
HAPPY HALLOWEEN!
Help keep your children safe if they’re trick-or-treating this year with these great tips from Safe Kids Worldwide:
- A parent or responsible adult should always accompany young children on their neighborhood rounds of trick-or-treating.
- Obtain flashlights with fresh batteries for all children and their escorts.
- If your older children are going trick-or-treating alone, plan and review the route that is acceptable to you. Agree on a specific time when they should return home.
- Only go to homes with a porch light on and never enter a home or car for a treat.
- Because pedestrian injuries are the most common injuries to children on Halloween, remind trick-or-treaters:
- Stay in a group and communicate where they will be going.
- Remember reflective tape for costumes and trick-or-treat bags.
- Carry a cellphone for quick communication.
- Remain on well-lit streets and always use the sidewalk.
- If no sidewalk is available, walk at the far edge of the roadway facing traffic.
- Never cut across yards or use alleys.
- Only cross the street as a group in established crosswalks (as recognized by local custom). Never cross between parked cars or driveways.
- Don’t assume the right of way. Motorists may have trouble seeing trick-or-treaters. Just because one car stops, doesn’t mean others will!
- Law enforcement authorities should be notified immediately of any suspicious or unlawful activity.
Have a safe and happy Halloween.
CONTACT RHINO LAWYERS
Injured or Arrested? Our mission is to form a lasting partnership with every client. Our passion is the people we help and the lives that we help change. Don’t become just another case.
Lastly, let the personal injury team at RHINO Lawyers answer your questions and review the facts of your case with a Free Consultation. Get started by completing the “Free Instant Case Evaluation” or by calling us any time, day or night, at 844.329.3491.
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THE HEAT IS ON – SAFETY TIP
First of all, according to the National Weather Service, heat is one of the leading weather-related killers in the United States, and it results in hundreds of deaths each year. Surprisingly, excessive heat claims more lives on average each year than other seemingly more sinister weather events. Like, floods, lightning, tornadoes, and hurricanes combined. So, here is a safety tip to help keep your kids and pets safe as the temperature rises.
Safety Tip: Parked Cars, and Warm Temps – a Bad Mix
To begin with, leaving children or animals alone in parked vehicles is never a good idea, but it’s especially dangerous on warm and hot days. Thus, dozens of children die each year after being left unattended (knowingly or not) in vehicles. Yet, sometimes even it happens when they are left for just a short amount of time. Consequently, the temperature inside a vehicle – even on a warm day that’s just 80 degrees – can rise to levels well over 120 degrees in a matter of minutes, leading to heatstroke once the child’s body can not cool itself down. Furthermore, this applies to animals too. So, remember if it is unsafe for humans, then it is unsafe for animals too.
Save a life. Please call 911 immediately if you see a child or an animal left unattended in a vehicle.
CONTACT RHINO Lawyers
Injured or Arrested? Our mission is to form a lasting partnership with every client. Our passion is the people we help and the lives that we help change. So, don’t become just another case.
Lastly, let the personal injury team at RHINO Lawyers answer your questions and review the facts of your case with a Free Consultation. Get started by completing the “Free Instant Case Evaluation” or by calling us any time, day or night, at 844.329.3491.
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KIDS & CAR ACCIDENTS
According to the Centers for Disease Control and Prevention (CDC), nearly 150 kids between ages 0 and 19 are treated every hour in emergency departments for injuries sustained in car accidents and more children ages 5 to 19 die from crash-related injuries than from any other type of injury.
KIDS & CAR SAFETY TIPS
One of the best ways to help keep your kids safe in vehicles is to know and understand the appropriate age, height & weight limits for car seats, booster seats, and seat belt use:
- Birth up to Age 2 – For the best possible protection, infants and children should be buckled in a rear-facing car seat, in the back seat. Keep the seat rear-facing until age 2 or when they reach the upper weight or height limit of their seat.
- Age 2 up to at least Age 5 – When children outgrow their rear-facing seat they should be buckled in a forward-facing car seat, in the back seat. Use car seats until at least age 5 or when they reach the upper weight/height limit of their seat.
- Age 5 up until seat belts fit properly – When children outgrow their forward-facing seat, use a belt-positioning booster seat until seat belts fit. Seat belts fit when the lap belt lays across the upper thighs and not the stomach. Also, the shoulder belt will lay across the chest and not the neck.
- Back Seat is Safest. Buckle all children aged 12 and under in the back seat. Airbags can kill young children riding in the front seat. Never place a rear-facing car seat in front of an airbag. Buckle children in the middle of the back seat when possible, because it is the safest spot in the vehicle.
CONTACT
RHINO Lawyers know that car accidents can happen at any time. After a car accident, you may not know what to do or who to call. Don’t struggle through the process alone. Our personal injury team is here to help you with any legal needs you might have regarding injuries from a car accident.
Let the Tampa auto accident attorneys at RHINO Lawyers answer your questions and review the facts of your case with a Free Consultation. Get started by completing the “Free Instant Case Evaluation” or by calling us any time, day or night, at 844.329.3491.
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WHAT TO DO AFTER A BIKE ACCIDENT
No matter your level of experience or how careful you ride – a bicycle accident can happen. Unfortunately, these accidents can result in serious injury. It is important to know what to do if you are involved in a bike-car accident.
Being prepared will help you during this tragic event. According to Consumer Reports, there are 10 steps you should do after a bike accident. Where all are important, I believe these steps are essential for your safety and recovery:
- Get to safety. This will prevent more damage from occurring.
- Contact the police. It is important to make sure there is a police report.
- Seek medical attention. Often, injuries are not immediately apparent. Don’t wait, seek medical attention at your local emergency room or by seeing your family physician right away.
- Get your bike checked. Take your bike to a shop to have a professional assess any damages.
- Get Legal Help. Most importantly, consult with an auto accident lawyer.
PROPER SAFETY COULD PREVENT A BIKE ACCIDENT
Bicycle safety is important for both the cyclist and motorist. FLSMV (Florida Highway Safety and Motor Vehicles) states motorists must pay special attention when driving around cyclists. Here are some safety tips for everyone to follow:
Motorists
- Drivers MUST give bicyclists a minimum of three feet of clearance when driving alongside or passing them. It’s the law.
- When turning, yield to any bicyclist in the bike lane and make your turn behind the cyclist.
- Avoid using high beam headlights when you see a bicyclist approaching.
- Before opening a car door, check for bicyclists who may be approaching from behind.
Cyclist
- Always wear a properly fitted helmet and securely fasten the strap.
- Be seen. Wear bright colors when riding or wear something that reflects light (reflective shoes, reflective tape, etc.)
- Pay attention. Do not wear headphones so that you can hear the traffic and pedestrians around you. Never text and ride.
- Ride in the same direction as traffic and stay as far to the right as possible. Use bike lanes whenever you can.
- Obey all traffic laws, including signs, signals, and lane markings, when riding on the roadway. If crossing a roadway upon or along a crosswalk, abide by pedestrian crossing guidelines.
- If riding between the hours of sunset and sunrise, Florida Law requires that the front of the bike be equipped with a headlight lamp which exhibits a white light visible for 500 feet, and the rear of the bike equipped with a taillight lamp and reflector visible for 600 feet.
CONTACT
If you are a victim of a bike-car accident don’t struggle through the process alone. Our personal injury team is here to help you with any legal needs you might have regarding injuries from a bike-car accident.
Let the Tampa auto accident attorneys at RHINO Lawyers answer your questions and review the facts of your case with a Free Consultation. Get started by completing the “Free Instant Case Evaluation” or by calling us any time, day or night, at 844.329.3491.
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Improper Passing
From time to time, we’ve all passed other vehicles that we share the roadway with. In Tampa, and the rest of Florida, there’s a right way of passing, and three wrong ways of passing. Florida Statute 316.083 addresses each form of improper passing. If a police officer witnesses a driver making an improper passing maneuver, it’s likely the officer will cite the driver. If an officer doesn’t witness the maneuver, the driver can still expect a ticket for the offense after an accident. Here are the three ways that a driver can expect to receive an improper passing ticket:
- Passing on the Right: This usually occurs on a four-lane road when a vehicle is traveling too slowly in the left lane. Both vehicles are in violation of the law under these circumstances.
- Blind Passing: This occurs on curves or hills when passing in the oncoming traffic lane and the passing driver can’t see oncoming traffic at a safe distance.
- Dangerous Passing: This offense involves cutting another vehicle off after making a pass. At one time or another, we’ve all gotten cut off by another driver.
Improper Lane Changes
Lane change violations are contemplated by Florida Statute 316.085. To legally change lanes in Florida, a driver must first learn that the maneuver can be completed with a clear path. That includes lane changes when passing another vehicle. When passing another car complete it before coming within 200 feet of an oncoming vehicle. A violation can also occur when approached or passed by another vehicle. The driver must make a lane change in a safe and careful manner. A police officer will usually write an improper lane change ticket after an accident, but he or she can independently cite a driver if the officer saw the offense.
Penalties
Improper passing and improper lane change violations carry a fine of up to $300 plus court costs and at least three points against your license. Get points waived upon enrollment and satisfactory completion of a defensive driving course. A person can only take such a course once a year.
Contact RHINO Lawyers
There are alternative dispositions to improper passing and improper lane change charges. Don’t ignore them. Our goal is to obtain the best possible disposition of your traffic case. Contesting your ticket is the only way of approaching that. Contact the Tampa traffic ticket attorneys at RHINO Lawyers as soon as possible after being cited, and our criminal defense team let you know what we think we might be able to do for you.
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New Florida Texting & Driving Law Effective July 1 2019
Florida has finally fallen in line with the overwhelming majority of other states. Florida made texting while driving a primary traffic offense. The law goes into effect on July 1, 2019.
Governor Ron DeSantis signed the bill on May 17, 2019. Making texting while driving a primary offense means that police can soon make a traffic stop on the reasonable belief that a driver was messaging or emailing on a mobile device. The new law also prohibits the use of a handheld cell phone when operating any motor vehicle at any school crossing, school zone, or construction zone.
How You Can Receive a Violation
Currently, police can only cite drivers for texting while driving if they’re stopped for a different violation. That makes it a mere secondary violation and nearly impossible to enforce.
Texting while driving requires the diversion of a driver’s physical, mental and visual capacities from the roadway. We use the same three senses to drive. When signing the new law at a Sarasota high school, the governor said that “Studies have shown that texting while driving is one of the worst of all driving distractions, and a recent study ranked Florida as the second-worst state for distracted driving.” He went on to say that “It’s my hope that by taking action to address distracted drivers today, we will be able to make our roads safer and hopefully prevent some of these crashes that we’ve seen, injuries, and unfortunately, some of the deaths that we’ve seen.”
Governor DeSantis remarked that in 2016, Florida had nearly 50,000 distracted driving accidents that caused 233 deaths. Manatee County Sheriff Rick Wells said that “Making texting while driving a primary offense will allow law enforcement to enforce the law and to save a lot of lives.”
The New Law for Texting While Driving
Under the new law, texting at a stoplight or when a vehicle isn’t in motion is not an offense. The statute exempts emergency personnel. Similarly, the law exempts people who are reporting emergencies or crimes to law enforcement, receiving messages from navigation, safety, and weather alerts.
A first violation of the new texting while driving law won’t be a moving violation. It’s punishable by a fine of $30 plus court costs and fees upon a conviction for a first violation. Your second violation within five years of the first violation becomes a moving violation and the fine doubles. In either case, you will receive three points on your driver’s license.
School and Work Zones
The prohibition on texting while driving in school and work zones will be enforced beginning October 1, 2019. Law enforcement will issue warning tickets until January 1, 2020. Only South Dakota, Nebraska, and Ohio remain states where texting while driving is still a secondary offense. Yet, Missouri prohibits texting while driving by anybody under 21 years of age. Although, texting while driving remains perfectly legal in Montana.
CONTACT TAMPA TRAFFIC TICKET ATTORNEY
RHINO Lawyers can help and guide you through a system molded by law enforcement, judges, and lawyers for decades. Having won cases for our clients in similar circumstances, our criminal defense team knows what it takes to fight on your behalf.
Let RHINO Lawyers answer your questions and review the facts of your case with a Free Consultation. So, get started by completing the “Free Instant Case Evaluation” or by calling us any time, day or night, at (844) RHINO-77.
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Odometer Fraud Charge – Tampa FL
Both the federal government and the State of Florida have put laws in place that work to protect consumers from odometer fraud. Florida Statutes 319.35 makes it a third-degree felony to “knowingly tamper with, adjust, alter, set back, disconnect or fail to connect” an odometer of a motor vehicle so as to show a lower number of miles than the motor vehicle has actually been driven. A conviction for odometer fraud carries up to five years in prison and a fine of up to $5,000. Here’s how odometer fraud hurts people as used car buyers:
- Payment of increased sales tax as a result of the inflated price.
- Higher insurance premiums as a result of lower mileage.
- More frequent maintenance and repair costs.
- Reduced vehicle safety for the driver and passengers.
The Prosecution Has the Burden of Proving You Guilty
Tampa is one of the hotbeds of Florida odometer fraud. Our experienced and effective Tampa criminal defense team knows the issues that prosecutors face when they try to prove tampering with a vehicle’s odometer. Remember that you’re presumed innocent. The prosecution has the burden of proving you guilty beyond a reasonable doubt. Over the years, we’ve been able to raise countless reasonable doubts on behalf of our clients.
Don’t Give a Statement or Confession
Even innocent victims of odometer fraud can have allegations of odometer fraud raised against them when they go to sell that same vehicle a year or two later. Both buyers and sellers must be very careful. If you’re arrested for odometer fraud, the worst thing that you could do would be to give the police any type of a statement or confession. The prosecution will use it to try and prove you guilty.
Protect your rights by invoking them. You have the right to remain silent, so exercise it by not giving the police any information that they’re seeking other than your identity, birth date, and address. You also have the right to an attorney. Exercise that right immediately by calling us after any arrest for odometer tampering in or around Tampa. We know what we’re doing, and we can take it from there.
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Unlawful Tag Tickets in Tampa FL
Being pulled over by police for an unlawful tag is often a pretext for a brief investigation of a driver to evaluate whether he or she might be under the influence of alcohol, drugs or both. Even if a driver hasn’t been consuming alcohol, or he or she hasn’t committed any moving violations since a police officer began observing their vehicle, any traffic stop is something more than a mere annoyance.
Swapping Tags or Stickers
In cases involving unlawful tags, there be a violation of the letter of the law. Then, there’s the gray area involving the spirit of the law and the subjective observations of the police officer who made the traffic stop. Florida Statutes 320.261 makes it a criminal offense when “Any person knowingly attaches to any motor vehicle or mobile home any registration license plate, or who knowingly attaches any validation sticker or mobile home sticker to a registration license plate, which plate or sticker was not issued and assigned or lawfully transferred to such vehicle, is guilty of a misdemeanor of the second degree…” A second-degree misdemeanor in Florida is punishable by up to 60 days in jail and a fine not to exceed $500.
Unlawful Tag Conviction Issue
Although it’s unlikely a maximum penalty would be imposed, an unlawful tag conviction would result in a permanent criminal record. That record can interfere with job, educational and housing opportunities. Defenses to section 320.261 exist. So, contact us if you’re charged with an unlawful tag violation of the statute, especially if you expect to have a security check coming up.
Unknowing Violations and Getting Framed
Just about everybody has border frames around their license plates. These might advertise the dealership that you bought your car at or show logos of sports teams or messages. Some of them even have clear or lightly tinted covers that go over license plates. Florida Statute 316.605(1) states not to place anything upon your plate that interferes with it being clear and legible. That includes your sticker too. What might be clear and legible to one police officer might not be to the next officer. That’s when we get into the spirit of the law and the subjectivity of a police officer. A judge may or may not agree with an officer.
Arrested for swapping plates or stickers on a vehicle? Contact RHINO Lawyers. Our criminal defense team can do a lot better than 60 days, $500 and a criminal conviction. On a plate frame charge, you stand a good chance of a judge tossing it when we’re representing you.
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DUI, Hit & Run Driver Injure Cyclist and Pedestrian
In a tough weekend for cyclists and pedestrians, a couple of tragedies underscored the dangers of those who travel among the cars on the roads and highways in Tampa.
In one case, a 17-year-old girl’s lost her life after a drunk driver struck her as she was riding her bike in a bike lane on the Indian Rocks Causeway Bridge. The accident happened around 10:30 p.m. Friday, June 28, 2019, when a BMW veered into the bike lane and struck her. The driver is in jail awaiting trial on charges of DUI and manslaughter.
Paramedics rushed her to a local hospital, but unfortunately, she died from her injuries. Friends and classmates were shocked and upset at the news. The victim had signed up to become a Marine after graduating high school, and she played on the school’s football team.
In another case, a pedestrian hit by a car near the I-75 northbound rest stop in Hillsborough County on Saturday, June 29, 2019, around 12:15 p.m. According to witnesses, the deceased was on the side of the road on I-75 when a Volvo commercial vehicle struck him. The driver kept on going, and California Highway Patrol is asking anyone with information to call them at (813) 558-1800.
Pedestrians and Cyclists
There are laws that protect cyclists and pedestrians from being injured by cars, but even with these laws, accidents occur. Both groups are especially vulnerable to injury. They do not have protection when traveling on the roads and streets where motor vehicles run.
Even the slightest bump by a car that weighs at the least around 15 to 20 times the weight of the average person—even with a bicycle—can be deadly. A cyclist is almost always knocked to the ground. And, a pedestrian has nothing protecting him or her from the vehicle.
The Law and Negligence
When a driver breaks the law and injures a pedestrian or cyclist, what happens? Does this mean it’s automatically the driver’s fault? Can the injured person just sit back and wait to collect compensation?
The answer is no, a law violation doesn’t mean that the driver is automatically at fault. In fact, Florida state law says that a violation of a criminal law or traffic code is not to be used to automatically say a driver is at fault in a personal injury case.
This means that the injured person—or their family in a wrongful death case—must prove that the driver was at fault. More importantly, they must determine the driver to have acted negligently.
DUI
If the person was impaired, it sure seems that the driver is going to be at fault, and more times than not, this is the case. However, an impaired driver may not be the one that ran the light or drove into the side of the other car. The injured must still prove that the impaired driver was at fault.
Hit-and-Run
The same goes for a hit-and-run driver. They will face criminal charges when caught. In some cases of serious injury felony. However, at a civil trial, the court will look at which person was responsible for the accident.
Do I need an Attorney?
Injured as a pedestrian or a cyclist by a hit-and-run or drunk driver, then don’t make any assumptions. Speak to our personal injury team who can give you an unbiased evaluation of your case and inform you of your rights.
At RHINO Lawyers, we offer a free consultation to go over your case and help you to get the best possible outcome.
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Wrong Way Driver Kills Motorcyclist in Head-On Collision
A man driving the wrong way on a freeway hit a motorcycle rider head-on killing the rider. The tragic accident happened on I-75 in Pasco County around 3:30 p.m., Wednesday, June 19, 2019. According to Florida Highway Patrol, the 84-year-old driver of a 1994 Lincoln Town Car was getting on the onramp to I-75 northbound from I-275, and when he came to the end of the onramp, he inexplicably made a turn to the south and begin driving the wrong way on I-75.
Another car swerved out of the way and hit a pickup truck in a minor collision. The Lincoln swerved as well and ended up driving on the west shoulder of the freeway. A 45-year-old man riding a Harley Davidson motorcycle swerved to avoid the cars in front of him and also went to the west shoulder and met the Lincoln head-on.
Police are still investigating the accident and say that it’s too early to tell if any charges will be filed.
Wrong-Way Accidents
Each year, around 350 to 400 people die in wrong-way driving accidents across the country. Most of these end up in a head-on collision which is one of the deadliest types of crashes. These accidents happen primarily because someone enters the freeway or other divided highway on an exit ramp, or turns the wrong way when using the on-ramp.
According to the Highway Traffic Safety Administration, there are four primary scenarios that lead to a WWD incident: Impaired drivers, confused drivers, poor signage and weather.
In the crash above, police say the driver was confused.
What do I do if I’ve Been Injured in a Wrong-Way Driving Accident?
The best thing to do after you take care of your immediate medical needs is to talk to an attorney. Don’t talk to anyone from the insurance company or their lawyers until you have spoken to an attorney. At RHINO Lawyers, our personal injury team offer a free consultation where we can inform you of your rights under the law.
We have the experience to deal with the insurance companies and their tactics. Then we can deal with the insurance company and work hard to get you the compensation you deserve.
RHINO Lawyers is the powerful, results-driven law firm, that takes Insurance Companies and Bullies “head-on!” We describe our bold modern approach to “Accident & Personal Injury Law” and “Our Personal Mission” to empower Florida’s families to “Take Charge!”
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