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Clearwater Florida Accident Blog

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Car Accidents

Child Injuries

Motorcycle Accidents

Products Liability

Wrongful Death

    9/2/2008
    James Dodson
    Comments (0)

    Deadly Hit and Run on I-4 Involving Another Motorcyclist

    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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    9/1/2008
    James Dodson
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    Adult Bicyclist Killed After Collision With City Garbage Truck



    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.




    Certainly, whenever someone dies as the result of a traffic fatality, there is a potential wrongful death claim, but like other negligence claims, there exist defenses such as comparative fault.  Fault in an accident as tragic as this shouldn’t be decided by the media or by readers posting comments, but rather by the proper investigative agencies and if necessary, a jury in a court of law.  The decision of those two entities is made after an objective review of the relevant facts.

    The loss of a loved family member is tragic, and our personal condolences go out to the family of Mr. Ramage, as well as to Ms. Veitch and her family as she must now live with this tragic incident.

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    8/28/2008
    James Dodson
    Comments (1)

    Pedestrian Killed by Motorcyclist on U.S. Highway 19

    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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General

    7/30/2008
    James Dodson
    Comments (0)

    Suit Filed Against Collections Firm

    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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    7/10/2008
    James Dodson
    Comments (0)

    Allstate Named Worst Insurance Compnay

    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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