Panama City Florida Injury Lawyer Blog

Enormous strides have been made in car safety technology over the past few decades. Bodies of vehicles are stronger than ever, air bags are standard, new gas tank designs limit explosions, and numerous other changes have been made in an effort to keep travelers safe. However, our Panama City car accident lawyer knows that in our area--and throughout the country--car accidents remain the leading cause of preventable injury and death.

A large part of the problem lies with the conduct of travelers. The same technology advances that have allowed cars to be safer have also provided a range of distractions for those behind the wheel. Distracted driving has truly become an epidemic in most places, with drivers finding it impossible to avoid talking, texting, and otherwise keeping their mind and eyes on the road. As a result, many accidents occur which would have been prevented had drivers been paying full attention to the task in front of them.

One local group is hoping to raise awareness of the wide range of activities that constitute distracted driving. As reported in the News-Herald, the Gulf Coast Woman's Club recently set up a booth at the Panama City Mall where they shared information about distracted driving. They explained that "any activity that takes attention away from driving [is a distraction], like eating or drinking, smoking, grooming and objects brought into the vehicle such as purses and sunglasses." Our Panama City injury lawyer has been working in this area for years and knows that distraction while behind the wheel have been an issue even before it gained widespread attention in the information age.

To help raise awareness of these issues among local residents, and hopefully save lives, the Women's Group took pledges from area residents, answered questions, and handed out bumper stickers. All told, almost four hundred people pledged to drive distraction free. In addition to the collections at the mall, the group sponsored a design contest among local students. The winning entry included the slogan, "Life's a Gift, Don't Wreck It." It is hoped that the simple message, design, and campaign will help younger drivers think twice whenever they are behind the wheel on the phone. In addition, Panama City Mayor Greg Brudnicki supported the campaign by signing a proclamation to kick off the event. The Mayor also signed a pledge to avoid distracted driving himself.

Explaining how the group decided upon the awareness effort the group's President noted, "Many of us have been rear-ended more than once on Baldwin Road." Of course being rear-ended is one thing, but many community members have faced far worse. If you or a loved one has been hurt in a car accident, it is important to get in touch with a Florida car accident attorney. An experience legal professional will ensure that the situation is properly analyzed to determine if any distractions--or other forms of negligence--may have played a role. Please do not forget that you do not need to be blameless yourself to receive redress for your losses in an accident. In many cases both drivers act inappropriately in one way or another. A legal professional can explain how your negligence may ultimately affect the case.

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Dangers of Driving While Under the Influence in Panama City

Don't Let Your Friends Drive Drunk

(Photo courtesy of timsamoff)

"Infotainment" is a new word coined by car manufacturers. It means the complicated dashboard devices that control music, phone systems, navigation, and, sometimes, Internet searches and social media updates. While they may be a joy to use, they can and often do result in pain inflicted by car crashes. Some of the devices require the use of two hands, resulting in a driver momentarily relinquishing control of the steering wheel, and two or more seconds to operate. Traffic safety studies show that taking the eyes off the road for that long vastly increases accidents. Talking on a phone does the same, because the conversation diverts attention from developing road hazards.

Studies have shown that using cell phones leads to a four times greater risk of crashing. Drivers with a blood alcohol level of .08, the equivalent of DUI in most states, have a similar rate of crashes, so increasing the level of sophistication of dashboard technology in infotainment systems is a serious problem. As manufacturers build more functions into the systems, they become more and more distracting to the point that just changing a radio station is dangerous.

Safety advocates have encouraged federal and state highway safety officials to ban cell phone use, including texting. With infotainment systems taking off in new vehicles, the National Highway Traffic Safety Administration has proposed voluntary guidelines to auto makers to stop equipping new vehicles with systems that can distract attention. NHTSA says it's not interested in eliminating the sale of items like GPS systems, but it does want dashboard systems to be designed safer. Safety critics, such as those at the National Safety Council, want more stringent measures taken like the passage of laws requiring safer design and mandating penalties if the manufacturers refuse. As always, we will see what develops.

Panama City drunk driving accidents happen all too often. Our region is known as a bustling and vibrant community but, sadly, not all residents and visitors act responsibly when celebrating. As a Panama City auto accident law firm, we see the tragic outcomes of drinking and driving, and we applaud law enforcement efforts to crack down on dangerous behavior.

According to a national database, in 2008 there were 58,824 arrests in Florida for drunk driving, an increase of over 3,000 arrests from 2007. The year 2008 also saw 826 fatal accidents in which at least one of the drivers recorded a blood alcohol concentration at or above 0.08%. These accidents resulted in 917 deaths. Approximately 200 additional deaths involved drivers with blood alcohol levels between 0.01% and 0.07%. In 2008, Florida saw 1,041 traffic deaths involving a driver with a blood alcohol concentration about 0.01%, including 875 fatalities where a driver had a blood alcohol concentration at 0.08% or above.

According to WJGH, the state is considering adding to the penalties for individuals convicted of driving under the influence. A DUI-related bill unanimously passed the House Economic Affairs Committee on Wednesday. The measure would require anyone convicted of a DUI to install an ignition interlock device on their vehicle. Currently the device is only required for first-offenders if they are either involved in an alcohol-related accident, convicted of a DUI while a minor is in the vehicle, or whose DUI charge involved a blood alcohol concentration over 0.15%. The current law does mandate the device for all second (or subsequent) offenses. Interlock requirements generally come into play when the offender's license has been restored after a mandatory license suspension, usually at least 180 days. If passed, the new law would require even first-time offenders to install the device for at least three months. The bill will now go to the state's Senate Criminal Justice Committee.

In order to start a car equipped with an interlock device, the driver needs to breathe into a tube. The vehicle will not start if a set, low level of alcohol is detected. In order to prevent another person from starting the car for an impaired driver, the device periodically requires an additional breath sample. If this is not provided, or if the sample exceeds the very minimal pre-programmed blood alcohol level, the device will log the event and may cause the lights to flash or horn to sound until the ignition is shut off. Installing the device can cost between fifty and two hundred dollars and there is a continuing charge of between fifty and one hundred dollars per month for the duration of the interlock order.

Serving as a Panama City car accident lawyers, we see all too many lives impacted by Northern Florida auto accidents. We understand efforts to decrease offenses, including the use of interlock devices to ensure those convicted of a DUI do not even have the opportunity to reoffend. We hope Florida will continue to protect the public by treating drunk driving as a serious and dangerous offense

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(Photo courtesy of woodleywonderworks)

Two very different home fires caught the attention of our Panama City injury lawyer this week. The cases serve as a reminder while that Panama City home fires share the element of tragedy, each one is unique and needs to be carefully investigated to determine fault and, ultimately, liability.

The News Herald offered coverage of one fire in a Lake Town Wharf condominium. The Panama City Beach Police Department is investigating the Sunday night blaze that caused the condo's sprinkler system to activate and caused thousands of dollars in damages. A methamphetamine lab appears to have sparked the fire. Police and fire officials have referred to the lab as a "shake and bake" operation in which the meth maker shakes a small plastic container holding the drug's ingredients. The mixture is highly volatile, flammable, and sometimes spontaneously ignites during the process. It appears that the suspects fled the condo complex when the fire started, leaving complex security to find the flooded unit about an hour after the fire started and the sprinkler system activated.

A second fire, also reported by the News Herald, occurred on Monday February 20 on Hinson Avenue in Panama City Beach. Firefighters from Bay County responded to the late morning fire and were able to extinguish the blaze in fifteen minutes. However, even that short time was enough to claim the life of one family pet and damage thirty percent of the one thousand square foot home. The state fire marshal's office is continuing to investigate but the preliminary reports suggest an overturned lamp sparked the fire in the home's utility room.

As is demonstrated by the two recent incidents, fires can have a myriad of causes. Regardless of cause, they often have substantial and lasting property damage. Problems can result from the fire itself, from smoke damage, or from water or other materials used to tame the flames. In addition to the visible damage, a home may have significant structural, plumbing or electrical damages. It is vital to have an experienced, specialized damage inspector carefully examine the property after a fire of any size.

Determining fault after a fire can be a complex process. Insurance companies may attempt to deny a property damage claim by blaming the fire on the homeowner or on an excluded cause. Insurers may also attempt to undervalue the damage to the home or to other personal property. Retaining all investigative reports and documenting the damage thoroughly, including with photographs, can help secure your claim. In some cases, there may also be other liable parties such as a negligent neighbor, a property owner who failed to maintain safe conditions, or the manufacturer of a defective product.

If you've been injured or suffered damages in a Panama City fire, please contact our Panama City injury law firm. We can help you obtain the damages that the law allows and aid you in moving forward from the tragedy.

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(Photo courtesy of M. Theklan)

Our Panama City injury law firm encourages area residents to exercise particular caution in dealing with both wild animals and pets after the re-issuance of a rabies alert. The danger of rabies adds another layer of concern to animal bites in Bay County.

Just days after a prior warning expired, the Bay County Health Department issued a rabies alert. WJHG reported that the alert was issued after a raccoon tested positive for the virus on February 16. The rabid animal had been killed by a dog near the corner of Sweetwater Branch and Nonawood Roads in the Fountain area. Rabies has been found in two Bay County animals thus far in 2012, including a bobcat in addition to last week's raccoon. Last year, Bay County led the entire state of Florida in rabies cases with ten infected animals including two domestic cats, one bat, and seven raccoons.

Rabies is a serious disease that can be fatal to warm-blooded animals, including humans. It is a virus that impacts the nervous system. Humans who are treated soon after exposure can be treated with a special immunization which can prevent the exposure from turning into an active infection. Initial symptoms develop between two weeks and three months after infection but it can take years for rabies to develop, making quick action after a bite even more crucial. Early symptoms often resemble a more common flu and include fever, fatigue, and headache. As the disease progresses, acute pain and violent movements develop. Untreated rabies often leads to a coma and patients typically die from respiratory failure. A definitive diagnosis of rabies can only be made via autopsy.

Rabies can spread from infected wild animals to domestic pets. Approximately ninety-seven percent of people who contract the rabies virus get it from dog bites. Florida law does require all cats and dogs be vaccinated against rabies by four months of age. Vaccines must be administered by a licensed veterinarian--those purchased and administered directly by an owner do not meet the legal requirement.

The presence of rabies in our area makes it especially crucial to exercise caution when dealing with wild animals and even unknown domestic pets. The danger of rabies, which can spread from one animal to another, adds another layer of concern to dog bites in Panama City and the surrounding regions. If you are bitten by a dog, it is vital that you ask the owner to provide records proving that the animal has been properly vaccinated. As noted above, if caught in a timely fashion it is possible to prevent a bite from becoming infected.

Dog bite victims should also reach out to an experienced Panama City injury lawyer. There is a frequently cited myth that a dog gets "one free bite," but owners in Florida are liable for dog bites even if the dog has no prior history of violence. Seeking legal recourse after a dog bite provides the victim with compensation and also supports a crucial public good by sending a message that owners must control their animals. This message can help prevent future bites and help avoid the transmission of rabies or other health threats to humans.

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We should be able to trust the products we buy. Our Panama City products liability attorney believes that properly filed civil suits play an important role in helping hold companies responsible for their products and their production decisions.

A defective product in Northern Florida caused both personal injury and property damage this week. The Walton Sun reported on a man who was severely burned due to a short in an electric cigarette. Fire department crews were called to a Capri Cove office where the fire occurred and caused about $200 in property damage. The man was reportedly in the process of quitting smoking and was using the electronic device when it malfunctioned. The individual was taken by ambulance to Twin Cities Hospital. At the time of the report, his condition was not known.

Negligently designed or manufactured products are dangerous to the public. The law recognizes the special danger and evidentiary challenges of dangerous product cases and uses a strict liability theory in Florida products liability cases. This means the plaintiff does not have to prove that the manufacturer or seller acted negligently, a standard that would be tough to meet. Instead, a plaintiff only needs to show that: 1) the product involved was not safe; 2) the plaintiff was injured; and 3) the product was the cause of that injury. For example, in the e-cigarette case the man would need to show the cigarette was dangerous and that the cigarette was the cause of his burns. He would not need to show that the company made any specifically negligent decision such as releasing the product despite knowing it might short and cause a fire.

Plaintiffs will still generally present a theory of the case to the court in a Panama City product liability lawsuit. Common theories include:

• Design Defect - In these cases, the product has been manufactured according to plan but that design is inherently faulty and dangerous. For example, an e-cigarette that was a fire hazard because it didn't turn off if the user left it unattended might be considered a case of defective design. In these cases, the plaintiff does need to show that another design was possible but does not need to specifically prove that the maker was negligent in choosing the design they used.

• Manufacturing Defect - In these cases, the design may have been safe but a manufacturing defect meant the product did not meet the manufacturer's own design specifications. The plaintiff does not need to prove the manufacturer was negligent, a requirement that would be difficult to meet. Instead, the plaintiff only needs to show that the product was the result of an error in the manufacturing process and that the defect caused an injury.

• Warning or Instructional Defect: Manufacturers are required to provide warnings about known product dangers. The warning must be clear and placed in a visible location. Failure to provide a warning can be the subject of a product liability lawsuit.

Of course, there are products that are unavoidably dangerous, such as a sharp kitchen knife. The law does understand this and the products are not considered unreasonably dangerous because the danger is inherently necessary for the product to perform as intended. The manufacturer does not usually have to provide warning about these obvious dangers.

If you have been injured by a defective product, please reach out to our Panama City personal injury attorney to discuss your unique case and your legal rights.

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It seems like the sad stories about preventable accidents are being reported all too frequently in recent weeks. For example, our Panama City wrongful death attorney was disheartened to read of The News Herald's report on a tragic traffic death on Monday. The Panama City traffic fatality occurred in the early morning hours on the Hathaway Bridge. Ryan Ramsey was driving westbound on the bridge when his Mitsubishi Edge collided head-on with a GMC van driven eastbound by Margarito Aguirre Curiel. Ramsey, who called Panama City Beach home, died from collision-related injuries. Curiel's injuries were less severe and he was treated and released from the hospital on Monday. The case remains under investigation but the police department has suggested that alcohol may have been involved.

While we cannot comment on fault in this specific tragedy, traffic deaths are all too common and those who lose a relative in a Panama City traffic accident caused by another driver should consider whether a wrongful death lawsuit may be appropriate. A wrongful death suit is a civil claim brought by a personal representative on behalf of survivors and the victim's estate. The survivors are defined by statute to include the victim's spouse, parents and children. Where other blood relatives, such as a sibling, were wholly dependent on the victim for financial support, those relatives can also be included in the wrongful death lawsuit.

No lawsuit can ever bring back a lost loved one, but courts in Florida can award financial compensation to the victim's survivors. A range of damages are available in a Panama City wrongful death lawsuit. The negligent party (or a relevant insurance company) may owe monetary damages covering direct financial losses stemming from the accident such as medical bills and funeral expenses. Where appropriate, the survivors can also recover damages to reflect the loss of the victim's wages and financial contribution to the family. Courts can also award damages to compensate for non-financial losses such as the loss of companionship and guidance as well as for the grief experienced. The exact nature of damages varies by relative and according to the victim's living situation.

While they are one of the most common events giving rise to a wrongful death suit, traffic accidents are just one situation that can lead to a civil suit. Other situations that may give rise to a wrongful death action include medical malpractice, nursing home neglect, exposure to a dangerous substance at home or work, or a criminal incident such as an assault.

Our hearts go out to all of those involved in Panama City's latest traffic-related tragedy. If you have lost a loved one, please reach out to our Panama City accident lawyer to discuss whether a wrongful death action may be appropriate. We are proud to represent surviving victims with care and concern. We also hope survivors will reach out for counseling or other needed support in their time of need.

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Investigators Still Looking For Answers in Florida I-75 Pile Up That Killed Ten

Four-Vehicle Panama City Car Accident Takes Life of Resident

The Walton Sun reported recently on a major drug bust in Panama City. Eleven men were arrested in the federal raid, suspected of involvement in a major multi-state drug distribution ring. The suspects were charged in the U.S. District Court. During the raid, agents seized large amounts of cash, more than a ton of marijuana, and numerous firearms. The men arrested in the Panama City raid are suspected of involvement in a drug operation based in Texas but tied to drug cartels in Mexico. Panama City and Vernon appear have been regular stops in the drug ring's distribution route. The federal authorities used aerial surveillance and GPS tracking to identify the Jeter Lane residence that was the location of the armed raid. If convicted on the drug charges and potential firearms violations, the men face anywhere from a minimum of 10 years in jail to life sentences. The sentences may be enhanced due to prior convictions on the records of several of the charged defendants.

The dangers involved in an illegal operation of this size are numerous. In addition to the violence associated with the drug trade, the presence of illegal substances is a danger to all area residents. While the first thought when one mentions Panama City DUI accidents is alcohol, our Panama City accident victim's law firm knows that drugs and driving are also a dangerous combination. Earlier this week, CNN reported on a British study involving nearly 50,000 participants that found the use of marijuana use nearly doubles the risk of a motor vehicle collision.

Marijuana has different, but equally dangerous, effects on a driver than alcohol. Drinking alcoholic beverages is dangerous because it slows a driver's reaction time. Marijuana is dangerous, in part, because it limits a driver's spatial recognition skills. Unlike with alcohol, the marijuana user often doesn't recognize the impairment. The drug can lead a driver to follow too closely or to weave in and out of lanes due to the impact of depth and location perception. The impact of marijuana can vary from person to person, but it typically takes three to four hours after use for the drug's effects to wear off.

The impact of marijuana on driving is notoriously difficult to study, in part because of the illegal nature of the drug. The British study reported in CNN was based on observational studies rather than controlled research conditions. Roadside marijuana testing is available in the U.S. but is less common that alcohol stops. The fact that marijuana stays in the system for a long period can also make it more difficult to pinpoint time of use. However, despite the difficulty of studying the precise impact of marijuana on driving, it is clear that combining the drug with driving is dangerous to the user and to everyone else on the road.

Raids like the recent one in our region not only take criminals and weapons off the street, but also remove dangerous drugs from circulation. We applaud law enforcement's efforts to keep our region safe and also call for more education on the effects of marijuana on driving ability. Too many people consider pot a harmless substance but drugs and driving is just as volatile a mix as drinking and driving.

If you have been harmed in a motor vehicle accident involving drugs, please contact Panama City car accident lawyer to discuss your legal rights.

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Bicycling is a wonderful alternative to automobiles for commuting and other travel. Opting for two wheels saves money, decreases the environmental impact of the commute, and provides terrific health benefits to the rider. However, our North Florida personal injury law firm knows that riding is not without risk.

As a Panama City bicycle accident attorney and a proud North Florida resident, our lawyer was saddened to read in The Walton Sun that an area cyclist was killed last week. Anthony Edward Cory Hinds, a twenty-one year old Fountain resident, left his job at a Hardee's restaurant on the night of February 1, 2011. Hinds was using a bicycle to commute north on U.S. 231 in the Youngstown area. He was riding in an outside highway lane, just south of Preacher Johns Road, when he was hit by a car. The automobile, a Chevy Cavalier, was driven by Thomas Allen Samuels. The impact from this collision launched Hinds into the middle of the road where two more cars, a Toyota Tercel driven by eighteen year old Amber Mae Gee and a Dodge Dorango helmed by thirty-nine year old Mayibuye Umojaha Aquil, hit the rider. Emergency personnel pronounced Hinds dead at the scene of the accident. Criminal charges had not been filed at the time of the Sun's report but the Florida Highway Patrol was still investigating the incident.

Both cyclists and drivers bear responsibility for ensuring that the roadways are safe for all travelers. In general, Florida cyclists are required to obey the same rules of the road that apply to cars. Bicycles should be ridden in dedicated lanes where available and to the right-most portion of the roadway if no bike lane is available and the cycle is moving slower than surrounding vehicle traffic. Proper lighting (including a white headlamp, read rear-lamp, and reflectors) is required by Florida law for bikes ridden between sunset and sunrise. Although the law only mandates helmets for cyclists under age sixteen, all riders should consider a helmet to be a mandatory part of their riding gear.

Auto drivers are also required to be alert and to share the road with both other motorized vehicles and bicycles. Drivers should take particular care when passing bicycles. The Florida Bicycle Association makes a special note that drivers should avoid passing a rider and then making an immediate turn in front of the rider's path, noting bikes are often moving faster than drivers realize and that turning in front of a rider can lead to a collision. The Association also reminds drivers that they are required to have at least three feet in clearance when passing a bicycle and that passing closer to a rider's side is a dangerous proposition.

If you have suffered an injury in a Panama City bicycle accident, please call our firm to discuss your legal rights. Our team is available 24/7 to schedule a free consultation with our experienced Panama City injury lawyer. Seeking compensation for your own injuries not only helps you move forward from a crash, but also helps keep the road safe for fellow cyclists by reminding drivers of the importance of sharing the road with all travelers.

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As I said last week, people are motivated to take vitamins and minerals in the form of nutritional supplements by promises from the retailers of health and longevity. We spend billions on these products, but they are largely unregulated by the FDA. In one case, I represented more than half the people in the country who had taken a nutritional supplement that had a flawed formulation. One ingredient, necessary in minute quantities to sustain life, was added to the supplement in terribly toxic proportions. It killed several people and maimed hundreds more.

Little did I know that several days ago, the U.S. Army would announce it had pulled some nutritional or dietary supplements from stores on its military bases in the U.S. as it investigates whether they played a role in the deaths of two soldiers. Both soldiers died after having heart attacks during fitness exercises.

The supplements have names like Jack3d and Oxyelite Pro. They contain dimethylamylamine (DMAA). It is bought, because it is advertised to increase energy, metabolism, and concentration. More for your purposes, products that include DMAA are sold here, there, and everywhere in nutritional stores, pharmacies, and online. The company that sells Jack3d, which is pronounced "jacked," and OxyElite Pro say there is no medical evidence to support a claim that the products aren't safe. But you may remember that last week I suggested a different standard should be applied. It is that the company marketing a chemical supplement, which is what these things are, should bear the burden of demonstrating that they are safe before they are marketed.

According to the Army, DMAA may be implicated in other reports of liver and kidney failure, seizures, and loss of consciousness. Like I said last week, if you want vitamins and minerals and want to keep the doctor and the lawyer away, eat an apple a day.

The News Herald reported this week on the on-going civil dispute following a local trolley accident. It was December 2010 when a Bay Town Trolley slammed into a law office located at 11th Street and McKenzie Avenue. The driver, Jennifer Cantu, who no longer works with the trolley service, paid a fine the following month was cited for careless driving. Judge Michael Overstreet recently ordered release of onboard video footage from the incident in the ongoing civil dispute. In the footage, Cantu is seen falling from her seat just before impact. No other passengers were onboard at the time. Although no injuries occurred, a civil lawsuit is pending between the business owner and the trolley company. The trolley case is pending in civil court but is currently scheduled for mediation.

Our Panama City accident attorney appreciates that community members may not be familiar with mediation. Most residents understand what it means to file a lawsuit that ends in settlement or goes to trial. However, fewer realize that at times there are different ways by which disputes can be adjudicated, often before resorting to a regular lawsuit.

Mediation is just one alternative to trial. Alternative dispute resolution ("ADR") can be elective, contractual or court-mandated. In some cases, it can be a cost-saving option for all parties involved with particular savings in the discovery arena. Forms of ADR include:

• Negotiation - Most civil claims do settle, often through negotiation. An experienced attorney can be your advocate in negotiation efforts and having legal representation can substantially raise settlement values. Negotiation can be accomplished through both written and oral discussions. While your lawyer can help you decide what values are fair, accepting a negotiated settlement is always the client's decision.

• Mediation - When independent negotiation fails, mediation can be a great alternative. In mediation, a skilled neutral party will attempt to help those involved reach a mutual agreement. The mediator is not empowered to make a decision but instead helps the parties come to an agreement. Mediation can be especially helpful in cases where the parties have an on-going relationship, such as a business case involving a landlord and commercial tenant.

• Arbitration - Arbitration involves a hearing, much like a trial, in which a neutral arbitrator or panel hears the dispute and hands down a decision. Some arbitration is binding, like a trial, while other arbitrations are non-binding in which case the result is more akin to a recommendation. The rules of arbitration can vary greatly from a more informal setting to a hearing much more similar to a trial. In some cases, an existing contract or lease can require that disputes be handled in arbitration rather than a courtroom.

ADR can be a great alternative to the complex and lengthy courtroom process. Our Panama City civil lawyer is experienced in all forms of dispute resolution. ADR can apply in personal injury matters, premises liability claims, and other civil disputes. When you schedule your free consultation with our Panama City attorney, we will discuss whether ADR is appropriate for your case.

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As a North Florida personal injury law firm, we remain attuned to all happenings in Panama City and the surrounding areas that may affect the lives of local residents. The principles of negligence law have implications in all sorts of situations, even in areas that community members might not expect.

For example, the News Herald recently reported that the plans for the extension of Harrison Avenue are taking shape and moving closer to reality. The plan includes dedicated green space for use by pedestrians and cyclists and structures that could house both commercial entities and host a range of community events. Mayor Greg Brudnicki has expressed further interest in relocating City Hall and using the space for a major attraction such as an aquarium. He is taking an active role in the planning process, critiquing recent proposals, and asking that the planners work to provide a space that residents will want to visit regularly. Overall, the commissioners were pleased with plans for a civic park, a T-dock giving boaters easy access to slips, and a waterfront park behind the current City Hall. Commissioner Billy Rader praised the design sketches but noted that it is important to provide an integration of family activities, shopping, and nightlife to set the new marina apart from existing areas.

We applaud the efforts to bring new and increased vitality to the Panama City area. We also hope that safety will be a key concern as development continues. The projected area would allow for a wide mix of users including pedestrians, cyclists, boaters, and motorists. This mix can provide a vibrant setting but can be dangerous if not properly developed with safety in mind. The use of bike lanes and dedicated pedestrian-only areas can be essential to a shared safe space, especially where young people may be frequent guests. Where cars are permitted, appropriate speed limits and marked pedestrian crossings can help auto and foot traffic exist side-by-side. Individual responsibility is especially key where nightlife may involve alcoholic beverages. Targeted law enforcement to prevent driving (and boating) under the influence is particularly important where families and pedestrians may congregate.

As a Panama City injury victim's law firm, we believe in fighting for the rights of injured residents, including those caught in auto and pedestrian accidents. While victims of these incidents should always pursue legal recourse, at the end of the day prevention should come first. The cliché is true and, as Ben Franklin once wrote, "an ounce of prevention is worth a pound of cure." Therefore, we call upon the planners involved in the marina project to make safety a top priority in the design and execution of the new spaces.

City planning can help prevent accidents. If, however, you become the victim of a Panama City auto accident or are otherwise injured due to someone else's negligence, please reach out to us. Our team is available twenty-four hours a day, seven days a week, to take your call and to schedule a fee consultation with out skilled injury lawyer to discuss your legal rights.

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No Engineering, No Testing, Yet They Are On Our Roads

Local community members are asking many questions about the safety of our area roadways following a series of Florida car accidents last Sunday on Interstate 75 that took the lives of at least ten Floridians. Those driving in the area probably noticed that heavy smoke and fog blanketed large stretches of the highway, making visibility for drivers close to impossible. The fog was caused by a fire that had started in the Paynes Prairie area south of Gainesville. According to a report in the USA Today, it wasn't long before the weather led to a three-vehicle accident. One motorist was severely injured in that collision and a stretch of the highway was temporarily closed.

Shortly after the road re-opened following that initial crash, an incredible eighteen vehicles were caught in a chain-reaction collision instigated by the poor visibility. More than a dozen cars and at least six tractor-trailers were involved. When all was said and done, at least ten travelers were killed and many others were injured--some severely. Our Florida auto accident lawyer has worked on these motor vehicle cases for years and understand that this tragedy is one of the worst pile-ups in decades.

The Panama City car accident attorney at our firm knows that in the aftermath of these accidents the legal issues related to the event are far from the minds of the victims. Medical recovery and dealing with the grieving process are of paramount concern. However, there will eventually come a time for very serious questions to be asked about what caused this accident, how it could have been prevented, and what steps need to be taken to avoid a repeat occurrence. When it comes to potential legal liability there are two big issues to sort through:

1) What individual acts of negligence led to the pile-up? Subsequent legal actions filed on behalf of victims would try to parse out the series of events that actually caused the chain-reaction to occur. For one thing, the source of the fire must be determined, as the fire is likely one of the main causes spurring the accident. The overall analysis will rely heavily on the results of investigations into the collision by law enforcement officials. Similar legal principles will apply whether the suits are filed by injured victims or whether they are Florida wrongful death lawsuits filed by family members of those killed in the tragedy.

2) Do public bodies which allowed driving in the dangerous stretch of road in the middle of such challenging weather conditions bear some responsibility? Interstate 75 has had its share of road tragedies in the past, and one local paper has referred to the stretch of highway between Ocala and Gainesville as a "Bermuda Triangle." Should public officials have better warned drivers of the danger of the area? Officials had the power to close the highway, particularly because there had already been a serious three-car accident before the larger eighteen-vehicle collision. Officials may have been able to do more to prevent the pile-up. Over the years many have actually called for a truck bypass to be built in the area to avoid tragedies just like this one.

Whatever the case, there is undoubtedly much more to this Florida road tragedy. Everything must be done to ensure the victims (and their families) are provided as much support as possible. Other motorists should also take note and use the incident as another reminder of the risks that exist whenever one travels and the need to take every possible precaution to remain safe on the road.

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Four-Vehicle Panama City Car Accident Takes Life of Resident

Don't Let Your Friends Drive Drunk

Panama City nursing home abuse and neglect remains a mostly hidden problem in our area. While most caregivers at these facilities work hard to provide the best services possible to those who depend on them, there are always some who feel comfortable cutting corners, providing substandard supervision, and creating a culture where mistreatment permeates. The problem is compounded by the fact that many of the largest nursing home chains prioritize maximization of their own profits over ensuring that every resident in their facility receives the best care possible. For example, the profit-motive often leads to staffing shortages. The shortages in turn mean that there are often not enough caregivers to go around. Nursing home neglect often results.

Elder abuse is not confined to the nursing home, however. It exits everywhere--at the senior's own home, elder living communities, nursing homes, and everywhere in between. Study after study continues to pour out revealing that this abuse is reaching epidemic proportions.

At times the abuse is perpetrated intentionally by those with dubious motives. This is the case when a caregiver takes out their own frustration by physically striking a senior or when the caregiver steals money from the unsuspecting elder. At other times the mistreatment is not intentional but caused by passive neglect. For example, leaving a senior alone in the restroom for too long without help or failing to double-check the correct medication dose are forms of neglect that can lead to substantial harm. While the motives of the caregiver in those cases are not inherently suspect, the harm to the senior is often the same as if the mistreatment was intentional. That is why it remains important for senior care advocates to guard against both intentional abuse and passive neglect.

Caregiver burnout is often cited as one of the main causes of neglect. As in all contexts, when one is overworked, the chance of shortcuts and costly mistakes rise. One local organization, Hopewell Care, recognizes the role the burnout plays in improper senior caregiving. That is why the group announced this week that they were rolling out a wider variety of services in Panama City to those caregivers who are caring for elder friends and family members. The group noted that many caregivers seem to hit a wall after the holidays, with the risk of burnout at a peak. It is easy to get overwhelmed while helping vulnerable seniors who are often facing a range of problems including dementia, Alzheimer's, Parkinson's disease, and other ailments. Interested caregivers can visit the group's elder caregiving website to learn more about finding a certified at-home aide or to download guides like "Care Giving 101," "Parkinson's Disease Gait Training," and similar resources.

Our Panama City elder abuse attorney appreciates the challenges faced by seniors and their families as they search for quality affordable long-term care. For many, the right choice is utilizing at-home services like those provided by Hopewell. Alternatively, those in need of around-the-clock help are likely to need assistance in skilled long-term care facilities. No matter what the situation, however, the law demands that the level of care the senior receives be up to a reasonable standard. Any time that a senior's health deteriorates suspiciously or an accident like a fall occurs, it is important to contact legal professionals experienced in these matters to learn how the law applies in your situation.

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The quest for good health and longevity motivate people to take vitamin and mineral supplements. Every year over 100 million Americans, spending over $28 billion on them, consume minerals, vitamins, herbal ingredients and other naturally occurring products in the form of nutritional supplements. They assume they are safe and effective. Assumptions aren't always correct.

I am just finishing cases for scores of people who took a complex nutritional supplement. It had been marketed by a small mom-and-pop operator in another state but had been put together incorrectly by two supplement mixing companies. A calculation to determine the amount of one of the ingredients had been incorrectly done. The error in compounding was then concealed by one of the companies after the batch analysis revealed the mistake. A second analysis was done, and it showed the same result. It was concealed, too. After the product was shipped and consumed by people in the U.S., it's toxic misformulation made them sick. Some died. Others had serious problems including temporary kidney and liver failure.

No federal or state agency was responsible for regulating the product. Even worse, by law, nutritional supplements that contain established ingredients, meaning ingredients that were sold in the U.S. before 1994, can be marketed by companies or individuals without any proof of safety or effectiveness. That year, a federal law allowing this absurd and dangerous result was enacted. Although the law does say that the FDA must be given proof of safety and efficacy if new ingredients are used, that aspect of the law hasn't been enforced. As a result, the number of dietary supplements on the market has jumped from about 4,000 to more than 55,000. The magnitude of the danger presented by these products is enormous. Safety and efficacy data has been submitted to the FDA for only about 175 of the latest 51,000 supplement products. From this alone, it is clear that your safety is in jeopardy when you assume that the product you buy in the shiny bottle with the pretty label is safe. If you want safe vitamins and minerals, eat an apple. An apple a day will keep the doctor and the lawyer away.

Panama City car accidents strike with shocking frequency. While these incidents are referred to as "accidents," in almost all cases they are not truly accidental--they could have been prevented had drivers acted reasonably while behind the wheel. Fortunately, the law provides an avenue for recourse for all those hurt by the misconduct of others on the road. Many local families receive the resources they need to fully recover following an accident by visiting with a Panama City car accident lawyer and getting legal help.

Day in and day out local residents are hurt in roadway mishaps, often through no fault of their own. For example, last week the Walton Sun discussed a tragic four-vehicle crash at the intersection of U.S. 98 and Moates Avenue. According to the report, for reasons yet to be ascertained, a vehicle stopped in a lane for no apparent reason. Those involved speculate that the car was making a right hand turn but was not in the turning lane. The car traveling behind the stopped vehicle rear-ended it. This lead to a chain-reaction crash with four vehicles ultimately involved.

As often happens in these situations, the damage was severe. One of the vehicles was overturned and the other three were severely damaged. Sadly, the personal consequences were even worse. There were two passengers in the car immediately behind the stopped vehicle. One of those passengers, Michelle Milton, was rushed to the hospital in critical condition. Unfortunately the wounds were too severe, and she died later that day. Two other passengers were treated at the same hospital and another was treated at the scene and released.

The attorney at our Panama City injury law firm believes that these tragedies occur far more frequently than they should. They also present a range of unique legal issues. For example, if a lawsuit results from this accident, the liability will likely hinge on what the investigation into the situation specifically finds out about the accident. As with all civil car accident cases where potential negligence is involved, what matters is the conduct of each driver before the accident.

When another driver's unreasonableness causes an accident then legal liability should attach. In this case, for example, the driver who was improperly stopped in the middle of the road likely acted negligently which contributed to the accident. Other potential factors include the speed of the other cars, whether drivers were distracted, and similar issues. Of course, in many cases, particularly those where multiple vehicles are involved, there is the chance that different drivers could share in the responsibility. In this case the first vehicle might have been inappropriately stopped in the wrong lane while, at the same time, the driver behind the stopped car might have been traveling a bit too close or going too fast.

It is important for all those in this situation to realize that even if they were not driving perfectly, that does not mean that they cannot recover. Florida is known as a "pure" comparative fault state. That means that in these situations each negligent party will be assigned a percentage of fault. Any damage award is then reduced by the percentage of the plaintiff's fault. Our Panama City car accident attorney understands that many local car accidents victims remain unsure of their rights and confused about whether or not to seek out legal help. But at the end of the day there is nothing to lose from talking with one who has been working with these issues for decades. We urge all residents in these situations to take the time to get professional assistance in the aftermath of an accident.

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