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Bike Week 2009 wrapping up.

Jeffrey Meldon — Sun, 08 Mar 2009 10:54:47 GMT

Daytona Beach Bike Week 2009 is wrapping up the festivities today and regrettably there have been 7 reported deaths this past 10 days. Fortunately this number is down considerably from 2006 when there were 26 reported deaths. Perhaps the cold dry weather earlier in the week and the sunny weather the past few days helped provide some measure of safety to the motorcyclists riding and partying in Daytona Beach this bike week.

Some of the deaths could possibly have been avoided if the riders were wearing helmets but most would have occurred regardless of this safety measure. Most bikers realize that it is the other car or truck driver who is either drinking, talking on their cell phone or even texting that is responsible for most of the accidents involving motorcycles. During a bike festival where 250,000 bikes converge in one town it is likely that the number of accidents, injuries and death will increase. However credit should be given to the Daytona Beach/Volusia County law enforcement agencies for planning ahead to slow down traffic and make pedestrian crosswalks in congested areas such as the Iron Horse Saloon and Destination Daytona to reduce the risk to bikers and pedestrians alike.

Unfortunately one couple on foot was mowed down on U.S. 1 by a careless driver while they were trying to get across the street to their pickup truck parked near Smiley’s Tap and the Broken Spoke in Ormond Beach. On Saturday a pickup truck reared ended a motorcycle in Daytona Beach ejecting and killing a passenger on the bike. Alcohol may have been a factor in the case and the driver of the pickup tuck is under investigation.

Some bikers insist that loud pipes help save more lives than any other single safety measure motorcyclists can take. While some people object to the noise there is no doubt that loud pipes do indeed let car and truck drivers know they are around. Interestingly the American Motorcycle Association is concerned that the controversy over loud pipes will damage the political movement for greater biker rights. They want to make sure that bikers can have the right to choose whether to wear helmets and don’t want to put stumbling blocks in the way of legislation to create more options for bikers.

As far as I could see, the great majority of the motorcyclists in town for Bike Week 2009 acted responsibly and from all appearances had a fabulous time in the motorcycle capital of the world. Let’s hope that Bike Week 2010 is even safer than this year.

Originally posted at InjuryBoard by Jeffrey Meldon

No Car Insurance?

Craig Cannon — Tue, 22 May 2007 08:23:41 GMT

After Oct. 1, 2007 Florida car drivers will no longer be required to carry PIP (No-Fault) car insurance and possibly no insurance at all. That's the consequence of lawmakers' inaction during the regular legislative session that ended two weeks ago. Can you imagine being able to drive a car in the state of Florida without any - zero - insurance coverage. It's crazy and ridiculous. The Florida legislature should be ashamed of itself for being duped once again by BIG INSURANCE!

Florida's no-fault car insurance law, currently requires drivers to buy a minimum of $10,000 in personal injury protection, or PIP, and $10,000 in property damage liability. If there is a car accident now, the law provides $10,000 in medical expenses and lost wages. PIP pays for 80 percent of medical bills up to $10,000 per driver and each passenger in a car involved in an accident. The PIP coverage also provides lost wages and death benefits. Property damage insurance covers damage to another person's home, car, or other property because of an accident. However, the law requiring PIP coverage in Florida is going to expire because lawmakers failed to extend it or replace it with another insurance requirement. Beacuse of how the property damage liability coverage is joined with PIP in Section 627.7275, Florida Statutes, it is also possible that the property damage requirement will expire as well.

Everyone in the auto insurance market right now is trying to figure out the impact on drivers, agents and insurers after no-fault expires. Many fear that because it won't be required drivers simply won't purchase any insurance coverage. Insurance companies like State Farm and Allstate, have lobbied hard to convince lawmakers that PIP is expensive and unneeded coverage. But responsible drivers who will buy the coverage anyway will end up paying far more for auto insurance as they add more coverage to protect themselves against uninsured drivers.

Originally posted at InjuryBoard by Craig Cannon

Are loud pipes protecting motorcycle riders?

Jeffrey Meldon — Sat, 28 Feb 2009 12:35:28 GMT

According to many riders in Daytona Beach for Bike Week, this week, they wouldn’t be caught dead on the road without their loud, modified, unbaffled straight pipes. They feel that it provides an added layer of protection against their “enemy” the car and truck driver who doesn’t see them and crashes into them causing death or serious injury. “If they don’t see us at least they will hear us”. Many riders believe they would have been killed or seriously injured had it not been for those loud pipes according to interviews conducted by the Daytona Beach News-Journal.

There is only one problem: it is against the law. Not only that, but most people dislike the sound of loud pipes roaring inside their brain. The maximum sound level by Florida law for a motorcycle traveling at 35mph at a distance of 50ft. is 78 decibels. By comparison, a blender generates 90 decibels from a distance of 3 feet. The ear piercing sound of a Harley with modified straight pipes can far exceed the lawful decibel level.

During bike week most bikers get a free pass on noise ordinance violations but more and more neighborhoods are banding together to reduce unwanted sounds. In fact, the American Motorcycle Association (AMA) regards excessive sound from the exhaust as the single greatest threat to motorcycling. Regardless of how “safe” loud pipes are for the rider the AMA has to protect the interests of the majority of law abiding motorcyclists around the country.

My advice, as a motorcycle accident attorney for 37 years, if you really want to protect yourself while riding, wear the recommended safety equipment (helmet, eye protection, leathers, proper footwear) and carry lots of insurance on your motorcycle policy. In Florida car and truck drivers have no requirement to carry mandatory bodily injury insurance so if you are in a crash caused by someone else you will probably have to pay all the bills yourself. And you will recover nothing for your lost wages and pain and suffering. The only way to fully protect yourself is to buy lots of motorcycle insurance with at least 50k in medical payments coverage and 100k in uninsured motorists coverage. This is minimal coverage and higher limits should be considered particularly for uninsured motorists’ insurance.

Originally posted at InjuryBoard by Jeffrey Meldon

Gainesville Florida Law Enforcment Cracks Down on Drunk Driving

Jeffrey Meldon — Sat, 16 Aug 2008 16:02:57 GMT

Gainesville, Florida law enforcement has joined a nationwide effort to increase DUI arrests and hopefully reduce the number of accidents, injuries and deaths caused by drinking and driving. The crime of Driving Under the Influence, in Florida, includes not only alcohol but also all drugs that impair a person's ability to drive safely. These drugs includes illegal drugs as well as those drugs prescribed by a doctor or available over the counter. Many people think that just because a doctor prescribed a drug it is legal to take that drug and drive. In fact, legal prescription drugs and certain over-the-counter drugs significantly contribute to the carnage and death on our highways.

The Gainesville Police Department, The Alachua County Sheriff's Office, and the Florida Highway Patrol have joined together to toughen up DUI enforcement between now and Labor Day as part of the "Drunk Driving Over the Limit. Under Arrest" Campaign. Alcohol related crashes were down from 23,000 in 2005 to 22,000 in 2006 statewide and law enforcement agencies in Gainesville hope to do their part in arresting people suspected of DUI.

Gainesville Police Department Sergeant Joe Raulerson reports that Gainesville recorded 18 traffic fatalities in 2007 and in at least a third of them alcohol was a factor. Gainesville has almost 65,000 college students who may be those at greatest risk of failing to recognize the risks associated with drinking or taking drugs(legal or illegal) and driving.

A DUI Causing Serious Bodily Injury can land someone in prison for many years,even on a first offense, and a DUI Manslaughter often results in a 15 to 20 year prison sentence for a first offense.

A conviction for a first offense DUI can cost as much a $20,000 or more primarily due to increased insurance costs. A new law passed in Florida in 2007 requires anyone convicted of DUI to carry car insurance with a minimum Bodily Injury Liability coverage of $100,000 per person/$300,000 per accident as well as $50,000 in Property Damage coverage.

It is important for drivers to plan ahead if they go out for a night that includes any more than a few drinks. Even one Martini(with 2.5-3 oz.of alcohol) can put a 120 lb. person at or near the legal limit of a .08. Planning to have a designated driver or taking a taxi home makes sense and can avoid the years of heartache that can be caused by a tragic DUI accident.

Originally posted at InjuryBoard by Jeffrey Meldon

CSX Railroad Train Kills Grandmother

Jeffrey Meldon — Thu, 08 May 2008 17:19:27 GMT

Cynthia Forman, a 58 year old grandmother, was killed yesterday when a CSX railroad train was unable to stop and hit her as she was crossing the tracks in her car. The railroad tracks crossed a private road that Ms. Forman was driving on. There apparently was no warning device to alert the victim of the oncoming train. The crash marks the 18th fatal crash this year in Alachua County , Florida. Last week I reported on the efforts of CSX railroad to get the Florida legislature to protect it from lawsuits arising from railroad accidents as part of a proposed deal to create the green "dream train." This is yet another example of why CSX wants to manipulate the people of Florida and limit their right to make valid claims for serious injuries or wrongful death. CSX will have no motivation to create safety warning devices at dangerous crossings if the state provides sovereign immunity (limits on the right to sue) to CSX. Trains are dangerous and the people of this state and our visitors need to be protected.

Originally posted at InjuryBoard by Jeffrey Meldon

Medical Malpractice Caps Invading our Constitutional Rights.

Jeffrey Meldon — Fri, 03 Jul 2009 07:00:00 GMT

Medical Malpractice Caps, are caps on non-economic damages (i.e. pain and suffering, loss of enjoyment of life, loss of a loved one), namely, limiting of the total amount payable to the injured in medical claims.

They are supposed to decrease the burden and litigation of health care and it’s increasingly rising cost. Although the reduction of cost is a noble pursuit, it could potentially limit the liberties upon which our legal system and our very nation were founded.

Caps on damages limit or restrict the access that the common man (or woman) has to a trial by jury, as guaranteed by the Seventh Amendment of our Constitution. This in turn may violate the Fifth and Fourteenth amendment by not granting due process and equal protection under the law.

In our legal system, one of the most basic tenants is trial by jury. The text of the Seventh Amendment directly is

“in suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any court of the United States, than according to the rules of common law”

Although the availability of a jury is not directly in dispute with medical malpractice caps, the judgement of the jury is invaded by limiting them as a fact finding body.

With a medical malpractice cap, regardless of your pain and suffering, the jury would have a “glass ceiling” that would limit the payout for the plaintiff. Plaintiffs (victims) faced with this cap would be further frustrated as even the most meritorious claim would only have the possibility of an award up to the capped amount.

The argument in favor of the medical malpractice caps is the increasing cost of medical malpractice insurance. Although this increasing cost of insurance is an issue, malpractice insurance companies state that non economic damages account for a very small percentage of their payouts. And state that these caps, if instituted, would only account for savings of around 1.0% for each company.

However, even if this is so, is this one percentage point worth invading a tenant of our judicial system that ensures individual rights and freedoms?

Medical malpractice caps simply limit the rights of the injured, and do not alleviate enough burdens on the doctors to warrant a second glance.

If the issue is insurance cost to physicians, then perhaps the legislature should look to the insurance companies themselves, and not to the injured. The medical malpractice insurance companies having been recording large profits for many years.

We want to ensure that our right to justice is not unfaily limited by the powerful doctor insurance lobby!

Originally posted at InjuryBoard by Jeffrey Meldon

Allstate Admits it has Dirty Hands

Jeffrey Meldon — Sat, 16 Aug 2008 10:02:33 GMT

Allstate the "good hands" people have decided to forgo hundreds of millions of dollars in profits rather than show their "dirty hands" to Floridians. Florida Insurance Commissioner Kevin McCarty announced on Friday that Allstate Corp. will give it's existing Florida policyholders an additional 5.6% rate cut, forgive a $175 million dollar loan, and pay a $5 million dollar fine to the State of Florida rather than produce rate-related documents regulators had demanded.

This interesting settlement was only agreed to by Allstate after the Florida Insurance Commissioner suspended Allstate from writing new policies in Florida . The agreement resolves McCarty's legal action that accused Allstate of failing to produce rate-related documents, falsely claiming that the material requested contained trade secrets, and falsely certifying a request to raise rates by more than 40%.

Allstate has long had a reputation among consumer advocate groups for their policy of increasing premiums while reducing payouts to customers when they have a legitimate loss, thus increasing their overall profits. Apparently the State of Florida felt Allstate was trying to fleece it's policyholder's when it requested a rate increase after the State implemented a new program to reduce the exposure of all insurance companies in Florida that write homeowner's insurance policies. That program was designed to allow insurance companies to reduce rates after a rash of hurricanes in 2004 and 2005 had caused skyrocketing increases in premiums.

Allstate was facing an upcoming court hearing to determine whether it had to produce these internal documents that would have disclosed how they evaluated their requests for increases in premiums from consumers. That hearing has been canceled as part of this settlement. Allstate must have been concerned about the public outcry that would have resulted from the release of these rate-related documents.

Allstate will continue to be investigated for other violations of state law regarding claims handling and potential collusion with rating organizations, trade associations, and other entities. The company could still face further fines, suspension or revocation of it's license to do business in Florida. Allstate spokeswoman Kathy Thomas said the settlement was in the best interests of Allstate, its agents and customers. Many Allstate agents were losing huge profits when the State suspended Allstate from writing new policies in May.

It is encouraging to see our Insurance Commissioner finally ask the same questions consumers have been asking for years "Why are they raising our rates?" Apparently the answer to that questions was simple: "To make more money" The consumer is getting squeezed by the rich and powerful oil companies and now the insurance industry. Both have something in common: we need gas for our cars and we need insurance for our homes and cars.. Finally Florida has a watchdog in Kevin McCarty, at least' as far as insurance companies go. Maybe the State can find a watchdog for the oil companies as well.

Originally posted at InjuryBoard by Jeffrey Meldon

CSX RAILROAD WANTS TO BE TREATED LIKE A KING

Jeffrey Meldon — Sat, 03 May 2008 10:30:44 GMT

CSX Railroad refuses to allow central Floridians to create a new "green" dream train mode of travel between the cities of Tampa, Lakeland, Orlando, Deland,and Daytona Beach unless they are given sovereign immunity by the State of Florida. The State of Florida HAS offered to 1)pay CSX one-half billion dollars for the the right to share their existing railroad lines 2) get the federal, state , and local governments to spend another 615 million dollars to improve track conditions, as well as build train stations and buy new trains 3) allow CSX to continue to use the train tracks for their own commercial use(which is quite profitable) However CSX is unwilling to go along with the deal unless the state also gives them "sovereign immunity" or protection from lawsuits by innocent citizens who are injured by the negligence of CSX and it's employees. As it stands now the railroad has a duty to protect the public and create safe conditions in operating it's trains and other operations. CSX wants to be relieved of this responsibility by asking the state to pass a law that limits the rights of ordinary people to sue them even if their negligence kills or seriously injures someone.

Paul Jess, general counsel, for the Florida Justice Association released the following statement"If CSX is not going to be financially responsible for it's own negligence, what incentive does it have to keep the rail safe?" The bill to approve this one-sided deal failed in the Florida Senate this past week. Senator Paula Dockery , a Republican from Lakeland, Florida stated "I don't envision a time anytime soon where thoughtful senators are going to say that there's some kind of good public policy involved in taking liability away from somebody who was at fault and putting it on the taxpayers of the State of Florida"

The concept of sovereign immunity dates back to merry old England when the king controlled everything and didn't want anyone messing with his power, control or wealth. So he came up with a slogan "The king can do no wrong" and that became sovereign immunity. No one had any rights to sue the king. That concept was carried over to the United States and it's individual states. Forida had absolute sovereign immunity until 1956 when young lawyer from Daytona Beach named Maurice Wagner took on a very compelling case. A young man in Cocoa Beach Florida had been arrested for DUI and was put into the small Cocoa Beach jail overnight. The sole jailer decided to go get some coffee and a donut up the road and left Mr. Hargreaves locked up with no one else at the jail. The jail caught on fire and Mr. Hargreaves died a horrible death inside the jail cell. His widow asked Maurice Wagner to sue the city of Cocoa Beach for their negligence. The supreme court of Florida ruled in favor of the widow and declared the the concept of sovereign immunity was outdated and had no place in modern day society.

The people of the state of Florida need to have "green" transportation but major corporate giants like CSX Transportation should not be allowed to trample everyone's right to be protected from unsafe and dangerous conditions. A "free ride" on the the CSX railroad might be ok in a game of monopoly but the people of Florida deserve more.

Originally posted at InjuryBoard by Jeffrey Meldon

Comparative Negligence - Do You Know What it Means For Floridians?

Jeffrey Meldon — Wed, 28 Oct 2009 11:56:00 GMT

In a recent Florida court case, the jury found three drivers and the Alachua Police Department to be negligent (at fault) in a fiery I-75 and Hwy. 441 crash that left one dead and two seriously injured two years ago. The jury decided that one driver and the Police Department were each 35% to blame for the accident and two other motorists, each 15%.

How can this be? This is done utilizing the doctrine of comparative negligence which Florida adopted in 1973 and falls under case law for personal injury or accident lawyers. This doctrine more accurately allows assignment of blame on a percentage basis.

What does this mean? Vehicular accidents usually result from the mistake/s made by one or more drivers or pedestrians. Many times people believe that they cannot recover any damages for loss of their property or their personal injuries if they were partially to blame for an accident. This is not always true. Florida law compares the fault of each party involved in an accident. Under the comparative negligence doctrine, a person may still be able to recover damages, even if they were partly at fault for a crash. However, the damages will be reduced by the percentage that they were found to be at fault.

For example, if you were rear-ended and the crash caused you serious personal injuries, your settlement amount may be reduced if you slowed down to make a turn but failed to signal.

What is the lesson here? Every person using the road, (whether it be a pedestrian, a motorist, or a passenger), is required to pay attention, follow traffic rules and use reasonable care on the road. If an accident victim fails to protect his or her own safety and the safety of others, he or she could be found to be partly at fault for their own injuries. Here are a few tips:

· If you are driving: avoid speeding, buckle up, always signal when making a turn, pay attention to the road, follow all road signs and laws, and do not drive a car that you know has mechanical problems.

· If you are a passenger: do not ride with a driver that you know has been drinking or is too sleepy to drive properly, and wear your seat belt.

· If you are a pedestrian: cross the street in a crosswalk, do not enter a crosswalk on red light, avoid using an MP3 player because it may prevent you from hearing a car horn or a vehicle approaching.

Dealing with the allocation of fault in accident cases can be very complicated, as there is no exact formula to determine percentages of fault. Proper investigation is of the utmost importance to help assign the fault of each party. This is one reason why if you have been involved in a serious accident, it is important to contact an experienced accident attorney ASAP before the evidence “gets cold”, witness become difficult to locate, and the facts of the case are lost. You may not need a lawyer, but with most personal injury attorneys, consultations are free, so take advantage of them and educate yourself.

Originally posted at InjuryBoard by Jeffrey Meldon

Don’t Let Them Longhorns Outshine Us – Here Is What You Can Do Today:

Jeffrey Meldon — Mon, 31 Aug 2009 12:50:29 GMT

Austin, Texas, is the home of the University of Texas Longhorns and the Texas Legislature. In Texas, known for its rugged individualism, lawmakers have progressively passed a law restricting the rights of drivers to use their cell phones in “active” school zones.

Florida already lags behind many other states in recognizing the dangers of cell phone use. This is yet another example of Florida being beaten to the punch.

As a long time accident attorney and Gator fan, I am sure if the University of Florida Gators were playing the University of Texas Longhorns at the BCS football championship game next January, as predicted by many sports writers, Florida would spare no expense, nor would take any risk, to make sure that the Gators arrived safely for the Rose Bowl in Pasadena, California, the site of this year’s National Championship Game. I am also sure that drivers for the Team would not be allowed to be texting or chatting on their cells while driving the Team.

In this instance, it is incumbent upon the Florida Legislature to ensure that our future Gators arrive at their destinations safely.

I urge you to write your legislature now. Don’t wait! Many bills will be pre-filed in anticipation of next Spring’s annual get-together of our lawmakers in Tallahassee. Write or call your representative today. Urge them to make our roads safer for our school children and the general public by, banning cell phone use while behind the wheel - especially in school zones!

Contact your Florida Representative and Senator. Press on this link to find the names of your Senator and Representative.

Show you care!

For more information:

Texting and Driving.... It Should Be Illegal in Florida

A Multitaskers Admission of Guilt... Rehab? Sign me up!

Originally posted at InjuryBoard by Jeffrey Meldon