NOYES LEGAL NEWS

It's Not Just Whiplash!

After a car accident, many people experience neck and shoulder pain that radiates into the arm. The neck is treated for the tearing and stretching of the ligaments, but the arm pain and hand pain continues. The MRI is negative for a herniated disc, but the patient still has problems from the car accident. A good doctor will investigate whether this patient has a brachial plexus injury. A brachial plexus injury usually happens when your shoulder is pressed down forcefully while your head is pushed up and away from that shoulder (a typical action in a seat-belted rear-end car accident victim).

A brachial plexus injury is an injury to the network of nerves that runs from the spine through the neck into the arm. There are four types of brachial plexus injuries: avulsion (the most severe type in which the nerve is torn from the spine); rupture (the nerve is torn but not at the spinal attachment); neuropraxia (nerve has been damaged but not torn); and neuroma (nerve has tried to heal itself but scar tissue has grown around the injury). Whatever the type of brachial plexus injury, it needs to be treated to prevent permanent restrictions and limitations.
 
To help diagnose the extent and severity of a brachial plexus injury, you may have one or more of the following tests: Electromyography; Nerve conduction studies; Magnetic resonance imaging (MRI); or Computerized tomography (CT) myelography.

The scar tissue that develops because of a brachial plexus injury sometimes must be removed surgically to improve the nerve's function. Surgical repair is often required for nerves that have significant surrounding scar tissue or that have been cut or torn. The type of surgeries include nerve graft (the damaged part of the brachial plexus is removed and replaced with sections of nerves cut from other parts of your body) or a nerve transfer (surgeons take a less important nerve that's still attached to the spinal cord and hook it into the nerve that's no longer attached). Partly because of the risk of muscle atrophy, surgery to repair brachial plexus nerves should ideally occur within three to six months after the injury. The success rate drops greatly if nerve surgery occurs more than a year after the injury.

Brachial plexus injuries can cause permanent weakness or disability. Don't take them for granted, even if they seem minor. See your doctor if you have recurrent burners and stingers, weakness in your hand or arm that lasts more than a few days, neck pain, or symptoms in both arms.

If you are suffering from shoulder, arm and/or hand pain from a car accident, motorcycle accident, or other injury, talk to your doctor about the possibility of having a brachial plexus injury. It is better to be safe than sorry.

If you have questions about your legal rights after a personal injury, click here to schedule a free case consultation with Personal Injury Attorney Matthew Noyes. Remember, insurance companies have attorneys working for them, so should you!

Two Pedestrian Women Hit By Cars Hours Apart From Each Other

Two female pedestrians. Two car accidents. One death and the other with life-threatening injuries.

Yesterday, a pedestrian vs. car accident in Clearwater critically injured Ivonne B. Ramos-Solis as she was hit on U.S. 19. Ms. Ramos-Solis was crossing the highway between Belleair and Nursery roads just before 5 p.m. when she was hit by a vehicle driven by Terry L. Howell, of Ohio. According to reports, the crossing signal was activated as Ramos-Solis was going across the street. Ms. Howell was headed eastbound on Nursery Road attempting to turn north on U.S. 19 when he struck the woman, she said. Ramos-Solis was flown to Bayfront Medical Center with life-threatening injuries.

Later that night, a 72-year-old woman who lived in an assisted-living facility was hit by a car and killed in Brandon as she crossed Bloomingdale Avenue. Reports indicate that at about 10:45 p.m., Julia Jacobson, of the Claridge House at the Bridges in Riverview was hit by a 2008 Toyota driven by 21-year-old Joseph Stevens, of Valrico. Ms. Jacobson died at the scene.

The Christmas season will be forever changed for the Ramos-Solis family as well as Ms. Jacobson's family. I am sure that the drivers of the car will also be affected because of the accidents.

These two pedestrian accidents should serve to remind us to watch out for pedestrians. Look at the crosswalks before making your turns. Look ahead of you to spot pedestrians that could pose a threat of walking out into the road. Be proactive when you drive so you don't have to be reactive.

Drive safely and watch out for those who don't. If you have questions about your legal rights after you or a loved one is hit by a car, click here to contact Personal Injury Attorney Matthew Noyes. Remember, insurance companies have attorneys working for them--so should you!

Do You Have to Shop At Your Own Risk of Falling Merchandise?

Whether it is Target, Wal-Mart, JCPenny's or another store, merchandise is being improperly stocked resulting in some serious injuries to customers. This is especially true during the Christmas season shopping when shelves are stocked to their maximum. One report showed 17,000 falling resulting in injuries to customers occurred in Wal Mart stores over a 5 year period.

One perfect example of the dangers of poor stocking involves a client of mine. As she bent over to read Christmas cards, merchandise from the top shelf of the adjacent aisle came tumbling down because someone on the other aisle was trying to reach other merchandise. As a result, my client suffers from herniated disc in her neck.

The law recognizes that merchants have a duty to invitees to exercise reasonable care to keep their premises in a reasonably safe condition and to warn of unsafe or hazardous conditions of which the merchant knows or should know through reasonable care and inspection. It is well established that merchants owe a duty to their customers to keep their businesses, aisles, passages, and other public places in a reasonably safe condition and to use ordinary care to prevent injuries to customers. Merchants must take reasonable precautions to protect their customers from foreseeable dangers.

Courts recognize that merchants must place merchandise on shelves safely so it will not fall. The merchant must take affirmative steps to prevent it from falling, including checking the shelves periodically to ensure that merchandise is in a safe position and using devices to stabilize it. Failure to do so could result in liability is someone is injured.

The law also recognizes that stacking merchandise on high shelves creates an unwarranted risk, and it is reasonably foreseeable that doing this contributes to the risk of merchandise falling. Several courts have held that stacking boxed merchandise on a shelf above customers' heads creates an unreasonable danger.

Throughout the decades, we have represented many clients who have sustained injuries from falling merchandise. We know that insurance companies often try to blame the client rather than take responsibility. We work hard to get your medical bills, lost income paid and compensation for other damages.

If someone you care about has been injured while shopping for Christmas gifts, click here for a free case consultation with Personal Injury Attorney Matthew Noyes. Remember, insurance companies have lawyers working for them, so should you!

What To Do After a Parking Lot Car Accident

Parking lot car accidents happen much more often this time of year! With the malls being packed with Christmas shoppers and drivers racing to get to the next open space, collisions (and tempers) are bound to rise.

 

If you are involved in one of these parking lot accidents, be expected to be blamed (at least partially) for the crash. To protect yourself from apportionment of fault, here are a few things to do: 

 

• Immediately upon impact, check to see if the person who hit you was on their cell phone or looking away.

 

• Leave your car exactly where it was when you were hit and get out and take pictures. Pay particular attention to taking pictures of how your car was positioned at the time of impact. If you were almost out of your parking spot when another car hit you, that helps limit your responsibility.

 

• Take picture of where the other car was at the time it hit you. If they moved the vehicle after impact, take pictures of where the car was at impact.

 

• Get witnesses' name and contact information. Most parking lot accidents end up being a "he said-she said" type of scenario because no one obtained witness information. This is very important if you were not at fault.

In most parking lot accidents, the driver's head is turned looking towards the back or sides of the vehicle. This head positioning can result in different types of injuries then if you were looking forward. It is important that you tell your doctor how your head was positioned at the time of the crash.

 

There are a few things you can do to avoid being involved in a parking lot accident. Here are a few:

• Parking far away from other vehicles, if possible
• Using a turn signal when making a turn in a parking lot or parking space
• Paying extra attention when pulling into and backing out of parking spots
• Driving slowly through parking lots
• Being careful when entering and exiting a parking lanes (a vehicle near the end of the lane could be pulling out)

Injuries do occur in parking lot accidents. If your family member or friend is injured in a parking lot accident, you should talk with an attorney before talking with the insurance companies. Remember, insurance companies have lawyers looking out for their best interest after your accident, so should you! Click here to schedule a free case consultation with Personal Injury Attorney Matthew Noyes.

TIPS FOR THANKSGIVING SAFETY

Happy Thanksgiving Weekend to You and Your Families! To prevent you or your friends and family from having to come see me or another personal injury law attorney because of a car accident over the holiday weekend, here are a few tips for your holiday travel:

-Have your vehicle checked by a good mechanic for the following: brakes, battery, fluid levels, tire pressure, light bulbs and any parts that need regular maintenance.

-Plan your route. Do you have maps in case there are detours? You may need to look on the state Department of Transportation's web sites for road closures or slowdowns.

-The Wednesday before Thanksgiving and the Sunday after are when you can expect the most traffic. Consider changing your travel dates if you have any flexibility.

-Are you prepared for roadway emergencies? Bring along a first-aid kit, flashlight, blankets, drinking water and snacks, along with flares and jumper cables and an ice scraper.

-Make sure your cell phone is fully charged.

-If your vehicle breaks down on the roadway or you have a minor collision, it is vitally important to remove your vehicle from the flow of traffic and off the roadway, if at all possible.

-Never try to get out and push the vehicle or look under the hood in the flow of traffic.

-If you are changing a tire, be mindful of the traffic around you.

-If you are traveling into other states where you are unfamiliar with the roadways, pay close attention to speed limit and other roadway signs giving you instructions.

-Be patient. Do not tail gate. Keep a safe following distance and refuse to engage in aggressive/combative driving.

-The Highway Patrol does not recommend driving all night to avoid traffic. Most people will not get the extra sleep in advance of their trip and risk extreme fatigue. Also, drunken driving collisions are greater during the nighttime and early morning hours.

-Double check children's car seats. Make sure the seat is attached tightly to the vehicle seat and the harness and straps are on tightly and properly.

-Be aware of the sedating effects of a heavy meal. It is best to avoid a long trip right after your Thanksgiving meal. If you have to travel, try to get in a nap first.

Be safe this Thanksgiving weekend and watch out for those who aren't. If you have legal questions over the holiday weekend, please feel free to email me at MatthewNoyes.com or call me at 727-724-7800. We will be able to address your questions despite our office being closed

What You Post on Facebook Could Bite You!

Be careful what you post on Facebook! It could have detrimental effect on your insurance claim or lawsuit.

A Canadian woman knows this now. She says that her long-term disability benefits were terminated because the insurance company found photos of her on Facebook in which she appeared to be having fun.

The woman had been on leave from her job for the last year after being diagnosed with major depression. Because of it, she was receiving monthly sick-leave benefits from insurance giant Manulife. When the benefit stopped coming, she called Manulife and was told she was available to work because of Facebook. She said her insurance agent described several pictures the woman posted on Facebook, including ones showing her having a good time at a Chippendales bar show and at her birthday party.

The woman states that Manulife apparently argues that these Facebook photos are evidence she is no longer depressed. However, the woman states that on her doctor's advice, she tried to have fun, including nights out at her local bar with friends and short getaways to sun destinations, as a way to forget her problems.

Be careful what you post on Facebook. A picture of you smiling could result in an insurance company arguing that you were not injured in a car accident or workers' compensation claim. The insurance companies conveniently forget that a photograph is simply a snapshot of that moment of time and not indicative of the Hell an injured person sometimes have to go through after being injured in an automobile accident, motorcycle crash or work comp claim.

For more information about your rights after a Florida car accident, workers compensation claim or other personal injury matter, click here for a free case consultation with Personal Injury Attorney Matthew Noyes. Remember, insurance companies have attorneys fighting for their best interest, so should you!

What is That Flashing Yellow Arrow??

It's no longer red-yellow-green. A new traffic signal using a flashing yellow arrow is being tested at the intersection of Belcher Road and Nebraska Avenue in Palm Harbor. Pinellas County is among the first areas in the United States to implement these flashing yellow arrow left-turn signals at intersections where circular green signal lights were previously used.

Flashing yellow arrows allow motorists to turn left with caution, after yielding the right of way to oncoming traffic. A recent study by the Federal Highway Administration reported that the flashing yellow arrow helps move traffic through an intersection faster and more safely than solid green signals alone, while allowing additional traffic management flexibility for road agencies. The study concluded that drivers are less likely to make left-turn mistakes when guided by the flashing yellow arrows.

According to the study, the new flashing yellow signal was shown to work better at warning motorists to turn left carefully, traffic permitting.

According to Tampa Bay Newspapers, the new signal at Belcher Road and Nebraska Avenue will serve as a test site for Pinellas County. Accumulated traffic data will be compared to data collected from a similar control intersection at Belcher and Tampa roads. If the data prove the flashing yellow arrow is beneficial to traffic flow and safety, the signals will be installed at other locations throughout Pinellas County.

Drive safely and wtch out for those who don't. If you have legal questions about your rights after a Florida car accident, click here to contact Personal Injury Attorney Matthew Noyes. Remember, insurance companies have attorneys fighting for their best interest, so should you!

Is Your Car One of the "Top Safety Picks"?

It's not the Emmy's, but it is very important to automakers. The Insurance Institute for Highway Safety awarded its "top safety pick" today to 19 passenger cars and eight sport utility vehicles for the 2010 model year.

And the winners were . . .

Large cars
Buick LaCrosse
Ford Taurus
Lincoln MKS
Volvo S80

Midsize cars
Audi A3
Chevrolet Malibu built after October 2009
Chrysler Sebring 4-door with optional electronic stability control
Dodge Avenger with optional electronic stability control
Mercedes C class
Subaru Legacy
Subaru Outback
Volkswagen Jetta sedan
Volkswagen Passat sedan
Volvo C30

Small cars
Honda Civic 4-door models (except Si) with optional electronic stability control
Kia Soul
Nissan Cube
Subaru Impreza except WRX
Volkswagen Golf 4-door

Midsize SUVs
Dodge Journey
Subaru Tribeca
Volvo XC60
Volvo XC90

Small SUVs
Honda Element
Jeep Patriot with optional side torso airbags
Subaru Forester
Volkswagen Tiguan

Toyota Motor Corp., BMW AG, Mazda Motor Corp. and Mitsubishi Motors Corp. were shut out in the annual IIHS review.

According to IIHS' news release, Top Safety Pick recognizes vehicles that do the best job of protecting people in front, side, rear, and now rollover car crashes based on good ratings in Institute tests. Winners also must have electronic stability control, which research shows significantly reduces crash risk.

"With the addition of our new roof strength evaluation, our crash test results now cover all 4 of the most common kinds of crashes," says Institute president Adrian Lund.

A new requirement for strong roofs recognizes manufacturers with vehicles that provide good protection in rollover car accidents, which kill more than 9,000 people in passenger vehicles each year. The Institute estimates that stronger roofs reduce the risk of serious and fatal injury in single-vehicle rollover car accidents by about 50 percent compared with roofs meeting the minimum requirement.

Front and side impacts and rollover car accidents killed 24,056 passenger vehicle occupants in 2008. Rear-end crashes usually aren't fatal but result in a large proportion of automobile crash injuries. Neck sprain or strain is the most commonly reported injury in two-thirds of insurance claims for injuries in all kinds of crashes.

Even people in the Top Safety Picks cars get injured when a negligent driver hits them. If you or a loved one has been injured in a Florida car accident, click here to schedule a free case consultation with Personal Injury Attorney Matthew Noyes. As a prior car accident victim, Attorney Matthew Noyes understands the upheaval a car accident can have on your life.

New Study Shows Additional Risks of Text-Messaging

We know text messaging while driving can cause deadly car accidents, but can text-messaging at other times also result in serious injuries?

According to a new study highlighted at MedicineNet.com, too much text messaging may increase the risk of neck or shoulder pain. Judith Gold, ScD, an assistant professor of epidemiology at Temple University's College of Health Professions and Social Work, presented evidence at this year's meeting of the American Public Health Association suggesting that the more college students texted, the more pain they reported in their necks and shoulders.

"What we've seen so far is very similar to what we see with office workers who've spent most of their time at a computer," Gold says. "The way the body is positioned for texting -- stationary shoulders and back with rapidly moving fingers -- is similar to the position for typing on a computer.

Gold and colleagues conducted a study of 138 college students to see if correlations exist between the number of text messages sent per day and pain in the upper body. They used body maps for the students to indicate areas of discomfort. The students were asked how many text messages they sent per day.

The researchers say they found an association, only in male participants, between shoulder discomfort and the number of messages punched out. They propose that males might be particularly susceptible to physical discomfort related to texting.

So, be careful in your posture while you send text messages. Never do it while you are driving. No text message is important enough to cause a car accident!

For information about your rights after a Florida car accident, click here to schedule a free meeting with Personal Injury Attorney Matthew Noyes. Remember, insurance companies have lawyers looking out for their best interest--so should you!

Guess Which Cities are Most Dangerous for Pedestrians

Walking may be good for your health, but it also can be deadly—especially if you live in Tampa Bay.

A report released this week finds more than 43,000 Americans–including 3,906 children under 16–have been killed nationwide have died this decade on roads. In the last 15 years, more than 76,000 Americans have been killed while crossing or walking along a street in their community. The report equates this to a jumbo jet going down roughly every month.

The report, Dangerous By Design: Solving the Epidemic of Preventable Pedestrian Deaths (and Making Great Neighborhoods), ranks the 10 most dangerous metropolitan areas for pedestrians. The top four are in Florida.

According to the report, the 10 most dangerous metropolitan areas for pedestrians in 2007-2008 were:

1. Orlando
2. Tampa
3. Miami
4. Jacksonville, Florida
5. Memphis, Tennessee;
6. Raleigh, North Carolina
7. Louisville, Kentucky
8. Houston
9. Birmingham, Alabama
10. Atlanta.

The three safest cities were Seattle; Portland, Oregon; and Minneapolis-St. Paul.

Many of the deaths occurred on streets that have few provisions for pedestrians, cyclists or those in wheelchairs. According to the report, of the 9,168 pedestrian fatalities in 2007-2008 where the location of the accident is known, more than 40 percent were killed in a spot where there was no crosswalk.

The report notes that only one in 10 pedestrian deaths occurred in a crosswalk. Sixty percent occurred on an arterial road where the speed limit was 40 mph or higher.

This report highlights the importance of all drivers being on the lookout for pedestrians and bicyclists to avoid a car accident. Also, walkers need to stay attune to the driving situations. Walkers should not wear headphones-they take the focus off the road. Stay alert to stay alive!

If you or a friend has been injured while walking Tampa Bay streets, you should talk to an attorney before talking to the insurance companies. Remember, insurance companies have lawyers looking out for their best interest--so should you! Click here to arrange a free case consultation with Personal Injury Attorney Matthew Noyes. With offices throughout Pinellas, Pasco and Hillsborough County, Attorney Noyes can accommodate your schedule.

Chain Reaction Car Accident in Clearwater Puts Highway Patrol Officer and Pedestrian in Hospital

A chain-reaction car accident in Clearwater left a pedestrian and Florida Highway Patrol officer seriously injured.

Around 7:10 p.m. on Tuesday, a Florida Highway Patrol vehicle, a 2004 Mercedes and a tow truck were pulled over on U.S. 19 north of Curlew Road in the left northbound turn lane while the FHP community service officer investigated an earlier crash.

According to the St. Petersburg Times, 22-year-old Rlandy Abbarno of Safety Harbor, was heading north in the right travel lane when he lost control and hit the Florida Highway Patrol cruiser. The cruiser knocked into Officer John Manna and a pedestrian, 74-year-old Marion Carl Nest. The cruiser then hit the Mercedes in front of it and the tow truck, FHP said. Officer Manna and Mr. Nest were taken to Bayfront Medical Center.

This is a perfect example of why Florida has the "Move Over" law. Under the Move Over law, all drivers are required to slow to a speed that is 20 miles per hour less than the posted speed limit. Also, if a driver is driving on an interstate or roadway with multiple lanes of travel in the same direction, and you approach an emergency or law enforcement vehicle parked along the roadway, you must vacate the lane closest to that vehicle as soon as it is safe to do so. If you are not able to safely move over, you must slow down to a speed of 20 MPH below the posted speed limit unless directed otherwise by a law enforcement officer. Had this law been followed, Officer Manna and Marion Nest may be at home enjoying time with family instead of being in the hospital.

Follow the Move Over law. It can prevent you from getting a ticket and it could save an officer's (and bystanders') life.

For information about your rights after a Florida car accident, click here to arrange a free case consultation with Personal Injury Attorney Matthew Noyes. Insurance companies have lawyers working for them-so should you!

Car Accident While Text-Messaging Results in Leg Amputation

One person's text-messaging while driving results in another man losing both legs. Stephen Wage Horne was arrested and charged on a count of reckless driving with a serious bodily injury after police say he was texting while driving. According to ABC Action News, documents released by the State Attorney's office indicate that on August 25th Horne admitted to texting on his cell phone as he slammed into the back of a garbage truck. Emmanuel Mejia was in the back of the vehicle loading items when the impact severed his legs.

Real life effects of something that a majority of people do every day. Text-messaging while driving can result in serious personal injury or death. Don't do it. We al survived for decades without the instant access of text-messaging. There is no need to do it while driving.

Drive safely and watch out for those who don't. For information about your legal rights after a Florida car accident, motorcycle accident, or other personal injury claim, click here to schedule a free consultation with Personal Injury Attorney Matthew Noyes. Remember, insurance companies have attorneys working for them, so should you!

Three Die in Two Motorcycle Accidents Hours Apart

Last week, two Pinellas County motorcycle accidents resulted in three deaths.

On Thursday night, Daniel B. Rivers was killed after crashing his motorcycle on Montclair Road in Clearwater. According to the Bay News 9 report, Mr. Rivers failed to negotiate a curve, lost control of the motorcycle and went off the road. His passenger, 32-year-old Starr Knotek of Clearwater, was also thrown off the motorcycle and was pronounced dead at the scene while Rivers was transported to the Mease Dunedin Hospital where he was pronounced dead. In addition to excessive speed, alcohol is being investigated as a contributing factor in the crash.

It is unfortunate that Starr Knotek had to die as a passenger on the motorcycle. All motorcyclists should take added caution while carrying passengers. To drink and ride is stupid. To do it with a friend or passenger on the bike is ridiculous.

The second motorcycle accident was on Friday morning in Dunedin. According to the Pinellas County Sheriff's Office, motorcyclist Daryl Miles was at the intersection of Curlew and Fisher Roads when he collided with a pickup truck being driven by 16-year-old Jordan Francis. Miles died in the crash.

According to the reports, Mr. Miles was traveling eastbound on Curlew road approaching the intersection of Fisher Road when he switched lanes to the median lane just before entering the intersection. Mr. Francis' pickup was making a left turn from northbound Fisher Road onto westbound Curlew when the motorcycle collided with the front end of the pickup truck, ejecting Miles from the motorcycle. Miles was taken to Mease Countryside Hospital and pronounced dead about 7:30 a.m. Investigators said alcohol does not appear to be a factor in the crash.

Motorcycle driving and riding can be dangerous in Florida. I encourage all drivers to pay added attention to some of the bone-head drivers of car. I also wish some of the motorcyclist wouldn't give other motorcycle drivers a bad name by the way they drive.

Drive and ride carefully and watch out for those who don't. For information about your rights after a motorcycle accident, click here to contact Personal Injury Attorney Matthew Noyes. Remember, insurance companies have lawyers fighting for their best interest, so should you!

Largo Pedestrian Suffers Head Trauma After Being Hit by Car

Another pedestrian is critically injured after being hit by a car in Largo.

As reported by Bay News 9, the pedestrian was walking with a group of friends along the south shoulder of Ulmerton Road near 38th Street. The pedestrian attempted to cross the road but then doubled back. As a result, a Porsche driven by B Gray Gibbs hit the pedestrian.

It makes sense that when it comes to pedestrian vs. car, the pedestrian always loses. Walkers need to be smart when walking on busy roads. Pedestrians need to cross at crosswalks or at intersections. In the same respect, drivers of cars need to be on high alert for pedestrians. When a driver sees a pedestrian or a group of people walking, the driver should slow down, switch lanes if possible, and use added caution until they pass the pedestrians. This way, serious injuries may be avoided.

Drive and walk safely and watch out for those who don't. Before talking to the insurance companies after your car accident, pedestrian accident, motorcycle accident or other personal injury matter, talk to a lawyer about your rights. Remember, insurance companies have lawyers protecting their best interest after your accident, so should you. For a free case consultation about your rights after a Florida car accident, click here to arrange a conference with Personal Injury Attorney Matthew Noyes.

School Bus Accident Sends 11 Students to Hospital

It’s one of a parent's worst nightmares. You see your child off to school, she gets on the bus and you go off to run your busy day. Your morning is interrupted by a call from the school advising that your child was taken to the hospital after her school bus was involved in a car accident. That is what happened to 11 parents this morning in Ruskin.

According to deputies, the school bus was headed to Beth Shields Middle School when it crashed into a Terminix truck at an intersection on 21st Avenue South East. Deputies say the driver of the bus violated the right of way and turned into the path of the truck driver. 39 children were on the bus and 11 of them are being taken to area hospitals.

If your child is injured in a car accident (whether on a school bus or in a car), it is crucial that you get him or her checked out by a doctor. If he or she is complaining of belly pain, there may be internal bleeding from the seat belt that could result in death if not caught. It is always better to err on the side of caution.

Drive safely and watch out for those who don't. For answers to questions after a car accident, click here to schedule a free case consultation with Personal Injury Attorney Matthew Noyes. Insurance companies have attorneys working for them, so should you!

Have Your Voice Be Heard on Health Care Reform

Only because I feel it is too important NOT to blog about--that is why today's article has nothing to do with my personal injury practice, but everything to do with you. I am not a political guy and I will never preach to someone about their views--they are their views to own and do as they wish with them. However, our America may forever be changed this week.

This week, the U.S. House of Representatives may be voting on Speaker Nancy Pelosi's health care reform bill. We need to tell our Representatives what we feel about it. Although I am a Democrat, I will be instructing my Representatives to vote against it. Here is why:

* 1.055 trillion dollars. That is what the Congressional Budget Office figures the House program will cost over a decade. We Americans can simply not afford that. Just last night, my wife and I were talking about buying this and that and we decided that we couldn't do it because we simply couldn't afford to do it. Americans has to have the same talk with their Representatives.

• Robbing Peter to pay Paul. Medicare may not be the best system, but people are getting health care under it. The House bill wants to take $426 billion from future Medicare spending to pay for other care.

* States will be called to contribute as well. Governors will be asked to take on $34 billion in new burdens. This will affect state programs and state taxes.

* Businesses will have to pay. Under the plan, businesses would have to surrender 8% of their payroll to government if they don't offer insurance or pay at least 72.5% of their workers' premiums, which eat into wages. This will result in lower wage increases and less jobs--two things that built America.

• I don't want anyone telling me or my family what "essential benefits" are. If I want to have a procedure performed--no matter how old or how sick I am be--I have the right to do it. Under the House bill, the "health choices commissioner" will decide what counts as "essential benefits."

These are the reasons I am against it. Honestly, with so much propaganda on both sides, I cannot tell you that my reasons are correct. But, I don't want to take the risk. I don't want my kids and grandkids paying for something that we simply cannot afford.

Tell your elected Representatives what YOU think--whether you are for it or against it. You as an American have great power to be heard--don't waste it. Click here to determine the name of your U.S. Representative and then go to their web site to send an email and share your thoughts.

Whew! I am done being political. Now, let's talk Halloween costumes, brain tumors from cell phones, car accident prevention--anything but politics!

Where You Wear Your Cell Phone Could Result in Future Problems

We know that using the cell phone while driving can cause car accident. Now, a study shows that how you wear your cell phone may lead to complications from neck or back surgery needed because of that car accident. According to a study in the September issue of The Journal of Craniofacial Surgery, wearing a cell phone on your hip area may lead to decreased bone density in the area of the pelvis that is commonly used for bone grafts.

 

The researchers measured bone density at the upper rims of the pelvis (iliac wings) in 150 men who were cell phone users and carried their phones on their belts. Bone density was compared on the side where the men wore their phones (the right side in 122 men and the left side in 28) versus the opposite side. The men carried their phones for an average of 15 hours per day, and had used cell phones for an average of 6 years.

 

The results showed a slight reduction in iliac wing bone density on the side where the men carried their phones. The difference was not statistically significant, and did not approach the reductions seen in osteoporosis. However, the researchers point out that the men were relatively young average 32 years and that further bone weakening may occur with longer follow-up.

 

The researchers emphasize that their findings are preliminary. Coming generations of mobile technology may lead to the development of new cell phones with lower exposure to electromagnetic fields. Meanwhile, Dr. Atay and colleagues conclude, "It would be better to keep mobile phones as far as possible from our body during our daily lives."

 

Personally, in order to prevent someone causing a car accident with someone I care about, I would rather drivers keep the cell phone on their hip while driving than on their ear. I don't know what about using a cell phone makes someone drive slower and keeps them from staying in their lane, but you can spot the cell phone users on the roads.

 

Drive safely and watch out for those who don't. If you or a loved one is injured in a Florida car accident, click here to contact Personal Injury Attorney Matthew Noyes. Remember, insurance companies have lawyers looking out for their best interest after your automobile accident, so should you!

Turning Your Clocks Back Results in More Accidents

Remember, after all the trick-or-treaters are gone and the Halloween parties are over, you have one more thing to do Halloween night--turn your clocks back an hour because daylight saving time ends.

As we move the clocks back an hour, car accidents, pedestrian accidents and other personal injury claims are more likely to occur on the roads. According to CNN.com, researchers at Stanford and Johns Hopkins universities analyzed a 21-year period and found a significant spike in traffic accidents on the Sunday that ended daylight-saving time.

The sudden loss of daylight in the evenings sends a pedestrian's risk skyrocketing, according to a seven-year study by researchers at Carnegie Mellon University. They found that after daylight-saving time ended in a typical October, the risk of pedestrian fatalities (per mile walked) jumped 186 percent. The researchers chalked this up not just to darker roadways, but also to drivers having a difficult time adjusting to the end of daylight-saving time.

So, enjoy the extra hour sleep, but on Sunday and days thereafter, keep an extra eye out for pedestrians. Also, be prepared for the change of sunlight glare on your way to work and home.

If you or a family member is injured in a Florida car accident, it is important that you talk with an attorney before talking with the insurance companies.Insurance companies have attorneys working for them--so should you! Click here to schedule a free case consultation with Personal Injury Lawyer Matthew Noyes. Attorney Noyes' personal injury law firm has been caring for clients for over 54 years.

Now You Can Blame Your Bad Driving on Your Parents. Really?

Can we really blame bad driving on genetics? A recent study published in the journal Cerebral Cortex says we can. 

Researcher Steven Cramer, a neurology professor at the University of California Irvine, found that people with a certain gene variant performed more than 30 percent worse on a driving test than people without it. Apparently, about 30 percent of Americans have the variant.

The research looked at a protein called brain-derived neurotrophic factor (BDNF) that is secreted to the area of the brain that is associated with particular activity. The protein helps facilitate communication among brain cells and helps retain memory.

In Cramer's study, people who have the gene variation he focused on have limited BDNF secretion. "These people make more errors from the get-go, and they forget more of what they learned after time away," Cramer said in a statement.

Cramer and his team of researchers brought their research to the road by recruiting 29 people to drive 15 laps on a simulated course with difficult curves and turns. Twenty-two of the participants did not have the gene variant; seven did. The researchers wanted to see how effectively the participants learned to navigate the twists and turns in each subsequent lap.

Four days later, they repeated the test. The participants with the variant did worse both times. They also retained less the second go-round. The researchers concluded that these poor results were because of the limited BDNF secretion.

I don't know if I buy into this or not. There must be a lot of limited-secreted-BDNF-drivers on U.S. Highway 19 every morning. Let's hope that we don't see this as a defense to fight a traffic ticket!

If you or your friend has been injured because of a bad driver (despite their BDNF secretion level), you should talk with an attorney before talking with the insurance companies. Insurance companies have lawyers working for them-so should you!

Click here to schedule a free case consultation with Personal Injury Attorney Matthew Noyes. With offices throughout Tampa Bay, Attorney Noyes can easily accommodate your schedule after your car accident, motorcycle crash, or other personal injury matter.

Lucky 13 Halloween Tips

Ghouls and goblins will take over the night. Halloween's greatest hazards aren't vampires and villains, but falls, costume mishaps and automobile crashes. Because Halloween falls on a weekend, there is even more risk of injuries from car accidents and more drunk drivers on the roads.

Scary creatures need to be safe and celebrate Halloween right. The Red Cross wants
your family to have a safe Halloween so we're providing these "Lucky 13" tips:

1. Map out the route that you plan to roam, so adults are assured you will find your way home!
2. From the bravest of superheroes to the noblest of knights, everyone should remember to bring their flashlights!
3. If you visit a house where a stranger resides, accept treats at the door and, please, don't go inside.
4. When you get ready to put on your disguise, use face paint instead of masks, which will cover your eyes.
5. Always remember, before you embark, to wear light-colored clothing to be seen in the dark! (And remember to use reflective tape, even on bikes, and brooms and the edges of your cape!)
6. Whether you walk, slither or sneak, do it on the sidewalks and not in the street.
7. As you roam through the neighborhood collecting your treats, please look both ways before crossing the street! (And speaking of streets, the corners are the place for trick or treaters to cross no matter their pace.)
8. Wigs, capes and costumes are flammable attire, so avoid open flames to prevent a fire!
9. Use a glow stick instead of a candle so your jack-o-lantern isn't a safety gamble!
10. You may fly on a broom or a space ship from Mars, but please be on the lookout for drivers in cars! (Between parked cars is no place to hide, be sure that you’re seen whether you’re a clown or a bride.)
11. Monsters and zombies should stay off the lawn, and only visit homes with their porch lights turned on!
12. You may be dressed as a werewolf, a cat or a frog, but be cautious around strange animals, especially dogs.

Planning now by using these tips could prevent an injury this Saturday. No one wants to spend Halloween night in the emergency room with their child.