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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April 14, 2013 – Tampa

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Ashley Thompson, Steven Cuervo, and Tonya Faris were killed in a single vehicle accident on Columbus Ave when the SUV they were riding in struck a wall and flipped.  Kenneth Crouse was also injured in the crash.  None of the occupants was wearing a seatbelt.  Ejection – or worse, partial ejection – is the most common cause of death in a rollover accident.

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April 14, 2013 – Clearwater

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Eric Becker was seriously injured when he was struck by a car driven by Nicole Capps at the intersection of Keene Rd and Nursery Rd.  Becker reportedly entered the cross walk on a red light before being struck.  Becker was crossing from west to east and Capps was driving northbound on Keene Rd, which means that Becker had crossed at least three lanes of traffic before he was struck.  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…

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