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MCFARLAND, GOULD, LYONS, SULLIVAN & HOGAN, P.A.,
ATTORNEYS AT LAW Serving the Tampa Bay Area For Over 45 Years |
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Injury Law Alert
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Spring 2005
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The vision of driving down a country road with the wind in your hair atop a large motorcycle is an attractive one for many people, and the number of motorcycles on America's highways is growing. Although motorcycles share the road with cars and trucks, collisions involving a motorcycle are different and often more serious than automobile accidents.
Motorcycles (on average) are involved in more collisions than other vehicles. In addition to all of the usual things that cause accidents (speeding, bad weather, driving under the influence), motorcyclists face certain other hazards. Motorcycles are smaller than cars and trucks and they are sometimes harder to see. In over half of the cases studied, the drivers of cars involved in a collision with a motorcycle said that they did not see the motorcyclist coming. The smaller size of a motorcycle also makes it more vulnerable to road hazards. And, because motorcycles are more maneuverable than cars, they are sometimes put into unsafe positions.
Motorcyclists are also much more likely to be injured or killed in an accident than someone riding in a car or truck. According to the National Transportation Safety Board, a motorcycle rider is 18 times more likely to die in a collision than someone in a car. Motorcycle riders also are far more likely to suffer serious injuries in a collision.
A common kind of serious injury associated with motorcycle accidents is a head injury. Because a motorcyclist is often thrown off of the bike in a collision, traumatic brain injuries are 10 times more common in motorcycle accidents than in other vehicle accidents. Studies have shown that the best way to prevent these serious injuries is the most obvious one--WEAR A HELMET! Heavy riding boots, gloves, vests, and long pants can also protect riders if they do crash.
Because of the added danger a motorcycle presents, motorcyclists need to take extra care when driving. They should drive safely (as should all drivers), and they should wear the appropriate protective gear. Motorcyclists need to understand the special problems that their vehicles present for other drivers, and drive very defensively. However, motorcycle safety is a two-way street. Drivers of other vehicles need to "drive aware" and should keep a careful eye out for motorcycles. Although motorcycles are more maneuverable than other vehicles, motorcyclists have the same right to use the road that cars do, and this right should be respected. Other vehicles should give motorcycles a wide berth--a small tap with the bumper probably will not hurt an SUV, but it can be fatal to a motorcyclist.
If everyone obeys these simple rules, they can make riding motorcycles less dangerous and more like the "open-road" ideal.
* Call the police and an ambulance, if necessary.
* Get the name, address, and insurance information of the parties involved and any witnesses.
* Write down the make, model, year, and license number of the vehicles involved.
* Take pictures of the damage to your motorcycle before it is repaired.
* Do not make any statement about the accident to anyone but the police.
* Do not apologize or admit fault.
* Do not argue with the other driver.
* Call our office to discuss your case.
As most of you know, many diet drugs can cause serious health risks. One of the most publicized diet drugs, Fen-Phen, has been banned from the market. Now the Food and Drug Administration ("FDA") has announced its intent to ban the use of another well-known supplement promoted for its weight loss effects: ephedra. So what is the real deal on diet drugs?
As you might expect, the general purpose of all diet drugs is to promote weight loss. The most common means of doing this is by suppressing the appetite of the person taking the pills so that he or she eats less. Although most of us want to lose a few pounds for vanity, medical studies have shown that being overweight is very bad for your health. Carrying too many pounds is a leading cause of heart attacks, strokes, and high blood pressure. Right now, over a third of adult Americans and 20% of children are considered either overweight or obese and need to lose this extra weight in order to protect their health. Because so many of us need to lose weight, the diet pill business is booming. However, the question must be asked: How much risk should someone who wants or needs to lose some weight be willing to accept from the pills that help shed the pounds?
The dangers presented by diet drugs are well documented. Although some diet pills are available over-the-counter and others are available only through a doctor's prescription, both kinds of pills share one thing in common: a history of serious, dangerous side effects, including disruptions of brain function, primary pulmonary hypertension (known as PPH), and heart trouble. In fact, in the past 10 years a number of different diet drugs and dietary supplements marketed as promoting weight loss have been linked to different kinds of serious health problems, including Fen-Phen (serious heart problems), LipoKinetix (serious liver problems), and now ephedra (strokes, heart palpitations, and tremors).
While all of these drugs and supplements have either been banned or are the subject of warnings issued by the FDA, for every drug or supplement that is banned, 10 more remain for sale in the pharmacy or the grocery store. For example, there is a prescription weight loss drug available called Meridia. Despite the fact that the FDA found it only "moderately effective" in helping the seriously obese lose weight, the drug was approved. Now a consumer group has petitioned the FDA to have Meridia banned because of reports of a number of injuries and deaths associated with its use.
Some would argue that diet pills themselves are only half the problem and that the other half is the mindset people have that a bottle of pills can solve their troubles. Although there are many people who have a medical need for diet drugs to help them control or reduce serious obesity, most doctors will tell you that diet pills are intended for short-term use to help a person who is overweight or even clinically obese bring down his or her weight. However, doctors are not always aware of the dangers presented by the drugs they prescribe; very often, a doctor's main source for information about a drug is the drug manufacturer. Ultimately, even safe diet pills are not a long-term solution to a weight problem, and the only safe and sure way for an obese person to lose weight and keep it off is to change his or her lifestyle by eating less and exercising regularly.
If you suspect that you have been injured by one of the diet drugs mentioned here, or even by one not mentioned here, contact our office and we can help you to determine if you have a claim.
Like all drugs, diet drugs have some commonly experienced side effects that are usually not life-threatening such as headaches, insomnia, dry mouth, or irritability. However, if you are taking diet drugs, it is important to recognize the signs of more serious problems. These warning signs include:
* Unusually high blood pressure;
* Unusually elevated heart rate (i.e., your heart is "racing");
* Mental disorders, such as depression, mania, or hallucinations;
* Serious skin irritations, rashes, or hives; and
* Numbness.
If you are taking a diet drug and experience any of these symptoms, you should seek medical help immediately. Failure to do so could result in serious, permanent injury, especially to your heart.
Despite what insurance companies say, hiring a lawyer often results in more money in your pocket. More and more, insurance companies are contacting people who have been injured in an accident immediately after it happens and are offering to settle the claim. If this happens to you, it is important to remember that the insurance company is not looking after your interests but, rather, its own.
Insurers have been known to suggest that a quick settlement will net more money than if the insured hires a lawyer, but this is not true. Studies show that victims who are represented by a lawyer recover more for their injuries, medical bills, lost wages, pain and suffering, and other damages than do those not represented by a lawyer, even after the lawyer's fee has been paid! Why? Because a lawyer knows the rules. A lawyer knows what you are entitled to receive, and a lawyer knows how to present all of this to the insurance company and, if necessary, in court.
If you are injured in an accident, contact this office as soon as you can, because having a lawyer on your side is better than fighting alone.
The period of time following an accident is one of confusion and uncertainty. There are many things to take care of. Hiring a good lawyer is one of them.
Many times, people don't know where to go when they need legal help. If you or a loved one has been injured in an accident, call us. We will vigorously represent you and make sure that you are justly compensated for your injuries. That's our job.
The explosive growth of the Internet is well-known. With the growth of the Internet has come an explosion of Internet shopping. The following tips will allow you to stay safe as you buy on the web.
Make sure that communications between you and an online merchant are conducted through a secure Internet browser. Using a secure connection makes it far more difficult to steal private information from consumers, such as credit-card numbers. An easy way to check to see if your browser is secure is to look in the address line: If you see "https" before the web address, that means the connection is secure.
If the online merchant either requires or permits you to set up a user account, keep the password to your account private and do not use anything obvious, such as a phone number or birthday. You would not tell someone your ATM pin number, and you should not reveal your account passwords either.
The Internet is a lot like Main Street: Some merchants are trustworthy, some less so. Make sure you buy only from recognized companies that you know. Companies that have a regular store or a catalog business are often safer than Internet-only companies because you know they are more than just a webpage in cyberspace. It is easier for a crooked merchant to close up his shop on the Internet than it is to close up his shop on Main Street.
Read the merchant's shipping and return policies, so you know what to expect in case there is a problem with your order. Read the merchant's privacy policy if you do not want to receive a flood of spam e-mail.
Always pay by credit card. Although some merchants allow you to pay directly out of your checking account, federal law permits certain credit-card charges to be put on hold while a claim is being investigated, and it limits your liability for unauthorized charges made on your card to $50.
Keep records of the transaction. Most Internet merchants will send you an e-mail confirming your order, but also be sure to keep a printout of the order, just in case the e-mail does not arrive. Also keep track of any transaction numbers that you are given, which will make it easier to track your order.