NOYES LEGAL NEWS

Celebrate Safely and Avoid Car Accidents This Graduation Season

2013-05-21T09:17:51-04:00

It's that time of year--high school graduations. (Special congrats to my nephew, Joshua Noyes, graduating from Clearwater Central Catholic High School!! Also, congrats to his sisters [my nieces], Taylor and Jordan, graduating from St. Cecelia School). With this special time comes special dangers of car accidents for high schoolers and those on the road with high school drivers.

Not all graduation celebrations are associated with a higher chance for high schoolers to indulge in the consumption of alcoholic beverages. However, most celebrations can bring other distractions to graduating seniors as they drive -- friends in the car, text-messaging, thinking about graduation, etc. It is these distractions that could result in car accidents.

We cannot ignore the risk of alcohol at graduation parties. Alcohol is used more commonly by young people than any other drug. According to U.S. Department of Health and Human Services, National Institute on Alcohol Abuse and Alcoholism, "Approximately one in four children younger than 18 years old in the United States are exposed to alcohol". Further, current alcohol use among high school students is greater than 40 percent with 26 percent of students reporting episodic heavy or binge drinking. As a result, the risks of a car accident involving a car full of graduating seniors are significantly increased related to alcohol use. Sadly, we read about at least one of these car accidents each year.

Here are some tips for seniors who plan on attending a graduation party:

Share all of your plans for the evening with your parents, giving them locations and phone numbers.
Stay with a group of friends throughout the night. Watch out for each other.
Make sure your cell phone is fully charged before leaving home for the night.
If you don't have a cell phone, take extra money with you in case you need to call for a cab or if an emergency arises.
Don't leave possessions or any of your beverages/food unattended.
Always wear your seatbelt.
DON'T drink or use drugs and drive or get in a vehicle with someone else who has.

But, we cannot just focus on the dangers of alcohol at graduation parties. Sadly, many graduating seniors die or get hurt in Florida car accidents without consuming an ounce of alcohol. Distractions while driving can result in serious automobile accidents. The biggest distraction is the text message or cell phone. If there is only one day for senior not to use their cell phones while driving, it should be graduation day. Also, friends in the car can distract the driver. Studies have shown that the risk of a teenager being involved in a car crash doubles when there are friends in the car. Loud music, conversations, Tom Foolery can all cause the driver to cause a collision. If you are a passenger in a car, do not distract the driver--it is that simple!

Congrats to all high school grads (especially Josh)!! Be safe so you too can enjoy your 30-year high school graduation like me this year!

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Personal Injury Attorney Matthew Noyes represents those injured in car accidents, motorcycle crashes, bicycle accidents, pedestrian accidents and other types of personal injury matters. His Clearwater law firm – Perenich Caulfield Avril Noyes – is one of the oldest personal injury law firms in Pinellas County. Call Attorney Matthew Noyes now at 727-796-8282 or simply click here to schedule a free case consultation.

Prom and A Car Accident - A Good Story

2013-05-16T08:57:55-04:00

With high school prom and graduation going on, there will likely be many stories of high schoolers causing car accident because of distractions. This story is different.

Recently, 20 Florida teenagers from Western High School in Davie, Florida enjoying a limo ride to their prom put their special night aside to help. Their luxurious ride in their Cadillac Escalade limo came to a screeching stop, literally, as the van in front of their limo lost control and flipped on its side causing a one-car accident.

In their tuxedos and prom dresses, the kids jumped out of their limo and helped pull five adults and two children from the vehicle. According to reports on NBCNews.com, prom-goer Peter Kim told NBC Miami that he grabbed a young boy from the overturned van and helped calm the mother. “We laid her down, and we tried to calm her down. She was just panicking, she was in shock,” Kim said. “She was screaming out, ‘Where’s my baby? Where’s my baby?’”

After coming to the rescue, the students still made it to prom. Now, that's a night to remember!

The investigator officers were impressed with the students' willingness to help. “It was really amazing, because nowadays when people are so willing not to get involved they were ready to get involved,” Sgt. Wysocky said. “All the students and the limo driver should be commended for stopping.”

Great job to these students! This serves as a reminder that there is still good in the world!

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Added Risk for Car Accidents on U.S. 19

2013-05-09T09:31:42-04:00

With all of the construction on U.S. 19 in Pinellas County, car accidents are going to happen. Drivers unfamiliar with the traffic patterns and construction delay often cause rear-end collisions. Another change in a very popular spot on U.S. Highway 19 may bring more unfamiliar drivers.

The intersection of U.S. 19 and Enterprise Road will never look the same. The traffic signal has been removed and a concrete barrier is now in the median of U.S. 19. Now, no one can turn left from Enterprise Road onto U.S. 19. Instead, drivers must now turn right onto U.S. 19 and make the U-turn at Countryside Blvd. to get to southbound U.S. 19. This presents new dangers for the intersections of U.S. Highway 19 and Enterprise because slower cars will be pulling out onto U.S. 19. In addition, the frontage road and Countryside Blvd will now be more dangerous as more cars will be using this intersection with the shoppers of Countryside Mall.

The old bumper sticker "Pray for Me, I Drive on U.S. 19" has renewed importance starting this week. Drive safely and watch out for those who don't!

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Two Things a Jury in a Car Accident Case Are Not Allowed to Know

2013-05-06T09:13:21-04:00

Preparing for an auto accident jury trial starting week reminds me of two important things that we are required to "hide" from the jury. Yes, that's true--there are things that may be important to the case, but the jury is not allowed to know the facts about them. Two of these things are (1) Who got the ticket for the car accident; and (2) that the insurance company is paying for the attorney and responsible for the payment of any verdict that a jury returns.

The jury is not allowed to know that the at-fault person received a ticket for their actions that caused the car accident. Under Florida Statute 360.650(9), "citations shall not be admissible evidence in any trial, except when used as evidence of falsification, forgery, uttering, fraud, or perjury, or when used as physical evidence resulting from a forensic examination of the citation." Thus, if a person was cited for careless driving or running a red light and injured someone else, the injured party is not permitted to let the jury know that the defendant was cited for the automobile accident. The legal rationale for this is the courts are afraid that juries will rely too much on the opinion of the police officer in determining liability (fault) for the accident as opposed to reaching their own conclusion. Also, the police officer's conclusion is most times based on out-of-court statements from other persons and not based on his or her personal knowledge. Nevertheless, personally, I feel that the fact that a traffic ticket was issued after an investigation should not be hidden from the jury.

Secondly, the existence of automobile accident insurance cannot be shared with the jury. At a jury trial following a car accident, the lawyer for the Defendant is paid by the insurance company, the experts used by the defendant are paid by the insurance company, and any verdict rendered will likely be paid by the insurance company. However, the jury is not allowed to know any of this. Under Florida Statute §627.4136, juries are not to know about the availability of insurance that will protect the negligent defendant. The thinking behind this is that courts are fearful that the jury's determination of damages will be influenced by the availability of insurance. However, if the jury does not know about insurance, the jury may be sympathetic to the person who caused the car crash, for fear that the financial loss might cause them harm even though the insurance will pay the full judgment. Recently, one of my car accident jury trial resulted in a hung jury because one juror refused to award anything against "the poor man" who caused the accident even though he never would have to pay a penny because of insurance.

So, if you ever serve on a car accident jury, remember there are things that the courts have decided you should not know when deciding the case. Also, remember most times, the Plaintiff does not want to take the case to a jury trial, but the insurance companies refuse to settle the case for a reasonable amount because insurance companies know that juries are not allowed to know these things and could render a small verdict because they are not provided all the facts.

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Is Voice-to-Text Better in Reducing Car Accidents?

2013-04-25T08:49:26-04:00

With texting while driving soon to become illegal in Florida, is handheld voice-to-text safer and lead to less car accidents? According to a recent a Texas A&M Transportation Institute study, the answer is NO.

The study examined 43 research participants driving an actual vehicle on a closed course. While other research efforts have evaluated manual versus voice-activated tasks using devices installed in a vehicle such as through Bluetooth, the recent study is the first to compare voice-to-text and manual texting on a handheld device in an actual driving environment.

During the study, drivers first navigated the course without any use of cell phones. Each driver then traveled the course three more times performing a series of texting exercises – once using each of two voice-to-text applications (Siri® for the iPhone and Vlingo® for Android), and once texting manually. Researchers then measured the time it took each driver to complete the tasks, and also noted how long it took for the drivers to respond to a light which came on at random intervals during the exercises. The study showed the following:

Automobile accidents are more likely to happen no matter which texting method was used because of significantly delayed driver response times. In each case, drivers took about twice as long to react as they did when they weren’t texting.

Distracted driving car accident would still occur because the amount of time that drivers spent looking at the roadway ahead was significantly less when using either texting methods.

For most tasks, manual texting required slightly less time than the voice-to-text method, but driver performance was roughly the same with both.

One concerning result is the false sense of safety when using voice-to-text. According to the study, drivers felt safer when using a voice-to-text application than when texting manually, even though driving performance suffered equally with both methods.

So, no matter what people tell you, voice-to-text is no safer than manual text-messaging and should not be done while driving. No message is so important that it cannot wait until the next traffic light. If it is, pull over and complete the message. It could prevent a car accident and could save a person's life.

Drive safely and watch out for those who don't!

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Drivers Like This Guy Require You to Have Uninsured Motorst Coverage

2013-04-17T08:52:04-04:00

Even if you drive safely, car accidents and injuries from car accidents are sometimes caused by people who shouldn't be on the road (and likely to have no insurance). According to ABC Action News, an unlicensed driver was arrested this morning after nearly crashing into a building, hitting a taxi cab and hitting an innocent bystander in South St. Petersburg. The crash happened at the corner of 22nd Street S and 13th Ave S at 1:30 a.m. The driver failed to make a clean turn onto 13th St S. and just avoided slamming into a building. However, he managed to hit a taxi cab and then hit a person nearby. The bystander was hurt and taken to the hospital. The driver was arrested for not having a driver’s license.

It is because of drivers like this that uninsured motorist coverage is so important! Check your car insurance policy now to make sure you have it. If you don't have it and you or your family members are injured because of the negligence of someone with no insurance, you and your family have little recourse to pay all your medical bills, reimburse for lost wages, and compensate you for your pain and suffering and impact on your life that car accident injuries could have. Your uninsured motorist coverage protects you by standing in the shoes of the uninsured driver. Upon payment of uninsured motorist benefits, your insurance company has the right to sue the at-fault drivers for monies they paid to you because of the driver's negligence.

There are too many drivers like this one on the road. Protect yourself and your family by putting uninsured motorist coverage on your car insurance policy.

Drive safely and watch out for those who don't.

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Paying Taxes on Car Accident Settlements, Work Comp and/or Social Security Disability Benefits

2013-04-15T09:14:19-04:00

Tax Day is here again. Throughout the year, I am asked if the settlement from a car accident needs to be reported as income on taxes. Also, I am asked if the workers' compensations benefits and Social Security Disability benefits are taxable. My standard answer is that I am a personal injury attorney and not a tax attorney and they should consult with a tax attorney for solid advice in that regard. I still say that, but let's examine what the IRS says about an automobile accident settlement (or other personal injury matter), a workers' compensation claim and a Social Security Disability Claim.

The IRS' position of taxes on personal injury settlements is if a person receives proceeds from settlement of a lawsuit (or claim), whether you must include the settlement proceeds in your income depends on all the facts and circumstances in your case. If a person receives a settlement for personal physical injuries or physical sickness and did not take an itemized deduction for medical expenses related to the injury or sickness in prior years, the full amount is non-taxable and does not have to be included on income taxes. However, if a person receives a settlement for personal physical injuries or physical sickness, you must include in income that portion of the settlement that is for medical expenses you deducted in any prior year(s) to the extent the deduction(s) provided a tax benefit. Further, the proceeds you receive for emotional distress or mental anguish originating from a personal physical injury or physical sickness is generally not taxable. However, if the emotional distress or mental anguish proceeds do not originate from a personal physical injury or physical sickness, you must include them in your income. However, the amount you must include is reduced by: (1) amounts paid for medical expenses attributable to emotional distress or mental anguish not previously deducted and (2) previously deducted medical expenses for such distress and anguish that did not provide a tax benefit. Attach to your return a statement showing the entire settlement amount less related medical costs not previously deducted and medical costs deducted for which there was no tax benefit. (Now, you know why I tell my clients to consult with a tax attorney!) As for lost wages, if you receive a settlement in an employment-related lawsuit; for example, for unlawful discrimination or involuntary termination, the portion of the proceeds that is for lost wages (i.e., severance pay, back pay, front pay) is taxable wages and subject to the social security wage base and social security and Medicare tax rates in effect in the year paid. These proceeds are subject to employment tax withholding by the payor and should be reported by you as ‘Wages, salaries, tips, etc.” on line 7 of Form 1040.

As for the IRS' position on workers' compensation benefits, the IRS directs that amounts you receive as workers' compensation for an occupational sickness or injury are fully exempt from tax if they are paid under a workers' compensation act or a statute in the nature of a workers' compensation act. The exemption also applies to your survivors. However, if part of your workers' compensation reduces your social security received, that part is considered social security benefits and may be taxable. Again, this is why it is important to talk with a tax attorney if you receive Permanent Total Disability workers compensation benefits or other work comp benefits which may reduce your social security benefits.

Lastly, we turn to the IRS' directions as to taxes on SSD benefits. As for Social Security Disability benefits, some people who get Social Security have to pay taxes on their benefits. According to the IRS, about one-third of current beneficiaries pay taxes on their benefits. The amount of social security benefits that must be included on your income tax return and used to calculate your income tax liability depends on the total amount of your income and benefits for the taxable year. To find out whether any of your benefits may be taxable, compare the base amount for your filing status with the total of One-half of your benefits and all of your other income, including tax-exempt interest. If this sum exceeds the base about for your filing status, some of your Social Security Disability benefits may be subject to income taxes. If you are married and file a joint return, you and your spouse must combine your incomes and social security benefits when figuring the taxable portion of your benefits. Even if your spouse did not receive any benefits, you must add your spouse's income to yours when figuring if any of your benefits are taxable, if you file a joint return.

So, as you can see, whether or not you have to pay taxes on a car accident settlement, workers' compensation claim or on Social Security Disability benefits is not always easy to answer. It is important that you consult with a tax attorney on the impact of any benefits/settlement received. However, before taxes can be considered, there has to be a settlement or a success work comp or SSD claim. To help in that regard, contact Attorney Matthew Noyes to battle for your benefits. Personal Injury Attorney Matthew Noyes represents those injured in car accidents, motorcycle crashes, bicycle accidents, pedestrian accidents and other types of personal injury matters. He also assists clients in Florida workers compensation claims and represents client in front of the Social Security Administration for SSD benefits. His Clearwater law firm – Perenich Caulfield Avril Noyes – is one of the oldest personal injury law firms in Pinellas County. Call Attorney Matthew Noyes now at 727-796-8282 or simply click here to schedule a free case consultation.

Does He Have Any Clue What Really Happens?

2013-04-11T09:21:07-04:00

TIME Magazine's political columnist, Joe Klein recently wrote what I consider an offensive article - Reform Social Security Disability - about those who fight for and deserve Social Security Disability benefits.

In his article, Klein claims that a "great many" are scamming social security disability for benefits they don't deserve. Sure, he tries to cushion his remarks by saying that there are some workers that deserve SSDI, but to call many "scammers" is wrong. Mr. Klein has never met my client who worked all his life, contributing to his Social Security each paycheck, only to find that he has an illness that prevents him from working. Mr. Klein never talked with the family of my client who sees their mother suffer from debilitating back pain after years of physical labor supporting her family. He doesn't talk about the fact that these people and these families must suffer without any wages for a year or more before they are even considered to be entitled to Social Security Disability benefits. He doesn't talk about those people that are forced to have their family live in their car because the patriarch or matriarch can no longer support their family. He never mentioned about the mental toll a disability and inability to support themselves and their family on their self-worth. Klein mentioned nothing about the fact that the people who receive Social Security Disability must first contribute to Social Security for years before they are entitled to SSD benefits.

Klein claims "All too often, the scammers find support on the left from people who believe that free enterprise is inherently unfair and the “victims,” even the unworthy poor, deserve any help they can get. That sort of thinking is insidious and morally deficient." I don't consider myself "on the left" and I certainly do not believe that free enterprise is unfair. I also am not that naive to believe that there are SOME people who abuse the Social Security Disability program. However, I do think that before people like Klein start spitting out opinions like this, they should consider the vast majority of individuals and families that suffer for years after a disability simply to obtain Social Security Disability benefits they worked for.

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If you or a friend or family member has questions about your rights to Social Security Disability benefits, don't be bullied into thinking that people should not apply for Social Security Disability benefits. Attorney Noyes' Clearwater law firm -- Perenich, Caulfield, Avril & Noyes -- has been caring for clients since 1955. Call Social Security Disability Attorney Matthew Noyes at 727-796-8282 or simply click here for a free case consultation. We will let you know if your years of hard work combined with your physical and/or mental disability may give you the right to the SSD benefits you contributed to.

Is Text Messaging While Driving Illegal in Florida?

2013-04-09T09:02:37-04:00

Not yet, but maybe soon! Texting while driving may soon become illegal, but will its ban reduce car accidents?

Senate Bill 52 passed the Florida Senate Judiciary Committee with an 8-0 vote on Monday after amendment making it identical to the House measure (HB 13). The vote represented the last committee stop for the Senate bill. Now, the legislative leaders need to schedule the measure for a final floor vote. The House bill having already cleared all its committees.

If it becomes law, text messaging while driving will become a "secondary" offense, meaning motorists would have to be pulled over for another reason before they could be charged. First-time violators would face a $30 fine plus court costs. "It's about time on this one," said Sen. Darren Soto, D-Orlando. "It's pretty clear that this will save lives."

The question is will this extra layer of government involvement save lives. In a recent blog, Conversable Economist, Timothy Taylor discusses a paper published in the April 2013 American Economic Journal: Applied Economics which concludes as follows:

"Our evidence suggests fatal accidents are reduced by bans if they are enforced as a primary offense and cover all drivers. Alternatively, accidents less likely to be related to text messaging, particularly multiple vehicle or multiple occupant accidents, are not reduced significantly. The strong impact of texting bans on single-vehicle, single-occupant crashes is short-lived. While the effects are strong for the month immediately following ban imposition, accident levels appear to return toward normal levels in about three months. This suggests that a texting ban immediately saves lives, but the positive effect cannot be sustained. The declining impact of traffic safety policies over time is not uncommon and has been observed in other regulations. Given the large impact of texting bans in the initial months following enactment, however, the evidence of the paper suggests greater enforcement of these laws likely can save more lives."

Whether it is the law or not, text messaging while driving puts you and all the others on the road in danger. Personally, I feel a weak law won't change people's bad habits so drive safely and watch out for those who don't.

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How Am I Going to Tie Tampa Bay Rays Opening Day to Personal Injury Law?

2013-04-02T09:41:04-04:00

Today is Opening Day for the Tampa Bay Rays. A new beginning of a long season with uncertain results. Sure, we are hopeful that we will be successful, but so many things can happen during the season, it is nearly impossible to predict what will happen.

Filing a lawsuit in a personal injury case is much like today. The filing of the Complaint is like the first pitch. It is the beginning of a long litigation season. When we file a lawsuit after a car accident or slip and fall, we are confident that we can beat the opponent and hopeful of a success, but the discovery process can bring unexpected curve balls making it impossible to predict what will happen in front of a jury.

The baseball season is several months of over 100 baseball games. The litigation progress can be several years with several depositions, Request to Produce, motions, mediations, hearings, and eventually a jury trial. During the baseball season, star players sometime hide their weaknesses and injuries until they are revealed at the plate or on the field. During the litigation season, clients sometime hide important information such as prior accidents or complaints which are revealed in the deposition or mediation. Clients can learn one thing from the star players--weaknesses are always uncovered so be honest in the litigation!

Players and fans can get frustrated about the long, sometimes slow-moving baseball season. Clients do the same thing about the litigation process. However, every game in baseball is important and play is often methodical. This is the same thing in litigation. Every pleading filed, any question asked, every answer given, every document produced -- are important and presenting it correctly must be done methodically.

So, although I was never on the Rays (or the Cubs), I feel that I play baseball every day in my law practice. Now, the insurance company's attorney can understand why I say "Play Ball" when a lawsuit has to be filed because they refuse to evaluate a claim appropriately.

Come October, I hope to be writing about how the Tampa Bay Rays being in the World Series is similar to us taking our case to a jury trial. Go Rays!

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Guardrail Impales Car After One-Car Accident Caused by Drowsy Driving

2013-03-26T09:08:46-04:00

This driver is lucky to be alive after this single-car car accident resulted in a guardrail impaling his vehicle from front to rear.

According to reports, the driver admitted that he may have nodded off at the wheel. "He said he had been working long hours and just fell asleep as he was traveling home," said the Florida Highway Patrol. "He traveled off the roadway into the guardrail. The guardrail penetrated the vehicle from the front grill to the rear windshield."

Unfortunately, people underestimate the dangers of drowsy driving -- both to themselves and all others on the road. Accordingly to the AAA Foundation for Traffic Safety, drowsy driving is a factor in nearly one in six fatal car crashes. Driving while being overly tired can impair important functions behind the wheel like response time, awareness and judgment.

Many people think they can force themselves to stay awake, but science shows us that isn’t always the case, and dozing off behind the wheel, even for a few seconds, is plenty of time to drive off of the road or over a centerline. Just ask the guy driving this Scion.

Here are some tips from AAA on how to avoid drowsy driving:

• Travel at times when you are normally awake or stay overnight rather than driving;
• Schedule a break every two hours or every 100 miles;
• Do not plan to work all day and then drive all night;
• Drink a caffeinated beverage;
• Avoid driving during sleepy times of day; and
• Travel with an awake passenger

Taking these steps can save your life as well as mine as others on the road with you. Be responsible and don't drive while drowsy. All others, watch out for those who do.

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Red Light Camera Captures Cause of Bus vs. Car Accident

2013-03-22T08:35:51-04:00

Wednesday morning car accident involving a car and a bus was captured on a red light camera. The Clearwater Patch reports that police have video evidence from one of the red light cameras at that intersection indicating an MCI bus driven by David Watkins, of Minnesota, ran a red light before entering the intersection and colliding with the Buick as it made a left turn. In the Buick was Virginia Frazier, 74, of Clearwater, who is listed in critical condition at Bayfront Medical Center and passenger, Eduardo Arana, 48, of Clearwater, who was also taken to the hospital with life threatening injuries, police say.

According to the report, the bus was in the center lane headed northbound on 34th St. S. approaching the intersection at 22nd Ave S. when Frazier was driving southbound on 34th St. S. in the left turn lane, preparing to turn left onto 22nd Ave S. when the accident happened around 8:30 a.m. Police say the bus was carrying the baseball team and coaches from the Rochester Community and Technical College (RCTC) from Rochester, Minnesota.

Prayers and thoughts of speedy recovery go out to Ms. Frazier and Mr. Arana. I am sure that they never thought they would be in such a serious car crash that rainy morning.

Drive safely and watch out for those who don't.

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Injury Attorney Matthew Noyes represents those injured in car accidents, motorcycle crashes, bicycle accidents, pedestrian accidents and other types of personal injury matters. His Clearwater law firm – Perenich Caulfield Avril Noyes – is one of the oldest personal injury law firms in Pinellas County. Call Attorney Matthew Noyes now at 727-796-8282 or simply click here to schedule a free case consultation.

New Social Security Disability Policy Interpretation Ruling on Drug Addiction and Alcoholism

2013-03-21T09:54:48-04:00

Social Security Disability (SSD) benefits have been difficult to obtain if the Claimant was battling a drug or alcohol addiction. As of March 22, 2013, Social Security Disability judges have a clarified "drug addiction and alcohol" (DAA) Social Security ruling to follow.

The new Social Security Ruling (SSR) states that the key factor judges should examine in determining whether drug addiction or alcoholism is a contributing factor material to the determination of disability is whether Social Security Disability judges would still find a claimant disabled if he or she stopped using drugs or alcohol. The drug addiction or alcoholism is material to the determination of disability if the claimant would not meet the definition of disability if he or she were not using drugs or alcohol. In those circumstances, Social Security Disability benefits would be denied. However, the DAA is not material if the claimant would still meet the definition of disability if he or she were not using drugs or alcohol. In those circumstances, the claimant would be entitled to Social Security Disability benefits.

The rules remains that if drug addiction and alcoholism is the only impairment, the claimant is not entitled to Social Security Disability. It is only when the claimant has other impairments that will not improve to the point of nondisability in the absence of drug addiction or alcoholism that the claimant would be entitled to Social Security Disability (SSD) benefits.

If you know someone who is battling Social Security while at the same time battling the demons of drug addiction or alcoholism, it is important that he or she talk with an attorney who understands the clarified requirements needed to obtain Social Security Disability benefits.

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Attorneys Matthew Noyes and Lorrie Robinson help individuals get the Social Security Disability benefits that they paid for and are entitled to. Perenich, Caulfield, Avril & Noyes, P.A. has been caring for clients since 1955. If you need answers to your Social Security Disability questions, call Attorneys Matthew Noyes and Lorrie Robinson today at 727-724-7853 or simply click here to schedule a free case consultation.

First Day of Spring's Rain Brings Car Accidents

2013-03-20T09:07:28-04:00

Car accidents and rain. Not a surprising combination.

A number of automobile accidents have already occurred today because of rain-slickened roads, according to the Tampa Bay Times.

St. Petersburg police and fire rescue responded to a car crash with injuries involving a car and a bus carrying a baseball team on 22nd Avenue S and U.S. 19. As a result of this car accident, two people were taken to the hospital. It was unknown Wednesday morning what baseball team was inside the bus, which had a Minnesota license plate.

Also, just before 7 a.m., Pinellas County Sheriff's Office deputies responded to a crash involving injuries at Curlew and Fisher roads. At least three vehicles were involved. The extent of the injuries was not known.

Another serious crash was also reported at Haines Bbyshore road in Pinellas, where a Clearwater Central High School student rolled into a ditch.

The rain also caused major delays at the Howard Frankland Bridge and the area near Interstate 275 and Ashley Drive near downtown Tampa. These delays have a tendency to cause more car accidents as brakes are suddenly applied and people are hurried to work.

The rain is not ending yet as more is expected later today. So, drive safely and watch out for those who don't.

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FREE Way to Avoid a Car Accident or DUI This St. Patty's Day Weekend

2013-03-15T14:19:56-04:00

Not everyone will be lucky enough to avoid a car accident or a DUI on the St. Patrick's Day Weekend. However, there is something that you can do make sure you don't cause an automobile accident or get a DUI if you should drink too much green beer.

Budweiser and AAA have their Tow to Go program open this Friday, Saturday and Sunday. This program will provide a confidential local ride within a 10-mile radius to a safe location for both the vehicle and up to two people who may have celebrated too much. The service is FREE and available to both AAA members and non-members. If you even think that you or a buddy has had too much green beer, Irish Whisky or other alcohol, it would be silly not to use this free service.

Put this number in your cell phone now -- (855) 2-TOW-2-GO or (855) 286-9246. It could save your life.

Also, remember even if you are responsible, other drivers on the road may not be. Thus, it is important to drive safely and watch out for those who don't.

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Preventing Car Accidents This Spring Break

2013-03-13T09:07:17-04:00

Spring break in Florida – a lot of fun, but a lot of danger. Many car accidents and pedestrian accidents occur during Spring Break because of the drivers’ unfamiliarity of Florida’s road and concentration on other things besides safe driving. Unfortunately, many automobile accident injuries are also caused by drinking and driving while on Spring Break.

Florida law enforcement agencies have announced that they will be out enforcing the state’s drinking age laws and working to keep impaired drivers off the road.

The Florida Highway Patrol recently posted these tips to help everyone enjoy Spring Break safely:

The legal drinking age in Florida is 21. Anyone under the age of 21 in possession of alcohol can be cited for a second-degree misdemeanor, which could result in court costs, fines and other legal consequences.
Selling alcohol to anyone under 21 or buying alcohol for anyone under 21 is also a misdemeanor.
Possession of an open alcoholic beverage container in a vehicle - whether the vehicle is in motion or stopped – by the driver and/or passenger is a violation of Florida law.
A taxi or bus ride is much cheaper than a DUI. Plan ahead if you plan to drink alcohol.
Take the keys from an impaired friend.
Watch out for combining alcohol with medicines. It could have deadly consequences.
Watch the sun intake and alcohol consumption. Too much of both could result in impairment.
Dial *FHP (*347) on your cell phone to report an impaired driver.

Even we old guys and girls need to be alert about these Spring Break tips. Remember, Spring Breakers who cause car accidents don’t only crash into other spring breakers. You and I and our families are at risk for Spring Breakers who may celebrate too much.

Drive safely and watch out for those who don’t. It could make or break your Spring Break!

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Ban on Texting While Driving in Florida Unanimously Passes Committee

2013-03-07T08:55:07-05:00

A bill to prevent car accidents caused by texting while driving made progress during yesterday's Florida legislative session, but it has a long way to go. Despite studies that conclude a texting driver is 23 times more likely to crash than one not texting, a similar bill has died without being passed each of the last three years.

The Senate Communications committee on Wednesday voted 9-0 for the bill (SB 52) imposing a statewide ban on texting while driving but exempts police and other emergency vehicles. The law does not permit law enforcement to pull someone over simply for texting while driving. Instead, it is subject to secondary enforcement. That means police could cite drivers for it only if they had been pulled over for another violation such as speeding. An initial violation would lead to a $30 fine and — if texting resulted in a crash — the driver would be assessed six points. Points lead to increased insurance rates.

TBO.com reports that drivers who text do take their eyes off the road for almost 5 seconds, according to the Federal Motor Carrier Safety Administration, which regulates the trucking industry. At 55 mph, a driver can cross the equivalent of a football field while not looking.

Those against the bill feel that it allows the government to intrude further into our lives. Instead of creating a new law, they say, police should enforce careless driving and reckless driving laws already on the books.

Another question is does a texting ban really reduce car accidents? According to a 2010 study by the Highway Loss Data Institute, which looks at insurance claims, automobile accidents didn't go down in states that banned texting by drivers. In fact, it found that reported collisions went up slightly.

Stay tuned to this blog for any developments in this proposed law. In the meantime, drive safely and watch out for those who don't!

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Part of Florida Workers Compensation Law Found Unconstitutional

2013-03-04T15:50:50-05:00

Florida Workers' Compensation law is simply unfair to injured workers. Until last week, an undisputed injured worker would not be entitled to wage benefits despite being totally disabled because of a compensable work comp accident all because he had not reached maximum medical improvement yet. Florida's First District Court of Appeals finally determined that this was unconstitutional in the Westphal v. City of St. Petersburg case.

Westphal was a St. Petersburg firefighter and paramedic who severely injured his back and knee in a workers compensation matter which required spine surgery. While recovering from the compensable spine surgery, Mr. Westphal was no longer entitled to wage benefits because the law capped his temporary wage benefits at 104 weeks. So, although he was incapable of working or obtaining employment because of the workers compensation surgery but had not reached yet reached maximum medical improvement, Mr. Westphal wages ended even though he was not yet eligible for permanent total disability (PTD) benefits.

The Court concluded that this section of the Florida Workers Compensation law was unconstitutional because it limited injured workers to no more than 104 weeks of temporary disability benefits, despite the fact that the injured worker was at that time totally disabled, incapable of engaging in employment, and ineligible for any compensation under Florida' Workers Compensation law for an indeterminate period. As a result, the Court reinstated the TTD/TPD payment limits to 260 weeks until the Legislature again tries to change it.

After being injured in a work accident, it is important that you talk with an attorney who understands the complexities of the Florida Workers Compensation laws. For answers to legal questions after your Florida work comp claim, call Attorney Matthew Noyes at 727-796-8282 or simply click here to schedule a free case consultation.

Should Red Light Cameras Be Banned in Clearwater?

2013-03-01T08:51:16-05:00

Even with the argument that car accidents can be avoided by red-light cameras, Pinellas County Clerk of Court Ken Burke is asking that madness end. The Clearwater Patch reports that in a letter to six cities, Clerk Ken Burke asked cities to stop writing tickets for red light violations because there are flaws in the system and that the Clerk of the Court has to spend a significant amount of time dealing with the problems the system has.

What are some of the flaws? Mr. Burke feels a significant number of red light violations are issued erroneously to the owner of a vehicle, not the driver. Also, when the red light runner is in a rental car, the rental companies delay in forwarding it to the driver which results in almost double the fine.

"It is up to us in government to represent the interests of our citizens," Burke wrote. "When a statute which is discretionary to implement is so flawed, it should not be implemented."

Clearwater has three red light cameras intersections: (1) Eastbound Gulf to Bay at Belcher Road; (2) Westbound Gulf to Bay at Belcher Road; and (3) Eastbound Chestnut Street at Ft. Harrison Avenue. As for now, these red light cameras are still issuing tickets so be alert.

Whether there is a red light camera or not, people need to drive safely approaching intersections and going through them. As important, people need to watch out for others who drive less safely. A few extra seconds can prevent a lifetime of pain and restrictions and could save a life.

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Pinellas Park Woman Hit by Car in Critical Condition

2013-02-26T08:32:28-05:00

A Pinellas Park woman was critically injured after being hit by a car on Monday evening.

According to the Tampa Bay Times, Olda Maldonado, 56, of Pinellas Park, was walking across 49th Street in the 8400 block when she was struck by a 2013 Mazda CX5 at about 7:35 p.m. Ms. Maldonado was taken to Bayfront Medical Center with life-threatening injuries, Pinellas Park police said. Police said alcohol and speed are not believed to be factors.

This car accident should remind all of us of the importance of looking out for pedestrians as we drive Florida roads. As Spring approaches, there will likely be more and more pedestrians on our streets. It is crucial that all drivers look ahead for pedestrians and bicyclist and remain alert as to their actions.

Drive and walk safely and look out for those who don't.

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Personal Injury Attorney Matthew Noyes represents those injured in pedestrian accidents, car accidents, motorcycle crashes, bicycle accidents, and other types of personal injury matters. His Clearwater law firm – Perenich Caulfield Avril Noyes – is one of the oldest personal injury law firms in Pinellas County. Call Attorney Matthew Noyes now at 727-796-8282 or simply click here to schedule a free case consultation.