December 21, 2009

Liberty, Florida – Residents Fed up With Youths Flouting All Terrain Vehicle (ATV) Laws

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According to Florida Statutes, ATVs can only be operated during the daytime on unpaved roadways where the posted speed limit is less than 35 miles per hour by a licensed driver, or by a minor under the supervision of a licensed driver. Walton County, Florida takes it one step further, prohibiting any use of ATVs except on private property.

But the Walton County Sherriff’s Office has been inundated with calls from concerned residents lately, who report that four or five young people have been spotted driving at high speeds down Walton County Highway 1084 and in the county dirt pit behind the community center. Driving an ATV on public property in Walton County is not permitted, and is considered a second degree misdemeanor. The fine for violating the ordinance is $250.

Young people are especially likely to be injured by their own carelessness while driving an ATV; Florida statutes concerning ATVs have been passed for the protection of drivers and bystanders alike. These injuries from ATV accidents include fractures, abrasions, lacerations, head trauma, and in some instances death. Some ATV accidents can be avoided by following Florida statutes, driving at safe speeds, choosing roadways carefully, and paying attention to weather conditions.

Read more about unlawful ATV drivers in Walton County, Florida at ATV complaints pour into sheriff's office.

October 12, 2009

Fort Myers, Florida – Drunk Driver of Swamp Buggy (Glen Maxey) Allegedly Injures Child

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Glen Maxey of Fort Myers, Florida was arrested for drunk driving by deputies when Maxey’s ex-wife reported that she had witnessed him put one of their children on his lap while driving his swamp buggy earlier in the day. She said that he was driving erratically and one of the children fell out, badly bruising his back and causing him to vomit. Maxey admitted to having a hard day and drinking a few beers before driving the children around in the swamp buggy.

Accidents caused by drunk driving are so easily preventable. It is very frustrating to DUI related automobile accidents and related injuries making news headlines day after day. Alcohol impairs not only a person’s motor skills, but also his judgment – which leads many people to believe they are “OK to drive” even when they are putting the lives of their own children, not to mention other drivers, on the line.

To date, Maxey has only been charged with drunk driving, but child endangerment or child abuse charges may be forthcoming. You can read more about this Fort Myers, Florida child injury case at Child injured in alleged DUI, swamp buggy incident.

August 10, 2009

St. Johns, Florida Man Critical After ATV Accident

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ATVs (All Terrain Vehicles) are very popular in North Florida as well as other areas of the State and the country. I actually grew up riding a three wheel ATV at my father's plant nursery in South Florida. I do not recall any accidents or incidents with the ATV but I do recall almost tipping and crashing a few times. When children operate an ATV, it is vital that there is proper instruction and rules as well as supervision. When adults are operating an ATV, it is up to the adult to keep a look out as to surface conditions, speed, balance, and other safety measures. Some ATV accidents are wholly unexpected while others can be avoided with slower driving, better choice of surface areas, day time versus night time riding, and other safety measures. In St. Johns, Florida, the Florida Times Union newspaper website reported that Ronald Drawdy was taken to Shands Jacksonville Hospital with serious personal injuries after an ATV crash on the Bartram Air Park property. Deputies reported that alcohol may have played a role in the incident. An investigation will be conducted into the facts and circumstances regarding these injuries. It was not reported who was driving or operating the ATV at the time of the incident. William Byrd, III, was treated at Flagler Hospital in St. Augustine, Florida. Byran Cannon was treated for injuries at the scene of the ATV crash. You can read more about this ATV crash at Man Critical after St. Johns ATV Crash.

August 28, 2008

ATV Accidents and Injuries to Children are Preventable in Florida and Other States

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ATV (All Terrain Vehicle) accidents and injuries to children are preventable in Florida and elsewhere. Injuries from ATV accidents include fractures, abrasions, lacerations, head trauma, and in some instances death. The Daily Mail, a New York based website, reported that " a recently released government report indicates that 555 Americans — including more than 100 youth — died from injuries sustained in all-terrain vehicle accidents nationwide last year. The Consumer Product Safety Commission further revealed that an additional 146,600 people received emergency room treatment for ATV-related injuries in 2006 (the most recent year numbers are available for).

The report also noted the top 10 states for ATV fatalities between 1982 and 2006. In order, they are Pennsylvania, 420; California, 418; West Virginia, 398; Texas, 386; Kentucky, 367; <strong>Florida, 349; Tennessee, 322; New York, 303; North Carolina, 297; and Michigan, 296."

The Daily Mall posted a good article on the use and dangers of ATV at ATV Accidents Are Preventable.

Injuries caused by ATVs are often times covered by homeowner's insurance of the owner of the ATV. If your child is injured on the ATV of another person, contact a Florida child injury lawyer / attorney for advice, consultation, and representation.

July 9, 2008

Florida Children Under 16 Must Take ATV (All Terrain Vehicle) Course

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All Florida children under the age of 16 must take a course in order to legally ride an ATV (All Terrain Vehicle). The purpose of the law is to educate children about the safe operation of ATVs. In turn, this training hopefully will reduce serious Florida child personal injuries sustained in ATV crashes and incidents. The new law also applies to dirt bikes as well. In 2006, there were 550 deaths caused by ATV accidents nationwide. You can read more about the law and comments on the same at State requires more all-terrain training to stem injury, death.

All owners and operators of ATVs should follow safety procedures especially when children are involved. Children do not have the strength, balance, or judgment of adults. Helmets should be worn, speed should be safe, and the terrain should be checked out at a slow speed on the initial run.

June 24, 2008

Death of 9 Year Old (William B. Coburn) from Baker County ATV Accident - Legal Rights and Responsibilities in Florida

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A Florida ATV (All Terrain Vehicle) crash resulted in the death of William B. Coburn, a 9 year old, from Starke (Bradford County), Florida. The driver, Nathaniel D. Ryan, age 26, was driving the ATV on private property according to a Florida Highway Patrol Spokesman. I am completing a case involving a 9 year old who fell off an ATV in North Florida. The facts are strikingly similar to the facts involving William B. Coburn. In handling these legal matters, the following issues should be addressed by the Florida Child Injury Lawyer representing the family of the injured child:

1. Who owned the ATV?

2. Did the child have the permission of his parents to ride as a passenger on the ATV?

3. What was the estimated speed of the ATV? (An accident reconstruction expert may be needed to determine speed and other aspects of the crash.)

4. Was the child wearing a helmet? (I previously posted an article regarding Florida Helmets and ATVs in February 2008.

I grew up riding an ATV on my father's plant nursery in South Florida. The terrain was flat for the most part and we did not go off the property of the nursery for any serious riding. Even on the flat surface of the nursery grounds, the ATV did flip on occasion due to speed and the design of the ATV.

Liability insurance including homeowner's insurance covers injuries and deaths related to ATV crashes. Child injury cases can be complex and it is helpful to have the advice, counsel and representation by a Florida child injury lawyer to make sure that the rights of the family and the child are protected and enforced.