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    <title>St. Petersburg Personal Injury Blog</title>
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    <id>tag:www.attorneyscully.com,2009-12-03:/blog/11165</id>
    <updated>2012-05-03T23:51:23Z</updated>
    <subtitle>For experienced personal injury representation in Florida, call the Law Offices of Charles R. Scully at 866-611-4205.</subtitle>
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<entry>
    <title>Increase in Teen Driving Deaths in Florida, Nationwide </title>
    <link rel="alternate" type="text/html" href="http://www.attorneyscully.com/blog/2012/05/increase-in-teen-driving-deaths-in-florida-nationwide.shtml" />
    <id>tag:www.attorneyscully.com,2012:/blog//11165.241438</id>

    <published>2012-05-04T13:45:32Z</published>
    <updated>2012-05-03T23:51:23Z</updated>

    <summary>Teen drivers, specifically 16 and 17-year-olds, were increasingly involved in fatal car accidents throughout the country in 2011. Last year was the first increase in fatal teen car accidents in the last eight years. Despite a decrease in overall traffic...</summary>
    <author>
        <name>Law Offices of Charles R. Scully</name>
        <uri>http://www.attorneyscully.com/mt-bin/mt-cp.cgi?__mode=view&amp;blog_id=11165&amp;id=11569</uri>
    </author>
    
        <category term="Motor Vehicle Safety " scheme="http://www.sixapart.com/ns/types#category" />
    
    <category term="motorvehicleaccidents" label="motor vehicle accidents" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="motorvehiclesafety" label="motor vehicle safety" scheme="http://www.sixapart.com/ns/types#tag" />
    
    <content type="html" xml:lang="en-us" xml:base="http://www.attorneyscully.com/blog/">
        <![CDATA[<p>Teen drivers, specifically 16 and 17-year-olds, were increasingly involved in fatal car accidents throughout the country in 2011. Last year was the first increase in fatal teen car accidents in the last eight years.</p>
<p>Despite a decrease in overall traffic fatalities during 2011, <a href="http://www.attorneyscully.com/Motor-Vehicle-Accidents/Car-Accidents.shtml">car accident</a> fatalities for 16 and 17-year-olds increased from 190 to 211 according to a recently released Governors Highway Safety Association (GHSA) report.</p>
<p>Last year, Florida saw one of the largest increases in teen car accident fatalities. Twenty-two other states saw an increase in teen traffic fatalities and within the last six months, teen traffic deaths have increased by six percent.</p>]]>
        <![CDATA[<p><strong>More Deaths Despite Fewer Drivers</strong></p>
<p>With the increase in teen traffic fatalities, many would think the number of teen drivers has also increased. Not in Florida. Between 2006 and 2010, there was actually a decrease of teen drivers in Florida by ten percent according to the Florida Department of Highway Safety and Motor Vehicles. Why are there less teen drivers? Many teens still in high school cannot afford to buy a car and keep up with the insurance payments required by state law. Other teens simply are waiting to get their driver's license.</p>
<p>Even though there are less teen drivers on the road, those that are driving are more likely to text or use their cellphone. Distracted driving has become the leading factor in fatal teen car accidents. The dangers of cellphone use while driving have become so prevalent that many parents have started using Smartphone applications which disable incoming and outgoing text messages while a car is in motion.</p>
<p><strong>Addressing the Issue</strong></p>
<p>Parents are not the only ones concerned about the increase in teen deaths. The GHSA issued a statement which calls for an improvement in drivers' education for teenagers and increased education for parents on the importance of being involved in establishing safe driving habits for their children.</p>
<p>The GHSA statement also calls for more federal funding for national and state-wide distracted driving campaigns, which could play a key role in raising awareness for safe teen driving and reducing the number of fatal teen car accidents.</p>]]>
    </content>
</entry>

<entry>
    <title>Bills to Reform ALF Oversight Die in Florida Legislature</title>
    <link rel="alternate" type="text/html" href="http://www.attorneyscully.com/blog/2012/04/bills-to-reform-alf-oversight-die-in-florida-legislature.shtml" />
    <id>tag:www.attorneyscully.com,2012:/blog//11165.228439</id>

    <published>2012-04-11T13:30:19Z</published>
    <updated>2012-04-10T19:13:07Z</updated>

    <summary>For the second time in four years, efforts to reform the oversight of Florida&apos;s assisted living facilities (ALF) and improve the safety of patients ended, at least for the time being, when lawmakers could not agree on key measures. Measures...</summary>
    <author>
        <name>Law Offices of Charles R. Scully</name>
        <uri>http://www.attorneyscully.com/mt-bin/mt-cp.cgi?__mode=view&amp;blog_id=11165&amp;id=11569</uri>
    </author>
    
        <category term="Nursing Home Abuse and Neglect" scheme="http://www.sixapart.com/ns/types#category" />
    
    <category term="elderabuse" label="elder abuse" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="nursinghomeissues" label="nursing home issues" scheme="http://www.sixapart.com/ns/types#tag" />
    
    <content type="html" xml:lang="en-us" xml:base="http://www.attorneyscully.com/blog/">
        <![CDATA[<p>For the second time in four years, efforts to reform the oversight of Florida's assisted living facilities (ALF) and improve the safety of patients ended, at least for the time being, when lawmakers could not agree on key measures. Measures designed to protect ALF and nursing home patients from <a href="http://www.attorneyscully.com/Nursing-Home-Neglect-Abuse-Injuries/">neglect and abuse</a>.</p>
<p>According to <em>The Miami Herald</em>, a bill passed by the Senate would have increased the number of inspections of "troubled" ALFs and allowed for the closing of facilities that were not up to par. Further, the Senate bill would have required increased educational credentials for ALF managers. Lobbying efforts by "industry leaders" led the House of Representatives to decline to consider the Senate bill, but the House did, however, pass its own bill.</p>]]>
        <![CDATA[<p>The House bill was criticized for not going far enough in fixing the problems plaguing ALFs by not punishing or closing facilities in cases of "egregious" death or repeated violations of state standards. The House bill, like the Senate bill, also called for the increased education of ALF managers, but only in training and classroom time, not academic credentials.</p>
<p>In a series of reports, <em>The Miami Herald</em> found that many ALF patients across the state are being mistreated and/or being abused and neglected. The reports found incidents of:</p>
<p>• <a href="http://www.attorneyscully.com/Nursing-Home-Neglect-Abuse-Injuries/Physical-Mental-Emotional-Abuse.shtml">Assault</a></p>
<p>• Starvation</p>
<p>• Lethal doses of medications being given to patients</p>
<p>• Death</p>
<p>Beyond <em>The Miami Herald's</em> findings, patients of ALFs or nursing homes are at risk of being neglected by caregivers in many areas. Neglect involves the failure of a facility to provide residents with basic services like supervision, food and drink, medical care, and shelter. The failure to provide these services can result in dangerous conditions such as dehydration, malnutrition, sexual assault, medication errors, bedsores, physical injury, and even death.</p>]]>
    </content>
</entry>

<entry>
    <title>Bed Rails Present Unanticipated Dangers</title>
    <link rel="alternate" type="text/html" href="http://www.attorneyscully.com/blog/2012/03/bed-rails-present-unanticipated-dangers.shtml" />
    <id>tag:www.attorneyscully.com,2012:/blog//11165.214164</id>

    <published>2012-03-12T13:45:04Z</published>
    <updated>2012-03-12T13:07:00Z</updated>

    <summary>Although they may appear on the surface to be an excellent safety device, the truth is that guardrails on seniors&apos; beds can do more harm than good. Even though the federal Food and Drug Administration (FDA) recommended against using bed...</summary>
    <author>
        <name>Law Offices of Charles R. Scully</name>
        <uri>http://www.attorneyscully.com/mt-bin/mt-cp.cgi?__mode=view&amp;blog_id=11165&amp;id=11569</uri>
    </author>
    
        <category term="Nursing Home Abuse and Neglect" scheme="http://www.sixapart.com/ns/types#category" />
    
    <category term="elderabuse" label="elder abuse" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="nursinghomeissues" label="nursing home issues" scheme="http://www.sixapart.com/ns/types#tag" />
    
    <content type="html" xml:lang="en-us" xml:base="http://www.attorneyscully.com/blog/">
        <![CDATA[<p>Although they may appear on the surface to be an excellent safety device, the truth is that guardrails on seniors' beds can do more harm than good. Even though the federal Food and Drug Administration (FDA) recommended against using bed rails back in 2006, it is estimated that hundreds of thousands of seniors still sleep in railed hospital beds.</p>
<p>Bed rails are a surprisingly common cause of <a href="http://www.attorneyscully.com/Nursing-Home-Neglect-Abuse-Injuries/Falls.shtml">nursing home falls</a> and other injuries. According to an FDA study, over a 24 year period, the beds have led to more than 480 deaths, 138 injuries and 185 "close calls."</p>]]>
        <![CDATA[<p>Most people tend to assume that bed rails make it harder for patients to fall or roll out of bed. In reality, though, the rails often just make falls more severe. Normally, seniors who roll out of bed would land on their legs or knees. However, confused or dementia-afflicted seniors who try to climb over the rails end up falling from much greater heights, often suffering head injuries in the process.</p>
<p>An even greater risk comes from the potential for seniors to become entrapped. Unlike baby cribs, which are designed to prevent entrapment, railed beds often have a gap between the mattress and the rail. A patient can roll into that gap, which then pushes the mattress further off to the side. As the gap grows, the patient can sink deeper and can eventually become covered by the mattress. Asphyxiation can then occur in matter of mere minutes.</p>
<p>Although bed rail use is still far too common, it has declined in recent years. Experts attribute much of the change not to changing government regulations, but rather to the increasing prevalence of <a href="http://www.attorneyscully.com/Nursing-Home-Neglect-Abuse-Injuries/">nursing home neglect</a> lawsuits. Many homes find that the cost of replacing outdated beds is cheaper than risking a negligence suit.</p>
<p>If you are helping a loved one choose a nursing home, pay attention to what kind of bed he or she will be using. Sometimes, dangers lurk where we least expect them.</p>]]>
    </content>
</entry>

<entry>
    <title>Jury Finds Ford Liable for Fatal Accident Caused by Defective Tires   </title>
    <link rel="alternate" type="text/html" href="http://www.attorneyscully.com/blog/2012/01/jury-finds-ford-liable-for-fatal-accident-caused-by-defective-tires.shtml" />
    <id>tag:www.attorneyscully.com,2012:/blog//11165.173884</id>

    <published>2012-01-12T14:45:09Z</published>
    <updated>2011-12-28T18:29:59Z</updated>

    <summary>A Sacramento jury recently found Ford Motor Co. liable for $73 million in damages after an accident caused by defective tires killed two individuals and injured two others. The plaintiffs filed a lawsuit against Ford in 2006 charging that the...</summary>
    <author>
        <name>Law Offices of Charles R. Scully</name>
        <uri>http://www.attorneyscully.com/mt-bin/mt-cp.cgi?__mode=view&amp;blog_id=11165&amp;id=11569</uri>
    </author>
    
        <category term="Motor Vehicle Safety " scheme="http://www.sixapart.com/ns/types#category" />
    
    <category term="defectiveproducts" label="defective products" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="motorvehicleaccidents" label="motor vehicle accidents" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="motorvehiclesafety" label="motor vehicle safety" scheme="http://www.sixapart.com/ns/types#tag" />
    
    <content type="html" xml:lang="en-us" xml:base="http://www.attorneyscully.com/blog/">
        <![CDATA[<p>A Sacramento jury recently found Ford Motor Co. liable for $73 million in damages after an accident caused by defective tires killed two individuals and injured two others.</p>
<p>The plaintiffs filed a lawsuit against Ford in 2006 charging that the auto company failed to alert their dealers about Goodyear's 2002 notification that their tires may be defective and were able to be replaced.</p>
<p>Before the jury found Ford liable for damages, the plaintiffs' lawyers turned down a settlement offer from Ford. The plaintiffs wanted public accountability for Ford's conduct and failure to notify consumers that their vehicles were equipped with <a href="http://www.attorneyscully.com/Personal-Injury/Product-Liability.shtml">defective tires</a> subject to a recall.</p>]]>
        <![CDATA[<p>The jury voted 10-2 that Ford was negligent and thus was liable for the 2004 California crash. The church's 15-passenger Econoline van began to shake as a result of a tire tread separation. The van was equipped with tires that Goodyear had previously notified Ford were defective. The driver tried to turn the van and it rolled over four times.</p>
<p>The jury's verdict is believed to be the biggest in Sacramento history and sets a standard for holding auto manufacturers accountable for their role in vehicle safety and notifying the public about defective auto parts.</p>
<p><strong>Dangers of Defective Parts &amp; Rollovers</strong></p>
<p>This accident demonstrates that defective tires can cause a <a href="http://www.attorneyscully.com/Motor-Vehicle-Accidents/Rollover-Accidents.shtml">rollover accident</a>. Rollovers often occur when a driver loses control of the vehicle and tends to slide sideways, causing the vehicle to flip onto its side or roof. When a tire tread separates, it causes the vehicle to spin and may cause drivers to overcorrect, causing it to rollover. Reports also show that many rollover accidents lead to passengers being partially or completely ejected from the vehicle, causing serious or fatal injuries.</p>
<p>This accident and lawsuit highlight the dangers of defective tires and why it is important to hold manufacturers accountable for defective parts. Vehicle manufacturers can protect against the dangers of rollovers by making sure their tires function properly and are not defective.</p>
<p>In addition, roof strength and other vehicle safety standards should be followed to increase passenger safety. If a vehicle manufacturer has defective parts, they should notify the public of any defects and if any parts or vehicles are available to be replaced or recalled.</p>]]>
    </content>
</entry>

<entry>
    <title>Florida Driver&apos;s License Revocations Increasing Among the Elderly</title>
    <link rel="alternate" type="text/html" href="http://www.attorneyscully.com/blog/2011/12/florida-drivers-license-revocations-increasing-among-the-elderly.shtml" />
    <id>tag:www.attorneyscully.com,2011:/blog//11165.152309</id>

    <published>2011-12-14T14:45:31Z</published>
    <updated>2011-11-07T14:23:13Z</updated>

    <summary>The number of driver&apos;s licenses in Florida that have been revoked due to the physical or mental unfitness of the driver has more than doubled in the last decade. The main reasons for license revocation: problems related to dementia, stroke,...</summary>
    <author>
        <name>Law Offices of Charles R. Scully</name>
        <uri>http://www.attorneyscully.com/mt-bin/mt-cp.cgi?__mode=view&amp;blog_id=11165&amp;id=11569</uri>
    </author>
    
        <category term="Motor Vehicle Safety " scheme="http://www.sixapart.com/ns/types#category" />
    
    <category term="motorvehicleaccidents" label="motor vehicle accidents" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="motorvehiclesafety" label="motor vehicle safety" scheme="http://www.sixapart.com/ns/types#tag" />
    
    <content type="html" xml:lang="en-us" xml:base="http://www.attorneyscully.com/blog/">
        <![CDATA[<p>The number of driver's licenses in Florida that have been revoked due to the physical or mental unfitness of the driver has more than doubled in the last decade. The main reasons for license revocation: problems related to dementia, stroke, seizures, and other health conditions.</p>
<p>According to the Florida Department of Highway Safety and Motor Vehicles, the reason for the spike in license revocations is that more drivers are being reported as mentally or physically unfit to drive. A longstanding, but little-known Florida law, allows anyone to notify the state, in writing, about motorists with mental or physical limitations or conditions that might affect their driving.</p>
<p>Most reports under this law came from family members, the public or a professional after the driver had been in a <a href="http://www.attorneyscully.com/Motor-Vehicle-Accidents/Car-Accidents.shtml">car accident</a>, became repeatedly confused or was consistently driving erratically. Last year, 9,105 drivers were reported, up from 8,294 in 1999.</p>]]>
        <![CDATA[<p>Senior citizen advocates say that the increase in reports suggests more families and physicians are willing to report potentially unsafe older drivers. "I think it is a very positive sign," said Mary Barnes, CEO and president of Alzheimer's Community Care in West Palm Beach. "People are better understanding what's at risk when a driver is cognitively impaired," Barnes continued.</p>
<p><strong>How to Help Yourself</strong></p>
<p>Elderly drivers are especially at risk for car accidents. According to the American Automobile Association (<a href="http://www.aaa.com/scripts/WebObjects.dll/ZipCode.woa/wa/route">AAA</a>), drivers 65 and older are involved in more crashes per mile driven than any other age group except teenagers. However, according to AAA, taking away an elderly driver's right to drive is appropriate only in extreme cases. AAA offers some tips for drivers approaching their golden years:</p>
<p>•· Understand your strengths and weaknesses. If you make an honest evaluation of yourself, you may find that there is no problem with your driving. Although driving ability generally begins to deteriorate at age 55, some people can safely drive into old age.</p>
<p>•· Communicate respectfully. When speaking to a loved one, don't immediately assume that they want to take your keys away from you. Understand that they want you to be safe behind the wheel. Talk about strategies to correct your shortcomings and overcome their fears.</p>
<p>•· Plan early. Take the same approach to transportation as you would to finances. Plan for regular medical and vision checkups and choose a safer car. Take the opportunity to identify alternate modes of transportation in case your driving skills diminish.</p>
<p>•· Agree on safe limits. If driving assessments or medical exams reveal deficiencies that can't be corrected, you might consider restricting your driving to daytime, off-peak times, and well-lit routes. When these measures no longer seem to be enough, it might be the time to stop driving.</p>]]>
    </content>
</entry>

<entry>
    <title>Insurance and Warranties in the Wake of Natural Disasters</title>
    <link rel="alternate" type="text/html" href="http://www.attorneyscully.com/blog/2011/11/insurance-and-warranties-in-the-wake-of-natural-disasters.shtml" />
    <id>tag:www.attorneyscully.com,2011:/blog//11165.142279</id>

    <published>2011-11-15T14:45:19Z</published>
    <updated>2011-10-14T15:36:11Z</updated>

    <summary>Florida is no stranger to natural disasters. When such &quot;Acts of God&quot; occur, many look to insurance policies or warranties to replace or repair damaged property such as automobiles. Not everyone is aware of what insurance covers and in what...</summary>
    <author>
        <name>Law Offices of Charles R. Scully</name>
        <uri>http://www.attorneyscully.com/mt-bin/mt-cp.cgi?__mode=view&amp;blog_id=11165&amp;id=11569</uri>
    </author>
    
        <category term="Motor Vehicle Safety " scheme="http://www.sixapart.com/ns/types#category" />
    
    <category term="defectiveproducts" label="defective products" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="motorvehiclesafety" label="motor vehicle safety" scheme="http://www.sixapart.com/ns/types#tag" />
    
    <content type="html" xml:lang="en-us" xml:base="http://www.attorneyscully.com/blog/">
        <![CDATA[<p>Florida is no stranger to natural disasters. When such "Acts of God" occur, many look to insurance policies or warranties to replace or repair damaged property such as automobiles. Not everyone is aware of what insurance covers and in what situations a warranty applies, or that sometimes the coverage overlaps.</p>
<p><strong>Warranty</strong></p>
<p>Very simply stated, a warranty covers <a href="http://www.attorneyscully.com/Personal-Injury/Product-Liability.shtml">motor vehicle defects</a>. If a consumer discovers a defect on a car that he or she purchased and the car is under a warranty, the manufacturer will repair or replace the defective part.</p>]]>
        <![CDATA[<p>Things begin to get complicated when car manufacturers and sellers offer "extended warranties" that cover damage that is not related to a defect in the product, but rather results from accidents. Car sellers often bundle such extended warranties with vehicle service contracts. Even extended warranties exclude damage from natural disasters, however.</p>
<p><strong>Insurance</strong></p>
<p>Insurance generally covers repairs to a car when a vehicle is damaged. In the U.S., insurers generally offer three types of insurance:</p>
<p>•· Liability: covers damage that the insured driver causes to other property</p>
<p>•· Collision: covers damage to the insured driver's vehicle in an accident, no matter who is at fault</p>
<p>•· Comprehensive: covers damage from fire, weather, theft, vandalism and other such incidents.</p>
<p>In the event of a natural disaster, people would make claims under a comprehensive insurance policy. The repairs on the car and any new parts would then have their own warranties, which the car owner could use if the part or repair should fail in the future.</p>
<p>People need to read their insurance policies carefully, however, as some insurers specifically exclude coverage for certain events, such as flood damage, from policies. An insurance policy also differs from a warranty in the amount that the insurer will reimburse the policy owner. While a warranty replaces the defective part with an entirely new one, an insurance policy only pays out the fair market value of the vehicle; the insurer will not provide the insured with a new car.</p>
<p>When disaster strikes, it is not the time to try to learn what a warranty covers and what insurance covers. It is wise for consumers to know the extent of coverage before their cars sustain damage, in the event that the insurance company or manufacturer tries to fight the consumer. If you are having difficulties with an insurance company, contact an experienced attorney who can help advocate for your rights.</p>]]>
    </content>
</entry>

<entry>
    <title>Florida Pedestrians Beware </title>
    <link rel="alternate" type="text/html" href="http://www.attorneyscully.com/blog/2011/10/florida-pedestrians-beware.shtml" />
    <id>tag:www.attorneyscully.com,2011:/blog//11165.126602</id>

    <published>2011-10-25T13:45:17Z</published>
    <updated>2011-09-14T21:27:34Z</updated>

    <summary>Florida cities ranked one, two, three and four in order of most dangerous cities for pedestrians in the United States, according to a recent study, Dangerous by Design, by Transportation for America, a nonprofit safety advocacy organization. The cities are...</summary>
    <author>
        <name>Law Offices of Charles R. Scully</name>
        <uri>http://www.attorneyscully.com/mt-bin/mt-cp.cgi?__mode=view&amp;blog_id=11165&amp;id=11569</uri>
    </author>
    
        <category term="Pedestrian Safety" scheme="http://www.sixapart.com/ns/types#category" />
    
    <category term="motorvehicleaccidents" label="motor vehicle accidents" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="pedestrianaccidents" label="pedestrian accidents" scheme="http://www.sixapart.com/ns/types#tag" />
    
    <content type="html" xml:lang="en-us" xml:base="http://www.attorneyscully.com/blog/">
        <![CDATA[<p>Florida cities ranked one, two, three and four in order of most dangerous cities for pedestrians in the United States, according to a recent study, <em>Dangerous by Design</em>, by Transportation for America, a nonprofit safety advocacy organization. The cities are ranked as follows:</p>
<ol>
<li>Orlando-Kissimmee, FL </li>
<li>Tampa-St. Petersburg-Clearwater, FL </li>
<li>Jacksonville, FL </li>
<li>Miami-Fort Lauderdale-Pompano Beach, FL</li></ol>]]>
        <![CDATA[<p>David Goldberg, communications director for the organization has characterized this reality as follows, "So much of Florida has been built up so quickly in that era of the automobile-oriented design; it's this sort of the boomer phenomenon, the tendency there has been to build the big wide arterials; you have these long superblocks and you can get up to a good speed."</p>
<p>What is good for cars is not so good for pedestrians. And Transport for America points out that pedestrian injuries and <a href="http://www.attorneyscully.com/Wrongful-Death/">fatal accidents</a> across Florida are often not truly "accidental" at all. The emphasis on designing cities, streets and shopping areas for the benefit of cars at the detriment of pedestrians carries with it a real price a price; a lack of pedestrian safety resulting in numerous deaths. A recent <em>New York Times </em>story details the difficulty of using bus stops and the nonexistence of crosswalks in many areas of Florida. Particularly problematic are the long distances between intersections, which encourage pedestrians to attempt to cross roads while traffic is often moving at speeds of 60 mph or more.</p>
<p><strong>Nationwide Deaths</strong></p>
<p><em>Dangerous by Design</em> describes the death toll of more than 47,700 pedestrians in the years from 2000 through 2009, as "the equivalent of a jumbo jet full of passengers crashing roughly every month." In addition, more than 688,000 <a href="http://www.attorneyscully.com/Motor-Vehicle-Accidents/Car-Accidents.shtml">pedestrians</a> were injured over the course of a decade, a number equivalent to a pedestrian being struck by a car or truck every 7 minutes.</p>
<p>In 2009, deaths of vehicle occupants had fallen to the lowest level in 50 years, but the report notes that in many cities, including 15 of the country's largest metro areas, pedestrian fatalities have actually <em>increased</em>. Vehicle occupant deaths have fallen due to concerted campaigns to improve vehicle and highway safety. Pedestrian safety has received little attention and the report argues the pedestrian deaths share a common feature; they occur on "arterial" roadways that were dangerous by design, with no concern for pedestrians, those in wheelchairs or on bicycles. Until Florida addresses these design features, pedestrians will continue to suffer unacceptable consequences.</p>]]>
    </content>
</entry>

<entry>
    <title>Neglecting To Follow Boating Safety Advice Can Have Dire Consequences</title>
    <link rel="alternate" type="text/html" href="http://www.attorneyscully.com/blog/2011/10/neglecting-to-follow-boating-safety-advice-can-have-dire-consequences.shtml" />
    <id>tag:www.attorneyscully.com,2011:/blog//11165.124636</id>

    <published>2011-10-04T13:45:10Z</published>
    <updated>2011-09-08T14:01:09Z</updated>

    <summary>Recreational boating accidents cause the deaths of approximately 700 Americans every year. Many victims fail to follow common boat safety guidelines themselves; some suffer due to the carelessness of others. Being familiar with a few key boating safety tips can...</summary>
    <author>
        <name>Law Offices of Charles R. Scully</name>
        <uri>http://www.attorneyscully.com/mt-bin/mt-cp.cgi?__mode=view&amp;blog_id=11165&amp;id=11569</uri>
    </author>
    
        <category term="Boating Safety" scheme="http://www.sixapart.com/ns/types#category" />
    
    <category term="boatingaccidents" label="boating accidents" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="boatingsafety" label="boating safety" scheme="http://www.sixapart.com/ns/types#tag" />
    
    <content type="html" xml:lang="en-us" xml:base="http://www.attorneyscully.com/blog/">
        <![CDATA[<p>Recreational boating accidents cause the deaths of approximately 700 Americans every year. Many victims fail to follow common boat safety guidelines themselves; some suffer due to the carelessness of others.</p>
<p>Being familiar with a few key boating safety tips can help prevent <a href="http://www.attorneyscully.com/Personal-Injury/Boating-Accidents.shtml">boating accidents</a> and better ensure that everyone is protected on the water.</p>]]>
        <![CDATA[<p><strong>Tips for Florida Boaters</strong></p>
<p>Obviously, for anyone traveling on a boat, it is advantageous to learn how to swim. Enrolling in a boating education course is also hugely beneficial (only 10 percent of boating fatalities occur in vessels piloted by operators with any type of formal training). And, lifejackets should always be worn or at least kept close at hand: Coast Guard reports indicate that in 90 percent of drownings, the victim was not using a personal floatation device (of those who <em>were</em> wearing lifejackets, many were not equipped with devices engineered to keep the head above water after a loss of consciousness).</p>
<p>Paying close attention to the weather is especially important in coastal areas like <a href="http://www.attorneyscully.com/Personal-Injury/Boating-Accidents.shtml">Florida</a> where conditions change rapidly. Monitor forecasts ahead of time, and be wary of darkening clouds or sudden changes in the wind or temperature.</p>
<p>Preparedness in terms of equipment is another essential for boaters, particularly those embarking on long voyages into the Gulf of Mexico or other oceanic waters. Make sure your boat is seaworthy with a pre-departure inspection: check navigation lights, fuel and oil levels, fire extinguishers, basic tools and spare parts. A built-in horn or a portable air horn should be on board for signaling, and, if you truly want peace of mind, bring a VHF marine radio (this relatively cheap, ruggedly reliable means of communication can quickly guide rescuers to your exact location).</p>
<p>Finally, never operate a boat under the influence of alcohol. The effects of alcohol can be multiplied by exposure to sun and wind on a boat; alcohol use is even dangerous for passengers, who may fall overboard. Drunken boaters are not only a hazard to themselves and their passengers, they also increase risk to those in nearby vessels. Figures from the Florida Fish and Wildlife Conservation Commission indicate that almost a third of the state's boating deaths involve alcohol or drug use.</p>
<p><strong>Take a Moment for Boating Safety</strong></p>
<p>Ignoring these safety tips can lead to legal liability, collisions, and even drownings; the stakes could hardly be higher.</p>
<p>So, the next time you take to the water looking for a good time, dedicate a few minutes to fulfilling your safety responsibilities to passengers, other boaters, and yourself.</p>]]>
    </content>
</entry>

<entry>
    <title>Connected Vehicle Safety Pilot Program</title>
    <link rel="alternate" type="text/html" href="http://www.attorneyscully.com/blog/2011/09/connected-vehicle-safety-pilot-program.shtml" />
    <id>tag:www.attorneyscully.com,2011:/blog//11165.124633</id>

    <published>2011-09-13T13:45:59Z</published>
    <updated>2011-09-08T13:49:39Z</updated>

    <summary>Cars that talk to each other may seem the stuff of movies, but they may soon be able to do just that. The U.S. Department of Transportation (DOT) is partnering with the Crash Avoidance Metrics Partnership, a coalition of nine...</summary>
    <author>
        <name>Law Offices of Charles R. Scully</name>
        <uri>http://www.attorneyscully.com/mt-bin/mt-cp.cgi?__mode=view&amp;blog_id=11165&amp;id=11569</uri>
    </author>
    
        <category term="Motor Vehicle Safety " scheme="http://www.sixapart.com/ns/types#category" />
    
    <category term="motorvehicleaccidents" label="motor vehicle accidents" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="motorvehiclesafety" label="motor vehicle safety" scheme="http://www.sixapart.com/ns/types#tag" />
    
    <content type="html" xml:lang="en-us" xml:base="http://www.attorneyscully.com/blog/">
        <![CDATA[<p>Cars that talk to each other may seem the stuff of movies, but they may soon be able to do just that. The U.S. Department of Transportation (DOT) is partnering with the Crash Avoidance Metrics Partnership, a coalition of nine auto manufacturers, to launch the Connected Vehicle Safety Pilot Program. The program utilizes wireless technologies called Dedicated Short Range Communications (DSRC) that allow vehicles to communicate with one another and with the surrounding infrastructure in an effort to reduce <a href="http://www.attorneyscully.com/Motor-Vehicle-Accidents/Car-Accidents.shtml">car accidents</a>.</p>
<p>The program evaluate how real drivers react to vehicle-to-vehicle applications in cars that do things like warn the driver about hazards in intersections, an upcoming red light, other cars breaking suddenly, icy road conditions or simply assist a driver pass another car safely. Researchers want to determine how accepting drivers are of the technology and whether significant driver distractions arise from the warnings the applications give to drivers.</p>]]>
        <![CDATA[<p>The program will tour the country for six months beginning in August 2011, travelling to a different location each month. Researchers will have 100 local drivers test 24 cars equipped with Dedicated Short Range Communications wireless technology in controlled environments. Researchers selected the tests sites in an effort to get a mixture of urban, suburban and rural environments to adequately assess the range of utility of the technology.</p>
<p>After the Driver Acceptance Clinics conclude, the next phase of the program will involve the DOT releasing 2,000-3,000 vehicles equipped with DSRC onto the nation's roads beginning in the fall of 2012 to evaluate how they do in "real world" condtions. The results from both the Driver Acceptance Clinics and the "real world" tests will help the National Highway Traffic Safety Administration (NHTSA) determine whether the technology is advanced enough to warrant eventually requiring manufacturers to equip all new cars with DSRC capabilities.</p>
<p>Advocates of connected vehicle technology maintain that the cars inspire huge potential for reducing auto accidents. A NHTSA study indicates that such technology could possibly eliminate up to 81 percent of motor vehicle accidents not involving <a href="http://www.attorneyscully.com/Motor-Vehicle-Accidents/Drunk-Driving-Accidents-Fatalities.shtml">drunk driving</a> because the technology gives drivers a 360 degree awareness of driving conditions and alerts them to dangers that they normally would not be able to perceive unassisted.</p>
<p>Researchers claim another benefit to connected cars will be smoother traffic flow. Drivers can receive advanced warning of traffic congestion on their intended routes and alter their paths if necessary. Additionally, urban planners will analyze the traffic pattern data that the connected car technology gathers to aid them in making roads less congested.</p>
<p>DSRC technology is still being tested and researchers are not certain how drivers will adapt to it. If things go as researchers hope, however, soon talking cars will not be just a movie phenomenon, but a useful way for drivers to avoid accidents.</p>]]>
    </content>
</entry>

<entry>
    <title>Cuts to Home Health Care Also Spell Trouble for Nursing Home Patients</title>
    <link rel="alternate" type="text/html" href="http://www.attorneyscully.com/blog/2011/08/cuts-to-home-health-care-also-spell-trouble-for-nursing-home-patients.shtml" />
    <id>tag:www.attorneyscully.com,2011:/blog//11165.120374</id>

    <published>2011-08-23T13:45:06Z</published>
    <updated>2011-08-22T15:38:44Z</updated>

    <summary>As state budgets all across the nation are minimized, home health care programs are often among the first services slashed. Home health care can be an easy target: it is not mandatory under federal law, lacks support from major special...</summary>
    <author>
        <name>Law Offices of Charles R. Scully</name>
        <uri>http://www.attorneyscully.com/mt-bin/mt-cp.cgi?__mode=view&amp;blog_id=11165&amp;id=11569</uri>
    </author>
    
        <category term="Nursing Home Abuse and Neglect" scheme="http://www.sixapart.com/ns/types#category" />
    
    <category term="elderabuse" label="elder abuse" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="homecare" label="home care" scheme="http://www.sixapart.com/ns/types#tag" />
    
    <content type="html" xml:lang="en-us" xml:base="http://www.attorneyscully.com/blog/">
        <![CDATA[<p>As state budgets all across the nation are minimized, home health care programs are often among the first services slashed. Home health care can be an easy target: it is not mandatory under federal law, lacks support from major special interest groups and is perceived as rife with fraud.</p>
<p>However, every reduction in home health care spending means more Americans are forced into nursing homes. As nursing homes face overcrowding and <a href="http://www.attorneyscully.com/Nursing-Home-Neglect-Abuse-Injuries/Nurse-Physician-Negligence.shtml">inadequate staffing</a> brought on by budget cuts, the potential for abuse and neglect increases substantially.</p>]]>
        <![CDATA[<p><strong>Pushing Patients into Nursing Homes</strong></p>
<p>Medicaid is a program jointly funded by individual state governments and the federal government which provides medical treatment and care for low income individuals. While Medicaid draws funds from both state and federal coffers, it is administered solely by state authorities.</p>
<p>While states typically must subsidize nursing home services through Medicaid, there is no such requirement for home care. Even though home health care programs are generally cheaper to operate than nursing homes, they involve upfront costs that states have great discretion in supporting or eliminating.</p>
<p>Some nursing homes are already feeling the crunch as more and more patients are admitted who, but for budget constraints, would be receiving care at home; the fastest growing age demographic is actually younger patients between 31 and 64, who now represent some 14 percent of nursing home residents.</p>
<p><strong>Abuse and Neglect Concerns</strong></p>
<p>Although elder abuse is dramatically underreported, as many as 10 percent of older Americans are estimated to have been abused within a care setting.</p>
<p>Research indicates that rates of abuse and neglect increase when overcrowding becomes an issue. Overcrowding means more strain on employees, less effective managerial supervision and an increased number of residents who are at risk for negligent care. Furthermore, lower staff to resident ratios coupled with budget reductions means poorer quality staff training, a factor also correlated with a higher risk of <a href="http://www.attorneyscully.com/Nursing-Home-Neglect-Abuse-Injuries/Nurse-Physician-Negligence.shtml">neglect and abuse</a>.</p>
<p>Seniors and disabled individuals already suffer harm at the hands of caregivers at an unacceptable rate. Unfortunately, due to impending cuts to home health care services, the odds of your loved one suffering nursing home abuse or neglect are unlikely to go anywhere but up.</p>]]>
    </content>
</entry>

<entry>
    <title>Welcome to the St Petersburg Personal Injury Law Blog</title>
    <link rel="alternate" type="text/html" href="http://www.attorneyscully.com/blog/2011/07/welcome-to-the-st-petersburg-criminal-defense-law-blog.shtml" />
    <id>tag:attorneysculley3.firmsitepreview.com,2011:/blog//11165.109753</id>

    <published>2011-07-14T16:14:44Z</published>
    <updated>2011-08-04T18:32:01Z</updated>

    <summary>Every day, the Florida state legislature and judges make hundreds of decisions that impact the way cases are prepared and presented for court. At the Law Offices of Charles R. Scully, we know how important it is to stay current...</summary>
    <author>
        <name>Law Offices of Charles R. Scully</name>
        <uri>http://www.attorneyscully.com/mt-bin/mt-cp.cgi?__mode=view&amp;blog_id=11165&amp;id=11569</uri>
    </author>
    
    
    <content type="html" xml:lang="en-us" xml:base="http://www.attorneyscully.com/blog/">
        <![CDATA[<p>Every day, the Florida state legislature and judges make hundreds of decisions that impact the way cases are prepared and presented for court. At the Law Offices of Charles R. Scully, we know how important it is to stay current with legal issues. We follow the legal stories that will have an impact on the best strategies to use while protecting your rights in personal injury, car accidents, medical malpractice, nursing home abuse and wrongful death claims.</p>
<p>Keeping you informed about the legal process will help you make better decisions about your own injury claim. This Blog page is intended to serve as a forum for discussing case law and relevant court decisions. Periodically, this page will be updated with new information and topics for discussion, so please return often to see the most current post and comments.</p>
<p>Our firm has always emphasized personalized attention and responsiveness to our clients. We are interested in your input, so please send us your comments. Thank you for visiting. For a free consultation with our St. Petersburg personal injury attorney, please call 866-611-4205 or <a title="Contact" href="/Contact.shtml">contact us</a> online.</p>]]>
        
    </content>
</entry>

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