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I see the tents popping up all around town to sell fireworks.  Are you planning to buy some?  Fireworks are synonymous with our celebration of Independence Day and I fondly remember being a child and the thrill of setting off sparklers and bottle rockets. Yet, the thrill of fireworks can also bring injury and pain.  On average, 230 people go the emergency room every day with fireworks related injuries in the month around the July 4th holiday.

I am always surprised at how powerful the fireworks that my neighbors shoot off each year are.  Manufacturers, and those that sell their products, have a responsibility to meet certain standards of health and safety, to include proper instructions and warnings on a product, and to remove potentially dangerous products from the market.  If a person is injured due to a defective product or inadequate warnings, they may make a claim against the manufacturer or those in the chain of distribution of the fireworks.

When people carelessly use fireworks or don’t follow the instructions, innocent people may pay the price. When this happens, the injured party has the right to file a claim for damages against those that injure them.  Many times homeowner’s insurance will cover such claims.  It takes an experienced, knowledgeable attorney to successfully pursue justice in such cases.

Have you or a loved one been injured as a result of defective fireworks, inadequate warnings or someone’s negligent use of fireworks? It is important that you contact legal counsel as soon as possible.  The preservation of evidence needed to prove your claim is of utmost importance and may be lost or destroyed if not preserved immediately.

We wish all a happy and festive Independence Day and remember to stay safe out there.

YOUR #accident/injuryattorney Marianne

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Getting ready for that long-awaited road trip to a great vacation?  Along with finding that perfect bathing suit and downloading the perfect playlist, you should also be preparing your car for the trip.  Tires are an important part of your car’s safety and tire blowout season begins in the middle of May and runs through early October.  The reason for this is simple.  It is during this time frame that the temperatures outside are the hottest and motorists are taking longer road trips in heavily loaded vehicles.  It is this combination that can push a damaged or neglected tire past its breaking point.  Even if you have been lucky enough to avoid tire problems, you have likely seen “road gators” (treads of blown out tires) littering the highways throughout this time frame.  Though blowouts are most common during these months, they can happen any time of year, especially in warmer climates like Florida.

The NHTSA estimates that 8,000+ car accidents every year can be attributed to tire blowouts.

These are the most common causes of tire blowouts, and how you can prevent them according to Virginia Tire Service in Arizona:

  1. This is the number one tire killer and something so easy to remedy. Air is what allows the tire to carry the weight of your vehicle and all of its cargo. The internal parts of the tire:  fabric, rubber, composites and steel flex beyond their limits when the tire is improperly inflated. They will weaken, over-flex and eventually fail, which results in a blowout.  The recommended tire pressure for your vehicle can be found in your owner’s manual or on the driver’s side door jamb.  Most vehicles manufactured in 2007 and newer are equipped with a Tire Pressure Monitoring System (TPMS), however, you shouldn’t rely solely on the system. The system issues an alert only when a tire is significantly underinflated.  Regardless of what your TPMS says, you should check your tire pressure at least once a month, maybe twice from May through October.
  2. Worn tires.  The heat of the roads in the summer will easily rip away at the remaining tread resulting in a blown tire. Today’s tires almost always have a wear bar built into the grooves.  If the wear bar is even with the tread of your tires, they need to be replaced.  Another way to tell is the penny test.  Basically, you place a penny head down between the tread.  If you can see the top of Lincoln’s head, then the tread is dangerously low and you need a new tire.
  3. Too much weight. Overloading your vehicle and applying too much weight to the tires can also critically damage them.  When hauling a heavy load, you may need to reconsider the number of passengers along for the ride or if you need to carry a lot of passengers you may need to limit the amount of cargo you bring on board.  You can find your vehicle’s Gross Vehicular Weight Rating in the same places as the recommended tire pressure.  The maximum recommended weight your tires can carry is based on tires that are properly inflated.  If they are underinflated, the number would drop significantly.
  4. Potholes and other road hazards. Slamming into a pothole, driveway lip or other road hazards are another way to injure your tire leaving it prone to a blowout.  These impacts can pinch the internals of the tire between the wheel and the object.  If the impact is hard enough, it can even fray or cut the tires internals.  Sometimes, the damage is immediately apparent and other times, it could take days, weeks, or even months for the damage to become apparent.  Which leads us to the next potential cause of a blowout.
  5. Slow death. It is not uncommon for a tire to suffer damage that causes its demise long before it fails.  Often motorists neglect to check their tire pressure or fail to realize they have a slow leak.  When summer vacation comes along they will load their family into the car and head off for a fun-filled vacation.  The combination of the heavy vehicle load, the high summer temperature and highway speeds add stress to the already failing tire and it blows. Monthly or bimonthly tire checks can prevent such a situation.

When a vehicle has a defective tire, this may significantly compromise a driver’s ability to maneuver the vehicle.  This may lead to a single-vehicle or multi-vehicle collision that leaves drivers, passengers and even nearby pedestrians or bicyclists seriously injured.  Should this happen to you, make sure that you call an experienced dangerous and defective products attorney to help you get compensated for your medical bills, lost wages and ruined vacation.

And as always, stay safe out there friends!

YOUR #accidentattorney Marianne

 

 

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Did you know that one person is injured or killed in a truck accident every 16 minutes? 

The United States Department of Transportation estimates that over 500,000 truck accidents occur every year. More than 75% of truck driving accidents are due to the driver of the passenger vehicle.

Did you know that typically the injuries to the victims are severe and often fatal?

Large trucks account for only about 3% of auto accidents, yet because of their sheer size and weight, a semi-truck or 18-wheeler can cause incredible damage to the other vehicles involved and their passengers.

Do you know what to do if you are injured in an accident involving a commercial truck?

Seek medical help immediately, make sure everything is documented, make sure that law enforcement has responded to the accident and made a report.  Never take any calls from insurance companies without consulting with an attorney that specializes in trucking accident collisions first.  Often these accidents are the result of trucking safety or driving law violations. State and federal regulations often come into play in a truck collision. Truck accident cases can be complicated because the truck, trailer and contents can be owned by different companies and operated by yet other independent companies. For this reason, it’s imperative that you work with a Florida truck accident attorney who is skilled in this area of litigation.

Do you know what to do if someone loses their life in a trucking accident?

Once again, it is important that you speak with a skilled truck accident attorney.  There are many processes that the families of the deceased must go through and it can be very overwhelming given the grief and stress they are already enduring.  Having the right attorney and her staff helping them through the process can provide a lot of relief at that time.

Did you know that Marianne Howanitz is a nationally recognized truck accident attorney?

I am always available to answer any other questions or concerns you might have about a truck accident. And, as always, there is no charge to you at any time until or unless a settlement is reached.  You may reach me at 352-512-0444 or through my website: www.ocalaaccidentlaw.com.

Did you know this fun fact?

The world’s most solitary tree is located at an oasis in the Tenere Desert in Central Africa. There’s not one other standing tree within 31 miles. In 1960, it was smashed into by a truck.

As always, stay safe out there friends!

YOUR #truckaccidentattorney, Marianne

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Summer time and the driving is easy! Getting ready for a road trip this summer?  Check out these timely tips to keep you and your family safe on the road to paradise.

  1. Get your car serviced.

Regular maintenance such as tune-ups, oil changes, battery checks, and tire rotations go a long way toward preventing breakdowns. If your vehicle has not been serviced according to the manufacturer’s recommendations, schedule a preventive maintenance checkup with your mechanic right away.

  1. Check your tires and replace your wiper blades.

Before a road trip, most people fill up the tank, gather snacks and make sure the kids are set up with movies and games. What about your tires? Even if not prompted by a warning light or unusual sounds, always double check your tires’ air pressure and tread depth before an extended trip, as healthy tires improve gas mileage and save money at the pump.

  1. Keep your eyes on the road.

One of the easiest ways to avoid accidents, wrong turns or other highway mishaps is to stay focused. Cell phones are most often responsible for distracted driving, one-third (33 percent) of Americans regularly take phone calls while on the road, and one in 10 drivers (11 percent) admit to texting while driving. To help put this risk into perspective, the National Highway Traffic Safety Administration reports texting while driving on the highway is equivalent to driving blindfolded for the length of an entire football field.

  1. Observe speed limits – driving too fast or too slow can increase your chance of being in a collision.

That being said, also, never drive too fast for conditions or overdrive your headlights.

 

  1. Make frequent stops. During long trips, rotate drivers. If you’re too tired to drive, stop and get some rest.

Most experts agree that you shouldn’t drive more than 2 hours without stopping for a break.  Also, be aware of any medications that you may be taking, such as antihistamines, that may be impairing your ability to stay alert.

  1. Be respectful of other motorists and follow the rules of the road.

Leave plenty of room between yourself and other cars.  Be especially careful around semi-trucks, don’t cut in front of them too closely as they require much more room to slow down or stop than cars do.

  1. Who ya gonna call?

Even the most prepared and proactive drivers can end up on the side of the road because of unforeseen driving events. Whether it’s a flat tire, dead battery or overheated engine, have a backup plan for a roadside service such as AAA.

By following these quick tips and guidelines to safety, you can go full steam ahead to wherever your destination this summer may be! And should you or someone you know be injured in an accident, remember me-YOUR #accidentattorney.

Marianne Howanitz

 

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Every car accident claim needs a strong foundation of evidence to establish fault for the crash and show the extent of the damages you or your loved one suffered.
Even though you may be the innocent victim of someone else’s negligence, when it comes to your day in court, YOU have the burden of proving who’s at fault and what your damages are.  The at-fault driver or owner of the car does not have a duty to preserve evidence for you to present your case.

Physical evidence from the accident comes in many forms. First is pictures and video, which have become increasingly easier to gather thanks to camera phones. You or someone at the scene should take photos of the area, any damaged property, the vehicles involved, and your injuries. Also see if there are any nearby buildings with outside surveillance cameras that may have captured the crash.

So…what do you do?  If you or a loved one is injured due to the negligence of another, you need to make sure you get an attorney that will aggressively investigate your claim and lock in all of the evidence at the get go.  That’s our “lock and load” stage.  Whether it’s visiting accident scenes, junk yards, inspecting vehicles, obtaining surveillance videos or tracking down witnesses and getting their statements, we are on it.  Don’t hesitate to call me immediately from the accident scene.  I want to be there when you need me most.  When it comes down to it, you want an attorney that’s not afraid to get “down and dirty” for you!

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I know that I am looking forward to a great vacation with my family this summer, are you?  Even when we don’t go anywhere there are lots of things to do in my neck of the woods here in Ocala, FL.  Or, lots of ways to get injured, if you look at it with my world view as an accident and injury attorney!

In the past we have represented clients with injuries from the following accidents over the summer:

  • Personal watercraft, jet-ski, and water ski accidents.
  • Boating and cruise ship accidents.
  • Scuba diving and parasailing accidents.
  • Swimming pool and spa drowning accidents and slip and fall accidents.
  • Hotels escalator and elevator accidents and slip and fall accidents.
  • Injuries due to violence caused by negligent security or inadequate security.
  • Acts of crime leading to injuries including sexual assaults and assault and battery.
  • Rented vehicle crashes, car accidents, bus and public transportation accidents.
  • Amusement park, theme park ride and attraction equipment failure or maintenance accidents.
  • Negligent hiring and employee training.

Business owners, hotel owners, rental companies, and theme parks owners who cater to vacationers have a responsibility to do more than just open their doors for business. They must provide reasonably safe premises, protection from dangers, and adequate warnings about hazards. Rental equipment and machinery must function properly.

These types of accidents really require a good personal injury attorney to make sure that you recover your health, finances and life back again.  And remember, call one quickly, as evidence is likely to “disappear” while you deal with your injuries!

YOUR #accidentandinjury attorney Marianne

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June is Post Traumatic Stress Disorder Awareness Month.  Most people don’t associate PTSD with vehicle collisions, but it is something that I see all the time. Todd Buckley, PhD, on the website U.S. Department of Veteran’s Affairs, says that researchers are looking more closely at motor vehicle accidents (MVAs) as a common cause of traumatic stress. In one large study, accidents were shown to be the traumatic event most frequently experienced by males (25%) and the second most frequent traumatic event experienced by females (13%) in the United States. Over 100 billion dollars are spent every year to take care of the damage caused by auto accidents. Survivors of MVAs often also experience emotional distress as a result of such accidents. Mental health difficulties such as posttraumatic stress, depression, and anxiety are problems survivors of severe MVAs may exhibit.

How many people experience serious motor vehicle accidents?

One unfortunate consequence of the high volume of commuter and personal travel in the US is the number of accidents that result in personal injury and fatalities. In any given year, approximately 1% of the US population will be injured in motor vehicle accidents. Thus, MVAs account for over three million injuries annually and are one of the most common traumas individuals experience.

How many people develop MVA-related PTSD and other psychological reactions?

Studies of the general population have found that approximately 9% of MVA survivors develop PTSD. Rates are significantly higher in samples of MVA survivors who seek mental-health treatment. Studies show that between 14% and 100% of MVA survivors who seek mental-health treatment have PTSD, with an average of 60% across studies. In addition, between 3% and 53% of MVA survivors who seek treatment and have PTSD also have a mood disorder such as Major Depression. Finally, in one large study of MVA survivors who sought treatment, 27% had an anxiety disorder in addition to their PTSD, and 15% reported a phobia of driving.

When do you seek help?

You should seek medical advice if your symptoms:

Are worrying you.

Are preventing you from doing your normal activities.

Have lasted longer than three months after the accident.

Are causing your friends and/or relatives to be worried about you.

If your symptoms don’t ease after 3 months, or if your symptoms are severe enough to stop you living your normal life, then you have may an anxiety disorder, such as post-traumatic stress disorder.

I hope this will help those of you out there who are suffering after a collision.  Please remember that we are always available to listen to you should you feel the need.

 

What You Need to Know When a Dog Bite Leaves You Scarred in More Ways Than One (1)

Negligence on the part of the owner often plays a role in a dog bite or animal attack. Savage Stallion is not just a great name for a rock band! Laws vary by county, so if you, or someone you know, have been bitten or attacked, it’s important to seek legal advice right away to help determine liability and negligence and seek damages, if appropriate. And of course, if there is an injury, seek immediate medical attention!
Stay safe out there friends!
YOUR #accidentattorney Marianne

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Listen to any morning traffic report or talk to any friend and you know — car accidents happen all the time. And everyone’s got their own story. So how do you separate fact from fiction?

Here are five of the most persistent car accident myths compiled by Christopher Coble, and why they’re they are just plain wrong.

If You’re Not Hurt Right Away, You Can’t Sue for Injuries Later.

Some injuries, especially those like whiplash, can take weeks or months to develop noticeable symptoms. As long as you’re within your state’s statute of limitations, you can file an injury claim. Even if you don’t feel hurt, you should probably seek medical attention immediately, just to be safe.

The Other Driver and I Can Work It Out.

One of the biggest mistakes after a car accident is admitting fault. And this can happen easily, even by mistake, if you’re negotiating on your own with the other driver. While a minor fender bender may only require the exchange of insurance information, anything more serious may require legal assistance.

The Police Will Determine Whose Fault It Was.

If your car accident involves significant damage or any injury, you should call the police so they can write an accident report. And while this report may come in handy in court later, the police don’t ultimately decide blame for an accident. It’s possible that insurance companies, lawyers, and the courts could battle over liability, so you should supplement any police report with your own notes, pictures, evidence, and recollections.

Your Insurance Company Will Handle Everything.

While insurance is a great, and a legally required thing to have, your policy may not cover everything, and the company may not be eager to pay out what is covered. You should review any offer your insurance company makes and be especially wary of talking to the other driver’s insurance company or attorneys.

I Don’t Need an Attorney to File My Injury Claim.

It’s possible a minor accident won’t necessitate the advice of an attorney, but if there’s any dispute regarding who was at fault, the damages, or enforcing payment, you might want a good lawyer on your side. This is true even if you’re planning on settling your claim out of court.

Hopefully you’ll never find yourself involved in a serious car accident. But if you have been, you may want to consult an attorney regarding your options.

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A black box. Also known as event data recorder it is traditionally associated with airplane accidents because it helps the investigators to determine what went wrong. But the technology is no longer limited to aircrafts. In fact, you most likely have a black box beneath your seat or behind the dashboard in your car. Almost all new cars are already equipped with one of these small devices and if you drive a car that is not older from 5 years, you most likely have one yourself. If you are not sure whether your car is equipped with a car black box or not, you can check the owner manual. The data from the car black box is a reliable record of the driver’s actions few seconds before the accident and is an important piece of evidence when there are no witnesses of the accident or/and the drivers are blaming each other for causing the collision. It records various data depending from one car to another, most often the speed, turning, braking, accelerating, decelerating, etc. about five seconds before the collision. However, those five seconds are usually enough to get the necessary information about the events that led to the accident. Even more, the data from the car black box has been also used as evidence in the courts and had a major influence on the outcome of the trial.

It is vitally important to contact an experienced Personal Injury Attorney as soon as possible after your accident in order to preserve as much evidence as possible.