The Law Office of James W. Dodson, P.A., provides FREE information to consumers about dog bite claims.  If you need more information or would like to schedule a consultation please call (727) 446-0840.

The Law Office of James W. Dodson, P.A., provides FREE information to consumers about dog bite claims.  If you need more information or would like to schedule a consultation please call (727) 446-0840.

The accident is still being investigated by the Florida Highway Patrol. According to troopers, Mr. Gilchrist’s own vehicle became disabled on State 60. It appears Mr. Gilchrist left his vehicle and began walking. He did not go very far before he laid down in the road, and was eventually struck by a van.

Last week I reported on a similar incident that occurred on U.S. Highway 19 in Hernando County.

Our condolences at the Law Office of James W. Dodson, P.A. go out to the families and friends of both the deceased and the person driving the vehicle that struck him.

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The accident is being investigated by the Florida Highway Patrol who was assisted at the scene by members of the Hillsborough County Sheriff’s Office. According to preliminary reports, the accident occurred when a black Honda SUV, driven by a Cheryl Riemann, proceed the wrong way on the expressway. The SUV was traveling east in the westbound lanes. That portion of the investigation continues. Ms. Riemann and the daughter of the deceased were both transported to Tampa General Hospital in critical condition.

The initial impact caused the vehicle to spin and veer off into other lanes eventually involving a total of five vehicles. Local media reports that three other people sustained minor injuries in the accident.

Our condolences to the family of Ms. O’Boyle, but our prayers are especially with her young daughter who must grow up without her mother. Our prayers and thoughts also go out to Ms. Riemann and her family, who must now face life knowing that her mistake, innocent or not, caused the death of another human being. It is an emotional burden we wish on nobody.

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According to FHP reports, Mr. Holder was lying in the southbound lane of U.S. 19. The accident occurred at approximately 10:40 PM Monday evening. The driver, Benjamin Heritage, of Hudson has not been charged, although the investigation continues as to why Holder waws in the road in the first place.

This accident and the death of Kaitlyn Harper make two Hernando County pedestrian deaths in consecutive days. Ms. Harper was killed Tuesday morning while walking to Middle School.

Our condolences at the Law Office of James W. Dodson, P.A. go out to the families and friends of both of the deceased.

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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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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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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.

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. 

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.

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.

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.

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.

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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 and Florida pedestrian accident cases. To learn more, please contact them for a free evaluation or watch their YouTube Clearwater personal injury lawyer video.

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.     

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.

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Personal injury attorney James W. Dodson has more than 20 years experience in representing clients involved in motorcycle accidents in Florida.

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.

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.

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.”

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.   

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. 

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.

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..

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.

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.