Accident Lawyers

When Does Bias Stop a Person from Serving on a Personal Injury Jury in Nevada?

2018-09-06T11:57:00.000-07:00

What does a personal injury lawyer do when a potential juror says they don’t believe that people should make personal injury claims? One would think that the judge would excuse that person from the juror panel. But trials are never that simple.

Instead, starting in 2011, the Nevada Supreme Court said that " .. .if a prospective juror expresses a preconceived opinion or bias about the case, that juror should not be removed for cause if the record as a whole demonstrates that the prospective juror could 'lay aside his impression or opinion and render a verdict based on the evidence presented in court.

However, “[d]etached language considered alone is not sufficient to establish that a juror can be fair when the juror's declaration as a whole indicates that she could not state unequivocally that a preconception would not influence her verdict.” Boonsong Jitnan v. Oliver, 127 Nev. 424, 432 (2011).

What does this mean when you are in the courtroom with a biased juror? It plays out like this: Juror No. 3 says they don’t believe people should make personal injury claims. The insurance company’s lawyer then says, “But, you could put your bias aside and follow the law, right?” Juror No. 3 says “yes” and they are allowed to stay on the jury panel. Everyone knows that people just don’t forget their biases, yet for some reason, this fiction is often allowed in Las Vegas personal injury trials.

In a recent 2015 case, the Nevada high court expanded on its guidelines and said: "If the trial court sufficiently questions the juror and determines the juror can set aside any bias and be impartial, we will generally defer to the trial court's decision. Sanders v. Sears-Page, 354 P.3d 201, 206-07, 131 Nev. Adv. Op. 50 (Nev. App. 2015).

Deference does not, however, mandate affirmance where failure to strike the juror was erroneous .... [I]f a juror's 'background is replete with circumstances which would call into question his ability to be fair,' the district court should remove the juror for cause, even if the juror has stated he or she can be impartial." Id.

The following year, the parties in a contentious personal injury trial appealed the trial judge’s decision on the issue of a biased juror. The high court said that "Potential bias is not a valid basis for dismissing a juror for cause. Khoury v. Seastrand, 377 P.3d 81, 89, 132 Nev. Adv. Op. 52 (2016). Instead, jurors should only be excluded on the basis of an actual bias that prevents or substantially impairs the juror's ability to apply the law and the instructions of the court in deciding the verdict or for other grounds defined by statute." Id.

What does this all mean? It means that when your personal injury lawyer questions a potential juror, they must show the court that the person is actually biased, not just potentially or hypothetically biased. In the end, whether a biased juror is allowed to stay on the jury is up to the trial judge. Your personal injury lawyer and the insurance company lawyer will continue to battle this out in the courtroom.

Next time we will discuss breach of warranty claims in relation to negligence claims.

CTE Crisis: Are You at Risk?

2018-09-04T07:00:00.000-07:00

Greg Ploetz, former University of Texas football player, passed away in 2015. After his death, it was determined, by autopsy, that he had previously developed chronic traumatic encephalopathy. His wife, Debra Hardin-Ploetz, sued the National Collegiate Athletic Association (NCAA); on the third day of the trial, the NCAA settled for an undisclosed amount.

This was recently printed in the Los Angeles Times:

“Former NHL players Daniel Carcillo and Nick Boynton have filed a lawsuit against the NHL alleging the league withheld information on the risks of incurring chronic traumatic encephalopathy, also known as CTE, a degenerative brain disease that has been found in people who have experienced repeated brain trauma. Both Boynton and Carcillo were known for fighting during their careers, and both have said the effects of head injuries they sustained have continued to plague them and adversely affect their lives.”

Both of these cases referenced litigation regarding chronic traumatic encephalopathy (CTE). Currently, this progressive degenerative brain disease can only be definitively diagnosed postmortem. Although research is ongoing, presently clinicians and researchers are unable to diagnose CTE with radiological imaging, MRI, or CT scans. In 2016, a reporter for the New York Daily News reported that Boston University neurology professor Robert Stern said he “believes his team will develop methods to identify the disease in living patients before Super Bowl 60 in 2026.”

The movie Concussion, released in 2015, details the pioneer efforts of Dr. Bennett Omalu to uncover the connection between irrevocable brain damage and the repeated head trauma suffered by National Football League players. Media headlines have exacerbated the fear of some parents regarding contact sports, with families less willing to enroll young athletes in many extracurricular athletic programs.

Concussions have both long and short-term complications. They can cause sensory, cognitive, and emotional changes that may develop into more severe problems. Medical experts tell us that anyone who is exposed to repeated head trauma is potentially susceptible for developing a protein in the brain called Tau. This protein is insidious, and over time, can invade all of the brain tissue and disable neuropathways.

Symptoms often do not present for years following the trauma. The first symptoms most patients notice are headaches, confusion, and difficulty concentrating, followed by any number of warning signs, including:

Slower speech patterns
Memory loss
Disorientation
Dizziness
Dementia
Impulsive behavior
Depression
Apathy
A difficulty with long-range planning
Emotional instability
Substance abuse
Suicidal thoughts or behavior

CTE can become apparent in a variety of circumstances. Boxers suffer from frequent punches to the head, football players’ helmets are frequently knocked, and ice hockey players have collisions at almost every game. Other potentially dangerous sporting activities include:

Rugby
Cheerleading
Lacrosse
Boxing
Skateboarding
Skiing
Motocross

There is still much to be discovered about this condition. Based on the limited research cases available, CTE can manifest itself in several ways. One case scenario typically appears in a person’s thirties or forties; the victim develops a rapid onset of symptoms like irrational behavior, irritability, problems sleeping, depression, and often suicidal ideations. Autopsy results reveal that even small CTE lesions in the brain can result in significant changes in behavior.

The second scenario is not as erratic, and shares many of the characteristics of dementia. This becomes evident when a person enters into their fifties and sixties, and can often be misdiagnosed as dementia or Alzheimer’s.

Scientific research suggests genetics may be contributory in making some people more susceptible to concussions. Diagnostic testing, still in its infancy stages of development, may be able to predict predisposition to this potentially life-threatening condition. However, we do not know how long it will be before this blood test is available.

What we do know is that there is a clear connection between traumatic brain injury and CTE. Statistics tell us that athletes who began playing tackle football before the age of 12 have significantly worse cognitive problems than other players. Patrick Mark Kinzle Risha was born on December 15, 1981. Patrick’s father, a high-school football coach, instilled a love for the sport in Patrick from an early age. He began playing on an organized team when he was 10. He was an All-Conference running back in high school, and later played for Dartmouth College. Patrick passed away on September 17, 2014, at age 32, by suicide. His autopsy report confirmed widespread CTE throughout his brain.

Contact sports are a leading cause of concussion injuries; however, only one in six concussions are diagnosed. Repeated brain injuries, trauma, or concussions can lead to Chronic Traumatic Encephalopathy. School officials and organizers of community athletic teams are obligated to ensure the safety of their players. Players, regardless of age, who have sustained a head injury should be removed from the game. The Patrick Risha CTE Awareness Foundation was established “to provide parents of school-age children (who have very susceptible brains) with information about the dangers of sports which involve head trauma.”

CTE is preventable. As awareness of CTE continues to spread, numerous sufferers may be realizing for the first time that there is a clear cause of their symptoms: if you, or a loved one, think you may be a victim of CTE, the law is on your side. For example, if a child’s athletic coach did not provide sufficient safety equipment, or if sports organizers allowed a child to continue participation after receiving a blow to the head, you may be entitled to compensation due to another party’s negligence.

The safety and well-being of student-athletes is paramount. We need to educate parents, coaches, and athletic directors about the dangers of CTE. More importantly, we must ensure that parties who willingly place young athletes at the risk of serious conditions such as CTE without proper care are held accountable.

If you have concerns or questions about the effects of a traumatic brain injury, contact our Clearwater office at (727) 451-6900 or write to us online for a free consultation.

Dolman Law Group
800 North Belcher Road
Clearwater, FL 33765
(727) 451-6900

https://www.dolmanlaw.com/legal-services/premises-liability-attorneys/

Supporting Your Teen After Sexual Assault

2018-09-03T07:00:00.000-07:00

When your teen has been the victim of sexual assault, it’s normal to feel left reeling. In spite of the fact that one in four women and one in six men will suffer some type of sexual assault in their lifetime, you still never expect it to happen to your family. Where do you turn? What do you do next? There’s a wide range of emotions playing through your heart and mind. You’re not sure who to contact first. How to support your teen in the wake of this violation? How to move forward? Most importantly, how you can obtain the justice the law provides? As difficult as this time is for your family, it’s important that you take the right steps to properly support your teen.

Go Straight to the Hospital

If you know your teen has been the victim of sexual assault, they need to pay a visit to the hospital immediately. While this may seem even more traumatic in the wake of a difficult experience, your local emergency room has the staff on hand to provide emergency counseling support, gather evidence through a rape kit, and deal with any injuries your teen may have sustained. It may be the last thing in the world a parent or child may want, but medical issues need to be dealt with first—and gathering evidence can help ensure those responsible are held accountable.

Report the Attack

If you go to the emergency room, know doctors and nurses are trained to help you report the attack to the police. Sometimes, however, victims may be reluctant to report the assault until well after the fact—long enough that it may be difficult or impossible to collect physical evidence. It’s important to report the assault as soon as possible, while the vital details are as fresh as they can be in the victim’s mind. This will enable the police to gather the right details and proceed with an investigation effectively.

Only 12 percent of child sexual assault cases are reported, in part due to victims’ fear of judgment, reprisal, or reexperiencing the attack. Overall, only about 37 percent of sexual assaults are reported. While coming forward regarding an attack may be traumatizing, it is also the only way to ensure assailants are held accountable; furthermore, failing to report an attack can also enable the attacker to offend again. Report the assault as soon as possible so that legal action can be taken.

The Importance of Counseling

Looking for a qualified counselor is an important step in the recovery process, for the victim and loved ones alike. You may find it helpful to talk with someone in the wake of the assault. Dealing with a qualified counselor can help the entire family process the emotions during recovery, as well as provide your teen with a safe place to process the experience. Counselors are caring individuals who know how to help victims of trauma recover in an environment that is safe, loving, and understanding.

Teens who have suffered from sexual assault are four times more likely to experience symptoms of PTSD or to become addicted to drugs. They’re also three times more likely to experience a major depressive episode. Getting teens they support they need following sexual assault can help prevent those problems later. Consider contacting a support line like RAINN to get information, advice, or a referral to a trained counselor who specializes in sexual assault cases.

Contact an Attorney

When your child is the victim of sexual assault, it’s hopeful to assume that the police will take care of everything. It’s important, however, to be sure that you also contact an attorney to represent your family’s interests in the aftermath of the attack. While police, prosecutors, and crime victim advocates can be helpful resources, retaining an attorney ensures the victim will have someone protecting their best interests at every stage of the process. An attorney can make interviews, court appointments, and interactions with the justice systems substantially less difficult.

It’s normal to feel outrage in the aftermath of an attack, and parents may feel isolated, helpless, or furious. A trusted advisor can help your family pursue justice to the fullest extent of the law, and ensure you are protected at every stage of the process.

Understand the Recovery Process

There’s no one-size-fits-all recovery process for sexual assault. If your teen has been a victim, it’s difficult to know what to expect. They may experience depression, anxiety, anger, or guilt. They may act out at home, or revert unexpectedly to inappropriate behaviors. Work with your child’s counselor to understand specific behaviors, and be prepared for whatever may come out at home. The safer your child feels in their home environment, the more likely they are to process their grief in an effective, healthy, and collaborative way.

Listening to Your Teen: The Key to Support

Your child is unlike any other. Chances are, you know your teen better than anyone else—but unless you’ve experienced the same trauma, it’s impossible to know how they’re going to respond to a particular event. Listen carefully to your child as they move through the process. Be open to discussions about the attack, but be willing to stop when they need to. Don’t push your child to discuss things that they aren’t ready to discuss.

Let your teen lead the healing process. Respect the fact that they’ll need to move through it in their own way, even if it’s not necessarily the way that you—or their counselor—would prefer. Try to give your teen as much control as possible when it comes to arrangements made for their safety. Feeling out of control is a serious struggle for victims of sexual assault, and ensuring your teen feels in control of their recovery is important.

Note that as your teen is recovering from sexual assault, family and friends may need to be conscientious about physical contact; allow them to dictate physical contact between the two of you. Casual contact that was once normal between you may still be welcomed, or it may be difficult for the victim. Ensure your love and support is expressed in a way that does not unintentionally trouble your teen.

If your teen has been the victim of sexual assault, it’s important to speak with an experienced attorney. A trusted advocate can ensure your family is protected throughout the recovery process, and help obtain justice for the victim of an assault. Contact us at (727) 451-6900 or online to speak with an associate or schedule a free consultation.

Dolman Law Group
800 North Belcher Road
Clearwater, FL 33765
(727) 451-6900

https://www.dolmanlaw.com/legal-services/premises-liability-attorneys/

Exploding Laptops and Cell Phones are a Real Thing: Should You Be Worried?

2018-08-31T07:00:00.000-07:00

An exploding laptop or cell phone is something you might read about in the news, but just how real is the danger to you or your family? According to recent reports, the danger is very real. From improper disposal to product design flaws, lithium ion batteries remain powerful hazards long after they’ve outlived your phone. A simple contact with metal produces enough spark to ignite a fire, and in some cases, can even cause explosions. It is important for anyone who comes in contact with lithium ion batteries regularly to understand the dangers.

Lithium Ion Battery Uses

The most common uses for lithium ion batteries are portable electronic devices. While more expensive than alkaline batteries, lithium batteries have a much longer lifespan. Sony introduced the first lithium rechargeable batteries in 1991. The race to produce smaller batteries with more energy at cheaper prices led to a booming battery industry. Industry experts predict the lithium ion battery industry to reach $93.1 billion by 2025.

The Dangers

Understanding the danger requires understanding the technology behind the battery. The only protection against short circuiting is a thin piece of polypropylene inside the battery. It is the polypropylene’s job to keep the electrodes from touching. If the electrodes do touch one another, the battery becomes hot; this can lead to ignition of flammable electrolytes within that combust upon contact with heat and oxygen. Exposure can result in severe burns to the user.

In June of 2016, Hewlett Packard (HP) recalled 50,000 computers due to seven reports of battery packs overheating, melting, and charring. There were four reports of property damage, totaling about $4,000 in damages. From laptops to cell phones, the portable electronics industry is facing challenges in meeting consumer demands for strong battery life while balancing the demand for user safety.

Fires and Explosions

In 2017, 65 percent of waste facility fires in California started with lithium-ion batteries. Consumers frequently dispose of old batteries through the trash; while the battery no longer powers their electronic devices, it is still highly susceptible to combustion through accidental tampering or exposure to heat, Used lithium ion batteries carry enough charge to create a spark if the battery terminal touches something metallic, like the side of a trash truck or nearby refuse.

The sparks can create fires, especially when the batteries ignite highly-flammable material such as paper. If employees compact the trash in the truck, an explosion is possible. A recycling facility in Queens, New York City, experienced a five-alarm fire in March of 2018 due to an improperly tossed lithium-ion battery. The fire burned for two days, resulting in the closure of four of the Long Island Railroad’s branches for several hours.

The problem has become such an issue in California that the state created a public service campaign. The goal is to make consumers aware of the dangers when it comes to the improperly disposure of their lithium-ion batteries. Industry experts encourage people to dispose of their batteries at locations such as Best Buy, Home Depot, or Lowe’s, for example, all of which have dedicated battery recycling programs. As an added safety precaution, place the battery in a plastic storage bag that zips shut in order to avoid accidental contact with metal during transport.

Why Are Batteries Still Exploding?

Advances in consumer technology can quickly outpace safety measures as new products are rushed to market. Lithium ion batteries, however, have been a consumer mainstay for several years; with all of the improvements to lithium batteries in the interim, why do they remain dangerous? Here are just a few reasons laptop and cell phone batteries are still potential hazards:

1. Pressure and Competition

One example of industry pressure and competition leading to unsafe products comes courtesy of the hoverboard fires. The first hoverboards on the market were expensive; cheap competing models and knockoffs followed, resulting in inferior internal parts, placing users at serious risk of injury. Manufacturers are eager to meet the consumer demand for new products, often sacrificing safety in return. Consumers, on the other hand, want more powerful batteries, smaller devices, and cheaper prices. In many cases, it isn’t until serious injury occurs that consumers begin to re-think the cost of low-priced, rapidly-developed products.

2. Cheap Chargers

For many consumers, the battery level on our phone rules our daily life. Seeing a low battery message is enough to make the heart race; accordingly, the need for constant recharging leads many consumers to invest in cheap, low-quality charging cables. The problem with cheap phone chargers, however, is that the low price is typically a result of low quality control practices and cheap technology. Many cheap chargers feature substandard parts or insulation, and a lack of adequate testing before sale. The results are possible electrocution, explosion, or fire.

3. Design Flaws

Packing a potent energy source into a small package can contribute to battery issues. Ambient heat from nearby components and/or a lack of thermal management incorporated into the battery design can result in unsafe working temperatures. Similar to above, cheap, poorly-made aftermarket batteries are now beginning to flood online retailers; for wary consumers, paying a little more for an OEM battery from a reputable manufacturer may make the difference between a smooth-running gadget and a potential hazard in your pocket.

Product Liability Lawyers, Clearwater, Florida

Lithium ion batteries are a part of our everyday lives. The batteries are incredibly efficient at keeping our electronics charged. We rely on them to work and communicate. While it is our responsibility as consumers to properly dispose of our batteries, it is also the industry’s responsibility to create products safe for consumers. The rush to develop new technology at the expense of user safety creates a dangerous marketplace for consumers.

If you or a loved one have experienced burns or other injuries as a result of a lithium ion battery fire, call at (727) 451-6900 for a free consultation with one of our skilled personal injury associates, or contact us online.

Dolman Law Group
800 North Belcher Road
Clearwater, FL 33765
(727) 451-6900

https://www.dolmanlaw.com/legal-services/premises-liability-attorneys/

Key Signs Your Aging Parent Is Neglected in Their Care Facility

2018-08-30T07:00:00.000-07:00

Elder Abuse and Neglect: A Global Problem

According to analyses by the World Health Organization (WHO), elder abuse and neglect are problems that impact countries across the globe. The WHO analyzed nine studies, in six countries, and found that 64.2 percent of elder care staff had perpetrated at least one form of abuse in the year prior to the study. These figures were similar to self-reported estimates of abuse by staff and elderly residents.

Defining Elder Abuse and Neglect

Recognizing elder abuse or neglect can sometimes be challenging, as there is not one universal definition for either term. The Centers for Disease Control and Prevention (CDC) offers the following definition, which is widely used when discussing elder care issues:

“Elder abuse is an intentional act, or failure to act, by a caregiver or another person in a relationship involving an expectation of trust that causes or creates a risk of harm to an older adult (An older adult is defined as someone age 60 or older.)”

Neglect is often considered a form of abuse, as it is a failure for caregivers to take action when care is needed. Researchers Melissa E. Clarke, MD, and Wendell Pierson, MD, offer the following definition of neglect:

“The refusal or failure of a caregiver to fulfill his or her obligations or duties to an older person, including …. providing any food, clothing, medicine, shelter, supervision, and medical care and services that a prudent person would deem essential for the well-being of another.”

- Melissa E. Clarke, MD, and Wendell Pierson, MD

Recognizing the Signs of Abuse and Neglect

Abuse and neglect often unfold simultaneously in aged care facilities, producing a collection of signs that can lead to illness, infection, or even premature death if ignored. The most common signs of abuse and neglect include:

1) Poor personal hygiene.

Poor personal hygiene is considered to be a sign of neglect in elder care facilities. If ignored, poor personal hygiene can lead to further health complications. Body odor, soiled clothing, and dirty skin or hair indicate that a resident’s personal hygiene is likely being neglected by staff.

2) Malnutrition or weight loss.

A steady decline in a resident’s weight may indicate that he or she is not receiving the proper nourishment. Weight loss could also signal the presence of an undiagnosed medical problem, highlighting the possibility that a resident’s health is being neglected by medical staff.

3) Dehydration.

“One of the most frequent and insidious signs of neglectful nursing home care is dehydration. If a nursing home does not have the adequate number of high-quality staff, residents in that home may not receive all of the food or fluids they need to remain hydrated and nutritionally sound. Meals may even be completely missed.”

- Amy Jo Haavisto Kind, Assistant Professor in Geriatrics, University of Wisconsin School of Medicine and Public Health

Dehydration is one of the most common signs of abuse or neglect among senior citizens in elder care facilities. Signs of dehydration include dry mouth and skin, sluggishness, and dark urine.

4) Untreated bedsores.

If your elder’s mobility is limited and he or she is confined to a bed or wheelchair for most of the day, bedsores can develop. However, they can be minimized or prevented if care providers periodically turn or reposition the patient. If a bedsore does develop, it should be properly treated to minimize discomfort.

5) Fearful or Depressed demeanor.

Behavioral changes are sometimes indicative of abuse or neglect, especially if your loved one expresses fear around a specific staff member. Because changes in affect are not uncommon among aged persons who suffer from mood disorders, monitor your loved one’s behavior carefully, and discuss any changes with both your loved one and their treatment team.

6) Disheveled appearance.

If a resident looks unkempt or disheveled, he or she could be experiencing abuse or neglect. In addition to noting the signs below, look for any changes in the resident’s room condition, as a disorderly room could also be indicative of abuse:

Dirty, wrinkled or torn clothing
Tangled or unwashed hair
Missing socks, shoes, or other articles of clothing

7) Untreated injuries.

While accidents and injuries sometimes occur in aged care facilities, it is the responsibility of the care facility to treat injuries promptly. If you notice that a resident suddenly has exposed wounds, bleeding, or swelling that have not been treated, speak to the facility administrator; more importantly, it may be wise to seek legal guidance immediately.

What Steps Should You Take if You Notice Signs of Neglect?

If you notice any of the signs above in your loved one or another resident, it’s important to respond quickly. Below are three steps to take if you notice signs of neglect or abuse in an elder care facility:

1) Do not ignore the signs.

“Residents of long-term care facilities are vulnerable to abuse (including sexual abuse), neglect, and exploitation by staff, family members, visitors to the facility, or other residents. Elder abuse in a care facility may be a crime, just as it is in someone’s house or apartment. The failure to report abuse that has occurred in a facility also may be a crime.”
- Lori A. Stiegel, American Bar Association

Taking action is critical to protecting the health and well-being of your parent. Never ignore or dismiss signs of abuse or neglect, as failure to report abuse can even be considered a crime in some circumstances. If you are not sure how to proceed, seek guidance from a professional advocate or elder abuse attorney.

2) Contact your local elder care ombudsman.

“Long-Term Care Ombudsmen are the professionals who advocate on behalf of residents of long-term care facilities and help to resolve complaints about issues of care. They are dedicated to enhancing the lives of long-term care residents through advocacy, education, and resolving resident complaints. The Ombudsman will help you understand the situation, and if a formal complaint is warranted, they can advise you...”
- National Center on Elder Abuse

Your local long-term care ombudsman can provide guidance, support, and advice if you suspect that your parent is being abused or neglected. They can also help educate you about long-term care issues and complaint resolution, and refer you to local resources that can help protect victims of suspected abuse or neglect.

3) Speak with a trusted elder care abuse attorney.

The single best step you can take to address suspected neglect or abuse is to seek the expertise of an attorney who specializes in elder neglect and abuse. The legal professionals at Dolman Law Group are available to review your case. Elder abuse is a serious crime, and we must work together to ensure those responsible or held accountable for their actions. Contact us at (727) 451-6900 or online to schedule a free, no-obligation consultation with one of our attorneys, and learn what we can do to ensure your loved one is protected.

Dolman Law Group
800 North Belcher Road
Clearwater, FL 33765
(727) 451-6900

https://www.dolmanlaw.com/legal-services/nursing-home-abuse-attorneys/

New Drivers and the Rules of the Road: Keeping Your Teen Safe This Summer

2018-08-29T07:00:00.000-07:00

Teen drivers are statistically more likely than any other age group to be involved in auto accidents. Thanks to their inexperience behind the wheel, they’re also more likely to find themselves in situations that can result in serious trouble. Unfortunately, summer vacation means that teens are also on the road more often. At this time of year, increased travel, road glare, drinking and driving, and more frequent trips on the road also means an increased risk of accidents. As a parent, it’s important to make sure that our teens stay as safe as possible on the road. Below, we’ll explore a few tips that can help ensure new drivers always get home safely.

Tip #1: Install the Right Apps

There are many apps available that can help fight distracted driving, including several that will disable text messages or phone calls when teens are behind the wheel. LifeSaver, for example, goes beyond simply blocking text messages and calls while in a vehicle; the app can also send parents notifications about specific behaviors and track safe driving habits.

Alternately, distracted driving can also be prevented by routinely silencing phones. Even better, encourage teens to develop a habit of keeping their phone in the back seat or trunk while driving; this greatly reduces the temptation of answering the phone while driving.

Tip #2: Teach Teens Basic Car Maintenance

Is your teen getting their oil changed regularly? Do they know how to check their wheels for signs of wear and tear, or how to make sure that their tires are properly inflated? Do they know what to do in the event of engine trouble or mechanical failure? Make sure teens are familiar with basic car maintenance, including how to check oil and fluids, add air to tires, and when to spot conditions that require inspection by a mechanic. This can help prevent accidents due to mechanical problems, and help teens learn how to responsibly maintain a vehicle.

Tip #3: Be a Ride When Needed

Many parents find that the most effective strategy for keeping their teen safe is to simply offer a no-punishment promise if their teen needs a ride for any reason. Unsafe weather conditions, excessive drinking, or simply being too tired to drive can all make conditions on the road more dangerous for teens. Young drivers should be comfortable contacting a parent or family member if they are unsure about driving themselves; by being assured that a parent will be there to pick them up when necessary, teens are far less likely to drive in risky conditions.

Tip #4: Monitor Teen’s Driving Behaviors

While there are apps that can let parents know where their teen is—for example, TrueMotion Family Safe Driving—it’s also important to communicate with teens regularly about their driving behaviors.

For example, how many passengers are your teen allowed to take in their car? What times of day to they frequently drive? While the state may have laws for early licensed teens, parents are far more likely to know a teen’s driving habits. Make sure to discuss the rules, responsibilities, and expectations for teens using a vehicle. Teens should be open to discussing challenges they have behind the wheel, and understand the dangers of driving without a firm respect for the risks of the road.

Tip #5: Keep Driving With Your Child

Once your teen has their license, it’s easy to forego time in the car with them. Teens may be eager for the independence of driving without supervision, and parents may be hesitant to infringe on their teen’s freedom accordingly. Remember, however, that safe driving is a lifelong pursuit: parents should frequently check in on a young driver’s ability behind the wheel.

Ask your teen to drive you on an errand, and keep an eye on their behavior behind the wheel. It’s much easier to correct driving practices early on, rather than undo years of bad road habits.

Tip #6: Make Sure the Vehicle is Safe

In the event a teen is involved in an accident, the make, model, and condition of the vehicle can make an enormous difference in the driver’s risk of injury. Make sure that the car runs well, is periodically inspected by a mechanic, and free of any latent defects. Consider checking online whether the make, model, and year of the vehicle has been subject to any manufacturer recalls.

Most importantly, try to provide teen drivers a vehicle with a solid safety record. Older vehicles frequently lack many of the lifesaving design features of newer models, and can be an unnecessary risk for new drivers at a higher-than-normal risk of auto accidents.

Tip #7: Insist on Seatbelts

Seatbelts are more comfortable than they used to be, but many teens still find them restrictive or, worse, an afterthought. Young drivers should be in the habit of fastening their seatbelt every time they get behind the wheel. Even better, encourage the habit of securing seatbelts before starting the ignition. With a little repetition, seatbelt use quickly becomes a lifelong reflex.

Seatbelts might not be able to prevent accidents, but they substantially reduce the risk of serious injury or death. Remind young drivers regularly that seatbelt use isn’t optional. If you’re still looking for a vehicle for your teen, consider one that offers a warning system that the seatbelt isn’t fastened, which can encourage seatbelt use when you’re not around.

Tip #8: Demonstrate Safe Driving Habits

Whether on a road trip, running errands, or en route to a family dinner, teens will still frequently occupy the passenger seat: remember that your driving practices will likely be emulated by your teen. Make sure to exercise the proper safe driving techniques while behind the wheel. Discuss why you make certain decisions: waiting to make a turn, moving around a driver who is behaving unsafely, or other key moments behind the wheel can all serve as useful learning opportunities. Parents with poor driving skills are likely passing those same habits on to younger drivers: it’s never too late to reexamine our own habits behind the wheel, and doing so can help ensure teens use the road safely, politely, and at significantly less risk of a serious accident.

If your teen driver has been in an accident, whether due to a mistake they made behind the wheel or through no fault of their own, contact us today for a free consultation at (727) 451-6900 or online.

Dolman Law Group
800 North Belcher Road
Clearwater, FL 33765
(727) 451-6900

https://www.dolmanlaw.com/legal-services/premises-liability-attorneys/

8 Ways to Prevent Accidents at Your Vacation Rental

2018-08-15T09:11:00.000-07:00

In the last five years, vacation rentals have taken the hospitality world by storm. As it turns out, people would rather stay in a cozy residence with all the comforts and amenities of home instead of a cramped, noisy, one-size-fits-all hotel room. This gave everyone with a spare bedroom, guest suite, or rental house an incredible new way to make money by hosting short-term renters; today there are over 47 million people renting vacation rooms or homes each year.

Unfortunately, maintaining a vacation rental isn’t always an easy task. Renter horror stories, damaged property, and even criminal activity are common concerns for rental hosts. However, one of the most debilitating events for a host can occur when a guest suffers an injury on the property. To help vacation rental hosts avoid the prospect of an injured renter or potential legal claim, we’ve put together a few best practices for ensuring the safety of your guests.

Be Clear About Safety

Your first line of defense is honesty. Only guests know if they have special safety needs due to age, disability, or medical condition; likewise, only you know how well your vacation rental can accommodate certain safety requirements. Hosts, for example, are often very clear about whether or not small children will be safe in their properties, both to protect rental property and to prevent injury to renters. Accessibility for disabled renters is also an important consideration. Be honest and thorough in your listing description, and include any potential risk points for renters.

Grab Bars for Every Step

Stair safety is an important priority, particularly if you anticipate guests who may be elderly, disabled, pregnant, or similar. At the very least, ensure banisters and railings are secure, and stairs are made or treated with a non-slip finish. Most homes don’t include grab bars, but including these precautions may prove wise. Grab bars are inexpensive; including them in and around bathrooms, showers, doorways, and steps can drastically increase the home’s safety and accessibility.

Gripping Bath Mats

Statistically, bathrooms are the number one most dangerous room in the house. Wet floors and unforgiving surfaces can make it all too easy for a single misstep to result in a bad fall. Every vacation rental property should include adequately-sized, grippy bath mats throughout bathrooms. Look for a bath mat with decent traction and a size that can cover as much of your bathroom floor as possible to reduce the chance of any accidental slips.

Driveway Salt in Winter

If your vacation rental is located in a state that experiences ice and snow in the winter, don’t forget the driveway salt! A high number of slip-and-fall cases arise from slipping on icy pavement. When there’s a risk of ice on pavement, make sure to thoroughly apply salt, sand, and/or ice melt to all driveways, sidewalks, and low-traction walkways. Make sure to provide guests with a supply of salt, sand, and/or ice melt as well, and clearly instruct guests where it is located.

Open Walkways Between Furniture

While worrying about guests tripping over the coffee table might seem needlessly paranoid, many slip-and-falls are caused by simple furniture. Make sure there are wide, open walkways between furniture, and try to avoid placing furniture too tightly together. Spacing chairs and sofas away from the wall can help prevent accidental falls, as guests with reduced mobility can use them as handholds.

No-Quirks Kitchen

Every kitchen has its own unique quirks. It could be the burner that takes a few tries to light, or the faucet that only stops dripping when you turn the handle a certain way. These may be fine for long-term residents, but can be both frustrating and potentially dangerous to short-term guests. For example, issues with gas ranges, ovens, and electrical appliances can be dangerous to uninitiated guests.

Before making your home available to vacation rental guests, consider upgrading the kitchen appliances, or at least giving them a tune-up. Ensure all fixtures are properly installed, grounded, and include GFCI (Ground Fault Circuit Interrupter) outlets around wet areas like sinks and bars. Home inspectors are a great resource for uncovering any potential pitfalls around the property before opening the doors to renters.

Disability Accommodations

A few extra grab bars, soft surfaces, spacious arrangements, and clearly marked steps can make your entire listing much safer for everyone. Make sure guests know in advance how the sleeping arrangements are situated; for example, sleeping rooms on the ground floor are helpful or possibly necessary for many potential guests. Be aware of elevation disparities, such as raised seating areas, and be sure to clearly mark any potential trip hazards. If you think your property might not be a good fit for mobility-impaired guests, clearly express this in the listing or consider making upgrades to the property before listing the rental.

Liability Insurance

Finally, it’s important to realize that you are now a business owner; and with great profits, comes great responsibility. Liability insurance is something that every business needs to ensure they are protected in case of a personal injury lawsuit. Whether the injury is severe or superfluous, liability insurance will ensure you have the means to defend against potential claims. Even better, consider hiring a personal injury attorney to evaluate your property, policy, and business structure; they may be able to help you discover pitfalls you wouldn’t normally catch.

Running a vacation rental home can be both fun and profitable for savvy investors: the total US vacation rental market accounted for more than $16 million in 2017 alone. For hosts who want to hold onto their profits, making each listing as safe as possible is good for your guests, enhances your property value, and can protect you from the potential devastation of a personal injury lawsuit. To learn more about protecting your business investment, contact us at (727) 451-6900 or by email.

Dolman Law Group
800 North Belcher Road
Clearwater, FL 33765
(727) 451-6900

https://www.dolmanlaw.com/legal-services/premises-liability-attorneys/

How to Handle Construction Employer Negligence

2018-08-09T10:28:00.000-07:00

Safety is important in any workplace, but especially construction sites. Working for an employer who neglects safety rules and precautions puts you, your coworkers, and the project as a whole at risk. There are specific regulations in place concerning workplace safety in construction; it is critical for both employers and employees to understand and implement the proper precautions.

Jobs in the construction industry are extremely varied, and workers are often subjected to dangerous risks, including falls from rooftops or other heights, equipment or machinery malfunctions, electrocutions, and exposure to hazardous materials such as asbestos and silica dust. Because of these risks, it is imperative that steps are taken to ensure workers’ safety at all times while working. Occasionally, however, safety regulations are disregarded in order to increase the speed or efficiency of a project.

Under the Occupational Safety and Health Act, it is an employer’s obligation to ensure safety regulations are upheld on any job site. Employees have the right to work with safe and properly-functioning machines and equipment, receive adequate and necessary safety gear, receive training in a language they understand, request an Occupational Safety and Health Administration (OSHA) inspection, participate in on-site inspections, and address any concerns privately with an inspector.

Any worker in the construction industry who feels that their workplace is unsafe, or that their employer is not abiding by the proper regulations, is entitled to raise their concerns with their employer or higher authorities. Employees have legal rights in situations regarding risky work environments, and it is important that unsafe practices or safety violations are addressed promptly. Every worker has the right to report safety concerns or violations to the proper authorities without the risk of retaliation from their employer. If you feel your construction employer is neglecting safety regulations, follow these steps to prevent costly, painful, or even fatal accidents.

1. Bring Your Concerns to Your Employer

The first step in dealing with construction safety violations is to discuss your concerns with your employer. On occasion, an employer may be unaware of safety issues on job sites; address any problems with your employer first, before determining if a further course of action is required.

Your employer is required to know and implement any relevant safety procedures and precautions. Even with the proper precautions in place, some employees choose to disregard established regulations. If your safety concerns are related to a coworker or coworkers, bring the issues to your employer’s attention and request that they handle the situation(s) accordingly.

2. Contact OSHA

If your employer does not address and correct the safety concerns properly, or if the issues are the result of your employer’s negligence, it is crucial to contact OSHA as soon as possible. Employers are required by law to comply with the health and safety standards set forth by the OSH Act; employees are entitled to request an OSHA inspection to ensure this compliance, and to report any unsafe working conditions. Workers are not required or expected to know every standard established by the OSH Act, so it is recommended to bring any health or safety concerns to the attention of the appropriate authorities.

OSHA retains confidentiality with their reports, meaning they will not reveal any of your information when you file a safety and health complaint or request an inspection. The OSH Act also makes it unlawful for an employer to retaliate against an employee for contacting OSHA with safety concerns. OSHA citations may only be issued for current violations or violations that occurred within the past six months, so it is important to file any complaints as soon as possible. There are several options available for workers to file complaints with OSHA:

Fax/Mail: OSHA provides a form to be printed, completed, and either faxed or mailed to the nearest OSHA office. If you’d like an on-site OSHA inspection performed, a written complaint signed by either you or your representative must be submitted.

Online: Workers may submit questions or complaints online regarding any issues. Any complaints submitted online are forwarded to the appropriate state authorities for further investigation.

Phone: Your local OSHA office staff is able to answer any questions you have regarding health and safety standards or violations, and to assist in filing a complaint. If there is an immediate and/or life-threatening emergency, alert your local OSHA office as soon as possible.

3. Complaint Handling Process

OSHA takes all health and safety complaints seriously. After receiving a complaint, OSHA determines the best course of action: typically, either an on-site inspection, or an off-site investigation.

Off-Site Investigations

If an off-site investigation is deemed appropriate, OSHA will contact your employer by fax or phone to explain the complaint and the alleged safety violations. Your employer will then have five days to respond, providing written record of any issues found and the steps taken or planned to correct the violation(s). If the corrective action is adequate, OSHA will not perform an on-site inspection. However, you will receive a copy of your employer’s response. If you feel more action is required, you may request an on-site inspection.

On-Site Inspections

OSHA prioritizes the need for on-site inspections as follows:

Imminent danger: Imminent danger situations are given top priority for on-site OSHA inspections. These are situations in which employees face an immediate risk of serious physical harm or death.

Fatality or catastrophe: Employers are required to report fatalities and catastrophes (events in which three or more workers are hospitalized) within eight hours. These situations receive second priority for on-site inspections.

Complaint or referral: Complaints and referrals from employees or whistleblowers are prioritized after more immediate risks. The need for an on-site inspection is determined on a case-by-case basis, prioritized by the severity of the alleged safety risk(s) and the number of workers exposed to the hazard.

Legally, OSHA must determine that reasonable grounds exist to believe an OSH Act standard has been violated, or a safety hazard exists, before conducting an on-site inspection. If these grounds exist, OSHA will contact the employer to explain the alleged issues; if the employer provides documentation to prove that adequate corrections have been made to abate the safety concerns, an on-site inspection may not be performed without further cause.

You have the right to participate in any on-site OSHA inspection. The OSH Act also allows workers to discuss any safety concerns with the inspector in private, without the risk of retaliation from their employers. Inspections are typically restricted only to the alleged violations or hazards in the relevant complaint or referral. However, the inspector may decide to widen an inspection based on hazards in plain sight, their own professional judgment, or conversations with workers during the inspection.

4. Handling Retaliation

Under federal law, it is illegal for an employer to retaliate against any employee for raising concerns regarding health and safety with OSHA, requesting an on-site inspection, and/or participating in an inspection or communicating with an inspector. Unfortunately, some employees still face unfair and unlawful treatment from their employers after exercising their rights as workers under the OSH Act. OSHA defines this retaliation as “unfavorable personnel action,” which includes, but is not limited to:

Blacklisting
Demoting
Denying benefits, overtime, and/or promotion
Suspension
Firing or laying off
Intimidation
Reducing pay or hours

If you feel your employer has implemented any unfavorable personnel action as a result of exercising your rights protected by the OSH Act, it is important to contact OSHA immediately. Reports of retaliation must be submitted by either the affected employee(s) or their representative within a set time frame, ranging from 30 to 120 days based on the alleged unlawful action.

As a worker in the construction industry, you are legally entitled to a safe working environment, to address health and safety concerns or violations with authorities, and to request and participate in on-site OSH Act compliance inspections. These rights are all protected, and retaliation from your employer for exercising these rights is unlawful. However, filing complaints, understanding legal standards and regulations, dealing with government agencies and paperwork, and handling potential retaliation from your employer are often confusing tasks. Filing complaints or lawsuits against your employer is daunting, but you don’t have to do it alone.

If you feel your workplace is unsafe because your construction employer neglects safety rules and regulations, it is extremely beneficial to contact a legal professional to assist in understanding and properly utilizing all legal protections provided to you by the state and federal government. The Dolman Law Group is committed to personal service and accessibility. Our attorneys will work with you to ensure your construction workplace is safe, compliant with the standards set forth by the OSH Act, and that you are ready to legally prevent or eliminate any unlawful action taken against you by your employer.

Don’t subject yourself to unsafe, hazardous, and potentially fatal working conditions. Call us today at (727) 451-6900 or online for a free consultation with our dedicated and experienced legal team.

Dolman Law Group
800 North Belcher Road
Clearwater, Florida 33765
727-451-6900

https://www.dolmanlaw.com/legal-services/workers-compensation-attorneys/

How Much Latitude is Given When Questioning Potential Jury Members?

2018-08-09T09:53:00.000-07:00

A hot topic in Las Vegas jury trials, is the how deep can your lawyer can delve into a potential juror’s views and opinions concerning personal injury jury trials. Nevada Rules of Civil Procedure, Rule 47(a) entitled Examination of Jurors-Supplemental-Deemed Proper, states that the court shall conduct the examination of prospective jurors and shall permit such supplemental examination by counsel as it deems proper.

What does this mean in real life? That it is up to each individual judge how much questioning a lawyer is allowed to conduct of a potential juror.

In the context of personal injury trials, in Silver State Disposal Co. v. Shelley, the Nevada Supreme Court determined that "the district court properly allowed voir dire {jury selection} questions on the subject of insurance company affiliation." 105 Nev. 309, 313 (1989).

In looking at case law handed down by the Nevada high court around that same time, the court wrote that "[b]oth the scope of voir dire {juror questioning} and the method by which voir dire is pursued remain within the discretion of the district court." Whitlock v. Salmon, 104 Nev. 24, 28 (1988). "[W]hen a trial judge unreasonably restricts or denies altogether supplemental attorney-conducted voir dire he commits reversible error." Leone v. Goodman, 105 Nev. 221, 223 (1989).

Despite the above edict, two years after the above case came out, a trial court only allowed questioning of the entire juror pool to 30 minutes. Salazar v. State, 107 Nev. 982 (1991). The Nevada Supreme Court determined that the trial judge was wrong to limit jury questioning to only 30 minutes. This meant the entire case had to go to trial all over again.

Jury selection is a fun and exciting part of trial. As long as your judge follows the law, your lawyer will be able to question potential jurors to ensure you have as many fair and impartial jurors as possible.

Next time we will discuss how to toss out a potential juror for bias.

Strategies for Preventing Jet Ski Accidents on Clearwater Beach

2018-08-02T09:42:00.000-07:00

Jet skiing is a popular activity for many beachgoers, including Clearwater Beach. It’s a great way to spend a gorgeous summer day, enjoying the wind, waves, water, and sun. Unfortunately, it can also lead to serious accidents, as in a recent fatal jet ski collision that took the lives of two individuals. If you’re planning to use a jet ski as part of your vacation fun, consider the following tips to minimize the risk of danger to both loved ones and fellow beachgoers.

Common Jet Ski Accidents and Injuries

Jet skis and other personal watercraft carry a number of risks. Traveling at speeds of up to 60 miles per hour, these vehicles can cause serious injury to their operators and others nearby, including:

Broken bones
Whiplash
Burns
Injuries to the neck or back
Damaged eardrums
Spinal cord injuries
Internal injuries

It’s important that individuals who have been injured in a jet ski accident seek medical care as soon as possible. That includes getting off the water immediately, and going to the hospital to be evaluated if there is any suspicion that an injury has occurred.

Avoiding Accidents and Injuries

While some accidents are unavoidable, there are several steps you can take to keep yourself and others safe on the water:

Complete proper maintenance on your jet ski. This is especially important at the beginning of the jet skiing season. Make sure that there is no damage to the jet ski, and that it is operating properly prior to use. Note that dry docking your jet ski when it’s not in use, including using a lift to keep it out of the water, can help reduce wear and tear on the equipment during the summer months; this also makes it easier to keep up with important maintenance tasks.

Wear the right safety gear. It’s important that anyone riding on a jet ski wear a life jacket. Even the best swimmer can be dazed or debilitated by a jet ski accident, and having a life jacket will keep users afloat should they be knocked unconscious. Make sure that life jackets are properly sized, and to pack enough for every user: too big, and the jacket can easily be lost; too small, and it may fail to provide adequate flotation. Wearing a helmet designed for watercraft use can help protect the head and spinal cord in the event of an accident. Proper eyewear can prevent injury and make it easier to spot potential collision hazards or other persons in the water.

Use your kill strap. Most jet skis come equipped with a “kill strap,” which attaches to the user’s wrist and is designed to cut the jet ski’s motor in case the user falls off. This will help prevent jet ski from colliding with the user or nearby persons in case the user loses control.

Avoid speeding. Be conscious of the area around the jet ski, including how close other riders, swimmers, or watercraft might be. Give yourself adequate time and room to stop, dodge, or otherwise avoid potential accidents. Zooming across the water might be fun, but excessive speeds also increase the risk of an accident.

Skip the alcohol. Alcohol can dull reflexes and judgment, both essential skills for jet ski operators. Jet skis should be treated like motor vehicles: save the drinks for afterward, and never operate watercraft under the influence.

Wear shoes. Many people want to enjoy the water without unnecessary or cumbersome gear. However, operating a jet ski without non-slip footwear can greatly decrease the user’s ability to maintain control of the craft.

Stay aware of your surroundings. Unlike roads, the open water doesn’t have clearly designated lanes. More importantly, it is often difficult to know who or what may be present below the surface. When operating a jet ski, make sure to maintain awareness of all surroundings. Keep an eye on the water around the craft, including what’s beneath the surface. Pay particular attention to any other fast-moving watercraft in the vicinity to help avoid potential collisions.

Check the water. Before operating a jet ski, make sure at least two feet of water is available on all sides. Don’t operate jet skis across shallow water.

Know the laws. Check local laws and regulations concerning the age of jet ski drivers, appropriate speeds, and other safety laws. In Florida, youth younger than 14 cannot operate a jet ski. Individuals under the age of 22 must have completed an appropriate water safety course, and carry both proof of completion and a photo ID when using the jet ski. Note that individuals must be at least 18 to rent a jet ski, but jet skis can be operated by individuals under 18 as long as the renting individual is responsible for the vehicle.

Supervise children carefully. Children may have plenty of experience driving a jet ski. It’s still important, however, to supervise the time teens and older children spend driving the jet ski. Parental supervision can greatly reduce the risk of an accident, and help young operators develop the proper piloting skills.

Were You Injured In a Jet Ski accident?

Unfortunately, even with proper safety precautions, the risk of serious injury is always present when using high-speed watercraft. If you or a loved one has been injured due to improper safety practices or the negligence of another, you may be entitled to compensation for your injuries. Contact us today at (727) 451-6900 or online to schedule a free consultation with one of our experienced personal injury attorneys.

Dolman Law Group

800 North Belcher Road

Clearwater, FL 33765

(727) 451-6900

https://www.dolmanlaw.com/locations-florida/

Injured on Vacation? Here’s What to Do Next

2018-07-25T09:40:00.000-07:00

It’s every Clearwater-area vacationer’s nightmare. Far from home, you’ve been injured because of someone else’s negligence or recklessness. A slip-and-fall, a car accident, a casino boat fire. Now your vacation is in ruins and, what’s worse, you have to figure out if and how you can recover compensation for all of the ways you’ve been harmed. Insurance may cover some of your medical expenses, but what about the rest of what you’ve lost?

Here’s some good news. You don’t have to fight for justice alone. At Dolman Law Group, we’re here to help you and your loved ones understand your legal rights and to fight on your behalf to recover compensation for your expenses, suffering, and inconvenience.

In this post, we walk you through some steps you may want to take to recover from a vacation injury and protect your rights.

First Things First: Seek Medical Treatment

Obvious as it might sound, the most important thing to do when injured on vacation is to seek immediate medical attention. Don’t wait until your vacation is over. Don’t try to downplay your injury because your family members want to keep having fun in the sun. If you’re hurt, call a doctor or 911, stop in at an urgent care clinic, or if necessary, head straight to a hospital emergency department. Your health and well-being take priority, and waiting to seek care could make your injuries worse or even threaten your life.

There’s another reason that it’s important to seek medical attention immediately if you’ve been injured on vacation: the longer you wait to see a doctor, the more difficult it may be to receive insurance benefits or to recover damages from a responsible party under Florida law. The records your healthcare provider creates when you seek care serve as evidence of the nature, severity, and timing of your injury, potentially critical pieces of information down the road. So, don’t wait! Get to a doctor if you’re hurt.

Inform Your Doctor at Home

It may also be important for you to let your doctor at home know about your injury and current condition. Your doctors here in Florida may need to connect with your doctor about your medical history in order to give you the best care. If possible, you or a family member should call your primary care doctor at home and get the necessary contact information to pass on to your Florida medical team.

Preserve the Evidence (If Possible)

The accident was a shock. It interrupted your vacation and threw your family into “chaos mode.” At a time like that, it’s not easy to keep a clear head. But, if you can, it may help to preserve and collect evidence of how your injury occurred. What you gather will depend on the circumstances, of course. If you were injured in a car accident, pictures of the accident scene, of the damage to the car, of any cuts and bruises you suffered, could be helpful. If you tripped and fell at a restaurant, you could take photos of what you tripped over, and any warning signs (or their absence). You may also want to set aside and stop wearing the shoes you had on when you fell. In other words, the idea is to preserve a record of the factors that might have led to your accident, to reduce the possibility later on that someone will dispute what the conditions were in which you were injured.

In contrast, don’t worry too much about obtaining accident reports or medical records. Those are important, of course, and if you can collect them, that’s good, but they’re also the sort of evidence an attorney can track down later if necessary. It is more important to gather the sort of evidence that could change or disappear over time if it’s not preserved right away.

Keep Track of Extra Expenses

One of the many difficulties of suffering an injury on vacation is that you’re far from the comforts and support system of your home. As a result, you’re often forced to spend money you never would have needed to spend at home. For example, you or your family may have to extend the stay at your hotel (or find a new hotel) while you recover. You may need new clothes. Your family may be eating out at restaurants instead of at home. And so on.

It’s important to keep track of all of these added expenses. They may not be covered by your own insurance (possibly unless you carry travel insurance), but they could be recoverable as damages from the party at fault for your injury. So, always get receipts and/or pay with a credit or debit card instead of using cash, so that you have a record of what you spent.

Before You Leave for Home, Meet With Us

It would be understandable if you wanted to head home as soon as possible after getting injured on vacation. But, if you have the time, you and your family could help yourself significantly by meeting with the experienced personal injury lawyers in Dolman Law Group’s Clearwater office before you go.

By sitting down for a free consultation with our attorneys, you can gain the peace of mind of knowing your legal options, and (if you choose) ensuring you have a legal team in place, “on the ground,” before you leave for home. While you return to your life and recuperate, we can pursue an investigation, interview witnesses, and advise you on your rights to compensation from insurance companies and responsible parties.

At Dolman Law Group, we understand that, as a visitor to Florida, the last thing you ever imagined for your vacation would be spending part of it in a lawyer’s office. But the sooner we can meet and start working for you, the better your chance of recovering the payments and obtaining the justice you deserve. Call us today at (727) 451-6900 or contact us online to schedule a time to meet. We’ll do our best this part of your time in the Clearwater area as stress-free as possible.

Dolman Law Group

800 North Belcher Road

Clearwater, FL 33765

(727) 451-6900

https://www.dolmanlaw.com/locations-florida/

5 Common Boating Injuries, Their Causes, and How to Prevent Them This Summer

2018-07-20T08:58:00.000-07:00

While Florida’s sunny weather makes boating a year-round activity, the arrival of summer means a drastic increase in the number of people on the water in the coming weeks. While a day on the water can be a great way to relax and enjoy the summer sun, increased congestion on Florida’s lakes, bays, and waterways means also means a greater risk of boating injuries in the coming months.

Many people do not realize that most boating injuries and incidents do not result from inclement weather. More often than not, these incidents are the result of human error and negligence. If you plan on spending time on the water this summer, it is important to take a few precautions in order to ensure the safety of you and your party. To help ensure your time on the water is both safe and fun, below we’ll provide an overview of the most common boating injuries and incidents, their causes, and what you can do to prevent them from happening.

Common Boating Injuries:

Drowning

Unfortunately, drowning is a common occurrence among boating enthusiasts. In fact, the Coast Guard tracked 4,064 boating incidents in 2014, and of these incidents, 610 resulted in fatalities, 78 percent of which were the result of drowning.

While a large number of boating accidents result in drowning, there are simple steps that you can take to prevent this from occurring. One of the most common causes of boating fatalities is people not wearing life vests. According to the Coast Guard’s findings, 84 percent of drowning victims were not wearing life vests. This makes it imperative that everyone in your party wears a life vest, even if they are an experienced swimmer.

Many incidents of drowning are also often caused by passengers falling overboard, particularly when the boat is in motion. In addition to making sure that everyone in your party wears life jackets, you can also prevent drowning by taking precautions to prevent passengers from falling overboard. Make sure that no one rides on the bow of the boat, that all passengers remain in designated seats when the boat is in motion, and be sure not to overload your vehicle’s weight capacity. Additionally, taking care not to take turns too sharply and maintaining reasonable speeds can also prevent people from falling overboard.

Preventing passengers from falling overboard is critical. Even if they do not drown, passengers who fall overboard can suffer from whiplash, concussion, broken bones, or spinal trauma. Overboard passengers can also suffer from lacerations or amputations if they come into contact the propeller.

Collision Injuries

As waterways become more congested, boating collisions become more common. There is often a misconception that boating collisions do not cause as severe of injuries as automobile accidents; however, the speed at which many boats travel, combined with the fact that most boats do not have seatbelts, means that accidents on the water are often just as critical as accidents on the road. Here is an overview of two of the most common injuries that boating collisions can cause.

Traumatic brain injury (TBI): Traumatic brain injury is the result of the brain hitting the inside of the skull, usually as a result of a hard impact. When boats collide at high speed, passengers are often thrown out of their seats, and they may even be ejected from the boat, which can result in traumatic injury to the brain.

Spinal cord injuries: Being ejected from the boat during a collision can also result in spinal cord injuries, as hitting the water at high speeds can be as hard of an impact as hitting concrete. This can result in spinal compression, herniated disks, or even paralysis that can be temporary or permanent.

Unfortunately, boating collisions are most often caused by human negligence and usually easily prevented. The most common causes of boating accidents include:

Reckless driving: One of the most common causes of boating accidents is reckless driving. Being on a boat often causes people to get carried away and drive more recklessly than they would when driving a car. Unlike an automobile, watercraft can be much more difficult to operate, making corrective maneuvers far more challenging than by motor vehicle.

Intoxication: Perhaps the most common cause of boating collisions is intoxication. One of the most vital things to remember when driving a boat is to treat the boat like a car: under no circumstances should the operator drive while under the influence. Feel free to have a good time when you are on the water, but make sure that you retain a designated driver in order to ensure everyone’s safety.

Severe Lacerations

Severe lacerations are also a common injury that occurs on the water. While collisions and falling overboard can result in lacerations, many severe boating lacerations are caused when swimmers or overboard passengers come in contact with a boat’s propeller. For this reason, it is imperative that swimmers do not enter the water when the boat is running, and watercraft operators steer clear of smaller craft or swimmers. Wait until the boat has been turned off completely before allowing anyone to enter the water; do not restart the boat until all passengers have come back on board, and you’ve verified the water around the craft is free of other persons.

Eye Injuries

Believe it or not, eye injuries are common when boating due to the speed at which boats often travel and the wind this creates. The open construction of many boats in comparison to automobiles also means that passengers are at a higher risk of injury from foreign material traveling at high speeds. This can cause a variety of dirt and debris to enter the eye, which can potentially result in corneal scratches or abrasions. Wear sunglasses when on the water in order to protect your eyes from debris. This will also protect your eyes from sunlight that can reflect off the water and strain and injure your eyes.

Were You Injured in a Boating Accident?

If you or a loved one are injured in a boating accident, it is vital that you get immediate medical attention. Even if you feel fine, your injuries may be more serious than you realize. In particular, head injuries may not immediately show symptoms; however, serious complications can arise as time progresses.

What to do if someone is seriously injured: If someone in your party is seriously injured as the result of a boating accident, one of the first things you will need to do is to stop the bleeding if they have been cut. If you suspect a head, neck, or spinal injury, it is important that you keep the injured person immobilized and comfortable until help arrives. Help to manage their pain until you can get them medical attention, and make sure that they stay hydrated; dehydration can occur quickly when out in the sun, and can make their condition worse.

If the injuries you or a loved one acquired in a boating accident are a result of another boater’s negligence, you should seek legal counsel immediately. Contact us at (727) 451-6900 to learn how our experienced attorneys have been able to help victims of boating accidents, and what compensation you may be entitled to under the law.

Dolman Law Group

800 North Belcher Road

Clearwater, FL 33765

(727) 451-6900

https://www.dolmanlaw.com/legal-services/maritime-law-attorneys/boating-accident/

Does Using Your Phone’s GPS Count as Distracted Driving?

2018-07-17T12:15:00.000-07:00

In March of this year, the Florida legislature failed, again, to pass a law cracking down on the scourge of texting while driving on Florida roads. This is a shame, since “distracted driving” has caused a surge in accidents in Florida, and Florida has some of the weakest laws in the nation to address it.

The legislature’s inability to address the extreme danger of texting-while-driving highlights the dim prospects of there being any movement on another, less-prominent, distracted driving danger: use of GPS devices. In this article, we discuss what constitutes “distracted driving” generally, and how using GPS devices can fall into that category just as much as texting does. We also discuss what you should do if you are injured in an accident involving driver distraction with a GPS device.

What Is “Distracted Driving”?

Although “distracted driving” is not defined in current Florida statutes, the Florida Department of Transportation describes it as “anything that takes the driver’s attention away from the vital task of driving.” Described that way, a wide range of activities could potentially qualify as “distracted driving,” including texting, tuning the radio, talking on the phone, and, as discussed here, using a GPS system. However defined, distracted driving is a major problem. The National Highway Traffic Safety Administration (“NHTSA”) reports that in 2016, distracted driving claimed 3,450 lives on U.S. roads. In 2015, it caused 391,000 injuries.

Considering the widespread use of smartphones and GPS devices, perhaps these numbers aren’t surprising. What is surprising is how many Floridians do not realize the dangers of using those devices while behind the wheel. As the NHTSA points out, at 55 miles per hour, taking your eyes off the road for just five seconds to fiddle with a GPS is the equivalent of driving the length of an entire football field with your eyes closed.

How a GPS Device Causes Dangerous Distraction

Knowing how a GPS can be dangerous is the first step in using it responsibly. According to the Florida DOT, distracted driving comes in three forms: manual (taking your hands off the wheel), visual (taking your eyes off the road), and cognitive (taking your mind off of the task of driving). Unfortunately, using a GPS device can impact all three of these.

Manual. Unless a GPS device has a voice command function accessible from a button on the steering wheel or an “always listening” mode (like “Hey Siri”), it usually requires you to use at least one hand to execute commands, like typing in an address or pressing “Start Route.” Even devices with voice command may require you to press a button to activate them.
Visual. Whether you’re typing an address into a GPS, or looking at it to see your position on a map, using a GPS requires you to divert your eyes from the road. Ideally, you should not have to do so for more than a second or two, but sometimes it’s easy to want to look longer, which can increase danger quickly.
Cognitive. As Time reported in 2016, cognitive function may well be the biggest area in which using a GPS can distract a driver. GPS’s demand our attention, and sometimes in surprising ways. They speak to us. They reroute us. They invite our mental engagement at times when all of our attention should be focused on the road ahead. (Just think of how quickly tension, and distraction, escalates when a GPS tells you to take a turn and you don’t see what it means.)

GPSs also erode our cognitive map-making abilities. Mental maps—that is, knowing where you’re going because you’re familiar with a route and have it pre-planned in your head—are a particularly useful human skill. They allow us to develop situational awareness of potential dangers on the road ahead by comparing our expectation of what the road should look like with how it actually looks. They also help us navigate under sub-optimal road conditions, like in rain or at night.

But GPS devices effectively replace that mental map, which over time can cause us to lose that instinct for where we are going. We become dependent on a GPS to tell us our route. And, when the GPS makes a mistake or disconnects in areas with bad reception, unprepared drivers can become stressed, distracted, or unwilling to follow their own instinct. Consider the stories of drivers following a GPS’s instructions and driving into a lake.

Finally, GPS devices can cause distracted driving even when you’re not paying visual attention to them and you can operate them hands-free. For instance, when drivers make mistakes or skip exits, the GPS alerts them with a noise or an instruction to make a radical course change. These sudden interruptions can be jarring, which makes them dangerous. Any focus on following directions instead of observing the environment for dangers can certainly count as distracted driving.

How to Reduce the Danger of Using a GPS Device

Now that you know the dangers, here are four ways use your GPS responsibly:

1. Familiarize yourself with the visual route. Before you head out to a new destination, look at the map. Familiarize yourself with the major turns and identify any spots with tricky navigation. With that bit of mental forewarning, you can reduce potential panics and mistakes. It also helps reduce your reliance on minute-by-minute instructions from a GPS.

2. It’s better to turn around than follow directions that don’t make sense. If your GPS is telling you that you have to make a split-second decision, ignore it for a moment. Focus on safely driving past the intersection or point of contention. Then you can turn into a parking lot and check the map visually. Even if you are on a deadline or are running behind, focus on safety instead of following your app’s directions.

3. Set your destination and preferences before you start. Get your GPS organized early. Type in the address and decide which available route you want to take before you put the car in drive. Inputting information and making choices is even more distracting than following a GPS’s instructions might be.

If you need to change your route halfway through the drive, pull over before you start. This might be frustrating, especially if you’re stuck in traffic and pulling over would add several minutes to your drive. But if you’re frustrated and tempted to modify your GPS to find a better route, other drivers are probably doing the exact same thing. That means it’s even more important to stay vigilant and keep your car safe.

4. Have your passenger handle navigation. Nobody likes a side seat driver, but your trip may be safer if you have one. A person can give you early warning about complex directions and visually inspect the map. Studies show that talking to a passenger is safer than talking over the phone, and part of that is because passengers are cognizant of the road conditions. They know when to stop talking and when to point something out. Passengers who are operating your GPS can apply the same filter and reduce potential distractions at key moments.

Injured by a Driver Distracted by GPS? Call the Dolman Law Group

Ultimately, your state and city will decide what is legally considered distracted driving with a GPS app or device. But if you drive in a gray area, use your best judgment. Only use your GPS if you can focus on the primary task of driving and can safely ignore any distractions it offers.

If you were in a collision with a driver using GPS and suspect distracted driving was to blame, contact us at Dolman Law Group. or call us at (727) 451-6900. We represent people injured in auto accidents and their families, and can help you ensure that distracted drivers are held accountable.

Dolman Law Group

800 North Belcher Road

Clearwater, FL 33765

(727) 451-6900

https://www.dolmanlaw.com/legal-services/distracted-driver-attorneys/

Who is Worried About Local Auto Accident Lawyers and Why You Need to be Paying Attention

2018-07-16T18:10:00.000-07:00

The amount of money enter his private account-corruption in the greater order. Quite simply, cargo insurance isn't only an assortment of take-it-or-leave-it ordinary wordings. American National insurance policy isn't a company that we would ever opt to do the job with.

After you strike a auto accident, it is quite important for you to get a exact clear understanding concerning your rights and responsibilities. Motor Vehicle Accidents Auto accidents are the most frequent supply of private trauma. Injuries caused by injuries at faculty must not be over looked. Minor harms like a bruised kneecap or abrasions on the arm wont warrant the legal bills. Vehicle accidents are a quite common manner of attaining injuries to an person. A auto crash could cause a huge impact in your whole lifetime . A auto collision, even only a tiny fenderbender, could be cluttered.

Most reputable law firms are available on the internet. Back in Chicago, there certainly are several such lawyers at which you are ready to put forward your own cases and also get support. A business may possibly find reimbursement to the purchase price tag on presenting the materials requested by submitting a statement of the price tag on photocopying the documentation. No major business is going to abandon their staff members in a foreign state. The exact 1st company will be the absolute hardest to receive produced with. Most businesses will mechanically choose your hard earned money each month, but when the time arrives to reciprocate you might be standing on the basis of BecauseYour insurance policies carrier refuses one to earn a acceptable settlement offer!

Be certain that you're comfortable using the law firm you're considering selecting. The attorney will assist you acquire the utmost sum of insurance policy claim from the insurance businesses 4. Then he would provide you with illustrations so. Possessing a miami personal injury attorney escalates the worthiness of their big event of the person, thereby making the decision even more advantageous to the patient 5.

The attorney will carry out an investigation to receive evidence of the defect that led to the collision. In reality, you ought to really go for an attorney that specializes in auto mishaps. Your attorney should specialize within the field of law that directly pertains to some circumstances and also they should own a history of results and experience. Furthermore, you have to be careful enough to try to find a experienced attorney. These lawyers possess an exhaustive understanding about how to proceed from the insurance policy agencies and receive the complete claim number which you deserve.

You absolutely anticipate a attorney to do notary means of many official documents for establishing their own legitimacy. Hiring such a attorney may prevent you besides frustration and make the full process a smooth and hassle free one. It is possible to find a personal injury attorney by hunting online, or on your neighborhood yellowish pages.

Your insurance policy policy agency could supply you less compensation than that which's due to you and your attorney will help you combat the case in court if necessary. View your website of the lawyer or attorney you are planning going to find out a lot more. You may even make your household store your car advice in order that they are easily in a position to publish a claim should they receive in a accident forcing your automobile. Mainly as it's occurred to me personally on a few situations. You are going to become equipped to find out a tremendous number of lawyers who practice personal injury law. In the event you own a mobile telephone to call on the authorities along with also your insurance policy carrier with, consult the other driver involved, or witnesses in the spot, in the event that you are ready to borrow just a phone in order to do not have to leave the scene to directly call anyone.

The Do's and Don'ts of Local Auto Accident Lawyers

Since there are a lot of aspects, it's challenging to foresee that the authentic stream of targeted traffic in any given certain time with theoretical types. Additionally, there certainly are a lot of facets which decide what exactly the worthiness of the vehicle is after an incident. The hint will permit you to know the valid risk. If you own a condition such as fibromyalgia, for instance, you canat prove it using a blood test an x ray, or even a MRI. Even in the occasion you don't get arrested, you'll most likely have to pay for a civil great and also your very own personal information is going to be input to a retail theft agent. In reality, so much as my precise case travelled obtaining an lawyer is exactly what initially got me! You'll find a number of unique payment alternatives that could possibly be availed with the attorney.

Participants will need to cover I am membership costs into this neighborhood group, along with your head area. Groups are thought to be mostly independent, hence it's not unusual for groups to vary in the vehicles they cater to, along with the fees and fulfilling standards. What an excellent set of an individual!

Every parent might really like to trust the very best in their son or daughter girl. Sure once you speak into this child onto your phone they'll declare it won't ever happen again, and also you would love to think them. Children have to have hardships, they will need to be attentive to the planet isn't honest, and sometimes times life stinks. The kid resents the parent instead of valuing your father or mother. Saving the child out of the mistakes means you never expect them to look after the situation independently.

Who Else Wants to Learn About The Injury Lawyers?

2018-07-16T18:07:00.000-07:00

Many men and women decide to employ an crash lawyer when they may be in an auto accident that finishes in personal-injury and monetary deficits. Our skilled vehicle crash lawyers are prepared to listen to the particulars of your claim and provide you that their qualified, honest info on your own top measures ahead. You will find numerous competent automobile crash attorneys in Houston.

Our attorneys do whatever is within their capacity to resolve each scenario quickly for the best degree allowable. Whether you're searching to get a pedestrian street collision lawyer or even the man who handles the personal injuries, then it is the correct time to start out with a thorough on-line research to come across the resources you need such circumstances. Even the Indianapolis Personal Injury Lawyers together with Stewart and Stewart Injury Attorneys state there are lots of techniques it's possible to safeguard your family against your challenges of an pure gas burst. At an identical point you can assume that all every lawyer goes to be the exact same, even the reality is that if the contest that you utilize an in experienced, apathetic or untried attorney, you might be putting all of your future at stake. If you're in want of a personal injury attorney in Walnut Creek, San Francisco, Oakland, Marin County or Santa Cruz, odds are you would rather talk with some one who is like you personally, not merely a attorney at a suit who is out to get a buck.

Attorneys who need to practice in more than 1 state often needs to decide on the pub test in every state. In most nations, injury lawyers function primarily on a contingency fee basis, some times referred to being an if-come fee, by that your law firm gets a proportion of an client's recovery for a commission, but will not recover a fee at case the claim isn't profitable. You have the ability to count on our Chicago personal injury lawyers that will assist you get through the legal procedure and also be sure your absolute best self interests are all represented. Adhering into an crash, there might be many moving pieces, that's the reason it is vital to acquire in touch with a greater Chicago personal injury attorney.

Our processes are to aggressively go after payment to get the own personal damage or wrongful death claim, and also assure not merely that you just comprehend the process that the entire procedure through, but in addition, that you obtain the best result under all conditions. Accidental injuries claims are unquestionably probably the most frequent range of legal actions that's pursued while in the usa in any certain twelve months. In the event you create a personal injury claim, you may start looking for diverse varieties of compensation. Technically, you may submit a personal damage claim against the insurance provider on your. One of the maximum reasons to decide on our private injury lawyers can be as we are vastly experienced managing all types of asserts, from the straightforward to the complicated. Our hands-on approach to accident examples helps to ensure that the exceptional facets of just about every circumstance receives the attention it deserves in order to produce the almost all of value for you personally. For those who haven't been through an injury case before, you're going to need guidance concerning how to list and get this advantages which are readily available to you .

A Startling Fact about the Injury Lawyers Uncovered

In certain instances, the injury will require to have happened within three decades, but every issue differs. When it's influenced your life, you are going to require to talk to a skilled attorney to determine if you should pursue a lawsuit. Many don't know of how many accidents could possibly be because of negligence as opposed to utter bad fortune. Within the wake of a severe accident, it may be challenging to fully grasp where to reverse.

If it regards the group of the attorney to represent you interests, you've got lots of alternatives. It is, therefore, very essential you do not be afraid to have in touch with an attorney you can rely on. You understand it is much better to do the job having an attorney who's near enough to you personally to guarantee efficiency of communication and individual attention. You should also search for an attorney which is responsive to the needs you have, careful, and functions difficult to find the results. Some attorneys neglect they work for the consumer. Before taking a brand new circumstance, a personal injury attorney will usually interview a possible client and evaluating the customer's situation to establish the essential facts and potential legal claims that could possibly be built, identify potential defendants, and also gauge the effectiveness of their situation. An aggressive personal injury attorney at Baytown, Texas can assist with your claim.

Your injuries leave you helpless to even carry out even one of the simplest tasks that you wish to make it on your own day. If you've suffered a critical accident, our attorneys are standing by to aid you. If it is a substantial accident, you might not find a way to work or do daily activities as you had the ability to perform just before the wreck. In the event you've suffered significant injuries from an auto accident that wasn't your fault, then it's on your very best attention to get assistance from a specialist Houston vehicle crash lawyer to find out choices to regaining acceptable and full reparation.

When you are handling a injury, the very last matter you desire to be concerned about is your own legal demands perhaps not being handled properly. If you've suffered a personal accident, you might find a way to file for reparation. Most personal harms fall in the category of regulation referred to as torts. Every accidental injuries and car incident situation is exceptional.

The Ultimate Car Accident Attorney Fees Trick

2018-07-16T18:02:00.000-07:00

If you should be in an collision, the other party's insurance plan provider may make a bid to get in touch with you and request an announcement. If you should be mixed up in this type of event, you would like to be certain that your rights have been appropriately shielded therefore you might recover the utmost quantity of reimbursement available using a skilled Phoenix automobile crash attorney. If case you or someone you care about was seriously damage in a vehicle episode, don't hope that the insurance companies take the own side.

A car crash does occur every 30 minutes in the us. Although it may appear unique for every single victim,

you will find numerous common kinds of injuries that may impact you when someone else is threatening or reckless about the roads. For example, if you should be involved with an auto accident once your auto insurance has arrived at an end and you're afterward prosecuted for recovery of damages, you're going to be guarded by a legal plan insurance . The vehicle accident caused significant damage and the price will be a substantial whole lot. Consequently, vehicle collision attorney is essential once you're in an auto accident. No matter the cause, automobile injuries are a substantial protection and fiscal dilemma for your own Phoenix neighborhood. Once an auto accident happens, you may possibly be contacted nearly instantly by the wrongdoer's insurance company, someday even as you're in the clinic.

To safeguard your legal rights, it's important to acquire in touch with us as soon as you possibly can after the crash. Motor vehicle collisions might come in abrupt accidents. Many situations each auto mishap leads to an injury. Motor vehicle collisions can happen any given moment, you're in no place to call them. You're maybe not guilty in the automobile mishap you experienced acute harms, additionally have to put on with the purchase price tag on cure in hospital also if really come out some longer money to restore your car involved with this crash. Car accidents are for the large part due to the negligent operation of motor cars. Whether it's a slight injury or some severe automobile accident, if you should be injured at an auto crash, then you want to contact a accident attorney instantly as, you could be qualified for economic repayment for your injuries, pain and suffering.

Car Accident Attorney Fees: the Ultimate Convenience!

Your lawyer might want to negotiate together with medical providers, to be certain they accept that your settlement. Yet big or tiny your case will be, you're definitely going to be dealt with the same by your solicitors. Generally in the majority of instances, the auto crash attorneys manage the instance on the lands of NO WIN NO pay out. The most critical issue is always to receive in touch with an experience auto incident legal professional straight a way in order to guard your legal rights.

Our lawyers know that which it's that you're going through. Something else you ought to understand about your lawyer is your mention, history and background. An automobile crash lawyer has the capability to assist you to select should you own an instance or maybe not. You need to contact a auto collision attorney early for a wholly free accidental injury case evaluation.

The Debate Over Car Accident Attorney Fees

If our lawyers cannot successfully shield your scenario, you have no any legal fees. To start out with, ensure that your attorney has demo knowledge. The lawyer isn't going to have the ability to supply you with an exact level clearly, however they ought to be more in able to at least give you a rough quote. Not to say that the excess time the automobile incident lawyer will be spending to get ready for that trial and also at court. In case a auto episode lawyer in NJ decides that lawsuit is essential to shield your interests, then you're should submit a complaint and supporting records with the court clerk.

The Meaning of Car Accident Attorney Fees

You prefer to understand which lawyer to consult with second, and also maybe not feel like you've surely got to do the job with the exact first coating that you meet with. A episode attorney generally gives legal support to the individual who claims financial payment. In agreement with expert wisdom and practical experience an auto collision lawyer will look after the event of a auto accident. You have to pay your vehicle crash lawyer in NJ, typically a proportion of the full sum you recover.

Your lawyer might have to retain and cover the assistance of the court-reporter because the deposition is ran under oath plus also a published transcript must be ready. A collision attorney should possess especial wisdom and connection with the Tort regulation within their perspective. In fact, vehicle incident attorney has the capability to deal with any sort of injury that involves acar. You will also have to supply the automobile episode attorney together with factual statements of all of insurance policy that you just take for example vehicular and insurance policy to influence the reach of the claim that you will file. A good automobile crash lawyer is able to help you regain what you misplaced in the wreck.

The Tried and True Method for Workplace Injury Law Firm in Step by Step Detail

2018-07-16T17:57:00.000-07:00

A Secret Weapon for Workplace Injury Law Firm

If you've undergone an injury for a effect of a person's recklessness you ought to document a lawsuit. Report when you realize you have got a accident. Should you ever suffer out of a work-related injury, there are a lot of possibilities which you have as a way to be left financially whole.

The injuries would need certainly to be due to some flaw from the plan or any flaw in the building of the

merchandise. Your own injury could occur to anybody in any given moment. Any form of bodily injuries for a effect of an assault , negligence or accident might even be categorized as a personal injury, and you're going to be able to submit a lawsuit to recoup compensation from whoever is accountable for Another form of continual damage is provided in the design of mesothelioma. In case your injuries was a result of the neglect of somebody else, you may have the ability to find compensation. For anyone grounds mentioned previously, whenever you experience a accident on the job, the very best path of activity is always to speak in your situation in a wholly free consultation with a workers' comp lawyer.

New Questions About Workplace Injury Law Firm

At case the attorneys believe somebody is an actual victim of neglect and can be entitled to legal compensation, they may agree to undertake the circumstance and handle the litigation. The injury lawyer will receive you a very good payment for your own private injury event. A specialist injury lawyer will often offer testimonials from prior clients without hesitation. Additionally, there are a few measures which you are able to simply take to make sure you don't obtain the wrong accidental injury attorney and also they need to maybe not be dismissed.

Injury attorneys usually are pleased to talk regarding their successes and sometimes bill final results on their private injury site or inside a distinctive section on the site. Your job trauma attorney may also help you gain benefits in the event that you are not ready to work as a effect of work comp injury. The job injury attorney may allow you to help you save from the job comp paperwork nightmare which is an portion of this process.

The Do's and Don'ts of Workplace Injury Law Firm

On your first consultation, your attorney ought in order to supply some first strategies for the circumstance, however, it doesn't need to become the last strategy. Therefore, the attorneys in Ontario are wanting to spread awareness about the should know the protection under the law and shield them using the assistance of a personal injury attorney. Even when you are trying to find a attorney, consider consideration that perhaps not all lawyers are ready to manage a claim. But ahead of doing this, it is indispensable to speak about having your own injuries attorney, which aids customers which have been critically injured as a effect of this carelessness of some other person or party. Many personal injury attorneys deliver totally free a lawyer on WorkCover promises.

At the event you or your law firm don't submit an event within a sensible period limitation, your case is going to be entertained at the court docket in any way. Employing an attorney can make sense. In the event the lawyer seeks longer to come up together and handle the instance, you ought to hunt for still another viewpoint. It's a very good idea to get in contact legal counsel the moment possible following your accident, to be certain that your legal rights are maintained. There really are a couple unique sorts of personal injury attorneys dependent on the basis of your own accident. The personal injury attorney will negotiate with the employer, in order to supply you with most of the benefits throughout the method of retrieval. If that which seems to be this difficult, it really is highly recommended that you seek out the expert services of a specialist personal injury attorney.

You ought to contact your development crash lawyer the moment that you're injured to be certain you receive all positive aspects which are professionally owed to your own . You ought to go with just any construction incident attorney, however. A structure incident lawyer is able to work together with you personally along with your employer to locate the greatest possible amount of income which ought to pay your expenses and any other costs that arise in your injury attorney. You ought to consider selecting a construction crash attorney when you currently well enough following your own injury attorney.

The Demise of Workplace Injury Law Firm

Lawyers ought to be ready to arrive at the hospital or to your dwelling to meet you and your nearest and dearest. A wonderful attorney will take care of the lawful paperwork and procedures for your own advantage. So, selecting a wonderful personal injury lawyer using a amazing record of successful discussions is important to getting the most from one's case.

If you function by means of the law firm, your work might be quite safe in case you're always a superb worker, which isn't something that could possibly be said for many niches, especially if the economy is detrimental. Despite how several law firms have a inclination to employ specific types of marketing abilities and practices, you ought to be aware not many them are dependable and true, as a number can be deceptive too. With only a couple of clicks on the net, you may notice numerous law companies offering services for automobile accidents.

2018, Year of the Backup Camera: Safety Tool or Added Distraction?

2018-07-16T08:58:00.000-07:00

Backover crashes injure more than 12,000 persons, and kill more than 200, annually. Sadly, the majority of these incidents involve children between the ages of three and twelve. Consumer safety group kidsandcars.org cites “Bye-Bye Syndrome” as a factor in backover crashes injuring young children: Upon hearing the words “bye-bye,” children follow adults in an effort not to be left behind, with sometimes disastrous results. The statistics for backing up accidents are eye-opening:

Fifty children are backed over in the United States every week because a driver could not see them.
More than 60 percent of backing-up accidents involved a large size vehicle (SUV, van, truck).
Most of these accidents occur in driveways and parking lots.

In an effort to lower these statistics, Congress passed legislation, effective May 2018, requiring all new vehicles sold in the United States to have backup cameras. While backup cameras are already on the market in high-end cars and models with extra safety packages, the technology is now standard, even in cheaper vehicles.

Early estimates by the National Highway Traffic Safety Administration (NHTSA) predict that backup cameras will save between 58 and 69 lives every year once universally deployed. Only time will tell, however, whether the mandatory federal regulation is truly effective in preventing—and reducing—backover crashes involving injury or death.

Backup Camera Mandate

Consumer safety groups have long advocated for regulation regarding better rear view visibility from vehicle manufacturers. The groups achieved limited success with the 2007 passage of the Cameron Gulbransen Kids Transportation Safety Act. Congress signed the Act into law, requiring the NHTSA to set rear-visibility standards by 2011. Reasons such as conflict over how to write the standards and governmental resistance delayed the process. The perseverance and hard work of the consumer safety groups paid off, however, with the May 2018 mandate:

All vehicles under 10,000 pounds include a backup camera
Cameras must show a 10-foot-by-20-foot zone behind the vehicle

The NHTSA acknowledges that the mandate adds to the cost of vehicle construction, and that this cost is most likely to pass on to consumers. Estimated costs of backup cameras range from $40 for new vehicles already equipped with a center display, to $140 for vehicles without displays. Many experts and consumers agree that this is a small price to pay for added safety.

Blind Zone vs. Blind Spot

The push for backup camera legislation also brought about a change in terminology. For many years, drivers referred to limited or no-visibility areas around their vehicles as “blind spots.” Consumer safety groups pushed for use of the term “blind zone” instead, as “a zone represents a larger area than a spot.” The groups stated that referring to these areas as “spots” grossly underrepresented the wide range of danger possible behind a vehicle. Consumer Reports and NHTSA are just two examples of organizations using the term “blind zone.”

The average blind zone is 15-feet-by-25-feet behind the vehicle. The shorter the driver’s height, the larger the blind zone. According to the Insurance Institute for Highway Safety, backup cameras reduce blind zones by 90 percent.

Safety Concerns Regarding Backup Cameras

Nevertheless, backup cameras have critics who harbor concerns. Three top reasons critics cite as causes of concern are:

The displays distract drivers. Small screens result in squinting to see, with the driver’s focus centering on the display, and away from the road. Alternatively, the display screen may be too large, visually distracting the driver.

The new technology includes features distracting to drivers. Not all camera systems include automatic system-switching for when the car is in reverse. Some systems require manual changes to settings that can potentially distract drivers. Newer systems, however, typically include the automatic feature that turns on cameras when vehicles are placed in reverse.

Backup cameras provide a false sense of security. Backup cameras provide a larger view of what’s behind a vehicle than the standard rearview mirror. Experts warn, however, against placing all trust in the camera’s view. Looking behind the vehicle before climbing in and using side mirrors are extra safety measures, in addition to the backup cameras.

During a three year period, 2008-2011, backup cameras more than doubled in all new cars sold; concurrently, injuries fell less than 8 percent nationwide. Fatalities declined, although the comparison is small due to deaths from backover crashes being relatively rare. Improvements in reduced injuries and death statistics continue to appear, albeit slowly.

There’s little doubt that backup cameras will save lives and prevent injuries. The key to their success, however, lies in the driver’s ability to use the cameras in a responsible manner. Here are three important habits responsible drivers should always follow:

Stopping the vehicle before adjusting features
Double-checking using a pre-trip check by walking-around the vehicle
Using side mirrors as an added precaution

Clearwater, Florida, Personal Injury Firm

Backup crashes also involve pedestrians and bicyclists. Young children rate among the highest category of victims, due to their small stature and reduced visibility from a driver’s seat. Federal regulation requiring backup cameras in all new vehicles could take a step in the right direction for reducing backup crashes.

Like any technology, backup cameras still have the potential to fail, or to result in distracted driving. Other factors leading to backover crashes include rain, shadows, or debris reflecting on the camera’s display. Ensuring there is nothing behind a vehicle about to move is the driver’s responsibility. Failure to take every precaution to avoid striking a person and causing bodily injury is negligence. While accidents do happen, many of them are preventable with extra time and caution.

Our experienced attorneys fight for justice for residents in the Clearwater and surrounding areas. The Dolman Law Group offers a free consultation for victims of backover crashes. If you experience injury or the loss of a loved one due to a faulty backup camera or a distracted driver, call (727) 451-6900 or contact us online for a free consultation.

Dolman Law Group

800 North Belcher Road

Clearwater, FL 33765

(727) 451-6900

https://www.dolmanlaw.com/clearwater-personal-injury-attorney/

New Motorcycle Technology Can Prevent Accidents

2018-07-10T12:03:00.000-07:00

Motorcycle Accidents can be Stopped With New Technology

The primary concern of most forms of transportation innovations, is increasing the safety offered to passengers by whatever medium of transport. Whether it is the invention of the flight recorder to determine aircraft issues that lead to crashes or the invention of the airbag for the automobile, safety features are a driving force of transportation progress in our civilization.

With motorcycles, the development of safety features has proven to be difficult given the nature of the vehicle. The idea of a two wheeled vehicle requiring an exposed driver to constantly maintain stability while traveling at high speed is not exactly an exemplar of safe travel. Nonetheless, motorcycles are an enduringly popular mode of transport with the young and old for this element of danger.

Today, there have been a number of innovations in motorcycle technology that have found ways to make certain aspects of riding a bit safer. When motorcyclists are about 30 times more likely to be killed in an accident, every little bit helps. Things like new helmet technology, adaptive lights, and stability control.

Vehicle to Vehicle Technology Increases Motorcycle Visibility

One of the biggest reasons cars get in accidents with motorcycles is lack of motorcycle visibility. Motorcycles have a way of slipping into blind spots and sneaking up on unsuspecting drivers that can collide with them in a number of ways.

To combat this, companies like Autotalks have joined industry supplier Bosch to develop a communication system that allows motorcycles to be alerted to other vehicles on the road in order to prevent collision.

The system would utilize wi-fi in order to exchange driving information between vehicles such as speed, position, and brake activation that a computer would use to calculate possible collision and alert a driver to take evasive action. Unfortunately, this system is not yet available and is only in development yet as a concept it shows great promise thanks to its relative low cost and power demands.

The only downside to such a technology would be the requirement of everyone utilizing it in order for it to be effective. However, if it turns out to be as low cost and simple as developers have claimed, then the widespread adoption of such a technology to help save lives on the road and minimize accidents would be a pretty easy sell as long as the devices can not be used to track individual cars.

New Light Technology Can Reduce Motorcycle Accidents at Night

A staggering amount of motorcycle accidents occur at night. In fact, 60 percent of motorcycle fatalities occur in the evening when lights are needed. Unlike cars, motorcycles usually do not have the same extent of lighting. That means motorcyclists see less than cars and get seen less than cars as well.

LED Lights Improve Motorcycle Visibility

Thanks to advances in LED lighting, motorcyclists now have much more sleek and efficient lighting for nighttime riding and the incorporation of LED lights into the chassis of motorcycles also increase the visibility of the rider.

Adaptive Lighting and Prevents Motorcycle Accidents around Turns

When motorcyclists drive around a corner or curve their lights are usually restricted from illuminating the entirety of the curve which increases the risk of an accident. The failure to illuminate an animal, pothole, or even a pulled over motorist can lead to a motorcycle accident.

Luckily, the development of adaptive lighting in motorcycles can help to end this. Adaptive lighting utilizes sensors that detect the curvature and lean of a motorcycle when it turns so that the lighting array can compensate and aim the lights to best illuminate around the turn or curve.

According to the American Automobile Association, adaptive headlights have the potential to provide up to a 90 percent safety benefit to 90 percent of crashes that occur on curves at night. Considering how sharp turns and curves are among the top areas where motorcycle accidents occur, that is a very welcome figure to project.

Better Helmet Technology Means Reduced Accident Risk

The most integral piece of safety gear for a motorcyclist is a helmet. According to the Insurance Institute for Highway Safety, helmets are about 37 percent effective in preventing motorcycle deaths and about 67 percent effective in preventing brain injuries.

Those are great statistics in favor of helmets but they only take a singular function into account which is preventing your skull from being seriously injured. Thanks to advances in augmented reality and camera systems, motorcycle helmets can now serve multiple functions that can increase a motorcyclist’s safety.

Augmented Reality Aids Motorcyclists

Augmented reality has offered the unique ability to create useful displays appear in a helmets visor that can relay all kinds of useful information to the rider. A rider could get basic info like speed, fuel level, and time right without having to take their eyes off the road. More advanced models could possibly go even further and display even more complex information like gps location and navigation, hands free through the use of voice commands.

Blind Spot Accidents Stopped by Camera Technology

One of the most exciting innovations is camera technology implemented in new helmets. Some helmets on the market now have cameras placed at the rear of the helmet to provide a view of blind spots via a display in the helmet’s visor. Essentially, there are helmets that give you an eye in the back of your head to see if you are going to get rear ended by a truck or car.

While this technology is expensive now, it will only get cheaper as time goes on. Eventually all motorcyclists will reap the benefits of new safety technologies that have the potential to save countless lives.

Seek a Skilled Florida Motorcycle Accident Attorney

If you or a loved one have been injured in a motorcycle accident then do not hesitate to contact Dolman Law Group about receiving a free consultation on your claim. Our skilled motorcycle accident lawyers have the expertise you will need to secure the claim you deserve.

Call 727-451-6900 or fill out our contact form.

Dolman Law Group

800 North Belcher Road

Clearwater, FL 33765

(727)451-6900

https://www.dolmanlaw.com/florida-motorcycle-accident-lawyer/

What is a Batson Challenge in Las Vegas Personal Injury Trials?

2018-07-09T10:37:00.000-07:00

Today’s topic follows-up on last month’s blog of jury selection in civil personal injury cases. By way of background, in regular Las Vegas civil jury trials, lawyers for each side are allowed to cross 4 potential jurors off the final juror list. How does this work?

A list of the juror finalists is passed back and forth between both sides, each side able to cross off a person one at a time. The remaining members of the jury panel are then sworn into the juror panel for the personal injury case. This assumes that you have a fair and impartial jury. What do you do if you believe a juror is unable to be fair and impartial?

As discussed in previous posts, you can use your peremptory challenges, which allows for each side to strike 4 potential jurors. See NRS 16.040. However, you cannot use your peremptory challenges for an improper purpose. As if there wasn’t enough use of the word “challenges”, to confuse matters, if you use your ‘peremptory challenge’ improperly, the other side can ‘challenge’ your lawyer’s position with a “Batson challenge.”

The term “Batson Challenge” actually comes from the 1986 U.S. Supreme Court case of Batson v. Kentucky, 476 U.S. 79 (1986). There, the court ruled that a prosecutor’s use of a peremptory challenge in a criminal case, without stating a race neutral justification, violated the Equal Protection Clause of the Fourteenth Amendment. This coined the term “Batson challenge”. A Batson Challenge is therefore an objection to a peremptory challenge, based on race or gender. Later cases expanded the law to civil cases.

A more recent Nevada Supreme Court case discussing the issue was Ford v. State. 122 Nev. 398, 404 (2006). Although it too was a criminal case, it has relevance to civil cases and personal injury trials. In discussing the prosecution’s use of a potentially improperly striking a potential juror, our high court stated “[T]he persuasiveness of the State’s explanation is relevant. The district [trial] court must determine whether the opponent of the peremptory challenge has met the burden of proving purposeful discrimination. An implausible or fantastic justification by the State may, and probably will, be found to be a pretext for intentional discrimination. Citing Kazcmarek v. State, 120 Nev. 314, 332 (2004).

The take away from the case law is that while each side can strike 4 potential people from the jury panel, they are not allowed to strike all women or members from a specific racial background. Otherwise, your personal injury attorney will call foul and make a Batson Challenge.

Next time we will discuss the scope and limits of jury selection.

Common Side Effects of a Stroke

2018-07-05T09:45:00.000-07:00

Suffering from a stroke can be terrifying. You feel out of control of your body—and that feeling doesn’t go away. After a stroke, there are a number of common side effects that can linger even when you’ve received the best possible medical care. Understanding those side effects is critical to shaping your decision to return to work or start participating in normal activities again. In this article, we review those side effects, adapted from more detailed resources that you can find on the website of the National Stroke Association.

Fatigue

Following a stroke, it’s normal to have significantly less energy than before. Even on your good days, you may start out feeling as though you’ll be able to accomplish whatever you need to, only to end the day struggling. Running out of energy or struggling to find the motivation to accomplish normal tasks are normal parts of the stroke recovery process. For this reason, stroke victims returning to work may need prolonged reasonable accommodations as they slowly recover their pre-stroke strength and energy levels.

Muscle Weakness

It’s common for stroke victims to experience hemiparesis, or muscle weakness on one side of the body. The side of the body that experiences the weakness depends on the part of the brain damaged during the stroke. This weakness may improve substantially over time, or you may find that you struggle long-term. Reasonable accommodations and assistance devices can make it easier for stroke victims to handle normal daily tasks. If you’ve had a stroke and are experiencing muscle weakness on one side of the body, it’s still important to continue using those muscles every day. Failure to do so can lead to learned non-use or even paralysis in those muscles.

Incontinence

The inability to control either bladder or bowels isn’t just frustrating—it’s also embarrassing for many stroke victims. Fortunately, therapy often restores lost function and makes this symptom disappear or at least decrease over time. Unconscious leaking, rather than large accidents, is a more common form of post-stroke incontinence; however, complete incontinence, or the inability to hold either bladder or bowels at all, can also occur.

Difficulty Swallowing (“Dysphagia”) or Speaking (“Aphasia”)

The muscles that control speech and swallowing can also be impacted by a stroke—a side effect that can be extremely difficult for stroke survivors to live with. Difficulty swallowing (called “dysphagia”) is often remedied by eating soft foods in an upright position, which can be less dangerous for stroke victims. Difficulty speaking (“aphasia”), on the other hand, can be more problematic because speech is such a necessity for returning to normal life. Many stroke survivors find that singing is easier than normal speech. If this is the case, singing therapy (also called “melodic intonation therapy”) can help improve communication following a stroke by teaching stroke victims to sing the words they have difficulty speaking. Communicating through song may also give stroke victims a greater feeling of connection to the people around them, since they’ll be better able to connect and share their needs, feelings, and more.

Vision Impairments

It’s frustrating enough that a stroke makes you feel as though it has made you lose control of your body. Having visual impairment along with the rest of the symptoms can be even more frustrating. Beyond simple loss of vision, stroke victims may also have trouble focusing clearly on things in front of them or maintaining visual attention. Visual impairment may occur in both eyes, or victims may struggle to identify or focus on things on a single side of the body. Therapy can help improve outcomes in patients who are struggling with these types of impairments.

Sensory Loss/Unusual Pain

After a stroke, many survivors experience sensory loss or unusual pain. They’re unable to feel common, familiar sensations or may not experience sensations the same way they once did. This can include a struggle to feel hot or cold, inability to taste or a drastic change in their sense of taste, a pins and needles sensation across any part of the body, or overall numbness in a part of the body. Typically, sensory reeducation is used to help stroke victims return to normal functioning. In the meantime, it can be helpful to have help identifying common sensory inputs, including hot and cold, to help reshape appropriate responses or avoid dangerous reactions.

Avoiding sensory triggers that your body can’t recognize—for example, avoiding cooking over a hot stove when you’re unable to properly feel heat—can also help stroke victims avoid unpleasant complications.

Headaches

Mild headaches are considered to be a normal part of stroke recovery. Your brain is trying to heal itself, and it may take time to return to normal. Drinking plenty of water can help relieve many headache symptoms, especially if you tend to be dehydrated. If, on the other hand, you experience a severe headache during the stroke recovery process, it’s important to seek medical attention as soon as possible. Severe headaches are often a sign that there’s more going on with your body than you know, and having a medical professional identify the cause of those headaches is critical.

Emotional Concerns

Following a stroke, it’s normal for patients to experience a range of disruptive emotional conditions, including depression, anxiety, and anger. Patients may also experience personality shifts or struggles with identity issues, depending on the area of the brain that was impacted by the stroke. It’s critical for post-stroke patients to receive the support they need to redefine their lives and understand the changes taking place in their brains and bodies. In some cases, uncontrolled emotions or mood swings may also be a product of the damage that occurred during the stroke. Many of these symptoms will ease with time, but therapy can help many stroke victims get back to feeling normal sooner.

Call Dolman Law Today if You Suffered a Preventable Stroke or Need Help Returning to Work

If you or a loved one have experienced a stroke and are living with ongoing side effects, it’s important that you receive the help you need to return to work or to receive the accommodations you need. If you are struggling with your employer or believe medical negligence could have contributed to your stroke, contact the Dolman Law Group at (727) 451-6900 or online today. We provide the experienced legal counsel our clients need to get the help and justice they deserve, including compensation for the costs of a preventable stroke, and the reasonable accommodations they need to return to work.

Dolman Law Group

800 North Belcher Road

Clearwater, FL 33756

727-451-6900

https://www.dolmanlaw.com/clearwater-personal-injury-attorney/

7 Tips for Driving in Unfamiliar Places

2018-07-02T09:46:00.000-07:00

Summer is the ideal time for leisurely drives and exciting road trips. The combination of great weather and vacation days is often the perfect excuse to explore new places. However, driving through new locations and navigating unfamiliar roads is a source of fear and anxiety for many drivers. If it has been a while since they ventured onto new roads, even the most seasoned motorists can find themselves feeling stressed.

Don’t let your summer adventure become a nightmare! There are lots of ways to prepare for driving in unfamiliar territory. Here are a few tips to help you feel more relaxed behind the wheel this summer, no matter where you are.

Build a “Mental Map” to Familiarize Yourself with Your Route

Before you hit the road, take the time to look at an actual map—physical or virtual—to build a separate, “mental map” of where you’re going. As this 2014 essay that appeared in The Atlantic describes, building a mental map can be a useful, if imperfect, way to ease the difficulty of navigating somewhere new. Having even a simplistic image of what your route looks like, such as knowing that when traveling in the correct direction a mountain ridge or a tall building will always be to your right, can keep you from getting too turned around.

Use Your GPS, Except When It Stresses You Out

A GPS’s audio turn-by-turn directions can help navigate you exactly where you need to go without requiring you to look at a map, which can help you to stay focused on the road. Not only can this help you to feel more relaxed, but it can also help you to navigate unfamiliar road conditions such as one-way streets and traffic circles, as certain GPS apps will warn you when these obstacles are up ahead.

But, there’s a limit to the usefulness of GPS devices. Some drivers find the audio alerts jarring and understandably feel their anxiety rise when that ever-so-polite voice tells them to make a U-turn from the wrong lane of an unfamiliar road. GPS units also make mistakes, as stories of cars ending up in lakes thanks to faulty directions attest. So, while GPS can be useful, do not make the mistake of thinking it’s all you need to have a calm drive in a new location.

Invest in Physical Maps, Too. They Always Work!

Although we have become accustomed to relying on GPS can help to guide us on a new route, we should never forget that drivers survived with physical maps for a hundred years, and for good reason. Some people still prefer them, the way many folks prefer flipping the pages of a book instead of swiping pages on their tablet. But, even if GPS remains your preference, physical maps don’t require a data plan, a full battery, or reception from a cell phone tower. They’re an important backup plan you shouldn’t go without when navigating in unfamiliar territory.

Note Distinctive Landmarks, But Keep Your Eyes on the Road

This goes hand-in-hand with building a “mental map.” Another way to prevent getting lost is to pay attention to major landmarks and geographical features while driving, and to use them as rough navigational reference points. If you get lost and are unable to determine which direction you should be driving in to reach your destination, large buildings, mountains, and monuments can help you to reorient yourself and figure out in which direction you should be driving.

Of course, maybe it goes without saying, but it’s important not to get too distracted by a landmark and take your eyes off the road. If you have to reorient, better to pull over than to risk drifting into oncoming traffic.

Assign a Co-Pilot

One of the main reasons drivers feel stressed when driving in new locations is that it can feel overwhelming trying to pay attention to the road and other drivers while looking for signs and trying to find the right turns to take you towards your destination. If you are traveling with others, appoint a co-pilot (generally the person in the front passenger seat) to help navigate you to your destination. Having someone else watch the GPS and look out for signs and interchanges may help you to relax and allow you to focus on driving as well as keeping your passengers safe. This article from Prime Adventure offers some good tips on how to be a good co-pilot.

Ask for Directions. People Love to Give Them.

If all else fails and you find yourself lost and uncertain how to get to your destination, do not hesitate to ask for directions at a reputable business (hotels, restaurants, etc). Travelers are sometimes afraid to ask for directions out of fear that it will make them look bad, or that people will look down on them for being clueless. But, think of the times you’ve been asked for directions: have you ever thought that of someone? Most people you ask for directions will be happy to help, and may give you insight about your destination (and the route you take to get there) that proves invaluable.

Prepare for Tolls

If your travels are going take you to/through major cities, you will want to be prepared for any tolls that you may encounter along the way. Pack your toll pass if you have one, but also make sure that you carry cash at all times so that you can pay for toll roads and bridges without being caught off guard.

Plan Your Departure to Avoid Peak Driving Times

While your trip may require you to arrive at certain destinations at specific times, if your schedule is flexible, avoid driving in major cities during peak commuting hours. Driving in a new city is stressful enough, so plan ahead and save yourself from dealing with traffic jams and aggressive drivers.

Taking these steps before your next road trip can help reduce any anxiety you may feel when driving in a new place. Remember to drive safely and contact the team at Dolman Law Group online or at (727) 451-6900 if you suffer a driving-related injury during your travels and think someone else may be at fault.

Dolman Law Group

800 North Belcher Road

Clearwater, FL 33765

(727)451-6900

https://www.dolmanlaw.com/legal-services/auto-accidents-attorneys/

Road Glare: What You Need to Know About Overcoming This Florida Hazard

2018-07-02T09:33:00.000-07:00

While road glare can be hazardous for drivers across the country, the bright Florida sun can make road glare particularly dangerous for drivers in the sunshine state. In fact, if your daily commute has you heading east from 7:00 a.m. to 9:00 a.m., and west from 5 p.m. to 7 p.m., then you likely already know how difficult road glare can make it to stay safe on the roads. Whether or not your commute has you regularly fighting road glare, it is important that you are sufficiently prepared for road glare so that you can minimize the likelihood of an accident when you encounter this surprisingly hazardous condition in the future. To help keep both you and other motorists safe on the road, here is a quick overview of everything you need to know about road glare, as well as a few helpful tips for ensuring a hazard-free commute.

What is Road Glare? Why is it So Dangerous?

Glare is defined as any bright light that interferes with your vision, making it difficult or impossible to see properly. Anyone that’s walked outside on a sunny day without eye protection can attest to the sun’s ability to cause discomfort and poor visibility; now imagine that same experience, except behind the wheel of a rapidly moving automobile.

If you’ve experienced how light bounces off the road and impairs your vision, you’ve experienced road glare. While road glare can also be caused by the headlights of oncoming traffic when driving at night, the most dangerous form of road glare is caused during sunrise and sunset, when the sun is low on the horizon and the sun's angle causes a strong glare across a car's windshield. This type of road glare is particularly hazardous, as it can make it impossible to see the road in front of you, and can also make it difficult to see traffic lights, obstructions, and other cars on the road.

Glare from the sun can even cause temporary blindness. In fact, road glare caused by the sun is so hazardous that a former Osceola politician was recently killed as a result of an accident caused by road glare. Fortunately, there are precautions you can take to avoid being involved in a road glare related traffic accident. Here are a few tips to help keep you safe the next time you have to drive into the sun.

Invest in Polarized Sunglasses

If you haven't done so already, one of the easiest things you can do to make driving easier during bright conditions is to invest in a pair of polarized sunglasses; even better, try to make it a habit to keep a spare pair or two in your car. While sunglasses won't completely solve your glare problem, polarized lenses have a special filter in the lens that can help block out a great deal of the glare on the road. While ordinary sunglasses may make driving more comfortable, they are unfortunately not near as effective for combatting glare than polarized lenses. Polarized lenses also provide protection against UVA and UVB rays, which can help further reduce strain on your eyes, making it easier to see the road and maintain full awareness of road conditions.

Keep Your Windshield Clean

If you know that your commute is going to involve driving into bright sunlight, it is also important to keep your windshield clean and free of any dirt, debris, or streaking. Road glare is already a substantial hazard with even crystal-clear windshields; the glare of the sun, however, greatly exacerbates the blinding effect of a dirty windshield, turning even minor blemishes into dangerous visual hotspots. Consider taking a moment each morning to clean your windshield and make sure that it is easy to see out of; this will increase your visibility on the road and help prevent the blinding effects of road glare (and as an added bonus, make your vehicle look a bit nicer).

Give Yourself Plenty of Room

While it is always a good idea to leave a safe following distance between yourself and the car in front of you, it is particularly important that you give yourself plenty of room in front of your car when glare is making it difficult to see the road ahead. Giving yourself extra room will make sure that you have time to react should the car in front of you suddenly stop, or should the glare cause an accident for another driver up ahead. Driving slower and more cautiously than you normally would is advisable when road conditions are hazardous, and road glare should certainly be considered a hazard.

Consider Using Your Headlights

At first it may seem odd to turn your headlights on when the sun is out; however, turning your headlights on when there is road glare is more about protecting yourself than increasing your visibility. The washout effect of bright sunlight can make it difficult to identify oncoming vehicles, making it a good idea to use headlights as a courtesy to other drivers. By turning on your headlights, you will be doing everything possible to make yourself visible to other drivers on the road, helping to ensure that they can see you even if their visibility is reduced.

Find a New Route (or Alter Your Schedule)

Not only can road glare make it difficult and dangerous to drive, but having the sun in your eyes for extended periods can also be extremely irritating. Consider altering your commute to see if you can find a route with reduced road glare. For instance, routes that are surrounded by tall trees or large buildings may be shaded and have reduced glare compared to your current route. If you find that road glare is becoming particularly bothersome for you, you may also want to consider adjusting your schedule if possible so that you can avoid the worst of the sun's glare. While a slightly longer route may at first seem like a time-waster, the added ease of driving without the need to remediate harsh glare may very well shorten your overall commute.

Don't Drive if You Feel Uncomfortable

Finally, it is also important not to be afraid to pull over if the road glare gets particularly bad. If the glare from the sun is impairing your visibility so severely that you cannot see the road at all, carefully pull over when it is safe to do so and wait for visibility to improve. There is never a reason to put yourself or others at risk by driving with reduced or impaired visibility, even if it means being a few minutes late to your destination.

Following these precautions can help you to be prepared the next time you encounter road glare. If you've been injured in an accident because of another's driver's inability to cope with road glare, contact the Dolman Law Group at (727) 451-6900 or write us online.

Dolman Law Group

800 North Belcher Road

Clearwater, FL 33765

(727)451-6900

https://www.dolmanlaw.com/legal-services/auto-accidents-attorneys/

Proving a Truck Driver was Fatigued when They Crashed

2018-06-29T12:15:00.000-07:00

Driver fatigue is a leading cause of commercial truck accidents. According to a survey conducted by the Federal Motor Carrier Safety Administration (FMCSA), fatigue played a role in about 11% of all crashes. For an industry that is so closely regulated as commercial trucking, any accident caused by fatigue is one too many. Drivers who willingly get behind the wheel of a big rig when they are tired are taking other people’s lives in their hands, and they often do so with encouragement from their employer.

However, injured victims sometimes have problems proving that the fatigue was a cause of their accident. To obtain compensation, you need to show that the driver breached their duty of care, which you can do if you have proof they were too tired to drive.

Observing the Driver at the Scene

After an accident, you might be so injured that all you can do is wait for emergency services to arrive to take you to the hospital. However, if you are able to exit your vehicle, you should talk to the truck driver. If he or she is fatigued, then the signs should be apparent. Look for bloodshot eyes, bags under the eyes, and excessive yawning. The driver also might admit to being tired, which is a statement you can use later to prove he was fatigued.

Analyze the Log Book

Every driver must keep a log of hours spent driving their trucks. Of course, many drivers do not accurately record the number of hours they spent driving. In fact, some trucking companies have been caught instructing their employees to keep two log books—one for the company and the second, falsified copy for federal regulators. Nevertheless, looking at the log book is a start to building a case.

Federal regulations (called “hours of service” regulations) set the maximum amount of driving in a day and in a week. For a trucker hauling commercial goods (and not people), the rules are as follows:

Cannot drive more than 11 hours in a day after 10 consecutive hours off
Cannot work more than 14 hours in a day following 10 consecutive hours off
Cannot drive more than 8 straight hours without a half-hour break
Cannot drive more than 60/70 hours in a consecutive period of 7/8 days after 34 consecutive hours off

If a driver is behind the wheel for more than these limits, there is a good chance he or she was tired when they drove. As part of a lawsuit, your lawyer might request a copy of the driver’s log book and scrutinize it to see if there are any false entries.

Check the Electronic Logging Device (ELD)

At the end of 2015, the FMCSA passed a rule requiring buses and commercial trucks to use electronic logging devices in their vehicles. Companies were given up to four years to install the devices, so some vehicles might not have them yet.

If the truck that hit you did have this device, then you can use it to find out the following information:

The amount of time the engine was running
The number of miles the truck traveled
The truck’s speed
The date and time
The location of the vehicle

The ELD will replace paper logs, which should dramatically increase the reliability of information. It will be extremely difficult for a trucker to falsify the information in an ELD, so your lawyer will not need to worry about spotting falsified entries in a paper log book. By pulling data from the ELD, you can find out whether the driver exceeded the hours of service requirements and by how much.

Asking the Truck Driver Questions

In a lawsuit, there is a fact-finding period called “discovery,” during which you can ask the driver questions, in writing and in person. When you propound questions in writing, they are interrogatories, and the driver must answer them under oath. For example, you can ask a driver how many hours they had driven the day they struck you.

Your lawyer can also ask questions orally in a deposition, which the driver must also answer under oath. Deposition questions also allow for quick follow up, so a lawyer can try to catch a witness in an inconsistency.

Admittedly, few drivers will outright admit they were tired (though some might). Instead, a lawyer can draw out a range of facts that show how tired the driver was. Consider the following:

How much sleep did you get the night before?
Were you taking amphetamines or another stimulant to stay awake?
Have you ever taken amphetamines before to stay awake?

These types of questions can draw out circumstantial evidence that the driver was fatigued when they struck you. For example, a truck driver who abuses stimulants probably is aware that they have a problem staying awake. If the police found stimulants in the truck on the day you were struck, then this is some evidence the driver was struggling not to fall asleep the day of your accident.

Contact a Clearwater Truck Accident Lawyer for a Free Consultation

Truck accidents can cause devastating injuries—often much more severe than the injuries caused by passenger vehicles. Victims are left with large medical bills and frequently cannot return to their jobs. As a result, victims and their families live under constant stress, which reduces their quality of life and can sometimes tear families apart.

Fortunately, help is available. If the truck driver was responsible for the collision, then you can hold him and his employer legally accountable for your injuries. By bringing a lawsuit for negligence, you can receive financial compensation for your economic and non-economic losses, which will take a huge load off of your shoulders.

At Dolman Law Group, our lawyers have handled dozens of truck accidents and understand how to construct a case from the ground up. We are ready to fight to obtain full compensation for your injuries, and all you need to do is reach out. Our firm offers a free consultation and case evaluation to potential clients. Call 727-451-6900 or fill out our contact form.

Dolman Law Group

800 North Belcher Road

Clearwater, FL 33765

(727)451-6900

https://www.dolmanlaw.com/legal-services/truck-accident-attorneys/

Is there Any Hope of Compensation after a Hit and Run?

2018-06-27T10:22:00.000-07:00

Leaving the scene of an accident is a crime, but that does not stop many people from doing just that. If you have been the victim of a hit and run, you might fear that you have no options. After all, how do you go about getting compensation for your injuries and car damage if you cannot find the other driver? Nevertheless, you do have some options for receiving compensation for medical care and lost wages.

Tap Your Personal Injury Protection (PIP) Benefits

Because Florida is a no-fault state, it really does not matter if the person who hit you takes off after the crash. All drivers must carry insurance coverage with PIP benefits, and you can contact your insurer after the hit and run. PIP benefit policies vary, but all people who register a vehicle must carry at least $10,000 in benefits, which can cover some medical expenses and a portion of your lost wages.

If you do not own a vehicle, you might still be covered by someone else’s PIP policy. For example, you might be covered if:

Your spouse has an insurance policy with PIP benefits.
You live with another blood relative and they have a policy with PIP benefits. Another relative could include a sibling, child, nephew, niece, aunt, uncle, or parent.
If you were the passenger in a vehicle, you might be covered by the driver’s PIP insurance.

Unfortunately, PIP benefits are unlikely to fully cover personal injuries given the sky-high costs of medical care. Beneficiaries have only 80% of their medical bills and 60% of their lost wages covered up to the policy limit.

Furthermore, you will only receive up to $10,000 in benefits if you have an emergency medical condition (EMC) as defined by Florida law. To qualify, your injury must be the type that requires immediate medical treatment and that would seriously jeopardize your health if left untreated. If you do not have an EMC, then you qualify for a maximum of $2,500 in benefits, which is a pittance.

Make sure to seek medical treatment within 14 days of the accident, otherwise, you will forfeit the ability to draw any PIP benefits no matter how injured you are.

Use Your Uninsured/Underinsured Motorist Coverage (UM)

UM coverage is great insurance to have. If you are hit and the other driver does not have insurance—or if you cannot find the other driver—you can rely on your UM coverage. Contact your insurer and make a claim soon after the accident. Depending on your coverage, your policy might cover bodily injury property damage, or both.

Unfortunately, UM coverage is optional, and many drivers do not have it. Go through your paperwork and see if you picked it up. It comes in handy precisely at moments like these.

Rely on Health Insurance for Medical Bills

If you suffered a bodily injury, you might be able to use your health insurance to pay for medical overage. Check the policy. Some of them might exclude injuries as a result of a car accident, so double check the statement of coverage.

Of course, it is usually not ideal to use your health coverage. You will be responsible for deductibles, copays, and other out-of-pocket expenses. Nevertheless, it can make healthcare affordable especially if you have substantial bodily injuries as a result of the crash.

Apply to the Crimes Compensation Trust Fund

The Florida Bureau of Victim Compensation administers a trust fund for victims of crime. The trust fund is financed by fines that criminals pay after their convictions. Victims of hit-and-run accidents can qualify for financial compensation to cover the following:

Wage loss
Disability benefits
Loss of support (if a person you relied on financially has died)
Medical and dental bills
Mental health counseling
Funeral and burial expenses
Property loss (if you are disabled or elderly)

However, before you can receive benefits you must meet certain requirements to qualify for compensation:

You must file a formal complaint within 72 hours of the hit and run. Do not delay.
You must make a claim within one year of the collision. In some situations, you can get this deadline extended to two years.
You cannot have contributed to the events in any way or have been engaged in a crime when injured in the collision.

You can download the application from the Florida Attorney General’s website. There are also other supporting forms you might need to fill out to provide more information about lost wages or physical injuries/disability. The trust fund is perpetually underfunded, with regular news stories about how it is on the verge of going bankrupt. But as long as the fund exists, you should submit a claim if you cannot locate the driver who hit you.

Track Down the Perpetrator

If you report the hit-and-run to the police, they can investigate for you. However, with crime rates as high as they are, it is unlikely that a hit-and-run will be much of a police priority unless someone died. If you suffered some broken bones and a concussion, you might be in a lot of pain, but the police might not make your case a priority.

You can also hire a private investigator to try and track down the perpetrator. Many businesses have surveillance cameras recording their parking lots and adjacent streets. The camera might have picked up the collision. Or you can also ask witnesses if they saw who struck your car. In this way, you might be able to track down the person who harmed you and then make a claim on their insurance or sue them.

Speak to a Clearwater Car Accident Lawyer

Hit-and-run accidents are an outrage which unfortunately cause millions of dollars of damage each year. If you have fallen victim, realize that help is available. At Dolman Law Group, we have helped countless drivers seek compensation from insurance companies and the state’s Crimes Compensation Trust Fund. We do not collect any payment until and unless we obtain compensation on your behalf, so you risk nothing by contacting us today to schedule your free consultation. Please call 727-451-6900 or submit this contact form.

Dolman Law Group

800 North Belcher Road

Clearwater, FL 33765

(727)451-6900

https://www.dolmanlaw.com/legal-services/auto-accidents-attorneys/