Florida Child Injury Lawyer Blog

James Vincent Lehosit, of Jacksonville, Florida died recently in an automobile accident in Clearwater Florida. Another driver (Casey Felix Schwartz) reportedly failed to stop at a signal light and struck the vehicle occupied by Mr. Lehosit. The impact and trauma from the crash caused the death of Mr. Lehosit. Clearwater police are investigating the accident. Charges are pending further investigation which may include driving under the impairment and manslaughter.

While the Clearwater Police will be conducting its own investigation, it may be beneficial to have a private accident reconstruction expert or a Jacksonville personal injury attorney to piece together the accident. The vehicles should be placed in a secure compound or towing area pending this investigation.

Traffic signals should be obeyed for the safety of everybody. Saving a few minutes just to push through a light is not worth it. It is certainly not worth injury or loss of life. Unfortunately, many automobile accidents, trucking accidents, bicycle accidents, and pedestrian injuries result by the failure of a person to obey rules of the road and traffic devices.

Posted by David A. Wolf | Permalink | Email This Post

Posted In: Alcohol & Drug Issues , Automobile Accidents , Traffic Citations , Traffic Citations , Wrongful Death

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The Neptune Beach Jacksonville Florida Police Department is investigating an incident of alleged gang rape of a 15 year old at a house party in Neptune Beach, Florida. Underage teens were having a party at a home in Neptune Beach. There were approximately 20 teens at the party. The 15 year old was a house guest of the family owning or renting the home rather than a party goer according to her father. At this time, the investigating officer from the Neptune Beach Police Department is having problems getting statements since most of the party goers have been in contact with lawyers who have advised their clients not to give a statement to the police. Many of the students attending the party were from a private school called the Bolles School. It does not appear that the party was an event sponsored or sanctioned by the school. As written in other posts, parents should be mindful of graduation parties and the problems created by underage drinking. You can read more about the alleged gang rape in an article written by Jim Schoettler, a writer with The Times-Union Jacksonville Florida Newspaper at Parents Stall Gang Rape Investigation.

The house party / rape incident will involve Jacksonville Florida criminal attorneys during the criminal investigation and prosecution if the Duval County state attorney decides there is enough evidence to prosecute the case. The incident may also involve Jacksonville Florida civil and personal injury attorneys if the rape victim and her family retain an attorney to pursue civil damages against the alleged rapists, their families, the owners of the home, the suppliers of the alcohol, and possibly others. It appears the entire incident may have been avoided with better supervision and the elimination of any underage and excessive drinking of alcohol.

Posted by David A. Wolf | Permalink | Email This Post

Posted In: Alcohol & Drug Issues , Child Safety , Sexual Offenders / Predators

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A picture speaks a thousand woods. This saying is especially true for an auto / bicycle accident that took place in Monterrey Mexico. A drunk driver fell asleep at the wheel and crashed into a group of bicycle racers. One bicycle racer was killed and many others suffered personal injuries as a result of the negligence of a drunk driver. The photograph in this month's newsletter is amazing and tragic. Take a look at the photo and this month's newsletter, read my comments, and send me an e mail with your thoughts.

Posted by David A. Wolf | Permalink | Email This Post

Posted In: Alcohol & Drug Issues , Automobile Accidents , Automobile Insurance , Bicycle Injuries , Drunk Driving (DUI) , Traffic Citations , Wrongful Death

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Graduating high school is an accomplishment and part of the life cycle in Jacksonville Florida. Children and parents alike celebrate and look forward to the joys of summer. Unfortunately for some children and families in Jacksonville Florida, the celebration can turn into personal injuries, wrongful death, and / or prison.

Alcohol should not be served to or consumed by a person under the age of 21 in Florida. The reason for the law is to keep alcohol away from children who drive cars and otherwise wreak some havoc in the spirit of having fun, being obnoxious, or just being stupid. When you mix alcohol and immaturity, you can a bad result.

Providing alcohol to minors is a second degree misdemeanor punishable by a $500 fine and up to 60 days in jail. Getting arrested should not be the only deterrent for parents and other adults. The safety of children and others should also be considered. Drunk driving deaths and injuries are prevalent in Jacksonville Florida and other communities. Many of these incidents result from underage drinking.

Throw a party. Celebrate graduation. Keep alcohol away from children. It may be easier to throw an alcohol free party. Yes, keep alcohol away from the adults as well. Sometimes, safety is more important than getting a buzz.

Matt Coleman, a Florida Times Union writer, wrote a good article about graduation parties and the problems created by underage drinking. You can read the article at Careful What You Serve to Graduates.

Posted by David A. Wolf | Permalink | Email This Post

Posted In: Alcohol & Drug Issues , Automobile Accidents , Child Safety , Drunk Driving (DUI) , Traffic Citations , Traffic Citations , Wrongful Death

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Florida deaths resulting from drunk driving have fluctuated over the years. In 1983, the percentage of alcohol related deaths peaked while the lowest number of deaths was reported in 1997.

Almost 30 % of the deaths in 2006 involved drivers with a Blood Alcohol Content of .08 or higher. You can read more about these statistics atFlorida Death Statistics Involving Drunk Drivers.

In Florida, the percentage of alcohol related fatalities peaked in 1983, while the actual number of alcohol related deaths peaked in 1986 and the lowest number of drunk driving deaths occurred in 1997. In 2006, out of all traffic fatalities, 29% involved a blood alcohol concentration (BAC) of 0.08 or higher, with 959 fatalities, which was a big drop from the year before.

Posted by David A. Wolf | Permalink | Email This Post

Posted In: Alcohol & Drug Issues , Automobile Accidents , Automobile Insurance , Bicycle Injuries , Drunk Driving (DUI) , Motorcycle Accidents , Pedestrian Injuries , Traffic Citations , Traffic Citations , Trucking Accidents

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A Nassau County crash landed two people in the hospital at Shands Jacksonville Hospital.

The injuries were so serious that both George H. Wright of Jacksonville and Nalini Kusek of Callahan were life flighted to Shands Jacksonville Hospital in Jacksonville Florida. Wright was driving a 1999 Dodge Pick Up truck that cross over the center line while traveling on Lem Turner Road. The Florida Highway Patrol responded to the scene and reported that alcohol may have played a role in the accident.

Accidents like these raise issues involving both criminal law (a possible DUI - Driving Under the Influence) and personal injury law. People often lose sight that vehicles are dangerous instruments (even as defined by Florida law).

Posted by David A. Wolf | Permalink | Email This Post

Posted In: Alcohol & Drug Issues , Automobile Accidents , Traffic Citations , Trucking Accidents

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Three separate accidents in Duval County, Putnam County, and St. Johns County Florida lead to multiple deaths and serious injuries.

It was a deadly morning on the roads of Northeast Florida as five people died in three separate traffic accidents between midnight and 3:35 a.m. Friday.

In addition to the deaths, six people were hospitalized with serious injuries as a result of one of the accidents, said Lt. Bill Leeper, spokesman for the Florida Highway Patrol.

In Putnam County, 20 year old Anthony McCaskill of Palatka Florida lost control of a 2004 Cadillac. The three occupants of the vehicle (Anthony McCaskill, Debry Coring, and Lamieh Thomas) all lost their lives. None of the occupants were wearing a seat belt. The parents of all the children will be entitled to some insurance and death benefits depending on the available insurance policies and coverages.

More teens died in an automobile accident in Duval County on Interstate 295.

A Saturn driven by 31-year-old Angela Harper of Middleburg went out of control while traveling at a high rate of speed. Jesse Harper, 13, of Middleburg was ejected and died at the scene. Five occupants were taken to Shands with serious injuries. These included Angela Harper, Steven Foster, Michelle Hansen, Kallie Hansen, and Gerald Gribbs. One passenger, Kayla Thompson, 16, of Orange Park, was taken to Baptist Medical Center South. Alcohol is believed to be a factor in this accident.

Another death took place in St. Johns County Florida. A Jacksonville woman was driving south at a high rate of speed on Florida 13 near Switzerland which is located in the Northwest part of St. Johns County. The vehicle went off the road and then hit two trees.

A common thread in these three accidents were high rate of speed and loss of control. Many of the occupants were not wearing a seat belt. While wearing a seat belt is important and the law for front seat occupants, the failure to wear a seat belt is only factor in evaluating a case or claim of this nature.

For more information about these crashes, you can go to the Jacksonville Florida Times Union article at Deadly Crash on First Coast Florida Roads - 5 Dead.

Posted by David A. Wolf | Permalink | Email This Post

Posted In: Alcohol & Drug Issues , Automobile Accidents , Automobile Insurance , Traffic Citations , Traffic Citations , Wrongful Death

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A Jacksonville Florida auto accident caused the wrongful death of a passenger and the injuries of two others. On March 9, 2008, a pick up truck flipped across Atlantic Boulevard and crushed a woman's car. The woman survived the impact and was admitted to the hospital. The passenger in the pick up truck died as a result of the auto accident. A bottle of Crown Royal Whiskey was found in the pick up truck and it appears that alcohol played a role in the accident.

The auto accident caused both vehicles to be destroyed. This accident is tragic. People were injured and one even died from what appears to be the negligence of a drunk driver. The accident took place at 4:30 p.m. As the song goes, it is 5 o'clock somewhere. People apparently do not need a reason, event, or even nighttime to drink.
Jacksonville Florida Car Crushed But Woman Survives

Posted by David A. Wolf | Permalink | Email This Post

Posted In: Alcohol & Drug Issues , Automobile Accidents , Wrongful Death

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Animal House was a great movie. It showed a bunch of college kids and adults for that matter getting drunk and wreaking havoc. In Florida, the homeowner and others may be held liable civilly and may be criminally prosecuted for injuries and events resulting from the service of alcohol to a minor.

Section 865.015 (2) Florida Statute states as follows:

No person having control of any residence shall allow an open house party to take place at said residence if any alcoholic beverage or drug is possessed or consumed at said residence by any minor where the person knows that an alcoholic beverage or drug is in the possession of or being consumed by a minor at said residence and where the person fails to take reasonable steps to prevent the possession or consumption of the alcoholic beverage or drug.

Posted by David A. Wolf | Permalink | Email This Post

Posted In: Alcohol & Drug Issues , Statutory References (Florida)

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A Florida study of impaired and drunk driving revealed that a drunk driver was on the road of florida every 110 miles driven. In Florida, .08 blood alcohol concentration is presumed to cause driver impairment. Impaired drivers were involved in an estimated over 128,000 crashes that killed 930 and injured 43000. This figures do not include the countless Florida children, parents, family, friends, neighbors, and co workers affected the the carelessness and impairment of drunk drivers. You can read more interesting statistics and commentary of drunk driving atImpaired Driving in Florida.

The safety of our children and others simply does not make sense. If you are drinking, get a ride, get a cab, stay put . . . just do not get behind the wheel. The convenience and supposed fun of going and staying out on a particular night will never compare to the risks and tragedies resulted from drunk driving.

In Florida, it is a both a criminal violation and (in my opinion) a moral violation to operate a motor vehicle / automobile while impaired or under the influence of alcohol or drugs.

Posted by David A. Wolf | Permalink | Email This Post

Posted In: Alcohol & Drug Issues , Automobile Accidents , Automobile Insurance , Child Safety , Pedestrian Injuries , Traffic Citations , Trucking Accidents , Wrongful Death

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Fraternity members of Sigmu Nu were charged with providing alcohol to a minor and using fake identifications. These actions led to the alcohol poisoning death of 18 year old Benjamin Garrison Sprague. Unfortunately, Benjamin drank took much for his body to handle and died from alcohol poisoning consumed at an off campus party. More details about this tragedy can be read at Clemson Students Charged After Drinking Death.

This death that took place at Clemson University is the very reason that states like Florida have a drinking age of 21. I suspect that thousands of lives are saved every year by keeping alcohol out of the hands of those under the age of 21.

It is important for parents, businesses, and everyone else to follow the law and keep alcohol aware from the reach of children.

Posted by David A. Wolf | Permalink | Email This Post

Posted In: Alcohol & Drug Issues , Wrongful Death

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A St. Augustine, Florida woman was arrested for DUI after running a red light and barely avoiding an automobile accident. When police inspected her vehicle, officers observed that beer was strapped into the front seat but the 16 month old child was not.

The woman (Tina D. Williams) was noticeably intoxicated and smelled from alcohol. Pipes used to smoke drugs were also found in the vehicle. The tragedy of an accident was avoided by the arrest but the woman has some serious problems to drive in such a condition especially with a child in the back seat. Driver Straps in Case of Beer, Not Baby.

Posted by David A. Wolf | Permalink | Email This Post

Posted In: Alcohol & Drug Issues , Automobile Accidents , Child Safety , Traffic Citations

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