Panama City Florida Injury Lawyer Blog

It seems like rarely a week goes by when we don't read about a car accident leaving a Florida Panhandle resident or visitor facing serious injuries. As a Panama City injury lawyer, Attorney Wes Pittman understands that the accident is only the first day of a long journey, one often marked by hospital stays, physical therapy, and marked changes to the victim's daily life.

Marianna Car Accident Case Leaves Man Seriously Injured
Frank Golden, a Marianna resident, is beginning his journey of recovery following a two car accident on Friday. As reported in the News Herald, seventy year old Joyce Madarby was driving southbound on Old U.S. Road when she approached U.S. 90. As she attempted to cross the intersection, she collided with a vehicle driven by fifty year old Golden. The accident left Golden with significant injuries and emergency responders transported him to Jackson Hospital in serious condition. Mabardy, also of Marianna, incurred minor injuries. Police charged Mabardy with violating the right of way. They also report that both drivers had their seatbelt fastened at the time of the crash.

Damages in Florida Personal Injury Cases
No legal claim can ever turn back the hands of time. No one who has ever suffered a serious injury in a car accident says it was "worth" it for the money. However, a civil personal injury claim can provide a victim with compensation that is vital in the days, weeks, and years following a serious accident.
Florida law provides three primary types of damages in a personal injury lawsuit. In brief, these are:

• Economic Damages - These are, essentially, "pocketbook" damages. They are the direct economic costs of the accident including medical bills, lost wages (including the value of household work), and other care and services needed due to the injuries. In the case of long-term injuries, economic damages can include an estimate of future costs.


• Non-Economic Damages - This is the law's attempt to quantify the non-financial impact of the events. Damages for pain and suffering fall into this category.


• Punitive Damages - These damages are designed to punish a wrongdoer rather than compensate the victim. Generally, these are only awarded in extreme cases involving intentional wrongdoing or very severe, gross negligence

While the majority of damages are awarded to the victim, Florida law sometimes allows others who are impacted by the injury to recover damages. This might include compensating a spouse who misses work to care for the injured victim. In very severe cases or in suits involving wrongful death, a family member may also be awarded non-economic damages

Hiring an experienced law firm is essential to recovering the monetary damages provided by Florida law and necessary for covering the costs associated with a serious injury. In many cases, a personal injury claim can be resolved by a settlement. However, a good lawyer is always prepared to go to court if necessary. Victims should know that engaging a lawyer can help them obtain substantially more damages than might be offered to an unrepresented individual, even when cases do settle.

Attorney Pittman is an experienced Panama City personal injury lawyer. Along with his team, he is committed to helping victims of car accidents and other serious injury-causing events in Northwest Florida. Please call to schedule a free consultation.

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Florida Law and Real Life Cases: Comparative Negligence in Pedestrian Crashes and Other Injury-Causing Accidents

Panama City Injury Lawyer on Rollover Accidents in the Wake of Parker Tragedy

(Photo by Kel Patolog)

With more than thirty years' experience as a Panama City injury lawyer, Attorney Wes Pittman knows that dangerous road conditions play a significant role in many car accidents. In some cases, road design or maintenance is a secondary cause that contributes to an accident primarily caused by a negligent or impaired driver. In other cases, the physical condition of the roadway is the primary factor leading to a single or multi-vehicle accident. We represent people injured in crashes due to hazardous road conditions and help them recover needed compensation.

Springfield Police Eye Dangerous Road Design as a Likely Cause of Truck Accident
WMBB reported this week on a single-vehicle accident that closed a local highway for two hours. On Tuesday morning, the tire of a cement truck blew as the vehicle turned from Highway 22 onto Business 98. The blown tire caused the fully loaded truck to tip on its side. It took three tow trucks to bring the cement truck upright and officials rerouted traffic for more than two hours while crews worked to clean up the roadway. The truck driver, an unnamed Blountstown resident, suffered from minor shoulder injuries.

According to Springfield Police Chief Phillip Thorne, the condition of the road played a major role in causing the accident. Thorne noted that there is a distinct grade at the location and remarked that it is surprising there haven't been more serious accidents stemming from the road conditions. He said it will be listed as a contributing factor in the formal accident report.

The Danger of Dangerous Roads
In May 2009, an investigation titled "On a Crash Course: The Dangers and Health Costs of Deficient Roadways" explored the role that the physical condition of roads plays in causing motor vehicle accidents. The study concluded that road conditions played a contributing role in more than half (52.7%) of the 42,000 motor vehicle crash fatalities that occur each year in the United States. Additionally, road conditions played a part in 38% of non-fatal injuries stemming from vehicle collisions. As these numbers suggest, road conditions play a major role in injury severity. In fact, the study concluded that road conditions are the number one most lethal contributing factor, influencing the chance of death more than speeding, drinking alcohol, or failing to use a seatbelt. According to the study, accidents involving road condition as a contributing factor cost more than $217 billion, a figure that is more than three and a half times greater that the annual investment in roadway capital improvements ($59 billion per the Federal Highway Administration).

A wide range of issues can render a roadway unsafe. Structural issues, unsafe roadway design, aging structures, and inadequate or inaccurate signage can all cause or contribute to vehicle accidents. Temporary issues from construction including debris and poorly marked routing are also dangerous and can even be deadly. These defects can lead to both single car and multi-vehicle accidents. Dangerous road conditions can also be a factor in pedestrian accidents. Defective designs can prove especially hazardous in inclement weather.

Our Commitment to Victims of Panama City Car Accidents
As your Panama City dangerous roads law firm, we are prepared to help those who are injured or lose a loved one due to unsafe conditions in the Panhandle region. In some cases, a claim against a city or other municipality may be appropriate. Attorney Pittman understands the complex procedural requirements applicable to such claims. Our legal team also partners with experts in accident reconstruction and engineering to prove that road conditions caused the crash. Call to arrange a free consultation to discuss your unique injuries and how we can work together to get you the compensation you deserve.

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The Panama City Beach Community Redevelopment Agency Focuses on Transportation Matters

Panama City Injury Lawyer on Rollover Accidents in the Wake of Parker Tragedy

One of the most complex issues we deal with as a Panama City car accident injury law firm is the concept of legal fault. We can all imagine relatively clear-cut cases, like a mother and child crossing in accordance with a "Walk" sign who are hit by a drunk driver running the red light at top speed. However, fault is often much more complex in real life than in the cut and dry. As a result, legal liability is similarly complex. Theories such as comparative negligence influence all forms of personal injury law, including pedestrian accidents and multi-car collisions.

A Tragic Panama City Pedestrian Death
On Friday night, a pedestrian died in an accident at the 500 block of West 15th Street in Panama City. As reported by The News Herald, fifty-two year old Gregory G. Wolfgram attempted to cross 15th Street shortly after 5 P.M. on Friday December 7. Wolfgram was killed in a collision with a vehicle driven by seventy-six year old Thomas F. Skipper. Police believe that the vehicle had the right of way at the time of the accident and they do not expect to file charges against Skipper. No one else was injured in the collision.

General Duties of Pedestrians Under Florida Law
Both drivers and pedestrians have duties under Florida law. The law sets forth a number of specific situations in which a pedestrian has the right of way and imposes a general duty on drivers to "exercise due care to avoid colliding with any pedestrian" (see Florida Statutes Section 316.130(15)). The same section imposes duties on pedestrians, including prohibiting pedestrians from crossing outside of an intersection or marked crosswalk (commonly termed "jaywalking," although not using the term).

Imperfect Victims: Understanding Florida's Pure Comparative Fault Rule
Often pedestrian accidents involve some degree of negligence and/or fault on both the driver's and pedestrian's behalf. A similar reality applies to most personal injury cases, with both sides sharing at least a portion of the fault. At one point in time, this truth would often bar accident victims from bringing suit in Florida's civil court system. Under a contributory negligence system, the law barred recovery in any case where the victim shared any portion of the fault for the accident. For example, if a pedestrian failed to look both ways before being hit by a drunk driver, the law would not allow the pedestrian to recover damages from the driver.

In 1973, Florida changed this stance and adopted a comparative negligence rule. Under this system, the law allows a victim to recover even where the victim shared in the fault. In practice, this generally means that the court will determine the monetary amount of damages commensurate with the plaintiff's injury and then reduce this amount to take account for the victim's own fault. For example, if the court finds the victim's injuries merit a $100,000 award but also finds the victim 20% responsible, it would require the defendant pay the victim $80,000 in damages. Florida uses a "pure comparative fault" system which means a plaintiff can recover even if the court finds the plaintiff was mostly at fault (i.e. had more than half the responsibility, even if the plaintiff holds 99% of the fault). This is different from some states that use a "modified comparative fault" rule barring recovery if the victim was more than 50% responsible.

We cannot comment on the legal fault involved in Friday's tragic accident. However, it is important that people know they can recover damages even if their own actions were far from perfect. If you have a serious injury due to an accident in the Panhandle region, you should contact an experienced Panama City accident law firm. Do not let an insurance company or the legal representative of another party convince you that you do not have a case simply because you shared in a portion of the fault. This is simply not the law in Florida and you should not accept a lowball settlement based on such inaccuracies.

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Speeding: All Too Common, All Too Dangerous

Pedestrians, Safety & The Law

(Photo by Robert Linder)

With the holidays and the impending arrival of the next year, December should be a time of joy, celebration, and hope for things to come. However, as Panama City victim's lawyer Wes Pittman knows, it is also a peak season for financial fraud. Increasingly, these criminals are targeting our nation's seniors and financial fraud against the elderly is a growing problem. We want to help the victims, but we also want to prevent the fraud upfront. One key component of prevention is comprehension; research that helps us understand why seniors fall prey to these charlatans can also help us to prevent future fraud.

Study Finds Aging Brains Less Able to Detect Facial Signs of Untrustworthiness

Perpetrators of fraud aren't known for their work ethic; they tend to seek out the most vulnerable targets. A new study gives insight into one factor that can make seniors particularly likely to fall victim to financial fraud. U.S. News & World Reports recently covered a study from the University of California, Los Angeles that found older people are less able to identify untrustworthy faces. Researchers determined that older people have less activity in the anterior insula, a region of the brain tied to disgust that also helps people identify untrustworthy faces. According to Professor Shelley Taylor, a psychology researcher involved in the study, this shift leads to a reduced warning signal and a brain that is less able to send a "Be Wary" message like it may have in a person's younger years.

The research study involved 119 older participants (aged 55 to 84 years, average age of 68) and twenty-four younger participants (averaging 23 years of age). Although both groups responded similarly to trustworthy and neutral faces, the older individuals were more likely to view untrustworthy faces as approachable and trustworthy. In a second study, the researchers used brain scans to examine the response of an older group (aged 55-80 years, average age 66) and younger group (average age of 33) to facial photographs. The younger brains showed an active anterior insula region when viewing and rating faces, with increased activity in response to untrustworthy faces. However, the older people showed little activity in the anterior insula region during the same task. The results of the study appeared in the journal Proceedings of the National Academy of Sciences on December 3.

What makes a face untrustworthy? According to Professor Taylor, key signs of untrustworthiness are an insincere smile and eye contact that doesn't match that exhibited by honest individuals. In sum, the study found that brains respond differently to such signs with age. Younger adults have a strong reaction to these faces that allows them to evaluate trustworthiness more accurately than older adults whose brain response is more muted.

Financial Fraud Targeting The Elderly: A Rising Threat

In addition to reporting the results of the University of California study, U.S. News also discussed the general threat of financial fraud targeting older Americans. The report noted that older people are often targeted in their 70s, a time when they must take required 401K annual distributions. One estimate suggested people over 60 lost over $2.9 billion due to financial exploitation in 2010, an increase of 12% over 2008. Crimes targeting senior ranged from home-repair schemes to complex financial scams. Notably, older people appear to be particularly susceptible to crimes involving interpersonal solicitation, a statistic that may be partially explained by the recently released brain studies. This research may help communities and interest groups tailor outreach efforts aimed at helping older people avoid falling prey to financial fraud.

If you or a loved one has been the victim of a financial scam targeting the elderly in the Florida Panhandle region, we can help. Our team represents victims of all forms of Panama City elder abuse, including physical abuse, neglect, and financial exploitation. As an experienced Panama City elder law attorney, Wes Pittman is dedicated to helping victims recover financial compensation in civil court. Please call to arrange a free consultation.

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Preventing Elder Abuse in Our North Florida Communities

What To Expect From The New Consumer Financial Protection Bureau

(Photo by Craig Toron)

These days most people are aware of certain safety threats on the road, such as drunk driving, distracted driving, and even drowsy driving. Fewer people consider what may be a more fundamental concept - the importance of driver health. As your Panama City personal injury law firm, we understand that long-term or even short-lived illnesses can render someone unsafe behind the wheel.

Investigators Suspect Health Condition Led to Fatal Springfield Crash
WJGH reported this week on an accident that may have stemmed from a driver's medical condition. Shortly before 3 P.M. on Wednesday, a driver in a red truck was travelling south on Transmitter Road near the intersection with East 15th Street. Witnesses report the truck passed through the intersection and proceeded to jump the median. The truck then crashed through a fence marking the Kensinger Mobile Homes lot before slamming into the side of a mobile home. The unidentified driver died at the crash scene. No one else was injured. Investigators suggested that the driver may have suffered from a medical condition that led to the accident.

Medical Conditions & Driver Safety
A range of medical conditions can impact the ability of an individual to safely operate a motor vehicle. NIHSeniorHealth, a resource developed by the National Library of Medicine and National Institute on Aging, provides a useful web page dedicated to the importance of driver health. Importantly, the group notes that health issues can be associated with aging, but it is ultimately health more than numeric age that impacts safe driving. General health issues that can cause driver impairment include problems with vision and/or hearing, reduced reaction time, limited attention span, problems with coordination, and issues affecting strength or flexibility.

The NIH portal also notes a number of specific health conditions that can impair driving ability. These include (but are not limited to):

• Macular Degeneration - This is just one example of a vision-impairing health condition. Specifically, macular degeneration distorts central vision and decreases visual sharpness making it harder to see signs or even pedestrians and other vehicles.


• Diabetes - A growing number of Americans suffer from this condition that can cause blood sugar levels to become too high or too low. Uncontrolled diabetes can render a driver tired, dizzy, or confused and can even lead to a seizure of loss of consciousness.


• Arthritis - Although it isn't always recognized as a driving threat, the swelling and stiffness of joints associated with arthritis can make it hard to grasp or turn the wheel, operate the pedals, and fasten a safety belt.


• Parkinson's Disease - This condition can cause limbs to shake and also affect balance and movement. Patients may be unable to respond quickly to changing conditions and have difficulty turning the wheel or pressing on the brake.


• Stroke - A concern that often increases with age, a stroke can impair both mental and physical functioning. A stroke victim may be unable to think clearly and can suffer weakness or paralysis impacting one entire side of the individual's body.


• Alzheimer's/Dementia - Mental impairments can render a driver confused, making it hard to drive safely or leading to the driver becoming lost or disoriented.

Of course, there are many other health issues that can impact driving ability. Even something as basic as a cold or stomach flu can make it hard for a driver to focus on safety. While health and age are often interrelated, illness can impair drivers of any age. Additionally, many medications can also affect driving ability by leaving a driver sleepy, dizzy, or otherwise compromised.

If you have been injured in an accident caused by another driver's health-related impairment, please call our Panama City accident attorney. Although health conditions can evoke sympathy, it is still your right to recover money damages when you are hurt or lose a loved one in an accident stemming from another driver's actions. You need the money and have a right to compensation, Attorney Pittman can make sure you recover the damages available under Florida law.

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Driver Health is Key to Safety

News Report Raises Concerns About the Safety of Older Drivers

(Photo by Alex E. Proimos)

Cookies at Christmas bring memories of my parents leaving cookies and milk for Santa on Christmas Eve. Of course, my dad ate the cookies after I was asleep. He may have chuckled, "Ho, ho, ho" as he climbed into bed.

Today, there are cookies of a different sort in the Internet world. They are bits of code that web sites leave on our computers so that what we browse and buy can be tracked. Data aggregator companies sort the data, and their software helps them to sort consumers into some thirty thousand market buying segments. For example, I might be listed as a moderate spender, over 50, and interested in travel, flying, photography, and fly fishing. Retailers then bid for the right to target me with merchandise in these categories when I click on, say, a travel site for fly fishing in West Virginia. The retailer might pay one or two cents for the right to have me bombarded within seconds with ads that are supposed to pique my interest. Such ads can be annoying, but worse can happen. Knowing my interests, the collection of information about me allows retailers to send ads to me for merchandise or travel that have been increased in price. They know I might bite because of my interest in the subject.

In essence, there is a hidden auction system going on, and we can't control it. We become anonymous digital profiles on the internet. Unfortunately, companies through their computers can now link our anonymous profiles with our real identities. This is computer stalking by corporations bent on selling us something. We can stop this in two ways. Only about 15% of Americans know it, but you can disable computer cookies that track your data. The other way is to write the Federal Trade Commission to issue rules to support the Obama administration's call for the advertising industry to develop a Do Not Track privacy system to let us opt out of internet tracking much like the Do Not Call registry for telephones.

Our Panama City injury law firm team was saddened to hear about the tragic end to a flight that took off from Destin on Monday morning. The incident serves as a reminder of the fact that, while flying is often among the safest modes of transport, airplane crashes remain a very real danger.

Plane Originating in Destin Crashes, Killing Four
As reported in The News Herald, the small plane took off from Destin carrying two Indiana couples home following a weekend visit to our region. Don Horan, 46, piloted the single-engine Piper airplane carrying his wife, Barbara, and friends Stephen and Denise Butz back to Greensburg. The accident claimed the lives of all four passengers. Six others who took part in the trip travelled home separately, arriving safely at a larger airport in Columbus. The Butzes and the Horan's leave behind a total of six children.

Records indicate that conditions were foggy and misty at the time of the crash, which occurred a mere mile from the Greensburg Municipal Airport. A local news outlet reported that Horan was an instrument-rated pilot, which means he was licensed to fly in poor weather conditions. Runway lights at the Greensburg airport are pilot-controlled and radio-activated, but they were not on at the time of the crash. Officials from the Federal Aviation Administration ("FAA") report that the plane had been cleared to approach the airport but it never arrived for landing. The FAA had been tracking the plane but lost contact with the aircraft about two miles from the airport.

It appears that the plane crashed into a field and tumbled down a steep hill before coming to rest in a wooded area. A witness called the sheriff's department at 6:19 P.M. reporting a suspected plane crash. Weather made the search for the wreckage difficult and the crash site was not found for approximately four hours. Investigators from the National Transportation Safety Board arrived on site Monday.

Partnering With Experts to Protect Crash Victims

Plane crashes can stem from a range of causes. Investigators and injury attorneys need to fully examine these potential causes in order to reach conclusions and represent their clients. Small plane crashes may be complicated by the fact that records may not be kept with the same level of attentiveness as is required for larger commercial carriers. However, small planes may be impacted by a higher number of take-offs and landings due to the shorter distances travelled in a typical flight. Factors that may contribute to any crash include structural/design defect, maintenance failures, air traffic safety controller actions, and pilot error. Environmental factors like poor weather conditions or bird strikes can also contribute to a crash.

As your Panama City aviation accident law firm, The Pittman Firm understands that protecting the rights of plane crash victims requires attention to both the law and the facts. We work with aviation experts who can help uncover the cause of a crash and can also help our legal team convey complex facts to a judge or jury. This includes interpreting NTSB reports as well as independently examining evidence. Our team can help victims make sense of a tragedy and recover compensation when negligence or malfeasance contributed to a crash.

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US Pilot Grounded After Security Guard Suspected Alcohol Consumption

(Photo by lustfish via stock.xchng)

While the practice was once reserved for schoolchildren, it seems like everything and anything is graded these days. The trend can sometimes feel a bit much, but it can also provide helpful insight into institutions that are otherwise tough for the general public to evaluate. Health care is one such field and our Panama City medical malpractice attorney was saddened to read that one of our region's medical centers failed to receive a passing grade in a recent study. It is crucial that the public is aware of failing hospitals, but it is an upsetting and even frightening problem.

Panama City's News Herald recently reported on a study by the Leapfrog Group, an organization that studies and compares hospitals, rating them on performance, adherence to national safety standards, efficiency, patient satisfaction, and overall quality of care. The group's nine-member Blue Ribbon Expert Panel calculated the Hospital Safety Scores using twenty-six publicly available pieces of safety data to build a single score. Leapfrog's analysis included the hospital's ability to keep patients free of infections and injuries as well as the ability to prevent medical and medication errors. Study panelists included doctors from Johns Hopkins, Harvard, and the University of Michigan. Consumer Reports also worked on the study.

Alarmingly, Bay Medical Center Sacred Heart Health System received a "below average" score, making it one of eight hospitals in Florida to receive a "D" grade. While Bay Medical declined to comment directly on the study, Pam Spires, the chief quality officer, did release a more general statement asserting that the hospital has high ratings on quality and safety measures from other groups including the federal government's Hospital Compare database, Florida's own Health Finder database, and HealthGrades, a nationally recognized study. Spires also criticized the Leapfrog study's methodology, citing other nationally recognized medical centers that received "D" and "F" ratings. She also noted that the study did not consider certain safety measures such as the computerized order and medication system, a safety project that involved an investment in the millions of dollars.

On a better note, Leapfrog gave Gulf Coast Medical Center an "A", noting it met all criteria in order to achieve an "excellent" rating. Carlton Ulmer, the center's CEO, said this ranking is due to a commitment to treat both patients and employees as family. He noted the hospital strives to do what is best for everyone who comes through their doors and also what is best for the community as a whole. Grades for other Panhandle region hospitals include: an "A" for Fort Walton Beach Medical Center and Gulf Breeze Hospital, a "B" for Niceville's Twin Cities Hospital, and a "C" for Marianna's Jackson Hospital. Overall, the state of Florida ranked 10th in the nation with 39% of the 61 hospitals studied in the state (not all hospitals were included) achieving "A" ratings. Massachusetts landed the top spot in the Leapfrog study.

We should be able to trust that our hospitals are providing quality care with an emphasis on safety. Although we understand the need to publicly defend their institution's quality, we hope that Bay Medical and other hospitals that received low scores will take a hard look at the study and learn lessons from its rankings. Our Panama City malpractice law firm is dedicated to advocating on behalf of those injured by medical errors, negligent care, or other safety failures. We hope one day this service is no longer needed, but until that happens we will be here to help the victims.

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(Photo by Robert Linder via stock.xchng)

Some events manage to seem like they happened just yesterday at the same time as it seems like eons since they were actively unfolding. A recent headline that caught the attention of our Panama City toxic injury law firm reminded us that over two and a half years have passed since the explosion that sparked the Deepwater Horizon oil spill disaster. The accident occurred on April 20, 2010 and workers finally capped the wellhead on July 15, 2010. While the calendar keeps moving ahead, the full impact of the explosion, including the 4.9 million barrels of crude oil released in the aftermath and the chemicals used in the clean-up process, remains to be seen. Toxic tort claims are one way in which the law protects individuals who suffer long-term health effects following such environmental disasters.

Environmental Health Group Seeks Participants for Study on Impact of Gulf Oil Spill
As reported by the News Herald, the National Institute of Environmental Health ("NIEHS") is currently looking for people willing to take part in a long-term study of the impact of the 2010 Gulf Oil spill. The group is looking for workers or volunteers involved with any aspect of the incident to join the study in advance of a December 31st deadline. Over 30,000 individuals have already agreed to take part and the NIEHS hopes to enroll 10,000 more participants in the coming month. The study, which is expected to last ten years, is projected to be the largest investigation ever into both short and long-term health effects of oil spills including the impact on both mental and physical health. Dale Sandler, an NIEHS researcher, said there is currently very little known about the health impacts of an oil spill and added that the study will help communities to be better prepared to respond to future oil-related disasters. Investigators plan to choose 15,000 participants for clinical home visits and to conduct a more intensive study of a group of 5,000 participants via long-term health monitoring. Study information will be kept private and confidential and will not involve disclosing participants' health information. However, participants will be told the results of their own screening tests and the officials will provide referrals to medical providers where necessary.

Toxic Tort Claims Protect Victims of Environmental Disasters
The NIEHS study is a reminder of the fact that oil spill disasters pose a risk to the environment in general and also to the health of individuals in the impacted communities. Despite the existence of both state and federal environmental laws, numerous chemicals and toxins are released into the environment every single day. Both these daily events and the larger-scale disasters can leave people sick, often without clear answers as to the source of their illness.

If toxins have made you or a loved one ill, you may have legal recourse via a "toxic tort" claim. These claims allow an individual, or group of individuals, to recover compensation from a company that released pollutants or other byproducts that left the individual sick or injured. Toxins that can lead to medical problems include pesticides, asbestos, toxic waste, oil, and gas. These and other substances can cause a range of serious medical issues such as cancer, respiratory illness, brain damage, and birth defects. Toxic tort suits not only allow individuals to recover money damages, but also serve an important public purpose in holding companies accountable for their actions. This accountability encourages companies to consider and prioritize safety, a move that can prevent future disasters and keep others from suffering similar illnesses.

If you believe a toxic release or environmental disaster caused you or a loved one to fall ill, please contact the Pittman Firm for a free consultation. We are here to help.

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(Picture by veetec via sxc.hu)

As a recent News Herald headline about a Thanksgiving Day tragedy reminded us, home fires remain an all too common event. According to a member of the Holmes County Sheriff's Office, the area emergency communications line received a call at approximately 5:20 P.M. last Thursday reporting a mobile home fire in the area north of Bonifay along Highway 79. Multiple rescue units responded and the Bonifay and Esto Fire Department extinguished the blaze within minutes of their arrival. However, the rescue team arrived too late to save sixty-four year old Michael Lynn Krontz, the only occupant of the mobile unit, whose remains were located inside the home. An investigation is ongoing and includes both the State Fire Marshall's Office as well as the Holmes County Sheriff's Office.

Home Fires: Statistics & Causes
Our Panama City fire injury law firm knows fires are a very real danger but was still surprised to read that home fires constitute the single most common disaster nationwide. Per the American Red Cross's Fire Safety Fact Sheet, a whopping 93 percent of disasters that the organization responded to in U.S. communities during the year prior to the info sheet's compilation were fire related. Rather than improving, fire safety seems to be on a negative trend with the number of home fires increasing eight percent since the year 2000. Fires actually lead to the deaths of more Americans each year than all forms of natural disasters combined, with a home fire reported every eighty seconds in 2006 and someone dying every 204 minutes as a result of a home fire. Despite these numbers (and a statistic that may lead to more tragedies), only 26 percent of families have planned and practiced a home fire escape plan.

What causes home fires? Cooking fires are the top cause of all home fires and fire-related injuries with two-thirds of cooking fires originating with a range or stove. Heating fires represent the second leading cause of home fires. An added heating risk is carbon monoxide poisoning, with more than 200 people dying annually due to the gas which is released by fuel burning appliances such as furnaces and room heaters. While heating and cooking lead to more fires overall, smoking is the top cause of home fire fatalities.

Preventing Home Fires & Protecting Victims
Home fires, fire-related injuries, and home fire deaths can be prevented. The Red Cross found that 74 percent of home fire deaths in 2005 occurred in homes with either no smoke alarms or none in working order. Together, sprinklers and smoke alarms can cut the risk of dying in a home fire by 82 percent compared to the risk in homes with neither safety device. Working fire extinguishers are another useful tool, although it is better to exit a home and call for help than it is to try and fight a fire that is too big.

There are a number of cases in which a fire-related injury or death can give rise to a civil liability claim. Some such claims fall under a product liability framework, such as where a faulty heater or a malfunctioning piece of electrical equipment sparks the blaze. Landlord/tenant law can apply where a rental unit is not equipped with proper safety devices or is not compliant with safety codes. Premises liability principles may also apply in certain fires. As a Panama City injury lawyer, Attorney Wes Pittman understands these legal principles and stands ready to help victims of Panama City fires recover compensation in civil court.

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Rollover accidents are terrifying to contemplate. In a way, they epitomize the lack of control inherent in almost any vehicle accident. We know from experience representing individuals in Panama City car accident injury lawsuits that rollovers can leave occupants seriously injured or lead to a loss of life.

Vehicle Rollover in Parker Leaves One Dead and One Critically Wounded
According to The News Herald, a rollover accident killed one person and critically injured a second on Friday night. Parker Police Department officials believe a white Nissan Altima travelling on East Business Highway 98 struck a guard rail in the vicinity of Morris Drive and flipped before striking a tree and coming to a stop on the road. Forty-seven year old Terry Allan Seiffert died at the scene and officials transported forty-six year old Tasha Todd to Bay Medical Center with critical head and internal injuries. Neither occupant was using a seatbelt at the time of the crash. Police believe that speeding was a factor but have not stated which person was driving the car.

Rollover Crashes: Studies and Statistics
In March 2007, the National Highway Traffic Safety Administration ("NHTSA") conducted a study examining rollover crashes. Looking at data from 2004, the study found that one-third of passenger vehicle occupant deaths occurred in vehicles that rolled over. Overall, 2.7% of occupants in rolled over vehicles suffered a fatal injury versus 0.2% of passengers in vehicles involved in a non-rollover crash. These statistics include 31,693 vehicle occupant fatalities in all types of crashes in 2004 with 10,553 fatally injured in rollover accidents including 8,565 fatal injuries stemming from single-vehicle rollover accidents.

At the time of the NHTSA study, SUVs were more likely to rollover than other vehicles. Notably, this statistic has shifted in recent years with a CNN article from July 2011 reporting that the driver of a 2009 model car was nearly twice as likely to perish in a rollover accident as the driver of a 2009 model year SUV. The Insurance Institute for Highway Safety attributed the change to improved SUV designs and the use of electronic stability control in newer SUV models.

The 2007 NHTSA study also identified other factors that seemed to contribute to the likelihood of a rollover crash. Rollovers occurred more often in older vehicles with young, unbelted drivers with the use of alcohol increasing the rollover risk. Additionally, rollovers occurred most often in speed-related crashes on higher speed limit roads and in non-intersection areas with passing a bigger risk factor than turning just prior to the crash. In many cases, a driver attempted to correct course and steer when they realized a collision might be imminent. Generally, either the rollover itself or a collision with some form of embankment represented the first harmful event in the crash.

A Reminder from Our Panama City Injury Team

Safety groups compile statistics in an effort to help understand past accidents and prevent future tragedies. Sometimes studies can feel a bit removed but every statistic involves very real lives. We hope that safety efforts reduce the frequency of stories such as the Parker collision that forever change the lives of the victims and their loved ones. We also remain committed to the victims of accidents and to helping them recover compensation. If you or a loved one is injured in a rollover crash caused by another driver, a faulty vehicle, or a dangerous road condition, please call for a free consultation with our experienced Panama City personal injury lawyer. Our team is here to help.

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Speeding: All Too Common, All Too Dangerous

News Report Raises Concerns About the Safety of Older Drivers

For many, after the turkey is eaten and the dishes done, the shopping begins. Parents and grandparents, including the members of our Panama City injury law firm, seek out those perfect gifts to make kids smile and ensure hours of fun. When hunting for the perfect toys, shoppers should not only look for good deals but should also keep toy safety in mind.

Toy Injury Statistics
According to Safe Kids USA, a coalition aimed at preventing unintentional childhood injuries), an average of 168,000 children aged fourteen and under need emergency room treatment each year due to a toy-related injury. Approximately half of these injuries involve children under age five, with emergency room treatment for that segment totaling $385 million in 2001 alone. Additionally, since 2000, an average of twenty children have died each year due to a toy-related incident. While this may seem a small number given that an estimated three billion toys and games are purchased annually, even a single accident is one too many - especially when it involves a child in your life.

Toy Safety Tips
The United States Public Interest Research Group provides a useful information sheet detailing some of the most common toy-related hazards. Parents and others should beware the potential for the following types of toy dangers:

• Choking - This is the most common cause of death due to toys. One useful guideline is to avoid buying any toy for a child under age three if it is too small to fit through a toilet paper tube. Manufacturers are required to include a warning label for toys aimed at ages three through six if it includes small parts. Balloons and small balls are also major choking hazards.


• Strangulation - Toys, clothes, and other children's products (such as a mobile) can pose a strangulation hazard. Avoid products with cords or remove/cut them to avoid an accident such as a drawstring on a hood becoming tangled on furniture or other objects and strangling the child.


• Magnets - Small, powerful magnets are used in building toys, magnetic jewelry, and a range of other products. Even a single magnet is dangerous if ingested, but there is a particular danger due to the magnetic attraction if a child swallows two or more magnets.


• "Button" Batteries - These small batteries are used in watches and many electronic toys. If swallowed, the battery acid can lead to severe, even fatal, internal injury.


• Lead/Other Toxins - Although manufacturers have phased lead and toxic phthalates out of toys, older items such as those sold at garage sales or passed down from family members can include dangerous chemicals. These can sometimes be an issue in toys imported from countries with less strict standards. Home kits can test for lead. PVC plastics can also contain toxic phthalates that may lead to developmental disorders.


• Noise - A less considered danger, but an important one. Children have sensitive ears that can be easily damaged. US PIRG recommends removing the batteries or placing tape over speakers if a toy seems too loud for adult ears (which means it is likely too loud for vulnerable young ears).

Representing Injured Children in Panama City

Accidents happen in even the most prepared home. Toy-related injuries can lead to a lifetime of expenses in addition to the immediate medical bills associated with the injury. If your child is injured by a dangerous toy, you may have a civil claim against the manufacturer or seller. Please call our Panama City product liability law firm for help protecting your child's rights.

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Product Safety Law Reminder Following Massive Baby Seat Recall

Playing with Safety at Christmas

Our Panama City injury lawyer knows that hunting accidents are all too common. For many, hunting is more of a lifestyle than a hobby and many take pride in feeding their friends and families during the holidays and throughout the year. However, hunting can be dangerous. Injuries or fatalities can stem from negligent handing of dangerous weapons, failure to follow safety regimens, or a products liability issue involving a rifle or even a piece of safety equipment. In rare cases, hunting injuries can also stem from intentional misdeeds.

This week, WJGH shared the story of Liberty County Judge Ken Hosford. An avid hunter, Judge Hosford (profiled on the Florida court system's website) had travelled to Kentucky for an annual deer hunting trip. He noticed that the deer stand he was in began to feel unstable as the winds began to pick up throughout the morning hours. Hosford put his rifle down and opened the stand door to find that one support beam was sawn completely through and the second was barely holding. While he was watching, the second beam cracked, dropping Hosford from the stand to the ground in a headfirst fall. The incident left the Judge with a fractured collar bone, chipped vertebrae, multiple cracked ribs, and a severe concussion.

According to police, the tree stand fall was more than a typical accident. They believe that someone deliberately cut the support beams for the stand over the summer. Police do have a lead but worry it may be difficult to prove the case. However, despite the fact that there seems to be clear fault in the case, Hosford notes that safety checks could have prevented the fall. He told reporters that he would likely have identified the tampered beams if he completed a check of the stand upon arriving the prior afternoon.

George Warthen, the Florida Wildlife Regional Hunting Coordinator, seconded Hosford's sentiment, noting that safety checks and other precautions should always be a top priority. In addition to inspections, tree stand accidents can be prevented by the use of a full body harness or full body arrest systems. Wearing such a device can keep a hunter safe from a tree stand accident for the entire time he or she is off the ground. The use of harnesses and similar devices has helped to reduce the number of tree stand accidents in recent years.

A single accident can change a life forever, or even end a life prematurely. We encourage all hunters to take every safety precaution to ensure their own well-being and that of others. Safety regrets are much worse than missing a shot. Still, even the most diligent hunter, or by-stander, can be the victim of a faulty product or be injured by someone else's negligence. An injured victim can still have a civil claim even if, in retrospect, the victim could have taken additional safety measures. If you suffered injury or lost a loved one in a Panama City hunting accident, please call our Northwest Florida personal injury law firm.

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Panama City Beach Considers Policy Changes for Scooter Rental Businesses

Considering Safety Following Death of Fort Walton Beach Resident in Golf Cart Accident

It seems like hardly a day goes by that our Panama City injury firm doesn't hear about another tragic automobile accident on our local roadways. These accidents cause serious injury and significant property loss, and all too often they lead to a loss of human life. We believe it is our job to advocate for victims in two key ways: 1) By representing them in civil claims under state or federal law and, also, 2) By helping to prevent accidents to keep people from becoming victims in the first place. While it sometimes seems like too basic a factor to mention, speeding accidents are also all too common.

FHP Cites Speeding as Factor in Deadly Single Car Accident in Panama City Beach Area
This weekend, as reported by the News Herald, the Florida Highway Patrol released the name of a young woman whose life was cut short by a car accident. On Friday night at around 11:30 P.M., twenty-three year old Jessica Iwalani Kalma was driving east on Delwood Beach Road in a 2006 Dodge Charger. Police report she was travelling at a high speed when she failed to stop for the T-style intersection with Delwood Drive. The Charger passed through the intersection and crossed over Delwood Drive into the east shoulder area where it hit a magnolia tree before bursting into flames. The car fire consumed both the engine and passenger compartment. No other vehicles were involved in the crash which led to Kalma's death.

Speeding Statistics
Whether it is a single car accident or a multicar pileup, speeding is a major cause of automobile crashes. The National Safety Council's Speeding webpage cites a National Highway Traffic Safety Administration ("NHTSA") study finding speed is a factor in one of every three fatal crashes. This makes speeding the third most-common contributing factor in traffic crashes nationwide. However, unlike most other dangerous factors like driving under the influence or failing to wear a seatbelt, the number of speeding-related crashes leading to injury or death has not fallen. Controlling speeding and reducing speeding-related accidents remains a problem for law and safety officials. The NHTSA considers a crash speeding-related if the driver is charged with a speeding offense or a responding officer indicates that racing, exceeding the posted speed limit, or driving too fast for road conditions contributed to the incident.

Speed studies reveal a telling fact; people are quick to name speeding by others as a safety threat but the majority also admit they too speed when they drive. People seem to believe both that they won't get caught and that their own speeding habits are not dangerous. The numbers disagree. Over 13,000 lives are lost in speeding-related crashes each year. Crashes involving speeding cost society more than $40 billion annually, a statistic that translates into a cost of $76,000 for every minute "gained" by a speeding driver looking to shave time off a trip. Speed is particularly dangerous in school zones, where compliance is poor, and work zones with speed being a component in twenty-seven percent of fatal construction/maintenance zone crashes in 2005. Further, while overall speed is generally highest on highways, the vast majority of speeding deaths occur on roads other than interstate highways including forty-seven percent on roads with a speed limit at fifty miles per hour or less and over twenty percent on roads with a posted limit of thirty-five miles per hour or lower.

Preventing Accidents and Protecting the Victims
Our Panama City car accident attorney supports efforts to educate drivers about the danger of speeding. Enforcement, engineering efforts, and company policies can all enhance the effort to cut down on speeding and thus reduce the number of speed-related accidents. If you are injured or lose a loved one as a result of another driver speeding on our area roadways, please call our team. A free consultation is the first step in recovering compensation.

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Pedestrians, Safety & The Law

Accident Claims Lives of Three Teens and Serves as Reminder of the Importance of Teen Driving Safety

The phrase "gun violence" strikes chord of fear in almost all who hear it. Yet, many people will quickly follow their fear with a reassurance, either aloud or internal, that gun violence will not impact them. While we all hear the headlines about gangs and drug-related violence, our Panama City wrongful death lawyer knows that accidental shootings remain a very real issue.

Dispute Leaves Two Wounded After Accidental Gun Discharge

A local gun tragedy is discussed in a recent article by the News Herald team. According to the Bay County Sheriff's Office ("BCSO"), a struggle over a gun that eventually discharged, leaving both wounded. Neighbors called the BCSO to report a domestic disturbance at the Abalone Apartments on North Tyndall Parkway Friday. When officers arrived, they located a woman who had been injured by a shot to the right shoulder. With the aid of a K-9 and the BCSO air unit, officers located twenty-six year old Paul Lambert of Alabama. Police charged Lambert with tampering with evidence, aggravated battery, and being a felon in possession of a firearm. Lambert also suffered a gun wound to the left forearm. Police believe that Lambert demanded his girlfriend give him the gun she had in her purse. After she refused, the pair wrestled for the firearm and it went off, hitting both individuals. Investigators found that Lambert had been staying with family in the area, including twenty-four year old Amber Criswell, whom officers also arrested on charges she tampered with evidence. The girlfriend was hospitalized due to her injuries. Police report their investigation is ongoing and that more charges may come.

Statistics on Accidental Shootings in U.S.
There are many organizations that work to educate the public on the danger of gun-related accidents. Stop Handgun Violence, is a non-profit working to control gun violence through public awareness campaigns and sensible regulation. The group does not seek to ban guns entirely. Among the many facts shared on the group's website is the statistic that it is twenty-two times more likely that a gun in the home will be used in an unintentional shooting than in self-defense.

The more well-known Brady Campaign to Prevent Gun Violence devotes a full webpage to the issue of unintentional shootings. As a broad matter, they note that high gun ownership correlates with a higher number of unintentional shootings. Overall, the mortality rate stemming from accidental shootings is eight times higher in the four states with the most guns than in the four states with the highest levels (for kids five to ten, the rate is fourteen times higher, for kids from infancy through four years, the rate is eight times higher). In 2007, a total of 613 people died nationally as a result of an unintentional shooting. In 2009, a total of 18,610 people were wounded but survived following an unintentional shooting. Looking broadly, most unintentional shooting deaths occur in a home environment and nearly half of the incidents involved a victim being shot by someone they knew.

Many gun owners treat their weapons with care. Storage practices are associated with a rise in the risk of unintentional gun fatalities. Notably, thirty-three percent of households with a gun do not lock the firearm up and that rises to forty percent of homes with a child under age 18. Responsible gun owners should be consulted when government officials work to create safety programs to keep guns out of the wrong hands and encourage gun safety.

Panama City Law Firm for Victims of Gun Violence
Gun control is a controversial, political issue. Gun violence is, however, also a major public safety issue and thus a concern for our Panama City injury firm. If you have suffered injury or lost a loved one due to a firearms accident in Northwest Florida, please call our team. We offer a free consultation to discuss your rights and how the civil law system can help you obtain compensation for your injuries or the loss of your family member.

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