Orlando Personal Injury Lawyer - Auto Accident

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

Relief From Unfair Hospital Billing Practices

Ed Normand — Fri, 24 Jul 2009 01:46:00 GMT

There is a little known but highly unfair practice in charges for hospital care. That is that a private pay or uninsured patient is charged much more for the exact same services than is charged to insured patients. Many times the hospital bill for a private, uninsured, patient is 200 to 300 percent that of the charges that an insurer is billed for the very same treatment. To make matters worse, a hospital lien statute exists in many Florida Counties that gives a hospital the right to take most or all of a personal injury settlement to pay for these inflated charges. These hospital liens prohibit a lawyer or insurer from distributing any part of settlement to an injured person until the hospital gets paid in full, even when the settlement includes other medical bills, lost earnings or pain and suffering damages. In effect, the hospital can charge whatever it wants and hold the settlement up until it gets paid that blood money in full--to the detriment of doctor bills, and to the exclusion of even necessary future medical care.

A recent case in Florida addressed this lien statute and found it to be unconstitutional. The case is called Mercury Insurance Company of Florida v. Shands Teaching Hospitals and Clinics, Inc. In Mercury, the Florida First District Court of Appeals held the Alachua County Florida hospital lien law to be unconstitutional. This only makes sense. There is no valid reason should a hospital charge uninsured patients at a higher rate and then get a blank check to take away an entire settlement. What is fair is that they charge a reasonable rate and the settlement is allocated fairly to all, be they hospitals, doctors and the victim's family. This is especially relevant given the recent disclosure that many hospital executives at even so called not for profit hospitals are being paid millions in annual salary and bonuses.

Originally posted at InjuryBoard by Ed Normand

Disney Bus Crash Highlights Legal Double Standard

Ed Normand — Thu, 23 Jul 2009 16:40:45 GMT

Of course we have all heard about the recent tragic death at Disney caused by two Walt Disney world monorail trains colliding. Recently, on July 16, there was a Disney bus crash where 12 people reported being injured when a Disney bus rear-ended another Disney bus in front of the Contemporary Resort. These crashes highlight another legal double standard that the theme parks have involving their transportation and ride systems in Florida.

The legal advantage relates to the liability of a common carrier. Traditionally the courts have held that common carriers involved in public transportation -buses, trains, airplanes etc...- are held to a higher standard of care than that required of personal use vehicles. Under traditional tort law the reasonable care required of a common carrier for the safety of a passenger is the highest degree of care consistent with the mode of transportation. Under this standard a common carrier must use the care that would be provided by very careful persons. Accordingly, a taxi, a city bus, or an airport transit must behave as a very careful person would do not just as a reasonable person would do. Of course, this higher standard makes sense because the common carrier is paid to look out for the safety of its passengers in the often dangerous business of transportation. Guests rely on these carriers to take extra precautions to look out for the safety of passengers and others in the zone of danger that the transportation creates.

In Florida, however, because the theme parks operate their buses, rides and trains in a closed system they claim that they are not held to the legal standard of a very careful person but claim a much lower standard of care applies to their activities. One way to look at it is like a grading system. A Greyhound bus, for instance, is held to an "A" standard in their operation. If they do not perform up to the A standard, then they are liable for any injuries resulting from their operations. Theme parks and others operating under a closed transportation system, however, can claim they can get by with a "C". That is if they operate only as an average driver (non-professional) driver/operator and someone is hurt they are not liable for any injuries they cause. This is true even if, had they been operating as very careful person, there would have been no injuries.

Other states do not have this double standard. In California, for instance, theme parks are held to the A standard and must operate their transport systems and rides in accordance with that of a very careful person. It seems reasonable to ask why a theme park in Florida can operate a bus or train or a ride under a standard of care less than that of a taxi driver. They certainly market their transport systems and rides to the public as top of the line safe. Why then should they get away with a much lower legal standard in court when it comes time to answer for injuries they cause? Maybe that is fair, maybe it is not, but in the interest of full disclosure perhaps all theme park boats, trains, rides and buses should come with a warning: "Caution: we get by with a "C" for safety, if you want an "A" take a taxi."

Originally posted at InjuryBoard by Ed Normand

Drugged Drivers are Running Rampant

Ed Normand — Fri, 17 Jul 2009 14:59:00 GMT

The good news is: the percentage of drunk drivers on the road is decreasing. The bad news is that drivers under the influence of drugs are more prevalent than ever. Many times drugs may impair the ability to drive safely more than alcohol use but drug impairment can be harder to detect. Now it is the return trip from the pharmacy, not happy hour, which increasingly results in a danger to motorists.

A recent governmental survey conducted by the National Highway Traffic Safety Administration revealed that there has been a steady decline in the last 30 years of the percentage of drunk drivers. The study compared the presence of drugs and alcohol in drivers since 1973 against the same data in 2007. It concluded that 2.2% of drivers in 2007 were legally intoxicated. This is a decrease from the percentage in 1973 when 7.5% of drivers were found to be legally intoxicated.

That same study revealed a growing problem with drugged driving. According to the survey “16.3 percent of nighttime weekend drivers were drug positive. The survey focused on weekend nighttime drivers and found that the drugs used most commonly by drivers were: marijuana (8.6 percent); cocaine (3.9 percent); and over-the-counter and prescription drugs (3.9 percent).” The study relied on newer drug screening techniques to detect drug use by examining the presence of drugs in a drivers system. Because drugs can be detected in the system for days or even weeks after they are used the difficulty lies in determining if the drug use resulted in impairment while driving or was merely a positive finding related to earlier drug use. Nevertheless, the surveyors concluded that drugged driving like drunk driving threatens our public health and safety.

The reduction in drunk drivers is attributed to stricter laws and penalties against drunk driving as well as greater enforcement by police and the efforts of anti drunken driving advocates such as Mothers Against Drunk Driving or MADD. Apparently these same efforts may be necessary to control the growing problem of legal and illegal drug use among drivers.

Perhaps MADD needs to add a "D” and become Mothers Against Drugged and Drunk Driving or “MADDD”.

Originally posted at InjuryBoard by Ed Normand

Florida Statutes of Limitations

Ed Normand — Wed, 15 Jul 2009 15:21:42 GMT

Many times we are asked about how long someone has to make a recovery or to sue on a claim in Florida. The answer is found in the statute of limitations laws of Florida. They govern the time to sue for all types of cases from insurance contracts to auto accidents.

As determined by Florida legislature, there are applicable statutes of limitation to each specific cause of action, otherwise known as the claim underlying the lawsuit. Each of these statutes limits the time period for which an injured person can file a lawsuit with regard to that injury, which usually begins to run at the date of that injury.

According to the wrongful death statute of limitations, an injured party has to file a lawsuit within two years of the date of the death which gave rise to the claim. For Personal Injury Actions as well as Products Liability Actions, the aggrieved party has four years of the date of the injury to file a lawsuit based on that injury.

There are special limited exceptions which apply to these rules when involving minors, however, the general rule is four years from the date of the injury sustained by the minor when the action is based on negligence.

Medical Malpractice Actions are more complicated. The applicable statute of limitations is two years from the date of the act which gives rise to the claim or within two years of the date when the injury was, or should have been, discovered. However, no action may be filed more than four years from the date of the act which gives rise to the claim, except for cases which can show that fraud, concealment, or intentional misrepresentation prevented discovery of the injury. In that event, the statute extends the time period for two more years, but not to exceed a total of seven from the date of the original injury. Also, these limitations apply to minors eight and older. If the minor is under eight, the suit must be filed by the minors eighth birthday or within the limitations period listed above, whichever is greater.

Originally posted at InjuryBoard by Ed Normand

It's National Tire Safety Week Again - Who knew?

Sandy Grinnell — Thu, 11 Jun 2009 16:16:12 GMT

There used to be a tv ad man here in Orlando who used to say "tires ain't pretty." But they are pretty important when it comes to preventing auto accidents. It's why for the past 7 years tire manufacturers and retailers have used this week to promote tire safety and the importance of having the correct tire inflation.

This year they are distributing over 5 million brochures titled - "Be Tire Smart, Play your PART", with PART meaning pressure, alignment, rotation and tread.

According the National Highway Traffice Safety Commission (NHTSA), "underinflated tires and overloaded vehicles are the leading causes of tire failure." Of course tire failure can be tragedy when travelling down the interstate at 70 miles per hour.

The tire retailer Discount Tire has safety tips that everyone should follow, and not just before you go on a long trip, but on a monthly basis.

1. Get Pressure Right Low tire pressure decreases fuel economy. Tires may lose up to 1 psi per month. The specific inflation pressure number can be found on the vehicle placard located on the driver’s side doorpost, glove box door, fuel door or in the owner’s manual. For accurate pressure, check tires when cool and don’t forget the spare. Custom tires and wheels may change standard air pressure requirements, so if you customize have a pro check them out before you go.

2. Don’t Overload Vehicle Overloading decreases fuel economy due to increased wind drag and cargo weight. Handling, control and braking are also negatively impacted.

3. Rotate Before You Go Regular rotation helps achieve uniform tire wear and improve road performance. Tires rotated every 6,000 to 8,000 miles have longer life and help maximize your tire investment. It makes sense to get a tire inspection when you rotate.

4. Straighten Up Proper tire alignment provides safe, predictable vehicle control as well as a ride that is smooth, comfortable and free of pulling or vibration. Proper alignment helps tires wear evenly and last longer.

5. Bald Isn’t Beautiful Lack of tread affects the tire’s ability to grip the road. Make sure tires don’t have uneven wear, high or low areas or unusually smooth areas that can increase the risk of road accidents.

Originally posted at InjuryBoard by Sandy Grinnell

Proposed STANDUP Federal Act Driving to Save Lives

Sandy Grinnell — Fri, 24 Apr 2009 10:22:39 GMT

Just as high school prom season is about to start, the Safe Teen and Novice Driver Uniform Protection (STANDUP) Act and the SafeRoads4Teens campaign were announced in Washington DC yesterday. U.S. Senator Chris Dodd and U.S. Representatives Tim Bishop and Michael Castle were chief sponsors of the bill which will push states to adopt the Graduated Driver Licensing (GDL) program. The importance of the bill was emphasized with the display of two vehicles that had been totalled in a car crash where teenagers were killed.

The main focus of this campaign and proposed federal act is to save the lives of our teenagers. Auto accident-related death is the number one killer of young people between the ages of 15 and 20. On average, 10 teenagers are killed in car crashes, either as drivers or passengers, each and every day in the U.S.

Statistics have proven that the Graduated Driving License (GDL) for new drivers saves lives. The proposed STANDUP federal act would establish the following minimum requirements for states' GDL programs:

• A 3-stage licensing process (learner’s permit and intermediate stage before unrestricted driver’s license);

• A prohibition on unsupervised nighttime driving during the learner’s permit and intermediate stages;

• A passenger restriction during the learner’s permit and intermediate stage (no more than 1 non-familial passenger under the age of 21 unless a licensed driver over 21 years of age is in the vehicle);

• A prohibition on non-emergency use of cell phones and other communication devices, including text messaging, during the learner’s permit and intermediate stages;

• Age 16 for issuance of learner’s permit and full licensure at age 18;

• Any other requirement adopted by the Secretary of Transportation, including learner’s permit holding period at least 6 months; intermediate stage at least 6 months; at least 30 hours behind-the-wheel, supervised driving by licensed driver 21 years of age or older; automatic delay of full licensure if permit holder commits an offense, such as DWI, misrepresentation of true age, reckless driving, unbelted driving, speeding, or other violations as determined by the Secretary.

Originally posted at InjuryBoard by Sandy Grinnell

Binge Drinkers and Driving Habits

Ed Normand — Wed, 01 Apr 2009 18:52:00 GMT

According to a study conducted at Northern Kentucky University, in contrast to binge drinkers, moderate social drinkers are much more capable of determining whether or not they are too drunk to drive. Although this seems logical, according to the study, individuals who are considered binge drinkers, which makes up 90% of the population of underage drinkers, and over 50% of drinkers age 21-29, believe they are more capable of driving after a few drinks than their moderate drinking counterparts. In sum, the binge drinkers don’t realize they are driving erratically. This tragically results in more auto accidents caused by drunk drivers.

The implications of this fall in a vast gray area of the law. The Florida legal limit for blood alcohol content (BAC) is 0.08%. This can be achieved by a little over one drink in women under 110 pounds and two drinks in men under 165 pounds in one hour period. The law can only be objective and apply a uniform standard. Therefore, whether or not a driver feels he is capable of driving is irrelevant. Either you meet the legal limit and are driving under the influence or you are not.

This study could be good in informing the public that the more often you drink, the more likely you are to feel comfortable driving. Too many people judge their driving capability on the way they feel; not on how much they drank. One suggestion is to keep portable breathalyzers at establishments that serve alcohol so drivers can test themselves, instead of guessing. This has been tried before however and binge drinkers would use the machine as a game to see how high they can get their blood alcohol level.

Drunk drivers remain a danger to all motorists and are a substantial cause of Orlando auto accidents.

Originally posted at InjuryBoard by Ed Normand

Text Banning Bill In Florida Legislature

Ed Normand — Tue, 31 Mar 2009 18:50:22 GMT

A new bill will be reviewed next month in Florida that could ban texting while operating a moving vehicle following a new wave of legislative efforts to curb driving distractions. Not surprisingly, according to the National Safety Council, using a wireless communications device while driving is one of the biggest distractions that affects driving performance. The claim is that driving while texting leads to more Florida automobile accidents.

The bigger question is whether the legislature should step in and ban the use of cell phones while driving. The National Safety Council has called on drivers to stop using cell phones and messaging devices while pushing all 50 states to pass legislation prohibiting this type of use. But do we need laws against it? Among the other distractions listed were drinking and eating; if this bill is passed, who is to say drinking coffee on the way to work won’t be next? Will this provide just another pretext for law enforcement to pull over and search profiled drivers?

These kinds of movements by legislature are indicative of the changing philosophy’s of what exactly constitutes free choice and what we should and should not be told to do by those we elect to represent us. As much as a ban on texting while driving will likely reduce the amount of accidents to an extent, one might also wonder when the line will be drawn. No question that texting while driving is dumb, the issue is do we want even more governmental intrusion into our lives?

Originally posted at InjuryBoard by Ed Normand

Latest Pedestrian v. Auto Accident Statistics

Ed Normand — Fri, 30 Jan 2009 14:25:00 GMT

The National Highway Traffic Safety Administration (NHTSA) has issued the latest statistics on accidents involving pedestrians and motor vehicles in the United States. The report details the number of pedestrian traffic related fatalities and injuries. The report shows that a pedestrian dies from a motor vehicle related collision once, on average, every 113 minutes and a pedestrian is injured in a traffic incident about every 8 minutes.

The totals reveal that in the year 2007 4,654 pedestrians died in the United States and 70,000 were injured in traffic accidents in the United States. The statistics also provide information about the location and conditions at the time of the traffic accidents. By far the majority (73%) of the deaths happened in urban areas and outside of crosswalks away from intersections (77%). Most happened in good weather (90%), and most were at night (67%). The most alarming (but not surprising statistic) was that alcohol was found in a driver or the pedestrian Alcohol involvement in 49 percent of the fatal pedestrian traffic accidents. More children and elderly are involved in traffic crashes involving pedestrians than other victims.

Analysis of the statistics tells us to be careful crossing outside of an intersection and that drunk driving kills. Of course, we already knew that.

Originally posted at InjuryBoard by Ed Normand