Florida Bicycle Accident Injuries.001Florida is a state that is filled year round with bicycle rides and cyclists of all ages and skill levels.  During any given trip by a driver of a motor vehicle – long or short, there is a high probability that you will pass or see a bicyclist on or near the roadway. It is vital that all drivers slow down near bicyclists and treat each bicyclist with due respect.  Let’s face it – a bicyclist / bicycle is no match (weight, force, and speed) for any motor vehicle out on the roads.   Distracted driving is an ongoing problem in the State of Florida.  Drivers are unfortunately and tragically paying more attention to their phone, text messages, and e-mails than other drivers, pedestrians, and, yes, bicyclist on or near the roads, highways, and streets.
Florida has adopted a comparative fault set of laws applicable to automobile accidents, trucking accidents, bicycle accidents, and pedestrian accidents.  In other words, in order to pursue a case for compensation for personal injuries, the injured bicyclist can be partially at fault for the accident or incident.  In representing an injured bicyclist, it is preferable if the driver is 100 % at fault; however, there may be circumstances where the bicyclist is partially at fault. There also can be situations in which two or more drivers may be at fault for a bicycle accident leading to personal injuries.
It should be noted that under Florida Statutes a bicyclist is given the same rights as a pedestrian under many situations.  As such, drivers should keep the law in mind as well the safety of all bicyclists and pedestrians in mind when operating a motor vehicle in the State of Florida.  It should also be noted that Florida has adopted a Dangerous Instrumentality Law as it applies to automobile accidents and bicycle accidents.  As such, the registered owner of a motor vehicle is liable for the negligence of a permissive driver even if the owner did nothing wrong OR was not even present at the time of the incident or crash leading to the personal injuries of the bicyclist.

Florida Pool.001In Florida, it is common to see swimming pools in most neighborhood.  It is somewhat of a luxury to have a swimming pool right there in the back yard.  Swimming pools can add to the aesthetics of the house and surrounding.  Swimming pools can also provide for a great deal of fun and relaxation for adults and children alike.  Unfortunate and tragically, swimming pools are also the site of horrible tragedies that despite laws, common sense, and the general knowledge of other similar tragedies continue to take place.  It has been reported that Florida leads the nations in drowning for children under the age of 5 years old.  Florida has ranked second in drownings the age group of 1 to 14 years old.  Florida’s weather allows for swimming almost year round.  During Spring and Summer months, it is tragically predictable that additional drownings of small children will take place.
Florida has adopted a swimming pool act that applies to all homeowners with a swimming pool.  There must be a barrier that is at least 4 feet high on the outside.  There should not be any gaps, openings, or structural components that would allow a child to crawl or squeeze through the barrier or enclosure.  You can read more about these regulations at Section 515.29, Florida Statutes – Residential Swimming Pool Barrier Requirements.
Can a homeowner be held liable or responsible with a child neighbor or child visitor drowns in the swimming pool in Florida?  The answer to this question like most legal question is “It depends.”  If the homeowner failed to follow the Florida Residential Swimming Pool Act and these violations were the proximate cause of the drowning – then the homeowner may be held liable or responsible for the drowning.

Stop Sign Negligence.001A Stop Sign is posted due to he traffic pattern and flow in a particular geographic area. It should also be noted that there should not be any ambiguities or doubts as to the purpose and function of a Stop Sign. Furthermore, it is clear that once a driver stops at a Stop Sign – he or she should diligently be on the look out for other traffic and then take whatever time is necessary to safely proceed through the intersection at issue. In Florida and other States, many automobile accidents occur due to the failure to obey speed limits and traffic signage. There is also a significant problem with Distracted Driving due to mobile phone use, Web Browsing, and Text Messaging.  Many lives can be saved and many personal injuries due to Florida Automobile Accidents can be avoided by simply obeying and following the traffic signage like a Stop Sign and by being more attentive to traffic and weather conditions.

It was recently reported in Hastings, St. Johns County, Florida that four people were transported to a hospital.  The intial news and media reports indicated that a pick up truck driver ran a stop sign.  Due to fact that a death and serious personal injuries resulted from this Florida Automobile Accident, a full investigation including a Traffic Homicide Report will be completed by local law enforcement officials and / or the Florida Highway Patrol.   Certainly, any time that a person dies as a result of a Florida Automobile Accident – it is tragic.  Even more so if it is determined that that the automobile accident was avoidable with more attentive driving.  It should be noted that with more attentive driving and patience – many such Florida motor vehicle crashes can be avoided.

When there is a motor vehicle crash, the personal injury victims are faced with a number of challenges and issues.  It is important that the victims and families get support from their extended family, the neighborhood, churches and religious institutions, and others.  The injury victims and families certainly deserve compassion in this time of need following a horrific traffic crash. It is also important for the injury victims and families to have legal representation early on in the process.

Stroller - Child Safety - Personal Injury
During the summer and other months in warm weather States, children are at risk for heat related illnesses including by not limited to hyperthermia.  It is important that summer camps, schools, day care centers, and other child care providers understand that children respond and handle the heat much differently than adults.  Furthermore, a child does not necessary verbalize or even recognize himself or herself when there is a risk of serious complications from the heat. This is especially true for infants, toddlers, and special needs children who are not communicative.   According to Dr.  Ross Tobleman, an emergency medical director based in Texas, “Little children can certainly get into trouble very quickly without having us recognize the signs that they’re getting trouble.”  This is a reference to heat and medical complications.   It should be noted that the metabolism and body of a child works much differently than that of an adult.  You can read more about this topic at Heat Related Illnesses Harder to Detect in Children.

In this article, it is interesting to note that strollers and other confined spaces can present a real risk of danger, medical complication, and even death to children in the heat of summer and other months.   Since children do not sweat or control body temperature the same as an adult, a glance at a child may lead a child care provider to believe that all is well because the child is not sweating profusely or appear to be that hot or overexposed to the heat.  The truth is that child care provides, on many occasions, do not and cannot see that a child is truly a risk and approaching a critical overexposure to the heat.   Some times, it is only the child’s outward signs of trauma, arrest, or other significant issues that finally alerts the child care provider that there is a problem.

In Florida, child care providers, summer camps, day care centers, schools and other entities have a duty to keep a child out of harm’s way.  One known risk is the Florida heat.  Make sure that a child – especially infants and toddlers – are provided with proper ventilation when in confined spaces like a stroller. Furthermore, as we have seen far too many times, a child should not be left unattended on a school bus or school van without air conditioning.   Let’s make sure that this point is clear.   A child needs to be supervised at all times and should never be left on a bus or van alone – air conditioned or without air conditioning.

Resort Florida Liability and NegligenceIn Florida and other states, children are welcomed as guests at hotels, motels, and resorts. There are a few vacation areas that are adult guests only; however, the vast majority of these locations are family oriented and set up in many ways to provide for the guests who are children.  Rooms and areas of the resort are constructed and designed just for children.   Because children are welcomed as guests, the hotel / resort staff and management should maintain the facility and activities at the facility in a way to takes into account the safety of children.  It is well know that children lack good safety awareness and judgment.  Because of this, attractive nuisances should be kept at a minimum or at least secured in a way that a child cannot go inside a dangerous area without proper access and adult supervision. Take for example, a swimming pool or aquatics area.   Proper fencing, enclosures, and alarms should be in place so that a child, especially toddlers, do not have access to or wander into the area.  Like other personal injury cases, the following elements must be established:
1. Duty;
2. Breach of Duty;

Kids Wooden Blocks Spelling Mom And Dad As Symbol for Parenthood
In the State of Florida, corporal punishment is prohibited in day care centers.  There are strong public policy and safety reasons for having such a law in place.  It does not matter that the teacher of the day care center was subjected to corporal punishment as part of his or her upbringing.  Furthermore, a parent cannot and should consent to the imposition of corporal punishment at a day care center since it is against the law.   Toddlers and small children should learn by instruction and restrictions that DO NOT involve physical harm, pinching, punching, withholding of food, false imprisonment, or other acts that are neglectful and / or malicious in manner.   Because of this, it is important that Florida day care centers are staffed with trained and caring individuals who have the personality, patience, and maturity to deal with the stresses and demands of the job.  Certainly, it is challenging to be a day care center worker or child care provider.   When the stress intensifies, the day care worker / child care worker should step back and assess or reassess his or her current actions, his or next actions, and the rest of the day.

In Quincy, Florida, it was reported that a day care center worker at All My Children Learning Center is facing criminal charges of battery and cruelty to a child.  It was reported that a day care center teacher pinched a 4 year old child under her care to the point that the child was bruised and needed medical attention.
There may be a number of legal cases that result from corporal punishment cases or incidents including the following:

Red Bicycle.001In the State of Florida, a bicycle can be operated on a street, sidewalk, and crosswalk.   Pursuant to Section 316.2065 (9), Florida Statutes – Bicycle Regulations:

316.2065 (9) A person propelling a vehicle by human power upon and along a sidewalk, or across a roadway upon and along a crosswalk, has all the rights and duties applicable to a pedestrian under the same circumstances.

As such, a bicyclist is essentially considered a pedestrian when operating a bicycle on a sidewalk and crosswalk. It is important for all drivers to be on the look out for bicyclists in the community whether the bicyclist / cyclist is a toddler, child, teen, adult, or competitive cyclist of any age. Florida weather permits bicycle riding year round.  As such, drivers should always be on the lookout for cyclist at all times.  Unfortunately, far too many bicyclist are injured every year due to the negligent driving of others and / or distracted driving of others.

blue and vibrant swimming poolside

In the State of Florida and across the nation, one of the leading causes of death for small children, and especially toddlers, is drowning. In Florida, there are private residential swimming pools, public swimming pools, and hotel/motel/resort swimming pools in just about every community. It is important for property owners, business owners, home owners, and government entity to properly safeguard the swimming pool and aquatic area for the protection of children. It is well known and expected that a child, especially one of tender years, under the age of 5 years old, to be curious and inquisitive about interesting areas and what is deemed under Florida Law to be an “attractive nuisance.”

Unfortunately and tragically, there are reports of drowning incidents every summer, spring and the rest of the year in Florida. Many such incidents are preventable with the proper implementation and maintenance of swimming pool fences and barriers, swimming pool alarms, proper adult supervision, proper lifesaving equipment, and the posting of trained and attentive life guards when appropriate. When a child suffers personal injury or dies as a result of a drowning incident there may be a case or claim to pursue on behalf of the child and the family. To establish a legal claim r case, there must be proof and evidence of the following four elements:

1. Duty;

Red Bicycle.001In Florida, there is a common activity in every one of the 67 counties – children riding their bicycles.   From toddlers on trikes to teens on mountain bikes and racers, children enjoy the freedom and exercise of riding their bicycles on and near Florida roads and streets.  While it is a very enjoyable and normally healthy activity to participate in, it can also be quite dangerous.   The truth is that the road is filled with drivers who are in a hurry and drivers who are distracted.   Just a second of inaction or carelessness behind the wheel of a motor vehicle can have drastic and life altering effects on the child bicyclist.  As such, it is vital that ALL DRIVERS be on the look out for the child bicyclist in the community.   A child bicyclist can be seen in a variety of locations from the driveway to the neighborhood to busy streets and parking lots. Wherever you see a child bicyclist, SLOW DOWN and MAKE SURE that the child is not put in harm’s way.   Safety awareness and attention are keys to protecting our children in the community who are bicyclists / cyclists.

If a child bicyclist is hit by a motor vehicle while riding a bicycle, the family of the child can pursue a legal case or claim on behalf of the injured child.   There are four essential elements to prove in a Florida Bicycle Injury Case as follows:

1. Duty;


Many automobile accidents in the State of Florida as well as the rest of the country result from a rear end crash or collision.  In most crashes, the driver, who crashed into the vehicle in front of him or her, is at fault.  There are some exceptions to this general rule if there is a sudden and abrupt stop by the vehicle in front.  Section 316.0895, Florida Statutes – Following Too Closely provides that driver’s shall not follow another motor vehicle more closely than is reasonably prudent.  On Florida streets, highways, and roads, drivers should have due regard of the speed of other vehicles, traffic, road conditions, and weather when driving behind other vehicles and / or when approaching other vehicles.

Some may believe that once a rear end crash is essentially an open and shut case.  The automobile insurance company will recognize and admit liability and responsibility for damages to the vehicle that was rear ended and admit liability and responsibility for the injuries to the driver and passengers who were occupying the vehicle that was rear ended.  The truth is that automobile insurance companies scrutinize every part of a claim or case including the cause and details of the crash, the extent of the impact or the force of the impact, the relationship of the crash to the injuries complained of, the age of the injury victim, the prior medical history and condition of the injury victim, the reasonableness and necessity of the medical care provided, the finding of the treating medical providers, the finding of the treating radiologist, and the reports of the treating medical providers.  Florida law provides that it is the burden of the injury victim to prove by the preponderance of the evidence all elements of a personal injury case which are as follows:
  1. Duty;