NOYES LEGAL NEWS

Woman With Beer Between Legs and 3-Year-Old in Backseat Drives the Wrong Way

Some car accidents are caused by simply careless and reckless drivers. An example of such a driver is the 26-year-old Clearwater woman who was driving her white Ford Mustang the wrong way down Florida Avenue N and weaving in and out of her lane, according to police and the Tampa Bay Times. When she was pulled over, she had an open beer can between her legs and a 3-year-old boy in the back seat. According to paper, she showed signs of impairment during a field sobriety test, police say, and refused to submit to a breath test. "I'm not doing sh--," she told police. This is her third arrest for driving under the influence and the third time she has refused to submit to a breath test, police say.

If this woman hit you or your family member, do you think that she would have adequate insurance coverage to protect you? I don't. That is why it is important that you check your policy for uninsured motorist coverage. If this woman or any person causes you or your family member injuries in a car accident, your uninsured or underinsured motorist coverage will protect you. Once your uninsured motorist coverage is paid, your insurance company will go after the uninsured motorist for monies they paid out on your behalf.

Check your car insurance policy today and make sure you are protecting your family with uninsured/underinsured motorist coverage. Get stacked coverage as well. This will provide further protection to you and your family.

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Personal Injury Attorney Matthew Noyes will help you fight for insurance benefits that you paid for after a car accident caused by an uninsured motorist or an underinsured motorist. After a car accident, don't talk with the insurance company who is only interested in protecting their rights; talk with someone who will protect your rights. Click here for a free case consultation with Personal Injury Attorney Matthew Noyes. His Clearwater personal injury law firm - Perenich, Caulfield, Avril & Noyes - has been caring for clients since 1955.

 

Listen to Attorney Matthew Noyes on Internet Radio

Recently, Attorney Matthew Noyes was a guest on LifeImprovementRadio.com talking about car accidents, motorcycle crashes, workers' compensation claims and other personal injury matters.  Click here to listen to the broadcast.

Herniated Disc Surgery - Is that the Answer?

What is the best treatment for a herniated disc? Do some people get better results from surgery for their herniated disc than others?

As reported on MedicalNewsToday.com, a recent study published in the January 15th issue of Spine concluded that three factors that were independently associated to improved treatment effect of surgery for a disc herniation: married patients, those without other joint problems (knee, hip, etc), as well as those whose back pain symptoms worsened at the time of treatment.

Apparently, it is better to be married if you are going to have surgery on your herniated disc. According to the study, married patients with worsening symptoms saw the greatest improvement from surgery--a 38-point improvement with surgery compared with a 20-point improvement with nonsurgical treatment. Although researchers are unsure why marital status affects response to disc herniation surgery, investigations have demonstrated improved outcomes for a wide variety of health problems among married patients.

For single patients with stable symptoms the treatment effect was approximately 8 points: 35 points with surgery in comparison with 27 points with nonsurgical treatment.

If you or a loved one is suffering from a disc herniation, you should consult with a doctor about your treatment options. The presence of a herniated disc alone does not warrant surgery, but pay close attention to the symptoms from the disc herniation. Ignoring these symptoms could result in irreversible damage.

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Personal Injury Attorney Matthew Noyes represents those who suffer disc herniations and other injuries from car accidents, motorcycle crashes, workers' compensation claims and other personal injury matters. His Clearwater law firm -- Perenich, Caulfield, Avril & Noyes -- has been caring for clients since 1955. Click here for a free case consultation with Attorney Matthew Noyes.

Working While Receiving Social Security Disability Benefits – Is it Possible?

Earning Social Security Disability benefits while working--it is often asked, “Can I work and still receive SSD benefits?” The answer to that question depends on multiple factors but once you understand the guidelines, the answer is quite clear.

To be eligible for Social Security Disability benefits, a person must be unable to engage in what is called substantial gainful activity or SGA because of a medically determinable physical or mental impairment. By Social Security’s definition, substantial gainful activity means work that (a) involves doing significant and productive physical or mental duties; and (b) is done (or intended) for pay or profit. Activities involving self-care, household tasks, unpaid training, hobbies, therapy, school attendance, clubs, social programs, etc., are not generally considered to be SGA.

The amount of monthly earnings considered as SGA for non-blind individuals for 2012 is $1,010.00 per month. In the case of a pending claim (disability application), you can work as long as your earnings do not exceed the earnings threshold for the SGA limit of $1,010.00 per month. If your gross monthly earnings exceed this amount, your claim will be denied because it is the Social Security Administration’s position that if you can make over $1,010.00 per month, you are not functionally limited enough to be considered disabled. The same applies to those who are already receiving Title II benefits or straight social security disability insurance; however, SSA also offers recipients the opportunity to try working for more money without necessarily giving up their benefits altogether.

The Social Security Administration has developed what is called a trial work period or TWP. The TWP allows you to test your ability to work for a full 9 months - those months do not need to be consecutive and can occur any time within a 36 month period. During your TWP, you will receive full SSDI benefits regardless of how high your earnings might be as long as you report your work activity and you have a disabling impairment. (Stay tuned for our next blog article regarding the TWP)
 
Now bear in mind that SSA manages two programs that provide benefits based on disability; SSDI (social security disability insurance) which is based on your earnings, and SSI (Supplemental Security Income) which is based on limited income and resources and not your work history. If you are receiving straight SSI benefits, what you receive in monthly benefits may be reduced by a certain amount based on how much you are earning. Therefore, if you are making close to the SGA amount of $1,010.00, your monthly benefit check will be significantly reduced. 

One of the most important things to remember when receiving or applying for social security disability benefits and attempting to work is to keep the social security office or your disability representative up to date on any work activity; whether it is substantial or not. Being surprised at the hearing is never good.

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If you need help with your Social Security Disability claim, contact Attorney Matthew Noyes. Attorney Matthew Noyes and his staff have been able to secure SSD benefits for those who have been denied. Click here to schedule a free case consultation.

 

 

Is the End Coming for 1-800-ASK-GARY and Other Lawyer Referral Services?

We have all seen the commercials and heard the radio spots-after a car accident, call 1-800-ASK GARY or call 411-PAIN from the accident scene. If some get their way, soon you may not see them any longer.

According to a report on TBO.com, the Florida Bar, Florida Chief Financial Officer Jeff Atwater, a state legislator from St. Petersburg are all taking aim at the 1-800-Ask-Gary hot line and similar lawyer and medical referral services.

A Florida Bar (the organization that governs lawyer conduct) committee is proposing new regulations to prevent abuses by lawyer referral services. For example, a new Bar regulation would ensure that accident victims initiate contact with lawyers. This recommendation and others will be presented to the Bar's governing board in the spring.

Florida CFO Atwater also wants to see changes. In November, he asked the Florida Bar to ban lawyer referral services. His letter to the Bar mentioned the "incestuous interactions" between lawyers and health care providers who belong to the referral services.

Thirdly, there may be State legislation on this issue. A bill by state Rep. Rick Kriseman, a St. Petersburg Democrat, would give accident hot line callers more choices in health care providers. Kriseman's bill would require such hot lines to refer patients to nonaffiliated clinics, as well. "They shouldn't be able to refer to themselves as a referral service if they're only sending you to one clinic," Kriseman said Friday. "That's just a marketing arm for your facility."

As a personal injury attorney who helps those legitimately injured in car accidents, I feel that too much advertising decreases the credibility of those who are actually injured. Potential jurors have the mistaken impression that the majority of the people are not hurt in car accidents. In my practice, that's not the case. Sure, some people are initially injured and treat for a period of time and do get better from their automobile accident. Those are the cases that are closed and don't get in front of a jury. However, many people are injured in varied severity and deserve protection in our judicial system. Will the elimination of doctor-based lawyer referral services eliminate the uphill battle an injured person has in the courtroom? I don't think so.

Education is the answer. Education of what your legal rights are after a car accident. Education of what your injuries, if any, are. Education of the true facts of how someone can be injured in a car accident notwithstanding the amount of property damage.

So, Florida CFO Atwater, the Florida Bar and the Florida Legislature do what you think politically you need to do. I will stay here and educate my clients and make sure their doctors do the same thing while at the same time, try to educate others on how a car accident can impact a person's life in so many ways.

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Personal Injury Attorney Matthew Noyes represents those injured in car accidents, motorcycle crashes, bicycle accidents and other personal injury matters. His Tampa Bay personal injury law firm--Perenich, Caulfield, Avril & Noyes--has been caring for clients since 1955. Click here to schedule a free case consultation with Attorney Matthew Noyes.

Getting You and Your Car Home Safely Without Driving Impaired

Drunk drivers cause serious and sometimes fatal car accidents. Do you know someone who may have too much to drink this New Year's weekend, but will still want to drive home because they don't want to leave their car? There is a way to get them AND their car home FREE of charge--AAA/Budweiser's Tow-to-Go program.

A simple call to 1-800-AAA-HELP will get an AAA tow truck to take an impaired driver and his vehicle safely home. The service is completely FREE and open to both AAA members and non-members and is 100% confidential.

Last year, AAA received 2,400 calls for their Tow-to-Go program. Since 1998, the "Tow to Go" program has safely removed more than 13,600 drunk drivers from the roads.

Protect you or your friend or family member by putting this telephone number in their cell phone now. This way, you won't have to worry about the number when you need it.

Celebrate safely this New Year's weekend, but watch out for those who don't.

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Personal Injury Attorney Matthew Noyes represents those who are injured in car accidents caused by drunk driving or other negligence. Insurance companies have attorneys protecting their interest after your automobile accident, so should you. Attorney Noyes' Clearwater personal injury law firm - Perenich, Caulfield, Avril & Noyes -- has been caring for clients since 1955. Click here to schedule a free case consultation with Attorney Matthew Noyes.

Prevent Car Accidents This New Year's Weekend

An estimated 297 people will die in car accidents this New Year's weekend according to the National Safety Council. In addition, medically consulted injuries from car accidents are estimated at 29,700 (a medically consulted injury is an injury serious enough that a medical professional was consulted). So, it is very important that everyone drive safely and watch out for those who don't.

The National Safety Council's 2012 New Year’s Day holiday period begins at 6:00 p.m., Friday, Dec. 30, 2011 and ends at 11:59 p.m., Monday, Jan. 2, 2012, making it a 3.25-day holiday period. In 2009 (the last reported data), there were 458 car accident fatalities during its 4.25-day holiday period.

One way to reduce car accident fatalities is by using your seat belt. Studies have shown that safety belts are 45% effective in preventing fatalities. It is estimated that 106 person’s lives may be saved this New Year’s Day holiday period because they will wear their safety belts and an additional 76 lives could be saved if all wore safety belts.

So, ring in the New Year with friends and family, but please do it safely.

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Personal Injury Attorney Matthew Noyes represents those injured in car accidents, motorcycle crashes, bicycle accidents and other personal injury matters. His Clearwater personal injury law firm -- Perenich, Caulfield, Avril & Noyes -- has been caring for clients since 1955. Click here to schedule a free case consultation with Attorney Matthew Noyes.

 

Tips on Speeding Up Your Social Security Disaiblity (SSD) Application

Anyone who has applied for Social Security Disability (SSD) knows how slow the process is. Studies have shown that about two-thirds of Social Security disability requests are initially rejected. If you're turned down, you can request that your case be reconsidered, but few decisions are reversed at that level so you must request a hearing before an administrative law judge. At the hearing stage, nearly two-thirds of applications are then approved.

Unfortunately, there is no way to guarantee that your application for Social Security Disability Benefits gets approved faster. However, there are some things that can be done:

1. Request a hearing for "Compassionate Allowances"- Some dire and very serious conditions, such as certain types of cancer, early onset Alzheimer's disease and dozens of others, receive almost immediate approval for Social Security disability benefits. The list of conditions that qualify for "Compassionate Allowances" can be found on the SSA website.

2. Have your documents in order - When you're first applying for disability benefits, describe your medical condition, medical treatment, restrictions and limitations in great detail. Be sure to include all your conditions, even if they seem irrelevant to the case. A back injury could also cause mental health issues, irritability or other conditions. By listing them all together, it may help to argue you are disabled.  Too often, people apply for SSD without sufficient medical documentation. Although the Social Security Administration can request the medical records, it's often more efficient if you gather the documentation.

3. Don't drag your feet - Once you file an application for Social Security disability benefits, there's no time to drag feet. If you're asked to submit more paperwork, do it as soon as possible. If you're asked by the SSA to have a consultation done with another physician, do so immediately.  Don't give Social Security Administration an excuse for the delay because they are waiting on something from you.

4. Hire an attorney the minute you are denied - Too many people come to me for advice on Social Security Disability benefits weeks or months after they have been denied. That is a mistake.  Hire an attorney as soon as you receive a denial because you have only 60 days to appeal.

These four steps could shed days, weeks or even months off of your application for Social Security Disability benefits.  Every day that is shed is one day closer to you getting your Social Security Disability benefits.  Don't delay; contact Attorney Matthew Noyes today for a free case consultation on your entitlement to Social Security Disability benefits. His Tampa Bay law office - Perenich, Caulfield, Avril & Noyes - has been caring for clients since 1955.

Judge Awards Workers' Compensation Benefits and Wages After Final Hearing

Last week, the Judge of Compensation Claims awarded workers' compensation benefits after Attorney Matthew Noyes presented the case at the Final Hearing. Despite the workers' compensation carrier's position that the recommended epidural steroid injections were not medically necessary or related to the workers' compensation accident, the Judge disagreed and accepted the testimony of the injured employee's doctor and ordered the carrier to authorize the epidural steroid injections.

In addition, the workers compensation carrier refused to amend the injured employee's average weekly wage to include income from her second job. Under Florida workers' compensation law, the average weekly wage shall include wages from any other job the injured employee was working at the time of the injury as long as those wages are reported to the IRS for income tax purposes. Initially, the wages from the second job were not included in the injured workers' income taxes because she did not receive the paperwork before filing her income taxes. However, she subsequently filed an amended income tax return to include these wages. Nevertheless, the workers' compensation carrier still failed to amend the average weekly wage. After legal argument from Attorney Matthew Noyes, the Judge of Compensation Claims ordered the workers' compensation carrier to amend the average weekly wage to include the wages from the second job.

Florida workers' compensation law can be a mine field if you don't have someone guiding you through the hoops and hurdles of the work comp laws. Attorney Matthew Noyes and his Clearwater personal injury law firm -- Perenich, Caulfield, Avril & Noyes -- have been helping clients after Florida worker compensation claims for many years. Click here for a free case consultation after your Florida workers' compensation claim.

 

A Picture Can Deceive You

A car accident can result in considerable visible property damage, but it could also result in little visible property damage. However, what you see may not be correct.

Attorney Lorrie Robinson and I just finished a jury trial in a rear-end car accident case where State Farm was claiming that our client could not have been hurt because there was little visible damage to her rear bumper. In fact, even the client believed there was little property damage and wondered how she could have injured her neck, back, shoulder and developed carpal tunnel syndrome requiring surgery if there was no property damage to her vehicle.

After removing the plastic bumper cover of her Saturn VUE, the answer was clear. Despite there being little visible property damage to the plastic bumper cover, we were able to see that the impact she sustained in the rear-end collision resulted in damage to the bumper absorber, the bumper reinforcement and the rear body panel--that is, the impact was severe enough to crush metal four layers deep!! No wonder she was in pain.

This case is a lesson on how important investigation is after a car accident. Had we not been able to show the jury how this rear-end car accident was severe enough to crush metal, it is unlikely that we would have secured a verdict eight time higher than State Farm's last settlement offer.

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Attorney Matthew Noyes has been helping those injured in car accidents, motorcycle accidents, slip and falls, and other types of accidents for nearly 20 years. His Clearwater personal injury law firm -- Perenich, Caulfield, Avril & Noyes -- has been serving the Tampa Bay area since 1955. Click here to contact Attorney Matthew Noyes for a free consultation or simply call 727-796-8282.

Jury Allows Parents to Tell Their Story and Returns Two Million Dollar Verdict

About 7 years ago, I sat at the kitchen table of two strangers whose 17-year-old son died while he was conditioning for high school baseball. Within minutes, these two strangers--Kathy and Jim Miulli--became my friends.  During that meeting, the grieving mother told me that all she wants is to have her story told to prevent other teenage athletes' deaths.  This week, we were able to do that for her and her husband.

Over the past nearly seven years, my firm and I have proudly represented Kathy and Jim Miulli in a wrongful death case involving their son, Matt.  On Monday, the Hillsborough County jury returned a verdict of over $2,000,000.00 after six days of trial.  My partners, Bryan Caulfield and Lorrie Robinson, presented the case to the jury and both Jim and Kathy Miulli where able to tell her story.  It was an honor to be part of the team that allowed them to do this.  Although there are post-trial motions and likely appeals, two wonderful people and great parents to their son, Jim and Kathy Miulli are one step closer to closure.

As noted in news articles, since Matt's death, his parents have been instrumental in saving lives.  Through their efforts, Jim and Kathy--and Matt--were able to convince Hillsborough County to fund two additional ambulances; was a catalyst in getting the FHSAA to amend their bylaws to require pre-participation physicals before conditioning; and were able to get the Florida legislature to pass the Gordon and Miulli Act that provides funding for defibrillators for youth athletic organizations.  Now, if only Matt could do something up in Heaven to help his beloved Chicago Cubs! 

I am blessed to know Jim and Kathy Miulli and have been honored to help them be able to tell their story--a story all of us wish they never had to tell.

Man Killed in Car Accident in Clearwater Serves as a Reminder

My daughter texted me yesterday advising me that she just passed a serious car accident where they were using the "jaws of life." My response? "Drive safely. Love ya!"

That car accident served as a reminder to me as a father that time is precious with our kids and loved ones. According to reports, the car accident that my daughter saw took the life of Jeffrey A. Spink as he was leaving work from the nearby Lowe's store. Also involved was 18-year-old Jessica Feihl. The Spink family as well as the Feihl family are forever changed because of this crash.

I am blessed that my daughter was only a passer-byer of this crash and that I had another opportunity to tell her that I love her. Too many families never get to say good-bye or "I love you" before a loved one dies in a car accident. So, take a moment to be thankful and hug your spouse and kids before they get in the car today and everyday.

Drive safely and watch out for those who don't.

 

What is "National Seat Check Saturday"?

To close out National Child Passenger Safety Week, this Saturday is known as "National Seat Check Saturday." Too many children are injured and even killed in car accidents because they are in an improper child seat. Organizations around the country have agreed to have certified technicians inspect your child car seat, in most cases, free of charge - and show you how to correctly install and use it. To find a location in your area, simply click here and enter your zip code.

Florida law requires that every operator of a motor vehicle, while transporting a child in a motor vehicle operated on the roadways, streets, or highways of this state, shall, if the child is 5 years of age or younger, provide for protection of the child by properly using a crash-tested, federally approved child restraint device. For children aged through 3 years, such restraint device must be a separate carrier or a vehicle manufacturer’s integrated child seat. For children aged 4 through 5 years, a separate carrier, an integrated child seat, or a seat belt may be used.

The following research indicates the importance of the proper care seat or booster seat:

• During 2009, 5366 passenger vehicle occupants age 4 and younger were involved in fatal crashes. For those children where restraint use was known, 23% were unrestrained; among those who were fatally injured, 46% were unrestrained.
• Research on the effectiveness of child safety seats has found them to reduce fatal injury by 71% for infants younger than 1 year of age and by 54% for toddlers ages 1-4. Children ages 2-6 years old in child safety seats (including child restraints and belt positioning booster seats) are approximately 28% less likely to receive a fatal injury than those using safety belts alone.
• When children ride in a rear vehicle seat they reduce their injury risk by 64% for newborns to 8 year olds and 31% for 9-12 year olds. It appears to be a norm now that young children ride in vehicle back seats as observation studies from 2008 found that 99% of infants and 92% of children 1-3 and 89% of children 4-7 ride in back seats.

So, take steps to protect your child in the event of a car accident. Believe me, it tears me and my staff up when we represent parents of kids who are injured or killed in car accidents.

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Personal Injury Attorney Matthew Noyes has been representing those injured in car accidents, motorcycle accidents, bicycle accidents and other personal matter matters for nearly 20 years. His Clearwater personal injury law firm - Perenich Caulfield Avril & Noyes - has been helping Tampa Bay residents since 1955. Click here for a free case consultation or call 727-796-8282.

One Out of Four Florida Drivers Don't Have This -- What is It?

If you or your family member are injured in a car accident in Florida, the chances are nearly 1 in 4 that the at-fault driver doesn't have the insurance to cover your injuries, according to a new national study.

It is important to remember that Florida law does not require a driver to purchase bodily injury liability insurance. Thus, many drivers elect not to purchase this coverage. This is why purchasing uninsured/underinsured motorist coverage is so important. If you or a loved one are injured in a car accident because of the negligence of an uninsured motorist, you will be able to seek compensation under your uninsured motorist benefits. Without it, you could be left responsible for some of your medical expenses and most of your lost wages.

The Insurance Research Council ranks Florida in the top five of uninsured motorists states with an estimated 24 percent of Florida's drivers are uninsured, based on its national study of uninsured motorist insurance clams in relation to bodily injury claims.

"Despite laws in many states requiring drivers to maintain insurance, about 1 in 7 motorists remains uninsured," Insurance Research Council Senior Vice President Elizabeth Sprinkel said in a statement accompanying the study. "This forces responsible drivers who carry insurance to bear the burden of paying for injuries caused by drivers who carry no insurance at all." Sprinkel said it is "an unfortunate consequence of the economic downturn and illustrates how virtually everyone is affected by recent economic developments."

Click here to read an article in Florida Today on how a car accident caused by an uninsured motorist changed the life of a young woman. To prevent this from happening to you, check your automobile insurance policy today to make sure that you are carrying uninsured motorist coverage before you are involved in a car accident.

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Personal Injury Attorney Matthew Noyes has been representing those injured in car accidents, motorcycle accidents, bicycle accidents and other types of crashes for nearly 20 years. His Clearwater personal injury law firm -- Perenich Caulfield Avril & Noyes -- has been caring for clients since 1955. Click here to schedule a free case consultation with Attorney Matthew Noyes to better understand your rights after a car accident.

 

 

Where Have Tampa Bay Workers Died in Recent Work Comp Accidents?

Workplace fatalities happen. In the past 5 years, there have been 86 fatal accidents that occurred in the Tampa Bay area or involved a Tampa Bay-area employer. Unfortunately, Florida workers' compensation law is inadequate to compensate the surviving family when a death occurs on the job.

If death results from a work comp accident within one year thereafter or follows continuous disability and resulted from the work-related accident within five years thereafter, the workers' compensation carrier is required to pay death benefits. These workers compensation benefits include actual funeral expenses not to exceed $7,500.00. Further, the employer/insurance carrier shall pay the deceased employee’s dependents up to two-third of the deceased employee’s average weekly wage depending on the type of dependent (spouse, child, parent, etc.). In addition, the carrier would be responsible for payment of school of the surviving spouse. However, the maximum the workers' compensation carrier is required to pay to the family for the death of an employee is $150,000.00.

So, where have these work-related death occurred? ABC Action News has formulated a database of these fatal accidents using the information from OSHA. Click here to search the name of the employer or information on all the fatal work comp deaths in a given city.

Be safe on the job, but be educated about the law after a workers' compensation injury. For free information about your rights and benefits after a Florida workers' compensation accident, click here and email Attorney Matthew Noyes to request his workers' compensation packet.
 

Where Does Your City Rank in Best/Worst Drivers?

Is your cities one of the most automobile accident cities or one where the least car accidents occur. This week, Allstate Insurance Company released its seventh annual "Allstate America's Best Drivers Report™." The report ranks America's 200 largest cities in terms of car collision frequency to identify which cities have the safest drivers, according to Allstate claim data.

This year's top honor of "America's Safest Driving City" is Fort Collins, Colorado. This is the second year in the row for Fort Collins to be at the top spot. According to the report, the average driver in Fort Collins will experience an auto collision every 14 years, which is 28.6 percent less likely than the national average of 10 years.

Car accidents in general have declined over the last few years, but fatalities from car accidents still average more than 32,000 every year despite technological advances, according to the National Highway Traffic Safety Administration.

So, what cities have the best drivers? The top ten include:

• Fort Collins
• Boise, Idaho
• Lincoln, Neb.
• Chandler, Ariz.
• Huntsville, Ala.
• Knoxville, Tenn.
• Springfield, Mo.
• Reno, Nev.
• Eugene, Ore.
• Chattanooga, Tenn.

The safest "big cities" (population of at least 1 million) are as follows:

• Phoenix
• San Diego
• San Antonio
• Houston
• Chicago

What about the worst drivers or cities with the highest chances of being involved in a crash? The worst cities for car accidents include:

• Washington D.C. (the worst at 193rd worst city)
• Baltimore, MD (ranked 192)
• Providence, RI (ranked 189)
• Philadelphia, PA (ranked 188)
• Hartford, CT (ranked 187)
• San Francisco, CA (ranked 185)

Of interest to me is that Tampa was ranked 176, St. Petersburg was ranked 74, and my hometown of Naperville, IL was ranked 125. Click here to check out the cities that interest you.

Drive safely and watch out for those who don't. If you or a loved one has been injured in a car accident, click here to schedule a free case consultation with me, Personal Injury Attorney Matthew Noyes. My Clearwater personal injury law firm -- Perenich Caulfield Avril & Noyes -- has been caring for clients since 1955. Benefit from our experience!

Workers' Compensation Settlement is Not Always the Answer

In Florida, a workers' compensation Claimant can settle their work comp case for a lump sum of money. This settlement is in exchange for the workers' compensation carrier to no longer be responsible for future medical care and any possible future wage benefits. However, a quick or non-thought-out settlement can result in devastation, according to research performed by the Saint Louis University.

"There are many casualties in the current system. Those casualties can leave people worse than we previously believed, and at a cost to society that appears pretty high. Our research shows those who are African-American, at lower income levels, young or all of the above have the greatest problems, and these problems escalate over time," said Raymond Tait, Ph.D., professor of psychiatry at Saint Louis University School of Medicine and lead author of the research that appeared in the August issue of Spine. "Regardless of the settlement that you receive, if you continue to experience pain, our findings indicate you will often get worse over time -- worse in ways that can lead to the loss of a home, lead to family disruptions, and even lead to divorce."

In the study, researchers analyzed court records of 1,475 African-Americans and non-Hispanic whites who settled Missouri workers' compensation claims in St. Louis City and County, and Jackson County, which includes Kansas City. After examining 10 years of court records - spanning five years before claim settlements and five years after -- to study the impact of claim settlement on major life disruptions, they found that many workers' compensation Claimants were involved in court records related to cases such as breach of contract, child support, adult abuse, stalking, divorce, foreclosure and eviction. Workers who were younger than 35 also had significantly more financial problems than those who were middle-aged and older. Younger workers had three times more financial legal actions than those between 35 and 55, and five times more than those older than age 55.

The findings indicate previous research that took a short-term view of outcomes for those who had workers' compensation settlements for back injuries underestimated the magnitude of the difficulties ahead, particularly for younger and African-American workers.

This study reinforces the importance of consulting with an experienced workers' compensation attorney before discussing settlement of your claim with the work comp carrier. Failing to understand all your rights could have a dramatic effect on you and your family for years to come.

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Attorney Matthew Noyes has helped Florida workers involved in Florida workers' compensation claims for nearly 20 years. His Clearwater law firm -- Perenich, Caulfield, Avril & Noyes -- has been caring for clients since 1955. Click here for a free case consultation with Attorney Matthew Noyes.

Refresher Course on When to Stop for School Buses (and the Penalties if You Don't)

School is back in session! That means school buses will permeate our streets. So, this may be the best time for a reminder of when you must stop for a school bus and the penalties associated with not stopping.

In a 180-day school year, it is estimated that there are almost two million illegal “pass-by’s” of Florida school buses, each representing the possibility of tragic injuries or fatalities to students. Florida law requires that motorists stop upon approaching any school bus which displays its flashing red lights and has its stop signs extended. However, Florida law does state that the driver of a vehicle upon a divided highway with an unpaved space of at least 5 feet, a raised median, or a physical barrier is not required to stop when traveling in the opposite direction of a school bus which is stopped. Better to err on the side of caution if you are not sure about how long the unpaved space is.

The penalties for not stopping for a school bus are $165 for a left hand pass. A subsequent one in 5 years will result in a license suspension for 90 days to 6 months. If you illegal pass a school bus on the right, the fine for the first offense is $265. A second or subsequent offense (within 5 years) will result in the fine and a license suspension for 180 days to one year, plus a mandatory hearing. Failure to stop for a school bus will result in 4 points being assessed against your license.

So, watch out for school buses--both to prevent hurting or killing school children as well as avoiding fines and suspension. Drive safely and watch out for those who don't. Now, get to class!

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Personal Injury Attorney Matthew Noyes represents those injured in car accidents, bicycle accidents, motorcycle crashes and other personal injuries matters. His Clearwater personal injury law firm -- Perenich, Caulfield, Avril & Noyes -- has been caring for clients since 1955. Click here for a free case consultation with Attorney Matthew Noyes.

Fatal Bicycle Accident in Pasco Reminds Us to Watch Out for Bicyclists

A Pasco bicyclist was hit by a car and thrown onto the car's windshield and then thrown to the ground. Sadly, the bicyclist died.

Preliminary information indicates that the 21-year-old driver was driving south on CR-587 Moon Lake Road. The bicyclist was riding south on the same road. The driver reportedly failed to see the bicyclist and hit the rear of the bicycle, causing it to overturn. The bicyclist was ejected onto the car’s windshield, then thrown forward into the northbound lane of CR 587.

This accident is a reminder that all drivers need to be alert for bicyclists. Drivers of cars need to look ahead for bicyclists and take steps to avoid an accident. Bicyclists need to wear bright color clothing, have reflectors and lights on their bikes, and obey bicycle laws. Florida state law says that a bicyclist must ride as far to the right as practicable. It does NOT say as far to the right as possible. Practicable means capable of being done within the means and circumstances present. A cyclist should maintain no less than 2 feet of clearance from the edge of usable pavement to have room to maneuver around obstructions and to be more visible to crossing traffic. Thus, bicyclists will be in the road and they are permitted to be there.

Drive and ride safely and watch out for those who don't. If you or a loved one is injured in a bicycle accident, pedestrian accident, car accident of other type of accident, contact Personal Injury Attorney Matthew Noyes for a free case consultation. Attorney Noyes' Clearwater personal injury law firm - Perenich, Caulfield, Avril & Noyes - has been caring for clients since 1955. Benefit from their experience by contacting them today.

 

 

Driving with Grandpa -- Is it Safe?

Are your kids safe to drive with their grandparents? You may be surprised, but new research suggests that children are actually safer in auto accidents when a grandparent is at the wheel instead of a parent. In fact, the odds of a child being injured in a car accident were 50 percent less when a grandparent was driving. Results of the study will be published in the August issue of Pediatrics.

The study included insurance data on motor vehicle accidents that occurred from January 2003 through November 2007. The researchers found that grandparents were driving in 1,143 of the accidents, while parents were behind the wheel for 10,716. That means that grandparents make up about 9.5 percent of the drivers, yet the researchers discovered that grandparent accidents cause only 6.6 percent of the total injuries. Children riding with a parent had a 5 percent increased risk of being injured in an accident, while the children cruising with a grandparent were 30 percent less likely to be injured in a crash, according to the study.

However, one area where grandparents were found somewhat lacking was in child safety seat use. More than 25 percent of grandparents were lacking "optimal" child restraint use, and 2 percent of grandparents skipped child restraints altogether.

So, let Junior drive with Gramps, but make sure that Gramps has the proper child restraint in his car.

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Personal Injury Attorney Matthew Noyes has been caring for clients after car accidents, motorcycle crashes and other personal injury matters for nearly two decades. His Clearwater personal injury law firm - Perenich, Caulfield, Avril & Noyes - has been fighting for the injured since 1955. Benefit from their experience by contacting Attorney Noyes today!