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Diminution of Value to Your Vehicle Following an Automobile Accident
Common Myths About Auto Accident Cases
Considerations for Consumers When Rejecting Uninsured/Underinsured Motorist Coverage
Why You Must Not Allow Your Shrubbery to Grow into A Public Right-Of-Way
Is the property owner required to pay your medical expenses and damages when you fall?
Protegiendo a los Niños en las Piscinas
¿Que Dice Las Reglas en La Florida Sobre Pasar Los Autobuses Escolares?
Failure to Recall Prior Physical Complaints and Treatments... Does It Mean Dismissal of Your Case?
Is There a Defense Strategy on Motions to Dismiss for Fraud?
Surveillance - Should It Concern You?
Causes and Symptoms of Subdural Hematomas (Brain Hemorrhage) Caused by Traumatic Injury
The St. Petersburg Times reports that Largo police are looking for a hit and run driver that struck and killed a man late Thursday evening. The pedestrian was trying to cross Walsingham Road when struck. Police are looking for a black or blue SUV.
As reported previously on Tampa Bay Injury Lawyer Blog, pedestrian accidents are unique types of cases for personal injury attorneys. Issues such as comparative fault, and automobile coverage must be considered early in the case. Anyone whose loved one has been the victim of a pedestrian accident should seek the advice of an attorney experienced in handling these types of claims to have their questions answered. The attorneys at The Law Office of James W. Dodson, P.A. have experience with these types of claims and are available to answer any questions one might have related to pedestrian accidents.
About the Law Offices of James W. Dodson
The attorneys at the Law Office of James W. Dodson, a Tampa car accident law firm, have over 20 years of experience and specialize in helping clients with hit and run car accident cases. To learn more, please contact them for a free evaluation or watch their YouTube Clearwater personal injury lawyer video.
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Nationwide, the economic crisis, in particular gas prices, are forcing state and local governments nationwide to trim their budgets. According to CNN, some governments are redirecting funds that were earmarked for other projects into the fuel budget for government vehicles while other cities and municipalities are cutting services like public transportation.
Here in Pinellas County, Florida, budget cuts have forced the Sheriff to cut back on the number of deputies, actually laying off current sworn personnel. This is predicted to have a trickle down effect as the Sheriff has indicated he will cut special patrol programs such as DUI enforcement and dedicated traffic enforcement squads. This shift from proactive to reactive policing could, predictably, lead to an increased number of vehicle crashes, and serious motor vehicle accidents. Of course, the Sheriff’s Office, in conjunction with the local Barracks of the Florida Highway Patrol, will continue to respond and investigate serious injury accidents, especially since past studies have indicated that 3 of the 10 worst intersections in the state of Florida are in Pinellas County.
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Philip K. Howard, chairman of Common Good, a nonprofit, nonpartisan legal reform coalition, recently wrote an article published in the opinion section of the Wall Street Journal. In his article, Mr. Howard puts forth his theories to explain “Why Safe Kids Are Becoming Fat Kids.” The theory is that our nationwide obsession with safety, both to protect our children and to avoid being the subject of litigation, has taken away nearly every opportunity our children have to grow up normal children. Normal meaning active, physical, and curious.
The theory is backed up with scientific/medical opinion from the American Association of Pediatrics, and the Institute of Child Safety, as well as citing some of the more blatant examples of overprotection.
Don’t get me wrong. As a child safety advocate, and personal injury attorney, I do not want to see any child injured, especially catastrophically, but I agree children can and should be allowed get hurt. When a child gets hurt, there doesn’t always have to be someone to point a finger at, or someone that needs to be held liable. Sometimes kids get hurt just being kids. I find Mr. Howard’s perspective interesting in that risk is a normal part of growth, and our overzealous obsession with safety is depriving our youth of this vital stage of development.
About James W. Dodson, P.A.
James W. Dodson is a St. Petersburg personal injury attorney, specializing in Florida child injury advocacy. To learn more about the Law Offices of James W. Dodson, please view their Clearwater injury attorney video on YouTube.
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After the rash of toy recalls during the 2007 holiday season, legislators went to work on passing a law designed to protect children. According to the Associated Press, on July 31, 2008, the Consumer Product Safety Improvement Act was passed by Congress. The bill, H.R. 4040, now awaits the President’s signature although all indications are that he will sign it.
Other media outlets report that manufacturers would be subject to stricter safety tests before their products, especially toys, would be allowed to enter the stream of commerce. Two chemicals that have been the cause of most of the concern have been lead and the chemical used in plastics called phthalates.
Consumer groups and consumer rights lawyers are applauding the bill which also provides:
- Protection for whistle blowers who report hazards.
- Requires the government agency, the Consumer Product Safety Commission, to set up a user-friendly website for consumers.
- Bans 3-wheel ATV’s
In addition to protecting our children manufacturers and distributors don’t want another scene like that of 2007.
More About James W. Dodson
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Canadian health officials are expressing alarm as they investigate a potential link between child suicide attempts and prescription ADHD medication. Health Canada reported 189 incidences of adverse effects alleged caused by atomoxetine, which goes under the brand name Strattera. Of the 189 incidences, 55 were classified as suicide attempts. The company that manufactures Stattera, Eli Lilly Canada, has stated that although 5 million people take the medication worldwide, they will monitor all safety related data and take appropriate action if necessary.
Although Stattera is sold in the United States, the Food and Drug Administration issued a warning in September, 2005, against potential suicidal thoughts in children. Our advice to parents is they should seek the advice of a doctor they trust and a second opinion before making the decision to provide any medication to their children. Additionally with the amount of information available, parents should do some research on their own.
About
At The Law Office of James W. Dodson, P.A., has over 28 years of combined experience handling Clearwater, Florida personal injury cases and lawsuits. We understand that every client is unique and that each wrongful death lawsuit will have a unique set of circumstances to consider.
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Both I and my associate, Sean Conahan, are following an interesting lawsuit filed in New Jersey. The facts are tragic. According to the Complaint, in 2006, a 12-year old boy, Steve Domalewski, was struck in the chest with a line drive. The blow caused his heart to stop beating. He was eventually resuscitated, but not until his brain reportedly had been deprived of oxygen for at least 15 minutes, causing brain damage.
The lawsuit names the bat manufacturer, Hillerich & Bradsby Co.; the seller, Sports Authority; and Little League Baseball, for approving the bat for Little League play in the lawsuit. As child injury advocates and parents, we are following the case closely. As baseball enthusiasts, my son (now grown) having played Little League, and Sean’s children currently playing Little League (with Sean on the local Little League Board), we remain partially conflicted as to what responsibility Little League has. I offer no opinions without knowing all the facts, and as a strong advocate of the jury system, I would support whatever outcome our system of justice determines proper.
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For the second year in a row, there were no confirmed air bag related fatalities among children in the United States. This is according to the biannual report released by the National Highway Traffic Safety Administration (NHTSA). NHTSA, a division of the U.S. Department of Transportation, has been maintaining air bag fatality statistics since 1990.
I believe there are several reasons for this steady downward trend:
1) Parents are more aware and better educated, either through vehicle safety courses or public service campaigns, so they are taking precautions to secure children better, such as putting children in the backseat or utilizing rear-facing child safety seats,
2) Automobile manufacturers are installing switches, both manual and automatic, that turn off the passenger-side airbag eliminating the threat of injury from airbag deployment, and
3) The U.S. Government has taken a proactive approach in investigating accidents involving air bag deployment and continues to compile data that all can use to improve vehicle safety.
As an actively practicing personal injury attorney, I still must caution that air bags alone cannot prevent auto accident injuries, the airbag is only one piece of the puzzle, and works best when combined with proper seatbelt usage, and responsible safe driving habits.
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This wasn’t a case of street racing. There was no showing off; no popping wheelies. In fact the investigation by the Clearwater Police Department indicates that it was just two friends, Harold Davis and Jason Hennis, riding southbound on Keene Road, a major north-south roadway in Pinellas County, when an out-of state driver turned left into their path. The driver then fled the scene.
According to news reports, witnesses followed the driver. The driver, Jimmy Dunn of South Carolina, was eventually stopped and arrested. Mr. Dunn was charged with 2 counts of DUI manslaughter.
People are quick to criticize motorcyclists. I have even criticized certain driving actions before (See July 3, 2008 post on Tampa Bay Injury Law Blog) such as wheelies and street racing on the bridge, but certainly the facts indicate thus far that the sole cause of this incident was the intoxicated driving of the now-defendant, Mr. Dunn. Our condolences go out to the families of all involved, certainly Harold and Jason's families, but also the loved ones of Mr. Dunn who will have to live with knowing Mr. Dunn was invovled in the death of two young people.
Although, criminal charges, and the possibility of a prison sentence, won’t bring back Harold and Jason, at least we can anticipate some form of justice being served as Mr. Dunn faces serious jail time. I don’t know what the automobile insurance requirements are for South Carolina drivers, but certainly the possibility also exists for the survivors of both deceased to bring a wrongful death claim against Mr. Dunn under the laws of the State of Florida.
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Local Tampa Bay area media outlets report another motorcycle fatality in the Bay Area extending what seems to be an epidemic over the last few months. This time, the unfortunate rider was a 20-year old Brandon man who crashed his bike into a wall in the parking lot of a Tampa restaurant, Acropolis Bar & Grill.
Officials from the Hillsborough County Sheriff’s Office conducted the investigation into the accident, which occurred at 11:45 PM on August 17, 2008. What is significant from the news reports is that the rider was not wearing a helmet.
Now, I am an advocate for individual rights, but as a personal injury attorney, I would be remiss of my professional obligations if I did not mention that in the majority of cases, helmet use could minimize or prevent massive head trauma.
The National Highway Traffic Safety Administration has published several studies, available to the public, regarding helmet use and effectiveness, including Motorcycle Helmet Effectiveness Revisited, and Calculating Lives Saved By Motorcycle Helmets. I support any rider who chooses to use of not use a helmet, but I only provide information so that an informed decision could be made. I’m not saying it doesn’t exist, and I haven’t researched the issue myself, but I have not seen any scientific studies against helmet usage. I would be interested in reading whatever information is available, and checking the source. In the meantime, I vote for voluntary helmet use.
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Local Media outlets report that a Clearwater woman, Shannon Fondow, passed away as a result of injuries she sustained in a traffic accident in Tampa. The Florida Highway Patrol reports that the accident occurred Friday, August 8, 2008, and Ms. Fondow was taken to St. Joseph’s hospital in Tampa where she died this past Tuesday.
According to the article posted by the Suncoast News, the motorcycle drove into the rear of a vehicle stopped at the intersection of Hillsborough Avenue and Longboat Boulevard, in Hillsborough County.
As a personal injury attorney and motorcycle rights advocate, I take everything I read in the media with a grain of salt. For example, in this article I presume Ms. Fondow was the operator of the motorcycle and not a passenger only because she is described as a rider, and there is no other mention of another injured person.
Before any conclusions can be drawn about how the accident occurred or who is liable, a more thorough investigation would need to be done, rather than rely solely on the small news story which includes a brief Florida Highway Patrol account. The full traffic crash report would need to be reviewed, and separate witness interviews conducted. These would be some of the initial steps, and then a more detailed investigation could be conducted based on the individual facts of the situation. Even though the general facts may be similar to other incidents, every situation is unique and should be investigated with an open mind before drawing any conclusions.
Our sincere condolences go out to the family of Ms. Fondow.
About the Law Offices of James W. Dodson
With over 20 years of experience, James W. Dodson is a well respected and seasoned Tampa motorcyle accident attorney. To learn more about what sets the Law Offices of James W. Dodson apart, please view their Clearwater personal injury attorney video on YouTube.
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A 50 year-old St. Petersburg man died Saturday, July 26, 2008, after apparently losing control of his motorcycle on Bay Pines Boulevard. According to the St. Petersburg Times, the accident is still being investigated by members of the Pinellas County Sheriff’s Office. Reportedly this was a single vehicle accident, and according to published reports, witnesses observed the motorcycle strike the guardrail several times before the rider was ejected from the bike. The rider was pronounced dead at the scene.
Although all indications are that this was a single vehicle accident, all too often on the busy Tampa Bay roads, motorcycle riders go unnoticed. Due to the nature of the vehicle, motorcyclists usually end up on the losing end of a collision with an automobile.
The National Highway and Traffic Safety Institute has published sound suggestions for both motor vehicle operators and motorcyclists in an effort to get both classes to “share the road,” and hopefully eliminate the number of motorcycle accidents and fatalities on Tampa Bay roads.
About
Personal injury attorney James W. Dodson has more than 20 years experience in representing clients involved in motorcycle accidents in Florida.
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Two people were killed in two separate bay area motorcycle accidents. One young motorcyclist lost his life, while his passenger was seriously injured in an accident that occurred early Friday morning in Largo, Pinellas County. Police continue to investigate this accident which involved a collision with a pick up truck.
Local newsites have reported another motorcyclist was unfortunately killed when he reportedly failed to properly navigate a curve on Kennedy Boulevard near downtown Tampa, and struck the curb, propelling him from the bicycle.
It’s usually difficult to make a wrongful death recovery following a single motorcycle or single vehicle accident unless a defect can be proven with the vehicle or one of it critical components, ie: tires. Chances of recovery in multi-vehicle crashes involving motorcycles are better albeit there are issues of comparative fault a motorcyclist must overcome, typically speed, failure to wear a helmet etc…. Motorcyclists do not have some of the same legal thresholds that automobile operators have. If one has questions about their right to recover following a motorcycle accident, they should consult with an attorney experienced in handling motorcycle claims. Don’t be reluctant to question a potential attorney about their knowledge and experience handling motorcycle claims.
About
The Law Office of James W. Dodson, P.A. is an established, Clearwater Florida based personal injury law firm devoted to representing people injured as a result of someone else’s negligence. For questions regarding a Florida motorcycle accident case, please contact them for a free legal consultation.
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On Monday, July 14, 2008, another Pinellas County motorcycle rider lost his life in a traffic crash. According to the St. Petersburg Times, a young man, Mario Lutchman, of Pinellas Park died when his bike struck the rear of a pickup truck at the intersection of 49th Street, a main north/south artery in Pinellas County, and 62nd Avenue North.
A spokesperson for the Florida Highway Patrol stated that the pick up truck was making a left hand turn at the intersection. As the motorcycle approached the truck, the driver laid down the bike, and the driver was ejected from the bike. The motorcycle proceeded to lodge itself in the truck’s undercarriage where the motorcycle eventually caught fire burning both vehicles.
The Florida Department of Highway Safety and Motor Vehicles has reported a steady increase in motorcycle fatalities and an increase in the number of motorcyclists on the road. Recognizing the increased danger to motorcyclists, the DHSMV has launched a new educational campaign, “Ride Proud, Ride Loud.”
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Effective Tuesday, July 01, 2008, the State of Florida will require all new motorcycle operators to have completed a Department of Highway Safety and Motor Vehicles approved motorcycle rider safety course before they will be allowed to receive a motorcycle endorsement on their license. According to Tampa’s Fox 13, the drivers license bureau offices had unprecedented volume on June 30 as drivers tried to beat the deadline for the new requirement, as well as the increased fees.
This comes following a deadly weekend of motorcycle accidents in the Tampa Bay area in which two riders lost their lives. The first, Arius E. Fayson was killed in an accident on Interstate 75 in Tampa, while the second person, not yet identified, lost his life in an accident on the Courtney Campbell Causeway, one of the bridges that links Hillsborough and Pinellas Counties. Several days earlier a Pasco County motorcyclist lost his life in a mid-week motorcycle accident.
Ironically, the safety course requirement comes during the current gas crisis when many people are considering trading in their automobiles for the more fuel-efficient motorcycles and scooters.
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Two sisters sustained injuries when their 1999 Polaris personal watercraft exploded while they were riding together on the Intracoastal Waterway in Clearwater. The sisters, 16-year-old Tiffany M. Davis and 19-year-old Heather N. Davis were transported to the hospital with non life-threatening injuries on the afternoon of August 24, 2008, a Sunday.
The girls had just been stopped and issued a citation by a deputy for failure to wear their life jackets. They were instructed to return to a boat ramp because they didn’t have identification. The girls were unable to restart the PWC, and the deputy returned to help them. As they tried to restart the vessel, it exploded throwing the girls into the water, while the PWC burned and eventually sank. The deputy rescued the two sisters and transported them to a dock where they were met by emergency medical personal.
With the craft sinking, it will be difficult to determine the cause of the explosion. As a Clearwater Florida personal injury attorney with extensive experience with product liability cases, I always view these stories from a different perspective. For instance, I wonder:
1. If there was a defect in the craft itself,
2. How many hours were on the machine?
3. What specific actions, if any, the deputy took trying to start the engine, and
4. Was proper maintenance done on the craft, it was almost 10 years old.
In the end, the really important thing is the deputy was close by, and the girls were not severely injured.
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A Florida company that distributes tire valve stems manufactured in China, has issued a recall of 6 million of the valves following a defective product lawsuit filed in Florida according to lawyersusaonline. The lawsuit arises from a single vehicle rollover accident and alleges that the crash was caused by a cracked tire valve stem.
The accident was not unlike the rollover type that garnered so much attention several years back involving Firestone tires. Rather, this accident is alleged to have occurred when the tire quickly lost air pressure and the rim cut through the rubber. The rim subsequently cut through the rubber, causing a major portion of the tire to fly off. This caused the driver to lose control, and rollover.
A key distributor of the Chinese made valves, Tech International, issued the recall. It is possible other distributors will follow suit. The National Highway Traffic Safety Administration will likely also investigate the allegations.
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A Mulberry man who fell from his motorcycle early Monday morning was run over by two separate vehicle, and killed on Interstate 4, according to local media outlets. According to the Florida Highway Patrol (FHP), neither vehicle stopped.
The deceased, Rafael Colon, was eastbound on I-4 at approximately 2:45 A.M. when he struck the rear of a tractor trailer. The impact knocked him from his motorcycle, and he was immediately run over by the other vehicles. FHP is still investigating the accident and asking any witness to come forward.
The Law Office of James W. Dodson, P.A., expresses its sincerest condolences to the family of Mr. Colon following this tragedy.
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A St. Petersburg bicyclist was killed near his home following a collision with a City of St. Petersburg garbage truck. According to local media reports, Investigators believe the city vehicle, and the bicyclist, identified as 50-year old Jim Ramage of St. Petersburg, were both northbound on 2nd St. N in St. Petersburg, when the garbage truck, driven by city employee Diana Veitch, made a left turn onto 93rd Avenue and collided with Ramage. They believe he was thrown to the ground and run over by the dual wheels on the back of the truck.
Whenever a city vehicle is involved in an accident such as this, city policy requires a review board inquiry to include representatives from major city departments such as Fire and Police.
Routine cycling can be a dangerous undertaking, especially in urban areas or major metropolitan areas. The National Highway Traffic Safety Institute has published both videos and written materials with safety tips and advice for the cyclist. The major points include:
1. Protect your head. Wear a helmet.
2. Assure bicycle readiness. Ensure proper size and function of bicycle.
3. Ride wisely. Learn and follow the Rules of the Road.
4. Be predictable. Act like a driver of a vehicle.
5. Be visible. See and be seen at all times.
6. “Drive” with care. Share the road.
7. Stay focused. Stay alert.
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The Florida Highway Patrol reports a female pedestrian was fatally injured Tuesday crossing U.S. Highway 19 in Port Richey after she was struck by a motorcycle. The 46 year-old woman, Laurie Darcy, of Port Richey was crossing U.S. 19 from east to west near the intersection of San Marco Drive. As she crossed the southbound lane she was struck by another Port Richey resident, Dale Hartley, Jr., as he rode his motorcycle southbound on U.S. 19.
Ms. Darcy later expired at Bayonet Point Regional Medical Center, while Mr. Hartley was fortunately able to walk away from the scene. The Highway Patrol is continuing to investigate and requests any witnesses to step forward.
This accident reportedly happened at about 8:30 PM. This time of year, it is dusk at 8:30 in west-central Florida, and I’m sure both the pedestrian and the motorcyclist had difficulty seeing each other. Sometimes accidents, including motorcycle accidents, are just accidents and its difficult and sometimes improper to try and place blame one party or the other, as is this case. What’s unfortunate here is someone lost their life. Now there is a potential wrongful death claim. Certainly further investigation would need to be done from a personal injury claim standpoint before any legal determination could be made. Media reports are designed to provide the investigative detail needed to formulate a legal opinion as to liability.
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During difficult financial times some businesses prosper. One of those industries is the credit collections industry as many Americans face temporary financial hardships. Hard-working Americans, the moment they fall behind on their revolving credit account, are all too familiar with the threatening collections letter.
Well now Lawyer USA Magazine reports that a Miami, Florida law firm has filed suit against a consumer collections law firm for “deceptive, unfair, and oppressive” communications, specifically letters threatening lawsuits for stolen merchandise. According to the legal suit papers filed by lead attorney Lance Harke, the collection letters also threaten to send the sheriff to the residence of those behind on their payments.
The lawsuit is trying to gain momentum as a class-action lawsuit. As a personal injury attorney, I am interested in how the case of consumers wronged by credit reporting agencies progresses. I will be following this case closely as the hunter now becomes the hunted.
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The American Association for Justice, a legal organization composed primarily of lawyers, and whose mission is the promotion of a fair and effective justice system, recently released a report titled the 10 Worst Insurance Companies. The report crowns Allstate Insurance Company as the worst, citing the company’s internal policies of low settlement offers, and rewards to adjusters for keeping claim payouts low. It also points out that Allstate had the highest number of consumer complaints filed against it, according to the National Association of Insurance Commissioners.
Although the American Association for Justice advocates for individual and consumer rights and cannot be considered completely unbiased, the report is well written and the sources are documented. You are invited to download the report and draw your own conclusions by clicking on the link below.
http://www.justice.org/docs/TenWorstInsuranceCompanies.pdf..
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Law Office of James W. Dodson, P. A.
1259 Myrtle Avenue South
Clearwater, FL 33756
Phone: (727) 446-0840
Fax: (727) 446-0850
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