Jacksonville Personal Injury Blog

A husband and wife were killed on Saturday, August 27, after they were hit by a car heading the wrong way on U.S. Highway 27 in Ocala. The 43-year-old man and 40-year-old woman died at the intersection of the highway with Northwest 154th Avenue Road just after 11 p.m. The woman was driving a 2000 Chevrolet sedan southbound in the left lane of U.S. 27 when a 35-year-old man from Williston driving a 1998 Jeep was northbound in the same lane. Everyone was wearing a seat belt and the Jeep driver suffered minor injuries. He was taken to Shands Hospital and could be charged with this deadly crash for being the at-fault driver that caused the death of these two people.

People writing into The Ocala Star-Banner report that the couple were parents to three children. Our condolences go out to the entire family and friends of this couple for their sudden passing. This crash marks the 44th and 45th fatalities for Marion County so far this year.

An experienced Florida car accident attorney will often look at DUI as a reason one driver might drift into the lane of an oncoming car. Farah & Farah reminds us that driving is serious business. Drive defensively and stay in your lane always watching to see if oncoming traffic is on their side of the line. If you must avoid a vehicle, act fast and try not to jerk the wheel which can result in a rollover, particularly if you are in an SUV or any vehicle with a high center of gravity. Try to keep at least two wheels on the pavement if you must swerve, which allows more control of the vehicle.

Source: http://www.ocala.com/article/20110829/ARTICLES/110829708/1001/news01?Title=Ocala-couple-killed-in-Saturday-crash

It happens every day – a motorist sees a speed trap then flashes their vehicle's lights so oncoming cars are warned in advance. Most people don’t understand that they can receive a ticket for that in Florida, or can they? An Oviedo law firm filed a lawsuit on behalf of a 22-year-old motorist who was on her way to school one morning when she received a ticket for flashing her lights to warn other motorists. She was told by the officer she had broken the law, but what law?

She filed a lawsuit, challenged the ticket and won, something 2,900 other motorists are hoping happens to them in another lawsuit filed Wednesday, August 24 in Tallahassee. The motorists all received tickets from 2005 to 2009 and were told flashing their lights was against the law. However, there is no law against flashing your lights. Officers were merely misinterpreting a law against putting emergency lights on their vehicles.

Even more, the lawyer representing the group argued in the lawsuit the officers in writing those tickets violated an individual driver’s right to free speech. He has requested of a judge in Tallahassee that a class action be certified so that everyone who received a ticket between 2005 and 2010 is able to join the class.

The lead plaintiff is a 38-year-old man from Tampa who was ticketed two years ago and paid a $100 fine. The lawyer behind the suit says that law enforcement is engaging in illegal, wrongful, and unconstitutional actions which amount to theft, misuse of office, and extortion.

Sources: http://articles.orlandosentinel.com/2011-08-26/news/os-headlight-flash-cop-warning-20110826_1_speed-trap-florida-cops-ticket and http://www.firstcoastnews.com/news/article/216517/3/Lawsuit-Claims-You-Have-A-Right-To-Warn-Drivers-About-Speed-Traps

The new General Motors, which has emerged from bankruptcy, says it shouldn’t be responsible for the old company’s warranty problems, Consumer Affairs reports. Consumers have experienced suspension problems in Chevrolets from the 2007 to 2008 model year, but the carmaker filed a petition to court to dismiss a class action lawsuit filed over 400,000 vehicles.

A woman from Blakely, Pennsylvania, filed the lawsuit June 29 against General Motors arguing that her Impala was defective and the rear spindle rods caused the tires to wear out after 6,000 miles. The lawsuit points out that police vehicles, which are commonly the Chevrolet Impala, were repaired by GM.

Unfortunately for consumers when GM filed for bankruptcy in 2009 it was allowed to forgo any responsibility to consumers who had been injured and for car repairs such as the defective spindle. Plaintiffs in a bankruptcy are grouped with other unsecured creditors so they are the last in line to receive whatever is left of the old company. While this happens in bankruptcy proceedings it has never happened to the level it happened in the bankruptcies of GM and Chrysler.

Under bankruptcy law GM was allowed to throw off its liabilities while at the same time automakers GM and Chrysler received more than $17 billion in bailout money from taxpayers, the same people who are waiting to have their defective automobiles fixed. The New GM would not pick up the liability for defective designs, bad decisions or alleged breaches of liability under the warranty, except for cars made after the bankruptcy date.

Consumers were thrown under the bus, but the car company survived and thrived. Seeking class-action status and alleging breach of warranty, the lawsuit demands that GM fix the rods, saying that it had done so on Impala police vehicles.

Unfortunately under bankruptcy law, the New GM may be able to shake off its creditors and liabilities in order to move forward. The motion was filed in U.S. District Court in Detroit and it will be up to the judge there to decide if the New GM has any liability for the 400,000 vehicle owners who are having problems with their defective automobiles.

Sources: http://www.consumeraffairs.com/news04/2011/08/gm-voids-pre-bankruptcy-warranties.html and http://www.reuters.com/article/2011/08/19/gm-impala-lawsuit-idUSN1E77I0Z820110819

Allstate Insurance recently launched a national campaign to encourage teens not to text and drive and a local woman in Jacksonville is helping. She has decided to launch her own campaign after hearing the statistics on teens and auto accidents. Her husband used to work for Allstate in its claims office in Jacksonville and would tell her about accidents involving teens, reports The Florida Times-Union. So his wife, who owns a Jacksonville insurance agency, and her director of marketing decided to launch their own campaign to help stop the epidemic.

On a recent visit to Clay High School they handed out "txtng klls" rings with that message to students who take a pledge not to drive and text. A banner has the left thumb imprint of every student who pledged not to text while driving. Customers of the woman’s insurance company have signed a similar banner which hangs outside her office on St. Johns Bluff Road. She plans to take the program all around schools in Northeast Florida.

According to Allstate Insurance, more than 4,000 teenagers are killed in car crashes every year, making car accidents the leading killer of American teens. Reaching for a cellphone alone can distract a driver enough to raise the risk of an accident nine-fold. Consider the distance one can travel at 55 mph. Spend five seconds looking down at a cellphone while going that speed and you have traveled the length of a football field, totally blind.

Anyone who would like to participate in the "X the TXT" campaign can call 904-645-8880.

And if you or a family member has been involved in a car accident that was caused by a distracted driver, the distracted driving accident lawyers in Jacksonville at Farah & Farah are just a phone call away at 1-800-533-3555.

Source: http://jacksonville.com/opinion/blog/400799/charlie-patton/2011-08-23/one-us-first-coast-women-spread-message-txtng-klls

According to an article in The Palm Beach Post, deaths from prescription drugs in Florida now exceed deaths from illegal drugs and increased almost 9 percent last year despite a crackdown by law enforcement.

In June, Gov. Rick Scott signed a bill into law penalizing those who overprescribe painkillers from “pill mills.” Florida has been a mecca for the sales of illicit prescription drugs from so-called pain clinics. Information from the Florida Department of Law Enforcement released Monday, August 15, linked 2,719 Florida deaths in 2010 to prescription drugs, compared to 2,488 in 2009.

Topping the list of most dangerous drugs is oxycodone, which is blamed for 1,516 deaths, nearly three times the death rate for cocaine. The problem is particularly bad for Pinellas and Pasco counties.

On Monday, FDLE officials planned to destroy about 148,000 prescription pills that had been confiscated from South Florida. According to Gov. Scott’s office, Florida launched a prescription drug task force in March which has arrested 17 doctors and seized 252,410 pharmaceutical pills.

There are no numbers available yet about the drug deaths from the first half of 2011, but the governor said oxycodone deaths have declined 17 percent for the year when compared to 2010. Part of the new law tightens the oversight of operating pharmacies and makes changes to a drug-monitoring database by prohibiting pharmaceutical companies from contributing to its operation.

Source: http://www.palmbeachpost.com/news/state/fla-prescription-drug-deaths-rise-in-2010-1746985.html and http://www.miamiherald.com/2011/08/15/2360323/fla-prescription-drug-deaths-rise.html#ixzz1Vj8BEnQB

Five supermarkets in Florida received some of the turkey contaminated with salmonella that was recalled last week. The stores are Winn-Dixie, Albertsons,IGA, Walmart, and Aldi. The meat was removed from store shelves. The type of salmonella identified by inspectors was Heidelberg and it was suspected to have contaminated 36 million pounds of ground turkey processed from February 20 to August 2. Cargill’s plant is in Springdale, Arkansas, though the source of the contamination was not identified by The Sun Sentinel. The salmonella Heidelberg strain is resistant to antibiotics.

One person has died and 107 from 31 states including Texas, Ohio, Illinois, and Michigan were sickened from eating the turkey. There were no sicknesses reported in Florida.

Consumers who may still have some of the meat in their freezer can return the food for a refund or call Cargill at 1-888-812-1646 or go to Cargill.com. The recalls brands include Honeysuckle White, Shady Brook Farms, Fit & Active and Giant Eagle.

Cargill is facing a number of lawsuits over the salmonella-contaminated turkey including one filed by the parents of a 10-month-old girl who ate spaghetti and meat balls containing ground turkey. The baby had diarrhea and a fever of 102-degrees and the bacteria was in her bloodstream. She was hospitalized for seven days.

Cargill has a history of recalls associated with contaminated food going back to 1993, reports Consumer Affairs. Industrialized farming concentrates livestock in conditions that are far removed from natural and antibiotics are put in livestock feed to fight off disease from the unnatural conditions and to encourage growth of the animals. That makes the bacteria evolve to be resistant to the antibiotics used.

It’s no wonder people are returning to locally grown food in season produced by farmers they can meet who feel responsible toward their customers. We encourage people to visit the farmer’s markets that are cropping up all around Florida and the Jacksonville area to lend them you support and vote for clean food with your buying dollar.

Sources: http://www.consumeraffairs.com/news04/2011/08/suits-coming-home-to-roost-in-cargill-turkey-case.html and http://articles.sun-sentinel.com/2011-08-11/news/fl-hk-turkey-recall-stores-20110811_1_cargill-turkey-salmonella-contamination-ground-turkey

Americans may not know that about 80 percent of the active ingredients in many of their medications are produced at 3,700 foreign plants in China, India, and other countries. With less oversight overseas, pharmaceutical companies and device manufacturers can make more product faster and cheaper. China and India do not have the standards of the U.S. Food and Drug Administration (FDA) and it has cost in a lack of American confidence every time there is a drug recall over a contaminated imported drug, such as the contamination of the blood thinner heparin that was linked to 81 deaths. In the heparin case, the Chinese government refused to open the plant to FDA inspectors.

The New York Times reports that a landmark agreement, expected to receive Congressional approval, should offer a solution. A number of generic drug companies will provide $299 million every year to fund U.S. inspections of foreign plants. The move is long overdue. The FDA can barely keep pace with domestic plants and the Times reports that about 64 percent of foreign drug manufacturing plants have never been inspected by U.S. regulators.

Expect generic drug approval to be fast-tracked as the FDA gains new reviewers courtesy of U.S. drug makers. This boost only affects generic drugs and will do nothing to tighten safety over brand name medications, over-the counter drugs, or vitamins.

The pharmaceutical litigation lawyers in Jacksonville at the Farah & Farah law firm believe this is a move in the right direction to clear up the confusion and potential for danger coming from products and plants that are not properly inspected. This might be a private-public partnership that actually is a win-win for everyone, especially patient safety.

Sources: http://www.fairwarning.org/2011/08/deal-reached-to-boost-inspections-of-foreign-drug-manufacturing-plants/ and http://www.nytimes.com/2011/08/13/science/13drug.html?_r=2&pagewanted=1&ref=health

A young Flagler County Sheriff’s deputy lost control of his cruiser and crashed in a ditch off U.S. 1, just south of Palm Coast Parkway about 75 yards south of Palm Coast Parkway, Saturday evening, August 13, around 8 p.m.

The 20-year-old deputy was not hurt and was seen at the scene talking to other deputies. The Sheriff’s office, along with the Florida Highway Patrol, is investigating the accident. Flagler Live reports an FHP trooper was taking measurements of the accident scene.

The deputy was off duty at the time of the crash and his was the only vehicle involved. The paper reports that from the marks in the road it appeared the deputy failed to negotiate a curve in the road and the Crown Victoria flew into the ditch in a straight line before hitting a tree on the driver’s side. The young deputy was hired in January 2011. The news story does not say if he will remain on the job while an investigation of the car accident takes place.

In Florida many want to criticize older drivers for causing accidents, but according to federal statistics, the risk of a crash for a 16-to-19-year-old driver is about four times the risk for older drivers. In Florida in 2006, the state reports that 20-24 year-old drivers had the highest number of motor vehicle deaths at 4,577. Deaths have been on the decline since then but that age group consistently represents the highest number of car crashes, while drivers age 70 and older represent the age group with the fewest number of crashes.

Regardless of who was behind the wheel, fortunately, there were no serious injuries that resulted from this Florida car accident.

Source: http://flaglerlive.com/26662/flagler-sheriffs-deputy-crash

A report by CNBC grades the most dangerous driving cities with populations over 150,000 and one-third of the cities are in Florida. Jacksonville ranks #11 while Fort Lauderdale is #1. The data used to create the ranking is the most recent from the National Highway Traffic Safety Administration’s (NHTSA) Fatality Analysis Reporting System and General Estimates System.

Fort Lauderdale was the most dangerous city to drive in with a population of 183,126 and a total fatality rate per 100,000 of 22.39. There were 41 fatalities and 24.4 percent of the fatalities were pedestrians. Compare that to Jacksonville with a population of 807,815 because the city is so spread out. There were 116 total fatalities, 13 of which involved pedestrians while the percentage of pedestrian deaths was 13.8 percent.

The survey says tourists often don’t know where they are going and may account for some of the vehicular hazards. Florida still has failed to enact any ban on distracted driving and the use of cell phones and texting while behind the wheel, which is believed to contribute to car accidents.

Los Angeles was the worst for fatalities at 293. And believe it or not, Pittsburgh was the worst state for pedestrian fatalities, representing half of total fatalities.

Here is the complete list of the top 15 places in America that are the most dangerous to drive in per 100,000 population, with their fatality rate listed in parentheses:

15. Oklahoma City, Okla. (13.41)
14. Birmingham, Ala. (13.55)
13. Tulsa, Okla. (14.00)
12. St. Petersburg, Fla. (14.27)
11. Jacksonville, Fla. (14.36)
10. Lubbock, Texas (14.97)
9. Memphis, Tenn. (15.08)
8. Jackson, Miss. (15.53)
7. Chattanooga, Tenn. (16.39)
6. Salt Lake City, Utah (16.51)
5. San Bernardino, Calif. (17.12)
4. Little Rock, Ark. (17.94)
3. Augusta-Richmond Co., Ga. (19.57)
2. Orlando, Fla. (19.95)
1. Fort Lauderdale, Fla. (22.39)

Sources: http://www.firstcoastnews.com/news/article/214647/368/Jacksonville-Among-Top-15-Dangerous-Cities-for-Drivers, http://autos.yahoo.com/news/15-dangerous-cities-for-driving.html and http://www.cnbc.com/id/43948183?_source=yahooautos|dangerous|&par=yahooautos

A 33-year-old woman from Kansas who was run over by a Daytona Beach patrol truck plans to file a lawsuit against Volusia County, charging negligence by the beach patrol and the 21-year-old part-time lifeguard who ran over her.

The woman was lying on the beach, on her stomach on July 31 when her head was hit from the front wheel of the Ford-150 pickup truck used for patrol and owned by the county. She spent a week in the hospital with facial fractures, broken eye bones, and ribs. Her lawyer alleges the lifeguard was poorly trained, reports The Daytona Beach News-Journal. The woman’s five and eight-year-old children were coming out of the water at the time of the accident and the older girl turned her brother away from the scene. The lawsuit asks the county to pay for the woman’s medical treatments, which are expected to top $100,000.

And in another beach accident in July 2010 that resulted in the death of a four-year-old, the county has received notice that a lawsuit has been filed. A 34-year-old man in his own personal vehicle hit the little boy when he ran out between vehicles. The suit claims negligent traffic management led to the death of the boy.

The only good news to report is that Volusia County has revamped its beach patrols. Pickup trucks, which have enormous blind spots, are no longer allowed to patrol 17 miles of Daytona Beach which allows motorists to drive on. This latest incident was the third personal injury of a beachgoer by a county vehicle since June of last year. It is under investigation by the Florida Highway Patrol and a citation could be issued.

Personal injury lawsuits in Florida can be filed if a person, a manufacturer, or a county is negligent or careless. The defendant owes a duty of care and if it is breached there may be negligence. Damages in a negligence lawsuit should be awarded to make the person whole as if the damage or injury didn’t happen. If the injured can no longer work, they need to be compensated for that cost. Medical expenses, special accommodations, rehabilitation, nursing home care all need to be calculated as well as pain and suffering. Farah & Farah has an open door to listen to the specifics of your situation, anytime of the night or day, so don't hesitate to contact one of our attorneys today to learn more about how we can help you.

Source: http://www.news-journalonline.com/news/local/east-volusia/2011/08/09/woman-struck-on-beach-plans-to-sue-volusia.html

The Food and Drug Administration (FDA) has announced plans to make changes to the fast-track system for getting many medical devices on the market without premarket testing, but for some women the slow-acting agency announcement is too little too late. In July, the FDA issued a second, stronger-worded warning that complications from mesh may not be “rare” as the agency had previously stated in 2008. Instead there may be a 10 percent complication rate, says the FDA warning, based on adverse reaction reports coming into the agency. Those reports are believed to represent just a fraction of what occurs in the real world. The FDA will convene a panel of experts in September to discuss mesh, but in the meantime it remains on the market and it is estimated that about 75,000 women receive the medical device for pelvic organ prolapse every year.

One woman tells Florida Today about feeling like she has barbed wire inside of her after she had synthetic surgical mesh implanted to treat pelvic organ prolapse. Four women from the Melbourne area of Florida are now part of dozens of lawsuits that have been filed against mesh manufactures involving hundreds of women from 34 states. A federal judge in West Virginia is overseeing the discovery process. The lawsuits can be settled or sent back to the plaintiff’s state for a jury trial.

Pelvic organ prolapse affects up to 50 percent of women over the age of 50 and is an organ slippage due to weakened pelvic muscles. Most women who have been implanted with mesh say the cure was far worse than the pelvic organ slippage or their incontinence, also treated with mesh.

Pain is one symptom along with mesh migration and erosion through tissues and organs. Repeated infections are common and often incontinence returns and people are unable to work. Many turn to multiple surgeries to try and have the mesh removed, which is likened to removing gum from hair.

If you have suffered due to implanted synthetic surgical mesh, you may be feeling pain and return to the same doctor for solutions. But many doctors receive their education about mesh from sales representatives for the pharmaceutical companies and are unaware of the multitude of side effects. Many doctors believe their patients are imagining the problems and some doctors will refuse to further treat the women. However, as this unfolding story shows, you are not alone and the symptoms are not in your head.

The Farah & Farah law firm understands that there is an enormous underreported problem with synthetic surgical mesh and we want to discuss your injuries to provide you with options for compensation. Call our surgical mesh injury lawyers in Florida at 1-800-533-3555 so we can begin the conversation.

Source: http://www.floridatoday.com/article/20110809/LIFE01/108090308/Brevard-women-sue-over-mesh-devices?odyssey=nav|head

A man and his wife visiting Orlando from Puerto Rico ended up in the hospital after he says he was hit in the eye while on the Dragon Challenge at Universal’s Islands of Adventure on Sunday, July 31. The ride had to be shut down and the man’s eye and face were bloody when he disembarked. He was taken to Orlando Regional Medical Center with a pain in his right eye and no vision. Later he said he lost sight in his left eye and he is now completely blind in that eye.

Universal issued a statement that it found nothing that might have fallen in the area. WESH-Television reports that the two roller coasters pass each other in close proximity and even though the people at the gate try to keep riders from bringing loose objects on the ride, imagine what could fall out of someone’s pocket? The man says he has lost vision permanently in his right eye. The dual roller coasters reopened Monday, August 1. The man and his wife have hired an attorney to file a personal injury lawsuit.

According to a study by the Consumer Product Safety Commission (CPSC), from 1997 to 2003, there were 2,800 to 4,300 emergency room injuries associated with parks nationwide. From 1987 to 2001, there were 55 deaths at amusement parks including falls, drowning, traumatic head injury, stroke, brain aneurysm, paralysis. There are also problems with inattentive and inexperienced operators of these rides in rare instances.

The Orlando Sentinel found that none of the 477 personal injury lawsuits filed against parks during a five-year period ever went to trial. They were all settled for a relatively small amount - less than $25,000 each.

It is difficult to imagine that this case will fall into that category since this man may have a permanent disability and has an emergency room bill and stay in the hospital. At Farah & Farah, our personal injury attorneys in Jacksonville remind you that an amusement park is like a small city and is full of all types of potential for injury. When a park invites guests to its facility, it needs to uphold its responsibility to keep the facility safe for everyone. When that trust is breached, you may have avenues to explore for compensation through a personal injury lawsuit.

Sources: http://www.wesh.com/news/28743526/detail.html#ixzz1UOi7x7Y6, http://www.orlandosentinel.com/business/orl-themepark-injury-lawsuits-033009,0,5046537.story and http://www.cpsc.gov/library/foia/foia05/os/amusrest.pdf

A Jacksonville hookah bar has been named in a civil lawsuit by the family of a teenage girl who was killed by an underage drinker who had just left the bar. The collision happened around midnight November 14, 2010, when a 20-year-old US Navy sailor left the bar in Jacksonville, which had a reputation for serving underage drinkers. His car slammed into one being driven by a 19-year-old who was minutes away from her home to make her 12:30 a.m. curfew. The young man has been charged with DUI and vehicular homicide, which if convicted, can bring him 15 years in prison.

According to a story in First Coast News, before the crash, people on Facebook commented that the bar would serve underage drinkers. The sailor had a blood alcohol level of .204 - almost three times the legal limit for intoxication (0.08), according to the Florida Highway Patrol (FHP). And the news station says the young man had just been released from rehab.

The teenage girl was planning to be a pharmacist. Her family says she was an organ donor and at least her death meant life for some other people.

Under Florida Statute 768.125, an establishment is not liable for injuries caused by someone who was just drinking at its bar unless the drunk driver was under the age of 21, or unless the establishment knew the person was habitually addicted to alcohol. In the latter case, a bartender can claim that they had no knowledge of the habits of the alcoholic, but in the first case there is very little wiggle room- either the drinker was 21 or not.

This case is being prepared for trial. Our condolences go out to the family and friends of the young woman who died through no fault of her own.

Sources: http://www.firstcoastnews.com/news/local/article/213717/3/Hookah-Bar-Sued-for-Serving-Minor-Involved-in-Fatal-Accident and http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0700-0799/0768/Sections/0768.125.html

According to the Florida Highway Patrol (FHP), a 33-year-old woman from Wichita, Kansas was out sunbathing on Daytona Beach Shores, Sunday morning, July 31, when a lifeguard, out investigating broken glass, failed to see a sunbather who was lying on her stomach and drove over her mid-section and head area with a pickup truck. The 21-year-old Daytona Beach lifeguard who drove over the woman during beach patrol reportedly never took the required 16-hour beach driving course.

The woman is now reported to be in stable condition at Halifax Health Medical Center in intensive care after she was observed by her family bleeding from her nose. FHP says this is the sixth time since 2003 that Volusia Beach Patrol was involved in an accident with a person on the beach. The county is reported to be reviewing its policy and will discuss a change at the County Council meeting on Thursday. Changes may involve using smaller vehicles such as using ATVs to patrol the beach, which would allow better visibility by beach patrol.

The employee was given a drug test and sent home after the incident.

The county realizes it is facing some personal liability. In Miami Beach, according to The Daytona Beach News-Journal, only lieutenants are allowed to drive pickups on the beach while others use ATVs. In some cases, a second employee rides to lookout for anyone lying on the beach. Whatever the changes are, expect some to be made.

Our best wishes go out to this woman for a speedy recovery.

While the county may be willing to cover her medical expenses now and in the future, an experienced Florida personal injury attorney would make sure that all of the compensation she and her family needs is forthcoming.

Sources: http://www.foxnews.com/us/2011/07/31/woman-critically-injured-when-struck-by-beach-patrol-vehicle-in-florida/?test=latestnews and http://www.news-journalonline.com/breakingnews/2011/07/beach-patrol-truck-strikes-beachgoer.html

Unfortunately, Florida drivers are not getting the message to Share the Road. In two separate accidents, two teens were killed, one Thursday night, July 28, near Tampa, and the other Friday night, July 29, in Orange County.

In the first incident, The Miami Herald reports a 14-year-old was killed when he rode into the path of a Dodge Ram pickup truck on US. 301 in Riverview. The pickup was northbound and when it hit the teen the force ejected him from the bicycle and he died at the scene. The bike did not have any lights or reflectors according to the FHP and the teen and his passenger were both wearing dark clothing. The pickup truck driver suffered minor injuries. According to the FHP, no charges will be filed against him.

In the second incident, a 16-year-old on a bicycle was hit and killed in a collision with a vehicle in Orange County, Friday evening, July 29, according to The Orlando Sentinel. The teen was crossing Avalon Park Boulevard at the intersection of Waterford Chase Parkway. It was still light out, about 6:45 p.m., when he rode in front of a 2000 Toyota which swerved to try and miss the teen. He was thrown from the bicycle and taken to Florida Hospital but was pronounced dead there. According to the FHP report, the boy was in the crosswalk but was not wearing a helmet. The motorist was slightly injured as was a passenger in his vehicle. An investigation is ongoing.

Our hearts go out to the families of these two young people who will forever suffer the loss of a young, loved family member.

There is rarely just one cause of an accident, and an experienced bicycle crash lawyer in Florida can launch an investigation into the causes and liability whenever someone is killed in an accident that is found to be caused by negligence.

Sources: http://articles.orlandosentinel.com/2011-07-30/news/os-teen-killed-bicycle-crash-20110729_1_orange-crash-troopers-teen-passengeru and http://www.miamiherald.com/2011/07/29/2336210/15-year-old-bicyclist-dies-in.html

It is that time of year again when temperatures rise and we hear stories of children left in cars to die of hyperthermia. It was an unfortunate reality in 21 child deaths already reported this summer, many of the cases occurring in Florida, Texas, Nevada, North Carolina, and California.

To combat the problem and find solutions, the National Highway Traffic Safety Administration (NHTSA), convened a roundtable of NHTSA experts along with representatives from consumer groups, safety advocates, car seat manufacturers and automotive representatives to find some real workable strategies to combat child fatalities in hot cars, the leading cause of non-crash deaths for children under the age of 14. San Francisco State University’s Department of Geosciences found 49 children under the age of 14 years died in 2010 due to hyperthermia.

Expect to see informational campaigns coordinated with the states and parent’s groups. The advocacy group Kids and Cars has taken a leading role in monitoring all sorts of hazards children encounter with motor vehicles, including being hit when a large vehicle backs out of the driveway and over the blind spot where the child is standing.

Earlier this year, USAToday reported that the federal government delayed implementing a rule requiring backup cameras on most cars and trucks. NHTSA asked for an additional 45 days to collect comments. The holdup is the cost to the auto industry at about $2 to $3 billion a year. The plan required all new vehicles produced by September 2014 to have backup cameras to allow the driver to see if any little person or pet was behind the vehicle. However, according to AutoGuide, the planned implementation has been delayed.

The rule would require the blind spot behind a vehicle – about 20 feet behind and10 feet wide – be visible to the driver. The proposal was agreed to by Congress in 2007 after the death of a toddler whose father accidentally backed over him in the driveway. Currently only about 20 percent of new vehicles have backup cameras.

NHTSA estimates about 18,000 are injured and 300 people are killed in backup accidents every year. The new rule, whenever it’s implemented, is expected to save about 95 to 112 deaths and 7,000 injuries every year.

Bottom line – the personal injury attorneys in Jacksonville at Farah & Farah encourages you to never leave a child unattended around or in a motor vehicle.

Sources: http://www.nhtsa.gov/About+NHTSA/Press+Releases/2011/NHTSA+Steps+Up+Efforts+to+Prevent+Child+Deaths+in+Hot+Cars, www.nhtsa.gov/KeepingKidsSafe, http://www-nrd.nhtsa.dot.gov/Pubs/811116.PDF and http://www.autoguide.com/auto-news/2011/02/plan-to-make-back-up-cameras-mandatory-by-2014-delayed.html