Panama City Florida Injury Lawyer Blog

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)

We see the victims in our office almost every day. They are the families who are grieving a life cut short. They are the people adjusting to life with a serious injury and losing sleep because they relive one moment over and over when they close their eyes. Our firm is dedicated to helping accident victims, including serving as a law firm for Panama City DUI victims. They ask us to help them recover the monetary compensation they are due, funds that they desperately need to help them move forward. They also ask us how they can make sure that no one else faces the same battle, a fight to recover after being the innocent victim of a drunk driver. We are proud to do both, a commitment that includes considering the use of ignition interlock devices.

Overview of the Devices and Proposed Changes to Florida's Interlock Law
WJHG reports that a full quarter of the 53,000 drivers charged with driving under the influence were facing a second offense. This is a disturbing statistic that speaks to issues with both the offenders themselves and the system as a whole. Connie Russell, a mother who lost her son to a drunk driver in late 2006, is one of many pushing for effective reform. She is asking the state legislature to mandate that every person convicted of a DUI be required to use an ignition interlock device.

What is an ignition interlock? It is a breathalyzer that is installed in a car and attached to the engine. In order to start the vehicle, a driver must breathe into the device and pass the sobriety test. The device will also require occasional breath tests throughout a trip, preventing a driver from simply having someone else start the car. The interlock device keeps a record of the breath samples and drivers face additional legal consequences for failing readings.

Currently, the devices are usually only required following a second or subsequent offense and only required for a first DUI conviction if the driver's BAC is 0.15 or higher or if a minor was in the car at the time of the offense (See Florida Statutes 316.193 and the Florida Department of Highway Safety and Motor Vehicles' Ignition Interlock page). In addition to expanding to cover first-time offenders, the proposal sponsored by State Sen. Dorothy Huskill would also force some offenders to keep the devices on their vehicles for a longer period than currently required under the statute.

Debates Over Costs Cause Proposal to Stall
Drivers who are required to install an interlock device on their vehicles are responsible for the cost of the device. Currently, an interlock unit costs $72.50 per month. Doug Manheimer, a representative for a company that leases many of Florida's interlock units, expressed concerns about this cost during a recent legislative hearing. He suggested there may be a tipping point at which the cost drives people to "drop out of the system," opting to drive without a license or insurance rather than pay the interlock fee. Connie Russell responded to this concern in her own testimony before the legislature, by comparing the cost of an interlock unit to the cost to parents like herself who lose a child to a drunk driver.

Florida lawmakers did not vote on the interlock proposal and they have not scheduled any future discussion on the bill. This move puzzled the bill's sponsor and disappoints our legal team. Interlock devices are not a perfect answer and figuring out the best way to use the devices may not be easy, but simply avoiding the issue is irresponsible. We hope that the legislature will revisit the interlock issue and make preventing repeat DUIs a priority.

If you have been injured or lost a loved one in a drunk driving crash in Northwest Florida, please call our Panama City DUI accident lawyer. Attorney Pittman has served the region for more than 25 years, representing victims in personal injury and wrongful death matters and helping educate community members about legal and safety issues.

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Panama City Beach Fatality Serves as Reminder of the Danger of Mixing Drinking and Driving

The Civil and Criminal Implications of a Florida DUI

(Photo by Quinn Dombrowski)

Distracted driving is one of the biggest threats on our roadways today. Our society encourages, sometimes it feels like it even requires, multitasking. As citizens of this busy world, our team understands the desire to feel connected at all times and to use driving time for more than just getting to your next destination. As part of The Pittman Law Firm, a law firm for Panama City car accident injuries, we also know that multitasking behind the wheel is dangerous and leads directly to serious accidents. One form of multitasking that is a particular threat to road safety, and one the state legislature is currently pondering, is texting while driving.

Florida Legislature Considers Ban on Texting While Driving
The News Herald is covering the progress of a texting ban, reporting on Wednesday that the state Senate Transportation Committee unanimously passed a provision that would ban texting while driving. The bill now moves to the Communications, Energy, and Public Utilities Committee. Under SB52, texting would be a secondary offense, meaning police could only issue a ticket if they've already pulled the driver over for another violation. Some expressed disappointment in that categorization and in the limited $35 fine (plus court costs) attached to the texting offense.

State Senator Nancy Detert (R-Venice) proposed the measure and has been advocating for the ban for four years. She says one goal is to train younger generations to adopt safer behavior. She cited the seatbelt law, the safety measure wasn't always so commonplace but the seatbelt law and related education has conditioned younger people to buckle up as soon as they get in the car.

Some state Senators, including Senators Evers and Lee, suggested the texting ban should be added to an existing statute, such as those outlawing careless and reckless driving, rather than being crafted as an entirely new statute. Evers noted texting could even be banned right now under the definition of reckless driving and it would carry a significantly larger $252 fine. Lee adds that he thinks it is better to start with a more robust bill and see how that fares, allowing the House to amend it if they disagree with the stricter language. Detert says the bill stands a better chance of passing as a separate statute and as a secondary offense.

Notably, a similar ban (HB13, lodged in the House Transportation & Highway Safety Subcommittee) has not received any committee time in the state House and is not slated for any.

Statistics on the Danger of Distracted Driving from Distraction.Gov
The U.S. Department of Transportation has created a website, Distracted.gov, focused on the danger of distracted driving. On the statistics page, the DOT notes that 3,331 people were killed and 387,000 injured in distracted driving crashes in 2011. They also share another scary fact - Sending or receiving a text message pulls a driver's eyes away from the roadway for, on average, 4.6 seconds. If the driver is travelling at 55mph, this means looking away for the entire length of a football field. While the DOT lists a number of dangerous distractions (i.e. personal grooming, eating or drinking, and using a navigation system), but notes that texting is particularly dangerous because it requires shifting visual, manual, and cognitive attention away from the task of driving.

Our Commitment to Prevention and to Advocating for Panama City Accident Victims
We serve the Panhandle region as a Panama City injury law firm and we are here to help if you have been injured by a distracted driver. We also believe in prevention. While the DOT can educate people about distracted driving, passenger car driving regulations are generally up to state governments. We hope the state of Florida makes preventing distracted driving a top priority. We also encourage our readers to sign, and follow, the distracted driving pledge and promise to truly focus on the task of driving. This pledge can truly save lives.

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Legislature Considers Florida Texting Ban and Hands-Free Requirement

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At the Pittman Firm, we work with our clients to get Florida accident victims compensation via state and federal courts. We are proud to serve the community as a Panama City injury law firm, including representing people injured by drunk drivers. While the civil and criminal court systems in the U.S. are separate and distinct, we believe it is useful for all residents to have a general understanding of both facets of the legal system as they relate to driving under the influence.

Driver Pleads Guilty, Sentenced to Twelve Years in DUI Manslaughter Case
The News Herald recently provided an update on a tragic accident that impacted our community back in mid-2012. On Thursday, Jimmy John Christo Jr. pled guilty to charges stemming from a crash that killed Joe Landers, the chief of police for Lowell, Arkansas, on April 27, 2012. Despite a request from Christo's lawyer for a lesser sentence, the judge sentenced Christo to twelve years in prison. The charges against Christo included two felonies, DUI manslaughter and leaving the scene of a fatal accident, and three misdemeanors, two related to marijuana possession and one for leaving an accident scene involving property damage. At the time of the collision that killed Landers, Christo's blood alcohol level was almost three times the legal limit.

Types of Criminal DUI Charges in Florida
In Florida, like in all states since 2011, a driver over 21 years of age is guilty of DUI if he or she has a blood alcohol level of 0.08% or higher. The precise nature of the criminal charge can depend on both the driver's history and the results of the DUI incident. A few key types of criminal drunk driving violations in Florida include:

• First time offense - This applies to a driver who was not involved in an accident and has no prior DUIs. This is typically charged as a misdemeanor.


• Second or Subsequent offense - Penalties climb for drivers convicted of repeat DUI offenses.


• DUI with Property Damage or Bodily Injury - These are enhanced charges with enhanced penalties.


• Felony DUI (without accident) - The charge typically rises to a felony level if the driver is charged with a third DUI in a ten year period or a total of four or more DUIs in a lifetime.


• Felony DUI with Serious Bodily Injury, Manslaughter or Homicide - A DUI may also rise to the level of a felony when it results in serious bodily injury. A felony charge for DUI manslaughter applies when the impaired driver causes death. The charge rises to homicide if the driver acted recklessly. These charges can both be enhanced if the driver leaves the scene of the crash.

These different levels of DUI crimes carry increasing punishments including longer jail terms, harsher fines and financial penalties, and longer or permanent license suspension. In some cases, including for certain first offenses, a judge may also require a driver to install an ignition interlock for a period of time. This is a small unit that prevents a driver from starting a vehicle if it detects a set level of alcohol on a breath test.

Civil Law Firm for Panama City DUI Victims
As stated earlier in this entry and in prior blog discussions, the civil system is separate from the criminal courts. A victim injured by another driver may have a viable civil claim even where the defendant's blood alcohol level is below the legal limit (or, of course, if a defendant was negligent despite being unimpaired) or where the prosecutor declines to file criminal charges. While not necessary for a civil plaintiff to succeed, a criminal conviction can be useful in a victim's civil case and may also encourage a defendant to settle a civil claim. Importantly, the standard of proof is lower in civil courts, with a criminal conviction requiring evidence "beyond a reasonable doubt" while a civil verdict only requires a "preponderance of the evidence" (i.e. the majority of the evidence favors the plaintiff).

As a Panama City personal injury attorney, Wes Pitman understands the interplay between the criminal and civil system. He has devoted his career to civil practice in order to help injured victims (and the families of those who lost their lives) recover monetary damages that allow them to move forward after a tragic incident. Along with his team, he is committed to ensuring every client understands how the law applies to his/her unique case and to guiding each client through the legal process. Please call to arrange a free consultation.

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Understanding BAC in the Wake of Panama City Beach DUI Fatality

Before the Party: The Drunk Driving Stats We Hope Will Keep You Safe

(Photo by Ryan Gageler)

Only days after Christmas, and although you like him immensely, I have to tell you that Santa Claus has been to court. Many times. In 1947, in Miracle on 34th Street, a great film starring Natalie Wood, Maureen O'Hara and Edmund Gwynn, Gwynn played Kris Kringle, a man totally convinced he was the real Santa Claus. When he told his friends, he was promptly committed to the infamous Bellevue Hospital just before Christmas. In a warmhearted series of courtroom ploys, his fearless lawyer got him recognized as the only Santa Claus.

Since then, all has not been milk and cookies for Santa. A New Jersey man went to court to get his name changed to Santa Claus, and Santa wasn't even called to testify about whether he liked the man. He might have given the guy a bundle of switches when he was little. Santa's also been involved in cases involving impersonation by a lawyer (not I), disorderly conduct (maybe involving some brandy), and even a tax matter in 1994. Santa might consider retaining a good defense attorney to help him with cases that could arise from his activities on Christmas Eve such as trespassing, employing non-unionized elves, violating wage and hour laws, and Peeping Tom allegations. Peeping Tom, you ask? Well, how else could he see you while you're sleeping?

Georgia granted Santa's flying reindeer special clearance to navigate the skies of the state, but he probably violated the federal aviation regulations all the way. Flying too low. No navigational lights on the sleigh. Reindeer dropping whatever as they flew. So many laws to avoid breaking, and so much for Santa to think about in the short hours before Christmas. He might have wished he had been committed to Bellevue Hospital just to rest. But Santa, I have some wishes, too. First, please take my friends, Joe, Donna, and Jim off the naughty list in 2013. Second, please join me in wishing everyone watching today a safe and happy new year.

The interplay between law and technology is fascinating and ever-changing. Areas of law such as electronic privacy were virtually unheard of a decade ago but are now the topic of debate in our legislatures and at our dinner tables. At The Pittman Firm, our Panama City injury lawyer works to stay informed about the way changing technology impacts Florida law. While people might assume that personal injury law is a fairly static field, it is constantly evolving to accommodate a changing society.

Florida Law on Autonomous Vehicles
One of the technological updates that we are following closely is the status of driverless vehicles. This year, Florida became one of the first states to address the issue of autonomous vehicles through specific legislation. Section 316.85 and 316.86 discuss the operation of these new vehicles on Florida roadway. The latter specifically okays their operation on Florida roadways for testing purposes. The provision requires that a human operator be present and have the ability to intervene and override the electronic operation, with an exception for testing performed on a closed track. Additionally, the law requires that an autonomous vehicle carry $5 million in insurance. In reference to product defect litigation, subsection (2) relieves an original manufacturer from liability stemming from the conversion to an autonomous state unless the claimed defect existed prior to the conversion. The final subsection, 316.86(3), directs the Department of Highway Safety and Motor Vehicles to report back to the legislature by February 12, 2014 with recommendations on further action needed for safe testing and operation of autonomous vehicles. Thus far, only Nevada and California also have specific laws addressing driverless vehicles.

Safety & Legal Concerns Relating to Driverless Cars
Are driverless cars a smart idea from a safety standpoint? Studies suggest that driver error contributes to between eighty and ninety percent of automobile accidents. Proponents of autonomous vehicles note that computers will not get distracted, become tired, or violate traffic regulations. Likewise, drunk driving would not be an issue if a computer is operating the vehicle. However, others note that machines do fail. Critics add that a computer can only understand situations it has been programmed to recognize and say that, no matter how much data and how many rules the manufacturer inputs, there is always a risk of the unknown. A computer may also fail to make good decisions when presented with multiple risks, such as deciding between colliding with an empty shopping cart or an occupied baby carriage. Researchers note that even a small failure rate becomes significant as the driverless cars travel more miles.

Driverless vehicles will pose issues for the legal system. The DMV will have to develop regulations to govern the new technology. Privacy issues will likely arise since the computers will need to collect and maintain certain information in order to ensure vehicle performance. Additionally, courts and legislatures will have to tackle tough liability questions such as whether an accident caused by an autonomous vehicle should be blamed on the car's occupants, the manufacturer, or the company that programmed the computer.

Our Commitment
Our Panama City personal injury firm is committed to staying informed as the law evolves to account for new technology. This is just one component of our commitment to providing the best possible representation for our clients.

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Legislature Considers Florida Texting Ban and Hands-Free Requirement

New Law Enforcement Tool Helps Find Suspects, Raises Privacy Concerns

(Photo by Gabre Cameron)

Representing victims of serious car accidents, our Panama City injury law firm knows that distracted driving has tragic consequences. We are committed to helping victims and we are also committed to preventing accidents by educating the public about risky driving behaviors.

Dual Proposals Pending in State Senate
The Florida legislature is also looking at ways to keep our roadways safe and is considering different bills aimed at cutting down on distracted driving. As detailed in The News Herald, a bill introduced by State Senator Nancy Deter (SB52), and an identical bill filed in the House (HB13), would ban texting behind the wheel. The proposal makes texting a secondary offense, meaning officers cannot stop drivers for texting alone but can cite a driver who is stopped for other reasons. Sen. Maria Sachs sponsored a more restrictive proposal (SB74) that would prohibit texting and also prohibit voice conversations unless the driver is using a hands-free device. Under SB74, both prohibitions would be a primary offense, so police could pull a driver over for a violation of the act. Both proposals allow investigators to pull cellphone records in order to prove a violation.

Legislators and Law Enforcement Comment on Pending Bills
The competing bills are being examined by several Senate committees. Sen. Greg Evans expressed concern about the practical realities of the hands-free proposal, noting that many drivers wait to insert their earpiece until a call comes in and that fumbling with the device may actually be more distracting than answering a short call on a traditional cell phone. In terms of the texting ban, he raised the issue of devices that allow a user to send a text through voice commands. Evers also voiced concerns that the legislature may be overreaching, comparing a car to a home and questioning whether it is appropriate to ticket someone who maintains good control while sending a message.

In contrast, State Senate President Don Gaetz said he supports Detert's texting ban. He cited evidence presented by law enforcement showing that texting is extremely dangerous. Gaetz further elaborated on the danger, noting that it would be different if it was only a risk to the driver but, in reality, texting also threatens pedestrians and other drivers. He dismissed concerns of over-reaching and privacy issues, noting the law contains many restrictions on driver behavior when needed to protect public safety. However, Gaetz indicated he did not support a ban on all phone calls.

In addition to the comments from legislators, the Herald discussed the communications proposals with Panama City Beach Police Chief Drew Whitman. He noted that it might be hard to get drivers to admit to texting on the road, although he added that passengers often do report on driver behavior when interviewed by law enforcement officers. Overall, Whitman said he supports a texting ban because "anything that prevents accidents is a positive." He added that drivers often fail to realize how long they are looking at their phone and how far a car can travel in just a few seconds.

A Reminder About Distracted Driving and Civil Personal Injury Lawsuits
We will continue to follow the progress of the texting and voice communications proposals in the legislature. We also want to remind readers that the civil and criminal systems are separate and a civil injury suit can be successful even where the defendant did not violate any criminal or regulatory laws. A distracted driver is a negligent driver and a victim injured by a negligent driver has a right to seek money damages in civil court.

Attorney Pittman, a Panama City accident lawyer with more than thirty years' experience, represents victims in civil personal injury lawsuits. If a distracted driver left you or a loved one injured, call to arrange a free consultation.

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Bay County Trauma Group Warns Against Using Mobile Devices While Driving

(Photo by Paul Oka)

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)

We all know that drugs are dangerous. While the danger to the user is discussed beginning in the elementary school classroom, people sometimes fail to recognize the danger that illegal drugs in Panama City and throughout our region can have on innocent by-standers. From manufacturing to distribution to active use, the use of substances like methamphetamine are particularly concerning because they can impact the life of any member of our community. Drugged driving is only one of the ways drug use can lead to a devastating injury

Guilty Verdict in Panama City Meth Case
The News Herald recently updated its readers on the outcome of a federal trial involving methamphetamine. According to the charges, twenty-four year old Sara Mari Hoehn and twenty-six year old Sean Lamar Rainer, both of Panama City, conspired to manufacture and distribute in excess of 500 grams of the drug in September 2011. Evidence presented at trial showed the pair built a "shake and bake" methamphetamine laboratory based out of a room at the Panama City Microtel Inn and Suites. When police entered the room, they also observed a .22 caliber handgun and 12-guage Remington sawed-off shotgun.

This week, the federal jury convicted Hoehn on counts including conspiracy to manufacture over 500 grams of methamphetamine, the manufacture of the same, and possession of a sawed-off shotgun used to further a drug-trafficking offense. As provided by minimum mandatory sentencing rules for the drug charges, Hoehn faces ten years to life in prison, a maximum fine of $10,000,000, and a minimum of five years of supervised release. For the gun crime, she faces an additional ten year prison sentence (to run concurrently to the drug sentence), a fine of up to $250,000, and the possibly up to three years of supervised release. Rainer pled guilty to similar charges in February and will face a similar sentence.

The Dangers of Drug Use to Innocent Bystanders
Contrary to what some users would have others believe, drug use is not a victimless crime. The manufacture and distribution of illegal drugs involves a complex world of violence that all too often spills over into innocent lives. Additionally, users often become so desperate for a high that they commit criminal acts in order to fund their habit. Methamphetamine creates a particular danger because some methods of production, including the "shake and bake" style lab involved in the Hoehn case, involve a high potential for explosions and fires (see the blog entries listed below for more detail).

An added danger arises when a user gets behind the wheel of a car. As noted by the National Institute on Drug Abuse ("NIDA"), "Drugged driving is a public health concern because it puts not only the driver at risk but also passengers and others who share the road." The group, which is a component of the National Institutes of Health ("NIH"), notes that specific efforts by government and private groups have led to a greater awareness about drunk driving and a decline in related injuries and deaths, but that the nation needs a similar understanding of the danger of drugged driving.

Florida Drugged Driving Law & The Rights of Victims Injured by Illegal Drug Use
Across the nation, criminal laws on drugged driving have lagged behind drunk driving enforcement efforts. Factors involved in this lag include technological limitations on testing, the ability of some drugs to linger in the system for a longer period, and the lack of consensus on what level of use constitutes impairment. A driver is guilty of a drug-related DUI if the driver's normal facilities are impaired by the drug use. This is hardly as clear-cut as the 0.08 BAC limit that triggers a drunk driving charge (although technically a criminal charge could flow from a lower BAC if it impairs function).

While the criminal law is fuzzy at best, a civil suit can bring justice to a victim injured by a drugged driver. The burden of proof in a civil suit is lower than that in a criminal trial and only a civil suit focuses on compensating the victim. In addition to representing those injured by a Panama City drugged driving accident, our team is also prepared to help victims injured by other drug-related incidents such as someone hurt in a fire sparked by a meth lab explosion. Please call for a free consultation. We can help you get money damages and the justice you deserve.

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Fire and Explosion in Fort Walton Beach Traced to Methamphetamine

Recent Bust Serves as a Reminder of the Dangers of Methamphetamine Use and Manufacture

A report of arrest made this week stemming from a chain-reaction auto accident that occurred back in May caught the eye of our Panama City personal injury lawyer. The case reminds us of some of the principles that our skilled legal team can use to help victims recover compensation after a crash.

Unlicensed Navaree Teen Causes Chain Reaction Car Crash
According to Northwest Florida Daily News, fifteen year-old Brianna Henderson of Navarre was driving alone in a 2004 Dodge Durango on Thursday May 31. At approximately 6:30 P.M., she turned from Edgewood Drive onto U.S. Highway 98 and into the path of a 2012 Nissan Altima driven by fifty year old Alley J. Catyb. The Florida Highway Patrol reports that Henderson hit the passenger side of the Altima, a seat occupied by seventy-seven year old Margaret Catyb. The Altima spun and crashed into a 2002 Acura piloted by twenty year old Aaron C. Patsch of New Mexico. Patsch had been driving west and the front left of his car hit the rear of the Altima. Margaret Catyb died from her injuries. Partsch and his passengers, twenty year old Bryanna Andrews and eighteen year old Trent M. Partsch, suffered minor injuries. Overall, the accident resulted in $36,000 of damages.

Police recently finished their investigation into the late spring crash and authorities made arrests on Friday. Brianna Henderson was charged with failure to yield at a stop sign, violating the conditions of her learner's permit, and failure to obtain a driver's license. Additionally, police also arrested her mother, Apryl M. Tucker, for allowing an unauthorized person to drive an automobile.

Florida Law on Liability of a Vehicle Owner for an Unlicensed Driver's Actions
Pursuant to Florida Statute 322.36, it is against the law to knowingly allow someone to drive your car unless that person is permitted to drive under Florida law. The law applies if the owner knows the borrower has not yet obtained a license or knows the borrower's license has been suspended. Additionally, if the driver is involved in an accident that causes injury or death, the owner's own license may be suspended for one year. A more specific statute, 322.25, states that a parent/guardian may not knowingly allow his/her child under age eighteen to drive on any highway unless the child is authorized to drive by Florida law.

As we have noted before, criminal and civil courts are distinct and sometimes different laws apply. It is not fully clear whether Sections 322.35 and 322.36 translate directly to hold an owner liable in civil court for an accident caused by the unlicensed driver. However, civil courts often reference principles behind other laws to achieve a fair result. This might mean leaning towards imposing liability on the parent, given the statutory precedence, because the teen is unlikely to have assets sufficient to compensate an injured person or the family of a deceased victim.

Importantly, a more general rule called the "permissive use doctrine" can apply to help those injured in cases similar to the accident that claimed the life of Margaret Catyb. Under that rule, the owner of a car may be held liable for any for damaged incurred in an accident caused by an authorized borrower. Statutory law does create limits on damages in these cases. Additionally, the "dangerous instrumentality doctrine" imposes strict liability on a vehicle owner when s/he voluntarily allows someone else to drive the car and that driver's negligence causes an accident. Note that this doctrine does require proof that the borrower acted negligently.

There are many legal principles that can help victims recover after a car accident. Without legal counsel, a victim may not know who they can sue, what types of damages are available, and how to best proceed with a civil claim. With over three decades of experience, Panama City injury attorney Wes Pittman can help accident victims recover money damages.

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Panama City Injury Lawyer Comments on Taxi Accident Law

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

Wes Pittman serves as a Panama City injury attorney, working in the civil law system to help victims obtain vital compensation. While the civil system is distinct from the criminal courts, evidence from criminal investigations can be an important part of a civil case allowing for early settlement or helping support the case at trial if necessary. The police can also be a terrific partner, especially when they are able to locate a wrongdoer who fled both criminal and civil prosecution.

The News Herald is covering a new tool in the arsenal of the Panama City Police Department ("PCD"). The Automated License Plate Recognition ("LPR") is aimed at catching suspects whose vehicles are on the Department's "hot list" such as a plate tied to an Amber Alert, a vehicle previously reported stolen, or someone who violated a protection order. As officials continue to develop the tool and the information set used, the LPR could even help in a homicide investigation. Only one PCD patrol car currently has the LPR set-up, carrying three cameras that capture the license plates of other vehicles and notes the time, date and location of each photograph. The system then runs the tags and compares them to the hot list. If it spots a match, it sends an alert to the officer's laptop and he or she can then respond just as if the officer visually noticed the match. The LPR can run between 600 and 1,000 per shift, much more than can be done manually and with a longer reference list that an officer's memory can hold. Information is also downloaded to the PCD servers daily.

The PCD system, which cost just over $19,000, was funded by a grant from the U.S. Department of Justice. Panama City Beach's Police Department is considering applying for a similar grant. An LPR system is also used by the Florida Highway Patrol which has six cameras across the state including one in the Tallahassee region. Officials note the system is imperfect and a user-entry error could result in a mistaken alert but they note that the officers do check to verify probable cause before making a stop. Further, the hot list may not have the most recent information since the data is not updated in real-time. As a spokesperson speaking about the system summarized, the system is still ultimately reliant on human intervention.

LPR systems do have their critics. Policy remains a bit undecided as to storage of the information, some of which is kept indefinitely while portions are deleted every four months. Officers suggest this helps solve crimes and is not misused but privacy advocates worry about a Big Brother system. Currently, data from the system is public and anyone can request information about a plate number. Critics worry that this could allow someone to track another private citizen's movement. Even some police officials feel the data goes too far in cataloguing the movements of innocent, law-abiding citizens. An American Civil Liberties Union representative referred to the system as "all-seeing police eye that records everything" in his discussion with the Herald. Of course, cost is another concern.

LPR technology holds some promises for helping both police and victims in the pursuit of justice. It will take time to fine-tune the use of the system to help limit privacy concerns, an important issue to our legal team and the rest of our community. While these issues must be addressed, it is good to know that technology is helping move justice forward.

Our Panama City victim's rights law firm is dedicated to helping injured people recover money damages. Please call if we can help you or your family.

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Focus on Driver's Education to Prevent Fatal Panama City Teen Driving Accidents

Few Panama City auto accidents are as tragic as those that take the lives of our youngest drivers. of course, it is well known that teen drivers face significant risks when behind the wheel--their inexperience and increased chance of being distracted are two of the most common factors in accidents. So many accidents hinge on mistakes made with little time to react. Risky behavior often goes unnoticed until it erupts into an accident. For example, riding too closely to another car may not seem like a problem to a teen until the one occasion when the first car stops suddenly and there is no time to avoid a collision. Similarly, texting when behind the wheel doesn't seem so bad until that one instance when a car shifts into another lane while one's eyes are not on the road. Sadly, all it takes is that "one" mistake to end a life.

But what is the best way to hammer home those risks to young teens? Awareness campaigns are widespread. 99 out of 100 teens, for example, would admit that texting while behind the wheel is dangerous. But many still do it. Is there a more comprehensive approach to teaching better driving techniques to youngsters?

Some argue for new driver regulations, with temporary licenses, tighter curfews, limits on passengers, and similar steps that seek to minimize risky situations. Alternatively, some in our area are calling for a return to driver's education classes

Would Driver's Education Make the Difference?
A story earlier this month in the News Herald reported on some community members who are pushing for a reinstatement of a driver's education course in the Bay District school system. The whole effort was spurred by the recent deaths of three local teens. The fatal accidents struck within a two month period. A Facebook page has been set up to draw attention to the effort, and more and more members are joining up.

Those leading the petitioning effort believe there is a difference between formal and informal education. One supporter--a police officer--explained that "Some people can't navigate the curves or they panic. If they brake after the apex of the curve, it can make a car lose control. Things like that a young adult should learn in formal training. Once it's learned, it can become a habit." After all, instilling good habits is the ultimate goal, so that teens drive better at all times.

According to the report, the programs were cut in the District in 2008 as a result of budget cuts. In addition, school officials noted that increased requirements from the state made it more and more difficult to fit in voluntary programs like driver's education programs. The Florida Highway Patrol notes that seven teens have died in local accidents since 2008--though there is no systematic effort analyzing whether that total is higher than when the program was in place. The District Superintendent reported that he has yet to see any studies connecting driver's education courses with less risky teen driving behavior.

No matter what the case, it is important for all drivers to act reasonably when behind the wheel. Our Panama City accident lawyers work with residents in many different situations who are hurt (or killed) in these accidents.

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At The Pittman Firm, we operate in civil courts to help victims of car accidents in Panama City recover compensation for their injuries. While the civil system is separate and distinct from the criminal system, efforts to enforce traffic laws can be essential to preventing accidents and thus keeping innocent people from being injured or even killed in collisions. We believe in helping victims recover essential money damages but we also believe that prevention should always be a top priority.

According to a story carried by WJHG, a number of drivers are protesting tickets issued after red light cameras captured traffic violations. The cameras are set above a number of Florida roadways and set to photograph drivers proceeding when they have a red light. Many drivers, including some interviewed in the article, have paid tickets issued as a result of camera photos. They don't do so happily, but they see the image and take responsibility for the infraction.

In contrast, hundreds of drivers are challenging tickets issued as a result of the cameras and four cases have moved into Florida's Forth District Court of Appeal and at least one being considered by the Florida Supreme Court. One challenge focuses on who issues the tickets, which arrive via mail. The plaintiff in that case argues the tickets are illegal and invalid because they are processed and issued by an Arizona company rather than written directly by a Florida police officer.

While cases wait to be heard in the courts, Paul Henry is working on legislative change. The former state trooper and retired sheriff's deputy is working on a repeal bill. Henry believes that the cameras are leading to numerous injustices. He has prepared a report that highlights cases where the wrong driver was ticketed and other examples where people received fines even though they had a green light. Further, Henry expresses concern that the cameras are moving us closer to a "Big Brother"-style surveillance society. Other opponents of the cameras suggest that the cameras actually increase accidents, specifically rear-end collisions, because drivers are stopping on yellow lights.

The Federal Highway Administration ("FHWA") disagrees with the camera's detractors. Referencing research by the National Highway Traffic Safety Administration, the FHWA found that more than 2.3 million intersection-related crashes in 2008 caused more than 7,700 deaths and included approximately 733,000 injury-causing accidents. Further detail in the study attributed 762 deaths specifically to red-light running in 2008 and suggested the behavior causes approximately 165,000 injuries per year. Examining camera use, the FHWA concluded the technology reduced the frequency of red-light running and the number of associated crashes.

We appreciate the concerns of red-light camera opponents but also applaud the effort to use technology to improve safety on Florida highways. We hope that both law enforcement and legislative groups continue to work on preventing car accidents. We will continue to support prevention efforts while also working to help accident victims. Please call our office so our Panama City personal injury attorney can help you get the compensation you need and deserve.

For more information on red-light running and the use of red light cameras, see the information page assembled by the FHWA .

The world can be a dangerous place. Even before we leave the house each morning a range of dangers exist which might result in serious injury, from falling down the stairs to being hurt by some faulty electrical appliance. There is no way to completely guard against all of these dangers. However, our Panama City injury attorney understands that there is a difference between not being able to eliminate all risks and failing to act reasonably to minimize the chance of a serious accident. The civil law actually requires all community members to act reasonably to prevent unnecessary risks from being taken which might harm others.

Besides avoiding legal liability, it is often just a matter of prudent living to eliminate preventable dangers. Some dangers may not be immediately apparent, however. For example, the News Herald reported this week on the need for parents to be wary of objects in the car which may act at "projectiles" injuring children inside a vehicle. Local law enforcement officials are trying to raise awareness of these missiles inside vehicles with the goal of preventing more serious injury following car accidents.

The main concern is that there are often loose but heavy objects in a car which may fly around the vehicle in the middle of a traffic collision. If the object makes contact with a passenger in the car, the potential for injury is real--particularly if the object hits a child. For example, in examination the reporter's SUV for the story, a police officer explained that the tire iron and car jack placed in the rear truck of the vehicle were dangers.

Many local residents probably have similar objects in their vehicles not realizing that they pose a risk of severe harm. If the SUV is involved in an accident that unsecured jack or iron may end up being tossed around the car. Police officers explain that in the past these loose objects have been documented to severely injury or even kill passengers. The Panama City car accident attorney at our firm is aware that these risks are much higher in vehicles with open trucks, like SUVs, because the design of the vehicle makes it far more likely for loose objects to be stored by not secured.

Beyond "missiles," local law enforcement officers have also noted that there remain many problems with the way that children's car seats are used by area drivers. For one thing, many residents are unaware that car seats can expire. The plastic on the seats can wear out, making the seat unsafe for children. Many car seats bought at consignment stores, for example, may actually be expired. Even if not expired, used car seats may have hidden deficiencies which mean the device offers little protection in an accident. Using only car seats that have a known history is a clear way to avoid this risk.

At the end of the day, even if reasonable safety precautions are followed, there is a chance that one may be injured in a preventable accident. The Panama City car accident attorney at our firm continues to help those in this and surrounding communities who have been hurt, in part, because of the misconduct of others. If you or a family member is ever injured, be sure to contact a legal professional in our area to guarantee that your rights are respected.

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Important Thinks To Do and Not Do After and Accident

With the unseasonably warm weather and the approach of spring, expect more bicycle riders on the roads. In general, they are required to obey the same rules of the road as drivers. They also have equal rights on the road, including the right to safe passage. Certain laws are designed to promote bikers' safety. Violating them can cause serious injury and death to riders and personal injury cases against car drivers.

Bikes should be ridden in dedicated lanes when available and in the same direction as car traffic, not against it. Between sunset and sunrise, bikes are required to display white headlamps and red rear lamps. Consider using a flashing red tail lamp for greater visibility. Under age 16, riders are required to wear helmets, but brain damage knows no age limit, so common sense dictates that every rider wear one. Studies show that white helmets are the most visible followed by yellow. Drivers must watch carefully for bike riders, and riders can improve their visibility by wearing reflective yellow or orange tops at all times.

When approaching a driver coming from a street to the right, if eye contact hasn't been made as the biker nears the intersection, raising a hand from the handle bar and waving greatly increases visibility. Drivers passing bikes are required to come no closer than 3 feet from the bicycle. Passing closer than that to a rider is terribly dangerous. Drivers should avoid passing a bicycle, then making an immediate right turn in front of the rider's path. Bikes are often going faster than drivers anticipate, so a bike can slam into a car making an abrupt turn. Bike riders have to be aware of drivers' blind spots and not stop beside a car in the blind spot at a traffic light. The driver, unaware of the biker's presence, can turn right and into a bicycle starting out from a stop. In the end, both cyclists and drivers share responsibility for peaceful co-existence on the roads.

Continue reading "Bicycle Riders Have Equal Right to Road Safety" »