NOYES LEGAL NEWS

STUDY SAYS HIP-HOP MUSIC CAUSES CAR ACCIDENT & ROAD RAGE

Drivers who listen to rap or hip hop music in their cars are most at risk of car accidents or road rage incidents, according to the UK's Telegraph.
 
According to a survey of over 2,000 drivers by Auto Trader magazine which quizzed motorists about their music, almost half of drivers admit that songs by artists such as Eminem, Dizzee Rascal and Jay-Z, have an adverse effect on their mood and behavior while driving. Nearly one in five drivers says that rap or hip hop music makes them aggressive behind the wheel. By contrast, drivers listening to classical music should be the safest as more than half say it soothes them.

Eminem's 'The Real Slim Shady' is motorists' favorite rap track with three in 10 choosing it, compared to one in four picking Dizzee Rascal's 'Dance Wiv Me'. (Sorry, I have NEVER heard of these songs!!)

Although I agree that music can play a significant role in distractions while driving, I personally am hesitant to classify all hip-hop listeners as bad drivers. I don't understand why they listen to that noise (I see little music in that genre) and why they have to listen to it so loud. The loudness of their hip-hop music at a traffic stop does increase my propensity for road rage--if not theirs.

Drive safely and be respectful of other drivers and watch out for those who don't. If you have any questions regarding your rights after a car accident or road rage incident, click here to schedule a free consultation with Personal Injury Attorney Matthew Noyes. Remember, insurance companies have attorneys working for them--so should you!

Intersection Car Accidents Forever Changes Tarpon Springs Families

Car accidents happen everywhere, but intersections see the most crashes. That's why it is so important to drive safely and watch out for those who don't as you enter intersections. Sadly, two Tarpon Springs families are suffering because of a recent intersection automobile accident.

James H. Russell, an 84-year-old Tarpon Springs man, was killed and his 77-year-old passenger, Kenneth R. Cooper, was seriously injured in a Clearwater car crash Tuesday evening, according to the Florida Highway Patrol.

The car accident happened at 6:22 p.m. at the intersection of Keene and Lakeview roads in Clearwater. Mr. Russell was driving east on Lakeview Road when his 2002 Honda was struck by a 1997 Toyota that was making a left turn onto Lakeview. The Toyota was driven by Andres Lazaro, 16, of Largo, the FHP said. After the initial collision, Mr. Russell's car struck a 1993 Ford driven by Codi Lynn Fortney, 16, of Clearwater.

Car accidents can rip a family apart in seconds with a loss of a loved one. They can also forever change an injured person's life. Take a few extra seconds to look into each intersection before entering it or making a turn. You may be driving perfectly, but someone else may not be.

For information about your legal rights after a Florida car accident, motorcycle crash or other personal injury matter, click here to schedule a free case consultation with Personal Injury Attorney Matthew Noyes. With offices throughout Tampa Bay, Attorney Noyes can accommodate your busy schedule.
 
Remember, insurance companies have attorneys looking out for their best interest, so should you!

First Day of Fall Reminds Us to Think About Fall Prevention

With today being the first day of Fall, the nation focuses proclaims today as Fall Prevention Awareness Day.

According to the Centers for Disease Control and Prevention (CDC), an older adult is treated in a hospital emergency room for a fall every 18 seconds, and every 35 minutes an older adult dies as a result of a fall-related injury. In fact, among older adults, falls are the leading cause of injury deaths. They are also the most common cause of nonfatal injuries and hospital admissions for trauma.

In my personal injury practice, I have represented families who lost a parent after complications from a fall at a business. These deaths are preventable with a bit of care and planning.

If businesses know that their profit is generated by the elderly, they should take steps to prevent slip and falls or trip and falls. Keeping walkway clear of merchandise, displays and carts is one way. Delineating different levels of flooring is key as well. The curb and parking lot needs to be different colors or at least have a yellow stripe. If a business provides steps, make sure they have proper handles to hold on to. These simply steps can prevent a family having to bury their parent after complications from a slip and fall or trip and fall.

Older persons can also take steps to minimize injuries from a slip and fall or trip and fall. Rehabilitation and geriatric specialists provide these tips to older adults and those at risk of falling:

1. Improve strength and balance by exercising regularly.
2. Review with a physician medications that may have side effects on one’s balance.
3. Install brighter lights to increase visibility around and within your home.
4. Keep objects within a reasonable reach.
5. Have step stools and hand railings repaired if loose.
6. Remove or move furniture or obstacles that may be a tripping hazard.
7. Remove slippery rugs or use double-sided tape to secure them to the floor.
8. Keep non-slip mats on surfaces which may become wet such as bathtubs, and consider installing grab bars for use in the shower and bathroom.
9. Have your vision checked annually.
10. Consider having a falls risk assessment by a trained health care professional.

Most falls are preventable with extra care. Look around and take the necessary steps to protect yourself and others by eliminating fall hazards. I'm sure my clients much rather be celebrating their mother's birthday than fighting for change in a lawsuit!

If you have questions regarding legal rights after a trip and fall or slip and fall, click here to contact Personal Injury Attorney Matthew Noyes. Insurance companies have attorneys protecting their interest, so should you!

An ACL Injury Can Sideline A Car Accident Victim As Well

As an alumnus of the University of South Florida, it is disappointing to hear that USF quarterback Matt Grothe is out for the rest of the 2009 season after tearing the ACL (anterior cruciate ligament) in his left knee. I wish Matt Grothe the best in his recovery and hope the Bulls are still able to win without him.

Although this type of injury is often found on the sports field, an ACL tear often happens after car accidents as well. Knee injury from car accident incidents occurs with a sudden violent exterior impact to the knee or a severe twisting or hyperextension of the leg that results in trauma to the knee. In car accidents, a victim’s knee can hit some internal portion of the vehicle upon impact with another object or in rollover accidents. Knee injury from car accident injuries can result from sudden impact between the knee and the vehicle’s dashboard, door, window, and even roof.

In fact, an ACL injury is the most common type of knee injury from automobile accidents. ACL knee injury from car accident incidents occurs when the knee joint is forced into extreme torsion causing the ACL to stretch or tear. The severity of these types of injuries varies depending on the extent of ACL damage. The ACL can tear resulting in mild pain without joint instability, or a complete rupture can occur between the ligament and the bone resulting in severe disability and complete loss of joint stability.

An ACL knee injury from a car accident can be very painful and debilitating. A person may not be able to use the injured knee for an extended period of time and may require knee surgery or supportive braces and other medical rehabilitative techniques.

If you or a loved one has injured their knee in an automobile accident, motorcycle crash or other personal injury matter, you should consult a lawyer to understand your rights. This type of injury could result in substantial medical expenses, pain and suffering.

Click here to contact Personal Injury Attorney Matthew Noyes for a free case consultation. Attorney Noyes' personal injury law firm has been caring for Tampa Bay clients for over 54 years. Insurance companies have attorneys working for them. so should you!

Check Your Car Floor Mats to Avoid Horrible Consequences

Whether or not you drive a Toyota or Lexus, you need to check your car's floor mats and the area around the gas pedal!

Toyota Motor Corp. told U.S. dealers to inspect how floor mats are installed after a California Highway Patrol officer and three family members died in a horrible car accident on August 28th. A preliminary investigation into the fiery car crash indicates it may have been caused by an accelerator trapped by a floor mat, said Sheriff's Department officials.

The car was a loaner car being used by the family while theirs was being repaired. It was equipped with “all-weather” floor mats, designed for Lexus vehicles made between 2004 and 2009. All-weather mats installed in 2007 and 2008 models of the Lexus ES 350 were recalled by manufacturer Toyota in November 2007 due to complaints that, if not properly installed, the mats could slide forward and trap the gas pedal.

The recall explained that when the mat is not in the right position and the accelerator is pushed down, it becomes caught between ribs of the rubber mat and will not release.

Check your car mats now. Also, check to make sure no trash, pens, hairbrushes, cell phone or their holders, children's toys or other item are on the floorboard. Failure to do so could result in a devastating loss.

For information about your rights after a Florida car accident, motorcycle accident or other personal injury matter, click here to contact Personal Injury Matthew Noyes. Remember, insurance companies have attorneys looking out for their best interest, so should you!

How You & Your Child Slide Down the Slide Could Put Them at Risk

You could be hurting your child instead of helping them. According to a recent study published in the Journal of Pediatric Orthopaedics, many young children are suffering tibia fractures as a result of going down a slide on the lap of an adult.

The study was conducted at Winthrop University Hospital and found 13.8% of the tibia fractures reported over an 11 month period were sustained while sliding down a slide on an adult's lap.

"The correlation between a young child sliding down a slide while in an adult's lap has not previously been related to fractures of the tibia," stated study author John T. Gaffney, DO, an orthopaedic surgeon specializing in pediatrics in New York. "Many parents think it is actually safer to hold their toddler while going down a playground slide, but this study may prove otherwise," he added.

According to the study, the tibia fracture occurred either when a young child was in an adult's lap while sliding and placed their leg in a position where it became fixed, while both the adult and child continued moving down the slide or the child's leg became twisted, creating a torque that led to a fracture in the lower extremity.

In the study, all tibia fractures associated with playing on a slide were sustained while going down the slide on the lap of an adult or older sibling.

Although going down the slide with your child on your lap may seem like an enjoyable moment for both, it can result in a horrible memory of a broken leg.

Although this has little to do with my practice of law, as a dad of the most wonderful three-year-old in the world, I thought all Dads and Moms may want to understand this risk. If you see others in the park doing it, you may want to direct them to this study.

Enough is Enough! Don't Mix Tort Reform with Health Care Reform

I try not to be too political, but sometimes I hear too many falsities and I say enough is enough. The shift in the health care reform discussion to tort reform is one of those times. I am tired of radio hosts, television guests and politicians trying to convince America that there are too many medical malpractice lawsuits. The research proves them wrong. Before you jump on their bandwagon, did you know the following?

1. According to the Government Accountability Office (GAO) and Congressional Budget Office (CBO), costs associated with medical malpractice lawsuits are a tiny percentage of health care costs – less than one and a half percent of overall spending.

2. Medical malpractice suits are less than one percent of the entire civil caseload, and have been declining for nearly a decade.

3. According to Harvard research, only one in eight negligently injured patients file a malpractice claim.

4. Researchers at the Harvard University School of Public Health have found that nearly all medical malpractice negligence claims are meritorious with 80% involving physical injuries resulting in major disability or death.

5. One radio host claimed yesterday that all doctors are ordering every test in the book so prevent them from being sued. This is called "defensive medicine." The GAO and CBO have found no evidence of so-called “defensive medicine,” instead determining that some doctors run additional tests to generate more income or help diagnose patients. Even officials from the American Medical Association have told GAO that "defensive medicine . . . is difficult to measure." The CBO and GAO have both concluded that eliminating defensive medicine would have only a minimal impact on reducing overall health care costs.

6. The Institute of Medicine estimates that 98,000 people die each year in the US from preventable medical errors.  This is the sixth leading cause of death in America.

7. Hospital-acquired infections kill 90,000 patients each year.

8. The federal government is big enough. Let the States do their job! 48 states have already enacted medical malpractice tort reform measures. In Florida, if medical malpractice causes the death of an unmarried person with no children under the age of 25, there is NO claim even if the malpractice is clear. Also, if Florida, in order to prove medical malpractice against the emergency room doctor, you have to prove that they acted in reckless disregard--a standard of proof which is nearly impossible to prove.

9. Doctors are not leaving the practice. According to the AMA, the total number of physicians in the United States rose to a record high in 2007--941,304 doctors.

10. Researchers from the National Bureau of Economic Research concluded that the verdicts and settlements in medical malpractice lawsuits do not seem to be the driving force behind increases in malpractice premiums.

Americans have been led to believe that there are hundreds of thousands medical malpractice negligence lawsuits every year and most of them are frivolous. That is false! If any health care reform is needed, Congress must come out with a final bill that decreases the number of medical errors, not bargain away the legal rights of injured patients.

I have a lot of friends that are great doctors! The few bad ones give them a bad name. Punish the bad doctors or get rid of them so the good doctors can take care of us. Don't punish the patient and their family if one of these bad doctors commits malpractice that forever changes their lives.

Lastly, get the Federal government out of the State's business. The States can do the job of tort reform if it is needed--they already have in all but two states.

OK, I'm stepping off my soap box now. But, you should get on yours! To contact your Representative and Senators about ensuring that tort reform stays out of the health care bill, click here and go to the "My Elected Offical" box to determine your Congress persons.

Two Car Accidents Puts 6 in Hospital

As my team and I remain cooped up in our law offices preparing for a jury trial relating to a car accident that starts tomorrow, I take a break to read the news to find out this Sunday is not a good day for driving. Two car accidents results in 6 people in local hospitals.

In Tampa, a semitrailer truck, a truck pulling a five-wheeled vehicle and a small car were involved in a collision on Interstate 75 south of Fletcher Avenue. Four people were taken to Tampa General Hospital, including one in serious condition, according the fire rescue.

In St. Petersburg, the St. Petersburg Fire and Rescue tore off the roof and left side of a maroon Chevrolet Cavalier to extricate a driver after a collision with a gold Jeep. The car accident occurred on 38th Avenue North near 38th Street. Two people were transported to the hospital after this crash.

Drive safely and watch out for those who don't. You never know when your Sunday drive can result in a horrible car crash. Don't get distracted. Keep your vehicle maintained to prevent a breakdown. Be aware of your surroundings. These tips can prevent a horrible car accident with life-changing results.

For information about your rights after a Florida car accident, motorcycle crash or other personal injury matter, click here to contact Personal Injury Matthew Noyes. With offices throughout Tampa Bay, Attorney Noyes can meet your schedule.

Save a Child - Free Child Car Seat Inspections This Saturday

Car accidents are the No. 1 cause of death for children ages 2 to 14 in the United States. Using an appropriate car seat and installing it correctly can help reduce the risk of injury to children involved in automobile accidents. This weekend, you can make sure that your child is safe.

On Saturday, the Clearwater Police Department, in conjunction with AmeriCorps Clearwater and Florida Suncoast Safe Kids Coalition, will celebrate Child Passenger Safety Week 2009 by offering free child car seat safety checks from 10 a.m. to 1 p.m. The event will be at Burlington Coat Factory at Cypress Point Shopping Center, 25813 U.S. 19 N. If you cannot make it this Saturday, appointments for inspections are also available by calling Pinellas County's Child Passenger Safety Seat Hotline at (727) 892-5437 or the Clearwater Police Department at (727) 562-4142.

I suspect my wife will be at this safety check on Saturday while I am at the office preparing for our jury trial. I encourage you to tell others with small children about this event. You being involved could save a child's life.

If you or your child is injured in a Florida automobile accident because of the negligence of another, you deserve protection in our legal system. The insurance companies have attorneys looking out for their best interest, so should you! Click here to contact Personal Injury Attorney Matthew Noyes for a free case evaluation.

 

Report Stirs Question on Whether Cell Phone Use Causes Cancer

Do cell phones cause cancer? Tumors of the salivary gland? Behavior problems? Vertigo? Migraines?

Well, it depends who you ask. Recent scientific studies linking cell phone use with health effects such as brain cancer are showing increasing evidence of harm, according to a report by the Environmental Working Group (EWG), a public health advocacy group based in Washington, D.C. However, other experts roundly criticized the report as a one-sided effort that focuses only on evidence linking mobile phone use with ill health effects while ignoring studies that found no ill effects. Click here to read the entire WebMD article including where your cell phone ranks in the radiation emission guide.

I'm not sure about which side is right about the medical effects of cell phone use, but I am sure that cell phone use while driving can kill or seriously injure you and strangers in automobile accidents. I admit that I use my hands-free Bluetooth cell phone in the car. That's why I know how distracting it can be. Sadly, I also hear stories of how someone else's cell phone use resulted in a car accident which results in them ending up in my personal injury law office.

Drive safely and watch out for those who don't. For more information about your legal rights after a car accident, motorcycle crash or other personal injury matter, click here to contact Personal Injury Attorney Matthew Noyes.