Florida Child Injury Lawyer Blog

In Florida, children are the unfortunate victims of automobile accidents. When a child is injured in an automobile accident, a parent often times has questions, challenges, and issues as to medical treatment, medical bills, pain and suffering, loss wages and other issues. When faced with these issues, a Florida Personal Injury Attorney / Florida Child Injury Attorney can represent the interests of the injured child and the parents. See Florida Automobile Accident Lawyer.

The book titled - The ABCs of Child Injury - Legal Rights of the Injured Child - What Every Parent Should Know - has chapters on Automobile Accidents, Automobile Insurance, Damages Compensation, Medical Treatment, and other issues that arise when a child is an unfortunate victim of a Florida automobile accident case. Get this book for free at The ABCs of Child Injury.

If a child is injured as a result of an automobile accident, it is vital that a parent seek medical treatment for the child. This may include treatment through the Emergency Room, an Urgent Care Center, Pediatrician, Orthopedist, Neurologist, and other medical professionals. A Florida personal injury attorney typically is knowledgeable as to the availability of medical care for an injured child when there is an automobile accident. Not all doctors treat automobile accident victims and it is helpful to know which ones accept the automobile insurance otherwise known as Personal Injury Protection (PIP) and which ones do not. There are many insurance issues that can arise with treatment and compensation. The handling of the insurance claim can be done by the Florida personal injury attorney.

First and foremost, it is important that the child receive medical care and attention. If the injuries are serious, immediate transport will be required to a local hospital. After discharge from the hospital, it is important that the child receive follow-up care by specialist for the accident related personal injuries. After the child receives the necessary initial necessary medical treatment, a parent is often faced with the issue of payment of bills. In Florida, automobile insurance policies and coverages can be quite confusing. Florida has a set of "No-Fault" laws in place which govern the upfront payment of medical bills. In most cases, the medical bills of the child are covered under the parents automobile insurance policy even if the parents were not responsible or were not at fault for the accident. Your child may be able to recover damages for personal injuries from his or her parents' automobile insurance policy, the owner of the vehicle's policy, the at-fault driver's policy, and / or the owner of the at fault vehicle. The insurance and automobile accident laws can be quite confusing. Because many automobile insurance policies may apply and the laws can be confusing and complicated, it is often times helpful to have the advice, representation, and benefit of a Florida child injury lawyer to guide a parent through the process of an insurance or legal claim.

In Old Town, Florida, a tragic automobile accident was recently reported. Three-month-old Jacob Patterson suffered personal injuries in Old Town Florida automobile accident. The Gainesville Sun reported that Jacob Patterson was a passenger in a parked vehicle that was hit or sideswiped by another vehicle driven by relatives of Jacob. The incident took place on Smith Road near Old Town. As a result of the impact of the vehicle , Jacob was ejected from the vehicle and suffered serious personal injuries. No parent or family member can ever be prepared for the aftermath of an accident or the injuries like the ones suffered by Jacob Patterson. If you have a child who has been injured as a result of the negligence or fault of another person, contact a Florida child injury lawyer for advice, consultation, and legal representation.

A Florida lawmaker (State Representative Irv Slosberg) is seeking to pass a Florida law that would ban texting while driving. Technology has made great advances over the past decade or so. We can communicate faster and better through devices like laptop computers, iPads and touchscreen devices, and, yes, smart phones like the iPhone and Droid. Unfortunately, these same devices have caused many Florida automobile accidents, Florida bicycle accidents, and Florida pedestrian accidents. Many of these accidents have resulted in serious personal injuries and deaths to children. One such victim texting while driving was James Caskey, Jr. who was riding a tricycle in North Naples when he was struck by a driver who was allegedly texting while driving. See Florida Lawmaker Looks to Ban Texting While Driving.

In Florida, drivers should do their best to limit distracted driving. Wait until you arrive at your destination to respond to that text or e mail. Waiting a few minutes to respond can save a life and avoid a serious Florida automobile accident. Florida drivers should drive with the utmost of caution and otherwise follow Florida's traffic laws and regulations and pay attention to road conditions and traffic. See Florida Traffic Statutes, Rules and Regulations - Frequently Asked Questions.

In Orange Park, Florida, a family is mourning the death of a 13 year old son - Brien Andrew Alvezios who died while riding his bicycle in a hit and run accident. Brien was a student at Wilkinson Junior High School. The family is seeking help to find the driver of the vehicle that his Brien and fled the scene of this Florida automobile / bicycle accident.
The Florida Highway Patrol is investigating this accident. It is most unfortunate and tragic that a young life was lost. Even worse that the driver did not have the decency to stop and offer assistance to Brien. See Family Mourns 13 Year old Killed in Hit and Run Bicycle Accident / Automobile Accident.

The death of this child is a tragedy and a moment in time that will never been forgotten by the family of Brien Andrew Alvezios. When a child suffers an injury or death from an automobile accident or bicycle accident in the State of Florida, there are often many issues and questions for a family to deal with. The book titled - The ABCs of Child Injury - Legal Rights of the Injured Child - What Every Parent Should Know - has chapters on Damages / Compensation, Automobile Accidents, Medical Bills / Treatment and other topics

In Orange Park (Clay County), Florida, a family and community are mourning the unfortunate and tragic death of 13 year old Brian Andrew Alvezios. The Florida Times Union reported that there was a hit and run bicycle accident on Branan Field Road in Clay County, Florida. The fatal bicycle accident took place South of Trail Ridge Road at approximately 9:40 p.m. This Florida bicycle accident is being investigated by the Florida Highway Patrol. Hopefully, information will lead to the identify of the driver and vehicle involved in this tragic hit and run bicycle accident. See Hit and Run Crash Ends Life of Orange Park Boy - Brian Andrew Alvezios.

The Florida wrongful death of a child is a life changing event for a family as well as the community. It is not something that anyone can prepare for or that anyone can expect. It is also unnatural for a child to die before a parent. Nevertheless, children are the unfortunate victims of hit and run accidents. Anytime that a child is riding a bicycle or walking in or near a roadway - drivers should exercice the utmost of caution and slow down.

The book titled - The ABCs of Child Injury - Legal Rights of the Injured Child - What Every Parent Should Know - has chapters on Automobile Accidents, Damages / Compensation, Medical Bills / Medical Treatment, and other topics. See Free Book for Parents Dealing with the Aftermath of a Child Injury.

In Miami, Florida, a terrible automobile accident was reported. The accident took place on the Dolphin Expressway when the vehicle crashed into a median and a pole. Tragically, the driver (Alejandra Maria Gomez - Age 17) and the front passenger (Jennifer Garcia - Age 18) died at the scene of this Florida automobile accident. A third passenger was rushed to Ryder Trauma Center at Jacksonville Memorial Hospital.

The deaths resulted from this automobile accident are certainly a great loss to the respective families and communities. It was reported that the accident took place at approximately 2:30 a.m. News reports indicated that the car split in half as a result of the impact. Due to the circumstances of the accident and deaths involved, a full Florida homicide investigation will be completed by local law enforcement and / or the Florida Highway Patrol. See Teens Die in Accident on Dolphin Expressway in Miami, Florida.

Continue reading "Automobile Accident in Miami (Dolphin Expressway) Leads to Death of Two Teens and Injuries to Rear Passenger" »

Florida's year round weather allows bicyclists and pedestrians to be out on the sidewalks, and streets virtually every day. The Florida Department of Transporation is trying to prevent pr aty least reduce the number of incidents leading to personal injuries / deaths to bicyclists and pedestrians in Florida. See Campaign Aims to Stop Bike and Pedestrian Personal Injuries and Deaths.

It is important for drivers to slow down in any area where there are bicycle riders or pedestrians. This is especially important when there are children riding bicycles or walking on or near the streets and roadways. It is also important for all drivers to follow and obey Florida traffic rules and regulations and otherwise drive with caution depending on weather conditions and traffic. See Florida Traffic Rules and Regulations - Frequently Asked Questions.

In Florida and other States, child safety is key when transporting children. Whether the child is transported by a parent, babysitter, friend, neighbor, day care center, or school, it is important that safety measures are taken for each and every child being transported. This includes the proper selection and use of child booster seats. The Insurance Institute for Highway Safety ranked child car booster seats. For parents, schools, and day care centers, it is important to review this list and other reviews to determine which seats are recommended and proper for the children being transported. See Group Rates and Evaluates Child Booster Seats.

Unfortunately, children suffer injuries every day on Florida roads and highways even when safety measures are taken by the transporter of the children. It can be quite stressful for a parent to deal with all of the challenges and difficulties of a child injury. The book titled - The ABCs of Child Injury - Legal Rights of the Injured Child - What Every Parent Should know has chapters on Automobile Accidents, Damages / Compensation, Medical Bills / Medical Treatment, and other topics. Get this book for free at Child Injury Book for Parents Looking for Help.

In Orlando, Florida, a horrible accident took place in the Festival Bay parking lot. It was reported by the Orlando Sentinel that a mother (Amara Khan) was fatally injured by her own vehicle when her 4 year old son put the car in reverse. At the time of the tragic incident, Ms. Khan was walking behind her vehicle while it was operating. Many drivers and parents leave their vehicles on while taking care of other children or putting the groceries in the car. While it does not seem that dangerous, a vehicle can be put into gear by even a small child like a four year old. For more information regarding this incident, see Mother Backed Over by Her Own Vehicle in Mall Parking Lot.

Safety is key when operating a motor vehicle in the State of Florida. It is well known that children have poor safety awareness even when riding in an automobile. A moment of inattention can lead to serious personal injuries and, in some cases, even death.

Halloween is a great holiday full of fun and festivities. Unfortunately, Halloween also brings with it dangers to children walking around neighborhoods. It has been reported that a child's risk of getting hit by a car is four times more than at other times of the year. It is well known that children often times have poor safety awareness. This is especially true when there are distractions like a night full of candy and trick or treat activities. The American College of Emergency Physicians issued a Press Release regarding the dangers to children as pedestrians on Halloween Night. Planning and safety measures are key to help reduce or prevent tragic automobile accidents / pedestrian accidents from taking place on Halloween. See Child's Risk Higher on Halloween Night - Safety Measures for Children and Parents.

It can be quite difficult for a parent to deal with the aftermath of a child injury. There are many issues and problems to deal with. The book titled - The ABCs of Child Injury - Legal Rights of the Injured Child - What Every Parent Should Know - has chapters on automobile accidents, damages / compensation, medical bills / treatment and other topics.

Pursuant to Chapter 65, Rule 65C-22.001 - General Information, Florida Day Care Centers are required have proper insurance on any vehicle that is used for transporting children while under the care and supervision of the facility. Specifically, all child care facilities must comply with the inspection responsibilities and insurance requirements found in Section 316.615, Florida Statutes (2011).

Pursuant to >sec. 316.615, Florida Statutes (2011) - School buses; physical requirements of drivers, all school buses and motor vehicles must be covered by single limits liability insurance to protect passengers being transported, in the following amounts:

- $5,000 multiplied by the rated seating capacity of the vehicle; or
- $100,000, whichever of the two is greater.

For purposes of the this requirement "school bus" means all motor vehicles with a seating capacity of 24 o more passengers, which is regularly used for the transportation of passengers to or from school, or to or from school activities. The term "school" includes all public and private nursery, preelementary, elementary and secondary school levels.
(b) For the purposes of this section the term “school” includes all public and private nursery, preelementary, elementary, and secondary level schools.

Automobile accidents are leading cause of childhood personal injuries. Although many automobile accidents are preventable, accidents are sometimes unavoidable and unfortunately occur. Having the required insurance on vehicles that provide transportation to children under the center's care ensures the children's safety and well-being in the event an accident does occur.

A one-year-old sleeping baby’s life was saved by her canopy bed when a large oak tree crashed through the ceiling of her home. The tree was blown through the roof of the single- family home located on Yellow Bluff Road in Jacksonville (Oceanway) last week during a thunder storm. When the oak tree fell through the ceiling, the limbs landed on Chyanne Waltman’s canopy bed which protected her from sustaining any serious injuries. However, one tree limb did fall and cut her head open, which caused some swelling. Firefighters took the one-year-old to the hospital to receive treatment for her head injuries, and she was released home hours later that day. The family said they were just relieved that Cheyanne is safe.

Child safety is a vital issue. Although not all accidents can be foreseen, there are plenty of precautionary measures that Jacksonville parents can take to ensure that their child is safe at home. Improper use of electric appliances and children playing with fire and unintentional poisons are just a few of the hazards that are waiting to hurt children in the home. Cincinnati Children's Hospital Medical Center designed the “Safety House” to advise parents on how to keep their house safe, and to teach young children how to recognize the hazards that can occur within the home.

For more information on preventing household hazards, see the Guide to Preventing Household Injuries and Accidental Poisonings. If you would like to read more about the child saved by her canopy bed, see Child Hurt After Tree Falls on Home.

In Lee County, Florida, a tragic accident recently took place that ended the life of a 4 year old girl (Jalessa Gonzalez). Police officials reported that Jalessa Gonzalez was hit by a pick up truck (Chevy Silverado) that was driven by Damon Drouin. The automobile accident took place on a driveway when Mr. Drouin was backing up the vehicle. Mr. Drouin did not have a driver's license due to a history of criminal traffic violations. At the time of this incident, he was driving on a suspended license. See Child Struck, Killed When Truck Backs Over Her.

Unfortunately, driveway or back over accidents continue to be reported in Florida and the rest of the United States. The typical driveway is a danger zone for children especially since most drivers are backing up vehicles when departing from the home or apartment complex. Due to the height of a small child as well as the height of vehicles especially pick up trucks, there are blind spots for drivers backing out of a driveway when there are children present.

In Florida, a vehicle is considered a dangerous instrumentality. Because of this, the owner of a vehicle is legally responsible for the negligence of the driver. In evaluating a driveway or back over accident, there are several questions or issues that may arise including the following:

What precautions or safety measures were taken prior to entering the vehicle?

Did the driver check behind the vehicle and near the vehicle for children?

Who was supervising the child at the time of the incident?

What precautions or safety measures were taken when the vehicle was turned on and prior to backing up the vehicle?

Did the driver abruptly back up the vehicle or take a safer slow approach to backing up the vehicle?

Certainly, the loss of a child due to a driveway or back over accident is unexpected and a tremendous loss for the family, neighborhood, church, and community. Dealing with a personal injury or death to a child can be quite challenging for a parent. The book titled - The ABCs of Child Injury - Legal Rights of the Injured Child - What Every Parent Needs to Know - contains chapters on Automobile Accidents, Damages / Compensation, Medical Bills and Treatment, Homeowner's Insurance, and other topics. You can receive a free book by clicking her - Free Child Injury Book - Answers for Parents. The book is also for $4.99 at the following sites: Amazon, iBooks, and Barnes & Noble.

Disney is the largest employer in the Central Florida area. As part of its entertainment empire, Disney owns and operates many vehicles in and around the Orlando area. Recently, Disney enacted a rule for its employees - "No Texting While Drivng." While this is not a Florida law on the books, Disney is taking a good step towards better safety by putting this rule in place. Texting While Driving is plain dangerous and absolutely leads to driver distraction which, in turn, leads to serious automobile accidents, bus accidents, and van accidents. Many serious personal injuries and accidents can be avoided by eliminating driver distraction at all times possible. Texting While Driving is a smart move for Disney and any other company that is thinking about the safety of the passengers, other drivers on the road, bicyclist, and pedestrians. You can read more about this story at
>Disney Bans Employees from Texting While Driving.

In Broward County, Florida, it was reported that a high school student was hit by an automobile at Archbishop McCarthy High School. The 17 year old senior was serving as an ambassador host to younger students (8th graders) visiting the school. The student was hit by an elderly woman who was driving a Toyota Corolla. It was reported that for some reason - the driver lost control of the vehicle and hit the student. This was truly a horrific and tragic incident for the student and her family to have to deal with for many years to come. Due to the severity of the injury, the student was airlifted by helicopter for treatment at Memorial Regional Hospital located in Hollywood, Florida. See Student Suffers Lose of Leg Resulting from Pedestrian / Automobile Accident at Archbishop McCarthy High School in Broward County, Florida.

Florida like other States has laws in place for the protection of pedestrians. With the privileges of driving the State of Florida come the responsibility to drive safe and remain alert any time that a person is operating a motor vehicle. Florida also has what is called the Dangerous Instrumentality doctrine. This doctrine provides that there is liability / financial responsibility of both the driver AND the owner of vehicle when negligence is the cause of injuries and damages.

Due to the presence of children, school zones and parking lots can be dangerous areas and often times are the site of incidents like the one that took place at Archbishop McCarthy High School. Safe driving is a must in and near school zones and parking lots.

Florida legislators / lawmakers are considering a law to ban texting while driving. The details of the bill and the enforcement of the law are being debated by lawmakers. One version of the law would make it the offense primary offense which means that a person can be pulled over and cited for the act of texting while driving. Another version of the law would make it a secondary offense which means that a person would need to be pulled over for some other violation (i.e. speeding or careless driving) before a person would be cited or fined for texting while driving. It makes sense to pass a law since texting while driving only contributes to the already existing problem of distracted driving. The United States Department of Transportation reported that distracted drivers accounted for 6,000 deaths on highways in 2008. You can read more about the debate in Tallahassee among lawmakers and safety advocates at Florida Considering Texting While Driving Ban.

If you have questions about a Florida automobile accident, contact a Florida automobile accident attorney for advice and representation regarding your rights, Florida law, insurance, compensation, medical bills, and other matters related to the personal injuries and property damages sustained in the automobile accident.

Serious injuries and deaths to children from driveway accidents are tragedies in every respect. . There are hidden dangers in driveways. Some think that sidewalks are the best place for children, pedestrians, and bicycle riders. In actuality, drivers frequently ignore or do not carefully look for children and others on sidewalks and driveways. When there is a death or serious personal injuries suffered by a child in a driveway or back over accident, it is certainly difficult for the family, extended family, and community to deal with such a tragedy. Unfortunately, driveway or back over accidents continue to be reported across the nation.

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.

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.