Tampa St. Petersburg Injury Lawyer Blog

New Senate Bill Aims to Reform Florida PIP Coverage

2012-04-30T05:30:25Z

Accident victims in the state of Florida may soon be affected by a recently passed bill that will make drastic changes to the state's current PIP insurance policies.

The Florida State Senate and Governor Rick Scott have made new bill, which reforms Florida's Personal Injury Protection laws, a main administrative priority over the last month. In late March a bill was passed that includes extensive changes to insurance claims.

Personal Injury Protection (PIP) is mandatory for all drivers in the state of Florida. All registered motorists are mandated to purchase a plan to cover medical costs and lost wages, regardless of who is at fault if an accident occurs.

Lawmakers are creating reforms to this seemingly beneficial insurance practice for a few reasons. In recent years, Florida has become #1 on the list for insurance fraud and false claims. Due to the fact that most people involved in an auto accident are fairly certain to receive some kind of settlement from the PIP payout policy, motorists are increasingly taking advantage of the system. Staged accidents and false injury claims have sky-rocketed, making Florida the number one state in the country for staged-accidents. In turn, insurance companies have been faced with hefty payouts, which has increased premiums drastically in the last few years. Tampa Bay and many other South Florida neighborhood drivers are now paying hundreds more dollars for their premiums than just a few years ago.

The National Association of Insurance Commissioners claims that insurance companies in Florida are experiencing a rise in incurred losses. However, those opposed to the bill look at data over the past two decades and counter that insurance companies are really no worse off than they were 10 years ago.

Along with the insurance companies, state lawmakers are now aiming to reform the PIP requirement in hopes of diminishing the numbers of fraudulent cases taking advantage of the system. The bill, passed by the Senate last month, would establish limits on policy coverage, introduce a schedule of maximum charges when a PIP claim is filed, required those reporting injuries to be examined under oath, and require more diagnostics tests to be necessary, among other new changes.

]]> Though the rise in false injury claims has cost insurance companies and in turn, raised premiums across the state, those opposed to the bill passing worry that the new reforms may jeopardize compensation to those victims who are indeed seriously injured. The new law could create difficulty for insured motorists who are in real accidents when they are actually entitled to compensation through their policy.

While reforms on PIP coverage may aid in reducing false claims, it may also introduce new complications for those rightfully entitled to settlement and recovery from their auto accidents. If you or a family member has been in an accident, please contact The Law Offices of John T. Grove and let an experienced attorney guide you through your legal options.

Massive Crash on Florida's I-75 Leads to Fatalities, Protocol Changes

2012-04-25T06:25:21Z

A crash causing 11 deaths that occurred on January 29th, on I-75 south of Gainesville, is now under major speculation and review.

On the night of the collisions, which occurred in the Paynes Prairie section of Alachua County, a foggy and smoky section of the interstate had been closed around midnight due to zero visibility. An accident earlier that night, along with a Paynes Prairie area fire, were reportedly causing a lot of smoke. The Florida Highway Patrol, in agreement with the Alachua County Sheriff's Office, decided the roadway needed to be closed just after midnight. About 3 hours after closing the section in question, the on-duty FHP officer drove the section of I-75 and cleared it for re-opening, claiming the smoke and fog had lifted. Approximately one hour later, a massive crash involving 25 vehicles and 11 fatalities occurred.

U.S. 441, the area's other major and traffic-heavy roadway, was also closed at the time of the accident, due to smoke from the same Paynes Prairie fire. The FDLE assures that they feel the Highway Patrol and other agencies acted in the best interest of aiming to restore a normal traffic flow in these congested areas. However, after Governor Rick Scott ordered review of the tragic incident, the Florida Department of Law Enforcement cited several practices they felt the Florida Highway Patrol should alter in order to prevent such massive casualties from happening again.

The FDLE cited the lack of clarity in the FHP's protocol as one of the contributing factors to the accident. Though discussions of visibility and safety were apparent, there are no specific guidelines in FHP procedure that deems when and how to safely re-open closed roadways under such conditions.

Lack of communication between on-duty officers was also cited as a flaw which contributed to the serious collision. One FHP Sergeant reportedly advised against re-opening the I-75 section, while an FHP trooper communicated the presence of thick smoke in the area, just 20 minutes before the fatal crash. Neither of these warnings were taken into serious consideration, as the road stayed open despite dangerous conditions.

Noting that officers admitted a lack in training on such decision-making procedures, the FDLE stresses the need for more extensive training on such matters and the need for a change in procedure. They also recommend that the amount of signage in accident-prone areas and those with constant dangerous conditions, be re-evaluated and if necessary, increased.

]]> Call the Law Offices of John T. Grove for your free consultation.

Clearwater Beach to Regulate Golf Cart Restrictions

2012-03-15T10:13:50Z

Golf carts and golf cart-type vehicles on Clearwater Beach will soon be confronted with a new set of regulations put into place by city officials on April 15th.

Golf carts, and golf cart-type vehicles, such as surrey bicycles, pedicabs and other low-speed, for-hire vehicles, are a popular means of transportation along the 25 mph street on Clearwater Beach. A common mode of transportation for those visiting the beach, such vehicles are becoming widely available and becoming a booming business. In turn, the city has seen some increase in accidents involving these vehicles, as well as an increase of solicitation from illegal drivers. The City Council is now opting to regulate the vehicles the rapidly developing business, and will soon announce the final restrictions that will be mandated next month.

Under the statute, low-speed, golf cart-type vehicles will be required to have seat belts, and head, stop and tail lights. In addition, their allowed path of travel will be limited only to streets with a speed limit of 35 mph or less. Pedicabs will face restrictions similar to that of bicycles, including having headlights, battery-powered taillights and reflectors. An age limit of at least 16 years old will be placed on renters of surrey bicycles, and those vehicles must only be operated with a single gear.

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The growing popularity of golf cart use in communities like Clearwater and The Villages, Florida have led to an increase in golf-cart related injuries. Our office has handled several of these injury cases and can help you learn your rights, and receive recovery for your injuries and damages. Contact one of our offices, in Pinellas Park or The Villages, to receive a free consultation for your injury claim.

St. Petersburg School Bus Collision Injures One Child

2011-10-30T23:38:12Z

On October 25th, one child was sent to the hospital with injuries after a school bus collided with a car.

On the afternoon of the 25th, a Pinellas County school bus was traveling east on 64th Avenue North, attempting to turn left on Haines Road when it collided with a 2007 Madza traveling north on Haines Road. According to Florida State police, the bus driver did not obey right of way traffic laws and caused the car to strike the side of the bus.

One student on the bus was reportedly taken to All Children's Hospital for evaluation. No one else was reported injured but the bus driver was charged with violation of right of way. The accident remains under investigation.

]]> The Law Office of John T. Grove is dedicated to making sure you get maximum recovery for your losses and injuries after an accident. Let us help you examine your rights and determine liability. Call us today for a free consultation.

Hillsborough Ave crash kills Tampa couple

2011-10-25T20:10:42Z

On Friday afternoon, the driver of a pickup truck caused a five-car collision and the death of two people in Hillsborough county.

At about 3 p.m. on October 21st, the driver of a truck going north on Habana Avenue in Tampa ran a red-light and hit a Dogde minivan that was traveling on Hillsborough Ave.

The driver of the truck, Eric McNeil of Tampa, reportedly lost consciousness while driving, ran a red-light, hit two street signs and crashed into the minivan of Webster and Nancy Farnsworth, of Tampa. The truck then went airborne, landing on a third vehicle with six passengers inside. The Farnsworths were both pronounced dead at the scene, while their 3-year-old granddaughter who was in the vehicle was transported to St. Joseph's Hospital in critical condition.

None of six people in the third vehicle suffered life-threatening injuries. McNeil appeared in good condition according to police but he was taken to the hospital.

Police are invesitgating what caused McNeil's loss of consciousness. Witnesses estimated the truck was going about 70 or 80 mph down the Habana Avenue sidewalk and into Hillsborough Ave.

Hillsborough Avenue was shut down for about three hours during rush hour while officers investigated.

]]> contact our office to schedule a free, confidential consultation to discuss the facts surrounding your accident or personal injury claim.

Two-vehicle fiery crash kills two in St. Pete Beach

2011-09-30T14:12:48Z

On September 30, 2011, two people were killed at the scene of an accident after a two car collision on Gulf Boulevard in St. Pete Beach.

As Pablo Mansilla-Aguinaga, of Tampa, and Sandra Paulson, of Scahumaburg, Ill, were pulling out of the Alden Beach Resort on Gulf Blvd, a speeding SUV struck their small Madza, causing both vehicles to overturn. The SUV ended up on top of a large fountain in front of the resort and quickly caught fire, which witnesses rushed to put out.

The driver of the SUV, Daniel Dolcater, of Gulfport, was clocked at going 69 mph in a 35 mph zone, and was taken to the hospital with serious head injuries.

Dozens of witnesses watch the accident happen, and ran to help the victims in the sedan as well. Attempting to help, a local business owner who had witnessed the entire event, ran to the Sedan, but noted little and no pulse in the two victims just moments after the accident.

An officer with the St. Pete Beach police saw the SUV speeding prior to the crash and attempted to initiate a traffic stop with his motorcycle lights. Other witnesses noted that the SUV was swerving as it approached the hotel.

Police suspected road rage as the reason for speeding, but the case is still being reviewed to determine charges.

]]> Law Offices of John T. Grove advise you of your rights to recovery.

Numerous traffic violation citations ineffective in preventing Florida crashes

2011-09-28T16:04:10Z

On October 30, 2010, Matthew Moye of Riverview was speeding and driving drunk when he hit and killed two pedestrians on Harbor Island Bridge in Tampa.

Prior to the fatal crash, Moye had received numerous citations, obtaining 10 speeding tickets in 12 years. However, many of the previous citations left no points on his Florida driver's license simply because Moye had the option, and agreed, to return to driving school.

It is not uncommon in Florida for drivers to keep their licenses by opting to partake in driver improvement courses approved by the State. Research is now showing that these courses are not proving to be strongly effective in aiding to reduce the amount of crashes in the state.

The Insurance Institute for Highway Safety demerits the myth that highway safety education is going to solve a lot of problems, explaining that license suspension and revocation were the most effective ways to reduce both crashes and violations, according to a 2004 study.

Considering that to get points on a driving record in Florida, drivers have to admit guilt or be found guilty of a moving violation, some Safety advocates are arguing that the State makes it too easy for those with bad driving records to stay on the road.

According to the Florida Department of Highway Safety and Motor Vehicles, there were more than 2 million noncriminal moving violations in 2009, but nearly two-thirds of the time, no conviction was made after ticketing. Further, drivers were only found to be guilty in 6 percent of the cases. Thirty percent of the cases involved a defendant admitting guilt by paying civil penalty, and the rest of the cases were dismissed, or had adjudication withheld.

As Deputy Larry McKinnon of the Hillsborough County Sheriff's Office explains, unless a driver is adjudicated, they will never obtain the status of a habitual offender. Adjudication withheld, he suggests, is a way to escape the point system.

Safety researcher and member of the Automobile Club of Southern California Steven Bloch agrees, suggesting that adjudication withheld is ruining the validity of hazardous drivers' records.

]]> Prior to the crash on Harbor Island last October, Moye had received 19 traffic violations in several different states, but about half had been dismissed or adjudication was withheld. Despite his lengthy citation record, Florida law mandates that to get a 30-day suspension, a driver must have received 12 points in one year. Therefore, even if Moye had been convicted in every instance, he still would have been a legal driver at the time of the Harbor Island crash, where he was noted going 89 mph on a 30 mph bridge, with a blood alcohol level of .13 %. Only then, was Moye banned from driving, as a condition of bail set by a judge. The case is still pending.

The Law Offices of John T. Grove handles auto accidents everyday and sees first-hand the damaging physical, emotional and financial effects accidents can cause. Contact our office today for a FREE consultation and let us advise you of your rights.

Yellow Turn Arrows to be Added to Tampa Bay Traffic Signals

2011-08-31T20:31:57Z

Traffic signals at some of the most congested intersections around the Tampa Bay area will soon be upgraded to include flashing yellow arrows.

Over the next few months, the state will be putting forth effort to reduce accidents, maintain a normal traffic flow, and reduce the consumption of gas. They are doing so by means of installing at least 75 new traffic signals at high traffic intersections around the state.

The first installation in the state was in Palm Harbor in 2009 and in a matter of weeks Hillsborough County, among others, will follow suit. By the end of summer flashing yellow lights will be along Belcher Road at Alderman and other Tampa roads as well. As traffic signals become due for replacement, or as intersections undergo construction, new yellow arrows are being added too, where appropriate. Engineers based their location choices on such factors as pedestrian numbers and the volume of traffic at each intersection.

Pinellas County's traffic signal operations manager explained the importance of the new light, explaining it's goal was to provide additional safety to drivers in these high congested areas.

Florida is not the only state looking for ways to provide additional safety and improve traffic flow on it's roads. The Federal Highway Administration relates that there are more than 35 states that have already implemented the use of these lights at at least 1,000 intersections. That number is still growing.

Some drivers may not think this change is neccessary, but it is a small change that could help clarify things quickly for drivers, so that there may be no question of right-of-way. The highway administration explains that even if a driver has a green light, if they are making a left-hand turn, that light does not give them the right of way against oncoming traffic. This is often misinterpreted by motorists. The goal is that the flashing yellow will automatically signal drivers that they have to yield first to oncoming vehicles and pedestrians, and then they can turn left. In the event a motorist doesn't understand the purpose of the light, the state has planned to install signs next to each new light to further clarify.

]]> Though one of the goals of the new lights is to see a reduction in the number of accidents, it is still too early to measure their effectiveness. Reportedly no accidents have occured since the installed of the yellow arrow lights at Belcher and Nebraska.

While the state is making a strong effort to protect Florida motorists, accidents are inenvitable, especially at these high traffic intersections that many drivers frequent daily. The Law Offices of John T. Grove handles auto accident cases every day. Let us advise you of your rights and get the recovery you deserve for your injuries and damages.

Kenneth City Bicyclist Struck and Killed by Car

2011-08-29T20:32:55Z

On August 25, a Kenneth City woman was struck and killed by a car while riding her bicycle on 66th Street, according to Pinellas County Sheriff's Office.

Just after 3 p.m., 86-year old Bettie Deetz was riding her bike through the intersection of 49th Avenue and 66th Street, when a van turned left onto 66th street, blocking Deetz' view of oncoming traffic, including a 1991 Camry driven by a Pinellas Park man. After the van turned, the Camry then struck Deetz.

It was reported that Deetz was not in a crosswalk at the time of the accident, and she was taken to Bayfront Medical Center, where she was later pronounced dead. Deputies said there were no crossing signs at the site of the accident and no citations were issued.

]]> traffic laws for bicyclists and most people involved in bicyclist/motorist accidents do not know their rights. These cases can involve not only the car insurance of the driver, but auto insurance of the bicyclist as well. The Law Offices of John T. Grove can inform you of your rights. If you have been in an auto or bicycle accident call us today for your free consultation and let us advise you of your rights to settlement.

Critical Injuries a Result of Wesley Chapel Motorcycle-Car Accident

2011-07-27T18:23:03Z

On the afternoon of July 19, a Wesley Chapel motorcyclist sustained injuries after being hit by a sedan on Old Pasco Road.

At 3:20pm, William Wolden of Wesley Chapel was traveling northbound on Old Pasco Rd, north of Country Club road, when he slowed to a stop to wait to turn left into a driveway. According to Florida Highway Patrol, it was then that the driver of a Chrysler sedan, Tina Thompson of Dade City, rear-ended Wolden's 2008 Yamaha motorcycle.

Wolden was immediately airlifted to St. Joseph's Hospital in Tampa for treatment of critical injuries. Thompson reportedly suffered minor injuries and no charges were announced.

]]> Collisions involving motorcycles happen every day and our office has seen the grueling damages that can result out of such crashes. In 2008, the Insurance Information Institute reported that in an accident, motorcyclists held 39 times the risk (per vehicle mile traveled) of being killed than did passengers in a car, and they were 8 times more likely to be injured.

Unfortunately, many Florida drivers do not elect to carry liability or Uninsured/Undersinsured Motorist coverage since the state does not mandate that drivers carry this kind of coverage. Since motorcyclists are at a higher risk of sustaining injuries while driving, The Law Office of John T. Grove strongly recommends motorcyclists (and automobile drivers alike) obtain these coverages to protect themselves. If you were in an accident, or have questions regarding your current insurance coverages, please do not hesitate to call our office.

Resident of The Villages Killed in Golf Cart Accident

2011-07-20T13:00:00Z

A June 16th accident between a golf-cart and a Jeep killed an elderly resident of The Villages retirement community in Sumter County, Florida.

The resident, Homer Vachon, was riding in a golf cart driven by his wife, when they collided head-on with a Jeep Wrangler. According to Florida Highway Patrol, the collision happened after the golf-cart entered a traffic circle traveling the wrong way. Both Vachon and his wife were thrown from the cart upon impact and sent to Orlando Regional Medical Center. Florida Highway Patrol reported that Vachon, who was in his late 70s, passed on June 19th from injuries sustained in the crash. At that time, his wife was stated to be in stable condition.

A native of Rochester, New Hampshire, Vachon was the son of prominent figure Emma Ramsey, for whom the town office was named. After his mother's death, Vahon took over running her store, Tri Echo Center, which is considered a gathering point for a lot of people in town. He had been a resident of The Villages since fall 2010.

]]> Golf carts are becoming a usual and popular means of transportation for the Florida retirement community, but the increasing number of carts on the roads are leading to an increasing number of golf cart-related injuries and deaths as well.

With an office in The Villages, Florida, Attorney John Grove often handles golf cart accident cases. Call 352-350-7055 to let our office help you with your golf cart injury claim.

Hillsborough County Ranks Highest in Staged Auto Accidents

2011-07-18T15:55:20Z

State authorities are now launching a crackdown on insurance fraud due to a rapidly growing number of staged auto accidents in the state of Florida over the past year.

Many Florida residents may have seen their car insurance bills rise in recent years and light is now being shed on the crime of staging auto accidents. According to the Insurance Information Institute, in 2010, Florida drivers spent an extra $49 each to cover the cost of these staged accidents.

While personal injury protection on insurance policies was started for the right reason, to protect accident victims, Florida is one of 12 states with a no-fault law. That means that those involved could receive up to $10,000 in settlement for medical costs, no matter who caused the accident. In turn, Florida drivers are now paying more than they should for automobile insurance coverage because automobile insurers are paying unknowingly on false claims.

Local law enforcement agents have been reviewing information on staged crashes and found an alarming number of people trying to rip off the system. In some cases, people alleged that they had been involved in several crashes a year, though an average driver only has one accident every ten years, according to Allstate. In other cases, perpetrators can work together, purposely boxing in another car and causing an accident with an innocent and unsuspecting driver. Also a growing trend being seen is people packing into a crashed car after an accident and then reporting false injury claims.

According to the National Insurance Crime Bureau, Florida is second in the nation in questionable insurance claims, and among Florida cities, Tampa leads at number one, with Miami and Orlando ranking second and third, respectively.

The growing number of scammers are starting to face more opposition in recent months, as fraud investigators, the insurance industry and politicians work to expose them. On July 1st, a new state law was put into place to fight insurance fraud, stating that those convicted could face civil penalties in addition to criminal charges. Arrests for personal injury protection fraud are also up about 55% from the same period last year, according to the state Department of Financial Services.

]]> The crackdown on fraud is further being fueled by an Anti-Fraud Reward program, started by the state Department of Financial Services, which is offering incentives of up to $25,000 to residents that can offer information that leads directly to a conviction in a staged crash insurance scheme. The Department is urging anyone with information about a possible insurance fraud, to call 1-800-378-0445.

If you are involved in an auto accident and you are unsure of your insurance rights, our office can advise you of rights and serve as a liason to your and the other party's insurance companies. Call the Law Offices of John T. Grove for a FREE consultation today!

Brandon Worker Hit and Killed on I-75

2011-06-15T21:25:29Z

On Tuesday morning, construction worker Robert Armstrong, 19, was hit and killed by the driver of a pickup truck on Interstate 75 near State Road 60.

Florida Highway Patrol stated that the 21-year old driver, Logan Feagle, somehow lost control of his vehicle, swerved, and hit and killed Armstrong, who was removing a speed limit sign at the time. All southbound lanes of the highway were closed as investigators came to the scene.

According to Sgt. Gaskins of the FHP, it remains under investigation what caused Feagle to swerve, and if there were any other vehicles involved. It is also not yet known if drugs or alcohol were factors in the accident. Feagle's blood sample was taken but according to investigators, it could be a month or more before the results are known.

A recent graduate of Brandon High School, Armstrong leaves behind his fiance and infant daughter.

]]> The Law Offices of John T. Grove sees pedestrian/vehicle accidents regularly. Our condolences go out to Mr. Armstrong's family.

If you or a family member has been involved in such an accident, you may have rights to a settlement. Contact our office for a free consultation today.

Pinellas County, Florida Judge Discharges Hulk Hogan's Lawsuit Against Wells Fargo

2011-06-06T23:20:23Z

A Pinellas County Judge recently dismissed famed wrestler Hulk Hogan's lawsuit against Wells Fargo.

In 2010, Hogan (real name Terry Bollea) filed a suit against the insurance broker after his son Nick Bollea's 2007 car accident in Clearwater, Florida, which left one passenger severely injured. Bollea alleged that Wells Fargo Southeast failed to make him aware of an additional excess/umbrella policy to cover his assets, therefore leaving him uninsured at the time of his son's accident.

Despite Bollea adding ex-wife and business partner Linda to the lawsuit, deeming her responsible as well, Wells Fargo countered that they tried to inform Bollea's ex-wife about the policy and considered the suit without merit.

After his son's 2007 accident, Bollea signed for this son's license, in turn making himself liable and the suit concluded that his insurance remained inadequate.

]]> The suit was dismissed and Bollea was forced to pay an undisclosed amount, largely out-of-pocket, to settle the claims against him.

It is extremely important to understand the coverage on your policy so that you can protect yourself in case of an auto accident. The Law Offices of John T. Grove can help you to understand and communicate with your insurance company.

Frequent Pedestrian Deaths Trigger Clearwater Police to Take Action

2009-12-22T20:08:16Z

The climbing number of pedestrian deaths recently has triggered Clearwater Police to launch a campaign for safety.

Yesterday, December 21, through today, police will be watching the busiest streets, conducting a special safety detail, through which they hope to prevent and lower the rising amount of pedestrian deaths.

Since research shows that most pedestrian deaths occur when people attempt to cross outside of crosswalks, the police department will be keeping an eye out for jaywalkers in particular, along with anyone seemingly attempting to interrupt safe traffic flow.

Tickets will be issued to those individuals at a fine of $62.00 each, though the police are stressing the main reason they are patroling is to encourage safety on the roads.

]]> advise you of your rights and fight for the recovery of your losses.