NOYES LEGAL NEWS

Fines Going Up for Speeders and Motorcycle Stunts in Florida

Anyone going 50 miles an hour over the speed limit should get really hard with a fine.  Too many car accidents occur because of speeding and other aggressive driving.  Also, motorcyclists who do stunts on the busy roads of Florida should also be penalized.  They are not only putting themselves at risk, they are putting others on the road at risk of a car accident.

Tomorrow, new fines take effect in Florida for drivers going in excess of 50 mph over the speed limit.  These speeders will have to pay $1,000 for the first offense and $2,500 for the second offense.  The third offense is a felony with a possible $5,000 fine and a chance of the speeder losing his or her license for 10 years.  Imagine, in order for this law to come into effect, someone would have to be traveling at 90 mph in a 40 mph speed zone or over 120 mph in a 70 mph speed zone.  Drivers doing that should be hit hard with fines.

Also, another law taking effect on Wednesday is aimed at motorcyclist who perform stunts on the road.  After a third offense, bikers who violate the new law could face a maximum prison term of five years.

Drive safely and be careful for those who don't.  If you are injured in a Florida car accident or work comp claim, it is important that you talk with an attorney before talking with the insurance company.  Insurance companies have attorneys working for them, so should you!  My Tampa Bay personal injury law firm has been representing those injured in Florida car accident, motorcycle accident, bike accidents, work injuries, and other personal injury matters for over 53 years.  For more information as to your rights after a Florida car accident, simply click here.

Another Motorcyclist Seriously Injured After Car Accident

On Sunday afternoon, the sky had a helicopter in it that all would rather have stayed grounded.  The Bayflite helicopter was air-lifting a motorcycle driver, John Daniel Shuman, to Bayfront Medical Center with injured that appear to be life-threatening.

John Daniel Shuman was seriously injured after his motorcycle crashed into the back of a vehicle driven by Raymond Lacombe of Minnesota.  Mr. Lacombe was stopped for pedestrians to cross the street on Gulf Boulevard in Redington Beach.  Mr. Shuman apparently did not notice that Mr. Lacombe was stopped and rear-ended him causing him to be pinned between his motorcycle and Mr. Lacombe's vehicle.

This is an example of how important it is to pay even more attention when riding or driving on the street known to be used by pedestrians.  Gulf Boulevard is typically full of people walking and crossing the street--especially on a beautiful weekend day.  Without 100% attention to your surroundings, sadly, tragedy does happen in the form of a car accident or a motorcycle accident.

If you have been injured in a car accident or motorcycle accident because of the fault of another, it is important that you talk with an attorney before talking with the insurance company.  Insurance companies have attorneys working for them, so should you!  My Tampa Bay personal injury firm has been representing those injured in Florida car accidents, motorcycle accidents, pedestrian accident, work comp matters, and other personal injury matters for over 53 years.  For more information about your rights after a Florida car accident or workers' compensation claim, click here.

Woman Seriously Injured After Being Hit By A Car in Tarpon Springs

Police say a woman was hit by a car after she stepped out in front of a car near Helen Ellis Hospital on Alternate 19 in Tarpon Springs, Florida this morning.  She has life threatening injuries and is at Bayfront Medical Center.

This is a reminder of how dangerous it is to walk on the streets.  It is crucial that all pedestrians pay close attention to their surroundings as they walk on or near the roads.  They should also make sure that they dress in bright colors to be seen.  Drivers also have to be responsible for watching out for pedestrians.  Keep your eyes out far enough ahead of you to see if you are approaching a pedestrian.  Focus on the pedestrians actions to prevent hitting them.

A moving vehicle is usually no match for a person walking on the road.  All of us need to make sure that we don't have to read about other people being injured while walking the streets and roads of Florida.

If you or a loved one is injured while walking, it is important that you talk with an attorney before talking to the insurance companies.  Insurance companies have lawyers working for them after your injury, so should you!  My Tampa Bay personal injury law firm has been fighting for those injured in Florida car accident, motorcycle accidents, bicycle accidents, and pedestrian accidents for over 53 years.  For more information on your rights and responsibilities, simply click here.

Another Young Life Taken Away Because of Car Accident

Jenna Moran was just sixteen year old.  I am sure that she started her day yesterday just like any other day.  Most likely, she went to school, enjoyed her friends' company and told them that she would see them tomorrow.  Sadly, she didn't.  On Wednesday afternoon, Jenna Moran was driving on Hexam Road in Hernando County when another driver crossed the center divider and struck Jenna's car head-on.  Despite wearing her seat belt, Jenna Moran died this morning.

This is a constant reminder how precise life is.  How important it is to kiss your spouse and kids good-bye and to tell them you love them.  You never know when you or they may be involved in a fatal car accident like Jenna Moran was.

My heart and prayers go out to Jenna Moran's family and friends.  In Jenna Moran's memory, drive safely!

TAMPA BAY MOTORCYCLE PASSENGER KILLED, DRIVER INJURED

Motorcycles can be dangerous.  Sadly, another Florida motorcyclist has died after being involved in a motorcycle accident this morning.  According to the Florida Highway Patrol, shortly before 4:00 a.m. today, Paul Gatta was riding his motorcycle with a passenger, Angela Maria Fattausso, when he drove onto the shoulder of the road and lost control of his motorcycle.  The motorcycle apparently overturned in a ditch and smashed into a chain link fence.  Ms. Fattausso died at the scene of the crash.  Mr. Gatta was flown to Tampa General with serious injuries.

My prayers and thoughts go out to the Fattausso family.  I can imagine how horrible it would be to receive a telephone call so early in the morning only to find out that your loved one as passed away in a motorcycle accident.

Drive safely out there and be prepared for those who don't.

Text-Messaging While Driving Kills . . .It's That Simple

The train operator was apparently text-messaging just before the recent horrible crash that killed and seriously injured several people.  The semi-truck driver that smashed into the school bus killing a student admits to being on the cell phone before the crash.  Text-messaging while driving kills.  You simply should not be doing it.

Governor Schwarzenegger signed a bill yesterday that will prohibit California drivers from text messaging beginning January 1, 2009.  The law bans writing, sending or reading a text-based communication while driving a motor vehicle There will be a fine of $20 for the first offense and $50 for each subsequent offense.  California also has a law that limits the use of cell phone by drivers in California to hands-free devices that went into effect on July 1, 2008.

Behind the wheel is not the only time you need to be careful while text-messaging.  This week, a 14-year old Florida boy died from injuries he sustained when he walked into the path of a car while texting on his cell phone as he crossed the road.

Drive safely and be prepared for those who don't.  If you or a loved one is injured in a Florida car accident, motorcycle accident, bike accident, or other personal injury matter, you should talk to an attorney before talking with the insurance companies.  Insurance companies have attorneys working for them, so should you!  For more information about your rights and responsibilities after a Florida car accident or workers' compensation claim, click here.

 

 

Construction Worker Killed on the Job

He was just doing his job placing signs on the shoulder of the road in Lakeland, Florida to get ready for roadwork when he was hit by a car and killed.  Now, Felipe Felix's family is left without him.

This is a sad case. You would think that workers' compensation would take care of the family because he died at work.  Sadly, that does not always happen.  Under Florida Workers' Compensation law, if someone is killed while working after October 1, 2003, the workers' compensation carrier is responsible for payment of funeral expenses up to $7,500 and death benefits up to $150,000.00 for the dependents of the killed worker.  To qualify for benefits, an individual must be both a dependent (a person who received substantial and regular support from the deceased) of the deceased and related as the deceased's spouse, child, parent, brother, sister, or grandchild.  Thus, although is sounds good, if a single worker is killed within the course and scope of his or her employment and no one is dependent on that worker, the workers' compensation carrier is not responsible for payment of anything but funeral expenses--even if the employer was negligent that resulted in the person being killed.  That is simply not fair!!!

Now, if the death was a result of someone else's negligence (like being hit by a car), then the killed worker's family could bring a lawsuit against that person for damages.  However, the workers' compensation carrier has a lien on any settlement from the person who caused the death.

Serious injuries and death in workers' compensation matters are complex.  You should not try to do it on your own.  I strongly urge you to talk to an attorney to understand your rights and responsibilities.  The workers' compensation carrier has attorneys working for them, so should you! 

My Tampa Bay personal injury law firm has been representing those injured in workers' compensation matters, automobile accidents, motorcycle accidents, and other wrongful death claims for over 53 years.  To obtain more information on how we can help you after a Florida car accident or workers comp claim, simply click here.

Ways to Avoid a Car Accident with an Aggressive Driver

Every day, aggressive drivers take out their anger on unsuspecting drivers which can result in car accidents.  According to a report from the AAA Foundation, road rage resulted in more than 200 deaths and over 12,000 injuries during car accidents over a 6-year period.  Don't become one of them!

One way to avoid having a car accident due to an aggressive driver is to learn to avoid responding to aggressive driving with anger.  Here are a few tips:

1.  Avoid stressful situations when possible such as driving in high traffic conditions.

2.  Practice calming routines like deepbreathing when under duress.

3.  Listen to soothing music that helps to relax. 

4.  Keep a sense of humor.

5.  Don't respond to verbal assaults or resort to using gestures in retaliations for aggressive behavior on the part of other drivers.

All the caution in the world cannot guarantee that a car accident because of an aggressive driver won't happen.  If you or a loved one is injured in a Florida car accident because of the actions of an aggressive driver or have been the victim of road rage, email Attorney Matthew Noyes with Perenich, Carroll, Perenich, Caulfield, Avril, Noyes & Perenich, P.A.  Insurance companies have attorneys working for them, so should you!

Retraining After a Florida Workers Comp Injury

Too many Florida workers are injured in a workers' compensation injury that prevents them from returning to their line of work.  There is an opportunity--albeit a small opportunity--to get retrained in a different profession after reaching MMI from your workers' comp injury.

The Florida Department of Education oversees the retraining program.  The injured worker must file a request for training.  Within 10 days after receiving the request, the Department will assign an evaluator to decide if training and education is appropriate within 30 days.  The rules provide that the Department will not approve a training program if any of the following is true:

1.  The claimant has filed a claim for Permanent Total Disability benefits.

2.  The injured employee's medical condition is unresolved or unstable.

3.  The injured worker has reached MMI and returned to and maintained suitable gainful employment for at least 90 days.

4.  The injured employee refuses to accept reemployment services from the Department.

5.  The claimant has returned to suitable gainful employment as a result of placement services provided by the Department.

6.  The claimant has no documented permanent physical restrictions related to the injury.

7.  The claimant has transferable skills that would allow return to work in suitable gainful employment.

8.  The claimant was terminated by the employer for good cause unrelated to the injury or any restrictions or limitations resulting therefrom; or

9.  The claimant terminated suitable gainful employment for reasons unrelated to the injury.

If the injured worker is accepted for retraining, the workers' compensation carrier is responsible for payment of indemnity benefits while the injured worker is retraining.  However, if your workers comp injury occurred after October 1, 2003 and you have been paid 104 weeks of temporary indemnity benefits, the carrier is NOT responsible for retraining indemnity benefits.

If you have been injured at work in Florida and have or need to file a Florida workers' compensation claim, it is important that you talk with an attorney about your rights and responsibilities.  Don't try to go it alone!  The workers' compensation carriers have attorneys working for them after your work comp injury, so should you!

My Tampa Bay personal injury law firm has been representing those injured in Florida workers comp claims and car accident for over 53 years.  To get more information about your Florida work comp claim or other personal injury matter, click here.

ANOTHER CAR ACCIDENT DURING LEFT TURN INJURING MOTHER & TWO CHILDREN

A mother and two children were injured recently in a car accident near Westfield Commons Shopping Center.  Margarita Hall was broadsided by a 1998 Jeep Cherokee when she was turning to turn left off Main Street towards the Shopping Center.  The mother and her 13-year-old son suffered non-life-threatening injuries.  However, a 13-year twin sister was hospitalized in critical condition according to the St. Petersburg Times.

This is another example how a family can be changed because of a car accident.  I am certain that Ms. Hall and her twins never thought they would be involved in a car accident and praying for their loved one to recover.  Car accidents can happen within seconds.  It is important that everyone drives carefully and be prepared for those who don't.

Left turns often result in car accidents.  That is one reason why the State is eliminating the left turns on portions of U.S. Highway 19 in Clearwater.  Also, many people will take several right turns to make their left turn to avoid the risk of a car accident.

Before you drive today, tell your spouse and kids you love them.  Sadly, you never know if you will have the chance to say it again.  My prayers and thoughts go out to the Hall family and wish a speedy recovery for their loved one. 

For more information on what to do after a Florida car accident, simply click here.