Tag Archives: Pensacola Personal Injury Lawyer

Passenger Safety and Rights – National Passenger Safety Week.

A car accident can be a traumatic experience for everyone involved. If you were injured as a passenger in a car accident, you may be especially confused about the legal process you must follow in accordance with Florida law. Not only is it important to know your legal rights as a passenger, but it is also important to know how you as a passenger can help play a more active role in your own safety and that of others.

 

Roadway Deaths Are On The Rise

U.S. roadway deaths are rising again at an alarming rate. People are still driving recklessly. Drunk, drugged and distracted driving are on the rise. Just telling people to drive safely isn’t enough.

 

National Passenger Safety Week

That is why We Save Lives and the National Road Safety Foundation launched The National Passenger Safety Campaign, to bring together other organizations  that believe that it’s time to focus on the passenger, and not just the driver. The goal is to promote safe driving practices and prevent unsafe ones by empowering passengers to “SPEAK UP” when their lives are in danger due to a reckless driver. So far more than 60 other organizations have joined the coalition, with more to come.

In 2023, the National Highway Traffic Safety Association (NHTSA) added the campaign to their national calendar. National Passenger Safety Week is now an ongoing event, the last week in January of every year.

 

Passengers Can Make A Difference

Passengers can make a difference, because “one courageous voice can change one deadly choice.” A car accident lawyer may help you determine who you should make your personal injury claim with when you’re a passenger in a vehicle. 

 

2020 PASSENGER FATALITY STATISTICS

 

What Do You Do And What Special Considerations Do A Passenger Have That Are In A Vehicle That Is At Fault Or Not At Fault For A Car Accident?

1. Identify the driver at fault – is it the driver of the car you are riding in or the driver of another vehicle?

2. Do both drivers share liability? If you rode as a passenger in one of the vehicles you may file a claim with both insurance companies in order to recover costs. 

3. What if the driver is a family member or coworker or friend? 

4. Do passengers ever share liability for an accident? In the case of a passenger willingly getting into a car with a driver that is drunk or otherwise intoxicated driver could cause your claim to be dismissed by the driver’s insurance company. A claim can also be dismissed if the passenger distracted the driver. 

5. Important to document, just the same as a driver in an accident. You will need to find out how the accident occurred and document it when filing your claim or contacting an attorney to assist you with your case. Follow the car wreck checklist – just like if you were the driver. 

6. The types of damages you can claim – Medical bills (including future medical bills), property damage, pain and suffering, lost wages, and permanent injury or disability

 

WATCH OUR YOUTUBE VIDEO ON THIS TOPIC >

 

What Should You Do If You Are In A Florida Car Accident?

1. Call the police and file a report.
2. Swap information (including any insurance information they may have).
3. Gather details.
4. Take pictures/video
5. Gather the contact information of any witnesses.
6. Seek medical care immediately for any injuries, no matter how minor you think they might be.

 

GET MORE HELPFUL INFORMATION ON WHAT TO DO AFTER AN ACCIDENT HERE AT OUR “Car Wreck Checklist” >

 

Joe Zarzaur is a Board Certified Civil Trial Lawyer whose firm has been promoting community safety since 2007. AT ZARZAUR LAW, WE PRACTICE IN THE FOLLOWING AREAS: SERIOUS PERSONAL INJURY, PRODUCT DEFECT, AUTO ACCIDENTS, CYCLING ACCIDENTS, MOTOR VEHICLE ACCIDENTS, PRODUCT LIABILITY, WRONGFUL DEATH, COMMUNITY SAFETY, BOAT, AND JET SKI ACCIDENTS, AND SLIP AND FALL. Licensed in Alabama and Florida.

If you’ve been injured in a car 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 we 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 or a loved one is injured in a car wreck feel free to reach out to our firm for a free consultation at zarzaurlaw.com or 855HireJoe.

Sources:

https://www.iihs.org/topics/fatality-statistics/detail/passenger-vehicle-occupants

https://www.yahoo.com/lifestyle/national-passenger-safety-week-campaign-150000747.html

https://nationalpassengersafety.org

https://wesavelives.org

The Most Common Car Accident Injuries

The country has an estimated 280 million vehicles and more than 227.5 million drivers. On average, there are over 6 million passenger car accidents in the U.S. every year.

Busy and Dangerous Highways in Florida

Between residents and tourists who call Florida home (or vacation home), our highways are very busy. There are a lot of car accidents, truck accidents, motorcycle accidents, bicycle accidents, and pedestrian accidents every year throughout the state. 

According to the Florida Department of Highway Safety and Motor Vehicles:

There were 401,496 crashes in Florida in 2021, with 3,731 fatalities from those accidents, and 252,938 people injured. 

In 2020, there were 341,399 crashes and 3,332 fatalities. 

As of the third quarter of 2022, there were 266,239 crashes and 2,331 fatalities reported.

Common Injuries From A Car Accident

The following are some of the most common injuries suffered by motor vehicle accident victims and some of the car crash stats for 2022:

Traumatic brain injuries (TBI)

Spinal cord injuries and paralysis

Back Injuries/disc injuries

Burns

Internal injuries

Fractures and broken bones

What Is The Most Common Injury?

Head and neck injuries are the most common car accident injuries, which include:

Concussion

Traumatic brain injury

Whiplash (strain or sprained muscles, tendons, and ligaments in the spine)

SYMPTOMS OF WHIPLASH CAN INCLUDE PAIN, MUSCLE SPASMS, NUMBNESS OR TINGLING, AND INABILITY TO MOVE THE HEAD OR NECK.

Types of Car Accidents

Car accidents can affect many types of people on the road, but injuries and deaths are more common in certain types of vehicles than in others. According to the NHTSA:

  • 35% of people killed and injured in vehicles were occupants of passenger cars
  • 27% were occupants of light trucks
  • 20% were pedestrians, pedal cyclists, and other non-occupants
  • 14% were motorcyclists
  • 4% were occupants of large trucks or buses

Treatment Begins at the ER, But Does Not End There.

If you have any serious injuries, you should go to the nearest emergency room. Even if you don’t think you’re injured, it’s a good idea to get checked out by a doctor just to be safe, since many delayed onset injuries are experienced after the initial “adrenaline rush” has worn off.

If you are injured in a car accident, it is important to seek medical treatment. Refusing to seek continued medical treatment can hurt your case and make it more difficult to receive compensation for your injuries.

Continuing your medical treatment with a physician that works with car accident victims is important and should provide your treating physicians information and time to refer to your MRIs, X-rays, CT scans and other diagnostic testing that may later be used as evidence in your case to prove your injuries were caused by the accident.

Additionally, continuous treatment may allow your doctor to better understand how your injuries may affect your life, no and in the future, which may be especially important when our legal team is trying to determine the value of your case.

Avoiding Serious Injury

While there is often no way to avoid a crash, there are common sense methods to protect yourself from serious injuries. These include wearing the seatbelt in your car. The CDC found that 61% of fatality victims were not wearing their seat belts. While some may find them uncomfortable or inconvenient ,the seat belt is a proven life saver.

If you have young children, you should leave them in approved booster seats as long as required. These are proven to provide great safety to a child. Again, regular use may be inconvenient, but they are an invaluable tool to keep kids safe.

WATCH OUR YOUTUBE VIDEO ON THIS TOPIC

What Should You Do If You Are In A Florida Car Accident?

1. Call the police and file a report.
2. Swap information (including any insurance information they may have).
3. Gather details.
4. Take pictures/video
5. Gather the contact information of any witnesses.
6. Seek medical care immediately for any injuries, no matter how minor you think they might be.

GET MORE HELPFUL INFORMATION ON WHAT TO DO AFTER AN ACCIDENT HERE AT OUR “Car Wreck Checklist” >

Joe Zarzaur is a Board Certified Civil Trial Lawyer whose firm has been promoting community safety since 2007. AT ZARZAUR LAW, WE PRACTICE IN THE FOLLOWING AREAS: SERIOUS PERSONAL INJURY, PRODUCT DEFECT, AUTO ACCIDENTS, CYCLING ACCIDENTS, MOTOR VEHICLE ACCIDENTS, PRODUCT LIABILITY, WRONGFUL DEATH, COMMUNITY SAFETY, BOAT, AND JET SKI ACCIDENTS, AND SLIP AND FALL. Licensed in Alabama and Florida.

If you’ve been injured in a car 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 we 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 or a loved one is injured in a car wreck while “on the job” feel free to reach out to our firm for a free consultation at zarzaurlaw.com or 855HireJoe.

Sources:

https://www.flhsmv.gov/traffic-crash-reports/crash-dashboard/

https://www.policygenius.com/auto-insurance/car-accidents-by-state/

https://www.cdc.gov/transportationsafety/index.html

January Legal Graffiti Event To Benefit Central Gulf Coast CDF Freedom Schools.

Zarzaur Law’s first Legal Graffiti event of 2023 will be on Friday, Jan. 20 from 5:00 to 9:00 p.m. during Gallery Night. This month’s event benefits Central Gulf Coast CDF Freedom Schools®!

Come join us and enjoy FREE games, hands on art activities, music, and more at Legal Graffiti… Remember, the more you donate to spray paint, the more we can match your dollar for dollar and give to Freedom School!

DID YOU KNOW?

A child’s ability to read on grade level by the third grade is the No. 1 indicator of whether that student will complete high school, and yet in 2022, 74% of African American and 65% of economically disadvantaged Escambia County third-grade public school students will not be proficient in reading. 

WHAT CDF FREEDOM SCHOOLS DOES

The CDF Freedom Schools® program is a six-week long summer enrichment program with three hours of reading per day. This program allows the most vulnerable children in our community access to essential enrichment…. AT NO COST TO THE CHILD’S FAMILY.

ABOUT CDF FREEDOM SCHOOLS®

January Legal Graffiti Event Freedom Schools successfully address summer reading loss and a related decrease in students’ motivation to read.

In addition to offering high-quality academic enrichment, CDF Freedom Schools supports children and families in the areas of parent and family involvement, civic engagement and social action, intergenerational leadership development, and health — physical, mental, and nutritional. With the support of caring adults and communities, we will aid our children’s successful journey into adulthood.

Learn more about CDF Freedom Schools® at cgcfreedomschools.org

SAVE THE DATE! 

Friday, Jan. 20 – 5-9pm in Downtown Pensacola during Gallery Night!

About Zarzaur Law’s “Legal Graffiti” Fundraiser Events

“Legal Graffiti” is an event hosted at Zarzaur Law during each Gallery Night in downtown Pensacola. “Legal Graffiti” is an opportunity for anyone to make a donation and then create artwork on the (recycled billboard vinyl-covered) side of the Zarzaur Law office building using spray paint. The event raises money for non-profits & charities within the area. Donations are matched by the firm and given to the charity of choice. In the past six years of hosting the “Legal Graffiti” event, the firm has donated more than $100,000 to local charities. We are proud and honored to continue to give back to the community where we live, work and play.

Our “Legal Graffiti” fundraiser recipients include:
Favor House
Gulf Coast Kid’s House
ARC Gateway
The Birthday Party
Project Mentee
American Cancer Society
Big Brothers Big Sisters of NWF
Manna Food Pantries
Pathways for Change
Studer Family Children’s Hospital at Sacred Heart
Autism Pensacola
Rally Pensacola
Guardian ad Litem
Opening Doors NWFL
Alzheimer’s Association
United Way, Escambia County

Watch our “Legal Graffiti” highlight video! 

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 a car 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.

#zarzaurlaw #gallerynightpensacola #downtownpensacola #legalgraffiti #spraypaint #community #event #fundraiser #pensacola #art #culture #education #summerschool #literacy #givingback #lawfirm #floridalawyer

Thanksgiving Travel In Florida Is Forecast To Be The Busiest Since 2005.

AAA forecasts more than 2.9 million Floridians will travel 50 miles or more for Thanksgiving. That’s 50,000 (2%) more Florida travelers than last year’s holiday and nearly 22,000 (0.74%) more than in 2019.

Nationally, 54.6 million Americans will travel
50 miles or more from home, slightly below
pre-pandemic levels.

Despite higher gas prices, 89% of all Thanksgiving travelers will drive. AAA forecasts 48.65 million Americans will set out for a holiday road trip. That’s 203,000 more drivers than last year.

In Florida, 2.7 million, or 91% of travelers, will take a road trip, that’s an increase of 28,000 people from last year’s holiday.

Leave Early

Thanksgiving travel in FloridaIf you are hitting the road for the holidays, leave early. Travelers should expect much heavier than normal congestion Monday-Wednesday afternoon and early evening. Traffic will be lighter during the morning and late evening hours and on Thanksgiving Day.

In addition to congestion on the roads, Thanksgiving travelers are likely to find long lines at the airport too. Nationwide, air travel is up nearly 8% from last year, with 4.5 million Americans flying to their Thanksgiving destinations this year.

Busiest Days to Travel

If you are hitting the road for the holidays, leave early. Travelers should expect much heavier than normal congestion Monday-Wednesday afternoon and early evening. Traffic will be lighter during the morning and late evening hours and on Thanksgiving Day.

 

Thanksgiving Driving Safety

The Thanksgiving holiday is a peak travel period for Florida families coming together to celebrate. FLHSMV is committed to protecting you on our roadways, providing you with the information you need to travel safely.

Follow these tips to help ensure safe traveling this Thanksgiving:

  • Never drive impaired. Celebrate responsibly and do not get behind the wheel if you have been drinking or took drugs that cause impairment. Plan ahead and find a safe way home every time – designate a driver or use a ride service.
  • Check your tires. Tires are a vehicle’s first line of defense on the road. Check your tire pressure, tread depth and spare tire especially before long trips. Do not over load your vehicle, it can result in premature wear and tire blowouts.
  • Buckle up. A seat belt is your vehicle’s most important safety feature. Florida law requires that all drivers, all front seat passengers and all passengers under the age of 18 wear seat belts or the appropriate child restraints. Seat belts save lives, so buckle up every trip, every time.
  • Register or update your Emergency Contact Information (ECI). ECI is a secure system allowing law enforcement, nationwide, to contact designated family or friends in response to an emergency situation.
  • Observe and obey all speed limits. Speed limits may change as you drive through different types of roadways, so make sure you adjust your speed accordingly. In Florida, the limit will never be over 70 mph.

Download FLHSMV’s  Road Trip Checklist & Safety Tips for additional resources on how to be safe this holiday season.

What To Do If You Are In A Car Accident While Traveling In Florida

1. Call the police and file a report
2. Swap information (including any insurance info they may have)
3. Gather details
4. Take pictures
5. Gather contact information of any witnesses
6. Seek medical care immediately for any injuries – no matter how minor you think they might be.

GET MORE HELPFUL INFORMATION ON WHAT TO DO AFTER AN ACCIDENT HERE AT OUR “Car Wreck Checklist” >

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 injured in a car 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.cbsnews.com/amp/miami/news/aaa-thanksgiving-travel-in-florida-to-exceed-pre-pandemic-levels/#app

https://newsroom.aaa.com/2022/11/thanksgiving-travel-ticks-up-just-shy-of-pre-pandemic-levels/

https://www.flhsmv.gov/safety-center/driving-safety/holidaytravel/thanksgiving-holiday-safety/

Warning For Users Of The Phillips Mobile Cardiac Outpatient Telemetry.

Sometimes legal theories collide, and more than one theory applies to a set of facts.  This is true when a product combines with medical care to cause death or catastrophic injury. When this happens, there are both considerations for a medical malpractice theory and a product liability theory of recovery.  

Product Liability and Defects

Our firm has experience dealing with complex factual situations that may involve a combination of legal theories. Recently, we were hired by a family whose loved one died after being prescribed a mobile heart monitoring device known as Philips Mobile Cardiac Outpatient Telemetry.   

What Functions Do Mobile Telemetry Monitoring Devices Serve?

For many years, cardiac rhythm monitoring has been used by physicians, most notably cardiologists, to diagnose and treat patients. Traditionally, these were devices fitted to a patient and worn for anywhere between 24 hours and up to 30 days. During that time, the patient would keep a diary of any symptoms they experienced (date, time, description of activity, symptom). At the end of the prescribed duration of monitoring, the patient would submit the diary as a complement to the data that was collected by the device. A physician would then analyze the data side-by-side with the patient’s diary. In this instance, a final assessment would be made after the fact.

Interface Between The Telemetry Leads and Data Sent To The Central Hub

As mobile phone data and Bluetooth transmission capabilities became more commonplace—basic mobile phone plans nearly all carry such a feature—interactivity with many elements of daily life became commonplace. Home security systems, home appliances, electronics, and audiovisual systems, medication administration and monitoring, etc. This has expanded to medical devices such as mobile telemetry monitoring, but with a twist: a patient’s phone serves as the interface between the telemetry leads on the body and then sends that data to a central monitoring hub in real-time.

The Communication Path

The real-time telemetry monitoring is akin to what many understand occurs in a hospital setting in that an admitted patient has wires and stickers adhered to their chest wall, and in the event of an arrhythmia, cardiac pause, or asystole (absence of electrical activity), a technician in the hospital would recognize this and, following facility protocol, activate the emergency response team to assess and tend to the patient. And, like the patient in the diary above, a patient admitted to a hospital may just communicate their symptoms to a member of the care team, at which point a call would be made to the technician to query what the telemetry monitoring revealed at a given time. The obvious difference between the hospital setting and the mobile platform is that a patient with a mobile phone coupled with a cardiac monitoring device is not in a facility. However, the concept remains the same: abnormal heart rhythm is captured and transmitted, a technician recognizes such an abnormal rhythm, the technician communicates that to the prescribing provider, and the prescribing provider then contacts the patient or advises on the next best step.

Phillips Mobile Cardiac Outpatient Telemetry

 

 

 

What If You Have a Dysfunction?

The system works well if all the components are functional. If there is a dysfunctional link anywhere, then the system fails.

Types Of Failure:
1. One such component would be if the patient was out of mobile phone range (not near a mobile tower, no signal to their phone), then their cardiac data would be collected but not transmitted to the monitoring hub.

2. Another such dysfunctional link would be if a technician recognized an arrhythmia but did not follow through on notifying the prescribing physician.

Continue on with that same logic, and it makes sense that any missing component could be detrimental to the purpose of the study (which is why the physician prescribed this in the first place).

Real Time Component

One of the benefits of the newer mobile-based platforms is the real-time component. Physicians and other care providers are best able to intervene in the event of a concerning rhythm disturbance or malignant dysrhythmia.

Necessary Intervention

In a nutshell, the product is designed to function by monitoring the heart rate and rhythm of the patient, and it is programmed to notify the device company representative, who is supposed to then immediately notify the treating physician’s office so that they can intervene if need product Defect Leads to Death

It appears from the information that we have that either the device manufacturer failed to notify the physician’s office or the physician’s office failed to communicate with the patient.  Then we discovered that another patient died from a similar circumstance using a device manufactured by Philips Mobile Cardiac Outpatient Telemetry.  This means that at least two people in the Pensacola area have died while wearing this device that should have prevented them from doing so.

WATCH OUR YOUTUBE VIDEO ON THIS TOPIC, PRESENTED BY JOE ZARZAUR AND DR. EVAN MALONE >

 

If you or a loved one was wearing any cardiac monitoring device manufactured by Philips Mobile Cardiac Outpatient Telemetry and suffered a catastrophic injury or death related to their cardiac condition, you or your family should consider discussing the same with our firm.  You can find us at zarzaurlaw.com or call us at 855HireJoe.

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 injured due the carelessness of another, 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.

November Legal Graffiti Event To Benefit Big Brothers Big Sisters Of Northwest Florida.

Our November Legal Graffiti event will be BIG on fun and benefit a lot of LITTLES in our community!

Zarzaur Law’s Legal Graffiti event will be on Friday, Nov. 18 from 5:00 to 9:00 p.m. during Gallery Night Pensacola. This month’s event benefits Big Brothers Big Sisters of Northwest Florida!

Come join us and enjoy FREE games, activities, music, and more at Legal Graffiti… Remember, the more you donate to spray paint, the more we can match dollar for dollar and give to Big Brothers Big Sisters of Northwest Flori

About Big Brothers Big Sisters of Northwest Florida:

November Legal Graffiti Zarzaur LawFor more than 100 years, Big Brothers Big Sisters has operated under the belief that inherent in every child is the ability to succeed and thrive in life. As the nation’s largest donor- and volunteer-supported mentoring network, Big Brothers Big Sisters makes meaningful, monitored matches between adult volunteers and children. We develop positive relationships that have a direct and lasting effect on the lives of young people.

Big Brothers Big Sisters of Northwest Florida has been the area’s leader in one-to-one youth service for 32 years by providing caring, adult mentors to children ages 5 through 18 and beyond. Our mission is to help children reach their potential through professionally supported, positive relationships that ignite the power and promise of youth. Last year, Big Brothers Big Sisters of Northwest Florida served 511 children in Northwest Florida.

Did You Know?

Through an independent study, it was found that children (Littles) have a mentor (Bigs) that they meet with regularly, they are:

More confident of their performance in school

Get along better with their family

1/3 less likely to hit someone

27% less likely to begin using alcohol

52% less likely to skip school

37% less likely to skip a class

And 46% less likely than their peers to start using illegal drugs

Learn more about Big Brothers Big Sisters of Northwest Florida at http://www.bbbsnwfl.org

 

Save the date!! Friday, Nov. 18 – 5-9pm in Downtown Pensacola during Gallery Night!

 

About Zarzaur Law’s “Legal Graffiti” Fundraiser Events

“Legal Graffiti” is an event hosted at Zarzaur Law during each Gallery Night in downtown Pensacola. “Legal Graffiti” is an opportunity for anyone to make a donation and then create artwork on the (recycled billboard vinyl-covered) side of the Zarzaur Law office building using spray paint. The event raises money for non-profits & charities within the area. Donations are matched by the firm and given to the charity of choice. In the past six years of hosting the “Legal Graffiti” event, the firm has donated more than $100,000 to local charities. We are proud and honored to continue to give back to the community where we live, work and play.

November Legal Graffiti
Watch Our “Legal Graffiti” Highlight Video! >

Our “Legal Graffiti” fundraiser recipients include:
Favor House
Gulf Coast Kid’s House
ARC Gateway
The Birthday Party
Project Mentee
American Cancer Society
Big Brothers Big Sisters of NWF
Manna Food Pantries
Pathways for Change
Studer Family Children’s Hospital at Sacred Heart
Autism Pensacola
Rally Pensacola
Guardian ad Litem
Opening Doors NWFL
Alzheimer’s Association
United Way, Escambia County

Watch our “Legal Graffiti” highlight video! >

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 a car 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.

#zarzaurlaw #gallerynightpensacola #downtownpensacola #legalgraffiti #spraypaint #community #event #fundraiser #pensacola #bigbrothersbigsisters

Florida Health – Important Vibriosis Outbreak Update

Courtesy of Florida Health

Vibriosis causes an estimated 80,000 illnesses and 100 deaths in the United States every year. People with vibriosis become infected by consuming raw or undercooked seafood or exposing a wound to seawater. Most infections occur from May through October when water temperatures are warmer.

The Florida Department of Health is observing an increase in cases of Vibrio vulnificus infections as a result of exposure to flood and standing waters following Hurricane Ian. As the post-storm situation evolves, please make yourself aware of the following reminders regarding reporting, testing, and treatment.

How Do Persons Get Infected With Vibrio Vulnificus?

People can get infected with Vibrio vulnificus when they eat raw shellfish, particularly oysters. The bacterium is frequently isolated from oysters and other shellfish in warm coastal waters during the summer months. Since it is naturally found in warm marine waters, people with open wounds can be exposed to Vibrio vulnificus through direct contact with seawater. There is no evidence of person-to-person transmission of Vibriosis.

How Can Vibrio Vulnificus Infection Be Diagnosed?

Vibrio vulnificus infection is diagnosed by stool, wound, or blood cultures. Notifying the laboratory when this infection is suspected helps because a special growth medium should be used to increase the diagnostic yield. Doctors should have a high suspicion for this organism when patients present with a stomach illness, fever, or shock following the ingestion of raw seafood, especially oysters, or with a wound infection after exposure to seawater.

What Type of Illness does Vibrio Vulnificus Cause?

Vibrio vulnificus can cause disease in those who eat contaminated seafood or have an open wound that is exposed to warm seawater containing the bacteria. Ingestion of Vibriosis can cause vomiting, diarrhea and abdominal pain. Vibrio vulnificus can also cause an infection of the skin when open wounds are exposed to warm seawater; these infections may lead to skin breakdown and ulcers.Healthy individuals typically develop a mild disease; however Vibrio vulnificus infections can be a serious concern for people who have weakened immune systems, particularly those with chronic liver disease. The bacterium can invade the bloodstream, causing a severe and life-threatening illness with symptoms like fever, chills, decreased blood pressure (septic shock) and blistering skin lesions. Vibrio vulnificusbloodstream infections are fatal about 50 percent of the time.A recent study showed that people with these pre-existing medical conditions were 80 times more likely to develop Vibrio vulnificus bloodstream infections than healthy people. Wound infections may also be serious in people with weakened immune systems. The wound may heal poorly and require surgery. Sometimes amputation may even be needed for recovery.

How Common Is Vibrio Vulnificus Infection?

Vibrio vulnificus is a rare cause of disease, but it is also underreported. Between 1988 and 2006, the Centers for Disease Control and Prevention (CDC) received reports of more than 900 Vibrio vulnificus infections from the Gulf Coast states, where most cases occur. Before 2007, there was no national surveillance system for Vibrio vulnificus, but CDC collaborated with Alabama, Florida, Louisiana, Texas and Mississippi to monitor the number of cases in the Gulf Coast region. In 2007, infections caused by Vibrio vulnificus and other vibrio species became nationally notifiable.

 

 

 

 

 

What Are Some Tips For Preventing Vibrio Vulnificus Infections?

  • Do not eat raw oysters or other raw shellfish.
  • Cook shellfish (oysters, clams, mussels) thoroughly.
  • For shellfish in the shell, either a) boil until the shells open and continue boiling for 5 more minutes, or b) steam until the shells open and then continue cooking for 9 more minutes. Do not eat those shellfish that do not open during cooking. Boil shucked oysters at least 3 minutes, or fry them in oil at least 10 minutes at 375°F.
  • Avoid cross-contamination of cooked seafood and other foods with raw seafood and juices from raw seafood.
  • Eat shellfish promptly after cooking and refrigerate leftovers.
  • Avoid exposure of open wounds or broken skin to warm salt or brackish water, or to raw shellfish harvested from such waters.
  • Wear protective clothing (e.g., gloves) when handling raw shellfish.

How Is Vibrio Vulnificus Infection Treated?

If Vibriosis is suspected, treatment should be initiated immediately because antibiotics improve survival. Aggressive attention should be given to the wound site; for patients with wound infections, amputation of the infected limb is sometimes necessary. For more information on care and treatment specifics, please visit the CDC’s website. Information about the potential dangers of raw oyster consumption is available 24 hours a day from the FDA’s Seafood Hotline: 1-800-332-4010. For more information on Vibrio vulnificus, visit the CDC’s website.

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 injured in a car 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.

October Legal Graffiti Event To Benefit The Birthday Party Pensacola

Our October Legal Graffiti event will be full of fun, frights, and, of course, spray paint!

Zarzaur Law’s Legal Graffiti event will be on Friday, Oct. 21 from 5:00 to 9:00 p.m. during Gallery Night.

This Month’s Event Benefits The Birthday Party Pensacola!


Come join us and enjoy FREE Halloween games, activities, music, and more at Legal Graffiti… Remember, the more you donate to spray paint, the more we can match dollar for dollar and give to The Birthday Party Pensacola!

The Halloween theme will also be highlighted with a hands-on-creepy-crawly exhibit by Animal Tales LLC!

About The Birthday Party Pensacola:

The Birthday Party is a non-profit organization dedicated to creating special memories for disadvantaged children … one party at a time.

The purpose of The Birthday Party (TBP) is to celebrate that special day, whether it be their birthday or some other milestone, in the life of a child who may temporarily find their little life under undesirable circumstances. 

The Board of Directors and volunteers go to the location, decorate, and host a party with games, face painting, favors, gifts, and cake and ice cream.

The staff and volunteers work with local shelters and organizations, such as Gulf Coast Kid’s House, Favor House of Northwest Florida, Embrace Florida Kids, Children in Crisis, Inc. Florida, Homeless Veteran’s Program, Pace Center For Girls Escambia-Santa Rosa, and many more.

Learn more about The Birthday Party Pensacola >

Save the date!! Friday, Oct. 21 – 5-9pm in Downtown Pensacola during Gallery Night!

About Zarzaur Law’s “Legal Graffiti” Fundraiser Events

“Legal Graffiti” is an event hosted at Zarzaur Law during each Gallery Night in downtown Pensacola. “Legal Graffiti” is an opportunity for anyone to make a donation and then create artwork on the (recycled billboard vinyl-covered) side of the Zarzaur Law office building using spray paint. The event raises money for non-profits & charities within the area. Donations are matched by the firm and given to the charity of choice. In the past six years of hosting the “Legal Graffiti” event, the firm has donated more than $100,000 to local charities. We are proud and honored to continue to give back to the community where we live, work and play.

legal graffiti fundraiser event
Watch Our “Legal Graffiti” Highlight Video! >

Our “Legal Graffiti” fundraiser recipients include:
Favor House
Gulf Coast Kid’s House
ARC Gateway
The Birthday Party
Project Mentee
American Cancer Society
Big Brothers Big Sisters of NWF
Manna Food Pantries
Pathways for Change
Studer Family Children’s Hospital at Sacred Heart
Autism Pensacola
Rally Pensacola
Guardian ad Litem
Opening Doors NWFL
Alzheimer’s Association
United Way, Escambia County

Watch our “Legal Graffiti” highlight video! >

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 a car 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.

#zarzaurlaw #gallerynightpensacola #downtownpensacola #legalgraffiti #spraypaint #community #event #fundraiser #pensacola #kidsincrisis

How Can Electronic Discovery Affect Your Personal Injury Case?

Electronic discovery, also called e-discovery, is the process of obtaining and exchanging evidence in a legal case or investigation. E-discovery is used in the initial phases of litigation when involved parties are required to provide relevant records and evidence related to a case.

Everything is discoverable and opposing counsel is entitled to information and evidence held within your electronic devices. 

Evidence On Electronic Devices 

Cell phone records provide information about what time text messages were sent which may correlate to a car crash time. It can also prove if / when someone was logged into social media accounts or other apps. Cell phone records and even Social media posts can inadvertently show the other side what you’re physically capable of doing after your injury. Let’s say you post a picture of your family hiking, the other side might ask who took the picture. If that answer is you, then there is proof that you were hiking, all the while claiming that you have an injury from your accident that prevents you from your normal activities. What you post or share can call your case into question in ways you may not be able to predict.

Unlike many other records,
wireless phone records or
call detail records (CDR) are
NOT protected by
the Stored Communications Act
and are not protected by the
Fourth Amendment.

They can be obtained via subpoena or by request of the account holder via a notarized letter.

What Should You Do (or not do)?

If you’re bringing a personal injury claim in Florida, don’t post anything personal on social media. If you absolutely must use social media, limit your social media use to liking other people’s posts and sharing news articles. Ask your friends and family to also limit any discussion about your injuries or case on social media or via text messages on your cell phone. Even the most seemingly innocent comment or photo can be used in court and possibly complicate and impact your personal injury case.

What Is Discovery?

The term “discovery” is used to describe the pre-trial process of exchanging information between parties to a lawsuit.

Discovery enables litigants to compel adversaries to turn over evidence in their possession before trial. 

For the most part, discovery is a formal process that exists in both civil and criminal cases and takes place outside the courtroom.

What’s The Purpose Of Discovery?

Discovery was designed to prevent a situation where one side doesn’t learn of the other side’s evidence or witnesses until the trial, at which point there’s no time to obtain respondent evidence.

To put it simply, discovery levels the playing field by making all information relevant to the case available to both sides. The hope is that, when parties have access to the same information, the outcome of the case will be decided based on the merits of the case rather than on which party has the most information.

The Basis for Electronic Discovery in Florida State Courts 

In their current form, the Florida Rules of Civil Procedure do not directly accommodate the discovery of electronic data. 6 However, Rule 1.280(b)(1) does state “parties may obtain discovery regarding any matter, not privileged, that is relevant to the subject matter of the pending action….”7 Rule 1.350(a) also provides that “[a]ny party may request any other party to… inspect and copy, test, or sample any tangible things that constitute matters within the scope of Rule 1.280(b)….”8 In 1996, the Fourth District in Strasser v. Yalamanchi, 669 So. 2d 1142 (Fla. 4th DCA 1996), held that both Rules 1.280 and 1.350 are sufficiently broad to include the discovery of electronic materials relevant to the underlying dispute. 9 Subsequently, other courts have found the Florida rules not only allow for the discovery of a party’s electronic data, but also a third party’s data. 10 As long as the files are “readily available” in the electronic form to the producing party, a requesting party may obtain the underlying electronic data (also known as native files) through a discovery request.11 However, such a request should be appropriately tailored to seek relevant electronic materials and not constitute a mere fishing expedition. 12

How Does The E-Discovery Process Work?

The process of discovery begins when a lawsuit appears imminent and ends when digital evidence is presented in court. Attorneys from both sides will determine the scope of e-discovery.

The following is a simple description of the e-discovery process:

Identification. ESI is identified by attorneys. E-discovery requests and challenges are made.

Preservation. Data that is identified as potentially relevant is placed under legal hold so it cannot be destroyed. Failure to preserve data will lead to sanctions and fines if the lost data puts the defense at a disadvantage.

Collection. Data is transferred from a company to legal counsel. The legal counsel determines the data’s relevance.

Processing. Files are loaded onto a review platform. Data is usually converted into a PDF (Portable Document Format) or TIFF (Tag Image File Format) for court.

Review. The review process assesses documents for privilege and responsiveness to discovery requests.

Production. Documents are exchanged with opposing counsel.

Legal Issues With E-Discovery

E-discovery is an evolving field that goes far beyond just technology. It can give rise to many legal, constitutional, political, security, and personal data privacy issues.

Proper E-Discovery Requires A Board-Certified Civil Trial Expert

An experienced Board Certified Professional will produce the correct document files, reviewed by the legal team, and ready for trial. Alex Jones, Trial Lawyer, is a good example of what NOT to do for your client. It was unfortunate and entirely preventable. A competent attorney should be able to know how to acquire, review, and produce the correct records without compromising the client’s privacy. Florida law recognizes a right to privacy, and courts are supposed to weigh and balance the competing interests in protecting personal information with the need to discover relevant evidence—evidence that could be critical in determining fault.

Make sure you hire a board-certified civil trial lawyer like Joe Zarzaur, for your personal injury case. Only about 1% of Florida lawyers are board certified and only a handful of lawyers have the same board certifications as Mr. Zarzaur. 

The firm also has attorneys who are AV Preeminent Rated by Martindale-Hubbell & have been named Florida Super Lawyers®

Watch Our YouTube Video On This Topic >

Joe Zarzaur is a Board Certified Civil Trial Attorney whose firm has been dedicated to promoting community safety since 2007. ZARZAUR LAW’S AREAS OF PRACTICE: Serious Personal Injury, Product Defects, 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 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.enjuris.com/personal-injury-law/discovery-in-personal-injury.html

https://www.floridabar.org/the-florida-bar-journal/electronic-discovery-in-florida/

https://www.techtarget.com/searchsecurity/definition/electronic-discovery-e-discovery-or-ediscovery

https://www.nbcnews.com/news/us-news/alex-jones-lawyers-accidentally-leak-years-emails-infowars-financial-d-rcna41378

What You Should Know If Traveling By Car in Florida Over Labor Day Weekend. 

According to The Vacationer, an estimated 137 million people will be traveling for Labor Day weekend, which is more than 53% of the country.

Last Major Travel Holiday Of The Summer: Increased Traffic To Pensacola and Destin

Labor Day also marks the symbolic end of the summer, and both Pensacola and Destin, Florida have been named as one of the top locations to visit during the holiday weekend, according to tripstodiscover.com. This will also mean increased traffic to our popular coastal communities and increased risk of car wrecks caused by drivers not familiar with the area or driving carelessly.

Unofficial End Of Summer

Labor Day weekend is a common signal to many as the unofficial end of summer, but for law enforcement across Florida, it signifies an increase in motorists traveling on the roadways and the importance of reminding drivers to stay safe and sober behind the wheel.

“As Labor Day approaches, please keep safety at the forefront of your travel plans. While many of us will take this long weekend to celebrate with family and friends, our FHP Troopers and first responders will be working to respond to and protect our safety,” said FLHSMV Executive Director, Terry L. Rhodes. “Historically in Florida, more crashes occur on the Friday before Labor Day than any other day during the four-day travel period. No matter how far your destination may be, please remember to buckle up, slow down, and never drive impaired. ”

 

According to FLHSMV data, last year, 4,016 crashes occurred from the Friday before Labor Day through Labor Day across Florida.

During this four-day period, there were 41 fatalities from crashes—eight of which involved drugs and/or alcohol.

 

So as you prepare to travel here are some top tips and info that you can use to ensure a safe arrival to your Labor Day destination in Florida. 

 

When Is The Best Time To Leave For Labor Day Weekend Travel?

According to Transportation analytics company INRIX here is what you need to know in regards to best and worst times to travel for the Labor Day weekend.

Wednesday: Before 12:00 p.m. or after 7:00 p.m.

Thursday: Before 12:00 p.m. or after 7:00 p.m.

Friday: Before 1:00 p.m. or after 7:00 p.m.

Saturday: Before 1:00 p.m. or after 5:00 p.m.

Sunday and Monday are expected to have normal to minimal congestion.

 

When Is The Worst Time To Leave For Labor Day Weekend Travel?

“Thursday, like three-to-four o’clock (p.m.) is probably the worst time to leave,”  Bob Pishue, transportation analyst for INRIX said. “That’s when you get commuters and people running errands, mixing with vacationers and schools getting out if they’re in session.”

Wednesday: 1:00-8:00 p.m.

Thursday: 1:00-8:00 p.m.

Friday: 11:00 a.m.-8:00 p.m.

Saturday: 12:00-5:00 p.m.

What could help ease the pain on the road is taking state highways as opposed to an interstate highway. 

 

TOP 4 LABOR DAY WEEKEND DRIVING SAFETY TIPS

Focus on Driving
Keep 100% of your attention on driving at all times – no multi-tasking.

Don’t use your phone or any other electronic device while driving.

Slow down. Speeding gives you less time to react and increases the severity of an accident.

Drive “Defensively”

Be aware of what other drivers around you are doing, and expect the unexpected.

Assume other motorists will do something crazy, and always be prepared to avoid it.

Keep a 2-second cushion between you and the car in front of you.

Make that 4 seconds if the weather is bad.

Make a Safe Driving Plan

Build time into your trip schedule to stop for food, rest breaks, phone calls or other business.

Adjust your seat, mirrors and climate controls before putting the car in gear.

Pull over to eat or drink. It takes only a few minutes.

Practice Safety

Secure cargo that may move around while the vehicle is in motion.

Don’t attempt to retrieve items that fall to the floor.

Have items needed within easy reach – such as toll fees, toll cards and garage passes.

Always wear your seat belt and drive sober and drug-free.

 

What To Do If You Are In A Car Accident While Traveling In Florida

1. Call the police and file a report
2. Swap information (including any insurance info they may have)
3. Gather details
4. Take pictures
5. Gather contact information of any witnesses
6. Seek medical care immediately for any injuries – no matter how minor you think they might be.

Get more helpful information on what to do after an accident here at our “Car Wreck Checklist” >

 

About Zarzaur Law, P.A.

Joe Zarzaur is a Board-Certified Civil Trial Attorney whose firm is dedicated to promoting community safety since2007. OUR AREAS OF PRACTICE: Serious Personal Injury, Product Defect, Auto Accidents, Cycling Accidents, MedicalMalpractice, Motor Vehicle Accidents, Products Liability, Wrongful Death, Boat and Jet Ski Accidents, Slip and Fall Injuries, and more.

Licensed in Alabama and Florida. www.zarzaurlaw.com

Offices in Pensacola, Destin, Miami and Tallahassee

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:

Labor Day

https://www.usatoday.com/story/travel/2022/08/30/best-worst-time-travel-labor-day-weekend/7939023001/

https://www.tripstodiscover.com/best-places-in-florida-to-visit-on-labor-day-weekend/

https://www.flhsmv.gov/2022/09/01/florida-highway-patrol-offers-tips-for-safe-labor-day-travel/