Blog Archives | Yaeger Law

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Bicycle Accident

I am now a statistic – another cyclist injured in Pinellas County. Florida has the highest per capita cyclist’s death rate in the nation according to NHTSA.(1) (2)(3)(4) A report from the Wall Street Journal indicated that Pinellas County was the most dangerous county for cyclists. It has the highest death rate of any metro region in the United States. Thankfully, I am here to write about my bicycle accident.

It was a beautiful, clear Sunday morning in April. I was elated to be outside riding my bike after being quarantined. It was refreshing to feel the fresh air and warm sun as I rode in South Saint Petersburg to downtown and back home. As we rode in the bike lane, the black truck pulling a landscape trailer that should have stopped at the stop sign giving us the right-of-way did not. At that moment, all things changed.

Police. Ambulance. Driver leaving the scene. Emergency room visit during a pandemic. Told repeatedly your helmet saved your life. Bruised. Battered. Concussed. Left to Recover. Another statistic. Grateful.

After months of recovery, I was back on my bike cycling cautiously. I am looking forward to being back to full strength and completing the century ride I planed for 2020.

Each day I appreciate that I am a statistic that can share the story of my bicycle accident.

Check out my suggestions and steps to take with your Bicycle Accident here.

If you have a story about you being a statistic feel free to share in the comments below. If you are looking for legal advice for you or a loved one after your accident, please feel free to contract us.

MORE RIDERS MEANS REMEMBERING THE RULES OF THE ROAD

During quarantine, bicycle shops have seen an uptick in sales. It is not surprising since people want to get out and exercise. There is nothing better than riding your bicycle on a beautiful day. The fresh air is invigorating and the road beneath the tires gives you a sense of freedom. With a large number of new bicycles on the road, it is important to remember the rules of the road while riding.

BICYCLES ARE THE SAME AS CARS

– Bicycles are considered vehicles, just like cars and trucks, and have the same rights and responsibilities.

GO WITH THE TRAFFIC FLOW

– Ride on the right in the same direction as other vehicles.

OBEY ALL TRAFFIC LAWS

– Riders must obey the same traffic laws as drivers of other vehicles. Follow all traffic signals and signs.

STAY ALERT

– Watch and listen for traffic and other dangerous obstacles.

BE SEEN

– Wear clothes that are visible – bright colors – even during the day. At night, make sure you have a white headlight and a red rear light.

LOOK & SIGNAL BEFORE TURNING

– Watch for all traffic when turning right or left. Be sure to communicate and signal before making the turn.

Here is a chart from the NHTSA to help with learning them if you don’t already know.

Hand Signals

ACT RESPECTABLY

– Be considerate of others using the road or trail. Give an audible signal before passing.

Food Drive

Thank you so much for everyone who was able to help with the Food Drive!!! We had donations from Yaeger Law, its employees, family, friends, neighbors and complete strangers. It was particularly special receiving deliveries from Walmart addressed to the food drive (we have no idea who donated them). It was a huge success! When the St. Petersburg Free Clinic came to pick the donation up, they were impressed with the amount of donations. Each one WILL make a DIFFERENCE!

If you would still like to donate but were not able to be part of the drive, please contact us to find out more information.

As the COVID-19 situation continues to develop, the team at Yaeger Law is committed to doing what is needed to ensure the health and safety of our staff, our clients, our co-counsel, our friends and our families. We remain dedicated to providing you the best client experience during this uncertain time. Fortunately, Yaeger Law has an established infrastructure for virtual and remote work. With our innovative case management system and commitment to using leading-edge technology, we are ready and prepared. We are open and equipped to support you – we are hard at work.

As a patient you have specific medical record rights. The rights granted to patients by law differ in each state. However, generally a federal law called the Health Insurance Portability and Accountability Act (HIPAA) grants patients the following right to: (1) review, (2) obtain, and (3) amend their medical records.

Obtaining Your Medical Records
In most states, the request to obtain your medical records must be in writing and be accompanied by an authorization signed by the patient. Typically, a doctor or hospital must provide the records to the patient or requesting party within a reasonable time. In some states a reasonable time is defined as 15 or 30 days. If the records are not provided timely, then a complaint can usually be made to the state medical board.

Further, in most states, doctors and hospitals are not allowed to charge unreasonable rates to copy a patient’s medical records. As the patient, your medical records belong to you.

In every case there are legal hurdles that must be overcome. In some defective medical device cases, like Essure or InFuse Bone Graft, the legal hurdles are higher. That does not mean they cannot be overcome, we just have to fight harder.

The main legal hurdle people injured by specific defective medical devices must leap over is the legal defense of preemption. Typically, the medical device manufacturers use this defense to focus the litigation on whether an injured person has the right to pursue a claim against the manufacturer. Their strategy is to dismiss cases under the legal theory of preemption. Briefly, the theory is based on the fact that a medical device, like Essure or InFuse, received premarket approval (“PMA”) by the FDA, which is claimed to be a more rigorous approval process. Thus, a medical device can be said to be FDA approved. John Oliver does a great job explaining the difference between an FDA approved medical device and a FDA cleared medical device.

In 2008, the Supreme Court ruled in Riegel v. Medtronic that some tort claims for defective medical devices are preempted by federal law if the device received PMA, meaning some cases cannot be litigated. As a result of Riegel, this left people injured by a FDA approved medical device without recourse or a remedy.

Manufacturers of defective medical devices try capitalize on Riegel and use it to escape accountability. We fight hard to hold them accountable and overcome the preemption hurdle. While it is challenging, it is not impossible. Yaeger Law is up to the challenge.