Gainesville, Ocala & Daytona Beach Personal Injury Lawyer - accident

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

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

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

Red Bull + Driving = Bad Idea… Heads Up!

Jeffrey Meldon — Tue, 09 Jun 2009 11:45:17 GMT

Highly caffeinated drinks such as Red Bull and Rockstar have begun to replace a good night’s sleep in many teen and young adult lives. Filling schedules with school, extracurricular activities such as sports and clubs, and maintaining a social life has led teens and college students to decide between studying and sleeping. These high powered energy drinks help young adults do both, keeping them awake in order to study and then taking short, two or three hour “naps” before beginning their next day, rather than getting the recommended 8 hours of sleep.

These drinks contain so much caffeine as compared to sodas and coffee, that the FDA has required warning levels indicating that the regulated amount of caffeine is greatly exceeded in Red Bull and products like it. With 160 mg of caffeine in Red Bull, as compared to 17 mgs in a normal 12 ounce soda, or 100 mg in an average cup of coffee, two or more of these high powered energy drinks can lead to what researchers are calling “caffeine intoxication”, which causes similar symptoms to alcohol intoxication.

Caffeine intoxication causes everything from nervousness to excitement, disorientation to judgment impairment, muscle spasms to hallucinations. The anxiety associated with high amounts of these caffeinated drinks can also lead to a variety of problems that could require medical attention.

The National Safety Commission (NSC) has issued an alert for those driving under caffeine intoxication, similar to warnings associated with drinking alcohol and driving. Although drinking a cup or two of coffee or a soda can cause a driver to be more alert and focused on the road, caffeine intoxication from consuming two or more highly caffeinated energy drinks can lead to restlessness in drivers and irritability that can make them dangerous on the road.

The NSC finds that the lack of sleep associated with high consumption of these drinks is the biggest issue. Without sleep, disorientation can occur and thus driving can be impaired. According to the NSC, “studies show that approximately one hour after drinking a highly caffeinated and sugared drink, a sleep deprived person can experience lapses in concentration and tends to have slower reactions.”

The problem increases when the caffeine begins to wear off. The lack of sleep can hit the driver quickly, causing the driver to fall asleep at the wheel. Studies have shown that drinking energy drinks frequently over a long period of time can cause “caffeine induced sleep disorder,” which poses even more problems to the drinker’s body and sleep patterns, making them an even bigger danger as a driver on the road.

The NSC also warns that when a person decides to stop drinking energy drinks on a regular basis, withdrawals will occur, leading to headaches and concentration issues. The Commission warns that those experiencing these symptoms from attempting to stop drinking highly caffeinated drinks should not drive until the symptoms diminish.

Originally posted at InjuryBoard by Jeffrey Meldon

A Warning to the Motorcyclists: Hazardous Conditions on the Roads

Jeffrey Meldon — Tue, 03 Mar 2009 13:10:33 GMT

As the biggest Bike Week in the country is occurring in Daytona Beach this week, I wanted to give another word of caution to the bikers in and around Volusia County especially in light of the 7 fatalities that have occurred since the beginning of the event. While motorcycle accidents are sometimes caused by the negligence or recklessness of the other vehicle driver or the motorcyclists, many times it is hazardous conditions on the roads and highways that are to blame. When a motorcycle accident is caused by a sinkhole, pothole, unmarked curves, debris left by the road construction workers or failure to mark areas of road construction on a public road or a highway, in many circumstances you might be able to recover from a government entity, such as city, county or state, responsible for maintaining the roadways, or the private company doing the construction work.

What should you do if you have been injured in a motorcycle accident due to a dangerous road condition? It is critical to retain an experienced motorcycle attorney ASAP in a case involving a hazardous condition on a road. There are certain rules regarding bringing a suit against a governmental entity, including special notices that must be filed before bringing a lawsuit and the deadlines to file a notice and bring a suit. These rules may vary from city to city or county to county. Speaking with a competent, aggressive and experieced attorney in a timely manner is imperative in order to bring a claim against a public entity and to recover for damages and injuries.

If you or your loved ones are the victims of the accident involving a dangerous condition on the road, please contact our office immediately. We are a team of experienced accident attorneys who know how to deal with such claims and who will to our best to insure that you are fully compensated for your injuries.

Have a great and safe Bike Week!

For more information on motorcycle accidents and ways you can protect yourself, please see:

http://ocala.injuryboard.com/motorcycle-accidents/heads-up-to-everyone-on-the-roads-in-and-around-daytona-beach.aspx?googleid=257474

http://ocala.injuryboard.com/motorcycle-accidents/motorcycle-riders-need-to-protect-themselves-now-more-than-ever.aspx?googleid=256864

Originally posted at InjuryBoard by Jeffrey Meldon

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

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

Driving While Using a Cell Phone Issue Becomes Reality In Our Community

Jeffrey Meldon — Fri, 26 Sep 2008 17:38:19 GMT

On September 23, 2008, thirteen year-old Frances Schee was killed while riding the bus home from North Marion Middle School. The school bus made a routine stop on U.S. 301 when a tractor-trailer rear-ended it just outside of Ocala, pushing the stationary school bus forward 294 feet. The driver of the truck, Reinaldo A. Gonzales, immediately jumped out of his cab before the vehicles stopped; shortly thereafter, both vehicles caught on fire. The cab of the tractor-trailer completely burned, while the back of the school bus incurred significant flame damage and the rear seats were crushed. Rescue workers and bystanders rushed into the burning bus and rescued the children from the flames. Sadly, they could not reach Frances Schee in time.

Shortly after the accident, Mr. Gonzales made two significant statements. He told a fellow truck driver that he did not see the school bus. He also stated that he was using his cell phone immediately before impact.

While the facts and evidence are still being collected, it is not difficult to deduce from Mr. Gonzales's own statements that he did not see the school bus because he was distracted due to operating his cell phone. The potential dangers of using a cell phone while driving are far from a recent issue. Furthermore, cell phone related motor vehicle accidents have increased at a frightening rate over the past 15 years.

Yet even with these unavoidable facts staring every cell phone user and motorist straight in the face, cell phone usage in the car is more prevalent today than ever before. How many more tragedies like the one outside of Ocala must occur before this issue is taken seriously?

Currently, only five states and the District of Columbia have enacted laws that forbid using a hand-held cell phone while operating a motor vehicle (California, Connecticut, New Jersey, New York, and Washington). And although another 16 states have passed "partial ban" laws, they are mostly toothless, prohibiting a small sect--such as bus drivers or teenagers with learner's permits--from using a cell phone wile driving. Countries such as Brazil, UK, France, Japan, and Australia have passed strict laws forbidding this practice.

The key to safe driving is focus and the avoidance of distractions. In fact, it has been reported that using a cell phone while driving equates to driving after consuming four alcoholic beverages. This statistic begs the following question: Why is there such a disproportionate amount of concern (and laws) pertaining to drinking and driving as opposed to using a cell phone and driving? Frances was tragically killed because Mr. Gonzales was not focused on driving. His lack of focus, however, was not caused by alcohol or another substance; rather, it was caused by his cell phone.

Originally posted at InjuryBoard by Jeffrey Meldon

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