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.

Monday, July 15, 2013

The Dangers Of Overloading A 15-Passenger Van

Summer time brings more people out on the roadways throughout Florida and the rest of the country, and many will be doing so in a 15-passenger van. This type of vehicle is a popular mode of transportation, especially for church groups, sports teams, and summer activity organizers. However, many are unaware that the risk of fatal rollover accidents is exceptionally high with these types of vehicles. The National Highway Traffic Safety Administration (NHTSA) urges people to take proper precautions to "guard against the possibility of a tragic rollover crash."

15-passenger vans are incredibly sensitive to loading. Overloading the van makes the vehicle unstable and increases the risk of a rollover accident. Passengers are also under greater risk of an accident due to many drivers lacking experience handling a larger vehicle. Tire pressure is a major contributing factor in rollover crashes. In a recent NHTSA survey, it was estimated that 30 percent of 15-passenger vans have "at least one significantly under-inflated tire by 8 psi or more." Because tires degrade over time, many tire manufacturers advise that tires 10 years old or more not be used at all. Another facet of the high number of fatalities associated with 15-passenger van rollovers is the disproportionate amount of passengers not wearing seat belts, 88% of people killed were not wearing a seat belt.

If your summer plans include a ride in a 15-passenger van, here are some safety tips from the NHTSA to make sure your trip is a safe one:
  • Never overload the vehicle. Agency research shows overloading not only increases rollover risk but makes the vehicle more unstable in any handling maneuvers. 
  • Make sure the vehicle is regularly maintained, and that drivers are properly licensed and experienced in operating a 15-passenger van. 
  • Have suspension and steering components inspected according to the manufacturer's recommended schedule and replace or repair these parts as necessary. 
  • Ensure that vehicles are equipped with properly sized and load-rated tires. 
  • Check the tires for proper inflation and signs of wear or damage. Correct tire size and inflation pressure information can be found in the owner's manual and on the door pillar. 
Contact Florida Personal Injury Attorney Jeffrey Sexton at 888-293-1144 if you or a loved one has been injured or killed as a result of an accident in a 15-passenger van.

Monday, July 1, 2013

Florida Has Strict Rules When It Comes To Building A Residential Swimming Pool

The Florida Legislature has strict rules and regulations when it comes to the building and approval of residential swimming pools. Florida is a state where we spend a great deal of our time outdoors. In doing so, we run a high risk of injuries and death caused by outdoor activities, such as swimming.

After lengthy review, The Florida Legislature found that drowning is the leading cause of death in young children and medically frail elderly people. Not surprisingly, they also found that constant adult supervision is essential in reducing the number of drownings and near drownings.

In an effort to reduce drowning and near-drowning incidents, the Residential Pool Safety Act was passed. In order to combat lapses in supervision, the act requires each new residential pool to be equipped with a safety feature designed to deny, delay, or detect unsupervised entry to the swimming pool, spa, or hot tub area.

It is now required that all new residential swimming pools, spas, and hot tubs be equipped with at least one pool safety feature as specified by the Legislature. All in an effort to prevent the enormous health care, loss of productivity, and legal costs associated with drowning and near drowning incidents each year.

For more information on the safety rules and regulations set forth by the Florida Legislature click here to view the entire ruling. Contact Florida Personal Injury Attorney Jeffrey Sexton at 888-293-1144 if you or a loved one has been injured or killed as a result of a drowning or near drowning incident.

Thursday, June 27, 2013

Drowning Is The Second Leading Cause Of Death For Children

Some of the most deadly accidents are those that involve water. Drowning and near-drowning accidents can occur in private residential pools, hotel pools, parks, water parks, and other places where there is a lack of supervision. Drownings can also occur because of faulty gates, pool drains, and other hazards.

Drowning is the second leading cause of death for children ages one to 14 years old. From 2005 to 2009, there were 3,533 fatal unintentional drownings in the United States. When a person survives a near-drowning accident, their lives are often forever changed as near-drownings often result in severe brain damage from the lack of oxygen. Brain damage may result in long term disabilities such as learning disabilities, memory problems, and permanent loss of basic functioning. Sadly, many of the horrible accidents that claim young children as victims are a result of negligence. The parents and families are left to suffer unimaginable grief and a lifetime of medical care and expenses.

Some factors that influence drowning risk are lack of swimming ability, lack of fencing, lack of supervision. Research has shown that taking formal swimming lessons reduces the risk of drowning among children 1 to 4 years old. Additionally, learning how to perform CPR has been shown to save lives and produce better outcomes for near-drowning victims.

Contact Florida Personal Injury Attorney Jeffrey Sexton at 888-293-1144 if your loved one has suffered or lost their life as a result of a drowning or near drowning accident.

Wednesday, June 5, 2013

Property Owners Have A Legal Responsibility To Repair Potential Hazards

When property owners allow others to enter their property, either by opening the property to the public or inviting people onto it, they have a legal responsibility either to remove or repair potential hazards on the property or warn their visitors about them.

Have you or someone you know been injured in a slip and fall incident at a grocery store, mall, or other commercial facility? Have you been assaulted in a poorly monitored, poorly lit, or poorly maintained parking lot? Have you suffered any other injuries due to a property owner's failure to look out for the safety of visitors? If so, you may have a claim for compensation under our state's premises liability law.

Common circumstances in which property owners are found legally liable for the injuries of their guests include the following:
  • Wet or slippery surfaces
  • Inadequate security or lighting in potentially unsafe areas
  • Uneven surfaces that do not present an obvious hazard
  • Malfunctioning elevators, revolving doors, or other such devices
After any such incident, contact our office immediately to speak directly with an attorney experienced in handling these cases. Many times people will scurry away from a situation in public due to embarrassment. Don't let pride get in the way of compensation. Your ego will heal on its own, a cracked vertebrae however, requires costly medical attention.

Contact Florida Personal Injury Attorney Jeffrey Sexton at 888-293-1144 if you or a loved one has been injured as a result of a slip and fall accident.


Tuesday, May 7, 2013

The Dangers Of Crosswalks

Marked crosswalks are safety devices put in to place to prevent tragedy. Most jurisdictions give the pedestrian the right-of-way when within them. Interestingly, there is strong evidence that marked crosswalks prompt many pedestrians to feel overly secure when using them. As a result, pedestrians place themselves in hazardous situations on the mistaken belief that a vehicle can and will stop -- even when it may be impossible to do so. It isn’t unusual for this type of pedestrian behavior to cause rear-end collisions when motorists are forced to brake abruptly.

In contrast, a pedestrian using an unmarked crosswalk generally feels less secure, less certain that the vehicle will stop and exercises more caution when waiting for safe gaps in traffic before crossing. Consequently, fewer accidents occur in unmarked crosswalks.

This isn’t to say that jay walking is encouraged, however, when extreme caution on the part of the pedestrian is exercised the number of accidents are reduced. A marked crosswalk is nothing more than a false psychological barrier that gives both pedestrians and motorists a disadvantage. It is good in it’s intent, but can be dangerous when oncoming traffic is ignored.

Many tourists who aren’t familiar with an area often times fall victims to these circumstances, as well as the elderly. It is wise to always look both ways and make eye contact with motorists to convey your intent. Never enter traffic until it is absolutely safe to do so.

Tuesday, April 16, 2013

What To Do When Involved In A Pedestrian Accident In The State Of Florida

Florida is an outdoor state. Sure, all states are "outdoors" but Floridians are able to spend time outdoors year-round. With that comes a high volume of pedestrian traffic. Shirtless surfers, joggers, speed-walkers, dog walkers, etc. Sometimes it's just an after dinner stroll around the block. Unfortunately, disaster doesn't discriminate whether you were jay-walking or using a cross-walk.

If you or someone you know has been injured or killed in a pedestrian versus automobile accident you may be entitled to compensation. Fast-moving, heavy motor vehicles create obvious dangers for pedestrians, and one of the most serious responsibilities imposed on drivers is that they must keep their eyes on the road and take all possible steps to avoid hitting anyone who is on foot.

Clearly, if you were hit while crossing at a crosswalk on a green light, the driver will generally be held responsible. But even if you were not following the rules for pedestrians, you may be entitled to compensation, depending on the specific circumstances of the accident.

Jaywalking may be technically against the law, but that does not give drivers free rein to cause accidents anytime a pedestrian steps off the curb and into the road. Drivers must use good judgment and make reasonable efforts to avoid causing pedestrian accidents.

Contact Florida Personal Injury Attorney Jeffrey Sexton at 888-293-1144 if you or your loved one has suffered or lost their life as a result of a pedestrian accident.

Tuesday, April 2, 2013

When Should You Contact A Lawyer After A Brain Injury?

When a brain injury is sustained it often requires prompt and intense treatment. After a brain injury, even a mild concussion, it is imperative that one seeks medical help as quickly as possible. Brain injuries can progress over time, and occasionally, without any notice. If not properly treated, a worsening brain injury could result in damages too extensive to repair.

A brain injury ranges from mild to severe. The term "mild" can be misleading, mild brain injuries refer to the severity of the physical trauma that resulted in the injury. It does not indicate the severity of the injury's consequences. Mild brain trauma can result in: confusion, disorientation, unconsciousness lasting 30 minutes or less, amnesia during the time of the injury, seizures, headaches, dizziness, lethargy, vomiting, and poor concentration.

There are two types of severe brain injuries, closed and penetrating. Closed is an injury to the brain caused by movement within the skull. This type of injury could result from a motor vehicle crash, a fall, or being struck with an object. Penetrating is a result of a foreign object entering the skull. A penetrating injury could be a caused by being struck with a sharp object or a firearm.

The short and long term affects of a severe, non-fatal brain injury include: amnesia, issues with cognitive and motor function, depression, anxiety, aggression, impulse control, personality changes, and changes in hearing, vision, and perception.

According to the Centers for Disease Control and Prevention (CDC), severe brain injuries play a part in a significant number of permanent disabilities and death in our country. Traumatic brain injuries cause a third of all injury related deaths in the US. Each year, roughly 1.7 million people suffer a traumatic brain injury.

These types of injuries can greatly affect a person's life, including employment, relationships with family and friends, one's ability to do simple household tasks, as well as the ability to take part in social activities. Since medical care associated with a brain injury is so costly, those who have suffered this type of injury may receive a sizable medical bill. Additionally, the affects of a brain injury can be life long and debilitating.

Contact Florida Personal Injury Attorney Jeffrey Sexton at 407-293-1144 immediately if you or someone you know has suffered a brain injury due to the negligence of others.