NOYES LEGAL NEWS

Celebrate Super Bowl Weekend Safely

Last year, 48% of the deaths that occurred in car accidents on Super Bowl Sunday involved motorists who had a blood alcohol content of .08 or higher.  This is significantly higher than the national yearly average of 32%.  Thus, it is important that we celebrate safely on Super Bowl Sunday and watch out for those who don't.

Here are a few tips that could save your life:

1.  Designate a sober driver before the party begins.

2.  If you have been drinking, call a taxi or a friend to pick you up.

3.  If you can, spend the night where the party is going on and sleep it off.

4.  Report impaired drivers to law enforcement.  This could save someone's life.

I'm all for enjoying the big game, but do it responsibly.  Drunk driving can forever change your life--and could end it for you or strangers.

If you or a loved one is injured because of a drunk driver, you may be entitled to punitive damages.  To get more information on your rights after a car accident, contact Personal Injury Attorney Matthew Noyes.

Tim McGraw Song Reminds Us of the Risk of Drinking & Driving

        Stopped to have a few at five now you're crossing that center line for the third time.
        Second time like this this week had a friend ask you for your keys
        You said 'no I'm fine'
        You sure do act like you don't got a thing to lose
        But every car you pass might be the one's you take with you.

These are the first few lines of Tim McGraw's new song, "Nothing to Die For".  This song is a good reminder of the risk of drinking and driving.  I particularly like the last line because it highlights that drinking and driving doesn't only put the drunk driver at risk, but every car he or she passes.

I'm not here to preach, but when there is something that reminds me of my actions, I like to share it.  If it stops me or someone else from drinking and driving, it has served its purpose.

Drinking and driving can kill.  It can kill you and it can kill innocent people.  It is easy to say, "Don't do it!".  It is probably better to say, "Think about what you are about to do and the innocent people who can be killed or seriously injured because you 'crossed thatcenter line for the third time.'"

Drive safely, but be alert for those who don't.  For more information about your rights after a Florida car accident, click here to schedule a free case consultation with Personal Injury Attorney Matthew Noyes.

Brooksville Bicyclist Killed After Being Hit By Car Reminds Us To Review Bicycle Laws

David Williams, a51-year-old Brooksville man, was killed after being struck on his bicycle Tuesday night by a driver who police say left the scene.  The vehicle plowed into David Williams at about 8:30 p.m. while he was riding north on Broad Street in an area between Saxon Avenue and Mondon Hill Road, just east of downtown, according to Brooksville Police.  Williams later died from injuries suffered in the collision.

We should all brush up on Florida's bicycle laws to avoid another one of these unnecessary deaths.  First of all, a bicyclist on a roadway must ride on the side for his direction of travel.  Riding against traffic increases crash risk and is a factor in about 15% of bicycle-car accidents.  It is believed that Dr. Williams was following this law when he was struck and killed.  Secondly, Florida law requires all bicycles operated between sunset and sunrise to be equipped with a lamp on the front exhibiting a white light visible from 500 feet  to the front, and both a red reflector and a lamp on the rear exhibiting a red light visible from 600 feet to the rear.

Drivers need to be careful with the increase of bicyclists on the roads.  Certainly, if you feel that you strucka bicycle, you are legally and morally required to pull over and provide assistance and not drive away. 

My thoughts go out to David Williams' family.  I hope this senseless death will remind other all motorists drive safely, and remind bicyclists to be prepared for those who don't.  If you are injured in a Florida car accident, bike accident, motorcycle accident or other accident, you should consult with an attorney before talking with the insurance companies.  Insurance companies have attorney working for them after your accident, so should you!

My Tampa Bay personal injury law firm has been representing those injured in Florida car accidents and bike accidents for over 53 years.  To contact me to discuss your rights, simply click here.

WATCH OUT FOR RENTAL CARS THIS SUPER BOWL WEEK

They are some of the worst drivers.  People that come to the Tampa Bay area from somewhere and are unfamiliar with the roads.  They sometimes stop in the middle of the road to read road signs.  They sometimes take immediate turns--no matter what lanes they are in.  Unfortunately, they are often driving rental cars.

If these tourists are driving my car or your car, you and I (as well as the tourist) would be responsible for their negligence.  Under Florida's dangerous instrumentality doctrine, the owner of the vehicle is responsible for the actions of those drivers he entrusted his car to.  That is, unless the owner is a rental company!!

In 2005, the Federal government trampled into our state law to protect rental car companies.  Under the Graves Amendment, rental car companies--the owners who get paid to entrust vehicles--are not responsible for the negligence of the drivers. 

Personally, I think this is wrong!  The rental car companies can incorporate the cost of liability insurance into the price of the rental car--we individual owners cannot.  The rental car companies can run driving records on those who want to rent a vehicle and charge prices accordingly--we individual owners cannot.  The rental car companies are in the business of putting distracted lost persons onto our streets--we individual owners are not.

If you or a loved one is injured in a car accident because of the negligence of the driver of a rental car, you may have a difficult time being compensated for your medical bills, lost wages and pain and suffering.  If the rental car driver is from Canada or Europe, good luck getting insurance information from them, much less trying to serve them with the lawsuit.  If the rental car driver is from Pittsburgh or Phoenix, it will also be hard getting the lawsuit served and prosecuted.

Check your car insurance policy today to make sure that you have uninsured motorist coverage.  This coverage could protect you in the event of a car accident caused by the negligence of a distracted tourist driving a rental car.  It is obvious that the Federal Government has more interest in protecting rental car companies than you and I!

To learn more about your rights and responsibilities after a Florida car accident, click here to schedule a free case consultation with Personal Injury Attorney Matthew Noyes.  Insurance companies have attorneys--so should you!

ST. PETERSBURG MAN WALKING HIS BIKE ACROSS STREET IS HIT AND KILLED

James Allen was walking his bike across 34th Street (U.S. Highway 19) in St. Petersburg, Florida.  Brian Aldrich was driving his vehicle on 34th Street at the same time.  Sadly, the two strangers met after Brain Aldrich struck James Allen with his car.  James Allen was taken to Bayfront Medical Center where he was pronounced dead.

Police said Brian Aldrich was driving on 34th Street N when he passed another car and saw James Allen pushing a bike and stepping into his lane. Aldrich said he couldn't stop in time and ended up hitting Allen and his bike.

This is a sad reminder of how dangerous driving can be.  Many accidents occur during lane changes.  It is crucial that all drivers pay close attention to their lane and the lane they are intending to enter before making the lane changing.  Also, it is very important that all walkers use the "Look Left-Right-Left" before entering the roadway.  It is amazing what is missed on the first look to the left.  A few added seconds to look again can save a life.

Drive and walk safely and be careful 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 company.  Insurance companies have lawyers looking out for their best interest--so should you.  Click here to contact Personal Injury Attorney Matthew Noyes.  His Tampa Bay personal injury law firm has been caring for clients since 1955.

 

MORE AND MORE UNINSURED DRIVERS INCREASES NEED FOR UM COVERAGE

Nearly one out of four drivers in Florida are driving with no car insurance, according to a recent report from the Insurance Research Council.  This makes Florida one of the 5 states with the highest uninsured motorist rate.  Sadly, with this economy, these numbers will increase.

This makes it even more important that you protect your family with uninsured motorist/underinsured motorist (UM) coverage.  This uninsured/underinsured motorist coverage protects you with coverage in the event you or your family is injured in a car accident caused by a driver with no or little liability coverage.  It is the most important insurance coverage you can have.

I met with a client the other day who was severely injured in a car accident caused by another driver.  My client had $100,000.00 in bodily injury (BI) coverage, but rejected uninsured motorist coverage.  In essence, he was protecting everyone but his family with $100,000 in insurance benefits.  Unfortunately, the person who caused his car accident did not carry liability coverage.  Thus, this client is left responsible for all unpaid medical expenses, unpaid lost wages and receives no compensation for his pain and suffering.

Check your insurance coverage today.  If you don't have uninsured motorist coverage, get it.  If you cannot afford it, look into reducing your liability coverage and use those funds to purchase underinsured motorist coverage.  Don't realize it until after a car accident.

If you are injured in a Florida car accident, it is important that you talk with an attorney before talking to the insurance companies.  Insurance companies have attorneys working for them--so should you!  Personal Injury Attorney Matthew Noyes' law firm has been representing families after car accidents and workers' compensation claim since 1955.  Click here to schedule a free case consultation with Personal Injury Attorney Matthew Noyes.

Construction Worker Falls Off Roof of Publix Being Built

A construction worker was seriously injured recently when he fell 18 feet through a hole in the roof of the Publix Supermarket being built at 66th Street and 18th Avenue North in St. Petersburg, Florida, according to firefighters.  The unidentified worker of Hawkins Construction was walking backward on top of the store about 11:42 a.m. when he fell through a shaft used to access the roof, said St. Petersburg Fire Rescue Lt. Joel Granata.

Clearly, someone was negligence for allowing a hole in the roof to be exposed without any protection around it.  Sadly, the Florida Workers' Compensation Act prevent this worker from being any civil action against his employer OR any subcontractor who may have been negligent.  This is called vertical and horizontal immunity.  Although the injured worker is entitled to workers' compensation, as you have read in prior posts, the workers' compensation benefits provided under the Florida Workers' Compensation Act are quite limited.

If you or a loved one is injured in a Florida workers' comp claim, it is important that you talk with an attorney to understand your rights.  Personal Injury Attorney Matthew Noyes has been fighting for workers' comp benefits for his clients for years.  The workers' compensation carrier has attorneys working for them--so should you!  Click here to schedule a free case consultation with Personal Injury Attorney Matthew Noyes.

SPRING HILL WOMAN DIES AFTER CAR ACCIDENT

Alice A. Murray, age 40, died from injuries she sustained after being thrown from her vehicle during a Tuesday night accident on St. Augustine Drive in Spring Hill, Florida.  Her passenger, 43-year-old Trisha L. Ely of Spring Hill, remains in critical condition at St. Joseph's Hospital in Tampa.

Police said Ms. Murray was driving westbound on St. Augustine Drive approaching Viking Street at about 8:25 p.m. when she went onto the north shoulder.  Ms. Murray apparently over-corrected and her 1995 Isuzu SUV rotated and overturned. She was ejected and taken to Spring Hill Regional Hospital with critical injuries.

This tragedy is a reminder how quick life can end in a car accident.  My thoughts and prayers go out to the Murray and Ely families.  It is events like these that make it imperative that you tell your spouse and kids that you love them every time you get behind the wheel.  Sadly, you never know if you will see them again.

A car accident can change a family forever.  It is important that you understand your rights after a car accident.  Sadly, most insurance companies will not always be looking out for your best interest.  Your attorney will.  Insurance companies have attorneys--so should you!  If you have questions after a Florida automobile accident, contact Personal Injury Attorney Matthew Noyes.  He will fight for you!

 

AGGRESSIVE DRIVING WON'T GET YOU THERE FASTER

It's not a good idea to try to make up time on the road when you are late. When you try to do this, it often results in speeding, sudden and multiple lane changes, cutting other drivers off, tailgating, or going on private property or off the road to get around obstacles or slower drivers. This driving is dangerous to you and all on the road.

Why do it?  In most cities, on city streets or boulevards, the traffic lights are "timed." For example, in theory, if a street is timed at 45 mph, and you start from a new green light, accelerate promptly to 45 mph and hold that speed, provided you have no traffic in front of you, you would hit every succeeding light green for as long as the street remains "set" at 45 mph. This also means that if you drive faster than 45 mph, you will encounter almost every red light that is possible on that street! It is therefore almost impossible to make up time on city streets -- you might make it through one light, but after that you're going to hit a lot of red ones. Traffic considerations on city expressways also limit how much time you can make up when you are in a hurry.

What should you do? First off, allow yourself an early start so you can get to your destination without having to rush. When that's not possible, and you are unavoidably late, or traffic is extraordinarily snarled, then relax and recognize that getting impatient and making driving errors that may cause you to have a collision won't really save you any time. If you're going to be late anyway, does your boss really care if it is seven minutes or nine minutes? Late is late, so there's no point in getting more stressed about it.

God forbid you get in a car accident, but if you do, can you imagine how much later that would make you?  Not to mention, the injuries you sustain or personal injuries caused to another person because of the car accident.

So, in the words of my three-year-old son--"Slow Down, Speedy!" Listening to a three-year-old could save you a lot of grief and aggravation if it prevents a car accident.

If you or a loved one has been injured because of an aggressive driver, you should talk to an attorney about your rights before talking with the insurance companies.  Insurance companies have attorneys protecting them--so should you.

Personal Injury Attorney Matthew Noyes prides himself in representing those injured in Florida car accidents and Florida workers' comp claim. Click here for a free case consultation with Personal Injury Attorney Matthew Noyes.

Another Motorcyclist Killed in a Collision in Zephyrhills

Benjamin Mower's family will never be able to say good morning to him again.  They will never be able to celebrate his birthday again.  All future holidays will have a void.  Benjamin Mower, a19-year-old Zephyrhills man, died Thursday night after being thrown from his motorcycle in a traffic accident on State Road 54.

According to reports, Benjamin Mower was riding his 2007 Suzuki motorcycle westbound at 6:30 on the highway near Loury Drive when traffic began to slow in front of him. When Mower began to pass in the eastbound lane, the driver of a 2007 Isuzu truck, Gary Frye, Jr., 28, failed to see him and attempted to turn into his path.  Mr. Mower attempted to avoid the collision by braking but slammed into the truck's rear end, troopers said. The crash tossed Mr. Mower from his motorcycle.  Although he was wearing his helmet, Mr. Mower was killed.

Another car accident, another motorcycle death.  My thoughts go out to Benjamin Mower's family (as well as the Gary Frye who also must be suffering emotionally from this crash).  This should be a reminder that everyone needs to be careful on the road.  Motorcycle and cars need to look out for each other before making turns or passing vehicles.  "Look twice, save a life" is more than just a slogan--it can save a family from having to bury a loved one.

For information on your rights and responsibilities after a motorcycle accident, car accident or other personal injury matter, contact Personal Injury Attorney Matthew Noyes.  His Tampa Bay personal injury law firm has been caring for clients and their families since 1955.