Tampa St. Petersburg Injury Lawyer Blog

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. 

Continue reading "Hillsborough Ave crash kills Tampa couple" »

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.

Continue reading "Two-vehicle fiery crash kills two in St. Pete Beach" »

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.

Continue reading "Numerous traffic violation citations ineffective in preventing Florida crashes" »

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.

Continue reading "Yellow Turn Arrows to be Added to Tampa Bay Traffic Signals" »

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.

Continue reading "Hillsborough County Ranks Highest in Staged Auto Accidents" »

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.

Continue reading "Brandon Worker Hit and Killed on I-75" »

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.

Continue reading "Frequent Pedestrian Deaths Trigger Clearwater Police to Take Action" »

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 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" »

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" »

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.

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.