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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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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Florida Motorists, mark your calendars, on June 30, 2009, the Dori Slosberg and Katie Marchetti Safety Belt Law will go into effect in the State of Florida.Thanks to the valiant efforts of concerned citizens and organizations such as the Dori Slosberg Foundation and the Katie Marchetti Foundation, this law will finally become a reality. This law is named in memory of two Florida teens that were killed in separate traffic accidents and died as a result of not wearing their seatbelts. This new seatbelt law will have far-reaching implications for those motorists that continue to violate the law by failing to wear their seatbelts either as the driver of or as passengers in a vehicle. While many might argue that every individual should have the right to choose whether or not to buckle up on Florida’s roadways, the state feels that it is in the best interest of public safety to enforce safety rules and regulations regarding seatbelts. Hence, Florida motorists will want to be aware of the new seatbelt law and how it will affect them.

While the percentage of motorists wearing seatbelts has increased over the last several years, Florida’s percentage of those that adhere to seatbelt laws is still below the national average. The National Highway Traffic Safety Administration reports that the national percentage of seatbelt use in 2008 was 83 percent. In Florida, the percentage of seatbelt use in 2008 was just under 82 percent. Even though Florida’s seatbelt use percentage is close to the national average, 1 in 5 drivers still do not wear their seatbelts according to the Florida Department of Transportation (DOT). Furthermore, the Florida DOT states that 3 out of 5 motor vehicle fatalities are the result of a failure to buckle up.

Florida joins 28 other states plus the District of Columbia with the passage of th new primary seatbelt law that will allow Florida law enforcement officers to pull over and ticket motorists for simply not wearing their seatbelts. No other type of violation will be necessary under the new seatbelt law for Florida law enforcement officers to make a traffic stop. When the driver or any passengers in the vehicle are not wearing their seatbelts, a Florida law enforcement officer will have a legal right to pull over the car and ticket those not wearing their seatbelts. The state fine for a seatbelt violation will be $30, and each county may impose additional fines and court fees as well.

According to Florida Governor Charlie Crist, "The most important function of government is to protect." With that said, Governor Crist signed into law the Dori Slosberg and Katie Marchetti Safety Belt Law. The Florida Highway Patrol predicts that at least 124 individuals will be saved each year as a result of the state’s new seatbelt law. It is important for drivers and their passengers to be aware of these changes to the state’s seatbelt laws, and drivers should ensure that they and their passengers are buckled up before hitting the Florida roadways beginning June 30.

Check out  the Governor's Highway Safety Association website to learn more about the various state seatbelt safety laws.
 

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Two teens leaving Seminole Ridge High School were injured by a vehicle while crossing the very busy Seminole Pratt Whitney Road.  The students used the crosswalk to cross the road, but unfortunately, were not protected from being injured by a car traveling northbound on Seminole Pratt Whitney Road.

According to reports, the police is investigating the accident. Several parents are outraged that more is not being done to protect the safety of student pedestrians crossing Seminole Pratt Road. There are two crosswalks on this road, Seminole Ridge Road Cross walk and Sycamore Road crosswalk. But are they effective in making it safe for student pedestrians crossing Seminole Pratt Whitney Road? 

The Seminole Ridge crosswalk encourages student pedestrians to cross the highway into an area where there is no sidewalk on the other side.It is dangerous that a student pedestrian must walk several hundred yards on the side of a busy road, before reaching a sidewalk.  Some detractors say, "But there is a sidewalk on the other side of the street." However, there is no crosswalk to help pedestrians cross over safely to the other side. Is it safe for a pedestrian to run across busy traffic with no crosswalk?

Governor Charlie Crist signed the Pedestrian Safety Bill (S.B. 154) into law in May 2008, which requires drivers to stop when pedestrian is in the crosswalk. In addition, the Pedestrian Safety Bill (SB 154) amends sections 316.075 & 316.130 of the Florida Statutes and says, “The driver of a vehicle at any crosswalk where signage so indicates shall stop and remain stopped to allow a pedestrian to cross a roadway when the pedestrian is in the crosswalk or steps into the crosswalk and is upon the half of the roadway upon which the vehicle is traveling or when the pedestrian is approaching so closely from the opposite half of the roadway as to be in danger.” 

Since Seminole Ridge is a High School, it does not qualify for a crossing guard or blinking school zone sign, according to the Palm Beach School District. Should there be an exception, since the speed limit is 45 mph on Seminole Pratt Road and nearly 40 of the 100 accidents on Seminole Pratt Whitney Road have occurred in front of Seminole Ridge High School, since 2007.

What will it take for the safety of students crossing this busy intersection to be put first? Many concerned parents and citizens have asked this question. The blame game and excuses are no longer acceptable and something must be done now.

Concerned citizens and parents are working on ways to make it safer for Seminole Ridge High students crossing Seminole Pratt Whitney Road before and after school.  It should not take the death of a student to make crossing Seminole Pratt Whitney Road safer for student pedestrians.

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A new report shows that highway deaths in 2008 dropped from previous years. According to the National Highway Traffic Safety Administration, NHTSA, 37,313 people died in motor vehicle traffic crashes last year. This happens to be 9.1 percent fewer deaths than in 2007, which had 41,059 traffic deaths. It is important to note that this is the lowest number of traffic deaths since 1961, when there were 36,285 deaths.

The high gasoline price tag of $4 gallon and fewer miles driven is only one side of the equation. Effective measures like enforcement of drunken driving laws and the work of advocacy groups, such as the Dori Slosberg Foundation, that encourage safer driving habits, also contribute to the decrease of traffic related deaths and awareness of highway safety.

In addition, increased seat-belt use and states promoting seat-belt usage through law enforcement helps promote highway safety. Currently there are  27 states with a primary mandatory seat-belt law. Arkansas is the most recent state to approve legislation of primary enforcement of the safety belt use law. In Florida, there is only a primary seat belt use law for children under 18, effective since 2005.

We encourage all drivers to use caution when driving on the highway.  Always use a seat belt and limit the amount of distractions when behind the wheel, such as texting or talking on the phone while driving.

Leave the need for speed to the actors and Hollywood production crews that create Box office blockbusters,  "Fast and Furious".

Click here to read more from the NHTSA on highway traffic statistics.

 

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A Fresno woman's severe brain injury was a big deciding factor in the large monetary award her family received by the Jury. $10.5 million was awarded to Maria Blanca Lopez and her family, one of the largest monetary judgments ever assigned in Fresno County case of drunken driving.

June 9, 2007 was the day J. C.  Ramirez, an employee of the Disabled American Veterans (DAV) Charities of Central California, chose to drive drunk. He was driving a dump truck used by the organization when he ran a stop sign at the corner of Church and Valentine. The truck, weighing 20,000 pounds, was traveling at 25 to 30 miles per hour when it struck and broadsides Lopez.

Ramirez plead guilty, in an earlier court appearance, to charges of driving drunk. Ramirez was evidently drunk when he arrived at work on June 9th. He was allowed to operate the truck regardless of alcohol consumption.

The jury assigned DAV Charities the responsibility of $4 million in medical expenses covering past as well as future events. They awarded an additional $6.5 million to the family for pain and suffering equated with the injuries Lopez will live with for the rest of her life. This is such a tregedy all the way around, since the DAV Charities was found responsible and had to pay this huge award.

According to  a list on MSN  of “The Drunkest Cities” in the U.S.  Fresno, CA ranks in the top ten at number 93. Number 100, Denver, Co. ranks as the drunkest city. Other cities listed as failing are Colorado Springs, Austin, Fargo, Anchorage and Omaha. They compiled data from an article written by the editor's of Men's Health.

At the Injury Law Blog, we encourage readers not to drink and drive. If you see friends or others attempting to get behind the wheel while intoxicated, call them a cab. There are several services that provide intoxicated drivers free rides home, in an attempt to cut down on drunk driving accidents. If everyone reaches out to prevent driving while intoxicated, we can make a difference in the drunk driving car accident statistics.

 

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We all know that accidents can happen when a driver is experiencing distractions. It is a no-brainer that texting or talking on a hand held cell phone while driving can be dangerous. In fact, there are a few states have made it illegal to use hand held cell phones while driving, those states include California, Connecticut, New Jersey, New York, Utah, and Washington) and the District of Columbia. According to the Institute for HIghway Safety, there are states that have left it up to local government to ban cell phone use, those states include Illinois, Massachusetts, Michigan, New Mexico, Ohio, and Pennsylvania) specifically.  On the otherhand, there are 8 states prevent localities from  from banning cellphone, our very own State of Florida, is among the group of states, including Kentucky, Louisiana, Mississippi, Nevada, Oklahoma, Oregon, and Utah.

We came across some useful studies and statistics that we felt our Injury Law Blog Readers would find useful. We encourage you to share and pass this along.  If we help save the life of one individual, by sharing these statistics, we will be grateful. Our Florida Law Firm partners with the Dori Slosberg Foundation and proudly supports their efforts in promoting driving safety among teens. Managing Partner, Brian LaBovick, joins Frmr. State Representative Irv Slosberg by speaking at High School Assemblies to High School students about  the importance of highway safety for teen drivers.

Important Safety Stats on driving safety and cell phone use:

The Insurance Institute for Highway Safety and the U.S. Department of Transportation's Fatality Analysis Reporting System (FARS) shared that in 2007, teens accounted for 12 percent of motor vehicle crash deaths. (Note: there were 4,956 teen deaths involving motor vehicles).

AAA Foundation for Traffic Safety released a report on Cell Phone driving and research update and provided the following:

• Over half of U.S. drivers report having used a cell phone while driving.
• Onee in seven drivers admits to text messaging while driving.
• Young drivers were overwhelmingly more likely to text message, and somewhat more likely to talk on cell phones while driving than older drivers.
• Higher levels of education were also found to be associated with higher levels of cell phone use and text messaging while driving, especially among males.
• Dialing a hand-held device was associated with nearly triple the odds of being involved in a crash or near-crash, and talking or listening to a hand-held device was associated with about a 30% increase in the odds of being involved in a crash or near-crash.

We encourage you to be safe and to exercise caution while driving and using a cell phone. To read more from the American Automobile Association cell phone driving report click on the following link.

injurylaw.labovick.com/uploads/file/AAA_cell phones_and_driving_report(1).pdf

 

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In a recent Arizona Appeals case, Chalpin vs. Snyder,  the Court, raised several questions in a case regarding an insurance company not paying an insureds claim regarding a car accident. One of the most far-reaching question's is whether an attorney is liable for aiding and abetting in a malicious tort?

This case argues that Snyder, Attorney for the Reliance Insurance Company, assisted and participated in a tort against Hi-Health and its owner Mr. Chalpin, when the company refused to cover a driver-at-fault accident involving Mr. Chalpin’s daughter. Mr. Chalpin’s daughter was covered under the company policy as an occasional employee.

Two additional points of note are that 1) Reliance initially accepted the claim, and 2) Snyder initially held that the claim was valid. It was not until the claim exceeded a five million dollar expense that Reliance sought to disallow the claim. In fact, Snyder advised Reliance Insurance to sue their insured, Mr. Chalpin as a means of minimizing the value of the policy and thus reducing the acceptable settlement amount in the accident claim.

Two courts dismissed motions for summary judgment filed by Hi-Health and allowed the case to go to trial. Their reason was that the evidence as presented raised a credibility issue that was best decided by jury.

The subsequent appeal noted that the credibility issue would not have been present if Snyder had addressed the points of the suit in the motion. In short, Hi-Health claimed that Snyder knew that Reliance had improperly revisited its original decision to cover Mr. Chalpin’s daughter only after it realized the amount of exposure the company would suffer and that the subsequent suit was in fact an effort to shift its losses.

The court noted that Reliance failed to avail itself of a number of alternatives when issuing the original coverage, including modified coverage and deeper initial investigation of the person covered. The fact that Snyder was aware of these options, and initially held that the coverage was legitimate, was Snyder’s undoing.

Under general rule, “a lawyer is subject to liability to a client or non-client when a non-lawyer would be in similar circumstance.” Moreover, “when a lawyer advises or assists a client in acts that subject the civil liability to others, those others may seek to hold the lawyer liable along with or instead of the client.” (Paragraph 45 of the ruling) Thus, the court held that Snyder, due to active involvement in the misdirection of the case and its subsequent motions, was indeed liable and that aiding and abetting was a valid cause of action.

The Supreme Court reversed the trial court’s orders dismissing the aiding and abetting claims and granted summary judgment of the malicious prosecution claim.

Ironically, if Reliance Insurance had authorized the original settlement amount, consistent with the coverage obtained by the policyholder, this case would never have gone to trial.

 

 

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A brain injured auto accident victim has $10.5 million reasons to be thankful after receiving a  large monetary award in court The sum of $10.5 million was awarded to brain injury victim M. Lopez and her family in a Fresno courtroom. This was one of  the largest monetary judgments ever assigned in Fresno County case of drunken driving.

June 9, 2007 was the day J. C. Ramirez, an employee of the Disabled American Veterans (DAV) Charities of Central California, chose to drive drunk. He was driving a dump truck used by the organization when he ran a stop sign at the corner of Church and Valentine. The truck, weighing 20,000 pounds, was traveling at 25 to 30 miles per hour when it struck and broadsided the brain injury victim.

Ramirez plead guilty, in an earlier court appearance, to charges of driving drunk. Ramirez was evidently drunk when he arrived at work on June 9th. He was allowed to operate the truck regardless of alcohol consumption.

A word of caution to employers:  Make sure your workers ar not driving drunk or operating machinery while intoxicated.  There is a good chance that the employer can and will be held liable. Take a close look at today's jury verdict.

The jury assigned the employer, DAV Charities the responsibility of $4 million in medical expenses covering past as well as future events. They awarded an additional $6.5 million to the family for pain and suffering equated with the injuries Lopez will live with for the rest of her life.

The brain injury victim in this case is a 57-year-old minimum wage earner . Since June 9th, she has been in hospitals and injured in the accident. She has been in hospitals and nursing homes. .

The size of the award is a first for the Fresno area. Large sums in cases of such severe brain injury have long been recognized as appropriate in other areas of California. Fresno juries have finally seen fit to follow the trend.

MSN posted a list of “The Drunkest Cities” in the U.S. with data taken from an article written by the editor's of Men's Health. Fresno, CA ranks as being one of the most drunkest cities at number 93. The MSN list ranks Denver, CO as the drunkest city at Number 100. Other cities listed as failing are Colorado Springs, Austin, Fargo, Anchorage and Omaha. Surprisingly, Miami, FL made the top ten list of least dangerously drunk cities.  Now it is important to mention that MSN used the following factors when making their list: annual death rates due to alcoholic liver disease, as well as who's headed there by regularly downing five or more drinks in a sitting (CDC)., drunk-driving arrests (FBI) and the percentage of fatal accidents involving intoxicated motorists (U.S. Department of Transportation).

Click here to find out more on  Brain Injury and Auto Accident Statistics regarding drunk driving. To read more from the Fresno Bee on this case, Click here.

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Drunken-driving deaths decreased in 32 states from 2006 - 2007, according to a NHTSA report on Thursday. However, alcohol-related fatalities among motorcycle riders increased around the country.

According to the report, in Florida there 143 fewer deaths in 2007 (3,214) that were traffic related fatalities from 2006 (3,357).

Overall, almost 13,000 people were killed in crashes in which a driver had a blood alcohol concentration of 0.08, the legal limit in the United States, or at higher levels, compared to the 13,500 in 2006.

The report also shows that in 2007, 1,621 motorcyclists were killed in alcohol-impaired crashes, a 7.5 percent increase from 2006.

In light of the Labor Day weekend, please drive responsibly. If you are driving and happen to have a drink or two, think twice before getting behind the wheel of a car. Ask a friend to drive you home or call a cab before risking your life and the life of others, by driving intoxicated. Law Enforcement in Florida is in full force this weekend and will be ticketing and arresting people that are driving drunk.

Click here to see the report from the NHTSA on traffic related fatalities in Florida and all of the states across the Country.

Click here to read the AP/MSNBC article on Drunk Driving Deaths fall in 32 States.

Click here to read more about Driving and roadway safety.

 

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A common topic that we are asked to explain to clients in our Florida law office is the Florida Law on PIP. There are several misconceptions out there on what PIP covers. This blog  post  will go over the ABC's of Florida Personal Injury Protection Insurance. 

PIP is a guaranteed health insurance policy for a person who is injured in an automobile accident. When a person is injured in an automobile accident if they do not have regular health insurance, but they have PIP insurance, they are guaranteed $10,000 of  health insurance less what ever deductible they have chosen. In other words, the person injured is guaranteed $10,000 worth of health benefits. If they have a $1,000 deductible for example, the first $1,000 of medical bills is their responsibility.

PIP pays 80% of your reasonable and necessary medical bills. The PIP law just changed, so there are Medicare fee schedules that PIP pays 80% of those schedules. For example, if there is a charge for $100, Medicare's fee schedule would be $80. Eighty percent of the first bill would get applied to the deductible. When the deductible is met, PIP then pays 80% of those next  bills, up to $10,000.  One of the benefits  of PIP is that it gives the injured person in an accident, $10,000 of  insurance for their medical bills. It is also the law in Florida as the minimum requirement to operate a vehicle. In the State of Florida, you must have PIP and Property damage insurance.

Is it always the $10,000 limit?
Yes. I have seen on occasion, extended PIP, but those would be associated with out of state policies. I have not seen extended PIP on a Florida policy.

What is the deductible for PIP?
You can manipulate your deductible, meaning you have options too choose from, which includes:  no deductible, $500 deductible or $1,000 deductible.

Continue Reading...

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Recently, we received the following question from a reader of our Whistleblower Law Blog in response to a post on Shedding the Light on Attorney Contingency Fees. 

“What limit do you suggest on contingency fees - versus none? Unfortunately, except in certain prof liab and other law, we are hearing of contingencies of up to 65% and 70% in certain jurisdictions.”

First, I must say, this was a thoughtful question. Here is my belief on the appropriate cap on attorney fees. I am writing my response on our LaBovick Injury Law Blog, because I believe this will interest our readers. 

In Florida, contingency injury cases are capped by the Florida Bar. To exceed the cap the attorney must obtain special permission from the judge assigned to the case. It is my inherent belief that market forces do a better job lowering injury case contingency fees then a Florida Bar fee cap. (I must add that I am a Republican.) There are a huge number of personal injury lawyers in every community in the country. Under typical market circumstances, the sheer number of attorneys competing for injury cases would drive fees down. The Florida Bar instituting a fee cap effectively created an informal "State Assigned" minimum fee. This is a good marketing trick for injury lawyers because the consumer believes the Florida Bar has regulated the minimum fee for injury cases. There are so few lawyers who advertise lower contingency fees then the Florida Bar contract that they are irrelevant. However, both attorneys and consumers perceive lower fees from the small number of practitioners as low quality legal work. In reality the Florida Bar, fee cap has created a situation where the cap is actually a minimum fee and some attorneys actually go to court and ask the Judge for permission to charge more, not less. 

If there was no Florida Bar fee the market would, over time, take effect. Better lawyers would charge more and less qualified or less experienced or "mill" business models would charge less. The consumer could investigate and choose the attorney they wanted. The consumer's investigation into fees vs. reputation would create competition between attorneys, even those with good reputations, and would force them to charged less to compete in the market. That was the long answer to your question: I do not believe there should be any "cap" on fees because it creates an artificially high fee for the consumer.

Brian

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Recently, we received the following question from a reader of our Whistleblower Law Blog in response to a post on Shedding the Light on Attorney Contingency Fees. 

“What limit do you suggest on contingency fees - versus none? Unfortunately, except in certain prof liab and other law, we are hearing of contingencies of up to 65% and 70% in certain jurisdictions.”

First, I must say, this was a thoughtful question. Here is my belief on the appropriate cap on attorney fees. I am writing my response on our LaBovick Injury Law Blog, because I believe this will interest our readers. 

In Florida, contingency injury cases are capped by the Florida Bar. To exceed the cap the attorney must obtain special permission from the judge assigned to the case. It is my inherent belief that market forces do a better job lowering injury case contingency fees then a Florida Bar fee cap. (I must add that I am a Republican.) There are a huge number of personal injury lawyers in every community in the country. Under typical market circumstances, the sheer number of attorneys competing for injury cases would drive fees down. The Florida Bar instituting a fee cap effectively created an informal "State Assigned" minimum fee. This is a good marketing trick for injury lawyers because the consumer believes the Florida Bar has regulated the minimum fee for injury cases. There are so few lawyers who advertise lower contingency fees then the Florida Bar contract that they are irrelevant. However, both attorneys and consumers perceive lower fees from the small number of practitioners as low quality legal work. In reality the Florida Bar, fee cap has created a situation where the cap is actually a minimum fee and some attorneys actually go to court and ask the Judge for permission to charge more, not less. 

If there was no Florida Bar fee the market would, over time, take effect. Better lawyers would charge more and less qualified or less experienced or "mill" business models would charge less. The consumer could investigate and choose the attorney they wanted. The consumer's investigation into fees vs. reputation would create competition between attorneys, even those with good reputations, and would force them to charged less to compete in the market. That was the long answer to your question: I do not believe there should be any "cap" on fees because it creates an artificially high fee for the consumer.

Brian

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Are laws that require drivers to use a Hands Free device for talking on a cell phone making a difference?   The state of California and 4 other states thinks so. Effective today, July 1, 2008 if you are driving in the state of California, and want to talk on a wireless phone, you must use a handheld wireless telephone, (according to Vehicle Code (VC) §23123). It is interesting to note that this law affects drivers 18 years of age and older.  Drivers that are younger than 18 years of age are not allowed to drive using hand held devices or talk on a wireless phone at all.

California joins four other states, New York, Connecticut, New Jersey, and Washington), the District of Columbia and the Virgin Islands in the ban of driving while talking on handheld cell phones. Some may say that about texting while driving, only 4 states have stepped up to the plate and passed laws on banning texting while driving, they include: Alaska, Minnesota, New Jersey and Washington. Several other states have pending legislation on the ban of texting while driving.

Since we are a Florida Law firm, I asked one of our Attorneys, Mark A. Greenberg, his perspective on the impact of hand held cell phones and car  accident cases he has handled. He informed me that he has seen accident cases, where the defendant lied about using a cell phone while driving. After getting telephone records, Attorney Mark Greenberg, was able to show  that the defendant was on the phone at the time of the accident.  It does not pay to lie about things like this, because a Plaintiff's Attorney can get the phone records to determine if a defendant is lying about the use of the cell phone and a car accident. The distraction of a phone call, can cause someone to not pay attention to the road and cause an unfortunate injury to an innocent car accident victim. The Insurance Information Institute cites the following statistics on their site about dangers of driver inattention: An April 2006 study found that almost 80 percent of crashes and 65 percent of near-crashes involved some form of driver inattention within three seconds of the event. The study, was a joint study between the National Highway Traffic Safety Administration (NHTSA) and the Virginia Tech Transportation Institute.

In a conversation with the Executive Director of the Dori Slosberg Foundation, Tara Kirschner.  I found that the foundation is 100% in favor of making hands free devices a requirement for Florida drivers. Sun Sentinel writer John Kennedy commented in an article that legislation banning the use of cell phones for all drivers was proposed in Florida five years ago, but failed with legislators due to the belief that they would be too much government interference.

However, according to an article in the LA Times, by Myron Levin, a hands free cell phone law, may not make the roads safer. He quotes Arthur Goodwin, a researcher at the University of North Carolina Highway Safety Research Center, as saying "There’s a common misperception that hands-free phones are safer when the research clearly suggests that they they’re both equally risky”.  I find this interesting that Mr.  Goodwin and other scientists would say that hands-free laws could actually make things worse by encouraging drivers to make more or longer calls. I must state for the record that I find this statement a bit of a stretch, I am sure that a lot of people will agree.


 

Continue Reading...

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The eighth annual Click it or ticket Florida Campaign Kicks off for 2008 today. The campaign runs  from May 19 - June 1, 2008. The Click it or ticket  is a part of a national campaign that encourages drivers to buckle up.

This is a serious issue the LaBovick & LaBovick Law Firm is deeply committed to supporting. This year we partnered with the Dori Slosberg Foundation in helping to make the community more aware of this important roadway safety issue. This year, Governor Crist and law enforcement has  extended the campaign in hopes of saving more lives. Drivers on the roadways should be aware:

During May 19 - June 1, 2008, law enforcement will be increasing normal patrols and enforcement activities. In addition, law enforcement will be practicing a zero tolerance policy for safety belt usage. If a person is stopped for any traffic violation and is caught not wearing a safety belt, he or she will be ticketed. 

Research indicates that when people are wearing their seat belts/safety belts, lives have been saved in automobile accidents and automobile crashes.

Join the LaBovick & LaBovick Personal Injury Law Firm in promoting the 2008 Click it or Ticket Florida Campaign. We can all take it one step better and promote wearing seat belts all year long.

Important Florida seat belt usage statistics:

South Florida Seat belt Usage Statistics by County
Broward –  81.5% (2007) 
Miami Dade –  76.2% (2007
Palm Beach – 79.0% (2007) 

Seat belt Safety Usage Statistics in Florida:
• 2,103 people killed in vehicles.
• (1,301) of those killed not wearing seat belts.
• 72% (79 of 110) of the children ages 0 to 17 years old killed were not using safety equipment

Seat belt Usage by Florida Drivers:
• 618 drivers not wearing their safety belts were killed in traffic crashes. 
• 23,197 drivers involved in traffic crashes were not wearing their safety belts.

Day and Time of Crashes in Florida:
• Friday, during the 5 p.m. hour, had the highest number of all types of crashes (3,294).
• Sunday, during the 2 a.m. hour, had the highest number of fatal crashes (48).
• Saturday, during the 2 a.m. hour, was second with 40 fatal crashes.


NHTSA Traffic Safety Facts, 2006 Nationwide Crash Statistics
1 fatality every 12 minutes
1 injury every 12 seconds
1 property damage crash every 8 seconds
1 law enforcement reported crash every 5 seconds

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The Allstate Corporation, one of the the nation's largest publicly held insurance companies, recently released approximately 150,000 pages of documents pertaining its review claim practices from the 1990s. Although, some media have regarded the documents as coming up short, according to a recent Times Picayune article.

On the opposite side of  the argument, the release of the documents by Allstate can be viewed as  Allstate's way of showing that they have nothing to hide. Undoubtedly, the Mckinsey documents issue will not go away for awhile, in light of the looming release of the new tell all book for the public by New Mexico attorney David Berardinelli, called "From Good Hands to Boxing Gloves: The Dark Side of Insurance."

An Allstate spokesperson, Rich Halberg, downplays the significance of the documents in a recent  Allstate press release, "When aired in the unbiased setting of a court of law, allegations about the documents have been shown to be without merit. Most recently, some of the documents were seen and explained in context to a jury during a two-week trial in Kentucky (Hager v. Allstate)."

The Hager v. Allstate case involved a rear-end automobile accident case that occurred in 1997. The Plaintiff, a 60 year old accident victim, sued Allstate for not paying claims related to the personal injury in the car accident and for allegedly violating Kentucky's Unfair Claims Settlement Practices Act. The outcome of the two week trial was for the Defendant, Allstate. According to several published reports, the jury came back with this verdict after deliberating for a short while. One can only wonder if the Jury took the Plaintiff seriously for asking for $1.425 Billion for what is typically referred to as a soft tissue injury.

Click here to view the extensive site of the Allstate "Claim Review" documents.  The site shares comprehensive information on Casualty Review, Homeowners Review, Auto Physical Damage Review and Field work Information.

We encourage the public to read the documents and let us know your opinion of the documents.

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A recent study from the Insurance Institute of Highway Safety tested several mid-sized cars and rated most with marginal or poor ratings for rear-end collisions.  This is important to mention because rear-end collisions and and neck injuries are the most common injuries reported in automobile injury accidents. According to insurance reports, rear-end collisions account for nearly 2 million insurance claims each year, with an estimated cost of $8.5 billion. Although, neck injuries are not life-threatening, they often leave the injured accident victim with a lot of pain and are sometimes debilitating.

The Rear crash test rated protection in a two-step procedure. Starting points for the ratings are measurements of head restraint geometry — the height of a restraint and its horizontal distance behind the back of the head of an average-size man. Seats with good or acceptable restraint geometry are tested dynamically using a dummy that measures forces on the neck. This test simulates a collision in which a stationary vehicle is struck in the rear at 20 mph. Seats without good or acceptable geometry are rated poor overall because they can't be positioned to protect many people.

On a positive note, according to Institute senior vice president David Zuby, "The side impact results represent a huge change from just four years ago. "A major change is that auto manufacturers have been moving quickly to make side airbags standard, even on lower priced models."

In 2006, there were 42, 642 people killed in the 38, 588 fatal motor vehicle accidents, according to the Institute of Highway Safety. Florida was third in the nation in fatal motor vehicle accidents, with 3,374 reported deaths from 3,097 fatal accident crashes.  California was number one in the nation in automobile fatal accidents with 4,236 deaths and Texas came in second with  3,475 reported motor vehicle deaths.

According to a NHTSA FARS report, South Florida led the state in traffic fatalities by County, with Palm Beach County having 212 traffic fatalities, Broward County having 267 traffic fatalities and Miami Dade County having 367 traffic fatalities. It is important to mention that Palm Beach County traffic fatalities increased the most significantly in South Florida from prior years by nine percent. 

This makes the National Click it or Ticket Campaign, so important in saving lives on the roadway. During May 19 - June 1, 2008, law enforcement agencies join forces day and night, from coast-to-coast, for an enforcement blitz that delivers on our message “Click It or Ticket". The mobilization is supported by national and local paid advertising and earned media campaigns aimed at raising awareness before the blitz that ... Day or Night - Buckle Up or Pay Up.

The amazing nonprofit, Dori Slosberg Foundation has taken important steps in working with Florida law enforcement to ensure Florida's participation in this meaningful campaign.  Irv Slosberg and his dedicated team have tirelessly worked side by side with Florida law to ensure that we have the necessary representation on the roadways during this campaign. Although the campaign is only for a few weeks, prior year statistics show that traffic fatalities are decreased during this timeframe.

Click here to learn more about the Staying Alive on 95 event spearheaded by the Dori Slosberg Foundation.

 

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New Jersey drivers will be fined $100 if they are caught using a hand held devices to talk or to send text messages while driving. Starting Saturday, March 1, 2008, the new law went into effect. Police will be issuing fines for $100 if they catch drivers in the act of texting or not using a hand held device while driving.

New Jersey is among four other states, New York, California, Connecticut and Washington, D.C., to have such laws. According to a survey done by Nationwide Insurance, 73 percent of drivers use cell phones and 20 percent text while driving. The New Jersey Gov. Jon S. Corzine signed the legislation giving police more authority to target drivers using hand-held cell phones, and making it illegal to send text messages while driving - distractions legislators contend make for risky driving. The law however, allows drivers to use hands free devices to talk on the phone.

Do Hands Free devices make the roads safer? According to reports from the transportation officials, nearly half of the 3,580 phone-related crashes in New Jersey involved a hands-free device, Five of 11 fatal accidents involving a cell phone that year also involved a hands-free device. This data was from 2006. Russ Rader of the Insurance Institute for Highway Safety said those figures are consistent with recent research showing no difference in crash risk between hand-held and hands-free cell phones.

Although, Florida has not joined the pack in banning texting and cell phone use without a hands free device, We urge you to use caution and common sense.  If you are driving, pay attention to the road and do not text and drive.  If you must send a text, pull over, stop driving and send your text message. After you are finished, compose yourself and proceed with caution to get back on the highway if you have pulled over.  If you do not have one, go out and purchase a hands free device for your cell phone. However, as the statistics above show, driving while not concentrating can cause accidents even with a hands free device.  Always exercise caution while driving and talking.  Your primary focus should be operating your vehicle safely and paying attention to what is happening on the roadway, not your phone conversation, which can be a distraction.

Click here to read more on texting and cell phone use bans from 6ABC.com, AP and the Gainesville Sun

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A West Palm Beach Jury awarded a couple $11 million in a Product Liability suit. The case involved the death of the couple's 25 year old son in a  2004 rollover crash. According to the Plaintiffs the death was caused by a defective seat belt and front passenger seat of a Mitsubishi Sport Vehicle involved in the fatal rollover.

The Counsel for the Plaintiff argued the seat belt was called an "energy absorbent" belt and was designed with an extra 10 inches of overlapping fabric, that could break and cause the belt to extend. 

The Counsel for the Defense argued the loop of material installed on the front passenger seat was designed to help protect the passenger from head and chest injuries. The Defense attorneys are appealing the $11 million jury verdict.

Thankfully the driver's belt did not have any extra material, therefore he suffered only minor injures.

According to the National Highway Traffic Safety Administration's 2007 report of rollover crashes and outcomes, there were 10,553 fatalities involving rollovers in 2004. Florida came in third in the nation with 627 fatal Rollovers in Florida. Texas came in second in the nation with 876 fatal rollovers in Texas. California led the nation with 1068 fatal rollovers in California. Ironically, Montana led the nation percentage wise with 67% fatal rollovers in Montana.

Click here to read more of this case from the Daily Business Review and Click here to read more from NHTSA on Rollovers

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As a Personal Injury Attorney, I come across a lot of interesting cases. When I find one that involves insurance disputes, I take special note. One such case is the  recent Pease v. State Farm. This is a personal injury case involving a police officer and uninsured motorist coverage.

Jason Pease, a sergeant in the Lincoln County’s (Maine) Sheriff’s Office, had a regular take home car.  While off duty on Christmas night in 2002, Sergeant Pease responded to a dispatch call to resolve a disturbance. When he arrived, Sergeant Pease found Michael Montagana causing the problem. Mr. Montagana claimed that he had been drugged and that people were out to get him. Sergeant Pease tried to control the situation but at some point Mr. Montagana ran to the Sergeant's car, got in, and tried to drive away. Sergeant Pease attempted to stop Mr. Montagana and was run over.  As a result, Sergeant Pease suffered severe injuries.

What happened next is disconcerting:

• The Lincoln County Sheriff’s Office had elected not to buy Uninsured Motorist (UM) coverage to protect its officers.

• The Sheriff’s Office did have Workers Compensation coverage, but it did not adequately provide for Sergeant Pease's condition.

• Sergeant Pease had personal UM coverage through State Farm. 

• State Farm built into its UM coverage an exclusion for vehicles “furnished for [your] regular use”.  According to State Farm, Sergeant Pease was left without a remedy since Sergeant Payne was regularly allowed to take his police car home. The Maine Supreme Court, fortunately, found that once the car was stolen it was no longer supplied for his regular use, and therefore Sergeant Pease’s exclusion did not apply.

What is perhaps most interesting about this decision is that it is not the argument made by the Sergeant's attorneys. Instead, the main Supreme Court reached this conclusion on its own. This decision follows ruling from several other states finding UM coverage for people injured by a thief or carjacker, who had stolen the insured’s own vehicle. 

In the future, when you are renewing your personal car insurance policy, think twice before you try to save money and cancel or downgrade your UM coverage. It may come in handy when you least expect it. You never know...

A few cases that were cited in Pease v. State Farm include:

• State Farm Mutual Auto. Ins. Co. v. Nissen, 851 P. 2d 165, 167-68 (Colo. 1993)
• Comet Casualty Co. v. Jackson, 467 N.E. 2d 269 (Ill. App. Ct. 1984)
• American Prot. Insurance Co. v. Parker, 258 S.E. 2d 540, 544 (Ga. App. 1979)
• Longo v. Market Transition Facility of N.J., 741 A. 2d 149, 152-53 (N.J. App. Div. 1999)
• Guiberson v. Hartford Casualty Ins. Co., 704 P. 2d 68, 74 (Mont. 1985)
• Fontanez v. Texas Farm Bureau Ins. Co., 840 S.W. 2d 647, 650 (Tx. App. 1992)

 

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Plaintiff lawyers were dealt a huge blow on Wednesday when their $60 million jury verdict against Ford Motor was overturned by the 3rd Court DCA.  All eyes are on Miami right now, because this was a huge jury verdict for the Plaintiff's. According to the Daily Business Review, the DCA ruled that Judge Roberto Pineiro erred by allowing testimony regarding previous accidents without requiring the plaintiffs to establish the similarities between the case at hand.

Interesting the article mentioned a case involving a driver falling asleep at the wheel. Being that this is "Drowsy Driving Prevention Week", this is an important detail to point out. A Ford spokesperson is quoted as saying “One case was about a driver that fell asleep at the wheel and lost control of the vehicle.”

Unfortunately, this rollover case will need to be retried. We will keep an eye on this case, it is a noteworthy case for ATV rollovers.  Stay Tuned....

Click Here to read the Daily Business Review article by Billy Shields.

 

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The National Sleep Foundation, wants your help in getting the word out about "Drowsy Driving Prevention Week" November 5 - 11, 2007.

Check out the testimony of victims on the foundation website: www.drowsydriving.org 

The statistics are pretty unsettling, according to the National Highway Traffic Safety Administration,  there are 100,000 sleep-related crashes a year and over 1,550 people killed per year and 71,000 injuries in the United States.  

What can you do to help? Check out the great resources section of theDrowsy Driving Organization website.  You will find a plethora of examples and ideas for parents, teens, and adults to use for drowsy driving prevention week.

Personally, I pledge to be more responsible by not driving so late at night, when I feel sleepy. On that note, I will sign off, because it is getting late. I need to get enough sleep, so that I will be alert, when I am on the road again.

Have a good night and try to get enough sleep, before you hit the road.  Drive Alert and Arrive Alive.

Click here to read more from a Reuters Article by Reuven Fentone 
Click here to read more from the Salina Journal on a Trucker and a fatality due to drowsy driving

 

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Texting while driving is becoming trendy and dangerous.  It is not uncommon to see someone text while driving these days, especially teens. Let's not forget the Blackberry Crowd. They are equally dangerous to drivers on the road.  One New Hampshire Lawmaker  is doing something about it, Nashua's David Campbell has filed the paperwork for a bill to ban two-handed texting or typing on any electronic or telecommunications device while driving. According to Campbell in a recent Associated Press article,  "You need at least one hand to operate a motor vehicle,'' a police officer told him cell phone texting isn't the only problem. Some drivers are typing on laptop computers while behind the wheel." He seeks only to ban two-handed typing or texting.

In a recent accident involving a 17-year old, text messages were sent to and from the teen driver before the deadly crash involving a tractor trailer crash.  This is any parents nightmare. Their teen dying at the wheel, while on the phone.  Adults are not immune to texting while driving. According to Lynch Ryan  Worker's Comp Insider Blog,"You can make a case that a vehicle can be operated safely while the driver talks on a cell phone - preferably with a head piece - but no case can be made for safe driving while the operator's eyes are actually focused on the mobile device. Texting, like alcohol, does not go with driving."  I agree wholeheartedly.  The cell phone providers should do more to bring awareness to the dangers of texting while driving. According to a recent study by AAA on teen texting while driving habits, nearly 46% of teens, text while driving.  

Blogger, Anne Donnegan, hit it nail on the head, when she said, more people may have to die in DWT accidents, before legislators eventually see the light and pass a bill banning DWT.

Thankfully, lawmakers around the country are introducing legislation to curb this dangerous behavior. A few brave champions, such as Washington State, Phoenix and New Hampshire are writing legislation on Driving while texting.

What are your thoughts on texting while driving?  Should it be illegal?  What is better a fine or points on a license? The answer remains with concerned citizens. Do you want your loved one killed or injured by a driver that is texting?  If not, find out if your local city or state has a ban on DWT - Driving While Texting. If not, contact your local lawmaker and suggest this legislation. Share what other cities are doing such as: Washington,  Phoenix, and New Hampshire. Make a difference and let your voice be heard in the fight to end DWT accidents.

Click here to read more from the Insurance Journal

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Rollover Accidents account for only 2% of all accidents, but account for 33% of all Traffic Deaths according to the National Highway Transportation Safety Commission.

The following is a breakdown of Rollover fatalities by motor vehicle type:

61% of SUV occupant fatalities occur in rollover crashes.

45% of Pickup Truck occupant  fatalities occur in rollover crashes.

33% of Van occupant fatalities occur in rollover crashes.

23% of Passenger Car occupant fatalities occur in rollover crashes.

30% of all motor vehicle occupant fatalities in Florida involve rollover crashes.

Click here to read more on Rollover Accident statistics from the National Highway Safety Administration.

Click here to read more on Analysis of Motor Vehicle Rollover Crashes and Injury Outcomes from the National Highway Safety Administration.

 

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Yesterday, Florida's no-fault insurance law, PIP, passed phase I in a special legislative session that ends next Friday. The talks continue today as to whether or not revive the mandatory Personal Injury Protection automobile coverage for Florida drivers.

The House Insurance committee endorsed reviving PIP with the implementation of anti-fraud measures. The anti-fraud measures suggested Cap payouts to medical-care providers to a fee schedule and limits the providers to specific doctors and health clinics.

The Bill has an uphill battle in the Senate, where it has a 50-50 chance of passing according to Ellyn Bogandoff, (R) Ft. Lauderdale.

All eyes are on Tallahassee during this Special budget cutting session, which is scheduled to end next Friday. Our valiant Governor Charlie Crist, has made restoring PIP law a priority in this session.

Let's hope our Legislators come to an agreement that works best for the public and clamps down on fraud.

Click here to read more on the PIP debate from the Business Review, Sun Sentinel, Palm Beach Post

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It is sad that a 69 year old driver lost her life in a tragic car accident. According to witnesses, the roads were slippery and wet, the driver was speeding and lost control.  Although, this car accident happened in Massachusetts, it could happen anywhere. Drivers must take precautions when roadways are wet and slippery. And must always wear seat belts, they can help save lives.

A few weeks ago in West Palm Beach, we were experiencing heavy rainstorms. As I was driving home late at night, I noticed cars lined up on the side of the road. They were trying to wait out the rain.  Others such as myself, continued with blinkers on at a snails pace, trying to drive safe on the wet roadways in the pouring rain.  I counted 3  or 4 accidents on I-95 in West Palm Beach that night.  Unexpectedly, I came upon one involving three cars on the far left lane on I-95 and a large 18 wheeler. I thought, wow, those poor individuals involved in an accident in this downpour. I suddenly came up to a large bumper or front end that was knocked off a F150 like truck. There was nothing that I could do, but stop immediately. Otherwise, I would be in a wreck myself. The left lane was full of water, so I had to stay in the center lane. I could see the traffic fastly approaching me in my rear view mirror. I honked my horn, sat silently in the car and closed my eyes. I knew for sure that the speeding cars in my rear view mirror were going to hit me. I closed my eyes and hoped for the best. After a few minutes, a gentleman out of nowhere, knocked on my driver side window, held up the front end or bumper of a F150 like truck and signaled me to go. I looked in the rear view mirror and there was another man standing in the pouring rain, with his hand signaling for the cars behind me to stop. These two good Samaritans saved my life and prevented another car accident in West Palm Beach from happening.  I am thankful for their random act of kindness.

I share this story, because some car accidents can be prevented. If we all take extra caution on the road and be vigilant, even for the erratic drivers, we can help make the roadways safe. Wearing seat belts is another life saving measure.

In the event, you are involved in car accident, you may want to contact a Personal Injury attorney to discuss your legal rights.  If you are involved in a car accident in West Palm Beach and have serious injuries, contact the West Palm Beach Personal Injury Attorneys of LaBovick & LaBovick. The law firm has experience in handling all types of auto accidents and can inform you of your rights as an accident victim. The consultation is free.

The Law Firm, LaBovick & LaBovick, Civil Justice Prosecutors, is a Plaintiff’s firm. The firm focuses on fighting for Plaintiff’s personal injury victim’s rights in Florida and on qui tam (whistleblower claims) nationwide.  We handle all serious injuries, car accidents, maritime accidents, wrongful death, slip & fall, toxic torts and product liability cases. We have locations in Boynton Beach, West Palm Beach, Jupiter and Port St. Lucie, Florida. Visit our firm website at www.LaBovick.com for more injury information

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Lack of sleep can create dangers for drivers, especially teen drivers. It is estimated that teens need approximately 9 hours of sleep, whereas the average adult needs 7 - 8 hours of sleep. Sleep deprivation can create dangers on the road that can affect coordination, reaction time, and judgment. A study comparing sleep deprivation and alcohol concluded that "people who drive after being awake for 17 to 19 hours preformed worse than those with a blood alcohol level of .05 percent. The legal blood alcohol limit in most U.S. states are  .1 percent and a few at .08 percent. Sleep deprivation can be as harmful as drunk driving. Click Here to read the AAA study on drowsy driving and traffic safety.

Recently in South Florida three teens from UM were involved in a car crash with a flip over. Thankfully no one died, but one was injured.  Two of them were top recruits for the University of Miami Hurricanes Football program. According to the Palm Beach Post, the driver Jermaine McKenzie, was charged with careless driving after falling asleep at the wheel. These teens have a lot to be thankful for, they were wearing their seat belts. Their car was totaled and flipped over several times after finally landing on the top.

As a Law Firm that handles Personal Injury Car Accident cases in Florida, LaBovick & LaBovick has handled car accident cases involving teen drivers. In some instances, innocent car accident victims have lost lives or been severely injured as a result of a teen driver.

What can we do to prevent this from happening to other innocent Accident victims? Share information on Teen Driving. Promote Teen Driving Safety programs and help the public become more aware. This is not to penalize young people, but rather, help create awareness and continue the dialogue that Teen Driving Accidents can be cut down if we take the time to care and promote safety.

The National Safety Council offers an Arrive Alive at 25 program for young drivers. Corporations such as Allstate, State Farm and Toyota all have a teen safe driving educational program. We can all make a difference if we take the time to share important safety messages to teens, without sounding judgmental. If you want more information on teen driving and safety Click Here,  provide us with your contact information and we will send the information.

Interesting National Teen Driving Statistics for 2005 from the Rocky Mountain Insurance Information Association:

• Motor vehicle crashes are the leading cause of death for teenagers.
• 3,467 drivers age 15-20 died in car crashes in 2005.
• Drivers age 15-20 accounted for 12.6 percent of all the drivers involved in fatal crashes and 16 percent of all the drivers involved in police-reported crashes in 2005.
• Graduated drivers license programs appear to be making a difference. Fatal crashes involving 15- to 20-year olds in 2005 were down 6.5 percent from 7,979 in 1995, to the lowest level in ten years.
• The National Highway Traffic Safety Administration (NHTSA) estimates the economic impact of auto accidents involving 15-20 year old drivers is over $40 billion.
• According to a 2005 survey of 1,000 people ages 15 and 17, conducted by the Allstate Foundation: 
•  More than half (56 percent) of young drivers use cell phones while driving,
•  69 percent said that they speed to keep up with traffic
•  64 percent said they speed to go through a yellow light.
•  47 percent said that passengers sometimes distract them.
•  Nearly half said they believed that most crashes involving teens result from drunk driving.
• 23 percent of teen drivers killed in 2005 were intoxicated, according to NHTSA.
• Statistics show that 16 and 17-yr-old driver death rates increase with each additional passenger.

The Law Firm, LaBovick & LaBovick, Civil Justice Prosecutors, is a Plaintiff’s firm. The firm focuses on fighting for Plaintiff’s personal injury victim’s rights in Florida and on qui tam (whistleblower claims) nationwide.  We handle all serious injuries, car accidents, maritime accidents, wrongful death, slip & fall, toxic torts and product liability cases. We have locations in Boynton Beach, West Palm Beach, Jupiter and Port St. Lucie, Florida. Visit our firm website at www.LaBovick.com
for more injury information.

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The Supreme Court of Kentucky ruled in Steele v. Jason Congleton, that an auto accident victim is not entitled to damages for pre-impact fear.  This was a wrongful death accident involving Melissa Congleton and a tractor trailer being driven for Steele Technologies.  On the day of the accident, the tractor trailer was hauling 37,000 pounds of coil. An unidentified car stopped in front of the tractor trailer, causing it to slam on brakes.  Immediately, it lost control and the steel coil broke loose, causing it to fall head on into the pick up truck being driven by the accident victim, Melissa Congleton. Unfortunately, Melissa died instantly on the scene from the impact.

Click here to read the Supreme Court decision in the Steele v Jason Congleton case.

The Law Firm, LaBovick & LaBovick, PA., Civil Justice Prosecutors, is a Plaintiff’s firm. The firm focuses on fighting for Plaintiff’s personal injury victim’s rights in Florida and on qui tam (whistleblower claims) nationwide.  We handle all serious injuries, car accidents, maritime accidents, wrongful death, slip & fall, toxic torts and product liability cases. We have locations in Boynton Beach, West Palm Beach, Jupiter and Port St. Lucie, Florida. Visit our firm website at www.LaBovick.com for more injury information.

 

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A toddler seriously injured in a car accident can sue his parents for improperly installing and maintaining his car seat, according to the the Minnesota Supreme Court. The favorable ruling forces the family's auto insurance company to pay $100,000. The insurance company agreed to pay the claim if the Supreme Court ruled in Teddy's favor

Teddy Harrison, now age 9, was 3 years old when flew from his mother's SUV during the car accident. He suffered a serious brain injury that left him permanently disabled. They sued the car seat manufacturer, Century Products Co., alleging that the seat was defective because even with a coin lodged in the buckle, it clicked and appeared locked. 

Century Products argued the boy's parents were partially to blame for failing to properly maintain and install the seat. In good faith, a confidential confidential settlement was reached with the car-seat manufacturer. Afterwards, Teddy sued his parents - with their support - in an effort to collect from the family's auto insurance.

Click Here to read more about this in the Twin Cities Pioneer Press.

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Trial Attorney Andre P. Gauthier thought he was having a bad day in court when the Jury came back with a verdict  in less than three days. To his surprise, the Jury sided with his client, a 23-year old Louisiana car accident victim and awarded $1.175 Million in compensatory damages for a minor car accident.

This verdict is not the norm, especially when a car accident victim has a prior lower-back injury from a previous car accident. The client had no visible injuries and received doctor reports citing minimal disc bulges. Despite the defense showing evidence that the victim did not miss any days from work, played softball and went out dancing the Plaintiff Attorney, Andre P.Gauthier still received a great verdict for his client.  It is a good thing that he turned down the earlier settlement of $150,000.

Click Here to read more of this settlement from Lawyers USA Verdict Reporter.

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