Panama City Florida Injury Lawyer Blog

Holiday travel is usually stressful because of inclement weather, delays, and crowded airports. It's far worse if you are bumped from a flight or if your baggage is lost. The law doesn't solve all the problems, but if you know the law, you can use it to minimize them. On the other hand, knowing the law's limitations can also help you to avoid grief from airline and TSA personnel.

Let's first consider flight cancellations and delays. It's sad that there are no federal regulations requiring compensation for cancelled or even severely delayed flights. Since that's the case, you might as well avoid confrontations with airline personnel about those types of travel difficulties. There is a ray of hope, though. Some airlines have created their own Passenger Bill of Rights under which they will compensate passengers for delays. However, if you are bumped from a flight, it's another story, because the law offers protection. Bumping is a possibility even if you have a reservation. Airlines over book to protect themselves from passengers not showing after making reservations. However, if you are bumped due to over booking, DOT's Passenger Bill of Rights requires that you be compensated.

Lost and damaged baggage are huge problems with some airlines and airports. An airline will almost always be responsible for lost or damaged baggage, but there are monetary limitations to their liability expressed in the small print of the contract of carriage. If you had to pay a baggage fee, federal law also requires that the baggage fee be refunded if your baggage is permanently lost.

Let's go back to delayed flights for a moment. If a plane has boarded and taxis away from a gate but, then, has a delay of more than 3 hours on the tarmac, you must be allowed to deplane, and you must while on the plane be provided with food, water, and medical and lavatory access. I wish you safe and happy travels.

The following is a guest post from Rick Console, a New Jersey personal injury attorney from Console and Hollawell, PC.

A recent study reported that in 2010, there were 34 deadly dog attacks in the United States; many of the victims were young boys between 5 and 9-years-old. Dog bites can be avoided if the proper precautions are taken when around an unfamiliar or violent dog.

Basic Rules
• Never approach a dog you do not know.
• If the dog is restrained, fenced in, or if there is a "Beware of Dog" sign that should serve as an added warning to keep your distance.
• Do not attempt to touch a dog before it sees and sniffs you. You do not want to do anything that could be perceived as a threat by the dog. This also means that you should not wake a dog, interrupt it's meal, or approach a nursing dog.
These are all good rules to follow to avoid a violent situation; however, they are not one hundred percent effective. If you still find yourself in danger of being attacked by a dog then there are several steps you need to take.

When Faced with a Violent Dog
• Stay calm! The situation will not improve if you panic because you are more apt to make rash decisions without thinking.
• Stay still. If a dog approaches you in a threatening or violent manner try to remain still. The dog may lose interest and walk away. It is also very important that you don't run away because the dog's natural instinct will be to chase you.
• If the dog goes to bite you, try to feed it something else. Take any loose article you have be it a purse, jacket, umbrella, etc. and try to get the dog to latch on that instead. You may lose your purse, but it's better than losing a limb.
• If the dog knocks you to the ground or if you fall, curl up into the fetal position with your hands over your ears and remain still. This is the best position to make injuries less severe.
After the attack it is important to first seek medical attention. If you can you should also call the police so that a report can be filed. Once your injuries are tended to you should take photos of all the wounds sustained during the attack. You should give as much information as possible to the police after the attack. Be sure to describe the dog as much as you can (how big, what breed, was it wearing tags, etc). If you know the owner of the dog, ask to see the animal's rabies certificate, and find out if the dog has been violent before. You may also want to contact your local animal control to report the attack.

New Jersey Law
In New Jersey, owners are liable for any injuries sustained from their dog. This is the case even if the dog has not been violent in the past. To learn more about the dog bite law speak with a personal injury lawyer in NJ. Most homeowner's insurance provides coverage for dog bites, but you should consult with a injury lawyer to be sure you receive full, deserved compensation.

Continue reading "What To Do When Faced With a Violent Dog" »

My years of practicing personal injury law have taught me some things about big trucks. One is that most drivers are afraid to be close to them. It's always good to be cautious, but if one is driving near a big rig driven by a highly trained professional driver, he's probably safer than when near SUV's and pick-ups driven by average drivers. Rarely will the good drivers exceed a speed limit. To the contrary, they'll slow down at the first sign of risk like a drizzle or road construction.

Safety mechanisms that everyone can apply to their driving habits can be learned by watching them. They keep their lights on during the day to make themselves more visible to other drivers. They drive far ahead of their rigs. By that, I mean they aren't just watching one or two cars ahead. They're looking down the road a tenth to a quarter of a mile to anticipate hazards developing, a car pulling out, a vehicle stopped on the side of the road, debris that might have to be avoided, or merging traffic.

On a divided highway, you'll see them driving in the right hand lane unless passing. And they will signal a lane change and move to the left to give merging traffic an opportunity to safely enter the highway and to give ample space to vehicles on the shoulder. The good drivers stop at rest areas to nap or to stretch. They check windshield wiper blades at frequent intervals, and they always have windshield washer solution in the reservoir to keep clean windshields for safe visibility. These are principles that all of us can apply to improve our driving safety and thereby avoid accidental injuries.

There are of course bad eighteen wheeler drivers just like there are bad drivers in every other kind of transportation. Some companies hire poorly trained drivers or drivers with terrible safety records. They keep hurting people. I sue those when they injure my clients, but I applaud and learn from the good truckers every time I drive. We must recognize the difference between them.

All drivers will experience these scenarios: (1) a kid chasing a ball darts from between parked cars directly into the car's path, (2) a bike rider wobbles in front of a passing car; or (3) at night, a drunk pedestrian tries to cross the road in a vehicle's path. A collision occurs between the driver and the darting kid, the bike rider, or the drunk pedestrian. Various prices will be paid for the collision. The injured person pays with life or limb. And a legal price may be paid by the driver's insurance company in some circumstances. Let's examine them.

The specific facts of a case determine which laws apply. In the darting child case, the child chasing the ball into a street is obligated to stop and watch for traffic if he's old enough to exercise such judgment. Under the law, that's at about age 6. While an older child can be partially at fault for his injury, so can the driver if he or she was inattentive, speeding, or should have known that the event could be in the making.

Foreseeability is an important concept in negligence law. If the driver saw kids playing ball near the street, the argument is that he should have thought that a kid, concealed by the parked cars, might come out to get an errant ball. Since this scenario is reasonably foreseeable, the driver must slow down to whatever speed is necessary to avoid injury. If he doesn't, and the child is hurt, the driver's insurance company will pay the price. But if children weren't playing near the street and the injury occurred in a non-residential area, the driver has a good defense to a negligence claim. The injury was not foreseeable, so the driver has an excuse under the law. You see the arguments that can be made by both sides. They are equally applicable in the examples I gave about the bike rider and the drunk pedestrian. Foreseeability of injury is the key to success or failure of these cases.

If you've been injured in any kind of accident, call me for a free DVD that will answer frequently asked questions about your rights.

More people are resorting to walking than driving these days due to the increasing cost of gas. They are walking on roadways that were not designed for the increased foot traffic resulting in more injuries and fatalities. Some groups of individuals do not have the income to afford a car and adequate insurance forcing them to either walk or use any available public transportation. This means walking to and from the designated stop locations.

In Panama City and many surrounding areas, many roads are in rural settings. The roads may be only 2 lanes with no room for pedestrians to walk along the side of the roadway. In more populated settings, the road still may not provide adequate space to safely walk alongside a highly traveled roadway.

Many injuries and deaths could be avoided by improving the design of the roads. In fact, 12-percent of the roadway fatalities are the result of pedestrian deaths. Florida State ranks the worst when it comes to pedestrian safety listing 4 major cities on the Pedestrian Danger Index (PDI) for 2011.

What can you do to help improve the safety of our roads? As a driver, be more alert! Watch for pedestrians exiting from the trolley's or other methods of public transportation. This is one of the most dangerous situations. They don't stop at intersections often resulting in people darting across the road. Be prepared to stop!

As a pedestrian, follow the rules! Florida pedestrian laws are clear and are mainly common sense. Wearing bright colors, crossing at a crosswalk and walking either on a sidewalk or as far off the roadway as practical are among many rules that are meant to keep us safe. Don't take chances and cross while traffic is coming assuming they will stop for you.

As a citizen, write to your congressman or representative and voice your concern for the safety of our roadways. Budgets of every state are under pressure. If enough citizens voice their concern, it may help to identify their priority.

The morning hussle and bussle will increase come Monday morning as students resume classes for the 2011/2012 school year in Bay and Washington counties. Teachers have been preparing their classrooms this week for a year full of excitement and learning. Many students may still be in the summer-time mode and may not be paying attention as they wait on the corners for their bus to arrive, ride their bycycles, drive their cars or walk to their school. Make sure you allow a little extra time for your commute. Stay alert of the added traffic on our roadways.

Texting while driving is never a good thing as your attention is taken away from the road reducing your reaction time by 18%. This is enough time to pass a red light or stop sign. It could also affect your response in the event a student steps into your path on the road.

Pay attention to the reduced speed limits in the school zones. These tickets come with a hefty fine as well as moving violation points on your drivers license usually followed by increased insurance premiums.

Keeping our students safe only takes a few extra minutes of your time. Avoid tailgating, speeding and distractions that take your eyes off the road. Be prepared to stop at all times. Practice being a courteous driver and signal when you are changing lanes. Avoid road-rage and allow those not-so-courteous drivers to merge into the lane even though they should've merged a half-mile back.

Be safe and have a good school year.

Recently, I asked, "When's the last time you reviewed the Florida Drivers' Handbook?" That's the little book you can get at the Department of Motor Vehicles drivers' license offices. It's filled with good information about driving safety tips. Go in to get a free booklet, learn some of the surprising things you, like everyone else, has forgotten and, then, return it to the office.

Let's go through some of what's discussed in it. I'll add a few things I've learned in thirty years of helping injured people in accident cases. About seat belts, I've heard every excuse for not wearing one. Fear of fire, fear of drowning if trapped in a car that goes into a drainage ditch. Come on. People are five times as likely to be killed if they're not wearing a seatbelt than if they are.

The front seat driver and passengers are required by law to wear them. How you wear a belt matters a lot. Don't tuck the shoulder portion behind the back. That allows jack knifing across the belt into a steering wheel or the dashboard with the head. Put the belt below the iliac crests. Those are the hip bones. That will keep the belt from digging into your abdomen and causing paralysis by compression of your spinal cord. Wear the belt snugly. If you're in a wreck, there's a moment before the belt locking devices will work, and the belt itself will give slightly. Both allow for more forward movement of the body toward the windshield, dash, or other hard objects in the car. By wearing the belt snugly, this forward motion is reduced.

On another note, leaving children unattended in a vehicle violates the law and can be very dangerous. One study found that with the windows up and the outside temperature at 94 degrees, sunlight caused the inside to be at one hundred twenty-two degrees in thirty minutes and one hundred thirty-two degrees at one hour. Those temperatures can be severely damaging or fatal for children. Animals left in vehicles can suffer the same fate in a short time. Follow the law, and use common sense.

You study a state's drivers' handbook to take the driver's license test, but consider using it one other way. That is, as a source of information to periodically remind you of the driving laws and highway safety. I'll concentrate on Florida's laws today.

First, who is required to have a Florida license? If you are a Florida resident or have moved to Florida and have a license from another state, you must get a Florida license within thirty days of becoming a resident. The definition of "resident" can be trickier than it sounds. You're a resident if you enroll your children in public school, register to vote, file for a homestead exemption, accept employment, or live here for more than six consecutive months. Major exceptions are members of the armed forces and their families (although there are exceptions to that) and non-residents who attend school in Florida.

Those laws are pretty mundane, so let's consider some laws and ideas that can help you avoid a wreck, an expensive traffic ticket, or jail. One thing that comes to mind immediately involves passing. Passing on the right on a two-lane road, typically signifying that you're passing on the shoulder, is illegal. Why? Presumably the car you're passing has slowed or stopped to turn left. If that driver decides to cancel that left turn and proceeds straight ahead or turns right, you're going to hit that car or get hit. Instead of passing on the right, have patience. Stop if necessary.

Our Florida driver's manual has important sections dealing with vehicle control. It may be comfortable to steer with one hand or a wrist thrown over the steering wheel, but if you hit a pot hole or have to swerve, control can be lost. Once an emergency arises, it usually takes too long to get the hands in position to regain control. The manual also reminds us that all kids five and younger must wear an approved restraint while riding in a vehicle. The number one killer of young children in the United States is wrecks in which children were completely unrestrained. Be safe. I'll discuss more safety laws soon.

Luck was certainly on the side of a Navarre family who escaped serious injury in a boating accident earlier this week. Returning in the late hours of the night from a day of fishing, they struck a sand bar resulting in their 23-foot boat to run aground and overturn. Miraculously, none of the 4 passengers were injured. A minor child was taken to Sacred Heart hospital with minor injuries.

We are in the height of the boating season here in Florida. The hot weather has made it even more enticing for boaters to get out and cool off but let's not forget basic boating safety rules. Be sure you are well aware of the waters you will be boating in. There are several online resources to help plan your day of boating. It will provide alerts for various points of the waterways to changes that may have been published in prior maps.

NOAA also publishes a Nautical chart on-line viewer for various waterways that you can download the review if you and your family are planning a day out on the water. Taking time to review the charts to become familiar with the waterway can help keep your trip accident free. Boating during the day is much different than boating at night. Approaching object can easily seen and evasive action can be taken whereas night trips make this much more difficult. Front spot lights and slower speeds should be practiced, particularly in waterways in which you may not be familiar.

August 1st marks the anniversary of the first coast to coast trip made in an automobile. As you can imagine, driving an automobile that distance was difficult and a daring achievement. H. Nelson Jackson, a physician and businessman from Burlington, Vermont joined by Sewall K. Crocker, a mechanic, drove from San Francisco to New York. It took them 63 days and there were many challenges. The trip is detailed in 'Crossing the Country'. It is an interesting piece of history.

Making this 2,500 mile trip today would take roughly 40 hours or about 4 days. You would certainly not encounter the road conditions they experienced back in 1903. Automobile safety and mechanics have changed significantly as well. Today's cars are equipped with anti-lock brakes, seatbelts, a windshield and wipers just to name a few improvements that didn't exist then. Government and consumer groups perform many safety tests and rate cars for their crash and rollover safety. It's important for you to do your research before buying a car your family will be driving or will be a passenger in. One good source is the Insurance Institute for Highway Safety.

Defects and Recalls are documented and published. However, the reports often don't reach the car owners that need this information. Websites such as www.safercar.gov provide resources to identify specific recalls as well as tips of being a safe driver. You owe it to yourself and your family to be informed. They are relying on you to keep them safe.

The growing use of online technology, including social media, has made our lives easier but at a cost. The more information we put online, the greater the risk that it will be misused. A good example is a recent study by the Wall Street Journal which found that popular web sites, including Comcast.com, Microsoft's MSN, and Dictionary.com, have installed tracking tools that gather personal information about visitors to their sites. The information gathered includes details about each user's age, sex, race, income, marital status, recent purchases, and favorite movies. The question, then, is this. How can we enjoy technology's benefits while safeguarding our privacy?

Fortunately, some organizations exist that view themselves as watchdogs for privacy rights. One is the Electronic Privacy Information Center (EPIC), based in Washington, D.C. By combining technical expertise and legal know-how, EPIC has used Freedom of Information Requests, Federal Trade Commission complaints, and litigation to get the government and companies to disclose what data they are collecting about Internet users and what they are doing with it. That's important, because if they share that information, our personal information, with others, we need to know about it, and if they don't properly safeguard it, we need to know about that. For example, the body scanners in airports can store and transmit data about you, so you want that data to remain there and to be secure from hacking.

Another protection may be offered by a bill being considered by Congress. It is informally known as the Boucher Bill. It would require notice to, and the consent of, a person before collection and disclosure of personal information could take place. The questions will always remain about how technology is being used and whether it is being used to help or hurt us. As attorneys, we have to look at whether the technology violates privacy rights. In other words, we watch the watchers.

During a recent visit to the Florida Department of Motor Vehicle, I noticed several teenagers waiting to take their driving test. The four students I saw during my hour and a half visit all passed and received their driver's license. What really stuck out was how young they appeared. They obviously were of age, but two of the females were quite tiny in size. I wondered if they were tall enough to see over the steering wheel.

The leading cause of teen deaths in the United States is car crashes. Five thousand teens between the ages of 16 -20 will die annually due to car accidents. Another 400,000 drivers in the same age bracket will suffer serious injuries. The risk of teen drivers getting into a car accident are about 4 times more likely to crash for each mile driven than other drivers. Of the $26 billion dollar cost of car accidents in the U.S., drivers under the age of 24 account for 30% of that cost. It seems obvious that the two main factors contributing to these statistics are immaturity and lack of experience. Night driving and other teen passengers also contribute to the risk of accidents. So what do you do as a parent to keep your young drivers safe?

School budgets are being cut along with every other business, which usually affects the elective classes. Driver's Education for teens has been cut from elective courses in some schools but if your young drivers school offers it, sign them up. Instruction coming from someone other than a parent if often absorbed with less resistance.

Review safety tips and set rules for using the family car or their own car, if they're lucky enough to have one.
-Driver and all passengers should always wear their seat belt - no exceptions.
-Take the time to adjust the headrest to the height behind your head, not your neck, to minimize whiplash if you're in an accident.
-Adhere to the front passenger air bag warning and do not put small children in the front.
-Do not allow more passengers in the car than you have seat belts.

For more safety tips visit the motor vehicle website that will benefit your teen driver.

It is found that friends are less likely to tell a driver if they feel uncomfortable as a result of their driving skill or habits for fear that they will be ridiculed. A PSA was developed a few years ago to encourage teens to 'Speak Up'.

Several videos have also been published to reach out to teens.

Speak to your kids about driving with others. Agree that they can call you if they feel uncomfortable in someone else's car and need you to pick them up. It could be the driver's habits, lack of experience or consuming alcohol while driving that causes them to become uncomfortable. Knowing they can make that call without backlash could save their life.

Summer officially starts on June 21st, however, the high temperatures we've reached in Panama City tell us summer is already here. Temperatures are reaching the upper 90's with the heat index of 100+. You need to take precautions to make sure you and your family stay cool to avoid heat stroke or other heat related illnesses.

About 400 people die annually from heat stroke. Heat stroke is not necessarily caused by over-exertion, although if not properly hydrated, you can become ill. Heat stroke is caused when your body is unable to regulate its temperature. This could easily occur while sitting in your non-airconditioned living room. Heat-related illnesses can affect people differently. Certain medical conditions as well as medications can contribute to a higher risk of illness. Those with chronic health conditions, such as cardiovasular diseases, diabetes, as well as the elderly, may find their tolerance to heat is much lower.

To avoid heat stroke, take precaution to keep your body temperature regulated. Your body will cool itself, however in extreme heat such as what we are currently experiencing, it may need a little help.

• Avoid going outdoors at the hottest time of the day, if possible. If you have yard work or other chores, plan to do them first thing in the morning or after 4pm when the sun is not directly on you.


• Drink plenty of water and avoid carbonated beverages and alcohol. Gatorades or other mineral replenishing beverages are good.


• Increase your intake of foods rich in potassium, which is said to reduce your risk of strokes and help to reduce your blood pressure.

Signs of heat stroke include dizziness or fainting, heavy sweating, muscle cramps, cold or clammy skin, headaches, rapid heartbeat and nausea. If you experience these symptoms, you should immediately take steps to reduce you body temperature. Drink cool fluids and a cool, not cold, shower will help reduce your body temperature without the shock of cold water. A cool rag on your head and neck will also help. If these methods do not help, seek medical treatment immediately.

Also, if you have elderly family members or neighbors, be sure to check on them throughout the summer season since they are a high risk to heat-related illnesses. Stay cool and enjoy the summer.

Summer vacations and accidents go hand in hand. My thirty years of experience representing people who have been injured in accidents has imprinted in my mind ways that most accidents can be avoided. Most injuries and deaths can be avoided if people are aware of the driving behavior that repeatedly maims and kills. On the mild side, I'm talking about tailgating that has resulted in an epidemic of rear end collisions. At its worst, it is drunk driving, steering down the wrong side of a road, and exceeding the speed limit by a large margin.

Speed kills. In the hundred miles from Panama City to Tallahassee or Pensacola, you save only 6 minutes by going 70 instead of 65 mph. And every 5 miles an hour over the speed limit increases the energy of a crash immensely so that even the best designed vehicles cannot absorb the energy of the impact as they crush. The result is that the body takes the brunt of the crash.

Another huge cause of wrecks is running red lights. Seventy five percent of city collisions are caused by people running lights intentionally to save an average of one minute driving time or because they are inattentive. Hitting the gas instead of the brake when a light turns to orange or red is disastrous in too many cases. Failure to wear seat belts remains a deadly mistake. The damage is done when the unbelted person strikes the interior of the vehicle with huge force. It is impossible in a collision of over about 8 mph for a person to brace with his arms to prevent striking interior components like the dashboard and windshield. And a huge percentage of unrestrained occupants are ejected through windows. Often, when people are ejected, their own vehicle rolls over on them.

Inattentive driving kills about five thousand people a year according to NHTSA. While cell phone usage is only one bad idea when on the road (others being adjusting the radio, lighting cigarettes, and text messaging), it's become dangerously prevalent.

At any moment an estimated one million people are on our roads driving and talking on cell phones. Avoid these commonly occurring scenarios, and your summer vacation is likely to be a happy and safe one.

The 2011 National Hurricane Preparedness Week is May 22 through May 29th. According to the Tropical Meteorology Project based in Colorado State University, we are likely to see an above average hurricane season in 2011. Their forecast for this season, which begins on June 1st and runs through November 30th, is expected to see 17 named storms in the Atlantic basin, 9 of which will develop into hurricanes.

With previous storms such as Katrina (2005), Wilma (2005) and Ike (2008), it's proven that being prepared can not only save lives but can help to avoid putting your family through unecessary hardship. The most basic needs such as clean water and food can be available to you and your family by simply following the Hurricane Preparedness Guide published by the National Hurricane Center.

If you have any elderly friends or neighbors, be sure to add them to your list to ensure they will be safe throughout an approaching storm. And lets not forget our four-legged friends. Pets are often forgotten and are left out in the deterioriating weather.