Panama City Florida Injury Lawyer Blog

Last week, we used this space to discuss the wide range of injuries that can happen when a car and motorcycle collide. Sadly, we find ourselves considering the threat of motorcycle accidents again as three separate motorcycle accidents dominated the headlines in the Florida panhandle. These accidents are a reminder of one of the most important safety tips that out Panama City motorcycle accident law firm can impart - helmets save lives.

Two Days, Two Tragic Motorcycle Accidents
On Monday night, a 47 year-old motorcycle rider lost his life in a collision on State Road 85. Northwest Florida Daily News reports that Tracy Jay Tate was riding his Yamaha motorcycle northbound and arrived at the intersection with Antioch Road at around 7:45PM. Police believe that Tate proceeded forward on a red light as Kiiya Sherre Dixon began to enter the intersection from the eastbound lane of Antioch Road as her light turned green. The vehicles collided, sending both into the grassy shoulder area. Dixon and her 12 year-old passenger were uninjured. Tate, who was not wearing a helmet at the time of the collision, was taken to North Okaloosa Medical Center and was pronounced dead as a result of injuries sustained in the crash.

U.S. 98 was the scene of another accident in the early hours of Tuesday May 14. According to the News Herald, Paul Mendyga of Panama City Beach was travelling west on U.S. 98. Officials and crash investigators believe Mendyga may have had difficulty negotiating a turn onto Hannah Avenue, causing him to lose control and separate from the motorcycle. He sustained head injuries in the accident and was taken to an area hospital in critical condition. The investigation remains ongoing. Panama City Police Department officials reported that Mendryga was not wearing a helmet.

NHTSA Study Examines Results of Florida's Repeal of the Universal Helmet Rule in 2000
In the summer of 2000, Florida law changed to eliminate the requirement that all motorcycle riders wear helmets, allowing those over 21 to ride without a helmet if they carry at least $10,000 of medical insurance. In 2005, the National Highway Traffic Safety Administration ("NHTSA") released a study evaluating the results of this change. The study concluded that 81% more riders died in motorcycle accidents during the 2001-2003 span than in the 1997-1999 time period (compared to a 48% increase nationwide). Analyzing the data, the NHTSA concluded that, "[b]ased on the available evidence the increase in motorcycle fatalities that occurred after the Florida motorcycle helmet law was repealed is due in part to the reduced use of helmets." Hospital admissions also rose by 40%, with admissions for injuries to the head, brain, and skull rising by more than 80%.

Looking at the Florida data as well as data from other states, the NHTSA concluded that eliminating an all-rider requirement will lead to a marked drop in helmet use from nearly 100% use to closer to 50% daytime helmet use. In turn, the number of motorcycle fatalities can be expected to increase by 50 to 100% almost immediately following the repeal of the all-rider requirement. While the number of registered motorcycles will likely rise, this is not the cause of the increased death rate given that the number of fatalities per registered motorcycle will also increase. Additionally, the number of serious but non-fatal accidents will likely rise faster than the rate of lesser injuries. Although the data on injuries is less clear than the fatality data, this suggests failure to wear a helmet correlates with more serious injuries in the event of a crash.

Protecting Panama City's Motorcycle Riders
At the Pittman Law Firm, we are proud to serve as a law firm for Panama City motorcycle riders. We know that many motorcycle accidents are caused by the negligence or inattentiveness of automobile drivers and we are committed to helping the victims of these collisions. While the failure to wear a helmet is never the direct cause of an accident, it can make the resulting injuries more severe or increase the chance of a fatality. Even if the law does not require it, we urge all riders to wear helmets.

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Advocating for Injured Motorcycle Riders in Panama City and the Florida Panhandle

Panama City Motorcycle Accidents and Florida Motorcycle Law

(Photo by Ross Huggett)

As a law firm with vast experience representing motorcycle riders, we know that, for many, riding is more than simply a mode of transportation; it is a way of life. This passion is demonstrated by the thousands of riders who come to town for the biannual Thunder Beach Motorcycle Rally. A WJHG headline suggests that last weekend's rally and the Bike Week that led up to it may have been the biggest ever. Unfortunately, even the safest of riders is at risk when negligent drivers fail to exercise due care behind the wheel. Our Panama City motorcycle accident law firm is proud to serve the motorcycle community when these motorcycle accidents occur.

Rising Popularity, Rising Motorcycle Injury Rates
In recent decades, the popularity of motorcycles has skyrocketed. According to the Network for Employers for Traffic Safety ("NETS"), there are more than 6.2 million motorcycles registered nationwide. Unfortunately, this popularity has led to a significant increase in motorcycle-related fatalities, with the number of deaths more than doubling over a decade. Motorcycles represent only two percent of all registered vehicles, but they are involved in more than 10% of crashes in the U.S. In 2006, 88,000 riders were injured in highway crashes and 4,810 died, making motorcycle riders more than 37 times more likely to die per mile travelled than passenger vehicle occupants.

Representing Injured Riders in Northwest Florida
At The Pittman Law Firm, we know that motorcycle crashes can lead to a wide range of injuries. There are (relatively) the minor injuries like broken bones, torn ligaments, and "road rash." There are also major, life-altering and life-threatening injuries. These can include:

• Head injures - Injuries to the head, such as a fractured skull or severe facial scarring, are very common and can occur even when the rider wears a helmet.


• Traumatic brain injuries - Even when the skull remains intact, brain injury may be present and can lead to permanent mental and physical problems.


• Spinal cord injuries - Spinal cord injuries include spinal contusions and compression, in addition to other injuries that lead to paraplegia or quadriplegia.


• Back injuries - Slipped discs, sacroiliac joint dysfunction, and facet syndrome are just a few forms of back injury that can result from a motorcycle crash.


• Neck injuries - A range of serious and painful neck injuries can stem from a motorcycle accident, including pinched nerves, fractures, and herniated discs.


• Other major, catastrophic injuries - Just a few examples: Severe burns, internal bleeding, organ damage, severed limbs, and compound fractures.

Representing Seriously Injured Motorcycle Riders in the Florida Panhandle Region
An accident can completely change a victim's life. There can be huge financial costs including not only medical bills and lost wages but also the costs of modifying a victim's home to make it handicapped accessible and the costs of travelling for medical care. Victims with permanent injuries may also need home health aides and other assistance with household tasks that the victim used to be able to do for him or herself. Furthermore, there is the mental and emotional impact of a major crash and the resulting injuries.

While an ever-increasing litany of features are designed to keep automobile occupants safe, the fact remains that motorcycles provide virtually no protection to riders. This makes riders vulnerable when the negligence of an inattentive driver leads to a collision. For more than thirty years, Attorney Wes Pittman has represented people injured in motorcycle accidents in Panama City and the surrounding regions. We are proud to serve the motorcycle community. Call if we can help you.

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Panama City Accident Lawyer on the Goals & Strategies in Florida's Motorcycle Safety Plan

Panama City Motorcycle Accidents and Florida Motorcycle Law

Motorcycle accidents are a serious problem on our roadways, posing a risk to the health and safety of riders and automobile passengers alike. The Center for Disease Control reports that motorcycle fatalities doubled from 1999 to 2008. An increase in ridership is one clear factor, but statistics also show an increase in fatality rates from 2001 to 2008, suggesting increased numbers is not the sole factor. In the eyes of our Panama City motorcycle injury law firm, such statistics demand up-to-date research. It is therefore surprising that a study from more than thirty years ago remains perhaps the most comprehensive, detailed analysis of motorcycle accidents and their causes.

Rider Critically Injured in Crestview Motorcycle Crash
Just last Thursday, the fact that motorcycle crashes remain a reality was hammered home when a Crestview collision left a rider critically injured. Per The News Herald, 31 year old Nicholas Posatiere of Ohio was riding southbound on State Road 85 near 77th Special Forces Way. He was riding in the right-hand lane and travelling above the posted speed limit. Florida Highway Patrol officials believe he failed slow as he came upon another vehicle, causing him to collide with the rear of a 2013 Chevrolet Traverse. The impact tossed Posatiere, who was not wearing a helmet, from his motorcycle. He was transported to Sacred Heart Hospital in Pensacola in critical condition. Anthony Tata, the 45 year-old Michigan resident who was driving the Traverse suffered minor injuries. His four passengers were uninjured. Charges have not yet been filed and are pending additional investigation.

The 1981 Hurt Study
In 1981, a team of researchers led by Harry Hurt and funded by the National Highway Traffic Safety Administration released a ground-breaking investigation into motorcycle crashes based on in-depth study of 900 Los Angeles area accidents and review of 3,600 additional accident reports. Many continue to cite the Hurt report as the most important study to date in the area of motorcycle safety, although others note that changes to both motorcycles and riders have the report showing its age.

A PDF copy of the Hurt report (formally titled Motorcycle Accident Cause Factors and Identification of Countermeasures) is available from the Department of Transportation. A few key points from the list of more than fifty findings:

• Approximately three-quarters of accidents studied involved a motorcycle colliding with another vehicle. The remaining quarter involved single vehicle accidents


• The predominant cause of motorcycle accidents was the failure of motorists to see the motorcycle. In two-thirds of the multi-vehicle collisions, the other vehicle's driver caused the crash by violating the rider's right-of-way.


• The most frequent configuration for a multi-vehicle accident was the cyclist traveling straight and a driver making a left turn in front of the oncoming motorcycle.


• In single-vehicle crashes, rider error was the primary factor in two-thirds of the studied accidents.


• Most motorcycle riders involved in crashes were essentially untrained with 92% being self-taught or having learned from a friend or family member. Training reduced accident involvement. A majority of riders involved in incidents had fewer than five months experience on the cycle.


• Across the study, many riders exhibited "collision avoidance problems" with over-braking or under-braking contributing to the inability to avoid the crash.


• Helmet use ranked as "the single critical factor" in preventing/reducing head injuries.


• Almost half of the fatal crashes involved alcohol.


• 98% of the multi-vehicle accidents and 96% of the single-vehicle crashes led to some form of injury to the rider. In 45% of cases, this was more than a minor injury.

A Call for Updated Research
There are still crucial lessons contained in the Hurt project. However, a lot has changed in the past thirty-plus years. Motorcycles travel significantly faster than they did in 1981 (the median speed at impact in the Hurt study was only 21mph). Ridership has changed, including skewing much younger. On the other hand, motorcycles design has improved resulting in vehicles that are safer and more conspicuous. As a result, many have questioned the continued validity of some of the Hurt study's findings.

Given that motorcycle accidents remain a problem, perhaps a growing one, it seems another study is long overdue. The Hurt study may continue to provide some safety guidance, but investing in up-to-date motorcycle safety research is essential to preventing accidents and keeping riders and all travelers on our roadways safe.

Attorney Pittman has extensive experience representing injured victims as a Panama City motorcycle accident lawyer. Our team has helped hundreds of injured cyclists recover money damages. Call to schedule a free consultation.

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Panama City Accident Lawyer on the Goals & Strategies in Florida's Motorcycle Safety Plan

Panama City Motorcycle Accidents and Florida Motorcycle Law

(Picture by David Butler)

Last month, in the wake of several Panama City motorcycle accidents, we discussed the Florida Department of Transportation's Motorcycle Strategic Safety Plan ("MSSP"). As we noted, the 2009 study supplemented a broader look a traffic safety priorities in the state with a specific examination of motorcycle accidents. In our first post about the study, we focused on the accident statistics and risk factors detailed in the plan. While that post focused on looking at the past, this entry will focus on the future, examining the goals and strategies set forth in the study.

Motorcycle Safety: Goals and Strategies
Overall, the MSSP sought to achieve the overarching goal of improving motorcycle safety in Florida and reducing the number of crashes, serious injuries, and fatalities starting with the 2009 publication date. An initial sub-goal focused on collecting and analyzing data, both for the past and going forward, to inform decision-making. Along a similar vein, the study also set forth a planning objective to continue the work begun in the MSSP through centralized and coordinated program planning.

Moving beyond goals focused on continuing the work of the MSSP, the study identified a number of focus areas, setting forth both goals and strategies for each action category. In brief, the focus points of the plan included:

• Personal protective gear - The plan suggests personal protective gear can both reduce injuries and promote rider visibility. Steps include communication, education, and developing partnerships with sponsors and trainers to lead by example.


• Licensing - With a goal of ensuring all riders have the proper endorsement, the study suggests strategies such as improved training, distributing information to owners at various points, evaluating testing programs, and considering an initial restricted licensure period for new riders.


• Education & Training - The MMSP sets a goal of providing adequate training to new and experienced riders. Strategies for this goal include increasing the availability of training programs, promoting further training for experienced motorcycle riders, communicating the benefits of training, overseeing training programs to ensure they serve safety goals,


• Impairment & Speeding - Seeking to reduce the number of crashes due to speeding and alcohol/drug impairment, the plan recommends expanding programs currently aimed at drivers to include motorcycle riders, studying trends to improve effective funding allocation, and developing partnerships aimed at safe riding habits.


• Awareness & Conspicuity - Looking beyond riders, the MSSP sets a goal of increasing motorcycle visibility and generally improving driver awareness of motorcycles. Strategies for this element include educating drivers on road-sharing responsibilities, promoting technology and equipment aimed at improving visibility, and developing a comprehensive statewide plan to ensure efforts are coordinated and avoid costly duplication.


• Additional goals - While the above goals focus on the general public, the study also sets forth goals and strategies involving legislative/regulatory efforts, law enforcement and emergency service providers, roadway planning, and overall communication strategies.

Our Firm's Commitment
At The Pittman Firm, we believe in prevention first. We applaud the effort of the state to confront the problem of motorcycle accidents and improve the safety of our roadways for everyone. We hope the goals and strategies set forth in the 2009 MSSP continue to translate into action aimed at preventing crashes and saving lives. We are also committed to advocating for innocent riders injured in motorcycle accidents and for helping families who've lost loved one in motorcycle crashes. Money damages cannot undo a tragedy, but they are often vital to helping victims recover and civil suits reiterate the message that carelessness that risks the safety of motorcycle riders is not acceptable. Please call our experienced Panama City motorcycle accident lawyer to arrange a free consultation.

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Panama City Attorney Examines State Safety Report in the Wake of Recent Motorcycle Crashes

Panama City Motorcycle Accidents and Florida Motorcycle Law

Last week, our Panama City injury attorney commented on two motorcycle crashes that impacted our community within a two day period. The News Herald is continuing to cover these accidents and the investigation into what went wrong. Sadly, another fatal accident followed close on the heels of the crashes we reported previously. On Sunday morning, Robert and Trannie Iddings, aged 29 and 31 years respectively, were riding on State 79 in Washington County. When a car stopped to turn onto Holmes Valley Road, the Iddings' cycle collided with the back of the automobile. The force ejected both riders from the cycle before a third vehicle struck the bike. Although both riders were wearing helmets, authorities pronounced Robert dead at the scene and transported Trannie to Bay Medical Center Sacred Heart Health Systems in critical condition. Both automobile drivers were uninjured.

While the accidents we've reported are among the most serious, they are not the only crashes to mar this year's Thunder Beach festivities. According to Chief Drew Whitman of the Panama City Beach Police, the department responded to a total of twenty-three vehicle crashes during the annual motorcycle event. Of the reported accidents, twelve involved motorcycles and three of those involved more than one motorcycle.

Statistics and Risk Factors Detailed in the Florida Motorcycle Strategic Safety Plan
In March 2009, the Florida Department of Transportation supplemented a broader study identifying traffic safety priorities with a specific Motorcycle Strategic Safety Plan ("MSSP"). The study noted that between 1997 and 2007 the percentage of traffic fatalities involving motorcycles in the state increased from five to sixteen percent. The study also emphasized that while fatalities are obviously a more severe outcome, the number of nonfatal motorcycle injuries was much higher than the number of deaths with seventeen times more emergency room visits involving nonfatal injuries than fatal ones.

The DOT study also looked at factors associated with crashes in order to help develop a plan for addressing the problem of motorcycle accidents. Overall, more fatal crashes occurred with riders in the twenty-five to thirty-four age group than any other. While our state is a popular tourist destination, the vast majority of motorcycle injuries in the state involved Florida residents. Another interesting statistic - while only ten percent of all motorcycle crashes in 2005 involved alcohol, twenty-seven percent of fatal motorcycle crashes involved drinking (the 2006 numbers were nine percent and twenty percent respectively). Forty-four percent of motorcycle fatalities occurred on the weekend. The study also specifically examined the eighteen months following the 2000 amendment of Florida law to allow riders over twenty-one to ride without a helmet if they carried at least $10,000 in medical insurance. In that period, the state saw a nearly forty-four percent rise in fatal motorcycle injuries and a nearly twenty-one percent increase in non-fatal injuries.

In a future post, we will look at the goals and strategies that grew out of the MSSP report. We hope the state continues to work to prevent motorcycle injuries and deaths. As always, if you or a love one has suffered an injury in a Panama City motorcycle accident, please contact our office for a free consultation regarding your legal rights.

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Panama City Motorcycle Accidents and Florida Motorcycle Law

Motorcycle Safety Tips Following a Fatal Crash

With over thirty years of experience, The Pittman Firm provides knowledgeable and experienced representation to individuals injured in Panama City motorcycle accidents. We know that every accident impacts a very real rider. This understanding makes it even more upsetting to read about two separate motorcycle accidents that occurred in our region in a short two day period.

Two Crashes in Two Days
On Friday October 12, a crash at the intersection of Hutchinson Boulevard and Clara Avenue left two motorcycle riders injured. As reported in The News Herald, Donna Kaye Johnson of Alexandria, Alabama was driving southbound on Clara Avenue in a 2002 Honda Accord. According to Panama City Beach Police, Johnson failed to stop at an intersection and drove into the path of a 2010 Harley-Davidson. Both riders, Michael and Tommy Hayes of Gardendale, Alabama, suffered injury and a local hospital admitted both in critical condition. Johnson was uninjured. The accident remains under investigation.

A second accident hit the headlines of The News Herald the following day. Per Florida Highway Patrol, the crash occurred just after noon on Saturday October 13. The motorcycle operated by fifty-six year old Alvin Chapman ran off the road and hit a tree in Walton County at State 20 and South Jackson Street. Chapman suffered significant injuries and authorities transported him the Bay Medical Center Sacred Heart Health System in serious condition.

Our Panama City motorcycle injury law firm is saddened by these reports but wanted to take this moment to comment on two issues pertaining to motorcycle accidents in Florida:

Liability in Florida Motorcycle Accidents
As a law firm with experience advocating for injured motorcycle riders, The Pittman Firm understands that motorcycle accidents can have a wide range of causes. Experience and studies suggest most motorcycle-automobile accidents are the result of a negligent or inattentive automobile driver. This can include an intoxicated driver, a driver who does not properly share the road with a motorcycle rider, or a driver who fails to see a cyclist. In such cases, the cyclist may have a civil claim against the driver.

Drivers are not the only danger to motorcycle riders. Accidents can stem from a defective bike or defective safety equipment. In other cases, hazardous road conditions are to blame for a rider's injuries. These factors may be particularly important in a single vehicle crash. A core underlying truth -- the fact that no other vehicles were involved does not always mean the rider is to blame.

When a rider calls our firm, we investigate all factors that may have contributed to the accident using a range of tools include accident reconstruction. We seek every source of liability to help an injured rider recover after an accident that was not the rider's fault.

Motorcycle Insurance in Florida
Florida's law on motorcycle insurance can be confusing. As a general matter, the law does not require motorcycle insurance in Florida for riders over 21, but the DMV highly recommends it and warns that riders may have personal liability for an accident if they fail to carry insurance. Some riders with poor records may be required to carry insurance.

Even if insurance isn't required, it is smart. Most sources recommend carrying coverage of at least $10,000 for a single person in bodily injury coverage, $20,000 for two or more injured people, and $10,000 in property damage liability. Please keep in mind that if you are involved in an accident your insurance carrier is not on your side. It is vital that you contact a skilled Panama City motorcycle coverage lawyer to ensure you receive the benefits due under your policy.

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Thunder Beach Motorcycle Rally Promises Fun and Risks

Motorcycle Safety Tips Following a Fatal Crash

Our Panama City Beach motorcycle week known as Thunder Beach is here. Once more, the sound of motorcycles will surround us. From October 10 - 14, bikers from all over the country will convene for bike and biking equipment displays, concerts, and our Gulf Coast dining. It is time to think about the impending presence of more motorcycles than usual and about our duty as drivers of cars and trucks to honor their legal right of way on the roads just as we would for larger vehicles.

Road safety is a shared responsibility, enforced by our laws and courts, between bike riders and larger vehicles. Since size is often tied to visual perception, we should also be more attentive, to be sure the way is clear when we pull onto a road. Statistics show that 40% of biking accidents occur when the motorcycle is going straight and another vehicle's operator fails to see them. The failure of a car or truck driver to see a motorcycle often ends in a serious accident. As a result, the other sound we hear too much of at Panama City Beach during Thunder Beach is the wail of ambulance sirens on the way to crashes. That sound probably means that someone is very seriously injured or has just been killed.

Bikers, you have to do your part, too. Our Florida law changed in 2000 to permit you to ride without a helmet, but since then bike fatalities have increased by 21%. Increase your safety by wearing a good helmet. Wearing reflective clothing, day or night, is also a must. Brightly colored helmets and reflective stickers on them are important to make you conspicuous to other drivers. Think about it. Your head is the highest point when you are on a bike. Bright and reflective colors focus other drivers' attention on your presence. We want you to be safe, have fun, and come back again to our beaches, but if you are in an accident, call me or drop in for my free DVD that will answer many questions about your legal rights.

Our Panama City accident law firm was saddened to read of a recent ride that ended in tragedy for a local motorcycle rider. According to the News Herald, the accident occurred on Sunday evening on U.S. 98 near Lisenby Avenue. The motorcycle was headed east when an SUV attempted to turn into a K-Mart parking lot from the westbound lanes. The Jeep Wrangler hit the bike, sending the rider to the hospital with serious injuries. Investigators took the driver into custody in order to determine if the female driver was under the influence of alcohol.

Despite the widespread knowledge that drinking and driving don't mix, impaired driving remains one of the most common and deadliest crimes. In 2006 alone, more than 13,000 people died from a highway accident involving either a driver or motorcycle rider with a blood alcohol concentration ("BAC") above .08. While early reports suggest the SUV driver in the recent Panama City crash may have been the impaired operator, it is important to remember that riding while intoxicated is also very dangerous. In fact, the percentage of fatal motorcycle wrecks involving a drunk rider is higher that the percentage of drivers involved in fatal crashes. In 2006, twenty-seven percent of motorcycle fatalities involved an operator with a BAC of .08 or higher. For passenger car drivers, the equivalent number was twenty-three percent and twenty-four percent of light truck fatalities involved a drunk driver. An additional seven percent of fatally injured motorcycle operators had BACs between .01 and .07.

Drunk drivers are hazardous to riders, who are more exposed to their environment than those in other vehicles. Drunk riders are also a concern. Alcohol inhibits several skills essential to good riding such as balance and coordination. In 2006, there were 2,007 fatal single-vehicle motorcycle crashes and forty-one percent of those involved had BAC levels at or above .08. For all motorcycle crashes that were fatal to the rider, those occurring at night were three times more likely to have riders with a BAC of .08 or higher. The costs, both emotional and financial, of drunk riding extend beyond the rider himself, impacting loved ones as well. Drunk riding can also pose a danger to other riders, drivers, and pedestrians.

For over thirty years, The Pittman Firm has advocated for people injured in Panama City motorcycle accidents. Many of our clients tell us that riding is more than just a form of transportation. It can be a hobby, a way of life, and a passion. In many cases, the accident stems from a driver's negligence, including the misuse of alcohol. From 2000 to 2008, the number of motorcycle crashes from any cause nearly doubled. Thankfully, this trend reversed and the number decreased over twenty-two percent in the next two years. However, motorcycle accidents remain a very real problem.

We represent many injured riders who did everything right, but we also represent those harmed by a negligent rider. Motorcycle riders must also follow safe operating practices. Ultimately, our job is to help victims by advocating for them in negotiations and court-based proceedings. Please call if we can help you.

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Motorcycle Safety Tips Following a Fatal Crash

Recent Crashes Serve as a Reminder of the Importance of Motorcycle Safety

There are numerous options for entertainment and recreation in our region, offering alternatives for visitors and residents alike. As a Panama City injury law firm, we know this variety is essential to helping our tourism industry and our local economy as a whole to thrive. Yet, it is also important to remember that regulations are needed to help balance the economic rights of business and clients and are also important for ensuring the safety of everyone who enjoys our region.

The News Herald is covering local discussions about scooter rentals, a topic that took center stage at last Thursday's Panama Beach City Council meeting. The primary focus was a twenty-year old ordinance that governs security deposits charged by rental companies. Under the current system, scooter rental businesses may not charge deposits in excess of $100. Companies are required to obtain a specific, separate waiver in order to engage in cross-collateralization of group security deposits. Cross-collateralization means that the deposit paid by a group member can be applied to damage that occurs to the scooter rented by another person in the group. For example, if six people in a group each rented a scooter and each paid a $100 deposit, a company using cross-collateralization could retain all six deposits and apply $600 to cover damage to a single scooter.

Police Chief Drew Whitman of the Panama City Beach Police Department told council members that renters, particularly young people, often fail to understand the possible implications of signing the waiver. He said that companies just add the waiver to the forms needed for a rental and called the practice unfair to those renters and the overall community. A proposed amendment would forbid cross-collateralization and limit damage charges to only $100 per bike.

While Chief Whitman argued in favor of an industry-wide change, he did note that one rental company accounted for the majority of the complaints. That company, California Cycles, has five locations and rents scooters, scoot coupes, motorcycles, and electric carts. Colleen Swab, the company's owner, said her company was being unfairly called out. She defended the practice of cross-collateralization, telling the council that businesses need the protection in order to stay operational. She noted that some rental vehicles can cost over $10,000, saying that limiting the deposit to $100 is unfair to businesses. According to Swab, her company will sometimes lower deposits to make it affordable for younger customers to ride and added that eliminating the waivers entirely would mean a loss of those rentals. Swab said that the industry would be willing to work on a policy change but that it needs to be fair to all groups, including business owners, and that people who are eighteen years old or older need to be held responsible for contracts that they sign.

We are members of the Bay County community and hope that the council is able to find a compromise that balances the interests of businesses and customers, holding all parties responsible while protecting consumers against unfair business practices. We also hope that any discussion of scooters and similar recreational vehicles includes attention to safety. Riders should be responsible for safe operation and owners should be responsible for maintaining equipment that is workable and meets safety standards. If you have been injured by a scooter in Panama City, please call The Pittman Firm. We understand that cars are not the only vehicles that can cause injury, either to a rider or a bystander, and we have the experience to help you recover compensation for your injuries.

For information of safe operation of scooters and similar vehicles see Consumer Reports' "Safety Tips for Two-Wheelers" and Geico's Scooter Safety

Motorcycle enthusiasts love the power of a bike on the open road. Many enjoy the freedom of riding on two wheels and feeling closer to the outside world than they would in a car or other enclosed vehicle. However, as a recent report in The News Herald reminds readers, motorcycle accidents in Panama City and throughout our Northern Florida region are a very real danger.

Florida Motorcycle Accident
In the afternoon hours of Wednesday June 13, sixty-two year old Richard Joseph Munson was riding his 2004 Honda motorcycle with passenger Linda Munson, age forty-two. Both were wearing helmets as they travelled north on State Road 81 in Ponce de Leon. Seventeen year old Desiree Dawn Rushing was also travelling on S.R. 81, heading south in the vicinity of County Road 181. Around 4:40 P.M., Rushing failed to yield the right of way as she turned the 1995 Ford Mustang, crossing the southbound lane and causing Munson to crash into the right side of the car. The collision caused both Munson and his passenger to be ejected from the cycle. Responding authorities pronounced Munson dead at the scene and took Linda Munson to Bay Medical Center in critical condition. Along with her passengers, fifteen year old Shelby Rushing and eleven year old Marissa Rushing, Desiree Rushing suffered minor injuries in the accident. Police are conducting a homicide investigation and charges against Rushing are pending.

Motorcycle Risks
According to the Center for Disease Control, more than 34,000 motorcycle riders were killed between 2001 and 2008. The time frame also saw an estimated 1,222,000 people treated in emergency rooms nationwide for non-fatal injuries involving motorcycles. In Florida, the number of motorcycle crashes and injuries nearly doubled from 2000 to 2008. This trend changed in more recent years, with a 22.2% reduction in the number of crashes and a 21.5% drop in the number of motorcycle-related injuries between 2008 and 2010. Florida Department of Transportation officials attribute some of this improvement to the rider training requirements instituted in July 2008 and the implementation of Florida's Motorcycle Safety Coalition.

Motorcycle riders can take steps to make travelling by two wheels a safer experience. Some of useful principles for safe riding are:

• Wear safety gear - Always wear a helmet and protective eye wear. Bright clothing will help increase your visibility. Protective clothing, including thick fabrics like leather and long pants and sleeves, can help limit injury in the case of a crash by shielding your body from the road and can also prevent burns from the motorcycle itself.

• Be seen - Sometimes drivers have difficulty seeing motorcycles. Always use headlights, including during daytime travel, and make sure they are in working order. Use reflective strips or decals on your bike and your clothing. Flash brake lights to let other vehicles know you are slowing down. Where possible, avoid riding in drivers' blind spots. Use your horn to alert a motorist who appear to not see you and are moving in a dangerous fashion.

• Stay alert - Be aware of road conditions and the location of other motorists. Leave space so that you can respond to the actions of others on the road. Stay in parts of the lane where you can be seen. Always ride sober, drinking and riding can be as dangerous as drinking and driving. Obey the speed limit, signal before turning, and follow the law.

Of course, drivers are also responsible for roadway safety. Motorists should be alert and respect the right of motorcycle riders to share the road. If you are involved in an accident and suffer injury due to someone else's negligence, please contact our Panama City motorcycle accident lawyer. Our team can help you recover compensation for your injuries.

Additional resources on motorcycle safety:

Motorcycle Safety Foundation - Library of safety advice from a not-for-profit foundation dedicated to improving motorcycle safety

Ride Smart Florida - Resource site for motorcycle safety provided by the Florida Department of Transportation

Continue reading "Motorcycle Safety Tips Following a Fatal Crash" »

Spring weather means many residents of our area opt to ride rather than drive, using motorcycles for both transportation and fun. Panama City motorcycle accidents are, however, a very real danger. This danger was brought to the forefront of local news on Friday when two serious accidents involving motorcycles impacted our region on a single day. Our Panama City accident law firm is following both stories as details continue to emerge.

The first accident, reported by WJHG occurred in the early morning hours of Friday April 27. Robert Lambert, age sixty-eight from Louisiana, was driving a 2000 Suzuki motorcycle with Michelle Lynn Mackee-Kitahara of Fort Walton Beach riding aboard as his passenger. The motorcycle was headed north on Eglin Parkway and was just north of Walter Main Road when Lambert slowed, apparently preparing to make a left turn. The motorcycle was hit from behind by a car driven by twenty-two year old Billy Joe Legune of Fort Walton Beach. Both Lambert and Mackee-Kitahara were thrown from the motorcycle. Lambert was treated and released from Fort Walton Beach Medical Center but Mackee-Kitahara was pronounced dead at the scene. Neither individual was wearing a helmet. Fort Walton Beach Police officials are investigating the crash and charges were still pending at the time of the report.

As the News Herald reported, later that same day, Joe Landers of Arkansas was riding his motorcycle on Quarts Street in Panama City Beach. At approximately 8:35 P.M., Jimmy John Cristo Jr. turned his car off of Thomas Drive and into Landers' path. Landers was ejected from his motorcycle and suffered serious injuries. He was taken to Bay Medical for treatment. Cristo fled the scene but was later located by police and arrested on charges including leaving the scene of an accident involving serious injury as well as possession of drugs and drug paraphernalia.

Circumstances surrounding both of Friday's crashes are still being investigated but the accidents are a harsh reminder that motorcycles can be dangerous. We hope these stories remind both riders and drivers that they share the responsibility of making the roads safe for all of our residents and visitors.

A study by the Center for Disease Control found that more than 34,000 motorcyclists were killed nationwide between 2001 and 2008. In that same period, emergency departments in U.S. hospitals reported treating an estimated 1,222,000 individuals for non-fatal injuries related to motorcycles. Fatality rates for riders actually increased between 2001 and 2008, rising from 1.12 per 100,000 to 1.74 per 100,000, a jump of 55%. Emergency rooms also reported an increase in the number of non-fatal injuries in the same time period, rising from just under 120,000 to 175,000 reported injuries. Both death and injury rates were highest in the 20-24 year old age range.

A quick reminder -- As of July 2008, Florida requires that new applicants seeking a motorcycle license take and pass a Basic Rider course. Motorcyclists under age twenty-one are required to wear helmets. Riders over age twenty-one may be eligible for a helmet exemption (i.e. not required to wear a helmet) if they have a minimum of $10,000 in medical insurance coverage.

If you or someone you love was involved in a motorcycle accident in Panama City, please contact us. Our Panama City injury lawyer offers a free consultation to discuss the unique circumstances of your accident.

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Continue reading "Recent Crashes Serve as a Reminder of the Importance of Motorcycle Safety" »

Bike week, Thunder Beach, at Panama City Beach, Florida, April 27- May 1, provides a fantastic opportunity for fun under the sun along the famed shores of the Emerald Coast of the Florida Panhandle. Unfortunately, it also exposes participants to unwanted and unwarranted hazards including injury and fatality.

First, let's consider the risks, and, then, how to minimize them for a safe experience for bikers. Increased traffic always results in more wrecks, but safety considerations, including a healthy respect for traffic laws , will save lives. The National Highway Traffic Safety Administration, NHTSA, has released figures showing dramatic increases in severe accident during the last few years. Over three thousand bikers are dying on the roads each year. Nearly half of the accidents involved alcohol, and a third involved speeding by the bikers. As for the speeding-related deaths, that's twice the rate of deaths seen in car and truck accidents. These stats make us think about how to make biking safer.

Obviously, speeding and drinking before and while operating a bike are taboo. However, safety is a two way street. Operators of larger and heavier vehicles, namely cars and trucks, share the responsibility for safety. Too often, and very dangerously, they engage in road rage, perhaps because they consider bikes a nuisance or are irritated by their noise. Nevertheless, the law is clear. Bikers have as much right to be on the roads as cars and trucks. And they have the same legal protections. In essence, they have the right to safe passage. Bikers, likewise, can take steps to protect themselves from being "the unseen" on roadways.

A New Zealand safety study showed that wearing a white instead of a black helmet increases visibility. Cyclists wearing white helmets had a 24% lower risk of being in an accident. Additional safety can be achieved by choosing the time of day to travel, especially in resort areas. Motorcycle safety courses stress avoiding travel at night, especially in resorts like Panama City Beach where a significant number of car and truck drivers are driving while intoxicated. Avoiding riding at night, particularly on Saturday nights and Sunday mornings in these areas, when drunk drivers are most likely to be on the road, can save a biker's life.

Cars and bikes can peacefully co-exist at the beach, but if an accident happens, this firm is skilled in the investigation, preparation, and litigation of biking accidents caused by careless motorists. Enjoy fun and safety at Thunder Beach 2011 at Panama City Beach.

Six days from now, our Panama City Beach motorcycle week known as Thunder Beach will kick off. Once more the sound of motorcycles will fill the air. From April 27 to May 1, bikers from all over the country will convene for bike and biking equipment displays, concerts, and our Gulf Coast dining. It is time to think about the impending presence of more motorcycles than usual and about our duty as drivers of cars and trucks to honor their legal right of way on the roads just as we would for larger vehicles.

Road safety is a shared responsibility, enforced by our laws and courts, between bike riders and larger vehicles. Since size is often tied to visual perception, we should also be more attentive in the coming days to be sure the way is clear when we pull onto a road. Statistics show that 40% of biking accidents occur when the motorcycle is going straight and another vehicle's operator fails to see them. The failure of a car or truck driver to see a motorcycle often ends in a serious accident. As a result, the other sound we hear too much of at Panama City Beach during Thunder Beach is the wail of ambulance sirens on the way to crashes. That sound probably means that someone is very seriously injured or has just been killed.

Bikers, you have to do your part, too. Our Florida law changed in 2000 to permit you to ride without a helmet, but since then bike fatalities have increased by 21%. Increase your safety by wearing a good helmet. Wearing reflective clothing, day or night, is also a must. Brightly colored helmets and reflective stickers on them are important to make you conspicuous to other drivers. Think about it. Your head is the highest point when you are on a bike. Bright and reflective colors focus other drivers' attention on your presence.

We want you to be safe, have fun, and come back again to our beaches, but if you are in an accident, call me or drop in for my free DVD that will answer many questions about your legal rights.