NOYES LEGAL NEWS

Avoiding Injuries on the Playground

I know, a bit off topic, but after taking my 18-month old to some dangerous playgrounds (we didn't stay), I think the issue needs attention.

According to the National Safety Council, more than 200,000 children visit hospital emergency rooms each year because of playground injuries.  Also, approximately, 15 kids die each year because of playground injuries.

Many of these playground injuries can be prevented.  Here are some of the preventable reasons kids get injured on the playground:

1.  Improper Surface:  Because nearly 70% of playground injuries are caused by falls to the ground, it is crucial that the proper surface be used to lessen injury.  Too many playgrounds use concrete, grass or dirt as the surface.  Those are simply too hard.  If cities and/or entities are inviting kids to play on their playground, they should use shredded tires and rubber mats or bark mulch or sand.  These cushion falls much better and can prevent or reduce the chance of injury.

2.  Swings & Slides:  Too often swings are placed too close to other equipment resulting in injuries.  Also, metal and wooden seats are more dangerous than soft seats.  Slides need to be well-anchored and have firm handrails and good traction on the steps.  There should also be a bar at the top of the slide so that children have to sit down before they go down the slide.

3.  Climbing Dangers:  Kids love to climb.  Cities and entities know that.  Thus, they need to take better precautions to avoid climbing injuries.  Steps and handrails must be in good condition.  Any raised platform needs to be guarded by a guardrail or barrier surrounding it.

Kids are kids.  They will all get their share of bumps and bruises, especially on the playground.  However, if those bumps and bruises turn into preventable broken arms and other serious injuries, then the playground owner/operator should be held responsible.  The owner/operator knows who they are catering to when they open their playground.  They are required to take steps to prevent preventable injuries.

If you child has been injured in a playground accident (whether at a park or a pizza place), you need to consult with an attorney before talking with the insurance companies.  My firm has been representing families who have had children injured while playing for over 52 years.  To contact me to discuss your possible case, simply click here.

Ignored Seat Belt Injuries Could Result in Death of Children

Seat belts can raise the risk of serious injury to children in car accidents according to a recent report.  Sadly, a wonderful family and clients of mine know this too well. 

After a car accident wherein their 5-year-old precious daughter was seat-belted in, this little girl ended up dying the next day because the seat belt caused an internal bruise to her colon which led to sepsis.

A report published in the August issue of the Journal of Spinal Cord Medicine highlights this problem.  "In the event of a car accident, seat belt injuries such as bruising and tenderness should warrant a search for other injuries, including spinal-cord injury, vertebral fractures, and intra-abdominal injuries.  If injury is missed or not diagnosed early, the consequences can be devastating," said Harsh Grewal, the author of the study.

The study, performed by Temple University School of Medicine and Hospital, recommends that when emergency room doctors or other health care professionals see bruising or seat belt marks in pediatric car accident victims, they should have a high degree of suspicion about more serious injury.

Car accidents, the most common cause of injury and death in children, are also the most common caused of spinal cord injury in children and adolescents.

If your little one is involved in a car accident and has any signs of bruising or seat belt marks or has tenderness in his or her belly, demand that a CT scan with contrast be performed to rule out any hidden injury.  This could save your little one's life.

It has been many years since I represented the wonderful family that lost their daughter in this car accident.  Nevertheless, I remember them always and remember what the last words this little girl said to her Dad before she died--"You're a good Daddy, Daddy.  You're a good Daddy."

Florida Governor Crist & CFO Sink, Get Off Your Butts and Do Something to Save PIP

St. Petersburg Times Howard Troxler calls the Governor Dither and CFO Tut-Tut.  He compares them to a pair of jellyfish.  Why?  Because Florida Governor Crist and Florida's chief financial officer Alex Sink aren't doing enough to fix Florida's No-Fault (PIP) system which is to expire in about 6 weeks.

Sure, Governor Crist has expressed concern about it.  CFO Sink even wrote a letter to the Legislature.  However, I agree with Mr. Troxler.  They need to do more!  As Mr. Troxler stated, Governor Crist and CFO Sink should "take a stand.  They should lead the charge to put pressure on the Legislature.  They should bang the drum, preach the pulpit."

The people of Florida have to know that if the Legislature does what the insurance companies want, some of the worst drivers in Florida will be driving with no insurance.  If you are injured by them, you will have to sue them for your medical bills and lost wages.  If a loved one is killed by one of those drivers, an estate will have to be set up to sue the at-fault driver for reimbursement of funeral expenses.

I say, keep PIP! Tweak it if you must, but don't force those not severely injured in car accident to have to sue to simply get their medical bills paid.  Let families bury their dead without having closure until the at-fault driver is sued for reimbursement of funeral expenses.

Contact your Legislature and Governor Crist and CFO Sink.  Tell them to get a backbone and say no to the insurance industry and demand that PIP be re-instated.

To read Howard Troxler's article in its entirety, click here.

Handling a Skid To Avoid a Car Accident

With Florida's afternoon rain, the pavement is often wet when a lot of vehicles are on the road.  Losing control of your car on wet pavement is a frightening experience.  Also, it can result in a car accident.

You can prevent skids by driving slowly and carefully, especially on curves.  You should brake BEFORE entering the curves and not during the curve.  Also, steer and brake with a light touch.

If you find yourself in a skid, remain calm and ease your foot off the gas.  Carefully steer in the direction you want the front of the car to go.  This procedure, known as steering into the skid, will bring the back end of your car in line with the front. 

For cars without anti-lock brakes, avoid using the brakes.  If your car has ABS, brake firmly as you steer into the skid.

Often times, a person is forced into a skid because of the actions of another driver.  The other driver may not even realize that they caused a skid and potential accidents.  If you are injured because of another driver who did not stay or did not know they caused you to crash, you have a right to file a uninsured motorist claim (if you carried this coverage on your policy).

If you are injured in an automobile accident, you should contact an attorney before talking with the insurance companies.  Insurance companies have attorneys looking out for their best interests, so should you!

My law firm has represented those injured in Florida car accidents and work injuries for over 52 years.  If you need further information regarding your rights and responsibilities after a car accident or work comp claim, simply click here.

Florida Leads Nation in Boating Deaths

Florida's waters saw 69 boating deaths last year with 671 boating accidents.  California only had 44 boating deaths with Texas having 47 boating deaths.

Captain Richard Moore with the Florida Fish and Wildlife Conservation opined that most boating accidents occurred because somebody was not paying close attention to what was going on around them.  "If you're attentive, chances of you running into something--or someone running into you--are pretty slim," says Moore.

Alcohol and other abused substances contributed to 15% of all fatal boating accidents last year.  Some say drinking while boating is perhaps more dangerous than drinking while driving a car because there are no white lines like there are on a road to at least keep you going straight.

The majority of deaths occurred from falls overboard.  A whopping 73% of fatal falls overboard took place on calm, inland waters such as lakes, ponds, rivers and creeks.  The sad thing is that most of these deaths are avoidable.  According to the Coast Guard, 85% of the people who drowned in boating accident could have been saved in they were wearing a life jacket.

If you or a loved one has been injured because someone was negligent in operating a boat, you have a right to be compensated for your injuries and your losses.  It is important that you talk with an attorney who understands the nuances of a boating accident claim.  For a free legal consultation of your boating accident claim, simply click here.

Tips To Avoiding A Car Accident In the Rain

As I sit and type this during one of Florida's afternoon downpours, I hear ambulances and firetrucks speeding down the road.  Most likely, they are on their way to another car accident.  I don't know why it is, but some Floridians simply forget their driving skills when it starts to rain.

Here are some tips to prevent a car accident during a rainstorm:

• First and foremost--slow down!  It takes longer to stop or adjust in wet weather.
• Stay towards the middle lanes--water tends to pool in the outside lanes.
• The 3 Second Rule in following distance should be changed to a 5 Second Rule.
• Drive in the tracks of a car ahead of you.
• Avoid using your brakes as much.  Instead, take your foot off the accelerator to slow down.
• Never drive beyond the limits of visibility. 

Now, I know that even if you abide by this tips, someone else may not which could result in a car accident.  If you are injured in a car accident--rain or shine--you should consult with an attorney before talking with the insurance companies.  Insurance companies have lawyers looking out for their best interest after a car accident, so should you!

My office has been representing those injured in Florida car accidents and work injuries for over 52 years.  We understand what is needed for a jury to appreciate the magnitude of your loss after a car accident.  For a free evaluation of your case after a Florida car accident or work comp claim, simply click here.

New Invention Could Avoid Car Accidents

"Heads Up!" is its name.  Designed by Shayle Durkin after just missing a car accident, this invention would provide clear visibility and an early warning to drivers of a disabled or very slow moving vehicle.

Too many of us have had a similar experience--we are traveling behind someone when that person abruptly changes lanes.  To your surprise, he changed lanes because there is a disabled vehicle now directly in front of you.  You slam on your brakes and wish you had more notice of the disabled vehicle.

The Heads Up! attaches quickly to a car window with suctions cups and a bracket.  The device extends a flag with a strobe light on a telescopic rod which allows motorists to see the signal before coming right on top of the disabled vehicle.

The Heads Up! has won several awards at the Invention and New Product Exposition and was honored in the automotive, personal safety, security, novelty and specialty gifts categories.

Heads Up! is expected to be released for consumers in early 2008.  Be on the lookout for this invention.  It could save a life!

If you have been injured because a motorist failed to take steps to move their vehicle off the road or give proper warning of the disabled vehicle, you should consult with an attorney before talking with the insurance companies.  Insurance companies have attorneys looking out for their best interest, so should you.

My law firm has been representing those injured in Florida car accidents and work injuries for over 52 years. We understand what is needed to prove your case.  For a free case evaluation, simply click here.

"Purple Ribbon" Awareness Month May Save A Child's Life

This year, 117 children died in non-traffic related car accidents with 19% of them dying from heatstroke after being left in a car.  In the last decade, 102 children have died in these types of accidents in Florida.

One Florida County Fire Rescue hopes to prevent more of these deaths with a new public safety campaign using fire engines and rescue trucks as advocacy tools.  The goal is to educate the public using posters on the trucks that tell of the dangers of leaving children unattended in cars. 

This program is being kicked off in conjunction with August being "Purple Ribbon" awareness month.  Purple ribbons are used to bring attention to the many children who die in preventable accidents around cars.   

I encourage you to do your part to avoid a child's death.  Don't leave your child in a car--it's against the law for one thing.  Also, if you see a child left unattended in a car, stop and call the paramedics or police.  One call could save a life!!

As a father and an attorney who has represented parents after a death of a child, there are no words that could describe the pain the surviving parents have when they lose a child.  Anything that could be done to prevent anyone from suffering that loss should be done!

National Stop on Red Week Starts Today-Hopefully, To Prevent Car Accidents

96 people dead in Florida from car accidents caused by running red lights.  6,300 people injured in Florida because someone ran a red light.  This week, something is being done to reduced these numbers.

Florida ranks near the top of the list of states for intersection car accidents and third in the nation of car accidents caused by running red lights.  This week, law enforcement agencies are participating in National Stop on Red Week to prevent some of the these car accidents.

Motorist are reminded to:

• Slow down and prepare to stop when a light turns yellow.
• Yield to pedestrians who have the right of way regardless of whether an intersection is marked or unmarked.
• Proceed cautiously through intersections even when the light turns green.
• Come to a complete stop before turning right on a red light.
• Yield to vehicles making a U-turn when turning right on red.

I know from experience how someone running a red light can change someone's life.  When I was 16 years old, a woman ran a red light on U.S. Highway 19 right before crashing into my little Toyota.  As a result, my heart stopped, my hip was broken, my lung was collapsed, my rotator cuff was torn, and I had many other injuries.  Fortunately, I was not a fatality statistic!

If you have been injured in a Florida car accident, you should talk to an attorney before talking with the insurance companies.  The insurance companies have attorneys looking out for their best interest after your car accident, so should you!  For a free case evaluation, simply click here.

Courtesy Can Prevent Car Crashes

It happened to me today.  I'm driving down Belcher Road and someone pulls out right in front of me and then decides to drive really slow to test me.  I would be dishonest if I said I didn't get bothered by this driver, but I know many car accidents occur because drivers are not courtesy to other drivers.

According to AAA, these two basic principles that can prevent car accidents with courtesy:

1.  DON'T OFFEND

Minor driving errors can cause some drivers to get offended and, in some cases, react in a hostile or aggressive manner that could result in a car accident.  Here are some things drivers do that offend other drivers:

• Cutting Others Off:  When you merge, make sure that you have plenty of room to do so safely.  Use your turn signal.  If you make a mistake and accidentally cut someone off, try to apologize.
• Tailgating:  Allow at least a three- to four-second following space between you and the vehicle in front of you.  Nothing angers me more than someone driving too closely to me.  I have represented too many clients whose lives are changed because of rear-end car accidents.
• Driving Too Slowly in the Left Lane:  If you are in the left lane and someone is trying to pass you, put on your turn signal and move into the right lane as soon as it is safe to do so. 
• Gestures:  Almost nothing makes another driver angrier than an obscene gesture.  Even "harmless" expressions, such as shaking your head in irritation (done it -- a lot), can enrage another driver.  Try to use the horn rarely.

2.  DON'T ENGAGE

One angry driver cannot start a fight unless another driver is willing to join in.  Don't be that one.  Instead, take a few deep breaths to cool down and think about doing these things:

• Steer Clear:  Try to give angry drivers a lot of room.  A driver that you may have offended could snap and become seriously dangerous and cause a car accident.
• Avoid Eye Contact:  Looking or staring at another driver can turn an impersonal situation between to drivers into a car collision between the two drivers.
• Get Help:  Use your cell phone to call or police or driver to a place where there are people around.  Whatever you do, do not get out of your vehicle and do not drive home.

I know that even if you do not offend and do not engage, you can still be injured in a car accident when another driver is careless or negligent.  If you are injured in a Florida car accident, you should consult with an attorney before talking with the insurance companies.  The insurance company won't care about you and your injuries, but my staff and I will!

To contact me for a free case evaluation of your Florida car accident or work injury, simply click here.