Panama City Florida Injury Lawyer Blog

There's something particularly tragic about the death of a young child. While every traffic fatality is tragic, it is especially difficult when a life is cut short so easy and when the victim is still so sweet and innocent. Unfortunately, child traffic deaths (and child traffic injuries) are all too common with backup accidents posing a particular danger to the youngest victims. The pain of these devastating accidents is unfathomable and our Panama City child accident lawyer is committed to helping get justice for these young victims.

Eastpoint Backover Accident Claims Toddler's Life
The News Herald reported on a tragedy that darkened an Eastpoint neighborhood on Tuesday afternoon at approximately 3:45 P.M. Twenty-five year old Jessica Lee Davis was backing out of a driveway on Russell Road, east of First Street, and failed to notice when a toddler stepped behind the 2004 GMC Sierra. Emergency responders attempted to revive one year old Kelly Shiver, son of Brittney and Allen, and transported him to Weems Memorial Hospital. Unfortunately, he died from his injuries. A report filed by Trooper Paul Azrak of the Florida Highway Patrol indicates that neither Davis nor her passenger, 32 year old Jason P. James, was injured. The report indicates that alcohol is not believed to have played a role in the accident.

The Threat of Backover Accidents
KidsAndCars.org, a nonprofit founded by a crime victim, is dedicated to keeping children safe in and around motor vehicles, has chosen backover accidents as one of their focal issues. In their Backovers Fact Sheet, the group notes that thousands of children are injured or killed each year because a driver failed to see them while backing up, most often in parking lots or residential driveways. Statistics show that 50 children are backed over each week in this country. This includes 48 children who are treated in emergency departments and two who suffer fatal injuries every week. The predominant age for backover victims is one year old and more than 60% of the accidents involve a larger vehicle (i.e. truck, van, or SUV). In 70% of cases, a parent or other close relative is the one behind the wheel.

The problem of backover accidents is growing as vehicles grow. All vehicles have some form of blind zone behind the rear wheels that cannot be seen from the driver's seat and this zone is larger in SUVs and other larger vehicles. Young children are naturally curious and impulsive. One of the most common risk scenarios occurs when a parent or other loved one is departing and a young child follows the adult into the driveway without the driver's knowledge. While parents should educate children about cars from the earliest of ages, the responsibility really rests on the adult drivers to use heightened attention when backing up. Toddlers in particular lack a sense of personal safety, despite having attained a level of independent mobility.

Legislation Intended to Protect Children Stalls
KidsAndCars was one of the groups behind The Cameron Gulbransen Kids Transportation Safety Act of 2007, named for a toddler who died in a backover accident in his family's driveway when his father, a pediatrician, was at the wheel. As discussed in an Edmunds article, the NHTSA expected to finalize a rule requiring backup cameras in all new vehicles, one of several safety measures mandated by the Act, by the end of 2012. However, the rule stalled (and remains stalled) in what Edmunds describes as "an ongoing disappointment to safety advocates."

No Substitute for Driver Vigilance
Backup cameras offer one of the best forms of protection against backover accidents. We hope lawmakers and regulators can get beyond their arguments and put safety first by fully implementing the Gulbransen Act. However, technology is no substitute for vigilance and awareness. Accidents happen, but tragedies are often preventable. If someone else's negligence resulted in your child's injury or death, please call our Panama City child injury lawyer.

Our hearts go out to the family of Kelly Shiver. We wish them peace as they move through this difficult tragedy.

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The Importance of Pedestrian Safety in Florida

(Photo by Scott Stillson)

After intense efforts by groups like Mothers Against Drunk Driving , founded in 1980, most people are aware that drunk driving is dangerous and poses a threat to the driver and everyone else travelling on or near the roadway. People are quick to identify drunk driving as a safety threat but fewer cite the broader problem of "driving while intoxicated" or "driving under the influence." These offenses encompass the use of not only alcohol but also both legal and illegal drugs. A growing part of the DUI/DWI threat, and a rising concern to our Panama City DUI injury law firm, is the group of substances known as synthetic drugs.

Synthetic Drugs Overview
The Office of National Drug Control Policy notes that synthetic drugs include synthetic marijuana (plant materials laced with THC, the active ingredient in marijuana, and also called "Spice" or "K2") and so-called "bath salts," which contain manmade chemicals similar to amphetamines. These are sometimes sold in stores with labels, including a blanket "not for human consumption" statement, that mask their intended purpose and also avoid FDA oversight. A 2011 study found 11.4% of high school seniors used synthetic marijuana in the prior year, making it the second most frequently used drug for the age group. Poison control centers and other public health groups have issued warnings about the adverse health risks of synthetic drugs including hallucinations, agitation, tremors, violent behavior, and elevated pulse and blood pressure

Gov. Scott Signs Florida Synthetic Drugs Ban
Efforts to ban synthetic drugs have been spreading across the nation. Last week, as reported by WJHG, Florida Governor Rick Scott signed a bill banning 27 different forms of synthetic drugs, including Spice, K2 and bath salts. The ban went into immediate effect, making manufacturing or selling the substances a third-degree felony. Officials from the Bay County Sheriff's Office noted that they have to work to stay on top of trends in the synthetic drug arena because the chemical compounds used by manufacturers are ever-changing. Governor Scott noted that he hopes the ban will continue the trends that have Florida reporting crime rates at a 41 year low.

Accidents and Injuries Stemming from the Use of Synthetic Drugs
Synthetic drugs can pose a danger to both the user and those who come in contact with a person under the influence. Bath salts have been associated with some truly horrific headlines, including more than one case of reported cannibalistic activity. There is also a growing trend, and growing danger, associated with driving under the influence of synthetic drugs. Seacoast Online, a New Hampshire news source, reported on a rollover crash on April 9, 2013 involving serious injuries to both driver and passenger. The driver admitted to using K2 prior to the accident, resulting in initial charges including aggravated driving while intoxicated. On March 5, as reported by West Virginia's WCHS, police found synthetic marijuana in a vehicle following an accident. The driver was paranoid and combative when police arrived and they found a folding knife in his right hand when they tried to handcuff him. He was charged with obstructing and "driving under the influence-drugs."

It is impossible to know how many accidents have resulted from the use of synthetic drugs because they are hard to test for and the formulas are constantly changing. However, there is no question that the use of synthetic drugs is a threat to roadway safety. Our Panama City drugged driving lawyer is prepared to help the victims of car accidents caused by a driver using synthetic drugs. We can also help victims of other incidents stemming from the use of synthetic drugs seek monetary redress in Florida's courts. Call to schedule a free consultation.

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As your Panama City car accident law firm, we know that automobile collisions can happen any time of day and any day of the week. While reading a report of an early morning crash in Destin, we considered the particular dangers associated with travelling during different time periods. The late night/early morning hours may mean a higher rate of drivers under the influence of alcohol, highly fatigued drivers, and the lack of daylight. However, daytime hours can mean more traffic and more drivers multi-tasking as they deal with work, children, and other issues that pull their attention away from the road. So, the question is: What time of day sees the most car accidents? Is daytime or nighttime driving more dangerous?

Early Morning Collision Claims Two Lives in Destin
Morning headlines often include reports of overnight accidents, such as a crash that occurred at 3 A.M. on Tuesday April 23. Northwest Florida Daily News reports that the collision took place at the intersection of U.S. Highway 98 and Danny Wuerffel Way. The accident involved a white Mazda, driven by 23 year old Joseph Richard Tyrell III of Crestview, and a Chevrolet Blazer, driven by 42 year old James Bennett of St. Petersburg. Both men were pronounced dead at the scene. Bronson Coleman, a battalion chief with the Destin Fire Department, reported that both vehicles showed heavy front-end damage and the Blazer came to rest on its side. Officials have not commented on the cause of the crash and have not said whether alcohol was a factor.

NHTSA Statistics on Car Accidents By Time of Day
In a report titled Traffic Safety Facts 2009, the National Highway Traffic Safety Administration ("NHTSA") examined traffic accidents ranging from minor fender-benders to fatal multi-car pile-ups. With more than 100 tables and figures, the report closely examines crash data to find trends and patterns. Looking at the time of day (Table 25), the highest number of fatal crashes per three hour period occurred from 6 to 9 P.M. (4,988) followed closely by 3 to 6 P.M. (4,944). For injury crashes, the highest number occurred from 3 to 6 P.M. (371,000) followed by noon to 3 P.M. (290,000). Notably, while there were more daytime crashes across the board, on both Saturday and Sunday the highest number of fatal accidents occurred in the midnight to 3 A.M. period (1,024 and 1,072 respectively). These two periods were also the overall deadliest three-hour spans for the year. Weekend injury crashes followed the overall injury crash trend were most prevalent between 3 and 6 P.M (47,000 on Saturday, 35,000 on Sunday).

Considering the Statistics and Representing the Victims
Although the report does not draw conclusions, the weekend shift suggests that behavior may be a more important factor in fatal crashes than the presence of daylight. Injury crashes are more common in the afternoon/early evening, time periods that personal experience suggests may correspond with the most traffic. Increased traffic may result in an increase in lower speed accidents that cause injury but do not result in fatalities.

No matter what time of day or day of week the accident happened, if someone else's negligence caused you injury or took the life of a loved one in the Panama City area, we can help. Call our Panama City injury law firm to arrange a free consultation with our experienced victim's advocate.

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Red-Light Running Accidents: The Most Basic Rules Can Be the Most Important

CNN Report Focuses on Young Drivers and the Risk of Serious Car Accidents

(Photo by David Blaikie)

It was love at first sight, America and the automobile. As the years progressed, the love became dependence. With each decade that passed, Americans came to rely more and more on their cars. According to the U.S. Department of Transportation, the country's highways saw approximately 2.8 trillion vehicle-miles in the year 2000, an almost four-old increase in mileage since 1960. We place our trust in our automobiles, assuming that manufacturers comply with strict safety standards. When this trust is misplaced and a defective car causes injury or death, our Panama City defective car lawyer can help.

Manufacturers Recall Three Million Vehicles for Air Bag Defect
Air bags began to appear on the commercial market in the 1980s. Since that time, they've become a standard safety feature and they have saved many lives. Last week, as detailed in an Associated Press report carried by the Northwest Florida Daily News, Toyota, Honda, and Nissan announced a recall of more than three million vehicles due to an air bag defect that might cause the passenger side inflator to burst, sending plastic pieces flying into the vehicle. Affected vehicles are believed to be spread across the globe, with North America, Latin American, Europe, Japan, and Africa among the regions impacted by the recall. The recalled vehicles include an estimated 1.7 million Toyotas, 1.1 million Hondas, and approximately 480,000 Nissans. Other auto makers may also be impacted by the recall.

The recall is focused on air bags manufactured by the Takata Corporation in Japan. Akemi Ando, a Honda spokesman, reported that the problem stemmed from two cases of human error. The first instance involved a worker neglecting to activate a switch for a system that weeds out defective products. The second error involved the improper storage of parts, an issue that exposed the parts to humidity.

The Auto Recall System: A Brief Overview
In the U.S., the National Highway Traffic Safety Administration ("NHTSA") has the power to issue a recall when a motor vehicle or a piece of motor vehicle equipment fails to meet federal safety standards or otherwise includes a safety-related defect. The NHTSA discusses the recall system in a booklet titled "Motor Vehicle Safety Defects and Recalls." Since the recall power was created in 1966, more than 390 million vehicles, 66 million pieces of equipment, 46 million tires, and 42 million child seats have been recalled in order to fix safety defects. Often it is the manufacturers themselves who initiate the recalls. In other cases, the recall is the result of an NHTSA investigation or an NHTSA-obtained court-order.

When the NHTSA finds that a vehicle contains a safety defect, the manufacturer has the option to repair the vehicle at no cost to the consumer, replace the vehicle with an identical or substantially similar automobile, or refund the full purchase price. Where the defect is in a piece of equipment, the manufacturer has the option to either repair or replace the item. The law does include some limitations on remedies based on the vehicle's age.

Recalls and Civil Lawsuits: Two Different Tools, One Commitment to Safety
Recalls are one important safety tool, but they do not exist in a vacuum. Recalls do not alleviate the manufacturer of all legal responsibility for their products. In the recall booklet, the NHTSA specifically addresses the question of whether an individual may still take independent legal action for injuries after a recall has been initiated. The agency replies "Yes," affirming that recalls exist in addition to (versus in the place of) other legal remedies. This means that a civil injury claim can still exist even when a recall has been announced.

As a Panama City personal injury lawyer, Attorney Pittman has experience in both car accident and product liability cases. These areas of expertise combine when automobile defects lead to injury-causing crashes. If a defective automobile led you to suffer injury or caused the death of a loved one, Attorney Pittman can help you pursue and recover monetary compensation. Call to schedule a free consultation.

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The Threat of Dangerous Roads in Panama City

(Photo by Jon Smith)

It is the most basic of traffic rules, one even a preschooler knows - Red means stop. Despite it being so simple, it is a rule often violated by drivers who either don't notice the color change or decide to push through what may start as a yellow light but is definitively red as their vehicle pulls through the intersection. Red-light running leads to serious injuries and even deaths. Our Panama City car accident injury law firm represents the victims of these crashes, helping the victims left behind when people ignore the most fundamental traffic laws.

Two Injured in Red-Light Running Crash
The danger of red light running was reiterated in a story shared by WJHG. Last Saturday night, a car heading westbound on 11th Street travelled through a red light at Frankford Avenue. The car collided with an SUV that was driving north on Frankford, sending the SUV into a tree at the corner of the intersection. Both the driver or the SUV and his passenger were taken to the hospital with injuries that were not deemed life-threatening. Police cited the driver of the car for careless driving.

The Danger of Running Red Lights
On a webpage dedicated to the issue of red-light running, the Federal Highway Safety Administration ("FHSA") calls the violation "a serious intersection safety issue across the nation." In 2008, data from the National Highway Traffic Safety Administration ("NHTSA") found there were a total of more than 2.3 million reported intersection collisions, including approximately 733,000 injury crashes and more than 7,770 deaths. Narrowing this down, the NHTSA's Fatality Analysis Reporting System concluded that red-light running caused at least 762 fatalities in 2008. This figure is based on a definition of red-light running tied to local law, with some areas using a "permissive yellow" rule (violation occurs when a driver enters an intersection after the red) and others using a "restrictive yellow" rule (violation occurs when the driver fails to fully clear the intersection when the red light begins). Using this standard, the NHTSA further estimates that 165,000 people are injured each year due to red-light running.

Notably, a report from the Insurance Institute for Highway Safety ("IIHS") found that half of those killed in crashes stemming from red-light violations are not the violators themselves. A third of those interviewed in an IIHS study reported personally knowing someone who was hurt or killed in a crash caused by red-light running. A full 97 percent of drivers said that other drivers failing to obey red lights posed a major safety threat. Sadly, this knowledge doesn't seem to translate to personal behavior, a fact reiterated in another FHWA fact sheet that says one in three drivers report running a red light in the prior 30 days.

Panama City Injury Law Firm Represents Victims of Red-Light Runners
The riskiness of red-light running is without question. Per the FHWA fact sheet, an individual is more likely to suffer injury due to a crash involving red-light running than any other type of collision. If you have been the victim of a red-light running crash in Northwest Florida, please call our Panama City injury law firm. We help victims injured by someone else's negligence recover money damages and begin the process of moving forward.

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CNN Report Focuses on Young Drivers and the Risk of Serious Car Accidents

Head-On Collisions: Rarer, And More Dangerous, Than Many Imagine

(Photo by Martin Abegglen)

As a law firm for Panama City drunk driving victims, and as citizens of Northwest Florida, we applaud the work of the Florida Sheriff's Task Force in Operation Dry Spring, an initiative aimed at lowering the number of young people involved in emergencies associated with underage drinking and the use of synthetic drugs. The News Herald reports that the statewide task force led to more than 5,000 arrests and allowed police to seize more than 18,500 grams of narcotics.

Bay County Posts Highest Arrest Numbers Following Statewide Focus on Underage Drinking
Thirty-seven counties took part in Operation Dry Spring, which ran from March 4 to April 7, with Bay County posting the highest number of arrests at more than 1,800. Major Tommy Ford notes that Spring Break safety in Bay County involves the Sheriff's Office, the Florida Highway Patrol, the Panama City Beach Police Department, and the Division of Alcoholic Beverages and Tobacco. While the latter usually takes the lead on underage possession of alcohol charges, Ford noted that in Bay County the troopers focused on traffic enforcement and ABT concentrated on underage drinkers. He added that the BCSO and the PCBPD "focused on the general mayhem." Ford cited the dedication of all the agencies and the head-on approach as contributing the Bay County leading the state in charges filed during the operation.

MADD Tackles A Common Teenage Query: Why 21?
It's a question asked at least once by almost every American teenager - Why 21? Mothers Against Drunk Driving tackles the issue in a series of articles on the group's website. Interestingly, history shows that most states had a minimum drinking age of 21 before a movement in the late 60s and 70s led to 29 states lowering the drinking age to more closely match the newly-reduced voting and military enlistment ages. Almost immediately, according to MADD's research, drunk driving crashes and deaths related to alcohol use rose in those states and in border-areas (dubbed "blood borders") where young people drove across state borders to drink and then crashed on the return trip to a higher-age state. More than half of the states, a total of sixteen, returned to a drinking age of 21 by 1983. A federal effort followed with legislation in 1984 leading to all states signing on to a drinking age of 21 by 1988.

Has 21 worked? The National Highway Safety Administration estimates that the return to a 21 minimum has saved 900 lives per year, resulting in more than 25,000 lives saved since the across-the-board adoption of a drinking age of 21. Other studies show that underage drinking rates have fallen. Since 1991, the use of alcohol has fallen 45% among 8th graders, 30% among 10th graders, and 18% among 12th graders. Research also negates the suggestion that lowering the drinking age would make it less attractive to teens (the "forbidden fruit" theory), with studies showing young people drank more under an age 18 minimum. Another statistic found underage drivers were involved in more than twice as many fatal crashes prior to the universal adoption of the 21 minimum. MADD also notes that alcohol is particularly harmful to teenage brains and that drinking as a teenager increases a person's risk for alcoholism.

Panama City Injury Firm Representing Victims of Underage Drinking
There is a lot more to say about underage drinking and it is an issue we will revisit. MADD's research into the 21 year-old minimum supports both the existence and the enforcement of our current drinking age. We applaud the law enforcement teams for their work on Operation Dry Spring, work that research affirms is important to the safety of teens and of our community as a whole.

If you have been the victim of an accident caused by underage drinking in the Florida Panhandle region, or if you lost a loved one in a similar tragedy, please call our firm. Attorney Pittman is an experienced Panama City injury lawyer and his team can help you file a civil claim and recover crucial monetary damages that will help you move forward from unexpected tragedy.

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Florida Eyes Tougher DUI Penalties

(Photo by Jørgen Schyberg)

At The Pittman Law Firm, we've been closely following the progress of Florida's potential ban on texting while driving. Our Panama City distracted driving injury law firm sees the terrible tragedies that result from inattentive driving, including texting behind the wheel. As such, we are glad to share the News Herald's report that the state legislature drew closer to approving a statewide ban on texting while driving with last week's 16-1 vote by the House Economic Affairs Committee clearing the bill. HB13 now moves to the House floor as a companion bill, SB52, works its way through the State Senate.

Content of HB13's Proposed Texting Ban
Pursuant to HB13, texting while driving would be a secondary offense in Florida meaning a law enforcement officer would first need to stop a driver for another violation before issuing a texting citation. Notably, in 2009 the legislature approved primary enforcement of seatbelt violations, formerly an example of a secondary offense in the state. A violation of the texting law would include a $30 fine (plus court costs) for a first-time violator and $60 (plus court costs) and three license points for a second or subsequent violation in a five year period. Additional penalties apply if texting causes an accident or if a violation occurs in a school zone. The bill's ban covers both typing and reading texts on mobile phones or tablet computers. It excludes the use of "talk-to-text" technology and permits texting when stopped at a red light.

Supporters and Opponents Express Opinions on Texting Ban
Rep. Doug Holder, the bill's sponsor and a Republican from Venice, said that people are dying every day as a result of texting and other forms of distracted driving. He added that texting behind the wheel is the equivalent of someone driving after drinking four beers in quick succession. Florida's Department of Highway Safety and Motor Vehicles released a preliminary report that 4,841 of the 256,443 reported crashes in Florida during 2012 involved a driver who had been texting or otherwise making use of an "electronic communications device." Another source cited by the Herald noted that texting takes a driver's eyes off the wheel for five seconds, which sounds brief but is long enough for a driver travelling at 55mph to travel the distance of a football field. Florida's texting ban has the support of AAA, AT&T, trial lawyer groups, businesses, and state law enforcement organizations.

Florida's proposed texting ban has been stalled for years due to opponents concerns about advancing government intrusions in the lives of private citizens. Panama City Republican and Economic Affairs Committee chairperson Jimmy Patronis cast the sole vote against the bill in the committee. He said he continues to worry the ban is overly intrusive. However, he declined to exercise a power that would have allowed him to essentially kill the legislation entirely, stating that he believed it belonged to the entire House and that he did not want to put his own agenda above the people's verdict.

Currently, thirty-nine states and the District of Columbia have texting bans covering all drivers (versus only minors). At least one study questioned the efficacy of the bans, finding collisions actually rose slightly following a ban. Researchers speculated that drivers continued to text but hid the action by moving their phones down and thus taking their eyes off the road for a longer period.

The Pittman Firm's Work on Behalf of Distracted Driving Victims
Our office supports efforts to prevent distracted driving. We believe this requires a range of efforts including legislation, enforcement, and education. Legislation alone will not solve the problem, but we do believe enforcing texting bans will prove effective over time and we will continue to follow the progress of Florida's proposed ban. We also believe in protecting the victims of distracted driving by representing them in civil court. If you have been injured by a driver who was texting behind the wheel or otherwise distracted, please call our Panama City car accident injury lawyer

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Distracted Driving and the Progress of a Proposed Florida Texting Ban

Legislature Considers Florida Texting Ban and Hands-Free Requirement

(Photo by Paul Oka)

Driving is a serious responsibility, a fact known all too well to the victims of car accidents. Sometimes people fail to appreciate this responsibility, leading to the injury of a bystander. When courts decide if a defendant is legally liable for another person's injuries, the courts often focus on whether the acts rose to the level of negligence. Two headlines stood out to our Panama City personal injury law firm early this week. One seems to show a driver who failed to inspect the path before him (in this case, a beach) and ran over a beach-going sunbather. The next involves a driver who kept right on driving despite impediments that made it impossible for him to drive safely.

SUV Towing Jet Ski Runs Over Eighteen Year Ols
A mother and son spoke to WJHG after a day sunbathing turned into an emergency trip to a local hospital. The pair was lying on the beach area behind Regency Towers on Saturday afternoon. Lisa Gartner heard a truck nearby and turned to see a Ford Bronco run directly over her eighteen year old son, Gunnar. The truck was pulling a jet ski from the water. Gunnar was facing into the sand when the truck's front wheel rolled over his head. He believes his position saved his life. Timothy Picklo, the truck's driver, said he never saw the teen. Police charged him with careless driving. Lisa Gartner told reporters she understands that people enjoy jet skis but suggested only allowing truck towing the skis to be on the beach at certain times or requiring a spotter walk alongside to prevent the truck from running over a sunbather.

Court Sentences Man to 11 Years Prison for Hitting and Killing Woman
WJHG also reported on the sentencing of a man in a disturbing case of vehicular homicide. According to witnesses, Jeremiah Paul Cahours had been drinking most of the evening on July 3, 2011 when he got behind the wheel of an SUV. A passenger proceeded to ignite a firework inside the SUV, causing the vehicle to fill with smoke and sparks. Still, Cahours continued driving through a parking lot. He hit and killed twenty-two year old Marija Kostova who was riding a bicycle back to her apartment from the pool. Cahours fled the scene, continuing to drive despite the accident, the alcohol in his system, and the firework's aftermath. Police arrested him months later on a tip. He was found guilty following a single day trial in February. On Monday, Circuit Judge Michael Overstreet sentenced Cahours to eleven years in prison.

Considering Negligence, a Key Factor in Civil Injury Cases
It seems unlikely that a driver who exercised due care would have run over a person lying on the beach. It is impossible to imagine the mindset of one who not only drives quite drunk but also continues to drive as sparks and smoke, created by a passenger, filled the vehicle rendering the driver unable to see a bicyclist. It is even tougher to imagine thinking it remotely okay to keep driving away from the collision -- even putting aside his duty to stay at the scene, he risked being involved in more crashes. Cases like these bring negligence to a higher level and may be termed "reckless driving" if the driver acted with willful and wanton disregard.

At The Pittman Firm, most of our cases are not as clear-cut as the two presented here. It is our job to prove that the defendant acted negligently. Negligence is defined by Instruction 401.4 of the Florida Standard Jury Instructions, as "the failure to us reasonable care, which is the care that a reasonably careful person would use under like circumstances."

We urge all drivers to exercise care behind the wheel. I think most of us can point to a moment in recent memory where we knew what the reasonable action was but we still chose another. Hopefully, luck carried all of us through. It seems unlikely that negligent driving will suddenly cease to exist. Until that time, we will work to help the victims of careless driving in Panama City. This includes examining the facts of the case and consulting with experts. As a team, we can prove negligence, a key step towards getting you the compensation you deserve.

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

We've previously discussed the so-called "PIP reform" efforts that took effect this year, noting that the changes may prevent accident victims from receiving crucial compensation. The law contains a number of traps for the unwary, requiring victims to adhere to some complex procedures in order to qualify for coverage. The reforms that kicked in at the start of 2013 make it even more important for accident victims to seek prompt medical and legal help. As an experienced Florida lawyer focused on helping Panama City car accident victims recover needed monetary compensation, Attorney Pittman understands the maze of PIP coverage and can help injured people obtain money that they are due, funds promised by the very insurance policies they've paid into for many years.

Order Puts Elements of PIP Reform on Hold, Governor Vows Appeal
Last week, as discussed in a News Herald piece, a Florida judge took a sharp look at the recent changes to PIP and to the system in general. In a Tallahassee courtroom, Leon County Circuit Judge Terry Lewis declared that the reforms may be unconstitutional and therefore must be temporarily suspended. In passing the reforms, including requiring proof of an "emergency medical condition" in order to qualify for the full $10,000 of PIP coverage, legislators said they wanted to reduce fraud and prevent a resulting increase in the cost of insurance. Another element of the reform package disallowed PIP payments to acupuncture practitioners and massage therapists. Judge Lewis said that the reforms may not pass constitutional muster because, in part by limiting available medical treatment options and cutting out access to certain providers, the PIP system may not be adequately compensating Florida drivers for sacrificing their right to bring a civil lawsuit.

Florida introduced PIP in the 1970s, replacing the traditional system of "at fault" liability for auto accidents of a limited size in an effort to reduce litigation costs. PIP is short for "personal injury protection." It is an element of your own insurance policy that Florida motorists must carry pursuant to Florida Statutes Section 627.736. PIP covers the first $10,000 of your injuries and lost wages following an auto accident, regardless of fault. However, as the News Herald notes, many believe that the non-fault PIP system has led to a huge problem with fraud including staged accidents and exaggerated injury claims. Lawmakers and insurance industry officials put the cost of fraud at $1 billion a year, costs that are passed back to consumers with higher premiums. This figure is part of what inspired the PIP reforms that took effect on January 1, 2013.

Judge Lewis's order halting parts of the PIP reform questioned whether, given the recent changes, no-fault remained a reasonable alternative to rights granted and protected by the Florida State Constitution. While noting that others may disagree, he concluded that the system, with the so-called "reforms" in place, no longer met this critical requirement. The does not entirely dismantle the no-fault system, but it does block several of the new measures, including the exclusion of certain practitioners and the limit on payments for an injury that doesn't qualify as an "emergency medical condition." Gov. Rick Scott, along with has vowed to appeal the order, an action that may block the injunction pending a hearing before the appellate court. At the same time, State Sen. Joe Negron, who sponsored last year's bill, has proposed ditching PIP for a new system more like the state's former tort system and more akin to the system's in place in a majority of U.S. states.

Following the Issue, Protecting the Injured
In order to protect people injured in the Panhandle region, our Panama City personal injury law firm will continue to follow this matter. If you are injured in a car accident in Florida, you should seek prompt medical attention and also reach out to an experienced attorney for legal counsel. Remember - At The Pittman Law Firm an initial consultation is always free and most injury cases are handled on a contingency basis so there is no fee unless you recover money.

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Understanding No-Fault Law and Florida Car Accidents

(Photo by Brian Turner)

It is a detail we hear all too often in our work as your Panama City car accident law firm. In working with accident victims, we find that young drivers are disproportionately responsible for car crashes. Some clients feel hesitant to bring a claim against a young person, but they still find themselves in need of monetary compensation following a major injury. We remind these clients that society must hold young drivers responsible for the negligent behaviors that lead to car accidents and remind them that they will be treated like adults when they take on the very adult privilege of driving.

Three Fatal Crashes, Almost a Fourth
A recent CNN report focused on the risky habits of younger drivers. The first driver introduced in the article is Chance Bothe, a 21 year old from Texas who had just sent a text declaring, "I need to stop before I have a wreck and kill myself" when his truck plummeted down a 20-foot ravine. He survived but spent three weeks in a coma and months recuperating in the hospital. The piece then shifted to discuss accidents involving teens in Illinois, Ohio, and Texas, a total of three crashes that claimed fifteen young lives in a three day span.

Accident Statistics and Risk Factors Involving Younger Drivers
Sadly, these accidents are not outliers. Motor-vehicle crashes are the leading cause of death for people between the ages of 15 and 20. Compared to older drivers, teens are three times more likely to be involved in a fatal crash. According to the Centers for Disease Control, a total of 2,700 people aged 16 to 19 died in vehicle crashes during 2010, a figure that works out to more than seven teen deaths every day. In the same year, an additional 282,000 young people required injury treatment following vehicle accidents.

There are numerous other factors that increase the risk for car accidents and accident-related injuries among young people.

• Carrying teen passengers increases the risk that a young driver will be involved in a crash.


• Accidents are particularly likely to occur in the first few months after the driver receives his or her license.


• The fatality rate is nearly twice as high for males aged 16 to 19 as it is for females.


• Weekends are particularly hazardous with 55% of teen motor vehicle fatalities occurring on Friday, Saturday, or Sunday.

All of these statistics are important, but it was another fact that really caught the attention of our Panama City accident law firm - in a state-to-state comparison, Florida had the second highest number of fatal crashes involving young drivers in 2010. The National Highway Traffic Safety Administration found that Florida's 113 accidents came second only to Texas.

An Adult Privilege Carries Adult Responsibilities
We support increased safety efforts targeted towards young drivers. Graduated licenses, tracking technology, and hazard-recognition education are just a few of the efforts that may help reduce the accident rate involving young drivers. We also believe in holding people responsible for their behavior behind the wheel. Hearing about their peers being held legally liable for negligent driving may make other teens think twice before shirking their driving responsibilities.

If you have been injured in a car accident caused by a teen driver in Northwest Florida, please call our Panama City injury law firm. We can help you recover monetary damages and send a message reminding young people that enjoying an adult privilege means taking on adult responsibility.

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

(Photo by Steve Lyon)

As proud members of the Panama City community, we know that Northwest Florida has much to offer. We welcome those who choose to vacation in our region and hope tourists visiting our area have an enjoyable visit. However, we know that vacationers are not immune from accidents and vacation injuries are an unfortunate reality. If you are injured during a visit as a result of someone else's negligence, or if you have lost a loved one due to an accident in the Panhandle region, our Panama City tourist's accident lawyer can help.

Fatal Spring Break Tourist Crash Kills Two, Injures Seven
Spring Break turned tragic for two groups of friends visiting Northwest Florida in an accident detailed by the News Herald and WJGH. Twenty-one year-old Brittney Gallagher was headed back home with three of her fellow students from Ohio State. Gallagher was driving a four-door 2000 Dodge vehicle, headed westbound on State Road 20 near Howell Bluff Drive close to the border between Ebro and Walton County. Her vehicle began to drift into the eastbound lanes and she "veered aggressively," returning to the westbound lane before a second correction led the vehicle to rotate back into the opposing lanes. The Ohio students' car crossed into the path of a 2006 Dodge pickup driven by Kelly Porter, age 26 of Oklahoma.

The crash occurred at approximately 11:15 on Saturday morning. Reports indicate that alcohol was not a factor in the accident. Officials pronounced both Gallagher and Courtney Miller (21, of Niko, Ohio), her front-seat passenger, dead at the accident scene. Rear-seat passengers, Diana Mitchell (22, of Solon, Oklahoma) and Lauren Kane (22, of Willoughby, Ohio), were transported to Bay Medical Center in critical condition. Porter, the driver of the pick-up truck, and three of his passengers, Tyler Magar (22, of Yukon, OK), Courtney Butnett (23, of Edmond, OK), and Matthew Gallant (22, of Oklahoma City, OK), were transported in serious condition to Gulf Coast Medical Center. A fourth passenger, Braden Sollis (21, of Oklahoma City), suffered minor injuries. The truck occupants are students at Oklahoma State University, the University of Oklahoma, and Southeast Missouri State.

The Importance of Hiring a Florida Lawyer Following a Vacation Accident
Most visitors to our region return home with memories and nothing more harmful than a bit of a sunburn. A minority of tourists are not so lucky; vacationers are not immune to tragedies and some visitors find themselves the victim of a serious car accident or other injury-causing event. When Panama City tourists are injured or killed during their stay in Florida, it is crucial that they (or their surviving loved ones) reach out to an experienced Panama City personal injury attorney.

Why do you need a Florida lawyer? First, attorneys can only practice in jurisdictions where they've been admitted to the bar, meaning only a Florida lawyer can bring a personal injury of wrongful death suit in the state. Second, Florida law has many unique contours and you need an attorney who understands the laws governing auto collisions and other accidents in the Sunshine State.

If you have suffered an injury while visiting Panama City or if your loved one perished while on vacation in the Panhandle region, please call our office. Let Attorney Wes Pittman and the Pittman Law Firm team serve as your legal counsel and your trusted representative in Northwest Florida.

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Five-Year Statistic Shows Panama City Leads Mid-Sized Florida Cities in Fatal Vehicle Crashes

What Causes Fatal Car Crashes? - Panama City Wrongful Death Attorney Considers Factors Following the Third Vehicle Fatality to Strike Our Region in Three Days

(Photo by Kel Patolog)

We've all known them -- the crazy curves that are tough to navigate in the best of weather, the confusing intersections, the nearly blind merges, the off-ramps that are tough for even a local to navigate. Having served the community as your Panama City accident law firm for many years, we are all too familiar with dangerous roadways in our region. We work with accident victims to consider all potential civil claims, including those related to dangerous roadway design. Such claims are complex and are only appropriate in certain cases, but they can be a vital tool that can force a municipality to pay attention and remedy a dangerous roadway.

Danger at the Intersection of Front Beach Road and Moylan Road
Bill Miller told a News Herald reporter about a particularly dangerous intersection, one he's brought to the attention of the Florida Department of Transportation ("FDOT"). Miller, a store manager, says he's often had to call police twice a week to report an accident at the intersection where Moylan Road dead ends into a four-lane section of Front Beach Road. These frequent accidents are a threat to area properties, with two accidents in recent months ending with a car in the moat of an adventure park. Miller notes that the accident risk seems to rise with the Spring Break crowds, including a crash just last Thursday. He adds that some of the crashes have been truly horrible. Commenting in more general terms, Sgt. Steven Nacy of Bay County Sheriff's Office Beach Precinct noted that officers respond to a number of accidents at intersections where cross streets end in a "T" intersection with a four-lane stretch of Front Beach Road. Sgt. Nancy added that he can see how the lack of a traffic light could add to the problem.

The FDOT has agreed to undertake a traffic study at the Front Beach Road/Moylan Road intersection. Such studies involve compiling traffic counts and studying law enforcement crash data. While the study is welcome news, it will not begin for two months and will take between two and three months to complete. After the study is done, FDOT will determine whether a stoplight should be installed at the intersection.

Types of Hazardous Roads
We applaud the efforts of Bill Miller and other concerned citizens who speak up when they spot a dangerous intersection or other roadway threat in our region. There are several categories of dangerous road problems including: Design defects (i.e. poor planning that is reflected in construction blueprints or other plans, such as dangerous curves, a hazardous intersection, or inadequate surface materials); Construction defects (i.e. construction that deviates from plans or is otherwise shoddy); Maintenance defects (i.e. allowing roads to become dangerous or fall into disrepair, such as not fixing potholes); and Failure to adapt (i.e. not responding to changes in use or reports of recurring accidents).

Responding to the Threat of Dangerous Roads and Protecting the Rights of Victims
We encourage residents to follow Miller's example and speak up about dangerous roadways, bringing them to the attention of local government and transportation authorities. Contacting the press can be a useful tool if the municipality fails to respond. As for those injured in accidents influenced by a dangerous road condition, bringing suit against a municipality or municipal authority is challenging, but it is possible in some cases. These suits require adhering to a number of procedural rules, including providing written notice to the municipality before filing suit. Suits against municipalities are often subject to a tighter timeline and limitations period than other injury claims, making it particularly important for victims to contact an experienced Panama City dangerous roads lawyer as soon as possible.

At The Pittman Firm, we promise to examine all potential claims on behalf of our injured clients, including claims related to dangerous road conditions. This process begins with a call and a free consultation with our Panama City injury lawyer. The sooner you call, the sooner we can start working to get the compensation you deserve.

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Head-On Collisions: Rarer, And More Dangerous, Than Many Imagine

Rainy Weather Raises the Importance of Flood Safety on the Road

(Photo by David Goehring)

It is every driver's nightmare, looking through your windshield to see another set of headlights bearing down at you. There's something especially terrifying about a head-on collision. While head-on accidents do not occur with the frequency some might imagine, they can be among the most dangerous of roadway crashes. Our Panama City head-on crash law firm is prepared to help the victims of these crashes recover damages via a personal injury or, in the case of a fatal crash, wrongful death lawsuit.

Passing Attempt Leads to Head-On Collision, Leaving One in Critical Condition
Officials from the Florida Highway Patrol are investigating a serious three-car crash on State Road 285 north of Bob Sikes Road, a location within the Elgin Air Force Base reservation. As detailed by Northwest Florida Daily News, twenty-one year old David Lampitt was driving south on SR 285 in a 2004 Chevrolet Impala shortly after eight P.M. on Friday when he attempted to pass a 1999 Honda Accord. As he maneuvered to overtake the Accord, Lampitt collided with a 1994 Pontiac Sunbird that was travelling north with Mike Cummings, a forty-one year old from Valparaiso, behind the wheel. After the initial crash, the Impala slid into the Honda Accord which was being driven by Jamie Jensen-Barley, age nineteen. The Impala eventually came to a rest after flipping onto its roof.

Cummings suffered critical injuries and a helicopter carried him to Baptist Hospital in Pensacola. The other two drivers incurred less serious injuries.

Head-On Accidents: Statistics and Safety Efforts
Statistics show that while head-on crashes are less common than other forms of car accidents, they are among the most deadly forms of auto accidents. One statistic, reported by numerous sources including Wikipedia without direct reference to the specific study, suggests that head-on collisions accounted for only 2% of all U.S. crashes in 2005. However, head-on incidents accounted for slightly more than 10% of fatal crashes in that year.

Perhaps surprisingly, passing is not the most common source of head-on accidents. The American Association of State Highway and Transportation Officials has developed a Strategic Highway Safety Plan built around twenty-two focal areas, including the reduction of head-on accidents. In that section of the study, the group cited statistics finding that a mere 4.2% of head-on accidents on undivided two-lane roads involved an attempt to pass or overtake another vehicle. With comparable numbers on rural roads, 68% of head-on fatalities on two-lane roads involved drivers who were "going straight" and 23% involved drivers "negotiating a curve."

There are a number of steps that communities can take to reduce head-on accidents. These include improving signage, adding road surface markings (such as rumble strips), and installing physical median barriers. Community efforts cannot work unless drivers also take responsibility. While passing accidents are smaller in number, it is still important for drivers to exercise caution when overtaking another vehicle. Drivers must also pay attention to a road's curves and take the curves at an appropriate speed. Finally, drivers must focus on driving and avoid the many distractions that can lead to drifting into another lane. Looking up from the start eliminates the risk of looking down, such as one might do while texting, and looking back to see the headlights of opposing traffic, the terrifying image presented in the opening of this post.

Accident Attorney for Panama City Car Accident Victims
If another driver's negligence caused a head-on crash in the Florida Panhandle region that left you injured or claimed the life of a loved one, please call our Panama City accident lawyer to arrange a free consultation. Let's discuss your accident and your legal rights, the first step to getting the compensation you deserve.

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Rainy Weather Raises the Importance of Flood Safety on the Road

Low Speed Collisions Can Add Up to Big Damages to People

(Photo attributed to "orangesky3")

Over the past week, Mother Nature has made her presence known throughout the nation. Here in northwest Florida, we have been hit by a series of storms that began last Friday and continued well into this week. Like our neighbors, members of the team at our Panama City accident law firm have watched the rainfalls and worried about getting around safely. These storms serve as an opportunity to discuss the important topic of flood safety.

Storms Overwhelm Waterways and Floods Close Area Roads
The News Herald reported that the rains caused many local rivers to overflow their banks. As the floodwaters spread onto area roadways, safety officials closed streets. In just one example, North Bear Creek Road in Bay County was closed for a period after waters overwhelmed North Bear Creek Bridge. The closures hit communities across our region including areas of Bay, Holmes, Washington, Jackson, and Walton counties. Observers recorded a number of rivers exceeding flood stage including the Choctawhatchee (measured at 17.84 feet by the State 20 bridge, flood stage is 13 feet, forecasted to hit ) and the Chipola (measured at 25.62 feet near Altha, flood level is 22 feet). These numbers were recorded mid-week and forecasters suggested the rivers would peak a bit higher.

Safe Driving Tips for Flood Conditions
Flooding is a serious threat to safe driving. The danger grows when repeated storms saturate the grounds and overwhelm waterways. Additional threats can stem from damaged or broken dams/levees or as a result of snowmelt. While safety officials try to stay on top of the biggest danger zones, closing roads and diverting traffic, they cannot be at every flood site and drivers must be prepared. Here are some important facts and flood safety tips, adapted from The Weather Channel's flood fact sheet:

• Flash floods can occur without warning and can strike quickly. Awareness and preparedness is key.


• Unless travelling is absolutely necessary, do not drive during severe weather or when officials warn of potential flooding conditions.


• Never drive through a flooded area. Even if the waters appear shallow, turn around and find an alternate route. Water may be higher than it appears due to dips in the roads and floods can scour away road surfaces, meaning there may not be solid ground beneath the water.


• If no alternate route is available, move to higher ground and stay put until the waters subside.


• If your car stalls, leave it and get to higher ground. You are more important than your vehicle.


• Some general facts about water depth - It takes only six inches of water to hit the bottom of a typical passenger car, threatening a loss of control and possible stalling. A foot of water will cause most vehicles to float. Two feet of moving water can sweep away an automobile, even a larger vehicle such as a pick-up or SUV.

A Message from your Panama City Safe Driving Law Firm
We hope all of our clients and the other members of our community exercise caution and travel safely during the stormy weather and in future wet periods. Remember that other drivers may not always be aware of wet weather driving safety or may take an "it won't happen to me" approach to accident avoidance. If you've been involved in a crash in northwest Florida and believe someone else's negligence contributed to the collision (it needn't be the only cause), please call to arrange a no-cost consultation with our Panama City car accident injury lawyer.

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Staying Safe in Wet Weather

What Causes Fatal Car Crashes? - Panama City Wrongful Death Attorney Considers Factors Following the Third Vehicle Fatality to Strike Our Region in Three Days

With more than thirty-five years' experience as a Panama City personal injury lawyer, Attorney Wes Pittman understands that car accidents leave victims with both emotional and physical scars. The mental suffering may be compounded where the driver who caused the crash fails to stop and take responsibility for his or her actions. Hit-and-run accidents leave both the immediate victims and the community overall as whole angry, disillusioned, and looking for answers.

A Pending Case and a "Hit and Run Car Culture"
A jury seated in a local courtroom is being asked to weigh the evidence against a Panama City Beach woman charged in a hit-and-run that killed a local pedestrian. According to the News Herald, twenty-three year old Juliana Ellzey stands accused of hitting twenty-six year old Allison Simms, a pedestrian, and then fleeing the South Thomas Drive scene during the early hours of January 20, 2012. Panama City Beach Police arrested Ellzey about twenty-four hours after the collision and police reports indicate that Simms' DNA was found on the hood of the Chevy Trailblazer that the defendant said she was driving the prior night. The first-degree felony charge of leaving the scene of a collision involving a death carries a potential thirty year prison term. Prosecutor Bob Sombathy has asked Judge James Fensom to prohibit the defense from offering certain evidence regarding the reputations of both the victim and the defendant.

The Ellzey/Simms case is just one of the many hit-and-run accidents seen on Florida's roadways. While we hope things have improved in the recent years, since Time magazine ran an article on November 20, 2009 titled: "Florida's Deadly Hit and Run Car Culture," statistics are tough to come by. In the Time article, they noted that South Florida continually held the dubious position of being among the nation's most dangerous regions for fatal hit and run collisions. While the article focused on the southern half of our state, our region sees more than its share of hit-and-run crashes, a fact we know firsthand from talking to the victims.

Sources of Compensation for Florida Hit-and-Run Victims
Hit-and-run victims have the right to be compensated for their injuries. In Florida, if the hit-and-run driver remains unidentified, the first recourse for victims is their own Personal Injury Protection ("PIP") Insurance. As we discussed in these pages last month, significant changes took effect on January 1 that impact PIP claims. These changes make it even more important that victims, including those involved in hit-and-runs, seek prompt medical care. Victims must also be sure to get referrals if they need follow-up care.

If a hit-and-run victim's injuries exceed the value of their PIP coverage (usually $10,000), the next recourse will be the Uninsured/Underinsured Motorist ("UIM") portion of their insurance. While insurance companies must offer UIM coverage, drivers are not required to purchase this coverage. The hit-and-run scenario is just one of the reasons we recommend that all drivers purchase UIM coverage. In addition to paying for injuries above the PIP limit, UIM coverage can also include damages for pain and suffering as well as victim's diminished earning capacity. As with any claim, insurance companies are not eager to pay and hiring an experienced Florida insurance lawyer can be crucial to recovering the full amount you are due.

Police, victim's counsel, and the victim's insurance carrier may all be involved in helping identify a driver who fled the scene of an accident that caused injury or death. If the driver involved in a hit-and-run is later identified, a victim can file a personal injury claim in civil court. A Panama City injury lawyer can help the victim prove that the other driver's negligence was the direct cause of the victim's injuries. As always, the civil case will proceed separately from any criminal suit against a hit-and-run driver.

Concluding Thoughts from a Panama City Hit-and-Run Victim's Law Firm
If readers take away only one message from this post, let it be this: Hit-and-run victims, like any victim injured by someone else's negligent or wrongful acts, have the right to be compensated for their injuries. Medical care should always come first, but victims of hit-and-run accidents in northwest Florida should call a Panama City hit-and-run injury lawyer as soon as possible in order to protect their legal rights. We can help.

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(Photo by Robert Linder)