St. Petersburg Central Ave Crash

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March 2, 2014 – Terry Gue and Diane Gue were seriously injured in a crash with Gregory Grant on Central Avenue near the intersection of 68th Street North.  Grant reportedly drove over the double yellow line into the path of the Gues who were headed west on Central Avenue.  Florida Statute 316.081 states that “a vehicle shall be driven upon the right half of the roadway, except as follows: (a) When overtaking and passing another vehicle proceeding in the same direction under the rules governing such movement; (b) When an obstruction exists making it necessary to drive to the left of the…

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Tarpon Springs Double Fatality

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March 1, 2014 – Nicholas Ray Osborn and Marco S. Valez were killed in a crash on US 19 near the intersection of Dr. Martin Luther King Drive.  Osborn was ejected from the car and Valez was found dead and seatbelted in the passenger seat of the car, which was submerged in a pond.  Witnesses reported seeing another vehicle which may have been racing the vehicle in which Osborn and Valez were riding.  Florida Statute 316.191 defines racing as “the use of one or more motor vehicles in competition, arising from a challenge to demonstrate superiority of a motor vehicle or…

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Florida Car Insurance Explained

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There are seven basic kinds of car insurance in Florida: 1) personal injury protection (PIP), 2) property damage liability (PD), 3) bodily injury liability (BI), 4) uninsured motorist (UM), 5) medical payments coverage, 6) collision coverage, and 7) comprehensive coverage.  Each kind of insurance is designed to cover different things.  PIP, bodily injury liability, uninsured motorist, and medical payments coverage are designed to pay for injuries and lost wages.  PD, collision, and comprehensive are designed to pay for damage to property.  Only PIP and PD are required by Florida law. Personal injury protection (PIP) insurance is designed to pay for personal…

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Palm Harbor Motorcycle Accident

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August 18, 2013 – Anthony Riolo was seriously injured when his motorcycle collided with a van driven by Donald Hutwelker on County Road 1 at the intersection of Wexford Drive.  Hutwelker purportedly was making a left turn from southbound County Road 1 onto Wexford Drive while Riolo was northbound on County Road 1.  Velma McShane was a passenger in Hutwelker’s van and was also seriously injured.  Florida Statute 316.122, titled “Vehicle turning left,” states that “The driver of a vehicle intending to turn to the left within an intersection or into an alley, private road, or driveway shall yield the…

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Seminole Motorcycle Fatality

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On August 3, 2013, Justin Johnson was killed when his motorcycle crashed into the side of a truck driven by Robert Sterner on Bay Pines Blvd.   Johnson was headed eastbound when Sterner attempted to make a left turn from westbound Bay Pines Blvd into the War Veterans Memorial Park.  Florida Statute 316.122, titled “Vehicle turning left,” states that “the driver of a vehicle intending to turn to the left within an intersection or into an alley, private road, or driveway shall yield the right-of-way to any vehicle approaching from the opposite direction . . . which is within the…

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Seminole Pedestrian Fatality

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On July 27, 2013, James Wheeler was struck and killed by a car driven by L.C. Dudley at the intersection of 113th Street and 74th Avenue North.  Wheeler was in a crosswalk and had made it across two lanes before he was hit.  Florida Statute 316.130(7), titled “Pedestrians; traffic regulations,” provides that “the driver of a vehicle at an intersection that has a traffic control signal in place shall stop before entering the crosswalk and remain stopped to allow a pedestrian, with a permitted signal, to cross a roadway when the pedestrian is in the crosswalk or steps into the…

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April 27, 2013 – Palm Harbor

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Amanda Chakos was seriously injured when she was struck by an SUV driven by Equbal Kalani on Alt 19 north of Alderman Rd.  Chakos was knocked into another pedestrian, Lori Baker, who was also injured.  Chakos was reportedly not in a cross-walk, however, use of a cross-walk is not required by law if no cross-walk exists. Florida Statute 316.130, titled “Pedestrians; traffic regulations,” requires pedestrians crossing a roadway at any point other than within a marked crosswalk to yield the right of way to vehicles on the roadway.  Pedestrians are also required to cross a roadway at right angles to the…

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April 25, 2013 – Palm Harbor

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Dany Ramos was killed when he was struck by a car driven by Shelly King on U.S. 19 north of Alderman Rd.  Florida Statute 316.130 provides that “every driver of a vehicle shall exercise due care to avoid colliding with any pedestrian or any person propelling a human-powered vehicle and give warning when necessary and exercise proper precaution upon observing any child or any obviously confused or incapacitated person.”  This statute entitles an injured pedestrian or bicyclist to a jury instruction at trial regarding a motorist’s responsibility to take evasive action.  See Beeman v. Cosmides, 825 So. 2d 511 (Fla. 3d DCA 2002).

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April 19, 2013 – St. Petersburg

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Alexia Douglas was killed in a single vehicle accident when the SUV she was riding in, being driven by Christina Shiver, struck a guardrail on 40th Ave NE.  The SUV swerved to the right and crashed into a guardrail that went through the windshield on the passenger side.  Florida Statute 316.1925, titled “Careless driving,” provides that “Any person operating a vehicle upon the streets or highways within the state shall drive the same in a careful and prudent manner, having regard for the width, grade, curves, corners, traffic, and all other attendant circumstances, so as not to endanger the life, limb,…

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