April 11, 2014

What are the Rights of Child Pedestrians On Their Way to School or a Bus Stop?

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In Florida and other States, children are often walking to and from schools and bus stops in the morning hours and the afternoon hours. Because of the presence of children as pedestrians, it is important that all drivers exercise due caution and slow down during these time periods. Otherwise, child pedestrians are put at risk for serious personal injuries and in some instances the wrongful death of a child. A number of years ago, I received a call regarding a school bus incident involving the tragic death of a child pedestrian. It is a telephone call and moment of time that I will never forget. In handling that and other cases, it has been one of my mission a child safety advocate and child injury lawyer to remind drivers every chance I get about the importance of safe, slow and attentive driving during the time periods that child pedestrians are near roadways at their designated bus stops.

It was recently reported by News 4 Jax other news and media outlets that two teenagers were hit by a pick up truck while the children were waling towards their designated bus stop near County Road 214 in Keystone Heights (Clay County) Florida. It was reported that the teen girl suffered minor injuries while the teen boy suffered life threaning injuries and was airlifted to Shands - UF Health located in Gainesville, Florida. You can read more about this story at Child Pedestrians Walking to the Bus Stop Injured in Clay County, Florida.

When a child suffers personal injuries as a pedestrian, there are a number of insurance and legal issues that arise for the parents to deal with. The book titled - When the Wheels Stop Spinning - Legal Rights of the Injured Child - What Parents Need to Know After the Accident. This book has chapters on Pedestrian Injuries, Medical Bills and Insurance and other topics. You can get this book for free at When the Wheels Stop Spinning.

Remember to slow down during the times that children are on the way to the bus stop and any place where there are child pedestrians. Drive safe and smart and be mindful of the safety of the children in the community.

April 10, 2014

Will There Be Justice for the Victims and Familes of the Kindercare Tragedy in Winter Park, Florida?

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An absolutely horrrific crash took place in Winter Park, Florida. It was reported by a number of news outlets and the media that a vehicle crashed into a Kindercare. One child died and a number of other children and adults suffered serious personal injuries. As a child injury lawyer and a child safety advocate, I have read the news reports and updates with great interest. One question that comes to mind is as follows: Will there be justice for the victims and families of the Kindercare Tragedy in Winter Park, Florida? Before answering this question, it should be noted that the answer all depends on your definition of justice and how far justice should go in addressing or redressing the harm caused by the alleged careless or negligent acts of others. It appears that the police have issued an arrest warrant for a person charged with fleeing the scene and allegedly causing the accident. If the alleged at fault driver is prosecuted and then sent to prison, will this consitute justice for the alleged crimes committed? Possibly, again, it all depends on one's definition of justice.

How about a civil claim or case against the at fault driver? First, from a practical standpoint, did the alleged at fault driver or owner have insurance coverage? What was the extent of the insurance coverage? Due to the fact that many people were injured, it is most likely that the amount of coverage will be insufficient to fully compensate the victims and the families of the victims for the injuries and damages caused by this crash. Is justice served if just a small amount of money is distributed to the victims and families? Obviously, from a civil law standpoint and analysis, the answer to this question would be no. It should be noted that there may be Uninsured Motorist coverage for the victims and families on a vehicle owned by the victim and / or the victim's family. This could be a possible source of compensation depending on the coverages obtained and the language of the insuance policy.

It should be noted that any person charged with a crime is entitled representation by a private criminal defense attorney or the public defender's office. While the facts of this case may seem clear to some, the successful prosecution of a criminal case will involve many moving parts and a good bit of work and attention to detail. Any person arrested will be entitled to defend himself or herself from the criminal charges. However, it is rather suspect and concerning that the driver of the Durrango involved in the crash fled the scene and is not be sought out by law enforcement. Why did he flee the scene? Will he have an explanation or excuse for how the crash took place?

The community in Winter Park and the surrounding area will need a tremendous amount of support to help get through this stressful times. It is important that family and friends do what they can to support the victims and the families. Hopefully, the vicitms and families will find comfort in their neighborhoods, communities, and religious institutions as they take their time to deal with the aftermath of truly a tragic day in history for this community.


April 9, 2014

Deadly Crash into Day Care Center - A Far Too Common Occurence - Legal Rights of the Injured Children and Families

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Tragedy struck the peacefulness of the KinderCare located in Winter Park, Florida. It was reported by Fox 11 News and other media outlets that a car crashed into the day care center located in the Orlando area. One child died and 14 others suffered personal injuries. Most of the injury victims were children. Many of which were treated at Arnold Palmer Children's Hospital. It was reported that a Dodge Durrango crashed into a Toyota Solara which, in turn, crashed into the day care center. It was further reported that the Dodge Durrango fled the scene but was later located by law enforcement officials. The Mayor of Orange County stated that the crash was "absolute tragedy and disaster." Certainly, the Mayor was right on point as to the horrendous nature of this crash and the loss and resulting stress for the families and the community.

The Child Injury Lawyer Blog has posted a number of prior articles about cars crashing into day care centers. Unfortunately, these incidents happen far too often. Safer and slower driving in many instances can help avoid these incidents or reduce the severity o the damages and injuries caused by these incident.

From the basic facts presented, it does not appear that the day care center is liable for the injuries caused by the accident. Florida law does not make a day care center or a school an absolute insurer or guarantor of the safety of a child. A day care center or school is responsible for providing a reasonably safe environment and to protect children from foreseeable incidents and dangers.

There may be liability on the part of an at fault driver for incidents like the one reported in Winter Park. In the State of Florida, a driver has the duty to operate his or her motor vehicle in a reasonably safe manner and to obey all traffic rules and regulations. Speed limits should be followed. Furthermore, the speed of a vehicle should be below the speed limit if there is heavy traffic, construction, or other practical reasons to slow down.

You can read more about the tragic crash into the day care center at Children Injured When Vehicle Crashes into Florida Day Care Center.

When a child suffers an injury as a result of the negligence of a person, business entity, or government, a child and his or her family can pursue a claim or case for the resulting damages and harm to the child. Each case should be evaluated on its own merits. When reviewing a case, a Florida Child Injury Lawyer will review both the legal and practical aspects of the claim or the case. In the State of Florida, personal injury cases on behalf of a minor child are handled differently than those for an adult. As such, it is important to hire a Florida Personal Injury Lawyer who is experienced with these case and who will act in the best interest of the child. The book - When the Wheels Stop Turning - Legal Rights of the Injured Child - What Parents Need to Know After the Accident - has chapters on Automobile Accidents, Bicycle Accidents, Pedestrian Accidents, Wrongful Death, Medical Bills and Insurance, and other topics. You can get this book for free at When the Wheels Stop Spinning.

Another resouce for parents and other seeking information following a serious automobile accident is the book - When a Parent's World Goes From Full to Empty - The Wrongful Death of a Child - What You Need to Know About The Florida Wrongful Death Act. You can get this book for free at When a Parent's World Goes From Full to Empty.

November 7, 2013

What is the Difference Between a Civil and Criminal Case Involving the Florida Wrongful Death of a Child?

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In Florida and other States, day care centers are responsible for the health, education, safety, and well being of children enrolled in the program. Being a child care provider is among the most important jobs in the community. While it may not be the highest paying position, it is nonetheless a vital position to be responsible for the safety of children. Tragically, children die at day care centers or while under the care of day care centers. One would assume that a day care center is a safe place for children and that the day care center staff is well trained and attentive to the needs of the children. While this is true and accurate in most instances, there are still far too many children who are seriously injured or even die as a result of the negligence or carelessness of the day care center staff charged with the responsibility to supervise the children. When a child dies at a day care center as a result of the fault or negligence of the staff, there may be a case pursued against the owner, individual, and the facility. There are two basic types of cases that can be pursued: 1. Criminal Case 2. Civil Case

1. Criminal Case. If a day care worker, employee, or owner violated a law, the local police and State Attorney's office could pursue criminal charges against the person. The decisions to file and then follow through with a criminal prosecution are left in the hands of State and local authorities. While a parent of a child victim can have input in these matters, the parent does not control the ultimate arrest and filing decisions by the government authorities. On a case by case basis, restitution or compensation may be awarded but this is typically limited to economic damages or expenses. In other words, medical bills may be ordered as part of the criminal case but typically pain and suffering type of damages are not part of the criminal court order or resolution of the criminal matter. The burden of proof in a criminal case in the State of Florida is "beyond a reasonable doubt".

2. Civil Case. A civil case or claim can be pursued regardless of the filing or outcome of a criminal case. A civil case is not necessarily dependent on the criminal case; however, evidence and testimony obtained through the criminal case can be helpful to proving and prevailing on the civil case against the day care center and its employees. As a practical matter, there are considerations or factors in a civil case that are somewhat different than a criminal case. For instance, the availability of liability insurance is typically a big concern in a civil case. In most civil cases involving a child who suffered injuries at a day care center, the remedy sought by the parent through a Florida Child Injury Lawyer is compensation. It should be noted that a day care center and its employees can be sued and a big judgment can be obtained against them. However, it is quite a different challenge to collect upon this judgment especially if there is no available liability insurance. The availability or lack of availability of liability insurance is just one factor among many that are part of the evaluation of a Florida Day Care Center case.

The book - Florida Day Care Center Injuries - Legal Rights of the Injured Child - Building Blocks of Knowledge for Parents - has chapters on Indoor Facilities, Outdoor Facilities, Emergency Procedures, Documentation, and other matters. You can get this book for free at Florida Day Care Center Injuries Book.


October 2, 2013

Is Homeowner's Insurance Required to Cover Dog Bite Related Personal Injuries in the State of Florida?

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In the State of Florida, dog are present in virtually every neighborhood. Dog ownership is both a great job and an important responsibility. In the State of Florida, a dog owner is strictly liable when the dog bites another person. While there are some exceptions to this general law and rule, the dog owner is typically liable for the dog bite related injuries in the State of Florida. When a person is bit by a dog, there is often a question or issue as to insurance question. As a Florida Child Injury Lawyer, the following question is often asked:

Is Homeowner's Insurance Required to Cover Dog Bite Related Personal Injuries?

The simple answer to this question is "No". Of course, there is more to the question and answer as stated. First, if there is dog bite related coverage under the homeowner's insurance policy, then the insurance carrier should provide compensation for the dog bite victim; however, many insurance policies in the State of Florida either do not cover dog bite related injuries or there is an exception or exemption in the Florida homeowner's insurance policy for dog bite related injuries.

There is no Statewide requirement in Florida that a dog owner carry liability, homeowner's, or renter's insurance that provide coverage for dog bite related injuries. While there are minimum insurance requirements for automobile owners in the State of Florida, there is no correponding requirement for insurance for dog owners in the State of Florida. In fact, some counties do not even require any registration or tagging of dogs as a requirement of dog ownership.

When an adult or child is bit by a dog, there are often many challenges including those related to medical care, medical bills, insurance, and, yes, the legal rights of the dog bite victim. The book - The ABCs of Child Injury - Legal Rights of the Injured Child - What Every Parent Should Know - has chapters on Dog Bite Injuries, Automobile Accidents, Day Care Center Injuries, School Injuries, and other topics. You can get this book for free at The ABCs of Child Injury.

October 1, 2013

What is the Law for Texting and Driving in the State of Florida? New Law Effective October 1, 2013

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October 1, 2013 marks the date the drivers in the State of Florida will be subject to Section 316.305, Wireless Communications - Prohibition. The pivotal part of the statute is as follows:

A person may not operate a motor vehicle while manually typing or entering multiple letters, numbers, symbols, or other characters into a wireless communications device or while sending or reading data on such a device for the purpose of nonvoice interpersonal communication, including, but not limited to, communication methods known as texting, e-mailing, and instant messaging.

It is clear that the statute prohibits texting while driving as well as e-mailing while driving. It also prohibits the reading of text messages, e-mails, web pages, and other content on a wireless communications device / mobile phone while driving.

This law was passed due to the rampant increase in distracted driving cause in great part to the use of mobile phones which advanced technology that allows for e-mails, texts, and web browsing. The law is part of the efforts of Florida lawmakers to make the roads safer for all drivers, pedestrians, and bicyclists.

If you, a family member, or child has been injured as a result of a Florida Automobile Accident, it is important to get advice and representation from a Florida Personal Injury Lawyer. At Wood, Atter & Wolf, the firm has been representing accident victims since 1957. When you are injured in an automobile accident, we are On Your Side - At Your Side.

David Wolf is a personal injury lawyer and partner of the law firm of Wood, Atter & Wolf. With over 23 years of experience, Mr. Wolf has represented thousands of clients throughout the years. With this experience and years of study and practice in the field of personal injury, Wolf has authored four books dedicated to child injury issues as follows:

The ABCs of Child Injury - Legal Rights of the Injured Child - What Every Parent Should Know;

When the Wheels Stop Spinning - Legal Rights of the Injured Child - What Parents Need to Know After the Accident;

Florida Day Care Center Injuries - Legal Rights of the Injured Child - Building Blocks of Knowledge for Parents; and

When a Parent's World Goes from Full to Empty - The Wrongful Death of a Child - What You Need to Know about the Florida Wrongful Death Act.

You can order one or more of these books by visiting the Official Website for Wood, Atter & Wolf, P.A. and click on the book icons to order them.

The full version of Section 316.305, Florida Statutes can be read below. Follow the law and make Florida roads that much safer.

316.305 Wireless Communications Devices; Prohibition.—
(1) This section may be cited as the “Florida Ban on Texting While Driving Law.”
(2) It is the intent of the Legislature to:
(a) Improve roadway safety for all vehicle operators, vehicle passengers, bicyclists, pedestrians, and other road users.
(b) Prevent crashes related to the act of text messaging while driving a motor vehicle.
(c) Reduce injuries, deaths, property damage, health care costs, health insurance rates, and automobile insurance rates related to motor vehicle crashes.
(d) Authorize law enforcement officers to stop motor vehicles and issue citations as a secondary offense to persons who are texting while driving.
(3)(a) A person may not operate a motor vehicle while manually typing or entering multiple letters, numbers, symbols, or other characters into a wireless communications device or while sending or reading data on such a device for the purpose of nonvoice interpersonal communication, including, but not limited to, communication methods known as texting, e-mailing, and instant messaging. As used in this section, the term “wireless communications device” means any handheld device used or capable of being used in a handheld manner, that is designed or intended to receive or transmit text or character-based messages, access or store data, or connect to the Internet or any communications service as defined in s. 812.15 and that allows text communications. For the purposes of this paragraph, a motor vehicle that is stationary is not being operated and is not subject to the prohibition in this paragraph.
(b) Paragraph (a) does not apply to a motor vehicle operator who is:
1. Performing official duties as an operator of an authorized emergency vehicle as defined in s. 322.01, a law enforcement or fire service professional, or an emergency medical services professional.
2. Reporting an emergency or criminal or suspicious activity to law enforcement authorities.
3. Receiving messages that are:
a. Related to the operation or navigation of the motor vehicle;
b. Safety-related information, including emergency, traffic, or weather alerts;
c. Data used primarily by the motor vehicle; or
d. Radio broadcasts.
4. Using a device or system for navigation purposes.
5. Conducting wireless interpersonal communication that does not require manual entry of multiple letters, numbers, or symbols, except to activate, deactivate, or initiate a feature or function.
6. Conducting wireless interpersonal communication that does not require reading text messages, except to activate, deactivate, or initiate a feature or function.
7. Operating an autonomous vehicle, as defined in s. 316.003, in autonomous mode.
(c) Only in the event of a crash resulting in death or personal injury, a user’s billing records for a wireless communications device or the testimony of or written statements from appropriate authorities receiving such messages may be admissible as evidence in any proceeding to determine whether a violation of paragraph (a) has been committed.
(4)(a) Any person who violates paragraph (3)(a) commits a noncriminal traffic infraction, punishable as a nonmoving violation as provided in chapter 318.
(b) Any person who commits a second or subsequent violation of paragraph (3)(a) within 5 years after the date of a prior conviction for a violation of paragraph (3)(a) commits a noncriminal traffic infraction, punishable as a moving violation as provided in chapter 318.
(5) Enforcement of this section by state or local law enforcement agencies must be accomplished only as a secondary action when an operator of a motor vehicle has been detained for a suspected violation of another provision of this chapter, chapter 320, or chapter 322.
History.—s. 1, ch. 2013-58.

http://www.flsenate.gov/Laws/Statutes/2013/316.305

September 29, 2013

What is a Child Suffers Neck or Back Injuries in an Automobile Accident in Florida?

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In Florida like many other States, automobile accidents, bicycle accidents, and pedestrian accidents are common occurences. Many such accidents result from careless driving, excessive speed, failing to obey traffic signs or signals, or distracted driving. Children often suffer personal injuires due the negligence of others. When a child is injured in an automobile accident, it is not always easy to determine the seriousness or severity of the injuries due to the age of the child, maturity of the child, and other factors. When a child suffers a neck or back injury, the child should be timely and properly examined by a qualified medical provider.

Depending on the initial clinical findings and observations of the medical provider, diagnostic testing may be ordered in the form of X-rays, MRI films, and /or CT Scans. Beyond the emergency room, there may be a number of additional medical providers available for ongoing treatment as necessary and recommended by therapists, chiropractors, sports medicicine doctors, neurologists, pain management doctors, orthopedists and others. The payment of the medical bills will depend on the availability of automobile insurance, health insurance, and / or government insurance for the child. It can be quite confusing and challengning for a parent dealing with the issues that arise following an automobile accident. Because of this, it is important for a parent of an injured child to consult with a Florida Child Injury Lawyer to advice and guidance as to the Florida laws on point, availability and application of insurance benefits, and other matters.

The book titled - When the Wheels Stop Spinning - Legal Rights of the Injured Child - What Parents Need to Know After the Accident - has chapters on Automobile Insurance, Automobile Accidents, Pedestrian Accidents, Bicycle Accidents, Wrongful Death, and other topics. You can get this book for free at When the Wheels Stop Spinning.


September 24, 2013

What if a Child Is Injured or Killed as a Pedestrian? What are the Rights of the Child and Family in Florida?

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In Florida, we have a climate that essentially allows us to be outside virtually every day. Because of this, there are children pedestrians on or near the streets every day of the year. Drivers should be on the look out for both children and adult pedestrians especially in and around schools, neighborhoods, and other areas where they are. While traffic lights, flashing signs, crossing guards, and crosswalks are all nice to have in place, a pedestrian may be on or near the roadway in other areas as well. Yes, it would be a wonderful and safer world with crossing guards at every intersection - day and night - where a child may be walking. However, this is not realistic. While many pedestrian accidents and injuries take place in the street, some even take place when a driver negligently or for some other reason drives off the side of the road and into a sidewalk or even a building. While one may assume that the sidewalk is a place a safety, accidents and injuries can still take place even when a pedestrian - child or adult - is merely walking down a sidewalk in a residential, rural, or commercial area.

When a child is injured as a pedestrian, there are often many challenges facing both the child and the parent doing his or her best to care for and provide for the child who has been seriously injured. Regarding incidents in which the child dies as a result of the injuries, there is unimaginable heartbreak for the parents, rest of the family, and the community. At these times, it is important for parents to have support of family and friends. At some point in time, a parent or concerned family member may end up reaching out to a Florida Child Injury Lawyer for advice as to the rights of the child and parents in the aftermath of a child injury.

David Wolf is a Florida Child Injury Lawyer with over 23 years of experience. He is active in the community and donates a good bit of his time to organizations like the Jacksonville Jewish Community Alliance where he serves as treasurer and Creeks Athletic Association Soccer where he serves as secretary. The safety and well being of children have always been a priority for Wolf. Seeing a need for parents to have some information in the aftermath of an accident or injury, Wolf has authored four books focusing on child injuries. Three such books provide information to parents when there has been an automobile, bicycle, or pedestrian accident. You can get these books for free at:

The ABCs of Child Injury - Legal Rights of the Injured Child - What Every Parent Should Know;

When the Wheels Stop Spinning - Legal Rights of the Injured Child - What Parents Need to Know After the Accident; and

When a Parent's World Goes from Full to Empty - The Wrongful Death of a Child - What You Need to Know About the Florida Wrongful Death Act.

A recent child pedestrian accident was reported in Lake Worth, Florida when a 3 year old girl was struck by a driver who lost control of his vehicle. The child was taking a walk with her baby sitter and was walking on a Palm Beach County Florida sidewalk. You can read more about this story at Three Year Old Girl Fatally Struck by Out-of-Control Pickup Truck During Afternoon Walk with Baby Sitter. According to the news report, the accident is under investigation. Typically, when a serious accident including a death, results from a pedestrian or automobile accident in Florida, there is a full investigation by the local police agency and / or the Florida Highway Patrol. It was reported in the news story that the driver may have suffered a medical condition or episode which was a factor in the accident.

When there is an accident or injury involving a child pedestrian, there are a number of issues or factors that will need to be evaluated to determine the respective rights of the injured child and the family of the injured child including the following:

Was the accident or incicent preventable?

Did the driver operate the vehicle in a negligent or careless manner?

Did the driver have a valid driver's license?

Did the driver have any medical restrictions on driving?

Was the driver under the influence of drugs, prescription medication or alcohol?

Did the owner of the vehicle (if different than the driver) know of any issues that may have prevented or hindered the driver from safely operating the motor vehicle?

What was the speed limit in the area?

Were there any actions on the part of the child pedestrian or adult superving the child that caused or contributed to the incident?

It should be noted that all Florida Child Pedestrian Accidents and Incidents should be evaluated on their own merits. Each case and incident will be slightly different and it is important for a parent of an injured child to get advice from a Florida Child Injury Lawyer to better under the rights of the injured child and the applicable Florida laws.

September 23, 2013

Should a Parent Take the Injured Child to the Emergency Room? Who Pays for the Emergency Room Visit?

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When a child suffers a personal injury as a result of an automobile accident, bicycle accident, pedestrian accident, or an incident at a day care center, school, or other location, a parent is often faced with the decision as to whether the child should be taken to the emergency room for an evaluation and treatment. In some instances, it is an easy decision when it is apparent that there are life threatening injuries. In other instances, when the injuries are minor like a small scratch to the finger, it would appear that an ER visit would be unnecessary. It is all of the incidents in between that cause stress for a parent when making the decision. Of course, the decision to take a child to the ER is a medical one that should be carefully made. Parents should proceed and error on the side of caution. In other words, if there is a question or possibility that the child suffered a serious personal injury, the child should be taken to the ER or at least to an urgent care center as soon as possible. There was an article on this topic that helped shed some light on this issue - See To the ER or Not - 5 Child Injury Questions.

Another issue faced by parent is the source of payment for an ER visit. The payment source will depend on the type of incident, availability of automobile, health, liability, and / or medical payment insurance. It will also depend if another person or entity is at fault for the injuries. In many instances, the source of payment can be worked out with the hospital at the hospital or at a later date. Often times, it is helpful to discuss legal rights of the injured child, payment sources for medical bills, and legal liability with a Florida Child Injury Lawyer.

The issues of medical treatment and payment sources are covered in two books written by Florida Child Injury Lawyer - David Wolf - The ABCs of Child Injury - Legal Rights of the Injured Child and When the Wheels Stop Spinning - Legal Rights of the Injured Child - What Parents Need to Know After the Accident. You can get each book for free at The ABCs of Child Injury and When the Wheels Stop Spinning.

September 22, 2013

What are the Legal Rights of Injured Pedestrians in the State of Florida? Personal Injuries - Wrongful Death

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In the State of Florida, both drivers and pedestrians have a duty to exercise due care when on or near the roadways. All traffic control devices should be obeyed. A pedestrian should not dart into traffic and have a duty to use all available crosswalks and traffic control devices available when walking across a street. It should be noted that Florida has comparative fault laws in place. That means that the fault for an accident can be apportioned between the driver and pedestrian when it is not a clear 100 % liability or fault situation that can be attributed to the driver or pedestrian. Furthermore, it should be noted that if an accident can be avoided with due care or safer driving - then there is a further argument to assess liability or a greater share of the fault to the driver when a pedestrian is hit by a vehicle. Section 314.130, Florida Statutes, provides for the rights and responsibilities of drivers and pedestrians when dealing with crosswalks and the crossing of the street by pedestrians. One section of this Florida Statute that should be mentioned is the following:

Notwithstanding other provisions of this chapter, 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.

Pedestrians are at risk these days due to distracted driving and unsafe driving. It is certainly a tragedy when a pedestrian is hit by a vehicle especially when the incident could have been avoided. Another nuance of Florida law that should be mentioned is the use and effect of police reports and investigations completed by the Florida Highway Patrol and / or other law enforcement agencies. If an injured pedestrian or family member of an injured pedestrian, a civil claim or case can be pursued regardless of the findings of the investigating police agency. In other words, the police do not control the disposition or the ability to pursue a civil claim for damages. An injured pedestrian or the family of the injured pedestrian can hire an attorney and an accident reconstruction expert as needed to conduct an independent investigation of the accident to determine fault or liability for an accident.

In Jacksonville, Florida, a recent pedestrian accident made headlines and had a ripple effect throughout the Mandarin and Jewish community. It was reported that Esther Ohayon and her 16 year old daughter, Orly, were hit while crossing San Jose Boulevard while attempting to cross this busy street. Following the accident, there has been a call for the City of Jacksonville and the Department of Transporation to study the intersection to determine if the crosswalk devices give pedestrians enough time to safely cross the street. You can read more about this story at Tragic Accidents on Jacksonville, Florida Road Exposed Complications in Creating Safe Crossing Areas.

Dealing with the aftermath of a pedestrian, automobile, bicycle, or other related accident can be quite challenging for a family. It is important for injured pedestrians and their family members to get assistance following an accident for medical care, counseling, medical bills, and yet, when appropriate, for legal advice. The book titled, When the Wheels Stop Spinning - Legal Rights of the Injured Child - What Parents Need to Know After the Accident. You can get this book for free at When the Wheels Stop Spinning.

August 20, 2013

Legal Rights of the Injured Child - Was the Injury Preventable? Who is Responsible for the Damages / Medical Care?

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When a child is injured as a result of an automobile accident, bicycle accident, or pedestrian accident, a parent is often faced with questions, issues, and challenges. It is tough enough being a parent and the task is made so much more difficult when dealing with the aftermath of an accident or injury. Some injuries result from mother nature (i.e. bad weather), wrong place / wrong time, and some other event that were both unpredictable and unpreventable. Other injures result from the negligence or fault of others. One key issue that arises is the following: Was the injury preventable? In many cases, the simple answer is "Yes". For instance, if the driver was paying more attention to the road conditions and traffic, the accident would have been prevented. Another example would be a driver who was speeding in a school zone and tragically hit a child pedestrian. Like other legal matters, the case should be evaluated on its own facts and circumstances. Another issue that is raised is the following: Who is responsible for the damages / medical bills? Like many legal issues, the answer to this question is "it depends." The following facts and circumstances should be evaluated: the person at fault, the insurance coverage in place, the type of accident (automobile, pedestrian, or bicycle), the type of injuries sustained, the need for future treatment, and other matters.

The book titled - When the Wheels Stop Spinning - Legal Rights of the Injured Child - What Parents Need to Know After the Accident - has chapters on Medical Bills, Automobile Accidents, Pedestrian Accidents, Bicycle Accidents, Insurance Coverage, Wrongful Death, and other topics. It is a great and FREE resource for parents seeking guidance and helpful information when a child is injured as a result of an accident. The book can be obtained for free by visiting the Wood, Atter & Wolf Website - Free Book Offer to Parents - When the Wheels Stop Spinning. The book was written by David Wolf, an attorney who has dedicated his entire legal career advocating for the enforcement of rights of children and their best interests.

June 3, 2013

Should a Parent Contact an Attorney When a Child is Injured at a Day Care Center?

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When a child is enrolled in a Florida Day Care Center, a parent expects that the child is cared for in a supportive environment that is well maintained with proper staffing. Unfortunately, children at day care centers often suffer injuries due to the negligence or carelessness of the day care center. When a child suffers an injury at a day care center, a parent is often faced with the dilemma or decision as to what to do. In particular, should a parent contact a Florida Child Injury Lawyer when a child is injured at a Florida Day Care Center? The simple answer to this question is "Yes". It is important that a parent is properly and timely informed of the legal rights of the injured child when the child suffers injuries at a Florida Day Care Center. Is a Florida Day Care Center legally liable for every single injury that takes place at the Florida Day Care Center or during an activity supervised by a Florida Day Care Center? The simple answer to this question is "No". Because each case or incident must be evaluated based on its own facts, circumstances, and merits, the review of the case should be completed by a Florida Child Injury Lawyer to make sure that the parent is properly advised of the legal rights of the injured child. The four basic elements of a Florida Day Care Center case are as follows:

Duty. A Florida Day Care Center has the duty to provide reasonable and timely care and supervision of the children enrolled in the program. In addition, the Florida Day Care Center has the duty to following the laws of the State of Florida including the Florida Statutes, Florida Administrative Code, local codes and ordinances, and other laws / regulations for Florida Day Care Centers.

Breach of Duty. As the second element of a case, a Florida Day Care Center breaches a duty when it fails to take appropriate action or acts (through its employees, staff, and agents) in a negligent or careless manner.

Causation. The third element known as Causation is often times the most difficult element to prove. In order to establish a proper case or claim for a viable personal injury claim against a Florida Day Care Center, it must be shown the the breach of duty was the actual cause or a substanial cause of the damages.

Damages. This element refers to the injuries caused by the Breach of Duty. Injuries can be in the form of physical OR emotional injuries; however, in many instances, it may be difficult to prove up the actual emotional injuries caused by the Breach of Duty. As stated above, each claim or case must be evaluated on its own merit.

If all of the above elements can be established, does this mean that a case or claim should be pursued against the Florida Day Care Center by the parents of the injured child? The simple answer to this question is "Maybe." There are a number of factors that a parent should consider before pursuing a claim or case against the Florida Day Care Center. An experienced Florida Child Injury Lawyer can assist a parent in making the right decision for a particular claim or case.

The book - Florida Day Care Center Injuries - Legal Rights of the Injured Child - Building Blocks of Knowledge for Parents - has chapters on Indoor Facilities, Outdoor Facilities, Playgrounds, Staffing, Emergency Procedures, and other topics. You can get this book for free at Florida Day Care Center Injuries.

 
 
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