Orlando Personal Injury Lawyer - Automobile Accidents

Helpful Hints In Selecting a Child Car Seat

Ed Normand — Fri, 13 Nov 2009 17:03:08 GMT

Baby Car Seats - Did you know...

Often parents move their child from a baby car seat to a full-size safety seat too soon. Data from crash-testing reveals that a baby is better protected in a rear-facing seat because the seat gives better support to the baby’s head and neck, and distributes the crash force over a greater area of their body. The general rule of thumb is to wait until your child is at least one-year of age, and weighs at least 20 pounds, before you move your child to a full-size safety seat. If your child weighs more than 20 pounds, but is still under a year of age, it is best to keep him/her in a rear-facing seat. The National Highway Traffic Safety Administration (NHTSA) and the Academy of Pediatrics (AAP), along with car seat safety advocates, now also recommend that babies remain in a rear-facing seat as long as possible, up to the weight limit of the seat. If the weight limit of the seat is 30 pounds, these groups recommend that it is best to keep your child rear-facing until they reach the weight limit of the seat.

Originally posted at InjuryBoard by Ed Normand

More Dangers of Distracted Driving

Ed Normand — Tue, 03 Nov 2009 12:38:14 GMT

A client of mine was forever maimed in a recent car crash, but she wasn’t even driving. Jane was walking in her neighborhood, in broad daylight, when a car veered off the road, and mowed her down. Jane now has a broken hip, a collapsed lung, and two broken legs, a fractured spine and may never walk again. What is even more sad is that this was all completely preventable. Jane’s husband is the Home Owners Association President in their neighborhood, and has witnessed countless reckless drivers for months. In fact, he’s been trying to get help from anyone to improve safety in his neighborhood, but to no avail. Drivers have hit everything from light poles and fences, to even homes. Jane’s husband set up multiple surveillance cameras in the area before his wife’s accident, and was able to catch the entire accident on video.
Jane faces months of recovery, and most likely will never be the same. She’s in critical condition at a local hospital, with severe injuries. The video shows the terrible accident, and clearly shows how the car in question ran Jane down. The driver admitted to being distracted when he ran off the road.
I’ve blogged previously about the dangers of distracted driving. For my previous article, please visit: orlando.injuryboard.com/automobile-accidents/dangers-of-distracted-driving.aspx
It is about time the Florida Legislature does something to stop driving while texting and other forms of distracted driving. Studies have confirmed that distracted drivers are less safe than drunk drivers! Lets fix both, perhaps we need a Mothers Against Distracted Drivers group before the carnage stops.

Originally posted at InjuryBoard by Ed Normand

Dangers of Distracted Driving

Ed Normand — Wed, 30 Sep 2009 10:24:24 GMT

With the advent of safer cars, airbags and mandatory seatbelts one would think that we are progressing toward safer roadways. Technology, however, is bringing about a new and very real danger: distracted driving.

Distracted driving can take many forms including traditional ones like eating in the car or screaming kids. Now, with the proliferation of modern communication devices we have the added danger of not just talking on the phone but also texting while driving.

At a two day summit that began today in Washington D.C., the Transportation Department is tackling the issue of distracted drivers and how the traffic laws should be reformed to stop the dangers of driving and texting. The forum will include various speakers who have knowledge on the dangers of holding a steering wheel in one hand and typing on a PDA in the other. One of the speakers is a teenage driver from Utah who crashed his vehicle while texting and killed two other people.

The statistics on automobile accidents caused by texting and driving are not clear because most drivers do not willingly offer that they were using a communication device when in a crash. Most Traffic Crash Reports do not even have a field or box where the investigating officer can routinely inquire about the use of a cell phone at the time of the crash. At a minimum the investigating officer at the time of a crash should obtain the cell phone data including phone number of the at fault driver to permit easier investigation into the possibility of texting or phone use being a contributing factor to the crash.

Technology could also come to the rescue to prevent distracted driving. Most parents want their teens to have cell phones but are worried about the use during driving. There now exist GPS devices that block the receipt of emails and texts into a PDA while a vehicle is moving. The products hold the receipt of the message until after the vehicle is stopped. This technology should be offered as an easy option for any parent to purchase for their children. While it will not stop all distractions and can keep the hands on the wheel and away from the keyboard.

Originally posted at InjuryBoard by Ed Normand

Sunday P.M. Rain Wreaks Havock with Central Florida Highways

Sandy Grinnell — Tue, 29 Sep 2009 05:06:00 GMT

A mid-afternoon heavy rain shower on Sunday resulted in multiple auto accidents from Polk County to Tampa, causing significant delays on both I-4 and I-95.

The I-4 pile-up occurred at about mile marker 55 in Polk County, which is the same vicinity as the massive smoke-related accident back in January 2008. As the skies opened up, the brake lights started to come on and the heavy rain made it impossible for some drivers to stop. In all there were about 30 vehicles involved and luckily most had only minor damage. Only four of the victims were taken to local hospitals by ambulance. Adding to victims problems was the was the heat and heavy humidity they had to endure waiting for investigators and wreckers to clear the scene.

In Tampa there was a major traffic jam resulting from a 17-car and one charter bus accident on I-75 north between SR 60 and Martin Luther King Blvd. There were 6 injuries reported, none of them life threatening.

Also in Tampa, a rain soaked Howard Franklin Bridge only added insult to injury for Buccaneer fans whose team lost again. There were about 8 auto accidents involving as many as 50 cars that shut down the Howard Franklin for about 3 hours. This bridge is a major thoroughfare from Tampa across the bay to St. Petersburg. There were no reports of injuries in these accidents.

Originally posted at InjuryBoard by Sandy Grinnell

FHP: Labor Day Highway Deaths Were Down

Sandy Grinnell — Fri, 18 Sep 2009 06:34:00 GMT

While the total number of Florida highway deaths over the long Labor Day week-end are not yet available, the number of car crash related deaths investigated by the Florida Highway Patrol was seven this year compared to the twenty fatalities last year.

From Thursday, August 21 through Labor Day, FHP joined law enforcement officials across the country in the national Over the Limit. Under Arrest. program in an effort to curb driving while drunk. FHP also concentrated on enforcing their own Be Smart, Drive Smart Florida! campaign which is based on Florida's Move Over Law. The Move Over Law was designed to protect first responders and law enforcement officers when parked along side our streets and highways. It states that:

On a two-lane roadway, you are required to slow to a speed that is 20 miles per hour less than the posted speed limit.
If the speed limit is 20 miles per hour or less, you must slow down to five miles per hour.
If you are driving on an interstate or roadway with multiple lanes of travel in the same direction, and you approach an emergency or law enforcement vehicle parked along the roadway, you must vacate the lane closest to that vehicle as soon as it is safe to do so. If you are not able to safely move over, you must slow down to a speed of 20 MPH below the posted speed limit unless directed otherwise by a law enforcement officer.

Over Labor Day week-end alone, FHP officers arrested 136 drivers for driving while impaired and issued over 16,000 citations. While there may be some that say that our law enforcement officers should have better things to do than just issuing traffic violations, if they saved just one life from a drunk driver, I think they should be commended. As Col. John Czernis, director of the Florida Highway Patrol put it,

"We are very proud of the dedicated service and commitment to highway safety exhibited by our troopers. Doing our job makes a difference."

Originally posted at InjuryBoard by Sandy Grinnell

NTSB Urges Florida to Pass Child Booster Seat Law

Sandy Grinnell — Wed, 09 Sep 2009 14:20:40 GMT

When I posted the blog last week about National Child Passenger Safety Week, I didn't know that the NTSB was going issue a press release today asking Florida to comply with its child booster seat recommendation. Florida is one of only three states that has yet to pass a law requiring older children to be restrained in a child booster seat. Arizona and South Dakota are the other two.

The NTSB has had the booster seat recommendation on its Most Wanted Listed of Transportation Safety Improvements since 1997. Here are their recommendations:

Use a booster seat when your child has outgrown the forward-facing seat. Be sure to check the height and weight limits for the seat you own. Your child needs to use a booster seat from about 4 to 8 years old or until your child reaches about 4 feet, 9 inches.

Keep your child in a booster seat until the adult lap-and-shoulder belt fits properly. The seat belt should lie across the chest between the neck and arm and the lap belt must be across the upper thighs, not the soft stomach.
An adult lap-and-shoulder belt can be used when your child is tall enough (usually about 4 feet, 9 inches) to sit against the back of the car’s seat with their legs bent at the knees with their feet hanging down.

The NTSB Chairman, Deborah A.P. Hersman says, This coming week the nation observes National Child Passenger Safety Week (September 12-18) with child safety seat checks and other events throughout the United States designed to educate and alert adults to the importance of keeping our littlest passengers safe." said Chairman Deborah A.P. Hersman. "Unfortunately, there are three states and two U.S. territories that still do not mandate booster seats for children." Hersman continued, "My colleagues and I hope that 2010 is the year that these legislatures will adopt this best practice and increase our young children's safety in cars across this entire country."

Originally posted at InjuryBoard by Sandy Grinnell

Is Your Child's Safety Seat Truly Safe?

Sandy Grinnell — Thu, 03 Sep 2009 09:53:21 GMT

National Child Passenger Safety Seat Week is September 12 - 19, sponsored by the National Highway Traffic Safety Administration (NHTSA). Auto accidents are the number one cause of death in children between the ages of 2 and 14. The cause of death is primarily due to the child not being properly restrained in a child safety seat, improper use or installation of a safety seat, or an older child not wearing a seat belt.

As your child grows, the safety seat must be suitable for his or her age and size. But with the numerous selections available, how does one choose? The Child Passenger Safety page of the NHTSA website details the proper selection of your child's safety seat for four stages of a child's life - baby, toddler, child, and tween.

Now that you have the right child restraint seat, do you know if you installed it correctly? Many children die in their child seat because of improper installation or the child's seat does not match the vehicle. NHTSA recommends using the LATCH system - Lower Anchors and Tethers (Restraints) for Children. According to NHTSA:

Nearly every car seat and most vehicles manufactured since September 1, 2002, are required to have the LATCH system. LATCH makes it easier to get the child seat in right – the first time and every time.

The website also has demonstration videos to show you how to properly install your child's seat. Then if you're still not sure, contact one of the local child seat inspection stations that offer free inspections.

Originally posted at InjuryBoard by Sandy Grinnell

Are Bars Their Brother's Keeper? CDC Reports Binge Drinking

Mark Willingham — Wed, 02 Sep 2009 11:16:02 GMT

Mike Stobbe of the Associated Press reported yesterday that a new study to be released in October by the Centers for Disease Control (CDC) found that one in ten binge drinkers drove the last time they drank heavily. And half of those impaired drivers were coming from a beverage premises after drinking. One of the study’s leaders, Timothy Naimi, stated that binge drinking is a main factor behind more than 11,000 deaths annually from alcohol-related motor vehicle crashes. These findings, while not surprising to those who regulate the alcoholic beverage industry or investigate impaired driving crashes, brings into sharp focus a long-standing debate on the bar owner’s responsibility to prevent impaired driving and whether bars are in fact their brother’s keeper.

No one will argue that the impaired driver is blameless. There has been a definitive change in impaired driving related norms due to education, advertising, public pressure and law enforcement. In fact, the number of impaired driving deaths has actually declined in recent years (although a strong argument can be made that we are putting impaired drivers and the people they hit into safer cars). However, the CDC study and numerous previous studies continue to show that half of the impaired drivers on the road are coming directly from a beverage license premises. That has not changed over time. Obviously, individual self-control and personal responsibility are not sufficient to stem the tide of impaired driving related death and carnage.

What is a beverage retailer’s responsibility to prevent intoxication and prevent impaired driving? Does a drinker have a right to get hammered in a bar if he or she chooses? All you can drink and gender based specials tend to suggest that they can. The answer depends on the state in which the bar or restaurant operates. The 21st amendment to the United States Constitution vested the authority to regulate alcoholic beverage sales and service to each state. Each state has chosen to address retailer responsibility in a different manner and has established different levels of responsibility.

Forty-eight states hold beverage retailers responsible for over-serving or serving their patrons to the point of intoxication. They do this through criminal charges or possible suspension or revocation of the alcoholic beverage license. I agree with Naimi who said that these are among the most disregarded laws in the country. Even though the bars and restaurants that over-serve and usher their intoxicated patrons out the door represent fewer than 10% of the beverage premises in any community, law enforcement and regulatory agencies either do not have the resources to adequately investigate and prevent these occurrences or do not give over-serving sufficient priority. The truth is that a small fine or suspension of the beverage license is often considered a cost of doing business by a beverage retailer when the financial benefits from over-serving far outweigh the costs and risks. Fines and suspensions are generally ineffective in changing retailer behavior.

Thirty eight states allow an injured party or survivor to bring a civil law suit, a Dram Shop action, against a beverage retailer for the death or injury caused by over-serving a patron. Most of these cases involve a vehicle crash, however, causes of action also relate to homicide, sexual assault, and other incidents where the intoxicated patron loses the ability for self-regulation. While administrative and criminal charges generally result in small fines, civil lawsuits can result in significant judgments. These judgments provide far greater opportunity to change the behavior of the irresponsible retailer than any other method. In addition, civil lawsuit judgments often provide a measure of justice to the injured or to the survivor.

To many retailers, these judgments can not be dismissed simply as a cost of doing business. They do affect behavior and they encourage responsible retailing for that retailer and others who may be operating in the same manner. Unfortunately, some beverage retailers still look at this as a cost of doing business, albeit, at a much higher level. Some retailers do a cost-benefit analysis determining how many wrongful death lawsuits are worth the increase in business these over-service practices support.

Is a beverage retailer his or her brother’s or sister’s keeper? It is true that the decision to have the first, second or perhaps the third alcoholic beverage is a rational choice made by the drinker. At a certain point the drinker loses their ability to make rational decisions on further alcohol consumption and on appropriate behaviors including assessing their ability to safely operate a motor vehicle. Alcoholic beverages are the only legally available consumer product that when used in excess, change one's ability to make these rational decisions, life and death decisions.

Yes, a beverage retailer is his or her brother’s or sister’s keeper. Their first priority is to prevent their patrons from becoming intoxicated to the point where they are a risk to themselves or to others. If by chance a patron does become intoxicated, the retailer’s second priority is to prevent harm to that patron and others that patron may harm. Even where this is not a requirement of law or subjects the retailer to a Dram Shop lawsuit, this is a requirement of responsible retailing.

Originally posted at InjuryBoard by Mark Willingham

Texting While Driving PSA Getting Lots of Attention

Sandy Grinnell — Tue, 25 Aug 2009 12:27:50 GMT

A British public service announcement is getting a lot of air time these days, and not just on British television but on YouTube. The very graphic PSA depicts a horrific accident that begins with three teenage girls laughing and joking while the driver texts a friend. Of course the result is a head-on collision and several people dying.

The spot is broadcast with the intent of getting teenagers to understand the dangers of texting and driving. However, there has always been debate over whether this type of psa actually changes behavior. I remember years ago in my driver's ed class we were shown accident films. To this day I can see in my mind the photos of a body totally charred from a vehicle fire. Does it change the way I drive? It was along time ago so I'm not sure. But we need to do something to stop the increasing number of people of all ages who are texting while driving. It's frightening!

I would suggest that it be required viewing for all teenagers, many of whom think they have this texting while driving thing down pat. Let them just what can happen...

Originally posted at InjuryBoard by Sandy Grinnell

2 topics: UM/UIM coverage stacking rules in your state and

Ed Normand — Thu, 13 Aug 2009 12:24:14 GMT

Reading one’s car insurance policy can be like reading a foreign language for the first time, a tad confusing. In dissecting the fine print, one of the most under appreciated (no pun intended) coverages available is Uninsured Motorist and Under-Insured Motorist coverage (Commonly known as UM and UIM).

The role of UM coverage is to step into the shoes of an Uninsured, at-fault motorist to compensate the injured insured. In Florida, it is required that all drivers carry a certain amount of personal injury protection (or PIP) and property damage coverage. These however, only cover the policy holder’s injuries and property damage caused by the policyholder. Basically, if you are in an accident with one who holds minimum coverage in the State of Florida and is at-fault, they will not possess insurance to cover your medical expenses. That does not mean that they are not liable. It just means that you could be looking at months before you see any compensation for potentially staggering medical expenses, if any compensation at all.

Since the law does not contain a minimum standard for Bodily Injury Liability coverage, some people will not have that coverage, and that’s why UM is so important. There are several scenarios in which UM can come into play. For example, What if you’re in an accident and you don’t know the other person's identity, or their information? How can you be compensated? This is another scenario where UM can kick in; the tragic case of a hit and run. Your insurance company will treat the John Doe as an uninsured motorist, just the same as if it were a known person who was not insured.

UIM operates the same way. If the at-fault driver is carrying less coverage than your damages, your UIM coverage can be added to the underlying coverage. Say the at fault driver has 25k in Bodily injury coverage and you have UIM limits of 50k, UIM may kick in to cover an additional 50k in damages if your injuries exceed 25k.

So what does UM/UIM insurance entitle you to? The compensation offered from UM/UIM coverage primarily covers your bodily injury expenses from the accident, including medical expenses in the past and future. In addition to those primary forms of compensation, the victim may be eligible to recoup loss wages, loss of earning capacity, and pain and suffering (if you are permanently injured and depending on the size of your coverage and your injury).

Also, keep in mind that auto insurance should be primary for any medical bills stemming from an auto accident, and that health insurance would be secondary.

In particular, property damage can be measured in a number of ways and will more than likely depend on the language in your policy. Here are a few of ways that damage to real or personal property can be measured:

Reasonable costs of repair

Replacement value

Market value

Actual cash value

Cost, minus depreciation, which is the loss of value that is due to use, or wear-and-tear

If you’ve been the victim of an accident by an uninsured or underinsured driver please contact the law firm of Wooten, Kimbrough, Gibson, Doherty & Normand, P.A.

Originally posted at InjuryBoard by Ed Normand