Tampa St. Petersburg Injury Lawyer Blog

A Pinellas Park High School student was killed December 18, while trying to catch the bus to school.

Nora Hernandez-Huapilla, 17, was at the intersection of 66th St and 70th Avenue with a class mate, when they saw their bus pull up across the street. Attempting to catch the bus, they ran across the intersection and the girl was hit. 

The driver who hit Hernandez-Huapilla was said to be heading northbound, and had a green-light.  Investigators said is was dark and rainy at the time of the accident, but they don't think speed was an issue. Hernandez-Huapilla was taken to Bayfront Medical Center where she was later pronounced dead.

Some are pointing fingers at Pinellas County School District, who has had to relocate several stops lately, as the arterial bus stops have been presenting safety issues and raising controversy recently.

Although Julie Janssen, Pinellas County School Superintendent, states parents are responsible, "...when they choose to allow their children to go to a school thats not their zoned school," others want more changes in the stops.

A family member of Hernandez-Huapilla suggested the family had made several complaints about the safety of the bus stop.  Pinellas County School Superintendent Michael Bessett confirmed the family had called once in October and claimed the district was handling the request accordingly. 

Continue reading "Pinellas Park Teen Killed at Bus Stop" »

In the early morning of November 30, a woman hit and then saved the life of a pedestrian she hit in Clearwater.

Patricia Syraski, a respiratory therapist, was on her way to work at Tampa General Hospital at about 6 am when she hit a pedestrian crossing Gulf to Bay Blvd. She described that he was walking in the darkness and not in a crosswalk. Syraski immediately pulled over and said the man was not breathing when she got to him. After flagging down another motorist, who called 911, she was able to perform CPR and revive the man, with the aid of a doctor who stopped to help.

The pedestrian was then taken to a hospital via helicopter when paramedics arrived. The accident shut down Gulf to Bay traffic in both directions for a short time. Clearwater police did not expect there to be any charges.

Continue reading "Driver Hits, Saves the Life of Clearwater Pedestrian" »

On November 20, a car driven by a Tampa resident hit and killed a St. Petersburg bicyclist.

Stephen Caputo of St. Petersburg was riding his Schwinn beach cruiser at Belcher Rd and 118th Avenue in Pinellas Park around 5 a.m., when William Colwell of Tampa, driving a Chrysler, struck Caputo's bike from behind. The victim reportedly hit the car's windshield and was then thrown into the road.

According to police, Colwell stopped after the incident, but then a second vehicle also struck the victim's bike, and kept driving. Caputo, who was said to not be wearing a helmet but was wearing a reflective vest, died at the scene.

The bike did have a small rear light, and a flashlight was taped to the handlebars, but authorities weren't sure if the lights had been working at the time of the accident.

While police investigated, the southbound lanes surrounding the scene of the accident were closed for several hours. Traffic charges are still pending, as Colwell claimed he did not see the bicyclist.

Continue reading "St. Petersburg Bicyclist Dies in Pinellas Park Accident" »

On November 23, 2009, somewhere between 200 and 300 students at the University of Tampa gathered at a candlelight vigil in a campus courtyard to mourn the death of their classmate, Erik Nicoletti, who was tragically killed in a hit and run accident over the weekend.

Nicoletti, the 20-year old junior at UT, was walking with several friends to the Metro Food Mart across from campus on Saturday night at about 1:15am. As they crossed W. Kennedy Blvd just west of North Blvd heading back to campus, a motorist hit and killed Nicoletti, and injured one of his friends who was visiting from out of town.

Nicolletti was taken off life support on Monday afternoon. His family was reportedly encouraged and overwhelmed at the support of the student body and of the Tampa community, as well as glad that an arrest was made. The other victim, Nicoletti's friend, Cree Alisha Riley, 19, likely has a long road to recovery. Visiting Nicoletti from out of town, she suffered a broken jaw, hip and legs.

The driver of the vehicle, Andres Trujillo, 27, fled the scene, but officers from the Hillsborough County Sheriff's Office found the vehicle, abandoned ,shortly after the accident. Trujillo turned himself into authorities Sunday evening. Police records indicate past charges against Trujillo included disorderly intoxication, robbery, and imprisonment for attacking an officer. Charges against the driver, originally for leaving the scene of an accident involving serious injury, are anticipated to be upgraded to leaving the scene of a crash involving death.

Continue reading "Hit-and-Run Crash Kills University of Tampa Student" »

In the early morning hours of October 21, 2009, a Hillsborough County firefighter riding her motorcycle was involved in a collision with a pickup truck.

The firefighter, driving her Harley-Davidson collided with a Tarpon Springs man in a Chevy pickup after she drove the wrong way in the eastbound lanes of S. Village Drive. While the driver of the pickup was not injured, the firefighter, Patti Valero of Brandon, was said to be in critical condition and was taken to St. Joseph's Hospital. The collision is still under investigation and no one has been cited yet.

The Law Offices of John T. Grove handles motorcycle collisions frequently and knows the harsh emotional, physical, and financial damages victims often experience.  Call Attorney John T. Grove for your FREE consultation today.

John Earl Beebe was riding his motorcycle in Dunedin, Florida on September 30th, when he was struck and killed by an SUV.

The driver of the Chevrolet Trailblazer was pulling out of the post office driveway on County Road 1 when she collided with Beebe, on his 1986 Harley Davidson motorcycle. Although he was wearing his helmet, Beebe was taken to Mease Dunedin Hospital where he died later that afternoon.

No injuries or citations to the driver of the Trailblazer have been reported, but details of the fatal collision are still under investigation.

The Law Offices of John T. Grove handles motorcycle accidents every day and has seen first-hand the financial and physical damages such collisions can cause. Contact the Law Offices of John T. Grove today.

Being a warm-weather state, Florida already has a higher number of motorcycle riders than most states, and therefore a higher number of collisions.  Now, it seems that the failing economy has led to a trend in buying motorcycles as a primary means of transportation.  While they used to be considered luxuries for most, people are now purchasing motorcycles simply because they can not afford a car and the expenses that go along with it.  Despite the sagging economy, managers at local dealerships suggest that sales are indeed still holding their own. Motorcycles can be purchased for even less than a used car, they get signficantly better gas mileage, and riders are not required to have insurance in the state of Florida.

For those struggling financially, motorcycles may seem like a wise choice...but at what cost? In 2007, when neither he nor his mother could afford a car, a 17-year old Ridgewood High senior saved up and got a used motorcycle for $1,300. His ride turned fatal in November of that year when his motorcycle collided with a car on U.S. 19. 

Trend experts suggest that the affordability of the bikes has fused a statewide surge in motorcycle injuries and deaths.  With the number of registered motorcyclists up to 582,740 in 2006, compared to 339,488 in 2002, the number of fatalities is also on the rise. In 2002, Florida repealed its Helmet Law for bikers, so that currently the law is only enforcing that riders under the age of 21 need to wear a helmet, and riders over the age of 21 who choose to ride without a helmet now must carry insurance for $10,000 in medical payments coverage, in the event that they are involved in an accident.  And, according to the National Highway Traffic and Safety Administration, it seems that they continue to be involved in those accidents, as over 40 percent of motorcyclists that are killed in collisions were not wearing helmets.

While contributing factors like youth, inexperience and speed are usually thought to be the cause of crashes with motorcycles, law enforcement officials suggest there is really an equal amount of collisions caused by careless drivers, or those who didn't see the motorcyclists. However, in Florida, those in motorcycle accidents are six times more likely to die than automobile drivers. The battle of placing blame between car drivers and motorcyclists is not likely to end anytime soon, but the reality, as stated by Sgt. Jim Bordner, spokesman for the Pinellas County Sheriff's Office, is "the roadways are only as safe as the worst driver."  (http://www.sptimes.com/) 

Continue reading "Affordability May Be To Blame For Rise in Florida Motorcycle Deaths" »

The increasing number of reckless drivers in Pinellas Park, Florida has developed into a huge problem for the city, according to Pinellas Park police. Aggressive drivers, particularly those whose driving creates a great risk for their fellow motorists, are the target of a new battle being launched by police.

Sgt. Tracy Schofield, the special operations supervisor, was recently a victim of an aggressive driver himself. Schofield believes the rise of aggressive drivers can be contributed to the country's economic status and the extra financial and personal stressors people are experiencing. (TBNWeekly.com) Police are especially looking for drivers who run red lights, tailgate, change lanes aggressively and those who speed. In the most recent effort of traffic enforcement,108 citations were made for speeding, DUIs and other violations. Police are even turning to unexpected and unconventional ways to stop violators and cut down on reckless driving, by using more unmarked cars, and even disguising officers.

Many of these aggressive drivers are thought to be 25 years old and younger, however the number of middle aged and senior violators are on the rise as well.  Younger drivers are more likely to drive high performance vehicles. Wednesday and Saturday nights have been deemed the most dangerous nights on the roads in Pinellas Park and the surrounding areas, as several local establishments sponsor weekly motorcycle and car events on those evenings.

Motorcyclists are also more inclined to break driving laws than motorists, according to Schofield. A common ticket for motorcyclists has been for doing "wheelies" on city streets, but the cyclists are starting to find ways around the ticket. Some mount their plates on hinges, so if spotted by the police they can flip up their plates and speed away from police, with the knowledge that most police agencies have "no chase" policies. While "wheelies" for some may seem harmless and fun, there are some serious consequences.  Even if it's the first time a motorcyclist has been ticketed for a wheelie, they can face a fine that's over $1,000.00. If that weren't enough to defer cyclists, second offenders' fines can be up to $2,500.00 and third time offenders not only may pay a substantial fine, but become felons and may face up to a year in jail.

Since there is no specific law which governs "aggressive driving", motorists engaging in risky road behavior are actually ticketed for other violations, such as speeding or tailgating. What many drivers may not be aware of however, is that the officer can use his or her discretion to check an "aggressive driving" box on a summons, which in turn gives the judge a clue to impose a higher fine on the driver or require them to take an aggressive driving course.

Continue reading "Pinellas Park Police Cracking Down on Aggressive Drivers" »

A 2008 study performed by Allstate Insurance Company ranked Tampa as having the highest national teenage fatality crash rate, based on teen population. Orlando and Jackonsville ranked in at third and fourth, respectively.

In addition to revealing these high-fatality areas, the study claimed that males are involved in more fatal crashes than females, at a ratio of 2.33 to 1. Statistics also show that car accidents are the number one killer of teenagers.

While modern technology has been beneficial to the car manufacturing industry, providing safer cars that are more focused on driver and passenger safety, rather than keeping the car intact, (as was common in the past) many people are pointing fingers at the development of devices that can be of distraction while driving. Cell phones, texting, DVD players and TVs in cars are now added to the list of possible hazardous distractions, in addition to other concerns such as playing with the radio, eating, and distracting passengers.

This alarming study, along with several others, has prompted insurance companies to take action to protect their teenage drivers. Companies are now implementing educational and outreach programs for teen drivers. Programs like State Farm's "Steer Clear" provide financial incentives for teens after they complete booklets and interviews, covering topics such as mileage, driving tips and safety questions. Some State Farm agents even provide the option of meeting with new teen drivers and their parents for a one-on-one session about the dangers of the road, and what safety precautions teen drivers should take.

While laws have passed in many states, such as California, New Jersey and New York prohibiting activities such as texting and talking on cell phones while driving, Florida has not yet put such precautionary measures in place.

These disturbing statistics shed a harsh and realistic light on the dangers of the road for inexperienced drivers.  It is important for new drivers not only to take safety precautions, but also to know their rights in case an accident should happen. The Law Offices of John T. Grove handles auto accidents throughout the state of Florida and can assist you and answer any questions you might have regarding traffic regulations and your rights in an auto accident.   

The "worst" drivers in the state will soon be sent back to school. A new state law, signed last month by Gov. Charlie Christ will mandate that motorists that have received three crash-related violations in a three-year period must take a behind-the-wheel driver education course, as well as pass a driver's test. The new law will take effect January 1st, 2010.

The motive behind the crackdown? Electra Bustle, executive director of the state highway safety agency, explains that the drivers being targeted demonstrate not only a repeated tendency to crash, but also the tendency to be at-fault. Bustle continued that to even change one person's behavior in order to avoid a crash would be a success. (The Miami Herald). Officials are hopeful that the new law will provide drivers with an incentive to drive more carefully. In addition, it has been suggested that it will aid in keeping insurance rates down. 

Currently, officials suggest that there are more than 3,200 drivers in the state who fit in the most dangerous category. Luckily for them, safety officials will begin counting violations on January 1st, so previous citations will not be considered. The current law only requires a four-hour refresher course for drivers with two crash-involved citations, which can be taken on the internet and does not involve behind the wheel training that the new law will include.

Statistics show that of those 3,200 drivers, most are likely to be white men, aged 40 or younger. While many may believe the Florida stereotype that the elderly are the most dangerous drivers, in actuality, only 7 percent are over 65 and more than a third are under age 25.

Not surprisingly, the most populous county, Miami-Dade held the largest number of dangerous drivers in 2008. Not far behind, Pinellas and Hillsborough Counties rank third and fourth, respectively.

Continue reading "Florida's Repeat At-Fault Drivers Sent Back to Driving School" »

Golf cart travel is becoming an increasingly popular means of transportation, particularly for short trips in subdivisions, in retirement communities and among those who are not yet of legal driving age. While carts are commonly viewed as little more than toys, a recent study, performed by the University of Alabama and published in the Journal of Trauma: Injury, Infection, and Critical Care, reveals a much different take on golf carts.

The research, triggered by doctors at the University of Alabama at Birmingham after treating several serious golf cart related accidents, studied emergency room databases from 2002 to 2005. Results suggest that during that time span, about 48,000 golf cart accidents took place nationwide, injuring roughly 1,000 Americans a month. Research also revealed that an estimated 50% of the accidents happened on the golf course, while the other half generally occurred at homes, on streets and other public property. Young males between the ages of 10 and 19, as well as men 80 and up, were found to have the highest injury rates in these accidents. For those accidents on the golf course, it is speculated that alcohol often plays a primary factor in the cause of collisions.

Some credit the lack of a requirement for safety equipment, such as windshields, signaling lights and mirrors, as the cause of many of these accidents, especially when traveling on public streets. Although they can be modified to exceed regular speeds, most golf carts are only designed with top speeds of 15 mph, solely with golf course travel in mind. Complaints have been made that the very little federal regulation and minimal requirements by states has also fed into the climbing injury rates. Most states do not have an age requirement to drive a golf cart, nor do they mandate the necessity of a license or safety equipment in order to operate a cart.

The regulations vary greatly by state. Operating any unlicensed vehicle, including golf carts, is illegal in Alabama, for instance. Florida law states that carts can be used on streets, but only after they are modified to operate at a top speed of 20 to 25 mph. While they can still be banned, many communities and subdivisions are creating specified areas for golf cart travel, some of which do come with limitations and regulations.

In general, who is driving and where they are driving seem to be the top culprits in golf cart injuries. The researchers suggest careful monitoring of any children or minors operating the carts, as well as mandatory safety regulations.

 
As a golf cart injury attorney, I have seen the adverse effects of these accidents upon clients. In communities like The Villages, Florida, where our new office is located, golf cart travel is becoming both extremely popular and extremely dangerous. The experience of The Law Offices of John T. Grove can advise you and help you achieve recovery for your golf cart accident injuries.

On Wednesday May 6th, Governor Charlie Crist signed a law that will allow police to stop and ticket drivers if they are not wearing a safety belt.

Up until this signing, police could only cite a driver for not wearing a seat belt after they had been pulled over for another violation. Some may question why it took so long for Florida to enable this law. Reportedly, this enforcement was refused for almost two decades due to the fears of some lawmakers that such legislation would cause an increase in racial profiling. Florida is now the 27th state to put laws for primary enforcement of seat belts into action.

The Dori Slosberg and Katie Marchetti Safety Belt Law (SB 344), is named in memory of two young women: Slosberg, who was killed in an auto accident 13 years ago, and Marchetti, also killed in an accident near Tampa three years ago, neither of whom were wearing seat belts.

At the signing ceremony, Gov. Crist reportedly stated that "the most important function of government is to protect.....legislation like this will do just that" (The Miami Herald). It was estimated by the National Highway Safety Administration that this law will prevent about 142 fatalities per year in the state of Florida. The primary enforcement of safety belts will also be beneficial in that it is expected to bring in millions of dollars in federal funds for statewide transportation projects, along with saving millions more in health costs related to accidents.

The Law Office of John T. Grove handles automobiles accidents throughout central Florida. Not only do safety belts save lives but they also reduce the chance of serious injury in an accident. Not wearing a seatbelt can not only increase your chance of injury, but also will reduce the amount of your insurance claim.

Being a warm-weather state, it makes sense that more people are riding bikes in Florida, for pleasure and as a means of transportation. Not only are more people riding, but people are able to ride year-round.

According to the National Highway Traffic Safety Administration (NHTSA), the Sunshine State riders are at risk, as Florida was recently named the number-one deadliest state in the nation for bicyclists. In 2007, Florida even topped similar warm-weather state California, having 119 bicyclist deaths compared to California's 109; as well as surpassed the traffic-heavy New York, who only had 51 deaths that year.

Some may suggest that the high number of deaths is simply due to the fact that people are able to cycle year-round in Florida, which is not possible in many other states. However, cycling advocates are saying there are other contributing factors. There is not only a growing number of cars on our roads, but also an evident lack of bicycle lanes and paths next to these busy roads.

City and state officials are trying to influence this trend for the better. In the past few years, the state has adopted guidelines which suggest that the new major roads and reconstruction projects be altered to include lanes for bicyclists. In Hillsborough County, both the Sheriff's Office and the Tampa Police give seminars on bicycle safety for kids, and give away helmets to children.

Despite efforts, bicycle-auto accidents are still very prevalent in the community. As recently as April 10, 2009, a Riverview man who was biking was struck from behind by a car and killed. The hit and run accident occurred on U.S. 301 south of Riverview Court.

Alan Snel, who is a local biking enthusiast and the director of eight local retail bicycle stores, insisted to the Tampa Tribune, (TBO.com) that we need to make a change in our "car culture" to educate the biking and driving communities and come to an understanding that they are sharing the roads.

At the Law Office of John T. Grove we handle accidents involving cyclists and motor vehicles. These cases involve not only the car insurance for the driver, but also the auto insurance for the cyclist. It is important to know your rights. If you have been injured in a bicycle accident, call us today for a free consultation to discuss your insurance coverage.

There were four local teens killed in an accident on 86^th Avenue North in Seminole, FL late in the evening on April 10. The Florida Highway Patrol reported that the car the teens were in swiped another vehicle, spun, and slammed into a large pine tree along 86^th Avenue North.

Four boys, ages 15 to 17, were killed in the accident, leaving 17 year old Corey Kenneth LaPore as the only survivor. Investigators are not yet ruling out excessive speeding as the cause of the crash.

Although schools were on Spring Break that week, on the Saturday morning following the accident, hundreds of students met at Seminole High School, where three of the four boys attended school. They gathered to mourn the loss of their friends and classmates. A representative from the school stated that grief counselors would be available and that the school intended to help and support the families of the victims.

Our sincere condolences go out to the family and friends of these young men. This accident was certainly a shock to our community and devastating to those close to them. The accident brings to the forefront the dangers associated everyday with motor vehicles.

In a recent Florida pedestrian accident, a seizure was reportedly the cause of a driver veering onto the sidewalk in Seminole, FL Tuesday night, killing one teenage pedestrian and severely injuring another.

On March 10, Pedestrian Zachary Baker, 19, was declared dead at the scene of the accident, near Seminole Mall, after Kyle J. Figler suffered a seizure while driving, and his vehicle continued onto the sidewalk. The other pedestrian struck by the vehicle, Jendi Leigh Schroeder, 19, suffered serious injuries and was transferred to a hospital.

According to Figler's stepfather, the driver had no previous history of seizures. Doctors treated Figler for only minor injuries and were examining the cause of the sudden seizure.

Every day in Florida, pedestrians are the victims of accidents with automobile, truck or motorcycles. The injury sustained by these individuals is often serious causing hospitalization or even death. Many clients call our office when they have been involved in such an accident. Generally, their first question is "what insurance coverage is applicable to this accident?" Many are surprised to learn that their own PIP coverage on their own or parents automobile will pay toward their medical expenses.

Florida PIP (Personal Injury Protection) benefits provide up to $10,000 of medical bill coverage, lost wage coverage or up to $5,000 death benefit. This is No-Fault insurance here in Florida. It does not matter who was driving and who was at fault.