Personal Injury Lawyer Blog
Recent Push in Florida to Raise Age for Watercraft Use - Thursday, March 6, 2008
As summer's heat approaches, more and more families head to our nation's lakes, rivers, and oceans to enjoy boating, jet skiing, and other water sports. What many people don't realize is that there are children operating many of those watercraft with very little operating experience and training.In Florida, one of the nation's most popular places for watercraft and water sports, children 14 and older can legally operate a personal watercraft and ride through the water at speeds greater than 60 mph.
In March 2007, 14-year-old high school freshman Tyler Goldberg slammed the Sea-Doo he was driving into a dock, suffered massive chest, neck and head injuries, and died two weeks later. Tyler's mother, Lee Nossen, is now pushing Florida lawmakers to raise the minimum watercraft operating age to 16; Mrs. Nossen's efforts are supported by national boating groups and the American Academy of Pediatrics.
Soon after Tyler's funeral, Nossen, along with several local prominent attorneys and doctors, formed the Tyler Scott Goldberg Foundation, which is lobbying to raise the minimum age to 16. The Foundation also wants anyone under 21 to be required to take a training class on personal watercraft use.
Truck Accident Leaves College Student Dead - Wednesday, March 5, 2008
A Provo, Utah woman has filed a lawsuit against a construction company, saying one of their employees wrongfully caused the death of her daughter in a truck accident in 2006. The victim, Lorna Lister, a 27-year-old Brigham Young University student, was driving her car up Provo Canyon to Park City, Utah.An Ames Construction employee, 67-year-old Thomas Landers, was driving a dump truck south down the canyon through a gravel construction zone. The dump truck suddenly crossed the southbound lane and struck the vehicle in front of Lister. The dump truck allegedly rolled over that vehicle and then collided head-on with Lister's vehicle. The car became jammed between the first and second axle, and the dump truck dragged the car back across the southbound lane to the construction site.
The impact of the collision ripped the engine out of the car and left it lying in the middle of the road. Lister suffered some broken bones and internal injuries, but she was entangled in the car's twisted frame and died of asphyxiation approximately 13 minutes after the collision.
The lawsuit alleges that the construction company is responsible for Lister's death because it did not properly train Landers to operate the dump truck he was driving. Also, the construction site did not have a barrier to separate the construction zone from the public roadway.
Lister's mother is seeking an unspecified amount of damages.
Canadians See Need for Adult Helmet Use - Tuesday, March 4, 2008
In Canada, provinces that have adopted mandatory bicycle helmet legislation for children have seen a 45% decrease in the number of bicycle-related head injuries compared to a 27% drop in provinces that have not mandated helmet use.Unfortunately, cycling-related head injuries among adults continue to increase. In fact, in Ontario, which has helmet laws for children but not for adults, has 20% more adult cycling-related head injuries over the past three years. This increase, and those in other provinces as well, has renewed the call for all-ages helmet legislation. At the current time, only three provinces have all-ages helmet laws: British Columbia, New Brunswick and Nova Scotia.
According to research conducted by Alison, Macpherson, an Assistant Professor in the Department of Kinesiology and Health science at York University in Toronto, 69,670 adults were treated for cycling-related injuries in Ontario emergency rooms between 2003 and 2006; of those injuries, over 16,000 were head injuries.
Charles Tator, a neurosurgeon at the Think First Foundation (brain injury prevention promoter), said the most devastating consequence of a cycling-related accident is almost always brain injury. He states, "The impact of a head with the pavement…you sustain horrible injuries." He noted that it can cost up to $8 million to treat a serious brain injury. A bicycle helmet costs around $10 and can prevent or, at least mitigate most injuries.
Studies show that today only a minority of adult cyclists wear helmets and cite barriers to helmet use as they are uncomfortable, unattractive-looking, and mess up hair.
Bill May Put Drunk Drivers in Prison for 25 to Life - Monday, March 3, 2008
In New York, a drunk driver who was convicted in a fatal accident could face up to 25 years in prison under a new legislative agreement. The deal was struck following a highly emotional plea by a mother who described holding the decapitated head of her dead 7-year-old daughter, Katie Flynn, following a crash after a family member's wedding.The bill was inspired by a now-famous tragic car crash that decapitated the little girl and also killed the limousine driver. The tragic crash occurred just after 2:00 a.m. on July 2, 2005 when Katie was traveling home from her aunt's wedding reception in a limousine with her mother, father, stepfather, sister and grandparents. A pickup truck traveling the wrong way on the Meadowbrook Highway and driven by a drunk driver hit the limousine head-on. Katie died instantly.
The driver of the pickup truck, 25-year-old Martin Heidgen, was drunk at the time of the crash and was convicted of two counts of murder and sentenced to 18 years to life in prison. The family and prosecutors had asked for the maximum of 25 years to life.
The proposed bill would create the crime of aggravated vehicular homicide, a Class B felony, punishable by up to 25 years to life in prison. This felony could be charged against someone convicted after a fatal crash who had a blood-alcohol level of more than 0.18 or higher (most state limits are 0.08). The felony could also be applied if the driver had a DWI (driving while intoxicated) conviction in the previous 10 years; if the crash killed more than one person, if the crash also severely injured others; or if the driver had a suspended or revoked license.
Contact our Personal Injury Lawyers and Attorneys today to find an experienced motor vehicle accident lawyer near you.
