Gainesville, Ocala & Daytona Beach Personal Injury Lawyer - Car

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

Care and Feeding of Tires.

Jeffrey Meldon — Tue, 30 Jun 2009 10:46:05 GMT

A married couple from Ocala were killed while their twin daughters left uninjured, after a tire on the family mini van blew out in Valdosta Georgia on June 11th, 2009. Officers reported that Jonathan Simmons, 47, and his wife Undine, 46, died on the scene while inspecting the damage to their vehicle after the blow out. As the two were standing on I-75 an SUV, over- correcting from debris still remaining in the road, struck the Simmonses. The occupants of the SUV and the twin Simmons daughters were unharmed.

The period following an accident leaves those left behind with many emotions and questions, sometimes the most troubling being, could this have been prevented with proper tire maintenance? We probably will never know the answer to this question and my heart goes out to the Simmons family, however, maybe we can take this time to reflect on the important issue of care and maintence of our vehicle's tires.

A tire blow out is a sudden deflation of a tire during vehicle operation. It is almost spontaneous, and can lead to serious damage, roll-overs, loss of control of the vehicle, injury, and even death. The best way to deal with tire blow outs is to do what you can to prevent them from happening to you. The following are measures that every motorist should take before embarking on a cross country road trip, or even a cross town grocery run.

1) Check your tires' pressure at least once a month. Tire pressure gauges are available at any auto parts store and are both inexpensive and small for storage in your glove compartment. (Do not over or under inflate your tires; inflate to the recommended specifications for your particular tires.)

(Low tire pressure can also lead to reduced fuel economy)

2) Any time you run over a curb, debris in the road, or come into contact with any object while driving, get out and inspect all tires to ensure that they are undamaged.

3) Stay current with any recalls that might affect their safety performance.

4) If your tires are excessively worn, you should replace them immediately. Worn tires will reduce traction, overall vehicle performance, and run a higher risk of blow out. (You can do this by a visual inspection looking for bubbles, or seperations, and also you can check tread wear by inserting a penny, head down, between the treads, and if the treads do not cover part of Lincoln's head... your tires need replacing.)

5) Have your tires, and generally entire vehicle, inspected regularly. And if you suspect that there is a problem with your vehicle, have it examined by a certified mechanic.

Safe driving!

Originally posted at InjuryBoard by Jeffrey Meldon

If these are "good neighbors" I'm changing neighborhoods!

Tom Copeland — Wed, 19 Nov 2008 10:25:45 GMT

Every day we emphasize to clients and others we come into contact with the importance of having the proper automobile insurance. Florida's "no fault" system does not require a car owner to carry bodily injury liability coverage to pay for personal injury damages to a person injured by the negligence of the car owner or anyone they may allow to drive their car. As a consequence, it is important for everyone who has financial and family obligations to carry uninsured/underinsured motorist coverage to protect yourself in the event you are injured by the negligence of another driver. This type coverage protects you if the driver/owner who caused the accident either does not have insurance or has inadequate insurance (i.e. limits that are too low to fully compensate you for your injuries/damages). You have to pay for your own uninsured motorist coverage. While this does not seem fair, it is nonetheless necessary if you have financial obligations to creditors (as we all do) who do not care why you are unable to pay your bills. So far this sounds simple. Just get the uninsured motorist coverage and you have nothing to worry about, right?. Wrong. Most people who purchase car insurance rely on their insurance agent and never read their policy when it is received. This can be a big mistake as one of our clients recently found out. Our client was a resident of Georgia who decided to move back to Florida to be closer to her aging mother. The plan was for her to move in with her mom for a period of time until she found a job and got a place of her own. Her Georgia car insurer did not sell insurance in Florida. Upon moving in with mom, she started to look for a car nsurance company. Client's mom suggested that she call the local "good neighbor" insurance company that insured mom's car. When the client called, she told the "good neighbor" insurance company agent that she wanted "full coverage" just like she had in Georgia. In the discussion, the subject of uninsured motorist coverage came up. The agent advised the client that because she lived at home with her mom, who had uninsured motorist coverage on her (mom's) vehicles, client did not need to purchase separate uninsured motorist coverage as it would duplicate coverage she already had through her mom's policy. It was represented that when client moved out of mom's house, she would need to purchase her own uninsured motorist coverage. (note: the insurance agent has not denied the client's version of the transaction) Client purchased "good neighbors" insurance policy and paid her premiums by automatic bank withdrawal. If there had never been a car accident, client would have continued to pay, insurance company would have continued to collect, and that would be the end of the story. Natrually, things didn't work out that way. One afternoon a few months after the policy was purchased, the client was driving down the road minding her own business when a vehicle made an illegal left turn in front of her. She had no time to stop and struck the vehicle broadside. The impact caused client's car to roll several times and despite the use of a seatbelt, client was ejected from the car suffering siginificant injuries requiring emergency surgery to repair a severely fractured pelvis/hip and a lacerated arm. The client is still undergoing intensive physical therapy to regain the strength to walk without the assistance of a walker and has had several surgeries on her arm due to on-going problems with infection. Following the accident, client applied for Personal Injury Protection benefits through her own policy and Uninsured Motorist benefits through her mother's policy (the at fault driver of the other car had no insurance and the owner only had minimal bodily injury liability coverage). Uon receipt of the uninsured motorist claim from client, "good neighbor" insurance company quickly denied coverage because while daughter was a "resident relative" in mom's household for uninsured motorist coverage purposes, mom's policy specifically excluded coverage for a household resident who was driving a vehicle not listed on the policy. Since client was driving her own car, this provision of mom's policy excluded the client for uninsured motorist coverage! While the "good neighbor" agent may have overlooked this issue when advising our client about the coverage she needed, they didn't miss the issue for a second when a claim was filed. Now our client is forced to pursue an "errors and omissions" lawsuit against the "good neighbor" insurance agent rather than simply filing a claim and receiving payment of the benefits she was told she would have if she was injured by an uninsured/underinsured motorist. The moral to the story is never rely completely on the "insurance professional" regarding what your policy covers. When you receive the written policy, read through it, at least the coverage and exclusion sections. Then, if there is anything you don't understand, ask the insurance company for clarification in writing. If that doesn't clear up the issue for you or if they refuse to give you a written explanation, it's worth your time and a few dollars to consult an attorney before you find yourself in the same boat as our client and many others who depend on the expertise and the integrity of their "good neighbor" insurance agent/company. As I said, if this is a "good neighbor", I'm changing neighborhoods!

Originally posted at InjuryBoard by Tom Copeland

Two Remain in Critical Condition After Saturday Crash

Jenny Albano — Thu, 21 Feb 2008 17:01:07 GMT

Two people remain in critical condition after a fatal two-car accident on Saturday, February 16. The drivers of the vehicles are still at Orlando Regional Medical Center.

Authorities said one of the drivers, Jeremy Leon Halfcare, 20, of Eustis, refuses to speak with troopers about the accident, which claimed the life of his passenger and cousin, 18-year-old Ray Edward Jenkins.

The authorities are still investigating the accident, and once they turn in their findings, the State Attorney's Office will decide if charges will be brought against Halfcare.

Right before the accident occurred Saturday afternoon, Halfcare ran a stop sign and failed to use a turn signal. When a deputy attempted to pull over the 2007 Pontiac, Halfcare sped away. After the officer chased the Pontiac for a while, the deputy finally stopped following the car.

Witnesses told the authorities that Halfcare's Pontiac was driving recklessly before it lost control and crossed into oncoming traffic. Once in the other lane, the Pontiac crashed into a 2006 Chevrolet Malibu, driven by Eleanor Celeste. Celeste is sill in intensive care.

Originally posted at InjuryBoard by Jenny Albano

Single Car Wreck Kills Five Men in Ocala

Jenny Albano — Mon, 28 Jan 2008 01:00:55 GMT

On Saturday, January 26, a car smashed into a tree killing five young men in Ocala.

A car traveling at high speed down a private airport runway ran off an embankment and was airborne for 200 feet before smashing into a tree early Saturday, killing all five young men in the vehicle, the Florida Highway Patrol said.

Investigators were unsure if the car was driving alone or if the vehicle was racing another car. The car off an 85 foot embarkment at the end of the airport runway, it then hit a tree and the car split in half. The wreckage from the accident was spread over a 200 foot area.

Three of the five occupants were ejected from the vehicle and according to investigators it is too early to tell if the men were wearing seatbelts at the time of the car crash.

Two of the men, who were 18 to 20, were from Ocala, two were from Fairfield and one was from Anthony. The victims have all been identified, but only two names have been released to the press. Jacob James Casey, 19, and James Devon Hime, 19, were both pronounced dead at the scene.

For more information on this subject, please refer to our section on Automobile Accidents.

Originally posted at InjuryBoard by Jenny Albano

Valrico Man Critically Injured in ATV Accident

Courtney Mills — Tue, 14 Aug 2007 14:59:00 GMT

A 16-year old was riding on an ATV in Lithia and crashed into a tree. Reports indicate that Chris Anthony Casanova was riding on his ATV, failed to make a turn and ran head-on into a tree.

The exact reason for the accident was unclear at the time, although speed did appear to be a factor. The operator was wearing a bike helmet, but suffered nonetheless very serious injuries in the accident. He was taken to Tampa General Hospital where reports indicate he is recuperating from the accident. ATVs have been implicated in a variety of accidents, and users should exercise extreme caution when driving them.

For more information on this subject matter, please refer to the section on Car and Motorcycle Accidents.

Originally posted at InjuryBoard by Courtney Mills

Car Crash Kills Driver

Craig Cannon — Tue, 01 May 2007 16:29:28 GMT

A 19-year-old Silver Springs man died Sunday after a two-car crash. The crash occurred at the intersection of Northwest 145th Avenue Road and County Road 326. After the car crash Joshua Joseph Stacy was transported to Shands Hospital in Gainesville. He was pronounced dead at the hospital.

Stacy was driving a 1990 Chevrolet Cavalier at the time of the crash. Stacy was traveling south on Northwest 145th Avenue Road when the collision occurred. The car crossed into the path of a 1995 Chevrolet Geo headed west on CR 326. The collision occurred when the front of the Geo hit the driver's side of the Cavalier. Kelly Dawn Harper, 18, of Ocklawaha, was the only passenger in the Cavalier Stacy was driving. She suffered minor injuries. The driver of the Geo, Ana Hernandez Morales, 22, of Ocala, and passenger Abel Terraza, 19, of Ocala, were also injured.

Stacy is the 26th traffic fatality in Marion County this year.

Originally posted at InjuryBoard by Craig Cannon

Woman Killed by Van

Craig Cannon — Fri, 27 Apr 2007 07:48:23 GMT

A New Smyrna Beach woman was killed Wednesday afternoon after getting off a Votran bus on South Dixie Freeway. Shelby Kane, 21, was pronounced dead at the scene. Witnesses said Kane had just gotten off a southbound Votran bus and was crossing the four-lane street when she was hit by a van.

Kane was apparently headed to the New Smyrna Beach Regional Library, when the crash occurred. A passenger on the bus did not see the impact, but saw Kane thrown into the air. Two passengers tried to help the seriously injured woman until paramedics arrived, but to no avail.

New Smyrna Beach Police Officer Chris Salomone said his preliminary investigation shows the driver of the van, Donna L. Lyam, 45, Edgewater, had no time to react. Her van, traveling south in the lefthand lane as it passed the bus, hit Kane, throwing her into the windshield, then into the air, before she landed on the pavement.

One of the passengers commented that she had always learned not to cross in front of a stopped bus. The investigating officer also stressed this point to avoid accidents like this from happening again.

Originally posted at InjuryBoard by Craig Cannon

Hit and Run Driver Leaves Ocala Teen in Coma

Shannon Weidemann — Thu, 26 Apr 2007 14:27:30 GMT

A 14-year-old girl from Ocala was hit by a car while walking on her street. The accident left her in a coma. The driver of the car did not stop and fled the scene. The police believe she was hit by the side view mirror of the car. Another driver was able to provide police a description of the car.

Florida Highway Patrol troopers said they believed the car was missing a windshield wiper and had possible damage to its windshield, hood and front bumper. FHP spokesman Michael Burroughs said investigators located the suspected vehicle in the Summerfield area Sunday night and are interviewing a possible suspect.
Officials are taking steps to have the vehicle processed for evidence by the Florida Department of Law Enforcement. FHP has not released the name of the suspect.
"The FHP still requests that anyone with information regarding this crash contact the FHP in Ocala," Burroughs said.

The victim's condition continues to improve and her family is hoping for a complete recovery. She is suffering from head injuries.

Originally posted at InjuryBoard by Shannon Weidemann

Traffic Signals to Prevent Car Accidents

Craig Cannon — Fri, 20 Apr 2007 08:28:58 GMT

As a result of concerns over car traffic conditions in The Villages, a community development district board is openly in favor of installing traffic signals at the intersection of Morse Boulevard and San Marino Drive. The board expressed disappointment when professional traffic engineers recommended not to install traffic signals at the intersection. All five board members are concerned about traffic conditions at the intersection.

The increased traffic has led to some reported car accidents and is generating fears that more automobile collisions could result. Last month, the board expressed its desire to place traffic signals at the intersection. District Manager Janet Tutt advised them a traffic study was needed to conclude whether traffic lights were warranted. The board then hired the traffic engineers. Sumter County Commissioner Dick Hoffman said he recently met with everyone involved to discuss the Morse Boulevard traffic conditions. On Friday, the board reviewed the completed report which determined that traffic signals were not needed.

Originally posted at InjuryBoard by Craig Cannon