Tag Archives: Child Accident Attorneys

Is My Personal Injury Settlement Taxable In Florida?

Is My Personal Injury Settlement Taxable In FloridaAt Zarzaur Law, we do get a lot of clients asking at the end of their case if their personal injury compensation is taxable. Normally, the compensation you receive for the physical pain and suffering associated with your car accident (or other type of accident that caused personal injury) and attendant injuries is not taxable. This compensation is considered to align with your compensation for medical expenses and, therefore, avoid tax liability. These personal injury awards are reportable, but not taxable.

While we are lawyers and not accountants, we always advise our clients to seek the advice of a tax professional with questions in regards to income from a settlement.

Below is some basic information to help answer this question.

Personal Injury Damages That Can Be Compensated For And Not Taxable Include:

Medical expenses 
Physical and mental pain and suffering
Permanent injuries and impairments

Handling Your Medical Expenses

According to an article by Picnic Tax, the tax treatment of settlements received for an injury depends on how you handle your medical expenses. If you did not deduct any medical expenses related to your physical injury on previous tax returns, the settlement money you receive is not taxable. The IRS won’t allow you to double-dip, however. If you deducted medical expenses related to your injury during the previous year, part of your settlement is taxable.

An Example:

Let’s say you were injured in a car accident in 2020. As a result of the accident, you required surgery that cost $30,000. You paid the hospital bill in 2020 and deducted $30,000 from your income taxes as a medical expense. In 2021, the lawsuit related to your accident was settled, and you received $50,000 for your physical injuries to cover both past and potential future medical expenses. In this case, $30,000 of your settlement is taxable and $20,000 isn’t.

Emotional Distress

Emotional distress settlements related to your physical injuries aren’t taxable. In the car accident example, if you were unable to work for several months after your accident and had subsequent surgery, you were also unable to enjoy life as you normally would. This resulted in severe depression and emotional distress. In this case, your emotional distress settlement isn’t taxable because the distress was the direct result of your injuries.

However, compensation for emotional distress only, without a physical injury, may be taxable. 

Questions To Ask A Tax Professional About Your Injury Settlement

If you are concerned that your Florida injury settlement could have a negative effect on your finances come tax time.

Ask questions such as:

  • What type of information and documentation do you need from me?
  • Is any of the money I received taxable?
  • How does the IRS determine what is and isn’t taxable?
  • What impact does the injury settlement have on other taxes that I may have to pay?

A Florida tax professional can answer these questions, among others, to ensure that you’re making safe financial decisions.

Watch Our YouTube Video On This Topic

Joe Zarzaur is a Board Certified Civil Trial Attorney whose firm is dedicated to promoting community safety since 2007. ZARZAUR LAW’S AREAS OF PRACTICE: Serious Personal Injury, Product Defect, Auto Accidents, Cycling Accidents, Motor Vehicle Accidents, Products Liability, Wrongful Death, Community Safety, Boat and Jet Ski Accidents, Slip and Fall Injuries, and more.

Licensed in Alabama and Florida.

If you’ve been in an accident, it’s important that you don’t make any rash decisions. Put yourself in the best possible position to receive the justice you deserve. It is also important to consult with a Board-Certified Trial Lawyer who has the knowledge and experience to help you.

We know accidents can be stressful and want to make the process as easy as possible for you. Call Zarzaur Law, P.A. today at (855) Hire-Joe, or by requesting a free case review through our website.

Are Legal Settlements Taxable? Tax Implications of Settlements and Judgments

https://www.irs.gov/government-entities/tax-implications-of-settlements-and-judgments

Midwifery Care And Risk Factors

When planning for the birth of a new baby, there are many options and decisions that soon-to-be new moms need to make. One of the most important decisions is choosing a healthcare provider during your pregnancy. One type of provider is a midwife.

Midwives are healthcare providers who deal with pregnancy, childbirth, newborn care, and postpartum health. Some midwives provide routine reproductive care like pelvic exams, Pap tests, or counseling on birth control. Midwives tend to be more holistic and supportive of natural approaches to pregnancy and birth. Midwives are normally used by those who choose to have a planned home birth. 

Are There Risks Associated With Using A Midwife?

While midwives provide the majority of care in countries like the U.K. and the Netherlands, midwife-led home births account for only about 10% of births in the United States.  (https://www.forbes.com/health/family/what-is-a-midwife/)

While in recent years, more families have sought out a more holistic, non-hospital location for giving birth and for the care provider, such as a home birth using a midwife, the complications of giving birth outside of a hospital have their own risk factors and cause concern.

Midwives consult with OBGYNs, maternal-fetal medicine specialists, and other healthcare providers to mitigate risk in your care. Working with a midwife who attends births in a hospital setting is usually recommended if you are worried about delivery. This can give you the safety net you’re looking for if a complication arises.

CASE STUDY: Recent Midwifery Medical Malpractice Case At Zarzaur Law

In a recent medical malpractice case, the firm handled an expecting mother who enrolled the services of midwives for an out-of-hospital birth.  The risks of this pregnancy and labor included:

  • Advanced maternal age
  • Absent collaboration with a physician with admitting privileges at a hospital in the immediate area
  • Incomplete emergency backup plan
  • Pregnancy extending to late-term and post-term (41-42 weeks)
  • Meconium stained amniotic fluid
  • Arrest of cervical dilation, with the ultimate outcome resulting in severe medical complications for the laboring mother and intrauterine fetal demise.

If you would like more information on the particular case or have had a similar, complicated experience, please reach out to the firm at zarzaurlaw.com or call us at 855hirejoe.

Why Would You Use A Midwife Instead Of A Doctor?

Many women choose a midwife over a doctor because they want additional emotional support before, during, and after delivery. A midwife will get to know you, your family, and your preferences over the course of your pregnancy. Midwives also allow for a planned home birth in Florida.

What Are The Possible Risks Of A Planned Home Birth?

midwifery care and risk factorsMost pregnant people who choose to have planned home births deliver without problems. But research suggests that planned home births are associated with a higher risk of infant death, seizures, and nervous system disorders than planned hospital births.

There are several factors that might reduce the risks of these problems, including having:

  • Assistance from a certified nurse-midwife
  • Access to a doctor who specializes in obstetrics
  • A plan for transportation to a nearby hospital, if needed

It’s important to talk to your health care provider before you make a decision about a planned home birth. For some people with certain health conditions, as well as those who have never given birth before, the risks of a planned home birth may be higher than they are for others.

What Is A Midwife?

Midwives are healthcare providers who deal with pregnancy, childbirth, newborn care, and postpartum health. Some midwives provide routine reproductive care like pelvic exams, Pap tests, or counseling on birth control. Midwives tend to be more holistic and supportive of natural approaches to pregnancy and birth. People often choose a midwife when they know they want a nonmedicated birth or want to give birth at home.

Midwives are usually not physicians. They often work alongside obstetricians and gynecologists (Ob/Gyns) in a hospital to ensure you have access to any care you need. A midwife is recommended when your pregnancy is low-risk or if you have only mild complications.

Pregnancy and labor are very personal experiences. You have a choice about the kind of care you’d prefer. That’s why it may help to know the differences between midwives and Ob/Gyns.

What Does A Midwife Do?

It depends on their credentials, certifications, schooling, and where they practice. Certified midwives and certified nurse midwives can offer the most services. Midwives who aren’t certified offer fewer services.

Some of the health services a midwife may provide include:

A certified nurse midwife can practice at hospitals, clinics, birth centers, or your home. Midwives who are not certified are limited in where they can practice. It’s best to ask your midwife what credentials they have and ask your hospital or birth center what the regulations are for midwife care.

What Are The Different Types Of Midwives?

There are a few different types of midwives:

  • Certified nurse midwives (CNMs): CNMs have completed nursing school and have a graduate degree in midwifery. In addition to pregnancy care and delivery, they can provide general reproductive care, prescribe medication, order lab tests and diagnose conditions. They’re qualified to work in hospitals, homes, and birth centers. CNMs are certified by the American Midwifery Certification Board. They work in all 50 states and the District of Columbia.
  • Certified midwives (CMs): CMs have a master’s degree in midwifery, but they haven’t completed nursing school. CMs have an undergraduate degree in something other than nursing. They’re certified by the American Midwifery Certification Board and can prescribe medications. CMs are only licensed to practice in a few (nine) states.
  • CPMs (certified professional midwives): CPMs work in birth centers or at home.They have completed coursework and are certified by the North American Registry of Midwives. CPMs aren’t licensed to practice in all states and can’t prescribe medications.
  • Unlicensed or lay midwives: These midwives don’t have certification or a license to practice. They are either self-taught or have received some other type of training, which could include an apprenticeship. Unlicensed midwives work almost exclusively in homes.

Are Midwives Doctors?

Most midwives aren’t doctors. Some earn doctorates in nursing practice.

The Differences Between A Midwife And An OB-GYN

OB-GYNs and midwives both provide great pregnancy care and safely deliver babies. But there are some fundamental differences.

OB-GYNs and midwives have different credentials and educational backgrounds.

While OB-GYNs and midwives are part of the same specialty area, the training, education requirements, and credentials they hold are different.

OB-GYNs are medical doctors

An OB-GYN (which is short for obstetrician-gynecologist) is a medical doctor who specializes in women’s reproductive health, as well as pregnancy care and delivering babies. They’re also surgically trained and can perform cesarean sections (C-sections) when necessary. You may already have visited an OB-GYN for your annual well-woman’s visit.

When it comes to training and education, OB-GYNs complete four years of medical school, a four-year residency program, and a three-year fellowship.

Board-eligible vs. Board-certified OB-GYNs

OB-GYNs – like other medical doctors – can also pursue certification from the American Board of Obstetrics and Gynecology (ABOG) after they’ve completed their residency and gotten their license to practice. Board-certification is optional but a mark of distinction, implying that a doctor has gone above and beyond the minimum standard of education in their field.

The path to certification requires passing a qualifying exam, preparing an extensive case list demonstrating expertise in multiple categories, and then passing a certification exam. At HealthPartners, all our OB-GYNs are board-certified.

Is A Midwife Better Than An OB/Gyn?

It’s a personal preference. Some people prefer midwives, and others prefer OB/Gyns. A midwife is typically only recommended for low-risk pregnancies. Most pregnancies in the United States are low-risk. Some advantages of using a midwife are:

  • There is less chance of induction or assisted delivery.
  • Cesarean delivery is less likely.
  • Reduced use of epidurals or other medications.
  • There is less risk of third and fourth-degree perineal tears.
  • More flexibility for home births.
  • You have greater control over your care.

Midwives are typically not trained to perform surgeries. Midwives will refer people to OB/Gyns if their pregnancy or birthing experience becomes complicated or high-risk.

Should You Have A Midwife?

A midwife might be for you IF you have a low-risk, routine pregnancy and if you desire a more personalized relationship with your provider. If you have a health condition that could complicate your pregnancy or delivery, close collaboration between your midwife and obstetrician is ideal. Some of these conditions include:

If you decide to use a midwife, we recommend finding one who’s licensed and certified to practice in your state.

The links below provide information on midwifery practices and licensed midwives in the state of Florida.

 

Florida Rule 64B24-7 Midwifery Practice >

Florida Statute Chapter 467 Midwifery >

FL DOH Licensed Midwifery >

Do Midwives Do C-sections?

Midwives can’t perform c-sections, but they can assist in them. If you require a c-section, a collaborating physician will be called on to assume care.

Do Midwives Give Epidurals?

Some midwives can prescribe epidurals, but midwives can’t give epidurals. They consult with an anesthesiologist or a certified registered nurse anesthetist (CRNA). Anesthesia providers are typically available in hospital settings only.

What Questions Should You Ask Before Choosing A Midwife?

A lot of people interview potential midwives to make sure they feel comfortable with them prior to beginning services. Some questions you should consider before choosing a midwife are:

  • Where will I deliver my baby?
  • What kind of training do you have?
  • How long have you been a midwife?
  • How many births have you attended?
  • What are your philosophies or values when it comes to childbirth?
  • What kinds of tests or screenings do you perform during pregnancy?
  • Does insurance cover any of the cost?
  • Do you work with any local Ob/Gyns?

If Necessary, Prepare To Go To A Hospital

Make the following preparations for a smooth transition to a hospital, if you need it:

  • Discuss with your health care provider the symptoms that might mean you’ll have to go to a hospital. Talk about how that fits into your birth plan.
  • Make sure you have access to transportation. Ideally, your home or other birth location is within 15 minutes of a hospital with 24-hour maternity care.
  • Ask your health care provider to make arrangements with a nearby hospital to ensure that you can be promptly moved to the hospital and treated, if necessary.

The links below provide important information with regards to emergency backup plans and agreements for midwives in the state of Florida.

 

Florida Department of Health Emergency Plan for Licensed Midwifery >

Florida Department of Health Collaborative Management Agreement >

Hospitals or certified birth centers are the safest settings for delivery. However, you have the right to make an informed decision about where you prefer to deliver your baby. Keep in mind that life-threatening problems can occur during labor and delivery. In those cases, the need to take you and your baby to a hospital could delay care. That could put your lives at risk. Understand the risks and benefits of a home birth before you make a decision about where to deliver.

Watch Our YouTube Video On This Subject 

Joe Zarzaur is a Board Certified Civil Trial Attorney whose firm is dedicated to promoting community safety since 2007. ZARZAUR LAW’S AREAS OF PRACTICE: Serious Personal Injury, Product Defect, Auto Accidents, Cycling Accidents, Motor Vehicle Accidents, Products Liability, Wrongful Death, Community Safety, Boat and Jet Ski Accidents, Slip and Fall Injuries, and more. Licensed in Alabama and Florida.

If your newborn child has been injured or have experienced a birth injury, while in the care of a midwife, it’s important that you don’t make any rash decisions. Put yourself in the best possible position to receive the justice you deserve. It is also important to consult with a Board-Certified Trial Lawyer who has the knowledge and experience to help you. We know accidents can be stressful and want to make the process as easy as possible for you. Call Zarzaur Law, P.A. today at (855) Hire-Joe, or by requesting a free case review through our website.

Sources:

https://my.clevelandclinic.org/health/articles/22648-midwife

https://www.healthpartners.com/blog/midwife-vs-obgyn-whats-the-difference/

https://www.mayoclinic.org/healthy-lifestyle/labor-and-delivery/in-depth/home-birth/art-20046878

Florida Rule 64B24-7 Midwifery Practice

https://www.flrules.org/gateway/ChapterHome.asp?Chapter=64B24-7

Florida Statute Chapter 467 Midwifery

http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0400-0499/0467/0467.html

FL DOH Licensed Midwifery

https://www.floridahealth.gov/licensing-and-regulation/midwifery/index.html

FL DOH Emergency Backup Plan For Licensed Midwifery

https://www.floridahealth.gov/licensing-and-regulation/midwifery/resources/_documents/emergency-backup-plan.pdf

FL DOH Collaborative Management Agreement

https://www.floridahealth.gov/licensing-and-regulation/midwifery/resources/_documents/collaborative-management-agreement.pdf

August Is Back-To-School Month And Child Safety Awareness Month In Florida

As students across Florida and in Escambia and Santa Rosa Counties head back to school over the next week, the Florida Department of Highway Safety and Motor Vehicles (FLHSMV), its division of the Florida Highway Patrol (FHP), reminds us that August is Child Safety Awareness Month. This awareness initiative reminds motorists to drive safely on Florida roads as children once again not only travel on school buses but also very close to roads and traffic on their bikes and use crosswalks.

In 2021, There Were
2,700 School Bus Crashes In Florida.
And 34 School Buses Crashed In
Escambia County

 

“Our morning and afternoon commutes will start to look different as the school year begins, but one thing that must remain constant is our commitment to driving safely,” said FLHSMV Executive Director, Terry L. Rhodes. “This Child Safety Awareness Month, and every month, I urge all motorists to be vigilant on the roads and remind parents and caregivers to ensure children are protected when in and around cars.”

IN 2021, THERE WERE
118,668 CHILDREN AGES 0 TO 17
INVOLVED IN A CRASH IN FLORIDA,
RESULTING IN 1,215 SERIOUS BODILY INJURIES
AND 167 FATALITIES.

As children travel to and from school, motorists must ensure they arrive safely by obeying school-zone speed limits, remaining attentive around child pedestrians and bicyclists, and properly stopping for school buses. In 2021, there were 2,700 school bus crashes in Florida.

“As we prepare for a new school year, FHP urges all drivers to exercise extreme caution on their daily commutes.” Slow down in school zones, do not drive distracted, and stop for stopped school buses,” said Colonel Gene S. Spaulding, Director of the Florida Highway Patrol. “Our children are our future, and they are depending on you to protect them.”

In 2021, 33% of child passengers killed in car accidents in Florida were not wearing any type of restraint. A seat belt or child restraint is a vehicle’s most important safety feature, but it only works if it is used and used correctly every time. Florida law requires the use of seat belts or child restraint devices by drivers of motor vehicles, all front-seat passengers, and all children under 18 riding in a vehicle. Florida law also requires children ages 5 and under to be secured properly in a crash-tested, federally approved child restraint device.

According to a new AAA survey
of Florida drivers,
38% admitted to speeding
in an active school zone and
32% admitted to using their hand-held cell phones
while driving in active school zones.

 

Back-to-School Safety Checklist

Secure their future by buckling up and selecting the appropriate seat.

  • Seat belts save lives and are required to be worn by all drivers, front-right passengers, and anyone under the age of 18; however, FLHSMV strongly recommends seat belt usage for all ages.
  • The best car seat is the one that fits your child’s size, is correctly installed, fits well in your car, and is used properly every time you drive.
  • When installing a car seat in your vehicle, be sure to read the seat’s instruction manual and the portion of your vehicle’s owner’s manual.
  • Remember to check for car seat and booster seat recalls and signs up to receive any potential alerts in the future.
  • Watch our video on how to properly install a car seat >

 

Stop For School Buses And Slow Down In School Zones.

  • As of January 1, 2021, the penalties for failing to stop for a school bus and passing a stopped school bus on the side where children enter and exit doubled. It is imperative that all motorists properly stop for school buses so all of Florida’s children can arrive at school or home safely.
  • Using a wireless communications device in a handheld manner while driving in a designated school crossing, school zone, or active work zone area is against the law and extremely dangerous.
  • Be alert and watch for children, especially near schools, bus stops, school buses, and in school parking lots. Pay extra attention to the lower speed limits in school zones. Only drive or park in authorized areas to drop off or pick up children at school.
  • If you’re driving behind a bus, allow a greater following distance than if you were driving behind a car. It will give you more time to stop once the yellow lights start flashing. It is illegal in all 50 states to pass a school bus that is stopped to load or unload children.
  • Never pass a bus stopped to load or unload children from behind – or from either direction if you’re on a one-way street.
  • If the yellow or red lights are flashing and the stop arm is extended, traffic must stop.
  • The first ten feet around a school bus are the most dangerous for children; stop far enough back to give them enough room to enter and exit safely.

 

Move Safely Together—Look Out Before You Step Out.

  1. Always walk on the sidewalk if there is one. If no sidewalks are present, walk against the direction of traffic so that you can see oncoming vehicles.

2. Cross the roadway where pedestrians are expected, at corners or in crosswalks, and watch for traffic when crossing the street.

3. Pay attention. Avoid headphones so that you can hear the traffic and pedestrians around you. Never text or look at your phone when crossing the street.

4. Plan a walking route to school or the bus stop. Choose the most direct route with the fewest street crossings and, if possible, with intersections that have crossing guards.

5. Walk the route with your child ahead of time. Tell him or her to stay away from parks, vacant lots, fields, and other places where there aren’t many people around.

6. Teach your child never to engage in conversation with strangers or accept rides or gifts from strangers. Remember, a stranger is anyone you or your children don’t know well or don’t trust.

7. Be sure your child walks to and from school with a sibling, friend, or neighbor.

8. Teach your children to obey all traffic signals, signs, and officers whether they are walking, biking, or taking the bus to school. Remind them to be extra careful in bad weather.

9 . When transporting children, try to deliver and pick them up as close to the school as possible. Don’t leave until they are in the schoolyard or building.

10. If your child bikes to school, make sure he wears a helmet that meets one of the safety standards (U.S. CPSC, Snell, ANSI, ASTM, or Canadian). Research indicates that a helmet can reduce the risk of head injury by up to 85 percent.

11. If your child rides a scooter to school, make sure she wears sturdy shoes, a helmet, kneepads and elbow pads. Children under age 12 should not ride motorized scooters, according to recent recommendations from the Consumer Product Safety Commission.

12. Teach children to arrive at the bus stop early, stay out of the street, wait for the bus to come to a complete stop before approaching the street, watch for cars and avoid the driver’s blind spot.

13. Remind your children to sit at all times and to keep their heads and arms inside the bus. When exiting the bus, children should wait until the bus comes to a complete stop, exit from the front using the handrail to avoid falls, and cross the street at least 10 feet (or 10 giant steps) in front of the bus.

14. Advise your child not to bend down in front of the bus to tie shoes or pick up objects, as the driver may not notice him before the bus begins to move.

15. Be sure that your child knows his or her home phone number and address, your work number, the number of another trusted adult, and how to call 911 for emergencies.

 

Check For Kids And Pets.

  • As routines change, it’s imperative to remain vigilant and make sure all children are out of the vehicle and accounted for before leaving. Put your purse, phone, or shoes in the backseat as a reminder to check.
  • Never leave a child or pet unattended in a vehicle. Florida temperatures are hot and will rapidly increase in minutes, even if parked in the shade or with a window cracked.

 

Remember – Our Children’s Safety Comes First!

Although all parents warn their children about the dangers of traffic, we need to remember that children are still young and still learning. With all of the distractions around them, it’s easy to imagine a child stepping off of the bus and not being able to hear or notice oncoming traffic. We are the adults; it is our duty to abide by the laws put in place, not be in a hurry, or be distracted.

For additional safety tips, resources, and data related to child safety, visit the FLHSMV Child Safety webpage.

Joe Zarzaur is a Board Certified Civil Trial Attorney whose firm is dedicated to promoting community safety since 2007. ZARZAUR LAW’S AREAS OF PRACTICE: Serious Personal Injury, Product Defect, Auto Accidents, Cycling Accidents, Motor Vehicle Accidents, Products Liability, Wrongful Death, Community Safety, Boat and Jet Ski Accidents, Slip and Fall Injuries, and more. Licensed in Alabama and Florida.

It is also important to consult with a Board Certified Trial lawyer who has the knowledge and experience to help you. We know accidents can be stressful and want to make the process as easy as possible for you. Call Zarzaur Law, P.A. today at (855) Hire-Joe for a free legal consultation or visit www.zarzaurlaw.com.

If you’ve been the victim of an auto accident, it’s important that you don’t make any rash decisions. Put yourself in the best possible position to receive the justice you deserve. It is also important to consult with a Board Certified Trial lawyer who has the knowledge and experience to help you. We know accidents can be stressful and want to make the process as easy as possible for you. Call Zarzaur Law, P.A. today at (855) Hire-Joe, or by requesting a free case review through our website.

Sources:

https://www.flhsmv.gov/2022/08/01/flhsmv-recognizes-august-as-child-safety-awareness-month-2/

https://www.flhsmv.gov/safety-center/child-safety/

Important Information About Water Safety For Florida Parents

The month of May is a time to celebrate National Water Safety Month. The entire month of May has been officially dedicated as a time to bring awareness and education about water safety to the general community. This initiative is coordinated by the Pool & Hot Tub Alliance, with support from the American Red Cross, the National Recreation and Park Association, and the World Waterpark Association. Read on for more information on water safety for Florida parents

There are 10.4 million residential and 309,000 public swimming pools and an additional 7.3 million hot tubs operating in the U.S.

Over the summer, 8 out of 10 Americans are planning to swim in a pool. For children and teens between the ages of 7 and 17, swimming remains the #1 most popular recreational activity.

Child Drownings In The United States Have Reached A Ten-Year High.

Pediatric drowning rates reached a 10-year record high. National Water Safety Month is May. Water is a “silent killer” for children. Child drownings remain the leading cause of unintentional death among U.S. children ages 1 to 4, according to the CPSC. Three-quarters of those deaths involved children younger than the age of 5, and 83% of those occurred in residential pools.

Florida Set A New Low In 2021.

Florida hit a grim new record in 2021, reporting the most child drownings since at least 2009.

The Florida Department of Children and Families report shows that deaths rose from 69 in 2020 to 98 in 2021. Twenty-four of those children drowned in Hillsborough, Pinellas, Pasco, Polk, Hernando, Sarasota, and Manatee counties.

Before letting your children hit the water this summer, remember these few tips to ensure it’s an enjoyable and safe experience.

  • Never leave a child unattended in or near water. The designated adult water watcher should not read, text, use a phone, or otherwise be distracted while watching children. This advice includes situations involving bathtubs, buckets, decorative ponds, and fountains.
  • If you own a pool or spa, install layers of barriers to prevent an unsupervised child from getting into the water. These measures can include door alarms, pool covers, and self-closing, self-latching devices on doors that access the pool and on gates of four-sided fences.
  • Learn how to perform CPR on children and adults.
  • Learn how to swim and teach your child how to swim. Contact your local YMCA about swimming lessons.
  • Keep children away from pool drains, pipes, and other openings to avoid entrapment. Your pool or spa should have drain covers that comply with federal safety standards. If you’re not sure, ask your pool service provider about safer drain covers.

What About Beach Swimming?

Swimming in open water is much different than swimming in a pool, but most people are not aware of the dangers, especially for children. Florida’s beaches are a glittering playground made of sun and sand–and by all means, you should enjoy the water!

You can splash in the shallows, ride the waves, or just bob up and down in the surf.

But before you dip one toe in the ocean, make sure you know these simple ocean swimming safety rules to keep you safe.

Swimming in the ocean or a large body of water is different than swimming in a pool or most small lakes. You’ll need to watch out for:

  • Riptides and undercurrents
  • Unexpected changes
  • Drop-off water depths
  • Rocks, debris, and other hazards and obstacles.
  • Whether there’s local marine life that can sting or bite
  • Boats, ships, and other watercraft that may be in the water at the same time.
  • There is bad weather in the area, such as lightning or thunderstorms.
  • Hurricane warnings

What Do Beach Flag Colors Mean?

The list below outlines what the colored flags you’ll see posted at the beach generally mean. Your local beach may differ slightly, though.

Ask a lifeguard or beach patrol if you aren’t sure what the flag means before entering the water.

  • Double red flag: water closed, no public swimming
  • Red flag: high hazard of surf and/or currents
  • Yellow flag: medium hazard or moderate surf and/or currents
  • Purple flag: dangerous marine life such as jellyfish, stingrays, or dangerous fish
  • Green flag: low hazard, calm conditions
  • Black and white checkered flag: set up along the beach, usually as a pair, to indicate separate sections to help keep swimmers and surfers safely apart in the water

Florida Residential Pool Safety Act

Protecting these young children was the reason the Florida Legislature passed the residential pool safety act and homeowners should make certain their pools are in compliance with the Act.

Watch the YouTube Video with Joe Zarzaur  >

Joe Zarzaur is a Board Certified Civil Trial Attorney whose firm is dedicated to promoting community safety since 2007. ZARZAUR LAW’S AREAS OF PRACTICE: Serious Personal Injury, Product Defect, Auto Accidents, Cycling Accidents, Motor Vehicle Accidents, Products Liability, Wrongful Death, Community Safety, Boat and Jet Ski Accidents, Slip and Fall Injuries, and more. Licensed in Alabama and Florida.

If your child has been injured or has been a victim of a drowning due to an unsafe pool, hot tub or proper, put yourself in the best possible position to receive the justice you deserve. It is also important to consult with a Board Certified Trial lawyer who has the knowledge and experience to help you. We know accidents can be stressful and want to make the process as easy as possible for you. Call Zarzaur Law, P.A. today at (855) Hire-Joe, or by requesting a free case review through our website.

Sources:

http://www.floridahealth.gov/programs-and-services/prevention/drowning-prevention/index.html

Florida statute – http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0500-0599/0515/0515.html

https://www.today.com/parents/morgan-miller-shares-heartbreaking-plea-anniversary-daughter-s-drowning-t221539?cid=sm_npd_td_fb_ma&fbclid=IwAR3BNhSgUz3eUJ2hz_biEVcXXGLsBXC60N4Dm4gg9SA8eJPR2hk0ihWCdTE

https://pinellas.floridahealth.gov/newsroom/2022/04/water-safety-month.html

https://www.mynews13.com/fl/orlando/news/2022/05/03/florida-health-offers-advice-for-national-water-safety-month

https://nwsm.phta.org

Water Safety

https://www.redcross.org/get-help/how-to-prepare-for-emergencies/types-of-emergencies/water-safety.html

https://wusfnews.wusf.usf.edu/health-news-florida/2022-01-12/florida-reports-a-rise-in-child-drownings-in-2021

https://www.visitflorida.com/travel-ideas/articles/florida-beaches-ocean-swimming-safety-tips/

Florida hit a grim new record in 2021, reporting the most child drownings since at least 2009.

https://www.cdc.gov/nchs/products/databriefs/db413.htm

https://www.wfla.com/8-on-your-side/98-children-drowned-in-florida-in-2021-a-record-number-according-to-state-data/

https://www.cdc.gov/drowning/facts/index.html

https://escambia.floridahealth.gov/programs-and-services/wellness-programs/health-messages/summer-safety/drowning-prevention/index.html

https://www.flhealthcharts.gov/ChartsReports/rdPage.aspx?rdReport=Death.DataViewer&cid=0105

https://www.flhealthcharts.gov/ChartsReports/rdPage.aspx?rdReport=Death.Dataviewer

https://www.nsc.org/home-safety/tools-resources/seasonal-safety/drowning

https://www.safekids.org/watersafety

National Water Safety Month Is Celebrated The Entire Month of May

Pensacola Personal Injury Lawyers – Car Accident, Wrongful Death, Malpractice

Women’s History Month: Madeleine Albright – First Female Secretary of State

Madeleine AlbrightMadeleine Korbel Albright, sworn in as the 64th United States Secretary of State in 1997, after unanimous confirmation by the U.S. Senate, became the first female Secretary of State and the highest ranking woman in the United States government. As Secretary of State and as U.S. representative to the United Nations before that, she created policies and institutions to help guide the world into a new century of peace and prosperity.

Achievements

Concentrating on a bipartisan approach to U.S. foreign policy, she attempted to create a consensus on the need for U.S. leadership and engagement in the world. Among her achievements were ratification of the Chemical Weapons Convention and progress toward stability in Eastern and Central Europe.

Albright dedicated her life to international study. After receiving her B.A. at Wellesley College, she studied international relations at Johns Hopkins University before earning her M.A. and Ph.D. at Columbia University. Before her appointment as Secretary of State, she had a diverse career.

A Diverse Career

Albright was Sen. Edward Muskie’s Chief Legislative Assistant; a Woodrow Wilson fellow; president of the Center for National Policy, a nonprofit research organization; and Research Professor of International Affairs and Director of the Women in Foreign Service Program at Georgetown University’s School of Foreign Service. During President Clinton’s first term, Albright served as the United States’ Permanent Representative to the United Nations and a member of Clinton’s National Security Council.

International Relations

As a refugee whose family fled Czechoslovakia, first from the Nazis and later from the Communists, Albright represents the highest ideals and aspirations of immigrants who come to America seeking to make major contributions to our society. As a leader in international relations, she has helped change the course of history and, in so doing, has also set a new standard for American women and for women around the world.

After the election of U.S. Pres. Bill Clinton, a Democrat, in 1992, Albright’s political star began to rise, and Clinton named her ambassador to the United Nations in 1993. At the UN she gained a reputation for tough-mindedness as a fierce advocate for American interests, and she promoted an increased role for the United States in UN operations, particularly those with a military component. Her nomination to the position of secretary of state was unanimously confirmed by the Senate in 1997.

Champion of Democracy and Human Rights

During her tenure in office, Albright remained a proponent of military intervention and a forceful champion of both democracy and human rights. Notably, in 1999 she pushed for North Atlantic Treaty Organization (NATO) bombings in Yugoslavia to halt the ethnic cleansing of ethnic Albanians in Kosovo by Yugoslav and Serbian forces. The Kosovo conflict, which some came to call Madeleine’s War, ended after 11 weeks of air strikes, when Yugoslavia agreed to NATO’s terms. Albright was also involved in efforts to end North Korea’s nuclear program, and in 2000 she became the highest-ranking U.S. official to visit the country. However, her talks with North Korean leader Kim Jong Il failed to produce a deal.

The Albright Group

At the end of Bill Clinton’s second term in 2001, Albright left government service and founded the Albright Group, a consulting firm based in Washington, D.C. She later supported Hillary Clinton’s presidential bids in 2008 and 2016. In the latter campaign, Albright drew criticism when she said that “there’s a special place in hell for women who don’t help each other,” a sentiment she had often expressed over several decades. However, some believed she was implying that gender was the only consideration when choosing a candidate, and she later clarified her comments.

After leaving the Secretary of State post in 2001, she authored several bestsellers, launched a private investment fund, and provided global strategy consulting. In 2012, she received the Presidential Medal of Freedom.

Drawn To Public Service

Before Dr. Albright, the inner sanctum of U.S. foreign policymaking had been an almost exclusively male domain. In many ways, her politically fraught early life — enduring Nazi and communist repression — impelled her rise to the highest levels of international politics.

Her family, which was Jewish, narrowly avoided extermination at the hands of the Nazis. They fled to England shortly after Hitler’s tanks rolled into Czechoslovakia in 1938.

“I had this feeling that there but for the grace of God, we might have been dead,” Dr. Albright said much later. She said that she was drawn to public service to “repay the fact that I was a free person.”

Her ascent in the foreign policy establishment reflected the traditional roles of women in the 1950s and 1960s and her ambition, which was influenced by the nascent feminist movement that encouraged women to pursue professional careers.

Madeleine K. Albright, who came to the United States as an 11-year-old political refu­gee from Czechoslovakia and decades later was an ardent and effective advocate against mass atrocities in Eastern Europe while serving as U.S. ambassador to the United Nations and the first female secretary of state, died March 23 in Washington. She was 84.

Joe Zarzaur is a Board Certified Civil Trial Attorney whose firm is dedicated to promoting community safety since 2007. ZARZAUR LAW’S AREAS OF PRACTICE: Serious Personal Injury, Product Defect, Auto Accidents, Cycling Accidents, Motor Vehicle Accidents, Products Liability, Wrongful Death, Community Safety, Boat and Jet Ski Accidents, Slip and Fall Injuries, and more. Licensed in Alabama and Florida.

It is also important to consult with a Board Certified Trial lawyer who has the knowledge and experience to help you. We know accidents can be stressful and want to make the process as easy as possible for you. Call Zarzaur Law, P.A. today at (855) Hire-Joe for a free legal consultation or visit www.zarzaurlaw.com.

Sources:

Albright, Madeleine Korbel

https://www.washingtonpost.com/local/obituaries/madeline-albright-dead-/2022/03/23/e527816e-8cf5-11e3-95dd-36ff657a4dae_story.html

https://www.britannica.com/biography/Madeleine-Albright

Boppy Newborn Lounger Recall Alert!

Newborn Loungers Recall AlertAs you may know, on September 21st, 2021, The Boppy Company recalled over 3.3 million of their “Boppy Newborn Loungers” after eight reported infant deaths. These products pose a significant threat to infants, as the design itself creates an asphyxiation hazard. Specifically, asphyxiation caused by the position of the baby’s neck against the Boppy Newborn Lounger.

What Exactly is a Boppy Newborn Lounger?

The Boppy Newborn Lounger was placed on the market in January of 2004, and was designed for infants to “lounge” on. Many parents are familiar with the original Boppy nursing pillow, a product originally placed on the market to assist nursing mothers. What separates the two products is their intended use, with the Newborn Lounger designed for “lounging” purposes rather than as a nursing aid.

The Boppy Newborn Lounger was removed from the market in September/August of 2021. At that time, it was one of the leading products sold by the Boppy Company. The product had been called into question about a year prior by a journalist who noted that there were several deaths that were being associated with the pillow.

The Boppy Newborn Lounger is different from the original Boppy Pillow in that the original design was specifically designed and sold as a nursing aid. This nursing pillow has been used by many mothers to assist in the breastfeeding process. The company designed this Boppy Newborn Lounger by basically using the general pillow design and adding a piece of fabric to the center, and then encouraging it to be used as a baby lounging device.

Lounging Danger

But, if you have an infant, you know that they do not lounge. Infants spend the vast majority of their time sleeping, which is what makes this product so dangerous. In the event that an infant falls asleep on one of these loungers or is left unattended for too long, parents run the risk of suffocating their babies to death. Due to the shape and design of this particular product, it is far too easy for an infant to find itself in a position that blocks its airways.

According to the U.S. Consumer Product and Safety Commission, between December of 2015 and June 2020, eight infants died after being placed on the lounger while lying on their back, side, or stomach. Meaning, if the child is not placed perfectly inside of this product, parents run the risk of their baby suffocating.


If the child is not placed perfectly inside of this product, parents run the risk of their baby suffocating.


Previous Recalls

To make matters even worse, this is not the first product manufactured by the Boppy Company that has created such a potential for infant suffocation. In July of 2019, The Boppy Company again had to recall one of its products, this time the Infant Head and Neck Support Accessories. This particular product, shown below, features a similar design and, unfortunately, the same risk. Due to the head support area’s allowing for infants’ heads to become tilted too far forward, this product again posed a suffocation hazard.

Zarzaur Law has filed the first case in the United States against the Boppy Company. The allegations in the Boppy Lawsuit include allegations that the Boppy Newborn Lounger was defective by its design, manufacture, and inadequacy of warnings. The Boppy company is defending this lawsuit and is first contending that they are not subject to the personal jurisdiction of the court here in Florida. This particular issue is before the Court currently.

Review previous recall articles below:

https://www.cpsc.gov/Recalls/2019/The-Boppy-Company-Recalls-Infant-Head-and-Neck-Support-Accessories-Due-to-Suffocation-Hazard#

https://www.cpsc.gov/Recalls/2021/The-Boppy-Company-Recalls-Over-3-Million-Original-Newborn-Loungers-Boppy-Preferred-Newborn-Loungers-and-Pottery-Barn-Kids-Boppy-Newborn-Loungers-After-8-Infant-Deaths-Suffocation-Risk

https://www.npr.org/2021/09/23/1040203150/boppy-recall-infant-baby-deaths-suffocation-risk-sleep

 

WATCH OUR YOUTUBE VIDEO HERE >

Joe Zarzaur is a Board Certified Civil Trial Lawyer whose firm is dedicated to promoting community safety since 2007. ZARZAUR LAW’S AREAS OF PRACTICE: Serious Personal Injury, Product Defect, Auto Accidents, Cycling Accidents, Motor Vehicle Accidents, Products Liability, Wrongful Death, Community Safety, Boat and Jet Ski Accidents, Slip and Fall Injuries, and more. Licensed in Alabama and Florida.

If you or a loved one is in need of a FREE legal consultation in regards to your wrongful death case, speak with Zarzaur Law’s Florida Wrongful Death Act experts. Put yourself in the best possible position to receive the justice you deserve. It is also important to consult with a Board Certified Trial lawyer who has the knowledge and experience to help you. We know accidents can be stressful and want to make the process as easy as possible for you. Call Zarzaur Law, P.A. today at (855) Hire-Joe for a free legal consultation or visit www.zarzaurlaw.com.

Important Toy Safety Tips This Holiday Season

While wandering the toy aisles of your favorite store to find your favorite children the perfect holiday gift is a great way to choose what to put under the tree, it is important to remember to keep them safe.


IN 2020, THE U.S. CONSUMER PRODUCT SAFETY COMMISSION (CPSC) REPORTED THAT THERE WERE NINE DEATHS AND MORE THAN 149,000 TOY-RELATED INJURIES THAT WERE TREATED AT AN EMERGENCY DEPARTMENT.


What can you do to prevent the children in your life from ending up at the emergency department or wrongful death?

Shop Smart.

Always choose toys that are age-appropriate — that means making sure that the toys you put under the tree this year match the interests and abilities of the child. Don’t buy a toy with small parts for small children to avoid choking hazards and follow the labels on the packaging.

Watch Magnets.

Magnetic toys must adhere to a strong safety standard that prevents swallowing. But high-powered magnet sets that have small magnets are dangerous for kids. Keep building and playsets with small magnets out of the reach of small children.

Beware of Batteries.

Button batteries and lithium coin batteries (small, shiny round batteries) can cause serious injury if stuck in a child’s ear or nose or swallowed. Make sure that the battery compartments of all toys are secure and taped shut.

Toss Old Balloons.

Children can choke or suffocate on deflated or broken balloons. Keep deflated balloons away from children younger than age 8. Discard torn balloons immediately.

Keep Toys With Small Parts Away From Babies And Toddlers.

For children younger than age 3, avoid small balls and toys with small parts, which can cause choking. Also, stay away from toys with sharp edges away and toys with long strings, loose ribbons, or cords that could get wrapped around a child’s neck.

Avoid Flying Toys.

These can injure eyes in particular. Arrows or darts should have rubber suction cups or other protective tips to prevent injury.

When Shopping For Infants And Toddlers, Buy Toys That Are Larger Than The Child’s Mouth.

This will help prevent choking. If a toy is large enough but has smaller parts that could break off, do not give it to a young child. For example, a large stuffed bear may have beaded eyes that could fall off.

The CPSC reported that nearly 8% of all emergency department-treated injuries came from toy balls. While toy balls can make a great gift, it is important to remember that when you give small children (especially under the age of three) small toys, it creates a significant choking hazard.

Watch that younger kids aren’t playing with toys designed for older kids. Even if toddlers get upset after being told they can’t play with the same toys as their older sibling or cousin, it is better to play it safe.

RECALLS!

When shopping for toys this year, always make sure to check for recalls. The CPSC offers an easy way to search for product recalls here (www.cpsc.gov/recalls,). You can also look on safekids.org for a list of recalls.

Have Hand-Me-Downs Or Other Older Toys?

Although some of these toys may hold sentimental value, be careful before giving them to children. Older toys may not adhere to today’s safety standards. Toys like “Ralphie’s BB gun” from “A Christmas Story,” followed more lenient rules compared to toys made today.

Safety Gear.

While gifting a helmet may not seem like the most exciting present this year, it is one of the most important ones. Making sure that your child has a properly fitting helmet before getting on their new scooter, bike, or toy vehicle is crucial to keeping them safe this year.

Supervision Is Key.

The holidays can be exhausting, but always make sure to keep an eye on children while they are playing. Some of the most dangerous situations occur when a toy malfunctions or breaks, and it is important to be able to recognize the hazard as soon as it happens. If you notice that a toy seems to be dangerous, immediately take the toy and keep it in a safe place away from your child.

Joe Zarzaur is a Board Certified Civil Trial Lawyer whose firm is dedicated to promoting community safety since 2007. ZARZAUR LAW’S AREAS OF PRACTICE: Serious Personal Injury, Product Defect, Auto Accidents, Cycling Accidents, Motor Vehicle Accidents, Products Liability, Wrongful Death, Community Safety, Boat and Jet Ski Accidents, Slip and Fall Injuries, and more. Licensed in Alabama and Florida.

If your child has been injured due to a defective toy, it’s important that you don’t make any rash decisions. Put yourself in the best possible position to receive the justice you deserve. It is also important to consult with a Board Certified Trial lawyer who has the knowledge and experience to help you. We know accidents can be stressful and want to make the process as easy as possible for you. Call Zarzaur Law, P.A. today at (855) Hire-Joe for a free legal consultation or visit www.zarzaurlaw.com.

Sources:

https://www.eehealth.org/blog/2021/11/holiday-toy-safety/

https://www.safekids.org

https://www.cpsc.gov

 

 

How Do I Know If I Have a Bad Faith Insurance Claim?

Drivers and vehicle owners faithfully pay their auto insurance premiums monthly or quarterly with the belief they will receive a fair claims payout if the need arises (e.g., after a car accident that was not their fault).

Unfortunately, far too many of our clients here at Zarzaur Law, P.A. learn the hard way that car insurance companies are primarily concerned with their own bottom line.

 

What Is Bad a Bad Faith Claim?

Sometimes, insurance companies like to push boundaries and see if they can get away with not investigating claims or not paying out money owed on a policy after an accident. This is called “bad faith.”

The duty of good faith in Florida provides that insurers owe a “duty to their insureds to refrain from acting solely on the basis of their own interest in settlement,” as was said in State Farm Mut. Auto Ins. Co. v. Laforet. Under Florida’s Unfair Insurance Trade Practices Act.

 

Bad Faith Claims Most Often Stem From:

Unnecessary claim delays. Insurers are required to process claims in a reasonable amount of time and without unnecessary delays.

Policy cancellations. Our firm has seen cases where an insured files a claim, and the insurer immediately starts scouring their history for errors or any misrepresentation that might void the policy.

This is common when it comes to death benefits claims. Sometimes, it is for something as simple as a misspelled name – even though they had no problem collecting the monthly premium despite this error.

Misrepresentations of policy. Some insurers will attempt to avoid paying claims by mischaracterizing the terms, requirements, and policy provisions. Many insurance policies are crafted with complex language and insider jargon, much of which favors the insurer. But it is well understood that any ambiguity is supposed to be construed in favor of the policyholder.

Ambiguous policy exclusions. Insurance policies can have all kinds of exclusions. But if an exclusion is ambiguous, it should be decided in the claimant’s favor.

Denies paying for a valid claim on no reasonable basis. Insurers have a responsibility to pay valid claims and offer a reasonable basis when they deny them. Failure to do so maybe bad faith. The same goes for low-ball settlement offers that are not justified.

Low settlement offers are often made without justification and for the benefit of the insurance companies bottom line and without regard for the insured.

 


Bad faith insurance claims are complicated actions and involve a multitude of issues, and that is why it is important to hire the best personal injury lawyer who understands the tactics insurance companies use to delay or minimize the payment of benefits.


 

WATCH AND LISTEN AS JOE ZARZAUR, BOARD CERTIFIED CIVIL TRIAL LAWYER, EXPLAINS “BAD FAITH” >


If you’ve been the victim of an accident, it’s important that you don’t make any rash decisions. Put yourself in the best possible position to receive the justice you deserve. It is also important to consult with a Board Certified Trial lawyer who has the knowledge and experience to help you. We know accidents can be stressful and want to make the process as easy as possible for you. Call Zarzaur Law, P.A. today at (855) Hire-Joe, or by requesting a free case review through our website.

Sources:

http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0600-0699/0624/Sections/0624.155.html

Smart Road Tips for Halloween Safety

Tips for Halloween Safety By Consumer Reports.

There may be fewer ghosts, witches, and superheroes wandering along the roads this Halloween looking for candy and treat because of COVID-19 concerns, but it’s important that drivers remain vigilant and keep an eye out for costumed children darting into the road, crossing parking lots, or strolling along the streets.

The scary reality is that Halloween has been one of the deadliest days of the year for pedestrians, especially children, statistics show.


THE RISK OF A PEDESTRIAN FATALITY WAS 43 % HIGHER ON HALLOWEEN


The risk of a pedestrian fatality was 43 percent higher on Halloween, based on a comprehensive study published by the Journal of the American Medical Association that analyzed 42 years of data.

“Halloween night is like a ‘perfect storm’ of risk because it involves darkness, a huge increase in pedestrian traffic—especially children—and all sorts of distractions,” says Jennifer Stockburger, director of operations at Consumer Reports Auto Test Center. “Everyone needs to be ultracareful to not turn such a fun evening into tragedy.” 

About half of traffic deaths overall occur either in the dark or at dawn or dusk, says the Insurance Institute for Highway Safety. “Driving at night is three times as risky as driving during the day,” says Matthew Brumbelow, a senior research engineer at the IIHS. The holiday should also serve as a reminder to motorists and pedestrians alike about the dangers.

The latest data from the National Highway Traffic Safety Administration show that 6,205 pedestrians died in traffic collisions in 2019.

Fortunately, there are clear steps that trick-or-treaters and drivers can take to improve safety for all. Below are tips from CR experts and NHTSA.

Tips for Trick-or-Treaters

  • Parents should accompany children younger than 12.
  • Children should walk—not run—from house to house.
  • Children should stay on sidewalks instead of walking between cars or on lawns, where there could be tripping hazards.
  • Parents should remind children to look for cars when crossing driveways.
  • Pedestrians shouldn’t assume they have the right of way, because motorists may not see them.
  • Go trick-or-treating before it is truly dark, especially with young children.
  • Parents and children should consider choosing costumes that are lighter in color, which makes it easier for drivers to see them. Adding reflective material to the front and back makes a costume easier to pick out. It can even be built into the design.
  • Avoid costumes that make it more difficult for a child to see, especially ones that include costume masks. Of course, because of the pandemic, children and chaperones should wear face masks that cover the nose and mouth, and they should practice social distancing.
  • Give children a flashlight to walk in the dark, so they can be more easily seen by drivers. Glow sticks can help, too.
  • Kids should keep their phones in their pockets unless taking photos on a porch. Walking with a device risks the child not being aware of their surroundings.

Tips for Drivers

  • Drive slowly in and around neighborhoods and on residential  streets, even if you don’t see trick-or-treaters around.
  • Don’t drink and drive. Drunk driving incidents increase on Halloween. NHTSA reports that 41 percent of all people killed in motor vehicle crashes on Halloween night from 2014 to 2018 were in crashes involving drunk driving. About one-third of all crash fatalities in the U.S. involve drunk drivers, according to NHTSA.
  • Watch for children who may dart out into the street, and always yield to pedestrians. If you see one child, there are likely to be more ready to cross.
  • If you’re driving children around for trick-or-treating, make sure they’ve buckled up appropriately in a child car seat or with a seat belt. Make sure they buckle up each time they enter the car and check to make sure they’re secure before you drive to the next stop.
  • Parents transporting kids for Halloween activities may be tempted to buckle them in wearing their costumes. But some costumes may have added padding or hard surfaces that will make it difficult for the car-seat harness or vehicle seat belt to properly fit the child. Consumer Reports advises buying or making costumes without padding or hard surfaces or having your child change into their costume after arriving at their destination.
  • Pullover at safe locations to let children exit at the curb and away from traffic. Use your hazard lights to alert other drivers of your car.
  • Try to park in a spot where you won’t need to back up. But if you must, have an adult outside to make sure no children are in the way of your vehicle when you do.
  • Don’t use a cell phone or other mobile device while driving. Pullover safely to check voice messages or texts, if necessary.

By being cautious and mindful of safety this Halloween, you can make sure the holiday is a treat for all.

Joe Zarzaur is a Board Certified Civil Trial Lawyer whose firm is dedicated to promoting community safety since 2007. ZARZAUR LAW’S AREAS OF PRACTICE: Serious Personal Injury, Product Defect, Auto Accidents, Cycling Accidents, Motor Vehicle Accidents, Products Liability, Wrongful Death, Community Safety, Boat and Jet Ski Accidents, Slip and Fall Injuries, and more. Licensed in Alabama and Florida.

If you’ve been the victim of an accident, it’s important that you don’t make any rash decisions. Put yourself in the best possible position to receive the justice you deserve. It is also important to consult with a Board Certified Trial lawyer who has the knowledge and experience to help you. We know accidents can be stressful and want to make the process as easy as possible for you. Call Zarzaur Law, P.A. today at (855) Hire-Joe, or by requesting a free case review through our website.

Conversations To Have With Your Kids Before They Are Old Enough To Drive

Parents of a teenaged driver Florida

The day is finally here…. Your child is finally old enough to get behind the wheel of a car.  While it is very exciting for your child, it can be absolutely terrifying as a parent of a teenaged driver.


TEENAGED DRIVERS ARE SOME OF THE MOST DANGEROUS DRIVERS ON THE ROAD, WITH 15,918 DRIVERS UNDER THE AGE OF 18 INVOLVED IN MOTOR VEHICLE ACCIDENTS IN 2019 ALONE.


What Can You Do As A Parent To Keep Your Child Safe On The Road?

Talk to them.  Take the time to explain to them the importance of driving safely, and not being distracted. Take the time to explain to them the dangers associated with their newfound freedom.

  1. Talk to Your Teen About the Dangers of Distracted Driving 

One of the biggest dangers associated with new and young drivers is driving while distracted.  Cellphones are perhaps one of the BIGGEST problems our new drivers face.  It seems all too easy to snap a pic, or respond to a text message.  But, those seconds matter.  Take the time to explain to your new driver that every second spent not looking at the road is a second that something terrible can happen.  That text message could be the difference between life and death.

Did you know Sleepy Driving is just as dangerous as distracted driving?  – LEARN MORE HERE >

2.  The Dangers Of Having Passengers 

Studies show that teenagers are two and half times more likely to take a risk while driving when they have a friend in the car.  Add a second passenger, and your child is three times more leads to 3 times more likely to take a risk.  While you can not always control who gets in your child’s car,  you can take the time to explain to them the dangers of having other people in the car before they have experience.

Parents of a teen driver Florida

 

3.  Drunk Driving 

Perhaps the most important conversation you can have with your new driver is the dangers associated with drunk driving.   Studies show that 16% of fatal car crashes involving teenaged drivers involved alcohol.  It is so important that you take the time to explain to your child the dangers surrounding alcohol and getting behind the wheel.  What might seem like not a big deal to them can lead to catastrophic consequences?

But this conversation doesn’t stop with reminding them to not get behind the wheel while under the influence. It is also crucial that you spend time discussing with them the importance of not getting in the car with someone else who has been drinking and/or using drugs.

Seatbelt, Seatbelt, Seatbelt!! They save lives – 

4.  Be A Good Example 

While taking time to talk to your child about the dangers of driving distracted, with passengers, and under the influence is important, it is also crucial that you practice safe driving while they are in the car with you.  Your children are always watching you, and the best way to teach them to drive safely is to lead by example.

Joe Zarzaur is a Board Certified Civil Trial Lawyer whose firm is dedicated to promoting community safety since 2007. ZARZAUR LAW’S AREAS OF PRACTICE: Serious Personal Injury, Product Defect, Auto Accidents, Cycling Accidents, Motor Vehicle Accidents, Products Liability, Wrongful Death, Community Safety, Boat and Jet Ski Accidents, Slip and Fall Injuries, and more. Licensed in Alabama and Florida.

If you’ve been the victim of an accident, it’s important that you don’t make any rash decisions. Put yourself in the best possible position to receive the justice you deserve. It is also important to consult with a Board Certified Trial lawyer who has the knowledge and experience to help you. We know accidents can be stressful and want to make the process as easy as possible for you. Call Zarzaur Law, P.A. today at (855) Hire-Joe, or by requesting a free case review through our website.

Sources:
https://www.teendriversource.org/teen-crash-risks-prevention/car-accident-prevention/basic-facts-about-teen-crashes

https://www.dosomething.org/us/facts/11-facts-about-teen-driving

https://www.flhsmv.gov/pdf/crashreports/crash_facts_2019.pdf

https://www.nhtsa.gov/road-safety/teen-driving