According to bradenton.com, on Wednesday, March 3, 2010, an elderly couple were killed in a crash on a Sun City Center street. It appears that a car driven by Robert Blue turned left in front of a truck driven by Jinger Marino. Mr. Blue’s wife, Marjorie Blue, was a passenger in her husband’s vehicle and was deceased at the scene. Mr. Blue later died at a Tampa hospital. Mr. Marino is in a Tampa hospital with serious injuries. The crash currently remains under investigation by the Florida Highway Patrol.

Jinger Marino would possibly have a claim against the Estate of Robert Blue if it is confirmed that Robert Blue violated his right-of-way. Jinger Marino would also have a claim against any available underinsured motorist benefits.

On Tuesday, March 2, 2010, General Motors announced a recall of 1.3 million vehicles for power steering related problems. The models affected by the recall are the 2005-2010 Chevrolet Cobalt, the 2007-2010 Pontiac G5, the 2005-2006 Pontiac Pursuit (sold in Canada) and the 2005-2006 Pontiac G4 (sold in Mexico). Owners of the vehicles have reported that the power steering would go out occasionally and then sometimes become more frequent. Jamie Hresko, General Motors Vice President of Quality, said in a statement that “it tends to occur in older models out of warranty.”

If the power steering goes out, a chime should sound and a warning light or message should be displayed. The vehicle can still be steered, but it will require more effort at speeds under 15 mph.

The loss of power steering could be a very serious concern and possibly hazardous for senior citizens or those with physical limitations or disabilities.

According to the baynews9.com website, a motorcyclist was killed on Monday evening, March 1, 2010, on U.S. 301 in Riverview. The motorcycle was operated by James R. Cameron of Riverview. He was traveling southbound on U.S. 301 when a Dodge Dakota pickup, driven by a 16 year old, attempted a left turn directly in his path. Mr. Cameron was ejected from the motorcycle and died at the scene.

Unfortunately, in the State of Florida, motorcycles are not considered “motor vehicles” and are not required to carry insurance. However, if Mr. Cameron owned a vehicle that is required to carry insurance coverage, his family may have a possible claim against any uninsured motorist coverage. They would also have a claim against the 16 year old driver of the vehicle that struck him, the owner of that vehicle and also possibly the adult that signed for the teenager’s driver’s license. Florida law provides that anyone who signs for a teenager to obtain a driver’s license is responsible for the actions of that teen until they become 18 years of age.

Victims of negligent drivers may not have the protection they think. While a negligent driver will likely have sufficient insurance coverage to pay for whatever property damage they cause, with limited exception, Florida has no legal requirement that they carry Bodily Injury Liability Coverage (BI). BI is insurance that will compensate victims for injuries caused by a negligent driver. In essence, Florida’s insurance laws currently place more value on the automobile than the person operating it.

In Florida, automobile operators must carry only two types of insurance coverage. First, they must carry a minimum of $10,000 of Property Damage Liability Coverage (PDL). PDL affords protection to victims of negligent drivers for any damages caused to their automobiles or other personal property. Secondly, all automobiles registered and licensed in the State of Florida, must carry a minimum of $10,000 in Personal Injury Protection Coverage (PIP). PIP affords benefits to the named insured, relatives residing in the same household, persons operating the insured motor vehicle, passengers in such motor vehicle, and other persons struck by such motor vehicle and suffering bodily injury while not an occupant of a self-propelled vehicle, for loss sustained by any such person as a result of bodily injury, sickness, disease, or death arising out of the ownership, maintenance, or use of a motor vehicle. These benefits will normally pay 80% of any reasonable medical expenses incurred as a result of such loss, as well as 60% of any lost wages, up to a combined limit of $10,000. These benefits are afforded regardless of fault and are often referred to as no-fault insurance.

Although victims of negligent drivers will normally have their own PIP benefits available for necessary medical treatment, often such coverage is wholly insufficient, especially in catastrophic cases. Additionally, PIP does not provide benefits for pain and suffering, mental anguish and other non-economic losses that often accompany automobile related injuries. Absent BI, victims are often left with mounting medical bills and insufficient compensation for the losses they have suffered.

Florida is in the minority of states that do not require BI. In fact, the Florida Department of Financial Services, in its’ Consumer Guide to Automobile Insurance, provides that Florida law prohibits insurance agents and companies from requiring you to buy such coverage, notwithstanding that it can provide added protection from risk. The only exceptions to this rule can be found in Florida’s Financial Responsibility Law. Those that have had their license revoked for being a Habitual Traffic Offender or any other serious offense necessitating revocation, and/or have had their license suspended for excessive points or been at fault in an accident involving personal injuries, must carry a minimum of $10,000 in BI for any one person and $20,000 for two or more persons . A person who has had their license revoked for DUI must carry $100,000 in BI for any one person and $300,000 in BI for two or more persons.

According to Bradenton.com, a Ryder truck slammed into the rear of a stopped school bus this morning, February 16, 2010, on State Road 64 East. The bus had stopped to pick up a Haile Middle School student and had its lights flashing and stop sign extended, when a Ryder truck crashed into the rear of it. The student was taken by ambulance to Lakewood Ranch Medical Center. The truck driver is claiming that his brakes failed.

A spokesperson for the school district advised that the children on the bus were wearing their seat belts, possibly preventing more injuries.

This horrible crash brings to light several issues. First, the school district advises that the students on the bus were all wearing their seat belts. Seat belts are not required on buses and the fact that the students on this bus were wearing seat belts, possibly prevented more serious injuries. The second issue is that the driver of the truck claims that his brakes failed. The Florida Highway Patrol will certainly investigate this issue. If the brakes are found to be functioning properly, the driver will probably receive a citation for careless driving. If the brakes are found to be faulty, this would lead to possible claims against the persons who performed maintenance on the truck, or the manufacturer of the truck. Brake issues have been in the news lately with the Toyota recalls and the issues they are having with their brakes.

Lastly, this crash also brings to light rental vehicle liability. The Graves Amendment provides that rental vehicle owners have minimal liability for crashes caused by the negligence of their renters. The Graves Amendment is currently on appeal.

On February 4, 2010, CNN.com reported that the National Highway Traffic Safety Administration is launching an investigation into braking problems on the 2010 Toyota Prius hybrid. Apparently there is a 1 second lag time from the time the brake pedal is pressed to the time that the ABS brakes engage. This means that the driver would not feel the brakes engage when the brake pedal was pressed. This amounts to approximately 90 additional feet traveled prior to braking when the car is moving at highway speed.

According to February 5, 2010 articles in the Bradenton Herald and on CNN.com, braking problems also may exist in hybrid vehicles made by Ford, Mercury & Lexus. All of these vehicles may utilize the same type of braking system and software which is a potential cause of these problems.

If you have purchased a 2009 or 2010 hybrid vehicle made by one of these manufacturers, you will want to check with the dealers about recalls or corrections of this problem. On February 8, 2010, Toyota issued a recall for this issue for the 2010 Toyota Prius and the 2010 Lexus HS 250h in the United States, Japan, and Australia. 2010 Toyota Prius made prior to May, 2009 are not affected by this recall. The correction is a software upgrade and does not require any hardware changes.

In the meantime, you will want to be extra cautious when driving these vehicles and keep a little extra following distance from the car in front of you. In case of a delay in the brakes taking hold, keep your foot on the brake pedal.

Product defect and product liability cases are very complicated areas of law and require attorneys with extensive experience.

One would think that the above statement is so obvious that it need not be stated. However, the opposite seems to be true to many people. At any given moment, over 800,000 people are driving while using their cell phones in some form or fashion. Think about it. The odds of you being on the road at the same time as someone using their phone is great.

This is scary, as the odds that someone will be involved in a motor vehicle accident due to the use of a cell phone are increasing. According to a recent National Safety Council study, cell phones are involved in approximately 28% of all crashes. Add in reading e-mail and texting while driving and the percentages may increase even more. This is due to the fact that the reaction time of someone texting is much slower than that of a person drinking and driving. This is becoming a dangerous habit that needs to be broken…..and broken fast.

Currently, 37 states plus the District of Columbia have enacted laws in some form against the use of cell phones and/or texting while driving. Unfortunately, Florida is not one of them. According to www.bradenton.com on February 9, 2010, there are seventeen bills currently pending in the Florida House and Senate aimed at the prohibition of electronic wireless communications devices while driving, including texting. Communicate with your local legislators and tell them that you support the passage of these measures. If enough of us do that, then hopefully this will become a law in Florida. The good news is that more than twenty percent (20%) of the current legislators are sponsors or co-sponsors of these bills. Moreover, Governor Charles Crist is in support of this concept.

The bottom line is that cell phones are becoming a major hazard on the roads. Soon they may even surpass drunk driving as the number one danger. Any measure that can be taken to prevent that from becoming a reality should be taken. This blog was written by Eric Bruce.

According to Bradenton.com, the website of the Bradenton Herald, A 19 year old woman from St. Petersburg was killed Tuesday morning, February 2, 2010 on I-75. Corinna Lyon was traveling south on I-75 when she swerved to miss a ladder. She drove onto the shoulder of the road, causing her vehicle to overturn several times. The Florida Highway Patrol is asking anyone who witnessed the accident to call Corporal Darrell Carroll.

Hopefully, the Florida Highway Patrol’s investigation will determine how the ladder wound up in the road. This may lead to a cause of action against the owner of the ladder or possibly an uninsured/underinsured motorist claim.

On June 16, 2009, the FDA sent a warning letter to Matrixx Initiatives requesting that it stop marketing its Zicam products. The specific products are Zicam Cold Remedy Nasal Gel and kid-size Zicam Cold Remedy Nasal Swabs. According to the FDA, scientists claim that the main ingredient, zinc, may damage nerves in the nose needed for smell. This loss of sense of smell may be life-threatening in that affected people may not be able to smell such things as gas leaks, chemical odors and something burning in their house.
Zicam has never been formally approved by the FDA because it is a homeopathic product. Homeopathic products are not required to have formal approval prior to marketing because they contain herbs, mineral, and flowers.
The recall request will require Matrixx to submit safety and effectiveness data prior to placing the product back out on the market. Matrixx denies the causal link between its product and the loss of sense of smell. Medical records seem to say otherwise.
This may be the first step towards the requirement that homeopathic drugs have formal FDA prior to being launched on consumers. Let’s hope that this is the case, as safety of the public is paramount. People may be more inclined to use these natural remedies in this economy to save costs. The old adages, BUYER BEWARE, and WHAT YOU DON’T KNOW MAY HURT YOU, should be followed before one decides to put something in their body. It could be the difference between life and death.

The Mark Wandall Safety Act is currently progressing through both the Florida House of Representatives and the Florida Senate. This Act provides for cameras to be installed at various traffic signals to catch vehicles running red lights, The cameras take pictures of the offending vehicles and citations are mailed out to the owner of the vehicle. One or more outstanding tickets under this Act will result in the owner of the vehicle being unable to renew the registration of the vehicle or get a new license plate.

Currently, 35 counties in Florida operate or have operated red light cameras, including Manatee County. Orlando has seen a 24% reduction in red-light runners over a seven month period after installing the cameras. Prior studies have shown that red-light cameras reduce the number of accidents at intersections by 25% and red light violations by 40% to 50%.
In spite of these numbers, opponents of the bills are concerned that the installation and maintenance costs for such a system are cost prohibitive. While that may be a concern in these tough economic times, is that really a justification to block a system with such high safety benefits? Public safety should be and is the paramount concern for all drivers. This bill will add to the reduction in rear end accidents once it is in full force and effect.
This bill passed the Florida House of Representatives on April 27, 2009. However, the Senate failed to pass the bill. The dispute in the Senate revolved around the amount of money the State would receive from the red light tickets. It is a shame that money concerns are more important than public safety. Let’s hope that the bill passes next year.