Panama City Florida Injury Lawyer Blog

Work is a necessity for most Americans. For some, the workplace is fraught with the potential for a serious injury. This threat is particularly prominent in the construction industry, where workplace injuries can be serious and life-threatening. Our Panama City workplace injury lawyer believes in protecting workers and advocating for people injured on the job. While workers compensation is sometimes the only recourse for an injured worker, victims of construction accidents and other hazardous workplaces should know that some workplace accidents can also give rise to a personal injury or wrongful death claim.

54 Year Old Worker Killed By Front-End Loader at Construction Site
On Wednesday morning, as reported by Northwest Florida Daily News, a 54 year old man from Atlanta was killed at a local construction site. Crews have been working on the Topsail Apartments site, located on Dune Lake Circle near the intersection of Hewitt Road and U.S. Highway 98, since October. At 6:45 A.M. on Wednesday, Iran Covarrubias, age 25 of Freeport, was driving a front-end loader on a paved driveway used to access the complex. According to reports, he had turned the 2005 John Deere L22 Loader onto the driveway when another man stepped in front of the vehicle. The man, believed to be a carpenter working for a subcontractor, fell after being struck by the vehicle's front tire and the tire proceeded to run over the victim. He was pronounced dead at the scene.

Both Florida Highway Patrol ("FHP") and representatives from the Occupational Safety and Health Administration ("OSHA") are investigating. The FHP will conduct a traffic investigation and OSHA will review the incident to determine if workplace safety hazards played a role in the fatality.

OSHA Statistics on Workplace Accidents and Construction Industry Dangers
OSHA's website provides a range of statistics on workplace accidents. The agency reports that 4,609 workers were killed in on-the-job incidents in 2011, a number that works out to nearly 13 deaths per day. Additionally, nearly four million American workers suffer a workplace injury every year. The construction industry accounted for 17.5% of the workplace death in 2011. Nearly three out of five (57%) of the construction fatalities involved the so-called "Fatal Four": Falls (251 deaths in 2011, 35% of the total construction deaths); Struck by Object (73, 10%); Electrocution (67, 9%); Caught in-between (19, 3%).

Panama City Injury Lawyer Reminds Victims that Worker's Compensation May Not Be Their Only Recourse
Worker's compensation is the first, and sometimes only, source of compensation for people hurt in workplace injuries. However, some construction workplace accidents involve additional factors that give rise to a personal injury claim or a wrongful death lawsuit. Examples include subcontractor negligence, defective products, crane/scaffolding accidents, and electrocution. These cases generally involve negligence on behalf of a party other than the immediate employer such as an equipment supplier or a subcontractor. An injury lawsuit can provide a wider array of damages than the limited amounts available under the workers compensation system.

If you have suffered a serious injury or lost a loved one in a workplace accident in Panama City, do not assume worker's compensation is your only recourse. Our Panama City personal injury attorney will evaluate your case and help you determine whether you have a civil injury claim. Call our office to arrange a free consultation.

See Related Blog Posts:
Construction Zone Accident Kills Worker and Critically Injures Driver

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

(Photo by Dave Lindblom)

It's a sight that makes children stop and point at the sky and even makes advertising-weary adults take notice. Banner planes are attention-grabbers, although the impact diminishes during the Spring Break season when it seems like they just flow in a constant stream. Given the number of banner planes that fly above our beaches, it seems almost inevitable that accidents occur. Should an injury result, our Panama City accident attorney can help victims investigate the liability of both the individual pilot and the employing company using legal principles that also apply in a range of transportation accident settings.

Banner Plane Crashes Near Northwest Florida Beaches International Airport
As WJHG reported, a typical banner plane flight ended in a frightening crash on Monday afternoon. James Land, age 60, had been flying the yellow craft on behalf of Aerial Banners Incorporated. The plane crashed west of the Northwest Florida Beaches International Airport, in a wooded area on Vinson Road off Highway 79. While the plane's wings ended up in a mangled mess, Land walked away from the crash with only minor injuries. He was taken to Bay Medical Center by first responders but released later that day.

Land reported to emergency officials that the plane's engines lost power, leading to the crash. The Federal Aviation Administration ("FAA") will investigate and determine what caused the accident and whether pilot error played a role. WJHG attempted to contact Aerial Banners to learn about the company's training programs, but the company's only comment was that it is performing its own investigation. On the company's website, it boasts a complete FAA approved program for pilots that takes seven to ten days to complete and includes fifty hours of ground training, flight instruction, and an FAA observation flight.

Holding Companies Responsible for Transportation Accidents
Luckily, the pilot walked away from Monday's crash with only minor injuries and no one on the ground was injured. If a bystander had been injured, legal principles similar to those involved in other transportation accidents could have been triggered to help the victim. One of the key issues in a personal injury lawsuit resulting from a banner plane crash will be whether the company can be held liable for the accident. This is crucial since the individual pilot may not have the resources needed to pay a monetary award in a case involving serious injury. In contrast, the employer may have more resources and/or insurance that can cover a personal injury verdict. This same issue is relevant in trucking and bus accidents. Remember, a verdict is only helpful if the defendant can pay!

There are two types of liability that can apply in these cases and allow a victim to hold an employer responsible for an accident involving an on-the-job employee: Imputed and Direct liability. Imputed liability, including the concepts of vicarious liability and respondeat superior, holds the employer responsible for the employee's actions. A company may be held liable when the employee's acts fall within the scope of employment or in other instances when the employee is working to further the employer's interests. In contrast, direct liability focuses on how the company's own negligence factored in the accident. For example, if the company provides inadequate training, this failure to train may be found to be a direct cause of an accident and may render the company liable for resulting injuries. Companies may also be directly liable for negligent hiring (ex. hiring a pilot with a poor safety record) or dangerously overworking an employee (ex. not allowing sufficient rest breaks).

Helping Victims Recover and Holding Companies Responsible Following a Crash
A banner plane crash and a long-haul truck accident may not initially sound like similar events. However, they both raise similar issues of company responsibility for employee-involved accidents. Whether an accident involves a banner plane pilot or a trucking company driver, our Panama City personal injury attorney can help victims investigate all potential legal claims and recover vital compensation after an injury.

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Panama City Accident Attorney Comments on Destin Helicopter Crash

Federal Legislature Considering Law Requiring Electronic Truck Logs

As your Panama City accident law firm, the team at The Pittman Firm believes in keeping our community members safe by sharing reminders in the wake of collisions on area roadways. We believe in helping victims recover, but we also believe in preventing collisions whenever possible. There are valuable lessons to be learned from accidents, regardless of fault.

WJGH is reporting on a collision that occurred in Lynn Haven during the early morning hours of Wednesday June 20th. Witnesses questioned by the police reported that, at approximately 3:30 A.M., a red pickup truck ran a red light at the intersection of highways 389 and 390. Another vehicle, one that had a trailered boat hooked-up to it, was entering the intersection at the same moment. The driver who was hauling the boat swerved to avoid a direct collision, but the pickup hit the trailer. The collision had sufficient force to cause the boat to end up on top of the truck, crushing the pickup. In addition to police, responders from the Bay County and Lynn Haven Fire Departments were called to the scene. A crane was used to lift the boat off the pickup truck. Fire officials had to use the jaws of life to extract the pickup's driver from his vehicle. An ambulance took the driver to the hospital. His condition was not known at the time of WJGH's report.

While the report suggests the Lynn Haven crash was due to the failure of the pickup's driver to heed a red light, and we do not intend to imply any fault on the part of the other driver, it is still important to remember that trailing a boat requires particular care. Drivers looking to transport a boat should purchase a trailer that has been certified by the National Marine Manufacturers Association. That group requires that boat trailer manufacturers meet industry and government safety standards. Trailers are certified in a number of areas including but not limited to capacity ratings, safety chains, brakes, and conspicuity systems. Inspectors visit trailer manufacturer's and physically review every model.

People looking to tow a boat for the first time should consult the owner's manual to determine the towing capacity of their vehicle. A typical family car may not be suitable for towing anything bigger that a small aluminum fishing boat while an SUV or pickup might be able to handle a 25 foot vessel. Be sure to consider the "dry weight" of the boat (listed in the manual) plus the added fuel and gear which can account for several hundred added pounds. The Discover Boating link at the bottom of this blog entry includes a safety checklist to consult before trailering your vessel. Remember that maintaining your trailing equipment is just as essential as maintaining both your boat and your motor vehicle.

While the recent Lynn Haven accident appears to have been the fault of another driver, it is always important to make transporting your boat as safe as possible. If a collision does occur and you believe another person is responsible for the incident, please contact our experienced Panama City injury lawyer for a free initial consultation.

For additional information on safely transporting your boat, visit Discover Boating's Trailing Maintenance and Towing Safety Tips Resource and Take Me Fishing's Florida Information Page

Continue reading "Reminders About Safely Transporting Your Boating Vessel Following Lynn Haven Crash " »

Our Panama City truck accident law firm regularly follows legal developments impacting the trucking industry, including court rulings and legislative measures. WJGH recently reported on the debate surrounding a truck-related federal proposal currently being considered by the United States Congress. The proposal is an attempt to enhance safety and avoid truck accidents in Panama City and across our nation, but trucking industry personnel have spoken out against passage of the measure.

Congress is considering the 2012 Surface Transportation Extension Act. One element of the proposed bill would mandate that all truck drivers install an Electronic On Board Recorder ("EORB") system. The automatic logging system would eliminate the use of paper logs to document big rig routes and times. Currently, Congress is trying to reconcile versions of the overall bill that the House and Senate have sent to a conference committee.

There are voices expressing opinions both in support and in opposition to the EORB proposal. One truck driver noted that he has driven for fifteen years and has had an EORB installed in his truck for the past year. He reported being uncomfortable with the device initially but said he has gotten used to it and now prefers it to paper logs. The driver noted the automated logs prevent drivers from cheating and fudging their records. In addition to the increased accountability, the driver noted that the EORB reduced paper work and increased safety because it limited the ability of employers and clients to request that he drive more than the law allows. However, other drivers have come out in opposition to the EORB mandate. One driver suggested that individual drivers might be responsible for purchasing an EORB, an additional cost that the driver felt was unnecessary.

Beyond their use in documenting routes for an employer, our Panama City truck accident lawyer knows that EORBs can be a valuable source of evidence after a truck accident. EORBs can record the time of the accident and the truck's speed prior to the collision. The EORB can also provide information about how long the driver had been behind the wheel at the time of the accident, evidence that can help prove fault in actions against both the driver and the driver's employer.

Driver fatigue is dangerous in any vehicle but particularly hazardous when the driver is piloting a large truck. The Federal Motor Carrier Safety Administration has strict rules limiting how long truck operators can drive and how much rest time is required between driving periods. Truck drivers who fail to take mandated breaks are more likely to be involved in serious crashes. Studies from the National Transportation Safety Board have found that more than half of all truck accidents involve driver fatigue. After eight hours of driving, the risk of a truck being involved in an accident doubles and the rate doubles again between ten and eleven hours of continuous operation.

If you or someone you love has been injured in a Panama City truck crash, please contact The Pittman Firm. Our attorney and legal support team can use EORB logs and other evidence to help you receive compensation for your accident-related injuries.

See Related Blog Posts:

Big Trucks and Injuries on Our Highways

Driver Health is Key to Safety

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.