NOYES LEGAL NEWS

Too Many Pedestrians Are Being Hit by Cars

A USF student died after getting by a car the other day.  A few days earlier, an elderly person dies after being hit by a car.  Simply, too many many are dying or getting injured as pedestrians.  All involved need to be more careful.

Walkers should do the following:

• Cross at the corner or at an intersection.
• Stop at the edge of parked cares, the curb or other vehicles before proceeding on the road.
• Look LEFT-RIGHT-LEFT for moving cars--THIS IS THE MOST IMPORTANT!!
• Cross when clear, and keep looking left and right.
• Walk, don't run or dart, into the street.
• Look that the tires of cars close to you--if they are moving, get out of the way.
• Walk alertly.  Use your eyes and your ears to increase your safety.  Take the headphones out of your ears!!

Drivers should know that even if the walker is not in a crosswalk, you have a duty to stop and yield the right of way to the pedestrian.  Remember, being hit by a car while you are in a car is bad enough; being hit by a car without added protection often proves deadly.

If you or a loved one is hit by a car, it is important that you talk with an attorney before talking to the insurance companies.  Insurance companies have attorneys; so should you!  Obtain a free case consultation with Personal Injury Attorney Matthew Noyes before talking with the insurance companies.

Drive Safely or You May Be Caught!

With more cars on the road this week, Florida Highway Patrol will increase traffic enforcement on the state’s roadways for the Thanksgiving holiday.  Beginning Wednesday, troopers will crack down on speeders, aggressive drivers and drunk drivers.

“Unfortunately as of last year we had 46 fatalities throughout the five day period, hoping to bring that number down,” Trooper Steve Gaskins said.

In addition to all on-duty troopers, and auxiliary and reserve troopers, FHP will also use airplanes to patrol through Sunday.

“The Thanksgiving holidays are typically times of heavy traffic as people travel to spend time with their families, so we urge everyone driving on our highways during the holiday period to drive carefully,” Director of the Florida Highway Patrol Colonel John Czernis said.  “Allow yourself plenty of time to reach your destination safely, drive sober and buckle up on each and every trip. The holidays are a time for celebration, but we cannot forget safety behind the wheel,”  Czernis said.

If you see drunk drivers or aggressive drivers, report them!  Drivers can call *FHP (*347) to connect to the Florida Highway Patrol to report drunk or aggressive drivers.

If you or a loved one is injured in a Florida car accident this holiday weekend, it is important that you contact a personal injury attorney to discuss your rights before talking with the insurance companies.  Insurance companies have attorneys working for them--so should you!

Read more about Personal Injury Attorney Matthew Noyes and his Tampa Bay Personal Injury law firm who has been caring for clients after Florida car accidents, motorcycle accidents, bike accidents, workers' compensation claims, and other personal injury matters for over 53 years.  You may also contact Personal Injury Attorney Matthew Noyes for a free case consultation.  Although his office may be closed for the Thanksgiving holiday, Attorney Matthew Noyes is always available by sending an email to him.

Beware--Thanksgiving Holiday Driving Is About to Begin!!

It's holiday driving time again!!  AAA estimates that 41 million Americans nationwide will take a trip 50 miles or more from home this Thanksgiving.  Over 2,100,000 of these drivers will be on Florida's roads.

“While it’s clear that the slowing economy has caused many of us to curb spending, this holiday that celebrates family traditions might see actual travel numbers that are better than expected, especially with gasoline prices continuing to fall,” said Kevin Bakewell, senior vice president, AAA Auto Club South. “The lower priced gasoline may persuade some who weren’t inclined to travel to change their minds.”

With so many motorists expected on the roadways, Bakewell recommends that everyone avoid “driver fatigue” and not attempt a long drive home at night, especially if it’s Thanksgiving Day and you’ve eaten a big meal.  “It’s much safer for everyone to get a fresh start in the morning, rather than trying to drive when you feel sleepy,” he said. He noted that the tryptophan in turkey often brings on a feeling of drowsiness and motorists must be aware of that and avoid driving if they feel tired. Additionally, some may consume alcohol with their dinner, and, when combined with the effects of a Thanksgiving feast, it’s best for them to stay put rather than place themselves and others at risk.

Drive safely and be careful for those who don't.  If you or a loved one 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 lawyers--so should you!

Read more about Personal Injury Attorney Matthew Noyes or his Tampa Bay Personal Injury law firm that has been serving Tampa Bay for over 53 years.  You can also contact Personal Injury Attorney Matthew Noyes to arrange a free case consultation.

Another Motorcyclist Dies Because Someone Wasn't Paying Attention

Michael L. Herron, from Zephyrhills, Florida, died yesterday when he was thrown from his motorcycle after a collision with a pickup truck, according to a Florida Highway Patrol report. Michael L. Herron was traveling eastbound on a 1999 Honda motorcycle on State Road 54 near Evans Road when a 1998 Dodge pickup truck driven by Michael J. Deveau was parked in a driveway, waiting to turn left onto State Road 54. Deveau apparently didn't see Herron's motorcycle approaching and turned onto the road directly in the path of Mr. Herron's motorcycle.  The left front and side of the motorcycle hit the truck, went airborne and then landed on an SUV parked at a shopping center. Sadly, Michael Herron died at the scene.

My heart and prayers go out to Michael Herron's family.  A sudden death from a car accident is so far to accept.

This accident is a reminded how crucial the left-right-left maneuver is.  Before beginning your turn onto a street, every driver should look to their left, and then their right, AND THEN THEIR LEFT AGAIN!  So many car accidents and motorcycle accidents occur because people fail to do this.  This extra few seconds may have saved Michael Herron's life.

If you or a loved one is injured in a car accident, motorcycle accident, or other personal injury matter, it is important that you talk with an attorney before talking with the insurance companies.  Insurance companies have attorneys looking out for their best interest, so should you!!

Read more about Personal Injury Attorney Matthew Noyes and his Tampa Bay personal injury law firm that has been serving Tampa Bay area for over 53 years.  For a free case consultation, contact Personal Injury Attorney Matthew Noyes.

Should There Be More Restictions on Teenage Drivers?

Tomorrow, I am giving a presentation to Countryside High School's Driver's Education classes as part of the Great American Teach In.  I look forward to hearing the teenager's insight of the National Safety Council's recommendation for restrictions on teenage drivers.

The policy,available on the NSC website at Graduated Driver Licensing Policy, encourages states to adopt a GDL model for teen drivers under 18 years old with three stages: 1) A Learners’ Permit period of six months or longer during which teens drive with a supervising adult; 2) A Provisional license stage with specific restrictions for unsupervised driving; and 3) Full licensure. The NSC model includes these recommendations for Provisional licenses:

• Unsupervised driving only before 10 p.m.
• No passengers under age 18
• Zero tolerance for alcohol use with mandatory penalties
• Mandatory seat belt use, and
• No use of cell phones or text messaging devices.

Given that car accidents are the number 1 killer of teenagers, I personally don't think these restrictions are too extreme.  Teens with teenagers in the car are more likely to get in car accidents.  60% of night-time fatal car accidents with teenagers occur between 9:00 pm and midnight.  Cell phones and text messaging distract drivers of all ages and distractions are the number one cause of car accidents.

In my personal injury practice, I see too many people getting hurt or dying because of careless drivers of all ages.  Anything we can do to reduce car accidents involving teenagers is a plus!

If you have been injured in a Florida car accident, motorcycle accident, bike accident or other personal injury matter, 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!!

Read more about Personal Injury Attorney Matthew Noyes and his Tampa Bay personal injury law firm that has been caring for clients after Florida car accidents and workers compensation claim for over 53 years.  Thereafter, schedule a free case consultation with Personal Injury Attorney Matthew Noyes to discuss your rights after a Florida car accident or workers' compensation claim.

New Data Show Drinking Age Laws Saved 4,441 Lives Over 5 Years

According to a recent report by the National Highway Traffic Safety Administration, minimum 21-year-old drinking age laws prevented an estimated 4,441 drunken driving deaths in the last five years alone.

NHTSA Acting Administrator David Kelly, who presented the report at a symposium on the subject led by Mothers Against Drunk Driving (MADD) said, “Minimum drinking age laws are among the most effective measures ever used to reduce drunken driving deaths among America's young people.”

In addition to estimating lives saved due to 21-year-old minimum drinking age laws, the new NHTSA study shows that in 2007 alone: frontal air bags saved 2,788 passengers age 13 and older in car accidents; child safety seats saved 358 lives of children age 4 and under in car accidents; seat belts saved 15,147 and could have saved another 5,024 lives had they been worn by all vehicle occupants involved in fatal car crashes.

It is important that we drive safely and be prepared for those who don't.  If you or a loved one is injured in a Florida car accident, it is important that you talk with an attorney before talking with the insurance company.  Insurance companies have attorneys looking out for their best interest--so should you!!

Read more about Personal Injury Attorney Matthew Noyes and his Tampa Bay personal injury law firm who has been caring for clients for over 53 years.  Afterwards, contact Personal Injury Attorney Matthew Noyes for a free case consultation.

Yet Another Florida Motorcyclist Dies in Avoidable Car Accident

Another senseless motorcylce death!! 

58-year-old motorcyclist, Joseph P. Desmond, died in yesterday evening's crash on 62nd Avenue N in St. Petersburg, Florida.  Mr. Desmond was riding his 1978 Harley Davidson westbound on 62nd Avenue N when an eastbound 2005 Nissan Altima turned left into a shopping plaza on the 1000 block of 62nd, police said.  Mr. Desmond's bike collided with the Nissan, and Mr. Desmond was thrown from his motorcycle onto the roadway,  He was taken to Bayfront Medical Center where he was pronounced dead at 6:46 p.m. Wednesday.

We all need to watch out for motorcycles!!  It seems like every week I am writing about an avoidable motorcycle accident.  No wonder some motorcycles are so loud--maybe they will be heard since apparently some drivers cannot see them!

My thoughts and prayers go out to Mr. Desmond's friends and family.  Death is tragic, but an avoidable death is even more tragic!  In my personal injury practice, I have represented many families seeking answers of why their loved one was needlessly killed.  Most times, it boils down to someone not driving safely and carefully.

Everyone must drive safely and carefully and watch out for those who don't!!

New Driving Law Appears to Be Saving Older Drivers

The Florida law requiring drivers 80 years old and older to pass a vision test for driver's license renewal seems to be saving lives.  A study showed that the death rate for drivers 80 years old or older declined 17% after the law was first passed in January 2004. Unfortunately, the study also showed that the overall death rates in Florida car accidents increased between 2001 and 2006.

According to the study, an estimated 7% of Florida drivers failed to meet vision standards and were denied renewal of their drivers' license.

The authors note that two possible reasons to explain the decline are (1) many elderly drivers felt they would fail a vision test so they didn't even try to renew their driver's license; or (2) elderly drivers with vision problems sought vision care to correct the problem.

It is good that this group of drivers have a declining death rate from car accident.  However, there still remains too many deadly car accidents in Florida.  It is so important that everyone drives safely and be prepared for those who don't.

If you have been injured in a Florida car accident, it is important that you talk with an attorney before talking with the insurance companies.  Insurance companies have lawyers working for them--so should you!

Read more about Personal Injury Attorney Matthew Noyes and his Tampa Bay Personal Injury law firm that has been helping families after Florida car accidents, motorcycle accidents, bicycle accidents, and other personal injury matters for over 53 years.  Then, contact Personal Injury Attorney Matthew Noyes for a free consultation.

Hudson Bicyclist Dies in Car Accident

A 32-year-old Hudson man died Tuesday night when a car hit his bicycle, according to a Florida Highway Patrol report.  About 6:20 p.m., the bicyclist was riding his bike east on Bolton Avenue just east of Omaha Street. Troopers said Paul F. Beaupre Jr. was driving behind the bicyclist in a 1992 Plymouth van but failed to notice him.  As a result, Beaupre struck the bike from behind, and the bicyclist was thrown onto the van's hood and then to the ground, troopers said.  The bicyclist died at the scene.

This is a sad reminder of how important it is that all drivers look out for bicyclists.  Even a minor impact with a bicycle can result in death.

To refresh yourself on Florida Bicycle laws, read my prior post on bicycle safety.  It is so important that everyone takes steps to avoid having a family suffer like I am sure this family is suffering.  I represent too many families that suffer tragedies after car accidents, motorcycle accidents and bicycle accidents which could have been avoided with safety. 

For more information on Personal Injury Attorney Matthew Noyes or to contact Attorney Noyes for a free consultation, simply click here.

 

 

St. Petersburg Times Agrees About Florida Workers' Compensation

The Florida workers' compensation system can be horrible for the injured worker.  Despite a desire to get the proper medical care so they can get back to work, an injured worker has to jump through hoops and hurdles and face the challenges of biased doctors the workers' comp adjuster orders them to go to.

Today's St. Petersburg Times' editorial--Getting Workers' Comp Rightaddresses this a bit. The editorial discusses one bias the Florida Supreme Court has tried to put a stop to in a recent case--situations where the workers' comp insurance company has a blank check for attorneys' fees to fight issues that shouldn't have to be fought while the injured worker's attorney is capped at $1,500.00 for fees.  This resulted in many injured workers not being able to get attorneys to fight for benefits.

I am all for making sure that the workers comp system is not abused.  Anyone who has been part of the workers' compensation system knows it is not a system they want to be involved in.  I see very little fraud in the system from the injured workers' side, but a lot of injustice coming from the other side.

I hope the Florida workers' compensation can either be fixed or abolished allowing injured workers to sue their employers if they werenegligent in getting the employee injured.  Right now, they cannot do that.

If you have been injured at work or have filed a Florida workers' compensation claim, it is important that you talk with an attorney who understands your rights and responsibilities under the workers' comp system.  The workers' comp insurance company has attorneys--so should you!

Read more about Workers' Compensation Attorney Matthew Noyesand his Tampa Bay Personal Injury law firm.  Then, contact Attorney Matthew Noyes for a free case consultation.

 

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