NOYES LEGAL NEWS

Starting Today, Buckle Up or Pay the Consequences

Florida's new seat belt law goes into effect today. Failure to wear one can cost as much as $119.

The new law lets law enforcement pull over vehicles if they see a driver or front-seat passenger not wearing a seat belt even if the car is doing nothing wrong. Before today, investigators could hand out a seat belt citation as a secondary offence only if motorists were stopped for another moving violation.

Something that is not new, but often unknown, is that if you are involved in a car accident and were not wearing your seatbelt, Florida Statute 316.614(10) states that your failure to wear a seat belt in a car accident can be comparative negligence on your part. As a result, a jury could reduce an automobile accident settlement because the injured person was not wearing their seat belt.

So, buckle up to avoid a ticket and drive safely to avoid a car accident. For more information about your rights after a Florida car accident, click here to schedule a free consultation with Personal Injury Attorney Matthew Noyes.

Child's Toy Leads to Car Accident

This could happen to any parent of small children. A child's toy in the car leads to a car accident.

Recently, Florida Highway Patrol reported that too many toys in the car caused a car accident. Troopers say Roberto Reyes was driving with his two kids. Reyes told troopers he signaled to turn into his wife's place of employment when a toy rolled under the brake and prevented him from stopping the car. As a result, he crashed his car into the gas vents on a 7-11 property. After impact, one of the children had an apparent head injury. Both children were taken to the hospital for observation.

It is very important that all drivers make sure that the area around their feet is clear from obstructions. Whether it be the old rippled-up car mat, a child's toy, a cell phone, or other object that falls, it is important that you pull over and remove the obstruction before a car accident occurs. You will be held responsible for any car accident that this causes.

Drive safely and be careful of those who don't. If you or a loved one has been injured in a Florida car accident, you should talk with a personal injury attorney before talking with the insurance companies. Remember, the insurance company has an attorney working for them--so should you!

Personal Injury Attorney Matthew Noyes has been caring for clients after car accidents, motorcycle crashes, workers' comp claims and other personal injury matters for years. His Clearwater personal injury law firm has been serving the Tampa Bay area for over 54 years. Click here to schedule a free case evaluation with Personal Injury Matthew Noyes.

Watch Video of Effects of Text-Messaging and Driving

Wanna watch a video that is a bit scary, but real? Click here to see Car and Driver's report on reaction time while text-messaging. Car and Driver compared the results of text-messaging to the effects of drunk driving, on the same day and under the exact same conditions using real people.

The focus of the test was solely on the driver's reaction time. All of the driving was done in a straight line on an 11,800-foot runway. Given the prevalence of the BlackBerry, the iPhone, and other text-friendly mobile phones, the test subjects would have devices with full QWERTY keypads and would be familiar with text messaging.

After conducting the texting tests on both drivers at 35 mph and 70 mph, the test subjects then drank alcoholic cocktails until they reached the legal driving limit of 0.08 percent blood-alcohol content. They then went back behind the wheel and ran the identical test without any texting distractions.

The results showed even using a straight road without any traffic, road signals, or pedestrians, and looking just at reaction times, the texting results were even worse than the negative impaired driving results.

Text messaging is on the rise, and undoubtedly, some drivers are sending and receiving messages while driving. In December 2008, more than 110 billion messages were being sent each month, up from less than 10 billion just three years ago.

Watch the video and see for yourself. Text-messaging while driving can cause car accidents. These car accidents can result in death or serious injury to you or your loved one.

Drive safely and watch out for those who don't. If you or a loved one is injured in a Florida automobile accident, motorcycle crash, bicycle accident or other type of personal injury, you should contact a personal injury lawyer to discuss your rights and responsibilities.

Personal Injury Attorney Matthew Noyes has been helping those injured in Florida car accidents and work injuries for years. Click here to schedule a free case consultation. Remember, insurance companies have attorneys, so should you!

Tips to Reduce Injury from Text-Messaging

As part of Driver Distraction Awareness Week, let's talk about text-messaging and driving. Simple--don't do it! Text messaging and driving kills people. Pull over and text if need be. Text message while stopped at a traffic light, but don't text-message and drive.

That being said and clear, let's discuss injuries from text-messaging and a study examining better ways to text-message (while not driving) to reduce injury to not just the thumbs but the neck, arm and hand as well. The study was performed at the Sahlgrenska Academy, University of Gothenburg, Sweden. Ergonomist Ewa Gustafsson studied mobile phone habits among 56 young adults who text message on a daily basis. Half of the subjects reported problems with the neck, arms or hands, while the other half had no such symptoms.

The study concluded that text-messagers with neck, arm or hand symptoms tend to use their cell phones differently than seen in a healthy control group. 'Those with symptoms more often text messaged hunched over. Just like when using a computer, such posture should be avoided', says Gustafsson. The study also showed that text-messagers with neck, arm or hand problems tended to use one thumb to text instead of two.

The study concluded with these tips to prevent injury while text-messaging:

 1. Don't sit in the same position for a long time; instead try to vary your position.
 2. Use the chair's backrest.
 3. Relieve your forearms by resting them against a desk or your thighs.
 4. Use both thumbs.
 5. Avoid hunching over for a long time.
 6. Give your thumbs a break when typing long messages.
 7. Don't type too fast.

It can never be said too much-don't text-message while driving. You can severely injure yourself or others. It is simply not worth it.

If you or a loved one is injured in a Florida car accident, click here to schedule a free case consultation with Personal Injury Matthew Noyes. Remember, insurance companies have attorneys looking about for their best interest--you should have you looking out for yours!

Make the Best of Distracted Driving Awareness Week

Stay Alert, Stay Focused, Stay Alive .... Just Drive! That is the theme of this week's Distracted Driving Awareness Week.

No one climbs in their car and thinks, today is a good day to have a car accident and kill myself or someone else, but many persons and families are forever changed because of car accidents or motorcycle accidents.

Today starts Distracted Driving Awareness Week. Did you know that distracted driving accounts for 80% of all car accidents? That a sign that some car accidents can be avoided by dedicated to make sure that we are not distracted behind the wheel.

It is easier said than done. In today's multi-tasking world, drivers are often doing two or three things while driving. However, driver distractions are nothing new. There was a time that windshield wipers were the discussion of driver distraction. Now it's cell phones. But, cell phones are not the only distraction. Eating a sandwich, tending to small children, conversing with a passenger or gazing at objects outside the vehicle occur more frequently and can be just as distracting as talking on a cell phone. There is a reason why Florida banned those bikini-clad hot dog vendors on the side of the road.

Some of these car accidents are avoidable and it is up to you and I to change our ways. Let the call go to voice mail. Stop text-messaging when your behind the wheel. Quit eating or grooming while driving. These small steps can save your life or the life of a complete stranger.

Drive safely and watch out for those who don't. If you or a loved one has been injured in a Florida car accident, talk to a personal injury lawyer. Remember, insurance companies have attorneys looking out for their best interest--so should you! Personal Injury Attorney Matthew Noyes' Clearwater law firm has been caring for clients after car accidents, motorcycle accidents, workers' comp claims and other personal injury matters for over 54 years. Click here to schedule a free case consultation with Personal Injury Attorney Matthew Noyes.

The Value of Dad--After A Car Accident and Always

Dads, it ours turn!! On Mother's Day, I discussed how some insurance companies argue that a stay-at-home parent who is injured in a car accident has no lost wage claim, thus minimizing what they do at home.  I posted an article about the value of a stay-at-home mother wherein a report from Salary.com calculated the value of a stay-at-home mom’s work is $117,000 a year. Now, with Father's Day around the corner, it is only fair that we do the same thing for Dads.

According to the same report, the work a stay-at-home father doesevery day is valued between $78,074 and $155,620 (in Clearwater). With duties of general maintenance worker, facilities manager, van driver, computer operator, laundry machine operator, groundskeeper, cook, psychologist, chief executive officer, and day care center teacher, the study shows that stay-at-home dad work a typical 64.4 hour week.

A father working outside of the home puts in another 33.6 hours a week which adds between $39,469 and $88,749 to Dad's value around the house.

You can see what you or your father’s salary should be based on your number of kids and your zip code by clicking here to use Salary.com’s DAD Salary Wizard. You can even print out a fake check to give yourself or your Dad.

Happy Father's Day to all Dads. I know I am truly blessed to have two wonderful kids and every day is Father's Day to me! My Dad passed away several years ago, but I know he is looking down from Heaven with his big smile on me and my brothers and sisters. Love ya, Dad!!

 

Road Rage Survey--Where Do You Fit In?

We have all seen other do them and if we're honest, most of us have probably done some of them ourselves (I know I have). I'm talking about the most irritating driving habits.

A recent survey commissioned by AutoVantage, a national roadside assistance company, highlights bad driving habits, how other drivers react to them, and which cities are the worst for road rage.

According to the survey, the following driving behaviors drove drivers crazy:

    1. Drivers talking on cell phones.
    2. Others drivers driving too fast.
    3. Tailgaters.
    4. Other drivers eating or drinking.
    5. Other drivers texting or emailing while driving.

And how did calm and collective America react to these and other similar behaviors? According to the survey:

    43% by honking their horn at another driver at least monthly 
    36% by cursing other drivers 
    13% by waving their fist or arms 
    10% by making obscene gestures 
    7% by calling the police 
    1% by slamming into the car in front of them

Road rage causes car accidents. Experts say that one way to reduce road rage is to turn off the thumping rock and roll and go classical--like Beethoven or Mozart (my Mom would be proud).

So, which cities have the rudest drivers? Here is the list according to the survey:

    1. New York 
    2. Dallas 
    3. Detroit 
    4. Atlanta 
    5. Minneapolis 
    6. Phoenix 
    7. Miami 
    8. Houston 
    9. Cincinnati 
    10. San Diego 
    11. Tampa, Fla. 
    12. Chicago 
    13. Denver 
    14. Los Angeles and San Francisco (tie) 
    15. Seattle 
    16. Boston 
    17. Philadelphia and St. Louis (tie) 
    18. Washington, D.C. 
    19. Pittsburgh 
    20. Sacramento, Calif. 
    21. Baltimore 
    22. Cleveland 
    23. Portland, Ore.
 
Don't fuel the fire if another driver participates in road rage against you. Ignore it. Turn Mozart louder if need be. Also, try not to engage in road rage yourself. Not every driver is as good of a driver as you are--accept it.

Drive safely and watch out for those who don't. If you are injured in a Florida car accident, click here to schedule a free case evaluation with Personal Injury Attorney Matthew Noyes.

Could this New Technology Help with a Herniated Disc?

A herniated disc effects many victims of car accidents, motorcycle accidents, workers compensation claims and other personal injury matters (as well as non-personal injury causes). A company, HydroCision Inc., today introduced the "Walk In/Walk Out" option for treatment of herniated discs using their new SpineJet® Percutaneous Access Set.

The new technology for herniated disc procedures uses cutting-with-water fluidjet technology. According to the company, their SpineJet Percutaneous HydroDiscectomy System uses a high velocity water jet to simultaneously cut and remove nucleus to decompress herniated (bulging) discs, quickly, safely, and effectively- without the collateral thermal or mechanical trauma of other surgical modalities - providing relief to patients suffering from back and/or leg pain. The procedure is performed under local anesthesia and on an outpatient basis.

I'm not sure what the docs think of this new technology, but don't be surprised if you start hearing more about this procedure--especially if you are experiencing pain from a herniated disc.

Discuss your treatment plan for your herniated disc with your doctors. However, if your herniated disc is caused by a car accident, motorcycle crash or workers' compensation claim, discuss your legal plan with Personal Injury Attorney Matthew Noyes. Attorney Noyes has been in the personal injury field for over 20 years. His Clearwater personal injury law firm has offices throughout Tampa Bay to serve you.

Fatal Hit & Run Car Accident Reminds Us of Need for Uninsured Motorist Coverage

A hit-and-run car accident--another reason why uninsured motorist coverage is so important.

Sadly, hit-and-run car accidents are on the rise. Last week,53-year-old Geraldine Ford was walking east in a crosswalk at the intersection of U.S. 19 and Moog Road in New Port Richey when a dark-colored pickup truck hit her as he drove north on U.S. Highway 19. Another northbound vehicle, a red sedan, ran over Geraldine Ford again. Neither car stopped as Ms. Ford died in the intersection.

The Florida Highway Patrol is seeking help identifying these two drivers. The pickup truck was possibly a dark blue Chevy Silverado with furniture in its bed. Anyone with information about the crash should call state troopers at (727) 841-4181 or (352) 521-3888, Ext. 173.

This tragic car accident is a reminder that uninsured motorist coverage is very important during these economic times. Many drivers are canceling their automobile insurance coverage, at least their bodily injury liability coverage. If the uninsured motorist causes you injury and you have no uninsured motorist coverage, you will be left responsible for the past and future medical bills and lost wages caused by a negligent driver. Uninsured motorist protects you and your family if this happens. It provides a resource to compensate you for your medical expenses, lost wages, and pain and suffering following a car accident caused by an uninsured motorist.

Check your automobile insurance policy now--before a car accident. If you don't have uninsured motorist coverage, get it. It's that important.

For more information about your rights after a Florida car accident caused by an uninsured or underinsured motorist, click here to contact Personal Injury Matthew Noyes. Attorney Noyes' Clearwater personal injury law firm has been caring for clients after automobile accidents, motorcycle crashes, worker comp claims and other personal injury matters since 1955.

Study Focuses on Property Damage and Not Injuries in Car Accidents

The Insurance Institute for Highway Safety, funded by a consortium of insurance companies, recently conducted tests on various vehicles. Were the tests done to see which car was best designed to reduce injuries in car accidents? Nope! Were the tests done to determine how they can make cars safer in car accidents? Nope! The tests were done to see how much the insurance companies have to pay in property damage after a car accident.

They crashed seven small cars into a barrier representing the bumper of another car at 6 mph, once to the front bumper and once to the rear. They then hit the same barrier at an angle, testing the corner of each bumper, at 3 mph - again once with the front bumper and once to the rear. They calculated the costs associated with repairing the damages from each low-speed crash, and published the total.

Are they even concerned about the injuries to the occupants of the vehicle in a car accident? Institute senior vice president Joe Nolan told the AP that "bumpers should be designed to protect vehicle parts such as grilles and headlights," but in none of the tested cars did the bumper protect those features well. "Damages should cost less than the typical $500 insurance deductible for a collision." Well, we know that means that the insurance companies wouldn't have to pay for anything despite us paying insurance premiums.

If you were at all interested, the test results showed that the Smart Fortwo was best overall. The Chevrolet Aveo, a minicar, is next best. The Honda Fit, Hyundai Accent, Kia Rio, Mini Cooper and Toyota Yaris all received the lowest rating, Poor.

This highlights how the insurance companies are more concerned about their property damage claims and less about the injuries sustained in a car accident. In their quest to try to relate the extent of injuries sustained in a car accident to the amount of property damage, it's no wonder they want the cars to have low property damage costs.

If you or a loved one has been injured in a Florida car accident or motorcycle 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! Click here to schedule a free case consultation with Personal Injury Attorney Matthew Noyes.