Tampa St. Petersburg Injury Attorney Blog

In the decade I have spent here in Florida practicing as a personal injury attorney, I have spent a lot of my time representing people injured in bicycle wrecks. So much so, that I have devoted a page of my site to nothing but bicycle versus automobile collisions.
While the rules of liability (who is at fault) apply to bicycle crashes similar to crashes with cars and pedestrians, I have noticed that the injuries in car-bicycle crashes just tend to be much worse.
News outlets are again reporting this week that another cyclist has been hit in Safety Harbor, Florida. The bicyclist is listed in serious condition after a sanitation truck rolled over the rider.
The accident occured at the intersection of 1st Avenue North and 6th Street North at 11:30 a.m. on Tuesday, July 26, 2011.
According to Pinellas County Deputies a man named Alexander Aponte, age 19, was busy riding his mountain bike on the sidewalk like others do, minding his own business right along the west side of 1st Avenue North approaching 6th Street North.
The City of Safety Harbor's sanitation truck driver was Eric Davis, 44. He was traveling southbound on 1st Avenue North when he entered the intersection and made a right turn which enabled him to head west on 6th Street.
There is no stop sign where the driver of the sanitation truck was located so Davis completed the turn before the cyclist Aponte reached the intersection.
Witnesses on the scene stated that Aponte appeared to go into a panic when he saw the truck causing him to abruptly turn right, taking him right into the path and ultimately crashing into a telephone pole.
On impact, Aponte was ejected from the bicycle flying through the air to land in the roadway directly underneath the truck's rear wheels, which rolled over him.
Davis, the driver of the sanitation truck immediately stopped the truck and called 911. He then proceeded to use first aid on Aponte, who was still conscious but obviouly seriously injured by the accident.
When paramedics finally appeared and responded to the scene, Aponte was transported by the trauma helicopter to Bayfront Medical Center for immediate attention.
The crash is still under investigation and authorities report that no one has been cited at fault in the crash.

Continue reading "Safety Harbor Florida Bicyclist downed in crash with truck; 7/26/11" »

As a personal injury attorney, I spend most of my time allocating fault. Today's blog is actually about a crash in Clearwater on July 10, 2011 which may have been the motorcyclists, fault but it brings up a lot of things to learn about motorcycling safety in general.
Saturday nights are nights that many people look forward to all week. It is a night to get together with friends or family and enjoy their company and unwind after a busy week at the office. For others, Saturday night's are great nights to cruise on their motorcycles and enjoy the summer night air whipping throught their hair and feeling the freedom cruising the strip or back country roads with their favorite toy, their motorcycle.
With that freedom though, always comes a price. For some it's the price of an expensive piece of machinery finely tuned and rumbling, yet for another an unfortunate timely death involving a motorcyclist.
Clearwater Police are investigating a fatal motorcycle accident that happened on Memorial Causeway Saturday night. The location? The roundabout area that we all despise on Clearwater Beach.
Officials say the motorcyclist, was pronounced dead at the scene of the crash between Island Way and the roundabout in the eastbound lanes. Traffic was blocked for several hours following the accident while investigator's, fire crew and other manpower were busy at the scene.
According to witnesses, the motorcyclist was driving well over the posted 30 miles per hour speed limit in a reckless and careless manner. When he was changing lanes, he went airborne over a small bridge at an excessive speed. The motorcyclist then lost control of the motorcycle, struck the median curb, and was ejected from the motorcycle, and impacted a small tree in the median.
Although motorcycles can be fun to ride, there are many unfortunate injuries that can also occur in a accident without a fatality. Listed below are common injuries:
1) The first one of course being collisions with less forgiving protective barriers, or badly placed roadside signs, is often simply a result of poor road design, that can cause one to fall off a motorcycle in the middle of a curve, and create a "wall" of sorts with little chance to avoid slamming against a pole.
2) Concussions and brain damage, happen when the head violently contacts other vehicles or objects. Riders who wear an approved helmet reduce the risk of death by 37 percent studies show.
3) Breakage of joints (elbows, shoulders, hips, knees and wrists), fingers, spine and neck, for the same reason. The most common breakages are the shoulder and the pelvis because of the way the body hits the road.
4) Soft tissue (skin and muscle) damage (road rash) as the body slides across the surface. This can be prevented if you are wearing the proper motorcycle-specific protective apparel such as a leather jacket or reinforced denim and textile pants.
5) And let's not forget disfigurement. This happens in the absence of a full-face helmet or other protective gear, the unprotected skin or even face slides across the ground or smashes into an object. Thirty-five percent of all crashes show major impact on the chin-bar area.
Motorcycle awareness classes are available everywhere to the public. The more a cyclist knows about rules and safety, the better a driver they will be and hopefully avoid some of the mishaps that occur.
http://www.abcactionnews.com/dpp/news/region_north_pinellas/clearwater/

Tampa-

A one year old Tampa baby boy will never again experience the feel of a gentle hug from his father, or a good night kiss on the cheek. Nor will he hear his father's voice reading bedtime stories to him ever again. Why? A tragic DUI car / motorcycle crash that claimed his father's life on April 10, 2010. All because someone named Ronnie L. Henley decided he wanted to drink, and then operate his vehicle with a blood alcohol level 3 times the legal limit causing a devastating car crash resulting in a wrongful death.

No one's life will ever be the same after such a tragedy, but on Tuesday, Circuit Judge David Rimmer sentenced the man that caused all of the suffering. I devote today's blog to applaud Judge Rimmer for holding Mr. Henley accountable.

Henley was convicted of DUI manslaughter, leaving the scene of a crash and marijuana possession and given 20 years in state prison. While this may conclude Mr. Henley's criminal punishment, it is only the beginning of his court woes. If the decedent's family hires a personal injury attorney to represent them for the wrongful death, he may be responsible for the resulting damages as well as punitive damages.

As usual, the limits of money will be set by Mr. Henley's bodily injury insurance coverage in his automobile policy. When those are exhausted, the decedent's under insured motorist (UM) coverage. Under the care of a personal injury attorney, he may have to sign over most of his assets to the family of the man he killed.

Continue reading "DUI manslaughter gets 20 years for car - motorcycle crash in Tampa, Florida" »

Two separate motorcycle accidents occurring on Florida highways this past Memorial Day weekend resulted in a fatality and a life-threatening personal injury, reigniting the familiar motorcycle helmet law controversy.

News outlets report that 40 year-old Eric Von Schnetzer of Tampa died Tuesday morning at Bayfront Medical Center in Saint Petersburg, Florida as a result of critical head wounds and internal injuries suffered during the traffic accident. According to a Pinellas County Sheriff's spokesperson, Von Schnetzer was traveling northbound on Philippe Parkway Monday afternoon when he failed to properly maneuver through a curve just north of Enterprise Rd. Von Schnetzer was not wearing a helmet as he hit the guardrail.

Cheryl Santucci, 54, collided with a curb on Forest Lakes Blvd and was also not wearing a helmet when she was thrown from her motorcycle on Sunday. She remains hospitalized with life-threatening injuries.

Before I go in to the controversy of the helmet law I want to make my personal and legal position clear. While you are not required to wear a helmet if you are properly insured, please do so anyway. I also urge all my friends on motorcycles to buy as much UM (Underinsured Motorist) coverage on their motorcycle policy as they can afford. It will cover you if an underinsured motorist hits you. Insurance is like a gun; it is better to have it and not need it than to need it and not have it. (Citation unknown).

Now back to the controversy:

The propinquity of these recent Florida motorcycle traffic accidents has rekindled the debate surrounding Florida's motorcycle helmet law among attorneys and policymakers. The controversy stems from the State of Florida v. Raynal decision ruling Florida's mandatory motorcycle helmet law as unconstitutional. On December 8, 1995, Pinellas County Court Judge William Blackwood ruled that "Section 316.211, Florida Statutes, is unconstitutional," and added that "the statute is overly vague and fails to give the average citizen sufficient notice of prohibited conduct." The "vagueness" in question originated from an apparent lack of any list or description of which protective helmets met the Federal Motor Vehicle Safety Standard 218 cited in the original statute.

On May 8, 1996, a motorcycle helmet violation case, State of Florida v. Landry, came before Pinellas County Court Judge Radford Smith. Counsel representing Frank Landry argued that the interpretation of Judge Blackwood's previous ruling required no helmet to be worn during operation of a motorcycle. Judge Smith dismissed the charges against Mr. Landry based upon the reliance of the court's ruling in State s. Raynal, thus acting as precedent and essentially deeming the helmet law is unenforceable in Pinellas County.

This decision was celebrated by many motorcycle riders not just as a small victory, but as an act of retaking some of the freedom that initially attracted them to the motorcycle culture.

Opponents, however, were angered by the ruling and cited the anticipated cost impact on taxpayers resulting from the inevitable rise in future motorcycle-related injuries.

Before going any further, it is important to understand that the freedom not to wear a helmet applies only to a "person who is covered by an insurance policy providing for at least $10,000 in medical benefits for injuries incurred as a result of a crash while operating or riding on a motorcycle," according to the amended statute.

While this amount of coverage is satisfactory for lawmakers, those who face motorcycle injuries everyday have other perceptions. The law we have now in Florida requires helmetless motorcyclists to have a $10,000 personal injury protection insurance policy," Dr. Lawrence Lottenberg, director of trauma and critical care at Memorial Regional Hospital in Hollywood, Fla. says; "we'll use $10,000 in the [trauma] room in 20 minutes." Recent studies in the Journal of Trauma Nursing show that the average medical cost for helmetless riders involved in accidents is $55,000 and that two thirds of all bikers involved in accidents had no insurance at all.

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Continue reading "Motorcycle crashes in Florida rekindle the helmet law" »

Saint Petersburg, Florida has officially made an agreement to allow a company to install traffic cameras in a stated attempt to decrease traffic crashes related to people running red lights.

Whether you are the type to think of the cameras as big scary brother, or a safety net, there are a number of issues which come in to play. As a Florida personal injury attorney, the issue begs questions other than the ones the public sees.

MY PERSONAL POSITION AS A PERSONAL INJURY ATTORNEY:
As of the date of this blog my personal opinion is that I like the cameras. Many of my personal injury crashes include defendants who run red lights. The defendant's insurance company eventually hires an attorney to:
a) deny it was he who ran the light,
b) deny that it was a significant impact, and
c) deny that the impact caused any injuries or if they did.

Here comes the big brother camera to show the jury who ran the light and show the impact. No more lying under oath. I get giddy at the thought of obtaining a commitment under oath of a defendant who claims they did not run a light, then showing the video to a jury. It will happen and I cannot wait.

Continue reading "St. Petersburg traffic cameras to fend off car, motorcycle and truck crashes" »

1) Immediately after a car, truck, motorcycle, semi/tractor trailer crash, move yourself and your passengers out of harm's way. Safety is of course the first thing to worry about. If you can safely leave your automobiles where they came to rest after the crash, however, it will give you benefits of being able to take photographs which are valuable to a personal injury attorney you hire later.

2) Assist anyone who was injured in the collision. Call an ambulance if necessary. Remember, the cars aren't going to move (usually) and delaying in emergency treatment after a collision can actually increase injuries. Watch how the others behave after the crash. Motorist's behavior after a crash sometimes gets into evidence, and it often angers or pleases jurors.

3) Call the police - this may be necessary to make an insurance claim. While this may not get into evidence, it will often help your attorney negotiate for you later. If someone requests that you do not call the police, respectfully let them know that your insurance probably requires it. The fact is that the people who ask you not to call police have negative motives, even if they seem honest.

4) Get the name, address, phone number, and license number of the other driver(s), car(s) involved in any way in the crash. Get contact information for ALL WITNESSES who saw the crash or even if they came afterwards to see how the cars came to rest or how people behaved after the collision. Do not rely on the police to do this. While most of our police are diligent in executing their jobs, I commonly frustrated when police do not adequately review the information in front of them prior to giving tickets. I am also frustrated when police decide not to include all the witness names and information on their traffic reports. There is no explanation other than laziness.

5) Exchange insurance information. It will save your personal injury attorney (therefore you) time later.

6) Take photographs of all vehicles and where they are in relation to surrounding areas. Make sure to include photos from different distances and directions including from the side of the road to close-ups showing damage to all the cars. Use your cell phone if necessary. If you do not have a cell phone or a camera, you may be able to get a Samaritan to take some and email them to you on the spot. Or you can call a friend nearby to have them bring one out to you. Digital photos are fantastic because your personal injury attorney will be more able to blow them up for exhibits later at trial or negotiations.

Continue reading "What To Do After An Automobile Accident In Florida " »

A motorcyclist named Robert Ross's life was cut short late last week when a pickup pulled out in front of him in Saint Petersburg, Florida. Unfortunately, this type of crash is all too common not only in St. Petersburg, but across Florida.

Although we see motorcyclists every day, people simply do not pay them enough attention, pulling out in front of them and causing the inevitable crash. There are about 8,313 crashes like this per year in Florida and about 7,435 result in injuries to the motorcyclist. 317 of those are fatal.

Usually, the fault lies with the driver of the car or truck, and the most common type if crash with motorcyclists are just like this one, where the automobile pulls in front of the motorcyclist, not giving it enough time to stop or take evasive maneuvers. This type of situation gives rise to a wrongful death claim for the motorcyclist's family.

News outlets are reporting that in the Ross crash, Mr. Ross laid his bike down either attempting to swerve or intentionally to lessen the impact, but it was a truck that had pulled in front of him so it appears that he and his motorcycle wound up underneath the truck.

As a motorcycle rider since I was 12years old (a little old 1979 Honda 125 enduro), I have had my fair share of drivers pull in front of me, however I have always been fortunate enough because I did have just enough time to swerve around them. As I grew up I eventually graduated to heavy cruisers, but the close calls continued.

The fact is that a car is capable of pulling out in front of a motorcycle leaving nothing that even the best rider in the world can do. (CONTINUED)

Continue reading "Motorcycle Truck Crash in St. Petersburg and Resulting Wrongful Death - May 14, 2011" »