Injury Law Blog : Florida Injury Lawyer & Attorney : LaBovick & LaBovick Law Firm: Serving West Palm, Boynton, North Palm, West Palm Beach, Jupiter

Yesterday a Senior Female Driver,  age 76 years old,  was killed in a fatal car accident in West Palm Beach Florida. While driving, she lost control, and the car overturned and came to a rest on the shoulder. Our deepest sympathies go out to the family of the woman that died in this tragic accident.

In looking at traffic fatalities involving older drivers, we came across the following study by Carnegie Mellon University in Pittsburgh and the AAA Foundation for Traffic Safety, based on data from 1999-2004. From ages 75 to 84, the rate of about three deaths per 100 million miles driven is equal to the death rate of teenage drivers. For drivers 85 and older, the fatality rate skyrockets to nearly four times higher than that for teens drivers.

However, according to reports studies on traffic deaths from IHHS and the Department of Transportation studying traffic fatalities across the United States, there is a decline in fatal traffic accidents involving Senior drivers ages 70 and older. In 2008 there was a total of 4,268 traffic fatalities involving drivers ages 70 and older. This is a decrease from 2007 where the total number of traffic fatalities involving drivers ages 70 was a total of 4,631.

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In continuation of our  Series for Brain Injury Awareness Month, we take a look at Brain Injuries in the State of Florida.

In Florida, there are over 210,000 people living with a brain injury related disability. Traffic related Accidents account for the largest percentage of Brain Injures. The Department of Health in Florida publishes an Annual Report on The Brain and Spinal Cord Injury Program. This nationally recognized program is recognized as a leader for its coordinated statewide system of services. The program attributes its success to key strategic partnerships with the Brain Injury Association in Florida and the Florida Assistive Services and Technology. The Brain and Spinal Cord Injury program provides an annual  detailed report to the legislature, per Florida Statute 381.74 (F.S.).

There is a critical need for more awareness on the dangers and proper treatment for Brain Injury patients.  The Brain Injury lawyers  of our firm have worked with several clients that have suffered a TBI in an accident.  The toll that it takes on loved ones and the brain injury victim can be devastating. Our goal with the Brain Injury Awareness series is to make sure that public is aware of this critical issue. If the proper care and treatment is not given to a person that has experienced a brain injury can hinder or delay the recovery process. We encourage brain injury victims to see medical treatment immediately after an accident.

Listed below are Brain Injury Statistics in Florida FY 2009 and FY 2008 from The Annual Report on The Brain and Spinal Cord Injury Program published by the Department of Health. 

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The Louis Majesty of Louis Cruise Lines, carrying 1,350 passengers and 580 crew on board experienced a horrifying ordeal on Wednesday. A 26-foot wave crashed into the ship, smashing five windows in a public area.  Unfortunately, two male passengers (one German and one Italian) were killed and at least 14 others were injured on the ship traveling on a 12-night Western Mediterranean cruise from Barcelona that included Spain, Spain, Genoa and Italy. The cruise ship turned around and headed back to port in Barcelona after being struck by the wave.

The Louis Majesty was off the off the French port of Marseilles when it was hit by "abnormal" waves, some more than 26 feet (9 meters) high, cruise line according to spokesman Michael Maratheftis. The public areas on the ship affected by the large waves that broke five windows were the - the forward part, or bow, of the 14-deck ship, owned and operated by the Greece based, Louis Cruise Lines.

Weather is reportedly to blame for the cause of the high waves, since winds were 45 mph, according to Buoy data off the French coast.

Louis Cruise Lines flew all passengers home on Thursday from Barcelona courtesy of the Cruise Line. The luxury cruise line has canceled the next cruise. The Louis Majesty will remain in Barcelona for repairs. March 14th is the scheduled date for cruises to resume on this vessel.

Click on the following links to read more on the tragic cruise ship incident off the French port of Marseilles:

Giant waves hit cruise ship; 2 passengers killed
Passenger describes 'terrifying' ordeal as giant waves hit cruise ship
Two killed, 14 injured as massive waves hit cruise ship off France
Passenger on cruise ship: Wave ordeal terrifying

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Florida, being a no-fault state, means that each person’s respective PIP (Personal Injury Protection) insurance will pay for that person’s medical bills up to $10,000 based on a fee schedule.

We recently received the following question from a reader of the LaBovick InjuryLaw  Blog:

Injury Law Blog Question: If the accident was the other driver’s fault, and the injured driver in the other vehicle was uninsured, will the at-fault insured be responsible for personal and property damages even though Florida is a no-fault state?

The answer to our reader’s comment is YES. Under general law in Florida, a person who is found at-fault in an accident is responsible for the other person’s damages that are caused. So, if the at-fault driver caused both personal and property damage, then the at-fault driver is responsible for that.

The minimum insurance that Florida Drivers are supposed to carry in Florida is Personal Injury Protection and Property Damage. Personal Injury Protection – as discussed above – pays for your personal medical bills, regardless of who is at fault in the accident. Property Damage pays for the other person’s property damage that you caused.

For example, consider the following:  The driver of Vehicle 1 is at fault in an accident and injures driver of Vehicle 2 as well as causing property damage. Driver of Vehicle 1, his insurance company, through the Property Damage, should pay for the repairs of Vehicle 2. In addition, if Vehicle 1 has what is called Bodily Injury Liability insurance, then that money will be used to compensate the driver of Vehicle 2 for his or her personal injuries – not property damage.

Depending on the level of injury, if the driver of Vehicle 2 has what is called Uninsured or Underinsured Motorist coverage, then that money can also be used to compensate the driver of Vehicle 2 for that person’s injuries or damage.

We are always happy to answer any personal injury related questions. Please do not hesitate to contact us via our blog or directly at the office if you need help with a personal injury related matter or just have a personal injury related question.

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In recognition of Brain Injury Awareness Month 2010, we will discuss the various facets of Traumatic Brain Injury (TBI) throughout the month of March on the LaBovick Injury Law Blog. In addition, we will feature guest bloggers to share in the discussions. Topics will range from the causes of TBI, treatment to the costs and consequences of TBI, including many other issues involving TBI.

The Brain Injury Association of America defines Traumatic Brain Injury as a jolt or blow to the head o a penetrating injury to the head that disrupts normal brain function. TBIs can range from a short disruption in brain function or consciousness (a mild or moderate TBI), to a long-term period of amnesia or unconsciousness (a severe TBI). Although not all jolts or blows to the head cause a TBI, the effects of such an injury are often life-long and devastating.

According to the Brain Injury Association of America, 1.4 million people people sustain a TBI every year in the United States. To underscore the dangers of TBI, of this number, roughly 50,000 will die from their injuries.  In addition, 235,000 will be hospitalized for either mild or severe brain injuries, and more than 1.1 million will receive treatment for head injury at emergency centers across the nation before being released.

The unfortunate reality is that any person at anytime can sustain a devastating brain injury. The fact that 1.4 million Americans sustain a TBI each year provides proof of this adverse actuality. However, it is important to understand that people who sustain a TBI have rights and a variety of resources to help them or their loved ones at nearly every step of the way. These include organizations such as the Brain Injury Association of America, the Centers for Disease Control and Prevention, National Institute of Neurological Disorders and Strokes,  Brain Injury Resource Center, and many more.

Stay tuned to our Injury Law Blog and podcasts throughout the month of March for important information and facts on traumatic brain injury.

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Three teens were tragically killed by a train crossing a bridge in Melbourne, Florida. They were seen earlier taking pictures and joking around on a railroad that spans 200 feet over a creek. Unfortunately, they were not able to move out of the way fast enough as an oncoing train barreled down the tracks, According to an Associated Press article.

Reportedly, onlookers shouted for the teens to run or jump into the 20 feet creek of water below, sadly only one was able to jump out of the way safely. The train accident occured just before dusk on Saturday evening.  

One can't help but ask the question why this tragic train accident occurred and how it could have been avoided? Pedestrians and drivers should exercise caution when crossing railroads. We encourage parents and teachers to discuss the importance of exercising caution at Railroad crossings, both as a driver and a pedestrian to students of all ages.

Driver safety educator and trainer for the National Safety Commission,  Dave Herron, states the following in his articleon Railroad Safety Tips that unfortunately can apply to pedestrians as well:

 "Drivers are still not getting the word that trying to outrace a train at a railroad crossing is a lose/lose proposition. 94% of the collisions and 87% of the fatalities at railroad crossings are caused by risky driving behavior or poor judgment on the part of the driver."

The Florida Department of Highway Safety and Motor Vehicles, reports that in 2008, Florida had 50 accidents at rail-road crossings between trains and cars or  pedestrians that resulted in 12 deaths and 19 injuries. There were a total of 378 total injuries at rail-roads as a crash site location. The numbers are down 2007, where there were a total of 90 accidents at rail-road crossings involving trains and cars or pedestrians that resulted in 20 fatalities and 63 injuries. 

Taking a look at pedetrian fatalities from 2008, Brevard County, the location of the train accident, reported 18 pedestrian fatalities. The top five counties in Florida ranked by pedestrian fatalities and injuries, includethe following:

• Miami Dade: 66 pedestrian fatalities   and     1466 Injuries
• Broward :       51 pedestrian fatalities   and    1005  Injuries
• Hillborough:  47  pedestrian fatalities  and      618  Injuries
• Palm Beach: 32 pedestrian  fatalities  and      583  Injuries
• Orange:          28 pedestrian fatalities   and      569  Injuries

 
Dave Herron provides a few helpful and practical safety tips on Railroad Crossing Dangers:

• Assume that there is a train on every track at all times, even tracks that are rarely used.
• If there are two or more tracks, make sure there a train isn't coming in the other direction.
• When stopping at a railroad crossing make sure you stop no less than 15 feet from the tracks.
• Never cross a railroad track unless you are sure there is room on the other side for your vehicle to completely clear the tracks. 
• Don't shift gears while crossing a railroad track; it could cause your vehicle to stall.
• If your car stalls on a railroad track, get out of the car immediately, clear the tracks and call 911 for help.
• If a train is coming, run away from the tracks in the direction of the approaching train.
• Never try to beat a train at a crossing or snake around the lowered crossing gates. Once the lights start to flash and the crossing gate arms go down, the train will appear in about 20 seconds.
   

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In this edition of "From the Courtroom" Podcast, Brian LaBovick, Esq., Scott Haft, Esq., and Paul Baltrun discuss the topics of Mortgage Modification and Foreclosure Defense.

• Brian F. LaBovick, Esq, Managing Shareholder of LaBovick & LaBovick, P.A.
• Scott R. Haft, Esq.,  Foreclosure Defense
• Paul Baltrun, Director Loss Mitigation (Mortgage Modification) Division

A recent report indicates that almost 15% of homeowners and mortgage holders in the State of Florida are currently more than 60 days behind on their mortgage. As a result, there is a huge demand for mortgage modifications in the state.

As part of LaBovick & LaBovick, P.A.’s community outreach program, the firm will provide free seminars to distressed homeowners on Mortgage Modification and Mortgage Foreclosure Defense.

The first seminar will take place on Wednesday, February 24 at 6:00 p.m. at our Palm Beach Gardens office located at 5220 Hood Road.

The seminars will provide a free evaluation of your financial picture and include information and advice on:

• Mortgage Modification and Foreclosure Defense
• Explanations of how homeowners can defend themselves against foreclosure
• Inform homeowners of the options available to help save their homes
• Evaluate options for people struggling with unsecured debt such as credit card debt
• Discuss the use of bankruptcy as a viable option to relieve debt

The Mortgage Modification process continues to improve, and homeowners have several options.
 

By modifying your mortgage, you can:

• Significant reduce your monthly mortgage payment, and
• Bring your mortgage current if it is past due 

Even if a house is in foreclosure, mortgage modification may still be able to work out a plan to help keep you in your home.

One of the greatest purposes of Foreclosure Defense is to give homeowners more time to pursue options such as mortgage modification to help save their homes.

Some of the benefits of avoiding foreclosure through mortgage modification include:

• Protecting your financial interests well into the future
• Protecting the bank or lender’s financial interest
• Protecting your personal interests, including keeping your family in your home

 Tips for Homeowners on home loan modification and foreclosure - From the Courtroom Podcast

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Toyota owners, there is a new problem facing yet another popular Toyota brand, the Toyota Corolla.  Driver complaints of  power steering related problems are causing Toyota to consider a recall of the very popular subcompact Toyota Corolla. 

This potential new recall may come in addition to the Toyota recall of approximately 8.5 million vehicles worldwide due to floor mat hazards, sticking gas pedals, and braking problems. Toyota has yet to disclose the vehicle model year(s) or regions that may be affected.

Reports show that the most recent Data from the National Highway Safety Administration (NHTSA), puts the alleged death toll due to Toyota vehicles at 34 deaths since 2000, with the numbers continuing to rise.

According to Toyota quality controls executive, Shinichi Sasaki, Corolla drivers may feel as if they were losing control of their ability to steer. Sasaki also mentioned that a link between the Corolla’s possible steering problems might involve the vehicle’s braking system or tires.

Word of this new issue comes on the heels of Toyota President Akio Toyoda’s statements regarding the forthcoming U.S. Congressional meeting. During a recent news conference, Mr. Toyoda stated that he does not plan to appear before the Congressional committee scheduled for February 24. Rather, he stated that he wanted to remain focused on improving the quality and image of his company on a global scale.

Toyota owners continue to address complaints to Federal safety officials about the potential problems. With approximately 100 reported complaints regarding the possible steering trouble, Toyota is poised to take yet another blow to its already tarnished image. When will this saga end?

In addition to decreases in the company’s image and stock value, news of this potential new recall, in conjunction with the other worldwide recalls, continues to draw legal woes for Toyota. According to the Financial Times, Toyota is facing a multitude of class action lawsuits in the United States that may cost the automaker billions of dollars. Experts estimate that more than 40 suits have been filed against Toyota under federal and state law. Claims reportedly involve wrongful death, personal injuries, property damage, and more.

Toyota is working to determine the source of the Corolla complaints and has not ruled out the possibility of issuing yet another recall.  Toyota sold roughly 1.3 million Corollas worldwide in 2009, making it the best-selling car in the world.

To read more on Toyota's latest woes regarding the looming Toyota Corolla stering probe and possible recall, click on the following links to New York Times, CNN,  Financial Times (Registration Required) and the WSJ Blog.

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As though it could not get any worse for  Toyota Motor Corp., a new report shows that two former Toyota regulators helped ward off four U.S. investigations of unintended acceleration by Toyota vehicles. This was uncovered in recent court and government records. Who can we trust to make sure that safety standards are being followed for consumer products, especially automobiles?

Two people at the heart of this new revelation are: Christopher Tinto, vice president of regulatory affairs in Toyota's Washington office, and Christopher Santucci, who works for Tinto. Allegedly, these individuals encouraged the National Highway Traffic Safety Administration to discontinue looking into 2002-2003 Toyota Camrys and Solaras, court documents show. The most alarming revelation is that Tinto ans Santucci were former NHTSA employees before joining Toyota.

Unfortunately, criticism of NHTSA and Toyota is pretty high right now, for the handling of defects in Toyota and Lexus models tied to 19 deaths between 2004 and 2009. Three congressional committees have scheduled hearings on the recalls Feb. 24 and Feb. 25. The Senate Commerce Committee plans a hearing March 2.

Joan Claybrook, an auto safety advocate and former NHTSA administrator in the Jimmy Carter administration stated the following: "Toyota bamboozled NHTSA or NHTSA was bamboozled by itself. I think there is going to be a lot of heat on NHTSA over this."

Toyota, the once media darling, is facing one of the largest scandals in the history of the automaker.  Years of carefully building a stellar image are being diminished in one fell swoop, each day a new revelation is made in the fiasco over safety issues. The Toyota Motor Corp. stock closed today at 76.01, a continued downward spiral.

In an effort to promote safety, we encourage all Toyota owners to contact their local Toyota dealer to find out if their vehicle is a part of the recall.  It will not hurt to take your car in to the shop, just to make sure. Safety and precaution go hand in hand.  You can also contact Toyota directly to see if your car is on the list. However, taking your car to a local Toyota Dealer for a check-up to be sure, can only help improve your chances of being safe in your Toyota.

Click on the following link to read more on the Bloomberg article: Regulators Hired by Toyota Helped Halt Investigations

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