Panama City Florida Injury Lawyer Blog

From t-ball and PeeWee football to competitive high school teams, sports play a major role in the lives of many young people. Sports can be a terrific way for children to learn teamwork and discipline. Athletics are also a great way to combat the growing threat of childhood obesity. However, childhood sports can also lead to injuries ranging from bumps and bruises to compound fractures. As a Panama City sports injury law firm, we think it is especially important for both parents and coaches to be on the lookout for head injuries and the threat of concussions in youth sports.

Diagnosing Concussions: One Tool Being Used in Florida Youth Sports
In a recent report, WJHG addressed the difficulty of identifying concussions in young athletes. Diagnosing concussion is crucial, in part because of the danger of subsequent injury. Even a minor second impact to the head that occurs before a concussion has fully healed can lead to Sudden Impact Syndrome. In this syndrome, the brain herniates and half of the young athletes impacted die on the playing field.

Surprisingly, as Dr. Paul Hart told WJHG, it can be difficult for emergency room doctors to determine whether a child has a concussion. The doctors may order an MRI or CAT scan, but a concussion is not a structural problem so it will not show up on either type of image. Diagnosing a concussion accurately involves testing what the brain is able to do before and after a head injury. An emergency room doctor and the parent of a young athlete, Dr. Hart notes that ERs simply don't have the time to do more in-depth cognitive testing.

One tool that coaches and parents can use to help diagnose concussion is ImPACT 101, a form of neuro-cognitive testing. Ideally, athletes take the test in advance of an injury and again after an impact. It is a twenty minute test and, according to Dr. Eddie Zant of Concussion Specialists, Inc., it can identify brain injury or impairment. Nearly every school district in Northwest Florida has adopted the test to some extent in their athletic departments.

A Broader Look at Brain Injury and Young People
Despite the difficulty of diagnosing concussions in the ER, the Center for Disease Control reports that ERs see an estimated 173,285 cases of sports and recreation-related traumatic brain injury ("TBI"), a category that includes concussions, in children and adolescents (age 0-19) each year. Such injuries have increased by 60% in the last decade alone. In a study of high school athletes, TBI rates were highest in football and girls' soccer. For younger children, those under age 9, playground play and bicycling are also common sources of TBI. The CDC also provides numerous fact sheets (including a section on baseline testing programs like ImPACT) aimed at helping parents, coaches, teen athletes, and even medical professionals identify and respond to concussions in young people.

Youth sports have become increasingly competitive, even in the case of the youngest athletes. It is vital that coaches and programs work to identify the causes of concussions and TBI to help prevent them before they happen. These groups must also learn to identify concussions and refuse to allow young people to play (including both practices and competitions) if there is any chance of concussion. We should also educate young athletes themselves and be sure to emphasize that health and safety must come before even the biggest "Big Game."

If you believe the actions of an individual or the policies of an organization led your child to suffer serious injury, including a secondary head injury following a concussion, please call our Panama City child sports injury lawyer. Where appropriate, a civil suit can help you recover monetary damages vital to paying for medical bills and the other costs of a serious injury.

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Bay County Program Addresses School Sports Safety

Surviving Traumatic Brain Injury

(Photo by Robbie Grubbs)

People who are afraid of flying often take buses to their destinations, thinking they will be safer. I say to them, "Think again." Airline travel gets safer every year, but travel on interstate buses gets more dangerous. That's because the government hasn't established strong regulations, and when it has, it doesn't enforce them well.

The federal government's current budget problems doesn't give us much hope that bus safety will improve. Think how you would react to learn that a passenger airliner crashed, and it was found that its fuselage was poorly built, it had no fire extinguishers or seat belts and that maintenance hadn't been done in a very long time. Furthermore, its pilot's license was suspended, and the airline wasn't even licensed to carry passengers. Those things won't be found with airlines in the U.S., but a number of them are found with scary frequency in interstate bus travel.

Passenger safety in cars and planes has made great strides but, although the technology exists, it hasn't kept pace in buses. Until the federal government forces manufacturers to do better, safety technology won't be incorporated in buses. Consider some of the important things that are wrong before you go by bus. Buses rarely have seatbelts. Yet, they travel the interstate highways and get into wrecks at 70 mph. Other countries required them years ago. Weak roofs are more likely to give way in accidents, especially rollovers. Poor welding and insufficient pillars between windows have long been a concern, but no regulations require better performance.

Ejection through windows is a leading cause of death in bus accidents. Despite this, ejection-resistant glazing that strengthens windows has been used by only a few of the many bus companies. Compounding these deficiencies in bus design and construction, the weak safety regulations that do exist are enforced sporadically. Think twice about going somewhere by bus if your concern is for your safety.

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

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

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

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

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

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

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

Rainy Weather Raises the Importance of Flood Safety on the Road

(Photo by David Goehring)

Florida's Panhandle region is known for our beautiful white sand beaches, with twenty-seven miles of beach and ninety-six public beach easements in Bay County alone. Our coastal waters attract both residents and tourists, eager to enjoy nature's gift to the region. We encourage people to enjoy both the business and leisure possibilities of these waterfront areas. However, our Panama City beach injury lawyer has seen many lives tragically altered or even lost due to coastal accidents. We urge people to avoid beach injury by making safety a top priority and teaching their children to do the same.

Ignoring Warnings Raises Danger for Beachgoers
The county's flag warning system is a fundamental tool used by the Beach Patrol to keep beachgoers safe. However, according to a report in the News Herald, too many people ignore the warning flags. Despite the fact that the signal warns of danger and signifies that the water is closed to public use, the Beach Patrol still sees major spike in assistance calls during double red flag conditions (the highest warning level, putting aside. Both the Panama City Beach Police Department ("PCBPD")'s Surf Unit and Bay County Sheriff's Office ("BCSO") Beach Patrol monitor the city's beach areas. Overall, officials fielded 257 water calls in 2012, leading to 77 incident reports for the beach area (up from 120 calls and 33 reports in 2011). About 30% of the incident reports occurred in double red flag conditions. One especially frightening statistic - a full half of the drownings seen by officials happened on a single day. On July 21, responders rescued dozens of swimmers from Gulf waters amid high surf conditions and three people perished as a result of water-related emergencies.

Notably, there is only a small lifeguard program in Bay County, an effort still in its infancy that includes two guards at Russell-Fields City pier from April through September. While the PCBPD and BCSO units patrol the area, they lack the advantage life guards have of covering a very specific focal zone. Will Spivey, head of the beach's lifeguard program, notes that the Gulf waters are dynamic and he warns that it can be difficult to spot shifting currents. These factors combine to make the preventative efforts of all the safety groups even more important.

Understanding the Florida Beach Warning Flags
Beachgoers, including swimmers, surfers, boaters, and those using other personal watercraft, should familiarize themselves with the flag warning system. Per the News Herald, Florida's legislature adopted the statewide safety system in 2005. The five different flag symbols are:

• Green - Low hazard levels. Conditions are suitable for swimming.


• Yellow - Medium hazard levels, includes moderate surf and/or currents.


• Red (single) - High hazard levels, includes strong currents.


• Red (double) - Danger. Water is closed to the public.


• Purple - Indicates presence of dangerous marine life.

More information is available at the Tourist Development Council and on public easements as well as via fliers and posters in hotels and other rental units. Importantly, the flags focus on overall surf conditions and do not focus on rip currents

We hope that both residents and visitors enjoy all our shores have to offer. Safety may not always seem like a fun topic, but an accident can derail even the best of days. We hope people heed the flag system and other directions given by safety officials, ensuring that memories are of the beach and not the emergency room.

As always, if you have been injured due to the negligence or wrongful act of another person or an organization, call our Panama City injury lawyer. Our firm's personal injury and wrongful death practice includes beach-related issues, such as those stemming from negligence and product liability related matters.

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Personal Watercraft Accident in Northwest Florida Leaves Teen With Amputated Leg

(Photo by Daniel Lobo)

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

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

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

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


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


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


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


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


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

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

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Staying Safe in Wet Weather

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

In my personal injury cases I often hear the insurance company's lawyer argue that the rear end or frontal collision was at low speed and didn't cause much damage to the car, so my client couldn't have been injured. Is that correct? Not at all. Severe injury can occur even at low speed and when vehicle damage is minor. I've seen bad injuries happen from parking lot speed collisions.

Lawyers handling these cases have to understand anatomy and physics. Impact speed and change of velocity of a struck vehicle aren't good gauges of whether a person was hurt despite insurance company arguments to the contrary. Despite years of testing with dummies and with real people in crash tests, researchers have been unable to establish a threshold speed for injury. For example, some have spines that are weaker from prior injury or age. Also, angle of collision, how the person was positioned in the vehicle at the moment of impact, and countless other variables exist.

Research has established that injuries can occur at speeds of between 1 and 2.5 miles per hour. Why? How the vertebrae in a neck or low back move in relation to each other is far more important than speed of impact or damage to a car in determining damage to a person. Peak acceleration in one direction in the lower neck may occur at a hundred milliseconds into the collision, but in the upper neck it might occur at eighty milliseconds. That means that shear forces are generated, and that can spell big trouble for a person's spine.

Testing has indicated that in a rear impact, thirteen different forces are exerted at the base of the skull. Similar forces at every other part of the spine, as would be expected, indicate that a person hit from behind would be subjected to hundreds of forces applied in less than a half second. Now, you know why low speed impacts can be very damaging. Be careful on the road.

One lesson we've learned in our work with Panama City accident victims is that it is human nature to look for an explanation, to search for a cause. We all want to know the "why," both so we prevent future accidents and so we can assign blame. Luckily, the law recognizes the essential truth that there is rarely just one answer and most accidents have more than one cause. You can bring a Panama City personal injury claim against a negligent driver, even if other factors came into play in your collision. However, we know all of our clients would have preferred to avoid the accident from the outset. In that spirit, we believe in educating our clients and other visitors to our website on roadway safety, including rainy weather driving tips.

Surprising Statistics on the Impact of Rain and Wet Roads on Accident Risk
Weather is one of the most common contributing factors in auto accidents. While many of our friends to the north have been dealing with snow and ice in recent months, even rainy, wet weather can pose very real dangers for motorists. According to the Federal Highway Administration's Road Weather Management Program, of the more than 6,301,000 vehicle crashes that occur annually, 24% (approximately 1,511,000 crashes) are weather-related. The term "weather-related" encompasses crashes occur during adverse weather or on slick pavement. Of these weather-related crashes, 75% involve wet pavement (vs. snowy, slushy, icy, or otherwise weather-compromised road surface) and 47% occur during rainfall. This adds up to 1,128,000 wet-pavement crashes that injure 507,900 and kill 5,500 and 707,000 crashes during rainfall that injure 330,200 and contribute to 3,300 deaths.

Preventing and Responding to Two Common Wet Weather Threats
Skidding and hydroplaning are two rainy weather dangers that are not only scary but can also contribute to injury-causing or even fatal car accidents. In one of several safer driving fact sheets, The Weather Channel advises that drivers can prevent skids by moving slowly and with care, especially on curves. Braking hard increases the skid risk so a lighter touch and the use of mild braking pressure is crucial. If you start to kid, ease off the accelerator and carefully steer, aiming for the direction you want the front of the car to travel (considered now to be an easier tip to follow than the advice to "steer into the skid"), even if that requires turning the wheel again before the skid ends. If you have an anti-lock braking system ("ABS"), brake firmly, but avoid braking if you do not have an ABS system.

Hydroplaning occurs when the water in front or your tires builds faster than your car is able to push water away. This causes the vehicle to rise and slide on a film. Tire maintenance, including adequate tread and properly inflated tires, is key to preventing hydroplaning. In wet weather, driving slowly and avoiding puddles is beneficial. Driving in the tire tracks of the car in front of you can also help. If you start to hydroplane, avoid braking or sudden turns which can spark a further skid. Ease off the accelerator and allow the vehicle to slow until you are able to feel the road surface again. If braking is necessary, drivers without ABS should lightly pump the brakes. Drivers with ABS can brake normally and the car will automatically pump the brakes.

Representing Victims of Panama City Negligent Driving in Any Weather
Inclement weather raises the risk of roadway accidents. Bad weather is not, however, an excuse for negligent driving. If you were injured or lost a loved one due to another driver's failure to exercise due caution given the road and weather conditions, you may be entitled to damages in civil court. Our Panama City accident lawyer works with experts to determine the root causes of an auto accident. If negligence contributed to the accident and your injuries (or a loved one's wrongful death), our team can prove it and Attorney Pittman can help you get the compensation you deserve.

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Single-Vehicle Accident a Reminder of the Threat of Dangerous Roads

Thirty to thirty-five million used tires are sold in the U.S. every year. In a tight economy, it's understandable why so many are bought, but what price is paid in human injuries when these tires fail at high speed? Buyers can't see the hidden defects caused by poor maintenance, bad storage conditions, old repairs, and microscopic cracks. An old phrase comes to mind, "There ought to be a law...." It should end with the words, "that prohibit their sale."

No federal regulations exist to control the quality of used tires that are sold. Only state laws regulate tread depth, and that depth alone fails to cure the problems that a high percentage of these tires have. Remember, these are tires that someone previously discarded. Typically, tire dealers pay recyclers a couple bucks to pick up and dispose of the used tires. The recyclers sometimes employ deceptive methods to sell the tires. For instance, they may paint the tires to make them look newer.

The Rubber Manufacturer's Association has issued a bulletin warning consumers and retailers to avoid used tires. It lists seventeen conditions what would make a tire unfit for further service including punctures, bead and inner liner damage, and internal separations that cannot be seen even by tire experts. Since a consumer cannot know the history of a used tire, one who buys it is looking for big trouble. Does the tire have a history of being driven against curbs? That can damage its bead and inner liner and cause internal separation of plies. Was it driven on a highway filled with potholes? The same damage could have occurred. How was it stored? Was it in a hot warehouse stacked on a shelf exposed to sunlight that could have weakened it through deterioration? Unless one has these answers and more about the history of a tire, it shouldn't be bought. I'll return to my phrase, "There ought to be a law that prohibits its sale."

Guns are controversial. As we've talked about in this blog, there is much debate over the status of the Second Amendment right to bear arm. Regardless of your stance of gun ownership, it is likely we can all agree that guns must be handled with great care. Accidental shootings are all too common, especially since these tragedies are preventable. Our Panama City injury law firm has the knowledge and experience that is crucial to helping people injured in accidental shootings and the families of people who perished as a result of gun accidents in Florida's Panhandle region.

Accidental Shooting in Panama City Beach Claims Life of Twenty-Four Year Old Man
WJHG is covering the Bay County Sheriff's office continued investigation into the death of a local man from a gunshot. Last Wednesday, officers received a call from Blaine Kendall who told a 911 operator that he had accidentally shot his roommate. Police arrived at the Cypress Street home in Panama City Beach and found twenty-four year old Thomas Reid Crawford dead. Initially, Kendall said Crawford tripped on a loaded shotgun but, when evidence did not support this statement, he changed his explanation. Later, Kendall admitted that he had picked up the gun and inadvertently pulled the trigger while holding the weapon. Major Tommy Ford from the Bay County Sheriff's Office said, while the investigation is ongoing, they do believe the shooting was an accident. He did add that they have filed charges against Kendall for providing false information.

Accidental Shootings and Florida Personal Injury Law
Accidental shootings can occur in a range of settings including private homes, stores, shooting ranges, or even outdoors. Some of the more common incidents leading to an accidental shooting include: Cleaning a gun without checking to see if it is loaded or if the safety is on; Accidentally pulling the trigger when handing the gun to another individual; Firing a weapon into the sky; "Playing" around with a gun, including mimicking firing the gun; or Handling a gun while intoxicated. Other types of recreational items, such as airsoft guns or paintball guns, can also cause serious injury and give rise to a civil claim.

In order to bring a successful civil claim for an accidental shooting, a victim must point to some form of negligence. The negligence can be on the behalf of the shooter, gun owner, gun manufacturer, or a property owner. As a general matter, gun owners are responsible for preventing the gun from falling into the hands of another, including an adult or a child, and failing to properly store a gun can give rise to a claim. Defective firearms are more common that one would hope and they can give rise to product defect claims. Victims can bring an injury claim themselves and Florida law grants specified family members (usually the most immediate relative/s) the right to bring a wrongful death claim if the victim dies as a result of the injuries.

Another important note: In some cases, an accidental shooting may be covered by a homeowner's insurance policy. Of course, as anyone who has ever filed an insurance claim can attest, the fact that insurance may apply does not mean the process will be easy. Hiring a lawyer is still often necessary to receive the full compensation a victim is due.

Guns are controversial, but our Panama City accidental shooting law firm believes that representing people injured in gun accidents doesn't need to be. Call for a free consultation with Attorney Wes Pittman -- a Panama City personal injury lawyer with the experience and knowledge necessary to helping victims recover.

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Panama City Injury Lawyer on Firearm Safety After Two Injured in Accidental Shooting

(Photo by Rob Bixby)

It is human nature to look back and wonder what we could have done differently. We see this tendency every day in our role as a Panama City car accident law firm. Even when it is clear that another driver caused the accident, injured victims consider their own actions and wonder if leaving a few minutes earlier or deciding to take a different route would have prevented the crash. The truth is we can never know what might have resulted from a different choice; we only have the present. There are, however, a few choices that we know make a big difference and can help keep people safe. Seatbelt use is one such choice. No one ever regrets wearing a seatbelt, but we see many injured victims who regret not wearing one and many grieving families who wish they'd reminded a loved one to buckle up.

Okaloosa County Accident Leaves One Dead, One Seriously Injured
Northwest Florida Daily News reported on a serious accident that brought 2012 to a tragic end for two individuals and their families. Lesie Hornback, a 48 year old Santa Rosa Beach resident, was driving east on U.S. 98 in Okaloosa County during the early hours of December 30. He was in the area east of Pier Road when his Ford SUV veered off the roadway onto the gravel shoulder. Hornback over-corrected while trying to steer back onto the road, causing the vehicle to spin out and overturn. Both Hornback and his unidentified female passenger were thrown from the SUV. Emergency responders transported the passenger to Fort Walton Beach Medical Center where she was pronounced dead. Hornback suffered serious injuries and was flown to Sacred Heart Hospital. He lost a limb in the accident. Police said that the accident did not involve alcohol and that charges are pending further investigation. Reports also indicate that neither occupant of the SUV was wearing a seatbelt.

Seatbelt Use: Safety and Injury Law Considerations
Citing research by the National Highway Traffic Safety, the National Safety Council states that "[s]eatbelts are the single most effective traffic safety device for preventing death and injury." The statistics are compelling, indicating that seatbelt use reduces the risk of injury in a crash by 50 percent. Seatbelt use prevented 75,000 deaths between 2004 and 2008. Safety campaigns helped raise average usage rates nationwide from 69% in 1998 to 88% in 2009. However, there's a lot of room to improve. Studies suggest raising the usage rate to 90% nationwide would save 1,600 lives and prevent 22,000 injuries in a single year

While Sunday's crash involved a single car, we often speak to victims of multi-car accidents about seatbelt issues. The fact that someone did not wear a seatbelt does not, in any way, make it okay for another driver to carelessly or negligently cause an accident. The law understands that victims are imperfect. Courts do take the victim's behavior into account, especially in deciding the amount of a damages award. However, imperfect victims can still recover in civil court. If someone else's negligence caused an accident, even if you have regrets about your own choices, call our Panama City injury law firm to discuss your legal rights.

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Speeding: All Too Common, All Too Dangerous

(Photo by Benjamin Goodger)

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

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

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

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


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


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


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


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


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

Representing Injured Children in Panama City

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

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Playing with Safety at Christmas

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

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

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

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

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

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

Dispute Leaves Two Wounded After Accidental Gun Discharge

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

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

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

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

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

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When people learn that any of our team members work with Panama City car accident victims, they often share their thoughts about safe driving. It isn't uncommon to hear people complain about the tendencies of teen drivers and question whether or not graduated licensing is the answer. Teen drivers are certainly a concern, they have limited experience behind the wheel and they have a reputation, although it certainly does not apply to each individual teen, for being careless and easily distracted by friends, music, or social media. However, our Panama City accident attorney understands that teens are not the only group that is involved in a disproportionate number of accidents. Although it is a harder conversation to have, older drivers are also a concern.

Recent Accidents Involving Older Drivers Claim Lives in Panama City
Discussing the issue of older drivers in Panama City, the News Herald reported on two recent automobile crashes involving senior drivers that claimed lives in our region. According to the Florida Highway Patrol, eighty-seven year old Hazel Dill was driving southbound in the northbound lane of U.S. 231 on Saturday November 3. Dill's wrong-way car ran into a vehicle driven by Kayla Ingerman, age twenty-three. Both died in the head-on collision. In October, another accident claimed the life of seventy year old Kenneth Reid Yates of Panama City when his car collided with two parked vehicles before crashing into the Landmark construction office located at 13220 Back Beach Road.

Studies Show Increased Danger of Accidents Involving Senior Drivers
As the News Herald piece noted, authorities have increasingly expressed concern about the safety of senior citizen drivers. Research by the National Highway and Traffic Safety Administration ("NHTSA") confirms that age-related functional declines can impact driver performance and lead to an increased risk of crashes among older drivers. The study found that crash and fatality statistics held average for drivers age sixty-nine and under but that drivers age seventy and above were overrepresented in both arenas. Looking at specific figures, the Insurance Institute for Highway Safety reported that 3,115 teenagers died in motor vehicle accidents in 2010. That same year, automobile accidents claimed the lives of 4,139 people aged seventy and older.

Bob Gitchell is an instructor for a local AARP Driver Safety Program Class. He pointed to three primary functions that must function properly in order to ensure any driver is safe behind the wheel: Vision; Hearing; and Flexibility. All of these functions tend to diminish with age, leading to added concerns about the safety of older drivers. However, Gitchell emphasizes that age isn't the sole safety factor, noting he's worked with some terrible drivers in their 50s and 60s as well as good drivers in their 90s.

Keeping Loved Ones Safe and Protecting the Rights of Accident Victims
Often, keeping senior drivers safe requires a family effort. In many cases, adult children find they need to speak to a parent about relinquishing a driver's license. This can be a difficult conversation since it means admitting that time has dulled some skills, something that can be hard for the individual to realize on his or her own. Handing in a license can also feel like giving up a piece of independence. However, admitting one's own limitations or confronting a loved one about changes you've witnessed can keep both the individual and others on the road safe. For those who feel they can still drive safely but who could use a refresher, classes like that taught by Gitchell can help keep drivers safe.

If you have been hurt in a car accident, please call our Panama City injury attorney. It can feel a bit harder to bring suit against an elderly driver, but the age of the defendant shouldn't keep a victim from seeking the full and fair compensation allowed by Florida law.

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A Seat Belt Reminder Following a Fatal Single-Car Accident in North Florida

When people think about vehicle-related accidents, car crashes are usually the first thing that comes to mind. If pressed further, people may consider motorcycle or bicycle accidents. Next might be the mass-transit world of buses, trains, and even planes. It might not make even the most thought out lists, but our Panama City accident lawyer knows that golf cart accidents are a reality. Over the years, carts have gotten more powerful but operators tend to take piloting the vehicles much less seriously than they'd ever take driving a car. This dangerous combination can lead to accidents resulting in injury or even death.

Woman Dies in Shalimar Golf Cart Accident
On Friday morning, Lois Corbin of Fort Walton Beach set out to play a round of golf at Shalimar Pointe Golf and Country Club. According to her son, who spoke to the Northwest Florida Daily News, the eighty-six year-old was an avid golfer who had played the sport for forty-five years and enjoyed golfing several times per week. Corbin was driving a golf cart near the first hole when she attempted to navigate around a roped-off area. She steered too close to a sand trap and the vehicle, a 2009 EZ GO cart, overturned. The fall partially ejected Coburn from the vehicle before the cart's roof landed on top of her. An ambulance transported the victim to Fort Walton Beach Medical Center where medical officials later pronounced her dead. Aside from golfing, Coburn enjoyed painting, working with the Girl Scouts, and raising her family of four children, eleven grandchildren, and four great-grandchildren.

Golf Cart Injuries: Safety and Statistics
In 2008, the American Journal of Preventative Medicine published what many believe is the first nationwide study of golf cart related injuries (note: the full-text can be accessed with registration on the Journal's website, a discussion of the study that informs this article is available on Newswise ). The Center for Injury Research and Policy, a part of The Research Institute at Nationwide Children's Hospital conducted the study, examining a seventeen year period. According to the investigation, the number of golf cart related injuries soared 132% between 1990 and 2006. In total, an estimated 148,000 golf-cart related injuries occurred in the seventeen year period. The number of injuries rose over time, with approximately 5,770 reported cases in 1990 growing to an estimated 13,411 cases in 2006.

What accounts for the change and what sort of injuries result from golf cart incidents? Over time, golf carts have been built to be faster and more powerful. They are also used in more contexts, showing up at sporting events, parks, college campuses, business parks, hospitals, and military bases. There are even small communities and resort areas where carts are used as primary transport instead of cars. The study concluded that most golf cart injuries, over seventy percent, occurred at sporting or recreational facilities. However, people injured in a cart-related accident that occurred on a street were more likely to require hospitalization and had an increased risk of concussions. Overall, the highest number of injuries stemmed from falling off or jumping from the cart. Children under age sixteen accounted for over thirty percent of the reported injuries, with children more likely to fall and suffer a head or neck injury requiring hospitalization.

The study did offer advice for reducing the number of golf cart related injuries. They recommended not allowing children under six to ride in the carts because they lack child safety features. Drivers should be at least sixteen years old to ensure safe operation of the vehicle. Study authors recommended behavioral safety measures like maintaining a reasonable speed, using seat belts, and braking with care. In terms of equipment changes, the authors recommended improved passenger restraints and the use of four-wheel brakes. Facilities can also help by having training/safety programs and requiring that operators have valid driver's licenses. Safe design principles should also be used when designing pathways where carts will be travelling frequently.

Northwest Florida Injury Lawyer
Whether you are injured in a car or a golf cart, you have rights. A golf cart accident may be due to poorly maintained pathways, faulty equipment, or the negligence of another operator. If you suffered injury in a golf cart accident that was not your fault, please call our Panama City injury law firm. We are here to help.

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