Panama City Florida Injury Lawyer Blog

Summer vacations and accidents go hand in hand. My thirty years of experience representing people who have been injured in accidents has imprinted in my mind ways that most accidents can be avoided. Most injuries and deaths can be avoided if people are aware of the driving behavior that repeatedly maims and kills. On the mild side, I'm talking about tailgating that has resulted in an epidemic of rear end collisions. At its worst, it is drunk driving, steering down the wrong side of a road, and exceeding the speed limit by a large margin.

Speed kills. In the hundred miles from Panama City to Tallahassee or Pensacola, you save only 6 minutes by going 70 instead of 65 mph. And every 5 miles an hour over the speed limit increases the energy of a crash immensely so that even the best designed vehicles cannot absorb the energy of the impact as they crush. The result is that the body takes the brunt of the crash.

Another huge cause of wrecks is running red lights. Seventy five percent of city collisions are caused by people running lights intentionally to save an average of one minute driving time or because they are inattentive. Hitting the gas instead of the brake when a light turns to orange or red is disastrous in too many cases. Failure to wear seat belts remains a deadly mistake. The damage is done when the unbelted person strikes the interior of the vehicle with huge force. It is impossible in a collision of over about 8 mph for a person to brace with his arms to prevent striking interior components like the dashboard and windshield. And a huge percentage of unrestrained occupants are ejected through windows. Often, when people are ejected, their own vehicle rolls over on them.

Inattentive driving kills about five thousand people a year according to NHTSA. While cell phone usage is only one bad idea when on the road (others being adjusting the radio, lighting cigarettes, and text messaging), it's become dangerously prevalent.

At any moment an estimated one million people are on our roads driving and talking on cell phones. Avoid these commonly occurring scenarios, and your summer vacation is likely to be a happy and safe one.

Whiplash injuries are the most common injuries in automobile accidents. This kind of injury to the neck occurs most often when a vehicle is hit from the rear. The passenger's head whips back and forth, giving the injury sustained in this type of wreck its name.

To a doctor treating the injury and to the injured patient, "whiplash" means cervical strain, i.e., the stretching and tearing of delicate tissues in the neck such as muscles, nerve fibers and ligaments. The effect is pain, which is sometimes permanent, and sometimes headaches, 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 to minimize these injuries. Typically, they 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 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. It fails to take into account the different stiffness built into each vehicle's 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. In stiffer vehicles, 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.

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. Whiplash is bad, so you definitely want to avoid it.

The 2011 National Hurricane Preparedness Week is May 22 through May 29th. According to the Tropical Meteorology Project based in Colorado State University, we are likely to see an above average hurricane season in 2011. Their forecast for this season, which begins on June 1st and runs through November 30th, is expected to see 17 named storms in the Atlantic basin, 9 of which will develop into hurricanes.

With previous storms such as Katrina (2005), Wilma (2005) and Ike (2008), it's proven that being prepared can not only save lives but can help to avoid putting your family through unecessary hardship. The most basic needs such as clean water and food can be available to you and your family by simply following the Hurricane Preparedness Guide published by the National Hurricane Center.

If you have any elderly friends or neighbors, be sure to add them to your list to ensure they will be safe throughout an approaching storm. And lets not forget our four-legged friends. Pets are often forgotten and are left out in the deterioriating weather.

The warm weather is here, which many associate with outdoor activities such as swimming and boating. The National Safe Boating Council has named the week of May 21 through May 27th as National Safe Boating Week for 2011. Their goal is to promote safe boating by conducting a series of on-going national campaigns. Their website has a variety of safe boating courses, details of their safe boating campaigns and other resources to assist anyone wanting to enjoy their time on the water and stay safe at the same time.

All too often, there are reports of boating accidents. In 80% of all fatal boating accidents, the cause of death is drowning. In 90% of those drowning, the person was not wearing a life jacket. Even the best swimmer can get into trouble in rough waters especially if the accident results in an injury or if the person is knocked unconscious. Wearing a life jacket will keep you afloat until help arrives or you're able to recover enough to swim to a nearby floating object.

Life vests have come a long way since the bulky over the head devises were designed. Life vests are designed with the size and weight of the person wearing it in mind. It's important to read the recommendation to be sure you and your family members are wearing the appropriate size and type of life jacket. Putting a life vest on your child that is too large can result in them slipping out of it if tossed in the water unexpectedly. Wearing one designed for a lighter weight may not keep you afloat when you need it to. Each are designed for a purpose; general purpose would be sufficient in a pool setting whereas you would want to be sure your child is wearing a life vest suitable for boating if you intend on spending the day on the ocean with the family. Life vests range in price from relatively cheap to upwards of $50 or more, it all depends on the type of life jacket and its intended purpose. This is not an area to skimp or be looking for bargains when you make your decision to buy one. If taken care of, this investment will last a long time and may be responsible in saving your life one day.

Common sense is also important in all water sports. Avoid drinking alcohol when involved in water activities. Alcohol consumption while boating, swimming or water skiing simply do not mix so don't do it! Alcohol will affect your response time as well as affect your decision making when involving what could be a dangerous activity. Plan a family fun day on the water and take the necessary precautions to be sure everyone stays safe. Speak up if a family member or friend is creating an unsafe condition. Friends don't let friends drive-or swim drunk. Be smart, think first and have fun this summer.

If you ever get hurt and have to make a claim against another person's insurance company, you have to know how to avoid playing into their hands. Insurance companies are powerful corporations that never have your interests at heart despite their promises in commercials. You have heard me say before that you definitely must avoid talking to the other party's insurance adjuster. When that adjuster calls after an accident, you will be far better off if you have already talked to a lawyer who should have advised you to say, I'm represented by an attorney. At that point, the adjuster has a legal obligation to discontinue the conversation. But there are other things that you can do to avoid being taken advantage of by an insurance company after you've been hurt.

The practical suggestions I'm going to give you center around some of their common defenses. First, they will have a powerful defense against a personal injury case if you didn't get medical treatment shortly after the accident. Your delay in getting treatment gives the insurer the opportunity to argue that if you had been hurt much, you surely would have gotten treatment. Delay in treatment also gives the insurance company a chance to argue that between the accident and your first medical treatment you must have been injured by something other than the accident that its driver caused.

Second, it will try to defend by showing that you have had lengthy breaks in treatment for your injuries. Because their lawyers can argue to the jury that if you weren't getting treatment, you weren't hurting. It's a logical and compelling argument. It's not true in many cases, because some people just don't have insurance to cover treatment they need. Nevertheless, you can avoid this common and misleading defense by going to your doctors as often as you need to and not letting the insurance companies use gaps in treatment against you. Even if there's no insurance to cover the treatment, a good personal injury attorney can arrange for your treatment until your case is settled and you have the money to pick up the cost of treatment yourself.

School will be out before you know it, and you'll be ready to hit the road and go on that vacation you've been waiting for all year. But wait! Have you taken the necessary precautions to make sure your family is safe in the car?

It is recommended that before you leave on that road trip that you have your vehicle inspected by a qualified mechanic. Be sure to have them check your tires for excessive wear and proper tire inflation. Blown tires are a leading cause of loss of control of vehicles. A Qualified mechanic will inspect under the hood to see if any of the engine belts are worn to a point that they may be the cause of a break down leaving you stranded on the side of the road.

Do your windshield wipers need to be replaced for good visibility? There's nothing worse than being caught in a rainstorm only to turn on your wipers and have them slide across your windshield and not provide the clear window you were expecting.

Do you have a set of jumper cables in your car? You never know when you may need them. A routine stop along your vacation route for a bite to eat can easily turn into a nightmare if the car doesn't start due to a weak battery.

Take a few minutes before you hit the road to inpsect your car . It could save your life or the life of a family member.

Many of us spend a tremendous amount of time in our cars these days. In Bay County alone, there are more than 140,000 licensed drivers on the road ranging in ages from 15 to 90+. The increased flow of traffic on Highway 77 in Lynn Haven has been the focus of a recent news story to find a solution hoping to decrease the number of fatalities in this area. Our desire to get back and forth to work, make that appointment on time, or run the barrage of errands we need to accomplish on lunch breaks often lead to multi-tasking while driving. This can put not only you but also the drivers around you in a very dangerous situation.

Texting, making phone calls, or eating your lunch while driving take your focus from the roadway to whatever task it is you are doing. A 2008 study done by the Florida Dept of Highway Safety on distracted drivers determined that drivers were 4 times more likely to be involved in an accident when they were multi-tasking while driving. The number of cell phone users has increased over the years in record numbers. In fact, many families have actually eliminated their home "landline" in exchange for each family member having their own cell phone. The need to be connected at all times has resulted in an increased number of drivers diverting their attention from simply driving their car to operating a mini-office in their vehicle.

To reduce your risk of getting into an accident as a result of road distractions, avoid the most common tasks that have statistically resulted in an accident.

• Always wear your seat belt. First of all, it's the law and, secondly, it could save your life by reducing your chances of being ejected from your vehicle in the event of an accident.


• Give yourself plenty of time to get to your destination. If you are rushing, you are more likely to speed or tailgate and may be less attentive to the traffic activity.


• Make all efforts to not use your cell phone while you are driving. If you must, use a hands-free device, keep your eyes on the road, and make it brief. Under no circumstances should you text and drive.


• Avoid eating and drinking while driving--take a few minutes to pull off the road to eat your lunch.


• Make sure your child is in safety restraints such as a car seat or seatbelt as appropriate for their age and size. DO NOT allow them to move about the car while it is in motion.


• Avoid reaching for items in your car, such as adjusting the radio or an item from the rear seat. The moment you look away from the road could be the moment the car in front of you slows down or stops. Keep a safe distance while in motion to allow you to react should the driver ahead stop abruptly.

Parents should talk with their teen drivers about safety and should enroll them in a driver safety course. Not only will it educate the teen driver, but it will also result in a discount on your car insurance. Parents should also lead by example. If your driving habits include risks, your teen driver will likely repeat them as well.

The Florida civil justice system just dodged a bullet. A few weeks ago, the speaker of the Florida House of Representatives introduced a bill to propose a constitutional amendment. Its goal was to split the Supreme Court into separate civil and criminal divisions with different justices sitting on each bench. The speaker, Republican Dean Cannon of Orlando, claimed the bill would save money and eliminate the backlog of cases not yet heard by the current justices who hear both civil and criminal cases. However, the figures don't support those arguments.

The Supreme Court's case load has fallen to half of what it was in 2001, and the Office of State Courts Administrator concluded that Cannon's changes would cost the state more, far more, because 41 full-time employees would have to be added to the court system. Critics said the real reason for Cannon's bill was to pay back the present court for its decision that blocked last year's political redistricting amendment from the ballot. That amendment was deemed an attempt by the legislature to redistrict to put or keep one political party's candidates in office rather than to encourage fair elections.

Cannon's bill, its critics say, would have permitted the governor to move 3 of the present justices to the new criminal section of the Supreme Court and appoint judges favorable to his ideas to the civil side of the Supreme Court. Fortunately for the state, the Florida Senate just rejected this part of Cannon's bill in favor of putting a modified version before voters in next fall's general election. It is still worrisome, because even the Senate's version of the bill approves a package of changes that will give the legislature immense influence on the court system. For example, it will allow the legislature to repeal rules of court. If that amendment is approved by the voters, it will destroy the constitution's separation of powers that is widely considered to provide checks and balances between the branches of government. Time will tell if the partisan thinking behind this amendment will carry the day or fail.