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

It is finally here: The Florida Seat belt law officially named the Dori Slosberg and Katie Marchetti Safety Belt Law is now in effect. Drivers in the state of Florida can be pulled over for not wearing a seat  belt and ticketed. In Palm Beach County, the ticket will cost drivers $101.00 for not wearing a seat belt.  Buckle up or be prepared to pay the fine.

As we mentioned previously on the Injury Law Blog, this law was named after two young teens tragically killed in a car accident that were not wearing seatbelts. It is believed that they would not have died, if they were wearing seatbelts when the accident occurred. Traffic Safety Champion, and former state representative, Irv Slosberg, said in a recent interview  "This new law is a major victory on the roads".

Capt. Patrick Kenny, of the traffic division in the Palm beach County Sheriff's Office, is in favor of the new law. According to a recent interview on the new Florida Seat belt law, with the Palm Beach Post, he stated the following:

"It's long overdue. Everybody knows that wearing seat belts, they do save lives. Making it the primary reason for a traffic stop gives us the ability to write more citations and make people aware that they need to wear a seat belt."
 

Data from NHTSA on Crash Safety Facts, shows that Florida ranked three in the nation, in 2007 with 3,214 deaths due to car accidents. Texas came in at number two with 3363 car accident related deaths and California came in at number one with 3974 car accident related deaths. 

Let's hope the passage of this new Florida seat belt law will help cut the numbers of unnecessary car accident deaths down in Florida.  It will be interesting to compare our numbers from this year after the seatbelt law goes into place with next year's data. Time will tell if the traffic deaths will continue in a downward direction.

 Important facts regarding Florida's seat belt laws: 

* At all times, passengers in the front seat must wear a seatbelt.

* At all times, any and all rear passenger under the age of 18 must wear a seatbelt.

* At all times, children ages 3 years and younger must be secured in a child restraint seat that is federally approved.

* At all times, children ages 4-5 years must be secured either by a seatbelt or a federally approved child restraint seat.  It is important to note that this can include the use of a booster seat in conjunction with the vehicle seatbelt.

* Drivers of vehicles are responsible for ensuring that children in the vehicle are properly buckled into their seats or using the required restraint devices, there are no exceptions.

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New Roof Rule for Rollover Safety

The Federal Motor Vehicle Safety Standards (FMVSS) and regulations with which automobile manufacturers must comply were first enacted by the National Highway Traffic Safety Administration, in March 1967 to provide manufacturers with guidelines regarding minimum safety performance requirements. Since 1967, new standards have been added and existing standards have been amended. These changes have been necessary due to the evolution and expansion of automobile manufacturing.  In 1973, FMVSS 216 was enacted. According to the U.S. Department of Transportation, FMVSS 216 “specified requirements for roof crush resistance over the passenger compartment.” The intent of FMVSS 216 was to provide protection to individuals involved in rollover crashes by ensuring that automobile manufacturers adhered to federal roof standards. In April 2009, FMVSS 216 was amended to provide better protection for those involved in rollover crashes and extended the standards applicability to both heavier trucks and sport utility vehicles (SUV).

The National Highway Traffic Safety Administration (NHTSA) reports that more than 280,000 rollover accidents are reported each year. As a result of these accidents, approximately 10,000 individuals are killed on a yearly basis. Many of these fatal accidents involve SUVs and trucks. Until the 2009 amendment to FMVSS 216, most SUVs and trucks were exempt from federal roof standards. According to the Insurance Institute for Highway Safety’s Status Report the amendment will begin being phased-in in the year 2012, and all automobile manufacturers will be expected to comply with the amendment by the year 2017. This means that all passenger cars, trucks and SUVs up to 10,000 pounds will be subject to federal roof standards. These standards will apply to both the driver and the passenger side of the vehicle’s roof.

The National Highway Transportation Safety Commission reports that only 2 percent of accidents involve rollovers, but these accidents account for approximately 33 percent of all vehicle related fatalities. In Florida, approximately 25 percent of motor vehicle fatalities were the result of rollover crashes in 2007 according to the Traffic Safety Performance (Core Outcome) Measures provided by the NHTSA. In 2007, Georgia (31%), Alabama (40%), and California (29%) all had higher percentages of rollover fatalities than Florida, and New York (17%), Michigan (19%), and Mississippi (19%) had lower percentages of rollover fatalities than did Florida. The Insurance Institute for Highway Safety’s Status Report predicts that 135 lives will be saved each year by the amendment to FMVSS 216.

The changes that FMVSS 216 will require automobile manufacturers to make in the production of vehicles up to 10,000 pounds will mean that the roofs of cars, trucks, and SUVs will be even sturdier than they have been in the past. Not only will the driver side be able to withstand greater impact but the passenger side will be able to withstand greater impact as well. Proponents of the amendment to FMVSS 216 feel that this change has been long overdue and that by updating and improving the federal roof standards individuals will be more likely to survive a rollover crash.
 

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Motorists, please be aware that leaving the scene of an accident prior to the police coming is a crime.  Recently a Port St. Lucie woman, Matilda Nunez was arrested and charged with a felony for leaving the scene of an accident that she caused involving a teen Bicyclist.

It is Summer and school is out. This means that more kids and people are on the road riding bicycles.  As drivers we should be aware of this and pay careful attention to where we are going, this will help cut down  on avoidable bicycle accidents.  In the case involving Ms. Nunez, she was distracted by her cell phone, when she injured the teen bicyclist that was crossing the driveway, according to reports in the Palm Beach Post..

Car Accidents sometimes can't be avoided. But in most instances, when drivers are paying attention to driving and not talking on the cell phone or texting while driving, accidents can be cut down tremendously. In an effort to promote roadway safety for Bicyclists we are sharing important stats involving bicycle accidents.

According to the Bicycle Helmet Institute there is extensive data on Bicycle Accident Statistics and motor vehicles. Here are a few statistics parents and Cyclists should be aware of:

• There are 73 to 85 million bicycle riders in the US, including 45 million over age 6 who rode more than six times in 2008.
• 700 bicyclists died on US roads in 2007. Over 90 percent died in crashes with motor vehicles.
• The "typical" bicyclist killed on our roads is a sober male over 16 not wearing a helmet riding on a major road between intersections in an urban area on a summer evening when hit by a car.
• About 540,000 bicyclists visit emergency rooms with injuries every year. Of those, about 67,000 have head injuries, and 27,000 have injuries serious enough to be hospitalized.
• 43,000 cyclists were reported injured in traffic crashes in 2007. 
• There were 1 in 8 of the cyclists with reported injuries had a brain injury.
• Two-thirds of the deaths here are from traumatic brain injury.
• A very high percentage of cyclists' brain injuries can be prevented by a helmet, estimated at anywhere from 45 to 88 per cent..

The National Highway Traffic Safety Administration (NHTSA) issued the following Bicycle Stats in
November, 2008

• There were 698 Bicyclist deaths in 2007:  (Down from 773 in 2006).
• There were 43,000 Bicyclist injuries in traffic in 2007: (Down from 44,000 in 2006).
• The average age of a bicyclist killed on the highways was Age 40.
• The average age of a bicyclist injured on the highways was age 30.
• The number of Bicyclists killed that were 15 years old and under was 107.
• The number of Bicyclists injured that were 15 years old and under was 12,000.
• The number of Bicyclists killed that were 16 to 34 years old was 163.
• The number of Bicyclists injured that were 16 to 34 years old was 16,000.
• The number of Bicyclists killed  that were 35 to 54 years old was 262.
• The number of Bicyclists injured that were 35 to 54 years old was 10,000.
• The number of Bicyclists killed  that were 55 years and older was 262.
• The number of Bicyclists killed  that were 55 years and older was 4,000. 

In a prior post on the LaBovick Injury Law Blog, we shared "Rules for The Road" and safety tips for  cyclists.  Here is look at  Seven tips ever cyclist should be aware of. It would not hurt drivers to take a look at these tips as well.  As a Personal Injury law firm, we want to help make the roadways safer for all, Pedestrians, Drivers and Bicyclists included.

7 Tips and Rules for the Road for Bicyclists

• Protect Your Head. Wear a Helmet.
• Assure Bicycle Readiness. Use proper size and function of bicycle.
• Ride Wisely. Learn and Follow the Rules of the Road.
• Be Predictable. Act Like a Driver of a Vehicle.
• Be Visible. See and Be Seen at All Times.
• “Drive” with Care. Share the Road.
• Stay Focused. Stay Alert.

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If an employee is injured on the job do they rights for treatment and compensation of injuries?  As a Florida Personal Injury Law Firm  that helps injured workers with Workers Compensation issues, our answer is a resounding yes. There are Statutes that cover Workers Compensation issues for most states. In Florida, our Statute covering Labor law is Title XXXI, specifically Chapter 440 applies to Workers Compensation. This chapter outlines protocol for the injured worker and the employer. According to  440.185, F.S:

An employee who suffers an injury arising out of and in the course of employment shall advise his or her employer of the injury within 30 days after the date of or initial manifestation of the injury. Failure to so advise the employer shall bar a petition under this chapter unless:

(a)  The employer or the employer's agent had actual knowledge of the injury;(b)  The cause of the injury could not be identified without a medical opinion and the employee advised the employer within 30 days after obtaining a medical opinion indicating that the injury arose out of and in the course of employment;(c)  The employer did not put its employees on notice of the requirements of this section by posting notice pursuant to s. 440.055; or
(d)  Exceptional circumstances, outside the scope of paragraph (a) or (b). 

In this week's Palm Beach Post, Columnist and former member of the Editorial Board, Tom Blackburn, wrote the column "Injured workers are crooks (and other wisdom from the Legislature)".   I found this article enlightening, especially the following:

"Every few years Florida lawmakers reform the workers' compensation system again. Every time they do, they find something unreasonable to do with it. This year they topped themselves. The reform consisted of taking the word "reasonable" out of the law.Right. We can't be reasonable about insurance against job-related injuries."

I encourage you to read the entire article. Mr. Blackburn integrates humor into this very important topic. Workers Rights to be compensated for injuries at work are under attack by the legislature.

Legal Blogger, Matthew Noyes, Chimes in on this subject with his post "Are Florida Injured Workers Crooks?" .

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I came across a post by Blogger Barry Barnett for the legal blog, Blawgletter today.  The post was  entitled Video and Witness Prep. Mr. Barnett shared his views on videotaping and trial preparation for a client. In this post, he shared that if you do not adequately prepare a client with crucial foundation, don't bother with the video. 

In an effort to see how a few Personal Injury Attorneys in our law firm viewed witness videotaping, I shared Mr. Barnett's post and the post from Deliberations,  entitled "Why your witness did not get better after watching herself on videotape"., and asked for feedback.

I found the comments from my Attorneys insightful and decided to share a few thoughts on the subject from Brian F. LaBovick and Mark A. Greenberg.

Managing Partner, Brian F. LaBovick, provided the the following comments on the subject:

"We all understand ourselves!  How many times have you gotten into a fight with your loved one where you said one thing and they heard another?  I am sure the answer is plenty.  It is the same reason why witnesses who view themselves on video don't get better. We can't judge ourselves because we understand what we said in the first place.  

In our firm, we believe training witnesses needs objective help. Objective help can't be the lawyer or his/her paralegal training the client.  Objective evidence can be a paid expert; someone who can teach the client how to improve. Objective analysis can include watching yourself on video while at the same time watching mock juror's response to the client. Observing jurors reactions, and or polling them to discuss what they felt during the testimony is the best. It hurts to hear sometimes, but the juror's "truth" is all that counts at trial. It is better to be prepared now, than to be blindsided when the final Verdict is read in court!"

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The end of school signals the beginning of summer and the time of the year when many young, inexperienced teenaged drivers will be on the roadways. Whether these minor drivers are heading to their part-time jobs or out for a day of fun in the sun, the number of teen drivers on the roads during the summer months increases significantly. Because of their inexperience and risky behaviors behind the wheel, teen drivers are often the victims of devastating car crashes. Even though teen drivers only represent approximately 7 percent of the driving population, teen drivers account for approximately 14 percent of all traffic-related fatalities. According to the Centers for Disease Control and Prevention (CDC), motor vehicle accidents are the leading cause of death among teens in the United States.

While teenagers may be inexperienced drivers, this fact does not imply that all teens are unsafe drivers. Teenaged drivers simply need to be more aware of their surroundings and take extra precautions while on the road. Teen drivers should avoid distractions while driving, such as changing the radio, texting while driving, or having too many passengers in the car. Because many accidents involving teens occur at night, teen drivers should safeguard against accidents by paying close attention to all traffic laws, being aware of other drivers, and being free of distractions. Car crashes involving teens not only affect the teens involved in the crash but their families, employers, and society in general. According to studies conducted by the American Automobile Association (AAA), the cost of teen car crashes in 2008 was more than $34 billion for medical bills, property damage, and other related expenses.

In 2003, Florida was ranked number 4 among the 50 states with the worst teen fatal crash rate. In 2008, 4 of the 10 deadliest hotspots for teen fatalities among the 50 largest metro areas were found in Florida. The CDC reports that more than half of all teen car accidents occur on weekends (Friday, Saturday, and Sunday), and approximately half of all teen accidents occur between 3pm and midnight. However, teens do not have to become a statistic over the summer months. By using good judgment and making mature decisions, teens can safely enjoy their summer and their time behind the wheel. Teens should make sure they drive the speed limit, do not drink and drive, do not ride with someone that has been drinking, wear their seatbelt at all times, and limit the number of passengers in their vehicle. By following some simple driving rules and safety regulations, teens may save their lives as well as the lives of others.
 

Parents have a talk with your teen about driving safety. Take a look at the following list of suggested topics to include in the conversation:

Suggested Safety  Rules for Teen Drivers - provided by the NHTSA

Alcohol: Absolutely No Alcohol (No exceptions)
Seat belts: Always Buckle Up! - (In Florida, it is the law June 30th)
Cell phone/texting: No talking or texting while driving  (Set an example and use a headset)
Curfew: Have the Car in the Driveway by 10 p.m. (depending upon circumstances)
Passengers: No more than one at all times (this simple rule has saved many lives)
Graduated Drivers License: Follow your state's GDL law
Parental Responsibility: Set your house rules and consequences

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Don't let the slick, clever misleadind Hydroxycut ad fool you, there’s no real substitute for diet and exercise when it comes to losing weight safely.  Every year millions of Americans turn to so-called dietary supplements to aid in reducing pounds and inches from their waistlines. In many cases, these supplements are no more than combinations of vitamins and minerals or herbal remedies that, while they may not actually cause weight loss, do no harm to those taking them. The FDA recalled several Hydroxycut products made by Iovate.

Is it worth the risk, taking a supplement touted as a miracle weight-loss aid, that can possibly cause dangerous, and even fatal, health problems? Many consumers taking the widely popular Hydroxycut products marketed and distributed by Iovate and Muscle Tech are faced with this dilemma.

According to a warning issued by the U.S. Food and Drug Administration last month, several Hydroxycut products manufactured by these companies have been linked with 23 reports of serious health problems, including jaundice and elevated liver enzymes, potential indicators of the presence or emergence of more serious liver damage which may, in some cases, require liver transplant. In addition to these health problems, the agency also reported one death due to liver failure linked to these Hydroxycut products.

In addition, Hydroxycut users reported other harmful and serious side effects, including cardiovascular problems, seizures, and rhabdomyolosis, a condition in which an individual’s muscle tissue begins to break down, often resulting in severe kidney damage and even kidney failure.

In its statement, the FDA noted that it has not yet determined the dosages associated with injury, and asked consumers to immediately stop using Hydroxycut products, and to see their physician if they experience any of the symptoms which may occur as side effects of Hydroxycut use, including the yellow skin and eyes indicative of jaundice, nausea, vomiting, fatigue, abdominal pain, loss of appetite, itching, light-colored stool, and brown urine.

Hydroxycut products recalled by the FDA include:

• Hydroxycut Regular Rapid Release Caplets
• Hydroxycut Caffeine-Free Rapid Release Caplets
• Hydroxycut Hardcore Liquid Caplets
• Hydroxycut Max Liquid Caplets
• Hydroxycut Regular Drink Packets
• Hydroxycut Caffeine-Free Drink Packets
• Hydroxycut Hardcore Drink Packets (Ignition Stix)
• Hydroxycut Max Drink Packets
• Hydroxycut Liquid Shots
• Hydroxycut Hardcore RTDs (Ready-to-Drink)
• Hydroxycut Max Aqua Shed
• Hydroxycut 24
• Hydroxycut Carb Control
• Hydroxycut Natural

If you have taken these products and are experiencing side effects, contact your doctor. It is better to err on the side of caution and discontinue use of the product. This could help save your life and prevent fatal results.

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Do any of these sound familiar?  "You are in Good Hands with Allstate",  "Like a Good Neighbor State Farm is there", "Better Benefits at work - Unum", "Helping people live healthier lives - United Health. The above mentioned slogans are all from top insurance companies that were listed in the publication Top Ten Worst Insurance companies - How they raise premiums, deny claims, and refuse insurance to those who need it most,  ranked by the American Association for Justice (AAJ).

As a Florida law firm, LaBovick & LaBovick, PA handles personal injury claims from accidents.  We have worked with most insurance, if not all insurance companies, when working on behalf of our injured clients. This post does not mean to bash insurance companies or suggest not purchase insurance. There have been several instances where a client's Uninsured Motorist policy had to kick in, because the person responsible for the automobile accident, had no coverage or insufficient coverage.  It is wise, to have a good insurance agent that you trust and respect, to write an insurance policy. Personally, I have been with my Insurance Agent for 20 years.

Proper coverage is so critical to a driver on Florida's roadways. If you are involved in an accident, and the other party responsible does not have coverage, you will wish that you would have taken out the Uninsured motorist coverage for the extra few hundred a year.  It can save you lots of headaches in the future, if you are injured in an automobile accident. Talk to your agent about proper coverage for your vehicle.

All insurance carriers are not equal.  Some are better than others and some are worse. The AAJ took a look at several insurance carriers and came up with a list of the top ten worst insurance companies. They investigated court documents, records from the FBI and the SEC, Complaints and investigations from State Insurance departments, testimony and deposition from former agents and adjusters, and new accounts from around the country.  The final comprehensive list of the top ten worst include automobile insurers, homeowners insurers, health insurers, life insurers and disability insurers.

There are a few well know advertising insurance companies are absent from the AAJ list they are AFLAC, GEICO, and Progressive.  They must be doing something right, if they managed to avoid the list.

Did you know that the insurance industry takes over $1 trillion annually in insurance premiums? The insurance industry also, has more than $3.8 trillion in assets, according to the Insurance Information Institute. One would think that with all of this money, why on earth would the insurance industry have to deny benefits to clients that were entitled to them.  There is only one thing that comes to mind and that is corporate greed.

In this five part series, we will look at the insurance industry, discuss companies on the ten worst insurance company list and give readers a fresh perspective as to what the companies are doing to improve public opinion and to service customers.

According to the AAJ, the following companies ranked as the top ten worst insurance companies:

1. Allstate
2. Unum
3. AIG
4. State Farm
5. Conseco
6. WellPoint
7. Farmers
8. United Health
9. Torchmark
10. Liberty Mutual

Stay tuned for part two of the series on "he worst ten insurance companies" and what every consumer needs to know when choosing an insurance provider.

Read the PDF of the AAJ's "Ten Worst Insurance Companies"

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Mattel Corp. settled the lawsuits brought against the company for bringing and selling unsafe products within the United States. On Friday, June 5th, the U.S. Consumer Product Safety Commission (CPSC) placed a civil penalty against Mattel for violating Federal Ban on the use of lead paint. The company agreed to pay a $2.3 million sum, though both the company and its subsidiary, Fisher-Price, did not admit to any wrong doing. The moneys to be paid out in this settlement are in addition to a previous a previous finding; in 2008, Mattel ended a 15 month legal probe by paying $12 million to 39 states regarding the importing and attempted sale of the contaminated toys.

The lawsuit stemmed from a discovery of unsafe levels of lead paint found in Mattel toy products that were on store shelves between September 2006 and August 2007. According to the CPSC, nearly 100 varied items were included in the lawsuits, representing several million individual pieces. Mattel issued a recall for the products, which included such popular toy brands as Barbie, Doggie Day Care, Dora the Explorer, and Polly Pocket. Other toys that were recalled included items associated with characters from Sesame Street and the movie Cars.

Parents have every right to feel anxiety about high levels of lead in toys. The CPSC says that lead in paint can cause irreversible brain damage, increased blood pressure, decreased muscle coordination, nerve damage, and reproductive harm in both children and adults. Parents who fear that their children may have been exposed to lead based paint should arrange for lead poisoning screening. Early treatments may reverse the effects of lead poisoning, while prolonged exposure to lead or lack of adequate care may cause permanent damage.

Though some parents have vowed to only allow their children to use organic, unpainted toys, this is an effective but unnecessary step at lead exposure prevention. In order to decrease the contact children may have to possible lead based toys, parents should stay abreast of all product recalls. The CPSC keeps an updated list of all recalled toys at on the Consumer Products Safety Commission website under recalls. Parents should check this site regularly if they are at all concerned about possible lead contamination. Parents should also frequently examine toys and remove those that have chipped or peeling paint, as ingested or inhaled lead is the chief cause of damage. Parents should also attempt to keep children from biting or sucking on painted toys.
 

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