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December 22, 2009

Roadway Work Zones are Dangerous for Drivers

$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.

February 28, 2009

Riding a Motorcycle in Florida can be Dangerous

A recent post at Tampabay.com used statistics from the National Highway Safety Administration to drive home the point that riding a motorcycle on the public roads in Florida is dangerous. According to the post, the number of motorcycle rider deaths nationally has steadily gone up from 2,110 deaths in 1997 to 4,810 deaths in 2006. In addition, motorcycle riders are 35 times more likely to die when they are in a wreck than people riding in car.

The state with the most motorcycle deaths is Florida. Local Tampa Bay statistics seem to support the conclusion. For example, in less than two months the following deaths have been reported:

35 year old Juan Andino-Casillas was killed in Tampa in February of 2009 after he drove his Suzuki motorcycle into a car that turned into his lane.

42 year old Jerry Williamson died in St. Pete Beach in February of 2009 after crashing his Harley-Davidson motorcycle into a car that turned into his lane.

19 year old Benjamin Mower was killed in Zephyrhills in March of 2009 after he crashed his Suzuki motorcycle into a car that turned into his lane.

The reason for the increasing number of deaths nationally is unclear. Some say it's the increase in the number of motorcycle riders. Tampabay.com quoted The U.S. Transportation Department statistics that 350,000 motorcycles were sold in 1997 and 1.2 million motorcycles were sold in 2006 to prove the point. Some say that motorcycle riders are hard to see. Others, like Steve Gaskins, the Hillsborough County spokesman for the Florida Highway Patrol, blame the motorcycle riders. He was apparently was quoted as saying "...many of them are driving recklessly."

The reason Florida leads the Nation in Motorcycle deaths is also unclear. However, several factors probably play a role. First, Florida is one of the biggest states so it has a large number of motorcycle riders. Second, the whether here is warm most of the year so there is more time to ride. Third, Florida is one of several states that does not require helmets while riding so people that may otherwise have lived through a crash may suffer head trauma that takes their life.

Scott Distasio
Tampa motorcycle accident lawyer

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

January 26, 2009

Florida Law Requires Motorcycle Riders to Take Course

Florida law used to require motorcycle riders under the age of 21 to take a 15 hour safety course. Recently, however, the law was changed. Now the saftey course must be taken by all new motorcycle riders regardless of age. According to www.tbo.com, the course is offered by many motorcycle dealerships in the area.

Hopefully the law will help reduce the alarming trend of ever increasing motorcycle fatalities in the United States. The www.tbo.com article observed this trend by citing the following National Highway Trafic Safety Administration statistics:

Motorcycle rider deaths as a percentage of all auto accident fatalities:
1998: 5.5 percent
1999: 6 percent
2000: 6.9 percent
2001: 7.6 percent
2002: 7.6 percent
2003: 8.7 percent
2004: 9.4 percent
2005: 10.5 percent
2006: 11.3 percent
2007: 12.6 percent

As you can see, the death rate for motorcylce crashes has consistently increased from 5.5% in 1998 to 12.6% in 2007.

Scott Distasio
Tampa auto accident attorney

DISTASIO LAW FIRM
HELPING INJURED PEOPLE
888-595-0022

September 28, 2008

Who is Responsible in a Rear End Collision?

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

September 25, 2008

Motorcycle Accident Claims A Life in Dover Florida

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

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