents are the leading cause of death for U.S. teens, killing approximately 4,000 teens each year. Statistics show that teenagers crash four times as often as any other age group.

For more information:

Florida Teen Video Contest - Gainesville accident attorney urges teens to get active!

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

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

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.

Florida Teen Video Contest -Gainesville accident attorney urges teens to get active!

Tue, 12 Apr 2011 08:00:00 EST

Calling all creative teen activists-the deadline for the Northeast Florida safe driving teen video public service announcement (PSA) is April 19, 2011.

The winning PSA will target unsafe teen driving practices, like speeding, distracted driving, seatbelts, teen passengers, and texting. Grand prize winners receive $4,000 and an additional $4,000 toward their school's TV production equipment. Runner-up prizes are available for student creators and their schools, in the amounts of $2,000 and $1,000.

The teen PSA contest is sponsored by a partnership between Mothers Against Brain Injury, Inc., (MABII) and the Allstate Foundation. Both non-profits target the biggest threat to teens-their cars. Motor vehicle accidents, which are largely preventable, are the leading cause of death for U.S. teens, killing approximately 4,000 teens each year. A teen lucky enough to survive a crash may likely sustain Traumatic Brain Injury (TBI), a primary cause of all reported TBI cases (17.3%).

For more information, see the National Safety Commission, MABII, and the Allstate Foundation.

Also see:

Brainline.org - Preventing, treating and living with TBI

Why is a childhood TBI from a car accident so dangerous?

Gainesville crash attorney explains the costs of TBI

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

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.

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.

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, Leader of the Pack in Motorcycle Education

Tue, 01 Mar 2011 08:00:00 EST

The Sunshine State leads the pack in mandatory motorcycle basic training.

The National Safety Commission (NSC) congratulates Connecticut for requiring basic education for all new motorcyclists. Prior to 2011, only 16 and 17 year olds were required to complete a safety course. Now, all new Connecticut motorcyclists, regardless of age, must complete a mandatory skills course.

Florida passed a similar law in July 2008, requiring all new Florida motorcyclists, seeking a Florida motorcycle license to pass a basic, 15-hour training course. The course includes skills education on safety gear, law, turning, swerving, and more.

While the American Motorcycle Association (AMA) advocates for voluntary motorcycle education, as opposed to legislatively mandated training, it acknowledges the value of skills education in saving lives.

As a personal injury attorney in North Central Florida, I congratulate the Florida Legislature in requiring continued skills education for Florida bikers and leading the pack.

See the Florida Department of Motor Vehicle (FLDSMV) site, to sign up for a Florida safety motorcycle course, approved by the Motorcycle Safety Foundation (MSF).

For more information please see:

Florida Motorcycle Deaths Drop -Ride Safe Daytona Bike Weekers!

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%!

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.

Rear-view Cameras Proposed to be Standard by 2014

Fri, 07 Jan 2011 08:00:00 EST

The U.S. Department of Transportation (DOT) proposed automakers equip 100% of new vehicles with rear-view cameras by 2014.

The camera will eliminate blind zones, preventing back-over accidents involving pedestrians, a majority of whom are children and seniors.

The proposal is required by Congress as part of the Cameron Gulbransen Kids Transportation Safety Act of 2007. The Act is named for two-year-old Cameron, who was accidentally backed over by his father, a pediatrician, in the family driveway.

To meet requirements, automakers must equip 10% of new vehicles weighing up to 10,000 pounds with cameras by September 2012; 40% by September 2013; and 100% by September 2014. Blind-spot cameras must detect objects in an area of 20 feet behind and 5 feet to either side of the vehicle's center.

It's estimated these safety requirements will cost $1.9 billion to $2.7 billion.

For more information:

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

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!

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

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

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

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.

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?

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

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

Tue, 19 Oct 2010 08:00:00 EST

Leonard T. Myers, 16 years old of Alachua, caused a 15-car crash on I-75 when his vehicle hydroplaned during torrential downpour that dumped an inch of rain late September, 2010, according to Florida Highway Patrol (FHP).

The chain-reaction wreck, involving 26 people, occurred approximately half a mile north of the 39^th Street exit in Gainesville, Fla., in the northbound lane.

FHP reports there were no deaths associated with the crash. Three motorists, including Myers, received serious injuries, and 13 people received minor injuries.

Crash reports state Myers' 4-door 2008 Nissan hydroplaned, spun, and came to rest in the west emergency lane, blocking northbound traffic. Motorist, Kristin Lange, 23 of Lake City, stopped to help Myers, and her Toyota truck was struck by another vehicle.

Another 13 vehicles attempted to take evasive action on the wet, slippery interstate, slamming into the cars ahead. Traffic was blocked for about 6 hours. FHP reports charges against Myers are pending.

For more information:

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

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?

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

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

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.

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

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!

News: Statewide Decrease in Traffic Fatalities

Tue, 07 Sep 2010 08:00:00 EST

Traffic fatalities fell for the fourth consecutive year from 2008 to 2009-reaching historic lows in some areas.

The Florida Department of Highway Safety and Motor Vehicles statistics show that traffic fatalities decreased from 2008 to 2009, falling overall by 14% from 2,983 to 2,563 statewide.

Some of the most dramatic declines include motorcycle deaths and teen driving fatalities. Motorcycle deaths decreased by almost a quarter (24.5%), falling from 532 to 402, respectively. Fatal crashes involving teen drivers and occupants fell by 20.7%, from 193 to 153.

The State Mileage Death Rate reached a historic low, dropping to 1.30 deaths per 100 million vehicle miles traveled in 2009.

Other decreases include: alcohol related fatalities (14.1%); bicycle deaths (15.3%); and pedestrian fatalities (4%).

For more information:

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

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

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

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?

Fiery Rollover Crash, 1 dead, Caused by Tire Tread Separation

Mon, 23 Aug 2010 08:00:00 EST

A Miami-bound family of seven was involved in a deadly crash late July on I-75 after the SUV's right, read tire tread separated, causing the vehicle to rollover several times before catching fire.

The 42 year old driver of the Ford SUV, was ejected and pinned under the vehicle, according to the Florida Highway Patrol (FHP). The driver, who failed to use a safety belt, was pronounced dead upon arrival.

Four other family members, who also failed to wear safety belts, were thrown from the vehicle as it rolled over and received injuries ranging from minor to critical.

Two vehicle occupants, ages 73 and 74, were wearing seat belts and received only minor injuries.

The Miami family was travelling southbound on I-75 near Gainesville, Fla., after attending a funeral in Georgia.

The fiery wreck blocked all 6 lanes of traffic for several hours, leaving only the burned frame of the SUV in the median. FHP urges all motorists to check tire health and safety before travelling.

For more information:

Tire Failure Causes Fatal Rollover

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

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.

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.

Move Over - Its the Law!

Fri, 09 Jul 2010 08:00:00 EST

The National Safety Commission (NSC) released a safety alert last month reminding drivers of the Mover Over Act. In this alert, the NSC estimated that 71% of Americans have not heard of the Move Over Laws, resulting in deaths and serious injuries.

47 States have enacted some form of the Move Over Law, the Florida legislation passed the Act in 2002. Failure to comply with the law could result in a $149 penalty and 3 points on your license.

The Move Over Law was created to protect law enforcement officers and emergency responders from reckless or distracted drivers, keeping them safer while doing their job along the roadside.

What is this law? The NSC explains: If you approach an emergency vehicle stopped along the side of the road, you must vacate the lane and move over. If moving over is not an option or is not safe, then you must slow down 20 mph under the speed limit.

Emergency vehicles include: police, fire rescue vehicles, ambulances, and tow trucks.

The NSC also recommends that the same precautions be taken for vehicles broken down by the roadside with malfunctioning engines or tires.

For more information:

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

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

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.

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

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

Tue, 29 Jun 2010 08:00:00 EST

Five years of National Highway Traffic Safety Administration's (NHTSA) data was analyzed. A list of the country's top 100 deadliest interstates was compiled. Rankings were based on the total number of traffic fatalities along a given Interstate divided by the length of the roadway. Here is how Florida's Interstates rated:

Florida's I-95 topped the list (#1) with 1.73 fatal accidents per mile averaged over the 380 miles of in-state roadway.
Interstate 4 was listed as #3 of the deadliest roadways with 1.58 deaths per mile averaged along its 132 miles in Florida.
At #15, Florida's I-75 with an average of 1.14 fatal crashes over its 470 miles of Florida roadway.
#57 was Florida's I-10 which averaged .65 fatal accidents over its 362 miles of Florida interstate.

For more information:

7 Simple things to help make your holiday weekend safe.

5 Things to pay attention to for safe travels on the 4^th of July and every day on the road in Florida.

What can I do to help keep my teen driver safe this summer and over the 4th of July?

7 Simple things to help make your holiday weekend safe.

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.

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.

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.

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...

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.

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.

Nationwide Record Low Traffic Fatalities

Mon, 05 Apr 2010 08:00:00 EST

Nationwide highway fatalities for 2009 dropped to an all-time, 55-year low.

The National Highway Transportation and Safety Administration (NHTSA) reports record low traffic deaths since 1954, largely due to increased public safety campaigns.

NHTSA statistics show that highway fatalities dropped 8.9 percent in 2009 to 33,963 from 37,261 in 2008. The decline in deaths is attributed to many factors, including: seat belt and drunk driving campaigns, safer cars and roads, and less overall driving in the poor economy.

For more information please see:

Traffic Fatalities for 2009 Reach Record Low

Traffic Deaths Decrease; Distracted Driving Remains a Danger

Florida considers Ban on Texting While Driving

Traffic Deaths Decrease; Distracted Driving Remains a Danger

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

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!

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

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.

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

Heads up! Seat Belt Offenders Become FHP Target

Mon, 01 Mar 2010 08:00:00 EST

From now until March 14, Alachua County drivers can expect to dish out $104 for not wearing their seat belts.

Over the next two weeks, the Florida Highway Patrol, in an effort to increase seat belt use through its "Click it or Ticket" campaign, will actively be on the look out for the estimated 15 percent of Florida drivers who do not wear their seat belts.

Beginning in June of last year, not wearing your seatbelt became a primary offense, which allows law enforcement officers to make a stop based solely on not being buckled up properly.

Florida law requires those 18 and over to wear seat belts if they are riding in the front seat of a vehicle (minors must be properly restrained at all times).

For more information:

Seat belt use now a primary offense in Florida

Officers to crack down on seat belt use

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

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

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?

Walking + Distracting Gadgets Don't Mix

Fri, 05 Feb 2010 08:00:00 EST

With increasingly more gadgets and devices to keep people preoccupied, drivers also need to beware of those who are not in their cars: the distracted pedestrians.

In two studies done by Washington University in Bellingham, Wash., researchers watched a popular area of campus for "inattention blindness"- a person who sees what is in front of them but does not mentally register it. They studied 347 passer-bys noting whether they were talking on the phone, texting, listening to music, etc. And to determine their level of "distraction," researchers set up an unusual sight-a clown on a unicycle.

Not surprisingly, only 25 percent of cell phone users remembered seeing the clown. They were also more likely to have slower reactions and change directions. This shows how distracted pedestrians increase their chances of drifting off sidewalks, as well as, not seeing an oncoming car, person, bicycle or object.

According to one New York Times article , a little over 1,000 pedestrians went to the emergency room in 2008 because they were in an accident while using their cell phone. One woman said she was so "lost in conversation," she ran into a parked truck.

For more information:

Test your Awareness: Do the Test

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

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

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

New PIP Case Law in Florida

Wed, 20 Jan 2010 08:00:00 EST

Several Florida Appellate courts have recently upheld the auto insurance companies' tactic of cutting off or denying injured Florida citizens their Personal Injury Protection (PIP) benefits without ever being examined by an insurance doctor.

Since the inception of Florida's PIP law in 1972, insurance companies have had the right to conduct an independent medical examination, done by their own doctors. After a physical examination, the insurance doctor decides whether the policy holder requires medical care. If this doctor, hired by the insurance company, deems the policy holder has no further need of medical care, the insurance company can then deny benefits, despite the insured's treating physician's diagnosis and medical treatment plan.

Now, according to new case law, the insurance company's doctor can make this decision without ever meeting, talking with, or examining the insured. The courts have determined that an insurance company can cut off or deny benefits solely based on a doctor's review of medical records.

For more information:

Expereinced Personal Injury Attorneys may be able to Prove Insurance Fraud

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

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!

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

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!

Alachua Police Department and Three Motorists Found Negligent in a Fatal Crash

Wed, 28 Oct 2009 08:00:00 EST

On September 4, 2009, a jury found the Alachua Police Department and three motorists negligent in a crash that took place on I-75 at the US 441 exit on October 12, 2007.

Earlier on the morning of October 12, police had closed down a section of I-75 near exit 399 due to a fatal traffic accident and was directing traffic off the highway. Steve R. Bogue, an employee of the FL Transportation Inc., was driving a company's truck back from Georgia. He did not slow down or brake as he approached the road closure. His truck rear-ended another truck with such force that it, in turn, slammed into a commuter van with the employees of the Gainesville Veterans Affairs Medical Center. Bogue died from his injuries. Claudette, DeRosett, a passenger in the van received permanent bodily injury and traumatic brain injury from the crash, and sued Fl Transportation Inc., since Bogue was driving in his capacity as an employee of the company on the day of the accident.

Florida is a pure comparative negligence state, allowing the jury to assign blame to each person who was responsible for the accident. The attorney for FL Transportation Inc. argued before the jurors that they must consider many factors in deciding who was negligent: the decision to close the highway, the actions of the police department, whether there was advance warning of the detour given to the drivers, actions of other drivers, slow speed of the commuter van etc.

The jury found that the Alachua Police Department was 35% at fault, the driver of the commuter van was also 35% at fault, and Bogue and the driver of the second truck were each 15% negligent. Florida Transportation Inc. was not found negligent at all.

For more information, see:

Comparative Negligence - Do You Know What it Means For Floridians?

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

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!

National School Bus Safety Week

Thu, 22 Oct 2009 08:00:00 EST

Oct 19^th to 23^rd is National School Bus Safety Week. This year's theme is Avoid Harm, Obey the Stop Arm.

The purpose of this week, in part, is to remind drivers to drive cautiously around school buses, obey the law and stop when a bus's lights are on and its flag and arm goes out.

National studies have shown that school buses are one of the safest ways for students to travel to and from school. The most dangerous part of a school bus ride for a child is getting on and off the bus.

This is a week for all drivers to reminded of the importance of paying attention when driving around school buses and know the law for when they are required to stop!

For more information on this important topic:

What are the rules in Florida regarding stopping for a school bus?

Know the Law: Rules for Driving with School Buses in Florida

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

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

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

Micanopy Mother Charged with DUI Manslaughter of Two Children

Wed, 23 Sep 2009 08:00:00 EST

On September 1, 2009, a Micanopy mother, Tiffany A. Davis, 27, was charged with two counts of DUI Manslaughter, carrying up to 30 years in prison, for the death of her two children.

Killed in the March 1, 2009, head-on crash in Marion County were Davis' children, Owen, 3, and Hailey, 9. Davis' third child, Hunter, 9, was left paralyzed, resulting in child neglect charges from Davis' failure to properly use safety belt restraints.

Reports show Davis had cocaine, marijuana, and Oxycodone in her system at the time of the crash.

Previously charged with DUI, Davis asserts someone laced her drink, and the other driver, James D. Roberts, 31, of the United Kingdom, swerved into her lane.

Roberts was later issued a citation for failure to maintain a single lane.

In August, Davis filed a negligence action against Roberts for crossing into her lane. Roberts explains he swerved only after Davis crossed into his lane.

A warrant has been issued for Davis with bail set at $135,000.

For more information:
Reminder - DUI does not always equal a high BAC

Medical Mistakes - Is Voluntary Reporting Working in Florida?

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.

Reminder - DUI does not always equal a high BAC.

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

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

Serious injury and a fatality from two Summer go-kart accidents.

Tue, 22 Sep 2009 08:00:00 EST

Over the summer there were several motor vehicle accidents involving go-karts on public roads. Go-karts are not authorized by law to be driven on public roads; here is a brief news summary on two of these accidents.

On July 6, 2009, a teen was injured when a pick-up truck hit his go-kart on Dixie County Road 346 south of Old Town. Brandon Houtsma, the driver of the pick-up truck, hit the go-kart driven by Patrick Allen, 15, who failed to stop at an intersection. Allan suffered serious injuries from the accident and was taken to Shands at the University of Florida. Both Allan and the passenger of the go-kart, Seth Daily, 21, who was not injured, were wearing seatbelts, but not helmets. Houtsma and his passenger were not injured.

On August 23, 2009, a 13-year-old teenager, riding a go-kart on the streets of Miami, died when his go-kart was hit by an SUV. The teen had to be airlifted to the nearest hospital where he died from the severity of his injuries. The SUV driver will not be charged.

For more information, please see:

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

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

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

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

Van crashes into concrete wall with 11 unbuckled children on-board.

Thu, 17 Sep 2009 08:00:00 EST

On September 7, 2009, Amanda J. Nelson, 34, was driving a van carrying 11 children to a Little League game in Tampa, FL when she failed to pay attention to slow-moving traffic. She went off the road to avoid crashing into a car in front of her, causing her van to hit a concrete wall.

Nelson failed to buckle up the children, ages 3 to 15, and she herself was not wearing a seat belt. None of the children sustained serious injuries, but Nelson's own daughter, 7, was severely injured and transported in a critical condition to St. Joseph's Women's Hospital.

Nelson has prior seat belt violations. She was cited for a seat belt violation in 2000 and then again in February of 2006 for driving children without a car seat in the vehicle. In addition, her driver's license has been suspended six times, and she has also been cited for knowingly driving with a suspended license and for speeding.

Police is currently investigating the accident. Charges against Nelson have not yet been brought.

For more information, please see:

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

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

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

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!

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

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

Texting While Driving May Soon Be Illegal in Florida

Thu, 03 Sep 2009 08:00:00 EST

For several years, bills against text messaging while driving have faltered in the Florida Legislature. This year, another bill has been filed again by Sen. Frederica Wilson and Rep. Doug Holder. If the bill is passed, it will make texting while driving illegal and those drivers who text would have to pay a penalty in the amount of $30.

A new study by the Virginia Tech Transportation Institute shows that those who text at the wheel are 23 times more likely to cause an accident than those who do not text. Those few seconds that a driver spends looking at a cell phone may change the driver's and other people's lives forever. A texting driver may not see another vehicle or a pedestrian, may cross into the opposite direction lane, or may go off the road. Rep. Holder hopes that the study and the increased awareness about the dangers of texting while driving will help the legislators to make the right choice and vote for the bill.

Currently, there are 14 states banning texting while operating a motor vehicle. Numerous fatal accidents caused by texters at the wheel have facilitated the passage of laws. Recently, three more states, Illinois, Oregon, and New Hampshire, adopted texting bans that will take effect on January 1, 2010.

For more information, please 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

Texting While Driving... It Should Be Illegal in Florida

The Toughest Law Against Texting While Driving Took Effect in Utah

Thu, 03 Sep 2009 08:00:00 EST

The toughest texting law in the country took effect on July 1, 2009. In Utah, a person, who was distracted by texting, can be imprisoned for up to 15 years, if the texting distraction caused a crash in which someone was injured or killed.

The law is a result of an accident that occurred on September 22, 2006 in Utah. Reggie Shaw, 19, was texting his girlfriend when his SUV crossed over into the other lane and hit a car carrying James Furaro and Keith O'Dell, two rocket scientists. Their car spun out of control and was struck by another pickup truck hauling a trailer. Both scientists were instantly killed.

At first, the investigating officer Bart Rindlisbacher could not identify the cause of the crash, since Shaw denied doing anything out of the ordinary. However, based on a witness's statement that Shaw's car was swerving on the road before the accident and Shaw texting immediately after the crash, a subpoena for Shaw's phone records was issued. The records showed that Shaw had sent 11 text messages in 30 minutes before the crash - the last message was sent at 6.47am, which was a minute before Shaw called 911.

The investigators could not charge Shaw with negligent homicide, since they had to show that he knew or should have known of the dangers of texting on the road. But after Terryl Warner, a victims' advocate, argued that the dangers were broadly known to the public, Shaw was charged with negligent homicide. After facing the two victims' families in court in November of 2008, Shaw decided to plead guilty. He was given a 30-day sentence in jail and 200 hours of community service. In February of 2009, Shaw appeared before the Utah Legislature and after his sincere testimony about his experience and the real dangers of texting while driving, the anti-texting law was passed in Utah.

Because of this tragedy, currently, in Utah the penalty for texting behind the wheel is up to 3 months in jail and a $750 fine. If the violation causes injury or death, a texter faces a felony charge that carries up to 15 years in jail and a $10,000 fine.

For more information, please 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
Texting While Driving... It Should Be Illegal in Florida

Texting While Driving May Soon Be Illegal in Florida

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

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?

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

"Move Over, Florida! It's the Law"

Tue, 25 Aug 2009 08:00:00 EST

From August 21 until September 7, 2009, the Florida Highway Patrol will hold a special safety campaign against those failing to move over whenever an emergency vehicle on the side of the road has its lights on. Campaign Move Over, Florida! It's the Law is held to remind drivers about the law: whenever an emergency vehicle has its lights on, on the side of the road, drivers must move over one lane away from the emergency vehicle or, if moving is not possible, they must slow down to 20 mph below the posted speed limit in the area. The amount of penalty for failing to move over or slow down is nearly $150.

When the lights are on, law enforcement officers and other emergency personnel already have to deal with an accident or problem on the road. Having numerous vehicles pass them at high speeds can be very distracting for fire department or medical personnel who may have to deal with serious accidents and victims with severe injuries. It can also create other accidents on the road: more than 150 law enforcement officers have been killed by passing drivers on the highways nationwide in the last decade.

Stay safe and keep the road a safer place. Move over, Florida!

For more information

I heard that I have to move over or slow down for a tow-truck on the side of the road with its lights flashing. Is it true?

Several Pedestrian Fatalities in and near Ocala this Summer.

Mon, 24 Aug 2009 08:00:00 EST

Several fatal pedestrian accidents occurred in and near Ocala this summer; here is a summary of them.

On August 18, 2009, Joe Rozier, 19, was driving a Nissan Frontier, heading north on U.S. 441, when he struck an unidentified pedestrian who had tried to cross the road. The pedestrian was thrown into the grassy median and died at the scene. Before attempting to cross the road, the pedestrian was walking in the outside lane by the grassy shoulder. Rozier was actually driving in the inside lane and said he was blinded by a glare when he hit the pedestrian.

On July 23, 2009, a pedestrian Teofilo Morales, 60, was struck by a driver whose name has not been released. The accident occurred on NE 36^th Avenue in Ocala. Morales was airlifted to Shands at the University of Florida where he later died from his severe injuries.

On July 4, 2009, a pedestrian Bryan Quinn, 22, was killed when a van driven by an officer of the Florida Department of Corrections hit him on U.S. 1 near Church Road in Nassau County. Quinn stepped in front of the van, and it is not known whether he did not see the van or was negligent in some way. Two officers in the van and the inmate they transported were not harmed. No charges will be filed against the corrections officer who was at the wheel.

For more information: Several Recent Fatal Pedestrian Accidents in Ocala Raise Concern About Pedestrian Safety; Here is Why:

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

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!

A deadly summer for bikers in Gainesville and Ocala

Tue, 18 Aug 2009 08:00:00 EST

Several deadly motorcycle accidents have occured in Gainesville and Ocala in the last few months.

On June 30, 2009, a motorcyclist was speeding, hit a tree and was thrown out of his motorcycle in a residential neighborhood in Ocala. His motorcycle hit the concrete wall and his body was thrown into a door of a building at a Country Club of Ocala. The thirty-year-old was taken to Munroe Regional Medical Center where he died from his injuries. He was not wearing a helmet at the time of the accident.

Another motorcyclist was killed on July 5, 2009 on SR 40, three miles east of SR 41. A driver of Hyundai Accent, Victor Nevola, was driving under the influence of alcohol. He violated the right of way and made an improper turn in front of a motorcycle. As a result of the impact with the car, a motorcyclist, 49-year-old Thomas Akridge, and his passenger, Wendy Coulter-Braden, 51, were thrown out of the vehicle. The driver suffered minor injuries, while the motorcyclist died and his passenger was critically injured, flown by a helicopter to Shands at the University of Florida. Neither of them was wearing a helmet. Nevola, the driver of Hyundai Accent was arrested at the scene of the accident and charged with DUI manslaughter, DUI property damage, DUI with serious bodily injury, and making an improper turn.

Just several days ago, on August 11, 2009, a car and a motorcycle crashed head-on in Ocala on U.S. 27/441 because the driver of the car, Kimberly Sasser, was going the wrong way. As a result of the collision, the motorcycle caught on fire and the motorcyclist, Charles Linzmeyer, who was not wearing a helmet; died at the scene. It is not yet clear whether the driver and her 6-year-old passenger were wearing the seatbelts. The driver was seriously injured and was taken to Shands, and the child suffered minor injuries.

For more information, please see:

Helmet Use Might Save Your Life

Helmet Use Might Save Your Life

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!

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!

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.

Roll-0ver Accident on I-75 kills two and critically injures 2 others.

Wed, 05 Aug 2009 08:00:00 EST

An accident on I-75 yesterday killed a woman from New York and her 4 year old son and critically injured the driver and another passenger when the SUV they were traveling in hit the guardrail and rolled over in Columbia County.

The cause of the crash is still under investigation; however, what is known is that the family was returning home after vacationing in Bushnell when the accident occurred early Tuesday morning. According to the Florida Highway Patrol, the SUV strayed off the road and into the inside emergency lane, causing the driver to swerve back on the road and in doing so lost control of the vehicle and went back off the road again, hit the guardrail and then began rolling over on the Interstate, causing the roof to severely crush down.

It is speculated that fatigue may have been a factor in this deadly crash that backed up traffic for nearly two hours.

All occupants of the SUV were wearing seatbelts at the time of the crash.

For More Information:
N.Y. woman, 4-year old son killed in I-75 wreck

Deadly SUV roll-over accident - could it have been prevented?

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.

Choosing Your Doctor....Tips-Part One

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.

Tragedy in Alachua and a Reminder To Us All.

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

Vehicle vs. wildlife - reminders for all of us.

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.

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

Wi-Fi Offered in Cars....?

Sat, 25 Jul 2009 08:00:00 EST

General Motors, in an effort to bring the information age from the superhighway to the actual highway, is now offering a specially designed Wi-Fi service in their centerpiece Cadillac CTS sports sedan.

Using cellular phone signals, the system uses cell towers to channel the internet access to the vehicle, creating a hotspot similar to visiting the local Starbucks or Panera Bread, right from the car.

The service is a completely aftermarket offer from Cadillac, not to be installed during manufacture, and costs $499 in addition to a monthly charge that can reach $59 with excessive usage.

Other car companies, such as Ford and Chrysler are also offering aftermarket systems that contain Wi-Fi for their vehicles, acting as both texting and phone devices as well as routers for internet access.

For more information on Wi-Fi availability in vehicles

For more information on this topic:

Couldn't technology be put to better use than making our roadways less safe?

Couldn't technology be put to better use than making our roadways less safe?

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?

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.

Attorney Tom Copeland received an appellate court decision..... Congrats, Tom and Bernie!

Thu, 16 Jul 2009 08:00:00 EST

Attorney Tom L. Copeland and former Jeffrey Meldon & Associates attorney Bernard O'Donnell successfully defended their earlier victory in the case of a client whose driver's license was suspended by the Fl. Dept of Motor Vehicles following a citation for a civil offense commonly referred to as an ".02 violation".

At the DMV hearing, attorney Tom Copeland argued that the State did not prove that the police officer had legal authority to issue a citation because he was outside his jurisdiction.

The DMV ruled against our client but the decision was reversed by the Circuit Court appeal panel.

On July 01, 2009, the First District Court of Appeals in Tallahassee upheld the Circuit Court ruling in our client's favor by denying the Department's request for further appeal.

For more information on this topic, visit Tom's bio and look under, his "Highlights of My Career".

(Congratulations, Tom and Bernie!)

Take the time to remind your teens to buckle up.

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

Attorney, Jeffrey Meldon accepted to the Million Dollar Advocates Forum!

Mon, 13 Jul 2009 08:00:00 EST

The Law Office of Jeffrey Meldon and Associates is proud to announce that attorney, Jeffrey Meldon was recently accepted as a member of the prestigious Million Dollar Advocates Forum.

The Million Dollar Advocates Forum is recognized as one of the most prestigious groups of trial lawyers in the United States. Membership is limited to attorneys who have won million dollar verdicts, awards and settlements for their clients.

The organization was founded in 1993 and there are approximately 3,000 members located throughout the country.

Fewer than 1% of U.S. lawyers are members.

Forum membership acknowledges excellence in advocacy (client representation), and provides members with a national network of experienced colleagues for professional referral and information exchange in major cases.

Mr. Meldon is a graduate of Case-Western Reserve University Law School. He represents people seriously injured in car, truck and other accidents.

Congratulations, Mr Meldon!

For more information:

On the Million Dollar Advocates Forum,

On Jeffrey Meldon

Drunk Driving Can Change Your Life Forever

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

National Safety Commission issues alert for managing blind spots.

Mon, 06 Jul 2009 08:00:00 EST

The National Safety Commission recently issued an alert for drivers to check all directions before changing lanes. Due to blind spots on vehicles, sideswipe collisions occur frequently. The NSA reports that 826,000 vehicles are involved in these lane-changing accidents every year.

Blind spots can also affect the area behind your car, leading to backing up over something or someone. Kids and Cars, a nonprofit organization, believes blinds spots behind cars is a serious problem, evidenced by the average of two children every week that are struck by cars backing up.

For more information on safety measures you can take to avoid sideswiping another vehicle while driving or backing over something or someone due to blind spots to the side and rear of your vehicle, please see, Tips For Drivers on How to Manage Blind Spots. or visit the National Safety Commission's alert page on this topic.

Marion County has yet another serious car accident, this one with a fatality.

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.

Teens injured in a single - vehicle crash in Levy County

Wed, 01 Jul 2009 08:00:00 EST

On June 7, four local teens, ages 16-18, were seriously injured in a crash on a Levy County Road, when the driver of a 2000 Ford Ranger pick-up truck, attempting to avoid a ditch in the road, steered to the side and lost control of the truck. The vehicle overturned several times before landing on the passenger side.

The driver and the three passengers were not wearing the seatbelts. Two of them were ejected from the vehicle. While all four teens were hospitalized at Shands of the University of Florida, one of the teens had to be airlifted to the hospital due to the severity of the injuries.

The investigation is ongoing, however, Florida Highway Patrol Officer, Lt. Patrick Riordan commented, "There is a definite correlation between wearing seatbelts and injuries that are sustained when a vehicle rolls, and there is clear and convincing evidence that when seatbelts are not worn, injuries will be worse."

For more information:

More unbuckled teens injured in on rural roads.

4 Levy Teens Injured in Crash

More unbuckled teens injured in on rural roads.

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!

One dead, two injured in Belleview accident.

Mon, 29 Jun 2009 08:00:00 EST

Two people were injured and one person was killed Wednesday, June 17^th, in a head-on collision near Belleview. According to bystanders, a Dodge van driven by Randy Dodge, 44, veered into the path of a GMC box van carrying Thomas and Carmen Martinez.

The Martinezes, who were both wearing safety belts at the time of the crash, survived the accident and were transported to Shands Hospital in Gainesville for medical treatment. Dodge, who was not wearing a safety belt, was found dead at the scene.

The crash occurred on County Road 25 in Marion County. The accident was severe enough to flip the box truck onto the side of the highway, while the van was pushed to the other side of the highway. The Dodge van was so badly mangled that Marion County Fire Rescue workers were forced to cut into the vehicle to remove the body of Randy Dodge, who was killed in the crash.

The crash marked the 35th automobile fatality of the year in Marion County.

For more information:

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

Reminder: Buckle up or you will get ticketed.

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

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.

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

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!

Newberry Resident Seriously Injured in Accident

Wed, 17 Jun 2009 08:00:00 EST

Newberry resident Karen E Trotter, 46, was seriously injured in a car accident Monday, June 8^th, after striking a light pole. The crash occurred on State Road 26 in Gilchrist County about five miles east of Trenton.

According to the Gainesville Sun's Article, Florida Highway Patrol (FHP) officers say that the accident was caused by Trotter. Trotter, who was driving a GMC Blazer, lost control of her vehicle after striking the rear end of a car driven by William K. Coates of Trenton.

Apparently, when Coates slowed to turn onto Southeast 70th Avenue, Trotter didn't slow down and her Blazer hit Coates' car. At this point, Trotter lost control of the Blazer and the car veered onto the road's shoulder where it struck a light pole.

Coates was not hurt by the accident, however, Trotter was seriously injured. FHP Officers were unsure whether Trotter was wearing a seatbelt.

Heads up - Give Yourself Some Time and Space.

Aggressive Driving Special Patrol Alert

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.

wil

Heads Up: Give Yourself Some Time and Space!

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.

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

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

Unbuckled-Columbia County woman dies, luckily four teenaged passengers survive crash

Mon, 15 Jun 2009 08:00:00 EST

A Columbia County woman, June Telles Walker, 67, died in a crash late last month, however, luckily the four teenaged passengers - all of whom failed to wear their seatbelts at the time of the crash, survived.

According to the Gainesville Sun's article, Walker's car spun out of control, propelling the Honda Civic end over end before coming to rest on its roof. Walker was pronounced dead after being partially ejected from the vehicle.

Miraculously, the four teenagers, ranging in age from 11 to 17 years, survived the terrible accident and were taken to an area hospital as a precaution.

For More Information:

Teens, Buckle Up.... Its The Law!

Teens - Buckle up... Its the Law

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

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

Motorcycle Crash Claims Live Oak Life

Tue, 09 Jun 2009 08:00:00 EST

A motorcycle overturned on a Suwannee County road in early June 2009, throwing Live Oak woman, Stacey L. Holcomb, 40, to her death.

According to the FHP, Holcomb, a passenger on a motorcycle driven by Live Oak resident, Dennis E. Dewald, 47, was ejected when the motorcycle veered onto the east shoulder of CR 49. While the cause of the crash is unknown, it is certain that neither Holcomb nor Dewald were wearing helmets at the time the motorcycle lost control.

Shortly after the crash, the victims were flown to Shand's Hospital, where Holcomb was pronounced brain dead. Dewald was reportedly being treated for critical injuries. According to reports, criminal charges are still pending.

While it is legal for a driver 21 and older to "ride free" without a helmet, Florida law instead requires the motorcyclist carry Medical Payment insurance. For more information on this please see, can I "ride free" in Florida.

It is critical to note that Holcomb and Dewald's accident occurred at 4:00 pm. According to National Safety Commission statistics, approximately 22.5% of all motorcycle deaths occur between the hours of 3:00 pm and 6:00 pm-making the late afternoon commute the deadliest driving time for motorcyclists.

For more information:
Ride Safe This Summer
Hot Tips for Motorcyclists - Ride Safe This Summer
A Motorists Guide to Motorcycles - Share the Road

The Controversy over Chinese Drywall

Tue, 09 Jun 2009 08:00:00 EST

Complaints about Chinese drywall in homes have become one of the hottest topics today. In Florida alone, according to CNN, there have been over 140 complaints of health problems and electronic malfunctions in homes containing Chinese drywall.

According to Broward/Palm Beach News, over 100,000 homes nationwide contain Chinese drywall, used by builders during the building-boom of 2005. The drywall is known to contain high levels of sulfur that US-made drywall does not. This sulfur is thought to lead to corrosive gas emissions which corrode electric devices throughout the house and cause health issues in residents such as sore throats, sinus infections, and other respiratory problems.

Lawsuits have begun to be filed over the Chinese drywall against builders such as Lennar Homes in Florida and manufacturers of the drywall itself.

For more information:
Some Facts and Information about Chinese Drywall
How Do I know if Chinese Drywall is in my home?
What do I do if Chinese Drywall is in my home?

Danger in the Walls?

Danger in the Walls?

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

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!

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!

Motorcycle Crash Kills Micanopy Man

Tue, 02 Jun 2009 08:00:00 EST

Mark Wiggins, a 42-year old Micanopy resident, was killed when his motorcycle collided with 36-year-old Lisa Mason's Suzuki on Saturday, May, 17, in Palatka. Mason suffered only minor injuries from the accident.

The Florida Highway Patrol is investigating if the drivers were impaired by alcohol.

For more information:

http://www.gainesville.com/article/20090517/ARTICLES/905179938/1002?Title=Micanopy-man-killed-in-motorcycle-crash

Alcohol and Motorcycles Don't Mix

Alcohol and Motorcycles Don't Mix

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

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

Fatal Single-Car Crash; No safety Belt & On a Rural Road After Dark.

Mon, 01 Jun 2009 08:00:00 EST

A single-vehicle crash in Putnam County left one man dead on May 28, 2009, after his pick-up truck deviated from the road for unknown reasons.

Authorities do, however, know that the driver failed to wear his seatbelt.

The Interlachen resident, Donald C. Holland, 61, was driving around 9 pm on S.R. 100 when his pick-up truck failed to curve left with the road, spun out of control, and hit a tree and a utility pole, according to the Gainesville Sun.

Pick-up Drivers: Be Safe and Buckle up!

Pick-up Drivers: Be Safe and Buckle up!

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

Bicyclist, 6, Survives FedEx Tractor Trailor Crash

Sat, 30 May 2009 08:00:00 EST

A FedEx tractor trailor crashed into a 6-year old bicyclist, dragging and mangling the boy's bike for a half mile. Miraculously, the child survived, receiving non-life threatening injuries.

The 6-year-old Kimball Wiles Elementary student, Lemarcus Rayford, was riding his bike on the sidewalk, approaching Tower Square on Tower Road in Gainesville, Fla. on May 26, 2009. According to the Gainesville Sun, the child was hit at a stop-sign intersection as the truck made at right-hand turn.

Extraordinarily, the boy dodged the trailer's 18 tires and received minor head injuries as the truck passed over him. Immediately after impact, the child walked unassisted to Tower Square shopping plaza where onlookers called EMS.

The semi dragged the bicycle for a half mile until a nearby Florida Highway Patrol trooper stopped the truck. The FedEx driver, Erick Hague, of Marion County, was apparently unaware of his impact with the bicyclist.

Initial reports state that the child was not wearing a helmet at the time of the crash and was operating a bicycle without brakes. As seen in Gainesville Sun photos, it was likely raining at the time of the crash.

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

Gainesville Sun article

Gainesville Sun Video Recount of Accident (and article)

Gainesville Sun Accident Photo Gallery

Semi's and Bicycles generally a deadly combination... Know the laws and teach bicycle safety to your children!

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 Driver Surrenders on charges of Vehicular homicide-one child dead

Fri, 29 May 2009 08:00:00 EST

Nicole Marie Sallas, 25, surrendered herself to police in late May 2009 after the State Attorney issued a warrant for her arrest on charges of vehicular homicide, stemming from a fatal crash that occurred on January 10, 2009.

Killed in the single-vehicle crash in Suwannee County was 11-year old Alyssa Jones, a 5^th grade student at Branford Elementary School. The Suwannee Democrat reported that Sallas' Pontiac SUV overturned, ejecting Jones, before crashing into a nearby tree.

Jones, a reportedly unrestrained front-seat passenger, was tragically pronounced dead on arrival.

Two other children, one 2 years old and the other an infant, were improperly restrained but luckily survived the crash with minor injuries.

Sallas, who also reportedly failed to wear her safety belt, was treated for minor injuries and is currently being held on $10,000 bond.

O-Brian Woman Charged with Vehicular Homicide - justified or ever-zealous?

Vehicular Homicide-what is it and what needs to be proven

Vehicular Homicide Illustrated

O'Brien woman charged with Vehicular Homicide-justified or over-zealous?

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.

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

Seat Belt Use Now A Primary Offense in Florida

Tue, 26 May 2009 08:00:00 EST

Starting on June 30th, Florida drivers can be pulled over by police for not buckling up. Signed on May 6th by Governor Crist, Florida is now the 28th state to have primary offense safety belt laws. Previously, drivers could be only ticketed for not wearing their seat belts if they were pulled over for another offense, such as speeding. The new law allows police officers to stop vehicles whose drivers appear to be neglecting the use of their safety belts. The ticket for this nonmoving violation will remain at $30.

The law, known as the Dori Slosberg and Katie Marchetti Law, named after two girls who died in separate car crashes while not wearing their seatbelts, makes the state eligible for $35 million in soon-to-expire federal grants.

Research has shown that drivers are 13 percent more likely to buckle up if they can be pulled over for not wearing their safety belts. Crist and co-sponsor Rep. Rich Glorioso, R- Plant City, said it was "common sense" to enforce seat belt laws.

"This bill will save lives," Crist said. "That's what is important."

http://news.prnewswire.com/DisplayReleaseContent.aspx?ACCT=104&STORY=/www/story/05-06-2009/0005020812&EDATE=

http://www.meldonlaw.com/blog/great-news-seat-belt-use-now-a-primary-offense-in-florida-also-a-heads-up.cfm

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

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

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

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!

Vehicular Manslaughter Charge After a Fatal Crash

Tue, 12 May 2009 08:00:00 EST

At 1 p.m. on December 2, 2008, a fatal crash occurred at the intersection of the University Avenue and NW 17^th Street in Gainesville, FL. Monica Renee Toliver rear-ended a truck and veered off the road onto a sidewalk, hitting Michael VanWagner, a 22-year-old University of Florida student. VanWagner was riding a motorized scooter. He was not wearing a helmet and later died from severe head injuries that resulted from this crash.

VanWagner received a posthumous degree in history from the University of Florida this May.

The investigators attribute the fatal crash to Toliver's reckless driving and to her not stopping after hitting a truck. Her blood test results indicated that she was not under the influence of alcohol or drugs. Toliver was charged with vehicular manslaughter. Because she failed to render aid to VanWagner, her charge was increased to a second-degree felony.

For more information, please see:
http://www.nationalsafetycommission.com/....o-vehicular.php
http://www.meldonlaw.com/blog/it-is-time-for-our-legistature-to-rethink-the-helmet-law-for-floirda.cfm
http://www.meldonlaw.com/library/vehicular-homicide-charge-in-florida-meaning.cfm

Beware: Deer Do Not Carry Insurance!

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.

Increased Health Risks in Heavy Traffic Conditions

Wed, 06 May 2009 08:00:00 EST

A recent study done by the National Safety Commission showed that when driving in heavy traffic situations, the risk of heart attack increases significantly. The longer the person is exposed to the traffic situation, the higher the rate increases, especially after three hours of driving in the traffic.

These statistics not only apply to drivers of cars and trucks, but also include those riding in public transportation vehicles or riding along the road on their bicycle.

Traffic conditions, which lead to increased stressed levels, combined with other environmental factor, lead to higher incidents of heart attacks in drivers, and can be connected to the "fight and flight" instinct individuals have when driving in stressful situations. This physical change the body experiences can lead to high stress levels, which put pressure on the body and leads to a higher risk of heart attack or stroke.

The National Safety Commission has also followed up this study by looking at the effects diesel fumes have on drivers, showing that the higher the exposure to diesel fumes, the lower the level of protein production which prevents blood clots within the body, leading to a higher risk of heart attack and stroke.

For more information:
http://www.nationalsafetycommission.com/alerts/2009/04/driving-in-traffic-increases-risk-of.php.
Take a Breath and Relax!

Take a Breath and Relax

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

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

Pick-up Truck Rollover Accident Near Green Cove Springs

Thu, 30 Apr 2009 08:00:00 EST

Two teens, unrestrained by safety belts, were ejected from a pick up truck near Green Cove Springs on S.R. 17 on April 25, 2009, in a single vehicle rollover accident.

The teen driver, Kenneth Nettles, 16, was crushed underneath his pick up truck when he lost control after swerving into a median. After the crash, a passersby astonishingly lifted the truck off Nettles' body, freeing him for air evacuation to Shand's Teaching Hospital, according to Jacksonville's Florida Times-Union.

More remarkable, the passenger, Richard Buckhalter, 16, who was riding unrestrained in the bed of the truck at the time of the wreck, was ejected with only minor injuries.

For more information:

Rural Teen Drivers Are At High Risk
Deadly Rural Driving: Safety Belts Save Lives
Know the Law About Pick-up Trucks and Buckle-up

Who Is Behind Tort Reform? Part 3 on Tort Reform

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

Rural Teen Drivers Are At Higher Risk

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

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!

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

Sleeplessness to blame in semi and bus crash?

Tue, 28 Apr 2009 08:00:00 EST

Sleeplessness appears to be the blame in an 18-wheel tractor trailer crash that killed a 13-year old North Marion Middle School student and caused a Marion County school bus to burst into flames in September 2008, according to the Ocala.com news source. The driver of the tractor trailer, Reinaldo Andujar Gonzalez, was arrested on April 7, 2009, on charges of vehicular homicide and serious bodily injury in the US 301 accident.

The Florida Highway Patrol (FHP) issued a report stating that Gonzalez had not had adequate sleep in 42 ½ hours-a blatant violation of national trucking safety standards. The FHP reports that although the truck driver had just ended a call on his cell phone and placed it in the cup holder, the cell phone was not the major contributing cause to the crash. Instead, lack of sleep was to blame.

Federal Motor Carrier Regulations limit a tractor trailer carrying commercial goods to no more than 11 cumulative driving hours or to any period not to exceed 14 consecutive driving hours, following 10 consecutive hours off-duty.

The tractor trailer, carrying light bulbs from Jacksonville to Groveland, slammed into the rear of a school bus that was safely stopped with flashing hazard lights at a bus stop near Citra while dropping children off at the end of the day. One witness reported it appeared Gonzalez was asleep because the truck never swerved to avoid the school bus.

Gonzalez' employer, Comtrak, stated that it is solely a truck driver's responsibility to check their hours log and drivers can work everyday if available.

It is Time for the Legislature to Not be Asleep at the Wheel!

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

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

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:

National Teen Driver Safey Week is This Week.

Tue, 21 Apr 2009 08:00:00 EST

April 20 marked the beginning of Teen Driver Safety Week. This nationwide campaign seeks to create awareness of the dangers involved with teen driving. According to the Sun Sentinel, teen drivers text more than adults, wear seat belts less often than adults, and speed on average more than adults, leading to more accidents and tragedies involving teenagers.

Since car accidents are the leading cause of deaths for teens from age 15-19 in the United States, this awareness is important. Cities all over the State of Florida and the United States have begun campaigns to bring light to issues concerning teen driving safety, including commercials containing statistical information regarding teen deaths and injuries associated with dangerous driving.

In Florida in 2007, accidents resulted in over 300 deaths for teens from age 15-19 and over 25,000 injuries, demonstrating the devastating affects dangerous driving can have in the lives of teens.

For more information on the Sun Sentinel's Ad Campaign for safety in teen driving, visit http://www.sun-sentinel.com/news/local/southflorida/sfl-teen-driving-deaths-p040809sbapr08,0,5426885.story.

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!

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:

Taramac, Florida Getting Tough on Dangerous Dogs and Dog Bites.

Mon, 20 Apr 2009 08:00:00 EST

The City of Taramac, located in South Florida, is currently pushing legislation that imposes stricter penalties on owners of dogs that bite.

Under the proposed ordinance, an owner would be liable (legally responsible) for any breed of dog that bites another dog or human and causes severe injury or death. After the first dog bite incident, the owner of such an aggressive dog would be required to register the dog, muzzle it, and retain liability insurance with $500,000 in coverage. After the second dog bite incident, the owner would not be required to put the dog down; however, the owner would not be allowed to keep the dog in the City of Taramac.

Taramac's current regulation targets specific, aggressive breeds by requiring that such dogs be securely enclosed and be insured by their owners for $1,000,000 in liability coverage. Additionally, owners of pit bulls must register their dog with Taramac, regardless of whether the dog has an aggressive history.

While the State of Florida began prohibiting the regulation of specific breeds in 1990, the City of Taramac's current ordinance is grandfathered in because it was passed before 1990. However, the Taramac's proposed ordinance does not target specific breeds, in accordance with the State of Florida's ban, but rather targets dogs by their behavioral history. The City hopes that such a classification will reduce the likelihood of dog bites while fairly regulating dog owners.

Dog Bite Victim's compensation proposal in Taramac is a good start and a fair compromise.

Dog Bite Victim's compensation proposal in Taramac is a good start and a fair compromise.

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.

Heads up Gainesville, Jeffrey Meldon will be interviewed by Bob Rose on The Sky 97.3 FM

Sat, 11 Apr 2009 08:00:00 EST

We are proud to announce that Jeffrey Meldon, experienced accident attorney with his main office located in Gainesville, will be interviewed by Bob Rose live on the Bob Rose show on The Sky 97.3 FM on Monday morning at 9:00, April 13th.

So for all you Bob Rose fans, make sure to tune in and see what they talk about.... should be interesting. Maybe you can even call in and ask a question? Hope so!

We will do our best to get a copy of the broadcast and get it on our site for you to listen to if you are unable to listen live.

We congratulate Mr. Meldon, as this is an honor.

And remember, every Saturday morning at 10:30 you can tune into "Law Talk Live" on The Sky 97.3 and listen to Jeffrey Meldon's show and call in with your questions. It is the longest running legal affairs program in the Southeast. This fun and informative show talks about all kinds of legal topics and of course sports!

WHY GIVE UP YOUR HEALTH CARE RIGHTS in Ocala or anywhere in Florida? Part 2 on Tort Reform

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 Drinkers Cannot Determine Their Ability to Drive Safely

Wed, 08 Apr 2009 08:00:00 EST

Binge drinking is common among young people, especially college students. The Centers for Desease Control and Prevention reported that those under 21 consume about 90% of alcohol through binge drinking.

Northern Kentucky University has recently released a study, which shows that the binge drinkers are more likely than the moderate or social drinkers to believe that they have adequate driving abilities when they actually do not. Binge drinkers lack an internal cue to be able to assess whether they've had too much too drink and whether they should drive. The study included 20 male and 20 female college students, both binge drinkers and non-binge drinkers. They were given enough alcohol to have blood alcohol content (BAC) equal to 0.08%. In all states it is illegal to drive with a BAC equal to or above that level. After performing several simulated driving tasks, the binge drinkers stated that they had the ability to drive safely, while the non-binge drinkers knew that their ability to drive was impaired.

The authors of the study asserted, however, that most college binge-drinkers will outgrow their wanting to binge drink.

For more information, please see:

Binge Drinking: A Widespread Problem That Can Kill!
http://www.nationalsafetycommission.com/alerts/2009/03/binge-drinkers-incapable-of-determining.php

Binge Drinking: A Widespread Problem That Can Kill!

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 is the leading cause of traffic fatalities

Tue, 07 Apr 2009 08:00:00 EST

Alcohol is a leading cause of traffic fatalities in the U.S. All 50 states, District of Columbia and Puerto Rico define driving under influence as having blood alcohol level at or over 0.08 percent. According to the National Highway Traffic Administration, 36 persons die in alcohol-related traffic crashes every day in this country. Nationally in 2007, 12,996 out of total 41,059 traffic fatalities were a result of alcohol-related (BAC ³ 0.08%) traffic crashes. In Florida, there were 890 alcohol-related fatalities out of total 3,214 traffic deaths in 2007. If current trend continues, 35,000 persons under age of 25 will die in crashes involving alcohol in the next ten years in the U.S.

The number of alcohol-related deaths is on the rise among the motorcyclists. Almost half of the motorcyclists who were under influence at the time of the fatal crash are over 40 years old.

Remember: Alcohol Related Traffic Fatalities ARE Preventable!

Bill for School Bus Stop Fails

Tue, 07 Apr 2009 08:00:00 EST

The Bill that was raised to change the location of the Levy County bus stop where the accident killing Tiffany Poupard occurred last week failed and will not make it past the legislature level.

The bill, which has been taking shape by Gainesville state Republican Chuck Chestnut since last year when a semi truck hit a school bus in Marion County, was set to enforce a restriction on bus stops placed on highways. It would require school districts to move stops currently located on highways to be moved by 2011.

Transportation officials cited research finding that school buses are able to take on rear-end collisions safer than side collisions, which would increase if the buses were forced to enter back onto the road under this bill. Because of this research, the bill did not make it.

For more information, visit http://www.gainesville.com/article/20090404/ARTICLES/904041018/1105/NEWS?Title=School-bus-stop-bill-fails-in-Legislature.

Alcohol Related Traffic Fatalities ARE Preventable!

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!

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!

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.

Tragic School Bus Accident Kills Mother; Infant Survives

Sat, 04 Apr 2009 08:00:00 EST

Tiffany Poupard, a 29-year-old mother, was killed when her SUV ran into the back of a fully-stopped school bus, driven by Tracey Haley in Levy County last Tuesday. According to the Ocala Star Banner, bus driver, Haley did everything right, including lights indicating that she was stopping. The authorities do not know what caused Poupard to rear-end the bus, but assume she was distracted and did not see the stopped school bus ahead.

Poupard's infant daughter was in the back seat of the car and survived, after a bystander pulled her to safety. Florida Highway Patrol says the infant survived because she was properly strapped into her car seat, emphasizing the importance of securing children when driving.

The children on the bus were uninjured. One child getting onto the bus at the time of the crash has minor bruising on his arm from the impact.

This is the second bus tragedy in the last year. The first led Florida Highway Patrol to develop stricter measures, Operation Bluebird, when dealing with stopping rather than passing school buses that are stopped along the road.

Baby survives deadly crash in Levy County because of being properly restrained.

Its the Law: The Importance of Car Seats

Know the Law: Rules for Driving with School Buses

Baby survives deadly crash in Levy County because of being properly restrained.

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)

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

Red Light Camera Plan in Starke

Wed, 01 Apr 2009 08:00:00 EST

Gainesville is not the only local city work to install red light cameras to help alleviate the problem of red light running in the area. Starke's Police Chief is currently in the process of evaluating a new proposal for red light camera put in place at a number of major intersections in the city, including lights on U.S. 301 at the intersections of S.R. 16 and S.R. 100.

Any driver who fails to stop at a red light, waiting until the light is green to proceed through the intersection, as required by Starke's new city ordinance, will be fined $150 by a ticket which will be mailed to those identified by their license plate number by the unmanned cameras. The violation will be confirmed and mailed with 10 days of the infraction.

Unlike the Gainesville ordinance, which has a higher fine for higher numbers of violations, the Starke ordinance only has one set fine. However, violators are able to appeal their ticket by proving good cause at a hearing, which could include claims that the vehicle was stolen or that not stopped at the light was necessary for the safety of others.

If the appeal is denied or if no appeal is filed, the fine must be paid within 30 days in order for the violator to be able to obtain any city permits or licenses, including valuable building permits to local Starke residents.

Know the Law, What do the Colors Really Mean?

Dangers in Red Light Running

Link to Gainesville News Article

Red Light Cameras get the Green Light In Gainesville.

MADD is Coming to Town.

Wed, 01 Apr 2009 08:00:00 EST

Mothers Against Drunk Driving (MADD) will soon open an office in the college town of Gainesville, Florida to help combat the nation's rising levels of underage drinking and drunk driving. MADD views Gainesville, FL as an ideal site for their next expansion because it is the home one of the nation's largest public universities, the University of Florida, as well as one of the nation's largest community colleges, the Santa Fe Community College.

Between the two schools, Gainesville offers MADD the opportunity to spread its message to over 60,000 college students. MADD plans to support the University of Florida's mandatory "New Student Alcohol Education Program," which provides incoming students with information about the dangers of underage drinking and binge drinking. The program includes an interactive online course at MyStudentBody.com that quizzes students on their alcohol education.

Similarly, many other top universities require students to complete the same MyStudentBody.com alcohol education program before they are permitted to register for classes. MADD will also team up with local state and community groups in their effort to prevent drunk driving and provide relief to those injured by accidents caused by DUIs.

MADD urges those who have been affected by DUIs to support the cause by donating their time. Gainesville residents or organizations should contact yolanda.larson@madd.org to volunteer.

For More Information:
Students also need to know their options on how to stay safe if they chose to drink.

Drinking and Driving do not mix well! If you are going to drink....

http://www.businesswire.com/portal/site/google/?ndmViewId=news_view&newsId=20090326005844&newsLang=en

http://www.stateuniversity.com/universities/FL/Santa_Fe_Community_College.html

http://www.stateuniversity.com/universities/FL/University_of_Florida.html

http://www.dso.ufl.edu/nsp/firstyearexperience/msb.php#new_requirement

Students also need to know their options on how to stay safe if they choose to drink.

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.

Dangers in Red Light Running

Wed, 01 Apr 2009 08:00:00 EST

The light is a mile away but we can see it anyway. It turns from green to yellow. We can make it, we know we can. Then, it turns red. Do we stop? Are we able to stop? As an experienced accident attorney, I have seen the effects of running a red light first hand and know the severity of the accidents that can occur as a result of someone ignoring the color of the light in front of them and dangerously proceeding through the intersection regardless.

A yellow light is designed to alert the driver to stop their vehicle if they can do so safely. Many drivers try to "make" the light even if it has turned yellow. This can be a receipe for disaster! (For more information on what the stop light colors really mean)

According to the U.S. Department of Transportation, Stop Red Light Running Program, red light running is a very dangerous and serious problem occurring every day in cities all over the world. A study done by the USDOT found that over 100,000 accidents are caused a year by red light runners and over 1,000 deaths result out of those accidents. This significant number calls for a change.

Many cities, such as Gainesville and Starke have instituted red light cameras in order to begin the process of raising awareness and cracking down on those who violate the red light rules. However, studies, such as one conducted at the University of South Florida have critiqued the use of red light cameras and suggested other alternatives that are safer, more effective and not based on greed. (see the links below)

The bottom line: something needs to be done. To get involved, go online to http://safety.fhwa.dot.gov/intersections/col_redlight.htm to see what you can do in your community or simply in your life to stop the trend of red light running and make our roads just a little safer for everyone, including ourselves.

Red Light cameras: Beware of the cost to you

Red light cameras: Alternatives

Free Health Fairs - BEWARE! they may not be free nor good for you. Part 1

Tue, 31 Mar 2009 08:00:00 EST

As a medical malpractice lawyer in Ocala and Gainesville and the surrounding areas, I must speak out about this topic.

Set up in shopping malls and advertised in newspapers around the state are doctors who claim to offer a "free health fair" for anyone over the age of 65 and who has a Medicare card.

The doctors will claim to waive any part of the costs that Medicare doesn't pay. Often the doctor has set up in the mall some kind of equipment such as an EKG machine or other non invasive imaging study or possibly a laboratory technician is on site to draw blood to run a series of laboratory tests.

Often doctors will run up medical bills of several thousand dollars that the doctor sends to Medicare. The doctor will be sure to let you know that there is no doctor-patient relationship created by this "free health fair." Persons often believe that this "free health fair" is a substitute for a traditional doctor-patient relationship and an annual physical.

Persons who participate in this "free health fair" are often unknowingly participating in health care fraud. Doctors need to have reasons for ordering tests. The simple fact that someone has a Medicare card is no justification to order any tests.

Please see Part 2 of my experience with this.

Free Health Fairs Could Cost You, Beware - Part 2

Tue, 31 Mar 2009 08:00:00 EST

In addition to the health care fraud that these Medicare "free health fairs" are that I discussed in Part 1, we have also seen where persons who thought that they were being given "free" medical testing are later sent to collections for failing to pay the balance that Medicare did not pay.

Somewhere between the doctors regular patients and those he tested at the "free health fair" there was a mix up between who was suppose to be billed for the doctors regular patients and who was not to be billed as they were tested at the "free health fair."

When this happens we commonly see patients file a complaint with the state licensing agency against the doctor for financial exploitation and a violation of the standard of care in the practice of medicine for performing unnecessary tests.

So remember the next time you see a "free health fair" advertised, remember it's not always free and it may not even be good for your health.

Running Intersection Turned Dangerous

Mon, 30 Mar 2009 08:00:00 EST

Two pickup trucks collided in an intersection of CR 131 and CR 18 in Columbia County last Thursday evening. The driver of one of the trucks, Gary Driers, is in serious condition and the passenger of his car is in critical condition. Both were taken to Gainesville for medical care after the crash. The driver of the other truck, Hilary Parker, and her two passengers had only minor injuries.

The accident occurred when Driers, who, along with his passenger, was not wearing a seat belt, failed to stop before entering the intersection and collided with Parker, who was unable to stop and avoid the crash.

According to the Orlando Sentinel, there is a possibility that alcohol was involved, contributing to the severity of the accident. Improper use of the intersection also led to the accident.

For more information on proper intersection etiquette, visit:

What are the Porper Intersection Rules in Florida?

Look both ways before you enter the intersection

What do I do at a four way stop?

What do I do at a yield sign?

Columbia crash injures five.

Look Both Ways Before You Enter the Intersection

Mon, 30 Mar 2009 08:00:00 EST

After taking our driver's test, it is easy to forget the specific rules of the road. As an experienced Gainesville accident lawyer, I've seen many drivers who drive out of habit and fail to remember the etiquette of the road. However, it is important to remember the correct ways to enter an intersection in order to protect ourselves and others. For specific rules see, What are the Proper Intersection Rules in Florida?

The rule of thumb and the law is that the person to the right has the right-of-way, but you should also yield to those who are already in the intersection or who ignore the rules and go anyway. To avoid turning an everyday drive into an accident, be cognizant of your surroundings. When you approach a stop sign or a yield sign, be the safe driver.

Recently, a car accident in Columbia County injured five people because the driver neglected intersection rules. My advice? Look before you enter. Even if you think you arrived at the intersection first, wait anyway. Check to make sure the other drivers are aware of you and aware that you are attempting to drive through the intersection before them. Do not trust others to stop if they are still approaching the intersection. Wait, watch, and be safe.

For more information see:
What do I do at a four way stop?
What do I do at a yeild sign?

ATTENTION ALL PATIENTS: CALL AND GET YOUR RESULTS!

Sat, 28 Mar 2009 08:00:00 EST

You don't have to be a doctor, to recognize obvious findings on an x-ray report. Many findings on a lung x-ray, or mammogram, or many other types of radiology imaging studies can be understood by a non-medical person. A written report is made by the radiologist. You can and should read this report.

As an Ocala based medical malpractice attorney/lawyer I see much too often where the radiologist reads a chest x-ray, for example, and says that there is a mass that needs to be followed-up with other studies or tests. Yet, this important information is not made known to the patient because the doctor's staff accidently files away the report and the pateint is not notified.

Then, months or years later when the patient develops symptoms of a disease (usually cancer) and goes to the doctor, the patient learns about the finding that could have been treated when it was first diagnosed, now due to the delay it is just too late to save their life.

You can help prevent medical malpractice. Here are some tips on how:
      *Be actively engaged in your care.
      *Don't expect that the results of medical tests will be given to you if there is a positive finding.
      *Call your doctor and find out for yourself!
      *Call on behalf of a family member if they are unable to call for themselves!
      *Get a copy of the doctor's written report.
Don't be a victim of medical malpractice.

Atlantis Brand SMOKED FISH DIP is recalled

Fri, 27 Mar 2009 08:00:00 EST

A South Florida based food vendor is recalling packages of Atlantis Brand SMOKED FISH DIP, because it has the potential to be contaminated with Listeria monocytogenes, an organism which can cause serious and sometimes fatal infections in young children, frail or elderly people, and others with weakened immune systems.

The recalled "Atlantis brand Smoked Fish Dip" was distributed in Florida through retail stores, club stores, and foodservice distributors. The product is distributed in the following packages:

7 ounce, Atlantis brand, Smoked Fish Dip in a clear plastic container marked with Lot # 048 on bottom, with an expiration date of April 23, 2009. UPC code: 0 3469611124 5

32 ounce, Atlantis brand, Smoked Fish Dip in a clear plastic container marked with Lot # 048 on bottom, with an expiration date of April 23, 2009. UPC code: 0 3469611134 4

5 pound, Atlantis brand, Smoked Fish Dip in a white plastic container marked with Lot # 048 on the lid, with an expiration date of April 23, 2009. No UPC code. Foodservice distribution, not for retail sale.

If you purchased any of these products you are urged to return them to the place of purchase for a refund.

Here is a link to the FDA article announcing the recall http://www.fda.gov/oc/po/firmrecalls/neco03_09.html

Red light cameras get the green light in Gainesville

Fri, 27 Mar 2009 08:00:00 EST

The City of Gainesville is forging ahead in its efforts to enact and implement a City ordinance that will authorize the installation of "red light" cameras at major intersections in Gainesville, Florida. The ordinance, approved in a February 2009 commission meeting, authorizes the Gainesville Police Department to contract for the camera's to be installed by a private company who will receive a percentage of the revenue generated by citations issued to the owner of any car caught running a red light.

It won't matter who was driving, the ticket is issued to the owner. First and second violations will be $125.00 each and subsequent violations within a three year period will be $175.00.

The proponents argue that the cameras will reduce intersection traffic accidents. However, a study at the University of South Florida (USF) revealed that while side impact collisions were reduced in some cases, rear impact (i.e. rear end) collisions actually increase as people become aware of the camera's and slam on brakes to avoid the possibility of a citation.

Gainesville officials identified the 10 most dangerous intersections as candidates for the cameras, but the outside company would choose locations based on the number of red-light violations.

A University of Florida study from 2004 found that at one major intersection, SW 34th Street and Archer Road, between 13.5 and 47 red-light violations happened in a given hour.

To read the USF study for yourself, follow this link: http://hsc.usf.edu/nr/rdonlyres/c1702850-8716-4c2d-8eeb-15a2a741061a/0/2008pp001008orbanetalredlightpapermarch72008formatted.pdf

More information:
Red Light cameras: Beware of the cost to you
Red light cameras: Alternatives

Smoked fish recall, tips

Fri, 27 Mar 2009 08:00:00 EST

If you're injured by this smoked fish dip that is being recalled or any other food product, save a sample of the product along with proof of purchase (if available), notify your medical providers of your suspicion, and contact an experienced Florida personal injury lawyer.

At Jeffrey Meldon & Associates, PA. We're here to help you.

Red light cameras: beware of the costs to you!

Fri, 27 Mar 2009 08:00:00 EST

To be sure, red light cameras can generate huge revenues for the private contractor and for local governements.

San Diego, California collected nearly 30 million dollars in the 18 month period after installation of red light cameras.

In addition to the fines imposed, an additional indirect cost to residents of communities where traffic light cameras are in use (this means you, citizens of Gainesville and Alachua County) is the increased cost of automobile insurance.

One of the "risk factors" insurance companies use to rate a geographic area is the number of traffic infraction citations that are issued. The USF study indicates that the increased issuance of citations is disproportionate to the actual increased "risks" to the insurance company, thereby generating a windfall of profit from increased rates for the insurance carrier.

Is it any wonder then that insurance companies support the use of red light cameras?

There is little, if any, evidence that the City of Gainesville considered any alternatives prior to proposing the new ordinance. Could it be that engineering solutions are less desirable because they don't generate revenue? Does the old axiom "follow the money" apply to this new law? What do you think? Let us hear from you

For more information:

Red light cameras get the green light in Gainesville

Red light cameras: alternatives

Red light cameras: alternatives.

Fri, 27 Mar 2009 08:00:00 EST

The authors of the University of South Florida study suggest that traffic engineering changes are far less costly to the public and far more effective at reducing intersection collisions. Some of the suggested alternative engineering changes are:

Improve signal head visibility by increasing size or adding signal heads where one signal head is used for multiple lanes and may be blocked from view.
Address east-west roads where sun angles silhouette the traffic sign head and add back plates to enhance visibility.
Set appropriate yellow light time intervals that allow vehicles to clear the intersection or safely stop that is consistent with the speed limit, road grade and intersection width.
Add a brief all-red light clearance interval to allow traffic in the intersection to clear prior toreleasing cross traffic.
Add intersection warning signs or advanced yellow flashing lights or reduce the approach speed to the intersection.
Coordinate traffic signals to optimize traffic flow, eliminating interruptions.

These changes have been proven to reduce crashes, the severity of injury, and fatalities in intersection collisions.
In juxtaposition to the engineering changes, the USF study authors conclude that "Thus, red light cameras result in fines and insurance increases that would transfer disposable income from Florida drivers to private businesses in and out of the state, in addition to local and/or state governments".

Red Light cameras get green light in Gainesville

Red Light cameras: Beware of the costs to you.

Wrong site surgery; tips on how to prevent it happening to you in Ocala.

Wed, 25 Mar 2009 08:00:00 EST

Are you scheduled for surgery? Is your surgeon paying attention? You surely hope so, but why take a chance?

Lots of people remember when Rolando Sanchez, M.D., cut off the wrong leg of Willie King in a Tampa hospital. The case made national news. The case highlighted a problem that has been occurring in hospitals for many years and that is the alarming frequency with which medical malpractice in the form of wrong site surgery occurs.

Since that terrible incident hospitals developed new protocols for surgical procedures. The operating room staff will check and double check the patient's chart and ask the patient, "What procedure are you here for?" Patients are often alarmed when they hear this. The patient thinks...well shouldn't you know what procedure I am here for? But, it is part of the new procedures hospitals are using. Also, operating room staff will mark the site of the surgery. If you are having surgery here are some tips from an experienced medical malpractice attorney to prevent a wrong site surgery in Ocala and around Florida:

**Be sure you pay attention to what is going on around you.
**Be sure the hospital staff has marked the correct site for surgery.
**Bring a friend or family member with you and have them pay attention to what the hospital staff is doing as you, the patient, may be under the influence of anesthetic and you cannot know what is going on around you.
**The best way to prevent medical malpractice is to be an alert patient.

If you think you have been the subject of medical malpractice call an experienced medical malpractice attorney/lawyer ASAP, remember there are Statutes of Limitations.

Three people die in two crashes in Marion and Putnam Counties

Mon, 23 Mar 2009 08:00:00 EST

Last weekend, on March 20 and 21, 2009, three people died in two crashes in Central Florida. They were not wearing seat belts.

The first crash occurred on I-75 in Marion County at 2.30am on March 20. A truck driver lost control of his truck, which overturned. The driver and three passengers were not wearing their seatbelts and were ejected from their vehicle. While the driver died at the scene, the passengers were transported to the Shands Hospital at the University of Florida where one of them also died. The two backseat passengers suffered non life-threatening injuries.

In the second crash, a driver, traveling on I-20 in Putnam County, near Palatka, crossed over into oncoming lane and crashed into another vehicle at 1.15am on March 21. The driver was wearing a seat belt. He was transported to Shands. The other vehicle overturned from the impact. Its driver who was not wearing a seatbelt died at the scene, and its passenger, wearing a seatbelt, was transported to Shands.

The investigation is still underway.

For more information, please see:

http://www.jacksonville.com/news/metro/crime/2009-03-21/story/2_deadly_early-morning_crashes_in_2_days_kill_3_people

Failure to Wear a Seat Belt Might Soon Become a Primary Offense in Florida

Mon, 23 Mar 2009 08:00:00 EST

Currently, failure to wear a seatbelt by anyone over 18 years old is a secondary offense in Florida. This means that a law enforcement officer cannot pull over a vehicle solely because its driver is not wearing a seatbelt. A driver can receive a ticket for failure to wear a seatbelt, but only if he or she is pulled over for another (primary) offense. This may soon change due to House Bill 1.

As an experienced accident lawyer/personal injury attorney that has been helping victims of traffic accidents for 38 years, I cannot emphasize enough the importance of wearing a seat belt. According to the National Highway Traffic Safety Administration (NHTSA), the states which passed a primary enforcement of the seatbelt law experienced a drastic increase in seat belt usage. For example, in Alabama, the seatbelt usage rate increased by 21% after the legislature passed a similar law. The American Automobile Association (AAA) estimates that 124 lives would be saved and more than 1,700 serious injuries would be prevented in Florida in the first year after the passage of the seatbelt law as a primary offense.

Always wear a seat belt when you are in a vehicle, and make sure that others do the same. It may save your life or the life of a loved one or friend.

For more information:
House Bill 1 progress in Florida,
Be safe, obey the law and set a good example; buckle up Florida

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

Fri, 20 Mar 2009 08:00:00 EST

On March 9, 2009, concerned with the fatigue of truck drivers behind the wheel, the Advocates for Highway and Auto Safety, the Public Citizen, the Teamsters, and the Truck Safety Coalition filed a petition at the U.S. Court of Appeals for the District of Columbia Circuit, asking it to review the Federal Motor Carrier Safety Administration hours of service rule (HOS). The HOS rule establishes the number of hours the truck drivers can spend behind the wheel. Challenged several times in court, the revised rule went into effect on January 19, 2009.

The controversial rule allows the truck drivers to drive for 11 hours straight. The rule was first issued in 2003. Previously, the truck drivers could only drive 10 hours straight.

Calling the HOS rule "a dangerous Bush-era regulation that increased the amount of time truck drivers can spend behind the wheel," the coalition which challenges the HOS argues that the rule presents a danger to the public. According to the coalition, the rule affects the health and safety of both the truck drivers and the general public.

For more information, please see:
Sharing the road with tractor-trailers: Protect yourself now more than ever!

http://news.prnewswire.com/DisplayReleaseContent.aspx?ACCT=104&STORY=/www/story/03-09-2009/0004985254&EDATE=

http://www.todaystrucking.com/news.cfm?intDocID=21342

Sharing the Road with Tractor-Trailers: Protect Yourself now more than EVER!

Fri, 20 Mar 2009 08:00:00 EST

As a truck accident lawyer that for 37 years has been helping the victims of big truck accidents, and as a driver, I know that it does not require a high level of intelligence to know that the longer a person is driving the more dangerous they are on the road.

In the US, approximately 5,600 people are killed annualy in traffic accidents involving commercial trucks. Although many of the crashes are attributed to the truck drivers falling asleep behind the wheel or not paying attention due to the prolonged driving, auto drivers can do several things to protect themselves on a road. Here are a few of the main ones.

Keep your distance. The size of trucks makes it difficult for the truck drivers to slow down quickly. At 55 mph, a car on a dry road with good brakes can stop in about 200 feet, while a large truck requires approximately twice as much distance. At highway speed, a truck on a wet road may require about half a mile to come to a full stop.

Make sure you are Visible. Many trucks have blind spots, unable to see a car on a road. Do not stay in the "no-zone", which is the area behind and beside a truck where a truck driver has limited visibility.

Keep in mind that the driver of the truck could be tired and have been on the road longer than is safe.

More of my thoughts : "6 days on the road" may not be safe for the american public!
News: The rule establishing the number of hours for truck drivers behind the wheel is challenged in court.

Alachua County has implemented a new pilot program for certain DUI cases.

Tue, 17 Mar 2009 08:00:00 EST

The State Attorney for the Eighth Judicial Circuit of Florida which includes Gainesville and Alachua County, Mr. William Cervone, implemented a pilot program in January 2007 regarding drivers charged with a first offense DUI. It is a deferred prosecution program.

For more Information about this program:

Deferred Prosecution in Gainesville and Alachua County explained; Part 1

Criteria for the Defered Prosecution program in Gainesville and Alachua County; Part 2

New Program is Not Widely Publicized.

Daytona Beach Bike Week 2009 ends with two deaths in the final weekend

Tue, 17 Mar 2009 08:00:00 EST

Two people died on March 7, 2009 in Daytona Beach area motorcycle-related accidents.

A motorcycle, which stopped at a light of a major intersection, was rear-ended by a pickup truck at 2pm. The impact was so severe that both the driver of a motorcycle and the passenger were ejected off of it. The driver did not suffer life-threatening injuries, but the passenger, a 39 year-old woman, was killed. The investigation is still underway, but it is suspected that the pickup driver was under the influence of alcohol.

At 2.30 pm, a motorcyclist lost control of his bike and was thrown off of it on the road, dying at the scene. He was not wearing a helmet.

There were several accidents earlier that week. On March 6, a motorcyclist went off the road after failing to slow down at the curve. He is in a critical condition.

Aside from the fatal crashes on March 7, there were also five fatal bike-related accidents earlier in the week, bringing the number of deaths during the Daytona Beach Biker Week to seven.

For more information, please see:

http://www.news-journalonline.com/NewsJournalOnline/News/EastVolusia/evlEAST01030809.htm

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

Tue, 17 Mar 2009 08:00:00 EST

Daytona Beach Bike Week for 2009, which brought together thousands of motorcyclists from around the country, is over. Although there were not as many bike-related accidents and fatalities this year as last year's event, there were still crashes and deaths that may have been avoided.

Motorcycle accidents are often attributed to the bikers themselves. Bikers are accused of speeding, zigzagging between the cars and losing control of their bikes.

As an experienced motorcycle accident lawyer I know that not all injuries and fatalities are due to the actions of bikers. Here are a few things for drivers to be aware of:

Many drivers do not know that the same traffic safety regulations and rights on the road apply to both bikes and cars; motorcycles have the right to a full lane of traffic.
Drivers tend to follow a motorcycle too closely, unaware of a bikes limitations; it might be easy for a car to go over certain road debris but often motorcyclists may have to evade it or hit the breaks.
Drivers sometimes underestimate the speed and distance of a motorcycle when turning in front of an oncoming motorcycle.

Bike Week 2009 may be over, but there are lessons that we can learn from the bike filled event.

DUI Deferred Prosecution pilot program not widely publicized.

Tue, 17 Mar 2009 08:00:00 EST

The DUI deferred prosection pilot program headed by State Attorney William Cervone, while overwhelmingly successful thus far, has not been widely publicized.

The Gainesville DUI Lawyers, Jeffrey Meldon and myself, Tom Copeland serving all of Alachua County not only have successfully placed qualified clients into this new program but regularly communicate with Mr. Cervone and the assistant state attorneys assigned to the traffic division to remain apprised of any new developments to the program, as well as discuss the program's direction and viability.

Many local attorneys claim to know "everything" about defending a DUI charge. Few, if any, however, can support their positions. We, on the other hand, are more concerned with actually providing the best legal service in the community.

While other attorneys boast about their legal skills, the Law Office of Jeffrey Meldon and Associates prefer to prove their legal merit by searching for, learning about, and becoming fully involved and invested in the newest legal developments.

We are glad to pass the information to our clients and friends, because the attorneys and staff at Jeffrey Meldon & Associates strongly believe that EVERYONE (client or not) should know his/her rights and potential legal options.

For more information on this new program:

Deferred Prosecution in Gainesville and Alachua County explained; Part 1

Criteria for the Defered Prosecution program in Gainesville and Alachua County; Part 2

Alachua County has Implemented a new pilot program

AAA Report: Teen Drivers Are More Likely to Kill Others in Fatal Auto Crashes

Wed, 11 Mar 2009 08:00:00 EST

For every teen driver killed in a crash, almost twice as many other people die.

In February of 2009, American Automobile Association (AAA) Foundation for Traffic Safety produced a report, determining that teen drivers, 15 to 17 years old, are twice as likely to kill people other than themselves in a fatal auto accident. Analyzing the fatalities over the last decade, the AAA determined that out of the total number of the victims in auto crashes nationwide, about one third are teen drivers themselves and two-thirds are passengers of teen drivers, occupants of other vehicles, pedestrians, and cyclists. In Florida, more than two thirds of victims are people other than a teen driver.

Nationwide, between 1998 and 2007, 28,138 people died in crashes involving teen drivers: slightly more than 10,000 were teen drivers themselves and 17,750 were passengers of teen drivers (8,829 deaths), occupants of other vehicles (6,858 deaths) and non-motorists (2,063).

In Florida, for the same years, 1,756 people died in crashed involving teen drivers, including 517 of teen drivers themselves, 474 passengers of the teen drivers, 552 occupants of other vehicles and 213 non-motorists.

On a more positive note, the report showed a significant drop in both teen driver deaths and in deaths of others in auto accidents involving teen drivers during the past decade: there was a 35-percent decrease of fatalities between 1998 and 2007 compared to the period of 1988-1997.

In its report, AAA encourages parents to talk to their children about safe driving, to limit the children's driving to daytime, and to require them to attend a driving school.

For more information, see:

http://www.gainesville.com/article/20090228/ARTICLES/902270915

Be a responsible parent; educate your teens about traffic safety

Teach your childeren well:

Be a responsible parent: educate your teens about traffic safety

Wed, 11 Mar 2009 08:00:00 EST

According to the report by the American Automobile Association (AAA) Foundation for Traffic Safety, 15 to 17 year-old drivers are twice as likely to kill people other than themselves in the fatal traffic accidents. While being a good role model to teens by following the traffic safety rules is important, talking to your teens and educating them on traffic safety and driving in general can go a long way in preventing the serious injuries or even death of the teens and those who might be affected by the teens' driving.

These are impotant statistics to take note of. Please see my library article, Teach your childeren well: on some ways you as a parent can help your teen be a safer driver.

Turning tragedy into hope and awareness: Emergency Contact Notification Initiative

Tue, 10 Mar 2009 08:00:00 EST

On December 7, 2005, Tiffany Olson and her boyfriend Dustin Wilder were involved in a fatal crash on U.S. 19 in Manatee County, Florida. The motorcycle they were riding was hit by another vehicle, and both Tiffany and Dustin were thrown many feet from the motorcycle. Tiffany died immediately, and Dustin died shortly thereafter. Their parents were not notified until hours after the accident, and even after the notification, they could not locate their children.

Tiffany's mother, Christine Olson, devastated that she was not notified about the fatal crash earlier and trying to prevent others from going through the same ordeal of not knowing, started a campaign to have the emergency contact numbers printed on a person's driver's license or identification card. The information could not be printed directly on a driver's license. However, Christine and State Representative Bill Galvano from Bradenton District 68 were able to have the Florida Department of Highway Safety and Motor Vehicles (DHSMV) include the emergency contact information in the Driver and Vehicle Information Database (D.A.V.I.D.), a database used by law enforcement only for emergencies like this.

Those who have a Florida driver's license or a Florida identification card can input two emergency contacts at https://www6.hsmv.state.fl.us/dlcheck/findcustomer. Then if they are involved in a serious or fatal traffic accident, or even in a non-traffic-related incident, the law enforcement officials will access D.A.V.I.D. by scanning their license or ID card and notify their emergency contacts.

For more information, please see:

http://www.flhsmv.gov/EmerContInfoHistory1.html

http://www.toinformfamiliesfirst.org

http://www.mysuncoast.com/Global/story.asp?s=9114768

Florida Emergency Contact Information (ECI) Initiative – I urge all Floridians to sign up.

Tue, 10 Mar 2009 08:00:00 EST

This is a great system that just came to my attention. In 2006 the Florida Department of Highway Safety and Motor Vehicles, due to the efforts of Christine Olson whose daughter was killed in a traffic accident in 2005 and State Representative from Bradenton District 68, Bill Galvano, implemented an Emergency Contact Information system (ECI). ECI allows those holding a Florida driver's license or Florida identification card to input their emergency contact information online or when applying for a driver's license or an identification card. The law enforcement can then access this information, if a person suffers serious injuries or dies in a traffic crash or a non-traffic related accident and notify the emergency contacts listed in their license. Through ECI, families, friends and loved ones of the injured or a victim can be contacted more quickly at times when every minute is crucial.

I urge you to take advantage of this great service and sign up today by inputing your emergency contact information online today at https://www6.hsmv.state.fl.us/dlcheck/findcustomer. Give yourself piece of mind that you, a family member, or a loved one will be notified if ever involved in a traffic crash or a non-traffic incident that involves a serious injury or possibly death. You can enter two emergency contacts per person. In addition, alert, educate and encourage others to do the same. Spread a word to your family members, friends, and coworkers, send an email with the link to everyone in your address book, and input the information for your teenage children.

For more information, please see:

http://www.flhsmv.gov/EmerContInfoHistory1.html

http://www.toinformfamiliesfirst.org

Two children die in a deadly vehicle accident

Thu, 05 Mar 2009 08:00:00 EST

On March 1, 2009, a tragedy struck Gainesville and Ocala area: two children, ages 3 and 10, died as a result of the injuries suffered in a two-vehicle crash.

Early Sunday morning, a van with Tiffany Davis, her son, daughter and a stepdaughter in collided with a pickup truck driven by James Roberts. All five were taken to the nearby medical centers, where Davis's son and stepdaughter were pronounced dead. Being in a critical condition immediately after the accident, Davis is in a stable condition now. The driver of a pickup truck remains in a serious condition.

The cause of the accident is still under investigation.

While all three children were wearing seat belts, Davis was not wearing one. It is still not clear to the investigators if Roberts was wearing a seat belt.

Please read, Deaths despite seat belt use...

Patients are facing a Medical Malpractice crisis! Part 2

Thu, 05 Mar 2009 08:00:00 EST

Doctors and their insurance companies have waged a successful campaign over the past 20 years to convince us that all the doctors will flee the state if we don't give them special protection. The state legislature gave them what they wanted and the people of Florida have been left unprotected.

In addition to the ways in which Floridians are being left our in the cold, as I discussed in Part 1 of this series, a patient will also have to sign forms at their doctor's office agreeing not to sue the doctor in court but to submit to a system of arbitration heavily weighed in favor of the doctor including limits on their recovery. The doctor will not treat them if they do not sign the forms waiving most of their legal rights.

Ironically only 2 or 3% of all acts of medical malpractice are ever reported. Estimates by the Journal of the American Medical Association are that over 225,000 U.S. citizens are killed each year by doctors and hospitals. Some are calling medical mapractice the silent killer in this country.

Hospitals have started to question the morality of failing to notify the patient or the surviving for family when medical malpractice occurs. Some hospitals have started a proactive program to notify the victims regardless of the legal consequences.

However few doctors have adopted this moral approach that echoes the ancient medical maxim that every doctor learns in medical school; "the first thing is, do no wrong"!

Deaths despite seat belt use in deadly Ocala accident

Thu, 05 Mar 2009 08:00:00 EST

My heart goes out to the Davis family for their tragic losses.

The Davis children were killed despite wearing seat belts, and Ms. Davis survived despite not wearing hers. Generally the facts show if the driver is not wearing a seat belt, the passengers will not be as well, and when wearing a seat belt you have a better chance of survival in a crash, however this was not the case here. Ms Davis was being a good mother, yet tragedy still occured!

There are many myths that surround the use of seat belts, I encourage you to read these articles about the myths of and the reasons to wear seat belts.

As a accident attorney, I urge you to buckle up, buckle up your kids and all your passengers!

Patients are facing a Medical Malpractice crisis! Part 1

Wed, 04 Mar 2009 08:00:00 EST

Florida has created a protected class of citizens that includes doctors and their staff. An example:

If a Florida doctor receives a radiology report indicating that a patient needs follow up testing for a suspicious mass on a lung x-ray they have a duty to advise and warn their patient immediately. But if they or their staff fails to notify them; the state of Florida will protect them.

Even if the failure to notify a young working wife and mother of three earning a six figure income results in her premature death, Florida law limits their recovery to $500,000. To make matters worse the doctor and their practice need only carry $250,000 in medical malpractice insurance. And to create an added layer of protection many doctors hire the smartest tax lawyers money can buy to create "asset protection plans". These plans mean that even if they get a multi million dollars verdict against them, their victim/s will have great difficulty getting any more than $250,000!

After attorney fees and the high costs of fighting the doctors they may wind up with less than half of $250,000, even with the best medical malpractice lawyer fighting for them.

A husband and three kids lose a wife, mother and financial provider by medical malpractice, but the State of Florida thinks that it is OK for them be so grossly under compensated.

How can this possibly happen in a free country that allows everyone else, in particular large corporations, to sue with no caps or limits on recovery?

Two fatal motorcycle accidents: three families lose loved ones

Tue, 03 Mar 2009 08:00:00 EST

Two fatal accidents involving motorcycles shook up two states, Florida and North Carolina, on February 21, 2009.

In North Carolina, a motorcyclist, who received numerous speeding tickets in the past and whose driver’s license was revoked at the time of the accident, was driving 120 mph when he crashed into a taxi, making a left turn. The impact of the crash was so severe that both vehicles burst into flames. Both the motorcyclist and a taxi driver were killed. The police have yet to determine who was at fault in this deadly accident.

In Florida’s Volusia County, a pickup truck, driven by a drunk driver, crossed the center lane and crashed into a motorcycle head-on. The motorcyclist, a firefighter who was also a newlywed, was killed instantly from the impact. The pickup truck continued on to crash into a store on the side of the road. Charges are pending against the pickup driver.

For more information on these accidents, please see:

http://www.wect.com/Global/story.asp?S=9897679

http://www.msnbc.msn.com/id/29350521

Daytona Beach Bike Week 2009: have fun but be cautious!

Tue, 03 Mar 2009 08:00:00 EST

Bike Week 2009 in Daytona Beach, FL is an exciting event, bringing together hundreds of thousands of motorcycle enthusiasts. While a week-long festival is full of fun-filled activities, those who participate in it must remember about the dangers stemming from large-scale public events. Increased alcohol consumption, bike races and various parties may lead to dangers on the road, numerous accidents and fatalities.

Although motorcycle riders are sometimes to blame, it is the drivers of other vehicles who are often the causes of accidents. Motorcycle accidents usually happen due to the car or truck driver's failure to see or yield to the motorcyclist, failure to follow the traffic laws, or drunk driving. Because of a motorcyclist's physical exposure while riding a motorcycle, these accidents can have fatal consequences.

Know the law! Florida is a "comparative fault" state. This means that the amount of damages an injured party may recover is reduced by the percentage of fault attributed to that injured party. In Florida, motorcyclists under the age of 21 must wear helmets. Those who are 21 and over and choose not to wear helmets must carry at least $10,000 in medical insurance. The amount of $10,000 might not be even come close to paying all the medical expenses in case of an injury. If that happens, especially if the party at fault is not fully insured, an injured party may be in a terrible situation. As a motorcycle accident lawyer seving Daytona Beach, I have seen this way too often!

If you or your loved ones have been injured or if you have lost a loved one as a result of someone else's negligence or recklessness on the road, you need to contact a competent and experienced motorcycle accident attorney immediately! Even if you are not sure whether you or the other driver was at fault, please contact our office for a review of your case.

For more information, please see:

I don't sell insurance: I "sell" being protected

Heads up to everyone on the roads in and around Daytona Beach

Motorcycle riders need to protect themselves NOW more than EVER

Haven’t motorcycle riders got it tough enough? What do you think?

New Book Discusses Post Traumatic Stress Disorder for Vehicle Accident Survivors.

Mon, 02 Mar 2009 08:00:00 EST

The American Psychological Association, (APA) issued a News Release today about a topic that we have recently been writing on, Post Traumatic Stress Disorder (PTSD). In the APA’s release it revealed a newly released book, After The Crash: Assessment and Treatment of Motor Vehicle Accident Survivors, which discusses the topic of PTSD, as it refers to individuals involved in automobile accidents. The authors, psychologists Edward B. Blanchard, Ph.D., and Edward J. Hickling, Psy.D., from Albany Medical College, have examined current research on symptoms and treatments for individuals surviving a motor vehicle accident and present their findings in the first of its kind book on this topic. This book discusses symptoms of PTSD from depression to driving phobia, and suicide as well as support systems and treatment options and their effectiveness and much more.

For more information:

http://www.meldonlaw.com/library/accidenets-and-post-traumatic-stess-disorder.cfm

http://www.meldonlaw.com/faqs/i-am-afraid-to-drive-my-car-after-my-accident-in-gainesville-is-this-normal.cfm

It's not just in your mind; Post Traumatic Stress Disorder is real and alive in Gainesville.

Mon, 02 Mar 2009 08:00:00 EST

Recently, I have had numerous clients ask about an issue of importance to anyone that has been in a serious accident; that is the emotional repercussions that a bad accident or wrongful death can have on the victim/s or their family.

Often people ignore the symptoms and think or hope that they will just go away. However, as an experienced accident lawyer in Gainesville, Florida and the surrounding areas that has helped thousands of accident victims get the settlement or verdict and treatment they deserve over the last 37 years, I know that these symptoms can be real and require medical attention that can be expensive and ongoing. Getting treatment for these symptoms or disorder is as important as getting therapy for a person's injured body parts, such as a broken arm or spinal cord injury.

It is called Post-Traumatic Stress Disorder, PTSD, and sometimes referred to as PTSS, Post-Traumatic Stress Symptoms, which includes symptoms from depression to vague anxiety to panic attacks.

I was excited to learn today that there is a new book that discusses the topic of PTSD in detail; it will be an asset to fully helping an injured victim after a motor vehicle/car accident get back to normal.

If you feel you may have PTSD, I urge you to read the articles listed below for more information and talk to your doctor and lawyer right away. Remember, you can only settle your accident case one time.

http://www.meldonlaw.com/news/new-book-discusses-post-traumatic-stress-disorder-for-vehicle-accident-survivors.cfm

http://www.meldonlaw.com/library/accidenets-and-post-traumatic-stess-disorder.cfm

http://www.meldonlaw.com/faqs/i-am-afraid-to-drive-my-car-after-my-accident-in-gainesville-is-this-normal.cfm

Daytona Beach Bike Week opens with a fatal motorcycle crash.

Sun, 01 Mar 2009 08:00:00 EST

David Crider, 32, a landscaper from Deland, Florida, was killed in a motorcycle crash Wednesday night after his motorcycle struck a pickup truck making an illegal left turn in front of him. There are reports that Mr. Crider may have been speeding at the time of the crash. However, in general, it is common for cars and trucks to cause deadly accidents with motorcyclists, but the riders generally pay the highest price.

This unfortunate accident only reinforces the need to protect yourself while riking. You cannot always control the careless behavior of other vehicles that may drive recklessly. It is wise to ride as though the other driver is going to make a "bonehead" move.

My advice, as a motorcycle crash lawyer for 37 years, is to protect yourself with proper safety gear and have adequate insurance in case you are seriously injured. In Florida the other vehicle driver does not need to carry insurance to pay for your medical bills and loss of income, whether you are on a motorcycle or in a vehicle.

Hopefully, the Daytona Beach Bike Week of 2009, will not see anymore fatal accidents but statistics prove this is highly unlikely. In 2006, a reported 27 fatal motorcycle accidents occurred.

Be prepared and realize it's a jungle out there.

My heart goes out to Mr. Crider's family and his loved ones.

Here are my other blogs and info that may be of help.

Not quite the "Top Performer", Suzuki's GSX-R1000 motorcycle is recalled. Don't be misguided again!

Suzuki's GSX-R 1000 is under voluntary recall.

Don't be tricked by Suzuki! Suzuki GSX R-1000 motorcycle recalled.

I don't sell insurance: I "sell" being protected

Heads up to everyone on the roads in and around Daytona Beach

Motorcycle riders need to protect themselves NOW more than EVER

Haven’t motorcycle riders got it tough enough? What do you think?

Haven't motorcycle riders got it tough enough? What do you think?

Fri, 20 Feb 2009 08:00:00 EST

Bikers have enough cards stacked against them when on the road riding alongside bigger and heavier vehicles that often do not see them. The very least they need is for their bike to hold together even under times of stress like collisions, pot holes, speed bumps or an occasional wheelie.

In addition to the lack of adequate insurance requirements to protect motorcycle riders in Florida, now they are being blamed by Suzuki, a leading motorcycle manufacturer, for defects that can occur under normal circumstances. Now, riders are being told by Suzuki that they will cover the bike under warranty for 5 years, but not the rider, even if the defect caused a motorcycle accident and/or worse injuries and damages. This is not fair, nor is it legal!

I am a regional motorcycle accident attorney/lawyer with my main office in Gainesville, Florida and here are my suggestions: Bikers, make sure to carry adequate insurance, and if you were injured on the GSX-R 1000 due to the defect in the frame structure, make sure to consult a lawyer right away.

Other info that may be of help:

Not quite the "Top Performer", Suzuki's GSX-R1000 motorcycle is recalled. Don't be misguided again!

Suzuki's GSX-R 1000 is under voluntary recall.

Don't be tricked by Suzuki! Suzuki GSX R-1000 motorcycle recalled.

I don't sell insurance: I "sell" being protected

Heads up to everyone on the roads in and around Daytona Beach

Motorcycle riders need to protect themselves NOW more than EVER

Suzuki's GSX-R 1000 is under "voluntary" recall

Thu, 19 Feb 2009 08:00:00 EST

Heads up, The "Total Performer", Suzuki's GSX-R1000, is under voluntary recall as of the end of January 2009. Suzuki has sent buyers of the bike a letter about the voluntary safety recall for the models of this cycle made in 2005 and 2006. Apparently, the frame of the bike can crack in times of pressure on the front part of the frame suspension, specifically the frame near the steering neck causing the front wheel to break off.

If you have this model of motorcycle, Suzuki will patch the frame with an aluminum reinforcement, bolts and glue, if no cracks are found. If cracks are present, they will replace the frame with one that has the reinforcement and glue and bolts already installed on it.

Here are my blogs about this recall:

Not quite the "Top Performer", Suzuki's GSX-R1000 motorcycle is recalled. Don't be misguided again!

Don't be tricked by Suzuki! Suzuki GSX R-1000 motorcycle recalled.

Not quite the "Top Performer", Suzuki's GSX-R1000 motorcycle is recalled. Don't be misguided again!

Thu, 19 Feb 2009 08:00:00 EST

According to Suzuki's Official website, "At Suzuki, we want every ride to be safe and enjoyable. The key is the motorcycle's (GSX-R 1000) ability to do precisely what the rider wants, when the rider wants, how the rider wants. ... It's called Total Performance.... and is what makes the Suzuki GSX-R1000 the Top Performer".

It appears Suzuki has missed their goal on this one.

Suzuki's recall states the problem with the bike (a defective frame cracking causing the front wheel to fall off) only occurs under extreme conditions when extreme pressure is put on the front wheel, such as in collisions or doing wheelies. Suzuki feels this type of driving is "reckless" and does not condone it.

It would make sense to me, a motorcycle accident injury lawyer for 37 years, that wheelies must certainly be included in the motorcycle's description of "Total Performance" and the "Top Performer" and is what riders were looking to be between their legs when they purchased it; a "Top Performer", not a delicate, whimpy trike. Bikes should be designed to be ridden lawfully, and be constructed without defect allowing the rider to go over pot holes and pop a wheelie safely.

I urge any rider that has been injured due to the defective construction of this bike, to consult a lawyer immediately. Even though Suzuki's wording in the recall notice states that they are not responsible, the law states differently, don't be misguided by Suzuki again.

For more info: Don't be tricked by Suzuki! Suzuki GSX R-1000 motorcycle recalled.

Daytona Beach Bike Week: A time for extra caution.

Wed, 18 Feb 2009 08:00:00 EST

There are 9 days until the official start of the 68^th Bike Week in Daytona Beach, Florida. Bike Week is the world's largest motorcycle event, and lasts for 10 days from February 27^th to March 8^th. All throughout Volusia County there will be an influx of motorcyclists coming from all over the country, many of the expected 500,000 riders can already be seen arriving into the area for the festivities.

So all beware and heads up: Drivers: give bikers the lee way, have extra caution, and take extra time on the road. Remember that the majority of bike accidents occur with a car or truck driver that didn't see the rider or their passenger near them. It is not an uncommon statement to hear that the vehicle driver never even saw the motorcycle before crashing into them while they were turning or changing lanes. Make sure to look a third time before you change lanes or make a turn, to look for the motorcycle that is often hard to see.

As an accident attorney that has been helping seriously injured motorcycle accident victims for over 38 years in Daytona and all of North Florida, I recommend that this is also an important time for bikers to take extra precautions as well. Bikers: ride knowing that the cars and trucks around you do not see you, and be aware that many on the road over the next few will be drinking and riding or drinking and driving.

This is the time of year that Emergency Rooms in Volusia County increase their staff to help with the increase in accidents. The worst year for Bike Week fatalities was 2006, when there were 21 deaths of bikers reported.

According to the U.S. Secretary of Transportation, Mary E. Peters, "motorcycle fatalities have more than doubled in the 10 years since the repel of the Florida Universal Helmet Law and now account for over 4,500 highway deaths and 78,000 injuries each year. In addition, the crash rate among motorcyclists in the 50-plus age group has increased by over 400 percent". Ms. Peters is a motorcycle enthusiast that wears a helmet and says it has saved her life. She is pro-helmet use and pro-motorcycle safety education, but against Universal Helmet Laws, as she feels the rider should wear a helmet for self protection, not because it is the law.

Bikers Beware: Overall fatalities for motorcycle riders have increased dramatically for nine straight years due to a variety of reasons.

Here are some facts and factors that could put the biker at increased risk for death:

The larger the engine's size of the motorcycle, the greater the chance of rider fatality.
An at risk group for fatalities are the above 40 age group, where there has been an increase in the number of riders, and riders with bigger engines.
Speeding.
Not wearing a helmet - about one half of killed riders in 2006 were not wearing a helmet.
Driving under the influence - forty-one percent of the 2,007 motorcycle riders who died in single-vehicle crashes in 2006 had Blood Alcohol Concentration levels of .08 or higher.

I have written frequently about the need for bikers to protect themselves from the under-insured or uninsured vehicle driver or owner, (which are the majority of drivers on the road today in Florida) this is a good time, before heading to Daytona, to check your insurance policy and make sure you have at least $100,000 of Uninsured Motorist Coverage and $50,000 of Medical Payment Insurance.

I hope all bikers, drivers and residents have a great Bike Week. Have fun. Be safe. Take extra precautions. Remember to share the road!

For more information about Bike Week's events you can visit the official Bike Week site.

For more information:

I don't sell insurance: I "sell" being protected

Heads up to everyone on the roads in and around Daytona Beach

Motorcycle riders need to protect themselves NOW more than EVER

Fatal Semi and Bus Accidents In Area

Sat, 14 Feb 2009 08:00:00 EST

Recently, there have been a few fatalities due to a bus accident and a truck accident in the past 2 weeks in our area.

The Gainesville Sun reported that on Monday, Feb. 2. A couple from Branford, Anthony Jude Sommo and his wife Rhonda Sommo died in an accident with a bus off U.S. 129 in Suwannee. The couple was heading northbound on U.S. 129 in their 1999 Chevy Cavalier while Amos V. Miller was driving a 2006 MCI tour bus heading southbound. According to the crash report, the Cavalier went to make a left turn off U.S. 129 and headed right in the path of the bus. Miller, driving the bus, swerved towards the right to prevent hitting the Cavalier just as the Cavalier also went for a quick right trying to avoid the path of the bus.

The bus's left front corner crashed into the Cavaliers left front corner and the Sommo couple was pronounced dead at the scene. Anthony Jude Sommo was 54 and Rhonda was 51.It was reported that the Sommo couple was not wearing their seat belts but Amos V. Miller was.

Another man died from a truck accident Monday Feb. 2 on Country Road 351. Michael R. Loose, 51, was heading south in front of a semi. According to the report he got in the right shoulder making room for a U- turn in order to head north. While he was sideways on the highway, the semi struck his pickup head on and flipped completely upside down. The truck still full of momentum rolled over the overturned pickup and landed with its front axel on the pickup truck. Loose was pronounced dead at the scene and the driver of the semi suffered minor injuries.

Beware of Trucks and Busses!

Sat, 14 Feb 2009 08:00:00 EST

In light of the recent deaths from a big truck accident and a bus accident in North Florida, I would like to give some basic information on how driver's of cars can protect themselves. Truth is, the majority of accidents that occur with big trucks or buses, Big Rigs, Semi's, call them what you will, will lead to death or serious injury to the people driving the normal sized vehicle and the driver behind the wheel of a big truck or bus will usually walk away from an accident without a scratch.

The fact of the matter is that truck drivers need to have experience to know how to operate their equipment right in order to make the road safer for everyone. But how can we be sure that the drivers behind the big vehicles on the road have lots of experience when it can take as little as 3 weeks for someone to get their Commercial Driver's License (CDL).

The Commercial Vehicle Safety Act of 1986 was signed into law as a way to improve highway safety and as a way to make states test for certain driving skills of people operating commercial vehicles at the lowest federal standard. It was not until 1992 that drivers of a commercial vehicle would need to acquire their CDL, in which can be a program as short as 3 weeks to complete.

Even after 3 weeks of "in-depth" training how can we be sure the truck we are driving next to isn't on their 11^th hour straight behind the wheel? According to the Federal Motor Carrier Safety Administration drivers of commercial vehicle drivers can drive up to 11 hours straight without a break. Eleven hours of straight staring at pavement could get anyone in a daze.

There is no sure way to protect our selves from big vehicle accidents, but being aware of the driver's potential lack of experience and taking little precautions here and there could help prevent a fatal accident.

You should know that it takes almost three times the distance for a semi to come to a complete stop than a dual axel vehicle, and with their size, they also have a blind spot that can be up to 10 times longer than one on a regular sized vehicle. It is best to follow in a safe distance behind the truck, 5-seconds behind is recommended. It is never safe to drive along side a big vehicle for extended periods of time. When you are along side a big vehicle try to pass it, and it is best to pass a big vehicle along the left side. The driver of a big rig has a little less of a blind spot on his or her side. After passing, make sure that you are able to see both of the truck or busses headlights in your rearview mirror. This will ensure that the truck or bus sees you, and that way, if you by accidently slow down, they will have time to slow down as well. DO NOT pass the truck if you have to speed up a great amount just to pass it.

Our hearts go out to the families of the victims in these accidents.

http://www.gainesville.com/article/20090203/ARTICLES/902030285

http://www.gainesville.com/article/20090203/ARTICLES/902030281

I don't sell insurance; I "sell" making sure you are protected.

Wed, 11 Feb 2009 08:00:00 EST

Recently I posted a blog on Injury Board, which is a nationwide group of distinguished lawyers concerned with issues regarding public safety and public awareness, that I am proud to be a member of.

In short, the blog consisted of alerting readers to the recent Insurance Research Council (IRC) statement that one in four drivers on the road today in Florida is driving illegally, without any insurance. This creates a potential crisis for a motorcycle rider, or biker, that has the bad luck of being crashed into by one of them. The Florida repeal of the Universal Helmet Law in 2000 creates an additional hazard for bikers riding without helmets. This is a topic that I find to be extremely frightening and interesting. This is the blog I am referring to, Motorcycle Riders Need To Protect Themselves NOW More Than EVER

I would like to share with you one response I received so far from this blog, as I find this a very important point to get across. Here it is:

"I found this example interesting.

"A 'lucky' motorcycle accident victim is one that is fortunate enough to be hit by a fully insured vehicle driver."

Motorcyclist, or actually "Bikers" who are not going to ware a helmet because they feel helmets add to the danger of riding and inhibit the purpose for riding are not going to spend the money for additional insurance. It just isn't going to happen.

If you don't feel you need a $200.00 helmet you damn sure won't feel you need a $1,000,000 insurance policy.

While you may be totally honest in your "concern" for the biker, you'll sell more insurance to the people who are under insured and driving automobiles, and, you'll help those "lucky" bikers they run into."

What I would like to point out about this blog comment, is that I don't sell insurance, I am an experienced Florida accident lawyer (38 years of experience) that does all I can to help accident victims, who through no fault of their own get seriously injured or killed in accidents.

It may seem confusing to many listeners or readers why I, an accident attorney and not an insurance salesman, frequently talk and write about making sure they are adequately insured and protected. So I will take this opportunity to clarify my rational for "selling" insurance. In short, if the money/insurance isn't there on a client's/victim's part or on the at-fault party's part, there just isn't any money to pay for: medical bills (past and future), loss of income (past or future), or pain and suffering (past and future), that can result from a serious accident. A person in this situation is just plain out of luck and it can be a heartbreaking, devastating situation for the victim and their family... no matter the skill or expertise of the lawyer they hire!

For me, my emphasis on educating the public on the importance of carrying adequate insurance protection and what adequate insurance consists of, is akin to a Doctor warning their patients of the dangers of smoking or to a parent warning their child to look both ways before crossing the street; it is important and valuable information to have.

You may choose to go uninsured or underinsured, however, beware, if you have the unfortunate experience of being in an accident, my experience has shown that you may very likely wish you had paid the price of the insurance instead of paying the price of going with the minimal or inadequate insurance, especially in these economic times.

I thank this reader for reading my words and for his comment and for giving me the opportunity to clarify my intentions and rational.

For more information:

Here is a news article I recently posted about the IRC's release, 23% of Florida Drivers Are Uninsured... Beware!

This is the blog I wrote giving my opinion of the News, Floridians Now is The Time to Protect Yourself With Adequate Auto Insurance Coverage!

Other blogs on related topics:

It is time for our legistature to rethink the helmet law for Floirda!

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?!

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

Driving and Texting; A Combination Deadlier Than Drinking and Driving, Hopefully, Will Become Illegal Soon In Florida.

Mon, 09 Feb 2009 08:00:00 EST

Texting and driving has been proven to be a dangerous and common combination, which should be banned for the safety of our citizens and visitors. We all need to support and applaud Republican Representative Doug Holder from Sarasota, Florida who has been pushing hard for the Legislature to pass a bill that would ban text messaging (writing or reading) while operating a motor vehicle in Florida. The Legislature will meet next month to make a decision on this important potential life saving issue and hopefully make it a law and not just a personal choice to not drive and text message.

In the Gainesville Sun article today, Texting Roadblock? Lawmaker: Put breaks on text messaging while driving, which discussed Rep. Holder's bill, the Staff writer interviewed several University of Florida students to get their opinions of the proposed bill. One student was quoted as saying, "I think it should be legal, it's at your own risk."

As an accident attorney in Gainesville, Ocala and all of North Florida for over 37 years, that has seen first hand the devastating effects that a serious accident can inflict on all the people and their families involved in a crash, I have to strongly disagree with this student's point of view. Texting while driving is definitely not "at your own risk", but rather at the risk of other drivers, passengers, pedestrians, bicyclists and everyone that is sharing the road with you. According to the National Safety Council, a driver is 4x's more likely to be in a car crash while talking on the cell phone. Studies have not been released yet in regards to text messaging while driving; however, as texting requires one's eyes to be off the road, the statistics could only be dramatically higher. Here are some other facts and findings to support my opinion.

The Transportation Research Laboratory in London studied the change in reaction times due to various influences while operating a motor vehicle. The results showed a 35% decrease in reaction time while texting (reading or writing), and a 12% decrease with alcohol consumption at the legal limit. According to this study, texting while driving causes a nearly three fold decrease in reaction time as compared to the drinking at the legal limit and driving reaction time.

National Safety Council (NSC) president, Janet Froetscher, encourages friends to take a friend's cell phone away just as they would take away their car keys if they had been drinking. The NSC which works to educate the public, would also like to see the cultural norms of our society change so that we would see the use of cell phones, talking or texting, as "unsafe and socially unacceptable".

A recent study by the NSC showed that nearly 40% of teens and young adults surveyed admitted to texting while driving.

According to the Governors Highway Safety Association, only seven States and DC have laws banning texting while driving including, Alaska, California. In these States it is a Primary Offense, which means a police officer can stop a driver for texting while driving and does not need any other reason to make the stop. Nine states prohibit novice drivers from texting while driving. Currently, Florida has no bans of any kind; it is even legal for bus drivers to be texting while driving a bus full of young children.

If Rep. Holder's bill is passed by the Legislature, our roads will be a safer place for everyone. The combination of texting and driving has been proven and documented to be a potentially deadly mixture for yourself and for everyone else on or near the road around you. Texting and driving should not be a personal choice issue, anymore than driving drunk should be.

My advice?
If you are going to drive, then drive. If you are going to text message, then text message. If you need to text message while you are driving, be safe and pull over. Hopefully it will soon be the law!

Here are our previous blogs on this topic.

We Don't Have To Wait For It To Be The Law To Turn Off Our Cell Phones.

Operation Bluebird Is Commendable: But We Need More!

We Need To Get MADD about Driving and Cell Phone Use!

The Law Office of Jeffrey Meldon & Associates Welcomes A New Attorney

Tue, 03 Feb 2009 08:00:00 EST

The Law Office of Jeffrey Meldon & Associates is pleased to announce that Attorney, Bernard O'Donnell has joined our Office. Mr. O'Donnell graduated Summa Cum Laude in the top 1% of his law school class at Florida State University; actually he was #3 out of 225! In addition to accepting a position at our law firm, Attorney O'Donnell also works as a Legal Aide to Governor Charlie Crist and is finishing up his PhD this year at the University of Florida. This distinguished lawyer and scholar has already proven himself to be an invaluable asset to our law firm and we are proud to welcome him to our Team. To learn more about Mr. O'Donnell, you can check out his biography.

23% of Florida Drivers are uninsured... Beware!

Mon, 02 Feb 2009 08:00:00 EST

Florida has just been ranked along with New Mexico, Mississippi, Alabama and Oklahoma as the top five States in our country with the highest percentage of drivers on the road driving without the legally required insurance. Independent studies recently released by the Insurance Research Council (IRC) have shown that 23% of all drivers in Florida operate their vehicles illegally and have no insurance at all, making Florida the 5^th worst in the nation for having uninsured motorists.

This study also found a strong correlation to unemployment rates and the percentage of uninsured motorists. Because of this, it is forecasted that the percentage of illegal drivers will only increase in the year ahead due to rising unemployment and the economic recession.

Massachusetts was ranked as the #1 place for the lowest percentage of driver's driving without insurance, only 1% drive illegally.

Here is a link to read the IRC's news release
http://www.ircweb.org/News/IRC_UM_012109.pdf

For more information, you can read my blog on this news.

Floridians now is the time to protect yourself with adequate auto insurance coverage!

Mon, 02 Feb 2009 08:00:00 EST

Recent news releases have stated that currently 23 percent of drivers on the road today in Florida have no auto insurance and are driving illegally. This frightening fact means that nearly one in four of the drivers you encounter on the road today, has no insurance at all, a number that is predicted to only go up due to the current economic conditions.

To legally operate a vehicle in Florida a person is required to show proof of auto insurance only in the amount of $10,000 of PIP (Personal Injury Protection) and $10,000 of property damage liability. That is it, nothing more is required to legally get behind the wheel and drive in Florida. In addition, if a person is found to be driving without insurance, the Department of Motor Vehicles can suspend their license, for up to three years or until proof of Florida insurance is provided, whichever comes first. There is also a reinstatement fee of $150 up to $500, for subsequent violations, once proof of insurance is shown. For more information on insurance laws and penalties you can visit this site, http://www.flhsmv.gov/ddl/frfaqgen.html#2 .

Not only is this required insurance too minimal for adequate protection, the penalties are far too minimal as well!

As an expereinced accident attorney (personal injury lawyer) in located in Gainesville, Florida for 38 years, I have seen the life changing consequences that accidents can have, and the devastation that occurs when there is no money to pay for a person's medical care, property damage and lost wages because the at-fault person had none or just the minimum required insurance and they themselves were not protected with adequate insurance.

We now know that nearly 25% of all drivers on the road in Florida have no insurance, in addition to this 25% there is another large percentage that only has the State required, minimal insurance or are under insured. What does this mean if you are seriously injured in an accident and had not protected yourself with adequate insurance? Chances are that the money to pay for your medical bills, car repair or replacement will most likely have to come out of your own pocket, and your lost wages will not be recovered; in short, most likely you will be out of luck!

As an example, if you obeyed the law and purchased only the required minimal insurance, thinking you had full protection, and your car was totaled in an accident and the person at fault that hit you was not insured at all, the price for a new car will likely come out of your pocket. This is because; the required $10,000 of property damage liability insurance that you have only covers the other person's car (not your own) if you cause an accident. Plus, if you were seriously injured in the accident, your $10,000 of PIP could easily be used up before you get out of the emergency room. Remember, even if you have medical insurance, you could still get stuck with thousands of dollars of out of pocket medical expenses with no income coming in and no reimbursement for your damaged vehicle.

Now more than ever, I strongly urge everyone in Florida to take heed and protect themselves and purchase adequate insurance from a reputable insurance company. To start, I suggest that you read my recommendations for adequate insurance coverage. With 23% of drivers in Florida uninsured, and many others with just the minimal required insurance, this is the time for everyone to pull out their insurance policy and make sure they have uninsured motorist coverage, (among other coverages) to protect themselves and their family in the event of an accident. This is a topic I cannot stress enough! People are shocked when they find out that they are going to have to pay tens of thousands of dollars or more for someone else's mistake when they were obeying the law and were covered with the required insurance.

In light of the latest statistics, I believe it is time for the State of Florida to do more to protect its citizens and visitors and in the least, toughen up the penalties for driving illegally without insurance. Additionally, I believe Florida law makers should revisit the minimum insurance requirements so drivers and the taxpaying public are better protected.

Be safe, obey the law and set a good example..... BUCKLE UP Florida!

Fri, 16 Jan 2009 08:00:00 EST

According to the Gainesville Sun, a child died in a single-vehicle crash in Suwannee County last Saturday afternoon, two other children and an adult were injured. None of the passengers were properly restrained in the vehicle, according to the Florida Highway Patrol. The two injured children were an 11 month old and a 2 ½ year old, riding in the back seat, unrestrained. http://www.gainesville.com/article/20090113/NEWS/901131007&tc=email_newsletter

This is a tragedy that may have been prevented. Most people in Gainesville and North Florida know it is against the law to drive a motor vehicle without first buckling up. However, the penalties are minimal and currently police officers can only ticket adult drivers for not wearing seat belts if they are pulled over for some other traffic violation. I believe that law enforcement officials need to be able to better enforce the seat belt law by making it a primary offense which would then allow the officers to make traffic stops based solely on not wearing a seat belt, in addition we need to have stiffer penalties for the breaking the safety belt law.

The Florida Police Chiefs Association and the National Safety Belt Coalition along with Stay Alive From Education (S.A.F.E.) are pleased to provide you with the following safe driving information which could have a lifesaving impact on you and your children, go to http://www.fpca.com/seatbelt.htm for more information. Remember, Florida state law requires children under age 5 to be protected with an approved and properly used child restraint device. For children under 3, Florida law requires that they be in a separate car seat or a car seat that is integrated into the vehicle.

Failure to wear a seat belt contributes to more fatalities than any other single traffic safety-related behavior; statistics show that in 63% of deaths from vehicle accidents, seatbelts were not being worn. Wearing a seat belt is still the single most effective thing that we can do to save lives and reduce injuries on America's roadways. There is no doubt that in a car crash, passengers and the driver are much more likely to be killed if they are not restrained properly. This is why Florida has seat belt laws. To find out more about Florida's seat belt laws and facts you can visit, http://www.dmvflorida.org/seat-belt-laws.shtml .

Some people feel it should be a person's choice whether to wear a seat belt or not. I disagree; research shows that when a driver is unbuckled, 70 percent of the time, the other occupants of the car including children will not be buckled in either. Data shows that a child unrestrained in a 30-mile-per-hour crash is equivalent to a child falling from a three-story building. I believe we have a duty to protect those traveling in a vehicle with us; this is not a choice, but a duty and the law.

As a personal injury lawyer, I see the devastating consequences of accidents daily. I strongly support seat belt use. Personally, I put on a seat belt just to go around the corner and check to make sure everyone in my car is buckled up as well. As we have all heard, most accidents happen close to home, everyone should get in the habit of buckling up, you never know when an accident is going to happen, and it could be right around the corner.

My heart goes out to the Suwannee County family for their tragic loss. In light of this tragedy, I suggest that we take a minute and let this be a reminder to all of us on the importance of being in the habit wearing seat belts, using proper restraints for childern, and to making sure we are setting a good example as drivers and parents, and buckling up.

Here are some other articles on this topic.

Seat belts; do I have to wear them?
Seat belt defense

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

Wed, 14 Jan 2009 08:00:00 EST

On Monday, 12 Janurary 2009, the National Safety Council (NSC) stated that the primary source of driver inattention is cell phone use and called for a nationwide ban on talking on all mobile phones, both hand-held and hands-free, while driving.

The NSC, the watchdog consumer group that got states to toughen up their seatbelt and drunk driving laws, is now working on laws for cell phones. They admit that a nationwide ban on cell phones will be controversial and will not happen overnight. In fact cellular companies are already opposing it. However, according to the National Safety Council, "Years ago we didn't put on seat belts, or people who might have had a drink before driving wouldn't think of it now."

Five states plus the District of Columbia currently have bans on hand-held cell phones while driving: California, Connecticut, New Jersey, New York, and Washington. In all but Washington, it is a primary enforcement, which means a police officer can stop someone soley for using a cell phone while driving; there does not need to be another reason or traffic violation for the stop.

No state currently has a full ban on the use of cell phones (hands-free and hand-held).

Florida currently has no cell phone bans or restrictions on any group of drivers, even school bus drivers can legally chat on their cell phones while driving our children to and from school. Seventeen states plus D.C. have an all-encompassing cell phone ban on school bus drivers. Florida is one of eight states that have laws in place expressly prohibiting local jurisdictions from enacting restrictions called, which are called preemption laws.

It has been shown that "celling while driving" is like driving under the influence of drugs or alcohol. "It's not that your hands aren't on the wheel," said David Strayer, director of the Applied Cognition Laboratory at the University of Utah and a leading researcher on cell phone safety. "It's that your mind is not on the road."

For more information:

Governor's Highway Safety Association
http://www.ghsa.org/html/stateinfo/laws/cellphone_laws.html

National Safety Counsel Fact-Sheet
http://www.nsc.org/resources/issues/factsheet.aspx

Florida Supreme Court is working on increasing the use of alternative dispute resolution.

Wed, 14 Jan 2009 08:00:00 EST

In the January 1,2009 edition of the Florida Bar News, it stated that, The Florida Supreme Court Committee on Alternative Dispute Resolution (ADR) Rules and Policy has been working on a proposal to increase the use of alternative dispute resolution in Florida. http://www.floridabar.org/DIVCOM/JN/JNNews01.nsf/Articles/4F0483833BFB8F8C85257524006E6753

One type of Alternative Dispute Resolution is mediation. Mediation is a beneficial tool that is often used by The Law Office of Jeffrey Meldon and Associates to help accident victims come to a fair and just settlement with the insurance companies. To learn more about mediation, you can read this library article - The Purpose, Process, Advantages and Disadvantages of Mediation in a Personal Injury/Accident Case in Florida.

We need to get MADD about driving and cell phone use!

Wed, 14 Jan 2009 08:00:00 EST

The key to safe driving is to focus on the road and to avoid distractions. In fact, it has been reported that using a cell phone while driving equates to driving after consuming four alcoholic beverages. This statistic begs the following question: Why is there such a disproportionate amount of concern (and laws) pertaining to drinking and driving and no regulations regarding using a cell phone and driving?

On September 23, 2008, thirteen year-old Frances Schee was killed while riding the bus home. The school bus made a routine stop on U.S. 301 when a semi rear-ended it just outside of Ocala. While the facts and evidence are still being collected, the truck driver stated he was on his cell phone and didn't see the bus.

The potential dangers of using a cell phone while driving are far from a recent issue, and cell phone related motor vehicle accidents have increased at a frightening rate over the past 15 years. Yet despite the facts staring every cell phone user in the face, cell phone usage in the car is more prevalent today than ever before.

Currently, only five states and the District of Columbia have enacted laws that forbid using a hand-held cell phone while operating a motor vehicle. Countries such as Brazil, UK, France, Japan, and Australia have already passed strict laws forbidding this practice.

As a personal injury lawyer in Gainesville, Florida, serving Ocala and all of North Florida I see the results of accidents every day and I wonder, How many more tragedies like the one outside of Ocala must occur before this issue is taken seriously?

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

Wed, 14 Jan 2009 08:00:00 EST

The National Safety Council (NSC), the same watchdog consumer group that got us to buckle up our seatbelts and not drive after drinking is now working on banning cell phone use while driving. See, NSC calls for a nationwide ban on cell phone use while driving.

Currently 5 states and the District of Columbia have partial bans on cell phone use while driving, meaning only hand-held. Sadly, Florida is not one of them. In fact Florida has no bans on cell phone use at all; it is even legal for school bus drivers to be celling, and even texting while driving our children to and from school. 17 States plus DC ban mobile phone use while driving a school bus and also for novice drivers.

Alachua County has no say in this matter because Florida is one of 8 states that have laws that prohibit local jurisdictions from enacting restrictions on cell phone use.

According to the Governor's Highway Safety Council, 80 percent of crashes are related to driver inattention and the #1 culprit is cell phones. Drivers who use cell phones are four times more likely to be in a crash while using a cell phone.

It is time for us to put pressure on our legislature and stop the #1 distraction of drivers' on the road today, cell phone use while driving. The facts are in, we all know it is a distraction, we have even heard about accidents that have occurred while on the cell phone, but we don't want to stop. In the least we can educate ourselves, our novice drivers and all of our loved ones about the dangers of celling, hand-free and hand-held, and of course texting while driving. Even though it may be legal does not mean it is safe.

In the old days, no one wore seatbelts; many cars didn't even have them. The country wised up and now buckleing up is the law. It is now time for Florida and this country to protect our citizens and taxpayers and enact nationwide bans on cell phone use while driving.

As a personal injury/accident lawyer I see the results of accidents daily and publicly suggested months ago that we needed to take this issue seriously, in blogs during the aftermath of the school bus fatality in Marion County.

I am glad that the NSC is working to make this a safer country, however, we can begin with each one of us turning off the cell phone while driving and start today, we do not have to wait for it to be the law. Remember, it is a brain problem, not a hand problem, so hand-free celling is just as dangerous too. Be safe and turn it off while driving!

We teach our children to buckle up, not drink and drive, and now we need to make sure they know to not drive and chat, and we need to take the lead by setting an example and we need to start today.

Here are our previous blogs on this topic.

http://www.meldonlaw.com/blog/operation-bluebird-is-commendable-but-we-need-more.cfm

http://www.meldonlaw.com/blog/we-need-to-get-madd-about-driving-and-cell-phone-use.cfm

Other resources:

Governor's Highway Safety Association
http://www.ghsa.org/html/stateinfo/laws/cellphone_laws.html

National Safety Counsel Fact-Sheet
http://www.nsc.org/resources/issues/factsheet.aspx

Studies on cell phone use
http://www.psych.utah.edu/AppliedCognitionLab/

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?!

Mon, 05 Jan 2009 08:00:00 EST

Motor scooters have become so prevalent on and around college campuses that they, along with backpacks, cell phones, and iPods, have nearly become a required item of purchase for higher education. Their popularity, however, is not limited to a single demographic.

In 2007, scooter sales in the United States reached its highest level in 20 years(http://www.mlive.com/business/index.ssf/2008/05/post.html). Annual scooter sales through September 2008 have increased a staggering 50.6% ... from 2007 sales for the same period (http://www.webbikeworld.com/Motorcycle-news/blog/). That's a fifty percent increase from a record setting year. Few other industries can claim ever having garnered such gaudy statistics, and most likely no other industry can even approach these numbers given the current national economic crisis.

Scooters are indeed popular for many reasons, including cost (both actual and subsequently-related costs, e.g. gas), convenience, and relative low maintenance. Because insufficient parking is a constant and continuing issue on campuses across the country, as well as on the University of Florida campus, college students are particularly attracted to scooters.

The natural laws of cause-and-effect, however, dictate that this recent "scooter surge" would effect other aspects of our society as well. Unfortunately, change is not positive in this circumstance, as the dramatic (and even unprecedented) increase in scooter sales has brought about a commensurate, if not greater, increase in scooter related accidents and injuries. In Gainesville alone there have been 2 fatal accidents involving University scooter riders due to traumatic brain injuries in 2008. In both of these deaths the scooter riders were not wearing helmets.

According to the Gainesville Sun, 4,000 permits were issued for University of Florida students for motorcycles and scooters in the Fall of 2008 alone.

Gainesville Police Sgt. Joe Raulerson, who heads the agency's traffic safety team, said he doesn't know if a helmet would have prevented all the injuries the two students received in these scooter crashes. But, he said, wearing a helmet couldn't have hurt.

Raulerson was also quoted in the Sun, saying some of UF's football players ride scooters, and like many scooter riders on and near campus, don't wear helmets. "They're riding around campus without a helmet. Yet, when they step out onto the field, they put a helmet on," he said.

The law states that scooter riders under 21 must wear helmets and carry $10,000 of medical payment coverage. Is that enough? It is common place to see not only helmet-less scooter riders on the streets of Gainesville, but riders without other more less than subtle precautions like dress (wearing shorts, tank tops, flip flops, and a back pack, etc.). Scooter riders sans helmet or shoes, riding double, wearing headphones, and so forth only increase the potential risk for accidents and injuries and fatalities.

It is time for tougher Florida helmet laws as well as for them to be enforced to protect our Gainesville students and all scooter riders during this time of surge in scooter sales. Do we have to wait for more students to be killed or injured before something meaningful is done? We protect our football players with adequate protection, shouldn't we do the same for all UF students? Football players of all ages are required to wear helmets before stepping onto the field, and they may not remove the helmet at any time until they leave the field. Yet scooter riders, who travel on a much harder surface (grass vs. asphalt) and at a far greater speed than football players, are not held to these same requirements and regulations. Plain common sense should tell us that something is wrong with this picture.

For more information and my views on this topic as a personal injury/accident lawyer/attorney serving Gainesville, Ocala, Inverness and Lake City and all over North Florida, see my previous blog, "It is time for our legistature to rethink the helmet law for Floirda!".

University of Florida reveals new sanctions for students arrested for DUI

Tue, 16 Dec 2008 08:00:00 EST

The University of Florida Office of Student Judicial Affairs has revealed within the last couple of weeks that they are implementing a new sanction to address first DUI offenders and those who are charged other minor misdemeanors that violate the Student Code of Conduct.

Previously, under section 6C1-4.047(3) of the Student Code of Conduct the major sanction options were suspension and conduct probation (expulsion is also available but rarely used except in very serious cases not addressed here).

Suspension meant the student was not allowed to register for, attend, or receive credit for classes, usually for one semester. Sometimes the suspension would be for the semester in which the offense occurred (in which case the student lost the tuition and credit for classes taken) and sometimes it would be the next semester.

Conduct probation meant the student was allowed to stay in school but could not represent the school in any official capacity (fraternity/sorority, student government, athletic, etc) and usually had to do community service on campus and/or educational projects in a subject related to their offense. Students placed on conduct probation were subject to suspension if they violated the conditions placed on them by the school.

The University is now going to try a "deferred suspension" sanction which sounds like it's going to be a blend of conduct probation and suspension. It will go on the student's record as a suspension but imposition of the suspension will be "deferred" pending the student's successful completion of the other terms of their sanction order.

We expect the other sanctions will be much like conduct probation and may include: reprimand, loss of University privileges (e.g. athletic function attendance, unrestricted library use, parking privileges, University computer usage, residence hall visitation, cannot represent the University, cannot hold an office in any student organization, or participate in any study abroad program. Additionally, students may be required to pay restitution, perform University community service, and complete a specified educational sanction related to the violation.

The primary difference between the new "deferred suspension" and traditional conduct probation is that if the student commits a violation of the Student Conduct Code or Student Honor Code while on deferred suspension and is found responsible, the student is automatically suspended for the prior violation in addition to whatever other sanctions are imposed for the subsequent violation.

We expect that the University will utilize the "deferred suspension" for most DUI offenses in the future. However, if there are egregious facts such as an accident, an extremely high breath test result, fighting with or even demeaning the police officers, the University may still opt for an immediate suspension.

We will keep the University student community advised of the continuing changes to the University's Student Code of Conduct as we review the recent changes that have taken place.

Link to Student Conduct Code: http://www.dso.ufl.edu/sccr/honorcodes/conductcode.php#s4047

It is time for our legistature to rethink the helmet law for Floirda!

Fri, 05 Dec 2008 08:00:00 EST

Michael VanWagner 22 of Sparr died yesterday after being in a wreck while riding his scooter down University Ave without a helmet on Tuesday. Although the Gainesville Sun article today, did not mention the cause of death, it had been stated by spokeswoman Officer Summer Hallett of the Gainesville PD earlier this week, that he and had sustained life-threatening head injuries when a car hit the rear of his scooter and pushed him into the back of a pickup. VanWagner, a University of Florida student was critically injured in the car accident and had undergone surgery, at Shands at UF after being treated by the trauma team.

If he had been a scooter riding student at a University in France or Italy or any number of European countries, this accident may have had a different ending.

As an accident lawyer in Gainesville, Ocala, and other areas of North Florida I often see the catastrophic, life changing results of scooter, moped and motorcycle riders injured in accidents when not wearing helmets. Brain trauma and head injuries are three times more likely when "riding free" and can often be avoided or minimized if wearing a helmet for protection.

Florida revoked the helmet law for motorcycle and scooter riders in 2000 if the rider is over 21 and as long as they carry $10,000 of Medical Payment Insurance. Although Van Wagner was 22 and may have been riding his scooter within legal requirements many of University of Florida students are under 21. Even if he had the required insurance, and survived, from the account of his accident and injuries, it would surely not have be enough to cover his hospital bills and rehab therapy expenses.

As a downtown resident, I often see young scooter riders going down the streets in traffic in shorts and tank tops and without a helmet for protection, much less any protective clothing, as if they are immune to injury and accidents because they are on a low powered vehicle. It is the extremely rare rider that I see wearing a helmet; in fact more bicyclists can be seen wearing protective head gear than scooter or motorcycle riders.

In a recent trip to Paris I observed scooter and moped riders, men and women, dressed fashionably complete with helmets. This is because it is the law in France as well as most of the European nations including Belgium, Germany, Italy, Spain, Sweden, and many other countries, according to the World Health Organization Helmet Initiative.

Isn't it time for this State, and this Country to join Canada and the majority of the "evolved" nations and mandate helmet use and protect our riders, and taxpayers? Statistics show when helmet use laws are enacted, helmet use increases and fatalities and serious injuries decrease.

It is time for our legistature to rethink the helmet law for Floirda!

It is time for CMI to be straight with everyone about its Intoxilyzer 8000.

Mon, 01 Dec 2008 08:00:00 EST

The CMI Intoxilyzer 8000 currently used throughout the state of Florida has been the subject of relentless attack over the past few years by knowledgeable defense attorneys who question its accuracy and precision in determining blood alcohol levels of people arrested for DUI .

The courts are finally insisting that the manufacturer disclose the machine's source code so that the inner workings of the device can be evaluated. Acting as though they have something to hide, CMI, has refused to obey the court orders in spite of fines mounting to million dollars sums. CMI has been found to be in contempt of the court orders now being issued throughout Florida.

It is highly unusual for scientific devices to be off limits for the defense experts to examine and evaluate in order to argue what weight a judge or jury should place on their findings. We have all heard experts in highly publicized trials arguing over the reliability of DNA, fingerprints, hair or blood samples, and a myriad of other evidence submitted by either side to prove or disprove a case.

It is interesting that CMI thinks it is above the law. However their reluctance to play by the rules may be catching up with them. The state of Ohio has placed a 6.4 million dollar order for new Intoxilyzer 8000 machines but the chairman of the Ohio Senate Finance Committee, Senator John Carey, is requesting that the state reconsider its purchase. He is concerned that in several other states including Florida thousands of drunk driving cases have been delayed or dismissed because of questions about the Intoxilyzer 8000's accuracy. Those other states include: Minnesota, Louisiana, Massachusetts and New Jersey.

Some issues that are still being evaluated are whether or not the machine can be manipulated based on how hard and how frequently a person is asked to blow into the machine. Another concern is that the machine doesn't keep a permanent record of the data it obtains. Ohio State University emeritus professor Alfred E. Staub, an expert on alcohol-breath test machines stated that " The machine just has a greater range of acceptable standards. It's more loosey-goosey, basically"

It is time for CMI to be straight with everyone including those charged with DUI in Florida where a conviction creates a permanent lifetime record which can never be erased. It will be difficult if not impossible under current rules to undo a conviction if we find that it was based on faulty and unreliable evidence produced by the Intoxilyzer 8000.

The state of Florida should either require that CMI produce all relevant information required by court order or choose one of the other more cooperative manufacturers of breath testing machines.

Florida court decision relieves car rental companies from liability

Sat, 29 Nov 2008 08:00:00 EST

A new Florida court decision released on November 26, 2008 determined that car rental companies are no longer responsible for accidents and injuries caused by the drivers of the cars they own. The fourth district court of appeals of the state of Florida decided a Palm Beach case in which the injured victim of an accident tried to make Dollar Thrifty Car Rental agency legally responsible to pay for the damages he suffered as the result of the negligent renter and driver of a dollar thrifty car. Florida law provides that the owner of any car is responsible for injuries and damages suffered if the driver of their car was at fault. However, a new federal law passed in 2005, called the Graves Amendment, gave car rental agencies immunity from lawsuits for accidents caused by people who rented their cars for 1 year or less. Although the court sided with the car rental agency they did request or certify the following question for review by the Florida supreme court: Does the Graves Amendment, 49 U.S.C. section 30106, preempt section 324.021(9)(b)(2), Florida Statutes(2007)?

To read this decision, check out the link below.

Florida car rental companies let off the hook by Florida Court of Appeals

Sat, 29 Nov 2008 08:00:00 EST

A recent Florida court decision in a case out of Palm Beach County lets the car rental agencies in Florida avoid legal liability for accidents caused by renters negligently driving their cars.

Florida law provides that the owner of any motor vehicle is primarily responsible for any accidents and injuries caused by anyone driving their car. The original concept of liability is based on the fact that cars/trucks are dangerous instrumentalities and that the owner should be responsible for the actions of anyone he entrusts the vehicle to.

Florida also passed a vicarious liability law which makes every owner legally responsible for any accident caused by their vehicle.

But the Federal government in Washington decided to let the rental car companies who rent cars to people off the hook for rentals of 1 year or less. The federal legislation, passed in 2005, is called the Graves Amendment, and preempts or takes precedence over any state law to the contrary.

It seems ironic that the Republican Party which champions States Rights was behind the change in the law that says that federal law trumps State Law.

The real victim of this change is every person in Florida that has been or will be injured by the careless driver of a rental car.

There is no rational basis to exempt car rental agencies from their legal responsibility especially since they have the right to determine who they will rent cars to. They can easily access driving records and decide if they want to rent a car to the applicant. The people of the state of Florida deserve to be protected from negligent drivers no matter who owns the car.

In the long run we will all have to pay for the medical expenses incurred by innocent victims who have no health insurance and must turn to the State Medicaid system to pay their medical bills.

Let's hope that the Florida Supreme Court reverses the lower court and reinstates the existing law in Florida and provides much needed protection to everyone on the road.

1st DCA Rules The DMV Must Consider Lawfulness of Arrest To Sustain Driver's License Suspension

Mon, 24 Nov 2008 08:00:00 EST

When a person is arrested for Driving Under The Influence, their driver's license is immediately suspended by the Florida Department of Highway Safety and Motor Vehicles as a result of the arrest (i.e. before conviction). The person has a right to request a Formal Review Hearing to contest the suspension but the request must be made within ten (10) days of the issuance of the Notice of Suspension (normally contained in the DUI citation). Florida Statute 322.2615 sets forth the scope of the issues in the Formal Review Hearing.

The statute used to require that the hearing officer consider whether the person was lawfully arrested for DUI. The state didn't like the fact that police departments all to often could not prove the arrest was lawful and driver's license suspensions were being overturned. So, in usual government/law enforcement fashion, they got the statute changed to delete the requirement that the police prove the lawfulness of the arrest. However, the Legislature did not change Florida Statute 316.1932 which requires that a breath test be administered "incidental to a lawful arrest".

Prior to today, the Fifth District Court held that because of the language of FS 316.1932, the State must still prove the lawfulness of the arrest to sustain the administrative suspension. Contrary, the Second District Court of Appeal recently ruled that there is no conflict in the lanaguage and that FS 316.2615 controls the scope of review (i.e. the issues) and therefore the State need not prove, and the hearing officer need not decide, whether a driver was lawfully arrested.

Today, the First District Court of Appeal in Tallahassee, Florida joined the Fifth District Court of Appeal and ruled that at Formal Administrative Hearings, the DHSMV Hearing Officer must consider whether the police lawfully arrested the driver in order to uphold the administrative suspension of the citizen's driver's license. All three Courts have certified the conflicting opinions to the Florida Supreme Court. This is normally done as a method of asking the Supreme Court to decide the issue and publish an opinion that would be binding on all lower Courts throughout the State. We will continue to watch the issue and keep you abreast of developments.

To read the First District Courts opinion, click on "read more about this article" below.

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

Mon, 17 Nov 2008 08:00:00 EST

Florida repealed the Universal Helmet Law in 2000 for motorcycle riders over 21 years of age and since then fatalities from motorcycle accidents have increased by 81%. According to the American College of Surgeons, motorcyclists that “ride free”, without a helmet, are over three times more likely to suffer a serious brain injury when compared to riders wearing helmets in an accident, and their average hospital bills are doubled. A hospital bill for a serious head injury could run close to $200,000, not including rehabilitation, future medical expenses, and lost wages.

When the Florida legislature repealed the Universal Helmet Law, they made it mandatory for motorcyclists, riding without helmets, to carry $10,000 of Medical Payment Insurance to cover the costs of injuries that the helmet-less rider may incur if in an accident. This seems rather irresponsible on our legislature’s part, as the financial burden of the poorly insured motorcyclist that is riding legally without a helmet, is borne by the public.

Statistics show when helmet use laws are enacted, helmet use increases and fatalities and serious injuries decrease. At this time there are 20 States and Canada that require helmet use for all motorcyclists, including our neighbors, Alabama, Georgia, Louisiana, and Mississippi.

As a personal injury lawyer that has been helping people injured in accidents for 37 years in Gainesville, Ocala and all over North Central Florida, I recommend that if you are going to “ride free”, (or ride at all), ride with full insurance coverage protection. Statistics show that most accidents involving motorcycles are caused by the careless car or truck driver, no matter if the rider is wearing a helmet or not. On top of this, over 50% of drivers on the road in Florida are underinsured, minimally insured, or not insured at all and are driving illegally. If a motorcyclist gets in an accident with a car or vehicle of any type and the owner or the driver of the vehicle falls into that 50% category, and if the motorcyclists themselves do not have adequate insurance coverage, they are out of luck, and on top of devastating injuries, the financial costs will most likely cause bankruptcy.

I strongly urge all motorcyclists to carry full insurance coverage, including Uninsured Motorists Coverage (UM), $100,000 minimum, to be protected from another driver’s carelessness and Medical Payment of $50,000 plus Medical Insurance (such as Blue Cross) to be protected no matter who was at fault. That way if the worst thing happens and a tragic accident occurs, they will be able to financially take care of themselves and their family.

Perhaps, as well as increased Medical Payments Coverage limits the legislature should require realistic mandatory Uninsured Motorist’s coverage for riders to protect them from careless car and truck drivers on the road.

Ride safe and protect yourself against someone else's mistakes!

Operation Bluebird is commendable; but we need more!

Mon, 17 Nov 2008 08:00:00 EST

It appears that recent local school bus accidents--particularly, the September 23rd, 2008 Ocala tragedy, in which thirteen year-old Frances Schee was killed when a tractor-trailer rear-ended the stationary school bus on which she was riding—have inspired some action.

Police officers from the Alachua County Sheriff's Office, the Gainesville Police Department, and the Florida Highway Patrol have joined forces to "crack down" on illegal school bus passing. The program, named Operation Bluebird, calls for strict enforcement of state laws regarding motorists passing a school bus. Florida law requires motorists to stop (unless there is an unpaved or raised median) when a school bus stops, turns on its flashing lights, and extends its stop sign.

Last week, officers issued 28 citations to motorists for illegally passing a school bus. They also issued 36 related citations, gave 28 warnings, and issued two criminal citations.

Operation Bluebird is a commendable program and the police coalition's efforts are indeed laudable. The program, however, does not directly address the central and common issue regarding the recent school bus accidents, including the one that took France's life: driver distraction. The illegal passing of a school bus did not cause any of these accidents; to the contrary, the motorist struck the bus from behind in each case. Until the issue of driver distraction is addressed through legislation and community involvement, programs like Operation Bluebird, while effective in other ways, only serve to distract us from addressing and remedying the real danger on our roads--drivers failing to pay attention because they are preoccupied with talking on a cell phone, reading or more shockingly, sending a text message!

We need to develop programs and pass laws that not only protect our school children but everyone on the road!

The Yamaha Rhino; It really IS quite a surprising vehicle indeed!

Mon, 17 Nov 2008 08:00:00 EST

The Yamaha Rhino; part utility vehicle, part all-terrain vehicle, part 4x4, Yamaha calls it the "Amazing Rhino Utility Vehicle". No matter what you call it, the truth is that it is an amazingly dangerous motorized vehicle that has caused many deaths, injuries and permanent disabilities!

Yamaha's Rhino website states, "This vehicle will really surprise you at what it can do!" This seems to be a statement of fact, because what it can do is very surprising - it rolls over and in a surprising easily and deadly manner.

Since the introduction of these deadly machines in 2003, thousands have died or have been severely injured when the "Amazing Rhino" rolls over. Severe head, brain and neck trauma often results from the roll over. Crushing injuries that frequently result in amputations of arms, legs, fingers and permanent disabilities are caused by the roll overs in an alarming number. Plus, data shows that the younger the person is that is in the vehicle when it rolls, the more likely hood of death being the end result.

The problem with these "surprising" vehicles is in the design. In short, they are top heavy. They were designed with a high center of gravity, a narrow track width, small tires, and many other dangerous design flaws. Essentially, it appears they were built to roll over, or so one can only assume. In addition, the Rhino has no padding on the high roll bar, there are no doors to keep legs and arms in as it rolls over, seat belts are poorly designed, and there is no handrail to grab on to. This is a surprisingly dangerous vehicle!

Yamaha denies that these vehicles are dangerous, yet recently the company has offered free doors and handrails to be installed in the Rhino. Yamaha officials blame the drivers for erratic and careless driving, however; independent studies have shown them to roll over at speeds under 20 mph, on level ground, and under normal maneuvers, with adult drivers.

This cute little 4x4 is not a toy nor is it a vehicle that I would recommend anyone own or ride in!

If you have been injured in a Yamaha Rhino roll over accident, you will need an experienced lawyer to help you get justice and figure out the difficult insurance and legal world. These "vehicles" do not fall under auto insurance requirements; they may be covered under a person's homeowner insurance under certain conditions. Yamaha has been sued, in fact many lawsuits have been filed in many States against Yamaha, as product liability suits. Feel free to give me a call if you would like more information. I and my experienced associates and staff have handled these type of cases and can lend you knowledgeable legal advice and support.

Yamaha Rhino? These are not the type of surprises we need in life!

"Watch out for yourself - and your friends," as Machen encourages in the Gator Watch Initiative is good, but just not enough. We as a City can and should do more!

Mon, 17 Nov 2008 08:00:00 EST

The Gator Watch Initiative started by Chris Machen, UF’s first lady, is a good plan to promote game-day safety and we need more plans like it. As a Personal Injury and DUI lawyer in Gainesville, Florida, I have seen first hand the devastation that can result from drinking; everything from deaths, to severe injuries, and other life long consequences due to alcohol and/or drugs, and especially if driving while under the influence.

The University of Florida was ranked the number one party school in the nation by The Princeton Review last summer, which means “partying” is common on and off campus. On game days, and game day weekends, all you have to do is drive down University Ave and it is obvious the amount of drinking and partying going on among students and other Gator Sport’s enthusiasts. Combined with the popularity of Gator Sports in Gainesville, tailgating, and other pre-game parties that can start many hours before the games, or even the day before, this can be a deadly combination, even if the games are away games. After UF’s 2006 national basketball championship in Atlanta, a police officer was killed by a drunk driver in Gainesville on University Ave.

As a downtown resident living in Union Street Station, I see and hear the bars closing at 2am followed by the young patrons that were obviously drinking and partying, leaving and getting in their cars to drive home. And this goes on every night of the week except Sundays when there is an 11pm closing time, Gator game or not. In the bars, last drink call is 20 to 30 minutes before closing time, when it is common to “drink down a last one” and quickly before closing time, when then drinking and or drunken patrons are turned out onto the streets, just after guzzling down their last one. Does this make sense? Is this safe? Shouldn’t there be a “cool down/sober up” time before turning them loose on the town? Not only is this a noise nuisance issue for residents, it is a safety concern for all.

This year Gainesville initiated a new late night taxi program in which taxi stands were set up in two key locations to help partying students and others get home safely. This is a good start, but we could use more initiatives like this.

As a University Town, the University of Florida and the City of Gainesville needs to do all it can to keep our students and citizens safe. The Gator Watch Initiative is a good beginning but we need more, and not just for game days!

"Watch out for yourself - and your friends," as Machen encourages in the Gator Watch Initiative is good, but just not enough. We as a City can and should do more!