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In a previous post, I questioned whether personal injury protection benefits (PIP) that are part of all automobile accident insurance policies in Florida should be eliminated. The reason I am critical of personal injury protection is that it is so susceptible to fraud. Over the years, the Florida Legislature has attempted to put in place restrictions to eliminate the fraud. However, the restrictions have not really helped.
According to Mike Salinero in an article posted on TBO.com, the Hillsborough County commissioners are attempting their version of PIP regulation. The commissioners have requested the county attorney to write an ordinance that regulates the medical clinics that provide medical care to people injured in car accidents. Their focus on regulating the medical clinics is based on the fact that these clinics are often at the center of the fraud. There are many reputable auto accident medical clinics. However, the dishonest ones recruit people that stage auto accidents and then fraudulently billed for medical services that were never provided. This type of fraud is so prevalent in Hillsborough County that in 2009 the Tampa Bay area became a national leader.
The purpose of the proposed new ordinance in Hillsborough County would be to require all clinics to register with the county and have a licensed physician be responsible for all written prescriptions. While the goal is a good one, it is unclear how this increased regulation will address the fraud problem. I guess we will have to wait and see the actual ordinance to get that clarity.
My experience as a car accident attorney in Tampa and throughout Florida makes me question whether any regulation of personal injury protection will do much to eliminate the fraud. It may be that the only way to eliminate the fraud is to eliminate PIP itself. In my practice I do see the benefit that PIP provides for people who would otherwise be unable to pay for medical care after a car accident. On the other hand, if PIP were eliminated, letters of protection could be used to provide medical care to most of these people.
Personal Injury Protection is a part of all automobile accident insurance policies in Florida. It has been a mandatory for all car drivers since 1972. It pays for up to $10,000.00 of medical care or lost wages after a car accident regardless of whether or not you were at fault in the accident.
The idea behind personal injury protection is a good one. It was meant to make sure that people with an injury after an auto accident get the medical care and wages they need. However, in practice, it has not lived up to its ideals. The main problem is the system is rampant with fraud and Tampa Bay is the biggest offender. As a recent article pointed out, the fraud has caused the cost of auto insurance to be unacceptably high. In fact, fraud within the system costs the typical family as much as $400.00 extra per year for their car insurance.
The fraud occurs because dishonest medical providers are able to bill insurance companies for care that was never provided. Often times the patients are involved in the fraud and get a portion of the billings. Insurance companies do the best they can to try and eliminate the fraud. In fact, their enforcement efforts often end up accusing innocent people of wrongdoing.
The insurance industry is lobbying the Florida Legislature to increase regulation of the personal injury protection system. However, over the years, increasing regulation has never solved the problem. The time has come for the legislature to think about whether to eliminate it all together.
According to an article by John Thomas, published at abcactionnew.com, Tampa city council is reconsidering ways to charge those responsible for causing Tampa automobile accidents with the costs associated with the accident. Apparently they tried to do the same thing in 2007 but decided not to do so. Since then a state law was passed to address the issue. According to City Attorney Chip Fletcher, "...in 2009 the legislature significantly limited the ability of cities to access fees for responses to car accidents."
Given the current economy, it makes sense for Tampa to try and reduce its overhead by passing some of its costs on to those that cause car accidents. However, in this case, even if the city can find a way around the state law, it is unclear whether their efforts will generate much in the way of savings. Often, the cost of enforcing such programs can substantially reduce the net benefits. Hopefully Tampa council members will thoroughly research the costs and benefits before moving forward.
CBS news Travel Editor Peter Greenberg recently spoke about the deadliest roads in America. Play the video below to view the report.
Watch CBS News Videos Online
While doing backround research for the report, CBS news discovered a report from the Daily Beast that identified the 100 most dangerous roads in America. The report is based on fatal car accidents throughout the country. Florida had two roads in the top 5. In fact, Interstate 95 (I-95) in Florida is apparently considered the number one deadliest road. The number 3 most deadly road ends right hear in Tampa. It is Interstate 4 (I-4).
$27 billion of the federal economic stimulus package has been set aside for Highway construction. Large states like Florida will get their fare share. There is no doubt the money will fund a much needed increase in new roads as well as repairs to old ones. Unfortunately, The Federal Highway Administration has predicted the increase in Highway construction will also cause an increase in work zone related driver personal injuries and death. According to an article written by Mike McIntire and published in the New York Times, many of these work zone car accidents, motorcycle accidents, and truck accidents might have been avoided if better safety measures were utilized by the construction companies involved. The article does an excellent job of detailing the various types of hazards that pose a risk to drivers including failures to deploy warning signs, improper traffic lane markings, barriers placed in the wrong position, and drop offs between lanes. It also describes a lack of Uniform National Safety Standards that would definitely save lives if they were put into place.
Personal injury lawsuits brought in the wake of highway and roadway work zone tragedies hold wrongdoers accountable, clarify the cause of the accidents, and compensate victims. They also play a role in encouraging contractors to implement safety measures so they can avoid personal injury lawsuits in the future.
The leading cause of death for children in the United States is automobile accidents. As a result, all states, including Florida have very detailed child car seat restraint laws. Although the overwelming majority of parents follow the laws and use child car seats, the death statistics remain high. One of the main reasons appears to be the fact that parents have difficulty following the car seat manufacturer's instructions on how to properly install and use the them.
As a lawyer that handles Lakeland car accident injury cases, I see first hand tragedies like the recent death of an improperly restrained 11 month old girl traveling on US 27 in Davenport. Gary White has done an excellent job of bringing attention to this important issue in an article posted in the Lakeland Ledger. In the article, he identifies the Lakeland and Polk county Florida area resources available to help parents learn how to properly use child seat restraints. He also does a very good job of pointing the statistics on the subject.
When a car is damaged in an auto accident as a result of someone else's negligence, there are usually two ways to handle getting compensation for the damages. You can make a claim with your own auto insurance. When you do so, your recovery is limited by the contract you signed with your insurance company. Usually, you will have a deductable. In addition, if you did not purchase rental coverage, you may have to pay out of your own pocket for transportation while your car is getting repaired. Furthermore, your own insurance company usually makes sure their contract with you does not cover you for any diminished value of your vehicle. Instead, most policies usually only cover the cost of repairs.
The second way to handle getting compensated for damages to your automobile in a car accident involves making a claim against the insurance company of the person that caused the accident. This is not always possible because many people in Florida do not carry this type of coverage. However, when the at fault party does have the proper coverage it is definitely the best way to go. Under Florida law, the at fault party is not only responsible for the cost of repair; they are also responsible for any decrease in value of the vehicle after the repair and the loss of use of the vehicle during the reasonable time of repair. As described above, the additional damages of diminished value, and loss of use are usually not available when you make a claim against your own insurance.
As a personal injury attorney, I often advise car accident clients, which type of claim should be made in their specific case based on the insurance available and the type of damage to the vehicle. When it makes sense to do so, I also file suit against the at fault party for personal injury damages and damages to our client's car.
Tort Reformers claim that our country's economy is crumbling because of out of control personal injury settlements and jury verdicts that include a recovery for pain and suffering damages. If you listen to many politicians discussing the subject, you will come away believing that it is very easy to receive pain and suffering damages. At least in car accident cases in Florida, the truth is just the opposite.
As a Tampa car accident lawyer I am familiar with the Florida laws that govern car accident cases. One of those laws, section 627.737 Florida Statutes, bars a plaintiff in most car accident cases from receiving pain and suffering damages unless they can prove to a jury one of the following:
(a) Significant and permanent loss of an important bodily function.
(b) Permanent injury within a reasonable degree of medical probability, other than scarring or disfigurement.
(c) Significant and permanent scarring or disfigurement.
(d) Death.
Because all of these conditions require proving a permanent injury, Florida attorneys often refer to this statute as creating a permanency threshold. In the overwhelming number of auto accident cases tried to a jury in Florida, the jury concludes the plaintiff did not suffer a permanent injury based on the above criteria and therefore does not award pain and suffering damages.
Scott Distasio
Clearwater Car Accident Lawyer
DISTASIO LAW FIRM
HELPING INJURED PEOPLE
OFFICE: TAMPA
888-595-0022
According to an article posted on TBO.com, the Florida Highway Patrol recently held a news conference on car accidents and seat belt safety. The conference comes on the heels of a new law in Florida that allows law enforcement to pull people over and ticket them for not wearing their seat belt. Prior to the law change, law enforcement could only ticket someone not wearing their seatbelt in an automobile if the car had been pulled over for another reason.
As a Tampa car accident attorney, I always consider whether a client was wearing their seatbelt when deciding whether a settlement offer appears reasonable. The reason is that the Florida Safety Belt Law described above also allows a jury to consider the failure to wear a seat belt as evidence of comparative negligence of the injured person in an auto accident personal injury lawsuit. This means the amount of money awarded to a person that was not wearing a seat belt is reduced by the percentage of responsibility the jury decides to assign to that person for not wearing the seat belt.
Scott Distasio
Clearwater car accident attorneys
DISTASIO LAW FIRM
HELPING INJURED PEOPLE
OFFICE: TAMPA
888-595-0022
82 year old Gordon Murphy from Saftey Harbor died on May 19, 2009 when his 1986 Oldsmobile crashed into a power pole on State Road 580 near Countryside Boulevard in Clearwater Florida. No other vehicles were involved in the car accident. No one may ever know what caused Mr. Murphy to crash.
Scott Distasio
Clearwater Auto Accident Attorney
DISTASIO LAW FIRM
HELPING INJURED PEOPLE
OFFICES: TAMPA
888-595-0022
The Pinellas County Sheriff's office has reported that 15 year old Erica Hansen of Oldsmar Florida was struck by a truck while trying to cross Tampa Road near the intersection with East Lake Woodlands Parkway in Oldsmar around 9:30 p.m. on Friday, March 27, 2009. She was taken by ambulance to Mease Countryside Hospital in Safety Harbor where she later died from her injuries.
The crash happened on Tampa Road near the intersection with East Lake Woodlands Parkway in Oldsmar shortly before 9:30 p.m. on Friday, March 27, 2009.
Scott Distasio
Tampa Car Accident Attorney
Distasio law Firm
HELPING INJURED PEOPLE
OFFICES: TAMPA
888-595-0022
Approximately 1500 car accidents occur in Bradenton, Manatee County Florida each year. Currently, the local government pays about $150,000.00 per year to direct traffic, investigate, and come to conclusions regarding the cause of these accidents. According to a story posted at www.baynews9.com, If Bradenton Police Chief Michael Radzilowski has his way, the cost for such services will be shifted to the driver the police determine was at fault in the Bradenton auto accident. The ultimate decision to move forward with the idea rests with the Bradenton City Counsel. Apparently, 16 other cities and or counties currently have some form of cost recovery program in place.
The plan in Bradenton involves using a private company called Cost Recovery Corporation to partner with the Bradenton police department to help collect the costs. The Bay News 9 article claims Cost Recovery corporation believes 50 percent of auto insurance companies will pay the costs on behalf of the at fault driver.
The idea has some appeal for several reasons. It may create revenue the police can use toward their primary purpose of law enforcement and it may shift the cost of negligent driving conduct from the taxpayers to the at fault driver. However, it is unclear that the program will actually achieve these goals. Often, what looks like a savings in one area can become a cost in another area.
For example, over time, at fault drivers and their insurance companies will have an increased incentive to fight the police investigators conclusions regarding fault. The cost associated with fighting the conclusions will be born directly by the courts set up to handle traffic tickets and indirectly by the police officers time needed to attend these proceedings. These costs to government may very well outweigh any increase in revenue the police receive from the program.
In addition, insurance companies work in part by shifting costs from one person to everyone that is paying premiums. To the extent the at fault drivers insurance company pays the costs, they may overtime shift some of those costs to all of their policy holders in the form of higher premiums.
I do not know the answers to these questions. Hopefully the Bradenton City counsel will endeavor to answer the questions themselves before making the decision on whether to go forward with the program.
Scott Distasio
Bradenton auto accident lawyer
DISTASIO LAW FIRM
HELPING INJURED PEOPLE
OFFICES TAMPA
888-595-0022
The Florida legislature is scrambling to make up for the state's budget deficit. It appears that one of the ways the state plans to do so is to raise the cost of most traffic citations. According to www.tbo.com, Governor Charlie Christ signed into law a bill that has $2.5 billion in spending cuts. Part of the bill includes statewide mandatory minimum increases to traffic fines for all types of automobile related conduct. The bill became law Sunday January 31, 2009
Under the new law, driving 10 to 14 mph above the speed limit has gone up to a minimum of $191; driving 15 mph to 19 mph over the limit has gone up to a minimum of $241; driving 20 mph up to 29 mph over the limit has gone up to a minimum of $266; and speeding in a school zone has gone up to $366. Many other traffic related infractions have gone up $10. The law also allows counties to add additional discretionary fees to the traffic fines.
Given the troubles in the economy, the fines will certainly be a hardship to many financially strapped families. However, maybe some good will come from it. Basic economic principles suggest that increasing fines has a deterrent effect on the fined conduct. Let's hope car accidents decrease as people work harder to obey the law to avoid the fines.
Scott distasio
Tampa auto accident attorney
DISTASIO LAW FIRM
HELPING INJURED PEOPLE
888-595-0022
In September of 2009, four year old Summer Moll was severly injured when the car she was driving in was hit by a car driven by 25-year-old Cheryl-Maria Riemann. Moll's mother, Jennifer O'Boyle was killed in the car crash. Police arrested Rieman for causing the auto accident, driving the wrong way and driving while drunk. Rieman is currently in jail awaiting trial.
According to myfoxtampabay.com, Summer's injuries included broken legs and a large gash on her head. After months in the hospital and in a rehabilitation facility, Summer has learned to walk again. On January 29, 2009 she was discharged home.
Summer's story sheds light on the tragedies that can occur when someone chooses to drink and drive. It
A previous post discussed the fact that motorcycle fatalities in Florida have gone up each year since 1998 as a percentage of all auto accident deaths. Fortunately, it appears that the number of all tracffic related deaths in Florida has actually declined. A recent post at www.tbo.com cited the following statistics from the Florida Department of Highway Safety and Motor Vehicles to show the decline:
The number of fatalities for the 2008 year declined 7.3 percent - 2,986 traffic deaths compared with 3,221 the year before...The number of deaths was the lowest since 2000, when 2,999 people were killed on Florida roads, and follows a three-year trend of declines in fatal accidents.
The www.tbo.com post cited Capt, Mark Welch from the department for the proposition that factors contributing to the decline included a combination of fewer miles driven, along with several years of safety campaigns aimed at teens, drunken driving and seat belt usage.
According to tbo.com A 45 year old Spring Hill woman named Patricia Kluge was arrested for DUI around 3:30 pm on January 13, 2009. She was driving a Dodge Caravan mini van north on Mariner Boulevard in Spring Hill Hernando county when she hit the back of a Hernando County school bus. Thank goodness there were no children on the bus at the time.
The impact of the auto accident caused injury to a 61 year old bus passenger named Rosemarie Geschwindner. She was taken to Oak Hill Hospital and treated for minor injuries according the highway patrol. In addition, the driver of the bus, 63 year old Maureen Russell was treated for minor injuries at the scene.
The blood alcohol level of Kluge, the driver of the mini van, was 0.242. Given that driving while under the influence in Florida is 0.08, it appears that Kluge was extremely intoxicated. The alcohol apparently made her very combative. Although she was not hurt in the accident, Kluge kicked, bit, and head-butted two troopers that arrested her. In addition, she tried to kick windows out of the patrol car. Clearly she was not having a good day. Fortunately, it seems as though her reckless conduct in driving drunk did not cause anyone severe injuries.
Scott Distasio
Tampa personal injury attorney
DISTASIO LAW FIRM
HELPING INJURED PEOPLE
Bay News 9 recently published a study performed by Allstate of teen driving during the holidays. According to the study, Tampa is the deadliest city for teen drivers. Even more frightening is the fact that the top three deadliest areas nationwide for teen drivers are here in Florida. In addition to Tampa, the other two deadliest cities for teen drivers are Jacksonville, and Orlando.
In order to complete the study Allstate analyzed fatal crashes during the holiday season beginning at Thanksgiving and ending on New Year Day. Over the past eight holiday seasons during that time period, more than 5,000 teen drivers were involved in a fatal car accident. Simple driver error and speeding caused most crashes while alcohol was involved less than 25 % of the time. Allstate's analysis revealed that the fatal crash rate is 40 percent higher for 16 year-olds than for 18 year-olds and 30 percent higher for 18 year-olds than for 19-year-olds. In addition, 56 percent of teens said they make and answer phone calls while driving.
In Florida, children can get a learners permit at 15 and drive without restriction at 16. Based on the Allstate study, allowing such young children to drive has come at a deadly cost for Florida teens. Other states appear to have recognized the problem. For example, in some states, teens are not allowed to begin driving until 17 and do not receive full driving privileges for another year. Additional restrictions on teen driving in other states include only allowing one passenger in the vehicle that is unrelated, no driving between the hours of midnight and 5 AM, and no texting or talking on the phone while driving.
The holiday season is a time to be around those you love, make sure to keep those teen car drivers in your life safe. Always remember to wear a safety belt and to follow the law. Distasio Law Firm wishes you a safe and Happy Holiday!
Scott Distasio
Tampa Personal Injury Lawyer
DISTASIO LAW FIRM
HELPING INJURED PEOPLE
OFFICES: TAMPA
888-595-0022
In September of 2008, a Florida jury returned a verdict in a wrongful death lawsuit in favor of a family and against a company that improperly loaded a truck. Because the truck was improperly loaded, a 34 pound metal plate flew out of the back of the truck and through the windshield of the car following the truck. The metal plate struck the 43 year old woman driving the car, killing her. It is not surprising that the jury returned a verdict against the company that loaded the truck and awarded money to the woman's family. The surprising part of the case is the fact that the jury decided the woman that was killed was 72% at fault for the accident. As a result, the amount of money awarded was reduced by the percentage of the woman's negligence.
It is unclear from the reports how the jury could have come to this conclusion. The reports of how the auto accident happened did not provide any description of the location and speed of the vehicles. So I cannot comment further on the jury's decision making process. However, I cannot imagine how someone that is driving along minding their own business could have any responsibility for not avoiding a metal plate flying out of the back of a truck, through the air, and through their windshield. It is simply not something the average driver would expect. Furthermore, it does not seem possible that the average driver's reaction time would be quick enough to avoid the object.
The result may be due to the success the tort reform movement has had in poisoning the minds of potential jurors. It also may be that there are facts not reported on that would lead anyone to the same result. Either way, the verdict demonstrates the uncertainty of trial by jury.
At Distasio Law Firm we handle wrongful death and auto accident cases.
Scott DistasioTampa Personal Injury Lawyer
DISTASIO LAW FIRM
HELPING INJURED PEOPLE
888-595-0022
Drivers in car accidents in Tampa Florida now have even more reason to independently document what happened in their accidents. The reason is that Tampa Police officers have a new ticket policy. According to an article posted on Tampabays10, under the new policy, after a motor vehicle accident, the police will rarely do more than review drivers licenses, registration, and proof of insurance. In fact, the officer that answered the phone when we placed a call to the Tampa Police Department confirmed that in most cases the officers will no longer interview the parties and witnesses to determine who was at fault, issue citations for the accident, document the names of witnesses, and document how the scene looked at the time of the accident. As unbelievable as it may seem, the only time the officers will make a finding of fault, issue a citation, and do all of the other things that go along with it, will be if the officer witnesses the accident or the accident involves, DUI, severe injury, or fleeing the scene of the crime.
The justification for the change in policy, according to Tampa Police spokesperson Laurie McElroy is that the city will save about 8,000 man hours a year. The article made no mention of the loss of revenue the city will experience because they will be issuing substantially less citations. The article also did not mention whether the savings in man hours really means police officers will be losing their jobs. The officer we interviewed did not have answers to these questions.
McElroy claimed the fact these citations will no longer be issued will not affect insurance claims because "their citations carry no weight with the insurance companies". She is simply wrong. It is true that the parties' statements to the officer about how the accident happened and the officer's determination of fault are not admissible at a trial in a personal injury lawsuit or a dispute involving an insurance company. However, that does not mean the information gathered by the police after a car wreck "carries no weight with the insurance company." In fact, the vast majority of times the insurance companies recognize the accuracy of the officers findings and admit them as true. Even in those rare cases when the insurance company disputes the officer's conclusions, the officer's observations at the scene and documentation of those observations is invaluable. Without the officers written report, the identity of witnesses, the condition of the roadway, and how the vehicles came to rest will not be documented. If the parties involved in an accident do not document these things, the information may very well be lost.
Under the circumstances, we urge everyone to make sure their cars are equipped at all times with a camera, a notepad, and a pen or pencil. If an auto accident happens, the camera should be used to take photographs of the scene, the resting place of the vehicles, and the damage to the vehicles. The notepad should be used to get the names, addresses, and phone numbers of the witnesses. If you do not do this and you need to make an insurance claim for personal injuries or damage to your vehicle in Tampa Florida, you may not be able to prove your case.
Scott Distasio
Tampa Personal Injury Lawyer
DISTASIO LAW FIRM
HELPING INJURED PEOPLE
OFFICES: TAMPA
888-595-0022
http://www.TampaAccidentInjuryLaw.com
According to Bay News 9, on October 20, 2008, a car crash in Tampa has left one person is dead and five others seriously injured.
Police reported that Justin Jones, the driver responsible, was under the influence of alcohol at the time of the accident. Jones, 26-years-old, was driving near the intersection of Hillsborough and Himes shortly before midnight when he ran a red light and crashed into a tractor trailer truck. Traveling in the car with Jones was five other passengers, one of which died at the scene of the accident. The remaining four passengers, as well as the driver of the semi truck, were taken to surrounding hospitals with a range of injuries. Justin Jones was arrested and charged with DUI manslaughter, he is temporarily incarcerated at Orient Road Jail.
An estimated 310,000 persons were injured in crashes where police reported that alcohol was present -- an average of one person injured approximately every 2 minutes according to FARS.
When you drink and drive you run the risk of injuring yourself or more importantly those around you. Remember to always be responsible. Here at Distasio Law Firm we are empathetic for those who have been hurt by reckless drivers.
Scott Distasio
Tampa Personal Injury Lawyer
DISTASIO LAW FIRM
HELPING INJURED PEOPLE
888-595-0022
http://www.TampaAccidentInjuryLaw.com
According to Bay News 9, In St. Petersburg, a pedestrian was killed and another was seriously injured on October 9, 2008 due to a hit and run accident.
The St. Petersburg Police Department reported that officers tried to pull over the Dodge Ram, pickup truck for a traffic violation, shortly before 11 PM near the intersection of 22nd Avenue South and Dr. Martin Luther King Jr. Street South.
Apparently, the driver of the pickup truck did not respond to the officers. Instead, the pickup truck drove away, traveling Northbound on Martin Luther King. Shortly afterwards the truck crashed into two pedestrians, killing one of them at the scene, leaving the other with life-threatening injuries.
According to FARS, in an average year 4,784 pedestrians are killed by motorists. Light trucks are involved in 22,290 fatal accidents per year.
Here at Distasio Law Firm our hearts go out to those who have been injured or killed by the reckless drivers that seem to control our streets.
Scott Distasio
St. Petersburg personal injury lawyer
DISTASIO LAW FIRM
HELPING INJURED PEOPLE
888-595-0022
St. Petersburg auto accident attorney
According to Bay news 9, a car crash on the evening of Saturday October 11, 2008 in Polk County killed two people, leaving three others with serious injuries.
According to the Florida State troopers, the 16-year old driver, Patrick Mellan was traveling on State Road 570 when his 2007 Ford Mustang lost control. The car hit a palm tree and then a utility pole.
The driver, Mellan, as well as 19-year-old passenger-Derrick Austin, were listed in serious condition. Eddie Gallon, a 17-year-old passenger- was listed in critical condition. 16 year-old passenger- Kennan Mullins, was pronounced dead at the scene, and another passenger, 27-year-old, Warren Williams, died later at Lakeland Regional Medical Center. State Troopers are unsure yet if anyone was wearing a safety belt.
In 2000, 8,155 15- to 20-year-old drivers were involved in fatal crashes --Motor vehicle crashes are the leading cause of death for 15 to 20 year olds, according to the National Highway Traffic Safety Administration
It is unfortunate to lose any one to a car crash, it is especially difficult to lose such young members of our society. Here at Distasio Law Firm we are sympathetic to those injured or killed in a serious car wreck.
Scott Distasio
Lakeland personal injury attorney
DISTASIO LAW FIRM
HELPING INJURED PEOPLE
888-595-0022
Lakeland auto accident lawyer
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
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
According to the Florida Highway patrol accident report, Richard Buck, 21, was driving north on Dale Mabry Highway in Tampa in a Toyota pick-up truck as he passed through the intersection of Waters avenue when a Buick travelling west on Waters avenue slammed into him. According to the accident report, the westbound vehicle, driven by Juan Aecca, 31, ran a red light.
Buck, who was apparently not wearing a seatbelt, died after he was ejected from and crushed by his pick-up truck. Aecca was arrested and charged with DUI manslaughter, driving without a valid license, and DUI with property damage/personal injury.
Unfortunately, drinking alcohol while driving a motor vehicle is one of the leading contributors to personal injuries on the roads. Tampa is no exception. As a Tampa car accident lawyer, I often see the devastation caused by drunk drivers. In fact, according to the Hillsborough County Sheriff's Office, Hillsborough County is the leader in the state of Florida in alcohol-related traffic fatalities and accidents.
Scott Distasio
Tampa Auto Accident Attorney
Distasio Law Firm
Helping Injured People
Offices: Tampa
888-595-0022
Tampa personal injury lawyer
According to http://www.drivealert75.com the Florida Department of Transportation (FDOT) is launching a new safety campaign aimed at reducing deaths and crashes on Interstate 75 (I-75) in Florida. The campaign is called "Guard Your Life-Drive Alert On I-75 and is designed to reduce head on motor vehicle crashes. FDOT is teaming up with public and private entities to deliver the message. The plan is to deliver the message of driver safety awareness and driver education through the use of websites, public service announcements, billboards, posters and promotional items.
One of the main entities involved is The Florida Trucking Association. In addition to promoting the "Guard Your Life-Drive Alert On I-75" campaign during the National Truck Driving Championship competion called the "Rodeo", The Florida Trucking Association will also set up a special 18-member road team to speak about safety. The road team plans to go into local high schools in Hillsborough, Pasco, and Hernando counties to help promote driver safety on I-75. The all volunteer professional truck drivers will teach driver education students about the importance of driver safety.
The state of Florida's efforts to try to improve driver safety on I-75 in Florida through a safety campain is a good first step. As Angie Atalla pointed out in her webposting on the subject at http://www.tampabays10.com there were 4,702 motor vehicle accidents from Hillsborough/Manatee counties to Hernando/Sumter counties on I-75 from January 2004 through May 2007. The accidents included all types of automobile accidents including car crashes, truck crashes, and motorcycle crashes. 3160 crashes involved injuries and 66 involved deaths.
Scott Distasio
Tampa Auto Accident Lawyer
DISTASIO LAW FIRM
HELPING INJURED PEOPLE
OFFICES:TAMPA
888-595-0022
Tampa personal injury lawyer
An earlier posting entitled "Semi Trucks Monitored in Tampa Bay" mentioned that on June 4, 2008 a man drove his automobile into a Semi Tractor Truck on US 19 at the Countryside Ford Dealership in Clearwater Florida. It turns out the man was 77 year old George W. Sturm. He died six days later from his injuries.
Mr. Sturm was driving Northbound on US 19 at 4:30 am as he approached the Ford Dealership. The driver of the Semi Truck was apparently backing into the dealership from US 19 when Mr. Sturm slammed into the side of the truck. According to www.tampabays10.com, the truck was blocking all northbound lanes.
In some states, the fact that Mr. Sturm may have been comparatively negligent in not noticing the truck in front of him might bar his Estate from making a recovery in a personal injury lawsuit. However, Florida follows the doctrine of comparative negligence. That means if Mr. Strum's Estate hired a Clearwater truck accident lawyer to pursue a personal injury claim, a jury would assess whether or not he was negligent in failing to recognize the truck was in front of him and whether or not the truck driver was negligent in taking up all northbound lanes of traffic in the dark. The jury would then assign a percentage of liability to each party if any. It is unclear at this time if Mr. Strum's Estate will pursue such a claim on his behalf.
Scott Distasio
Clearwater Car accident attorney
DISTASIO LAW FIRM
HELPING INJURED PEOPLE
OFFICES: TAMPA
888-595-0022
Tampa Auto Accident Lawyer
Most semi truck drivers are safe drivers just trying to make a living. However, the shear size of their rigs makes their vehicles extremely dangerous when they get into an accident. For example, the Northbound lanes of US 19 at sunset road in Clearwater Florida were closed for several hours today after a car crashed into a semi tractor trailor. The impact was so severe, the car was wedged under the semi. The driver of the car was taken by Bayflight helicoptor to BayFront Medical Center and is currently listed in serious condition. There is no word on whether the driver of the semi truck caused the accident.
In an effort to try to prevent accidents like the one above, authorities have anounced they are placing an emphasis in Tampa Bay on keeping the big rigs safe. According to an article posted June 3, 2008 on http://www.myfoxtampabay.com, inspections sponsored by the Commercial Vehicle Safety Alliance have begun in the bay area. Inspectors will be conducting roadchecks to look for all types of vehicle problems including bad breaks, bald tires, and stearing troubles. In addition, inspectors will be making sure drivers are wearing their seatbelts, have all the appropriate paper work up to date, and have not been driving longer than the manditory maximum number of hours per day.
In addition to random stops, inspecpection sites have been set up at the Interstate 4 weigh station, the Port of Tampa area, and along U.S. 98 west of Brooksville.
Scott Distasio
Clearwater Auto accident Attorney
DISTASIO LAW FIRM
HELPING INJURED PEOPLE
OFFICES: TAMPA
888-595-0022
Tampa personal injury lawyer
According to an article posted at TampaBays10.com on May 31, 2008, Jamaal Miles of Pinellas Point Florida was driving west on the Tom Stuart Causeway Bridge in St. Petersburg Florida when he lost control of his car. As a result, his vehicle crossed the median and crashed into an eastbound automobile driven by Amanda Anderson of Seminole Florida. The bridge was apparently closed to all traffic for two hours after the accident. Miles, his passenger Fredrick Wade, Anderson, and her passenger Charles Mosley were all taken to St. Petersburg area hospitals.
According to the Pinellas County Sheriffs office, Miles was cited for failure to use due care, no valid driver's license, no proof of insurance, and not wearing his seat belt. If in fact it turns out that Miles did not have insurance, the others involved in the car accident will not be able to receive compensation for their injuries unless they have purchased Uninsured Underinsured Motorist Coverage (UM). Most people do not even know what UM coverage is or why they need it.
UM coverage is insurance coverage you buy to cover you when someone other than you causes the auto accident and that person either does not have insurance or does not have enough insurance to fully compensate you. Insurance companies rarely encourage you to buy this coverage because they cannot accurately predict the risk associated with a driver they do not know that may cause an accident you are in sometime in the future.
While UM coverage is a bad bet for the insurance company, it is a good idea for you. Some comentators have estimated that upwards of 25% to 33% of all drivers in Florida have no bodily injury insurance to compensate people when they cause an accident. In otherwards, if you are in a car accident caused by someone else, there is upwards of a 33% chance that person does not have insurance to adequatley compensate you. With odds like that, it is worth the extra money to purchase UM coverage to protect you.
Scott Distasio
St. Petersburg Auto Accident Lawyer
DISTASIO LAW FIRM
HELPING INJURED PEOPLE
OFFICES: TAMPA
1-888-595-0022
According to an article and video by Tammie Fields posted on tampabays10.com, on May 20, 2008 Rafael Grau of Davenport Florida was arrested and charged with a scheme to defraud. He and Geraldo Larracuente, also of Davenport were allegedly staging fake auto accidents for money. All of the people involved in the staged auto accidents were allegedly treated at Providence Chiropractic located at 2727 Martin Luther King Boulevard in Tampa. Insurance companies were then charged for medical treatment that was apparently unnecessary and may not have even been performed.
Insurance fraud schemes like this one are disturbing for many reasons. The most obvious are the fact that it is dishonest, illegal, and just plain wrong. Furthermore, it drives up the cost of insurance for the rest of us. However, the increased cost of insurance is just the tip of the iceburg. The hidden costs to society created by such crimes can never really be measured.
For example, as people read about this crime it reinforces stereotypes about chropractic care that are often not true. There are many hardworking honest chiropractors that provide a legitimate service to their patients. Crimes such as this one make people question the integrity of the legitimate health care providers that are truely helping people recover from real auto accident injuries.
Staged car accidents also reinforce steretypes about car accident attorneys that are not true. Every profession has dishonesty. In recent years, politicians and corporate lobbyists have used the news media and events like this one to portray the entire profession of personal injury lawyers as criminals. The truth is that the overwhelming majority of auto accident lawyers are honest hard working professionals that are trying to hold wrongdoers accountable and help injured people get financial reimbursement for their losses.
Of course the biggest cost to society from crimes such as this one takes place because of the stereotype it reinforces regarding the types of people that make personal injury auto accident claims. Like the hard working health care professionals and lawyers that try to help them, the overwhelming majority of people that make auto accident personal injury claims are honest. They have been in real accidents and have received real injuries. Crimes such as this one, however, make the people that judge them sceptical. Insurance companies offer people injured in auto accidents less money than their claims are worth because the insurance company either does not believe the person is injured or, more likely, the insurance company knows its lawyers can use events like this one to convince a jury that the person is not injured.
If you doubt that insurance companies purposely take advantage of these stereotypes then ask yourself why they spend so much money on advertisements aimed at publicizing crimes like the one above. Every ligitimate study of the subject has demonstrated that the percentage of fake injury claims is so small it is statistically insignificant. Why then do we see television commercials of fraud investigators from certain insurance companies bosting about how many millions of dollars they have saved the company by catching people faking their injuries. It is certainly not done to convince the viewer to buy that companies insurance.
The real reason such advertising is done is to reinforce the stereotype. If you doubt what I am saying, go down to the courthouse and view most any auto accident personal injury trial. You will see a carefully orchestrated show put on by the defense lawyer to convince the jury the plaintiff was not hurt in the accident. The lawyer cannot direcly accuse the plaintiff of faking unless there is real evidence of it. That is very rare. Instead the defense lawyer uses questioning about the biases of the plaintiff's treating physicians; the plaintiff's work history; the physical activities of the plainfiff before the accident; and the plaintiff's ifestyle before the accident to imply the injuries are not real or were caused by one of these things. The overwelming majority of such cases end with the jury concluding the plaintiff did not receive a permenant injury in the accident even though they did.
Scott Distasio
Tampa Auto Accident Lawyer
DISTASIO LAW FIRM
HELPING INJURED PEOPLE
888-595-0022
Tampa personal injury lawyer
Kevin McCarty, Florida's Insurance Commissioner, has been locked in what seemed to be a never ending battle with Allstate Insurance Company to force the company to comply with his subpeona for documents. To read more you can review my previous post. The fight started last year when the state began looking into why insurance companies in Florida were asking for rate increases of close to 42%. As part of the investigation McCarty requested that Allstate turn over documents that would allow his office to independently assess the need for its requested increase. Although Allstate has turned over upwards of 550,000.00 pages of documents, Commissioner McCarty has concluded the documents produced were not all the documents he requested. As a result, on January 16, 2008, McCarty issued a ban on Allstate issuing new insurance policies in Florida until it fully complies with his request. Allstate has, up until now, successfully skirted both the production of the documents and the ban on writing new insurance policies.
Florida personal injury lawyers are all too familiar with Allstate's tactics. Allstate's strategy was the same strategy it often employs in personal injury lawsuits. It objected to producing documents on trade secret grounds; it produced massive volumes of documents that were not relevant to the inquiry; it claimed it had fully complied; it publically asserted it was being treated unfairly by the state; and it appealed the Insurance Commissioners right to obtain the additional documents and ban it from writing new policies. The First Disrict Court of Appeal placed a stay on enforcement until it decided Allstate"s Appeal. The affect of the stay was to allow Allstate to hold on to the documents and continue writing new insurance policies from the time it appealed in January until now.
On May 14, 2008, the First District Court of Appeals finally ruled on Allstate's Motion for Rehearing of its April 4, 2008 denial of Allstates Appeal. Based on the Court's ruling, it appears Allstate's luck finally ran out. First District Court of Appeals Judge Paul Hawkes wrote "Allstate's willful, indeed potentially criminal, failure to comply with its disclosure obligations has prevented OIR from adequately investigating its reasoned belief that Allstate is systematically defrauding its policyholders." Not only did the Court deny Allstate's request for a rehearing of its April 4, 2008 decision to side with the Insurance Commissioner, but it refused to certify the matter to the Florida Supreme Court as a matter of great public importance. The decision will make it very unlikely that Florida's highest Court will take up the matter.
As a result of the Courts decision, it appears Allstate has finally gotten the message and provided all of the requested documents. Insurance commissioner McCarty said in a statement today, May 17, 2008, that after the court's ruling, Allstate provided an affidavit certifying that it complied with Florida law by providing all documents requested by his office. "I have stayed the suspension of Allstate, and I have accepted its affidavit as evidence that they have completely and unconditionally complied with Florida law and with our requests for documents," McCarty said. "I also, though, have made it perfectly clear that failure to cooperate with necessary, ongoing requests from the office will result in an immediate resumption of the suspension."
The Office of Insurance Regulation will now comb through the records and complete its investigation. We will have to wait to see what the documents show regarding the legitimacy of the rate hike requests that started this process. However, at the very least, the process has demonstrated that the state of Florida seems to have an Insurance Commissioner that is willing to put his own self interest aside to do what is right for the people of Florida.
Scott Distasio
Tampa Personal Injury Lawyer
DISTASIO LAW FIRM
HELPING INJURED PEOPLE
OFFICES: TAMPA
1-888-595-0022
Tampa auto accident attorney
On January 16, 2008, Florida Insurance Commissioner Kevin McCarty abruptly stopped a hearing before it was completed after becoming frustrated with what he apparently perceived as Allstate purposefully not complying with his requests for documents. The hearing was part of the state's investigation into why insurance companies including Allstate had sought to increase rates by almost 42%. Allstate refused to provide all of the documents requested claiming they were either confidential trade secrets and or not relevant to the inquiry. Many of us that represent clients in personal injury lawsuits against Allstate and its insured's are used to similar stalling tactics. Often the tactic works in Allstate's favor. This time it seems to have backfired on them.
Insurance Commissioner McCarty was so irritated with Allstate's failure to comply that he suspended the various Allstate companies' right to sell new insurance policies in the state of Florida until they produce the documents requested. Initially Allstate ignored the request and appealed the Commissioner's decision to the 1st District Court of Appeals. The appellate court gave Allstate a reprieve from handing over the documents until it decided whether the Insurance Commissioner had the authority to order the production of the documents. On April 4, 2008, the court sided with the Insurance Commissioner. According to some media outlets, under the court's current order, Allstate has until April 14, 2008 to produce the documents. Allstate itself has announced it has until April 19, 2008 to decide how it will proceed.
If History serves as any predictor of future conduct, then I would not count on Allstate timely producing the documents requested. In typical Allstate fashion, they flooded the public domain with 150,000 pages of documents by posting them on their website. Allstate had previously produced over 400,000 pages of documents. It has used the sheer volume of documents produced as a smokescreen to suggest that it is fully cooperating with the state to produce the documents requested. The response attempts to portray Allstate as a victim. These stalling tactics and attempts to demonize anyone asking them for unflattering information often works in personal injury lawsuits because it usually takes many years for a civil lawsuit to make it through the appellate process. Allstate simply wears out its opponents. However, the appellate process in this instance was substantially shorter. The first round of Appeals was over in less than three months. Furthermore, the state of Florida is not your typical Allstate opponent. The state has the financial resources to match Allstate dollar for dollar.
As Commissioner McCarty stated, "They have created their own situation. They have blatantly and flagrantly ignored the law. They did not take this process seriously. The only effective and rational response was a suspension of business." One has to wonder, If Allstate has clean hands, why not produce the documents for inspection instead of wasting the state of Florida's time and money fighting the subpeona.
Scott Distasio
Tampa Personal Injury Lawyer
DISTASIO LAW FIRM
HELPING INJURED PEOPLE
OFFICES: TAMPA
1-888-595-0022
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