Distracted driving is a contributing factor in thousands of auto accidents each year in the United States alone. Many states have already passed or are considering legislation to ban sending text messages while driving. But some smartphones allow the user to speak text messages aloud, which the phone then transcribes into a text message. Generally, state laws against texting while driving appear not to prohibit the use of the voice-to-text, or voice transcription features. Similarly, existing laws regulating cell phone conversations while driving generally allow conversations via hands-free devices. Therefore, the legislative bias appears to be in favor of keeping the driver’s hands on the wheel as opposed to eliminating distractions.

Perhaps legislators are simply focusing on passing more practical and politically palatable laws instead of more stringent ones. Or perhaps they truly believe that hands-free devices eliminate or significantly reduce the distraction mobile gadgets present. Drivers who text while using hands-free devices would probably agree that doing so keeps them safer than they otherwise would be. But does it really?

According to a recently-published study by the Texas A&M Transportation Institute (TTI), the answer is no. The study is the first to compare manual texting to voice-to-text using a handheld phone during actual driving. The performance of 43 drivers on a closed course was measured first without any cell phone use, then while using a voice-to-text application, and finally while entering a text message manually. Researchers measured how long it took drivers to send the messages. They also measured reaction times by recording how long drivers took to respond to a light that turned on during the exercises at random intervals.

The results showed that driver response times increased significantly during text entry regardless of the entry method. In each case, reaction times nearly doubled. Interestingly, researchers found that both methods of entering text messages caused the drivers to spend significantly less time with their eyes on the road.

Contrary to what you might expect, the study showed that voice-to-text entry required slightly more time than manual entry. But during that time, driver performance took the same hit regardless of the method. Crucially, despite each of the texting methods impacting ability the same way, drivers reported feeling safer when using the voice-to-text feature.

A distracted driver is a dangerous driver. You owe it to yourself and your loved ones to keep not only your hands on the wheel but your mind on the road around you. Eliminate or reduce your distractions whenever possible. And drive defensively, because even if your car has an attentive driver at the wheel, you can be assured some other car does not.

If you need to speak with a auto accident lawyer, Call Joyce & Reyes at 1.888.771.1529 or visit more of http://www.joyceandreyespa.com/.

Road safety advocates rode their bicycles from Orlando to Tallahassee as part of the third annual Survive the Drive GEICO Road Safety Bicycle Tour.

During the week-long event, participants brought their message of commitment to road safety to students and communities at Florida universities. Eighteen firefighters, police officers, and civilians participated in the strenuous 400-mile ride to bring awareness to the issue.

The tour’s closing events took place on a recent Thursday morning in Tallahassee. Safety fair attendees enjoyed exhibits such as the “fatal vision” station, where goggles simulated the effects of various levels of alcohol intoxication, and received free gifts such as bicycle helmets and fittings.

Following the safety fair, attendees listened to speakers address the crowd from the steps of the Old Capitol.

At noon, police officers rang their sirens to announce that the 18 cyclists had arrived in Tallahassee. Spectators could see them climb the steep Apalachee Parkway as they made their way toward the Old Capitol.

The tour was funded by the Dori Slosberg Foundation, various Florida agencies, and the GEICO Philanthropic Foundation.

“The commitment to road safety that has been shown through the riders and through every agency that has participated in this is because of the deadly statistics, especially in the demographic of college students,” said Tara Kirschner, executive director of the Dori Slosberg Foundation. “College students were the focus of this week to make sure that the tragedies on the road, fatalities and serious injuries will decrease through awareness and education.”

The Dori Slosberg foundation is named for the daughter of State Representative Irving Slosberg. She was killed in a car accident while riding without a seatbelt.

If you need to speak with a car accident lawyer, Call Joyce & Reyes at 1.888.771.1529 or visit more of http://www.joyceandreyespa.com/.

The White House recently released new details on President Obama’s proposed initiative to map the human brain.

The project, called the Brain Research through Advancing Innovative Neurotechnologies (BRAIN), may pave the way for important advances in understanding and treating traumatic brain injury (TBI). Treatment options for TBI are currently quite limited. Also, doctors’ understanding of what makes for effective rehabilitation is undergoing rapid change.

In a press conference on April 2, 2013, President Obama proposed that the government’s fiscal year 2014 budget contain an initial expenditure toward the project of $100 million. BRAIN is projected to cost as much as $3 billion and take ten years or longer.

The goal of the initiative is to map the activity of every neuron in the human brain. Researchers hope the information will help not only brain injury patients but also Alzheimer’s, autism, and epilepsy patients.

The White House press release said the $100 million to pay for the project will come from the National Science Foundation, the National Institutes of Health, and the Defense Advanced Research Projects Agency (DARPA).

“The BRAIN Initiative will accelerate the development and application of new technologies that will enable researchers to produce dynamic pictures of the brain that show how individual brain cells and complex neural circuits interact at the speed of thought,” the White House statement said. “These technologies will open new doors to explore how the brain records, processes, uses, stores, and retrieves vast quantities of information, and shed light on the complex links between brain function and behavior.”

If you need to speak with a brain injury attorney or lawyer, Call Joyce & Reyes at 1.888.771.1529 or visit more of http://www.joyceandreyespa.com/.

A study published recently in the research journal Accident Analysis and Prevention analyzes the habits of drivers who only occasionally use seatbelts. The report, which used data from monitoring devices installed in 100 vehicles, shows that reluctant seatbelt users are more likely to buckle up for trips on high speed roads.

The majority of accidents – and the majority of driving – occurs on low-speed roads close to drivers’ homes, where drivers and passengers use seatbelts at lower rates. The National Highway Traffic Safety Administration (NHTSA) says that if drivers and front-seat passengers always used seatbelts, traffic fatalities would fall by 45 percent.

“We wanted to find out what makes occasional seatbelt users buckle up more than half the time,” said Jon Hankey, a director of the study at the Virginia Tech Transportation Institute. “They know it is a good idea, so why don’t they do it all of the time?”

The study was the first of its kind. Over the course of one year, instruments in 100 cars gathered data on more than 150,000 trips by 108 primary drivers and 299 secondary drivers. Participants answered questionnaires designed to measure certain personality traits such as aggression and risk-taking.

“The first objective was to determine if there were variables, such as trip distance, speed, and time of day, that uniquely characterized consistent, occasional, and infrequent seatbelt users,” said Hankey.

“The second objective was to conduct a more detailed analysis of the group defined as occasional seatbelt users to identify factors associated with these drivers’ decisions to wear their belts on some trips but not others,” he added.

Data showed primary drivers wore their seatbelts 79.1 of the time and second drivers buckled up 81.2 percent of the time. Researchers found that during trips around town averaging 30 mph, occasional seatbelt users opted for the seatbelt 72.7 percent of the time, but trips averaging 50 mph saw seatbelt usage at 89.0 percent.

“Occasional users may have an unrealistic view of a certain trip’s risk, and an education program targeting this unrealistic view may have a significant impact on seatbelt compliance,” said NHTSA fellow Sharon P. Berlin.

The study also showed that individuals with more formal education were more likely to be consistent seatbelt users, and those with aggressive driving habits were more likely to be occasional seatbelt users.

The NHTSA is planning another, much larger, study, called the Strategic Highway Research Program. The study will involve driving data on 2,000 cars.

If you need to speak with a auto accident lawyer, Call Joyce & Reyes at 1.888.771.1529 or visit more of http://www.joyceandreyespa.com/.

The National Highway Traffic Safety Administration (NHTSA) encourages car owners to file complaints when they have safety concerns about their vehicles. Consumers play an important role in helping automakers and government understand the threats to safety that cars present.

Some issues with cars are so rare that they may only present themselves to a handful of customers; automakers may never encounter them despite extensive testing. This is why it is important for you to file a complaint if you believe your vehicle has a safety issue. Every piece of available data is valuable in solving these difficult problems.

The NHTSA receives many complaints, and some are more useful than others. If you file a complaint, take care with your submission to be sure you are part of the solution.

DO include:

• your vehicle identification number, which is not required, but which gives investigators important details about where your car was made and how it is configured;
• a clear statement of how you expected the car to behave and how it actually behaved;
• whether you can duplicate the malfunction – that is, it happens every time;
• any relevant information about maintenance and repairs; and
• any relevant aftermarket equipment installed on the vehicle.

DO NOT include:

If you believe your vehicle may have a safety issue, visit the NHTSA website and file a complaint.

Call Joyce & Reyes at 1.888.771.1529 or visit more of http://www.joyceandreyespa.com/.

On a recent Wednesday, a Tampa jury convicted Dontae Morris of first-degree murder.

The verdict, however, was not in connection with his infamous alleged killing of two Tampa police officers. That trial is still to come.

The Tampa jury deliberated for just under six hours before convicting Morris, 27, of the 2010 killing of Rodney Jones, then 42, at the Cotton Club in Tampa. Jurors also convicted Morris of attempted robbery. He faces a mandatory minimum sentence of life in prison.

Police said Morris shot Jones in the neck outside the Cotton Club as revenge for Jones previously robbing Morris.

Three more murder trials await Morris. He may be sentenced to death if found guilty of killing the police officers.

Those killings created such a stir that in order to find unbiased jurors for this trial who were unaware of Morris’s other charges, Judge William Fuente held jury selection in Orlando and sequestered jurors in a Tampa hotel during the trial.

After Judge Fuente released the jurors, he gave Jones’ family members an opportunity to address the court before sentencing, which will be scheduled soon.

Jones’ sister Daphne Fuentes asked Judge Fuente to sentence Morris to life in prison.

“If he spends eternity plus one day, that’s still not enough to fill the void he left in my family,” she said.

The killing of a family member is an enormous burden to bear. When another may be at fault for a death, an experienced wrongful death attorney can help you understand your rights and remedies.

Call Joyce & Reyes at 1.888.771.1529 or visit more of http://www.joyceandreyespa.com/.

Newborns’ fragile bodies are susceptible to a wide range of injuries before, during, and immediately after birth. One type of common birth injury is a brachial plexus injury.

The brachial plexus is a group of nerve fibers near the top of the spinal cord, near the shoulder. These nerves control movement in the shoulder, arm, and hand.

If a newborn’s shoulders become lodged behind the mother’s pubic bone during delivery, this can result in injury to the brachial plexus. The force of delivery, whether from the mother pushing or from medical personnel pulling, can place excessive force on the shoulders and cause nerve damage. Although most commonly seen in vaginal delivery, brachial plexus injuries can also happen during cesarean section delivery.

This type of injury is most often seen in larger newborns, especially those weighing over nine pounds. It can occur as a result of the infant being positioned feet-first, called a breech birth. It also happens more often when the mother has been in prolonged labor. Any of these circumstances should prompt medical personnel to be especially diligent in protecting the infant.

Brachial plexus injuries can lead to Klumpke’s palsy, Erb’s palsy, and total brachial plexus palsy. Paralysis, numbness, and impaired motor skills may occur. The symptoms of brachial plexus injury are commonly observed at birth, leading to diagnosis by x-ray or by testing the Moro reflex.

The Moro reflex is present in all newborns and is a reaction to a sudden loss of support, such as a feeling of falling. Newborns will quickly spread their arms then move them together in an approximation of a grasping motion. Asymmetry or absence of movement in either arm may be evidence of a brachial plexus injury.

There are four classes of severity of brachial plexus injuries. From least serious to most serious, they are:

• an excessive stretching of nerves that does not tear them – this injury, called neuropraxia, heals without treatment;
• an injury that stretches nerves to the point where a few are damaged, called a neuroma;
• a tearing of nerves, known as a rupture; and
• a severe tearing of nerves and separation of the brachial plexus from the spinal cord, known as an avulsion.

Avulsions unfortunately are the most common class of brachial plexus injury.

Medical negligence and medical malpractice can be contributing factors to brachial plexus injuries. Doctors must deliver newborns with precise and gentle force. When medical professionals are at fault, a birth injury attorney can help patients recover damages.

Contact a Tampa personal injury lawyer at Joyce & Reyes to learn more.

According to the Centers for Disease Control and Prevention, approximately 10,000 babies born in the U.S. each year have cerebral palsy. Although the disease may develop after birth, it is usually present when the baby is born.

Genetic disorders and other “acts of God” account for many cases of cerebral palsy, but birth injuries can contribute to the condition as well. Experts estimate that 10 to 15 percent of all cases of cerebral palsy are the result of brain injury.

For example, oxygen deprivation during delivery, if not quickly recognized and alleviated, can permanently damage the infant brain.

Other examples of medical malpractice that may cause cerebral palsy include:
Mistakes in performing a C-section, such as failure to timely execute an emergency C-section.
Failure to diagnose meningitis, an infection in the brain and spinal cord.
Improper use of delivery aids such as forceps and vacuum extractors.
Use of too much force in delivery.

Parents and doctors usually begin to suspect cerebral palsy when the baby is about six months of age and is not achieving significant developmental milestones. Symptoms may include:
Lack of coordination
Stiffness
Delayed growth
Respiratory conditions
Seizures

Parents whose babies display symptoms of cerebral palsy should speak with their pediatrician. If your baby is diagnosed with cerebral palsy and you think birth injury may have been a factor, speak with an experienced birth injury lawyer and find out your rights and remedies.

Call Joyce & Reyes at 1.888.771.1529 or visit more of http://www.joyceandreyespa.com/.

Florida nursing home litigation can be a depressing subject because there are all too many examples of neglect and abuse in the industry.

But substandard care is not the norm. It is good to take a moment to recognize some of the excellent treatment and care that residents receive in the majority of Florida nursing homes.

Recently, two nursing homes in South Florida received the Governor’s Gold Seal Award for high quality care. Joseph L. Morse Geriatric Center in West Palm Beach and Harbour’s Edge in Delray Beach already held the distinction and in February received it for another two-year period.

Of the 678 licensed nursing homes throughout Florida, just 19 – under three percent – carry the seal.

In order to receive the award, nursing homes must submit applications, which are reviewed by an independent panel. Gold Seal facilities must have excellent satisfaction ratings, stellar inspection reports, and low staff turnover.

State legislators began the award program in 2000, when consumer rankings of nursing homes were quite limited in availability. The federal government also rates facilities on a scale of up to five stars.

Floridians seeking nursing home care are encouraged to visit Florida’s Nursing Home Guide online, where they can search for facilities with the Gold Seal Award and/or a five-start federal rating.

Call Joyce & Reyes at 1.888.771.1529 or visit more of http://www.joyceandreyespa.com/.

A nursing home wrongful death lawsuit must go to arbitration.

A recent ruling by the Florida Supreme Court said that a wrongful death lawsuit against a nursing home in Leesburg must go to arbitration. The case is seen as a victory for the nursing home industry.

Many nursing homes include in their contracts with incoming patients a provision binding the parties to arbitration to resolve any lawsuits over the treatment provided at the facilities. These arbitration agreements are the subject of numerous lawsuits brought by plaintiffs who argue they improperly take away their right to a jury trial.

Debra Laizure brought the recent wrongful death suit against Avante at Leesburg after her father, Harry Stewart, died there in 2006, having been admitted four days earlier. Avante argued that a contract signed by Stewart bound Laizure to accept arbitration in the dispute. Laizure was not a party to the contract.

Laizure argued that an arbitration agreement entered into by Stewart could not cover a wrongful death claim because the claim belonged to Stewart’s estate and heirs.

The Justices unanimously found that the arbitration agreement applied to Laizure’s suit, upholding an earlier ruling by the Fifth District Court of Appeals.

“The agreement expressly encompasses claims arising out of or relating to Stewart’s stay at the facility, including negligence and malpractice, and is expressly binding upon and includes claims brought by Stewart’s heirs,” Justice Barbara Pariente wrote in the Supreme Court’s opinion. “As reflected in the terms of the arbitration agreement, it is clear that the contracting parties intended to include wrongful death claims such as those brought in this case.”

The Fifth District found that “the beneficiaries of the estate were intended third-party beneficiaries of the agreement” and referred to a similar case in the Fourth District in which the court ruled an arbitration agreement encompassed a wrongful death claim.

Although it ruled against Laizure, the Fifth District did send a certified question to the Supreme Court asking for further clarification of the issue, saying the question was “of great public importance.”

Pariente’s written opinion continued, “The question presented is whether an arbitration provision in an otherwise valid contract binds the signing party’s estate and heirs in a subsequent wrongful death case … we hold that it does. Because the signing party’s estate and heirs are bound by defenses that could be raised in a personal injury suit brought by the decedent, as well as by releases signed by the decedent, it would be anomalous to conclude that they are not also bound by a choice of forum agreement signed by the decedent in a wrongful death action arising out of the treatment and care of the decedent.”

Illustrating the importance of the issue, senior advocacy organization AARP and the Florida Health Care Association, a nursing home industry association, filed briefs in the case.

“This case has far-reaching implications for people requiring admission to long-term care facilities and their families,” the AARP said in its brief.

Robert Joyce is a Tampa nursing home litigation attorney at Joyce & Reyes Law Firm. To learn more about the Tampa nursing home litigation lawyer, visit http://www.joyceandreyespa.com/ or call 1.888.771.1529.