Gainesville, Ocala & Daytona Beach Personal Injury Lawyer

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

Help Tony Save Lives and Keep America’s Roads Safer.

Jeffrey Meldon — Thu, 17 Sep 2009 11:47:53 GMT

More of us do it every day than we’d like to admit. We know we shouldn’t; we’ve heard it’s dangerous but, we still do it. Meanwhile, one man is out to spread the word, town by town, and encourage us all to put the cell phone down while we drive. As an accident attorney and father, I applaud his efforts and want to help spread Tony's message. Here is his story:

Tony Anshutz, a former Los Angeles police officer (who now teaches SCUBA diving in Cozumel, Mexico,) is riding his motorcycle 16,000 miles in an attempt to raise awareness about the dangers associated with cell phone use while behind the wheel.

Tony became involved in the cause after meeting Dave Teater whose 12-year-old son was killed in a collision involving a driver using a cell phone. Tony is calling his adventure “Ride the Americas”, he set off on August 17 and will be stopping in small and big cities throughout North America. His goal is to promote the National Safety Council’s initiative to ban all cell phone use nationwide while driving.

Using a cell phone or smart phone while driving, in any capacity, is dangerous, and the task falls to people to self-police. Studies have shown that a driver’s level of distraction while talking on a cell phone can rival that of a person who is intoxicated. Furthermore, when we text and drive, the problem is even worse because now our eyes are not even on the road. Cell phone use while driving is the cause of 636,000 crashes and 2600 deaths annually.

Tony will be sharing stories and statistics about cell phone use including the fact that drivers using cell phones are 4 times more likely than other drives to be in a crash. Tony does not think that technology itself or cell phones in general are bad or dangerous but he says “as we become dependent on it, we must also adapt our behavior to its dangers.”

While Tony is traveling the roads of North America, he will be uploading images and logging his progress. To follow Tony’s progress as he rides across the Americas, visit http://www.ridetheamericas.com/ or join his Facebook group.

The websites include action items you can take to promote safety and the cell phone ban initiative through your own behavior, urging others to change or even by making a donation. Help Tony save lives and keep America’s roads safer.

Originally posted at InjuryBoard by Jeffrey Meldon

3 Ways to Protect Your Most Precious Cargo – Your Child Passenger:

Jeffrey Meldon — Thu, 03 Sep 2009 15:51:02 GMT

National Child Passenger Safety Week is coming up from September 12^th to the 18^thThis annual campaign provides parents an excellent time to:

review child safety seat guidelines,
make sure that the child restraint system in their vehicles is age and weight appropriate for their child and,
that the system is used each and every time their child gets in their vehicle.

As an accident attorney and father, I applaud the National Highway Traffic Safety Administration’s (NHTSA’s) efforts to bring public attention to the importance of properly securing children in vehicles through this week long campaign. I urge every parent and every care giver to take advantage of this annual reminder and make sure all car seats are: installed correctly, are age and size appropriately and are used every time the key is turned in the ignition! Here is why:

According to the National Highway Traffic Safety Administration (NHTSA), motor vehicle accidents are the leading cause of death for children.
Child safety seats, when used and installed correctly are at least 60% effective in preventing fatalities.
One third of child passengers in cars are using the wrong car seat or restraint system; which could increase the likelihood of them being severely injured or killed.

National Child Passenger Safety Week kicks off with National Seat Check Saturday on September 12^th. This is the day to have your child’s car seat checked to make sure that it is installed correctly. This is of utmost importance because:

Proper use and installation of a child restraint seat can determine if your infant or child survives a motor vehicle crash or not.
NHTSA research has shown that 3 out of 4 safety seats are improperly installed.
An improperly installed restraint system offers little if any protection and could result in death or serious injury.

Here is a summary of the guidelines, according to NHTSA, for maximum child passenger safety:

Keep infants in the back seat, in a rear-facing child safety seat as long as possible, up to the height and weight limit of the seat and at least until the infant reaches1 year of age and weighs 20 pounds.
After 1 year and 20 pounds, young children should ride facing forward in a car seat, in the back seat, until they reach 4 years of age and weigh 40 pounds.
Once children out grow their car seat, usually at 4 years and 40 pounds, they should ride in booster seats, in the back seat, until the seat belts fit properly.
Seat belts can be used in the back seat when they fit properly meaning that the lap belt lays across the upper thighs and the shoulder belt fits across the chest, generally this is at age 8 and at 4 foot 9 inches tall.
All children younger than 13 should ride in the back seat with a seat belt.

Here are 3 things that you can do to protect your children passengers:

Get your car seat checked to see if it is installed properly. If you live in North Central Florida, you can schedule a free appointment with a certified car seat technician with Safe Kids by calling 352 231 4636 or on line at Shandssafekids.com or go to NHTSA’s website to find an inspection station near you.
Review car seat guidelines and make sure you are following the guidelines and that your child is safe in the car or truck: NHTSA’s guidelines.
Use your child’s age and size appropriate restraint system - Every Trip – Every Time. It is the law in Florida and is the most important thing you can do to protect your child or newborn if you are in a crash.

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

Texas Takes The Lead! But, We Floridians Can Also Protect Our School Children–Find Out How:

Jeffrey Meldon — Tue, 25 Aug 2009 14:53:33 GMT

Starting September 1^stin Texas, it will be illegal to talk on a cell phone in an active school zone unless: the car is stopped, a hands-free device is used, or in an emergency.

As we welcome a new school year in Alachua County, I wonder why Florida, or any state, wouldn’t also want to enact such a ban to protect our school children?

As an accident lawyer, it makes complete sense to me: small children + big cars + chatting/texting drivers = a very dangerous mix! We are required to reduce our speed from 35mph to 15 mph in most school zones for a reason – to be safe and focus drivers’ attention on the road because there are children around.

It is illogical then, if the purpose of a school zone is to create a zone of safety around a school, that the legislature would permit drivers to engage in dangerous behavior that:

decreases a person’s reaction time three times more that of a drunk driver (texting) and
is the equivalent to driving drunk (chatting on a cell phone).

The key to safe driving is to focus attention on the road and to keep both hands on the wheel. There is no question about the dangers cell phones bring to the road. Nearly nine months ago, the National Safety Council called for a nationwide ban on cell phone use while driving. The studies are clear and the data is alarming. Yet it remains legal in Florida, despite reports from the Governor’s Highway Safety Council showing that 80% of crashes are due to driver inattention - with cell phones being the #1 culprit.

(As a reminder, when it comes to the proven inattention to the road that cell phones cause, research has shown that hand-held or hands-free makes no difference as it is a brain distraction, not a hand problem.)

I applaud the efforts of the Texas Legislature to protect their school children. I urge every Floridian to do the following:

Follow Texas’s lead and get off the cell in school zones (even hands-free); we don’t have to wait until it becomes the law.
Contact your state Representative or Senator and urge them to follow the lead that has been set by Texas.

Originally posted at InjuryBoard by Jeffrey Meldon

Moving? Safety Tips for Do-It-Yourself Movers.

Jeffrey Meldon — Wed, 19 Aug 2009 11:41:44 GMT

Tis the season for moving for many Floridians that are heading back to school, or are starting a new job.

When loading and transporting property on trailers there are important safety concerns that can reduce your risk of having a roadside disaster and increase trailer and driving safety. Unless you are a trained moving expert or an experienced big-rig driver, this is a time to make sure you load the moving van or truck properly and proceed cautiously before heading on the highway with a heavy load. As an accident attorney, here are some important tips that may help you arrive safely:

If you are renting a moving van or truck, make sure it is from a reputable company and that their vehicles are in good repair. Check the truck over, paying especially close attention to the tires; worn, damaged or improperly inflated tires, combined with a heavy load is a set up for a blow-out on the Interstate, resulting in loss of control or rolling over.

Do not overload the van or truck, it is suggested that you rent a vehicle that is 10 to 15% bigger than you need for your household goods. If you are loading your own vehicle, double check the recommended weight limit and do not exceeded it; an overloaded vehicle can cause a blow-out or loss of control.

When loading, remember to load it properly and make sure that the weight is balanced and secured. Start with the heavy furniture first, getting it secured and balanced in the front of the box, i.e. if you put a heavy object on one side, balance it with another heavy object on the other side. Then place mattresses along the sides to cushion and secure the load, or use straps to properly secure the load. Remember, gravity is not an acceptable method of securing a load! Unbalanced and shifting loads can cause major accidents on the Interstate due to loss of control and/or roll-overs.

Do not transport flammable materials in the moving van or trailer, such as gas, or propane. In California last month, a moving van exploded when a BBQ and 2 propane tanks ignited. Also, in California, this month a man moving natural gas containers had to jump from his truck when they exploded.

When you finally get on the road give yourself plenty of time to get to your destination; do not rush. Driving a heavy van or truck or even your own heavily loaded vehicle is a different experience. Remember, heavy vehicles take more time to stop, and moving vans or trucks require a wider turning radius, so easy does it!

Safe Moving!

Originally posted at InjuryBoard by Jeffrey Meldon

UM Coverage, …. “Stack” it up and save!

Jeffrey Meldon — Mon, 10 Aug 2009 10:26:33 GMT

Florida has some of the worst laws in the country when it comes to protecting the innocent person injured in a crash. As an accident attorney, it is heartbreaking for me to see legitimately injured people, who thought they had “full coverage” insurance, find out that what they had purchased does not come close to meeting the needs of their injuries.

Florida’s required insurance is minimal and offers only very little protection if you are injured in an accident, even if the accident was not your fault! Florida Law requires drivers to carry these two insurances:

1. $10,000 of Personal Injury Protection (PIP) which covers 80% of your medical expenses and 60% of lost wages, up to $10,000 total, if you are injured in a car accident, no matter who was “at-fault” for the accident (Florida is a “no-fault” state).

2. $10,000 of Property Damage to cover the other person’s vehicle if you cause the accident.

Here is an example of why this amount of insurance will not protect you, and if you only have this amount of insurance why you are “Under-Insured”:

Let’s say you are sitting at a stop light and a distracted texting driver rear-ends you and both you and the at-fault driver only have the required minimum Florida insurance. You are seriously injured in the wreck and are taken to the ER, chances are that just your hospital bill alone will use up most or all of your PIP limit of $10,000 (and could easily exceed it) and the money for further medical treatments, prescriptions or any needed rehab will come out of your pocket, in addition, you will be out of luck for your lost wages. If your car’s damages are more than $10,000, that money as well will come out of your pocket unless you have collision and comprehensive insurance.

The solution: In addition to my other insurance recommendations, Florida drivers should always purchase Un-insured or Under-insured Motorist Coverage (UM or UIM) to protect themselves and their passengers from drivers who have no coverage or just the minimal required insurance or are under-insured in other ways. With the purchase of UM or UIM coverage, claims that exceed the insurance coverage of the at-fault person will be covered by your UM insurance policy. Here is an example:

Let’s say your accident claim, in the example given above, adds up to $100,000: Your PIP will cover $10,000, which leaves you with a balance of $90,000 to pay. If you had purchased UM coverage in the amount of $100,000, you will be able to collect the balance due from your own insurance company.

In addition: An important option available with UM/UIM coverage is the ability to "stack" coverage. If you insure more than one car, “stacking” will give you a lot more insurance coverage at a low cost. Here is how “stacking” works:

Assume that you have UM/UIM coverage in the amount of 50/100, meaning that it covers up to $50,000 per person and $100,000 total per accident. If you insure three cars, with stacked coverage your limits would increase three times to $150,000 per person and $300,000 per occurrence, and the cost is less than it would be if you had $100,000/$300,000 on each car separately.

So… “stack” it up and save!

UM/UIM coverage has become even more important to have in light of recent studies that show that nearly one in four drivers on the road today is driving illegally, without any insurance at all, and also many drivers are dropping coverage that is not required and just going with the basic required Fl insurance and are underinsured. In fact, we estimate that at least 70% of drivers on the road today are either un-insured or under-insured.

With this in mind, it is important to revaluate your auto insurance policy today. I suggest a minimum UM coverage in the amount of $100,000/$300,000 and to “stack” it up to save money if you have more than one car.

(Finally, remember that Bodily Injury Insurance protects the other person if you were at fault for an accident and does not offer you or your passengers any protection at all!)

Originally posted at InjuryBoard by Jeffrey Meldon

Texting while driving… it should be illegal in Florida!

Jeffrey Meldon — Fri, 31 Jul 2009 11:57:41 GMT

Yet another study has been released showing that texting while driving is dangerous! I say, how many studies do we need to prove the obvious and for this dangerous activity to become illegal in Florida?

This latest and startling study was done by mounting a video camera inside the cab of long-haul semi trucks and was conducted by the Virginia Tech Transportation Institute, one of the world’s largest vehicle safety research organizations. According to Rich Hanowski, the overseer of the project, “texting is in its own universe of risk,” when you compare it to the risk of other multitasking activities that are available to drivers of all kinds while behind the wheel.

The Institute concluded that texting while driving a car, pick-up, or any vehicle, even a semi, increases your risk of causing or being in an accident by 23 times! The study also found that typically drivers when texting, sending or receiving, take their eyes off the road for 5 seconds, which is enough time to go the length of a football field, and then some, when traveling at average highway speeds.

Tom Dingus, director of the Institute, was quoted saying that the study’s message was clear: “You should never do this,” he said of texting while driving. “It should be illegal.”

Yet, it remains a legal activity in the state of Florida; all drivers, even bus drivers with a bus full of school children, and tractor-trailer drivers hauling a double load down I-75, can text at will and still be within the law.

The Florida Legislature had a chance to do something about it this year with several proposed bills that would have changed the law, but failed to, despite the National Safety Council (the Group that got us to buckle up and not drive after drinking) calling for a nationwide ban on cell phone use while driving.

How many studies and deaths will it take for the Florida Legislature to do something about this proven deadly driving distraction and join the ranks of 14 other states plus DC that have a ban on texting while driving?

Some argue, and understandably so, even if Florida should step up to the plate and make our roadways safer by banning texting while driving, that it would be nearly impossible to enforce and may even make the problem worse, as drivers hide their texting activity well below the line of vision of law enforcement officers, making detection nearly impossible and at the same time, driving while texting even more unsafe.

However, as an accident attorney, I believe making texting illegal while driving is a start and a needed statement and law that Floridians deserve from their lawmakers in Tallahassee.

Originally posted at InjuryBoard by Jeffrey Meldon

A multitasker’s admission of guilt… Rehab?...sign me up!

Jeffrey Meldon — Thu, 30 Jul 2009 16:41:27 GMT

What is all the buzz about multitasking while driving? I do it and it is even legal, at least in Florida!

I am a multitasking king; it is a gift of mine. I can do a quick 3 miles on the treadmill while reading the NY Times on my Kindle, talking on my cell phone, responding to emails on my Blackberry, watching the news on TV, talking to the person next to me, and drinking water all at the same time, and I haven’t injured myself or anyone else.

I am an experienced driver and can drive while looking up a phone number on my Blackberry and then chat away as I maneuver through traffic, (it is a hands-free set up, so hey!), I can even send a quick message, and I have never caused an accident... so, what is the problem with multitasking while driving? I can do it.

The answer is, plenty is wrong with driving and multitasking! In fact, more and more research is proving it to be a dangerous activity that is plaguing our society today.

We know the risks, yet we continue to do it, even me. Even being an accident attorney for over 30 years and:

knowing the risks and dangers of distracted driving, of which cell phone use is the #1 culprit,
having blogged about the risks of chatting and texting for many months now,
being aware of the news of accidents a caused by this dangerous activity,
even having represented clients that have been injured by distracted drivers,

Yet, I still do it… I admit it, I am guilty!

Obviously, we all want to believe that we can do it all; multitask away and also be a safe driver on the road, but, it is just not the case! Here are the facts:

Driving while celling (hand-held or hands-free) is as dangerous as driving drunk,
Cell chatting drivers are 4 to 5 times more likely to cause an accident,
Texting raises a driver’s crash risk by 23 times!

It really does not take a Zen Master to know how important it is to be in the moment when you drive, to not be distracted, but to just drive. We all know driving is a potentially dangerous activity that requires our full attention and doing so might save a life that could be our own or one of a loved one, yet most of us still don’t do it, and we drive distracted, ignoring the basic rules of driving:

Both hands on the wheel,
Both eyes on the road and
Our full attention and mind on the road.

Facts are Facts; we all have to admit it, including me, multitasking while driving is a dangerous risky undertaking, no matter our age, experience or how good we are at it in other areas of our life.

The reality is that we need to turn off the cell while driving and give the road our full attention that it requires and save multitasking for the treadmill, before we get on the road, at a rest stop, or when we reach our destination.

Maybe there needs to be a Rehab course for driving multitaskers? If so, sign me up!

For more information on this important topic:

Bad news for Floridians on the road, texting and celling behind the wheel remains legal

Driving Distractions 101

Today Show Video; Texting While Driving Caught on Tape

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