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	<title>I Am Not Legally Allowed To Say I Am the Best Florida Lawyer &#187; Auto Accidents</title>
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		<title>CDC Identifies 10 Public Health Achievements Of 21st Century</title>
		<link>http://www.floridainjurytriallawyer.com/cdc-identifies-10-public-health-achievements-of-21st-century</link>
		<comments>http://www.floridainjurytriallawyer.com/cdc-identifies-10-public-health-achievements-of-21st-century#comments</comments>
		<pubDate>Mon, 27 Jun 2011 14:35:58 +0000</pubDate>
		<dc:creator>Art Zimmet</dc:creator>
				<category><![CDATA[Auto Accidents]]></category>
		<category><![CDATA[Car Accidents]]></category>
		<category><![CDATA[Current Events]]></category>
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		<guid isPermaLink="false">http://www.floridainjurytriallawyer.com/?p=409</guid>
		<description><![CDATA[Advances in public health in this first decade of the 21st Century have contributed to a record low death rate in the U.S. and the continuation of a steady downward trend.
From 1999 to 2009, the age-adjusted death rate in the United States declined from 881.9 per 100,000 population to 741.0, a record low.
Contributing factors for [...]]]></description>
			<content:encoded><![CDATA[<p><a rel="attachment wp-att-410" href="http://www.floridainjurytriallawyer.com/cdc-identifies-10-public-health-achievements-of-21st-century/cb021105"><img class="alignleft size-medium wp-image-410" title="CB021105" src="http://www.floridainjurytriallawyer.com/wp-content/uploads/2011/06/MP900400940-233x300.jpg" alt="CB021105" width="233" height="300" /></a>Advances in public health in this first decade of the 21st Century have contributed to a record low death rate in the U.S. and the continuation of a steady downward trend.</p>
<p>From 1999 to 2009, the age-adjusted death rate in the United States declined from 881.9 per 100,000 population to 741.0, a record low.</p>
<p>Contributing factors for the advances in public health include the development of new vaccines, awareness campaigns, health screening, new legislation and preparedness.</p>
<p>Public health scientists at the Centers for Disease Control and Prevention, were asked to nominate noteworthy public health achievements that occurred in the United States during 2001 &#8211; 2010. From those nominations, 10 achievements, not ranked in any order, have been identified.<br />
<strong><br />
Vaccine-Preventable Diseases</strong></p>
<p>The past decade has seen substantial declines in cases, hospitalizations, deaths, and health-care costs associated with vaccine-preventable diseases. New vaccines were introduced, bringing to 17 the number of diseases targeted by U.S. immunization policy.</p>
<p>A recent economic analysis indicated that vaccination of each U.S. birth cohort with the current childhood immunization schedule prevents approximately 42,000 deaths and 20 million cases of disease, with net savings of nearly $14 billion in direct costs and $69 billion in total societal costs.</p>
<p><strong>Prevention and Control of Infectious Disease</strong></p>
<p>Improvements in state and local public health infrastructure along with innovative and targeted prevention efforts yielded significant progress in controlling infectious diseases. Examples include a 30 percent reduction from 2001 to 2010 in reported U.S. tuberculosis cases and a 58 percent decline from 2001 to 2009 in central line&#8211;associated blood stream infections.</p>
<p>Other major advances include the capacity to identify contaminated foods rapidly and accurately and prevent further spread; expanded HIV screening of persons aged 13&#8211;64 years, and new blood donor screening for the West Nile virus. To date, such screening has interdicted 3,000 potentially infected U.S. donations, removing them from the blood supply.</p>
<p><strong>Tobacco Control</strong></p>
<p>By 2009, 20.6 percent of adults and 19.5 percent of youths were current smokers, compared with 23.5 percent of adults and 34.8 percent of youths 10 years earlier. However, progress in reducing smoking rates among youths and adults appears to have stalled in recent years.</p>
<p>Although no state had a comprehensive smoke-free law (i.e., prohibit smoking in worksites, restaurants, and bars) in 2000, that number increased to 25 states and the District of Columbia (DC) by 2010, with 16 states enacting comprehensive smoke-free laws following the release of the 2006 Surgeon General&#8217;s Report.</p>
<p>In 2009, the largest federal cigarette excise tax increase went into effect, bringing the combined federal and average state excise tax for cigarettes to $2.21 per pack, an increase from $0.76 in 2000. By 2010, FDA had banned flavored cigarettes, established restrictions on youth access, and proposed larger, more effective graphic warning labels that are expected to lead to a significant increase in quit attempts.</p>
<p><strong>Maternal and Infant Health</strong></p>
<p>The past decade has seen significant reductions in the number of infants born with neural tube defects (NTDs) and expansion of screening of newborns for metabolic and other heritable disorders. Mandatory folic acid fortification of cereal grain products labeled as enriched in the United States beginning in 1998 contributed to a 36 percent reduction in NTDs from 1996 to 2006 and prevented an estimated 10,000 NTD-affected pregnancies in the past decade, resulting in a savings of $4.7 billion in direct costs.</p>
<p>Improvements in technology and endorsement of a uniform newborn-screening panel of diseases have led to earlier life-saving treatment and intervention for at least 3,400 additional newborns each year with selected genetic and endocrine disorders. Newborn screening for hearing loss increased from 46.5 percent in 1999 to 96.9 percent in 2008.</p>
<p><strong>Motor Vehicle Safety</strong></p>
<p>Motor vehicle crashes are among the top 10 causes of death for U.S. residents of all ages and the leading cause of death for persons aged 5 to 34 years. In terms of years of potential life lost before age 65, motor vehicle crashes ranked third in 2007, behind only cancer and heart disease.</p>
<p>From 2000 to 2009, the death rate related to motor vehicle travel declined from 14.9 per 100,000 population to 11.0, and the injury rate declined from 1,130 to 722; among children, the number of pedestrian deaths declined by 49 percent, from 475 to 244, and the number of bicyclist deaths declined by 58 percent, from 178 to 74.</p>
<p>These successes largely resulted from safer vehicles, safer roadways, and safer road use. Behavior was improved by protective policies, including effective seat belt and child safety seat legislation; 49 states and the DC have enacted seat belt laws for adults, and all 50 states and DC have enacted legislation that protects children riding in vehicles.</p>
<p><strong>Cardiovascular Disease Prevention</strong></p>
<p>Preliminary data from 2009 indicate that stroke is now the fourth leading cause of death in the United States. During the past decade, the age-adjusted coronary heart disease and stroke death rates declined from 195 to 126 per 100,000 population and from 61.6 to 42.2 per 100,000 population. Factors contributing to these reductions include declines in the prevalence of cardiovascular risk factors such as uncontrolled hypertension, elevated cholesterol, and smoking, and improvements in treatments, medications, and quality of care.<br />
<strong><br />
Occupational Safety</strong></p>
<p>Significant progress was made in improving working conditions and reducing the risk for workplace-associated injuries. For example, patient lifting has been a substantial cause of low back injuries among the 1.8 million U.S. health-care workers in nursing care and residential facilities. In the late 1990s, an evaluation of a best practices patient-handling program that included the use of mechanical patient-lifting equipment demonstrated reductions of 66 percent in the rates of workers&#8217; compensation injury claims and lost workdays and documented that the investment in lifting equipment can be recovered in less than 3 years.</p>
<p>The annual cost of farm-associated injuries among youth has been estimated at $1 billion annually. A comprehensive childhood agricultural injury prevention initiative was established to address this problem, resulting in a 56 percent decline in youth farm injury rates from 1998 to 2009.</p>
<p><strong>Cancer Prevention</strong></p>
<p>Evidence-based screening recommendations have been established to reduce mortality from colorectal cancer and female breast and cervical cancer. From 1998 to 2007, colorectal cancer death rates decreased from 25.6 per 100,000 population to 20.0 (2.8 percent per year) for men and from 18.0 per 100,000 to 14.2 (2.7 percent per year) for women. During this same period, smaller declines were noted for breast and cervical cancer death rates (2.2 percent per year and 2.4 percent, respectively).<br />
<strong><br />
Childhood Lead Poisoning Prevention</strong></p>
<p>In 2000, childhood lead poisoning remained a major environmental public health problem in the United States, affecting children from all geographic areas and social and economic levels. In 1990, five states had comprehensive lead poisoning prevention laws; by 2010, 23 states had such laws. Findings of the National Health and Nutrition Examination Surveys from 1976 to 1980 to 2003 to 2008 reveal a steep decline, from 88.2 percent to 0.9 percent, in the percentage of children aged 1 to 5 years. The economic benefit of lowering lead levels among children by preventing lead exposure is estimated at $213 billion per year.</p>
<p><strong>Public Health Preparedness and Response</strong></p>
<p>After the international and domestic terrorist actions of 2001 highlighted gaps in the nation&#8217;s public health preparedness, tremendous improvements have been made. In the first half of the decade, efforts were focused primarily on expanding the capacity of the public health system to respond (e.g., purchasing supplies and equipment). In the second half of the decade, the focus shifted to improving the laboratory, epidemiology, surveillance, and response capabilities of the public health system.</p>
<p>During the 2009 H1N1 influenza pandemic, these improvements in the ability to develop and implement a coordinated public health response in an emergency facilitated the rapid detection and characterization of the outbreak, deployment of laboratory tests, distribution of personal protective equipment from the Strategic National Stockpile, development of a candidate vaccine virus, and widespread administration of the resulting vaccine. These public health interventions prevented an estimated 5 to 10 million cases, 30,000 hospitalizations, and 1,500 deaths (CDC, unpublished data, 2011).</p>
<p>For more on public health issues, see the library of articles by <a href="http://www.zqlawyers.com/library/medicallegal-discoveries-developments/">Daytona Beach personal injury attorney</a>.</p>
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		<title>Your Rearview Mirrors Are Positioned Incorrectly &#8211; Reposition Them To Avoid Car Accidents</title>
		<link>http://www.floridainjurytriallawyer.com/your-rearview-mirrors-are-positioned-incorrectly-reposition-them-to-avoid-car-accidents</link>
		<comments>http://www.floridainjurytriallawyer.com/your-rearview-mirrors-are-positioned-incorrectly-reposition-them-to-avoid-car-accidents#comments</comments>
		<pubDate>Mon, 25 Oct 2010 12:41:58 +0000</pubDate>
		<dc:creator>Art Zimmet</dc:creator>
				<category><![CDATA[Auto Accidents]]></category>
		<category><![CDATA[Car Accidents]]></category>
		<category><![CDATA[Daytona Beach car accident attorney]]></category>
		<category><![CDATA[Deland personal injury lawyer]]></category>
		<category><![CDATA[Deltona car accident lawyer]]></category>
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		<guid isPermaLink="false">http://www.floridainjurytriallawyer.com/?p=262</guid>
		<description><![CDATA[Your car&#8217;s side mirrors are positioned incorrectly. Most people&#8217;s are. For some reason, most people position their side mirrors so that they can see the edge of their car. This is incorrect and leads to large blind spots.
Repositioning your side mirrors can almost eliminate blind spots and reduce your chances of experiencing a car accident. [...]]]></description>
			<content:encoded><![CDATA[<p><a href="http://www.zqlawyers.com"><img class="alignleft size-medium wp-image-263" src="http://www.floridainjurytriallawyer.com/wp-content/uploads/2010/10/MP9003998531-300x199.jpg" alt="" width="300" height="199" /></a>Your car&#8217;s side mirrors are positioned incorrectly. Most people&#8217;s are. For some reason, most people position their side mirrors so that they can see the edge of their car. This is incorrect and leads to large blind spots.</p>
<p>Repositioning your side mirrors can almost eliminate blind spots and reduce your chances of experiencing a car accident. By widening your side mirrors, you gain substantially more information about what is next to you without losing information about what is behind you.</p>
<p>The unrecognized secret is that the way you have your mirrors positioned now creates significant overlap. You are actually seeing much of the same things in your side mirrors that you see in your central rearview mirror.</p>
<p>The correct positioning eliminates this wasteful overlap. Most driving schools, including the BMW Performance Center recommend positioning your mirrors using the following method:</p>
<p>Place your head against the driver&#8217;s side door and then widen the driver&#8217;s side mirror so that you can barely see the side of your car while your head is still against the window. When you sit up straight again and look in the side mirror, you will feel very strange because you are so accustomed to the old view.</p>
<p>The new view will feel as if you are looking much too far off to the side and perhaps even on to the sidewalk. Resist the urge to return to the old positioning. As you sit in the driver&#8217;s seat, lean toward the passenger side as far as you comfortably can and widen the passenger side mirror so that you can just barely see the edge of your car. This is the correct positioning for your side mirrors.</p>
<p>It will take some time to get used to this because you are so accustomed to the old positions. You will think that you are seeing the sidewalk or other useless places while you drive. However, pay close attention to cars while they pass you.</p>
<p>In the correct position, as cars exit your central rearview mirror they will immediately and seamlessly enter your side mirror without disappearing. Then as they exit your side mirror, you will see them out of the side of your vision. You have eliminated your blind spot for most vehicles. Scooters can still get lost in your small blind spot, but very few cars can.</p>
<p>Another benefit is that merging onto the highway becomes easier with your enhanced view.</p>
<p>Take the time to get used to the new setup. You will find yourself leaning over out of habit to obtain the old view from your side mirrors, but as you get used to the new view you will come to appreciate its superiority and safety.</p>
<p>You will see much more and be much less likely to cause a traffic accident or injury.</p>
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		<title>Rear End Collisions: When is the law not the law? When there&#8217;s an exception.</title>
		<link>http://www.floridainjurytriallawyer.com/rear-end-collisions-when-is-the-law-not-the-law-when-theres-an-exception</link>
		<comments>http://www.floridainjurytriallawyer.com/rear-end-collisions-when-is-the-law-not-the-law-when-theres-an-exception#comments</comments>
		<pubDate>Wed, 17 Feb 2010 17:11:48 +0000</pubDate>
		<dc:creator>Art Zimmet</dc:creator>
				<category><![CDATA[Auto Accidents]]></category>
		<category><![CDATA[Wrongful Death]]></category>
		<category><![CDATA[negligence]]></category>
		<category><![CDATA[Car accident]]></category>
		<category><![CDATA[Daytona Beach car accident attorney]]></category>
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		<guid isPermaLink="false">http://www.floridainjurytriallawyer.com/?p=238</guid>
		<description><![CDATA[I have heard a good number of people proclaim that in a rear end collision, Florida law says it is the the rear driver&#8217;s fault. That statement contains seeds of the truth but is not entirely accurate.
In a rear end car accident, Florida law imposes a presumption that the rear driver is at fault. This [...]]]></description>
			<content:encoded><![CDATA[<p><a href="http://www.zqlawyers.com/practice_areas/car-accidents18.cfm"><img class="alignleft size-full wp-image-239" src="http://www.floridainjurytriallawyer.com/wp-content/uploads/2010/02/rearender.jpg" alt="" width="300" height="225" /></a>I have heard a good number of people proclaim that in a rear end collision, Florida law says it is the the rear driver&#8217;s fault. That statement contains seeds of the truth but is not entirely accurate.</p>
<p>In a rear end car accident, Florida law imposes a presumption that the rear driver is at fault. This presumption can be overcome with sufficient evidence. If the rear driver can show that the lead driver stopped or changed lanes abruptly or arbitrarily in a place that a reasonable person would not expect them to, then Florida law no longer presumes the rear driver to be negligent.</p>
<p>If the lead driver&#8217;s vehicle is stopped illegally, then Florida law no longer presumes the rear driver to be negligent.</p>
<p>Lastly, if the rear driver in the wreck can show that his or her car suffered from a mechanical failure like sudden brake failure (and the mechanical failure is not the fault of the rear driver) then Florida law no longer presumes the rear driver to be negligent.</p>
<p>These exceptions to the rear driver negligence presumption played an important role in a recent Florida wrongful death lawsuit involving a highway wreck. The case almost got thrown out of court until a judge ruled that the plaintiff (who represented the rear driver) presented enough evidence of the first exception.</p>
<p>Without evidence that the lead driver of a tractor trailer abruptly changed lanes and decelerated, the rear driver would have been presumed to be the negligent party and the case would likely have been thrown out of court.</p>
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		<title>Court Rules Auto Accident Victims May Not Split Injury and Property Claims</title>
		<link>http://www.floridainjurytriallawyer.com/court-rules-auto-accident-victims-may-not-split-injury-and-property-claims</link>
		<comments>http://www.floridainjurytriallawyer.com/court-rules-auto-accident-victims-may-not-split-injury-and-property-claims#comments</comments>
		<pubDate>Sat, 12 Dec 2009 20:36:55 +0000</pubDate>
		<dc:creator>Art Zimmet</dc:creator>
				<category><![CDATA[Auto Accidents]]></category>
		<category><![CDATA[Legal Resources]]></category>
		<category><![CDATA[Daytona personal injury lawyer]]></category>
		<category><![CDATA[Jacksonville personal injury lawyer]]></category>
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		<guid isPermaLink="false">http://www.floridainjurytriallawyer.com/?p=203</guid>
		<description><![CDATA[The Fifth District Court of Appeals in Daytona Beach, Florida recently ruled that auto accident victims who are injured in the crash can not pursue their claim for property damage to the car separately from their claim for personal injury that were both the result of a single crash.
Alice Bryant did just that after her [...]]]></description>
			<content:encoded><![CDATA[<p><a rel="attachment wp-att-204" href="http://www.floridainjurytriallawyer.com/court-rules-auto-accident-victims-may-not-split-injury-and-property-claims/mpj043889000001"><img class="alignleft size-medium wp-image-204" src="http://www.floridainjurytriallawyer.com/wp-content/uploads/2009/12/MPj043889000001-300x200.jpg" alt="" width="300" height="200" /></a>The Fifth District Court of Appeals in Daytona Beach, Florida recently ruled that auto accident victims who are injured in the crash can not pursue their claim for property damage to the car separately from their claim for personal injury that were both the result of a single crash.</p>
<p>Alice Bryant did just that after her auto accident caused damage to her vehicle and personal injury. However, the trial judge threw out her personal injury lawsuit because she had first obtained a judgment for the property damage incurred in the wreck that caused the personal injury.</p>
<p>Other Florida courts have noted that bringing a suit for both property and personal injury damages is more difficult than bringing them separately, but nevertheless, Florida law requires all damages resulting from a single incident to be litigated in a single lawsuit, even when it involves a car accident.</p>
<p>For more information about Florida traffic injury law, visit this Florida <a href="http://www.zqlawyers.com/library/" target="_blank">personal injury lawyer</a> resource page.</p>
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		<title>Your Freedom Ends Where It Begins To Impinge On My Freedom</title>
		<link>http://www.floridainjurytriallawyer.com/your-freedom-ends-where-it-begins-to-impinge-on-my-freedom</link>
		<comments>http://www.floridainjurytriallawyer.com/your-freedom-ends-where-it-begins-to-impinge-on-my-freedom#comments</comments>
		<pubDate>Tue, 21 Jul 2009 20:02:58 +0000</pubDate>
		<dc:creator>Art Zimmet</dc:creator>
				<category><![CDATA[Auto Accidents]]></category>
		<category><![CDATA[negligence]]></category>

		<guid isPermaLink="false">http://www.floridainjurytriallawyer.com/?p=173</guid>
		<description><![CDATA[(If you&#8217;re short on time, skip to the last paragraph for a paradigm shifting experience)
Your freedom ends where it begins to impinge on my freedom. It&#8217;s one of the pilars of our legal system. You are free to do many, many things in America. But when the freedom our laws provide to you begin to [...]]]></description>
			<content:encoded><![CDATA[<p>(If you&#8217;re short on time, skip to the last paragraph for a paradigm shifting experience)</p>
<p>Your freedom ends where it begins to impinge on my freedom. It&#8217;s one of the pilars of our legal system. You are free to do many, many things in America. But when the freedom our laws provide to you begin to impinge on the freedom our laws provide to me, that&#8217;s where you&#8217;re not free to act any more.</p>
<p>For example, drink as much alcohol as you want. You are free to do so if you&#8217;re older than 21. There is no legal limit to the amount of alcohol you can drink. That&#8217;s one of the freedoms our law provides to you.</p>
<p>However, the second you drink to much alcohol and get behind the wheel of a vehicle, you&#8217;re impinging on my freedoms, on my rights to a safe road and perhaps even life and the pursuit of happiness. So that&#8217;s where your freedom to drink ends.</p>
<p>Two recent articles in the <a href="http://www.nytimes.com" target="_blank">New York Times</a> have addressed the practice of using cell phones while driving and text messaging while driving. You don&#8217;t need studies to tell you that these practices are dangerous. You see it every day, but one study is particularly illuminating.</p>
<p>It found that in braking tests at 70 mph, drivers with a blood-alcohol level of .08 (legally drunk in Florida), stopped four feet further down the road than sober drivers while texting drivers stopped 70 further than they should have.</p>
<p>Texting and driving is significantly more dangerous than drinking and driving. I&#8217;m tired of moving over in my lane to avoid swerving texters. I&#8217;m tired of being held up in traffic by people on their phones going 10 mph below the speed limit because they&#8217;re distracted. It&#8217;s time to outlaw this practice and make our roads safer.</p>
<p>The problem, according to one of the NY Times pieces is that while everyone recognizes the danger, they don&#8217;t think they are part of the problem so they continue driving distractedly. The article cited studies showing that the same people who complained about phones distracting drivers rated themselves as being safe drivers even while using a phone in their car.</p>
<p>The absurdity of the public&#8217;s opinion on this is readily apparent, but sadly not at all surprising. Nearly everyone rates themselves as being of above average intelligence, but if everyone were above average, who would be below. We tend to see ourselves more favorably than we really are.</p>
<p>So that&#8217;s the most important problem &#8211; we don&#8217;t think we&#8217;re the problem so we&#8217;re unlikely to give up our supposed &#8220;right&#8221; to text while driving. But it&#8217;s not your right &#8211; you are not free to drive distracted because it impinges on my freedom.</p>
<p>Another problem as today&#8217;s Times points out is that our own government is covering up evidence that cell phones are dangerous instruments when used in a car. The <a href="http://www.nhtsa.dot.gov/" target="_blank">National Highway Traffic Safety Administration</a> caved in to Congressional pressure and withheld hundreds of pages of research and warnings about the use of phones by drivers.</p>
<p>The outrageous of this is so grandiose that I&#8217;m saving it for another blog post entirely. For now, I&#8217;m addressing problem one only. Get off your high horse. While you may be of above average intellignce, there&#8217;s no way you&#8217;re a safe driver while you&#8217;re on your cell phone and especially while you&#8217;re texting.</p>
<p>For years I was one of those people who thought I was different &#8211; safe. I would complain about drivers distracted by cell phones but I would still text and drive. Then in another post <a href="http://www.floridainjurytriallawyer.com/mightier-than-the-sword" target="_blank">here</a> I describe my transition away from texting and driving. What I found was surprising and holds far-reaching consequences for our perceptions and in particular, road rage. When I stopped texting and driving, I limited my texting to times when I was stopped at a red light. I found that on my 25-minute drive to and from work everyday, I was never stopped at a red light long enough to type an intelligible text. I could get one word at a red light, but never more than three. Try this sometime and it will change your perception of how much time you spend in traffic. It&#8217;s not much.</p>
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		<title>Highway Death Highlights Importance of Uninsured Motorist Coverage</title>
		<link>http://www.floridainjurytriallawyer.com/highway-death-highlights-importance-of-uninsured-motorist-coverage</link>
		<comments>http://www.floridainjurytriallawyer.com/highway-death-highlights-importance-of-uninsured-motorist-coverage#comments</comments>
		<pubDate>Wed, 08 Apr 2009 16:59:37 +0000</pubDate>
		<dc:creator>Art Zimmet</dc:creator>
				<category><![CDATA[Auto Accidents]]></category>
		<category><![CDATA[Insurance]]></category>
		<category><![CDATA[Wrongful Death]]></category>
		<category><![CDATA[negligence]]></category>
		<category><![CDATA[Car accident]]></category>

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		<description><![CDATA[I&#8217;ve blogged about highway deaths before and I&#8217;ll surely blog about them again after this. They almost all remind me about the importance of under/uninsured motorist coverage. Most of the car accidents I read about are caused by someone driving very recklessly and those people don&#8217;t strike me as the kind who are likely to [...]]]></description>
			<content:encoded><![CDATA[<p>I&#8217;ve blogged about <a href="http://www.floridainjurytriallawyer.com/tragic-highway-death-sober-reminder-of-importance-of-underinsured-motorist-coverage" target="_blank">highway deaths</a> before and I&#8217;ll surely blog about them again after this. They almost all remind me about the importance of under/uninsured motorist coverage. Most of the car accidents I read about are caused by someone driving very recklessly and those people don&#8217;t strike me as the kind who are likely to buy adequate insurance to protect you.</p>
<p>This most recent Daytona interstate accident occurred yesterday on <a href="http://en.wikipedia.org/wiki/Interstate_95" target="_blank">I-95</a>. Pamela Reid of Palm Coast actually caused two separate accidents. The first occurred on U.S. 1 and no one was hurt. That was just shortly before she caused the fatal I-95 crash.</p>
<p>Reid crossed the median on I-95 and crashed head-on into a 2003 <a href="http://www.chevrolet.com/" target="_blank">Chevy</a>. The wreck spun the car and caused it to roll, ejecting both occupants. Bruce Castle, 42, of Port Orange was killed and Trevor Luce, 34, of Palm Coast was critically injured. Reid was seriously injured.</p>
<p>An investigation is ongoing and charges are pending. Troopers believe Reid was under the influence of alcohol when the crashes occurred.</p>
<p>If Reid does not have insurance or does not have adequate insurance, I pray that Luce has under/uninsured motorist coverage or he will be looking at a hefty bill once he recovers. More people are forced into bankruptcy from medical bills than any other reason. The right insurance coverage can save you from the same fate.</p>
<p>I wish Luce a speedy recovery, and hope he has adequate insurance. If not, there may be one way he can recover from Reid. See my previous blog  <a href="http://www.floridainjurytriallawyer.com/tragic-highway-death-sober-reminder-of-importance-of-underinsured-motorist-coverage" target="_blank">Tragic Highway Death Sober Reminder of Importance of Underinsured Motorist Coverage</a> to learn more.</p>
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		<title>Soft Sand Saves Two Teens Run Over On Daytona Beach</title>
		<link>http://www.floridainjurytriallawyer.com/soft-sand-saves-two-teens-run-over-on-daytona-beach</link>
		<comments>http://www.floridainjurytriallawyer.com/soft-sand-saves-two-teens-run-over-on-daytona-beach#comments</comments>
		<pubDate>Mon, 09 Mar 2009 15:34:23 +0000</pubDate>
		<dc:creator>Art Zimmet</dc:creator>
				<category><![CDATA[Auto Accidents]]></category>
		<category><![CDATA[Current Events]]></category>
		<category><![CDATA[negligence]]></category>

		<guid isPermaLink="false">http://thefloridalawyer.wordpress.com/?p=86</guid>
		<description><![CDATA[Two 16-year-old women sunbathing on the soft sand near Sunglow Pier were run over by a man in a pickup truck Sunday morning. One woman sustained injuries to her legs and the other to her torso.
Neither of the injuries were life-threatening, and charges are still pending against the truck driver. This guy is very lucky [...]]]></description>
			<content:encoded><![CDATA[<p>Two 16-year-old women sunbathing on the soft sand near <a href="http://sunglowpier.com/">Sunglow Pier</a> were run over by a man in a pickup truck Sunday morning. One woman sustained injuries to her legs and the other to her torso.</p>
<p>Neither of the injuries were life-threatening, and charges are still pending against the truck driver. This guy is very lucky that the women were lying in soft sand. On other stretches of the beach, the sand is very hard-packed. If the accident had taken place there, we would likely be hearing a much different story.</p>
<p>While I&#8217;m not commenting either way, this incident brings to mind something we discussed in law school. Sometimes, the law can be quite arbitrary. The same action by a person can result in very different legal outcomes.</p>
<p>The truck driver in this case backed out of his parking spot without looking. That&#8217;s of course clearly negligent, but the legal outcome would have been very different had he been on hard sand and the girls had suffered critical or lethal injuries.</p>
<p>The quality of the sand was just blind luck. For the same action, this truck driver could be facing life in jail. Be careful out there.</p>
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		<title>Tragic Highway Death Sober Reminder of Importance of Underinsured Motorist Coverage</title>
		<link>http://www.floridainjurytriallawyer.com/tragic-highway-death-sober-reminder-of-importance-of-underinsured-motorist-coverage</link>
		<comments>http://www.floridainjurytriallawyer.com/tragic-highway-death-sober-reminder-of-importance-of-underinsured-motorist-coverage#comments</comments>
		<pubDate>Thu, 26 Feb 2009 19:58:18 +0000</pubDate>
		<dc:creator>Art Zimmet</dc:creator>
				<category><![CDATA[Auto Accidents]]></category>
		<category><![CDATA[Current Events]]></category>
		<category><![CDATA[Insurance]]></category>
		<category><![CDATA[Car accident]]></category>
		<category><![CDATA[drunk driver]]></category>
		<category><![CDATA[negligence]]></category>
		<category><![CDATA[Wrongful Death]]></category>

		<guid isPermaLink="false">http://thefloridalawyer.wordpress.com/?p=67</guid>
		<description><![CDATA[This tragic accident on I-95 in Daytona Beach on Wednesday night was caused by a suspected drunk driver and resulted in the death of a young woman and seriously injured a family of three.
The guy who caused the accident was arrested for drunk driving and is uninjured. Hopefully justice will be served in the future [...]]]></description>
			<content:encoded><![CDATA[<p>This <a href="http://www.news-journalonline.com/NewsJournalOnline/breakingnews/fatal022609.htm">tragic accident</a> on <a href="http://en.wikipedia.org/wiki/Interstate_95_in_Florida">I-95</a> in Daytona Beach on Wednesday night was caused by a suspected drunk driver and resulted in the death of a young woman and seriously injured a family of three.</p>
<p>The guy who caused the accident was arrested for <a href="http://en.wikipedia.org/wiki/Drunk_driving_(United_States)">drunk driving</a> and is uninjured. Hopefully justice will be served in the future for this driver because nothing about the accident was just in my eyes. Why is it that the drunk driver is completely unhurt while one innocent woman died and a family of three was seriously injured?</p>
<p>Mark Lester Wolf, 39, of Palm Coast was <a href="http://www.orlandosentinel.com/news/local/breakingnews/orl-bk-drunk-driver-volusia-022609,0,5591403.story">speeding</a> southbound in his Mercedes and did not even hit the brakes before rear-ending a &#8216;<a href="http://consumerguideauto.howstuffworks.com/2006-nissan-frontier.htm">06 Nissan Frontier</a> driven by Christopher T. Reaney, of Port Orange. The Frontier spun clockwise, overturned with its roof hitting a metal sign pole. Everyone inside was wearing their seatbelts but Kelly L. Frates, 35, of Port Orange died from her injuries.</p>
<p>Chris Reaney, Catherine Reaney, 66, and William Reaney, 68, also of Port Orange were taken to <a href="http://www.halifaxhealth.org/">Halifax Health Medical Center</a> in Daytona Beach with serious injuries.</p>
<p>I pray the Reaney family members recover fully from their injuries, but they likely face a long road back. While my heart goes out to them and to the family of Kelly Frates, as a lawyer, my thoughts are also drawn to the legal implications.</p>
<p>For everyone reading this blog, this is a stark reminder why you need underinsured motorist coverage. I haven&#8217;t seen Wolf&#8217;s insurance policy but I wouldn&#8217;t be surprised if he does not carry enough bodily injury insurance to cover the damages he caused. Someone who is reckless enough to drink and drive so irresponsibly does not strike me as the kind of person who will carry lots of insurance to protect others.</p>
<p>That is why it&#8217;s so important for us, the responsible drivers to protect ourselves. Insurance companies do not explain the importance of underinsured coverage because it is not in their best interest to do so. The Reaneys may not have even heard their agent mention those words. If Wolf&#8217;s insurance won&#8217;t cover the damages and the Reaneys don&#8217;t have adequate underinsured coverage, they might be looking at out-of-pocket payment for their medical bills. The majority of US bankruptcies are due to medical expenses. I hope it doesn&#8217;t come to that.</p>
<p>It may not if the Reaneys can avail themselves of a recent court case that could allow them to collect punitive damages from Wolf&#8217;s insurance company. Normally, auto insurance companies do not have to pay for the punitive damages caused by a drunk driver. However, a wrinkle in insurance law says that if certain conditions exist, then the insurance company can be on the hook for punitive damages.</p>
<p>If Wolf is underinsured or uninsured and the Reaneys do not carry underinsured coverage, this punitive damages strategy is likely the only avenue for the Reaneys to cover their medical expenses.</p>
<p>For more information about auto insurance, how to protect yourself and pay for your injuries, visit this <a href="http://www.zqlawyers.com">car accident lawyer</a> site.</p>
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		<title>Ever Wonder What Really Happens In a Car Accident Trial?</title>
		<link>http://www.floridainjurytriallawyer.com/ever-wonder-what-really-happens-in-a-car-accident-trial</link>
		<comments>http://www.floridainjurytriallawyer.com/ever-wonder-what-really-happens-in-a-car-accident-trial#comments</comments>
		<pubDate>Thu, 12 Feb 2009 10:18:16 +0000</pubDate>
		<dc:creator>Art Zimmet</dc:creator>
				<category><![CDATA[Auto Accidents]]></category>

		<guid isPermaLink="false">http://thefloridalawyer.wordpress.com/?p=25</guid>
		<description><![CDATA[You&#8217;ve seen the over-wrought legal dramas on television and on the big screen. The truth about those dramatic courtroom depictions is they rarely have much resemblance to the real thing. Hollywood plays fast and loose with the rules of evidence and legal procedure. Real lawyers can&#8217;t ask half the questions or behave nearly as dramatically [...]]]></description>
			<content:encoded><![CDATA[<p>You&#8217;ve seen the over-wrought legal dramas on television and on the big screen. The truth about those dramatic courtroom depictions is they rarely have much resemblance to the real thing. Hollywood plays fast and loose with the rules of evidence and legal procedure. Real lawyers can&#8217;t ask half the questions or behave nearly as dramatically as Hollywood would lead you to believe. If Hollywood is an unreliable source for accurate portrayals of our legal system, how is one to know what a  car accident trial is really like?</p>
<p>Fortunately, most people have never experienced a car accident and have never had the need to hire a <a href="http://www.zqlawyers.com">Central Florida injury lawyer or attorney</a> to represent them for injuries sustained in a wreck. However, if you&#8217;d like to know what a car accident trial is like, my friend, San Diego attorney <a href="http://www.jurewitz.com/">Ross Jurewitz</a> found that the Maryland law firm of Miller and Zois has posted this <a href="http://www.millerandzois.com/Sample-Trial-Transcript.html">trial transcript</a>. While the transcript involves a car accident trial in Maryland, the trial is similar to what happens in a Florida car wreck trial.</p>
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		<title>Woman Loses Her Life &#8211; Could Text Messaging Be The Culprit?</title>
		<link>http://www.floridainjurytriallawyer.com/woman-loses-her-life-could-text-messaging-be-the-culprit</link>
		<comments>http://www.floridainjurytriallawyer.com/woman-loses-her-life-could-text-messaging-be-the-culprit#comments</comments>
		<pubDate>Sun, 08 Feb 2009 03:52:38 +0000</pubDate>
		<dc:creator>Art Zimmet</dc:creator>
				<category><![CDATA[Auto Accidents]]></category>

		<guid isPermaLink="false">http://thefloridalawyer.wordpress.com/?p=20</guid>
		<description><![CDATA[Research has shown that your reaction time while driving is slower when you&#8217;re talking on your cell phone than when you&#8217;re drunk. What&#8217;s worse it that I&#8217;ve seen people text messaging while driving &#8211; incredible. People who drive while using cell phones usually exhibit one of two behaviors. They either slow down to below the [...]]]></description>
			<content:encoded><![CDATA[<p>Research has shown that your reaction time while driving is slower when you&#8217;re talking on your cell phone than when you&#8217;re drunk. What&#8217;s worse it that I&#8217;ve seen people text messaging while driving &#8211; incredible. People who drive while using cell phones usually exhibit one of two behaviors. They either slow down to below the speed limit or they drift. This disrupts the flow of traffic which makes the roads more dangerous for us all. What&#8217;s worse, texting while driving means you&#8217;re not paying attention to the road. Not paying attention to the road while you&#8217;re driving is negligent and can subject you to legal liability for any injuries that your negligence causes.</p>
<p>Saturday night Feb. 7th, Cameron James, a  27-year-old South Carolina woman lost her life in a car accident on I-95 as she traveled northbound in an SUV driven by Dyquan Dukes. The Daytona Beach News-Journal reports that the vehicle swerved &#8220;sharply to the left to avoid slower traffic but then went over a guardrail on the northwest side.&#8221; Cameron James was not wearing her seatbelt and was ejected from the vehicle as it rolled. Nothing in the story indicates that Dyquan Dukes was text messaging while driving, but what is most likely is that the driver was not paying sufficient attention to the road for whatever reason. Whether or not a jury would consider the driver negligent would certainly depend on the precise reason for the accident.</p>
<p>This tragedy is an unfortunate example of the all too common occurrence of drivers not paying sufficient attention to the road while driving. Please think about it before you make a phone call or a text message while driving. To learn more about negligence and the law, visit our <a href="http://www.zqlawyers.com">website</a> and browse our informative video library.</p>
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