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Gainesville Accident and Injury Attorney

12 Year Old Bronson Boy Killed in Another Tragic Bicycle Accident

Gainesville Bicycle Accident Attorney

A Bronson boy who was hit by a car while riding his bicycle died on Tuesday.  Keanu Becker, 12, was riding his bicycle when he was hit and thrown from his bicycle by a driver who claimed the sun was in her eyes.  He was riding his bicycle on 108th Lane in Levy County when hit from behind and shoved onto the shoulder of the roadway, according to a Florida Highway Patrol report.

Injuries and even deaths from bicycle accidents have become very frequent in Gainesville and the surrounding area recently.  However, the death of a young man who was just getting started in life and from all reports was well liked is particularly striking.

 

Another accident on I-75 in Gainesville closes Highway

Gainesville Auto Accident Attorney

Six people were injured, at least one seriously, in a crash on Interstate 75 south in Gainesville on Sunday night.  A a result, two of three lanes were closed for about an hour and a half, the Florida Highway Patrol said.

A sport utility vehicle in the center lane veered to the right and struck  a pickup truck.   The SUV then swerved back to the left, causing the vehicle to overturn, according to an FHP news release.

The injured were taken to both Shands at the University of Florida and North Florida Regional Medical Center.

If you are unfortunate enough to be injured in a collision on  I-75 you should contact the accident attorneys at the Law Office of Alba & Dubose right away to recover the compensation you deserve.  Gil Alba and J. Mark Dubose have over 30 years of experience representing the injured and their families.  Put that experience to work for you.

Franck’s Lab Product Suspected of Causing Eye Infections

Florida Personal Injury and Products Liability Lawyer

According to a report from the Centers for Disease Control and Prevention recently issued,  doctors should not  use any sterile products produced by Ocala Florida’s Franck’s Compounding Lab after two eye products made by the company are suspected in causing at least 33 cases of fungal eye infections.

Franck’s has issued recalls of the products.  But because the CDC said the root cause of the contamination was not known and the infections have been so serious causing vision loss, the federal agency issued the warning to avoid any product labeled sterile from Franck’s.

Although the investigation is ongoing, Franck’s continues to compound sterile products.

It is not the first time Frank’s products have been alleged to harm those they were meant to help.  In 2009, Franck’s  improperly mixed a supplement for 21 polo horses that contained far more selenium than required. The horses all died.

In March the California Department of Public Health was notified of nine cases of fungal eye infections from one surgical center.  All  involved patients who had undergone eye surgery and to whom the Franck’s-produced Brilliant Blue-G dye was administered. Almost immediately,  Franck’s recalled all of its Brilliant Blue-G dye, according to its website.  The dye is used by surgeons to highlight internal features of the eye during surgery.

More cases were discovered and included products containing the corticosteroid triamcinolone acetonide.  On March 29, Franck’s also recalled two lots of that preparation. The company website said the recall affected nine physicians and 13 prescriptions, and all the product was identified.

CDC tests confirmed the presence of several bacterial and fungal contaminants in sealed bottles and syringes of the dye.

The fungi that caused the infections are common, but the type of infections seen in the outbreak are very rare. Once introduced into the eye fluid, the fungi blooms and causes infection which can damage vision.

Of the 33 cases identified, 23 of the patients suffered partial to severe vision loss and 24 required additional eye surgery, according to the CDC report.

Contact our experienced personal injury and products liability attorneys if you would like to discuss your potential claims for injury resulting from a defective product.

Man Killed in Collision on Moped

Gainesville Moped Accident Attorney

A Gainesville man was killed and a woman critically injured Thursday when the moped they were on was rear-ended in southeast Alachua County.  Neither was wearing a helmet.

The driver of a Mustang said she didn’t see the moped, which was traveling at a slower speed, according to Florida Highway Patrol. The car hit the moped from the rear, throwing the driver and passenger off the bike.

If you or a loved on has been injured in an accident involving a moped, contact the experienced moped accident attorneys at Alba & Dubose PA.

Dedicated Oncology nurse practitioner killed in head-on collision

Gainesville Auto Accident Attorney

A Newberry woman on her way to work died in a three-vehicle crash on Archer Road early Friday morning.

Phyllis Kelley Pumphrey, 54, a long-time and well respected oncology nurse practitioner at UF at Shands, was killed as she traveled westbound in a 2002 Volvo S90.  A Kia Sorento coming from the other direction crossed the center line and struck Ms. Pumphrey’s  car, according to a Florida Highway Patrol media release.

The Kia then spun around and struck another vehicle traveling behind the Volvo.

The crash occurred at about 6:45 a.m. on Archer Road a quarter mile east of Southwest 122nd Street otherwise know as Parker Road.

Friends, co-workers and patients all were shocked by her tragic death and an outpouring of wishes for her family from all were quickly posted on various websites.   Patients and their families were particularly poignant in their description of her compassion and professionalism in dealing with patients of all ages and from all walks of life who are being treated for conditions that are very often terminal.

String of Motorcycle Accidents occurs

GAINESVILLE MOTORCYCLE ACCIDENT ATTORNEY

A string of motorcycle accidents resulting in injuries and, in at least one instance, death continues in the Gainesville area.  Often automobile drivers look past the motorcyclist because it’s a smaller object on the road and they never see the motorcyclist.

A Summerfield man was killed in an early morning accident Thursday in Williston.  Apparently, he was wearing a helmet, was thrown from the 2008 Suzuki he was riding and died following the collision when a truck attempted to make a left hand turn in front of him.

In a similiar fatal accident Monday near Ocala, another vehicle turned left in front of a motorcycle killing the motorcyclist.  Also on Thursday, a 23-year-old  student was critically injured in a motorcycle crash.   He apparently lost control of the motorcycle and ran head-on into a palm tree.

Accidents caused by drivers of automobiles turning left into the path of a motorcyclist are a common cause of crashes between the two types of vehicles.

If you have been injured in a motorcycle accident, put the experienced attorneys at Alba & Dubose PA to work for you.

Worst Alachua County Intersections for Accident and Injuries

Crash data reveals the worst intersections in Alachua County for accidents, injuries and accidents by traffic volume.

Northwest 34th Street and Northwest 39th Avenue ranked as the worst intersection in the county.  Crash reports showed that from January1, 2007 to December 31, 2009 there were 72 crashes with 26 injuries at the intersection.

The remaining top 10, starting with the second most dangerous, were:

  1.   Southwest Archer Road and the north Interstate 75 on and off ramps.
  2.  Southwest Archer Road and Southwest 37th Boulevard.
  3.  West University Avenue and Northwest 22nd Street.
  4.  Southwest 20th Avenue and Southwest 62nd Boulevard/Southwest 52nd Street.
  5.  Southwest 16th Avenue and Southwest 13th Street.
  6. Southwest 34th Street and Southwest 20th Avenue.
  7.  Southwest 13th Street and Southwest Williston Road.
  8.  Southwest Archer Road and the south I-75 on and off ramps.
  9.  Southwest 40th Boulevard and Southwest Archer Road.
  10.  Newberry Road and Northwest 75th Street.

The last three intersections tied at ninth.

A more detailed analysis was performed of the intersections at Northwest 34th Street and Northwest 39th Avenue, West University Avenue and Northwest 22nd Street, Southwest 34th Street and Southwest 20th Avenue, Southwest 13th Street and Southwest Williston Road, and Newberry Road and Northwest 75th Street.

Most of the accidents at these intersections occurred during high congestion times and were rear-end or angle type collisions.

For example, at the intersection of Northwest 34th Street and Northwest 39th Avenue, rear-end crashes accounted for 54 percent of accidents, with angle collisions taking place in 32 percent of wrecks.  Most of the accidents there occurred on weekdays from 8 a.m. to 9 a.m. or 6 p.m. to 7 p.m.

If you or a loved one have been injured in an accident at any of these intersections, contact the experienced auto accident attorneys at the Alba & Dubose PA.  Put their experience helping the injured to work for you.

Deadly Bus Accidents: Prior inspections fail to notice defects

Gainesville Auto and Bus Accident Attorney

A state-certified vehicle inspection station was cited by federal authorities for failing to notice defects in a bus that crashed, killing 17 passengers.  However, the inspection station simply moved and continued to operate with state approval.  The situation highlights the lack of oversight for the businesses that perform state inspections of buses and other large commercial vehicles.

Records examined by The Associated Press show that three of the deadliest bus crashes in recent years raised questions about the commercial vehicle inspection programs in Texas, Illinois and Mississippi and prompted calls from the National Transportation Safety Board for better oversight. Forty people died in those wrecks, yet the agency to which the recommendations were directed, the Federal Motor Carrier Safety Administration, has refused to act.

The inaction has rankled safety advocates, who believe government regulators aren’t attentive to the needs of bus travelers.  Federal regulations require that commercial vehicles be inspected annually. However, those inspections can be conducted by state personnel, private garages or even the companies operating the vehicles.

More than half the states have no prescribed inspection requirements.  Instead, it is up to the motor carriers themselves.

Documents recently obtained by the AP shed new light on the crash in the North Texas city of Sherman, one of the worst in U.S. history.  NTSB investigators determined that a blown tire caused the bus to careen off the highway. But they also found evidence calling into question the inspection conducted  eight days earlier.  The NTSB reported evidence indicating  a retread tire illegally affixed to the front axle and grease contamination in one of the brakes.

If you or a loved one have been injured in an accident involving a bus, contact the experienced accident attorneys at Alba & Dubose PA to recover the compensation you deserve.

Dangers of Distracted Teens Drivers

Gainesville Auto Accident Attorney

A new study from AAA has gathered limited information about the extent to which teens talk, text and otherwise divert attention from the road.

The  study evaluated newly licensed teenage drivers from 50 North Carolina families. Over six months, audio and video recordings were taken from inside vehicles to see when teens looked away from the road.   Other equipment also recorded driving changes like sudden braking and turning to help show how drivers react when distracted.

The results:   Teens are less likely to text or talk on the phone when a passenger is in the car, but more likely to take other additional driving risks when a peer is riding along.  There was a strong correlation between teenage distractions like texting or loud conversations and accidents.

Despite these widely accepted presumed facts about texting and driving, the Florida legislature again failed to pass a proposed bill to ban texting and driving this year.

The study also indicated that the first six months as a driver are “highly dangerous” because teenagers are still learning to focus on driving.  Also, as teen drivers get more comfortable behind the wheel, distracting behaviors become more prevalent.

Other findings:

Seven percent of the evidence showed teens using electronic devices. This was the most common distracting activity for boys and girls.

Other than electronic devices, teens engaged in some form of potentially distracting activity 15 percent of the time.

Girls were nearly twice as likely to use an electronic device as boys and 50 percent more likely to reach for an object.

Boys were twice as likely as girls to turn around in their seats.

Distracted driving is a significant issue everywhere but probably even more so for Gainesville and its large young community of drivers due to the University of Florida.

It’s worth noting that young drivers, of course, aren’t the only ones succumbing to distraction.

Earlier this year, AAA released its annual Traffic Safety Culture Index. Among the findings: 32 percent of drivers surveyed admitted driving while drowsy in the previous month, 35 percent said they had read a text or email while driving in the previous 30 days, and 26 percent had sent a text message while driving.

If you or a loved one have been injured due to a distracted driver, contact the experienced and aggressive personal injury attorneys at Alba & Dubose P.A.  Put their experience to work for you.

Changes to Florida’s PIP Statute for 2012

Gainesville Personal Injury Attorney

Significant changes in Florida’s personal injury protection laws were signed into law last week.  The insurance industry claims the  changes will help reduce fraud.   Obviously, they are not really concerned about fraud.   Their only goal is to create vastly increased profits due to changes to the PIP statute.   However, will it help accident victims?  No.  Most accident victims will see a 75% reduction in PIP benefits even though they will continue to pay the same premium for this state-mandated coverage. The essence of the changes for policies issued or renewed after July 1, 2012 is:

-The accident victim must seek treatment within 14 days of the accident.

-The insured is allowed to seek the full $10,000.00 in PIP benefits only if they are diagnosed with an “Emergency Medical Condition (EMC)”

-EMC is defined as:

-Acute symptoms of sufficient severity such that the absence of immediate medical attention could reasonably be expected to result in:

SERIOUS jeopardy to patient health

SERIOUS impairment of bodily function

SERIOUS dysfunction of any bodily organ or part.

-Only an M.D., D.O., P.A or ARNP is authorized to make the diagnosis of EMC

-Massage therapy even by a licensed massage therapist and acupuncture treatment is not reimbursable at all under the new PIP statute

-If the insured is not diagnosed with an EMC or if the insured wants to seek treatment initially with a chiropractor, the patient only gets to use up to $2,500.00 of the PIP benefits they have paid for.

-The insured gets $0 in PIP benefits if he/she seeks treatment beyond the 14 days after the motor vehicle accident no matter the seriousness of the injury.

-The insurance company gets an additional 60 days to pay benefits if it “suspects” insurance fraud. There is no definition or test as to what “suspect” means in the statute

-The bill allows the insurer to use Medicare coding policies and payment methodologies to further reduce bills

-An insured must sit for an examination under oath (EUO) as a condition precedent to receiving benefits. In other words, before the provider gets paid for his/her services, the patient has to sit, if requested by the insurance company, for an EUO

And finally, probably most importantly, considering the purported reason for the new rules being the desire to reduce fraud and thus save customers money, the bill failed to incorporate the Senate’s 25% rate rollback for consumers.

In the end, the insurance companies got a guaranteed benefit while the citizens of Florida got no guarantees at all.

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