NOYES LEGAL NEWS

It's Not Just Whiplash!

After a car accident, many people experience neck and shoulder pain that radiates into the arm. The neck is treated for the tearing and stretching of the ligaments, but the arm pain and hand pain continues. The MRI is negative for a herniated disc, but the patient still has problems from the car accident. A good doctor will investigate whether this patient has a brachial plexus injury. A brachial plexus injury usually happens when your shoulder is pressed down forcefully while your head is pushed up and away from that shoulder (a typical action in a seat-belted rear-end car accident victim).

A brachial plexus injury is an injury to the network of nerves that runs from the spine through the neck into the arm. There are four types of brachial plexus injuries: avulsion (the most severe type in which the nerve is torn from the spine); rupture (the nerve is torn but not at the spinal attachment); neuropraxia (nerve has been damaged but not torn); and neuroma (nerve has tried to heal itself but scar tissue has grown around the injury). Whatever the type of brachial plexus injury, it needs to be treated to prevent permanent restrictions and limitations.
 
To help diagnose the extent and severity of a brachial plexus injury, you may have one or more of the following tests: Electromyography; Nerve conduction studies; Magnetic resonance imaging (MRI); or Computerized tomography (CT) myelography.

The scar tissue that develops because of a brachial plexus injury sometimes must be removed surgically to improve the nerve's function. Surgical repair is often required for nerves that have significant surrounding scar tissue or that have been cut or torn. The type of surgeries include nerve graft (the damaged part of the brachial plexus is removed and replaced with sections of nerves cut from other parts of your body) or a nerve transfer (surgeons take a less important nerve that's still attached to the spinal cord and hook it into the nerve that's no longer attached). Partly because of the risk of muscle atrophy, surgery to repair brachial plexus nerves should ideally occur within three to six months after the injury. The success rate drops greatly if nerve surgery occurs more than a year after the injury.

Brachial plexus injuries can cause permanent weakness or disability. Don't take them for granted, even if they seem minor. See your doctor if you have recurrent burners and stingers, weakness in your hand or arm that lasts more than a few days, neck pain, or symptoms in both arms.

If you are suffering from shoulder, arm and/or hand pain from a car accident, motorcycle accident, or other injury, talk to your doctor about the possibility of having a brachial plexus injury. It is better to be safe than sorry.

If you have questions about your legal rights after a personal injury, click here to schedule a free case consultation with Personal Injury Attorney Matthew Noyes. Remember, insurance companies have attorneys working for them, so should you!

Two Pedestrian Women Hit By Cars Hours Apart From Each Other

Two female pedestrians. Two car accidents. One death and the other with life-threatening injuries.

Yesterday, a pedestrian vs. car accident in Clearwater critically injured Ivonne B. Ramos-Solis as she was hit on U.S. 19. Ms. Ramos-Solis was crossing the highway between Belleair and Nursery roads just before 5 p.m. when she was hit by a vehicle driven by Terry L. Howell, of Ohio. According to reports, the crossing signal was activated as Ramos-Solis was going across the street. Ms. Howell was headed eastbound on Nursery Road attempting to turn north on U.S. 19 when he struck the woman, she said. Ramos-Solis was flown to Bayfront Medical Center with life-threatening injuries.

Later that night, a 72-year-old woman who lived in an assisted-living facility was hit by a car and killed in Brandon as she crossed Bloomingdale Avenue. Reports indicate that at about 10:45 p.m., Julia Jacobson, of the Claridge House at the Bridges in Riverview was hit by a 2008 Toyota driven by 21-year-old Joseph Stevens, of Valrico. Ms. Jacobson died at the scene.

The Christmas season will be forever changed for the Ramos-Solis family as well as Ms. Jacobson's family. I am sure that the drivers of the car will also be affected because of the accidents.

These two pedestrian accidents should serve to remind us to watch out for pedestrians. Look at the crosswalks before making your turns. Look ahead of you to spot pedestrians that could pose a threat of walking out into the road. Be proactive when you drive so you don't have to be reactive.

Drive safely and watch out for those who don't. If you have questions about your legal rights after you or a loved one is hit by a car, click here to contact Personal Injury Attorney Matthew Noyes. Remember, insurance companies have attorneys working for them--so should you!

What To Do After a Parking Lot Car Accident

Parking lot car accidents happen much more often this time of year! With the malls being packed with Christmas shoppers and drivers racing to get to the next open space, collisions (and tempers) are bound to rise.

 

If you are involved in one of these parking lot accidents, be expected to be blamed (at least partially) for the crash. To protect yourself from apportionment of fault, here are a few things to do: 

 

• Immediately upon impact, check to see if the person who hit you was on their cell phone or looking away.

 

• Leave your car exactly where it was when you were hit and get out and take pictures. Pay particular attention to taking pictures of how your car was positioned at the time of impact. If you were almost out of your parking spot when another car hit you, that helps limit your responsibility.

 

• Take picture of where the other car was at the time it hit you. If they moved the vehicle after impact, take pictures of where the car was at impact.

 

• Get witnesses' name and contact information. Most parking lot accidents end up being a "he said-she said" type of scenario because no one obtained witness information. This is very important if you were not at fault.

In most parking lot accidents, the driver's head is turned looking towards the back or sides of the vehicle. This head positioning can result in different types of injuries then if you were looking forward. It is important that you tell your doctor how your head was positioned at the time of the crash.

 

There are a few things you can do to avoid being involved in a parking lot accident. Here are a few:

• Parking far away from other vehicles, if possible
• Using a turn signal when making a turn in a parking lot or parking space
• Paying extra attention when pulling into and backing out of parking spots
• Driving slowly through parking lots
• Being careful when entering and exiting a parking lanes (a vehicle near the end of the lane could be pulling out)

Injuries do occur in parking lot accidents. If your family member or friend is injured in a parking lot accident, you should talk with an attorney before talking with the insurance companies. Remember, insurance companies have lawyers looking out for their best interest after your accident, so should you! Click here to schedule a free case consultation with Personal Injury Attorney Matthew Noyes.

TIPS FOR THANKSGIVING SAFETY

Happy Thanksgiving Weekend to You and Your Families! To prevent you or your friends and family from having to come see me or another personal injury law attorney because of a car accident over the holiday weekend, here are a few tips for your holiday travel:

-Have your vehicle checked by a good mechanic for the following: brakes, battery, fluid levels, tire pressure, light bulbs and any parts that need regular maintenance.

-Plan your route. Do you have maps in case there are detours? You may need to look on the state Department of Transportation's web sites for road closures or slowdowns.

-The Wednesday before Thanksgiving and the Sunday after are when you can expect the most traffic. Consider changing your travel dates if you have any flexibility.

-Are you prepared for roadway emergencies? Bring along a first-aid kit, flashlight, blankets, drinking water and snacks, along with flares and jumper cables and an ice scraper.

-Make sure your cell phone is fully charged.

-If your vehicle breaks down on the roadway or you have a minor collision, it is vitally important to remove your vehicle from the flow of traffic and off the roadway, if at all possible.

-Never try to get out and push the vehicle or look under the hood in the flow of traffic.

-If you are changing a tire, be mindful of the traffic around you.

-If you are traveling into other states where you are unfamiliar with the roadways, pay close attention to speed limit and other roadway signs giving you instructions.

-Be patient. Do not tail gate. Keep a safe following distance and refuse to engage in aggressive/combative driving.

-The Highway Patrol does not recommend driving all night to avoid traffic. Most people will not get the extra sleep in advance of their trip and risk extreme fatigue. Also, drunken driving collisions are greater during the nighttime and early morning hours.

-Double check children's car seats. Make sure the seat is attached tightly to the vehicle seat and the harness and straps are on tightly and properly.

-Be aware of the sedating effects of a heavy meal. It is best to avoid a long trip right after your Thanksgiving meal. If you have to travel, try to get in a nap first.

Be safe this Thanksgiving weekend and watch out for those who aren't. If you have legal questions over the holiday weekend, please feel free to email me at MatthewNoyes.com or call me at 727-724-7800. We will be able to address your questions despite our office being closed

What You Post on Facebook Could Bite You!

Be careful what you post on Facebook! It could have detrimental effect on your insurance claim or lawsuit.

A Canadian woman knows this now. She says that her long-term disability benefits were terminated because the insurance company found photos of her on Facebook in which she appeared to be having fun.

The woman had been on leave from her job for the last year after being diagnosed with major depression. Because of it, she was receiving monthly sick-leave benefits from insurance giant Manulife. When the benefit stopped coming, she called Manulife and was told she was available to work because of Facebook. She said her insurance agent described several pictures the woman posted on Facebook, including ones showing her having a good time at a Chippendales bar show and at her birthday party.

The woman states that Manulife apparently argues that these Facebook photos are evidence she is no longer depressed. However, the woman states that on her doctor's advice, she tried to have fun, including nights out at her local bar with friends and short getaways to sun destinations, as a way to forget her problems.

Be careful what you post on Facebook. A picture of you smiling could result in an insurance company arguing that you were not injured in a car accident or workers' compensation claim. The insurance companies conveniently forget that a photograph is simply a snapshot of that moment of time and not indicative of the Hell an injured person sometimes have to go through after being injured in an automobile accident, motorcycle crash or work comp claim.

For more information about your rights after a Florida car accident, workers compensation claim or other personal injury matter, click here for a free case consultation with Personal Injury Attorney Matthew Noyes. Remember, insurance companies have attorneys fighting for their best interest, so should you!

Is Your Car One of the "Top Safety Picks"?

It's not the Emmy's, but it is very important to automakers. The Insurance Institute for Highway Safety awarded its "top safety pick" today to 19 passenger cars and eight sport utility vehicles for the 2010 model year.

And the winners were . . .

Large cars
Buick LaCrosse
Ford Taurus
Lincoln MKS
Volvo S80

Midsize cars
Audi A3
Chevrolet Malibu built after October 2009
Chrysler Sebring 4-door with optional electronic stability control
Dodge Avenger with optional electronic stability control
Mercedes C class
Subaru Legacy
Subaru Outback
Volkswagen Jetta sedan
Volkswagen Passat sedan
Volvo C30

Small cars
Honda Civic 4-door models (except Si) with optional electronic stability control
Kia Soul
Nissan Cube
Subaru Impreza except WRX
Volkswagen Golf 4-door

Midsize SUVs
Dodge Journey
Subaru Tribeca
Volvo XC60
Volvo XC90

Small SUVs
Honda Element
Jeep Patriot with optional side torso airbags
Subaru Forester
Volkswagen Tiguan

Toyota Motor Corp., BMW AG, Mazda Motor Corp. and Mitsubishi Motors Corp. were shut out in the annual IIHS review.

According to IIHS' news release, Top Safety Pick recognizes vehicles that do the best job of protecting people in front, side, rear, and now rollover car crashes based on good ratings in Institute tests. Winners also must have electronic stability control, which research shows significantly reduces crash risk.

"With the addition of our new roof strength evaluation, our crash test results now cover all 4 of the most common kinds of crashes," says Institute president Adrian Lund.

A new requirement for strong roofs recognizes manufacturers with vehicles that provide good protection in rollover car accidents, which kill more than 9,000 people in passenger vehicles each year. The Institute estimates that stronger roofs reduce the risk of serious and fatal injury in single-vehicle rollover car accidents by about 50 percent compared with roofs meeting the minimum requirement.

Front and side impacts and rollover car accidents killed 24,056 passenger vehicle occupants in 2008. Rear-end crashes usually aren't fatal but result in a large proportion of automobile crash injuries. Neck sprain or strain is the most commonly reported injury in two-thirds of insurance claims for injuries in all kinds of crashes.

Even people in the Top Safety Picks cars get injured when a negligent driver hits them. If you or a loved one has been injured in a Florida car accident, click here to schedule a free case consultation with Personal Injury Attorney Matthew Noyes. As a prior car accident victim, Attorney Matthew Noyes understands the upheaval a car accident can have on your life.

New Study Shows Additional Risks of Text-Messaging

We know text messaging while driving can cause deadly car accidents, but can text-messaging at other times also result in serious injuries?

According to a new study highlighted at MedicineNet.com, too much text messaging may increase the risk of neck or shoulder pain. Judith Gold, ScD, an assistant professor of epidemiology at Temple University's College of Health Professions and Social Work, presented evidence at this year's meeting of the American Public Health Association suggesting that the more college students texted, the more pain they reported in their necks and shoulders.

"What we've seen so far is very similar to what we see with office workers who've spent most of their time at a computer," Gold says. "The way the body is positioned for texting -- stationary shoulders and back with rapidly moving fingers -- is similar to the position for typing on a computer.

Gold and colleagues conducted a study of 138 college students to see if correlations exist between the number of text messages sent per day and pain in the upper body. They used body maps for the students to indicate areas of discomfort. The students were asked how many text messages they sent per day.

The researchers say they found an association, only in male participants, between shoulder discomfort and the number of messages punched out. They propose that males might be particularly susceptible to physical discomfort related to texting.

So, be careful in your posture while you send text messages. Never do it while you are driving. No text message is important enough to cause a car accident!

For information about your rights after a Florida car accident, click here to schedule a free meeting with Personal Injury Attorney Matthew Noyes. Remember, insurance companies have lawyers looking out for their best interest--so should you!

Guess Which Cities are Most Dangerous for Pedestrians

Walking may be good for your health, but it also can be deadly—especially if you live in Tampa Bay.

A report released this week finds more than 43,000 Americans–including 3,906 children under 16–have been killed nationwide have died this decade on roads. In the last 15 years, more than 76,000 Americans have been killed while crossing or walking along a street in their community. The report equates this to a jumbo jet going down roughly every month.

The report, Dangerous By Design: Solving the Epidemic of Preventable Pedestrian Deaths (and Making Great Neighborhoods), ranks the 10 most dangerous metropolitan areas for pedestrians. The top four are in Florida.

According to the report, the 10 most dangerous metropolitan areas for pedestrians in 2007-2008 were:

1. Orlando
2. Tampa
3. Miami
4. Jacksonville, Florida
5. Memphis, Tennessee;
6. Raleigh, North Carolina
7. Louisville, Kentucky
8. Houston
9. Birmingham, Alabama
10. Atlanta.

The three safest cities were Seattle; Portland, Oregon; and Minneapolis-St. Paul.

Many of the deaths occurred on streets that have few provisions for pedestrians, cyclists or those in wheelchairs. According to the report, of the 9,168 pedestrian fatalities in 2007-2008 where the location of the accident is known, more than 40 percent were killed in a spot where there was no crosswalk.

The report notes that only one in 10 pedestrian deaths occurred in a crosswalk. Sixty percent occurred on an arterial road where the speed limit was 40 mph or higher.

This report highlights the importance of all drivers being on the lookout for pedestrians and bicyclists to avoid a car accident. Also, walkers need to stay attune to the driving situations. Walkers should not wear headphones-they take the focus off the road. Stay alert to stay alive!

If you or a friend has been injured while walking Tampa Bay streets, you should talk to an attorney before talking to the insurance companies. Remember, insurance companies have lawyers looking out for their best interest--so should you! Click here to arrange a free case consultation with Personal Injury Attorney Matthew Noyes. With offices throughout Pinellas, Pasco and Hillsborough County, Attorney Noyes can accommodate your schedule.

Chain Reaction Car Accident in Clearwater Puts Highway Patrol Officer and Pedestrian in Hospital

A chain-reaction car accident in Clearwater left a pedestrian and Florida Highway Patrol officer seriously injured.

Around 7:10 p.m. on Tuesday, a Florida Highway Patrol vehicle, a 2004 Mercedes and a tow truck were pulled over on U.S. 19 north of Curlew Road in the left northbound turn lane while the FHP community service officer investigated an earlier crash.

According to the St. Petersburg Times, 22-year-old Rlandy Abbarno of Safety Harbor, was heading north in the right travel lane when he lost control and hit the Florida Highway Patrol cruiser. The cruiser knocked into Officer John Manna and a pedestrian, 74-year-old Marion Carl Nest. The cruiser then hit the Mercedes in front of it and the tow truck, FHP said. Officer Manna and Mr. Nest were taken to Bayfront Medical Center.

This is a perfect example of why Florida has the "Move Over" law. Under the Move Over law, all drivers are required to slow to a speed that is 20 miles per hour less than the posted speed limit. Also, if a driver is driving on an interstate or roadway with multiple lanes of travel in the same direction, and you approach an emergency or law enforcement vehicle parked along the roadway, you must vacate the lane closest to that vehicle as soon as it is safe to do so. If you are not able to safely move over, you must slow down to a speed of 20 MPH below the posted speed limit unless directed otherwise by a law enforcement officer. Had this law been followed, Officer Manna and Marion Nest may be at home enjoying time with family instead of being in the hospital.

Follow the Move Over law. It can prevent you from getting a ticket and it could save an officer's (and bystanders') life.

For information about your rights after a Florida car accident, click here to arrange a free case consultation with Personal Injury Attorney Matthew Noyes. Insurance companies have lawyers working for them-so should you!

Car Accident While Text-Messaging Results in Leg Amputation

One person's text-messaging while driving results in another man losing both legs. Stephen Wage Horne was arrested and charged on a count of reckless driving with a serious bodily injury after police say he was texting while driving. According to ABC Action News, documents released by the State Attorney's office indicate that on August 25th Horne admitted to texting on his cell phone as he slammed into the back of a garbage truck. Emmanuel Mejia was in the back of the vehicle loading items when the impact severed his legs.

Real life effects of something that a majority of people do every day. Text-messaging while driving can result in serious personal injury or death. Don't do it. We al survived for decades without the instant access of text-messaging. There is no need to do it while driving.

Drive safely and watch out for those who don't. For information about your legal rights after a Florida car accident, motorcycle accident, or other personal injury claim, click here to schedule a free consultation with Personal Injury Attorney Matthew Noyes. Remember, insurance companies have attorneys working for them, so should you!