Michael V. Barszcz, M.D., J.D.
May 20th, 2013
May is National Bike Month, according to the League of American Bicyclists. Traveling by bicycle can be a fun recreational activity and good for your health. Though there are many benefits to biking, we still live in a motor vehicle-oriented nation. You should take some precautions to protect yourself and avoid a car accident while travelling by bicycle.
Although the list below is not legal advice, here are some tips from the League and other bike sources for how to avoid a car or pedestrian accident:
- Stay visible, with neon clothing and reflectors, and with lights when it’s dark
- Stay away from the busiest streets if possible
- Follow laws, including yielding rights-of-way, stopping at stop signs and obeying traffic signals
- Make your intentions to turn or change lanes clear to motorists
- Bike defensively, and don’t expect drivers to know you are there or to know your intentions
- Stay off the sidewalks and stick to bike lanes in the street or to designated bike paths
- If safe, provide room for a door to unexpectedly open when travelling beside parked cars
In Orlando and across the state, more and more miles of bike lanes and bike paths are being created every year. As more people enjoy the benefits of biking, take some time to adopt the above safety habits and avoid the accident injures that can occur in collisions between bikes and cars.
If you or a loved one has been injured in a bicycle, pedestrian or car accident, please contact the Law Offices of Michael Barszcz, M.D., J.D., to schedule a free consultation with an experienced Orlando accident lawyer.
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May 14th, 2013
The National Transportation Safety Board has made a recommendation that all 50 states in the US drop the legal blood alcohol content limit from .08 to .05, which the NTSB says will save as many as 1,000 lives every year by reducing drunk driving accidents. Currently, all 50 states have a BAC limit of .08. With a BAC of .08, a driver can be arrested and possibly convicted of drunk driving.
The NTSB does not have any legislative or regulatory power. Instead, the agency advocates for policy and law changes, and is suggesting this BAC change to states.
About 10,000 people are killed and another 170,000 injured each year in drunk driving accidents. The NTSB believes dropping the BAC limit could reduce these numbers. Whether you are another driver, a pedestrian or a cyclist, you can be injured by a drunk driver despite your own responsible behavior. These car accident injuries can be devastating and are likely to lead to:
- Medical bills
- Lost wages
- Pain and suffering
If you have been injured in a drunk driving accident that was not your fault, you deserve compensation for your injuries.
If you or a loved one has been injured in an auto accident that was not your fault, please contact the Law Offices of Michael Barszcz, M.D., J.D., to schedule a free consultation with our experienced Orlando accident attorney.
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April 30th, 2013
The US Department of Transportation has released voluntary guidelines that recommend ways for automakers to limit driver distractions built into their vehicles and prevent car accidents caused by these distractions.
Today’s vehicles have built-in electronic devices that can be a source of driver distraction. Such devices include navigation systems, as well as entertainment and communication devices.
Among these guidelines is a recommendation that any device require only two seconds or less of visual distraction at a time, or 12 seconds total. So, whatever the device, it should only require you to take your eyes off the road for a maximum of 2 seconds at a time and 12 seconds altogether.
The guidelines also suggest that certain features and sources of distraction work only when the vehicle is stopped and put in park. These features could include:
- Manual text messaging and internet browsing
- Video-based operations, such as video conferencing
- Display of some types of text, such as text messages and social media
Consumers who purchase new vehicles today want these built-in electronics, but these voluntary guidelines attempt to balance this consumer demand with safety.
If you have been injured in a car accident anywhere in Central Florida, please contact the Law Offices of Michael Barszcz, M.D., J.D., to schedule a free consultation with an experienced Orlando accident lawyer.
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April 15th, 2013
Robotic surgical systems were used in 367,000 surgeries in 2012, triple the number of four years before, according to CBS News. A rising number of adverse event reports associated with the robot has caught the attention of the FDA, which is gathering information from surgeons regarding surgical errors associated with the robot.
This robotic surgical system is called da Vinci. Surgeons control the robot from a computer. The robot arms can prevent surgeon fatigue and eliminate human problems like shaky hands. But the increase in adverse events may mean the robot requires further evaluation before it is used as the new standard of performing surgeries, which could lead to medical malpractice if it’s used unnecessarily and causes injury.
Procedures commonly performed by the surgical robot include:
- Prostate removal
- Hysterectomy
- Gallbladder removal
- Bariatric surgery
- Kidney and other organ transplants
According to CBS, adverse event reports filed over the past year or so indicate five deaths occurred during robotic surgery. The question is whether these are wrongful deaths that occurred because the robot was used unnecessarily, or if the deaths would have occurred anyway, as an unavoidable risk of surgery.
If you or a loved one has suffered an injury because of medical negligence, please contact the Law Offices of Michael Barszcz, M.D., J.D., to schedule a free consultation with experienced Orlando medical malpractice lawyer Michael Barszcz.
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April 9th, 2013
At any given moment during daylight hours in the US, there are about 660,000 people either using cell phones or otherwise using an electronic device while driving, one of the common causes of car accidents. That statistic comes from the National Highway Traffic Safety Administration’s April 2013 issue of Safety 1n Num3ers.
According to the report:
- 1 in 2 drivers answer calls
- 1 in 4 drivers make calls
- 3 in 5 young drivers answer calls
- 1 in 3 young drivers make calls
With about 5 percent of drivers using an electronic device at any moment in the day while driving, serious safety issues arise. Texting while driving distracts a driver manually, visually and cognitively by taking his or her hands off the wheel, and eyes and mind off the road.
According to Safety 1n Num3ers, most drivers think that distracted driving is risky, but only when other people do it. Many drivers don’t seem to recognize how common driver distractions interfere with their own ability to drive.
When drivers choose to make a call, text or use an electronic device, a serious car accident can result.
To schedule a free consultation with an experienced car accident lawyer in Orlando, Florida, please contact the Law Offices of Michael Barszcz, M.D., J.D.
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March 26th, 2013
Although Spring Break is over for most schools, there are still a number of universities across the country who will be taking their spring vacation this week, and even into the first week of April, with students visiting Panama City Beach, Daytona Beach and other ocean-side destinations.
A tragic car accident last week claimed the lives of two spring breakers on their way home from Florida to Ohio. A 21-year-old driver and her three friends were in the car. The driver drifted into the oncoming lane of traffic and she overcorrected, which caused the car to rotate into the path of a pickup truck. The driver and front-seat passenger died.
Whether you are on a long road trip to Florida this spring break or your driving is limited to a few square miles, please consider these tips for preventing car accidents and the injuries and fatalities they can cause:
- Minimize driver distractions however you can. Turn the radio off if you need to and focus on the road instead of the conversation if you need to.
- Don’t allow anyone traveling with you to consume alcohol in your car.
- Make sure you and your passengers are wearing your seatbelts any time you’re in the car.
- Obey the speed limit and all other traffic laws.
- Remain alert for pedestrians crossing the roads in congested areas.
Although it may feel awkward asking for limited distractions while you are driving with friends, you may be able to save lives and prevent serious injuries that can result from car accidents.
To speak to an experienced Orlando accident attorney about the details of your car accident injuries, please contact the Law Offices of Michael Barszcz, M.D., J.D., to schedule a free consultation.
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March 15th, 2013
Based on 2011 statistics, someone is killed in a DUI-related car accident about once every hour. With the St. Patrick’s Day weekend ahead of us, the National Highway Traffic Safety Administration urges you to not drive drunk and to never let friends drive drunk.
According to the NHTSA, in 2011, 34 percent of auto accident fatalities on St. Patrick’s Day were linked to drunk driving.
All of the attorneys and staff at the Law Offices of Michael Barszcz want you to have a fantastic, fun and safe St. Patrick’s Day weekend at the parades, festivals, pubs and restaurants across Central Florida this weekend. You can avoid drunk driving auto accidents by simply planning ahead. Instead of driving after drinking, take one of these alternatives:
- Designate a sober driver well in advance
- Call a cab
- Call a sober friend or family member
- Take the LYNX bus in Orange, Seminole or Osceola County
- Don’t get in a car with a driver you suspect is intoxicated
If your plans fall apart, just stay where you are until you can find safe transportation. Don’t drive drunk. You could cause fatal or catastrophic injuries to yourself and other drivers if you get in one of these preventable auto accidents.
If you are a sober driver, make sure you and your passengers wear a seat belt, which can prevent fatal injuries if you are involved in an accident with a drunk driver.
To find out what to do after getting injured in an auto accident in Orlando, Florida that was not your fault, please contact the Law Offices of Michael Barszcz, M.D., J.D., to schedule a free consultation.
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March 6th, 2013
Diagnosis errors are the most common type of medical malpractice claim brought against US radiologists, according to Oncology Nurse Advisor. Oftentimes, the diagnostic error is in regard to breast cancer. This finding comes from an article published in Radiology.
Using data from more than 8,400 radiologists across 47 states, researchers were looking for common causes of medical malpractice lawsuits against these health professionals. Here is what they found:
- 31 percent of the radiologists had at least one malpractice claim made against them in their career.
- The cause of medical malpractice claims could be determined in about 84 percent of the cases.
- Diagnostic errors were the most common cause of medical malpractice lawsuits against radiologists.
The researchers conclude it seems to be a failure to correctly interpret tests that led to the diagnosis error.
As someone facing something as devastating and critical as a potential breast cancer diagnosis, you rely on the expertise, training and knowledge of the doctors who use imaging techniques to diagnose the disease. Radiologists provide cancer diagnoses every day, enabling their patients to get the treatment they need to delay or eliminate the terminal stages of disease.
While most radiologists provide timely, accurate interpretations of medical imaging, sometimes they fail to diagnose cancer, which means you can’t receive the timely care you need.
If you were misdiagnosed or received a late diagnosis, please contact the Law Offices of Michael Barszcz, M.D., J.D., to schedule a free consultation with our experienced Orlando medical malpractice lawyer.
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February 26th, 2013
This past Sunday night, a woman jogging in Osceola County was tragically hit and killed in a pedestrian accident involving a motor vehicle, according to the Orlando Sentinel. It was late at night, about 9:45, when the accident occurred.
Apparently the driver has said he was unable to see the woman because she was in dark clothes.
When involved in an accident with a car, pedestrians can suffer tragic injuries, including:
With busy schedules, many people turn to the late evening hours for exercise. If you jog, run or walk along roadways or on sidewalks at night, please consider the following safety measures to avoid catastrophic injuries:
- Wear brightly colored, reflective clothing. Do not wear black, gray or other dark colors.
- Don’t use your headphones. It’s important to remain alert to the sounds of approaching vehicles, which you may be able to hear before you see.
- Wear a headlamp. If you’re on a poorly lit street, a headlamp can illuminate your path and make you more visible to drivers.
By making yourself more visible and alert, you can prevent getting involved in an accident with a motorist.
If you have suffered a serious injury because of someone else’s negligence in an accident, you deserve compensation. Please contact the Law Offices of Michael Barszcz, M.D., J.D., to schedule a free consultation with our experienced Orlando injury attorney.
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February 21st, 2013
Car accidents between motorists and people on bicycles are not uncommon in Orlando. Cyclists have a right to travel in the roadways unless otherwise posted, which means accidents with cars can happen.
Given the potential problems caused by a bicycle and car traveling side by side, tempers often flare between cyclists and motorists. When accidents occur, each of these parties is usually quick to blame the other, although either one may be at fault for the accident.
In the latest issue of the Safety Report, an article titled “Driving Each Other Crazy” lists some of the ways either party can be at fault. Common cyclist errors leading to a car accident include:
- Running red lights
- Running stop signs
- Listening to headphones
- Failing to signal a lane change or turn
- Weaving between cars
A motorist can also be at fault for common causes of accidents or in cases of:
- A right hook: The motorist accelerates past the cyclist and then suddenly turns right in front of the cyclist.
- The left cross: Traveling in opposite directions, the motorist suddenly turns left in front of the cyclist.
- Traveling too closely: A motorist passes aggressively and unsafely close to the cyclist.
Whether you are a cyclist or a motorist, experienced accident attorney Michael Barszcz can help you pursue compensation from the responsible person who caused the accident and your resulting injuries.
If you have been injured in a car accident caused by someone else in Orlando, Winter Park or elsewhere in Florida, please contact the Law Offices of Michael Barszcz, M.D., J.D., to schedule a free consultation.
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