We all see a lot of coverage in the media about the dangers of distracted drivers, but what about distracted pedestrians? The online journal of "Injury Prevention" states that the injury and death rate of pedestrians distracted by technology has sky rocketed since 2004, more than tripling in that time period.
"Two phenomena are likely contributors to the possible association between headphone use and pedestrian injury: distraction and sensory deprivation," site authors of the journal Injury Prevention. When a pedestrian is distracted, they are inclined to walk slower and more likely to walk in front of a moving vehicle. Of 116 accidents from 2004 to 2011 where pedestrians were noted as using headphones, 70% resulted in fatalities; greater than two thirds were males under 30 years old and over half of the vehicles involved were trains.
This past February, a boy in Wisconsin was struck by a train as he walked with his head down and headphones on under his hood. Because his senses were deprived, he did not see the warning lights of the train or the sounds of it's horns blaring. Just a day later a similar situation occurred in Michigan and another teen was killed. As summer approaches, teens need to be made aware of how dangerous it is to not only drive but also to walk or ride a bike while distracted.
Pedestrians:
• Be aware of your surroundings.
• Avoid distractions like texting, talking on the phone, or wearing headphones.
• Make eye contact with drivers to make sure they see you and know that you are there.
• Obey all crosswalk traffic laws.
Drivers:
• Look out for pedestrians and bicyclists, especially ones that may not be watching the road.
• Avoid distractions such as talking on the phone, listening to loud music, and texting.
• Always yield to pedestrians in crosswalks.
• Reduce speed on neighborhood streets
Increasing awareness among drivers and pedestrians is the only way to convey that multitasking on the road is extremely dangerous.
WELCOME TO THE BLOG OF ORLANDO PERSONAL INJURY ATTORNEY JEFFREY B. SEXTON, PA.
WE BLOG ABOUT RELEVANT ISSUES IN PERSONAL INJURY LAW, DISCUSS THE MISCONCEPTIONS SURROUNDING PERSONAL INJURY LAW, REPORT ON SOME OF THE MOST POPULAR CASES IN THE NEWS, AND PROVIDE READERS WITH HELPFUL PERSONAL INJURY INFORMATION AND RESOURCES.
PLEASE VISIT WWW.SEXTONLAW.COM FOR MORE INFORMATION.
Sunday, June 24, 2012
Friday, June 1, 2012
Bath Salts Epidemic
In a gory scene out of a horror movie, a naked man was found eating the face of another man in Miami on May 26th. It is suspected by police that the 31 year old Rudy Eugene was on a designer drug known as “bath salts” and this drug is what caused the psychotic episode.
A Miami police officer shot Rudy Eugene 4 times before cannibalistic psychosis was ended.
While the Miami police have not officially concluded that Eugene was on “bath salts,” experts confirm he was exhibiting the tell tale signs of someone high on the drug. Some symptoms of this drug include perception of super human strength, paranoia, hallucinations, extreme violence, and nudity as a result of the increased body temperature that would cause most people’s organs to fail.
Armando Aguilar referred to people on this drug as a “walking dead person.”
The victim was 65 year old Ronald Poppo, a homeless man, who lost 75 percent of his face in this brutal attack.
Dr. Paul Adams is a physician at the Jackson Memorial Rider Trauma Center in Miami where the victim is being treated. Dr. Adams says that he is seeing more and more instances where virtually uncontrollable patients showing signs of psychosis are being brought in.
"You can call it the new LSD. It's a recreational drug. They [patients] seem to be unaware of their surroundings. They are not rational, very aggressive and are stronger than they usually are. In the emergency room it usually takes four to five people to control them, and we have had a couple of people breaking out of restraints," says Adams.
In 2011, the U.S. Drug Enforcement Agency banned for a year the possession and sale of 3 of the chemicals used to make the psychotic drug.
The drug resembles the salts one would use to put in a bath, and it can be injected, swallowed or smoked. It is far less expensive than other drugs and is able to be made in a home kitchen.
Since this drug is new, police are unsure how to handle it. Last week the Senate passed a FDA bill that will outlaw the active ingredients mephedrone, methylenedioxyprovalerone (MDPV) and methylone as well as other drugs.
Due to the law only banning specific chemical combinations, chemists have been altering the makeup of these drugs to keep them technically legal.
Rudy Eugene was killed by police during the attack and Ronald Poppo remains in the hospital in critical condition.
A Miami police officer shot Rudy Eugene 4 times before cannibalistic psychosis was ended.
While the Miami police have not officially concluded that Eugene was on “bath salts,” experts confirm he was exhibiting the tell tale signs of someone high on the drug. Some symptoms of this drug include perception of super human strength, paranoia, hallucinations, extreme violence, and nudity as a result of the increased body temperature that would cause most people’s organs to fail.
Armando Aguilar referred to people on this drug as a “walking dead person.”
The victim was 65 year old Ronald Poppo, a homeless man, who lost 75 percent of his face in this brutal attack.
Dr. Paul Adams is a physician at the Jackson Memorial Rider Trauma Center in Miami where the victim is being treated. Dr. Adams says that he is seeing more and more instances where virtually uncontrollable patients showing signs of psychosis are being brought in.
"You can call it the new LSD. It's a recreational drug. They [patients] seem to be unaware of their surroundings. They are not rational, very aggressive and are stronger than they usually are. In the emergency room it usually takes four to five people to control them, and we have had a couple of people breaking out of restraints," says Adams.
In 2011, the U.S. Drug Enforcement Agency banned for a year the possession and sale of 3 of the chemicals used to make the psychotic drug.
The drug resembles the salts one would use to put in a bath, and it can be injected, swallowed or smoked. It is far less expensive than other drugs and is able to be made in a home kitchen.
Since this drug is new, police are unsure how to handle it. Last week the Senate passed a FDA bill that will outlaw the active ingredients mephedrone, methylenedioxyprovalerone (MDPV) and methylone as well as other drugs.
Due to the law only banning specific chemical combinations, chemists have been altering the makeup of these drugs to keep them technically legal.
Rudy Eugene was killed by police during the attack and Ronald Poppo remains in the hospital in critical condition.
Thursday, May 31, 2012
Pool Safety This Summer
With warm weather here, people are able to spend more time outdoors doing activities they love such as playing sports, barbecuing, or swimming. Spending time at the pool with your family can be a wonderful way to cool off; however, taking your eyes off of your child for just a moment can be life changing.
Each year, far too many children are victims of drownings or near drownings. Below are just a few steps every adult should exercise when watching children in, or around a pool.
In addition to these suggestions, make sure that there aren’t any objects your child could use to gain access to a neighbor’s pool. You could the most secured and childproofed swimming pool but a ladder or jungle gym too close to a fence could give a determined child an entry way into a either their own pool or neighbor’s yard.
During the summer of 2010, a six and three year old accessed their neighbor’s pool and drowned, even with the neighbor’s pool fenced and gated. It is unknown how the children were able to access the pool, however, they were seen playing with a stepladder in their own backyard before the accident occurred.
Drowning is the second leading cause of death for children ages one to 14 years old. In 2007, there were 3,443 fatal unintentional drownings in the United States. When a drowning is non fatal, the child can suffer from brain damage that may involve long term disabilities such as learning disabilities, memory problems, and permanent loss of basic functioning. Don’t let your child become another statistic this summer. Child drownings are preventable and it all starts with a responsible adult.
Each year, far too many children are victims of drownings or near drownings. Below are just a few steps every adult should exercise when watching children in, or around a pool.
- Be sure that your pool is fenced in and has a self latching gate.
- Pool toys and floaties are not life jackets and should never be substituted for supervision by an adult.
- Assign an adult to supervise the children. Whether there is one or many adults in the immediate area, be sure that at least one knows they are keeping an eye on the kids.
- Remove the children from the pool area if you are going to be distracted, even for just a moment.
- Do not over crowd your pool with toys that float on the surface, be sure that you can see any children in the pool clearly, without obstruction.
In addition to these suggestions, make sure that there aren’t any objects your child could use to gain access to a neighbor’s pool. You could the most secured and childproofed swimming pool but a ladder or jungle gym too close to a fence could give a determined child an entry way into a either their own pool or neighbor’s yard.
During the summer of 2010, a six and three year old accessed their neighbor’s pool and drowned, even with the neighbor’s pool fenced and gated. It is unknown how the children were able to access the pool, however, they were seen playing with a stepladder in their own backyard before the accident occurred.
Drowning is the second leading cause of death for children ages one to 14 years old. In 2007, there were 3,443 fatal unintentional drownings in the United States. When a drowning is non fatal, the child can suffer from brain damage that may involve long term disabilities such as learning disabilities, memory problems, and permanent loss of basic functioning. Don’t let your child become another statistic this summer. Child drownings are preventable and it all starts with a responsible adult.
Labels:
Orlando Attorney,
Personal Injury,
Pool Safety,
Wrongful Death
Wednesday, April 18, 2012
Understanding "Stand Your Ground"
The slaying of Trayvon Martin by George Zimmerman has prompted national outrage over Florida’s “Stand Your Ground” law. Unfortunately, this law has been grossly misunderstood. Even CNN’s senior legal analyst mistakenly claimed that the law “allows a disproportionate response; if someone comes at you with a fist, you can reply with a gun.”
Some Floridians believe that if he or she is in any sort of danger they can use deadly force, no matter how unreasonable. These impressions of the law are wrong. In Florida, a person declaring self defense must prove that he logically believes that such force was required to protect himself from imminent and unlawful use of force by another person. And the person claiming self defense cannot be the initial aggressor. To use deadly force, as George Zimmerman did, a person must also reasonably believe that the aggressor threatened him with death, bodily injury or intended on committing a forcible felony such as robbery, kidnapping or rape. Under the “Stand Your Ground” law, Zimmerman must now prove that Martin was a mortal threat and his use of deadly force was justified.
Even with Florida’s “Stand Your Ground” law, Zimmerman will have difficulty proving a successful self defense claim. This law does not permit individuals to use disproportionate force during self defense and now Zimmerman will have have demonstrate that he reasonably feared for his life or great bodily harm. He will also have to prove that he was not the initial aggressor.
Some Floridians believe that if he or she is in any sort of danger they can use deadly force, no matter how unreasonable. These impressions of the law are wrong. In Florida, a person declaring self defense must prove that he logically believes that such force was required to protect himself from imminent and unlawful use of force by another person. And the person claiming self defense cannot be the initial aggressor. To use deadly force, as George Zimmerman did, a person must also reasonably believe that the aggressor threatened him with death, bodily injury or intended on committing a forcible felony such as robbery, kidnapping or rape. Under the “Stand Your Ground” law, Zimmerman must now prove that Martin was a mortal threat and his use of deadly force was justified.
Even with Florida’s “Stand Your Ground” law, Zimmerman will have difficulty proving a successful self defense claim. This law does not permit individuals to use disproportionate force during self defense and now Zimmerman will have have demonstrate that he reasonably feared for his life or great bodily harm. He will also have to prove that he was not the initial aggressor.
Labels:
Self Defense,
Stand Your Ground Law
Musical Districts
The Florida Legislature is mired in the “politics of politics’. Currently, restructuring of legislative districts have led many to proclaim that the fix was in.
Assigning numbers to the 40 districts has proven to be quite the riddle. The Florida state senate staggers it’s elections in an effort to avoid a mass re-election fiasco that results in stagnation of the state’s affairs. As a result; odd numbered districts will allow a senator to serve two more years than an even number district. So, how do you divvy it up? East to west perhaps? That would work if the state were symmetrical. But the panhandle would negate that.
The other option is a lottery. It is certainly the most random. The senate has even consulted with the Florida Lottery regarding the matter. Some Senators made jokes about a bingo-style atmosphere that this has turned in to.
In a state where politics always seem to become an anomaly, the re-districting of the Florida Senate has lived up to that notion. A decision is yet to be made. As far as the courts and everyone else sees it, a lottery may be the answer... But as the saying goes:” You can’t win if you don’t play.”-- Time to play!
Assigning numbers to the 40 districts has proven to be quite the riddle. The Florida state senate staggers it’s elections in an effort to avoid a mass re-election fiasco that results in stagnation of the state’s affairs. As a result; odd numbered districts will allow a senator to serve two more years than an even number district. So, how do you divvy it up? East to west perhaps? That would work if the state were symmetrical. But the panhandle would negate that.
The other option is a lottery. It is certainly the most random. The senate has even consulted with the Florida Lottery regarding the matter. Some Senators made jokes about a bingo-style atmosphere that this has turned in to.
In a state where politics always seem to become an anomaly, the re-districting of the Florida Senate has lived up to that notion. A decision is yet to be made. As far as the courts and everyone else sees it, a lottery may be the answer... But as the saying goes:” You can’t win if you don’t play.”-- Time to play!
Labels:
Florida Legislature,
Legislative Districts
Saturday, March 31, 2012
PIP Reform And How It Affects You
On Friday, March 9th, Florida’s legislature passed HB 119 which will drastically change the availability of Florida’s No Fault medical benefits after an automobile accident. Originally, Florida’s personal injury protection insurance system, also known as PIP, was designed to provide $10,000 worth of coverage for automobile accident related medical treatment, regardless of who was responsible for causing the crash.
While most PIP claimants are honest Florida auto injury victims, unfortunately, some individuals have decided to file fraudulent claims to benefit from the PIP’s old ways. The new law is an attempt to prevent these false claims as well as aggressive billing practices by “PIP Clinics.” The new law also requires treatment within fourteen days of the accident. In the instance that the initial treatment does occur within fourteen days of the accident, follow up care is now limited to $2,500 if the treatment was not for an “emergency medical condition.” The ability for a chiropractor to decide if you have an “emergency medical condition” has been taken away and now delegated only to physicians, osteopaths, physician’s assistants and nurse practitioners. Massage and Acupuncture treatment will now be excluded from the list of approved medical services.
While the Bill may alleviate some of the aggressive billing practices of the PIP Clinics, it may also unjustly limit the coverage for Floridians who wait more than two weeks to seek treatment. In most cases, the small amount of $2,500 will not cover all of the patient’s medical bills for sprains, strains and whiplash injuries, which are common after an accident. And if an injured person is taken to the hospital by ambulance, most of the allotted $2,500 will already be eaten up. Legitimate physicians and chiropractors will also be affected in all of this because they will no longer be able to seek reimbursement for their services.
The idea behind shaking up the PIP was based on placing barriers on claims so Floridian’s auto insurance premiums would see some relief. However, experts predict that consumers will see few benefits from the new reform.
While most PIP claimants are honest Florida auto injury victims, unfortunately, some individuals have decided to file fraudulent claims to benefit from the PIP’s old ways. The new law is an attempt to prevent these false claims as well as aggressive billing practices by “PIP Clinics.” The new law also requires treatment within fourteen days of the accident. In the instance that the initial treatment does occur within fourteen days of the accident, follow up care is now limited to $2,500 if the treatment was not for an “emergency medical condition.” The ability for a chiropractor to decide if you have an “emergency medical condition” has been taken away and now delegated only to physicians, osteopaths, physician’s assistants and nurse practitioners. Massage and Acupuncture treatment will now be excluded from the list of approved medical services.
While the Bill may alleviate some of the aggressive billing practices of the PIP Clinics, it may also unjustly limit the coverage for Floridians who wait more than two weeks to seek treatment. In most cases, the small amount of $2,500 will not cover all of the patient’s medical bills for sprains, strains and whiplash injuries, which are common after an accident. And if an injured person is taken to the hospital by ambulance, most of the allotted $2,500 will already be eaten up. Legitimate physicians and chiropractors will also be affected in all of this because they will no longer be able to seek reimbursement for their services.
The idea behind shaking up the PIP was based on placing barriers on claims so Floridian’s auto insurance premiums would see some relief. However, experts predict that consumers will see few benefits from the new reform.
Trayvon Martin And "Stand Your Ground"
17 year old Trayvon Martin was watching the NBA all star game with his dad on a Sunday afternoon. At halftime he decided to take a short walk to a market to purchase some skittles and an Arizona ice t. He would return home to watch the second half of the game and enjoy his snack and beverage... That is; if he hadn't met George Zimmerman.
Zimmerman, a self appointed neighborhood watch captain was "patrolling" his neighborhood when he came upon the "suspicious looking" Trayvon Martin. Zimmerman then dialed 911 and alerted police that he was following a crazy person on drugs. The 911 dispatcher told Zimmerman to stand down and let the police handle the situation. He didn't. Instead he continued to follow the 17 year old and forced a confrontation. A fatal confrontation. Details are sketchy, but we do know is that a 17 year old unarmed boy was shot to death after a scuffle. A scuffle that witnesses say was dominated by Zimmerman who outweighed Martin by over thirty pounds. So why did he need to shoot an unarmed boy while on top of him? How threatening can someone be if you have them pinned and you're armed?
The "Stand Your Ground Law" has allowed Zimmerman to walk free for the murder of Trayvon Martin. This is a law who's chief beneficiary is the NRA. A law that suggests using deadly force any and everywhere you "feel" threatened is just.
In the motion picture "Unforgiven", it was expected of townspeople and visitors to check their firearms in with the Sheriff when they enter the town of Big Whiskey. Though it was a movie, this wasn't an uncommon practice as the population began to increase around the turn of the 20th century.
Why did they seem to appreciate the importance of this back then? And why now does such a law exist when we are infinitely more dense a population than we were circa 1900?--Lobbyists and special interest groups. They have in essence created scenarios such as "Stand Your Ground" to further their agenda without regards to whom it affects.
Trayvon Martin never got to see the second half of the NBA Allstar game. He never got to eat his skittles. He never sipped his ice t. All because a law was put in to place that would have been considered outrageous 100 years ago. A law that allowed Zimmerman to "Stand His Ground" or impede on someone else's ground while in a vehicle and they're on foot. It sounds like this law gives individuals the freedom to choose the grounds--and the perceived threats. Essentially making every Florida resident a self appointed judge, jury and executioner.
Due process is something our country prides itself on. When evidence of a contradictory law such as this rears it's ugly head, we must speak up. Vigilantism is the worst response. Reform is what is needed... To save lives, and so kids wont be killed for simply wearing a hoodie.
Zimmerman, a self appointed neighborhood watch captain was "patrolling" his neighborhood when he came upon the "suspicious looking" Trayvon Martin. Zimmerman then dialed 911 and alerted police that he was following a crazy person on drugs. The 911 dispatcher told Zimmerman to stand down and let the police handle the situation. He didn't. Instead he continued to follow the 17 year old and forced a confrontation. A fatal confrontation. Details are sketchy, but we do know is that a 17 year old unarmed boy was shot to death after a scuffle. A scuffle that witnesses say was dominated by Zimmerman who outweighed Martin by over thirty pounds. So why did he need to shoot an unarmed boy while on top of him? How threatening can someone be if you have them pinned and you're armed?
The "Stand Your Ground Law" has allowed Zimmerman to walk free for the murder of Trayvon Martin. This is a law who's chief beneficiary is the NRA. A law that suggests using deadly force any and everywhere you "feel" threatened is just.
In the motion picture "Unforgiven", it was expected of townspeople and visitors to check their firearms in with the Sheriff when they enter the town of Big Whiskey. Though it was a movie, this wasn't an uncommon practice as the population began to increase around the turn of the 20th century.
Why did they seem to appreciate the importance of this back then? And why now does such a law exist when we are infinitely more dense a population than we were circa 1900?--Lobbyists and special interest groups. They have in essence created scenarios such as "Stand Your Ground" to further their agenda without regards to whom it affects.
Trayvon Martin never got to see the second half of the NBA Allstar game. He never got to eat his skittles. He never sipped his ice t. All because a law was put in to place that would have been considered outrageous 100 years ago. A law that allowed Zimmerman to "Stand His Ground" or impede on someone else's ground while in a vehicle and they're on foot. It sounds like this law gives individuals the freedom to choose the grounds--and the perceived threats. Essentially making every Florida resident a self appointed judge, jury and executioner.
Due process is something our country prides itself on. When evidence of a contradictory law such as this rears it's ugly head, we must speak up. Vigilantism is the worst response. Reform is what is needed... To save lives, and so kids wont be killed for simply wearing a hoodie.
Labels:
Florida Shooting,
Stand Your Ground Law,
Vigilantism
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