NOYES LEGAL NEWS

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.

 

Can A Super Bowl Party Host Be Sued After A Drunk Driving Car Accident?

Planning a Super Bowl party? Can you as the host of the party be responsible for injuries or death caused by one of you party guest who drank too much at the party and then caused a car accident because of their drinking and driving? Here is the actual Florida law that addresses the question:

768.125 Liability for injury or damage resulting from intoxication.—A person who sells or furnishes alcoholic beverages to a person of lawful drinking age shall not thereby become liable for injury or damage caused by or resulting from the intoxication of such person, except that a person who willfully and unlawfully sells or furnishes alcoholic beverages to a person who is not of lawful drinking age or who knowingly serves a person habitually addicted to the use of any or all alcoholic beverages may become liable for injury or damage caused by or resulting from the intoxication of such minor or person.

In other words, Florida law states that individuals or companies who sell or serve alcohol are not liable for injuries or damages caused by the drunk driver except in two situations.

1. If the drunk driver was under the age of 21, the individual who served the alcohol can be held liable for the damages. The statute does not contain any knowledge requirement, presumably because the serving party has a duty to ensure that everyone they sell or provide alcohol to is of legal age to consume it.

2. Persons who serve a person who they know is “habitually addicted to the use of any or all alcoholic beverages” may be liable for injury and damages caused as a result of the intoxication. These cases hinge on knowing that the partygoer and later drunk driver was "habitually addicted."

Enjoy the party, the commercials, the halftime show, and yes, even the game, but be safe. Call a taxi or have a sober friend drive. Make lasting joyous memories, not memories that will haunt you or your friends and family.

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Personal Injury Attorney Matthew Noyes proudly representing those injured in car accidents, motorcycle crashes, bicycle accidents or pedestrian accidents caused by drunk drivers. His Clearwater personal injury law firm--Perenich, Caulfield, Avril & Noyes--has been caring for clients since 1955. Click here to schedule a free consultation with Personal Injury Attorney Matthew Noyes.

 

Jury Allows Parents to Tell Their Story and Returns Two Million Dollar Verdict

About 7 years ago, I sat at the kitchen table of two strangers whose 17-year-old son died while he was conditioning for high school baseball. Within minutes, these two strangers--Kathy and Jim Miulli--became my friends.  During that meeting, the grieving mother told me that all she wants is to have her story told to prevent other teenage athletes' deaths.  This week, we were able to do that for her and her husband.

Over the past nearly seven years, my firm and I have proudly represented Kathy and Jim Miulli in a wrongful death case involving their son, Matt.  On Monday, the Hillsborough County jury returned a verdict of over $2,000,000.00 after six days of trial.  My partners, Bryan Caulfield and Lorrie Robinson, presented the case to the jury and both Jim and Kathy Miulli where able to tell her story.  It was an honor to be part of the team that allowed them to do this.  Although there are post-trial motions and likely appeals, two wonderful people and great parents to their son, Jim and Kathy Miulli are one step closer to closure.

As noted in news articles, since Matt's death, his parents have been instrumental in saving lives.  Through their efforts, Jim and Kathy--and Matt--were able to convince Hillsborough County to fund two additional ambulances; was a catalyst in getting the FHSAA to amend their bylaws to require pre-participation physicals before conditioning; and were able to get the Florida legislature to pass the Gordon and Miulli Act that provides funding for defibrillators for youth athletic organizations.  Now, if only Matt could do something up in Heaven to help his beloved Chicago Cubs! 

I am blessed to know Jim and Kathy Miulli and have been honored to help them be able to tell their story--a story all of us wish they never had to tell.

Pinellas County Names EMT and Paramedic of the Year

They show up at car accident scenes and in our homes to help. This week, Pinellas County Commissioners named the 2011 EMT and Paramedic of the Year. The award is given each year in honor of EMS Week, locally commemorating the nearly 1,500 paramedics and emergency medical technicians working for Pinellas County’s emergency medical services system.

This year’s Paramedic of the Year is Sunstar paramedic Jeremy Moody. Moody has been serving in the field of emergency medical service since 1990. During his 21-year career with Sunstar, he has worked as an emergency medical technician, paramedic and field training officer. His long and successful journey as a field paramedic has given him the opportunity to impact lives at many levels.

This year’s EMT of the Year is Sunstar EMT Brandon Walters. Walters has been with Sunstar since 2003 and has worked as field training officer, CPR and emergency vehicle operating course instructor and is an active alternate on the Critical Care Transport team. Walters routinely functions as a preceptor for St. Petersburg College’s EMS program, training EMT students.

Walters was also named as the state of Florida’s EMT of the Year by the Florida Department of Health Bureau of Emergency Medical Services.

We salute our firefighters and police officers as we should, but sometimes forget about the EMTs and paramedics that help those injured in car accidents, other accidents or medical emergencies at home. Let's remember these guys and gals and appreciate them as well!

 

Preventing Car Accidents Caused By Distracted Driving this Memorial Day Weekend

The roads will be crowded this Memorial Day weekend which means the chances of a car accident increases. The AAA projects 34.9 million Americans will travel 50 miles or more from home this upcoming weekend. Unfortunately, a number of them will be distracted while driving which puts you at risk of an automobile accident with them.

The statistics on distracted driving are scary. The U.S. Department of Transportation statistics indicate that in 2008 nearly 6,000 people died and more than half a million were injured in crashes associated with driver distractions of all types. The Academy of Orthopaedic Surgeons has developed this "Wreck-less" checklist to reduce distracted driving:

- Adjust seats, head rests, vehicle controls and mirrors, and fasten your seat belt before you drive;

- Enter the destination address into your GPS system OR review maps and written directions before you drive;

- Do not eat or drink while driving, and move all potential distractions such as reading materials, cell phones, etc., away from easy reach-the point is to keep your eyes on the road; and

- If there is a distraction that needs your immediate attention, we encourage you to first stop your vehicle in a safe area.

What does a March 2011 survey commissioned by the AAOS say about distracted driving? Here are some highlights:

- Of the more than 1,500 driving-age adults surveyed, NONE of them reported their own driving as unsafe. In fact, 83 percent claim to drive safely. And, yet they believe only 10 percent of other drivers drive "safely."

- Although drivers are aware that distracted driving compromises the ability of others to drive safely, one in five (20%) agree that they are a good enough driver that they can do other things while driving without compromising their driving ability.

- Among those who self-reported distracted driving behaviors overall, 30-44 year olds seem to be the worst offenders having more likely admitted to eating or drinking, talking on a cell phone or reaching in the back seat of the car while driving.

- Many drivers that have experienced a near-accident due to their own distracted driving behavior say they will continue the behavior that caused them to swerve or slam on the breaks to avoid an accident.

Even if you are not one of these distracted drivers, you share the road with them. So, drive safely this weekend and watch out for those who don't.

Also, remember those who gave their lives for America this weekend. We are a better country because of them. God Bless America!

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Personal Injury Attorney Matthew Noyes represents those injured in car accidents caused by distracted drivers as well as caused by other forms of negligence. His Clearwater personal injury law firm -- Perenich, Caulfield, Avril & Noyes -- has been caring for clients since 1955. Click here to get answers to your legal questions after a Florida car accident, Florida workers' compensation claim or Social Security Disability claim.

Boating Safety Tips During National Safe Boating Week

Florida's beautiful weather and boating--they just go together. However, boating accidents tend to tag along. In 2009, 3,358 people were injured and 736 died in boating accidents. Of those who drowned, 9 out of 10 were not wearing life jackets. As we go through National Safe Boating Week, review these tips from the U.S. Coast Guard:

Wear it. Everyone, on all types of boats, should wear properly-fitted life jackets, or personal flotation devices (PFD). By wearing a life jacket, you can dramatically decrease your chances of drowning while boating.

Don't Drink. Alcohol use was the leading contributing factor in fatal boating accidents. Alcohol use affects judgment, vision, balance, and coordination, and is involved in about a third of all recreational boating fatalities. Boating under the influence of alcohol is just as deadly as drinking and driving. Not only is it dangerous to operate a boat while under the influence of drugs or alcohol, it's also illegal in every state in the United States. Passengers should also be aware of the risk from drinking while boating. 46% of all boating fatalities occurred when vessels were docked, anchored, or drifting. Due to sun exposure and heat, both operators and passengers are likely to become impaired more quickly, drink for drink, when on the water. So play it safe and avoid alcohol when you're on a boat.
 
Take a Course. More than 7 out of every 10 boating incidents are caused by operator error. Boating education courses teach the rules for safe operation and navigation of recreational boats, and can help boat operators keep their passengers safe.

Get a Vessel Safety Check. The Vessel Safety Check (VSC) is a free public service provided by the U.S. Coast Guard Auxiliary and U.S. Power Squadron volunteer organizations. For more information on the VSC Program, visit their web site: www.vesselsafetycheck.org .

Know about carbon monoxide (CO). Carbon monoxide (CO) is an odorless, colorless, poisonous gas that is emitted by all internal combustion engines, such as boat engines and onboard motor generators. In the early stages, the symptoms of CO poisoning are similar to seasickness, but CO can kill in a matter of minutes, whether you are inside or outside of your boat. To avoid CO poisoning, be aware of the risk, ensure sufficient ventilation, properly install and maintain equipment, and use CO detectors, especially in living and sleeping areas.

Recreational boating is enjoyed by over 70 million Americans each year. It is a wonderful way to spend time with family and friends. Doing it safely will allow great memories and prevent tragic memories.

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Personal Injury Attorney Matthew Noyes represents those injured in boating accidents, car accidents, motorcycle crashes and other personal injury matters. His Clearwater personal injury law firm -- Perenich, Caulfield, Avril & Noyes -- has been caring for clients since 1955. Benefit from their experience. Click here to schedule a free case consultation with Personal Injury Attorney Matthew Noyes.
 

 

Guess Who Made Over $500 MILLION in Profits in Three Months?

Allstate Insurance Corp. needs a lot of "good hands people" to hold all the profits they made in the last three months. Today, Allstate Corp. said that its profit more than quadrupled in the first quarter. In the three months ended March 31, the Northbrook, Ill.-based company said net income climbed to $519 million. Over 500 million dollars in profits in three months? Wow!

In my practice, I battle Allstate and other automobile insurance companies every day for my clients. With over $500 million dollars in profits in 3 months, guess who is Goliath and which one is David?

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  Personal Injury Attorney Matthew Noyes represents those injured in Florida car accidents, motorcycle crashes, pedestrian accidents and other personal injury claims. His Clearwater law firm -- Perenich, Caulfield, Avril & Noyes -- has been caring for clients since 1955. Click here for a free case consultation.
 

Does Daylight Saving Time Cause More Car Accidents?

Remember to spring your clocks forward tonight, but be alert about the increased chance of a car accident or workers' compensation claim.

Daylight Savings Time starts at 2 a.m. on this Sunday when we set our clocks forward one hour ahead. Seems like a simple task, but it raises problems on the road and in the workplace.

Studies have shown that this change of Daylight Savings has an impact on the number of car accidents and work injuries. One study shows that the number of car accidents increase by 8% on the Monday following Daylight Saving Time. Another study using U.S. government data on mining injuries found that on-the-job injuries tended to spike on the first workday after daylight saving time begins. Compared with other days, the Monday after the clocks turned forward saw an average 5.7 percent increase in injuries, and an increase in injury severity.

 

So, be careful on the roads and at work on Monday. Watch out for kids and bicyclists trying to get to school on a darker Monday morning. As importantly, watch out for people who aren't being careful.

 

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Personal Injury Attorney Matthew Noyes represents those injured in car accidents, motorcycle crashes, workers' compensation claims or other personal injury matter. His Clearwater personal injury law firm-Perenich, Caulfield, Avril & Noyes-has been serving Tampa Bay since 1955. Insurance companies have lawyers looking out for their best interest after your accident--so should you! Contact Personal Injury Attorney Matthew Noyes today!

"Let's Get to Work" on Monitoring Illegal Prescription Drug Sales

Two years ago, the Florida Legislature passed a bill to create a statewide prescription drug monitoring program to fight the increasing problem of illegal prescription drug trafficking from storefront pain clinics. The bill would allow physicians and investigators to identify "doctor shopping" patients who go from doctor to doctor to obtain prescriptions for potent painkillers such as oxycodone. It wasn't even a close vote--it passed by a vote of 103-10. Despite this overwhelming support from one branch of the Florida government, Florida Governor Rick Scott wants to kill the bill.

Now, the maker of OxyContin is offering a $1 million donation to help pay for a prescription database to combat Florida's illegal trade in painkillers. But still Governor Scott wants to do away with the database altogether and says he is not interested in the money. Governor Scott has already eliminated the office that was raising money for the database.

Florida has become the nation's leader in oxycodone sales, attracting carloads of drug dealers and couriers from Kentucky, Ohio, West Virginia and other states that come south to buy pills. Thirty-four states now have prescription monitoring databases, and nine other states have approved them. Florida is the largest state without such a database.

Florida Senate President Mike Haridopolos, R-Merritt Island, vows to protect the monitoring program. "People are dying and families are destroyed by this abuse and we must do whatever we can to stop this scourge on our state," Haridopolos said in a written statement praising Purdue Pharma's offer.

"Let's get to work" on making our Governor see the need for this monitoring program. Maybe he will realize that people can't "get to work" when they are hooked on prescription medication. Contact the Governor today with your thoughts.

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Personal Injury Attorney Matthew Noyes represents those legitimately needed these prescription medication after injuries from car accidents, motorcycle crashes, workers' compensation claims and other personal injury matters. However, because of the unmonitored illegal drug trafficking, those who actually need the medication are felt to be criminals and questioned about their use of the drugs. Attorney Matthew Noyes and his Clearwater personal injury law firm--Perenich, Caulfield, Avril & Noyes--have been caring for clients since 1955 and want steps taken to prevent our clients from being casted with those criminally abusing prescription medication.