Tuesday, April 28, 2009

Improved School Bus Safety

If there were ever a debate about what the largest mass transportation system was in the United States, a lot of people would lose their first bet, as the largest system is actually thousands of school buses.

They are mellow yellow and are seen in virtually every neighborhood in America, taking on the responsibility of transporting over 20 million kids to school and home and taking them to sporting events and on road trips. "For the most part school buses are a safe way to travel," said Tony Francis of the Francis Law Firm in Orlando, Florida, "however, the statistics do show that school bus accidents account for roughly one third of all fatalities."

They can't help their size and because school buses are that big, they naturally have a higher likelihood of being in fatal collisions. "Recognizing that it was time to do something about the safety issues that have always surrounded school buses, manufacturers, in partnership with national lawmakers, are striving to include three new features for school buses," outlined Francis.

The newer features include something called an Obstacle Detection System, an Integrated Collision Warning System and a Transit Integrated Vehicle Based Safety System. The driver reaction to these additions has, so far, been fairly positive, as these features are being seen as enhancing the bus driver's ability to protect his or her charges.

The Obstacle Detection System extends the driver's sight with ultrasonic sensors on all four corners of the bus. A visual and audible alarm sounds when something is in the buses path within 4 to 8 feet. This is a nice addition to a bus's safety arsenal and helps get rid of some of the driver's blind spots.

The Integrated Collision Warning System has a forward and side collision warning system by using radar and other sensors to track objects around the bus, and the Transit Integrated Vehicle Based Safety System is still being tested, but it appears to reduce hard braking.

School bus safety is a vital issue to everyone, as those buses take the future of our nation to school and beyond. If a loved one has been involved in a school bus collision, do not wait to contact a school bus accident lawyer to obtain justice. Tony Francis of the Francis Law Firm in Orlando, Florida, has an excellent track record for ensuring justice is done for his clients.

To learn more about Orlando injury lawyer, Orlando personal injury lawyer, Orlando accident lawyer, Orlando injury attorney, visit Francislawgroup.com.

When the Bike Hits the Pavement

Everyone knows that when a motorcycle hits the pavement there will be serious injuries or a death. The problem lies in determining who is at fault for the injuries of the survivor or the wrongful death of the biker.

Every day there are motorcycle accidents, and every day bikers either come out of a crash alive, but seriously injured, or lose their lives on the road. It's a well-known myth that motorcyclists are reckless drivers with no regard for the rules of the road or other vehicles. "The fact of the matter is that it is negligent car drivers who are the cause for most bike crashes," indicated Tony Francis of the Francis Law Firm in Orlando, Florida.

An injured biker may file a claim for injuries, pain, damages, loss of income, etc. so long as they are able to show that the defendant was negligent and responsible for the accident. If this accident took place in a state that apportions liability, there may be a different outcome relating to damages if the judge assesses negligence on the part of both parties in the accident.

At all times, anyone involved in a motorbike crash must be acutely aware of the statute of limitations in their respective state. A competent motorcycle crash attorney, such as Tony Francis of the Francis Law Firm in Orlando, Florida, will be able to offer solid advice on how to proceed with a claim. "If the lawsuit is a claim for injuries due to negligence, compensation may be sought for medical bills, loss of earning potential, partial or permanent disability, property damage and psychological suffering," outlined Francis.

Wrongful death lawsuits are similar in some respects to lawsuits for damages, in that wrongful death suits may seek reimbursement for medical expenses, funeral and burial costs, the pain of the deceased, financial compensation for the heirs, as well as loss of companionship, society and love. "The crucial element in a wrongful death lawsuit is that the accident must have been caused by someone else who acted negligently," said Francis.

The negligence may not necessarily be due to an impact with another vehicle; it may also have something to do with the bike manufacturer making a defective product or a parts manufacturer selling a defective part. "Aftermarket parts with performance problems have also been the cause of some motorbike crashes," added Francis.

Keep in mind that there are various laws in each jurisdiction depending on the circumstances of the accident. Also, the cause of the accident will dictate the type of wrongful death case e.g. product liability. It is imperative if a loved one has been involved in a motorbike crash, that the family immediately consult a motorcycle attorney without delay.

To learn more about Orlando injury lawyer, Orlando personal injury lawyer, Orlando accident lawyer, Orlando injury attorney, visit Francislawgroup.com.

Traumatic Brain Injury Recovery Varies

People who suffered a traumatic brain injury, also referred to as a coup/contrecoup injury, have a long road to recovery ahead of them.

Many traumatic brain injury patients find they have a very long road to recovery from the damages their brain has sustained due to impact trauma. The trauma may be as the result of a fall (e.g. Natasha Richardson) or sustained in a car crash, etc. "There is one commonality among all traumatic brain injury patients; medical assessment is crucial when they present to a doctor, and time is of the essence to minimize the damages," said Tony Francis of The Francis Law Firm in Orlando, Florida.

While there is not a lot physicians are able to do after the injury has occurred, they are able to focus on minimizing brain damage by making sure the victim's brain receives sufficient oxygen. Lack of oxygen increases the chances of further damage. "Monitoring the blood pressure is another critical factor, along with ensuring intracranial pressure is under control, " outlined Francis.

There are a variety of ways to treat intracranial pressure, and each one of these areas may be ripe for a medical negligence lawsuit. They include raising the head (or straightening it), for better blood flow, drain cerebrospinal fluid from the ventricles and the use of paralytic drugs. Each course of treatment outlined is often fraught with uncertainties as to the outcome, which makes a doctor's duty of care to the patient a very high one.

"TBI patients are also usually subject to the onset of seizures, often treated with benzodiazepines. Unfortunately these potentially life saving drugs, if used incorrectly, depress breathing and lower blood pressure," explained Francis. The other area where medical errors tend to happen is during surgery to remove hematomas. A craniotomy, which removes a portion of the skull, is used in roughly one third of all patients diagnosed with severe TBI.

In all cases dealing with TBI's it is best to speak with a highly qualified TBI attorney, such as Tony Francis of The Francis Law Firm in Orlando, Florida, who will outline what needs to be done to present the case to the courts. Damages that may be awarded may include money for physical/occupational therapy, speech rehabilitation and psychiatric and psychological counseling. There are other damages that may be claimed as well, however for further information speak to an attorney.

Tony Francis is an Orlando personal injury lawyer. His practice specializes in being an Orlando accident lawyer helping innocent victims get compensation for their losses. To learn more about Orlando injury lawyer, Orlando personal injury lawyer, Orlando accident lawyer, Orlando injury attorney, visit Francislawgroup.com.

The Bigger They Are the Less They See You

It's not such a smart move to travel too close to big rigs while you are rocketing down the nation's highways. The bigger they are, the harder time they have seeing smaller vehicles right next to them.

America's highways are home to many kinds of vehicles, ranging from school buses to passenger vehicles, and from tow trucks to tractor-trailers – the big rigs that are sometimes called double wide because they are hauling two trailer units, not just one. That makes for a lot of truck to pass.

Sharing the road with monsters like a double wide is a bit of a balancing act, and drivers need to be alert and aware of where they are at all times in relation to the rig. Let's talk a bit about just how big some of these units happen to be. Would you believe that a loaded tractor-trailer is up to 8 ½ feet wide? To put this into perspective, that works out to be 102 inches, or 50% wider than your car.

Not only are these units wider, they may also be hauling up to 65 feet of trailer behind them on the road. On the other hand, logging trucks may range up to 70 feet long, which translates into four times the length of an average car. If you’re going to pull out and pass one of these trucks, you had better know what you are doing and have a clear road to do it.

Did you realize that the usual load for a truck with a "single" trailer may range up to 80,000 pounds? Some states allow truckers to haul on a multiple axle basis, which kicks up their load capacity anywhere from 120,000 pounds to 160,000. That is a lot of serious danger on tires and is what can be called a deadly weapon on wheels, even if the driver knows what they are doing.

Sharing the road with these rigs not only means they need to drive responsibly, but that you must also take extra steps to drive safely when around them; for instance, stay out of the truck's blind spots. Sure truck drivers have side mirrors as do car drivers, but both have blind spots. For trucks, there are blind spots on both sides of the vehicle and directly behind it. Be smart. If you can't see the truck's side mirrors, then you are in the blind spot – hurry up and pass or drop back.

There have been TV ads about the dangers of following huge rigs too closely, yet people still do it. The ideal distance from the back of a big rig is at least 25 car lengths. Give yourself room to get out of danger if something happens ahead of the truck.

If you opt to pass a big rig, then don't pull back in front of it the minute you have passed its nose end of the cab. Wait until you are able to see the headlights in your rearview mirror.

Tony Francis is an Orlando personal injury lawyer. His practice specializes in being an Orlando accident lawyer helping innocent victims get compensation for their losses. To learn more about Orlando injury lawyer, Orlando personal injury lawyer, Orlando accident lawyer, Orlando injury attorney, visit Francislawgroup.com.

Thursday, April 2, 2009

Doing It Out of Court

Doing it out of court is sometimes the right answer to getting a case resolved, but that depends on the advice of your lawyer.

If you're in the middle of a personal injury case and the opposing counsel makes a settlement offer, should you consider taking it? That is the 64 million dollar question and there is usually more than one answer to it as well. While an offer is definitely worth considering, you and your personal injury lawyer will have to sit down and consider the overall ramifications of accepting a settlement.

Settlements can take place before or after a compensation claim was filed. If the offer for settlement is coming before you have filed a claim, then the smartest move you can make is to talk to your lawyer. Usually there is more to settlements than meet the eye, and even if you think it looks good, your lawyer may discover a problem or potential trap if you take the settlement at face value and run with it.

If the settlement offer comes after the claim has been filed, then you already have a lawyer who will discuss this latest case development with you before you make plans to proceed or settle out of court. Something you should understand is that either party in a personal injury case is able to make an offer of a settlement. In most circumstances, however, it's the guilty party, etc. who makes overtures of settlement. In some cases, a settlement is useful for both sides.

A good example is settling a personal injury case out of court. This will speed up the time frame for receiving financial damages and allow the injured party to get proper medical treatment a lot faster than waiting for a jury trial and eventual settlement. In other words, victims actually get the money when they need it. The bottom line is that settling early saves both sides a lot of money in court costs and attorney's fees.

You will tend to find that most insurance companies involved in litigation are inclined to offer settlements, again because it is faster and easier for them to deal with the personal injury claim in this expeditious manner. Check out any offers of settling with your experienced attorney who will advise you whether or not it is in your best interest to proceed with a formal lawsuit or take the settlement.

Tony Francis is an Orlando personal injury lawyer. His practice specializes in being an Orlando accident lawyer helping innocent victims get compensation for their losses. To learn more about Orlando injury lawyer, Orlando personal injury lawyer, Orlando accident lawyer, Orlando injury attorney, visit Francislawgroup.com.

TBI Becoming Higher Profile

It's frightening to know that every year in the U.S. there are roughly 1.5 million Americans who will suffer from the effects of a traumatic brain injury that ranges from mild to severe. This number is higher than the number of people who will suffer heart attacks.

Those who do not survive their initial traumatic brain injury (TBI) number over 51,000 and over 230,000 people land in the hospital with TBI and manage to survive. Most of them survive with some significant memory loss and a definite change in personality -- and a dramatically altered life style that changed in the blink of an eye.

Further statistics indicate that over one million people are actively treated in an ER setting for TBI and that roughly $56 billion is spent treating the results of TBI. This is no small potatoes in terms of being a serious and life-threatening event. Once such an injury has been sustained, the victims face dealing with long-term disability and over 90,000 Americans deal with this daily.

The frightening thing about TBI is that it is often misdiagnosed as a bump, bruise or contusion and no further investigations are conducted. This is an injury that does not tend to leave any visible signs; and thus, it goes its silent way, doing more and more damage as it is left untreated. People who have suffered a TBI look normal on the outside, but that can't be said to be true on the inside.

The issue of dealing with TBI has started to be a major concern these days, thanks to the numbers of Iraq war vets returning home with this type of injury. It's on the increase thanks to soldiers bodies being adequately protected from bomb blasts, but the protection they were wearing did nothing to shield their brains from massive concussive explosions.

The national spotlight is hotly focused on this issue now more than ever thanks to the story of ABC News Anchor Bob Woodruff who suffered a brain injury last year as the result of a roadside explosion in Iraq. While cases like this serve as a flash point of knowledge for others who may not know about TBI and its effects, most of the cases aren't happening in the war zone in Iraq. They're happening in traffic accidents. Over 40% of TBIs happen in car crashes.

With all the protective equipment in cars you’d think people would be safer, and not at a higher risk for such serious injuries. Sadly, it is the result of all this extra "protective" technology – air bags, helmets, and seat belts – that has seen an increase in TBIs over the last ten years. Why is this the case? All this stuff that protects us from dying isn't protecting us from injuring our brains.

If you've been in an accident and suffered a TBI, immediately contact a competent TBI attorney who will be able to guide you through the process of obtaining a just settlement from the courts.

Tony Francis is an Orlando personal injury lawyer. His practice specializes in being an Orlando accident lawyer helping innocent victims get compensation for their losses. To learn more about Orlando injury lawyer, Orlando personal injury lawyer, Orlando accident lawyer, Orlando injury attorney, visit Francislawgroup.com.

Drinking and Driving Don't Mix

While most people get the picture that drinking and driving don't mix, there are still those who think the rules don't apply to them because they are the exception and will not get caught.

Drunk driving education has been in effect in all American states for many years now, and yet, devastating accidents continue to happen. "No matter how graphic the pictures of the carnage, crashes due to an inebriated driver are regular occurrences on police blotters across Florida," said Orlando injury lawyer, Tony Francis of the Francis Law Firm in Orlando.

On the upside of this story is the fact that in 2006, drunk driving deaths dropped to 959 fatalities, a significant drop from 2005's number of 1,271. While there is definitely room for improvement here, the numbers are encouraging. However numbers like these are still cause for concern and this is one of the reasons that all 50 states have two statutory offenses for those charged with operating a vehicle while under the influence of alcohol.

"The first offense and it's considered to be the original one," explained Francis, " is called either driving while under the influence (DUI), driving while intoxicated (DWI) or operating a vehicle while impaired (OWI)." What a driver is charged with is usually at the discretion of the police officer that pulls them over. The second offense is called illegal per se, which basically means operating a vehicle with a BAC of 0.08% of higher.

"Floridians are nothing if not creative," indicated Francis, as he outlined an interesting program launched in Maricopa County called DD 24-7 that stands for Designated Drivers 24-7. It was started in December of 2008 and became a virtual overnight success when they offered people and groups (there's even an executive membership) a pick up from where they were drinking and a drive home safely. "The program takes the person's car and them home safely," he added.

It's a fairly straightforward service. Anyone who has been drinking and isn't able to drive calls DD 24-7 and within 30 minutes a team of designated drivers shows up. The first driver handles the member's car, the member, and any guests by dropping them off at home. Driver number two follows along and then takes the first driver back to the office.

Without getting into the wherewithal of payments, tips or any fees that may be required for this service, it's a sign of the times that private individuals are taking matters into their own hands to make a difference in waging war on drunk drivers. Along the way they have demonstrated that people can make a difference in dealing with the problem of drinking and driving by thinking outside the box. Would the government have the same capacity to address this issue in a more successful manner?

"Drinking and driving is not the smartest thing to do," commented Francis, "but if you do indulge and get stopped, do not take any of the roadside sobriety tests. Wait until you have contacted an attorney before you say a word. It may mean a trip to the police station, but on the other hand, it may also mean I might be able to save your license," he added.

To learn more about Orlando injury lawyer, Orlando personal injury lawyer, Orlando accident lawyer, Orlando injury attorney, visit Francislawgroup.com.

Breathalyzer Use Still a Point of Contention

It's not rocket science, although one might wonder when faced with some of the latest breathalyzers on the market. The fancier they get, the more legal challenges they generate.

Law enforcement loves breathalyzers for what secrets they tell about a driver suspected of operating a vehicle under the influence of alcohol. The problem lately is that some of the newer models being used in the field – the Intoxilyzer 5000 and Intoxilyzer 8000 – are being fought tooth and nail by attorneys because of the admissibility of the results.

It seems the major problem is that the company that makes these interesting machines isn't in any mood to share their source code. While this may be just a company protecting its technology and the right to protect its patent, etc., it is also a major stumbling block with DUI attorneys who are rightfully pointing out that their clients can't get a fair trial without being able to see if the source code actually works properly and more importantly, accurately.

While this might not concern too many people, it concerns the legal community because recently a Florida judge booted more than 100 DUI cases out of court because the court couldn't get a look at the source code. "This makes a major difference in how people are defended. It's their basic rights we're talking about," stated Orlando person injury lawyer, Tony C. Francis.

The issue is that unreliable or possibly inaccurate source code in these machines may offer inaccurate blood alcohol test results. "If that happens," added Francis, "this may mean convicting innocent drivers." Although many of the courts across the country are ordering manufacturers to cough up the code so the defense may inspect it, there hasn't been much success to date.

Where this issue will end up is anyone's guess, but suffice it to say that it certainly goes right to the heart of an accused's right to have all relevant information at their disposal. If we are charging and convicting people who are innocent of the crime of driving while under the influence, we need to remedy this situation before further injustice is done.

To learn more about Orlando injury lawyer, Orlando personal injury lawyer, Orlando accident lawyer, Orlando injury attorney, visit Francislawgroup.com.