Evidence destroyed? Do I still have a case?

What happens when evidence is destroyed in a case?

Spoliation of Evidence: what is it and what can you do about it?

Mark Perenich is a personal injury lawyer in Clearwater he has more than 30 years experience with various cases from Car accidents to Medical malpractice.

What is ‘spoliation’ of evidence?

Spoliation is the alteration, destruction or loss of evidence which is involved in litigation.

What example can be given of spoliation of evidence?

A creditor who is suing for the payment of a sum of money on a contract has in his safekeeping the only copy of the contract which was signed by the debtor. If during discovery or litigation the debtor’s lawyer borrows the only signed copy of the contract and loses it when his briefcase is taken by a mugger, there is spoliation of evidence. If the office of the debtor’s lawyer burned down to the ground, the contract is destroyed by fire; there is also spoliation of evidence. If the contract which was in the office safe was not destroyed in the fire but the ink was smudged due to water damage so that the contract’s contents are illegible, then there is also spoliation of evidence as it was altered.

What is the effect of spoliation of evidence?

When an object which is supposed to be presented as evidence is spoliated it is not only destroyed, altered or lost, it becomes unavailable for a party to use to prove his claims. Depending upon the importance of the evidence to the litigation and depending upon the good or bad faith of the party who lost it, the party who was disadvantaged by the loss, alteration or destruction of the evidence is given the recourse of suing the spoliator – he may also be sanctioned by the court.

Is the loss, alteration or destruction of all kinds of evidence sanctioned?

No, the evidence must be key evidence and it must be essential to the subject of the litigation. In the example above, the contract is a key piece of evidence and essential to prove the creditor’s claims. The creditor is disadvantaged because the contract which was reduced to writing is the best evidence of the particulars of the agreement between him and the debtor. The signature of the debtor is the best evidence that he has agreed to be bound by the agreement. Unless the creditor can prove the contents of the agreement through a photocopy or by an exchange of letters or emails between the creditor and the debtor, he will not be able to prove his claims.

Wrongful Death Stautes

What kinds of sanctions can be imposed on the spoliator?

In the example above, the debtor may claim that sum of money the creditor was suing for should not be paid as he had not delivered the goods in exchange for the sum of money. The pleadings or documents filed in court by the debtor to prove his alternative defense of non-delivery of goods may be stricken from the record.

If the debtor filed a counterclaim in damages against the creditor, his counter claim may be dismissed. If the debtor assailed the genuineness of his signature on the document and presented the testimony of a handwriting expert, the expert testimony based upon the missing or destroyed evidence may be stricken from the records. The debtor may be declared to be in default and will therefore lose his right to present his own evidence. Or, an evidentiary presumption may rise against him.

What happens if the spoliation is inadvertent or accidental?

In determining the sanction to be imposed, the court takes into consideration not only the importance of the evidence to the subject of the litigation but also the motives of the spoliator. Bad faith is when the party deliberately destroyed or altered the evidence to deprive the opposing party of his right to prove his claim.

In the example above, the debtor’s lawyer lost the document because he was mugged and the contents of his entire briefcase was taken by the mugger. Unless the story of the mugger was fabricated, it cannot be said that the loss of the copy of the contract was intentional, deliberate or calculated to deprive the creditor of his just claims. There can be no bad faith attributable to the debtor’s lawyer.

What are evidentiary presumptions and how do they work as sanctions?

There is a saying that evidence withheld is presumed to be unfavorable if produced. That is to say when bad faith attended the loss, destruction or alteration of an essential piece of evidence, the court will deem the loss, destruction or alteration of the evidence to have been accomplished because it was unfavorable to the spoliator.

In the example above, if bad faith on the part of the debtor or the lawyer is shown, the court will deem that the debtor or lawyer destroyed, lost or altered the contract because if it had been produced in court, it will be adverse evidence against the debtor.

Why is spoliation sanctioned?

Imposing sanctions on the spoliation of evidence in bad faith maintains the integrity of the court system. If such acts were not sanctioned, any person can defeat claims against him by simply destroying evidence. Also, the court has an interest in seeing that evidence is preserved because courts cannot decide cases if evidence goes missing or is destroyed. Missing evidence delays the disposition of cases by the court.

In the example above, lawyers are officers of the court and they have a duty and accountability before the court to maintain the integrity of the legal processes. They are supposed to maintain fair play in their dealings especially in keeping documentary evidence safe.

If you have any questions about this or any personal injury case please contact Mark at 727-386-9677

Safety while on the shoulder of the road

Road Site Accidents

Mark Perenich is a personal injury lawyer in the Clearwater, Tampa, St Pete area, he knows how congested and busy the road get.  If you have to pull over please use caution, may accident

In a gruesome and sad accident on 13th July, Hudson based Terry Maurice Edwards, 72 and Zephyrhills based Kenneth Michael Demmith, 29 died after surviving a crash of their vehicles, when a 3rd vehicle driven by Hudson based John Lindsay, 59 slammed into them.

At about 9:10 P.M. on the evening of 13th July Mr. Edwards was headed on Hudson Avenue west of Edwards Road in a 1996 Chevrolet Silverado pickup. At the same time, Mr. Demmith was headed west on the same road in his Lifan G20-5 motorcycle, riding without a helmet.

When the truck and the motorcycle were close, Mr. Edwards took a left turn into a private driveway at 11029 Hudson Ave. While doing so, he came into the path of the motorcycle being driven by Mr. Demmith, which stuck the back of the truck and spun. This caused Mr. Demmith to be thrown onto the road.

Mr. Edwards stopped his truck and got out to check on Mr. Demmith. That’s when a 2007 Chevrolet Silverado driven by Houdson based John Lindsay, 59 was headed east on the same road. The truck driven by Mr. Lindsay stuck Mr. Edwards and Mr. Demmeith, killing both on the spot.

Even though alcohol wasn’t a culprit in wither of the crash, this incident is a chilling reminder of how small acts of negligence on the part of drivers can add up to cause a fatal accident. The blame can’t be attributed to a single driver or a single act. There was negligence on part of everyone involved in the accident. Negligence on part of Mr. Demmith in not using a helmet while riding his motorcycle, negligence on part of Mr. Edwards in attempting to take a turn while another vehicle was so close and negligence on part of Mr. Lindsay who must have been driving at such speed, making it impossible to stop the vehicle in a short interval of time.

 

Keeping Safe While Driving

Highway safety, driving safe, DUI etc. are all stuffs which are taught to individuals right from their schools, not to forget the numerous billboards and flyers that constantly remind you of keeping yourself and other drivers safe while driving. Still, there are a lot of people who either don’t take safe driving seriously or don’t pay much importance to the precautions they must ensure while driving. Most of the accident happens because of human fault rather than a problem with the machine. Let’s look at some of the most common reasons that causes accidents on the highway and how to prevent them-

 

  • Seat-Belt – The first and most important thing while you get inside your car is to buckle up your seat-belt, no excuses. Yes even though that’s the most basic rule that is repeated often, yet a lot of people don’t abide by it.
  • Keep a safe Distance – Most drivers forget to take into account the time and distance it will take them if they have to stop their vehicle all of a sudden. Doesn’t matter where you are riding, on the highway or in the city, maintaining a safe distance ensures you can remain safe in emergency situations when you have to apply those brakes all of a sudden.
  • Honor the Road Signs – The signs mentioning speed limits, STOP signs and others posted alongside the highways or roads are put there for a reason. Honoring the speed limit can ensure that you are safe even in unexpected situations. Similarly, a STOP sign is for you to be cautious, stop the vehicle, and check both sides of the road before moving ahead.
  • Mirrors- Most people get inside their cars and don’t bother to check the mirrors. Yes, we are talking about rearview mirrors and side mirrors. Adjusting these mirrors according to your preference, such that they give you a good visibility of the vehicles right behind you and adjacent to you, helps you in navigating your way properly on the roads. Without creating any kind of disturbances for your fellow riders and safeguarding you from accidents.
  • Don’t use Gadgets – Even though most states have enacted laws against using your smartphones and other gadgets while driving, some individual don’t take them seriously and disobey the law. These laws have been enacted for a reason; even when there isn’t a law regarding usage of devices one must cautiously avoid using them. Whenever you are distracted by something else other than driving, you are basically giving accident a chance to happen.
  • Shoulder of the road MUST be used for Pulling Over – No matter what the situation is, never stop your car in the middle of the road. If you think there is something wrong with the vehicle or there has been an accident, pull over only at the shoulder of the road. This way you don’t create an obstacle for other vehicles driving on road, especially those who are moving at high speed and will have problems navigating in a short notice.

Though some of these rules apply to Motorcycles as well, Motorcycle riders need to drive with extra caution, owing to the fact that their vehicles have to be ‘balanced’ while riding, a shortcoming cars and other four wheelers don’t have and also the fact that they don’t have a shield in the form of the outer body of a vehicle that can safeguard them from suffering severe injuries, again a shortcoming that four wheel rides don’t have. Here are a few safety tips that specifically apply to motorcycle riders-Motor bike

  • Helmet is Your Best Friend – Regardless of how many times this advice has been repeated, it doesn’t takes away the significance of using a helmet. A lot of states have enacted helmet laws but still that doesn’t prevent a lot of motorcycle riders from riding without a helmet. In the event of a crash, the only thing preventing you from getting severe brain injury is that helmet.
  • Protective Gear – These constitutes of gloves, boots, jackets etc. that must be used while riding a motorcycle. These protective gears are the only shields that protect your skin from coming in direct contact of the road, when an accident occurs. Protective gears that safeguard your elbows, shoulders and knees reduce the chances of fractures, broken bones and tendons in the event of a crash.
  • Navigating the Curves – Single vehicle accident at turns and curves is too prominent among motorcycle accidents. Most of these accidents happen because the rider runs wide on the curve due to speeding, under –cornering or a fall caused by over braking. One must make sure to navigate a curve or turn with as slow speed as possible.
  • Don’t be an aggressive rider – A lot of motorcycle accidents happen only because the rider was driving too aggressively, trying to overtake everyone and everything, slip through every corner of vacant space. Riding a motorcycle with confidence is a different thing than riding aggressively. While driving its very important to respect the other riders too and keeping a calm demeanor.

 

If there was something I missed please feel free to contact me here

Mark Perenich is a personal injury lawyer in Clearwater with over 30 years of experience.

Bike hit by a car?

Bicycle Accidents

Mark Perenich has handled numerous accidents where a pedestrian on a bike was hit by a car. These are very unfortunate accident be sure to chose an attorney with the skills and qualifications to help you.

 

Look at this guy, he was in a bike accident. Probably hit by a car, not a good time. He needs a personal injury lawyer NOW!
Look at this guy, he was in a bike accident. Probably hit by a car, not a good time. He needs a personal injury lawyer NOW!

I would first off like to say: if you are riding you bike, PLEASE wear a helmet. If you do not have one check back as I will be giving one away.

 

What To Do When Your Bicycle Is Hit By A Car

More and more people are riding their bikes on a regular basis. You may be one of the millions that have taken to the streets with one of these, and you’re in danger. There’s an inherent danger when you’re trying to share the road in a legal manner, because there are motorists that will try and side swipe you and cause you a great deal of headache. You’ll find that without the help of a highly motivated bicycle accident lawyer, you could end up dealing with a lot of problems associated with getting hit. From paying for your medical bills to buying a new bicycle, you’ll find yourself in a world of issues that you may not be ready to deal with.

Hiring a Lawyer For Protection

When looking for a bicycle accident lawyer Clearwater, you will not just be doing it for the purpose of getting monetary compensation, you will be getting protection against the violations of your rights. As a bicyclist, you have rights that other motorists may have. If you’re struck by a vehicle, and you go down, they have committed a criminal act if they decide to run off. Not only that, they are liable for your damages and medical bills. If they stop and throw money at you, or they speed off, make sure that you hire a lawyer immediately. Not only that, you want to protect yourself against frivolous lawsuits.

Some motorists will try to say that the accident was your fault, and will even sue you for damages that they incur on their vehicle. This may be a problem on many levels, and the last thing you want to do is try to fight it on your own. With a bike accident or even a pedestrian accident, rights can be violated swiftly so be careful.

Getting Back on Your Bike

Getting back to your routine, riding your bike, and trying to live your life on your terms after an accident is going to be difficult. However, it is not something that is impossible, or should cause you any sort of distress. Making sure that you are able to heal, and get back on your bike, back to work, and live your life according to your terms is something that can be done with the help of legal, and medical professionals.

It’s easy for others to try and trample all over your rights. This is especially true when many legal teams try to fight to get money from innocent victims. Don’t allow anyone to trample your rights or steal your money, get protected and helped with an attorney that specializes in bicycle accidents and injuries. You will find that with a helping hand, you can fight back, and get your medical bills covered, and then some. There’s no reason why you should fight alone, or feel like you’re alone out there. There is hope for a brighter future, and it is found with the assistance of a legal team that will have your back.

What you need know about Contracts

Everyone needs to know about contracts, if you’re reading this you have probably entered into numerous agreements giving away rights you didn’t know you had. I want to help educate the public about contract law and what you need to know to protect yourself. This guide is not meant to replace a lawyer, if you are in serious contractual negotiation, you should always consult a lawyer: Sure you might spend $200-$5000, but it could save you $5000-millions of dollars. If you have any questions please call or email me.

What you need to know about Contracts

law books

Is it a contract or agreement?

Contract and Agreement are two terms which are commonly used interchangeably by many people, who don’t understand the significant difference between the two. Though as a figure of speech it doesn’t makes much of a difference in normal life but mistaking one for the other can prove costly, especially when it comes to monetary affairs. People with dubious intentions have been known to exploit to their advantage the ignorance of common people in confusing one term for the other. That’s why it is so very important to understand both the terms as well as to always consult a qualified attorney before signing anything important.

Agreement is a very generic term. When two or more parties have a mutual understanding between them about their relative rights and responsibilities, it is called an Agreement. The meeting of minds at a certain point is how most institutions define an agreement. An agreement can be on anything, from business views to domestic views. In an agreement, the parties define the terms and condition of the agreement by themselves.

What is a Contract?

A contract can be defined as a legally binding agreement between parties which creates obligations that are enforceable. Though it can be said that every contract is basically a legal agreement, not all legal agreements are contracts. A legal agreement must fulfill certain conditions, which make it enforceable, so that it can be termed as a valid contract.

Conditions that an agreement must fulfill, to be considered a Valid Contract –

  • Offer & Acceptance – An agreement must contain an offer made by a party and the acceptance of that offer by another party, or a counter by the other party in case it doesn’t accepts the original offer.
  •  Mutual Consent – Both parties must be on the same page when it comes to the terms and condition and get into the agreement on their free will, without being forced into it.
  • Consideration – Anything of value that is exchanged between the parties is called as ‘consideration’. Consideration can be goods, service, promises, act or money. In order to be a valid contract, an agreement must include ‘consideration’.
  • Legal purpose – The agreement shall be made only for legal purposes. One cannot contract for activities which are illegal or impossible.
  • Capacity/Competence – To enter a contract, all the parties must be of ‘sound mind’ i.e. the parties must not be minors (for most contracts), must not be under influence of any substance and must not be mentally deficient.

Can contracts be oral? What is the “statute of frauds”?

Barring a few exceptions both verbal and written agreements are considered contract in Florida if they fulfill the above mentioned criteria which make them binding and legally enforceable. Apart from those contacts which are specifically required under Florid law to be in writing, oral contracts, especially those in which a party fulfills its obligation(s) are enforceable in Florida.

Though oral contract are enforceable, their details are fairly hard to prove in a court of law when compared to a written contract. That’s why it’s always advised to have a written contract instead of an oral one. Certain written contracts in Florida are required to include the agreement between parties on specific issues. Even otherwise, a written contract must specify the terms and conditions of the agreement between two parties in great detail, so that there is little room for disputes to arise.

Limitations

One would have encountered terms like ‘liquidated damages’, ‘consequential damages’, ‘court costs’ etc. while going through a contract. Most of the people while getting into a contract don’t pay much importance to these ‘legal’ terms, only when it’s too late and a breach of contract occurs that an individual realizes the kind of limitations they place and their consequences.

Most of the ‘business’ contracts drafted nowadays contain limitations. The limitations can be for different things like limiting the amount of damages that an injured party can seek if a breach of contract occurs, limiting the jurisdiction to a specific court/ county in which a lawsuit can be filed if a breach occurs, limiting a party’s right to recover lawyers fee and other associated litigation cost when a dispute arises etc. It’s very important that before signing or drafting a contract one consults a lawyer to understand or specify the terms and conditions in the contract. Clauses regarding consequential, special or liquidated damages must be thoroughly understood BEFORE getting into a contract as they may severely limit your right to seek adequate damages (compensation), in case the other party breaches the contract.

 Can I cancel a contract

Cancelling a contract comes with its own set of difficulties. While most contracts can be cancelled if the parties involved give their consent for cancellation, some contracts come with ‘right of rescission’ which gives a party the right to cancel a contract, subject to certain procedures or conditions. If a contract contains the right to recession, one has to follow the exact guideline, timeframe and procedures mentioned in the contract regarding cancellation. In such cases, it’s best to take help from a qualified lawyer, or else the cancellation could be considered invalid if not done according to the specifications.

Time Limitation for filing Lawsuits

When a party breaches a contract or terms of a contract, the non-breaching party must file a lawsuit within the prescribed timeframe to enforce the contract, or else the Courts in Florida may not allow filing of the lawsuit. According to Florida laws, a lawsuit must be filed within 5 years of the date when a written contract was made, in order to enforce it. In case of verbal (oral) contracts, the timeframe is of 4 years. The above mentioned timeframe does not apply to each and every case, in some cases the timeframe for filing a breach of contract lawsuit can be as little as 1 year.

 Difference between Arbitration or Lawsuit

Arbitration is a procedure in which parties having a dispute over a contract, resolve it outside court and the decision is made by an ‘arbitrator’ instead of a Judge or Jury. The contracts which require a dispute to be solved through arbitration include an ‘arbitration clause’ specifically stating it. By signing a contract that has an arbitration clause, an individual basically gives up their right of resolving a dispute through a court of law. Even otherwise, arbitration in contractual disputes is generally more expensive than resolving a dispute by filing a lawsuit. One must be cautious and evaluate all options before signing a contract with an arbitration clause.

Due to the significance of contracts and consequences one can face due to breaches, the Supreme Court of Florida bars non-lawyers from drafting most of the important contracts. To ensure that your rights are always protected it’s always beneficial to have a contract drafted by a skillful lawyer. Even when an individual is entering an already written contract, consulting a lawyer before signing it can ensure that one’s rights are protected, in case a dispute ever arises.

If you have a question about contracts, contract law, or personal injury law: please contact Mark Perenich today.  He has been practicing personal injury law for 30 years.

 

Advocating for the average person in the personal injury field

Advocating for the average person in the personal injury field

[Mark Perenich & the Perenich Caufield Avril Noyes team]

Apart from being a law firm that has fought for and represented victims in Florida, since past many decades, we are also a firm that believes in protecting the rights of the citizens of Florida wherever they are being neglected or harmed. There are various issues for which reforms are needed and we, not only as Lawyers but also as common citizens support them.

Bodily Injury Liability Protectioncar accident

It’s hard to believe but Florida is among the only two states in the country with no ‘Bodily Injury Liability Protection’. Currently financial responsibility that needs to be demonstrated by vehicle owners of private passenger cars is fulfilled by only two ‘Protections’, namely – Property damage liability protection & Personal Injury Protection. It is not required under law for a private passenger car owner to have Bodily injury liability protection i.e. if someone gets seriously injured due to their vehicle, the driver of the vehicle does not need to have Insurance for paying the compensation and other costs to the seriously injured victim.

We support the Financial Responsibility Legislation, which will make the present self-insurance requirements more secure and will require a private passenger car owner to have a minimum Bodily injury liability protection of $25,000 per person or $50,000 per incident. This legislation will help in reducing the insurance premiums paid by financially responsible car owners and will go on in ensuring that the taxpayers of Florida and the Trauma centers operating in the state of Florida save millions over the years.

Bad Faith Protection

When policyholders pay their premiums to insurance companies for liability policies, they are doing so to ensure that their business does not face a crisis or goes bankrupt if their business becomes liable to someone. Sometimes, the insurance companies fail to inform the policyholder regarding settlement in a case or simply refuse to accept reasonable settlements; basically they act in bad faith even though the laws in Florida require them to act in good faith to their policy holders.

We are against the bad faith that the Insurance companies demonstrate and also against the Insurance companies who do so. If the Insurance companies are allowed to evade their responsibility, it will possess a significant risk to businesses of Florida as businesses can face excess judgments because the Insurance companies didn’t do their Job properly or acted in bad faith.

Protection of Best Interest of Children Having Birth Related Neurological Injury

In 1988 Florida Legislature created NICA or (The Florida Birth-Related) Neurological Injury Compensation Association. It was created to provide benefits to children who had sustained a spinal cord or brain injury caused by mechanical injury or oxygen deprivation during labor, delivery, or in the immediate post-delivery period. The program was also created to avert an Insurance crisis being faced by Doctors and healthcare establishments practicing Obstetrics and as a mean to provide compensation on ‘no-fault’ basis to the class of children who suffered a significant Neurological Injury due to the reasons mentioned above and left the children “permanently and substantially mentally and physically impaired.”

The Florida Legislature had enacted Sections 766.301-766.316, Florida Statutes, to create NICA as a benefit program but today most of the executive staff and ‘board members’ in NICA are representatives from Healthcare and Insurance industries and not people from the affected families.

Needless to say, a conflict of interest exists between people who sit on NICA’s board and the people whose children suffer from birth related Neurological Injury, which can be seen from the numerous litigations in the past among the two parties who have now become ‘adversaries’.

We support the legislation that incorporates changes to the statues that govern NICA and make it a body that goes on to deliver on the promises it intended to and for which it was originally created.

Against the proposed curbs and limitations on Medical Payments

Doctor

A victim who has been injured has all the rights to seek the best medical care possible but a bill was filed in 2013 according to which in a trial a jury will assess and grant past and future medical expense in cases of wrongful death and personal injury.

We are against the bill as the provisions in it are already fulfilled, Sections 501.1(a) and (b), Florida Standard Jury Instructions, state “you should award claimant an amount of money that the greater weight of the evidence shows will fairly and adequately compensate him/her for his/her loss, injury or damage, including any damage claimant is reasonably certain to have/experience in the future…” and section 501.2(b) states that a jury is to award, “the reasonable value or expense of hospitalization and medical and nursing care and treatment necessarily or reasonably obtained by claimant in the past or to be so obtained in the future.”

The only thing this bill will do is increase the cost of litigations especially for the plaintiffs who will have to bear additional expenses to get properly compensated for the medical expenses they bore and/or will bear in future.

 Mark Perenich is a personal injury lawyer in Clearwater please call him if you would like to know more about your case 727-386-9677

Great idea for bike safety.

Bike Injury lawyer Mark Perenich

I was once an avid cyclist, I have noticed that the sport has been picking up more momentum as of late.  Maybe it’s not the sport of cycling itself, i.e. the Tour de France.  But there has been a push by younger generations to get around via peddle power.

For those that bike often this would be added protection like an airbag for your head.  Please see the video.

 

The Invisible Bicycle Helmet | Fredrik Gertten from Focus Forward Films on Vimeo.

Car accident attorney and On types of Car accident injuries

Mark Perenich in a Car Accident Lawyer in Clearwater

Here are some interesting facts I have come across about car accidents and there injuries related to them.  This is interesting because not all injuries come from another vehicle, sometimes an injured person will not know whether or not they can make a claim against their auto insurance.  Some times you can.  If you need help making that determination call Mark today 727-386-9677

car accident

It’s ??rf??tl? normal t? feel a bit n?rv?u? ?b?ut g?tt?ng ?nt? ?n auto ????d?nt ???h t?m? ??u g?t behind the wheel. Or m??b? even just going ?ut f?r a w?lk, ?? approximately 74,000 ????l? ?r? ?tru?k by a v?h??l? in the U.S. ???h ???r.

It turns ?ut, however, there are ?l?nt? ?f other ?njur??? m?r? l?k?l? t? ???ur, some l??? h?rmful, some m?r? ??. All ?n ?ll, though, ??u’r? most likely to ?l?m your f?ng?r in the d??r when the ??r ??n’t ?v?n m?v?ng.

In D??th: M??t Common Car-Related Injuries

At nearly 150,000 incidents ??r ???r, injuries ??u??d b? a closing d??r are the most ??mm?n ?ut?-r?l?t?d ?njur?, according t? a r???rt r?l????d ???t?rd?? b? the National Highway Tr?ff?? S?f?t? Administration. Th? r???rt evaluated the type and amount of n?n-tr?ff??-r?l?t?d injuries nationwide, the first time the g?v?rnm?nt agency has compiled ?u?h data.

Al?ng with those 150,000 people who injured themselves closing a ??r d??r, another 10,000 ???h ???r are ??r??u?l? ?njur?d when u??ng a j??k ?r ?th?r t??? of hoist. A full 74,000 ?r? ?njur?d b? a f?ll?ng vehicle or v?h??l? ??rt.

“I d?n’t think ?n??n? until n?w had ?n accurate ??n?? of the ?xt?nt ?f v?h??l?-r?l?t?d ?njur??? ?nd fatalities that d?d n?t ???ur on a ?ubl?? h?ghw??,” ???? R?? Tyson, a ???k??m?n f?r NHTSA. “It ??rt??nl? underscores the r??k? that ?x??t in a v?h??l? whether ?t’? on the road ?r ?ff, ?nd I h??? ?t w?ll call ??m? ?tt?nt??n t? ??m? of those ???u??.”

Behind the Numb?r? On Car Accident Injuries

Data f?r the r???rt w?r? compiled by the NHTSA, the tr?ff?? ?rm of the U.S. Department ?f Transportation. They were ??ll??t?d ?r?m?r?l? through police reports in 2007, d??th certificates and the number of f?t?l?t??? r?g??t?r?d b? the N?t-?n-Tr?ff?? Surveillance ???t?m, a virtual data ??ll??t?r ?f d?t??l? regarding non-traffic ?r??h?? n?t??nw?d?.

Wrongful death and Car accidents

R????r?h?r? estimated ?n ?nnu?l total ?f 1,747 fatalities and 841,000 ?njur??? due to n?ntr?ff?? ?r??h?? and non-crash ?n??d?nt?. Non-traffic ?r??h?? ?n?lud? b??k-?v?r ?r??h?? ?nd ??ngl?-v?h??l? ?r??h?? that did n?t occur ?n a n?t??n?l h?ghw??.

An ??t?m?t?d 98,000 injuries ???ur ?n n?ntr?ff?? ?r??h?? ?n private roads, collisions w?th ??d??tr??n? ?n driveways, and two-vehicle ?r??h?? ?n ??rk?ng f???l?t???, the report ???d, while 743,000 ?njur??? happened fr?m n?n?r??h incidents like h???rth?rm?? ?nd ?l??tr??ut??n.

Unfortunately, ????d?nt? that h????n while the ??r ?? parked or ?mm?b?l? are not ??v?r?d by ?ut? ?n?ur?n??, ????rd?ng t? Sam B?ld?n, v??? president ?f Insurance.com. “The short ?n?w?r ?? that ?f someone is driving, ?t’? ??v?r?d,” B?ld?n ????. “It’s a pretty bl?nk?t statement.”

Second ?n the l??t ?? ?v?r?x?rt??n, ??u??ng 88,000 injuries ?nnu?ll?. Th? category ?n?lud?? l??d?ng and unloading cargo ?r ?u?h?ng a disabled v?h??l?.

Dave Salmon, d?r??t?r ?f traffic services f?r th? New York State Police, says the l?tt?r ?? ?lw??? a bad ?d??, especially dur?ng th? w?nt?r. H? r???mm?nd? using k?tt? l?tt?r and a small ?h?v?l t? g?t tr??t??n ?n ?n?w and ice–not ??ur buddy pushing the v?h??l? from b?h?nd.

“It’? ??m?th?ng that ??n b? a dangerous ??tu?t??n,” Salmon ????. “The b??t thing t? d? ?? tr? t? g?t out ?n your ?wn first by u??ng those t??hn??u?? and tr??ng b? r??k?ng your car b??k and f?rth gently. It’? so ???? for someone t? slip on the ice ?nd f?ll d?wn ?nd get run ?v?r.”

Pedestrian S?f?t?

L?k? injuries fr?m ?u?h?ng cars, m?n? ????d?nt? ??t?d ?n the report d?d n?t h????n t? the person driving the v?h??l?. On?-th?rd of the n?ntr?ff?? ?r??h injuries involved ??d??tr??n? ?nd ???l??t?. Accidentally b??k?ng ?v?r ??m??n? ????unt?d f?r 14% of injuries; children, d?ff??ult t? ??? in bl?nd spots, ?r? ?ft?n the v??t?m?.

N??rl? 50% ?f children ?njur?d ?n b??k-?v?r ?n??d?nt? ?r? b?tw??n the ages ?f 1 ?nd 4, ????rd?ng to research fr?m D??rnb??h?r Ch?ldr?n’? Hospital ?n P?rtl?nd, Ore. F?rt?-??v?n percent ?f those ????d?nt? h????n ?t home, while ?n?th?r 40% h????n in driveways ?r ??rk?ng lots.

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M?tth?w Gareths, a ???k??m?n for the Ch?ldr?n’? Safety Center at D??rnb??h?r, says ?ut?-r?l?t?d injuries ?r? ?m?ng the most ??mm?n ???n ?t the h????t?l. M?n? of them, l?k? hyperthermia (37 d??th? ??r ???r, m??t ?f them ?h?ldr?n) ?nd b??k-?v?r? (221 fatalities ??r ???r), ??uld b? ?r?v?nt?d b? forming safe d??l? r?tu?l?, h? ????.

“It’s m??tl? br??k? ?n r?ut?n?” th?t cause un??f? ??tu?t??n?, G?r?th? ????. “Because Americans t?nd to b? ?tr?t?h?d v?r? thin, ?t can be easy to f?rg?t ??ur child.”

Th? good news, h?w?v?r, ?? th?t m??t ?ut?-r?l?t?d ?njur??? ?r? preventable. Maintaining ?ut? ??rt?, using common ??n?? ?nd ?t???ng focused ?n the driveway or parking lot g? a l?ng w??.

Understanding basic car maintenance ??uld h?v? ?r?v?nt?d ??m? of th? 9,000 injuries ??u??d b? burn? fr?m radiator ?nd antifreeze fluid, T???n says. Th??? wh? d?n’t release th? pressure ??r?full? ?r w??r glove? while doing so ??uld g?t a bl??t of l??u?d m?r? than 200 d?gr??? ?n t?m??r?tur?.

In ?th?r w?rd?, ?v?n the simplest things ?h?uld b? done w?th ??r?. S?v?ng a f?w minutes ?n the driveway b? n?t reading an owner’s m?nu?l ?r l??v?ng cargo unsecured ??n’t w?rth th? risk.

 

Personal Injury attorney in Clearwater

Intro to being a personal injury lawyer

 

Hit and run accident

I wanted to start a blog to inform people about important things and about things going on in personal injury law. I will be updating my website from time to time, and I will blog on a wide variety of topics. I invite you to bookmark (command+D, or Control+D) and enjoy the ride.

Types of law we practice

My law firm has been around for almost 60 years and we have been exclusively practicing personal injury law for that period of time. We handle all different types of cases here concerning personal injury law, even from the most complex medical malpractice cases down to a very simple car accident we can help you.  While there are many attorneys in the Tampa bay area that practice personal injury, they primarily do easy car accident cases, that is not the case at my firm.  We take on some of the most complex cases this state has to offer.  We can do this because, we have been around long enough, and we have skilled enough to go toe to toe with the best. If you feel that you would like quality legal representation, then please contact us today.

Slip and fall lawyer Clearwater

We also handle slip and fall, trip and fall or premise liability cases where a person has fell on someone else’s property when they are not at fault. Premise liability cases arise in various different ways, but a simple fall can be very costly to a person due to all the medical bills and rehabilitation they must undergo to return to their previous state of health. A simple depression and a roadway, a improperly placed speedbump, or a curve that is not properly painted, can cause serious injuries to a person. We have seen dramatic brain injuries, herniated discs, protruding disc, concussions, broken hips, and many other types of injuries associated with us liability, or slip and falls

Often times people are afraid of suing a big corporation if they were to slip and fall inside of a shopping market, or mall. We have battle some of the biggest grocery stores, supermarkets, or retail stores in the United States and we have one those battles for our clients we can help you if you have been involved in a premise liability, or slip and fall. Please call 727-386-9677 like to know if you have a case today.

Best,

MP

 Mark Perenich is a personal injury attorney in Clearwater