Two Pedestrians Killed Outside Their Disabled Vehicle

August 20, 2008

On August 17, 2008, two pedestrians were killed outside their disabled vehicle on the ever treacherous Interstate 4 in Hillsborough County, Florida.  According to the Florida Highway Patrol, Jessica L. Dailey and John L. Bell were standing outside of their disabled vehicle in the emergency lane when they were struck by a 2002 Buick that reportedly swerved into the emergency lane to avoid a potential collision with a vehicle in front of the Buick. 

 

Ms. Dailey died at the scene while Mr. Bell, was taken to the local trauma center, Tampa General Hospital, where he later expired.  The driver of the Buick, Michael A. Redish, was also seriously injured.  This was a tragic chain-of-events, and based on the limited amount of information available, looks like it could not have been avoided.  The investigation continues and charges are pending.

 

Various organizations publish safety information for drivers and passengers on how to stay safe when your vehicle becomes disabled.  According to AAA:

  • Move your vehicle off the road safely away from traffic.
  • Stay inside your vehicle, and make all passengers stay inside, too. Keep doors locked.
  • If you can’t move your vehicle off the road, ask all passengers to exit the vehicle when it is safe to do so, and stand away from traffic.
  • If you must walk to a phone, keep your group together.
  • Raise the vehicle’s hood, tie a white cloth to a door handle or use reflective triangles or flares. Warning devices should be placed far enough away from the vehicle to give oncoming traffic time to react. A good rule of thumb: 3 devices at 100, 50 and 25 yards from the vehicle - or 300, 200 or 100 feet.
  • Only roll down the window enough to ask any passersby to call police.

For Florida residents, the Florida Highway Patrol also publishes its own advice for drivers:

  • Signal, slow down gradually, and carefully pull off the road on to the shoulder.
  • Switch on emergency/safety flashers.
  • Raise vehicle hood
  • Never stand behind or directly in front of your vehicle.
  • Remain in your vehicle unless you think your vehicle may be struck from behind.
  • Call or wait for assistance.

I’m not saying that any of the above would have prevented this specific tragedy but certainly sounds like good advice to follow in the majority of the circumstances.

 

The Law Office of James W. Dodson, P.A. is experienced in handling pedestrian accidents, and in this cases such as this one, wrongful death claims under Florida law.  In the case of a wrongful death claim, it is the survivors who have the right to bring the claim.


By James Dodson | Tagged , , , , , | Comments (0) | Trackbacks (0)

Posted in Wrongful Death

Elevator Shaft Tragedy in New York City

August 20, 2008

Univisíon, one of the larger Spanish Programming channels in the United States, reported a terrible tragedy that occurred in New York City.  Two brothers, one 8 years old, and the other 5, got stuck in between floors in the elevator of their housing complex.  One of the brothers, 5 year old Jacob Neuman tried to escape the failed elevator and fell 10 stories down the elevator shaft.

 

As reported in the New York Times, the elevator became stuck between floor 11 and floor 10.  Young Jacob tried to jump to floor 10 and lost his footing.  The elevator is maintained by the New York Housing Authority and numerous residents have lodged complaints over the past 12 months.

 

There almost certainly will be an investigation into the maintenance of the elevator to see if this tragedy could have been prevented.  Although, I understand, the children probably became frightened and possibly panicked, but they should have stayed were they were and waited for help.  I certainly am not blaming the children, but I am saying that something like this could serve as a reminder to review elevator safety with our own children. 

 

Otis Worldwide, one of the largest elevator companies in the world has published elevator safety tips that can be reviewed with family.  Although a tragedy like this is likely an anomaly, we should all be cautious of the potential hazards elevators pose.

 


By Sean Conahan | Tagged , , , , , | Comments (0) | Trackbacks (0)

Posted in Child Injuries

Traffic Deaths at Historic Low

August 15, 2008

Mary Peters, the U.S. Secretary of Transportation announced that traffic fatalities in the United States dropped to a historical low in 2007.  Specifically, the fatality rate dropped to 1.37 deaths per 100 million vehicle miles traveled.  The actual number of traffic fatalities dropped to 41,059, the lowest number since 1994.

 

While this is good news, the number of motorcycle deaths increased in 2007 accounting for nearly 1 out of every 8 motor vehicle deaths.  Statistically, motorcycle deaths increased from 4,837 in 2006 to 5,154 in 2007, an increase of 6.6% according to the National Highway Traffic Safety Administration report released this month titled, 2007 Traffic Safety Assessment.

 

A recent NY Times article discussed several theories for the increase in motorcycle deaths including:

1.      an increase in motorcycle registrations,

2.      a decline in states requiring helmets, and

3.      the increase in fuel costs prompting more people to start riding or return to riding motorcycles.

 

In the Tampa Bay area, although I do not have traffic statistics, our firm has definitely noticed an increase in motorcycle-related traffic fatality cases, which would appear to correlate with the statistical data reported above. 

Although many of the reasons given for the increase in motorcycle deaths may be valid, my own observations indicate that another reason is the negligence of automobile drivers who seem to have difficulty sharing the road with motorcyclists.  Not always the case, but many of the motorcycle injury cases our office has accepted lately were caused by an inattentive car operator rather than any actions of the motorcycle rider himself. 

  

 

 

 


By Sean Conahan | Tagged , , , | Comments (0) | Trackbacks (0)

Posted in Motorcycle Accidents

Escalator Dangers and Risks to Children

August 14, 2008

One of Atlanta’s major airports, Hartsfield-Jackson International Airport, has taken action to make the public more aware of the dangers posed by escalators to airport visitors, especially children.  Airport officials announced on August 11, 2008, that a public service bulletin would be broadcast throughout the airport every five minutes warning visitors of the potential dangers escalators pose. 

 

Hartsfield-Jackson officials decided to take action following three separate incidents over the previous two months in which children, wearing soft-sided shoes or Crocs™, were injured when their shoes were caught in the escalators.  This change in policy comes several months after the Consumer Product Safety Commission released its latest bulletin regarding escalator dangers and tips on how to avoid them.

 

This danger is real in the Tampa Bay area, as many professional buildings and malls have escalators.  There was a serious case in 2002 where a young girl lost several fingers in an escalator at a St. Petersburg Dillard’s.  As a personal injury attorney and child safety advocate, I encourage parents to heed these precautions and be vigilant when riding the escalators with their children.  


By James Dodson | Tagged , , | Comments (0) | Trackbacks (0)

Posted in Child Injuries

Is Cold Medicine a Threat to Children?

August 8, 2008

Reuters reports that a study done by the University of Arizona College of Medicine has found that there may be a link between over-the-counter cold medications and deaths to children under the age of 2. The report, published in the August 2008 edition of Pediatrics, the official journal of the American Academy of Pediatrics, studied unexpected infant deaths in 2006. After eliminating the deaths caused by trauma or suffocation, the research group focused on the remaining deaths. Specifically, they studied 21 cases of unexpected infant deaths that had autopsy data available. Nearly half (10 of the 21) had evidence of cold medications in their systems.

The Food and Drug Administration (FDA) has been investigating the dangers of cold and cough medications administered to children under 2, and has issued several public health advisories, the most recent in January of this year, that warn of potential dangers of cold medicines, especially “serious and potentially life-threatening side effects can occur.”

Researchers indicate the combination of decongestants, antihistamines and cough suppressants can affect a child’s heart rate, blood pressure, and breathing.

The Law Office of James W. Dodson, P.A., is dedicated to protecting children from danger and the negligence of others, and strongly encourages all parents to read the labels of all medications carefully, as well as consult with your pediatrician before administering any type of medication to your child.

About the Law Office of James W. Dodson, P.A.

The Law Office of James W. Dodson, a Tampa Bay auto accident law firm, has over 20 years experience in helping clients to recover from injuries and rebuild their lives. They specialize in personal injury cases in the Tampa Bay, St. Petersburg, and Clearwater areas.


By Sean Conahan | Tagged , , | Comments (0) | Trackbacks (0)

Posted in Child Injuries

Family Pet Injures 6 Year Old

August 4, 2008

A 6-year old Safety Harbor, Florida boy was reportedly attacked and bitten by the family pet. Local media reports the dog that was recently adopted by the family, attacked the boy outside the family residence causing severe injuries to his head and right shoulder. The boy had to be flown to the nearest trauma center, Bayfront Hospital in St. Petersburg. Local deputies reported the breed of the dog as a pit bull terrier.

In Florida, dog bite claims are generally handled under Florida Statute section 767.01. If certain criteria are met, specifically that the defendant is the owner of the dog, and the victim was in a public place (or lawfully on private property) then the owner can be held strictly liable. This means that the dog owner will be held responsible for the dog’s actions.

The only available affirmative defenses to a dog bite are 1) comparative negligence, and 2) prominent display of a “bad dog” sign (except for children under 6). Anytime someone you know is bitten or injured by a dog, and they wish to learn their rights, they should seek advice from an attorney experienced in handling injury claims.

About this Law Firm

The Law Offices of James W. Dodson is an experienced child injury law firm in the Tampa area, and has a genuine interest in protecting our children. For more information, please contact them for a free consultation.


By James Dodson | Tagged , , , | Comments (0) | Trackbacks (0)

Posted in Child Injuries

No Reported Injuries at Criss Angel Event in Clearwater

August 1, 2008

The use of explosives to destroy a building, whether by explosion or implosion, can be classified as an inherently dangerous activity, and for good reason. People get hurt when things blow up. That’s what I was thinking when I told both my sons that we were not going to see the Criss Angel building escape event in person.

On July 30, 2008 Criss Angel, the illusionist made famous from his A&E television series, performed a Harry Houdiniesque escape from an vacant hotel building on Clearwater Beach in Florida, while the building was being destroyed. The event was shown live on A&E and covered by the local media. The building was already scheduled for demolition and the City of Clearwater entered into an agreement with the Criss Angel team to have him do his live event from the building.

Naturally as a Clearwater personal injury attorney, I was nervous about things that could go wrong and chose to watch the event on live T.V. with my family. Fortunately, by all accounts nobody was injured from the actual event itself. Congratulations to the City of Clearwater, and the Mindfreak team for pulling off their event safely.

About

Clearwater based personal injury lawyer James W. Dodson has more than 20 years experience in representing clients involved in auto accident lawsuits in the Tampa, St. Petersburg, and Clearwater Florida area.


By Sean Conahan | Tagged , , | Comments (0) | Trackbacks (0)

Posted in Personal Injury

Walmart Keychains Recalled

July 30, 2008

Walmart Stores has voluntarily recalled 39,000 hip-hop keychains made in China. According to a report issued by the Consumer Product Safety Commission (CPSC), the keychains, made in China, have unacceptable levels of lead in the product. Although no injuries have yet been attributed to the keychains, the CPSC warns parents to keep the keychains away from children. Walmart has taken, in my opinion, the responsible stand in allowing consumers to return the product to their store, and doing this recall voluntarily. Walmart maintains an internet listing of all foods and products subject to recall on their website.

About

The Law Office of James W. Dodson, P.A. has nearly 30 years combined experience in handling product liability lawsuits in the Tampa Bay area. Our practice has been built almost entirely on referrals of injury clients by other lawyers, professionals, and by his clients who trust us. For more information, please contact them for a free consultation.


By Sean Conahan | Tagged , , | Comments (0) | Trackbacks (0)

Posted in Products Liability

Two Persons Killed in Traffic Fatality

July 25, 2008

An SUV with 3 occupants apparently went out of control and two of the occupants died after being ejected in Manatee County, Florida on Thursday (July 24) night. The single-vehicle rollover accident occurred near U.S. Highway 301 and 51st Avenue East. The Florida Highway Patrol is still investigating the cause of the crash, trying to determine what caused the SUV to roll across the grass median into northbound traffic.

Although certainly there have been cases in which seatbelted people are thrown from their vehicle, most vehicle ejections occur due to a failure to use the seatbelt. As the investigation is still pending in this particular accident, one cannot say whether the two persons who were ejected were wearing their seatbelts or whether they were unbelted.

According to an article published by S.A.F.E. an non-profit public awareness and educational group started by Florida paramedics and firefighters, Florida has a high ratio of unbelted drivers and passengers who are injured in accidents compared to other states. In fact, S.A.F.E. reports that among the most populated counties in the country, Florida had the top three for unbuckled deaths per million residents between 2000-2003.

Although there have been reported exceptions, the odds are strongly in favor of not being injured if you properly wear a seatbelt. Seatbelt use is encouraged and is the law in Florida. The adage “Seatbelts Saves Lives,” remains words to live by . . . literally.

About this Law Firm

James W. Dodson is a Tampa area based traffic accident attorney, specializing in helping clients recover from auto, motorcycle, and slip and fall injury cases.


By Sean Conahan | Tagged , , | Comments (0) | Trackbacks (0)

Posted in Automobile Accidents

Three-Year Old Drowns in Community Pool

July 22, 2008

The Pasco County Sheriff’s Office reports that a 3 year old child drowned in a community pool at Forest Green Mobile Home Park in Hudson last Sunday evening.

The St. Petersburg Times reports the incident is still under investigation, due to the fact that there were at least seven other swimmers in the pool, when the child drowned. The Sheriff’s Office spokesman, Doug Tobin, commented that the parties involved believed someone else was watching the child.

Drownings are tragic, even more so when they involve a child. My associate Sean Conahan, a strong child safety advocate, and myself regularly represent injured children. Sean recently wrote an article for his Hispanic clients titled “Protegiendo a los niños en la piscina,” published in the July 2008 edition of Mi Barrio Latino, a Pinellas County magazine.

About James W. Dodson, P.A.

At The Law Office of James W. Dodson, P.A., has over 28 years of combined experience handling Florida child injury cases and lawsuits. We also understand that every client is unique and that each wrongful death lawsuit will have a unique set of circumstances to consider.


By James Dodson | Tagged , | Comments (0) | Trackbacks (0)

Posted in Child Injuries