Some facts of a Traumatic Brain Injury (TBI):

• A person does not need to be “knocked out” or unconscious to have sustained a TBI.
• The ability to walk and talk at the scene of an accident does not rule out the possibility of a TBI.
• The ability to drive home after an accident does not rule out the possibility of a TBI.
• The fact a person is not diagnosed with a brain injury in the hospital, does not rule out the possibility of a TBI.
• The fact there are normal neurological examinations, normal CT scans, X-rays or MRI’s, does not rule out the possibility of a TBI.

The main leading signs or symptoms of a Traumatic Brain Injury are: Headaches; memory problems; concentration and attention problems; personality change; difficulty organizing tasks; fatigue; inability to fall asleep or remain asleep; balance and stability problems; irritability, anger, frustration; speech and communication problems with the inability to find the right words to express yourself; depression.

If you observe any of the above noted signs or symptoms in a friend or loved one, it’s possible they are suffering from a Traumatic Brain Injury. It is important they seek immediate medical attention to correctly diagnosis if it is a Traumatic Brain Injury, and to get proper medical care and treatment..

How can Toyota have actual knowledge of their cars sticky accelerators, give wrong information to the United States National Highway Traffic Safety Administration, and NOT face criminal penalty?

Presently there is a Federal Grand Jury proceeding in New York, which is investigating the “timeliness of Toyota’s reporting of its sudden-acceleration complaints and fixes.” I am betting that the United States Attorney will open an investigation soon for criminal penalties against the company.  Many innocent victims have died because Toyota hid the truth about safety issues.

Human lives are not to be counted on an actuarial chart and compared to the financial impact on a company before making a known defect public.  When you are producing a dangerous product and putting it in the stream of commerce, you must correct know defects; otherwise, you are acting with reckless abandon in harming human life.

The very definition of manslaughter is the unlawful killing of a human being without premeditation or intent through gross negligence.  The difference between this and actual murder is that murder requires actual malicious intent.  Former Toytota counsel Dimitrios Biller said that Toyota had systematically disregarded the law.  He said to CNN that the material he had reviewed was “very, very disturbing.”  Toyota continues to fight the litigation requests to review their most important documents.  They are also not permitting their old lawyer to say what he knows. 

Hopefully, the public will not feel bad for Toyota because tough minded trial attorneys want to hold Toyota accountable for their reckless conduct.

 

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

Driver renewals and restrictions vary by State for drivers. In Florida, drivers must  renew every 6 years with clean driving record; otherwise it is 4 years. Senior drivers age 80 years and older  must pass a vision test; only two successive renewals may be made electronically or by mail, regardless of age.

The Personal Injury lawyers in our firm frequently work with clients that have lost loved ones in motor vehicle accidents involving senior drivers and teen drivers. The loss to the loved ones is always devastating, when the crash could have been avoided. We encourage drivers to drive responsibly and to ask themselves honestly if they are equipped to get behind the wheel of a car. If the driver is older or needs transportation and feel that their reflexes are not as sharp as they should be, there are programs and organizations that will assist them with transportation. In Florida. The AAA Foundation for Traffic Safety Senior Driver has a great website, Seniors.org, that gives Seniors supportive information on Driving safely and transportation options.  The AAA Foundation also produces a great Brochure on Helping the Older Driver that can be shared with the family members and the Senior Driver.

In an effort to keep the highways safe, we hope that drivers of all ages act responsibly and make the proper judgment of whether or not they should be behind the wheel of a motor vehicle.



Click on the following links to read more on fatalities and traffic accidents involving Older  drivers
Fatality facts for Older Drivers
Older, dangerous drivers a growing problem
How aging affects the ability to drive
  

Click on the following link to see how  Renewals and restrictions vary across the United States
 

• Alaska 5 years Those 69 and older must appear in person to renew license
• Arizona None until age 65 Drivers 65 and older must renew every 5 years; 70 and older must renew in person and have a vision test within 3 months.
• California 5 years Those 70 and older must renew in person.
• Colorado 10 years Drivers 61 and older must renew every 5 years, in person.
• District of Columbia 5 years Those 70 and older must pass a vision test, provide a doctor's statement that they are fit to drive, and may be required to pass a reaction time test. Drivers 75 and older may be required to pass written and road tests.
• Florida 6 years with clean record; 4 years otherwise Those 80 and older must pass a vision test; only two successive renewals may be made electronically or by mail, regardless of age.
• Georgia Drivers choose 5 or 10 years; veterans' licenses valid until age 65 Those 64 and older must renew in person and take a vision test.
• Hawaii 6 years Those 72 and older must renewevery 2 years.
• Idaho 4 or 8 years Drivers 21-62 may renew every 4 or 8 years; those 63 and older must
• renew every 4 years.
• Illinois 4 years Drivers 80-86 must renew every 2 years; 87 and older, every year; 75 and older must pass a road test.
• Indiana 6 years Those over 75 must renew every 3 years; after 85, every 2 years.
• Iowa 5 years Drivers 70 and older renew every 2 years; all must pass a vision test.
• Kansas 6 years Drivers 65 and older must renew every 4 years.
• Connecticut 6 years Optional renewal for a 2-year license at age 65 and older.
• Louisiana 4 years Those 70 and older must renew in person; a vision test is given.
• Maine 6 years Those 65 and older must renew every 4 years. A vision test is required for those older than 40, and then with every other renewal until age 62. After 62, a vision test is required at each renewal.
• Maryland 5 years Drivers 40 and older must pass a vision test. Applicants for an initial license age 70 or older must provide proof of previous satisfactory operation of a vehicle or doctor's certificate of fitness.
• Missouri 6 years Those 70 and older, or 21 and younger, must renew every 3 years.
• Montana 8 years, or every 4 years if renewing by mail Drivers 75 and older have to renew every 4 years; only two consecutive renewals may be made electronically or by mail, regardless of age.
• Nebraska 5 years Vision test required for all drivers with each renewal.
• Nevada 4 years Drivers must renew in person every 8 years; applicants for mail renewal who are 70 and older must include a medical report.
• New Hampshire 5 years Those 75 and older must pass a road test with each renewal. All drivers must pass a vision test with each renewal.
• North Carolina 8 years Drivers 54 and older have to renew every 5 years.
• North Dakota 4 years Vision test required for all drivers with each renewal.
• Ohio 4 years Vision test required for all drivers with each renewal.
• Oklahoma 4 years None that is safety-related; vision test is required only at a doctor's discretion. License fee reduced for drivers 62-64 and waived for drivers 65 and older.
• Oregon 8 years Those 50 and over must pass a vision test every eight years.
• Pennsylvania 4 years None; at 65, drivers have the option of renewing every 2 years at a reduced fee.
• Rhode Island 5 years Drivers 70 and older must renew every 2 years.
• South Carolina 10 years Those 65 and older have to renew every five years and take a vision test. Beginning Oct. 1, 2008, every license holder will have to take a vision test every 5 years.
• Utah 5 years Vision test required for drivers 65 and older.
• Virginia 5 years Vision test required for drivers 80 and older.
   

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

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

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

Brain Injuries in Florida by sex of the Patients
2009                              2008
2046 Male                           2240 Male
695   Women                     788   Women

Brain Injuries in Florida by Age of the Patients by largest percentages
2009                               2008
56 - 80+ - 25%                   56 - 80+ -   24%       
0 - 18 - 16.7%                     0 - 18   -    13.5%
21 - 25 - 11.3%                   21 - 25  -   1 2.3&

Brain Injuries in Florida due to Traffic Related Accidents 
2009                     2008 
1639 (60%)                  1877 (62%)                  

Brain Injuries in Florida due to Falls
2009                        2008
587 (21%)                          594 (19%)

Brain Injuries due to Violence
2009                     2008
296  (11%)                   365 (12%)

Brain Injuries in Florida due to Sports
2009                        2008
48 (2%)                        52 (2%)     

Brain Injuries in Florida classified as other, such as Falling Objects, Heavy Equipment, Medical Complication or Other
2009                      2008
170 (6%)                       162 (5%) 

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

According to the FDA’s warning letter on Yaz,  the sponsored links were:

“Misleading because they make representations and/or suggestions about the efficacy of YAZ [and other drugs made or marketed by Bayer], but fail to communicate any risk information associated with the use of these drugs.”

The letter went on to state that the sponsored links for YAZ did not adequately communicate Yaz side effects, and failed to use the required established name of the drug. Because of the aforementioned reasons, the FDA found Bayer’s Internet marketing of YAZ to be in violation of the Federal Food, Drug, and Cosmetic Act in addition to FDA regulations.

It is important to note that the risk information associated with using YAZ excluded by Bayer in the sponsored links includes the possibility of:

• Blood Clots
• Deep Vein Thrombosis
• Hypertension
• Gallbladder Disease
• Stroke
• Heart Attack
• Other Ailments

The FDA’s warning letter stated that Bayer’s omission of YAZ’s risk information is “particularly concerning” because the oral contraceptive has a Boxed Warning. According to the FDA:

“Drugs that have special problems, particularly ones that may lead to death or serious injury, may have this warning information displayed within a box in the prescribing information. This is often referred to as a ‘boxed’ or ‘black box’ warning.”

This warning from the FDA is just another troubling example of Bayer’s failure to communicate the risks associated with using YAZ. In addition to this warning, the FDA has found other facets of Bayer’s marketing campaign involving YAZ to be misleading, including several broadcast television advertisements released in 2008.

Because the makers of YAZ have repeatedly failed to communicate the risks associated with the oral contraceptive, you may be entitled to file a civil claim. As a YAZ-induced injury victim, you may be able to receive compensation for your medical costs, loss of wages, and more. If you have suffered any serious injuries as a result of taking Yaz, you may want to contact an experienced personal injury attorney to discuss your specific matter.

An Ohio Lottery spokesperson indicated that McDonald won approximately $8,000 in the lottery’s TV game show “Cash Explosion Double Play” on January 12. 
 

Joe Wentworth, a patrol sergeant with area police, said investigators are looking into whether or not alcohol played a factor in the death. However, he indicated that police officials do not think the driver of the car who struck and killed McDonald was drinking.

According to the National Highway Traffic Safety Administration (NHTSA), 4,378 pedestrians were killed in traffic crashes in the United States in 2008. The NHTSA also indicates that a pedestrian-related traffic fatality occurs every two (2) hours, and a pedestrian is injured every 8 minutes in a traffic crash.

McDonald’s home state of Ohio reported 98 pedestrian fatalities in 2008, or roughly 8.2 percent of the nation’s total amount. These grim statistics remind us of the possibility of personal injury or even death resulting from motor vehicle accidents involving pedestrians. 

The NHTSA reminds pedestrians and drivers alike to be safe and courteous, and to yield the right-of-way to pedestrians when required by law.

 Click on the following link to read the 2008 Traffic Safety Facts Data Sheet by the NHTSA.. :

Yesterday, in West Palm Beach Florida, a driver of a Honda plowed into a Minivan, carrying a family of four. Due to being struck, the Minivan, crashed into another another car, with two passengers. According to a  WPBF - ABC - Report, a baby in the Minivan was thrown from the car into the street. The first question in everyone's mind is: Is the baby going to be okay and how was the baby restrained in the car? All of the passengers were taken to the hospital and were in stable condition, with the exception of the baby, who was last reported to be in critical condition. 

The driver of the Honda, reportedly ran and collapsed down the street.  The police are investigating whether or not alcohol was involved.

This leads to the message behind this post: It is against the law to leave the scene of an accident. According to Florida Statute 316.027 Crash involving death or personal injuries.--

(1)(a) The driver of any vehicle involved in a crash occurring on public or private property that results in injury of any person must immediately stop the vehicle at the scene of the crash, or as close thereto as possible, and must remain at the scene of the crash until he or she has fulfilled the requirements of s. 316.062. Any person who willfully violates this paragraph commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(b) The driver of any vehicle involved in a crash occurring on public or private property that results in the death of any person must immediately stop the vehicle at the scene of the crash, or as close thereto as possible, and must remain at the scene of the crash until he or she has fulfilled the requirements of s. 316.062. Any person who willfully violates this paragraph commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. Any person who willfully violates this paragraph while driving under the influence as set forth in s. 316.193(1) shall be sentenced to a mandatory minimum term of imprisonment of 2 years.

On a positive note, data released last year for 2008 Florida traffic accident data show a positive trend on Florida's highways in the area of crashes and fatalities in Florida.

• Traffic-related fatalities on Florida roadways decreased between in 2008 from 2007. The number of fatalities in 2008 were 2,983 and 3,221 in 2007.
• Traffic related accidents and crashes on Florida roadways decreased in 2008 from 2007. The numbers for 2008 were 243,342 accidents and the numbers for 2007 were 256,206 accidents.
• Traffic related accidents and crashes on Florida roadways involving alcohol decreased in 2008 from 2007. The numbers were 1,169 for 2008 and 1,244 for 2007.

Everyone understands that a car accident is never a fun experience for any party involved. However, it does not give the person at fault the right to run from their responsibilities. Bloggers for the Jacksonville law blawg:ForYourprotection.com, gave an excellent summary in a post regarding a  DUI Florida Hit and Run accident that resulted in the death of a passenger, when they wrote the following:

"If you are involved in an auto wreck and you have been drinking, the absolute worst thing you can do is leave the scene. You will be caught and convicted, not to mention the moral duty you have to the person you have just injured. Stay and render aid and be helpful and figure your actions have finally caught up with you."

Lastly, if you are involved in a car accident,  Stop, take a deep breath, and proceed to take the appropriate actions. It will all work out much better if you stay and address the situation instead of trying to avoid it.  Strangely enough this holds true for many things.

Let's continue to make Florida's roadways safer by driving with care and following traffic laws.

The 47-year-old Crystal Rock, Ohio resident had reportedly spent some of the $5,520 check on wedding rings for herself and her husband shortly after receiving the winnings. Items the couple had been previously unable to afford. She had also treated her husband and some friends to dinner before heading to the bar to celebrate.
 

An Ohio Lottery spokesperson indicated that McDonald won approximately $8,000 in the lottery’s TV game show “Cash Explosion Double Play” on January 12.
 

Joe Wentworth, a patrol sergeant with area police, said investigators are looking into whether or not alcohol played a factor in the death. However, he indicated that police officials do not think the driver of the car who struck and killed McDonald was drinking.

According to the National Highway Traffic Safety Administration (NHTSA), 4,378 pedestrians were killed in traffic crashes in the United States in 2008. The NHTSA also indicates that a pedestrian-related traffic fatality occurs every two (2) hours, and a pedestrian is injured every 8 minutes in a traffic crash.

McDonald’s home state of Ohio reported 98 pedestrian fatalities in 2008, or roughly 8.2 percent of the nation’s total amount. These grim statistics remind us of the possibility of personal injury or even death resulting from motor vehicle accidents involving pedestrians.

The number of deaths involving pedestrians in Florida decreased, however, the number of injured pedestrians injured and pedesrtians in crashes saw an increase over 2007.

2008 Florida Pedestrian statistics from the NHTSA related to car accidents:

Pedestrians Killed 502

Pedestrians Injured 7,878

Pedestrian Crashes 8,471

2007 Florida Pedestrian statistics

Pedestrians Killed 530

Pedestrians Injured 7,529

Pedestrian Crashes 8,139

The NHTSA reminds pedestrians and drivers alike to be safe and courteous, and to yield the right-of-way to pedestrians when required by law.

Click the following link to read the 2008 NHTSA Traffic Data Fact Sheet

Click on the following link to read more on the story from the Miami Herald Associated Press article, Ohio lottery winner received check on the day she died.

Commercial Drivers, including truckers and bus drivers, beware, texting while driving is now illegal, according to a new Federal ban.  If you need to send a message while driving, pull over safely and send or read your text, if not, you can face serious charges and fines up to $2750.

Ray LaHood, Secretary of the U.S. Department of Transportation (DOT), announced a Federal ban on texting for the drivers of large commercial vehicles on Tuesday, Jan. 26. Effective immediately, this ban prohibits the operators of vehicles regulated by Federal law, including tractor-trailers and large commercial buses, from sending and/or receiving text messages while driving. The texting ban is a step in the DOT’s comprehensive plan to combat the dangers of distracted driving.

According to the Federal Motor Carrier Safety Administration (FMCSA), on average, drivers who send and receive messages are distracted 4.6 out of every 6 seconds while texting. This means that operators, travelling at 55 miles per hour, will drive the full length of a football field without looking up from their phone. In fact, drivers distracted by texting are more than 20 times likely to be involved in a crash than non-distracted drivers.

This is such a critical issue that Nineteen states and the District of Columbia already ban texting-while-driving any vehicle.

Violations of this new Federal ban subjects commercial vehicle drivers to civil and/or criminal penalties of up to $2,750. This ban stems from the Distracted Driving Summit held in September 2009 in Washington, D.C. In addition to text ban, the DOT and other government agencies are reported to be working on further regulatory measures to decrease distracted driving.

“We want the drivers of big rigs and buses and those who share the roads with them to be safe,” Secretary LaHood said. “This is an important safety step and we will be taking more to eliminate the threat of distracted driving.”

To learn more about the texting while driving ban for large commercial vehicles click on the following links: The National Highway Safety Administration site on Distracted Driving,  Department of Transportation, Reuters, Automotive Fleet and American Automobile Association (AAA)

Attention all readers, this is a very important blog post. If you are a Toyota driver or know someone that is, please read and share this important information. It could help save your life or the life of a loved one.

The Toyota Motor Corp. has announced that it will recall 3.8 million vehicles in the United States, to address problems with a removable floor mat that could cause accelerators to get stuck and lead to a crash. The recall affects Toyota models from 2004 – 2010. Specific models affected include 2007-2010 Toyota Camry, 2005-2010 Toyota Avalon, 2004-2009 Toyota Prius, 2005-2010 Tacoma, 2007-2010 Toyota Tundra, 2007-2010 Lexus ES350 and 2006-2010 Lexus IS250 and IS350.

Toyota is working with National Highway Traffic Safety Administration to find a solution to the problem. In the meantime, drivers of the named vehicles should immediately remove the mat from the driver’ side and not replace it, until further notified.

According to a Toyota spokesperson in published reports "A stuck open accelerator pedal may result in very high vehicle speeds and make it difficult to stop a vehicle, which could cause a crash, serious injury or death.

There have been reportedly 102 incidents where the accelerator may have become stuck on the Toyota vehicles involved, according to the NHTSA. However, it is unclear how many have led to crashes.

Transportation Secretary Ray LaHood issued the following statement “For everyone's sake, we strongly urge owners of these vehicles to remove mats or other obstacles that could lead to unintended acceleration."

Toyota has warned owners that if they think their vehicle is accelerating out of control, they should check to see whether their floor mat is under the pedal. If a driver can't remove the floor mat, Toyota advises drivers to step on the brake pedal with both feet until the vehicle slows and then try to put it into neutral and switch the ignition to accessory power.

Unfortunately, this recall comes too late for California Highway Patrol Officer Mark Saylor. In August, Officer Saylor and three others were killed in a  fatal car accident involving the crash of a 2009 Lexus ES 350 and a Sport Utility Vehicle. Reportedly, one of the family members called the police minutes before the crash to report the accelerator was stuck and that the car had no brakes. The Officer’s car hit the SUV, rolled several times and burst into flames. Reports from the NHTSA investigators determined that a rubber all-weather floor mat found in the wreckage was slightly longer than the mat that belonged in the vehicle, something that could have snared or covered the accelerator pedal.

This morning, I removed the driver’s side mat from my Toyota Camry and recommend that all Toyota owners of the above mentioned vehicles do the same. If you have questions or want more information, please contact, the National Highway Traffic Safety Administration's hotline at (888) 327-4236, Toyota at (800) 331-4331 or Lexus at (800) 255-3987.

To read more information on the Toyota recall of 3.8 million vehicles due to a driver's floor mat interference with the accelerator pedal, view the following: Toyota Pressroom, Forbes - Runaway Toyota Recall, Fox News and Associated Press.

Driver distraction caused the deaths of nearly 6,000 people and the injuries of 500,000 people last year according to new government reports on auto safety. There is a correlation of using mobile devices while driving. This includes texting while driving and talking on the cell.

Transportation officials recently released a report that showed driver distraction being involved in 16 percent of all fatal crashes in 2008. The Transportation report shows that 515,000 people were injured and 5,870 people were killed last year, with driver distraction being involved in the accident.

The Transportation Secretary Ray LaHood, government officials, safety advocates, researchers and lawmakers are coming together this week to discuss ways of setting new restrictions on texting and using devices while driving.  Young adults involved car accidents where they were texting while driving are also involved in the safety discussions. New data supports that 16 percent of all under-20 drivers involved in fatal car accidents were distracted while driving.

Every day, people text and drive, even in places where it's outlawed. According to Secretary LaHood "We feel a very strong obligation to point to incidents where people have been killed or where serious injury has occurred.”

Earlier this year, the Virginia Tech Transportation Institute found that collision risks were 23 times greater when drivers of heavy trucks texted while driving.  Dialing a cell phone and using or reaching for an electronic device increased risk of collision about six times in cars and trucks. The popular magazine Car and Driver released a report that showed texting and driving to be more dangerous than driving while intoxicated. This report obviously has caused a lot of controversy and discussions among safety advocates.

Some groups want tough laws on the distractions and are asking for restrictions on talking and texting by drivers of tractor trailers, motor coaches and large vans.

Automobile Manufacturers and the Governors Highway Safety Association are on the same page in support of restrictions for texting while driving.  Surprisingly, 11 automakers have come together on a united front with the Alliance for Automobile Manufacturers to support this important issue of auto safety and the use of handheld devices.

The Cellular Telephone Industry Association (CTIA) believes that education and enforcement are critical to changing the behavior of drivers. A series of public Service Announcements warning teen drivers of the dangers on distracted driving will be paid for by the National Safety Council and CTIA in an effort to promote safe driving.

We encourage all of our readers to exercise caution and to use judgment when driving and using a cell phone. Texting while driving is dangerous and increases your risk of an accident.

To read more on efforts to enhance driver safety, visit the following: CTIA and National Safety Council, Distracted Driving Summit, Driver distractions and safety efforts, ABC News Report on How do you stop Texting while Driving

Patients with advanced kidney failure who cannot excrete the chelated form of gadolinium fast enough, nephrogenic systemic fibrosis (NSF) may result. An additional risk factor is acidosis, elevated acid levels in body fluids, a condition often found in end-stage renal patients.

Patients who undergo angioscopic diagnostic procedures may be exposed to up to three times the usual amount of gadolinium. Cardiac patients often have renal insufficiencies due to prolonged elevations in blood pressure. Those most at risk of developing gadolinium NSF are those who have acute or chronic renal insufficiency, often part of the pre-operative stages of a liver transplant.

First noticed in 1997, gadolinium NSF is characterized by a thickening and hardening of skin and connective tissues. Thickened and inflexible skin can interfere with the range of movement in extremities, sometimes resulting in an inability to walk. Internal organs and connective tissue can be seriously damaged, impinging on the function of organs or restricting the movement of areas like the diaphragm, key in the breathing mechanism. Damage may begin appearing within two days to 18 months. Extensive organ damage may result in death.

The first strong association between the use of GBCA and NSF was described in a Danish Medicines Agency press release in May 2006.

In 2007, Yale University’s Dr. Phillip Kuo, MD, PhD, a world-renowned expert on NSF, and his colleagues began recommending hemodialysis of kidney patients with a few hours of undergoing a gadolinium-assisted MRI procedure. Kuo recommended at least two sessions of hemodialysis with the first 24 hours of this particular diagnostic test. In subsequent reports, a renal transplant was shown to arrest or even partially reverse the ravages of NSF.

In order to alert physicians to the hazards associated with gadolinium, the U.S. Food and Drug Administration began asking manufacturers in 2009 to include warnings on their gadolinium-based product labels.

Common types of Product Defects include:

"Marketing Defects," such as missing or inadequate warnings and/or instructions, which may prevent the consumer from knowing how to safely use the product. A good current example of this is the Birth Control Pill YAZ or Yasmin.

• "Design Defects," where the product is manufactured exactly as intended, but the product itself is deemed unreasonably dangerous when used as intended or in a foreseeable manner. A good example of this is the Ford Pinto from the 70's. 

• "Manufacturing Defects," when a particular version of a product is defective and does not conform to the manufacturer's design due to some error in the manufacturing process.

Negligence is an area that looks at several scenarios including the following: 
• Exercise of reasonable care in making sure the product would not cause injury if used properly. ;
• Design, Marketing, and/or Manufacturing that attributed to the defect of the product; and
• Direct and proximate cause of the defect/breach of duty,that injured the claimant.

A Strict Liability claim involves asking the claimant Is show that the product was unreasonably dangerous for its intended use. Also, it is usually required to show that  the defect existed at the time the product left the control of the defendant against whom liability is sought, which caused the  injury.

Damages are seen as an effective measure to force a manufacturers to make safe products in the beginning. In most instances, an injured party is entitled to recover damages for the lass suffered due to the injury caused by the defective product. Sometimes, a victim may be able to receive punitive damages to discourage the guilty party from doing something like this in the future.  

Click on the following links to learn more on defective products, defective drugs  and products liability.

While a weak economy, staggering gas prices, and high unemployment rates across the country may seem to have only negative connotations, there may be some positives that arise out of these dire situations. With people choosing “staycations” over vacations, workers choosing to carpool to the office rather than drive solo, and people more frequently utilizing public transportation, Americans may be driving fewer miles than in years past. With the overall number of vehicle miles traveled on the decline, some of the serious problems gripping the nation could be just a few of the reasons that passenger car fatalities have dropped for the sixth straight year while small truck fatalities have dropped for the third straight year. This helps to account for fewer overall deaths on the country’s roadways than in years past.

The U.S. Department of Transportation reports that in 2008 the country experienced the lowest number of traffic related fatalities since 1961. This trend continued into 2009 as the reported number of motor vehicle related deaths during January, February and March of 2009 decreased from the previous year. These decreases may also be linked to stricter seatbelt enforcement, safer roads, and a reduction in the number of impaired drivers on the roads as well as the economy. Unfortunately, the number of motorcycle related traffic fatalities has been on the rise.

In 2008, of the 2,978 traffic fatalities reported in Florida, 1,727 of these fatalities were the result of auto accidents.  Passenger car accident deaths accounted for 1,727 auto accident fatalities or  33 percent  of total traffic fatalities.  Other types of auto accidents include truck accidents, vans, and buses. These various types of auto accidents and car accidents account for 60 percent of all traffic related fatalities in Florida. Motorcycle Accidents, pedestrian accidents, bicycle accidents help  make up the remaining 40 percent of traffic related deaths.

Statistics for the years 2004-2008 for the state of Florida indicate that the state’s number of traffic fatalities is higher than those reported nationally. For example, in 2008 there were approximately 6 fatalities per 100,000 people in Florida, and in the U.S. there were approximately 12 fatalities per 100,000 people. Furthermore, Florida usually reports a higher number of vehicle miles traveled during the year than the nation as a whole. This could be one contributing factor that could account for Florida’s higher traffic fatality rates.

Read the NHTSA Safety Facts June 2009 for more detailed information on Florida Traffic fatalities and US traffic Safety information for 2008.

Seatbelts Save Lives.... Click it or Ticket...  As of June 30, 2009, the Florida Seatbelt law is in full force. Since the Dori Slosberg and Katie Marchetti Safety Belt Law went in effect, the Florida Highway Patrol has written 16,168 in July. This is the first full month that enforcement has been in place.  This is quite a bit more than the 6,475 seatbelt violations issued in July 2008.