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Archive for March, 2010

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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Tags:  |  Posted in Personal Injury, Safe Driving

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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Tags: , , ,  |  Posted in Dog Bite Injuries

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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Tags: , , , ,  |  Posted in Home Owners, Insurance