Dangerous Intersections – TAMPA BAY AREA

According to the Metropolitan Planning Organization (MPO) some of the most dangerous intersections in Pinellas County are in Largo, Florida. Driving in Largo, Florida could mean that you are more vulnerable to car crash than elsewhere in Pinellas County according to this data.

The MPO recently released its annual traffic crash statistics for Pinellas County. Fifty (50)intersections were identified along with the number of crashes there. "We've got a number of intersections where people are trying to go east-west and north-south on major road crossings, plus you have very wide roads where you may have six lanes crossing six lanes," said Pinellas County planning director Brian Smith. "These are usually things that are just hard to deal with."

Of the 50 hardest to deal with intersections, nine can be found in the Largo. The Belcher-Ulmerton intersection is one that is on this list. It has been a difficult intersection for many years. The intersection ranks 35 among the top 50 most dangerous intersections in Pinellas County. It's just one of the many that have ranked high year after year. Others include:

• 66th Street and Ulmerton Road in Pinellas County near Largo
• East Bay Drive and Keene Road in Pinellas County near Largo
• 66th Street and 142nd Avenue in Pinellas County near Largo
• Belcher Road and East Bay Drive in Pinellas County near Largo
• Ulmerton Road and Seminole Boulevard in Pinellas County near Largo
• Ulmerton Road and Starkey Road in Pinellas County near Largo
• Missouri Avenue and West Bay Drive in Pinellas County near Largo
• U.S. Highway 19 and East Bay Drive in Pinellas County near Largo
  

Currently the Metropolitan Planning Organization is looking closer at the locations and plan for engineering improvements to ease traffic and possibly save lives.

A couple of factors that contribute to this danger are red light running, driving inappropriately, making wrong turns or exceeding the speed limit.

Many to the most dangerous intersections have been and continue to be under aggressive traffic enforcement. Some of the dangerous intersections simply cannot handle the volume of traffic during certain times of the day. Other Tampa Bay Area dangerous intersections include:

• Park Blvd. and Seminole Blvd. in Pinellas County near Seminole
• Seminole Blvd. and 102nd Avenue in Pinellas County near Seminole
• U. S. Highway 19 and Tampa Road in Pinellas County near Palm Harbor and Tarpon Springs
• U.S. 19 and Gulf-to-Bay Boulevard in Pinellas County near Clearwater
• U.S. 19 and Drew Street in Pinellas County near Clearwater
• U.S. 19 and Sunset Point Road in Pinellas County near Clearwater
• Gulf-to-Bay Boulevard and Belcher Road in Pinellas County near Clearwater
• Hanley Road and Waters Ave in Hillsborough County near Tampa and Town and Country
• Brandon Blvd. and Brandon Town Center Drive in Hillsborough County near Brandon
• Bell Shoals Road and Bloomington Ave. in Hillsborough County near Bloomingdale and Brandon
• Anderson Road and Waters Ave. in Hillsborough County near Citrus Park and Tampa
• Bearss Ave. and Bruce B. Downs Blvd. in Hillsborough County near North Tampa and New Tampa
• Bruce B. Downs Blvd and Interstate 75 in Hillsborough County near New Tampa and Lutz
• Columbus Drive and Dale Mabry Hwy in Hillsborough County near Tampa
• Hillsborough Ave. and Lois Ave. in Hillsborough County near Tampa and Drew Park
• Memorial Hwy and Courtney Campbell Causeway in Hillsborough County near Tampa
• Bruce B. Downs Blvd and Fowler Ave. in Hillsborough County near New Tampa and USF
• SR 52 and US Hwy 19 in Pasco County near Port Richey and Bayonet Point
• SR 54 and US Hwy 41 in Pasco County near New Port Richey
• Moog Road and US Hwy 19 in Pasco County near Holiday and New Port Richey
• Ridge Road and US Hwy 19 in Pasco County near Port Richey
• CR 1 and SR 52 Pasco County Hudson and Land O' Lakes

DRIVE DEFENSIVEY and OBEY ALL TRAFFIC LAWS.

CAR SAFETY SEATS: A GUIDE FOR FAMILIES - 2009

One of the most important jobs you have as a parent is keeping your child safe when riding in a vehicle. Each year thousands of young children are killed or injured in car crashes. Proper use of car safety seats helps keep children safe. But with so many different car safety seats on the market, it’s no wonder many parents find this overwhelming.

The type of seat your child needs depends on several things including your child’s size and the type of vehicle you have. To be sure your child is using the most appropriate seat, you may click on the following link to see the types of car safety seats at a glance

http://www.aap.org/family/carseatguide.htm#

For additional information:

http://www.nhtsa.dot.gov/portal/site/nhtsa/menuitem.9f8c7d6359e0e9bbbf30811060008a0c/

MAKE YOUR CHILDREN WEAR THEIR LIFE JACKETS

As Part Of National Safe Kids Week, U.S. Coast Guard Reminds Parents To Make Their Kids Wear Life Jackets

WASHINGTON – The U. S. Coast Guard reminds parents that their children should always wear a life jacket while boating.

“National SAFE KIDS Week is a perfect time to remember the importance of life jackets,” said the Coast Guard’s Director of Operations Policy, Rear Admiral J.W. Underwood. “It is the parent’s responsibility to keep their children safe when on the water and insisting on wearing life jackets is one of the best ways to do that. “Just like you make your kids wear bike helmets, make them wear life jackets.”

Many adults believe themselves capable of diving into the water to rescue a child who falls overboard. This is a dangerous misconception. Adults may not notice a child falling overboard right away. Children who fall in may not surface immediately. It can be difficult to locate a child in the water—especially when the vessel is in motion.

Life jackets could prevent approximately two-thirds of all boating-related drowning of children ages 14 and under. In fact, in most states, children under 13 must wear life jackets. It’s the law.
According to the National SAFE KIDS Campaign, drowning remains second only to motor vehicle accidents as the leading cause of unintentional injury-related death among children ages 1 to 14. Furthermore, children are much more likely to practice safe habits when they experience similar behavior by parents and caregivers. “We have done research that indicates children whose parents wear life jackets around water are more likely to wear one themselves,” says Jen Medearis Costello, program manager at the National SAFE KIDS Campaign. “Therefore we recommend that parents not only actively supervise their children around water, but also demonstrate safe behavior—including wearing life jackets.”

The Coast Guard and National SAFE KIDS Campaign strongly recommend adults always wear life jackets as well – not only to keep themselves safe, but to demonstrate safe behavior for their children.

National SAFE KIDS Week starts on April 30 and runs through May 7.

The U.S. Coast Guard is asking all boat owners and operators to help reduce fatalities, injuries, property damage, and healthcare costs related to recreational boating accidents by taking personal responsibility for their own safety and the safety of their passengers. Essential steps include always wearing a life jacket and requiring passengers to do the same; never boating under the influence; completing a boating safety course; and getting a free vessel safety check annually from local U.S. Coast Guard Auxiliary or United States Power Squadrons vessel examiners.

The U.S. Coast Guard reminds all boaters, "You're in Command. Boat Responsibly!”

HELPING INJURY VICTIMS AND FAMILIES

At the TRIPP LAW FIRM, we are committed to helping injury victims and family members in wrongful death cases recover financially from serious accidents. As a law firm that limits its practice to personal injury cases, we realize insurance companies aren't usually willing to offer compensation that reflects the full financial impact of an injury. That is why we have an established network of relationships in the areas of accident reconstruction, investigation, safety, medical and financial experts in preparing and documenting our clients' cases. If needed, these experts can provide us with convincing documentation to prove your case.

In addition, our personal injury law team has many years of experience assisting injured victims and their families in cases involving wrongful deaths and serious personal injuries. We have handled cases with some of the world's largest insurance companies such as AIG, Allstate, American Automobile Association (AAA Auto Club), Amica, Amerisure, Auto Owners, Chubb, Direct, Esurance, GEICO, GMAC, Hanover, Infinity, Liberty Mutual, Mercury, MetLife Home & Auto, Nationwide, Progressive, Scottsdale, Safeco, State Farm Mutual, State Farm Fire, Southern Owners, The Hartford, United Services Automobile Association (USAA), Unitrin Direct, Zurich and large corporations including Wal-Mart, K-Mart, Dillard’s, McDonald’s, Haverty’s Furniture, Publix Super Markets, Sweet Bay Stores, Target Stores, Dunkin’ Donuts, Brighthouse, Lowes, RaceTrac, Pump-It-Up, Walgreens, CVS/pharmacy, Dollar General, Circle K and Verizon. Our firm has also handles sovereign immunity cases against governmental agencies such as Hillsborough County, Pinellas County, Pasco County and the Hillsborough County School Board.

Our on-call staff is available to speak with new clients 24 hours a day, 7 days a week. If a new client is physically unable to visit our office, we’ll arrange to have one of our firm representatives meet with him or her in his or her home or hospital room.

If you or a loved one has been involved in an accident or has suffered an injury because of someone else’s negligence, call the TRIPP LAW FIRM (888) 392-LAWS (5297). The initial consultation is free of charge, and if we agree to handle your case, we will work on a contingency fee basis, which means we get paid for our services only if there is a monetary recovery of funds. In many cases, a lawsuit must be filed before an applicable expiration date, known as a statute of limitations.

Please call right away to ensure that you do not waive your right to possible compensation.

PERSONAL WATERCRAFT - Florida

As summer approaches, more and more boats and personal watercrafts (PWC's) will be in the Gulf of Mexico, the intercoastal waterways, lakes and rivers enjoying the great outdoors. Therefore, we urge you to “be safe and enjoy the water.” Whether you own your own boat or personal watercraft or you rent a boat or personal watercraft (wave runner or jet ski) for some “fun in the sun,” THINK SAFETY!

Each year hundreds of people are injured in Florida.

According to the Florida Fish and Wildlife Conservation Commission, there were 135,935 registered personal watercraft (PWC) in the State of Florida as of 2007. In 2007, there were 161 reported personal watercraft accidents resulting in 16 fatalities and 128 injuries. In addition, these PWC accidents caused $329,643.00 in property damage.

Miami-Dade, Monroe and Pinellas counties led the state with the largest numbers of accidents and injuries. Some of those injured rented the personal watercraft from places like: Biscayne Bay, Clearwater, Clearwater Beach, John’s Pass, Key Largo, Madeira Beach, Marco Island, Miami Beach, Naples, Sarasota, Sanibel/Captiva, St. Pete Beach, and Treasure Island.

The injuries in these PWC accidents ranged from broken bones (33), lacerations (25), contusions (24), head injury (20), internal injuries, (6), spinal injuries (6), back injury (5), teeth & jaw injury (4), dislocation (3) and sprain / strain (2).

THE TOP THREE (3) PRIMARY CAUSES OF THE PWC ACCIDENTS:

• 1. Operator Inattention (30)
• 2. Excessive Speed (26)
• 3. No proper look-out (25)
  

FLORIDA PERSONAL WATERCRAFT LAWS

• Each person operating, riding on, or being towed behind a personal watercraft must wear an approved non-inflatable Type I, II, III, or V personal flotation device (PFD). Inflatable PFDs are prohibited for personal watercraft use.
• The operator of a personal watercraft must attach the engine cutoff switch lanyard (if equipped by the manufacturer) to his/her person, clothing or PFD.
• Personal watercraft may not be operated from 1/2 hour after sunset to 1/2 hour before sunrise, even if navigation lights are used. Remember, both federal and state law requires the use of navigation lights from sunset to sunrise.
• Maneuvering a personal watercraft by weaving through congested vessel traffic, jumping the wake of another vessel unreasonably close or when visibility around the vessel is obstructed or swerving at the last possible moment to avoid collision is classified as reckless operation of a vessel (a first-degree misdemeanor).
• A person must be at least 14 years of age to operate a personal watercraft in Florida.
• A person must be at least 18 years of age to rent a personal watercraft in Florida.
• It is unlawful for a person to knowingly allow a person less than 14 years of age to operate a personal watercraft (a second-degree misdemeanor).
• Anyone 21 years of age or younger is required to either have successfully completed a National Association of State Boating Law Administrators (NASBLA) approved boating education course or have passed a course equivalency or temporary certificate examination and have in their possession a boating education ID card and a photo identification card before operating a vessel with a motor of 10 HP or more in Florida. Identification cards for persons completing the course or the equivalency exam are good for a lifetime. Temporary Certificate exams are made available to the public through contractors. The temporary certificate is valid for 12 months from the issue date.

Law enforcement officers of the Florida Fish and Wildlife Conservation Commission, sheriff's deputies of the various counties, and any other authorized enforcement officer, shall have the authority to order the removal of vessels deemed to be an interference or hazard to public safety, enforce all boating safety laws, or cause any inspection to be made of all vessels in accordance to state law. A law enforcement officer may stop any vessel for the purpose of checking for compliance with boating safety equipment requirements.

If you have been involved in an accident - YOU MAY DOWNLOAD FLORIDA ACCIDENT REPORT FORM by clicking on the link below.
http://www.pwcsafetyschool.com/florida/florida-boat-accident-report-2005.pdf

IF YOU OR A LOVED ONE HAS BEEN INJURED, CALL THE TRIPP LAW FIRM FOR A FREE CONSULTATION TO DISCUSS YOUR LEGAL RIGHTS 1 (888) 392-LAWS (5297). Our on-call staff is available to speak with new clients 24 hours a day, 7 days a week. If a potential new client is physically unable to visit our office, we’ll arrange to have one of our firm representatives meet with him or her in his or her home or hospital room.

EMERGENCY VEHICLES - How to React

We've all experienced an ambulance, police car, or fire truck quickly approaching behind us with their lights and sirens on. And it's important to remember exactly what you should do - what the emergency driver expects you to do.

Pull Over - When an emergency vehicle (including police cars, fire trucks, ambulances, other law enforcement, and tow trucks) approaches you are expected to pull over to the (right) closest edge of the roadway and stop until the emergency vehicle has passed. The intent is for you to make way for the emergency vehicle - so it can quickly move through traffic. Never block an intersection. This applies to pedestrians as well as drivers.

Parked Emergency Vehicles - When you approach an emergency vehicle you are required to move over and slow down.

Move Over - When you are driving on interstate highways or other highways with two or more lanes in the same direction as emergency vehicles you are required to leave the lane closest to the emergency vehicle as soon as it is safe.

Pay Attention - When you are driving it's important to stay focused. . Anything that takes your mind off driving can also cause you not to recognize emergency vehicles approaching. This creates a very dangerous traffic situation that at the least slows down emergency responders. Even worse, distracted drivers can cause emergency vehicles to get into an accident. There are a variety of distractions that cause accidents listed below.

Driving Distractions to Avoid

• Loud Music
• Talking on Your Cell Phone
• Eating
• Reading
• Adjusting your RadioPutting on Makeup

15-PASSENGER VAN ALERT

There are a few steps you can take to help prevent these rollovers and to reduce the seriousness of injuries when they do occur. We strongly recommend that you follow these procedures, along with general safety and supervision measures, when operating a large van:

1. The driver and all passengers in vans should wear seat belts. Those who don't are more likely to be ejected from the van during the rollover, and those ejected tend to suffer the most serious injuries and fatalities.
2. Use mature drivers who have experience with these large vans. Driving a 15-passenger van is much different and more challenging than driving a family car or mini-van. Even experienced drivers may not always be able to get these large vehicles back under control when driving at highway speeds.
3. Before starting out on a trip, inspect the vehicle from front to back and pay close attention to the tires. Many van rollovers are initiated by tire blowouts. Make sure the tires are properly inflated - neither over nor under-inflated.
4. Look for tread wear. The Tire Industry Safety Council recommends that tires be replaced when the tread is worn down to one-sixteenth of an inch. Put a penny into a tread groove (where tread is lowest) with Lincoln's head upside down. If you can see the top of Lincoln's head, it's time to replace the tire. (More accurate measurements can be made with a tread depth gauge.) When you do replace tires, purchase tires that are properly sized and rated for your vehicle and load.
5. Do not overload the van. The vehicle may be too heavy to maneuver properly during emergencies when fully loaded with passengers and luggage. Loaded luggage racks on top of the van make controlling the van more difficult. Also, an overloaded vehicle is more likely to cause a blowout.
6. To avoid fatigue on longer trips, have two drivers and take frequent breaks. If your passengers are children, a second adult also is important for supervision purposes.
   Obey posted speed limits.

FOR MORE INFORMATION ON REDUCING THE RISK IN ROLL OVER CRASHES click the link below:

http://www.nhtsa.dot.gov/cars/problems/studies/15PassVans/NHTSA_FLYER.pdf

15-Passenger Van Users to Drive with Caution this Summer

Nation’s Top Vehicle Safety Official Urges 15-Passenger Van Users to Drive with Caution this Summer

New research from the National Highway Traffic Safety Administration (NHTSA) has found June through August to be the deadliest time of year for 15-passenger van occupants, due to rollover crashes. Statistics show that 31 percent of fatal rollovers involving 15-passenger vans occur during the busy summer travel months.

NHTSA Administrator Nicole R. Nason is urging all 15-passenger van users to take appropriate safety precautions when taking to the road during this busy travel season. “The last thing we want is a summer outing to turn into a tragic memory,” Nason said. NHTSA data shows a significant increase in rollover risk when the van is fully loaded with drivers and passengers.

In 2006, 50 percent of occupant fatalities that occurred were in vans that were fully loaded. Fifty-nine percent of those killed were unbelted. Other factors that contribute to rollover incidents include improperly inflated tires, poor tire condition and inexperienced drivers.

Owners should follow manufacturers’ recommendations for replacing old tires because tires may become less safe after a certain period of time, even if they have adequate tread and proper inflation.

“For a safe trip buckle up, check the tire pressure and make sure an experienced driver is behind the wheel before heading out on the roads this summer,” said Nason. Overall statistics show the number of deaths in 15-passenger van rollover crashes has been declining steadily since 2001. However, these vehicles still pose a safety risk to occupants, claiming the lives of 58 people in accidents in 2006.

To view the report click here: http://www-nrd.nhtsa.dot.gov/Pubs/810947.PDF

For more information about 15-passenger van safety visit www.safercar.gov

$9.14 million Awarded to Woman Injured in Sherriff Crash

A judge has ruled that the Pasco County Sheriff's Office should pay $9.14 million to a woman who sustained permanent brain damage from a crash with a deputy.

A judge ruled that Deputy Kenneth Petrillo was negligent in the January 2005 crash. He had been chasing a suspected drunken driver when he followed through a red light and hit Jennifer Wohlgemuth's car. The crash sent five people to the hospital. Wohlgemuth's attorney says the 25-year-old woman's brain injury has left her unable to care for herself.

A sheriff's spokesman says state law limits civil judgments against law enforcement agencies to $100,000, and the sheriff's office has insurance to cover that. But Wohlgemuth's attorney can file a special claim bill in the Florida Legislature to get the rest.

SERIOUS INJURIES - Soft Tissue Injuries

Soft Tissue Injuries - Because the neck is so flexible and because it supports the head, it is extremely vulnerable to injury. Motor vehicle or diving accidents, and falls may result in neck injury. The regular use of safety belts in motor vehicles can help to prevent or minimize neck injury. A "rear end" automobile collision may result in hyperextension, a backward motion of the neck beyond normal limits, or hyperflexion, a forward motion of the neck beyond normal limits. The most common neck injuries involve the soft tissues: the muscles and ligaments. Severe neck injuries with a fracture or dislocation of the neck may damage the spinal cord and cause paralysis.

If severe neck pain occurs following an injury (motor vehicle accident, or fall), medical care should be sought immediately. A chiropractor or orthopedist specialize in neck injuries.

Their treatment may consist of one or more of the following procedures:

• A physical examination consisting of an evaluation of neck motion, neck tenderness, and the function of the nerves and muscles in your arms and legs,
• X-rays,
• MRI (magnetic resonance imaging). This non x-ray study allows an evaluation of the spinal cord and nerve roots,
• CT (computed tomography),
• This specialized x-ray study allows careful evaluation of the bone and spinal canal,
• Myelography (injection of a dye or contrast material into the spinal canal). This specific x-ray study also allows careful evaluation of the spinal canal and nerve roots,
• EMG (electromyography). This test evaluates nerve and muscle function.

How neck pain is treated depends on what the diagnosis reveals. However, most patients are treated successfully with rest, medication, immobilization, physical therapy, exercise, activity modifications, or a combination of these methods.

When neck pain persists or is chronic, your orthopaedist may recommend a rehabilitation program that includes an exercise program and various types of physical therapy to help you relieve your pain and prevent it from coming back.

If conservative measures do not help, surgery may be necessary to reduce pressure on the spinal cord or a nerve root when pain is caused by a herniated disc or bony narrowing of the spinal canal. Surgery may also be required following an injury to stabilize the neck and minimize the possibility of paralysis, such as when a fracture results in instability of the neck.

INJECTIONS - The most commonly used injections are local anesthetic and/or steroids. They are usually given either in the area that is believed to be the source of the pain, such as into a muscle or facet joint, or around the nerves of the spine (an epidural or nerve root injection). Injections are occasionally placed into the disc, but this is done far less frequently.

Exercise and Stretching - Exercising to restore motion and strength to a painful lumbar spine can be very helpful in relieving pain. Although there is controversy as to which are the most effective spine exercises, it is generally agreed that exercise should be both aerobic and specific to the spine.

SERIOUS INJURIES - Fibromyalgia

Fibromyalgia - Fibromyalgia is a chronic condition characterized by widespread pain in your muscles, ligaments and tendons, as well as fatigue and multiple tender points — places on your body where slight pressure causes pain.

An injury or trauma, particularly in the upper spinal region, may trigger the development of fibromyalgia in some people. An injury may affect your central nervous system, which may trigger fibromyalgia. Signs and symptoms of fibromyalgia can vary, depending on the weather, stress, physical activity or even the time of day.

Common signs and symptoms may include:

• Widespread pain. Fibromyalgia is characterized by pain in specific areas of your body when pressure is applied, including the back of your head, upper back and neck, upper chest, elbows, hips and knees. The pain generally persists for months at a time and is often accompanied by stiffness.
• Fatigue and sleep disturbances. People with fibromyalgia often wake up tired and unrefreshed even though they seem to get plenty of sleep. Some studies suggest that this sleep problem is the result of a sleep disorder called alpha wave interrupted sleep pattern, a condition in which deep sleep is frequently interrupted by bursts of brain activity similar to wakefulness. So people with fibromyalgia miss the deep restorative stage of sleep. Nighttime muscle spasms in your legs and restless legs syndrome also may be associated with fibromyalgia.

Other common signs and symptoms may include:

• Depression
• Numbness or tingling sensations in the hands and feet (paresthesia)
• Difficulty concentrating
• Mood changes
• Chest pain
• Dry eyes, skin and mouth
• Painful menstrual periods
• Dizziness
• Anxiety

SERIOUS INJURIES - Closed Head Injuries/Brain Injuries

If you have sustained an injury to your head, a complete neurologic exam should be performed.

Closed Head Injuries/Brain Injuries - The number one cause of head injuries is road accidents. Drivers, passengers, pedestrians, and cyclists are the victims. Other causes include assaults; injuries incurred in sporting events, and falls resulting in a blow to the head.

1.5 million people each year incur a closed head injury, 75% of which are classified as mild. However, each year approximately 50,000 individuals die from head injuries and more than 100,000 suffer permanent disability. The severity of the injury is initially judged by assessing the so-called Glasgow Coma Scale (GCS) which assesses eye, motor, and verbal abilities. A score of 13-15 indicates a mild injury, a score of 9-12 indicates moderate injury, and a score of 8 or less indicates severe injury. Concussion, where there is no loss of consciousness, is considered a mild injury.

There have been great advances recently in the understanding of the pathologic process that results from a closed head injury. Depending on the severity of the blow the following structural findings may be present as noted clinically or by imaging: linear or depressed skull fractures, subgaleal hematomas ("goose eggs"), intracranial hemorrhage, cerebral edema, diffuse axonal injury (DAI), or no findings at all. Intracranial hemorrhages may include Sudbury hematoma, epidermal hematomas, intracerebral hemorrhage, or subarachnoid hemorrhage. The recent use of amyloid precursor protein staining has enabled clinicians to identify axonal injury which is often responsible for memory and cognitive impairment, and sometimes vegetative states associated with coma. Neurochemical changes occur after traumatic brain injury.

It is most important to ascertain whether or not you have lost consciousness during a traumatic incident. Generally, the prognosis is worse if you lost consciousness since there is a greater risk that the mediators of brain inflammation are produced in this setting. It is also important to elicit the type and mechanism of injury, as these also have some prognostic importance. Someone who is injured by assault or from a falling object has a much greater risk than patients sustaining acceleration/deceleration injuries that occur in motor vehicle accidents, because the former mechanism is associated with greater axonal damage. Also, if you are taking anticoagulant medication, you must immediately advise your physician, because you are at much greater risk for internal bleeding.

If you have sustained an injury to your head, a complete neurologic exam should be performed.

All head injured patients are potential litigants because of the persistent and disabling nature of the condition. Make sure your physicians document your case meticulously and substantiate the mechanism of your injury, the extent of your injury, the physical, emotional and cognitive consequences of your injury, delineate the treatment, and discuss your prognosis.

SERIOUS INJURIES - HERNIATED DISC

Herniated Discs - One of the more common injuries sustained in a motor vehicle crash or a fall, is a herniated disc. Discs are soft, rubbery pads found between the hard bones (vertebrae) that make up our spinal column. The spinal canal is a hollow space in the middle of the spinal column that contains the spinal cord and other nerve roots. The discs between the vertebrae allow the neck and back to flex or bend. Discs also act as shock absorbers.

Discs are composed of a thick outer ring of cartilage (annulus) and an inner gel-like substance (nucleus). A disc herniates or ruptures when part of the center nucleus pushes through the outer edge of the disc and back toward the spinal canal. This puts pressure on the nerves. Spinal nerves are very sensitive to even slight amounts of pressure, which can result in pain, numbness, or weakness in one or both legs.

The most common symptom of a herniated disc in the lower back is sciatica—a sharp, often shooting pain that extends from the buttocks down the back of one leg. It is caused by pressure on the spinal nerve. Other symptoms include:

• Weakness in one leg - Tingling (a "pins-and-needles" sensation) or numbness in one leg or buttock
• Loss of bladder or bowel control (If you also have significant weakness in both legs, you could have a serious problem and should seek immediate attention.)
• A burning pain centered in the neck
• A herniated disc in the neck may cause pain in the muscles between your neck and shoulder (trapezius muscles). The pain may shoot down the arm. The pain may also cause headaches in the back of the head. Other symptoms include:
• Weakness in one arm - Tingling (a "pins-and-needles" sensation) or numbness in one arm
• Loss of bladder or bowel control (If you also have significant weakness in both arms or legs, you could have a serious problem and should seek immediate attention.)
• Burning pain in the shoulders, neck, or arm

To diagnose a herniated disc, provide your doctor with your complete medical history. Be very specific when describing your accident and the symptoms you immediately experienced thereafter. A physical examination will help determine which nerve roots are affected (and how seriously). An X-ray may show evidence of disc or degenerative spine changes. MRI (magnetic resonance imaging) or CT (computed tomography) are imaging tests to confirm which disc is injured. An electromyography (EMG), a test that measures nerve impulses to the muscles, may be recommended if the pain continues.

Non-surgical treatment is effective in treating the symptoms of herniated discs in more than 90% of patients. Most neck or back pain will resolve gradually with simple measures.

Surgery may be required if conservative measures do not relieve the symptoms. Surgical options in the lower back include microdiscectomy or laminectomy, depending on the size and position of the disc herniation. In the neck, an anterior cervical discectomy and fusion are usually recommended. This involves removing the entire disc to take the pressure off the spinal cord and nerve roots. Bone is placed in the disc space and a metal plate may be used to stabilize the spine.

SERIOUS INJURIES - Torn Meniscus/ACL

Torn Meniscus/ACL - Knee injuries are quite common in accidents. It is common for one to twist their knee while forcibly trying to apply the brakes to avoid a collision or during an unexpected slip and fall. The knee is a complex joint with many components, making it vulnerable to a variety of injuries. Many knee injuries can be successfully treated without surgery, while others require surgery to correct.

The following are some facts about the knee from the American Academy of Orthopaedic Surgeons:

The knee is the largest joint in the body, and one of the most easily injured. It is made up of the lower end of the thighbone (femur), which rotates on the upper end of the shinbone (tibia), and the knee cap (patella), which slides in a groove on the end of the femur. The knee also contains large ligaments, which help control motion by connecting bones and by bracing the joint against abnormal types of motion. Another important structure, the meniscus, is a wedge of soft cartilage between the femur and tibia that serves to cushion the knee and helps it absorb shock during motion.

The four major ligament injuries are described below:

• ACL (Anterior Cruciate Ligament) injury - Changing direction rapidly in an accident may cause tears in the ACL. A twisting injury in a motor vehicle crash or a slip and fall are common causes.
• MCL (Medial Cruciate Ligament) injury - Injuries to the MCL are usually caused by a direct blow to the outside of the knee. One’s knee hitting the interior in a car accident or the outside of the knee striking the floor during a fall is a common cause.
• PCL (Posterior Cruciate Ligament) injury - During an accident the PCL can be injured when a motorist receives a blow to the front of the knee such as when the knee hits the dashboard, or during a slip and fall when the front of the knee hits the floor directly.
• Torn cartilage - When people talk about torn knee cartilage, they are usually referring to a torn meniscus. The mensicus is a tough, rubbery cartilage that is attached to the knee's ligaments. The meniscus acts like a shock absorber. Tears in the meniscus can occur when twisting, cutting, pivoting, or decelerating.

Orthopedic surgeons use a variety of methods to treat knee injuries in athletes. A common method used to treat mild knee injuries is R.I.C.E., which stands for "rest, ice, compression, and elevation." Rest the knee by staying off it or walking only with crutches. Apply ice to control swelling. Use a compressive elastic bandage applied snugly, but loosely enough so that it does not cause pain. Finally, keep the knee elevated.

The most important advice is to seek treatment as soon as possible, especially if you:

• Hear a popping noise and feel your knee give out at the time of injury,
• Have severe pain,
• Cannot move the knee or begin limping,
• Have swelling at the injury site or,
• If the knee does not respond to conservative measures, then surgery may be warranted.

SERIOUS INJURIES - Fractures

FRACTURES - Fractures are a common injury in accidents. The types of fractures are listed below:

• Closed or simple fracture. The bone is broken, but the skin is not lacerated.
• Open or compound fracture. The skin may be pierced by the bone or by a blow that breaks the skin at the time of the fracture. The bone may or may not be visible in the wound.
• Transverse fracture. The fracture is at right angles to the long axis of the bone.
• Greenstick fracture. Fracture on one side of the bone, causing a bend on the other side of the bone.
• Comminuted fracture. A fracture that results in three or more bone fragments.
  

The following treatments are used for various types of fractures.

Cast Immobilization - A plaster or fiberglass cast is the most common type of fracture treatment, because most broken bones can heal successfully once they have been repositioned and a cast has been applied to keep the broken ends in proper position while they heal.

Functional Cast or Brace - The cast or brace allows limited or "controlled" movement of nearby joints. This treatment is desirable for some but not all fractures.

Traction - Traction is usually used to align a bone or bones by a gentle, steady pulling action. The pulling force may be transmitted to the bone through skin tapes or a metal pin through a bone. Traction may be used as a preliminary treatment, before other forms of treatment.

Open Reduction and Internal Fixation - In this type of treatment, an orthopedist must perform surgery on the bone. During this operation, the bone fragments are first repositioned (reduced) into their normal alignment, and then held together with special screws or by attaching metal plates to the outer surface of the bone. The fragments may also be held together by inserting rods down through the marrow space in the center of the bone. These methods of treatment can reposition the fracture fragments very exactly. Because of the risks of surgery, however, and possible complications, such as infection, they are used only when the orthopaedic surgeon considers such treatment to be the most likely to restore the broken bone to normal function.

External Fixation - In this type of treatment, pins or screws are placed into the broken bone above and below the fracture site. Then the orthopedic surgeon repositions the bone fragments. The pins or screws are connected to a metal bar or bars outside the skin. This device is a stabilizing frame that holds the bones in the proper position so they can heal. After an appropriate period of time, the external fixation device is removed.

SERIOUS INJURIES - Carpal Tunnel Syndrome

Carpal Tunnel Syndrome - Holding the steering wheel tight during a car crash or falling down on your outstretched palms can cause injury to your wrist resulting in a carpal tunnel injury. Carpal Tunnel Syndrome is caused when fluid, bone, or stressed tendons press on the nerves within the carpal tunnel of the wrist. The result is generally wrist pain and numbness to the thumb and first two fingers.

The median nerve, which serves sensation in the palm of the hand, and movement of small muscles in the hand, is compressed at the wrist. The nerve is pinched between underlying ligaments and bones of the wrist and an overlying, tough ligament, the transverse carpel ligament. Symptoms may include tingling in the palm, and sometimes aching and burning. Characteristically the numbness awakes the patient at night, or is present with repetitive use of the hand. Pain may radiate up the arm toward the shoulder.

Often the symptoms are more gradual in onset. As the condition worsens, daytime paresthesias become common and often are aggravated by daily activities like driving, holding a book or the phone, and combing the hair. Weakness can be present. With long-standing or severe cases of carpal tunnel syndrome, thenar atrophy is frequently observed. Because of the motor and sensory disturbances, manual dexterity is diminished, and difficulty with daily activities (e.g. buttoning clothes, holding small objects) often is encountered. Pain and paresthesias also can occur proximally in the forearm, elbow, shoulder, and neck in up to one third of patients. Pain and paresthesias in the hand are not always isolated to median nerve distribution but can involve the ulnar aspect or the entire hand.

Diagnosis is made by the findings of three cardinal signs:

• Numbness in the distribution of the median nerve in the hand: palm, thumb, index, middle and lateral half of the ring finger.
• Tingling sensation radiating into the hand by tapping over the nerve.
• Reproduction of symptoms by marked wrist flexion for 30 to 60 seconds.
• Weakness in the small muscles of the hand controlled by the median nerve is found rarely.
• Sampling the electrical activity in the muscles and nerves (EMG) can aid in the diagnosis.

Conservative treatment of carpal tunnel syndrome can be done by immobilizing the wrist in a splint to minimize or prevent pressure on the nerves or the prescription of oral steroids. If that fails, patients are sometimes given anti-inflammatory drugs or injections of cortisone in the wrist to reduce the swelling.

When these efforts fail or when there is weakness, surgery, known as a carpal tunnel release, may be needed where the wrist is opened and the ligament is cut at the bottom of the wrist to relieve the pressure. However, only a small percentage of patients require surgery. The goal of operation is simply to divide the ligament, which decompresses the nerve. This division of the ligament can be done through a short incision with local anesthesia, in an outpatient surgery center. The operation only takes a few minutes and patients can return to normal activities afterwards, limited only by tenderness in the hand. Complications include a very low rate of infection and injury to the nerve. The vast majority of sufferers are relieved of their tingling, burning pain, but many have ongoing symptoms or can be made worse by complications.

SERIOUS INJURIES - Rotator Cuff Injury

Rotator Cuff Injuries - It is not uncommon to sustain shoulder pain after a motor vehicle accident or a bad trip and fall. If your symptoms include pain, weakness, and decreased range of motion of your shoulder, you should be evaluated by your family physician or an orthopedic surgeon for a possible rotator cuff injury.

To help in your diagnosis the following procedures may be recommended by your doctor:

• A routine x-ray examination
• Arthrography of glenohumeral joint
• Ultrasound
• A magnetic resonance imaging (MRI)

Many patients can be treated conservatively. Non-operative therapy consists of rest and activity modification, shoulder sling, non-steroidal anti-inflammatory drugs (NSAIDs), corticosteroid injections, and a basic shoulder-strengthening program.

Patients who do not improve with conservative treatment may be a candidate for surgery. In general, many physicians believe surgery is indicated in patients younger than 60 years with a full-thickness tear demonstrated clinically or arthrographically, in patients who fail to improve after 6 weeks of rehabilitation, or in patients performing activity that requires shoulder use.

However, if an accident victim sustains a rotator cuff tear, then immediate surgery may be warranted because people who sustain an acute or recent injury to the shoulder have poor prognosis if conservative modalities are used. The success rate of surgical therapy is reported to be 77-86%.

Choking hazard leads State Farm to promotional recall teddy bears.

Bloomberg News reported, "State Farm Mutual Automobile Insurance Co., the biggest property and casualty insurer in the U.S., will recall more than 800,000 toy bears given away by the company's agents because they pose a choking hazard." The company received one report that an 18-month-old had placed in her mouth a plastic eye from one of the 800,000 Good Neigh Bear plush toys wearing brown State Farm shirts that State Farm had distributed from September 2005 to March 2007. Consumers are being advised to keep the promotional toys away from young children, and to call State Farm or visit its website for further instructions.

PLAYGROUND INJURIES

Playgrounds are fun and exciting places for children. They can help to build dexterity, and they are a great place to make new friends.

Each year, doctors and hospitals treat more than 500,000 injuries related to playground equipment. The vast majority of injuries on the playground are connected with climbing equipment and swings. Injuries are also related to slide use and, to a lesser degree, to teeter-totters and seesaws. More than half of injuries on a playground result from falls to a surface. Because falls are the most common type of playground accident, there should be special attention to preventing falls and lessening their severity.

Children fall because they slip, lose their grip, or lose their balance while playing on monkey bars, swings, slides, merry-go-rounds, and seesaws. Often they are hurt not only by the fall, but by being struck by the equipment as they fall.

SUPERVISION is the key! - Close supervision by a responsible adult may be the most important factor in preventing playground injuries. Age appropriate equipment and carefully designed playground layouts, by themselves, won't be enough to prevent all injuries that may occur. Focused supervision and proper instruction in the use of the equipment, as well as monitoring and enforcement of the rules, is important to supplement the proper surfaces, equipment design, and maintenance.

CHECK THE EQUIPMENT - Parents, relatives, teachers, babysitters, or anyone who sends or brings children to the playground should periodically inspect the facility for hazards. Report any problems to the proper officials. Don't let your children use that playground until the authorities have completed repairs. Schools and cities should keep playgrounds in good condition by inspecting and maintaining the equipment throughout the year. The most popular equipment on a playground might wear out quickly.

PROPER PLAYGROUND SURFACE - The type of surface on the playground is the most important factor in the number and severity of injuries due to falls. The number and severity of injuries can be reduced by using softer surfaces, such as wood mulch or chips, shredded tires, or sand. Hard surfaces, such as asphalt and concrete, would result in the most severe injuries and are unsuitable under any playground equipment. Soil, packed dirt, grass, and turf are not recommended for surfacing, because their ability to absorb shock can be affected greatly by weather conditions and wear.

Beginning Teenage Drivers

WHAT PARENTS OF TEENAGERS CAN DO - With or without a strong graduated licensing law, parents can establish effective rules. In particular:

Don’t rely solely on driver education. High school driver education may be the most convenient way to learn skills, but it doesn’t produce safer drivers. Poor skills aren’t always to blame. Teenagers’ attitudes and decision-making matter more. Young people tend to rebel, and some teens seek thrills like speeding. Training and education don’t change these tendencies. Peers are influential, but parents have much more influence than typically is credited to them.

Know the law. Become familiar with restrictions on young drivers. Then enforce the restrictions. To learn about the law in the state where you live, go to: www.iihs.org/laws/state_laws/grad_license.html.

Restrict night driving. Most young drivers’ nighttime fatal crashes occur between 9 p.m. and midnight, so teenagers shouldn’t be driving much later than 9. The problem isn’t just that such driving requires more skill behind the wheel. Late outings tend to be recreational, and even teens who usually follow the rules can be easily distracted or encouraged to take risks.

Restrict passengers. Teenage passengers riding in a vehicle with a beginning driver can distract the driver and/or lead to greater risk-taking. About 6 of every 10 deaths of teenage passengers occur in crashes with teen drivers. While driving at night with passengers is particularly lethal, many of the fatal crashes involving teen passengers occur during the day. The best policy is to restrict teenage passengers, especially multiple teens, all the time.

Supervise practice driving. Take an active role in helping your teenager learn to drive. Plan a series of practice sessions that include a wide variety of situations, including night driving.
Give beginners time to work up to challenges like driving in heavy traffic or on the freeway. Continue to supervise practice driving by your teenager after graduation from a learner’s permit to a restricted or full license.

Remember that you’re a role model. New drivers learn a lot by example, so practice safe driving yourself. Teenagers who have crashes and violations often have parents with poor driving records.

Require safety belt use. Don’t assume that belt use when you’re in the car with your 16 year-old means a safety belt will be used when your child is driving alone or out with peers. Insist on using safety belts all the time.

Prohibit driving after drinking alcohol. Make it clear to your child that it’s illegal and highly dangerous for a teenager to drive after drinking alcohol or using any other drug. While alcohol isn’t a factor in most of the fatal crashes that involve 16-year-old drivers, even small amounts of alcohol are impairing for teenagers.

Choose vehicles with safety, not image, in mind. Teens should drive vehicles that reduce their chances of crashing in the first place and then offer protection from injury in case they do crash. For example, small cars don’t offer the best occupant protection in case of a collision. Avoid vehicles with performance images that might encourage a teenager to speed. The best vehicle choice for your teenager, and for everyone else in your family, is one that’s equipped with the latest safety technology including side airbags that protect people’s heads and electronic stability control.

FOR MORE INFORMATION - http://www.iihs.org/brochures/pdf/beginning_drivers.pdf

ABOUT YOUR AIR BAGS

Virtually all new cars have airbags, and they’re saving lives. They’re reducing driver deaths by about 14 percent, and passenger bags reduce deaths by about 11 percent. People who use safety belts may think they don’t need airbags. But they do. Airbags and lap/shoulder belts work together as a system, and one without the other isn’t as effective. Deaths are 12 percent lower among drivers with belts and 9 percent lower among belted passengers.

But there also are problems with airbags. Inflating bags have caused some serious injuries and deaths.

• Position Is What Counts
• Kids in the Back
• Adults: Buckle Up and Sit Back

On/Off Switches for Airbags

The federal government has set criteria for the very few cases when airbag on/off switches may be needed to avoid injury risk. But getting a driver airbag switch makes sense only when someone — for example, a very short person — has tried various positions and cannot comfortably drive while sitting back and away from the steering wheel. A woman late in pregnancy who cannot get her abdomen away from the steering wheel also may wish to get permission for a switch based on medical need. But remember that in a serious crash without an airbag, sitting so close to the wheel means a high risk of hitting it.

FOR MORE INFORMATION - www.iihs.org/brochures/pdf/about_airbags_english.pdf

SEAT BELT USE HELPS PROTECT FETUS AS WELL AS MOM

Pregnant women shouldn’t be afraid of harming their fetuses if they buckle up, say the authors of a University of Michigan Transportation Research Institute study of safety belt use during pregnancy. In fact, if every expectant mother were properly restrained an estimated half — or about 192 — of all reported pregnancy losses in crashes could be prevented each year.

Another finding is that airbags don’t “appear to worsen fetal outcomes” if mothers use lap/shoulder belts. This is important because some prior case studies have suggested that belts or a deploying airbag can harm a fetus during a crash. The Transportation Research Institute’s study suggests that “restraints protect the fetus by protecting the mother, because maternal injury is predictive of fetal outcome and proper restraint reduces maternal injury. Protecting the mother is the crucial factor for protecting the fetus.”

This study supports prior recommendations that pregnant women use safety belts. What’s different is that the new study looks at not only restraint use but also the severity of a range of crashes that included both positive and negative outcomes for the fetuses.

Researchers studied data from 57 real world front and side crashes involving pregnant women with fetuses of at least 20 weeks’ gestation. A dozen fetuses died, and 11 suffered major complications such as premature delivery and neonatal respiratory distress. Forty-one women were properly restrained, 6 improperly restrained, and 10 were unrestrained. None of the women used just a lap belt. The authors caution that the study excluded rollovers while including a more-than expected number of severe crashes, which are associated with pregnancy loss.

The fate of a fetus was strongly tied to how severe the crash was and how badly the mother was injured. The more severe a crash and/or a woman’s injuries, the more likely the fetus was to be seriously injured or killed.

For any given crash severity, fetuses of women who weren’t properly belted were more likely to be injured during the crash than those carried by women who were properly restrained. An estimated 62 percent of all fetal losses in motor vehicle crashes in the United States each year involve unbelted pregnant women. In the study, 8 of 10 unrestrained women had adverse fetal outcomes, including serious injury or fetal loss.

The National Highway Traffic Safety Administration advises pregnant women to position the lap belt low across the pelvis and below the belly, not on it. Shoulder belts should cross the chest and never be used behind the back or under an arm. Sitting at least 10 inches or more from the steering wheel or dashboard is recommended, especially as pregnancy progresses.

“Fetal outcome in motor-vehicle crashes: effects of crash characteristics and maternal restraint” by K.D. Klinich et al. is published in American Journal of Obstetrics & Gynecology (April 2008).

For more information - http://www.iihs.org/externaldata/srdata/docs/sr4307.pdf

State of Florida Seat Belt Laws

In a car crash you are much more likely to be killed if you are not wearing a seat belt. That is why Florida has seat belt laws. The law states that the front seat passengers must wear seat belts. This law applies to any car manufactured since 1968. In addition, all passengers under 18 years old must wear a seat belt or be otherwise restrained by a child car seat. It is against the law to operate a vehicle if all the passengers do not meet these standards.

The cost for a seatbelt violation is $30. Below is a summary of the Florida seat belt law. For a child that is not properly restrained the violation is $60.

Summary of Mandatory Seat Belt Laws

• Seat belt laws apply to all cars, pickup trucks, and vans operated on Florida roads.
• All passengers in the front seat must wear a seat belt.
• All passengers under 18 must wear a seat belt

Florida Child Restraint Requirements

• Children 3 and younger must be secured in a federally approved child-restraint seat.
• Children 4 through 5 must be secured by either a federally approved child restraint seat or safety belt.
• The Driver is responsible for buckling up the child.

Why is it Important to Wear a Safety Belt?

Seat belts protect you from being thrown from a vehicle. If you are thrown from a vehicle your risk of death is five times greater. By securing you in your seat, a seat belt protects you from being thrown into other people in the car and parts of your car. In addition, seat belts keep the driver in their seat so they can control the car.

Always Wear your Safety Belt

The Florida safety belt laws apply at all times. Regardless if you are on a short trip in your neighborhood or driving hundreds of miles on the turnpike - always wear your seat belt.
Full details of the Florida Safety Belt law can be found in the Florida driver’s manual at: www.dmvflorida.org/florida-drivers-manual.shtml

Florida Victims of Accidents Caused by Governmental Negligence Face Limited Recoveries

Many of our client's are surprise to learn that anyone injured by the negligent actions of any employee of the State of Florida, any of its political subdivisions, including those employees of a County or City, is limited, regardless of how seriously they are injured, to a maximum recovery of $100,000.00. This limitation or cap, which applies to car accidents, slip and falls, and even medical malpractice occurring at a County run hospital, is known as sovereign immunity.

The Florida Legislature passed this law, known as Florida Statute section 768.28, to shield governments from paying for all of the damages caused by their employee's negligence, while allegedly giving accident victims a source of recovery. Unfortunately, for Florida accident victims, especially those who are catastrophically injured, the $100,000.00 cap is woefully inadequate.

Only in the rarest of circumstances does the Florida Legislature entertain, much less pass, a "Claims Bill," which may provide an accident victim with a greater recovery, only if the Legislature and the Governor enact a specific law to help a specifically injured person. Even when the governmental entity, which caused the catastrophic injury, wants to pay the accident victim more than the $100,000.00 cap, the victim must go through the difficult process of pursing a Claims Bill.

If you or a loved one is in need of legal assistance, call the TRIPP LAW FIRM (888) 392-LAWS (5297). The initial consultation is free of charge, and if we agree to handle your case, we will work on a contingency fee basis, which means we get paid for our services only if there is a monetary recovery of funds. In many cases, a lawsuit must be filed before an applicable expiration date, known as a statute of limitations. Please call right away to ensure that you do not waive your right to possible compensation.

Tricks to winning insurance battle

A report issued by the American Association for Justice, Tricks of the Trade: How Insurance Companies Deny, Delay, Confuse and Refuse, offers these tips for getting your insurance company to pay what it owes:

• Read your policy carefully: Know exactly what is covered and how to appeal a denial by your insurance company.

• Be very careful filling out forms: Even if you make an honest mistake your insurance company may seize on that as a reason to retroactively deny your coverage.

• Do not cash a premium refund check: If your insurance company rescinds your insurance, it may send you a refund for the premiums you paid. Cashing it may be interpreted as accepting its decision.

• Put everything in writing: Calling your insurer is likely to be a frustrating experience and you won't be able to prove anything a rep tells you on the phone. Keep records of all bills and correspondence.

• Contact the Department of Financial Services: As the state insurance regulator, it may be able to help you (877-693-5236, toll-free). But it will not represent you in a private matter, so you may still need to consult an attorney.

• And most of all, do not give up: Insurance companies count on it.

CALL THE TRIPP LAW FIRM FOR A FREE CONSULTATION TO DISCUSS YOUR LEGAL RIGHTS 1 (888) 392-LAWS (5297).

GM - Recalls 277,000 vehicles

GM recalled about 277,000 vehicles on Friday because of a potential defect in the shift lever that could cause a vehicle to roll away.GM said the recall involves 2009 model year versions of the Buick Enclave; Chevrolet Cobalt, HHR, Malibu and Traverse; GMC Acadia; Pontiac G5 and G6; and the Saturn Aura and Outlook. GM spokeswoman Carolyn Markey said about 75,000 of the recalled vehicles had been purchased and the remainder were still at dealerships. Markey said dealers were inspecting the vehicles to see if they had any problems.

No crashes or injuries have been reported, Markey said. In some cases, the shift lever and the transmission gear's position may not match, meaning a driver could move the shifter to the park position but the transmission gear may not be in park. The potential defect could lead to a vehicle rolling away and crashing or make it more difficult for the driver to restart the car. Owners are expected to be notified about the recall in late March.

Dealers will inspect the vehicle and may replace the shift cable if necessary.

IF YOU OR A LOVED ONE HAS BEEN INJURED - CALL THE TRIPP LAW FIRM FOR A FREE CONSULTATION TO DISCUSS YOUR LEGAL RIGHTS 1 (888) 392-LAWS (5297).

Baby shampoos, lotions may contain carcinogens, group says

The Washington Post (3/13, Layton) reports, "More than half the baby shampoo, lotions and other infant care products analyzed by" Campaign for Safe Cosmetics "were found to contain trace amounts of two chemicals that are believed to cause cancer, the organization said Thursday." However, "the chemicals, both characterized as probable carcinogens by the Environmental Protection Agency, are not added intentionally to the products and do not appear on ingredient labels" but "appear to be byproducts of the manufacturing process."

GOLF CARTS & LOW SPEED VEHICLES (LSV)

GENERAL INFORMATION

If the operator of a golf cart of LSV were to commit a traffic infraction like running a stop sign, crossing over two lanes of traffic to make a left turn, speed greater than 20 mph (golf cart) 25 mph (LSV), the operator could be issued a traffic citation. Remember, golf carts and LSV’s are much smaller than regular motor vehicles and will lose the battle every time. There are no air bags or a chassis to absorb impacts.

Always use your turn signals, and check your blind spots. When turning left, always move into the motor vehicle traffic lane and turn from that position. NEVER make a left hand turn from the golf cart lane. Due to the small size and limited visibility of the directional lights on a golf cart, use hand signals to indicate your intentions.

LOW SPEED VEHICLES

Florida Statute 320.01(42) defines a Low Speed Vehicle (LSV) as a four wheel vehicle whose top speed is greater than 20 mph but does not exceed 25 mph.

Florida statute 316.2122 states that a low speed vehicle may operate on streets where the posted speed limit is 35 mph or less. The vehicle can also cross intersecting roadways where the speed is greater than 35 mph. It also requires that the operator of a low speed vehicle must be a licensed driver. The vehicle must have a registered license plate and be insured. The vehicle must be equipped with standard safety equipment. A simple rule of thumb: An LSV can be operated like an automobile on a road whose speed limit is 35 mph or less. There are numerous makes of low speed vehicles, some look like golf carts while others are readily identifiable.

LEGAL RESPONSIBILITIES

Florida Statute 320.01(22) specifies that a golf cart is a vehicle that is NOT capable of exceeding 20 mph. It should be noted that it is illegal for a manufacturer or a dealer to make, modify or sell any golf cart that is capable of speeds greater than 20 MPH. Violations of this restriction could result in charges being brought against the person or company producing or modifying said vehicle.

If you have been injured in a golf cart or low speed vehicle accident - CALL THE TRIPP LAW FIRM FOR A FREE CONSULTATION TO DISCUSS YOUR LEGAL RIGHTS 1 (888) 392-LAWS (5297).

The IMPORTANCE of Uninsured/Underinsured Motorist Coverage

To protect yourself financially against damage or injury from an uninsured (UM) or underinsured motorist (UIM), you must buy adequate amounts of UM/UIM coverage, according to the Insurance Information Institute.

A new study by the Insurance Research Council indicates that there is a strong correlation between the percentage of uninsured motorists and the unemployment rate. Based on current unemployment rate projections, the Insurance Research Council forecasts that the percentage of uninsured motorists will likely rise from 13.8 percent in 2008 to 16.1 percent in 2010.

“Most people don’t think about the uninsured or underinsured motorist coverage portion of their auto insurance policy until they are the victim of a hit and run accident, or are involved in a crash with a driver who either does not have auto insurance or has very minimal insurance,” pointed out Jeanne M. Salvatore, senior vice president and consumer spokesperson for the Insurance Information Institute.

Uninsured/underinsured motorist coverage provides a very important financial safety net for drivers and their passengers. It even provides protection if you are hit by a car as a pedestrian. UM/UIM coverage is an optional coverage but is one that should NEVER be rejected on your automobile policy.

“Consumers should consider purchasing the same amount of uninsured/underinsured motorist coverage that they purchase for their liability to others,” Salvatore stated. “This will help to make drivers financially whole in case they are unable to collect if they get into a crash with an at-fault driver who has little or no insurance.”

Drivers who properly protect themselves with UM/UIM motorist coverage can submit the loss directly to their insurance company. Some insurers may even offer an endorsement to a policyholder’s umbrella or excess liability policy that allows the higher limits to come into play, if necessary.

According to the most recent data from the National Association of Insurance Commissioners, the average uninsured motorist coverage claim was $19,650 for bodily injury.

If you have been injured due to the negligence of an uninsured or underinsured motorist: CALL THE TRIPP LAW FIRM FOR A FREE CONSULTATION TO DISCUSS YOUR LEGAL RIGHTS 1 (888) 392-LAWS (5297).

DOG BITES

Even the cuddliest, fuzziest, sweetest pup can bite. Most people are bitten by their own dog or one they know. Unwisely, some owners actually promote aggression in their dogs or allow aggression to go unchecked.

From nips to bites to actual attacks, dog bites are a serious problem. Dog bite victims requiring medical attention in the United States number approximately 800,000 annually. Countless more bites go untreated. On average, about a dozen people die each year from dog bites.

Who's being bitten?

Statistically, the numbers of recorded dog bites are significantly higher in children than adults. The elderly and home service providers such as mail carriers and meter readers are also high on the list of frequent dog bite victims. CAUTION: Never leave a baby or child alone with a dog.

IF YOU are bitten

If your own dog bit you, confine it immediately and call your veterinarian to check your dog's vaccination records.

If someone else's dog bit you, first seek medical treatment for the wound. Next, contact authorities and tell them everything you can about the dog: the owner's name, if you know it; the color and size of the dog; where you encountered the dog; and, if and where you've seen it before. These details may help animal-control officers locate the dog. In addition, consider asking your physician if post-exposure rabies treatment may be necessary.

Dogs are wonderful companions. By acting responsibly, owners not only reduce the number of dog bites, but also enhance the relationship they have with their dog.

Accordingly, if you have been bitten by a dog, you may be able to file a premises liability claim against the responsible owner of the dog. Recoverable damages could include past and future medical expenses, loss of wages, and other foreseeable damages resulting from the injury. You can also file a personal injury action against the owner of the dog that caused your injury.

CALL THE TRIPP LAW FIRM FOR A FREE CONSULTATION TO DISCUSS YOUR LEGAL RIGHTS 1 (888) 392-LAWS (5297).

Trampoline injuries

Using a trampoline is promoted as fun. But the growing popularity of trampolines among eight year-olds to adults is resulting in a dramatic increase in serious injuries - including broken necks, spinal cord injuries, and disabling head traumas, many of which result in permanent paralysis as well as death. In addition, trampolines are responsible for many less serious injuries such as broken bones, including legs, arms, and other parts of the body, as well as different types of dislocations and muscle damage.

If you or a loved one has suffered a serious injury as a result of a trampoline accident, you should consult with a personal injury lawyer as soon as possible to determine your legal rights. There is no charge or commitment for such a consultation. An accident that may appear to be no ones fault or your own fault could still result in economic recovery for you.

Responsible litigation of trampoline cases as well as adequate reporting to the CPSC has led to improved safety and standards in regard to trampoline usage and marketing. Responsible litigation also has frequently resulted in providing adequate economic recovery to provide both life care and lifetime medical expenses for those seriously injured from trampoline accidents.

If you or a loved one has been injured on a trampoline, CALL THE TRIPP LAW FIRM FOR A FREE CONSULTATION TO DISCUSS YOUR LEGAL RIGHTS 1 (888) 392-LAWS (5297).

Swimming Pool / Diving Accidents

Swimming and diving accidents can occur in residential swimming pools, hotel swimming pools, public swimming pools, water parks, beach accidents and other such places. Swimming pools present an especially dangerous hazard for toddlers and small children when they are left uncovered or unsupervised.

Tragically, drowning in swimming pools is one of the leading causes of death for people under the age of 14. In fact, more people of all ages die in swimming pool related drowning than any other type of water activity. The real tragedy of these deaths is that a significant portion of them could have been prevented if only pool owners and operators followed routine safety precautions.
Accidents at swimming pools can be severe, disabling or fatal. The combination of water and hard surfaces can result in serious consequences for those engaging in negligent, inattentive or reckless behavior around swimming pools. It is a sad fact that most swimming pool accidents involve children playing around pools without adequate supervision.

The injuries characteristic of swimming pool accidents can include:

· Head injuries ranging from concussion to severe brain trauma
· Fractures, broken bones and soft tissue damage to knees, ankles, or shoulders suffered in falls onto hard poolside surfaces
· Spinal cord damage resulting from diving accidents
· Brain damage resulting from near drowning accidents
· Death by drowning or other injury

In addition to private residence pools, owners and operators of public pools, apartment building pools, community pools, health club pools, and hotel/motel pools all have a legal responsibility to provide a safe environment.

Accordingly, if you have suffered a diving injury or been injured in a swimming pool accident, you may be able to file a premises liability claim against the responsible owner of the pool if you can prove that the owner was negligent, that that negligence caused an injury, and that damages occurred as a result of that injury. Recoverable damages could include medical expenses, loss of wages, and other foreseeable damages resulting from the injury. You can also file a personal injury action against any individual whose negligence caused you to suffer a swimming or diving injury.

CALL THE TRIPP LAW FIRM FOR A FREE CONSULTATION TO DISCUSS YOUR LEGAL RIGHTS 1 (888) 392-LAWS (5297).

Traumatic Brain Injury

According to the Centers for Disease Control and Prevention (CDC), a Traumatic brain injury (TBI) is a serious public health problem in the United States. Each year, traumatic brain injuries contribute to a substantial number of deaths and cases of permanent disability. Recent data shows that, on average, approximately 1.4 million people sustain a traumatic brain injury annually.
A TBI is caused by a bump, blow or jolt to the head or a penetrating head injury that disrupts the normal function of the brain. Not all blows or jolts to the head result in a TBI. The severity of a TBI may range from “mild,” i.e., a brief change in mental status or consciousness to “severe,” i.e., an extended period of unconsciousness or amnesia after the injury. The majority of TBIs that occur each year are concussions or other forms of mild TBI.
If you or a loved one has sustained a traumatic brain injury, CALL THE TRIPP LAW FIRM FOR A FREE CONSULTATION TO DISCUSS YOUR LEGAL RIGHTS 1 (888) 392-LAWS (5297).

Bluffton bus crash: Judge removes insurers from lawsuit

BLUFFTON - U.S. Sen. Sherrod Brown used Monday's two-year anniversary of the Bluffton University bus crash in Atlanta to push for stronger safety legislation for motorcoaches.

The anniversary also brought news of an Allen County court ruling that the two insurance companies for the school cannot be held liable for the accident.

The fatal crash on Interstate 75 in Atlanta in 2007 killed seven people, including five members of the school's baseball team.

Brown and U.S. Sen. Kay Bailey Hutchison, R-Texas, announced plans to reintroduce the safety legislation in the Senate. Companion legislation in the U.S. House is being sponsored by Rep. John Lewis, D-Ga.

"In the two years since the Bluffton University bus crash, it has become clear that we need motorcoach safety reform and we need it now," Brown said.

The legislation would require:

• Safety belts and stronger seating systems to ensure occupants stay in their seats during a crash.

• Anti-ejection glazing on windows to prevent passengers from being easily thrown outside the motorcoach.

• Strong, crush-resistant roofs that can withstand rollovers.

• Improved protection against fires by reducing flammability of the motorcoach interior, and better training for operators in the case of fire.

• Improved commercial driver training. Currently, no training is required by federal regulation.

• Electronic On-Board Recorders with real-time capabilities to track precise vehicle location, and recorded data not accessible to manipulation by a driver or motor carrier.

Lewis said the legislation has bipartisan support and that delaying its passage could cost lives.

"The Bluffton accident reminds us all that buses carry precious cargo - our sons and daughters, husbands and wives, parents and grandparents," Lewis said. "That is why we must take the steps to ensure that passengers are as safe on buses as they are in cars and require U.S. Department of Transportation to demand improved protection standards of bus manufacturers."

Several lawsuits have been filed concerning the crash.

Judge Richard Warren, of Allen County Common Pleas Court, last week dismissed Federal Insurance Co. and American Alternative Insurance Corp. from a lawsuit filed in the crash. The companies insured the university for $20 million.

Warren said Executive Coach, not Bluffton University, was responsible for the conduct of bus driver, Jerome Niemeyer. The bus company controlled who drove the bus, not the university, the judge said in his ruling.

Furthermore, the university did not have control over Niemeyer's employment because he was an employee of the bus company, Warren said.

Because Niemeyer was an employee of the bus company the university was not responsible for his actions and bears no liability, the judge said.

Niemeyer was driving a bus for Executive Coach on March 2, 2007, taking the Bluffton University baseball team to a tournament in Florida. He drove the bus up a left-lane exit ramp that feeds a bridge over Interstate 75 in Atlanta. The bus went off the bridge and landed on the interstate below.

Niemeyer and his wife were killed along with the five players. Numerous others on the bus were injured. Officials reviewing the crash speculated Niemeyer mistook the exit ramp for a highway lane and drove up it at full speed.

Warning: Don't wear medication patches during MRI

WASHINGTON (AP) - Need an MRI scan? Tell the doctor if you use any kind of medication patch - from nicotine patches to hormone - releasing ones - or you risk a burn during the MRI. Patches that ooze medication through the skin are becoming more popular, and the Food and Drug Administration just discovered that not all of them carry the required MRI warning. Some drug patches contain aluminum or other metals in their backing, the part that makes them stick to the skin. It's just enough metal to conduct electricity, burning the skin. The FDA is issuing a public health warning after learning of some burned patients. The advice: Tell your doctor about any patches, so the professional can advise which should be removed and when.

Court rules business liability waivers unenforceable against minors.

The Insurance Journal recently reported, "The Florida Supreme Court has ruled that a parent can't execute an injury liability waiver for a minor child when the liability release involves participation in a commercial, as opposed to community or nonprofit, activity" as "such releases are more in the interest of the commercial interests requiring them than they are in the best interests of the public or the child who may be injured, the court found." The wrongful death suit arose after a child wrecked his ATV at Thunder Cross Motor Sports Park. His father had signed a "release and waiver of liability, assumption of risk and indemnity agreement" for his son in order to "gain entry."

Bicycle Safety

According to The American Red Cross of Central Florida:

• Many bicycle injuries can be prevented by wearing a helmet. Always wear a correctly-fitting helmet when riding. Even children using tricycles or bikes with training wheels should wear helmets. Adults should also wear helmets at all times, including when riding with children. The Bicycle Helmet Safety Institute has more information on how to fit a helmet.
• Be sure that helmets meet standards set by the Consumer Product Safety Commission (CPSC), the Snell Memorial Foundation or the American Society for Testing and Materials (ASTM). Look for a label or a sticker on the box or inside the helmet indicating that it meets the above standards.
• Wear closed shoes when riding a bike.
• Make sure your bike and your child's bike have good brakes, a front light and effective reflecting material.
• Ride only in safe areas and at safe times.
• Make sure bikes are the correct size for the rider.
• Learn about bicycle etiquette, laws, and safe riding practices and teach your children about them.

March is Florida Bicycle Month

Did you know? By Florida Law, bicycles are vehicles and have the same right of way to the roadway. As of 10-1-2007 it is Florida Law to pass cyclists by a minimum of 3 feet.
It is best for both bicycle riders and motorists to ride and drive in a respectful manner. Florida roads are to be shared by those who ride bikes and those who drive cars and trucks.

Bicycle Rules of the Road - Bicycle safety is a two-way street.

Be aware of these basics Rules of The Road

ONE - Bicyclists may ride on all Florida roads, except where restricted.
TWO - Bicyclists should ride on the road, and must ride in the same direction as traffic.
THREE - Motorists must at all times maintain a three-foot clearance when passing a bicyclist.
FOUR - Bicyclists must obey all traffic control signs and signals, just as motorists.
FIVE - Motorists and bicyclists must yield the right-of-way to each other.
SIX - Bicyclists should signal their turns and should ride in a predictable manner.
SEVEN - Lights and reflectors are required at night.
EIGHT - Bicyclists should always wear helmets.

http://floridabicycle.org/resources/pdfs/bicyclemonthproclamation09.pdf

It's not your imagination: FL leads in motorcyclist deaths If you’re in a wreck, and you’re on a motorcycle, you’re 35 times as likely to die than

According to the National Highway Traffic Safety Administration, if you’re in a wreck, and you’re on a motorcycle, you’re 35 times as likely to die than if you had been in a car.

More people are riding motorcycles than ever before. The Motorcycle Industry Council says sales have been on the rise since 1993. The U.S. Transportation Department says 350,000 motorcycles were sold in 1997 — and 1.2 million in 2006.

So it's not all that surprising that more people are also dying on motorcycles than ever before. Those stats have gone up 10 straight years. The numbers actually are sort of startling. In '97, 2,110 people died on motorcycles; in '06 — 4,810.

It's more dangerous to ride a motorcycle than it is to drive a car. It just is. For obvious reasons.
If you're in a wreck, and you're on a motorcycle, you're 35 times as likely to die than if you had been in a car. That's according to the National Highway Traffic Safety Administration.

And the state with the most motorcycle deaths? - The Sunshine State.

More than second-place California. A lot more than third-place Texas. Makes some sense. Big state. Warm weather. Here, though, is where the numbers get a little more muddled. According to the Florida Department of Highway Safety and Motor Vehicles, these are the motorcyclist fatality stats for the state for the last few years: 441 in '05, 521 in '06. Then 517 in '07. Then 489 in '08. That '08 number is considered "preliminary" and could still go up because some law enforcement agencies lag on reporting their data to the state. For now though, check it out — a bit of a plateau. "We don't have an explanation," said Courtney Heidelberg of the Florida Department of Highway Safety and Motor Vehicles. "We measure the what. We don't measure the why." Maybe it's the state's efforts to up awareness.

Last year's "Ride Proud. Dress Loud." campaign urged riders to increase their visibility on the roads by wearing brightly colored clothes. Or maybe it's the state law that went into effect in July that requires all motorcyclists to pass the basic ride course to get a license — although a quarter of the people who die in motorcycle accidents don't have the proper license.

Or maybe it's all those LOOK TWICE SAVE A LIFE bumper stickers. That campaign was started 14 years ago by a couple in Georgia after their 25-year-old son died on a motorcycle. They say they've distributed 650,000 stickers worldwide. Or maybe it's just that people are driving less these days. Gas prices. The economy. The number of overall deaths in motor vehicle wrecks in the first 10 months of '08 was down 10 percent from the first 10 months of '07.
The only certainty: Every time a motorcyclist dies in west-central Florida, guaranteed, people will blame the people in the cars, the people on the motorcycles, even the poor snowbirds. Some people will say the bikers got what they deserved. Other people will tell those people to watch their mouths.

"Motorcyclists think car drivers don't look out for them," said Marianne Trussell, the chief safety officer for the state Department of Transportation. "And car drivers think motorcyclists drive too recklessly."

Therefore, LOOK TWICE SAVE A LIFE!

New Jersey man wins $1 million for UPS whistleblower suit.

MSNBC-Online (3/6) reports, "A New Jersey jury has awarded a Flemington man $1 million after finding that his bosses at United Parcel Service retaliated against him after he complained that managers were violating company policies."

Nautilus Bowflex devices recalled due to reported injuries.

The Atlanta Business Chronicle (3/4) reports, "Nautilus Inc. is recalling 78,000 of its Bowflex Ultimate 2 Home Gyms because of the dangers that seat rails will unlatch." There have been "at least 18 people...injured so far, with some customers suffering cuts to their heads and shoulders; some of the cuts required stitches." CNN-Online (3/4, Rooney) reports, "Fitness product maker Nautilus Inc. is recalling a total of 78,000 Bowflex home gym systems because of safety concerns, federal officials said Tuesday."

Salmonella outbreak traced to sprouts distributor.

The AP (3/4, Gibbs) reports, "Nebraska health officials say a recent outbreak of salmonella in eastern Nebraska and Iowa has been traced to locally grown alfalfa sprouts."

Judge says J&J unit must pay nearly $4 million for misleading physicians about antipsychotic drug.

Bloomberg News (3/4, Fisk) reports that "Johnson & Johnson and its Janssen Pharmaceutica unit must pay West Virginia $3.95 million for misleading doctors about the risks and benefits of...Risperdal," an atypical antipsychotic drug, "a judge ruled." The state's attorney general "sued Johnson & Johnson and its Janssen unit in 2004, claiming the companies violated the state's consumer protection act by claiming the drug was safer than similar medications." In September 2003, the FDA "required makers of atypicals to warn doctors that such drugs were associated with an increased risk of diabetes." In November of that year, "Janssen...sent out 'false and misleading' letters to doctors that downplayed the risks" associated with the drug, the judge said in his decision.