Standard federal law needed to eliminate distracted driving caused by cell phones

by mcrary

As a personal injury attorney in Stuart and Port St. Lucie for the past 23 years, I have seen many developments in technology and driving habits that have helped to improve safety on the road.

Cars and trucks have more safety features like multi-staged airbags and some vehicles can now stop by themselves before rear-ending another vehicle. Driver awareness has increased because vehicle operators know their insurance rates will go up if they cause an accident.

Unfortunately we are all aware of an opposite trend in driving safety: distracted driving.  The main culprit is the ever-present cell phone.

Last year there were more than 3,000 motor vehicle fatalities across the nation associated with cell phone use. Because of this the federal government is looking into a nationwide ban on cell phone use while driving; this may also encompass hands-free use.

Currently, 38 states have laws restricting or banning cellphone use while driving.  The remaining 12 states, including Florida, have considered such laws, but so far their legislatures have not passed any bills.

The patchwork of state laws can cause some confusion in areas where people routinely cross state borders. Because of the mounting death toll, it is high time the federal government take action to standardize laws relating to cell phone use and driving.

Just like driving under the influence of alcohol, distracted driving caused by cell phone use is preventable. All a driver has to do is abide by the law.

The only way to ensure compliance is to put teeth into the law. There are stiff penalties associated with driving under the influence and the same should apply to distracted driving caused by cell phone use.

Newer cars equipped with hands-free technology don’t provide much more safety for distracted driving. A driver must still divert attention from the road to control the phone.  All it takes is a momentary distraction for disaster to ensue.

The U.S. Secretary of Transportation is pushing for a federal law that would ban cell phone use and texting while driving, Reuters reports. When Congress considers a bill pertaining to cell phone use and distracted driving, I encourage you to support the change. Every driver’s and passenger’s well-being depends on it.

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Pain clinic ads create questions about injuries

by mcrary

You should know that advertisements that aggressively pursue accident patients cast a shadow on the legitimacy of all accident claims.

As Bloomberg News reports, providers of these services treat all patients the same. Providers have financial incentives to prescribe treatments that are questionable in their effectiveness.

The message for you is to not base decisions to hire a physician or attorney solely on advertising. Lawyers and chiropractic-medical providers with big advertising budgets are prone to overcharging and rushing cases so they can get paid as much and as fast as possible.

This approach to law and medicine does not benefit the consumer. It also degrades the integrity of the injury-insurance claim system because insurance adjusters now treat all claims as suspicious.

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Attorney, not car insurance adjustor is your friend after an accident

by mcrary

Get smart about how to deal with insurance adjustors who show up after you’ve had an accident. They’re there on behalf of the company, not you.

MSNBC has published an article that gives the inside story on how adjustors work, and how they try to get you less than what you’re entitled to in a claim.

According to adjustors interviewed for the article, those include:

  • Tricking you into compromising your case.
  • Coercing you to use a preferred repair shop.
  • Offering less than fair replacement value if the car is totaled

Don’t offer information and don’t be fooled into thinking you will be getting everything you received. Talk to an attorney who has experience dealing with insurance companies.

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Big-budget TV ads don’t tell the whole story on personal injury lawyers

by mcrary

As a personal injury attorney in Stuart and Port St. Lucie for the past 22 years, I have seen a recent explosion in TV ads for lawyers in my field. When you see how the biggest advertisers handle their cases, you may want to think twice before you hire one.

Recently, a client hired me after receiving a disturbing letter from one of these high-volume law firms. The letter from her former lawyer demanded she either settle the case or sign a power-of-attorney form authorizing the law firm to settle on her behalf.

The woman wanted to wait because she was very concerned about the cost of future medical care and because she thought that the insurance company offer was too low. Her doctor said she needed surgery immediately, but  she  wanted to hold off. There was no waiting at the big-advertising-budget law firm. It told her to either have the surgery or take the insurance offer.

With its huge advertising budget, a high-volume law firm does not have the luxury to allow clients to go slow.  It must turn over cases quickly, even if it means clients get a smaller settlement. To be clear, I’m not one of those firms. I have a few billboards and take out a small newspaper ad every now and then.

The woman came to my office and asked me if I would allow her to wait. I said of course, I would. I told her the client’s best interests come first; it’s right there in the oath every attorney takes when admitted to the Florida Bar.

A year and a half later, the woman decided to have the surgery and she recovered 10 times what the other law firm insisted she settle for. She was attracted to the law firm with its big-budget advertising and slick ads, but she got the legal advice and justice she deserved from my firm.

In another case, a lady hired me after a heavy-advertising law firm insisted she settle for a small amount because she wouldn’t have surgery. The attorneys told her they wouldn’t file a lawsuit for her unless she had the surgery because it was too expensive for them to try a non-surgical case.

We filed suit for her even though she never had surgery and settled her case for five times the offer that the other firm received.  It took longer to get her the money she deserved, but she was more satisfied with the outcome.

Justice can’t be rushed.  The next time you see an expensive TV ad for legal help, ask yourself if the firm cares about  you or will it rush your case  through so it can pay its advertising bill.

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Safer car? Thank a trial attorney

by mcrary

You often read in the press that a trial attorney is suing a big corporation for what the company calls a frivolous cause. What’s not appreciated is how cases brought for injured clients contribute to the well-being of everyone.

American Association for Justice President Gibson Vance recently wrote a guest column for the Washington Post titled “How Our Cars Got Safer.” It explains how the civil justice system has improved vehicle design and operation.

Among the key points that Gibson makes in the article:

  • “History shows that litigation and the civil justice system have served as the most consistent and powerful forces in heightening safety standards, revealing previously concealed defects and regulatory weaknesses and deterring manufacturers from cutting corners on safety for the goal of greater profits.”
  • “…without the civil justice system, gas tanks would still explode in rear-end collisions, seat belts and airbags would not be standard, and cars would roll over onto roofs that would be easily crushed.”

The next time a car salesperson touts the safety features of a vehicle, remember that civil trial attorneys pursued the difficult and often unpopular legal routes that caused the automaker to install those devices that could save your life.

 

American Association for Justice President Gibson Vance penned an op-ed in the Washington Post on how the civil justice system has helped make cars safer.
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Casey Feldman: A Victim of Distracted Driving

by mcrary

Casey Feldman was 21 years old when a distracted driver struck her in a crosswalk. Please take a few minutes to watch the interviews with her Fordham University classmates and mother.

EndDD, which is sponsored by the Casey Feldman Foundation, has as its mission to preserve life and promote safety on a large scale through advocacy, education, and action.

I join with enDD in its hope that we can prevent families and friends from suffering the loss of a loved one because of distracted driving.

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Former Gov. Graham and others question bill to split Florida Supreme Court

by mcrary

A bill that would split the Florida Supreme Court into civil and criminal courts is being questioned by respected politicians such as former governor and U.S. senator Bill Graham and former Chief Justice Gerald Kogan.

Read this article from the Florida Bar News and let your state representatives and senators know how you feel:

Just what exactly is the problem?

That seemed to be the consensus held by a who’s who of Florida’s legal profession as they debated the court overhaul package, HJR 7111, during a conference call on April 14, the day before the Florida House voted for the same piece of legislation, 79-38.

HJR 7111 would amend Art. V of the Florida Constitution, dividing the state Supreme Court into two separate divisions, adding three additional justices, and adding Senate confirmation of Supreme Court justices, among other things.

“There is no statistic to show that the court is overloaded right now,” began former Supreme Court Justice Raoul Cantero in his opening comments about the House’s proposal to split the court into two divisions. “Nobody in the Legislature has identified any statistics that would show an increase in justices is necessary. Our state Supreme Court has operated with seven justices for the last 70 years. There’s no reason to be changing it now.”

Read more at Florida Bar News.

Contact your Florida senator.

Contact your Florida representative.

Former Chief Justice Gerald Kogan
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Try driving and texting online to see just how risky they are together

by mcrary
New York Times graphic

Texting and driving? Talking and driving? You’re putting yourself in greater danger than you think.

Studies find that using a cellphone while driving has been connected to thousands of car accidents that resulted in a death in a year’s time and more than one-half million accidents in that same time period.

Get educated on the risks in a comprehensive New York Times report on how cell phones put drivers and everyone else on the road at risk.

The Times has a video on distracted driving, read an article on how distracted driving has been equated to drunk driving, and more. They are all at the newspaper’s online section titled, “Driven to Distraction.”

If you’re convinced that texting is dangerous but cannot resist the temptation, read the article about a service that will help you.

Don’t believe the statistics? Take a virtual road test: See just how well you can adapt to the road while answering text messages.

And be careful out there.

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“Life’s a Beach” Luncheon to Benefit Alzheimer’s Community Care

by crarylaw
800 Northpoint Parkway, Ste. 101-B

West Palm Beach, FL  33407

FOR IMMEDIATE RELEASE

Pre-Event Contact:

Carrie Kufta, Vice President of Development

Alzheimer’s Community Care

772-683-2700

CKufta@alzcare.org

Grand Honoree is Mercie Peach and Rick Crary to Speak

(Stuart, FL, February 14, 2011) — Catch a wave at “Life’s a Beach”, the annual luncheon benefiting Alzheimer’s Community Care!  This fun and fabulous event takes place at Harbour Ridge Yacht & Country Club in Stuart on Friday, March 18 with a beach-chic reception starting at 11:00 a.m. and lunch beginning at noon.  The reception will feature a tropical auction with enticing themed baskets up for grabs and the luncheon will feature a presentation: “A Bridge to Our Past,” by Rick Crary.  Rick is the grandson of Stuart pioneer Evans Crary Sr. and he will share some of the rich history of Martin County and his family’s role in shaping our community.  The luncheon will also honor Mercie Peach, for her tireless devotion to Alzheimer’s Community Care and as a tribute to her role as a caregiver to her late husband, Bill Peach.  Tickets are $65 per person and all funds raised will provide assistance to Treasure Coast family caregivers and their loved ones living with Alzheimer’s disease and related disorders.  “For every dollar raised at this event, 87 cents will go directly to care and that will surely make a difference in our families’ lives,” stated Mary M. Barnes, CEO of Alzheimer’s Community Care.

Co-Chairs, Sue and Ray Riddell are making waves, along with their excellent committee, in preparing for this annual fundraiser.  These dedicated volunteers are working hard to raise funds and bring awareness to the need to provide services to the growing number of Alzheimer’s patients and their families in our area.  “Life’s a Beach” Committee Advisor is Mercie Peach and committee members are: Yolanda Cosme, Suzanne Flannery, Elizabeth Guild, Beverly Jones, Terry Kish, Ellen Peitz and Sue Shipper, Terry Seyffart and Susan Whittington.   “Life’s a Beach” media sponsors are Stuart Magazine and Scripps Treasure Coast Newspapers.

Come out and celebrate “Life’s a Beach” at Harbour Ridge Yacht & Country Club on March 18.  For sponsorship or ticket information, please visit www.alzcare.org or call 772-223-6351 or 561-683-2700.

The mission of Alzheimer’s Community Care is to promote and provide specialized, quality, compassionate care within a community-based environment to patients and caregivers living with Alzheimer’s disease and related disorders.

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Caps on damages: Denying your access to the courthouse

by mcrary

As a personal injury lawyer practicing in Stuart for the past 21 years, I’ve watched trends come and go. One trend that has persisted is the U.S. Chamber of Commerce’s drum beat for tort reform. They call it reigning in lawsuit abuse. We call it denying you access to the courthouse when you need it.

Another way to look at the Chamber’s position is they are lobbying for the rights of wrongdoers. That’s like pushing for reduced punishment for criminals. If someone gets seriously injured, that person should be compensated for medical bills, lost wages and loss of quality of life.

The U.S. Chamber is pushing to limit YOUR right to recover damages when you are legitimately injured. The spread false information about silly lawsuits to enrage the public. That outrage hurts legitimate suits which the Chamber also wants to limit.

The fact is there are many restrictions currently in place which significantly restrict an injured person’s right to sue for damages.  In Florida, right now, a lawyer and client who file a frivolous lawsuit can be ordered to pay the other side’s attorneys fees and costs.

Another example in Florida is a motor vehicle crash victim may not file a lawsuit unless he or she has medical evidence of a permanent injury. These are just two examples of reasons to avoid a questionable case.

These types of rules are not enough for the chamber that will not be satisfied until our civil justice is dismantled and civil suits are a thing of the past. If we applied their approach to professional baseball, they would want to abolish baseball because a handful of selfish and undisciplined players used illegal steroids.

Is that an appropriate remedy for what those players did? Of course not.  They have been singled out and punished accordingly. The entire game did not need to be destroyed.

I recently came across a very sad story about a 14-year-old Maryland boy who was paralyzed from the neck down and sustained brain damage. He was hit by an off-duty police officer who was speeding through his neighborhood. The officer was going 56 mph in a 30 mph zone. (Read the story here.)

Because of Maryland law, the injured boy was limited to $400,000 in damages. He requires round-the-clock medical care. His case was probably worth millions of dollars, but state law limited how much he could recover.

When the money he did get runs out, he will have to go on welfare and Medicaid. Is that fair? Is the U.S. Chamber of Commerce proud that this 14-year-old boy was limited in what he could recover for the horrendous injuries and loss he suffered?

This is the dangerous and sad road the the Chamber wants to lead you down.

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