Jacksonville Personal Injury Blog

The National Highway Traffic Safety Administration (NHTSA) has opened a probe into the 2006 Toyota Highlander Hybrid SUV after 32 consumers complained that the vehicle stalled while going approximately 40 mph. As many as 44,000 Highlander Hybrids could potentially be subject to a recall. Reuters reports that a preliminary investigation is just the first step in the process to determine if the car presents a safety hazard. So far, no injuries are attributed to the stalling problem.

Toyota got a pass earlier this month when the Department of Transportation said that Toyota vehicles did not appear to have any problems with the electronic throttle control system, which many blamed for unintended acceleration in some models. Toyota has recalled more than 18 million vehicles since 2009. Nine million cars were recalled to fix floor mats and stuck gas pedals, and Toyota has paid $48 million in federal fines while hundreds of lawsuits are waiting to be heard for wrongful death and auto accidents blamed on unintended acceleration.

Florida product liability law allows consumers who are injured by a defective product to be compensated for their injury or wrongful death. A defective product is one that is improperly designed, improperly labeled, or made of shoddy materials. Whether the manufacturer, supplier, or distributor - any party along the line can be held responsible for your medical expenses and lost wages.

Farah & Farah’s experienced Florida product liability attorneys will meet with you to discuss your injury that resulted from a defective product and determine if your claim is valid. If so, Farah & Farah will outline the best way to proceed on your behalf.

Students at Middleburg High School in Clay County had grief counselors on campus Tuesday, February 22, one day after two students were killed in a boating accident on Black Creek, according to the Clay County Sheriff’s Office.

Florida Fish and Wildlife Conservation Commission (FWC) investigators report that a 17-year-old male was sitting next to a 15-year-old female on the bow of the 18-foot boat, moving at a good rate of speed, when they collided with a low hanging tree branch that struck the teens in the chest and head. Channel 4 reports that the father of the male teen had turned around to retrieve a fuel pump when he lost control of the boat which veered toward the north bank, a few miles east of the County Road 209 bridge.

The father was reported by the station to have been hospitalized and released.

FWC investigators do not believe alcohol was a factor, even though some beer was found in the boat. The three had spent the day water skiing and water boarding and were on their way back home.

A passing boater came upon the scene and made a 9-1-1 call saying the teens appeared to be unconscious. Our sincere condolences go out to the families of these young teens who were said to be the best of friends.

Florida Boating Accident Statistics
According to the Fish and Wildlife Commission, Florida had 54 boating fatalities in 2008, the second highest number of boating deaths in the country. Only Texas had more fatalities with 61 deaths. There were 65 boating deaths in Florida in 2009, according to FWC, and the state had 982,470 registered boats.

FWC reported that falling overboard resulted in the greatest number of deaths, followed by capsizing, flooding or swamping, a collision with a fixed object, or a collision with a vessel. Most accidents happen in the afternoon into the early evening. Trauma was the primary cause of death 29% of the time, while drowning accounted for 69% of deaths, according to FWC.

Our prayers go out for a speedy recovery of the father involved in this terrible tragedy. If you or a loved one have been involved in a maritime accident, the experienced Florida boating injury accident attorneys at Farah & Farah are always available to discuss your options. Call us in Jacksonville at (904) 396-5555.

Jacksonville.com reports that the parents of a 24-year-old Jacksonville Beach law student have a filed a federal lawsuit in U.S. District Court in Jacksonville against Bombardier Aerospace, a Canadian aircraft manufacturer that made the Dash 8-Q400 aircraft used by the regional carrier for Continental Airlines, Colgan Air, that crashed over Buffalo two years ago killing everyone onboard, including their daughter.

The young woman was a Florida Coastal School of Law student and one of 45 passengers onboard the Continental Connection Flight 3407 when it crashed outside of Buffalo Niagara International Airport on February 12, 2009, after leaving an airport in Newark, New Jersey. Four crew members and one person on the ground died, along with all of the passengers. The National Transportation Safety Board (NTSB) determined that pilot error caused the plane to stall and that he was too inexperienced to recover from the stall. The pilot and co-pilot had been distracted by cockpit conversation and both pilots were tired and had not been adequately trained in flying during snowy and icy conditions. The suit contends that Bombardier was negligent and careless in the plane’s design and by failing to have an adequate warning system.

The family filed the lawsuit in February to stay within the two year statute on limitations. The New York attorney who filed the case also represents the families of 19 other victims on that Colgan Air flight.

Colgan and other regional airline carriers are known for paying low wages and using less experienced pilots, many of whom must travel long distances before beginning work. As a result, they may be flying without adequate rest. The families of those killed on Colgan Air Flight 3407 have been working with Congress to enact quality standards for regional pilots.

Our condolences go out to all of the families of those killed on this doomed flight.

Whether pilot error or a mechanical failure, Farah & Farah’s Jacksonville aviation accident lawyers will offer you a complimentary consultation if you or a loved one have been injured in an aviation accident.

A bill filed by Florida Senator John Thrasher, (R-St. Augustine) would limit the amount of money an injured person could win in a lawsuit against a non-doctor for a medical error that results in injury or death. The Florida Times-Union reports that the bill creates a “sovereign immunity” that is aimed at saving the University of Florida’s Shands teaching hospital millions each year in damages paid to victims of medical malpractice.

State law already provides immunity protection to doctors at Shands. In other words, for example, if a bad doctor operates on the wrong side of your body, or on the wrong organ, the maximum payout in compensation is capped at $100,000, regardless of whether or not you have a lifetime of disability ahead as a result of the medical accident. If someone is injured and has children, the award can increase up to $200,000, which is hardly enough to supplement a family income to compensate for a serious injury or to pay for a lifetime of rehabilitative medical treatment. As it now stands, with a cap on the eventual award and the high cost of pursing a medical malpractice lawsuit most cases of medical malpractice are never filed.

Shands estimates it would save about $10 million annually in insurance premiums for medical malpractice if the bill is passed. Since 2007, the teaching college has paid three cases that surpassed $200,000 and 24 that settled above $100,000. A Shands spokesman said the money saved will go to treat the under-served and medically needy but it’s just a drop in the bucket.

How does a bill like this benefit anyone but the hospital? It doesn’t. As imperfect as a personal injury lawsuit might seem, it serves the purpose of keeping doctors on their toes and provides an incentive to minimize medical errors, which are estimated to kill between 100,000 to 200,000 patients a year. As an alternative, why not have the medical establishment more closely monitor its own doctors. The consumer group Public Citizen, in a 2002 analysis, found that 5 percent of doctors are blamed for half of all medical malpractice.

If you or a loved one has been hurt by an error on the part of a medical professional, our Florida medical malpractice attorneys will offer you a complimentary consultation on your case.

A class-action lawsuit filed against a homebuilder for constructing a neighborhood too close to a World War II bombing range near Orlando has been settled for $1.2 million, according to a report in The Orlando Sentinel. The lawsuit filed by homeowners in the Newport subdivision named The Ryland Group Inc. which did not admit any liability in agreeing to the settlement. The complaint stated that the subdivision was built on and near the former Pinecastle Jeep Range off Lee Vista Boulevard where munitions were tested in WW II.

Ryland said no ordnances had been found and the 118 homes were not on the bombing range. The lawsuit said 65 homes were on or adjacent to the range.

The settlement will be divided among 118 homeowners who will receive anywhere from $1,000 to $15,000. They claim that the value of their properties dropped after the U.S Army Corp of Engineers starting cleaning up the area and found more than 400 live bombs, rockets, and grenades on vacant land behind a middle school.

Newport subdivision homeowners also have sued the developer and marketer of the Vista Lakes community which contains more than 1,500 homes. About 200 homes in the area have been foreclosed, at least partially due to the Pinecastle issue.

If you have been deceived by a home builder regarding the safety of your home or the area, or have suffered injury or illness as a result, there may be avenues for you to receive compensation. It is advised to consult with an experienced personal injury attorney to explore the developer’s liability and to determine if county and state rules were followed. Remember, a statute of limitations will limit the time frame within which to file an action, so consulting early on is necessary.

Another tragic accident has taken the life of a Temple Terrace man who was out riding his bicycle for exercise. The 52-year-old veterinarian and black belt instructor was killed in an accident on Sunday, February 13, around 2 p.m. when he rode his bicycle near the University of South Florida’s Riverfront Park. A 20-year-old was driving the vehicle that struck the man, and her car has been impounded along, with another vehicle. TampaBay.com reports that police suspect the two may have been racing at a high rate of speed and traveling in tandem.

Our condolences are extended to the family and friends of this popular man, husband, and father for his tragic passing.

Florida Bicycle Collisions
State statistics show the number of bicycle fatalities declined in the state from 2008 to 2009 15.3% from 118 to 100. But in Hillsborough County (Tampa Bay area), both bicycle injuries and fatalities increased. There were 321 injuries and 4 bicycle fatalities in the county in 2008 but 346 injuries and 6 fatalities in 2009.

A study by USA Today found that Florida has the highest percentage of pedestrian and bicyclist deaths at 11.1 percent for pedestrians and 17.4 percent for cyclist deaths in 2008.

As more people choose walking and bicycling over cars the state is seeing a corresponding increase in the number of pedestrian and biking injuries and deaths. While federal officials promise that future transportation improvements will take into consideration cyclists and pedestrians, that does very little to stop the trend we’re seeing. The Florida bike crash lawyers at Farah & Farah remind us that we all need to Share the Road with other forms of transportation.

While there are times when the cyclist is at fault for not following the rules of the road, many motorists are too busy or distracted while driving to see a bicyclist until it’s too late.

The law firm of Farah & Farah secured a $1 million verdict for client, Angela Scarberry, 30, following a three-day trial in Duval Circuit Court. Scarberry, now 30, was traveling in her Toyota Camry on November13, 2008, when her car was rear-ended by a Honda Accord being driven by Richard Vanderhoof. The Accord submarined under the Camry and Scarberry was taken to St. Vincent Hospital by her husband.

At trial, counsel Eric. S. Block and Randall Rutledge established that Vanderhoof was negligent and traveling at least 30 mph at the time of the collision. The jury returned the verdict after three hours of deliberations.

Scarberry is the mother of two children and more than two years after the accident, she finds it difficult to do everyday tasks without excruciating pain. “The injuries greatly challenge her ability to be active with her family and have significantly limited her ability to perform everyday activities,” said Rutledge. Scarberry receives injections at the pain points and will need extensive pain treatments in the future, including radio frequency lesioning (RFL).

State Farm, the defendant, had offered $35,000 pre-trial to settle the case, but Farah & Farah counsel thought the cost of the injuries far exceeded that amount, but State Farm declined settling for a greater amount. Because the insurance giant passed on settling, Mrs. Scarberry’s attorneys plan to seek the attorney fees and costs associated with going to trial that have accrued since the settlement talks in July 2010, which are predicted to be significant.

If you or a loved one have been injured in an auto accident, do not let any time lapse before calling the experienced Florida auto accident attorneys at Farah & Farah to consult on your case. A collision can deliver a lifetime of pain and suffering and the responsible party should be the one to shoulder the costs.

Most patients assume that a medical device goes through the same sort of premarket approval (PMA) scrutiny, such as clinical trials, to gain approval by the U.S. Food and Drug Administration (FDA) before the device is marketed. That assumption would be wrong.

The Wall Street Journal reports on a published study in the medical journal Archives of Internal Medicine that shows many hazardous medical devices that have caused injury and death did not go through adequate testing on patients prior to approval. It’s hard to believe, but the little known way to fast track a medical device to the marketplace is known within the FDA as 510(k). As long as a manufacturer claims in a paperwork application that its new medical device is “substantially equivalent” to a device that is already on the market, there is no requirement for the expensive and time-consuming PMA testing.

A 510(k) medical device approval can cost about $20,000 per application compared to (PMA) testing, which takes years and costs more in the area of $800,000.

The 510(k) process does not just apply to tongue depressors or blood pressure cuffs, which carry a low or moderate risk, but implantable devices have been approved under 510(k), such as defibrillators and synthetic surgical mesh for incontinence and hernias.

The FDA has known about the problem with 510(k) testing for some time but has failed to tighten the loophole, according to the study. Author Diana Zuckerman said that reform of the regulatory process is needed now.

The Florida defective medical device attorneys at Farah & Farah would like consumers to become knowledgeable about a medical device before it’s implanted in their body. Ask the doctor if the device was approved under 510(K) and if the doctor doesn’t know the answer, the consumer should check the FDA’s database. Put in the name of the manufacturer in the applicant space, or check with the manufacturer. And if you have a problem with a medical device, report it to MedWatch.

This knowledge could mean the difference between life and death. The article states that 113 medical devices that were recalled between 2005 and 2009 were approved for the market through the 510(k) process instead of PMA.

The Florida Highway Patrol (FHP) is warning parents and pedestrians that there has been a spike in the number of pedestrians killed on our streets in 2010, 35 additional deaths when compared to the year before, reports News 13.

Unfortunately sometimes children decide to play around cars when they are crossing the street and dart in and out of traffic. Parents should talk to their children about how dangerous it is, says an FHP spokeswoman.

The warning comes following an initial report by the Governors Highway Safety Association that found four states – California, Texas, New York and Florida – had 41% of the nation’s traffic fatalities in 2009. California ranked first for pedestrian fatalities, with Florida second at nearly 500 pedestrian fatalities in the state.

The preliminary report from the Governors Highway Safety Association also found a slight increase nationwide.

Farah & Farah’s personal injury attorneys would like to remind you that morning and afternoon hours around the beginning and end of school are particularly dangerous times for pedestrians and school children and motorists need to be on the lookout. Pedestrians should always make eye contact with a driver, know the rules of the road, know when they have the right of way, and always use a crosswalk.

If you or a loved one have been injured in a pedestrian accident in Florida by a negligent motorist, Farah & Farah’s experienced Florida pedestrian accident injury attorneys have 30 years of experience in helping people injured in pedestrian and auto accidents get back on their feet.

Florida is behind the times. That was the basic message of the chair of the National Transportation Safety Board (NTSB), Debbie Hersman, to the Tallahassee Democrat’s editorial board on Tuesday, February 8. A report on Tallahassee.com reports that Florida is one of only three states that doesn’t have a booster-seat requirement and Hersman, a mother of three, would like to see that changed. The other two states are Arizona and South Dakota.

The NTSB chair was in town to encourage and meet with legislative leaders on the issue. The basic problem is that seat belts are made for adult bodies and a small child is likely to have a belt hit them improperly. In the case of a collision, a belt not correctly placed can sever a spine or lacerate a liver. The recommendation is for children ages 4 to 8 to sit in a booster seat that allows the belt to restrain them properly.

Child Passenger Safety Statistics
According to the NTSB, motor vehicle crashes still cause about one of every three injury deaths among children ages 13 and younger. An auto crash is the leading cause of death of children ages 2 to 12. Every year about 1,800 children ages 14 and younger die in car crashes and more than 280,000 are injured.

Parents are encouraged to place all children in the rear seat of the vehicle in order to reduce the risk of a fatality by about one-third.

Farah & Farah’s Florida auto accident lawyers recommend the booster seat be placed in the back seat. You will know when the adult seat belt is fitting properly when the belt lies across the chest between the neck and the arm and the lap belt lies on the upper thighs, not the stomach. Children can usually use an adult seat belt when they are at least 4 feet, 9 inches tall.

Ever since September 2009, when Toyota Motors recalled 11 million vehicles, speculation has been that the cars electronic system was the reason behind the unintended acceleration that led to many deaths and auto crashes. Slipping floor mats, a defective braking system, and a faulty accelerator gas pedal didn’t seem to answer all of the outstanding questions as to why experienced drivers were not able to control different models of Toyotas, from the Prius to the Lexus. Now, a report issued by the National Highway Traffic Safety Administration, conducted by the National Aeronautics and Space Administration (NASA), has found that there are no electronic flaws capable of leading to the large throttle opening that caused the dangerous high-speed unintended accelerating Toyotas.

The report was issued on Tuesday, February 8, and is based on a $1.5 million study by NASA, reports The Los Angeles Times. In the study, engineers analyzed 280,000 lines of software code to conclude there were no malfunctions in the electronics that led to runaway Toyotas. The study's conclusion was that Toyota's problems with unintended acceleration are likely mechanical not electrical.

NHTSA is proposing that by the end of 2011, new motor vehicles be equipped with a brake override system to stop vehicles that accelerate unintentionally, and that passenger vehicles come equipped with data recorders.

Toyota is facing numerous personal injury and wrongful death lawsuits regarding the malfunctioning vehicles and the federal government has fined the company $48 million for failing to notify federal regulators about problems in a timely manner, as required by law.

If you or a loved one has been injured in an accident that you believe was caused by a defective vehicle, do not hesitate to contact the experienced Florida auto product liability lawyers at Farah & Farah. We can begin an investigation into your accident in order to explore your legal options.

This is a sad story to report out of St. Mary’s, Florida. Two teenagers died and four others were injured when they crashed and rolled their Ford SUV on Sunday, February 6 around 11:30 a.m. on Interstate 4 north of Orlando. The Orlando Sentinel reports that the crash occurred near the Lake Mary exit. The 2003 Ford SUV was being driven by a 17-year-old high school female and her 19-year-old passenger, who was her boyfriend. Both were killed when the SUV swerved toward the shoulder of the road and then overturned ejecting both teens from the vehicle. Neither was wearing a seat belt. Three other teens in the vehicle received minor injuries and an 18-year-old female passenger was critically injured.

All of the teens either attended or had graduated from Boone High School and were part of a close circle of friends who were on their way to New Smyrna Beach. The FHP has no idea why the female driver would lose control of the vehicle but an investigation is underway.

This is a particularly tragic story for the families of all of the teens involved, especially the two killed as they had dated for many years and are described as good kids who were well liked. Our sincere condolences are extended to the friends and families of the deceased and we wish a speedy recovery for those injured.

A total of 4,054 teenagers ages 13-19 lost their lives in motor vehicle crashes in 2008, according to the Insurance Institute for Highway Safety. That number represents a 54% drop from 1975 and 19% drop from 2007.

Auto accidents remain the leading cause of death for teenagers. That’s one of the reasons that 46 states, including the District of Columbia, have graduated license programs for new teen drivers, which are believed to be responsible for a 10 to 30% reduction in teen crashes, according to federal statistics.

If you or your teenager is involved in an auto accident in Florida, the experienced Florida car crash lawyers at Farah & Farah can help you during this difficult time. Call us and we can get started by offering you a complimentary consultation on your accident to explore your legal options.

Consumer Affairs reports on a study by the Insurance Institute for Highway Safety (IIHS) that found among 35 airbag-related deaths, 25 of the victims were women between 4-feet 7-inches and 5-feet 4.9-inches. Eleven of these women were sitting too close to the steering wheel and two were so close they made contact with the wheel even as the airbag deployed. While airbags have no doubt saved countless lives, about 5% of women sit closer to the steering wheel than 9.84 inches, putting them at risk for internal injuries from the air bag that inflates at about 200 miles per hour as well as coming in contact with the windshield and dashboard.

The IIHS advises shorter women to sit father than 10 inches away from the steering wheel as measured from the center of the steering wheel to their chest. And if that is impossible, the nonprofit group recommends pedal extenders be installed which are available at an auto parts store.

Since 1990, the National Highway Traffic Safety Administration (NHTSA) has recorded 175 fatalities due to the deployment of air bags with about 104 of the fatalities among children. At the same time, NHTSA reports thousands of lives have been saved due to airbags.

Airbags were never intended to be a replacement for seat belts but are a supplemental safety device to be used with a seat belt which holds a passenger in the proper position to be most protected by an air bag.

If you have had a problem with or been injured by an airbag, you would be well-advised to consult with a Florida defective airbag attorney to help determine to what extent the airbag may have contributed to your injuries.

Consumer Affairs reports that consumer activist Ralph Nader believes the 1993 to 2004 Jeep Grand Cherokees are unsafe, saying the vehicles are “modern day Pinto for soccer moms with a fuel tank located dangerously behind the rear axle in the crush zone of an impact.”

Nader is referring to the defective subcompact Ford Pinto that was inclined to burst into flames following a rear-end collision before it was recalled by Ford in 1978. Nader was one of the leading advocates to get the dangerous vehicle off the road. Jeep is now owned by Fiat since its purchase of Chrysler. During a speech in Milan, Italy, Nader told the crowd that Fiat has a moral obligation to remedy the location of the deadly fuel tank.

One victim of the defective vehicle is a woman who had dropped her children off at school when she was hit from behind, according to Nader. Because her door jammed shut, she tried to get out of the passenger side but could not and was burned to death in the vehicle. In that death and two others, the vehicle that hit from behind had a low front end that submarined under the Jeep hitting the fuel system.

The National Highway Traffic Safety Administration (NHTSA) opened an investigation into Jeeps in August 2010 after they were linked to 22 crashes and 14 deaths. The Center for Auto Safety has revised that number and says there have been 64 deaths that resulted from 44 accidents. NHTSA could recall 3 million of the Jeeps. DaimlerChrysler must have known it had a problem when it ordered the fuel tank to be moved beginning with the 2005 models.

As Florida auto product liability attorneys, we have seen far too many serious injuries that result from a defective product or component of an automobile that fails. Our investigators will determine how the vehicle caused your injury or a family member’s wrongful death. When a manufacturer or designer and distributor fail to produce a safe product, they should be held responsible.

There is new information to report on a missing hit-and-run vehicle that may have killed a pedestrian in Jacksonville Beach on January 22, according to The Florida Times-Union.

The car allegedly involved in the fatal Florida hit-and-run car crash has been found in Topeka, Kansas by the Topeka Police. Investigators from Florida have made the trip there to recover the vehicle and to look for its owner who is wanted for questioning in the death of a 35-year-old man who was killed in a pedestrian accident in the 1300 block of Shetter Avenue in Jacksonville Beach. The owner of the car has been missing since the hit-and-run crash and he was last observed leaving the scene. He had connections to the Topeka area. The pedestrian who was killed was from nearby Lawrence, Kansas.

Leaving the Scene of an Accident
Leaving the scene of an accident turns a possible misdemeanor into a felony and criminal act. In this case, leaving the scene where there is a death is a felony of the first degree, which carries a prison term of up to 30 years.

Why do people run? They may have an expired license or may be driving under the influence. There may be a warrant for their arrest on another offense. Federal statistics indicate almost 11 percent of all car crashes are hit-and-runs, and the numbers appear to be increasing, especially in Jacksonville. Florida ranks third in the nation for hit-and-run accidents.

If you have been involved in a hit-and-run, you should know that Florida law mandates you stay and answer questions and offer your help.

Because this is such a problem in our state, the Florida car accident lawyers at the Farah & Farah law firm are members of Hit-and-Run Reward, a national program financed exclusively by U.S. personal injury attorneys. You could receive a financial reward of $1,000 for reporting anyone later convicted of the hit-and-run accident. The number for Hit-and-Run Reward is 1-800-644-8678.

Consumer Affairs reports that the Department of Justice (DOJ) has filed a complaint against Boston Scientific Corp. and Guidant for knowingly selling defective cardiac defibrillators. The medical devices in question, the Ventak Prizm 2, and the Renewal 1 and 2, were being redesigned but Guidant continued to sell the remaining stock that was still on shelves knowing they were defective.

Implantable cardiac defibrillators detect an irregular heart beat and are supposed to deliver a life-saving shock.

The government complaint says Guidant knew as early as April 2002 that the Prizm2 had a potentially life-threatening defect and hid that information from doctors, patients, and the FDA putting patient lives at risk and costing Medicare and taxpayers. In fact, Guidant did not reveal the defective devices to the FDA until May 2005 after an article appeared in the New York Times.

Last February the company pleaded guilty to misleading the federal agency about the defective medical devices. In 2006, Guidant was acquired by Boston Scientific.

A private citizen, in this case a man who received one of the defective devices, blew the whistle on Guidant and can receive a portion of the monies awarded to the government in recovery.

Under Florida’s product liability law, an injured consumer can make a claim if the product sold is in a condition that presents an unreasonable danger to the public and if the risk of danger outweighs the benefits.

The manufacturer, seller, and designer can all be held liable for a defective product and be held responsible for compensating the injured for medical expenses and lost wages as well as pain and suffering. Farah & Farah’s Florida product liability attorneys will offer you a complimentary meeting to determine if you have a claim we can pursue for your benefit.