Florida Child Injury Lawyer Blog

Florida scooter, motorcycle, and bicycle riders are at risk for injury and death when hit by another vehicle. This is especially true when the rider is hit by a truck. Patricia Peace, age 49, died after the scooter that she was riding was rear ended by a vehicle driven by Jonathan Pearson, age 43, of Ormond Beach.

According to Florida Highway Patrol, Ms. Peace was ejected from the scooter. The story as reported in the St. Augustine Record newspaper did not indicate the road, traffic conditions, or speed of the 2004 Dodge Ram Truck. Apparently, there was enough speed and force to cause the death.

It is also uncertain from the report whether Ms. Peace was wearing a helmet. There are obviously more legal issues involved with this matter. Newspapers do a fine job of reporting the basic facts but cases of this nature involve a host of legal issues that can be handled by an experienced Florida personal injury lawyer. Regardless of the outcome of the legal issues, the accident was a tragedy for all persons and families involved.

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

Posted In: Automobile Accidents , Automobile Insurance , Bicycle Injuries , Motorcycle Accidents , Traffic Citations , Wrongful Death

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In Jacksonville Florida and the rest of the State, pedestrians have designated rights and responsibilities by Florida statutes and case law. Pursuant to Section 316.130, Florida Statutes:

"Every driver (in the State of Florida) of a vehicle shall exercise due care to avoid colliding with any pedestrian or any person propelling a human-powered vehicle and give warning when necessary and exercise proper precaution upon observing any child or any obviously confused or incapacitated person." See the Full Florida Statute Section 316.130.

Pedestrians are required to obey traffic devices, use sidewalks when present, and also use due care when approaching roadways and traffic.

I have represented many Florida pedestrians who have suffered personal injuries after being hit by a car or truck in pedestrian cases. The facts of each case must be evaluated on their own merits. Civil cases are not controlled by the opinions or conclusions of the police officer. This applies even in death cases. It should also be kept in mind that Florida is a comparative fault state. In other words, a judge or jury can apportion fault between the pedestrian and driving in determining an award for damages for personal injuries or wrongful death resulting from a pedestrian being hit by a vehicle.

Early involvement by a Florida personal injury lawyer is paramount to the investigation of a pedestrian case for a civil suit for compensation.

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

Posted In: Automobile Accidents , Automobile Insurance , Child Safety , Pedestrian Injuries , Statutory References (Florida) , Traffic Citations , Trucking Accidents , Wrongful Death

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Parking lots can be a dangerous area for children especially when a negligent driver hits the driver. Dakira Lykes, age 3, was struck by a car driven by Stephen J. Marzetti. Marzetti apologized at the scene of the accident but then took off. He was later located outside of a store on Blanding Boulevard and then arrested for leaving the scene of an accident. He was also charged with possession of marijuana.

Young children do not always have good safety judgment. As such, drivers should be extra careful when driving in an area with children including but not limited to apartment complexes, malls, shopping centers, schools, churches, and residential neighborhoods.

A Florida Child Injury Lawyer can help investigate the accident and pursue compensation for medical bills, pain and suffering.

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

Posted In: Automobile Accidents , Automobile Insurance , Child Safety , Crimes Against Children , Pedestrian Injuries

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Sidewalks can be dangerous in busy cities. In New York, a series of accidents caused injuries to several people who were minding their own business walking on the sidewalks. Cars veered from the roadway and hit pedestrians on the sidewalk. It is impossible to predict such an accident. However, it shows that people should be alert to the dangers of bad drivers even when they are safely on the sidewalk. You can read more about these accidents in an USA Today article - Car Hits NYC Pedestrians for 4th Time in New York.

In Florida, roadways in Jacksonville, Orlando, Tampa, Fort Lauderdale, and Miami can be quite crowded. In some sidewalk accidents, alcohol plays a factor in the accident. If a person gets behind a wheel after drinking and plows over pedestrians in a sidewalk, that person will be subject to punitive damages in the civil case as well as criminal charges in a criminal case. There is no excuse whatsoever for such conduct especially when the victim is an innocent child.

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

Posted In: Automobile Accidents , Automobile Insurance , Bicycle Injuries , Motorcycle Accidents , Pedestrian Injuries , Traffic Citations , Trucking Accidents

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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.

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

Posted In: All Terrain Vehicles (ATVs) , Automobile Insurance , Child Safety , Homeowner's Insurance / Injuries at a Home , Motorcycle Accidents , Wrongful Death

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Every day on Florida roads, children are injured as a result of an automobile accident. Many accidents result from the negligence of the driver of an automobile, truck, or motorcycle. Children cannot be held liable for any part of the negligence if the child is not driving. Typically, children under the age of 16 are not driving and are innocent victims of negligent drivers. Questions often arise as to insurance coverage and responsibility for medical bills, pain and suffering, and the loss of enjoyment of life for the child. In addition, parents have related claims for the loss of services and support as a result of the child's injuries. As a Florida child injury lawyer handling automobile accident cases, I am familiar with insurance requirements and claims as well as the litigation or lawsuits involving these cases. Children in Florida have unique legal rights that must be handled properly. In addition, the medical needs of a child greatly differ from that of an adult and it is important for the child to be treated by a doctor who is experienced in treating injured children. From a legal standpoint, it is important to get legal representation early in the process so that no rights are waived. Insurance companies and their adjuster and attorneys have an unfair advantage over the average consumer and it is important for the family of the Florida injured child to even the playing field by retaining legal counsel to advise, protect, and enforce the rights of the injured child.

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

Posted In: Automobile Accidents , Automobile Insurance , Bicycle Injuries , Child Safety , Drunk Driving (DUI) , Medical Care & Health Issues , Motorcycle Accidents , Pedestrian Injuries , Traffic Citations , Trucking Accidents , Wrongful Death

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Traumatic child injuries in Florida including automobile accident, falls, sports injuries, diving injuries, trampoline injuries, and violent injuries (gun shots / stabbings) account for most spinal cord injuries. The spinal cord consists of a bundle of nerves that carry messages between the brain and the rest of the body. Most spinal cord injuries occur in the neck ( cervical ) region. According to the Children's Hospital Boston, there are a variety of symptoms that can be associated with a spinal cord injury. You can read more about this topic at My Child Has Spinal Cord Injury - Causes, Symptoms, and Treatment.

Legal matters and representation of a child with a spinal cord injury can be quite complex. There are a variety of issues to address including but not limited to liability ( fault ), causation, automobile insurance, homeowners insurance, business insurance, health insurance, medical bills - past and future, medical treatment, life care plans, surgery, guardianship, settlement, annuity purchase, loss of support and services for the parents and guardians, and other issues. Whether a child sustains a spinal cord injury or lesser injury, it is helpful to have the advocacy and advice of a Florida child injury lawyer / attorney for these matters.

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

Posted In: Attractions & Theme Parks , Attractive Nuisances , Automobile Accidents , Automobile Insurance , Bicycle Injuries , Boating Accidents , Child Safety , Crimes Against Children , Day Care Centers and Child Care , Medical Care & Health Issues , Medical Malpractice , Motorcycle Accidents , Pedestrian Injuries , Playground & Recreation Injuries , Slip & Fall Injuries , Sport Related Injuries , Swimming Pool & Aquatic Injuries , Violent Crimes

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Florida children acquire or are inflicted with traumatic brain injuries from automobile accidents, playground incidents, day care injuries, slips and falls, sports related injuries, and other causes. Some refer to traumatic brain injury (TBI) as a brain injury or head injury. Traumatic brain injury is caused when sudden trauma damages the brain. Traumatic brain injury occurs when the head suddenly and violently hits an object or when an object goes through or pierces the skull and damages the brain tissue. Symptoms for traumatic brain injury can range from mild to moderate to severe. Some victims of traumatic brain injury experience loss of consciousness and others do not. Other symptoms of traumatic brain injury include the follows: headache, light headedness, dizziness blurred vision, tired eyes, ringing in the ears, bad taste in the mouth, mood change, lethargy, change in sleep patterns, memory problems, concentration problems, attention, and thinking and cognitive defects.

Some children who sustain a traumatic brain injury are affected for life. Since the brain is very fragile, treatment for traumatic brain injury can be quite limited. It is important to get evaluation and treatment for traumatic brain injury by professionals including but not limited to neurologists, neurosurgeons, psychologists, psychiatrists, and / or neuro-pscychologists. The National Institute of Health has some good resources and information for traumatic brain injury at Traumatic Brain Injury - Hope Through Research.

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

Posted In: Automobile Accidents , Automobile Insurance , Bicycle Injuries , Boating Accidents , Child Safety , Day Care Centers and Child Care , Medical Care & Health Issues , Medical Malpractice , Motorcycle Accidents , Negligent Security , Pedestrian Injuries , Playground & Recreation Injuries , Slip & Fall Injuries , Sport Related Injuries , Swimming Pool & Aquatic Injuries , Traffic Citations , Train Accident & Injuries , Trucking Accidents

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Motorcyclist Bruce W. Gibbs was killed in a car crash in Jacksonville Florida. According to Florida Times Union Reporter - Dana Green - Betty Wilharn did not stop at a red light on Ortega Hills Drive. As a result thereof, Ms. Wilharn's car drove into the path of a pickup truck which was pushed into the path of Mr. Gibbs' motorcycle. Mr. Gibbs died on the scene. Mr. Gibbs was not wearing a helmet but this fact would not bar Mr. Gibbs' family in a civil suit for his wrongful death. While Florida has a motorcycle helmet law, there are exceptions to this law that in some cases would exclude any evidence of the failure to wear a helmet.

Many motorcyclist are very careful when riding their motorcycles. Unfortunately, negligent drivers run red lights and otherwise cause injuries and deaths to motorcyclist on Jacksonville Florida roads. A Jacksonville Florida personal injury attorney as well as a Jacksonville Florida probate administration attorney can assist in matters of this nature. At Wood, Atter & Wood, we have 6 attorneys to assist families in time of need. You can read more about the above mentioned accident at Law & Disorder: Pickup truck strikes, Kills Motorcyclist.

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

Posted In: Automobile Accidents , Automobile Insurance , Motorcycle Accidents , Traffic Citations , Wrongful Death

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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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A 9 month old girl was run over and killed by a GMC Van in St. Augustine, Florida According to First Coast News, the child crawled out of her house and behind the van. The van driver did not see the child but felt a bump as he backed up the van. The driver stopped his van, got out, and saw that he hit a child. 911 was called to the scene and rushed the child to Flagler Hospital. Unfortunately and tragically, the child could not be saved. This tragedy shows the importance of keeping a toddler and all children for that matter safe. Doors and other exits should be secured or closely monitored. Furthermore, it is important to be extra careful when backing out of residential driveways especially in those neighborhoods with many children. It is a said day for all involved in this incident. Police will conduct a more detailed investigation before making any decisions if a crime took place by any of the parties to the incident.

Driveway deaths and injuries are tragically quite common in Florida and the rest of the United States. Government and private studies have estimated 1000s of driveway or backing incidents each year. Young children and toddlers are often times the victims of these incidents. You can read more about at the United States Department of Transportation - National Highway Traffic Safety Administration study.

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

Posted In: Automobile Accidents , Automobile Insurance , Child Safety , Day Care Centers and Child Care , Pedestrian Injuries , Wrongful Death

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Many drivers on the road believe that they have "full coverage" if they are in an automobile accident in Jacksonville Florida. In reality, the concept of "full coverage" is misleading. In Florida, a car owner must have property damage and Personal Injury Protection otherwise known as PIP.

Property damage will pay for the other driver's property damage if you are at fault. PIP typically covers 80 % of your accident related medical bills up to $10,000. All other types of coverages including Uninsured Motorist or Underinsured Motorists is optional. If you are hit by an uninsured driver, there is no insurance in place for your pain and suffering or loss of enjoyment of life if you do not have Uninsured Motorist or Underinsured Motorist coverage. You cannot purchase UM coverage the day after an accident and have it apply to the accident related injuries. As such, I highly recommend that each person (who can afford it) have UM coverage in place. There are too many uninsured drivers out there on the roads. If you have a question about your policy or UM coverage, it is helpful to contact a Jacksonville Florida personal injury attorney. I have handled hundreds of automobile accident claims and I am quite familiar with the insurance process and the difference between adequate and inadequate coverage. Contact me if you have any questions about insurance coverage and any other aspect of an automobile accident matter.

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

Posted In: Automobile Accidents , Automobile Insurance , Bicycle Injuries , Day Care Centers and Child Care , Motorcycle Accidents , Pedestrian Injuries , Traffic Citations , Wrongful Death

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When there is a wrongful death in Florida, a spouse and minor children can recover damages for mental pain and suffering and for lost parental companionship due to a parent's death. Under Florida's Wrongful Death Act, a minor child is defined as a child under 25 years of age. If there is no surviving spouse or the decedent was divorced at the time of death, then adult children can recover damages for mental pain and suffering and lost parental companionship. There is an exception for medical malpractice cases in Florida. A person must be survived by a spouse or minor children (under the age of 25) to recover damages for mental pain and suffering and for lost parental companionship.

Wrongful death cases can be quite complex and and it is important to obtain the advice and representation of a Jacksonville Florida personal injury lawyer to pursue damages resulting from the negligence of another person, business, or medical provider. You can read more about Florida's Wrongful Death Act at the Florida Statutes Official Website.

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

Posted In: Automobile Accidents , Automobile Insurance , Bicycle Injuries , Child Safety , Crimes Against Children , Funerals , Gun & Firearm Safety and Injuries , Homeowner's Insurance / Injuries at a Home , Medical Care & Health Issues , Medical Malpractice , Motorcycle Accidents , Pedestrian Injuries , Playground & Recreation Injuries , Slip & Fall Injuries , Statutory References (Florida) , Train Accident & Injuries , Trucking Accidents , Wrongful Death

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Matt Coleman, writer for the Jacksonville Times Union newspaper, posted an article about recent auto accident deaths on Jacksonville Florida roadways.

Donald Jones, age 74, died as a result of a collision with a semi tractor trailer driven by Chadwick Hendrix, 37, who turned into the path of Donald Jones. Mr. Jones was pronounced dead at the scene. Since there was a death, the Jacksonville Sheriff's Office will conduct a full homicide investigation. It appears that Mr. Jones had the right of way and that Mr. Hendrix should have waited for traffic to clear before attempting his turn. Mr. Jones should have been wearing a seat belt according to Florida law; nevertheless, his family can still pursue a wrongful death case due to the negligence of Mr. Hendrix.

Another accident resulted in the death of a Mary Aguirre, 49, of Phelan California. Erika Schaper, 25, was driving south on Florida 9A, a major roadway in Jacksonville, Florida, when she hoped over the grass median and struck the car driven by Mary Aguirre. Mrs. Aguirre was pronounced dead at Shands Jacksonville Hospital. Dean Aguirre was a passenger in the vehicle and suffered serious injuries received treatment at Memorial Hospital Jacksonville. The Florida Highway Patrol will be conducting a homicide investigation regarding this accident.

State officials are trained to conduct homicide investigations. It may also be helpful for the families to retain a Jacksonville Florida personal injury attorney to investigate these matters as well. A trained and experienced private accident reconstruction expert may provide additional information to assist families with insurance claims for injuries and deaths caused by the negligence of others in Jacksonville Florida automobile accidents and trucking accidents.

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

Posted In: Automobile Accidents , Automobile Insurance , Trucking Accidents , Wrongful Death

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