According to Bay News 9, in Moore Haven, Florida six men in a van were killed when a tractor trailer went barreling through a stop sign around 6:30 in the morning and struck the van's right side. Two of the six occupants in the van were ejected from the vehicle, and all were pronounced dead at the scene. The driver of the tractor-trailer was taken to the hospital with few minor injuries.

18 Wheeler trucks are more likely to be involved in fatal multi-vehicle accidents than passenger vehicles. When they collide with a passenger vehicle, the occupants of the smaller passenger vehicles are more likely to suffer injury or death because of the size difference between the two colliding vehicles.

Every 16 minutes, a person is killed or sustains injuries in accidents involving tractor-trailers, semi-trucks, and 18 wheelers.

We, at Distasio Law Firm, are familiar with auto accidents, and express a great deal of sympathy for those who lost a loved one in the unfortunate accident early Monday morning.

Scott Distasio
Tampa Personal Injury Lawyer

DISTASIO LAW FIRM
HELPING INJURED PEOPLE
888-595-0022

Tampa auto accident attorney

John Daniel Shuman was hurt when he crashed his motorcycle into the back of a car driven by Raymond Lacombe. According to tbo.com, Lacombe stopped his car at a crosswalk in Redington Beach Florida at the intersection of Gulf Boulevard and 157th avenue to allow pedestrians to cross. According to Pinellas County Sheriff deputies, Sherman was airlifted to Bayfront Medical Center with life-threatening injuries.

In Florida, the law requires you to maintain control of your vehicle at all times. A driver that rear ends another vehicle is presumed to have negligently failed to control his or her vehicle. In this case, the law would presume the motorcycle driver was negligent in failing stop before rear ending the car.

The presumption of negligence can be overcome by producing evidence that the vehicle that was rear ended was responsible for the accident. For example, the presumption of negligence might be overcome if a pedestrian had not been in the street and the automobile stopped suddenly for no apparent reason in a place that one would not ordinarily expect a vehicle to stop.

Scott Distasio
Tampa Personal Injury Lawyer

DISTASIO LAW FIRM
HELPING INJURED PEOPLE
888-595-0022

Tampa Motorcycle accident Attorney

U.S. 92 in Dover, Hillsborough county was shut down on the morning of September 25, 2008 due to a motorcycle accident. According to TBO.com, the crash happened when the motorcycle left the road on U.S. 92 west of Moores Lake Road. The motorcycle left the road for unknown reasons, hit a ditch and struck a chain link fence according to Sgt Steve Gaskins, a Florida Highway patrol spokesman. The driver was airlifted to Tampa General Hospital in serious condition and the passenger died at the scene.

Scott Distasio
Tampa Personal Injury Lawyer

DISTASIO LAW FIRM
HELPING INJURED PEOPLE
888-595-0022

Tampa motorcycle accident lawyer

The local news is reporting that a 13-year-old girl was critically injured after a car crash outside the Westfield Commons Shopping Center in Dunedin, Florida. She was a passenger in her mother's car at the time of the accident. A jeep hit the passenger side of the car as her mother was making a left hand turn from Main Street in Dunedin into the mall parking lot. It is unclear whether the minor child's mother was negligent in the car accident.
If a parent is negligent in causing injury to a minor child, the child may have a claim for negligence against the parent. In 1982 in a case called Ard v. Ard, the Florida Supreme court concluded that an unemancipated minor child can bring suit against his or her parent for damages sustained by the parent's alleged negligence, but only to extent of the parent's insurance coverage. Two main types of insurance policies may provide coverage in this situation. First, if the negligence happened as a result of an auto accident, then the parent's motor vehicle coverage may apply. In all other circumstances, the parent's homeowners insurance may apply.

However, in 1992, in a case called Fitzgibbon v. Government Employees Ins. Co., the Florida Supreme court concluded that an automobile insurance company can exclude coverage for the negligent acts of family members. This holding probably applies to homeowners insurance as well. Most insurance companies have excluded coverage since the Fitzgibbon's decision came out. Therefore, a personal injury lawyer representing a minor injured by the negligence of his or her parent should review such policies carefully to determine if coverage exists.

Scott Distasio
Tampa Personal Injury Lawyer

DISTASIO LAW FIRM
HELPING INJURED PEOPLE
888-595-0022

Tampa Auto Accident Attorney

The Florida Insurance Commission has been investigating rate increases in Florida for over a year. As part of the investigation, the Commission subpeoned documents from Allstate in October of 2007. As described in a previous post, Allstate's refusal to honor the subpeona began a series of court battles that ended in May of 2008 with Allstate agreeing to turn the documents over. A hearing was set for September 15, 2008 before an Administrative Court Judge to decide whether all the documents were provided; whether Allstate falsely claimed the documents contained trade secrets; and whether Allstate falsely certified its original rate increase of more than 40 percent. The hearing has been cancelled because Florida regulators have reached a limited agreement with Allstate to resolve these issues.

The agreement requires Allstate to pay a $5 million dollar fine; lower its homeowners insurance rates in Florida by 5.6%; write 100,000 new homeowners insurance policies over the next three years; and cancel a 175 million dollar debt Allstate's Florida subsidiary owes the parent company. In exchange Florida will not pursue the issues that were set for hearing on September 15, 2008. Insurance Commissioner McCarty stated "It's unfortunate that Allstate's disregard for Florida's laws required the office to take such drastic actions, however, I'm glad that we've reached this agreement. We're looking forward to restoring the confidence of Allstate insurance companies."

The agreement does not end all investigations into Allstate's insurance practices in Flroida. Commissioner McCarty indicated an investigation into Allstates claims handling practices and potential collusion with rating organizations, trade associations and other entities will continue.

Scott Distasio
Tampa Personal Injury Lawyer

DISTASIO LAW FIRM
HELPING INJURED PEOPLE
OFFICES: TAMPA
888-595-0022

Tampa premises Liability Lawyer