Florida Child Injury Lawyer Blog

The prevalence of texting has skyrocketed shooting from 9.8 billion messages per month in December 2005 to 110.4 billion messages per month in December 2008. Sadly, it is estimated that cell phone usage contributes to approximately 342,000 car accident injuries and causes $43 billion dollars worth of damage every year!

Studies have even indicated that texting while driving is worse than drunk driving! Check out this YouTube video that shows the gut-wrenching consequences of texting while driving (WARNING: this video is graphic, with realistic, but potentially disturbing, reenactments). It is stunning to see how dangerous and how devastating the effects of texting while driving can be.

According to Florida's dangrous instrumentality doctrine, owners and possessors of inherently dangerous tools are liable for any injuries caused by the operation of those tools. This legal principle was applied to the realm of automobiles in Southern Cotton Oil Co. v. Anderson, 86 So. 629 (Fla. 1920). This means that if you own a car, you can be responsible for injuries caused by that car.

As a result of this watershed case, victims of car accidents occurring due to negligence may look to the vehicle owners for damages, regardless of whether it was the actual owner driving the vehicle or not. Likewise, employers may be pursued for the injurious acts of their employees under the theory of respondeat superior.

In order to be held liable, an owner must have the ability to exert control over his or her vehicle. For that reason, people whose cars are stolen may not be penalized for injuries involving their vehicles depending on the particular facts of the case. Furthermore, if an owner did not give permission to a driver to operate the car, the owner may avoid liability if he files a police report to show that the car was stolen at the time the injury was caused. These distinctions are critical for determining who needs to be brought into litigation via impleader and the bounds of a victim’s potential recovery.

Unsure of what all this means to you? Consult a personal injury attorney to learn the intricacies of the law!

Jacksonville, Florida ranks high in a disturbing category - hit and run accidents. Despite being the 7th most populated city in the State of Florida, Jacksonville, Florida is ranked 3rd according to hit and run statistics. It is not a category or recognition that the City wants to be known for. Unfortunately, many hit and run accidents take place when a driver is under the influence or has no insurance. The simple solution after an accident is to flee the scene rather than take legal or moral responsibility for the resulting damages, personal injuries, and / or possible criminal sanctions. You can read more about this story at Jacksonville, Florida Third in the State for Hit and Run Automobile Accidents.

Gabriel Delrisco has been accused of killing three children from Homestead, Florida in a drunk driving incident that took place last year. The children, Hector, Esmeralda and Amber Serrano were killed when Delrisco allegedly ran into the back of their minivan with a blood alcohol level three times the legal limit.

The Serrano family’s attorney has filed a civil lawsuit against the El Paso bar for damages and compensation, charging that employees of the bar should have known that Delrisco was a habitual drinker and refused to serve him. Details of this case and disputes regarding some of the facts were reported in the Sun Sentinel newspaper.

There are factual disputes that may be litigated in the civil case including the following:

How much alcohol did Gabriel Delrisco consume prior to the automobile accident?

Where did Delrisco consume the alcohol?

What individuals / businesses sold or provided alcohol to Delrisco?

Did the individuals / businesses who sold or provided alcohol to Delrisco know that he was a habitual drunk or intoxicated at the time that the alcohol was sold or provided?

Whatever results from the civil suit, the case is tragic in that children died as a result of a drunk driving crash.

The U.S. News & World Report released a state-by-state study on America's Worst Drivers.

Florida ranked 43rd. While Idaho ranked #1, New Jersey bowed out as last year's worst, making way for New York. GMAC Insurance's 2009 National Drivers Test tested 5,000 drivers in each state, evaluating their basic knowledge of driving laws. Alarmingly, over 20% of America's drivers could not pass the written driver's test. That's about 41 million drivers from sea to shining sea who don't know the meaning of a yellow light or how to calculate a safe following distance.

The study shows a direct correlation between increasing age and improved test scores. In other words, there's a reason why your teenager's insurance premiums are through the roof.

How will you do? Take the test to see if you will fare better than your fellow drivers.

Automobile accidents and related injuries continue to be a daily problem in Jacksonville, Florida and other cities and towns. The Department of Motor Vehicles is one agency that reports and keeps track of automobile accidents and related injuries. 2004 statistics were reported that there were 14,116 accidents in 2004. This calculates to 38 accidents every day.

Even after decades of research to design safer vehicles, people frequently are injured in motor vehicle accidents / collisions. To be exact, there were 10,455 traffic accident injuries in 2004. Here's a summary of Duval County's crash data:

Alcohol Related Traffic Accidents - 1,245
Traffic Fatalities - 131
Alcohol Related Fatalities - 49
Injuries in Traffic Accidents - 10,455
Alcohol Related Injuries - 847
Motorcycle Fatalities - 15
Bicycle Fatalities - 6
Bicycle Injuries - 230
Pedestrian Fatalities - 31
Pedestrian Injuries - 329

Car accidents happen every day. If someone runs into you on the road, seek immediate medical attention, and contact a Florida automobile accident attorney for advice, counsel, and representation.

On Saturday, nine year old Joseph Vanhouse spent the day with friends at the Gasparilla kid’s parade and then joined six other kids for a sleepover at a friend’s home. Sometime in the early hours of Sunday morning, an SUV driven by a teenager crashed through the side of the home where the children were sleeping. The SUV struck a car parked in the driveway before hitting the house, launching the other car into the side of the home as well.

Joseph Vanhouse was sleeping on the couch in the living room when it was struck by one of the vehicles, and the child was sent flying about fifteen feet onto a tile floor. He was taken to St. Joseph’s Hospital and is being treated for a fractured skull. According to the homeowner, Ray Dunnings, the SUV crashed all the way through the home, taking out a back wall. Dunnings reported that a young girl had been sleeping in a chair that was directly in the path of the SUV, but had moved sometime before the accident occurred.

The driver of the car was a seventeen year old boy, who according to police was speeding and ran a stop sign. Police also report that there were two other teenage passengers in the car who attempted to flee the scene. Police also have reason to suspect that the teenagers were under the influence of a controlled substance. Police are waiting for toxicology reports to come back before filing any criminal charges against the driver. Read more details of the accident that injured a nine year old Florida boy at 9-year-old's skull fractured after SUV slams into home.

If you live in Florida and your child has been injured in an accident, please contact our Jacksonville, Florida area law firm for child injury legal counsel.

Deputies from the Volusia County, Florida Sheriff’s Office were conducting a felony traffic stop when the possibly armed suspect began behaving irrationally. Jorge Garcia allegedly began yelling profanities at the deputies and then got in the back seat of his car and refused to get out. When deputies threatened to use a taser gun on him, the man allegedly got out of the car, grabbed a one year old baby from the backseat and held it in front of him, shouting “tase the baby” at the officers.

The deputies were able to remove the baby from Garcia’s arms without any harm to the child. A woman, Tangeca Garcia, who was a passenger in the car reportedly then got out and attempted to block officers from using their taser guns on Garcia. The deputies were eventually able to tase Garcia so that they could place him under arrest.

Garcia has been charged with child abuse and resisting arrest. Ms. Garcia has also been arrested and charged with resisting arrest. Of course, Mr. Garcia and Ms. Garcia will be entitled to defend themselves through representation from a Florida criminal defense attorney or a public defender. There may be legal defenses to the situation that should be explored by the defense attorney.

Unfortunately, children are put in danger every day by parents and caregivers who engage in reckless and careless activities. Parents and caregivers should to their best to think through the consequences of their actions. Of course, many parents and caregivers have mental health issues that complicate the situation. In these instances, family members, extended family members and when necessary the Court and Florida Department of Children and Families should step in when necessary to protect the interests and welfare o the children.

Read more about the arrest of Jorge Garcia at Cops: 'Tase the baby,' man dared them.

Wood, Atter & Wolf is a full service law firm based in Jacksonville Florida and Ponte Vedra Beach, Florida. Attorneys at the firm handle criminal, family law, business, probate, guardianship, and child personal injury matters. The above reported incident will involve issues involving criminal and family law.

The Florida Highway Patrol takes drunk driving in Jacksonville, Florida and other Florida towns and cities very seriously, saying that it is one of the most deadly crimes. Their motto is "Over the Limit, Under Arrest.” If you get pulled over on suspicion of drunk driving, a breathalyzer and / or field sobriety tests will help officers determine if you are over the legal limit. Drivers found to be drunk face jail time, losing their driver’s licenses, higher insurance rates, and many other expenses.

The Florida Highway Patrol has released some tips so that drivers can determine their own limit before getting behind the wheel. For example, they would like to remind people that one drink is the equivalent of .54 ounces of pure alcohol; that is the amount found in one ounce of 100 proof liquor, twelve ounces of beer, or four to five ounces of wine. Also, it does not take many drinks for the average person to reach the legal limit of .080 blood alcohol content. A 120 pound woman would very likely be well over the limit after consuming three drinks in one hour. A 180 pound man would be over the limit after four drinks in the same time period.

Driving under the influence of drugs or alcohol (DUI) is no joke. It can be harmful or even fatal both for the driver himself and for innocent victims on the road with him. Drivers are urged to contact the Florida Highway Patrol by cell phone at *FHP (*347) to report any dangerous driving behavior. Callers may be anonymous.

Read more about the Florida Highway Patrol’s efforts to cut down on drunk driving at FHP continues holiday enforcement.

If your child has been injured by a driver who was under the influence of drugs or alcohol, please contact our Jacksonville, Florida firm for child injury legal counsel.

According to the Florida Department of Transportation (FDOT), a bicycle lane is defined as “a portion of a roadway (either with curb and gutter or a flush shoulder) which has been designated by striping, special pavement markings, and signing for the preferential use by bicyclists.” Since bike lanes are a relatively new phenomenon, some drivers are unsure of the driving laws surrounding them. Because both adults and children can ride their bikes in designated bicycle lanes, drivers should use caution and make sure they know the rules of the road.

Florida Statute 316.084 applies to cars passing on the right. The conditions under which passing on the right is allowed are as follows:

• When the passed vehicle has stopped and is indicating a left turn;

• When there is unobstructed pavement available of an appropriate width for a
motor vehicle, including one-way streets; or

• When the act of passing the other car may be done safely.

You can read a more in depth analysis of the Florida law as it pertains to cars driving in the bicycle lane at Passing on the Right Using a Bike Lane.

If your child has been injured in a bicycle, car or pedestrian accident, a consultation with a child injury lawyer could answer questions as to traffic statutes, negligence, fault, and responsibility for damages and bills resulting from such an accident.

Continue reading "Sharing Florida Roads with Bicyclists – Is It Legal for Cars to Use the Bike Lane for Passing?" »

According to the Florida Highway Patrol, a Vero Beach, Florida woman, Blanca Idalia Juarez, had two children with her in her car when she lost control of the vehicle and crashed into a canal. She refused to perform a sobriety test at the scene, but is reported to have told officers that she had consumed four alcoholic beverages before getting behind the wheel.

The two children were taken to a nearby Florida hospital for treatment. Their mother was arrested and charged with one count of driving under the influence, two counts of child neglect and two counts of battery on a law enforcement officer.

Ms. Juarez will be entitled to representation on this criminal matter by a Public Defender or a private criminal defense lawyer. In most cases, the interview of a suspected drunk driving suspect is recorded on video tape. Regardless of this evidence, Ms. Juarez can defend herself on these charges and her statements at the scene. The failure to submit to a field sobriety test and / or breath test can be used in the criminal case as evidence along with the fact that there was an accident.

Children are subject to the will of their parents, and as such parents have the responsibility to carefully watch out for their children’s well-being. Consuming four alcoholic drinks and then getting behind the wheel with your young children is not a recipe for a good parenting award. It is fortunate that no one was seriously injured in this accident. You can read more details of Ms. Juarez’ arrest and the charges against her at Woman charged with DUI, child neglect after crash.

In an effort to reduce pedestrian fatalities, Tampa police have launched a campaign to monitor busy downtown crosswalks. The police department plans to warn jaywalkers who violate crosswalk laws and hand out traffic citations to drivers breaking the traffic laws. According to Tampa police, seventy percent of pedestrian fatalities occur when pedestrians are crossing the street improperly. Impatience is believed to be the leading cause of people not wanting to cross in the crosswalk.

Parents should always be very cautious when travelling on foot with their children, and make sure to hold the child’s hand at all times. Children often have poor safety judgment and awareness when crossing streets or walking near traffic. All drivers should practice safe driving habits by keeping a sharp eye out for pedestrians, especially children, who may dart out into traffic unexpectedly. Better awareness on the part of both pedestrians and drivers can help prevent traffic fatalities and personal injuries.

Read more about the Tampa police department’s efforts to cut down on pedestrian accidents at Tampa push to reduce pedestrian fatalities off to a slow start.

If your child has been injured in a pedestrian or automobile accident, please contact our firm for expert child injury legal counsel.

Twenty one year old Jennifer D’Silva was convicted of leaving her infant alone in a car seat all night. Okaloosa County Cirtcuit Judge Thomas Remington gave Ms. D’Silva a two year suspended sentence. But prosecutors are not happy with the sentence; they had asked the judge for ten years in prison for Ms. D’Silva. The Florida State Attorney’s Office has decided to appeal the sentence. Ms. D’Silva’s lawyer has said that he is “disappointed” in the decision to appeal. He points out that Ms. D’Silva has shown her remorse by giving up custody of the child and by undergoing tubal ligation to prevent further pregnancies. She is also attending college in an effort to turn her life around.

Stories of parents, bus drivers, and other caretakers forgetting children and leaving them alone in car seats have become all too common. Leaving small children in a vehicle unattended for any reason is unacceptable and dangerous. In addition to the dangers created by unusually hot or cold weather, children are at risk for other injuries, wandering away, and abduction when left in a vehicle. Parents and other caregivers need to take the simple precaution of always checking the car seat before leaving their vehicle – whether they think a child is in it or not.

Read more about this Florida child left in a car overnight at Prosecutors appeal sentence in abandoned baby case.

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.

Florida does not have a booster seat law in place for the protection of children. Florida and just two other states do not have such laws in force. For whatever reasons over time, the proposed bill has not become a law in Florida. Hopefully, the Florida legislators as well as the governor will see it more clearly this time around and pass this bill into law. Anything that encourages parents and caregivers to provide for the safety of a child is a positive move in the right direction. You can read more about the bill to be pursued in 2010 and other facts about the proposed Florida booster seat law at Florida Bill Would Require Car Booster Seats for Children.

A recent Opinion/Editorial piece in the Bradenton Herald served to remind Florida drivers that they need to take more care when getting behind the wheel. The article cited several examples of recent news reports covering drivers who seem to be totally ignorant of the law. Of course, everyone should know that it is against the law that it to run red lights or stop signs, but too many drivers completely ignore, or do not bother to learn, some of the other laws that govern driving in our state.

For example, if a school bus is stopped with red light flashing, all cars in both directions must come to a complete stop so that the children exiting or boarding the bus can do so safely. It does not matter how many lanes the road has, as one young woman who received a $271 ticket believed. It also does not matter if you are on the other side of the road, unless there is a raised median or some other barrier separating the lanes. The Manatee County, Florida Sheriff’s Office recently conducted an enforcement operation near local schools, watching for motorists who ignored this law. Deputies handed out 59 citations for failing to stop. Almost all of the ticketed drivers claimed they did not know they had to stop if they were travelling in the opposite direction of the bus.

Too many children are injured or killed in traffic accidents near schools. Drivers need to be aware of and follow the applicable Florida laws and drive using extra caution and patience when driving near a school or school bus. Drivers who want to be safe, avoid fines and possibly save someone’s life should read the Official Florida Driver’s Handbook and take it to heart. To find out more about frequently overlooked Florida traffic rules, visit Drivers must learn, obey Florida traffic laws.

In Florida, drivers have a responsibility to obey traffic signals and devices. Furthermore, drivers have a responsibility to operate their vehicles in a safe and reasonable manner. Tiger Woods is the world's greatest golfer and a very public figure; however, to the State of Florida Department of Highway Safety and Motor Vehicles as well as to Orlando law enforcement, Tiger Woods is just another driver out on Florida roads. When Tiger Woods drives in a careless manner, he should be treated just like everyone else. As such, Tiger Woods, was recently issued a citation for Careless Driving for the incident that took place in his neighborhood recently. It was reported that Tiger Woods crashed into a fire hydrant and a neighbor's tree in a single vehicle accident in the early morning hours.

Only a few events surrounding Tiger's crash are certain: that it was a single vehicle accident, and that he caused property damage to a fire hydrant and to a neighbor's tree.

Careless Driving is spelled out in Florida Statute Section 316.1925 as follows:

Fla. Stat. 316.1925 Careless driving.--

(1) Any person operating a vehicle upon the streets or highways within the state shall drive the same in a careful and prudent manner, having regard for the width, grade, curves, corners, traffic, and all other attendant circumstances, so as not to endanger the life, limb, or property of any person. Failure to drive in such manner shall constitute careless driving and a violation of this section.

(2) Any person who violates this section shall be cited for a moving violation, punishable as provided in chapter 318.

Read more about this story at Tiger Woods Careless Driving Citation.

There are thousands of incidents of Careless Driving that have been reported by or cited by local police departments throughout the State of Florida. Unfortunately, in many of these incidents, children have been seriously injured and have even died in these automobile accidents. Drive safe on the roads and in residential neighborhoods.

Charlie Hall, age 12, was riding in a go-cart with his sixteen year old brother, Christopher Hall, at a speed of about 30 miles per hour when Christopher lost control of the vehicle. According to witnesses, he slammed on the brakes to avoid a pothole, which caused the go-cart to flip, ejecting Charlie. Another passenger in the go-cart, 15-year-old Nitira Bazemore, was also ejected in the crash.

According to Palm Bay Traffic Homicide Investigator, Jennifer Cordeau, Charlie was up and walking around after the crash, but suffered cardiac arrest and died on the way to the hospital. The other two children suffered only minor injuries. You can read more about this tragic go-cart accident at Palm Bay Child Killed In Go-Cart Accident.

Over 15,000 go-cart/fun-kart related injuries are treated in U.S. hospital emergency rooms each year. Children under 15 years of age suffer about 65 percent of these injuries. When children are allowed to operate a motor vehicle, such as a go-cart or all-terrain vehicle (ATV), it is vital that they are provided with proper instruction, rules and adult supervision. Adults should check surface conditions, inspect the vehicle’s state of repair, and monitor the vehicle’s speed. Some go-cart and ATV accidents are not preventable, while others can be avoided with slower driving, better choice of surface areas, careful attention to weather conditions and visibility, and other safety measures.

The school board of Miami-Dade County will soon be discussing a proposed rule that would ban school bus drivers from texting while on the job. Under the new rule, drivers would still be allowed to carry cell phones, Blackberries, or other communication devices, but would be limited to using them in case of an emergency. If approved, the rule would affect any employee of the Miami-Dade school system while they are driving a district-owned vehicle. The measure also requires that a hands free device be used for any phone calls while driving.

Texting while driving is undoubtedly dangerous. Driver distraction caused by electronic devices is unfortunately a growing trend that can lead to automobile accidents, serious personal injuries and wrongful death. It is a shame that adults cannot simply use common sense and pay careful attention while operating a moving vehicle. As a child safety advocate, I support rules and legislation that will protect innocent lives on the highways. The price of wating a few minutes to send or read a text message is more than worth the cost of preventing potential injuries and lost lives.

Read more about the proposed ban on texting school bus drivers at Board considers texting ban for school bus drivers.

Yamile Campuzano-Martine was on her way to the airport to pick up a relative. She had two children in the car with her. Reportedly, her six-year-old child was riding in the woman’s lap when she lost control of the vehicle and crashed into a fish tank that was part of an exhibit at the Tampa Bay International Airport.

The collision destroyed a 1,500 gallon tank, worth $50,000 - 100,000. The tank held about 30-40 saltwater fish, worth $3,000 - 5,000, none of which were expected to live. The detroyed aquarium was part of the airport’s “El Movimiento del Mar” public art program. TIA reportedly spent $200,000 on the exhibit; the fish and tank maintenance were provided by the aquarium.

Ms. Campuzano-Martine was cited for careless driving, failure to use a child restraint device and failure to provide a driver's license. It appears that no one in the car was injured seriously, and Ms. Campuzano-Martine declined a hospital visit for the six-year-old boy. No one in the airport was injured.

Parents should always make safety and security a priority for children when they are riding in a vehicle. This includes the use of seat belts and child safety seats. According to Florida state law, all passengers of a vehicle under the age of 18 years old must be restrained by a safety belt or child restraint device, and it is the driver’s responsibility to make sure they are in compliance. In this case, the six-year old should have been wearing a seat belt. While it is always important to follow the law, it is even more important to provide for the safety of children when they are in riding in a vehicle.

You can read more about this car accident involving two children at With child in lap, woman drives into TIA fish tank.