Jacksonville Personal Injury Blog

A Clewiston, Florida man faces 12 counts of DUI and causing bodily injury as well as possession of marijuana after the car he was driving hit a Palm Tran bus carrying 13 people. The Naples News reports that the 41-year old man was arrested on January 20, 2010 when his car ran a stop sign, slamming into the bus. The Palm Beach County Sheriff’s Office says the deputy at the scene reported smelling alcohol coming from the man’s car and that the man’s demeanor indicated he was under the influence. According to the deputy, a search of the man’s car uncovered a small bag of marijuana. The bus driver and passengers as well as a passenger in his car were taken to a nearby hospital with injuries.

Our prayers for a speedy recovery go out to all injured in this accident.

Alcohol-Related Accidents in Florida
The Florida Highway Patrol reports that state and local law enforcement agencies in Florida issued almost 65,000 DUI violations in 2008. While alcohol-related fatalities in 2008 were down from 2007 by 6%, 39.5% of all traffic fatalities involved alcohol, the highest it’s been in years. While no one was killed in this accident, one man is accused of driving under the influence and causing the injury of 14 people.

Continue reading " Clewiston Man DUI Hits Bus " »

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Posted In: Auto Accidents , Bus Accident , Drunk Driving Accident , Personal Injury

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The city of Gainesville, Florida, is the largest in Alachua County with an estimated population of 114,375 and also is home to one of the biggest national universities, the University of Florida. Gainesville scenery is highly regarded, according to the 2007 edition of Cities Ranked and Rated, which named it the #1 place to live, and National Geographic Adventure noted it as one of the “best places to live and play.” As a top city and an education landmark, the Gainesville community may be publicly regarded as a safe environment. However, from time to time, incidents of hospital malpractice in Gainesville take place in which birth injury may be a result.

A birth injury is one of the most grief sustaining incidents that no family should every have to experience, especially when a family is under the impression that they can trust professional medical staff to provide adequate hospital care. When a hospital official, physician, or nurse practitioner fails to handle a critical birthing situation, the newly born baby may sustain serious health problems, mental defects, physical disfigurement, or even death under the most traumatic circumstances. In addition to the baby potentially suffering from medical negligence, the mother may also endure serious harm as well. In such conditions of suffering from the improper care of a negligent professional, a family may want to seek the help of a skilled Gainesville birth injury lawyer to find out their legal rights and possible options for compensation.

Not only is birth injury an unfortunate occurrence, but hospital malpractice is a serious form of negligence that causes people seeking treatment unnecessary physical pain and avoidable emotional grief. Common forms of hospital malpractice include improperly prescribed drugs, misdiagnosis, error during surgery, and even ignoring a patient in a desperate condition. Though a doctor or staff member may have caused irreversible errors, these parties may be held liable for any pain, expenses or unfulfilled responsibilities as medical professionals.

Farah and Farah personal injury attorneys have been working with families and the victims of medical malpractice and birth injury for several years and have the experience necessary to help protect the rights of mistreated patients. If you or a family member has experienced financial, emotional, or physical grief or loss due to medical malpractice or birth injury, contact the Gainesville offices of Farah and Farah for a free and confidential consultation:

(352) 375-3393
2233 NW 41st. St.
Suite 700-1
Gainesville, FL 32605

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Posted In: Birth Injury , Medical Malpractice , Personal Injury , Wrongful Death

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A Tallahassee, Florida man died on January 9, 2010, when he crashed into the rear of a semi-tractor-trailer rig on I-10. The 48-year-old man was traveling on I-10 just west of SR 77 near Chipley in Washington County.

The Florida Highway Patrol says he was heading east just before noon when he hit the rear of the tractor-trailer. The driver of the truck said he was on cruise control at 68 mph when he felt a large explosion. When he looked into his rear view mirrors all he saw was dust and debris. The 48-year-old man’s vehicle was actually stuck under the trailer rig. The man was pronounced dead at the scene by paramedics from Washington County.

Our condolences go out to the family of this motorist.

When a fully loaded tractor-trailer weighing in at over 80,000 pounds collides with an automobile weighing about 3,000 pounds, even if it is a rear-ender, 98 percent of the fatalities occur to people in the passenger vehicles. It sounds as though there was nothing the driver of the big-rig could have done to be safer on the road.

Distracted Driving
Almost weekly we are reporting about people who collide into the back of the vehicles. Dialing a cell phone and texting can contribute to distracted driving. But also, reaching into the back seat, changing the radio, having an argument in the car, and being sleep deprived, may all contribute to a less than safe driver.

According to a study by Virginia Tech last year, dialing a cell phone made the risk of crash or near-crash event 2.8 times as high as non-distracted driving; while talking or listening to a cell phone made the risk of crash or a near-crash event 1.3 times as high as non-distracted driving; and reaching for an object such as an electronic device made the risk of crash or near-crash event 1.4 times as high as non-distracted driving.

In Florida, there were 243,342 traffic crashes in 2008, which averages 665 per day. The type of crash, rear-ending the vehicle in front, tops the list of types of crashes, according to the Florida Highway Patrol in its 2008 statistics. In that year, there were more than 29,000 car accidents in Florida of this nature that resulted in more than 74,000 injuries and 318 deaths.

Nationally, NHTSA finds that at least 25% of police-reported crashes involve some form of driver inattention. That means more than 4,300 crashes each day across the country. And many suspect that estimate is low.

Source article: http://www.wjhg.com/home/headlines/81075122.html

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Posted In: Auto Accidents , Law & Information , Personal Injury , Truck Accident , Wrongful Death

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A former patient at University Community Hospital (UCH) in Tampa underwent back surgery but instead of relief he suffered complications.

The patient, male, filed a Florida medical malpractice lawsuit against his surgeon. In order to proceed, records would be needed from the hospital. Florida law gives patients a right to access any adverse incident records of doctors and hospitals. The person requesting the records is supposed to pay a reasonable cost for their retrieval.

The Million Dollar Search
However, the hospital says it will cost the defendant $1 million to retrieve the records. Hospital officials say that searching through years of records for adverse incidents related to the accused surgeon would require manual record searches and names will have to be redacted to protect privacy.

So the patient has sued UCH in an attempt to have the records costs lowered and to determine the actual cost to produce the documents.

His lawyer says the cost is unconscionable and designed to stall and prevent patients from obtaining information on their doctors.

Patients Have Rights to Medical Records
The Agency for Health Care Administration says each hospital is supposed to keep track of how many incidents every doctor has because reporting is mandatory. The health care provider owns a patient’s medical record, but the patient has a right to see it and get a copy.

Continue reading " Medical Malpractice Record Cost Should Be Reasonable " »

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Posted In: Law & Information , Medical Malpractice , Personal Injury

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Two big-rigs were involved in a fiery collision the early hours of Tuesday, January 12, 2010, shutting down the Florida Turnpike under the Boggy Creek overpass in Kissimmee, Florida. The crash caused a huge fire when it erupted around 12:30 a.m. filling up the space under the bridge as the flames shot up into the air.

The first vehicle was a Target store delivery big-rig. The driver and passenger in that truck were injured, and are hospitalized with serious injuries. Their survival was amazing considering the cab of the truck was engulfed in fire. Troopers say the fire might have actually started when the refrigeration unit that keeps food cool inside the trailer, was damaged. The food inside the Target truck was a complete loss, along with the cab of the truck.

A Good Samaritan jumped out of his vehicle and helped save the occupants of the first truck. We wish the drivers a swift recovery and are thankful that their injuries were not more serious.

So what happened here? The Florida Highway Patrol says that it appears an 18-wheeler in front of the Target truck blew a tire and was hit in the rear by the Target big-rig. Then a third big-rig hit debris from the initial crash and also sustained damage to its fuel system. Traffic was closed both northbound and southbound and was reopened just after 6 a.m. while crews cleaned up a 200-gallon diesel fuel spill caused by the crash.

The Orlando Sentinel reported the next day that damages to the Boggy Creek Road overpass are estimated to be about $300,000.

The Dangers of Semi Tractor-Trailers
In 2008, the National Highway Traffic Safety Administration said that 11,674 lives were lost in speeding-related crashes.

Nearly one-quarter of all large-truck drivers involved in fatal crashes in 2008 had at least one prior speeding conviction, as did 18 percent of passenger car drivers.

263 people lost their lives in 2008 in Florida collisions with a large truck, a number that has been in decline since 2004.

Continue reading " Fiery Semi-Truck Crash Near Orlando " »

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Posted In: Auto Accidents , Personal Injury , Truck Accident

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Eight people were injured Saturday afternoon, January 16, 2010, when three cars collided. The Florida Highway Patrol says a white pickup truck was traveling southbound on I-295 in Jacksonville, when it lost control. An 18-wheeler hit the truck and went into the median, spinning out of control and hitting a Cadillac that was traveling north. A van carrying eight people traveling northbound had to overcorrect to avoid hitting the collision and overturned in the median. It is reported by First Coast News that all of the injuries are non-life threatening. The injured have been taken to various hospitals.

We are very hopeful that those in the van were not seriously injured and thankful that there were no fatalities or serious injuries reported.

Big-Rigs
Large trucks, also known as tractor-trailers and semis, or eighteen-wheelers, make up only about 3% of the vehicles on the road. However, they account for far more traffic fatalities.

National statistics point to poor driver training, driver fatigue, speeding, overloaded and oversized trucks, brake failure, and poor driving conditions, the inexperience of the driver and a failure to yield the right-of-way, as a cause of trucking accidents.

But in fairness, those who drive 18-wheelers or big-rigs often complain that it is people driving in vehicles that cause accidents with big-rigs.

According to a 2002 study by the American Association of Automobiles, 80 percent of fatal truck-involved crashes are caused by passenger vehicles. A 2006 Virginia Tech analysis of two studies conducted for the Department of Transportation found that 78 percent of crashes were caused by passenger car drivers.

Continue reading " Eight Injured in I-295 Crash " »

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Posted In: Auto Accidents , Law & Information , Personal Injury , Truck Accident

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Now that the Consumer Electronics Show has come to a close in Las Vegas, NV, promises have been made that additional technology is soon coming to your dashboard, and to the dismay of safety advocates. Talk about distracted – Intel and Google are turning their attention to bringing the power of the PC to your car. Consider 10-inch screens that show high-definition videos, Web pages and 3-D maps. Expect the infotainment systems to hit the showrooms this year. Navigation systems are more likely to be standard equipment. You’ll be able to pull up a restaurant review and click on a music album with the touch of a finger.

But is this safe? Of course not and you can expect laws to follow technology. There is no question that distracted drivers cause car accidents in Florida, but the pursuit of profit over safety is driving this train. Or car.

You have to love what a Ford systems engineer tells the New York Times. “We are trying to make that driving experience one that is very engaging.” Hello! Driving itself is very engaging, especially if it is done safely.

The auto companies are making some concession to safety. Ford’s built-in Web browser works only when the car is parked. Audi says it will restrict access to potentially distracting functions. The Jaguar will allow the front-seat passenger only view the movie. But unless safety advocates become activated now, expect your car to become the most immersive consumer electronic device most of us own.

Source report: http://www.nytimes.com/2010/01/07/technology/07distracted.html?hp

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Posted In: Auto Accidents , Law & Information , Personal Injury

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Amelia Island is located along the southernmost Florida shore belonging to a chain of beaches called the Sea Islands. It spans 13 miles long, 4 miles wide, and is located 15 minutes from Interstate 95. Its scenery has attracted the interest of film makers, event planners and the annual Jazz and Shrimp festivals draw residents and visitors to participate and enjoy the Amelia Island coast. Readers of Conde Nast Traveler ranked the island #4 in North America. As an engaging city, many residents of Amelia Island find it hard to believe that patients deserving of adequate hospital care do not always receive the proper medical attention that they need.

Hospital malpractice will affect an estimated 200,000 patients nationwide each year. Medical mistakes like birth injury can impose unfortunate physical, financial, and emotional strain on patients who deserve to be treated by reliable hospital staff. Birth injury caused by a medical professional who has failed to timely diagnose a problem during the birthing process can severely injure or permanently damage the well-being of the mother and baby. Fortunately, skilled Amelia Island birth injury attorneys are available to support patients and their loved ones when they are negatively affected from hospital negligence.

If you or a family member has experienced suffering, emotional trauma, pain, or loss due to birth injury or hospital malpractice, the skilled personal injury lawyers at Farah and Farah can help protect your rights. We have been at the aid of injury victims and their loved ones for many years and have the experience to obtain a positive outcome in your birth injury or hospital malpractice case. Contact Farah and Farah today at our Amelia Island office for a free and confidential consultation:

(904) 261-4440
501 Centre St.
Fernandina Beach, Florida 32034


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Posted In: Medical Malpractice , Personal Injury

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The Shands Hospital nurse, who was hit by a suspect eluding police, is talking to the media about who may be at fault for her debilitating injuries.It turns out that the suspect who hit her in a crosswalk was being chased by two police officers, who, instead of rendering aid to the nurse, passed by her and continued on their chase. And the Jacksonville Sheriff’s officers did not have on light and sirens that would have alerted her to get out of the crosswalk.

The pedestrian accident in Jacksonville happened last June. Seven months later, the woman has been through ten surgeries. She still uses a walker and is likely she will not be able to return to her former job because of her inability to move, reports First Coast News.

The man who hit her has ready been sentenced to seven years in prison. He apologized to the nurse but claims he didn’t see her in the crosswalk because he was busy watching the police in his rearview mirror. The reason he was being chased – he ran a stop sign in the neighborhood- raising all sorts of questions about the Jacksonville Sheriff’s Office chase policy.

We wish a continued recovery for the woman who was injured, perhaps permanently, through no fault of her own.

JSO Chase Policy
The nurse has announced that she is planning to file a lawsuit against JSO for their reckless conduct. Her lawyer has filed notice of claim with the city of Jacksonville. One of the two patrol cars should have stayed with the victim instead of continuing to case a suspect for running a stop sign. It’s called rendering aid and is the number one duty of the office besides protecting the public. JSO failed on both counts.

Fortunately for her case, there is surveillance video that leaves little to the imagination. It shows the nurse being thrown into the road. Then five seconds later, one JSO vehicle cruises past followed by the second car. They did not even slow down to help her, but one of the officers did send a radio transmission into dispatch calling units to Shands.

“There is someone that has just been fun over by a blue Hyundai sedan I’m trying to get caught up [to it] now,” said the officer.

The nurse wants something other than money – a clarification of the JSO police chase policy. Sheriff John Rutherford is calling for an internal investigation of the incident. Ultimately, the investigation will help clarify what exactly is the JSO pursuit policy, and then whether the officers followed it.

Continue reading " Woman Hit by Driver in Jacksonville Police Chase Will File Suit " »

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Posted In: Auto Accidents , Law & Information , Pedestrian Accidents , Personal Injury

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This may come as a surprise to many but it appears that rural roads have more traffic fatalities than the nation’s highway system.

This information comes from the National Highway Traffic Safety Administration. With about 23 % of the population living in rural areas, 56% of the nation’s 37,261 traffic deaths occurred on rural roads, according to NHTSA. That is almost six in 10.

The difference may be explained by the fact that while there are more crashes in urban areas, fewer of them result in fatalities.

Why do more crashes in the country lead to fatalities? One reason may be that drivers are traveling faster on rural roads. They are not as well-engineered as urban highways. And an emergency responder may take longer to get to you, decreasing the chances of survival. For example in Montana, the average response time is about 80 minutes.

37% of car accident fatalities in Florida occurred on rural roads or 1,113 fatalities, compared with 2,978 statewide in 2008.

Continue reading " More Fatal Auto Accidents on Florida's Rural Roads " »

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Posted In: Auto Accidents , Law & Information , Personal Injury , Wrongful Death

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Spanning an estimated 22 square miles, with an approximate population of 21,673, Jacksonville Beach is considered the largest town in the northern Florida cluster of San Pablo Island’s suburban communities. Jacksonville Beach, or “Jax Beach”, if you’re a local, is a busy city with a full schedule of events for its residents and many tourists. Familiar activities include food festivals, live music at night, and a Winter Beach Run that registers over one thousand participating athletes. With its developing population and as a noted travel spot, many Jacksonville Beach residents and visitors do not want to admit that incidents of hospital malpractice and birth injury take place from time to time.

Birth injury can affect families in devastating ways. Not only can the emotional challenges of a birth injury be traumatic but such forms of medical malpractice may also cause financial strain. When a medical professional fails to uphold their responsibility to provide professional care, a family may qualify to seek compensation from negligent parties. An experienced Jacksonville Beach birth injury attorney can assist a family in making a full recovery from incidents of hospital recklessness.

The severe consequences of medical mistakes unfortunately cause suffering to an estimated 200,000 patients each year throughout the United States. The emotional trauma and physical damage from hospital malpractice may negatively affect a patient for many years following treatment. If you or a family member has experienced grief, loss, or birth injury due to hospital negligence, the experienced personal injury lawyers at Farah and Farah can help protect your legal rights. We have been at the aid of injury victims and their loved ones for many years and have the skills to obtain a positive outcome in your birth injury or hospital malpractice case. Contact Farah and Farah today at our Jacksonville Beach office for a free and confidential consultation:

(904) 249 2585
472 Osceola Avenue
Jacksonville Beach, Florida 32250


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Posted In: Birth Injury , Medical Malpractice , Personal Injury

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A report from the American Automobile Association is giving us a clear picture of just how many of us are texting while behind the wheel. Nearly one out of five U.S. drivers admit they have read or sent a text message while driving, even though nearly everyone in the survey considered that unacceptable behavior. And among those surveyed by the Ford Motor Co., more than 93% of 1,000 licensed drivers say they support a nationwide ban.

It’s these findings that make a ban on texting while driving a key legislative priority for AAA in state capitals.

But so far, only about a dozen states have imposed prohibitions and Florida is not among them, at least not yet. Every year, legislators try to promote some sort of legislation that would restrict wireless communication while behind the wheel, and 2010 promises to be no different. I would predict that this year will make the difference.

Behind the push are recent federal statistics that 58,790 people were killed and 515,000 injured last year in vehicle crashes connected to distracted driving. That may not be an accurate picture as the Florida Highway Patrol is just beginning to include that as a cause of car crashes in Jacksonville and throughout the state on their accident reports.

Source report: http://www.aaafoundation.org/home/

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Posted In: Auto Accidents , Law & Information , Personal Injury

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The tragic death of a 6-year-old Jacksonville girl, hit by a car while she was in a pedestrian crosswalk, has sparked calls for justice. The attorney for the family of this young child wants to know why the driver of the truck that killed the girl wasn’t charged in the accident. And he wants changes in the law to correct what he calls dangerous, but common, misperceptions about crosswalks.

Reconstructing the Accident
According to the Florida Times Union, on December 21, 2009, the young girl, her mother and her 5-year-old brother were crossing San Jose at Kori Road and were only halfway to the median when the light at the intersection changed. All three were hit by a truck whose driver was not cited in the accident. The 6-year-old girl was killed; her brother was not injured, but her mother’s leg and some ribs were broken. The Jacksonville Sheriff’s Office has declined comment on this story.

This is a sad story about the senseless death of a small child. Our prayers and sympathy go out to the family as they try to recover from this tragedy.

The Law Protects Pedestrians
According to the Florida Department of Highway Safety and Motor Vehicles, 16.8% of all traffic fatalities in 2008 were pedestrians. 500 pedestrians were killed in pedestrian accidents on Florida highways in 2008. More than half (308) were killed while crossing a street. While not all those fatalities involved pedestrians in crosswalks, the law is clear that all motorists must yield to pedestrians regardless. According to the Florida Driver’s Handbook, it is “the motorist’s responsibility to do everything possible to avoid colliding with pedestrians” (Section 3.6).

The family’s attorney says pedestrians in crosswalks are in danger because of confusion not only about right-of-way but also of how crosswalk buttons function. He says most people think pushing the button at a crosswalk causes the traffic lights to cycle. This is wrong. He says pushing the button instead serves to extend the cycle, giving pedestrians more time to cross the street. In the case of this young girl, the button was not pushed, so the green light was much shorter and the family got caught in the middle of the street.

Continue reading " Attorney Calls for Charges and Changes in Crosswalk Laws " »

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Posted In: Auto Accidents , Law & Information , Pedestrian Accidents , Personal Injury , Wrongful Death

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A 55-year-old Kissimmee man died Sunday afternoon when he lost control of the motorcycle he was driving. The St. Petersburg Times reports the accident happened just west of Brooksville near B.W. Stevenson Road. According to the Florida High Patrol, the man was traveling east on Cortez Boulevard. He lost control of his 2000 Harley-Davidson motorcycle on a curve, hitting a concrete median and a reflective pole before the bike left the highway. The man was thrown from the motorcycle. Hernando County Fire Rescue pronounced him dead at the scene. The FHP said the man was not wearing a helmet. It’s unknown whether alcohol was a factor in the accident.

Our condolences for the loss of this man go out to his family and friends.

Motorcycle Accident Statistics
According to Florida Highway Patrol statistics from 2008, there were 9,618 motorcycle crashes that year. 17.8% of all traffic fatalities affected motorcycle drivers and their passengers. While the number of these fatalities was down from 2007 by 3.3%, 532 motorcyclists and passengers were killed in 2008. 45% of those victims were not wearing helmets.

Helmets Save Lives
In July, 2000, the State of Florida passed a law exempting adult motorcyclists (21 and older) from wearing helmets as long as they had medical insurance in the amount of $10,000. According to a study published in 2004 in the American Journal of Public Health, motorcycle occupant fatalities increased by more than 20% the year after the law was changed. Study author, Andreas Muller, PhD, concludes that “exempting adult motorcycle riders from wearing motorcycle helmets is counterproductive for motorcyclists’ health and unnecessarily increases insurance and medical care expenses.”

Continue reading " Motorcyclist Killed in Brooksville " »

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Posted In: Brain Injury , Law & Information , Motorcycle Accident , Personal Injury , Wrongful Death

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Jacksonville, Florida has an estimated population well-over 805,605 people and is the largest city in the state and the 12th largest in the U.S. of any other city with a population of at least 100,000. Situated in the First Coast region of northeast Florida, Jacksonville is about 340 miles north of Miami. As a popular tourist destination for its wonderful weather and scenic beaches, Jacksonville attracts several new residents every year. As the population increases, the need for adequate medical care, especially for women giving birth, is in high demand. Unfortunately, medical professionals are not immune to negligence or failing to act in a timely manner, thus causing birth injury and other forms of hospital malpractice to take place.

Birth injuries are some of the most devastating incidents that no family should ever have to overcome. When a nurse, doctor, or hospital staff member does not properly handle a timely situation during the birthing process, a newborn baby may endure severe health problems, disfigurement, scarring, and even death under the most tragic of circumstances. The mother may also be at risk of suffering injury or harm if a medical professional is negligent in some way. During such tough times, some families may want to consult with an experienced Jacksonville birth injury attorney so they can learn more about what potential legal options may be available to them.

When a hospital technician, pharmacist, staff member, nurse, or doctor causes a patient to suffer injury through improper or negligent care or treatment, hospital malpractice may have taken place. Some of the most frequently occurring forms of hospital malpractice include abuse, surgical error, misdiagnosis, incorrect administration of drugs or treatment, and failure to treat a patient. Those responsible for such negligence may be held liable for a patient’s pain and suffering as well as the financial expenses associated with their injuries.

The skilled Florida personal injury attorneys at Farah and Farah can help you and your family if a birth injury or another kind of hospital malpractice has imposed negative consequences. At Farah and Farah, we have dedicated several years to protecting the rights of injury victims and their families. In the many clients that we’ve helped, we have obtained successful outcomes in their birth injury or hospital malpractice case. Contact Farah and Farah today at our Jacksonville office for a free and confidential consultation:

(904) 396-5555
10 West Adams Street
Jacksonville, Florida 32202


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Posted In: Medical Malpractice , Personal Injury

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Drug maker, Merck, has given the FDA new data to win approval to market its HPV vaccine, Gardasil, to women between the ages of 27 and 45. The drug is already approved to protect girls and younger women, ages 9 through 26, from four strains of the human papillomavirus, which can lead to cervical cancer and warts. The vaccine also won approval to prevent genital warts in young males.

The drug has not been the blockbuster that Merck wanted so it has been trying for some time to win further FDA approval. In June 2008, the FDA rejected Merck’s application to expand use of the drug. And early last year, the FDA again withheld approval, asking Merck for more data on a 48-month study.

After a much heralded approval in 2006, Merck pushed and almost received approval for mandatory vaccinations for young girls. But there was a backlash when it was found that lobbyists were targeting female legislators to introduce new laws in their states. Gardasil sales slowed and now Merck faces competition from its rival, Cervarix, made by GSK.

Continue reading " Merck Trying to Expand Gardasil Use " »

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Posted In: Defective Drug , Personal Injury , Pharmaceutical Litigation , Product Liability

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Two women were killed Wednesday, January 6, 2010 in Hobe Sound Florida near Stuart, Florida in a two-car collision. The accident occurred around 1 p.m. involving a northbound silver Saturn, driven by a 52-year-old woman and a southbound red Mercury van driven by 73-year-old woman.

The Florida Highway Patrol reports the Saturn overcorrected after veering off of the side of the divided highway of U.S. 1. The car then careened over the center median and into the southbound traffic lanes where the Saturn was struck by the oncoming van. Both vehicles reportedly came to a stop in the middle of the southbound lanes. One of the drivers was pronounced dead at the scene and the other motorist died a short time later.

Our condolences are extended to the families of these two women. In just a moment their lives were extinguished. We are very sorry for your loss.

Construction Hazards on our Roads
We have no more on this accident such as the road condition and whether the individuals involved were wearing seat belts. We do know there is a great deal of road work underway on U.S. highways which contribute to highway deaths. The fact that one driver overcorrected indicates she experienced a drop off the side of the road.

In a recent article in the New York Times, entitled “Efforts Lag to Improve Safety at Work Zones,” reporters note that pavement edge drop-offs are a real hazard that result from so-called road improvements.

Accidents involving road drop-offs kill about 160 people every year and injure 11,000. The edge of a road is supposed to gradually decline into the dirt, but numerous studies have shown that steep drop offs occur when a roadway has not been finished properly or is in the process of being improved. That presents a danger to motorists who tend to overcorrect when they suddenly drop off the edge of a roadway.

In Texas in 2002, seven people were killed when the driver overcorrected into the path of a minivan. It turns out contractors had failed to smooth out the edge of a newly paved lane.

Continue reading " Over Correcting Leads to Two Dead on U.S. 1 " »

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Posted In: Auto Accidents , Personal Injury , Wrongful Death

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St. Augustine, Florida is sometimes referred to as the “nation’s oldest city” since it is home to the oldest port in the continental United States. With an estimated population well over 12,157, St. Augustine is widely known for its lovely beaches, classic architecture, and museums that reflect the life and culture of early Spanish explorers who settled in the area. St. Augustine is also a popular tourist spot in Northern Florida. Considering all that St. Augustine has to offer and its continuous growth in population, it is an unfortunate reality that birth injury takes place from time to time due to medical negligence or hospital malpractice.

A birth injury can have overwhelming consequences for a family to endure. If a medical professional fails to act efficiently and in a timely manner during the birthing process, a newborn baby may suffer serious health problems, scarring, disfigurement, and even death. The mother may also be at risk of suffering harm or injury if a doctor or nurse acts negligently. After a birth injury, a family has a lot on their mind and only wants what is best for their baby. During such challenging times, some families may find it beneficial to seek legal counsel from a skilled St. Augustine birth injury attorney who can help fully explain their legal rights and options if that is what a family decides is best for them.

Hospital malpractice may occur when a doctor, nurse, staff member, pharmacist, or technician causes a patient to suffer injury through negligent or improper treatment or care. Misdiagnosis, surgical error, abuse, and failure to treat a patient, and incorrect administration of drugs or treatment are a few examples of frequent incidents of hospital malpractice. If hospital malpractice or negligence causes an innocent patient to suffer injury, illness, or death, those responsible for such action and poor treatment may be held legally and financially accountable.

If you and your family have experienced a birth injury or another form of hospital malpractice in St. Augustine, please contact the experienced Florida personal injury lawyers at Farah and Farah. We have worked vigilantly for many years protecting the rights of injury victims and their families. Farah and Farah has achieved successful outcomes for our clients in birth injury and hospital malpractice litigation. We can help you. Get in touch with Farah and Farah today at our St. Augustine office for a free and confidential consultation:

(904) 797-7977
1301 Plantation Island Drive
Suite 206A
St. Augustine, Florida 32080

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Posted In: Health & Information , Law & Information , Medical Malpractice , Personal Injury , Wrongful Death

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A 30-year-old man from Fort Walton Beach is in serious condition after an argument Sunday night, January 10, led to a car accident in Florida. The 31-year-old driver from Fort Walton Beach, was heading west on SR 188 when she got into an argument with the front passenger. He reportedly grabbed the steering wheel while the car was in motion. The 2004 Nissan ran into the north shoulder and hit a tree. The passenger in the rear of the vehicle was not wearing his seat belt and flew into the front of the vehicle. The car suffered an estimated $7,000 in damages. Charges are pending.

We certainly hope the best for the recovery of the injured individuals. When one is not belted in, they can become a human cannonball thrown inside the vehicle, through a window, or into a windshield. Head injuries are the most common, devastating, and long-lasting effects from an auto accident.

Seat Belt Law
In 2008, Florida had 1,795 traffic deaths of drivers and passengers in Seat belt equipped vehicles. 60% or 1,085 of these people were not wearing their seat belts, according to the Florida Highway Patrol.

And consider that air bags will generally not be able to do their job if you are not belted in.
While many argue that individuals should be able to determine whether or not they want to buckle up, the Florida Department of Transportation estimates 3 out of 5 motor vehicle fatalities are directly due to the failure to wear seat belts. That is why Florida joined 28 other states plus the District of Columbia in passing a primary seat belt law last June. An officer can now pull you over and fine you if your only offense is not wearing a seat belt.

Continue reading " Argument Led to Auto Accident " »

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Posted In: Auto Accidents , Law & Information , Personal Injury

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A patient goes to a doctor for a medical procedure. Unfortunately, sometimes the outcome of that procedure is less than ideal. In an even smaller number of cases, the doctor may be guilty of medical malpractice, and failing to deliver the standard of care of a professional medical doctor. Patients may find themselves permanently injured and many decide to file a claim against the doctor.

In Georgia, the CEO of a Georgia medical services company, in an opinion piece in the newspaper, suggest those already injured should have to jump through one more hoop. It is a hoop that benefits the medical profession and insurance companies, not the injured. Instead of allowing victims of medical malpractice in Georgia their Constitutional right to a trial by jury, this author suggest that victims should have to appear before a “screening panel” comprised of members of the medical and insurance industries. Reminder- those are the same industries trying to avoid compensating injured patients.

Time for a dose of reality - only a fraction of those individuals injured by medical mishap ever see a trial. First, many people do not want to be involved in litigation. Secondly, the injury must be tremendous in order to find a lawyer willing to take your case. There is another special hoop in Georgia, the patient must find a medical professional willing to publicly criticize their colleague. That person must be credentialed and willing to sign a document swearing to the malpractice. Then there is another hoop – a judge must screen the case as well.

Continue reading " Injured by Medical Malpractice in Georgia? Jump through Hoops " »

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A 27-year-old woman was critically injured after driving her Toyota sedan into the rear of a semi truck on Interstate 75 early Monday morning January 11. The Florida auto injury accident happened about 1 a.m. near Big Bend Road, according to the Florida Highway Patrol. The injured woman is in Tampa General Hospital in critical condition, while the truck driver of Palm Bay Florida was not injured. We send her our prayers for a swift recovery.

After the woman hit the truck from behind, she spun into the grass median. The FHP will have to determine if she ever applied the brakes. If not, it is likely she was distracted or too tired to be behind the wheel.

Distracted Drivers
An investigator should begin by checking the cell phone records of this driver to see whether she was on the phone before hitting the back of the tractor-trailer. The National Highway Traffic Safety Administration estimates at least one quarter of crashes involves some form of driver inattention. Distraction is just one form of inattention and is a factor in more than half of these crashes. And distracted driving can include tuning the radio, reaching into the back seat, picking up something from the floor, drinking and smoking, texting, and putting on makeup, among other things.

Following Too Closely
Following a vehicle too closely is called tailgating and it is a form of aggressive driving that gives you few options if you need to stop suddenly.

Want to figure out how closely to follow the vehicle in front? Try the three-second rule. Select a fixed object such as a sign or tree. When the vehicle ahead passed the object slowly count ‘one-one-thousand” “two one-thousand” “three one-thousand” - making sure there is at least three seconds between you and the vehicle in front.

Continue reading " Tampa Woman Tailgating Semi in Critical Condition " »

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Posted In: Auto Accidents , Law & Information , Personal Injury , Truck Accident

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Situated in Columbia County, Lake City is often called the “Gateway to Florida.” Taking Columbia County’s staggering population of about 68,000 into consideration along with the estimated 12,000 inhabitants of Lake City, the “Gateway to Florida” is a popular and busy region. Although residents and visitors of Lake City do not want to admit that birth injuries or incidents of hospital malpractice take place in Florida and throughout the U.S., these tragic occurrences are an unfortunate reality that may impose devastating consequences for a family to endure.

Even though birth complication and injury is relatively uncommon, such incidents happen more often than many patients would like to admit. If a medical professional, doctor, or nurse fails to act in a timely and efficient manner in diagnosing and treating a mother or a baby during the birthing process, the mother and/or the baby can be harmed or seriously injured. Some of the most commonly seen birth injuries relate to scarring, disfigurement, and other serious health problems. When a medical professional’s negligence contributes to a birth injury taking place, an experienced Lake City birth injury attorney may assist a family in seeking compensation to help pay for expenses associated with the injury.

Hospital malpractice can take many forms and can tragically affect patients of all ages and with several different kinds of medical conditions. Nevertheless, a patient deserves to receive quality medical attention and proper care from doctors and nurses who are required by law to be accurately trained. If hospital negligence or malpractice makes a vulnerable patient develop a new illness or condition, suffer injury, or even death, those responsible may be held financially and legally accountable.

If you or a loved one has been afflicted by a birth injury or any other kind of hospital malpractice in Lake City, there are potential legal options available. Please get in touch with the skilled personal injury lawyers at Farah and Farah to learn more about how we can help protect your rights. We have been assisting injury victims and their families for many years and have the knowledge to obtain successful outcomes in hospital malpractice and birth injury cases. Contact Farah and Farah today at our Lake City office for a free and confidential consultation:

(386) 754-7534
212 N. Marion Ave Suite 208
Lake City, FL 32055

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As Haitians suffer in the aftermath of a catastrophic earthquake in Haiti, Americans are opening their wallets to give. Don’t be scammed.

A Consumer's Guide
The Better Business Bureau is advising consumers how to vet charity appeals on its Web site. Based on the group’s experience after Hurricane Katrina and the tsunami in 2004, fraudulent charities seem to spring from disaster.

Consumers should go to the BBB Web site to research charities and relief organizations that are accredited by the BBB and meet the 20 Standards for Charity Accountability.

Charity Navigator is the oldest and most reputable of organizations that check out the credibility of those soliciting donations. Please include them in any search you do.

The BBB suggests you:

• Beware of organizations that claim 100 percent of funding will go to help earthquake victims. Administrative and fund raising expenses always need to be funded.


• Be cautious about giving online. Many charities created overnight surfaced after the tsunami disaster in 2004.


• Find out if the group provides direct aid or is raising funds for others. Check out who is the ultimate recipient of funds.


• Giving clothing, food, water may not get to the intended unless the organization has people at the disaster site. Ask the charity about its distribution plans.

Continue reading " Charitable Donations to Haiti " »

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The 2010 Roadmap to State Highway Safety Laws report is out.

Published by the Advocates for Highway and Auto Safety, a coalition of insurance, consumer, health, safety and law enforcement organizations that promote safer roads and highways, it shows that promoting 15 model laws could save lives on our highways and roads. States are graded on their performance in adopting and maintaining model traffic safety laws. The report concludes that not one state has enacted all of the recommended laws. They include:

• Adult Occupant Protection – Seat belt enforcement and all-ride motorcycle helmet laws.


• Child Passenger Safety – Child booster seat law requiring children ages 4 through 7 be placed in a booster seat.


• Teen Driving Graduated Driver Licensing – This phases in full driving privileges in a three-state process and allows for primary enforcement of the law.


• Impaired Driving - Drunk drivers would face an ignition interlock device if they have violated the law in the past. There would be mandatory blood alcohol testing in fatal crashes and an open container ban.


• Distracted Driving – A ban on text messaging for all drivers unless there is an emergency.

There are almost 40,000 fatalities and 2.3 million injuries at a cost of $230 billion every year.

Every day 102 people were killed on the streets and highways while more than 6,000 are injured.

Continue reading " 2010 Highway Safety Report " »

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Posted In: Auto Accidents , Law & Information , Personal Injury , Wrongful Death

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Situated in Northeast Clay County, the city of Orange Park is a suburb of Jacksonville, Florida. Orange Park has an estimated population of over 180,000 and has a high population density. In attracting visitors and new residents to its thriving community which is rich in history, Orange Park is a bustling region of Florida.

When taking Orange Park’s large population into consideration, birth injury has been known to occur due to the negligence of medical professionals or as the result of a different form of hospital malpractice. During such challenging times, families may find it helpful to seek legal guidance from experienced Orange Park birth injury attorneys who can help explain their legal rights and options.

Although birth complications and injuries are typically rare, they unfortunately occur more often than most Orange Park residents would like to believe. If a medical professional does not act in a timely manner or if a doctor fails to detect a problem or condition that they are supposed to be able to identify, a newborn baby may suffer severe health problems, scarring, disfigurement, or even death.

Birth injury is not the only form of hospital malpractice, but it can cause some of the most devastating consequences for a family to endure. However, no matter what an individual’s age or medical condition, he or she expects to be given quality medical care from a doctor, nurse, or other professional who is required by law to be adequately trained. If hospital malpractice or negligence causes an innocent patient to suffer harm, injury, or death, those responsible for such action and poor treatment may be held legally and financially accountable.

If you and your family have experienced a birth injury or another form of hospital malpractice in Orange Park, please contact the skilled personal injury lawyers at Farah and Farah. We have been protecting the rights of injury victims and their families for many years and know what it takes to reach a successful outcome in birth injury and hospital malpractice litigation. Get in touch with Farah and Farah today at our Orange Park office for a free and confidential consultation:

(904) 264-0700
1534 Kingsley Avenue
Orange Park, Florida 32073


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Posted In: Health & Information , Medical Malpractice , Personal Injury , Wrongful Death

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You go to the airport already a little tense about flying. Then comes the humiliation of a full-body scan - which essentially shows airport security personnel from the Transportation Security Administration or TSA most of the details of your body under your clothing. They are looking for any explosives or plastics so most people are willing to undergo the humiliation for the greater good.

TSA has insisted that there is no way to store or send these images and that the personnel will be secured out of sight of everyday passengers, so your dignity is maintained.

Now there is news from the Washington-based Electronic Privacy Information Center (EPIC), a public interest group focused on privacy that TSA can store and send your images. The group has obtained documents that TSA specified in 2008 that full-body scanners at airports must have the capability to store and send images. That opens up the possibility for abuse by TSA employees, EPIC’s director says. EPIC says the ability to store and send exists when the machines are in the test mode.

The TSA should suspend further deployment of the machines until the privacy questions are resolves, says EPIC Executive Director Marc Rotenberg, reports CNN. EPIC is pursuing a lawsuit to obtain additional documents about the machines.

40 machines are currently being used at 19 airports domestically and an additional 300 machines should be used in airports by 2011.

Continue reading " Body Scanners Can Store and Send Images " »

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After news surfaced that Chinese manufacturers allowed dangerous levels of lead to be present in children’s toys and jewelry, a different substance – cadmium – was used instead. However, a recent associated press investigation has revealed that the heavy metal cadmium which has replaced lead in children’s jewelry is no substitute at all. Cadmium poses many dangers to children as well. Lab tests conducted by the associated press discovered that the most contaminated piece contained 91% cadmium. Bought on a national level, other pieces of jewelry amounted to a weight of 84% to 89% cadmium.

It is no secret that cadmium is a carcinogen and can easily come off of objects, thus contaminating the hands and other body parts of users. As additional concern arose regarding the exposure of this dangerous chemical substance to children, the Associated Press bought 103 items from store locations throughout Texas, New York, California, and Ohio, all during the months of November and December. What they found in the purchased items was that 12% of the jewelry items had at least 10% of cadmium present.

One of the worst offenders sold a contaminated bracelet charm- Wal-Mart, Claire’s, and the dollar stores:

• Three flip flop bracelet charms sold at Wal-Mart – 84 to 86 percent cadmium. The company that imported the items - Sulyn Industries of Florida says the charms were subject to lead testing not cadmium.


• Four charms from two “Rudolph the Red-Nosed Reindeer” bracelets sold at Dollar N More store in Rochester, NY – 82 to 91 percent cadmium.


• Two charms on a “Best Friends” bracelet bought at Claire’s – 89 to 91 percent cadmium.


• Pendants from four “The Princess and The Frog” necklaces purchased at Wal-Mart – ranged between 25 to 35 percent cadmium.

“There’s nothing positive that you can say about this metal. It’s a poison,” said Bruce A. Fowler with the Centers for Disease Control and Prevention, who is a cadmium specialist and toxicologist.

Many parents and consumers may be wondering why the substance cadmium has become a problem. The answer relates to the fact that federal protection has not involved banning cadmium being in jewelry. However, lead is prevented from being present in and on children’s toys.

Continue reading " Toxic Metal in Kid's Jewelry from China " »

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Posted In: Health & Information , Personal Injury , Product Liability

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