Tampa St. Petersburg Injury Attorney Blog

Pedestrians beware, cars and trucks are everywhere

Mon, 20 Feb 2012 16:41:03 -0500

You guessed it! One more tax payer funded study was performed and apparently shows that the Tampa Bay area is an dangerous place for pedestrians including walkers and bicyclists. As if we did not know? As if all the stories we hear on the news or read online and in the paper are fictional?

This study was performed by the "Transportation for America" which lists the Tampa - St. Petersburg - Clearwater Florida area as the second most deadly place to be roadside in the United States. Now that is huge. So much for enjoying a nice quiet walk or cycling for a cure. Every time we step near the roadside we are taking our lives in our hands.

When a pedestrian is hit by a car or truck, the pedestrian rarely ever walks away without any injuries, and often suffers permanent fractures and expensive medical treatment and surgery.

The study revealed that Orlando was listed as the most dangerous place for pedestrians to be hit by a car or truck followed by the Tampa Bay area. And to complete the famous top four most dangerous places... wait for it... Jacksonville and the Miami-Fort Lauderdale area.

As you know, all of these cities are heavily populated with locals and tourists. The chances for something of this nature to happen is extremely high considering that our state's climate is tropical the with the exception of brief winters. With this in mind, the number of months that we cycle and enjoy nature with a stroll or power walk is going to be higher than other states.

Nationwide, the number of pedestrians being killed by vehicles has increased steadily. The study shows that a pedestrian is hit by a car or truck every seven minutes. The report found numbers that led to over 47,700 deaths and 688,000 injuries between 2000 and 2009.

The majority of those deaths happened along "arterial" roadways, according to the research. These roads were designed for speeding traffic. These types of roads have few provisions for people on foot, in wheelchairs or on bicycles.

The report found the worst cities for pedestrians as follows;
Orlando/Kissimmee, Florida
Tampa/St. Petersburg/Clearwater, Florida
Jacksonville, Florida
Miami/Fort Lauderdale/Pompano, Florida
Riverside/San Bernardino/Ontario, California
Las Vegas/Paradise, Nevada
Memphis, Tennessee
Phoenix/Mesa/Scottsdale, Arizona
Houston/Sugar Land/Baytown, Texas
Dallas/Fort Worth/Arlington, Texas

Sources:
www.baynews9.com/article/news/2011/august/297624/Bay-area-secondmost-dangerous

Clifford K. Wells, P.A.is a law firm which handles personal injury lawsuits for people who are injured St. Petersburg, Tampa, Clearwater, and the surrounding areas of Florida.

The best closing argument of all time

Mon, 10 Oct 2011 17:37:15 -0500

Todays' blog is paying homage to in my opinion one of the greatest closing arguments of all time. It was giving in 1870 in a lawsuit regarding a dog which was shot by a neighbor. Although it has little to do with personal injury specifically, as a lawyer I study speeches like this one and I hope you all enjoy it:

George Graham Vest speaking:

"Gentlemen of the jury, the best friend a man has in this world may turn against him and become his enemy. His son or daughter whom he has reared with loving care may prove ungrateful. Those who are nearest and dearest to us -- those whom we trust with our happiness and good name -- may become traitors in their faith. The money that a man has he may lose. It flies away from him, perhaps when he needs it most. A man's reputation may be sacrificed in a moment of ill-considered action. The people who are prone to fall on their knees to do us honor when success is with us may be the first to throw the stone of malice when failure settles its cloud upon our heads. The one absolute, unselfish friend that man can have in this selfish world -- the one that never proves ungrateful or treacherous --is his dog.

"Gentlemen of the jury, a man's dog stands by him in prosperity and poverty, in health and sickness. He will sleep on the cold ground, where the wintry winds blow, and the snow drives fiercely, if only he can be near his master's side. He will kiss the hand that has no food to offer; he will lick the wounds and sores that come in encounter with the roughness of the world. He guards the sleep of his pauper master as if he were a prince. When all other friends desert, he remains. When riches take wings and reputation falls to pieces, he is as constant in his love as the sun in its journey through the heavens.

"If fortune drives the master forth an outcast in the world, friendless and homeless, the faithful dog asks no higher privilege than that of accompanying him to guard against danger, to fight against his enemies. And when the last scene of all comes, and death takes the master in its embrace, and his body is laid away in the cold ground, no matter if all other friends pursue their way, there by his graveside will the noble dog be found, his head between his paws, his eyes sad but open in alert watchfulness, faithful and true even to death."

I hope you all enjoyed this. Senator Vest utilized a perfect closing argument format. I still have a hard time reading it aloud without crying.

Clifford K. Wells, P.A.is a law firm which handles personal injury lawsuits for people who are injured St. Petersburg, Tampa, Clearwater, and the surrounding areas of Florida.

Malfunctioning signals and a fiery crash in Temple Terrace

Mon, 01 Aug 2011 16:41:06 -0500

When practicing personal injury law in Florida, we often come upon times when the traffic signals are damaged or broken. It would seem that everyone knows to use extra precautions during those times. You must slow down, you must give the right-of way to someone else in the intersection first. However, as my time in court has taught me, people don't always do what they are supposed to.
Another problem that comes up is that at times, when a person loses their life in a crash, it is up to witnesses, nearby video cameras, and the scene to prove who was and wasn't at fault for a crash.
When going through the news, I heard about a recent crash involving what may have been malfunctioning traffic signals in Temple Terrace, Florida. A young female driver was driving her Volkswagen Jetta on Fowler Avenue like any other normal day. She was going eastbound and trying to turn left onto Raintree Drive. It was during that moment when she was broadsided by a Honda Accord, according to Temple Terrace police officers and declared dead at the scene according to police Capt. Greg Pauley.
The young lady was a 30-year-old woman who died early Tuesday morning in a car crash that caused the Honda Accord that hit her to burst into flames that ultimately blocked Fowler Avenue for several hours.
The Honda Accord driver was John Feiga, 21. He was taken to Tampa General Hospital. His condition was listed as serious.
Both vehicles were not recognizable in the aftermath of the crash. The Jetta that the young lady was driving, had ejected the engine due to the impact and lay on the ground nearby. What caused the crash is still being investigated.
According to police, the intersection had flashing yellow lights in both directions thus causing both cars to have been facing them simutaneously. The speed limit in the area on Fowler is 50 mph.
Meade may have just left work and was heading home before the crash occurred. According to people who knew her, she worked at Tally Ho Pub Bar and Grille on 56th Street, south of Temple Terrace.
The decedent's stepfather said she had majored in business, marketing and dance at the University of South Florida in Tampa and was finishing her last week of work and was planning to move back to Coral Springs with he and her mother.
"She was a great, fun-loving young woman," he said. "She was the sunshine of everyone's life."
Records show that Feiga, who was driving the Honda Accord was driving west on Fowler at the time of the collision, has no traffic or criminal violations in Florida. While the decedent had been arrested for driving under the influence of alcohol in 2002, and had other traffic violations including following too closely in 2007, police said that they did not think alcohol played any factor in Tuesday's fiery crash.

Safety Harbor Florida Bicyclist downed in crash with truck; 7/26/11

Tue, 26 Jul 2011 12:14:41 -0500

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.

Slip and falls escalate in 2011

Fri, 22 Jul 2011 15:51:51 -0500

Plaintiff personal injury attorneys and our experts rely heavily on statistics for everything from slip and falls, which fall under "premises liability" to automobile collisions. One of the greatest provider of unbiased statistics on injuries and their causes comes from the Centers for Disease Control (CDC). The CDC estimates that Americans involved in slip and fall accidents have eclipsed the million per year mark.
The study reflects that Americans suffer a slip, trip, and fall injury and well over 17, 000 people actually die in the U.S. annually because of these injuries. Slip, trip and fall injuries make up approximately 15 percent of all job related injuries. This accounts for between 12 and 15 percent of all Workers' Compensation expenses.
Slip and falls are the No. 1 cause of emergency room visits.
In Florida, business owners have to keep their property reasonably safe for their customers which includes warning them of nonobvious dangerous conditions and to use ordinary care in the operations of the property AND to make reasonable inspections to discover dangerous conditions and make them safe.
Your ability to win in a civil suit will depend your ability to prove that the business owner failed one of those duties and also that your injury happened at a business.
If you are involved in a slip and fall, the first thing to do is take a picture of the defect, foreign object, or whatever you tripped or slipped on. If need be, you can even use a cell phone. See if there is anything that indicates that the object you fell on has been there for an unreasonable amount of time. A business is not automatically liable for a fall caused by another guest. You may need to show that the thing you slipped on had been there long enough that a reasonable inspection would show it up.
Second, if there are any witnesses that saw the incident, get their names, addresses and phone numbers. DO NOT rely on the business employees to keep witnesses' contact information. They will not.
If you do not need an attorney because you heal completely, getting these small things never hurt. If you do need to make a claim against the business, you will not be dealing with them, you will be dealing with their insurance company which will make you be able to win at trial prior to paying out a claim.
If you have suffered from a similar situation and wish to consult with an attorney in your area, the Florida Bar Association has lists of all licensed attorney's as well as their specialties of law. Picking the right attorney can make the world of difference in your case as well as assist in making sure your injuries and medical bills are well taken into consideration.
Make sure to ask any attorney you speak with about their education, background, how many cases they handle per attorney at one time and how often they actually go to trial.
Clifford K. Wells, P.A. is a law firm which handles personal injury lawsuits for people who are negligently injured in Tampa, St. Petersburg, Clearwater, and surrounding areas of Florida.

11 year old girl crashes SUV in Brandon, Florida

Wed, 20 Jul 2011 11:50:28 -0500

From time to time, personal injury attorneys have to deal with property damage resulting from car crashes. While small property damage cases are typically be handled without an attorney because the damage is measurable, from time to time, when the damage the crash caused is extensive, we are needed to get involved. From time to time, you hear about people running their cars into a place of business or a house. The same rules of car crash liability apply; if you are allowing someone else to drive your car, you are liable for all the damage done by the person who is in charge of that car when it crashes into property. That rule flows "downstream" as well. If the person you loan your car to, then loans a car to someone else, say an eleven year old girl. You and your insurance are still on the hook.
Todays blog is about an interesting crash in Brandon on July 20, 2011.
Whatever the real reason was, we will never know. But what we do know is that Donald Leet told deputies he was teaching his girlfriend's 11 year old daughter how to drive.
The girl managed to crash her mother's sport utility vehicle into a water pipe at the First Baptist Church of Brandon about 7:30 p.m. on Tuesday night according to Hillsborough County Sheriffs office.
The 11 year old girl as well as another 7 year old girl who was in the back seat were screaming and crying as they climbed out of the driver's window. Deputies witnessed the girls in hysterics as well as the water shooting about 50 feet into the air.
According to deputies, no one was badly injured but definitely shaken up. Leet had a glass of wine with dinner and his driver's license was suspended.
Leet told deputies who were on the scene that he had allowed the girl to drive because he had a suspended license and a glass of wine.
"You are going to make me lose my job," Leet told deputies, and added: "Why don't you arrest a rapist or murderer instead of me. You're an illiterate Southerner. You don't know anything. You only have a high school diploma. You're dumb."
Yet he was the one who let an 11 year old girl drive?
After that, the deputies arrested Leet of Apollo Beach on two counts of child neglect. He was released early Wednesday on $4,000 bail.
This could have ended tragically as well but thank goodness did not.

Semi tractor trailer collision v. pedestrian v. alcohol withdrawal? Haines City, FL

Mon, 18 Jul 2011 15:19:12 -0500

Yes, negligence can be caused by all kinds of things, radios, text messages. Today's personal injury attorney blog is my first time reading about a semi tractor trailer crash involving a pedestrian which may have a contributing cause being "alcohol withdrawal."
Willie Don Surles, 51, of Haines City was supposed to be safe in a hospital room. According to family members, he had suffered seizures due to alcohol withdrawal. Where he was found at around 4 a.m. on Monday morning was not in the hospital where he belonged, but on the side of the road after being hit by a tractor trailer.
According to deputies, a witness stated they saw a man running west across Highway 27 from what appeared to be a Publix parking lot. The witness saw the victim run straight into the direct path of the truck but did not witness the impact of the two.
It was not until later that day when a 56-year-old man was watching the news reports that he realized that he was the one whom had hit Surles with his tractor trailer. He told deputies he thought he hit some sort of object with his tractor trailer. It wasn't until he heard it was a person that he came forward and reported it to the deputies. The sheriff's office says the truck damage was consistent with evidence from the scene. Deputies say the driver is cooperating fully with the investigation.
Hospital officials say Surles pulled a knife on a nurse and ran out of the hospital. His life was abruptly ended when his escape landed him straight into the path of the tractor trailer.
According to Surle's wife, she says the hospital should have done more to keep him safe. This does not look to me like a what I would consider a "strong" argument for liability on behalf of the hospital, but then, I don't know a lot of details.
Regarding the collision, the report does bring up some other questions. I, like you, have a certain amount of skepticism every time a person says the hit someone and not know about it. In Florida if you are involved in a car accident that injures a person or animal or results in damages to another person's property, it is illegal to leave the accident scene without first calling police. It makes no difference that the accident was not intentional and the crime, called hit and run can result in serious consequences, ranging from high fines to prison time or both.
Hit and run laws differ by state of course. A first-time offender whose hit and run accident caused damage to another persons vehicle will usually be required to pay the victim for damages. This often is covered by a person's insurance. In certain states such as Florida, where insurance points are assessed, a high number of points will be tacked on for hit and run accidents causing your insurance rates to sky rocket for years to come.

Drug dealing and driving leads to a crash in Saint Petersburg, Florida

Fri, 15 Jul 2011 14:03:22 -0500

All of the personal injury attorneys I know in Florida all preach the same thing to our friends and families... please make sure you have UM coverage on your automobile insurance policy. Today's blog is yet another story with that main theme.
In a wrongful death claim such as the one I will summarize for you below, there are many questions that instantly pop into the mind of the personal injury attorney reading about it: Was the person who caused the collision insured? Who's car was she driving? Was the car's owner? What were the automobile insurance policy limits? Is there some obscure insurance exclusion which will give the insurance company a way out of paying on their insurance contract? Whatever those policy limits are, they will soon be exhausted. After those are exhausted, I wonder if the person killed in the collision had UM (underinsured motorist) coverage on his automobile insurance policy? Are there more obscure locations of insurance for the at-fault driver?
I have found, sometimes, that a person who causes a crash may still be covered under their parents or resident relative's policies, but that is one part of your personal injury attorney's job; to find the coverage.
This collision occurred A Naples working mother of three young daughters, Stacy Lynn Naples was supposed to be driving her 5-year-old nephew home on Wednesday night. Instead of doing that, news reports indicate that she instead took her nephew to a drug deal while she was babysitting him. That's right. I said drug deal.
As in, she took her 5 year old nephew to exchange drugs for money.
She was supposed to also drive the child back to his mother, but that didn't happen either. Now not only does she face multiple charges, but has managed to take the life of Richard Trompke as well as injuring his passenger. .
With a long history of traffic violations including not having a valid driver's license for a decade, she was still behind the wheel, still driving erratically, and running stop signs. The kicker is, the children were passengers during all of this, endangering their lives as well as Trompke paying the ultimate price when she ran a stop sign and slammed into the side of his 2001 Kia Optima during a high speed chase with the police.
The cause of the high speed chase? News reports say it was a drug deal gone bad. When Police observed Michelle Cruz, 41, get into the backseat of Naples' car at the exchange location of 34th Street and 47th Avenue. Isaiah, the nephew- sat up front, without a restraint. After questioning, Michelle Cruz

Two Linux Buses - Two Bus Crashes in Orlando, Florida

Wed, 13 Jul 2011 12:02:20 -0500

Today's personal injury blog is about an interesting story out of Orlando, Florida. Usually, scary moments are not what we should encounter when we hop the bus, but for some passengers on board, not one, but two LYNX buses scary moments are exactly what they encountered during two separate accidents in the same day. I have in fact been forced to file suit against a number of various bus companies in my years as a personal injury attorney, I have never had to sue LYNX. While in these collisions, it appears that the bus drivers had done nothing wrong and were not at fault for causing the crashes, but bus crashes do bring in their own set of issues for personal injury attorneys.

If you are in the unfortunate position of being struck by a bus, you soon find out the effect of the difference in weight between a car and a bus or semi will have on you. To make a very long story short, more energy is transferred into your body, so it hurts you worse.

One issue in bus collision law that not everyone knows that that often times, bus companies, such as PSTA we have in Pinellas County enjoy limited liability of a government branch. Even if the bus driver does injure you, you will only be able to recover $200,000 no matter how bad your injuries are. While this seems like a lot of money, just remember that same cap applies if there is more than $200,000 in damages! Importantly, attorney's fees are also limited to 25%. The practical effect on this is that most aggressive lawyers will not even represent you unless the case is a "slam dunk" and there are significant injuries.

In the cases at hand, however, it appears that the buses were rear ended by cars, and both involve numerous personal injuries to the occupants. While it may seem hard to believe that a car can ram a bus hard enough to cause injuries to the occupants, read on. It happens. Bus occupants are not facing forward and do not have to wear seat belts.
According to reports, the first collision occurred at the intersection of North Orange Blossom Trail and Rosamond Drive. In that crash, a car crashed into the back of the bus when it stopped to unload passengers.

I hear from the news that eight passengers were treated for minor injuries. The driver of the car was not so lucky, being taken to Florida Hospital in serious condition. He faces careless driving.

The second crash involved six passengers being treated for injuries and occurred at OBT and Fudge Road.

According to reports this too involved a vehicle rear ending the bus and was so serious that firefighters had to cut open part of the car in order to for the driver and his passengers to be freed.

Motorcyclist killed in crash in Clearwater, Florida. 7/10/11

Sun, 10 Jul 2011 11:29:38 -0500

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/

Seniors behind the wheel in Saint Petersburg, Florida

Fri, 08 Jul 2011 05:37:25 -0500

As a personal injury attorney who specializes in car crashes, I too had to make some gentle adjustments when I moved to Florida in 2001. As you can imagine, I do see far more personal injury cases involving elderly as my midwestern injury attorney counterparts.

The fact is that Florida has the highest percentage of people who are 65 or older. That is approximately 17 percent of the Florida's population. And as more baby boomers move to Florida to retire that figure is expected to reach far more than 25 percent. You know what that means? It means more seniors behind the wheel and more defensive driving needed by the younger driver's.

There is a bright side though to all of this says the FHP. They apparently are already taking steps to minimize the risks. Risks that come along with the influx of senior drivers, including using special suits designed for younger drivers to simulate the elderly driving experience to help them understand what they are up against.

Capt. Mark Welch said "The family members can actually see those changes and they can help," he said. "It's a tough call, but there comes a time where Grandma or Grandpa might not be driving any more."

He has high hopes that more people will be aware of the impact of seniors' declining vision, reaction time and awareness.

Due to our modern medicine, people are living longer. Even though elderly drivers might be capable of driving well into their 80s and even 90s, doesn't mean their bodies won't feel the effects of aging. Even if the older generation may still be sharp and witty, the physical changes to their bodies such as tightening muscles and arthritis, can be difficult to and challenging to them. What used to come easy now is a task.

Automakers such as Ford Motor Company have stepped up to this senior challenge and are currently changing some of the vehicle to assist the elderly. For example, Ford is showing off an entire portfolio of senior-friendly features, including adjustable pedals and bolder type on dashboard controls.

Those changes are a direct response to what officials in Florida have flagged as hurdles to keeping the elderly safe behind the wheel.

"We're hoping to approach it through the lens of a universal design, that if we can find ways to make it easier to respond to oncoming traffic, to see out of your rear view mirror, to be alerted to cross-traffic, collision or other obstacles, that we do it in a way that works well if you're 16 or 61," Ford spokeswoman Sheryl Connelly said.

The Florida Department of Transportation is also preparing for the increase in elderly drivers by starting to widen roadway striping and doubling the number of reflectors that help divide lanes. The increase in reflectors will assist the elderly in driving at night.
The Florida Department of Motor Vehicles has also made stricter requirements for senior drivers. By placing restrictions on the drivers licenses, ensures that they are driving within their abilities.

In addition to being a convenience and an enjoyable activity for many people, driving is also a symbol of one's independence. As we age, there are a numerous factors that can affect our driving skills, and hinder our ability to safely operate a motor vehicle. The Florida Department of Highway Safety and Motor Vehicles wants older drivers to maintain their driving independence as long as they continue to drive safely and confidently.

Due to the increase in the senior drivers, the chances for accidents also increase. In the event that you should encounter an unfortunate accident, make sure to follow the steps of securing the proper information for yourself.

Longboat Key, Florida para sailor dies

Wed, 06 Jul 2011 05:14:25 -0500

This is the second time in a year that a tourist has died in a parasail accident off Florida's west coast. The safety of Florida's parasailing brings up numerous issues for personal injury attorneys. Any time someone is injured on the water there are perils awaiting the unsuspecting personal injury attorney. There are occasions where maritime law will control to shorten the statute of limitations, so beware!

While parasailing may seem safe (after all that does look like a sturdy rope), they just cant seem to stop injuring people. They claim they inspect their gear. They claim they are complying with all the regulations, but every couple years, someone is hurt or killed off our Florida coasts.

Importantly, a parasailing boat can incorporate each individual boat to limit the personal injury liability for negligence of the captain, crew, or maintenance to that boat and that particular insurance policy.

According to the Florida Fish and Wildlife Conservation Commission, David Richard Sieradzki, 31, of South Carolina died about a mile off Longboat Key on Monday after the boat he was parasailing from lost speed and the parasail floated down into the water. Sieradzki fell from as high as 800 feet at an unknown speed, according to the Coast Guard.

Wildlife commission spokesman Gary Morse said, Sieradzki was in the air when the boat called "Almost Heaven" experienced a problem that stopped the propellers from spinning, "What we do know is that he landed in the water just fine, but something happened to cause him to die once he was in the water," Morse said. "He did not come down hard."

Morse said Sieradzki was wearing a life jacket and waving his hands in the water. Crew members pulled Sieradzki back to the boat by hand. According to the Coast Guard, Sieradzki was likely unconscious by the time he actually got back to the boat, The crew performed CPR on him until the Coast Guard arrived about 5:48 p.m. The Coast Guard then continued CPR where he was taken to Coquina boat ramp on Anna Maria Island. Manatee County emergency workers declared him dead about 5:55 p.m. Investigations are ongoing.

The first parasailing accident took place along Clearwater Beach where Alejandra White, a 27-year-old tourist from Georgia, was killed in September. She also was killed parasailing along Clearwater Beach due to the rope snapping. White's fiance', Shaun Ladd, also was injured. This investigation is also still ongoing.

A bill was proposed by Legislators this year, named after White, that would have established state oversight of the commercial parasailing industry but the bill failed. Now we have another accident on our hands and yet another fatality.

There were eight people, including two crew members, aboard the 28-foot commercial parasailing vessel. The vessel belongs to Fun & Sun Parasail with a John Crews as captain. "Almost Heaven" is an uninspected vessel, which means that the Coast Guard does not check it. Parasailing apparently is not regulated.

The boats passengers included Stephanie, 32, who is Sieradzki's wife, and family, said father-in-law Bud Hazel, 57, who lives in South Carolina. Hazel said his daughter and Sieradzki were in Florida with family on vacation. "They wanted to parasail together, but for some reason the boat wouldn't pull them both, he said. So Stephanie went first and Sieradzki went next. That's when the boat quit."

Hazel said Sieradzki was a lot of fun and always wonderful to his daughter.
"He was the perfect son-in-law," he said.

The hearts of those of us at Clifford K. Wells, P.A. go out to your families.

Teens killed in fatal Tampa car crash

Tue, 05 Jul 2011 04:46:56 -0500

As a personal injury attorney, you see a lot of what can change in an instant. Again, and again, every crash gets categorized into the framework of liability and damages.

Last week, news reports indicated that Alicia Dawn Shaheed, 18 , of Morgantown, WV, was killed and three others were airlifted to Tampa General Hospital in a crash that happened just before 10 p.m. Wednesday evening. According to officers, five teenagers were in a Toyota Solara that exited I-4 and were trying to turn left at Columbus Drive. A Mazda being driven by Randolph W. De Sylvia, 19, of Tampa, smashed into the Toyota, rolling it into a ditch across the road. De Sylvia sustained minor injuries. According to officers, the 19 year old De Sylvia, the driver of the Mazda, did not have a drivers license.

In a situation like this, where numerous youngsters lives are turned upside down, it begs a common question; what is my exposure when I loan my car to my child?

In Florida, a car is considered a dangerous instrumentality. Similar to a gun. If you lend it to another person, and that person negligently injures people, you are automatically (vicariously) liable for all the damages caused, past, present and future.

In this crash, one of the victims, Dawn Shaheed, was riding in the back of the Toyota and died at the scene. The other passengers in the backseat of the Toyota, Kalima Haneef, 20, of St. Petersburg, and Shontae Shaheed, 19, of Morganton, WV, were taken to Tampa General Hospital with life-threatening injuries. The driver of the Solara, Chaz Yount, 20, of Tampa, did not sustain injuries. Yount was apparently driving with just a learner's permit.

The front seat passenger in the Toyota, Naquan Yancey, 17, of Tampa, sustained life threatening injuries and was transported to Tampa General Hospital, as well.
As of Thursday afternoon, Kalima Haneef and Shontae Shaheed were in fair condition. Naquan Yancey was in critical condition.

The westbound lanes of E. Columbus Drive at the exit ramp from Interstate 4 to Columbus were closed for hours as crews responded to the crash. Officials said the crash still remains under investigation.

Motor vehicle crashes are the leading cause of death for U.S. teens, accounting for more than one in three deaths in this age group.1 In 2009, eight teens ages 16 to 19 died every day from motor vehicle injuries. Per mile driven, teen drivers ages 16 to 19 are four times more likely than older drivers to crash.

Who is most at risk?

Workers Compensation Law and Workplace Injuries

Sun, 03 Jul 2011 16:11:23 -0500

The first thing we should all be aware of is, workers compensation is a no-fault system. It is designed to provide benefits to employees while protecting employers from lawsuits. By side stepping the court system and the need to prove fault or negligence, the entire process is considerably streamlined when compared to other personal injury cases. On the other hand, your benefits are also diminished tremendously. If you are hurt on the job by someone other than your employer or co-employee, you may also be able to have a personal injury suit at the same time as your worker's compensation claim. It is important to speak to a qualified personal injury attorney to review your case for this scenario.
Workers compensation claims are typically limited to medical benefits and partial compensation for lost earning potential. Each state has its own laws and regulations.
Generally, workers compensation claims are good for 50 to 70% of the worker's wages, and often include extensions of benefits normally tied to employment. Extreme cases may result in permanent or partial disability being claimed, resulting in a permanent stipend.
There are broad categories of claims acceptable in most states. These can include:
-aggravation of pre-existing conditions (such as a back injury or carpal tunnel syndrome);
-injuries sustained on company property or at a company sponsored activity (such as a company picnic);
-even injury caused by company owned assets like chairs or a coffee maker can qualify.
More serious cases include diseases triggered by exposure to hazards while on the job, such as benzene, asbestos or silica dust.
While mesothelioma is one extreme example of this, others include rashes brought on by exposure to cleaning chemicals, and hyoid functional disorders caused by exposure to gasoline.
Workers compensation law typically doesn't cover injuries sustained from horseplay at work or injuries sustained while operating equipment in an impaired state. Likewise, only a few states provide coverage for employees injured while travelling to and from work, unless that transportation is provided for by the employer.
If you feel you have an injury claim, follow the usual procedure within your company - report it to your employer (including the scope of the injury and where it was sustained), then fill out a claim form.
Be certain to file the claim form as soon as possible! In some states, your failure to notify your employer in writing can cut off your claim for workers compensation forever.

Product liability law in Florida

Thu, 30 Jun 2011 14:35:50 -0500

Product liability is the area of law in which an injured person holds manufacturers, distributors, suppliers, retailers, and others who make products available to the public are held responsible for the injuries those products cause. Although the word "product" has broad connotations, product liability attorneys practice in product liability as an area of law, which is traditionally limited to products in the form of tangible personal property.
There are three types of product liability we can encounter. They are as follows; manufacturing defect, design defect, a failure to warn (also known as marketing defects).

Manufacturing defects are those that occur in the manufacturing process and usually involve poor-quality materials or shoddy workmanship.

Design defects occur where the product design is inherently dangerous or useless (and hence defective) no matter how carefully manufactured. This may be demonstrated either by showing that the product fails to satisfy ordinary consumer expectations as to what constitutes a safe product, or that the risks of the product outweigh its benefits.
Failure-to-warn defects arise in products that carry inherent nonobvious dangers which could be avoided through adequate warnings to the user, and these dangers are present regardless of how well the product is manufactured and designed for its intended purpose.

Products liability lawsuits are often class actions. This is a kind of civil lawsuit against the maker of a product, which claims that a person or group of people were injured or damaged by a product that was defective or not suitable for the use it was advertised for.