Panama City Florida Injury Lawyer Blog

A lot of people ask me, "What is the safest car I can buy to protect my family?" Just as there is no perfect car, there is no perfect answer to the question. But some generalities can be helpful, and websites provide research and comparisons of the relative safety of vehicles.

In my prior post topic 'Whiplash', I described to you the differences in stiffness between the platforms or chassis in various car makes and models and why that is important for your safety. The platforms designed by some manufacturers are relatively soft, allowing more crushing of the vehicle to occur in order to dissipate the crash forces before that force is transmitted to occupants. Occupants of these cars and trucks usually have fewer injuries than those in vehicles that are stiffer. A stiff vehicle platform and stiff surrounding structures reduce crush, thereby resulting in less property damage to the vehicle but, more importantly, typically much greater damage to the driver and passengers in that vehicle. Why? Because more force from the impact is sent through the body of the occupant since it wasn't dissipated during the crushing of as much metal. We call that dissipation of energy a "ride down."

If you're looking for a car to buy, you want one that has plenty of metal around you and that is soft enough to absorb the energy of a wreck by crushing appropriately to save you, not the vehicle itself. Another factor that affects your safety in a wreck is the geometry of the head rest. For example, is it close enough to your head to catch it quickly in a rear end collision, and does it go to the top of your ears so that your head won't be forced back over it? These are important considerations. Sit in a car and check the position of the head rest in relation to your head to see if it's geometry fits the criteria just mentioned.

Other factors affecting safety are things you can't so easily check like the number and quality of the roof welds, the design of door latches, side impact protection devices, if any, and seat belt geometry. All seat belts are not designed the same. Some have the anchor points on the floor so far forward that they fail to give adequate protection. Others permit a passenger's body to submarine under the lap part of the belt. That can cause terrible organ damage and paralysis. You can't sit in a car and effectively test these factors, but you can go to research sources. Some are very good. My favorite is Insurance Institute for Highway Safety, a non-profit research group that gives very good safety comparisons for vehicles. Another excellent source is The Center for Auto Safety. And don't forget about the National Highway Traffic Safety Administration's website.

In the end, remember that the fine appearance of a car's style doesn't equate to safety. It's beauty may be only skin deep.

Continue reading "What is the Safest Car You Can Buy for Your Family? " »

Tallahassee, Florida recently hosted a gathering of caregivers, survivors, medical researchers and the Florida Traumatic Brain Injury (TBI) community to share, support and inspire others. The Brain Injury Association of Florida and the Florida Department of Health sponsored the event at the State Capitol.

"Brain injuries affect people of all ages and all walks of life" said Valerie Breen, Executive Director of Brain Injury Association of Florida. "There are 210,000 people in Florida living with a brain injury. The consequences for those who survive and their journey to thrive is our story today. Access to health care, rehabilitation and life-long support is key to survivors and their families."

Buzz Bissinger was among the event panelists and featured guests. He is the award-winning journalist and author of "Friday Night Lights", a story of high school football in a small town. Bissinger is one of the first to bring focus on high school sports injuries and head trauma, concussion in particular. He reminds parents and coaches that they must help the athletes recognize the signs and symptoms of concussions and to make it acceptable to sit out a game or two to recover. In my years of representing people with TBI, it is the same for victims regardless of the cause of their injury. Motor vehicle accidents, boating accidents, slips and falls on hard surfaces, and brain injuries resulting from medical malpractice end in frustration not only for the injured but also for their families and friends. Typically, they note changes in mildly injured victims manifested by irritability, inability to focus, word finding difficulties, and short term memory loss (see new research information below) among other symptoms. More profound injuries, of course, can result in complete cognitive and motor disability.

The Tallahassee event focused not only on those living with Traumatic Brain Injury but also prevention of TBI. Others in attendance included Ana M. Viamonte Ros, Surgeon General of the State of Florida; Frank Toral, Director, Brain Injury Association of Florida; Valerie Breen, Executive Director, Brain Injury Association of Florida; Jacob W. VanLandingham, Ph,D., Assistant Professor in Biomedical Sciences, FSU College of Medicine as well as 9/11 and TBI survivor, Chee-Chee Parker and Lester Rice, TBI survivor/caregiver, activist.

Continue reading "Surviving Traumatic Brain Injury" »

Whiplash. It's a controversial word that brings up different thoughts among people. Whiplash injuries are the most commonly sustained injuries in automobile accidents. This kind of injury to the neck occurs most often when a vehicle is hit from the rear, but it can also happen when it's front is hit. The head of the person in the vehicle whips back and forth, thus giving the injury sustained in this type wreck its name.

To a doctor treating the injury and to the injured patient, "whiplash" means cervical strain, (i.e., the stretching and/or the tearing of small delicate tissues in the neck such as muscles, nerve fibers and ligaments). The effect is pain, which is sometimes permanent, and which is sometimes accompanied by headaches from muscle spasms in the neck. Occasionally associated with whiplash are the additional symptoms of dizziness and ringing in the ears.

On the other hand, insurance adjusters react to the loose diagnostic word "whiplash" in a different way. They are trained by their companies, who furnish them with literature minimizing the effect of whiplash, to say, "Oh, you have only a whiplash injury, nothing serious," or to redefine the injury as a "Minimal Impact Soft Tissue" or "MIST" injury. The thought they and their insurance defense lawyers try to portray, especially to jurors, is that a minimal impact soft tissue injury can't be permanent or serious, because if the damage to the car wasn't bad, how could injury to the person inside it be bad? And they use the acronym "MIST" to imply that the injury is like a cool morning's mist that will evaporate in the sun. This is a terribly simplistic and incorrect, even fraudulent, approach to the dynamics involved in a collision.

For example, it fails to take into account the different stiffness built into each vehicle platform or chassis. The platforms designed by some manufacturers are relatively soft, allowing more crushing of the vehicle to occur in order to dissipate the crash forces before that force is transmitted to occupants. Occupants of these cars and trucks usually have fewer whiplash injuries than those in vehicles that are stiffer. A stiff vehicle platform and stiff surrounding structures reduce crush, thereby resulting in less property damage to the vehicle but, more importantly, typically much greater damage to the driver and passengers in that vehicle. Why? Because more force from the impact is sent through the body of the occupant since it wasn't dissipated during the crushing of as much metal. We call that dissipation of energy a "ride down." If you're looking for a car to buy, you want one that has plenty of metal around you and that is soft enough to absorb the energy of a wreck by crushing appropriately to save you, not the vehicle itself.

Continue reading "Whiplash: The Most Common Auto Accident Injury (What It Means and How It's Caused) " »

After more than a week of Toyota's gas pedal issue and the halt in production being headline news, there seems to be a fix. The article published in CNNMoney.com states that Toyota has developed a fix and is already shipping the new parts to dealers. Toyota has recalled 2.3 million vehicles in addition to halting production of its bestselling car, the Camry. In this article, it also states that Toyota has been aware of the 'unintended acceleration' issue for about 10 years. It took a major car dealer, which is a top seller of new cars, 10 years to find a fix to a problem that has already been suspected to be the cause of 19 deaths. How many accidents occurred in the 10 years that did not result in a death? Why does it take so long to find the cause and fix the problem? One would have to wonder if the cost of admitting there was a problem and finding the solution was higher than the cost of paying for injuries and deaths. After the first reported death, I would suspect a team of investigators would analyze the crash details to determine if the cause was due to mechanical failure or driver error. Maybe the results did not confirm either cause, but what about after the second death or the third or the tenth?

The most horrific and most widely publicized car accident related to a gas pedal issue was the death of an off-duty state trooper and 3 members of his family. The Lexus they were in sped out of control due to the gas pedal getting stuck on the floor mat, another issue Toyota has been aware of for several years. Why does it take a family being devastated by an accident in order for a manufacturer to take proactive steps to prevent this from happening to anyone else? This pattern seems to be prevalent in auto product liability cases.

Other manufacturers have had similar problems. Back in the 70's, Ford made headline news surrounding the gas tank explosions in the Pinto models. Again in the 90's, Crown Victoria's experienced the same gas tank explosion issue blamed on faulty design. With all the crash testing performed by the manufacturers, one would think that these issues would have been identified long before these models went into production.

Continue reading "Auto Recall Information: Your Safety and the Car Manufacturer" »

Palm Bay, Florida, is a long way from home in Panama City, Florida, but I found the results of their new traffic system interesting. They implemented a red-light camera system in November of last year and have already issued 2,300 warning letters to drivers who were filmed running lights. Effective February 16th, if a driver is caught on camera running a red light, a civil fine of $125 will be imposed. Interestingly enough, during this warning period, a Palm Bay city-owned vehicle, four Brevard County vehicles and two vehicles registered to the Brevard County Public Schools were among the list of drivers disobeying the traffic signals. It is disturbing to me to read that in at least 145 instances there were driver's who were found to have been caught more than once and in 15 instances caught 3 times or more. By comparison, during 2009 before the camera system was installed, only 407 drivers were cited for running a red light.

When caught on camera, a photo of the license plate will be sent to the car owner who can access a website to view a 12-second video. It leaves little to dispute.

Not everyone is supporting this new tactic. Although opponents are challenging the legality and warn that the City of Palm Bay could end up in court, city council members voted unanimously in favor of the cameras in 2008 in response to residents' concern. Signs are posted at the intersections warning that the signal is 'photo enforced'.

The Federal Highway Administration compiled data in 2005 from 132 intersections in seven unidentified jurisdictions that had installed red-light cameras. Right angle or T-bone accidents decreased about 25% after they were installed. However, rear-end crashes increased by 15%. It's simple to avoid the latter problem. Increasing the distance between you and the car in front will allow you enough time to respond to any action taken by the driver in front.

The goal of this system is to get people to stop when the light turns red, not to hit them with tickets and fines. Remember, a yellow light means "prepare to stop" not "hit the gas to make it through before the light turns red."

Continue reading "Florida Red-Light Tickets By Camera" »

A new Australian study reported in the January 2010 issue of the Wall Street Journal took a look at the impact of sedentary behavior on health, linking time watching television to an increased risk of death. The most surprising finding was that the affect was not just on "couch potatoes" but even for people who exercised regularly. The risk of death increased the longer they were in front of the TV. The problem was the prolonged period of time sitting still.

Researchers tracked 8,800 people for an average of 6 years and found those who watched TV for more than 4 hours per day were 46% more likely to die of any cause and 80% more likely to die of cardiovascular disease than those reporting they spent less than 2 hours a day watching TV. This not only applies to time spent in front of the television but also time spent at a computer desk or playing video games.

The nation's sedentary behavior has been in the spotlight in recent years due to the epidemic of obesity in the U.S and around the world. The public-health message urges children and adults to put down the remote or video game controller and get on a treadmill or participate in outdoor activities or sports.

The research supports how prolonged periods of inactivity can affect the body's processing of fats and other substances that contribute to heart risk and suggest they can be avoided by reducing the extended periods of sitting.

As a Panama City Injury attorney I often found myself sitting for long periods of time while talking to my clients, working on documents, or researching case law that pertained to the victims of personal injury accidents that I represent predominantly in the Panama City area of Florida and in Alabama and Georgia. Being concerned with my health and reading other reports of the benefits of "walking while working," I made the decision to replace my desk with a Sit/Walkstation desk. This allows me to walk on the treadmill at a maximum 2 mph and still be able to work (reading, researching or typing on my computer, or talking) comfortably. This slow pace helps to improve my cardiovascular health without my becoming winded even while talking on the phone with clients or other business contacts. The Walkstation also lowers to desk level when I want to sit to work or rest.

Continue reading "Improve Your Health - Get UP From Your Desk" »

As a personal injury attorney in Panama City, Florida, I all too often get calls asking for representation and learn that the driver of the car was not covered on the car owner's insurance policy. The typical pattern starts out innocently enough - a friend asks to borrow a car to go on a job interview or run to the store. A careless driver runs a red light or changes lanes without looking, and in the blink of an eye, an accident occurs. Maybe the person who caused the accident has coverage, but the bodily injury coverage may not be adequate for the injuries sustained by the driver. We would next look at the host car owner's policy, sometimes finding that he/she did not carry uninsured or underinsured motorist coverage (which would provide to the injured driver more benefits than those of the at-fault driver's policy), possibly leaving the driver with out-of-pocket lost wages and medical bills.

When purchasing insurance coverage for the vehicle, the owner may not have been aware of the insurance coverage options or may have been concerned with the cost of the monthly premium. Regardless of the reason, the injured driver becomes the victim a second time. The first time, a victim of the at-fault driver. The second time, as a result of their not being enough insurance as described above. If the driver owned an insured vehicle of his/her own, it's possible the policy covering it will provide more coverage, but often that is not the case. How then can this driver get protection for the future? Better yet, how can you protect yourself from being in this unwanted situation?

Consider purchasing Non Car-owner Insurance. There are many limitations associated with this type insurance, so be sure to speak to your insurance agent to be clear about your needs and to get the coverage you need. Non Car-Owner insurance provides only liability coverage; it will not cover the damages - comprehensive or collision - sustained as a result of the accident. It will protect you only when you are driving a vehicle in which you have no ownership of any kind, is not regularly available to you, and is not being used for a work related mission. To find out more, call your insurance agent.

The US Consumer Product Safety Commission (CPSC) in cooperation with Graco, a major stroller manufacturer, has recalled about 1.5 million strollers because of the risk of finger amputations and lacerations to children. The recall includes several travel systems and models of strollers made by Graco Children's Products.

The fingertip amputation risk is in the area surrounding the hinges on the product's canopy when it is opened and closed. Graco received reports of injuries to children when they put their fingers in the stroller canopy hinge mechanism, including five fingertip amputations and two lacerations.

The CPSC has advised consumers to stop using the recalled strollers and to contact Graco immediately to receive a free protective cover repair kit.

The recalled strollers and travel systems were sold at many retail stores including Babies "R" Us, Toys "R" US, Kmart, Wal-mart, Target and Sears.

To stay informed of other product recalls, visit the US Consumer Product Safety Commission website or visit the LINKS page of my website. Injuries from dangerous and defective products, resulting in product liability cases, has been a focus of my personal injury practice in the Panama City, Florida, area and nationwide for many years.