Steps To Take After A Car Accident

There are no two automobile accidents alike in the State of Florida. Each particular case is comprised of its own set of unique injuries, damages, and losses. Most accidents are caused unintentionally from such distractions as cell phone use, GPS, stereo, or by other unsafe acts such as eating, looking at a map or simply not paying attention.

In other cases, factors include high speed and reckless driving, driving without a license, driving under the influence, or driving while intoxicated. These are not only negligent, but criminal.

Whenever you are in an automobile accident, it’s imperative that you notify the police and seek legal counsel immediately. Many times an accident can seem to be a run-of-the-mill fender bender. Days later, injuries can make themselves known -- and prove to be costly. Make sure no matter how small it is to alert authorities. A small fender bender may expose that the operator of the vehicle was in fact impaired, uninsured, or any one of the previous acts of negligence in the aforementioned paragraph. If that is the case, you may be entitled to an award for the damages incurred as a result of negligence.

Often times, it is just a simple fender bender and the two parties can swap information and go on their way, but better safe than sorry. If you are in an accident small or large, remember:

1. Alert the authorities.

2. Get the other drivers info.

3. Take a picture of their car and yours.

4. Retain legal counsel.

Contact Florida Personal Injury Attorney Jeffrey Sexton if you have been involved in a car accident.

Exercise Pool Safety Year Round

During the spring and summer months, and even into fall, Floridians have the luxury of swimming. When fall ends and winter begins, we tend to not give much thought to our swimming pools. Even though the swimming season is over, our vigilance for pool safety should be year round.

To ensure year round safety, make sure the following measures are taken to avoid accidents.

• Even though the pool isn’t in use, make sure there is ample lighting in the pool and around the area. If your pool is not equipped with a light, be sure to illuminate the perimeter of the pool with outdoor lights from your neighborhood home improvement store. Seeing the pool helps avoid falling into it and both animals and humans will benefit from this.
• Be sure to lock the gate. If your pool has a fence make sure there is a working lock on it. If you use a pool maintenance service, give them a copy of the key to gain access as needed. Curiosity about swimming pools is year-round for small kids, and some pets, so lock it up.
•  Get a motion sensor. If you have kids, pets, or both, think about investing in a motion sensor. For a relatively limited cost, you can have peace of mind. Anytime something or someone breaches the pool area, an alarm will notify you. Various sensitivity levels are available.

We want you to keep your family and visitors safe during the coming months by taking some of these preventive measures. However, if you or a loved one has been injured due to a pool area's negligent upkeep, contact Florida Personal Injury Attorney Jeffrey Sexton.

Halloween Safety Tips

Halloween is fast approaching. Kids and adults are picking out their costumes. But as exciting as this holiday can be for all, it is important to practice safety to avoid hazards.

If you live in a residential area and are expecting trick-or-treaters this year, practicing these preventative measures will ensure a happy and safe Halloween for visitors to your home.

• Make sure your property is well lit.

It is important that pedestrians have a clear and visible path from the sidewalk to your doorstep. Most will be wearing costumes and have compromised vision already, so make it as easy and safe as possible for them. Be sure to have ample lighting and avoid having any flames near the walking path.

• Put pets away.

Like the Fourth of July, Halloween is a dog's least favorite holiday. Instead of fireworks, it's an endless barrage of doorbell ringing... which is pure torture for any dog. Find a safe place for your pooch to hang out and get the ol' pup a rawhide to pass the time. Safety is also an issue. Many dogs don't reciprocate well to costumes, so keep that in mind as well. While you may know it's Darth Vader wanting a snickers bar, man's best friend may think the tike is a home intruder.

• Know what you're handing out.

If you're handing out candy, before you do -- check it. You remember being taught about stranger-danger, and Halloween candy scares as a kid? It still rings true today and perhaps more than ever. Buying candy that is individually wrapped is the best way to go. Before you hand it out, peruse it and discard any candy that is open, melted, or any that has a compromised wrapper. Avoid handing out baked goods, confections, etc. Should a child become sick or worse, you could be held liable. Parents are advised not to accept any home made goods and they should be thrown away.

In addition to these few safety tips, attaching reflective tape to costumes makes you more visible to vehicles if you plan on trick-or-treating at night. Also, stay in groups for added safety and carry a flashlight. Never walk through parks and never take unknown and unilluminated routes home.

We hope you have a safe and Happy Halloween from The Law Office of Florida Personal Injury Attorney Jeffrey Sexton!

The Greatest Risk Of Returning To School Is Approaching And Leaving The Bus

As summer comes to an end, you will notice a significant increase in traffic as children return to school. The National Highway Safety Administration (NHTSA) reports "For twenty-three million students nationwide, the school day begins and ends with a trip on a school bus. The greatest risk is not riding the bus, but approaching or leaving the bus."

With increased traffic there needs to come increased awareness from all who share the road.


Safety Tips For Students

- When waiting for the bus, wait in the designated area only. Make sure to stay clear away from the street so the bus has plenty of room. Mirrors and other parts may surpass the dimensions of the vehicle and can easily strike a bystander.

- When entering and exiting the bus, ALWAYS cross in FRONT of the driver. All buses are equipped with rear stop sign to impede traffic behind from passing. With that being said, look both ways.

- Never hang out of a window or throw anything from it. The smallest object could cause a catastrophic accident on the road.

Safety Tips For Motorists

- Whether you have children or not, familiarize yourself with school zone rules. Always obey the reduced speed signs. Many states enforce school zone laws even when school isn’t in session.

- Never pass a bus that is stopped and letting children on/off. All school buses are equipped with a stop sign on the rear and it is to be obeyed as any permanently fixed sign.

Make sure to always buckle up and obey traffic laws. Be aware of the time. If it is morning or afternoon there is a good chance students are in the area.

Astronaut Loses Life In Jet Ski Accident

Sadly, retired NASA astronaut Captain Alan Poindexter was killed after a jet ski operated by his son, Zachary, collided with the jet ski Capt. Poindexter was riding. Reports stated that both of the jet skis were in motion when the astronaut suddenly stopped. His son did not see him and the jet skis collided, striking the Captain.

Regrettably, this type of accident is not uncommon. The Florida Fish and Wildlife Conservation Commission stated in a 2011 report that personal water crafts were involved in 22% of reported boating accidents. Of those accidents, 7 fatalities were reported.

It's important to follow safety rules and regulations when operating one of these vessels.

Water Ski Regulations from The Florida Fish and Wildlife Conservation Commission:

• The operator of a vessel towing someone on skis or another aquaplaning device must either have an observer, in addition to the operator, on board who is attendant to the actions of the skier or have and use a wide-angle rear-view mirror.
• No one may ski or aquaplane between the hours of 1/2 hour past sunset and 1/2 hour before sunrise.
• No one may water ski or use another aquaplaning device unless they are wearing a U.S. Coast Guard-approved non-inflatable Type I, II, III, or V personal flotation device (PFD). Inflatable personal flotation devices are prohibited for skiing/aquaplaning.
• No one may ski or use another aquaplaning device while impaired by alcohol or other drugs.
• The operator of a vessel towing a skier may not pull the skier close enough to a fixed object or another vessel that there is risk of collision.

If you or a loved one has been injured in an accident, or if a loved one has been killed, contact Florida Personal Injury Attorney Jeffrey B. Sexton any time, day or night.

Reinstate The Ban On Assault Weapons

There is a long time debate whether guns kill people, or people kill people.

However you look at it, the fact is; people with guns kill people. This is evident in the recent Aurora, Co. shooting. Could this have been prevented?

Whenever a mass murder takes place in our country, we as a nation become polarized when it comes to the second amendment. Our right to bare arms is one of our most talked about and controversial pieces of legislation in our Bill Of Rights.

But, when they adopted it in 1791, did law makers ever hear of an AR-15? A sub machine uzi? Even a Tommy gun? Nope.

The semi-automatic weapon is as dangerous as an automatic weapon. The difference being, that semi - automatic requires you to pull the trigger after each round. An automatic allows you to hold the trigger and dispense at will. Neither semi-automatic or automatic seem to be conducive to squirrel hunting. So the question remains; Why on earth would someone need such a weapon? Especially a private citizen?

In 1994 enough people asked this very question... Enough in fact to merit a ten year ban on assault rifles in the U.S. Unfortunately, that ban expired in 2004 and no attempts to reinstate it have been made. Since then, Americans have been stockpiling, and legally obtaining semiautomatic weapons via the internet and in person with very little difficulty.

Again, who needs these weapons? Hunters? Unless you’re hunting a deer with gang ties, you’re probably over armed.

The fact is, NOBODY needs them. At least, nobody in the private sector. Gun enthusiasts will just have to get excited about what’s available to them. Staunch efforts to reinstate the ban are underway. Incidents like this should awaken us to the realities and dangers of allowing citizens to obtain such heavy fire power.

Americans should have the right to bear arms. A shotgun, rifle, handgun. Not the same weapons we issue our Marines on the front line. We don’t allow people to drive an Abrams tank on the freeway or to park a Chinook Helicopter in their driveway... Why are we allowing military grade weapons into the hands of citizens?

Motorcycles Dubbed "Donorcycles" By Medical Professionals

In 2000, Florida Legislature repealed their mandatory helmet law for motorcyclists. Today, it turns out that getting rid of helmets did in fact save lives, just not the lives of the motorcyclists. Michigan State University researchers found an unanticipated, life saving benefit that resulted in Florida’s abandoned helmet laws, “Our central estimates show that organ donations due to motor vehicle accidents increase by 10% when states repeal helmet laws.”

Helmet-less bikers have become so “generous” with their organs that the medical community have designated these bikes as “donorcycles.” These statistics have been fortuitous for people in need of a liver, kidney, heart or other organ transplant.

Reports done by the Centers for Disease Control state that while motorcycles make up about 3% of the registered vehicles on the road, they now account for 14% of all traffic fatalities. And while the over all number of traffic fatalities has fallen since 1949, motorcyclist deaths have been on the incline, up 4% in Florida alone.

In just the past week, the Centers for Disease Control found a correlation between the reversal of motorcycle helmet laws and deaths among bikers without helmets. Helmet-less fatalities showed to be 5 times more frequent in states without mandatory helmet laws. The Centers for Disease Control stood by the fact that it’s safer to ride with a helmet than without. However in 2000, biker groups in Florida argued exactly the opposite -- that helmets were in fact hazardous despite all of the evidence proving otherwise. The bikers cited a study claiming that helmets increased the risk of a spinal injury however researchers at Johns Hopkins University School of Medicine state otherwise.

Professor Adil H. Haider led a study in 2011 that found helmeted riders were 22% less likely to suffer cervical spine injury. “We are debunking a popular myth that wearing a helmet while riding a motorcycle can be detrimental during a motorcycle crash,” says Haider. “Using this new evidence, legislators should revisit the need for mandatory helmet laws,” Haider said. “There is no doubt that helmets save lives and reduce head injury. And now we know they are also associated with a decreased risk of cervical spine injury.”

To add insult to injury, taxpayers are getting the bill when these bikers ride sans helmet and end up in public hospitals. A study done in California found that biker accidents result in the public paying for 72% of the medical costs. The National Highway Traffic Safety Administration found that $1.3 billion per year could be saved if motorcyclists could be coaxed into wearing protective head gear.

In the mean time, organ recipients will continue to be the only beneficiaries to the bikers repealed helmet law.