NOYES LEGAL NEWS

Ban on Texting While Driving in Florida Unanimously Passes Committee

A bill to prevent car accidents caused by texting while driving made progress during yesterday's Florida legislative session, but it has a long way to go. Despite studies that conclude a texting driver is 23 times more likely to crash than one not texting, a similar bill has died without being passed each of the last three years.

The Senate Communications committee on Wednesday voted 9-0 for the bill (SB 52) imposing a statewide ban on texting while driving but exempts police and other emergency vehicles. The law does not permit law enforcement to pull someone over simply for texting while driving. Instead, it is subject to secondary enforcement. That means police could cite drivers for it only if they had been pulled over for another violation such as speeding. An initial violation would lead to a $30 fine and — if texting resulted in a crash — the driver would be assessed six points. Points lead to increased insurance rates.
 
TBO.com reports that drivers who text do take their eyes off the road for almost 5 seconds, according to the Federal Motor Carrier Safety Administration, which regulates the trucking industry. At 55 mph, a driver can cross the equivalent of a football field while not looking.
 
Those against the bill feel that it allows the government to intrude further into our lives. Instead of creating a new law, they say, police should enforce careless driving and reckless driving laws already on the books.
 
Another question is does a texting ban really reduce car accidents? According to a 2010 study by the Highway Loss Data Institute, which looks at insurance claims, automobile accidents didn't go down in states that banned texting by drivers. In fact, it found that reported collisions went up slightly.
 
Stay tuned to this blog for any developments in this proposed law. In the meantime, drive safely and watch out for those who don't!

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Personal Injury Attorney Matthew Noyes represents those injured in car accidents, motorcycle crashes, bicycle accidents, pedestrian accidents and other types of personal injury matters. His Clearwater law firm – Perenich Caulfield Avril Noyes – is one of the oldest personal injury law firms in Pinellas County. Call Attorney Matthew Noyes now at 727-796-8282 or simply click here to schedule a free case consultation.

Words from President Abraham Lincoln that Every Attorney Should Follow

On this Presidents' Day, words from President Abraham Lincoln - a lawyer before becoming President - come to mind:

Discourage litigation. Persuade your neighbors to compromise whenever you can. Point out to them how the nominal winner is often a real loser -- in fees, expenses, and waste of time. As a peacemaker the lawyer has a superior opportunity of being a good man. There will still be business enough.

After being in a jury trial all week last week, I was reminded of the stress litigation has on my client. Their lives are under a microscope with the insurance company's attorney trying to convince the jury that my clients were not hurt (despite what the doctors say) and that the clients were being dishonest. It is frustrating to see good people do through the litigation process.

That being said, although I can discourage litigation, often times the insurance companies give us no choice but to litigate the case. For example, last week's trial could have been resolved if the insurance company paid about 60% of the jury verdict before the trial. Instead, their arrogance resulted in a verdict twice as much as their final settlement offer before litigation.

No every case should go into litigation--a compormised resolution is best. Although the attorneys' fees are higher in litigation, my clients and I have detailed discussions before entering into litigation. If avoiding litigation is better for the client, then that is the way to go.

Despite all the lawyer jokes, being an attorney does give a person the opportunity to be a peacemaker--to resolve conflict in another person's life through skill and compassion. Admittedly, I have had clients leave because they wanted to fight the battle for the sole purpose of fighting a battle. That is not what our legal system is for. I know many lawyers (on both sides) that are also good men and women partly because they do not abuse our legal system.

On this Presidents' Day, we give thanks to all of them who helped make this Country great. We may not agree with every political decision they made, but nor did we agree to put our own decision-making under the microscope that comes with the position.

 

Why You Should Vote YES on Merit Retention on Florida's Ballot

I try to stay away from politics on my blog, but sometimes I cannot.

On the Nov. 6 ballot, voters can choose whether to retain three Supreme Court justices and four Appeals Court judges. Under Florida law, Florida Supreme Court and District Court of Appeal members are appointed by governors. They stand for retention votes every six years, and to date, no judge has been rejected. However, there is a battle going on this year to remove the Supreme Court Judges and allow Governor Scott to appoint whoever he wants. That would be a mistake.

The three Florida Supreme Court Justices up for merit retention are: Justice R. Fred Lewis, Justice Barbara J. Pariente and Justice Peggy A. Quince. I urge you to vote YES on the merit retention question on this year's ballot. A yes vote means you want them to stay in office, and a no vote means you want them removed.

This isn't a Democrat/Republican issue. Rather, it is a "checks and balances" and "separation of powers" issue.

As most know, Florida's government as three branches. The legislative branch makes the laws--that's a lot of power. The executive branch-the Governor--implements the laws and has the authority to veto laws and keep them from going into effect. That too is a lot of power. The third branch of Florida's government is the judicial branch. The judges balance the legislative and executive branch power combined. It is the judicial branch that is responsible to interpret laws and constitutional provisions. That means that the judicial branch can in the end strike down a law that was passed and implemented by the legislative and executive branches, even if the law is very popular. This keeps the Legislature and Governor in check and balances the government for the people--not the parties.

What if one party (Democrat or Republican) controlled both the Legislative and Executive branches and there was no Judicial Branch? That set-up would result in very one-sided laws for the party (whichever one it is) and not for the people. There would be no check and balance to make sure that the law was constitutional. One party would take control over Florida's politics--this may be fine when your party is in power, but how will you feel when the other party is in power? That would be travesty for Florida.

We may not always agree with the judge's ruling (I know I don't), but that doesn't mean we throw them out because of a particular ruling on a particular issue. Merit retention elections should be based not on any specific rulings but on such factors as scholarship, demeanor, legal knowledge, integrity, judicial temperament, and impartiality. The Florida Bar provides this information on each of the judges up for merit retention.

I urge you to vote YES on merit retention for the future of checks and balances in Florida's government--no matter what political party you align with.

Winters and Yonker Suspended From Practicing Law

Winters and Yonker are two attorneys that have been suspended by the Florida Supreme Court for professional misconduct. They are not permitted to practice law or shall accept no new business for two months (Yonker) or three months (Winters). The Florida Supreme Court ruled that the suspensions will be effective thirty days from yesterday so that Winters and Yonker can close out their practice and protect the interest of existing clients.

The suspensions are a result of the Florida Supreme Court concluding that both Winters and Yonker both engaged in criminal conduct (criminal theft) that reflects adversely on the lawyer's honesty, trustworthiness, or fitness as a lawyer. The Florida Supreme Court found that Winters' and Yonker's conduct in appropriating client files from their employer for their own personal use constituted theft. The Florida Supreme Court also found that Winters' and Younker's conduct in copying client files and maintaining possession of client files with the employer's (Richard Mulholland) permission violated ethical rules. Lastly, the Florida Supreme Court found that Winters and Younker engaged in conduct that was prejudicial to the administration of justice. The Florida Supreme Court's opinion is attached here.

It is one thing to be known as the "aggressive attorneys," but the aggressiveness should not cross the line to unethical or criminal behavior. The clients, nor the legal community, are better off when those lines are crossed.

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Personal Injury Attorney Matthew Noyes ethically represents those injured in car accidents, motorcycle crashes, slip and fall cases, Florida workers' compensation claims and Social Security Disability matters. His Tampa Bay personal injury law firm - Perenich, Caulfield, Avril & Noyes -- has been caring for clients since 1955. For ethical representation for you or a loved one, call Attorney Noyes at 727-724-7853 or simply click here to schedule a free case consultation.

8-Year-Old Teaches All a Lesson on Giving

No legal advice about car accidents, workers' compensation, or Social Security Disability law today. Rather, advice from an Illinois 8-year-old.

8-year-old Wyatt Erber is neighbors with 2-year-old Cara Kielty and friends with Cara's brother. Sadly, little Cara is battling leukemia. While Cara is fighting her battle, Wyatt and his mom entered a scavenger hunt sponsored by a local bank and won $1,000. Instead of Pokémon cards, video games or other toys, this 8-year-old taught us all a lesson -- he gave is $1,000 grand prize to Cara's family to help pay for the Cara's treatment. Oh, the things we can learn from kids!!

"He's always been a very sweet boy," Wyatt's mom said. "I'm very lucky to call him my son." Wyatt, you are a great kid! Mom, you did well! May we all learn from you both.

Click here to read the whole story from ABC News.

 

Review Time on When to Stop for School Buses

It is school time again which means school buses will be out on the road in the mornings and afternoons. Let's all go back to school and review the laws having to do with a driver must stop for a school bus. Failing to follow the law won't get you an "F," but it will get you a $165 fine and possible license suspension.

Florida Statute Section 316.172 governs stopping for school buses. The Florida law states:

"(1)(a) Any person using, operating, or driving a vehicle on or over the roads or highways of this state shall, upon approaching any school bus which displays a stop signal, bring such vehicle to a full stop while the bus is stopped, and the vehicle shall not pass the school bus until the signal has been withdrawn. A person who violates this section commits a moving violation, punishable as provided in chapter 318.

(b) Any person using, operating, or driving a vehicle that passes a school bus on the side that children enter and exit when the school bus displays a stop signal commits a moving violation, punishable as provided in chapter 318, and is subject to a mandatory hearing under the provisions of s. 318.19.

(2) The driver of a vehicle upon a divided highway with an unpaved space of at least 5 feet, a raised median, or a physical barrier is not required to stop when traveling in the opposite direction of a school bus which is stopped in accordance with the provisions of this section.

OK, sections 1(a) and 1(b) are pretty easy to understand. If you are going the same way as a school bus with flashing red lights and has the stop arm extended, you must stop behind the bus and cannot move until the bus retracts the stop arm and turns off the flashing red lights. However, many people fail to read section 2 (especially those driving on Belcher Road) and end up with tickets. In a nutshell, the law states that if you are going the opposite way as a school bus that is flashing red lights and has the stop arm extended, you must stop in front of the bus and cannot move until the bus retracts the stop arm and turns off the flashing red lights UNLESS (a) you are on a divided highway and the one-way roadways are separated by an unpaved space at least five feet in width, OR you are on a divided highway and the one-way roadways are separated by a physical barrier.

But, what is a physical barrier? A barrier is a continuous permanent or semi-permanent obstruction that makes it very difficult for a vehicle or pedestrian to go from one roadway to another. Examples of a barrier are a chain-link fence or a concrete abutment. Traffic cones or trees in a medium are not barriers. Painted lines, pavement markings, and turn lanes are NOT barriers.

How about the 5-foot unpaved space? An unpaved space is a grass, dirt, gravel, water, etc. division between one- or multi-lane roadways going in opposite directions. This space may either be a swale lower than the roadways or a median raised above the roadways. While "paved" sometimes refers only to concrete surfaces, in this context "paved" refers to any hard surfaced permanent ground cover.

Although you now know the law, remember that many drivers will fail to follow it. Thus, to prevent a rear-end car accident, make sure you alert the drivers behind you when you are stopping for a school bus. You can be the best driver in the world, but can still be injured in an automobile accident caused by someone who is not. Drive safely and watch out for those who don't.

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For answers to legal questions after a car accident, call Personal Injury Attorney Matthew Noyes at 727-724-7853 or simply click here to schedule a free case consultation. With offices in Clearwater, St. Petersburg, Tampa, New Port Richey and Spring Hill, Attorney Noyes can meet you at a time and place convenient for you. His personal injury law firm - Perenich, Caulfield, Avril & Noyes - is one fo the oldest law firms in Pinellas County. Contact them today!

New Florida Law Effective Yesterday

July 1st doesn't only mean one day closer to baseball's All-Star game, it also means many new law for Florida. A few new Florida laws that went into effect yesterday include:

 1. District school boards are now permitted to adopt policies that permit a student to deliver an inspirational message at a student assembly. The law reads that students retain control over the whether to make an inspirational message as well as who makes that message. The content is left up to the student volunteer. It specifically prohibits school district personnel from being involved in whether the message will be delivered, selecting the student to deliver it and having any hand in the content of the message.
 
2. Another increases the number of individuals who can participate in misdemeanor pretrial substance abuse programs. The law will expand to allow minors found in possession of alcohol, those in possession of controlled substances without a prescription and those who have previously participated in a program to do so again.

3. Have you ever seen someone get out of a car with a handicapped sticker and wonder what their disability was? A new Florida law will provide for random reviews of handicapped parking permit holders.

4. A new Florida law will get Alzhiemer’s disease patients access to “specialized Alzheimer’s services adult day care centers.” The facilities licensed under the act must meet certain education and experience requirements as well as keep a practical nurse on site for at least 75 percent of the time the center is open, daily. Patients must require ongoing supervision and may not demonstrate aggressive behavior.
 
5. With all the discussions of concussions in football, the Florida legislature passed a law requiring that coaches, officials, athletes and their parents be educated about the risk of head injury. Also, head-injured athletes must be removed from play and not allowed to return until they are cleared by a doctor.

6. Vehicle owners will now be able to return their tags within up to three months after their registration period begins for a full refund.
 
7. Can’t find a place to buy a lottery ticket? The Department of the Lottery may now sell tickets in more types of vending machines and sell all types of tickets in machines, including instant tickets and online ones.
 
8. Veterans can now pay a $2 fee to have a capital “V” placed on their driver’s license or ID which designates them as an honorably discharged veteran before their normal renewal time, without having to pay the normal renewal fee.
 
9. Employees in drug-free state agency workplaces can now be tested at random every three months. A third-party agency must choose those to be tested using a random sampling by a computer but may not choose more than 10 percent of the workplace. Employees can be disciplined or fired after their first offense.
 
10. A new Florida law adds $1 contribution check-offs to vehicle registration, driver’s license or ID card applications that allow applicants to contribute to the Autism Services fund or to Support our Troops, Inc.
 
11. A new law limits Medicaid recipients (non-pregnant adults) to six emergency room visits.

These are just a few of the approximately 150 new laws that went into effect yesterday. Remember, ignorance of the law is not an excuse for breaking it!

Stay tuned to later blog articles having to do with the new Personal Injury Protection (PIP) law that will rip away your insurance benefits after a car accident if you are not careful!

 

 

 

CAR ACCIDENT REFERRAL SERVICE 411-PAIN IS SUED FOR MISLEADING ADS

After a car accident, one can be confused who to call for advice. With all the 1-800-ASK TOM, DICK, or HARRY and the 1-800-411-PAIN commercials both on TV and radio, I understand why people are confused.

The Florida Attorney General Pam Bondi wasn't confused. Florida Attorney General Pam Bondi sued the 411-PAIN company (which is not owned by attorneys) for alleged misleading ads that included promises of certain dollar amounts, like $100,000 or more for injuries and lost wages sustained in car accidents. As noted in the lawsuit, promising a specific outcome for a legal action is a violation of state law. Last week, the parties agreed to settle the lawsuit by paying a $550,000 donation to local health care organizations and changing its ads.

In addition to the misleading promises, the lawsuit targeted the company's use of actors dressed up like police officers who directed people to call a toll free number for the service. The ads didn’t state clearly that the officers were paid actors. The settlement agreement includes that that 411 Pain has agreed to a judge’s order that bars them from such making such ads.

To see a copy of the lawsuit and the Order, click here.

It is important that a person gets proper advice after a car accident. Insurance companies have attorneys looking out for their best interest, so should you. I'm just not sure calling an 800 number is the best way to get the best attorney for you. Talk to your friends and family about who they may have used. Search websites. Call the Florida Bar for their free lawyer referral service. There are many ways that you can be led to the right attorney for you without having to resort to calling an 800 number.

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Personal Injury Attorney Matthew Noyes represents those who are injured in car accidents, motorcycle crashes, bicycle accidents and other types of accidents. His Clearwater personal injury law firm - Perenich Caulfield Avril Noyes - has been caring for clients since 1955. Throughout the decades, the firm has represented thousands of clients that need representation after being injured. To schedule a free case consultation with Attorney Matthew Noyes, call 727-796-8282 or simply click here to schedule a free consultation.

 

 

Avoid Car Accidents with Drunk Drivers this Fat Tuesday

It's Fat Tuesday!! Indulge and celebrate, but do it safely! According to MADD, an estimated 11,773 people died in alcohol-impaired traffic crashes in 2008. Also, according to statistics, 30% of all Americans will be involved in an alcohol-related car accident in their lives. The legal ramifications associated with a drink driving charge are bad, but the injuries a drunk driver can cause to you or a loved one can be devastating. Parents lose children, husbands and wives lose their spouse, kids lose their parents -- all because someone decided to drive after celebrating too much.

Everyone has the right to enjoy Fat Tuesday and they should! However, with rights come responsibilities. If you drink, be responsible by choosing a designated driver. Decide who's going to be doing the driving before you go out, and make sure that person doesn't drink any alcoholic beverages. We all know that sometimes even the designated driver slips and drinks. For that reason, you should program the telephone number for a local cab company into your phone before you go out. If nobody in your group is sober, take alternate transportation. Cab, train, bus, horse and buggy – anything's better than getting in the car with a drunk driver. Lastly, don't be afraid to take someone's car keys. If the person gets angry, it's probably proof you're doing the right thing.

So, Happy Fat Tuesday! Enjoy, but be safe and responsible!

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Personal Injury Attorney Matthew Noyes represents those who are injured in car accidents, motorcycle crashes, pedestrian accident or bicycle accidents caused by drunk drivers. If you or a loved one is injured in an accident because someone was drinking and driving, do not talk with the insurance companies until you talk with an attorney. Click here to schedule a free case consultation with Personal Injury Attorney Matthew Noyes. His Clearwater personal injury law firm -- Perenich, Caulfield, Avril & Noyes -- has been caring for clients since 1955. Benefit from their experience by calling or emailing today.

 

Watch Out for the Unsafe Rides at the Florida State Fair

The Florida State Fair starts today!  Enjoy the rides, but be informed.  Not all rides are the safest.  Check out the Amusement Safety Organization website as well as RideAccidents.com before getting on any of the amusement park rides.  Unfortunately, many people are injured due to the negligence of the owners and operators of these rides.

Have fun, but be careful. If it doesn't look safe, it probably isn't.  If you or a friend or family member are injured because negligence of the ride provider or operator caused injury, you do have legal rights. Click here to schedule a free case consultation with Personal Injury Attorney Matthew Noyes.

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Attorney Matthew Noyes has been caring for clients after amusement park accidents, car accidents, motorcycle crashes and other accidents caused by the negligence of another for nearly 20 years. His Clearwater personal injury law firm -- Perenich, Caulfield, Avril & Noyes, P.A. -- is one of the oldest personal injury law firms in Pinellas County. Protect yourself and your family after an injury. Contact Attorney Matthew Noyes before talking to any insurance company representative.