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Boating Accidents

Posted by admin on August 27th, 2010  |  No Comments

As the hot summer days draw thousands of boaters onto our many area waterways, the risk of being involved in a serious boating accident heats up, too. With pleasure craft, personal watercraft, large yachts and commercial vessels all flying over the surf, some at high rates of speed – you have the potential for a crash on area waters.

The Florida Fish & Wildlife Commission notes that Florida leads the nation in the number of annual boating accidents, and there were 620 in 2009. With just under 1 million boats registered in Florida for 2009, its not hard to imagine the variety of scenarios that can cause a severe, injury causing accident, or even cause a boating crash fatality.

One of the main causes of boating crashes boils down to a simple fact; the inattention and/or improper operational skills of the vessel’s driver. Boaters who have not had sufficient boating safety training, a boater who makes the choice to consume alcohol while operating a boat, and the reckless operation of the boat are noted as leading reasons for a crash.

Two or more boats can collide with each other, but boats that strike stationary objects cause a large percentage of injuries. Sadly, Southwest Florida has a large percentage of the state’s accidents. Within the ranking of the top ten counties for boating accidents in 2008, Collier County came in at 6th, and Lee County ranked as number 9.

In May 2010, three people suffered traumatic injuries in a tragic boating accident when a boat traveling at a high rate of speed hit the seawall near the end of Coral Point Drive, in Cape Coral. The accident happened at around 7:30 in the evening, and the Fish & Wildlife Commission’s initial investigators considered alcohol to be involved in the crash, but tests had not yet been returned.

The Florida FWC also reports these statistics for 2009:

• In 2009, boaters falling overboard was the main cause of boating fatalities.

This trend, although preventable, continues to grow.

• 70% of the Operators involved in reportable boating accidents had no formal boater education.

• 52% of the fatal crashes involved vessels less than 18 feet in length.

• Monroe County, home of the Florida Keys, reported the highest number of accidents and injuries with 77 total accidents, with 3 fatalities and 52 injuries.

• The deadliest month for 2009 was July, with 8 fatalities.

• The total fatality count for 2009 is reported as 65.

• 18.5% of the boating fatalities were caused by alcohol or drug use.

A boating accident can ruin a family’s life in the blink of an eye. Life-long injuries, medical costs and procedures, extensive rehabilitative therapies and very likely an inadequate amount of insurance coverage will mean you will never be able to live as you had before.

We urge you to practice safe boating and responsible operation every time you hit the water for a day of fishing or cruising with family and friends. If you have been the victim of a boating accident injury, Goldberg, Racila, D’Alessandro & Noone can provide a no-obligation consultation to review the specific details of your case, and best counsel you on how we will fight for your rights under the law. Contact us at 239-461-5908, or read more on our website at www.goldberg-law.com.

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Updates to Florida’s Seat Belt Laws

Posted by admin on July 27th, 2010  |  3 Comments

Before the middle of 2009, the chances of getting a ticket for not wearing a seat belt were far lower than they are today. That’s because prior to the passage of Florida’s new “primary offense” seat belt law, police officers were not allowed to pull a driver over for the single offense of not being buckled up. If you were cited for not wearing a seat belt, it would have been only because the officer pulled you over for another driving infraction.

Today, law enforcement officials have the right to pull you over and write you a ticket for the single act of not wearing your seat belt. Governor Charlie Crist signed the law into legislation on June 23, 2009, to bolster the Sunshine State’s efforts to save lives on Florida roadways.

Florida Seat Belt LawsStatistics are a strong indicator that wearing a safety belt does save lives. According to the National Highway Traffic Safety Administration, the decision to not wear a seat belt kills one motorist per hour – every single day nationwide. In 2008, Florida experienced 1,795 traffic deaths of drivers and passengers in Seat Belt Equipped

Vehicles, or “SBEV”. 60% of these people, (1,085), killed were not wearing seat belts.

The fine for the seat belt violation is $30.00. But as the numbers reveal, the costs associated with suffering a serious injury or even losing a loved one simply because they did not buckle up are traumatically more painful.

“In our practice, we see almost daily what a serious car accident injury can do to the victim’s life, and the lives of their families,” says Joseph P. D’Alessandro, a Partner at the law firm of Goldberg, Racila, D’Alessandro & Noone, and an esteemed legal expert who served a long and legendary tenure as the 20th Judicial Circuit’s first-ever State Attorney. “The use of safety belts is a no-brainer. Using old excuses about not buckling up increases the risk of a serious crash injury by a tragic margin.”

We urge all motorists to use their seat belts and proper child safety restraints – it’s just common sense.

To learn about our successes as experienced personal injury trial lawyers, contact us today at 239-461-5508, or read more on our website at www.goldberg-law.com.

Personal injury deserves personal attention.  When you need the personal, professional representation of an attorney in order to best protect your legal rights, we will be at your side every step of the way.

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Big Rigs

Posted by admin on May 25th, 2010  |  No Comments

The devastation of an auto accident can result in carnage that can be hard to fathom – twisted metal and shattered glass, not to mention the serious life threatening injuries or even death that can sometimes be the end result.

But just imagine the impact – both physically and otherwise – when an 18-wheeler is involved in a crash with another vehicle. These mammoths of the motorways in Florida and across the country are involved in an alarming number of motor vehicle accidents, and the sheer size and weight of a big rig colliding with a car can amplify the effects beyond imagination.

A typical passenger car may weigh between 6,000 – 8,000 pounds, but a tractor-trailer, even when empty, can tip the scales at 20,000 pounds. Add a full load of cargo and the massive missile can reach up to 80,000 pounds of moving mayhem. In some accident scenarios, it has been discovered that an improperly or over-loaded truck’s cargo may have added to the cause of a truck crash. The huge amount of weight packed inside a truck’s trailer can shift uncontrollably if a driver is forced to stop or change lanes suddenly, rendering the truck uncontrollable, especially at a high-speed rate of travel. Trucks that are towing an open trailer can cause an accident when the cargo becomes unsecured and lands on the roadway.

Whether you call them big rigs, tractor-trailers or semi’s, there are so many large trucks traveling Florida’s highways that attempting to share the road with them can be an intimidating and risky experience. The number one cause of big rig accidents is driver fatigue. Long-haul drivers, and even those who make their living behind the wheel of a large commercial vehicle on local routes, are subject to strenuous delivery schedules that require extensive time between rest breaks. The owner / operator of the truck, along with the driver, depend on profits that are based on getting their goods delivered to its destination on time. A driver whose schedule may cause him to push the limits of his alertness while making his run can lead to sleepiness and inattentive driving, and the results can be a life-altering crash.

There are estimates that indicate that as many as 40% of big rig accidents are the result of a driver error caused by operating while he is fatigued, and has not received the needed amount of rest between making his runs. Federal regulations require a driver can drive a maximum of 11 hours after having taken at least 10 consecutive hours off, but many truckers are guilty of exceeding those limitations. There are also a limited number of hours that a driver can work within a 7 to 8 day period.

Other factors that lead to tractor-trailer accidents involve an improperly trained driver who may not have received adequate training in operating an oversized and heavily- loaded truck. In other cases, the company that operates the vehicles may have cut corners when it comes to properly maintaining their fleet, which can cause a mechanical failure of catastrophic proportions. The owner / operators of large trucks that travel across the sunshine state hold a tremendous corporate responsibility to ensure that the trucks they send out on the road, and the people they hire to drive them, follow strict state and national certification and safety rules in order to keep our roads safe from big rig accidents.

Sadly, even though most big rig drivers are often referred to as “professional drivers”, alcohol and drug use has been known to cause some serious truck crashes. Just as with drivers of personal passenger vehicles, truck drivers have been found to be under the influence of drugs or alcohol as the result of a commercial vehicle crash investigation.

According to the Florida Department of Motor Vehicles, trucks known as “medium sized”, meaning with 4 rear wheels, were involved in 4,956 accidents in 1997. Heavy trucks and tractor-trailer rigs were involved in a startling 8,700 crashes that year. These big rig accidents resulted in 5,000 injuries, and were responsible for over 200 deaths on Florida roadways.

“The sight of a 70,000 pound rig barreling down the Interstate can be a truly scary occurrence,” says Scot D. Goldberg, Founding Partner and truck accident attorney at the law firm of Goldberg, Racila, D’Alessandro & Noone. “There is no question that these behemoths present an entirely unique set of risks when it comes to their potential for causing a serious motor vehicle crash”.

If you or someone you love has been the victim of a serious big rig accident, contacting our offices immediately is your best defense in attempting to collect the financial compensation to which you may be entitled. We have helped those injured by the negligence of a careless truck driver, and fought for the legal rights of the families of those who have lost their lives in many tragic big rig accidents.

To speak to an attorney with a thorough and intimate knowledge of trucking accident injury law, contact us today at 239-461-5508, or visit our website at www.goldberg-law.com to schedule a no obligation review of your case. We can explain why having us on your side can be your best strategy if a truck accident has torn your world apart.

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KEEP YOUR EYES ON THE ROAD: POOR VISION CAN CAUSE ACCIDENTS

Posted by admin on April 12th, 2010  |  1 Comment

A serious car accident can be a traumatic and life-altering experience. So many motor vehicle crashes happen everyday in Southwest Florida, and throughout the Sunshine State. What makes the statistics more concerning is that many of them would have been preventable if the driver at fault had taken precautions to ensure that their vision was good enough to get behind the wheel.

According to U.S. Census Bureau numbers, over 3 million people over the age of 65 call Florida home, and that number will be growing rapidly as baby boomers continue to migrate here after retirement. The fact is that some senior drivers don’t realize until it is too late that they have outlived their capability to safely operate a motor vehicle.

As we get older, we have trouble focusing on moving objects, have trouble seeing in low light or at night and can have trouble dealing with bright glare from the sun or from headlights coming towards us. Older drivers also are prone to the onset of glaucoma or cataracts, which can seriously impede their driving skills.

Analysis of National Highway Transportation Administration, (NHTSA), and United States Department of Transportation, (USDOT), data indicates the 75 and older age group ranks highest in the fatal crashes by driver age group per 100 million miles traveled. The fatality rate among drivers 85 and older is higher than any other age group, including teens.

While many senior drivers understand that at some point their vision is simply not good enough to continue driving, others have trouble giving up the independence their car provides, and are reluctant to face the fact that it is time to hang up their car keys and leave the driving to someone else.

Generally, the best method to make sure a senior driver is still seeing well enough to drive is through close monitoring by a family member. Unfortunately, many older Florida residents don’t have a close relative who is nearby, and able to see the signs that failing vision can have on driving a car. In many cases, a medical professional or law enforcement official will take action to alert the older driver that their driving days may be over. The Florida Department of Motor Vehicles, (DMV), offers a special form that a doctor or road deputy can use to assure that the senior driver takes the necessary steps to have their vision evaluated in order to retain their driving privileges.

Florida drivers aged 79 or above who renew their license will be asked to undergo a basic vision test to ensure they are able to safely operate a motor vehicle. Those who suspect their vision has deteriorated since their last license renewal should receive an exam by their optometrist prior to going to the license renewal appointment.

The Florida DMVvision standard is 20/50. If a person’s vision is worse than that in one or either eye, the person will be referred to a licensed vision specialist to see if it can be improved. If one eye is blind, the other must have 20/40. The accepted minimum field of vision is 130 degrees.

Florida law provides many safeguards in order to ensure that senior drivers are capable of driving.  Someone who fails to meet the minimum vision requirements will be referred to a vision specialist and must return with a completed Mature Vision Examination Form.

The DMV also allows the vision specialist to submit vision results online, after which the driver can get their license renewed online, by phone or in person.

If the driver passes the subsequent DMV vision test, their driver license renewal will be granted (with a corrective lens restriction, if prescribed by their eye care professional).

“We often see cases in which a serous car accident was caused by someone with poor vision who really should not have still been on the road,” says Scot D. Goldberg, Founding Partner of the law firm of Goldberg, Racila, D’Alessandro & Noone. “If you or someone you know seems to be having trouble seeing while driving, we urge you to take action before they are involved in a catastrophic crash.”

There are many resources available to Lee County residents who need transportation once they are no longer able to drive safely:

• Good Wheels

• Lee Tran (public transportation)

• Local bus or taxi service

• Church or Assisted Living Facility transportation

• Family or friends

• Senior Friendship Center

If you have been injured in an accident involving a driver whose poor vision may have been a factor, a skilled motor vehicle accident attorney could be your best recourse for receiving financial compensation for your injuries, property damage, long-term medical care and lost wages. To learn more, contact us at 239-461-5508, or visit our website at www.goldberg-law.com.

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Texting And Driving Can Be Deadly

Posted by admin on March 22nd, 2010  |  1 Comment

“OMG, GTG B4 my GF gets here – BCNU L8R!”

If you understand the sentence above, there’s a good chance you’re probably guilty of one of the newest – and most dangerous – practices on the road today. Even though it is referred to as “shorthand” texting, telling someone that “Oh my God, got to go before my girlfriend gets here – be seeing you later” by typing it on your cell phone while driving is more often the short route to a tragic car crash.

There is an obvious paradox regarding the evolvement of today’s advanced personal communication technology: While most people agree that it greatly improves our day-to-day lives, they also agree that using it at an inappropriate time or place can be deadly.

Specifically, sending text messages, or “texting”, as it is commonly known, while behind the wheel of a car has been found to be just as dangerous as driving while drunk or impaired. In fact, the practice is often called “DWT”, for “Driving While Texting”. The resemblance to the more infamous “DUI” or “DWI” acronyms is purely intentional.

Countless studies reveal startling information about how seriously dangerous texting while driving can be. A recent Virginia Tech Transportation Institute study found that manual text messaging elevated the risk of a crash or near crash to more than 23 times higher than “nondistracted” driving. A study by the national Safety Council reports that 28 percent of car crashes are caused by either talking or texting while driving. Over 50 percent of teenage drivers, the segment of motorists found to be the most dangerous on the road, have admitted to texting while driving. But, putting the blame on teenagers is not fair – a startling 81 percent of the U.S. population also admits to the same practice.

In September of last year, Department of Transportation Secretary Ray LaHood convened a national Distracted Driving Summit in order to draw attention to the problem, and to develop solutions and gain input from those involved in the transportation industry. One result of the summit was the creation of FocusDriven, an organization dedicated to raising American public awareness about the dangers of driving while talking on cell phones or texting on handheld communication devices and PDAs. The organization will be modeled after Mother Against Drunk Drivers, (MADD), which has successfully lobbied for tougher drunk driving laws. Safety advocates are pushing states to do the same thing for texting and cell phone use. DOT Secretary LaHood has been quoted as saying he “is on a rampage against distracted driving”, and the administration has made the issue one of their top priorities. DOT officials also announced the launch of http://www.distraction.gov/, a new website developed solely to address the growing problem, and save lives on America’s roadways. The site contains news, facts and statistics and ongoing updates regarding the administration’s efforts to curb the problem on the national level. Additional statistical information is available on the website for the National Safety Commission, (http://www.NationalSafetyCommission.com), crediting recent academic studies, which say that “using a wireless communications device while driving is one of the most significant distractions that affects driving performance.”

The good news is that pending legislation in Florida that would ban the practice and make it illegal is rapidly gaining momentum. On March 10th, a House committee unanimously approved a bill that would ban receiving or sending a text message while operating a moving vehicle. A similar bill has been filed in the State Senate, and Governor Charlie Crist has said he supports passage of the new laws. Locally, lawmakers are hopeful for a quick enactment in an effort to save lives in Florida roadways. However, while progress is being made, many are concerned that actual enforcement of the law will be an uphill battle, implying that the bill would have limited effectiveness. Another potential problem is that the current bills would make texting while driving a “secondary offense”, meaning law enforcement would not be able to cite a driver for that offense alone, without the existence of a “primary offense” for which the driver may be pulled over. Still, Florida lawmakers seem to be eager to take what they can get at this point. The Associated Press quotes Rep. Gary Aubuchon, R-Cape Coral, who is chairman of the Roads, Bridges and Ports Policy Committee that forwarded the proposed bill to the House, as saying, “When you’re offered a ham sandwich, sometimes it’s better to take the ham sandwich instead of waiting for the steak that might never come. By having a law on the books, we will get compliance that we don’t have today.”

On another positive note, a new service has sprouted from this relatively new national epidemic that may help prevent car crashes involving distracted driving. DriveSafe.ly is a new mobile phone application that actually converts incoming text and SMS messages into audio messages, and reads them out load in real time via your phone or PDA. There is even an option to set up a customized response feature, allowing you to hear and respond to your messages without ever touching your phone. For details, visit their website.

Personal injury attorney Scot D. Goldberg, founding partner of the Goldberg, Racila, D’Alessandro & Noone law firm in Fort Myers, reminds all Florida drivers about the very real dangers of driving while distracted. “Driving while texting is unfortunately quickly becoming the new DUI, and the resulting car crashes are just as tragic for those involved,” he says. “People need to realize the consequences are just as potentially deadly, and make more effort to remain focused on the road when they’re behind the wheel”.

If you have been injured due to the negligence of a distracted driver, our firm’s aggressive representation of your legal rights will help you attain the financial compensation you deserve. To learn more, contact us at 239-461-5508, or visit our website at www.goldberg-law.com.

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Beware of Dog: Even the Friendliest Canine Can Turn Vicious

Posted by admin on March 19th, 2010  |  No Comments

We’ve all heard the horrifying stories of a seemingly gentle and loving dog that suddenly turns vicious and attacks a family member, visitor or passerby. In fact, on March 11th, a boy was taken to the hospital after being bitten by a Rottweiler on Southeast 28th Street in Cape Coral. The dog apparently broke loose and bit the boy on the leg and thigh.

The dog’s owners, who have children of their own, surrendered the dog to animal services, where a representative said the dog would be euthanized, and a sample will be sent to a lab to determine if the animal has rabies. This comes after two incidents in December 2009, when two Florida toddlers died after being attacked by the family’s pet dogs. In the case of Liam Perk, a two-year-old from Cape Coral, the family’s Weimeraner bit him on the neck just three days before Christmas. As is typically the case, the dog was reportedly a well-behaved, indoor pet, which for some unknown reason attacked the boy as he walked past the dog.

According to The Centers for Disease Control, it’s not just the breeds of dogs most often believed to be aggressive by nature, such as pit bulls or Rottweilers, which are involved in these types of attacks. (Although, these two breeds are responsible for a disproportionate number of attacks). If one of these breeds attacks, the chances of a much more serious maiming injury or even death increase dramatically. With other breeds, a bite usually causes a less serious injury that is most often not life threatening or fatal. Dogs bite more than 4.7 million people each year, with over 1,000 per day causing serious injury that requires hospital emergency room treatment. When it comes to children interacting with dogs, the numbers indicate that dog bites are the fifth most frequent cause for emergency room visits. Children are often at the most risk for dog bites for a number of reasons. They play with dogs more than do adults, are more likely to engage in an activity which could alarm or over-stimulate the dog, are less experienced in dealing with an agitated animal and are less able to defend themselves in the event of an attack.  There is some excellent information regarding safety and dog bites on the CDC’s website.

Sadly, fatal dog attacks in the United States have been going up. The yearly average was 17 in the 1980s and 1990s. There were 33 deaths in 2007, 23 in 2008, and 30 in 2009. In Florida, there are strict laws governing the control of dogs, and severe liability issues in cases where a dog’s owner is found to have been negligent in controlling his dog. Over 50% of dog bites occur on the dog owner’s property, and over 70% of biting dogs belong to the victim’s family or a friend. In the event of a dog attack occurring on the premises of a rental property, the landlord, as well as the dog owner, may be subject to harsh liability repercussions. In Lee County, it is unlawful for the owner or keeper of any animal to allow the animal to roam at large. Additionally, the section of the Lee County Animal Control statute pertaining to threatening or menacing animal behavior states:

(a) It shall be unlawful for the owner or agent of any animal to allow that animal to act in a threatening or menacing manner toward any other animal not belonging to said owner or agent, when that animal is not on the property of said owner or agent. This

section shall not apply to animals that are securely enclosed, or under the direct control of the owner/agent as defined in this article.

(b) It shall be unlawful for the owner or agent of any animal to allow that animal to act in a threatening or menacing manner toward any person not on the property of said owner or agent.

(c) Upon receipt of a report of any animal acting in this manner, domestic animal services may investigate the incident. After investigation, domestic animal services may order the owner or agent to keep the animal restrained or confined as defined in this article, and may issue a written warning or a citation and a notice ordering confinement.

(d) Upon an owner’s conviction under this section, the subject animal will be considered a dangerous animal for the purpose of section 6-44 as defined in this article. A record of the order to confine, the written warning, the citation, and any supporting affidavits will be held on file at domestic animal services.

(e) An order to confine will be a written notice issued by an animal control officer to a person who owns or harbors a dog that has acted in a threatening or menacing manner. The confinement must be completed within twenty-four (24) hours of the notice being issued. The animal control officer conducting the investigation will check to ensure that the confinement has been completed.

(f) Failure or refusal to confine any animal in violation of this section may result in the animal being impounded and/or citations being issued.

(g) Exception to threatening or menacing behavior. An animal that is secured on its own property cannot be found to be threatening or menacing.

Michael M. Noone, a trial attorney whose practice centers on personal injury, wrongful death, and insurance claim cases and who is a founding partner of the Goldberg, Racila, D’Alessandro & Noone law firm, warns that even the most docile breed of dog can suddenly become provoked to attack. “The fact is that these are animals, and even the most experienced animal behavioral authorities are at a loss as to explaining what causes a dog to attack,” Noone says. “People, especially children, need to exercise caution when they are interacting with any animal, even if it is a seemingly playful family pet”.

The personal injury team at Goldberg, Racila, D’Alessandro & Noone have been aggressively fighting for the rights of dog bite victims for over 10 years, and are intricately familiar with state and local dog bite laws and statutes. If you or a family member has been victimized by a serious dog bite injury, we welcome the opportunity to review your case on a no obligation basis to discuss your rights under the law. Please visit our website at www.goldberg-law.com, or call us at 239-461-5508 to meet with one of our personal injury attorneys.

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Proper Protection: Do You Have Adequate Homeowners Insurance?

Posted by admin on March 8th, 2010  |  2 Comments

It may not be the most exciting or glamorous topic, which explains why many homeowners today do not fully understand whether they are carrying the proper types of insurance on their homes. Insurance is designed to protect you against certain risks and hazards, which change over the course of time. Unfortunately, most homeowners feel that once their policy is in place, they’ve washed their hands of the situation, and never bother to review their coverage until it is too late.

There is a good chance you may not only be carrying inadequate coverage to protect you, but also needlessly carrying a policy or coverage you no longer need. The basics of purchasing insurance coverage for your home are based on insuring it to cover its replacement cost, should it become damaged by a hurricane, flood or other natural disaster. However, with the recent fluctuations in real estate market values and the costs associated with construction of a new home, you may be surprised to learn your current coverage is not aligned with your home’s present valuation. If left unchanged for a certain period of time, some insurance companies will automatically adjust your coverage limits to reflect only a slight increase for inflation. Also, some companies have been known to alter policies to eliminate unlimited payments for home replacement, and instead have capped those benefits at a certain level. Only by reviewing your current policy will you know if you are covered in the event of a disaster, catastrophic event or accident within the home.

There are some essential types of coverage you should have, and some others you may want to research to see if they may benefit you. Here are the basics:

• The structure itself – this is the main part of a policy designed to replace your home should it be deemed a total loss. But again, don’t buy your coverage based on what you paid for your home. Things change, and you need to make sure the dwelling itself is properly covered. If you have added a room or made other major alterations to your home, be sure your insurance has been updated.

• Your possessions – be sure you have an up-to-date inventory of all of your belongings, most importantly those with the most value. If your luxury vehicle is damaged while in your garage or driveway, will your homeowners policy cover the damages, or will you need to deal with your car insurer? It may be a good decision to take digital images of your most expensive items – jewelry, electronic equipment, furs, furniture – to better help with determining the value they hold should they ever need to be replaced.

• Living expenses – if something happens to your home, does your coverage provide for a temporary place for you and your family to live, and cover any day-to-day living expenses?

• Liability coverage – if an accident occurs in your home or on your property, you may not have enough coverage to protect you against a liability lawsuit. Although most policies carry liability coverage of $100,000, a lawsuit against you for a serious accident that happened to someone while in your home may ask for damages exceeding that amount. Shop around to see how much additional coverage may cost, and ask your agent to assess your risk and advise if he or she thinks it is worth the additional premium.

• Specialty insurance – in Florida, flood and hurricane insurance are not typically part of your homeowners policy. Be sure you have appropriate coverage for natural disasters and Acts of God that may not be in your existing policy.

• Umbrella coverage – an umbrella insurance policy can be a good way to ensure you are completely covered for losses that may not be covered under your standard homeowners policy. Once thought to be something needed only by the rich, umbrella policies can provide peace of mind if your dog bites someone in your home, and you are sued for an amount greater than that of your homeowners policy liability limits. Some umbrella policies will even cover legal fees and costs associated with defending your legal rights should you be sued for an accident on your property.

Home-Based Business: How Do I Protect Myself?

If you operate a business out of your home, the need for adequate insurance becomes even more important, and the types of coverage and liability limits can vary greatly. Even though you may feel you do not need the same extensive coverage as a business operating out of a downtown storefront, you may be surprised at the levels of exposure you are subject to if you operate a business from your home. Some of the factors to consider include:

• Business machines and equipment – these items may not be covered under your homeowners policy.

• Product – if you make a product from your home-based business, this type of coverage will protect you in the event someone is hurt while using your product.

• Cash flow and operations – if your home-based business is interrupted because of a loss or damages within your home, you may need this type of coverage to recover your loss of income.

• Customers – your homeowners policy may not cover an injury that occurs to someone in your home if that person came there to see you in a business capacity.

• Owners and key people – if you have a partner who is unable to work with you because of an injury at your home based business, this form of insurance may provide assistance during the interim. 

Attorney Raymond L. Racila, a founding partner of the Goldberg, Racila, D’Alessandro & Noone law firm in Fort Myers, spent 15 years as an insurance adjuster prior to embarking on his two-decade career as a personal injury lawyer. “Inadequate insurance coverage can expose you to a huge variety of liability issues when it comes to your home,” says Racila. “I counsel people to review their homeowners policy annually, and be vigilant when it comes to ensuring they are properly protected in the event of an accident or other disaster in their home or on their property.”

The attorneys of Goldberg, Racila, D’Alessandro & Noone are experts in resolving disputes with insurance providers, and in helping you limit your risk of being sued for damages that may occur on the premises of your personal residence. To learn more, contact us at 239-461-5508, or visit our website at www.goldberg-law.com.

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Brace Yourself: Car Accident Injuries Can Be Minimized

Posted by admin on February 8th, 2010  |  No Comments

As the saying goes, ‘accidents do happen’. In the blink of an eye, you can find yourself in a treacherous situation while behind the wheel, and a car crash may be unavoidable.

However, there are some instances in which you can see an accident in the making, and how you react could prevent or reduce the risk of serious injury, or even save a life. Accident victims have reported that just before the actual moment of impact, the world seems to be moving in slow motion – they feel helpless and unable to avoid the crash. Yet attentive drivers who are focused on the road and not distracted by their cell phones, another passenger or simply daydreaming can actually act quickly enough to minimize the severity of impact.

Your first course of action when you get in your car is to be sure you and all of your passengers are safely buckled in your seat belts. You will not have time to reach for your belt in the case of an impending crash, and besides, it’s the law. Also, you may not realize that if you are in an accident and you suffer an injury, your efforts to recover monetary damages from another driver may be reduced if it is discovered that you or your passengers were not buckled up. The excuses that they are too uncomfortable, you’re just running a short errand or that they may wrinkle your clothes just don’t make sense when it comes to saving a life. You should also be aware of exactly where the air bags are located in your car. Knowing where they are if and when they deploy can reduce the shock of them inflating upon impact.

Experts also recommend placing all unsecured objects in your vehicle in a safe place, to avoid the risk of them becoming projectiles in a crash. Books, CD’s and things like children’s games should be placed under the front seat. If you have heavy objects in your trunk, tether them down to avoid them sliding violently forward towards the passenger compartment during a collision. This is especially true if your car has rear seats that fold down.

While on the road, always remain a safe distance behind the vehicles in front of you. Studies have shown that aggressive driving, tailgating or just becoming distracted from the conditions around you are responsible for a large proportion of motor vehicle accidents. This is especially true if you are driving in rainy weather conditions, traveling towards bright sunlight or other circumstances that may cause reduced visibility.

If you feel you are about to be involved in a collision, it is recommended that you do not focus on the accident itself. While that may sound difficult, skilled drivers will immediately assess the situation, and concentrate on avoiding the collision. Check your options for steering away from the impending impact – are there any escape or avoidance options you can take? Is the lane next to you clear to allow you to move over? Perhaps there is a safe road shoulder or grassy median to target in order to avoid what is happening ahead of you. The time you take to enact these corrective measures could save your life.

You may find yourself in a situation where the vehicle behind you is bearing down on you, and you need to be prepared for a rear-end collision. These types of accidents account for one-third of all motor vehicle accidents, and can result in severe neck, back and spinal cord injuries. The majority of drivers do not have their vehicle seat headrests adjusted properly. These accessories can be a critical factor in reducing whiplash and back injuries, and they should be adjusted so that they reduce the amount of space your head can travel backwards on impact. The more space between your head and the seat’s headrest, the greater your risk for a potential serious injury during a rear-end impact to your vehicle.

If you see a car in your rear view mirror that is bearing down on your car or hear the screeching of tires coming from a car behind you, there are some preventative reactions you can take to reduce your chance of injury. Tensing of your muscles in your arms and legs will reduce the risk of ligament and muscle injury. Your foot should be on the brake pedal – this will not only assist with tensing your leg muscles, but could avoid the risk of your car being thrust into a busy intersection or into the car in front of you. Your head should actually be against the headrest, if possible. This will reduce the effect of your head being thrown backwards, striking the headrest upon impact, and then forwards after the crash.

Personal injury attorney Scot D. Goldberg, founding partner of the Goldberg, Racila, D’Alessandro & Noone law firm in Fort Myers, has seen an alarming number of serious injury cases caused by a tragic car crash. “Anything you can do to reduce the potential risk of an injury in an accident could mean the difference between life and death”, says Goldberg. “Being vigilant and focused on your surroundings while behind the wheel, and using the proper safety precautions, could prevent a life-altering crash.”

If you have suffered an injury caused by a motor vehicle accident, our expert trial attorneys will vigorously fight for your legal rights, and are backed by years of car crash litigation expertise. To learn more, contact us at 239-461-5508, or visit our website at www.goldberg-law.com.

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Tourist Season Brings More Traffic Safety Hazards

Posted by admin on November 23rd, 2009  |  3 Comments

You don’t have to be a long-time resident of Southwest Florida to see that the onset of the winter tourist season means a dramatic increase in the number of drivers on our area roadways. From November through April, vacationers who are visiting Florida for a short stay mingle with the seasonal “snow birds” who spend the winter season here, and all of them are traveling the same roads as our full time, local residents. According to the U.S. Department of Commerce, Florida is the number one vacation destinations for Americans, and number two on the list of foreigner travelers.

While we may be simply going about our daily commute to work or to pick up the kids from school, vacationers often are sharing our roadways without a specific destination – just “seeing the sights”. If they are heading for a specific stretch of sandy beach or for a round of golf at one our many area courses, there is a good chance they did not invest a great deal of time in planning their route, which can result in distractions while behind the wheel, and dangerous interactions with other motorists.

Those visiting Southwest Florida from a foreign country can sometimes present a completely unique hazard. Unfamiliarity with Florida’s traffic and safety laws, the potential for a language barrier resulting in the inability to understand road signs and difficulty reading local road maps can all add up to a serious accident. While it is true that the local tourist season does result in a welcomed financial boost in our local economy, the fact is that the number of serious car and motorcycle crashes increases dramatically during our peak visitor season.

“Traffic crashes and fatalities increase exponentially with the influx of seasonal visitors on the road in season”, says attorney Scot D. Goldberg, founding partner of the Goldberg, Racila, D’Alessandro & Noone law firm in Fort Myers. “When you have people who may be unfamiliar with the area driving rental cars with which they also may not be as comfortable with as their own cars, this can be a recipe for a life-altering collision.”

According the Florida Department of Highway Safety and Motor Vehicles, (DHSMV), March is the month in which the most traffic crashes occur in the state. Not coincidentally, March is also considered to be the peak of the annual winter tourist season. Adding to the increased dangers are the Holiday and Spring Break seasons. Some may believe that New Year’s weekend represents the highest number of traffic accidents, but it is actually the Thanksgiving Holiday during which the most crashes happen – there were 52 statewide in 2008. Spring Break presents another potentially dangerous driving situation, when thousands of college-aged visitors arrive here to bask in the sun and party with their friends. While it would be unfair to categorize all of the Spring Break visitors as more likely to drink and drive, the numbers indicate that drivers in the 20 to 24 year-old age group who had been drinking were involved in the highest number of crashes than were other age groups, according to the DMVHS.

The attorneys of Goldberg, Racila, D’Alessandro & Noone remind you to exercise extra caution while driving during the busy tourist season. If you or someone you love has been injured as a result of a car, truck or motorcycle crash, our team of experienced trial attorneys are ready help put your life back together, and to help you attain the financial compensation you deserve. To learn more, contact us at 239-461-5508, or visit our website at www.goldberg-law.com.

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Emma Racila Moving Forward with Graduate School!

Posted by admin on September 16th, 2009  |  No Comments
Emma Racila
Emma Racila

Congratulations are in order for Emma Racila, daughter of Ray and Lili Racila. Ray, of course, is one of the founding partners of the firm, so we’ve all watched Emma grow up as a part of our family here.

Emma was graduated from The College of Charleston, located in Charleston, S.C., in May 2009, with a Bachelor of Science degree in Political Science. Emma outdid herself by not only attending college on a full volleyball scholarship, but also by completing her four-year course of study in only three years.

Emma, who is a beautiful and talented young woman, has quite an impressive and inspiring story.

Due to some dramatic complications which developed shortly prior to her birth, Emma was actually not even expected to survive childbirth. She was born six weeks early, and in her first days of life, had to undergo two full blood exchanges and one transfusion to save her life.

Ray, Lili, and Emma Racila
Found Partner Ray Racila with his wife Lili and daughter Emma

Her parents were, of course, overjoyed when Emma defied the doctors’ predictions and made it through. Unfortunately, when Emma was approximately three years of age, it was discovered that all of the difficulties she had faced at birth had caused serious problems with her lungs, as well as a significant hearing loss.

When the challenges faced by Emma were diagnosed, Ray and Lili were encouraged to place Emma in special classes designed for the deaf and profoundly hearing impaired, where the emphasis for her education would be based on communication through sign language. After much serious consideration, Ray and Lili felt that it was best to place Emma in mainstream classes, so that she would not have to rely upon sign language as her only means of communication. Through the use of hearing aids, as well as the strategic placement of Emma’s desk at the front of her classes, she managed not only to get by in school, but she blossomed and excelled.

As a young child, Emma attended Allen Park Elementary School in Fort Myers, which Ray and Lili praise as providing a phenomenal program for hearing impaired students. This provided a solid foundation for Emma’s future academic achievements.

Throughout her years in elementary, middle and high school, Emma excelled, both academically and athletically. Emma was frequently noted to be an inspiration and an example to her fellow students, as well as her teachers, as she overcame the obstacles she faced (and in fact, never let them slow her down).

While in school, it became clear that Emma was a natural athlete, and she became very interested in volleyball. When she began playing, the coaches soon discovered she had quite an affinity for the game. By the time she completed high school (which she graduated cum laude, with a 4.12 GPA), Emma had been offered a full athletic scholarship to The College of Charleston.

She began attending The College of Charleston in 2006, and did very well with balancing her studies with playing volleyball. Unfortunately, Emma suffered a knee injury after two years, and had to sit out a year to recover. However, true to form, she chose to see this as an opportunity rather than a disappointment, and in her junior year, she opted to take extra courses which enabled her to graduate in three years rather than four.

Emma has now returned to Fort Myers and is attending graduate school at Florida Gulf Coast University, where she is working toward a Masters Degree in Public Administration. Having recovered from the injury which temporarily sidelined her from volleyball, she was offered a scholarship at FGCU, and is very happy to be playing once again.

We extend our congratulations to this member of our GRDN family for her past endeavors, as well as our best wishes for the future. Especially when viewed in the context of the challenges she has faced, Emma Racila’s accomplishments are even more remarkable and inspiring!

Now, we’re all just waiting to see what she conquers next!

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