Jacksonville Personal Injury Lawyer - Miscellaneous

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

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

Boaters Rescued Off Coast Of Jacksonville

Eddie Farah — Sun, 26 Apr 2009 00:06:23 GMT

This time the story had a good ending.

Six people were rescued in the Atlantic about 90 miles east of Jacksonville after their boat started to sink.

Luckily for the group, a good Samaritan saw the boat with the six aboard as it was taking on water. He called the Coast Guard to aid in the rescue.

A Coast Guard helicopter came from Clearwater to pick up the passengers, and a Coast Guard jet came from Miami with a de-watering pump the boaters could use. Also a Navy P-3 aircraft was used to help spot the sinking boat.

Unlike the recent boating accident that took the lives of three men in the Gulf, this time the boaters had their life jackets on.

The U.S. Coast Guard estimates life jackets could save the lives of about 80 percent of those killed in boating accidents. The boat owner has the responsibility to remind everyone onboard to wear their jackets because accidents happen swiftly leaving little time to reach a stowed jacket.

If you are suddenly thrown from a boat during a collision, a life jacket will keep you afloat, as it will if you are plunged into freezing water, if thrown off balance while fishing, or sinking in heavy seas. And remember, adults jackets will not work on a child.

There really is no good excuse not to wear a life vest.

Originally posted at InjuryBoard by Eddie Farah

Jacksonville Leads In State, National Foreclosure Rate

Eddie Farah — Mon, 20 Apr 2009 00:16:57 GMT

Jacksonville has the dubious distinction of exceeding state and federal rates for foreclosures. In fact, rates here have hit a five-year high. In March, foreclosure related notices were sent out to 2,721 homes in Jacksonville – a 29 percent increase from February.

Nationwide there was a 17 percent spike during that same period. Duval County, which is where Jacksonville metro is located, saw foreclosure proceedings jump 42 percent.

Compared to a year earlier, the March foreclosure figures jumped ahead 46 percent, according to RealtyTrac. That translates to one in every 159 U.S. homes with mortgages. Florida leads the nation along with California, Arizona, Nevada and Illinois.

Obviously the economy is the main factor here. But major lenders are coming back after giving borrowers a brief respite. They had been waiting to see how President Obama planned to address the nationwide foreclosure crisis.

As it now stands, owner-occupied homes will be the only ones seeing some relief, so rentals and speculators are not going to be cut any breaks.

If there is any good news here, it is that first-time home buyers may be able to take advantage of these distressed homes, though no one expects that to match the foreclosure rate for some time. #

Originally posted at InjuryBoard by Eddie Farah

Boat Driver Not Intoxicated In Easter Sunday Wreck That Killed Five

Eddie Farah — Sun, 19 Apr 2009 23:46:27 GMT

Blood alcohol has just come back on the person in the driver's seat of that Easter Sunday boating crash on the Intracoastal that left five people dead.

There was a great deal of speculation that alcohol had some part to play, but the test came back on the 44-year old woman at 0.035 percent, well below the blood-alcohol level for intoxication in Florida at 0.08.

That means the driver had the equivalent of a drink and a half.

On Easter Sunday, nine people were injured in addition to those who died aboard the 22- foot Crownline which slammed into a tugboat anchored at a private dock about a mile north of the Palm Valley Bridge.

44-year old Jacqueline Allen was steering the Crownline, though she was not the owner. She died in the crash.

It’s been estimated she was driving the boat about 30 to 35 mph when the boat hit a tugboat tied up on one of the docks that extend into the Intracoastal in this eight-mile stretch along Palm Valley known as "the ditch" to boaters. That's because the navigable waters are shallow and narrow.

Allen and her friend, 42-year-old Immaculada Pierce were invited to join the group at the Conch House Marine in St. Augustine. Pierce was also killed.

An attorney for some of the injured says that people sitting on the bow of the boat obscured the view of the driver and that's what led to the crash.

Another theory is emerging, and it's a danger that has been long known in this stretch of north Florida waterway.

David Roach, who is the executive director of the Florida Inland Navigation District, has been speaking out for awhile about some of the private docks sticking into the Intracoastal Waterway. Roach tells the Florida Times Union, “I think that’s what you saw here, [the dock] was so close to the channel it didn’t give this person any degree of error. Once she strayed out of the channel she was in trouble.”

Some of the docks are built 36 feet from the edge of the navigation channel, which in itself is only 125 feet wide. With docks on both side of the channel that does not leave much room to maneuver.

This investigation promises to take some time as the nine injured survivors are interviewed, and the engine block is examined closely as well as the throttle and damage to both boats.

An investigation will include whether the docks need to be modified to make this area safer. As one observer said, as it stands now, this was an accident waiting to happen. About the best thing that can happen to honor those who died, is to make this a safer situation for everyone who uses this waterway so we never see a repeat of this senseless loss of life. #

Originally posted at InjuryBoard by Eddie Farah

The Fight To Cap Payday Loans

Eddie Farah — Sat, 11 Apr 2009 01:11:46 GMT

PayDay Loans. If you see them you should run the other way.

Florida is among a few states that has tried to stop the abusive high interest loans.

In the average scenario, a person takes out a high interest loan with phenomenal interest rates, up to 400 percent in some cases. The average borrower ends up paying back about $800 on a $300 loan, according to The Center for Responsible Lending. One payday loan can lead to another payday loan to pay off the first, called a rollover.

A couple of bills introduced in Congress will help address the abuse on borrowers.

Already military families are protected by the cap that Congress applied in 2006. 15 states plus the District of Columbia have stopped the consumer abuse by imposing a cap in the 36 percent range.

Florida has tried payment plans but that has not slowed down the number of trapped borrowers.

But pawn shops say if S. 500 passes they will have to close their doors. The shop owners say that the average pawn loan is just $80 so the high interest is needed just to stay in business. Unfortunately the payday loan industry is a growth industry right now, so right now is the time to address this out of control experiencing a growth during these tough times.

S. 500 would put a cap of 36 percent on the interest borrowers would have to pay for these short term loans. The bill is directed at payday and car title loans. S. 500 was introduced by Illinois Sen. Dick Durbin and California Rep. Jackie Speier introduced H.R. 1608, that also puts a 36 percent annual interest cap on consumer loans.

Putting a cap on the double or triple-digit annual interest rate is the only way to stop abusive payday loan flipping.

Originally posted at InjuryBoard by Eddie Farah

Florida Attorney General Sues Man For Caylee Doll, Vick Chew Toys And Deceptive Practices

Eddie Farah — Thu, 09 Apr 2009 13:52:49 GMT

It is the utmost in bad taste and proof that there are bad people among us.

Apparently the Florida Attorney General agrees. The Jacksonville businessman who created toys in the image of slain 2-year-old, Caylee Anthony, and chew toys resembling former NFL player Michael Vick who raised fighting pit bulls, has been sued.

No, you can’t file a lawsuit for bad taste or a total lack of ethics or humanity.

Showbiz Promotions and its owner, Jaime Salcedo, represented that profits from the “Inspirational Caylee Sunshine Doll” and the chew toys would go to benefit the National Center for Missing and Exploited Children and local animal shelters.

Not so, says Florida AG Bill McCollum. Prosecutors say that was a front, promoted by the promoter, and that little or no contributions were made to those nonprofit organizations.

"Any company that intentionally misleads innocent consumers to believe they are contributing to worthy charitable causes is absolutely reprehensible," McCollum said to Channel 4. "It is disgusting that a company would exploit a tragic situation for personal gain."

Salcedo says he’s had a change of heart, though we didn’t know he even had one. He decided to cancel sales of the Caylee doll after public outcry following the discovery of the dead little girl near her grandparents’ Orlando home.

Legally, the Attorney General is asking the Duval County Circuit Court to issue a permanent injunction stopping Salcedo from operating his web site Cayleedoll.com and from engaging in any activity that violates the state Deceptive and Unfair Trade Practices Act.

In other words, they have this guy on their radar as does the public who flooded the AG’s office with complaints on both offenses. Salcedo is also on the hook for $10,000 in civil penalties for each violation of the law.

Ultimately there is some justice to be found here and it looks like it will be found in Court.

Originally posted at InjuryBoard by Eddie Farah

Mortgage Fraud - Florida Second In The Nation

Eddie Farah — Sat, 21 Mar 2009 23:07:00 GMT

Mortgage fraud is on the rise, with Florida a hotbed of fraudulent activity by people trying to get money from a lender.

A Mortgage Asset Research Institute report puts Florida at second in the nation for fraud reported in 2008 (Rhode Island was first).

Fraud is defined as including fraudulent information on a loan application. That was most commonly seen in 67 percent lying on loan applications. People may provide false documents to gain a line of credit, or they may lie on their tax returns and financial statements. Some people overstate their employment picture or the money they have in the bank and the appraisal value of their property.

Nationwide false applications amount to about 60 percent of fraud.

This information is coming in as banks more carefully scrutinize the people they are lending too. Miami reported the most problems with fraud during the third quarter, with problems in about 27 percent of applications and Orlando ranked second.

This may ultimately mean fewer people obtain home mortgages, but this type of scrutiny and due diligence is long overdue. So is government regulation and banks doing what's being done here - checking before a loan is made. The spending and lending party is over.

Originally posted at InjuryBoard by Eddie Farah

Lifejacket And Staying With Boat May Have Saved Rescued Boater

Eddie Farah — Mon, 02 Mar 2009 23:41:18 GMT

The Coast Guard received a call early Sunday morning that four boaters did not return from a fishing trip off the coast of Clearwater, Florida. The four men are hard to miss, they include Oakland Raiders linebacker Victor “Marquis” Cooper, Detroit Lions defensive end, Corey Smith, William Bleakley and Nick Schuyler. Beakley and Schuyler were former University of South Florida players.

The four set out about 6:30 Saturday morning for a fishing trip in the Gulf and their 21-foot boat was anchored about 35 miles off shore. While the weather was calm in the morning, winds picked up and so did the seas reported by the Coast Guard to be up to 15 feet on Sunday. The boat overturned.

While the Coast Guard has retrieved Schuyler, found sitting on top of the overturned boat Monday, the other three are still missing. With water reported to be about 64-degrees, Schulyer is lucky to be alive after his 18-hour ordeal.

When the men left Saturday, the weather was calm, but later picked up. A boat that small is not a match for waves that high and even though the Everglades-manufactured boat is made of compressed foam and is difficult to sink, waves that high are capable of flipping it.

Boaters should always wear life vests, as everyone did onboard here. A vest will keep you floating a little longer increasing your survival time. Typically someone can survive two to seven hours in water that cold before hypothermia sets in.

Letting someone know where you are going to be is a good idea. In this case, no one received a distress or SOS call as the weather worsened. It’s too early to tell why.

Boaters suggest you file a float plan and do constant radio checks to monitor the weather.

If in trouble, an emergency position-indicating radio beacon or EPIRB, signals maritime distress as does an ELT, emergency locator transmitter or PLB, a personal locator beacon, which is for a person in distress. Radio beacons are used to get rescuers on the site within a precious few hours to increases the odds of survival.

A Global Positioning Satellite unit, (GPS) can help the Coast Guard locate you more quickly. Forget cell phones that far off shore.

And boaters are always advised to take a boating safety course. The Coast Guard Auxiliary offers one.

Four large men, a relatively small boat, uncooperative weather and just plain bad luck. We will keep our fingers crossed, wish rescuers the best and hope the luck turns for these three men. #

Originally posted at InjuryBoard by Eddie Farah

Foreclosures Stopped At Two Florida Banks

Eddie Farah — Sun, 15 Feb 2009 12:52:55 GMT

With Florida leading the country as one of the top states for foreclosure, two banks here say they will stop foreclosures temporarily as the federal government tries to fix the housing crisis.

Coral Gables-based BankUnited, along with BankAtlantic, will join Fannie Mae, Freddie Mac, and Chase, Morgan Stanley, Citigroup, and Bank of America which have all decided to temporarily halt foreclosures.

A bank spokesman said they didn’t want consumers to miss any opportunities that would be provided by the federal government. BankUnited’s president Ramiro Ortiz says 1,400 homes in Florida will be affected. Together they cover $426 million in mortgages.

All of this is a bit self-serving as well. Banks don’t want to own property, especially property whose value is in a decline. And foreclosure is expensive.

Florida joins California, Nevada, and Arizona as the top states for foreclosures. Together they account for about half of the 2.3 million nationwide in 2008, according to RealtyTrac Inc and that number is up by 81 percent from the previous year. The numbers are expected to get worse before they get better, perhaps a high as 10 million foreclosures.

Besides waiting for some federal solution, Chase will open counseling centers in Florida to try and help homeowners avoid foreclosure. Expect to see banks get creative in helping consumers so they too do not join the ranks of two other Florida banks which have failed. #

Originally posted at InjuryBoard by Eddie Farah