Recent Blog Posts

Passenger Dies Due to Accident Injuries

Scott Distasio — Mon, 14 May 2012 18:43:00 GMT

Despite the rampant commercialization of Mother's Day, it is a day each year where most families come together to celebrate their mothers. But for Debra Graziano of Tampa, Mother's Day 2012 was likely difficult. In 2008 this mother of three was devastated when her son, John, was injured in a car crash, leaving him with a serious brain injury and in a persistent vegetative state. A year later, her husband attempted to hire a hit man to kill her. And just over a month ago, her other son, Michael, waskilled in a car accident.

ABC News reports that like his brother, Michael Graziano was a passenger of a vehicle involved in a high speed crash. Also like his brother, Michael was not wearing his seat belt at the time of the accident. According to News 10, the rear-end accident occurred on Ulmerton Road near 66^th Street North while the driver, Cameron Bosley, was speeding. Bosley somehow lost control and his car hit a truck. Officials do not believe alcohol was involved in the accident, but Bosley has previously been charged with reckless driving.

With her husband in prison and two surviving children to care for, Debra Graziano is currently working to build a foundation in Michael's name that helps disabled and underprivileged children in Africa. From prison, Edward Graziano is doing on camera interviews in an attempt to raise awareness about the dangers of not wearing a seat belt.

Morning Accident on Florida Ave Leaves One Driver Dead

Scott Distasio — Wed, 09 May 2012 19:25:00 GMT

On Monday morning, Tampa commuters may have been dismayed to find Florida Avenue was completely closed between North Street and Sligh Avenue. The closure was caused by a serious car accident that left one driver dead and left the other injured.

According to the Seminole Heights Patch, Alexandra Johnson was traveling westbound on East Lambright Street and attempted to turn south onto North Florida Avenue. At that time she was hit by a cardriven by Lisa Valdez. Valdez states she saw Johnson turn in front of her, but was unable to stop, leading to the t-bone car accident. Johnson was transported to St. Joseph's Hospital where she was pronounced dead as a result of her car accident injuries. Valdez was injured as well but is expected to recover.

The road remained closed until almost 11 am while police conducted their investigation. Officers were still trying to determine what occurred and who was at fault.

Semi Truck Rolls Over on I-75

Scott Distasio — Fri, 04 May 2012 16:17:00 GMT

A tanker truck accident that occurred early yesterday morning caused a nine and a half hour shut down of a stretch of I-75 at exit 161. The truck was carrying approximately 6,000 gallons of gasoline and 1,400 gallons of diesel fuel. The driver swerved to avoid hitting a car that was stopped in the merging lane, causing his truck to roll over. 4,500 gallons of fuel spilled onto the grass shoulder and the highway, which prompted the shutdown.

According to ABC News, the Charlotte County HAZMAT team was able to patch the fuel leak, but another tanker truck had to drive in from Tampa so the fuel in the damaged truck could be pumped out safely. After the hour long process of moving the fuel from one truck to the other, tow truck operators were able to right the flipped semi truck and remove it.

Dee Hawkins, spokesperson for the Charlotte County Fire and EMS, stated the truck driver “escaped without injury.” According to Hawkins, “This driver was really very fortunate that the truck did not ignite.” The EPA has stated there are no concerns for wildlife despite the fuel that spilled. I-75 reopened around 3:30 pm Thursday.

Fatal Boat Accident Lawsuit Set to go to Federal Court

Scott Distasio — Wed, 02 May 2012 16:33:00 GMT

In 2010, Hungarian students Dora Schwendtner and Szabolcs Prem were on a duck boat tour on the Delaware River in Philadelphia. The duck boat overheated during the tour and the captain mistook steam from the radiator for an engine fire. He then anchored the tour boat in the water. A city barge was then pushed into the duck boat by a tug boat. Three dozen people wound up in the Delaware River and the students both died in the boating accident.

According to ABC News, Schwendtner and Prem's parents have hired a personal injury attorneyto file wrongful death lawsuits against the operators of the tug boat, the operators of the tour boat, the city of Philadelphia for owning the barge, and several others. According to the boat accident lawyers, the passengers of the disabled tour boat were not instructed to don their life jackets until moments before the boat crash. The suits also allege the tour boat company was negligent for not having an emergency air horn and radio to notify other ships of its predicament. They also argue that the canopy on the boat posed a danger to passengers as the victims were trapped by it when the boat capsized.

The pilot of the tug boat has already pleaded guilty to the equivalent in maritime law of involuntary manslaughter. At the time of the accident he was dealing with a family emergency and was distracted by his cell phone, standing in part of the tug boat that did not afford him a clear view of the river.

Hillsborough County Sheriff's Deputy Injured In Car Crash

Scott Distasio — Sun, 29 Apr 2012 02:04:00 GMT

Last week Hillsborough County Sheriff's Deputy Michael Hannaford was riding with deputy Christopher Maffei in a patrol car on Falkenburg Road. On the way back to the parking lot outside sheriff's office district 2, the patrol car made a left turn on Windhorst Road. According to Tampa Bay Online, The patrol car was hit in the middle of the intersection by Teresa Tymes.

Hannaford was trapped in the vehicle and had to be removed by emergency workers. Sheriff's office spokesman Larry McKinnon reported, “they pretty much had to dismantle the whole top end of the car to get him out.” Hannaford remained in serious condition at Tampa General Hospital after the accident. The sheriff's office is “hopeful he'll be able to make a full recovery.”

Investigators are attempting to determine who is at fault for the car accident. Maffei, who was driving the patrol car, was treated and released after the accident. Tymes, who drove the other vehicle, was reportedly not injured.

Technology Is Not the Only Distraction Drivers Face

Scott Distasio — Wed, 25 Apr 2012 21:08:00 GMT

When discussing distracted driving, most experts focus on the dangers of technology. However, a recent accident in New Hampshire calls attention to the fact that other things can distract drivers from the road. The Boston Channel reports a woman veered off the road into a utility pole when she was distracted from her ice cream cone. Both the driver and passenger were taken to the hospital for treatment of non-life threatening car accident injuries.

Eating, drinking, changing the radio station, checking a map or direction, disciplining children, and talking to passengers are all common distractions. Some drivers even go so far as to read the newspaper, put on make-up, or use their cars as mobile offices. All of these practices have the potential to lead to auto accidents. More than 15 Americans are killed and more than 1,200 are injured every day in crashes that involved distracted driving. Approximately 16 percent of all car crashes are tied to drivers who were not paying full attention to the road.

Despite the media focus on cell phones as the primary distraction, eating while driving may be more prevalent. According to Drivers.com, 65 percent of American drivers admit to eating while they drive, compared to 58 percent who admit to using a cell phone. In one poll, drivers were asked to rate various practices on a five point scale with one being the least dangerous and five being the most dangerous. While talking on a cell phone received a 4, eating scored a close 3.8.

Idaho Student Dies While Texting and Driving

Scott Distasio — Wed, 18 Apr 2012 20:44:00 GMT

Taylor Sauer was using Facebook on her phone while driving through her home state of Idaho and knew it was dangerous. Shortly after sending the message, “I can't discuss this now. Driving and facebooking is not safe! Haha,” she crashed the car into a tanker truck and died on impact. Now Sauer's parents are working to raise awareness about the dangers of distracted driving and to pass a state law in Idaho banning the practice of texting and driving.

AOL Autos reports the federal government has begun to address the increasing number of deaths associated with distracted driving by proposing new limits on in-vehicle communications. The US Department of Transportation announced last month a proposed set of guidelines for automakers that would limit the use of technology “not directly relevant to safely operating the vehicle.” Any system that would require more than two seconds of attention or that would require two hands would be removed. Other systems would be disabled unless the vehicle was parked. However these limits would not be legal restrictions, merely guidelines.

Dad Develops Distracted Driving Prevention App for Smartphones

Scott Distasio — Fri, 23 Mar 2012 21:35:00 GMT

It is a simple fact that parents worry about their kids. When it comes time for children to start driving, that worry often escalates. Concerns arise about how inexperienced drivers might react and about how others on the road drive. They worry about car accidents. Some parents enforce rules about who can be in the car or where the car can go. Most often these rules and concerns do not come up until the child is 16. But for one father in Colorado, preparations for when his children start driving began when they were eight.

9 News reports two years ago Troy Orner became aware of the problem of distracted driving and the people who die as a result every day. It was then that he decided to do something about it to protect his children. He began work on an app to block calls, emails, and text messages while driving, hiring a company in California to develop it.

Orner's app gives parents the ability to block a phone's communication functions at a speed of their choice. When testing the app, 9 News set the speed to 10 miles per hour. Once their vehicle was traveling at or above that speed, the phone did not ring to indicate a call, text, or email was received. When a driver has the chance to look at his or her phone later, it will indicate there were missed communications. Emergency calls can still be made. If a teenager disables the app, an email is sent to his or her parents. If the app is deleted, insurance agencies that might be discounting rates for having the app installed are also notified.

The app has a one-time cost of $3.98. For more information, visit Orner's website.

Do Cell Phones Save Auto Accident Victims Lives?

Scott Distasio — Wed, 29 Feb 2012 17:18:00 GMT

There is a national debate going on over the safety of cell phone use by car drivers. Most people agree that cell phones can be a serious distraction and distracted driving can lead to car accidents. As a result, cell phones have been demonized. Cities and states across the union are resorting to various kinds of cell phone bans to protect citizens on the road. But the other side of the debate, that cell phones can actually save lives, is largely ignored.

According to Cleveland.com, National Highway Traffic Safety Administration (NHTSA) Administrator David Strickland is personally struggling with whether communication technology in vehicles is a good thing or not. He knows that the presence of cell phones and other electronics can present distractions that lead to car accidents. In fact, 90 percent of auto accidents are the fault of the driver. Therefore, improving vehicle safety will rely heavily on understanding driver behavior. This is why places have enacted bans, instead of educating the dangers of distracted driving.

On the other hand, unlike other experts, Strickland has also expressed the belief that new communication technologies can help rescue workers respond to accidents in a more efficient and timely manner, which could save lives. While he would not comment on the NHTSA's plans regarding a potential cell phone ban, Strickland did say he believed the technology would be lifesaving once the distraction issues are settled. He cited the fact that the number of car accident deaths has decreased overall since 2009 despite increases in the number of drivers on the road. Technology that would allow cars to communicate not only with rescue workers but with each other are “game-changing technology.”

Ultimately experts agree texting while driving is never safe and it is probably less risky to use a hands free device if talking on a cell phone while driving. But cell phones should not be demonized and viewed as the bane of American drivers. They must be treated as tools that, if used properly, can save lives.

Multi-Vehicle Crash on I-75 S Near Gainesville Leaves 11 Dead

Scott Distasio — Tue, 14 Feb 2012 16:59:00 GMT

Recently, on I-75 just south of Gainesville, at least 12 cars and 6 semi-trucks were involved in a multi-vehicle accident that killed at least 11 people. The Huffington Post reports investigators are still looking into the cause of the crash, but believe fog and smoke from a nearby brush fire may have contributed.

Several cars and trucks caught fire during the pile-up, further decreasing visibility and melting part of the road. Rescue workers had to rely on screams to find survivors in the wrecked vehicles that covered a mile stretch of the interstate. At least 18 people were taken to the hospital for treatment of their serious accident injuries. In January 2008 a similar crash took place on I-4 between Orlando and Tampa. 70 vehicles were involved in serious car accidents that left 4 people dead and sent 38 others to the hospital.

Steven R. Camps of Gainesville survived the accident by jumping out as his car was hit. According to Camps, “You could hear cars hitting each other. People were crying. People were screaming. It was crazy," he said. "If I could give you an idea of what it looked like, I would say it looked like the end of the world.” He also reported seeing cars crushed under semi-trucks.

While the FHP looks into the crash, investigators from the Florida Forest Service are also looking into the brush fire. The fire may have been intentionally set as there were no controlled burns planned and no lightning was reported.

Florida Legislature Takes 14 Years to Resolve Car Accident Case with Government Employee

Scott Distasio — Sun, 29 Jan 2012 18:43:00 GMT

14 years ago, college-bound high school senior Eric Brody was on his way home from his part-time job when his car was hit by a Broward County Sheriff's Deputy, Christopher Thieman, who was late for a mandatory roll call. Thieman was driving approximately 70 miles per hour in an area where the speed limit was 45. Brody was left seriously and permanently injured. He suffered severe brain damage and doctors had to keep him in a drug induced coma for six months. He is wheelchair bound to this day and has speech and mobility difficulties.

The Brody family hired a Florida car accident lawyer to help them with their claim. The attorneyfiled a lawsuit when settlement negotiations broke down. The Miami Herald reports that seven years ago a jury in Broward County found Thieman to be negligent in this case. The Brody family was awarded $30.9 million for injuries and costs associated with the auto accident. However, the State Legislature must approve any amount over $200,000 when a citizen is collecting a claim from a government entity. The State Senate and House have been debating for the last seven years over this settlement.

A bill that would end the debate and award Brody $10.75 million was finally passed in the Senate on January 10, 2012. It was one of the first pieces of legislation to be addressed in the 2012 session. A bill that would have provided $12 million died at the very end of last year. The family's car accident attorney said the $10.75 million figure is between what the insurance company last offered and the total amount the Senate considered.

Are Some Truck Drivers Endangering the Public?

Scott Distasio — Wed, 25 Jan 2012 17:47:00 GMT

Semi-trucks crisscross America on a daily basis. A recent article on a six-year study of highway truck inspections in Indiana raises questions about the safety of these vehicles and their drivers.

The Times of Northwest Indiana began investigating trucking inspections after state inspectors reported approximately 25 percent of the semis on the highway have either safety defects or deficient drivers. The data, compiled from 2003-2008, shows of the 34,856 trucks inspected in Lake and Porter counties in Indiana, 8,929 had a safety violation serious enough to remove the trucks from service. Inspectors believe this data only begins to uncover the problems.

The most common problem with the equipment was malfunctioning brake systems. Faulty brakes can easily cause deadly semi-truck accidents. Tired drivers are also a serious problem. In an effort to reduce driver fatigue and the risk of falling asleep at the wheel, national law states truck drivers can only be on the road for 11 hours straight before they must take a 10 hour break. 10,376 violations were issued between 2003-2008 for missing driver logs or drivers who had been on the road too long by federal standards.

The semi-truck weighs on average 80,000 pounds while the average passenger vehicle weighs about 2,600. This means in a car and tractor-trailer crash, those in the car likely face catastrophic car accident injury or death. Some states like Indiana hope random inspections and police officers charged with pulling over erratic truckers will deter companies from operating unsafely. But even those in charge admit that there are companies that accept fines as the cost of doing business and that these business practices may lead to truck accident lawyers bringing personal injury lawsuits.

The Dark Side of Insurance

Scott Distasio — Tue, 17 Jan 2012 08:00:00 GMT

In the past, insurance companies have been protective, service-oriented organizations that the public trusted. But in the mid-90s they began to evolve by adopting a new business model based on profit. Unfortunately, the profit motive has caused many insurance companies focus so much on pleasing shareholders that they have overlooked their responsibility to their insurance policy holders.

The Huffington Post examined the changes in the insurance industry. The shift began when companies moved from having claims adjusted by people to using a complex computer model to determine payments. In this new computer model, the adjuster takes information from a customer who was rear-ended and feeds it into the computer. The software produces a low offer for the auto accident victim. Often times this offer does not begin to cover the victim's medical expenses and lost wages. If the person takes the low offer, he or she receives prompt service and the claim is quickly closed. If he or she does not accept the payment, the insurance company continually delays the claim. This model often pushes the customer to hire a car accident attorney to file a lawsuit on his or her behalf.

Former Allstate Insurance agent Shannon Kmatz explained this system to the trial lawyers' lobby, the American Association for Justice. She explained the goal was to make it unprofitable for lawyers to help clients with their claims by making the process lengthy and costly. She went on to say the business had turned into a “zero-sum game” in which “improving Allstate's casualty economics [has] a negative economic impact on some medical providers, plaintiff attorneys, and claimants. ... Allstate gains -- others must lose.” On average, Allstate pays about 30% of a claim's actual value. An unpublished poll indicates 16% of American adults have dealt with financial difficulties while waiting for an insurance claim to come through.

Insurance adjusters are paid to deal with claims all day long. You are not. If you are in a car accident, consult with an auto accident attorney right away. The right lawyer can help you get the full value of your claim without hours spent on hold and weeks spent calling the insurance company. You do not have to fight the insurance company alone.

School Bus Crash Leaves 2 Tampa Elementary School Students and 2 Others Injured

Scott Distasio — Wed, 11 Jan 2012 20:25:00 GMT

The last day before Winter Break is often an exciting one for children. Eagerly anticipating both time off from classes and various winter holidays, they do not expect the day to start with a school bus crash. For 25 Oak Grove Elementary students, this is unfortunately what happened.

The St. Petersburg Times reports that the bus was at the intersection of N. Rome Avenue and W. Hanna Avenue and did not yield to an Audi. The resulting car accident left one passenger of the car, the bus driver, and two students injured. The students and bus driver were taken to St. Joseph's Hospital for treatment. The other students on board were transferred to a different bus and taken to school.

While the injuries were reported by the media as “minor,” this may not be the case. Because school bus passengers do not wear seat belts, they can easily be thrown about more than a restrained passenger in a school bus accident. This can lead to severe whiplash and other injuries that may not immediately have been identified.

Should Automobile Drivers be Banned from Using Mobile Phones?

Scott Distasio — Fri, 06 Jan 2012 17:55:00 GMT

The National Transportation Safety Board has called for a ban on all cell phone use while driving. CNN reports that if states adopt the NTSB's recommendation, any non-emergency calls and all texting while driving would be banned. The ban has been suggested as a way to protect against distracted driving, which studies show to be more dangerous than drunk driving.

The National Highway Traffic Safety Administration has released a study indicating that each day approximately 13.5 million drivers use hand held devices while driving. Nearly 3,100 deaths were linked to distracted driving car accidents last year, though that number might be much higher. Many drivers do not admit to using cell phones, making it difficult for investigators to determine whether or not distracted driving plays a role in an auto collision. As a result, it has become routine in some areas for investigators to seek orders preserving smart phones as evidence.

The NTSB stated that cell phone laws would not be enough. They need to be accompanied by education and strict enforcement. Individual states make their own laws regarding the use of hand held devices while driving. 35 states ban texting while driving, 30 ban cell phone use for novice drivers, and 10 ban all hand held cell phone use.