Jacksonville Personal Injury Lawyer

Buckle Up On The Boat This Holiday Weekend

Eddie Farah — Thu, 02 Jul 2009 22:21:20 GMT

A warning before you head out this July 4^th weekend on the coastal or Intracoastal Florida waters – The Coast Guard says this holiday is the deadliest one for Florida boaters.

The Coast Guard, as well as Florida Fish and Wildlife, will be out patrolling the waterways this Independence Day holiday. Their message- wear a life jacket!

Not unlike a car, wearing a life jacket is a must when there are more boats on the water, especially at night when it’s difficult to see. Also people paying attention to the fireworks are not likely to be paying attention to their surroundings, so it’s always a good idea to have a second observer watching out for where you are going and looking for any hazards, such as debris, in the water.

Another thing to remember- just like driving a car – don’t drive a boat drunk. Alcohol is a known factor in about 20 percent of fatal boating accidents, so if you plan on drinking name a designated driver. The sun, noise, and wind are considered stressors that intensify the affects of alcohol and drugs.

According to the Coast Guard, national boating statistics showed the numbers of deaths from 2006 to 2007 dropped from 710 to 685. Unfortunately the number of accidents rose during the same period from 4,967 to 5,191.

Over two-thirds of fatal boating accidents involved drowning and of those 90 percent were not wearing a life jacket. The Coast Guard reports that three-quarters of drowning occurred in boats less than 21 feet. And the majority occurred on boats where the operator had not received safety instructions.

When out in deep water, running out of gas is a problem for some who are not paying attention. The Coast Guard will be bringing extra fuel containers onboard for those boaters. And after ten hours on the water – don’t forget about the drained batteries you will need to get back home.

Many experienced boaters say this weekend is one they decide to leave the boat in the dry dock!

Originally posted at InjuryBoard by Eddie Farah

Deputy and Girlfriend Hurt In ATV Accident

Eddie Farah — Sat, 27 Jun 2009 22:42:00 GMT

A Baker County, Florida deputy and his girlfriend were riding their all-terrain vehicle last Sunday night when they went off the road and hit a tree in the Osceola National Forest.

Deputy Matt Sigers was a bit roughed up but was treated at the hospital and released. His girlfriend, 21-year-old Ashley Davis was not as lucky. Both suffered head injuries and she was listed in critical condition. Neither individual was wearing a helmet. Alcohol was not a factor in this crash.

Davis has since had to endure surgery to relieve pressure on the brain from a blood clot. She had her spleen removed but was able to move her toes and fingers, always a concern in a neck and head injury. She is also on a special ventilator reportedly brought in from Orlando.

Our condolences go out to both families with wishes that they pull through this accident.

State law says that helmets on ATVs are optional in Florida and in a rural area like Baker County, many riders fail to wear any safety gear. The Florida Highway Patrol reports that statewide there were at least 30 more crashes involving ATVs in 2007 than the previous year. Figures for 2008 have not been released.

And even though we don’t know whether this Yamaha was a Rhino, if it was it has a reputation as a dangerous and defectively designed. With a high center of gravity and small wheels, the Rhino can rollover easily resulting in serious injury. These are so unstable they can even role on a flat surface. At the very least a helmet should be mandatory if you care about your life and that of your passenger.

Originally posted at InjuryBoard by Eddie Farah

Nurse Hit-and-Run Victim Outside Hospital, Suspect Arrested

Eddie Farah — Wed, 24 Jun 2009 23:25:13 GMT

Police in Jacksonville have arrested a man they say is responsible for hitting a nurse outside of Shands Hospital Sunday night, then driving off.

The victim, Karen Elaine Hanel, 54, was hit as she was reporting to work and walking in a crosswalk outside the hospital around 7 p.m.

Dvon Biggs, 34, says he was looking in his mirror and didn’t see the woman. He then made the grave mistake of leaving the scene. Biggs says he didn’t have a valid license.

We are so sorry for the family of Hanel and wish her the speediest of recoveries. Her condition is not known at this time.

Biggs has taken a bad situation and made it worse. Not only were police following him for running a stop sign before he hit Hanel, but after he hit her, he continued speeding through downtown Jacksonville until eventually he ran into an occupied home to hide.

Officers arrested him shortly before 11 p.m. and he is now jailed, facing numerous charges, including leaving the scene of an accident, and is being held on $235,000 bond.

State law requires you stay at the scene of an accident. It is not an admission of guilt. To hit-and-run only increases the charges and rightly so.

Again, we wish this innocent victim well in her recovery. #

Originally posted at InjuryBoard by Eddie Farah

Police Report On Little Girl Left In Vehicle To Die

Eddie Farah — Sun, 21 Jun 2009 16:15:38 GMT

The St. Johns County Sheriff’s department is releasing details about what happened to a one-year-old who was left inside a car to die. On Sunday, June 14, Arianna Long was left in the automobile after her father dropped the mother off at work. It was very early in the morning.

Arianna was in her car seat in the back and her father assumed she was with relatives. Long remained for several hours inside the car, parked outside her St. Augustine home. When she was finally found, she was not breathing. The little girl later died at Flagler Hospital.

The police report says a relative, who was looking for Arianna Sunday morning, saw the car with the engine running and the baby in the back. The keys were in the ignition and the car was locked.

Our hearts go out to the family of Arianna and to the little girl.

Why the car was running is still a mystery. If it was running, why was there no air conditioning? Why were the keys locked inside the car?

Under Florida law, it is illegal to leave a child unattended or unsupervised in a motor vehicle for any longer than 15 minutes. That’s enough time to pull up to a store and grab a bottle of water or get some gasoline. The state can take custody of any child left longer than that.

“Death by hyperthermia” kills 15 to 25 children each year and leaving a child in a car is easier to do than you think. It can happen to anyone, and has. Read this excellent story in the Washington Post on inattentive parents - “Fatal Distraction”.

The consumer organization, Kids and Cars reminds us that there are several things we can do to remind us about kids in the back. First, put something you'll need like your cell phone, handbag, your employee badge, lunch or brief case, etc., on the floor board in the back seat.

Secondly, place a large teddy bear in the child seat when it is not occupied, and move it to the front when it is. Get into the habit of opening the back door of your vehicle every time you reach your destination to make sure no child has been left behind.

And have your child’s day care provider call if the child does not show up on schedule. Provide them with a complete list of names and numbers.

And lastly, as someone who walks through a parking lot, make it a habit to look in the rear seat and be prepared to take action, even if it means breaking out glass, to retrieve a child. You may save a life. #

Originally posted at InjuryBoard by Eddie Farah

Fourth Student Dies After Ford Explorer Rollover

Eddie Farah — Sun, 21 Jun 2009 15:23:09 GMT

Last week we told you about a horrible accident on the last day of school.

Nine teenagers decided going to the beach, so they cut school and crammed into a 1997 Ford Explorer. On their way to the beach, a tire either detreaded or blew, and the 15-year-old driver lost control of the car and it rolled. All of the teens flew out, as none, except the driver, was wearing a seat belt. Three died at the scene. Now a fourth, a teenage girl, has died.

Erin Hurst, 15, died Monday morning, June 15, at Shands Hospital. Two other 15-year-olds and a 17-year-old all died at the scene. All but one attended Ed White High School in Jacksonville. Other students are still listed in critical condition. The driver survived.

Our hearts go out to the parents, friends, and teachers of these young people. Their lives will never be the same. Let’s hope they never forget the lessons to be learned here.

There are so many things that went wrong that day. First, the Explorer is notorious for rollovers. The more recent models have added stability control after hundreds lost their lives from roof crush accidents, but a 1997 model did not have stability control.

An Insurance Institute for Highway Safety report in 2005 found that Explorers made between 1999 and 2002, had the fourth highest rate of driver death of all of the 47 SUVs in the study.

Secondly, tires on the Explorer could have been recalled, had no tread, or been improperly inflated. More than 200 deaths and 700 injuries have been blamed on the Explorer rolling after the tread separates from Firestone tires which were standard equipment on the Explorer.

Thirdly, Florida law states with a learners permit, you must have a driver age 21 or over in the car. It’s not known if the 15-year-old driver had a permit, but no one in the car was older than 17.

Fourth, wear seat belts. 4,540 teenagers killed in a vehicle accident in 2007, 2,502 were unbelted at the time of the crash, according to federal statistics.

What are the lessons here for parents? Don't overload vehicles, wear your seat belts, and make sure tires have tread, are properly inflated and not on a recall list. Show your children that you value safety and care to maintain your vehicle with safety in mind. Share those important safety lessons with your kids before it is too late. #

Originally posted at InjuryBoard by Eddie Farah

Florida Hit-And-Run Driver Arrested

Eddie Farah — Sun, 14 Jun 2009 23:00:00 GMT

This is an accident that had the potential for a very bad ending. Friday night, 16-year-old Allison Almon was walking her two dogs when someone hit her from behind with their vehicle and left the scene and Almon in the road.

It happened on Cornell Road in St. Augustine, which has more than its share of speeding vehicles. Fortunately, witnesses saw the whole thing. They told police that a white Pontiac ran off the road, hit Almon they took off.

Almon was hospitalized with non life-threatening injuries but she will still need to be watched. Being hit by a car can carry long-term brain and internal injuries that require long-term care.

Thanks to tips, early Sunday morning police made an arrest. 22-year-old Ginjer Michell Ullman, is now facing third degree felony charges for leaving the scene of a crash with serious injury and careless driving. She could spend several years in prison, especially considering that she is reported to have hid her 1999 Pontiac Sunfire in the woods and removed the tag.

Florida law is very clear – it is not an admission of guilt, but you are required to stay at the scene of a collision with a pedestrian. Unfortunately, many Florida drivers are not insured. An accident attorney should be consulted in this case, to see if there is any uninsured motorist coverage that can help Almon get on the road to recovery quicker, or at least help her parents pay her medical bills.

Ullman did the worst thing she can do in an accident case and is now facing Florida laws, which are designed to protect the pedestrian. We are grateful that Almon appears to be recovering, and her dogs are okay too. #

Originally posted at InjuryBoard by Eddie Farah

Are Red-Light Cameras At Intersections A Good Idea?

Eddie Farah — Sat, 13 Jun 2009 22:17:00 GMT

Red-light runners be warned. The city council of Orange Park near Jacksonville will soon have a candid camera to watch your every move into those intersections that aren’t quite green.

We’ve all seen drivers who run a yellow or red-light - sometimes speeding up to make it even more dangerous. Not only do they risk being T-boned, but they put pedestrians in danger as well.

Now cameras at busy intersections will be triggered when the car enters the intersection after the signal changes and record the time of day, the vehicle speed, and license plate. Each ticket, which the offender will receive in the mail, costs $125. The state would like to take this across Florida.

A revenue generator for the city? Perhaps. But cameras have been shown to substantially reduce red-light running, according to the Insurance Institute for Highway Safety. When they were installed in Fairfax, Virginia and Oxnard, California, cameras reduced red-light running by about 40 percent, and reduced intersection crashes by up to 30 percent.

In 2007, the Institute reported that nearly 900 people were killed and 153,000 were injured in collisions at intersections nationally, about half killed by vehicles running red-lights.

Florida law states you should stop at a yellow light before an intersection, if you can. If the light has just turned yellow and it is safe to proceed and the intersection is clear, you are probably okay. But these things are often left to the discretion of the traffic officer, as many have found.

Just make sure you don't stop suddenly when you remember there is a camera recording your every move. The guy following closely behind you might not have received the memo. #

Originally posted at InjuryBoard by Eddie Farah

Three Teens Mourned After I-295 Wreck

Eddie Farah — Sun, 07 Jun 2009 23:43:05 GMT

The teens were celebrating the end of the school year and cutting school.

Nine kids from Ed White High School in Jacksonville got into a 1997 Ford Explorer and headed to the beach Friday morning. Today their family and friends are mourning the death of three and the injury of six others after the SUV rolled several times and crashed on I-295 Friday morning.

15-year-olds Kimber Krebs, and John Kiely, and 17-year-old Dennis Stout were all killed. Three others remain hospitalized in critical condition after they flew out of the rolling car. Only the driver, 15-year-old Brandon Hodges, who was wearing a seat belt, was hospitalized briefly while two others are in fair condition at a local hospital.

It’s almost hard to believe, but at a church service Saturday the parents didn’t blame the driver. Instead they recognized that all of their children made some bad decisions. Our hearts go out to these parents at their time of grief.

Florida law says that if you have a learners permit you must be with a licensed driver over the age of 21. It’s not known if Hodges had a permit, but no one in the car was older than 17. Charges are reportedly pending against the young teen.

Florida has a mandatory seat belt law, but an Explorer with a third seat has belts for seven passengers. Two were reportedly in the back cargo hold.

Unfortunately, teens do not take seat belt use as seriously as adults. Among the 4,540 teenagers killed in a vehicle accident in 2007, 2,502 were unbelted at the time of the crash, according to federal statistics.

“You’re irreplaceable to us” said Daniel Taylor, father of Dennis Stout at the church service in urging other young people to buckle up.#

Originally posted at InjuryBoard by Eddie Farah

FAA Must Pay $3.75 Million For Doomed Flight Instructions

Eddie Farah — Thu, 04 Jun 2009 23:17:00 GMT

The Federal Aviation Administration has agreed to pay $3.75 million after it gave faulty landing instructions during an emergency in December 2005.

Pilot Gary Tillman of Rome, Georgia, his daughter, Hannah, and her friend Anna Kipp died in the Atlantic off Vilano Beach when the FAA told the plane with engine trouble to fly to the St. Augustine Airport.

That was the critical mistake. Tillman has originally asked for help in making an emergency beach landing nearby, his best option at the time as he was about one mile off Vilano Beach, just north of St. Augustine. But he followed the FAA directions. The FAA is the authority, empowered by Congress to promote aviation safety for civil aviation.

Tillman told the FAA after the instructions, “We’re not going to make it” just before he crashed.

Another teenage friend, Rachel Hostetler, was pulled from the water and was the only one to survive the crash.

Out condolences go out to all of the family members for this crash that did not have to happen had Tillman been directed to the beach instead of south.

As attorney Woody Wilner told the jury, the air traffic controllers were at fault because Tillman had requested a beach landing. “He had one request. You know where I am, you have radar, I don’t,” Wilner said. Instead, the controllers sent him over water. The mistake Tillman made was to listen to what’s supposed to be the ultimate authority in the skies.

Air traffic controllers are there for one purpose, to protect the public. What happened here indicates they did not act fast enough in ascertaining the seriousness of the situation to save these three precious lives. The FAA did not admit any fault in the accident.

Our condolences go out to the survivors of this tragedy who had to relive it during the trial. #

Originally posted at InjuryBoard by Eddie Farah

Foster Kids Put On Drugs At Alarming Rates

Eddie Farah — Sun, 31 May 2009 22:26:00 GMT

A new report by the state finds that hundreds of kids in foster care have been placed on psychiatric drugs by their caregivers in Northeast Florida. What’s especially shocking is that no one gave authority for these drugs to be used on the children, and most of the drugs are not even approved for use in children.

The Department of Children and Families (DCF) undertook a review of children put on powerful drugs for depression and ADHD after the death of Gabriel Myers, 7, in Fort Lauderdale. Gabriel was put on at least four different medications, some of which are known to contribute to suicidal thoughts. With the system, his parents, and caregivers along the way letting him down, the little boy killed himself in the shower of a foster home in Broward County. He had been in the foster care system less than one year but his life had been a living hell.

The story of Gabriel is heartbreaking and cries out for change. DCF has just issued an audit sparked by Myers’ death.

It shows in Northeast Florida - 205 kids in Duval, Clay, and Nassau counties were found to be on at least one psychotropic drug. In St. Johns, Putnam, Flagler, and Volusia counties 136 kids are medicated and 76 are on drugs in Baker, Union, Bradford, Gilchrist, Alachua and Levy counties, reports the Florida Times Union.

Under Florida law, parental consent must be granted in writing before children in foster care can be given psychotropic drugs to modify behavior. Oversight by a psychiatrist is required, along with court orders. DCF will now aggressively seek out those parents to get consent in about 16 percent of the cases where no permission was given.

What’s interesting in the report is that kids who stayed with family members were only placed on medication about 4 percent of the time, while those with strangers or in group homes were on medication up to 30 percent of the time, especially teenagers. Grandma will put up with far more than an hourly employee. Let’s home more kids can stay with family members.

And DCF appears to be improving its handling of information, setting up a Web site with full information which is the first step to healing a long-term festering wound. That’s a far cry from the days of deny and cover-up which placed Florida among the worst foster care systems in the country. #

Originally posted at InjuryBoard by Eddie Farah