Florida Child Injury Lawyer Blog

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.

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.

Text messaging is an engaging and somewhat addicting activity. People of all ages are texting day and night even when they are driving. It is well known that texting while driving can and does cause driver distraction. As a result thereof, there have been many automobile accidents reported in Florida and other States caused by text messaging related distracted driving crashes. In Bartow, Florida, Polk County Deputy Sheriffs arrested a man (Stephen Wade Horne) for reckless driving involving serious injuries that were caused to Emmanuel "Manny" Mejia (age 20). Mr. Horne failed to stop for a Florida Refuse garbage truck and, in turn, hit Mr. Mejia. Mr. Mejia was rushed to Lakeland Regional Medical Center for emergency treatment related to these most serious personal injuries.

You can read more about this story at Text Messaging and Driver Distraction - Arrest Made in Bartow Florida - Reckless Driving.

In Jacksonville, Florida, we are known as the biggest city land mass in the country. The entire county is the city and visa versa. Jacksonville also has bragging rights as the Home of the Florida / Georgia Game, great beaches, great weather, and the Jacksonville Jaguars. Unfortunately, Jacksonville, Florida was recently recognized for something not so great - Jacksonville is the 4th worse city in Florida or pedestrian safety / injuries. The study was released by the Transportation for America. Jacksonville ranked behind Orlando - Kissimmee, Tampa-St. Petersburg-Clearwater, and Miami-Fort Lauderdale-Pompano Beach.

Many pedestrian accidents and injuries can be avoided by slower driving, more attentive driving, and safety awareness by both driver and pedestrian. Unfortunately, children are often injured as pedestrians by drivers who are distracted or driving too fast for the road conditions or traffic. Slow down and save a life. You can read more about this study at
Jacksonville, Florida - 4th Deadliest for Pedestrians.

Aujia Ivory, age 13, of Apopka, Florida sustained personal injuries when she was hit by a vehicle operated by Paul R. Wills, age 44. Mr. Wills stated that he was not aware that he hit a child but thought he hit a tree branch. According to Mr. Wills, it was only when he got home did he realize that he did not hit a tree branch. The child was transported to Arnold Palmer Hospital for Children to get necessary treatment for the automobile / pedestrian accident injuries.

Drivers should pay close attention to traffic, road conditions, and pedestrians especially children when driving on Florida roadways. According to news reports, there was an outstanding warrant from another matter pending against Paul Wills. You can read more about this story at Man Arrested After 13 Year Old Girl Hit by a Car.

In Florida and other States, driver distraction is not just a passing problem or fad . . . it can also lead to serious personal injuries and wrongful death. In particular, texting while driving is a real danger to anyone on or near roadways in the State of Florida. Some Florida legislators as well as organizations like AAA (American Automobile Association) are recommending legislation that would ban texting while driving on Florida roads and highways. As a child safety advocate, I support such legislation. Texting while driving is undoubtedly dangerous. You can read more about this topic at Florida Could Pass Legislation to Ban Texting While Driving.

A Ford Explorer SUV recently crashed while traveling in a Church caravan traveling from Orlando to Florida. A 6 year old boy (Abdmael Saint Juste) died and 7 other children suffered personal injuries in this crash. It was reported by the Florida Highway Patrol that a tire blew on the Ford Explorer. Thereafter, the Ford SUV hit a guardrail and then flipped over two times. When crashes like this take place, many issues / questions are raised:

What was the make and model of the Ford SUV?

How many miles were on the tire that blew?

Did the tire have a manufacturer defect that caused it to blow?

Were the children wearing a seat belt? Booster seat?

What speed was the SUV traveling?

Did road conditions contribute in any part to the crash?

Florida Highway Patrol and possibly other law enforcement agencies will conduct a further investigation into this tragic automobile accident. You can read more about this story at 6 Year Old Boy Dies and Other Children Injured in SUV Crash in Volusia County, Florida.

In Orange County (Orlando), Florida, a 17 year old girl (Bree McMahon) suffered a serious personal injury shen she was pinned between a car and a wall at a car wash fundraiser. Bree was later taken to Orlando Regional Medical Center for evaluation, treatment, surgery, and admission. Bree suffered severe crush injuries to both legs. Her left leg had to be amputated and her right leg was severely injured and will need extensive physical therapy.

Many legal and financial issues or questions arise from such an incident:

What safety precautions were in place to prevent such incidents from taking place?

Where was the car wash being held? Who owned the property where the car wash was being held?

Who was operating the vehicle at the time of the incident?

What adults were supervising the car wash?

What was the involvement of the soccer club as to the fund raiser?

What insurance will apply to the injuries? Health insurance? Automobile insurance? Business liability insurance? Homeowner's insurance? Club liability insurance?

What safety precautions should have been in place to prevent this incident?

Bree McMahon will have a long period of rehabilitation. Bree will face certain challenges in life in dealing with these injuries. Furthermore, it will be a challenge for her family as well. Hopefully, safety precautions will be taken in the future to prevent incidents like these from taking place. Fundraisers and car washes can be fun but they can also be dangerous without safety precautions and proper supervision in place. You can read more about this story 17 Year Old Girl Suffers Serious Injuries at Soccer Fundraising Car Wash.

Lehigh Acres, Florida 8 year old (Brandon Castillo) dies one day after a tragic pedestrian / automobile accident in Lehigh Acres, Florida. Brandon was at or near a school bus stop area when he was hit by a van driven by Doris Toombs. A story reported in the News-Press Website reported that Brandon ran into the street from the school bus stop area. It was not reported in this article why Brandon ran into the street, how far he had run into the street, or the speed of the vehicle. The speed limit on the stretch of roadway in the area was 35 miles per hour. People familiar with the roadway stated that there is a problem with visibility / glare in the morning hours. Brandon died of automobile accident related injuries at Tampa General Hospital. When accidents of this nature take place, it is vital that parents, drivers, schools, and government officials consider current school bus safety issues and additional ways in which to provide safety for the children in and around these areas. I have handled cases involving children who have been injured at or near a school bus area in the past. Many issues or questions arise from these type of cases. In particular, the following should be evaluated:

*What was the speed limit in the area?
*What speed limit signs were posted?
*What school bus signs (if any) were posted?
*What supervision was in place at the school bus stop area?
*How did students get to the school bus stop area?
*Was adequate space provided to the students to wait for the school bus?
*Was there a better or safer area to place the school bus stop?
*Has there been other incidents or accidents in or around the area?

Day care centers in South Florida and the rest of the State have a duty to provide safe transportation when this service is provided as part of the day care program. The day care center should make sure that the driver has a valid driver's license and experience and training in driving the day care vehicle, van, or bus. Driver inattention, distraction, and negligence can prove to be quite dangerous when children are being transported. In Davie, Florida, a daycare van operated by the Nob Hill Academy recently collided with three other vehicles in an automobile accident. Seven children suffered personal injuries as the result of the crash. Most of the accident victims were transported to Memorial Regional Hospital - Hollywood, Florida for treatment and evaluation. News report state that the day care van driver failed to properly stop for a yellow school bus. One of the accident victims (an adult) was reported to be in critical condition.

You can read about this story at Day Care Center Van Accident in Davie, Florida Causes Injuries to Children and Adults.

In Jacksonville (Bartram Park Boulevard), Florida, a tragic pick up truck accident took place on July 27, 2009. The driver (Joel David Stauder), age 19, was recently arrested and released on bail. Investigators / law enforcement officers determined that the deaths resulted, in part, from the fact that the occupants were unsecured in the bed of the pick up truck.

It is common to have people including children travel in the back of pick up trucks in Florida and other States. While it is quite common, it is also very dangerous. This is evident when there is a pick up truck crash with associated injuries and deaths. Passengers are at serious risk for personal injuries including head injuries and fractures when there is an accident.

You can read more about the arrest of Joel David Strauder at Driver Arrested for Pick Up Truck Crash.

In Holly Hill, Florida, street racing caused the untimely and tragic death of three passengers. It was reported NBC WESH 2 News that the illegal street race took place in Holly Hill, Florida. Two cars crashed while participating in a race. While it cannot be said that movies like the Fast and Furious are responsible for such tragedies, movies like these do glorify street racing. Teens, young adults, and even older adults as well do not recognize the dangers of street racing. Plain and simple, street racing is a bad idea. It is illegal. More importantly, many people suffer serious personal injuries and wrongful death as a result of street racing. Those who want a thrill from racing should go to the amusement park and ride Go Karts or play a video game. You can read about this story at Police Report Three Deaths from Street Race in Holly Hill, Florida.

In Gainesville, Florida, an Alachua County school bus was recently involved in an automobile / bus accident. The school bus reportedly hydroplaned and then hit a tree. There were 41 children on the school bus at the time of the accident. A few children suffered minor personal injuries. It appears that a combination of the speed of the bus with the wet roads led to the crash. Fortunately, there were no serious personal injuries or wrongful deaths that resulted from this bus accident.

With students now back to school, all drivers including school bus drivers should pay close attention to traffic and road conditions. Child safety should be the primary mission of all school bus drivers and personnel. You can read more about this story at Gainesville, Florida Bus Accident - 41 Children on the School Bus.

In Florida and other States as well as the rest of the world, texting while driving has become a real problem that happens every day. I viewed this You Tube video that was sent by a concerned friend. My friend recognized the dangers of texting while driving and wanted to help spread the message. It appears that the video was filmed in Europe, England, or Australia. While the English accents are distinct, the message is universal. The comments by the viewers vary. Whether you believe the video is realistic or a good presentation of the problem of texting while driving or not, the topic or issue of texting while driving is an important one to consider and discuss with others including your children. Texting while driving can and does lead to automobile accidents, serious personal injuries, and wrongful death. Waiting to send out or view that text message won't change a life but distracted driving can and does change lives.

Child seats can save lives and prevent serious personal injuries to children. Having a child car seat in place is just one safety measures among several that need to be correctly in place to effectively protect children. The car seat must be properly placed and fastened. Safety harnesses from the seat need to be adjusted to make sure that the child is optimally secured in the seat as well In Wisconsin, a toddler recently was ejected from a Jeep while in his car seat. There was a witness to this accident. The witness reported that he saw the child fly out of the Jeep while still in the car seat. This incident certainly could have resulted in serious personal injuries and even the death of this 2 year old child. Miraculously, the child did not sustain any life threatening or serious personal injuries a a result of this incident. This story shows the importance of checking and double checking the placement and installation of child seats. You can read more about this story at Wisconsin Toddler Avoids Serious Personal Injuries After Flying Out of Jeep.

The City of Jacksonville, Florida (Duval County) has unfortunately made the list of the top three cities in Florida for deadly automobile accidents involving teens. The other top cities in Florida, according to an Allstate Insurance Company study, were Tampa and Orlando. Driving distraction in the form of text messaging, e mails, web surfing, and talking on mobile phones is a major problem in these cities and others throughout Florida. Teens these days seemed to be tethered to their phones. This is fine when the teen is a passenger in the vehicle. On the other hand, acts like text messaging while driving can lead to automobile accidents involving serious personal injuries and, yes, the wrongful and untimely death of teens and others on Florida roads. You can read more about this recent study and dangers of distracted driving at Florida Teens: Distracted Driving Can Turn Deadly.

A deadly crash took place on Batram Park Boulevard on July 27 in Jacksonville, Florida. As I was driving into work this morning, I was driving on this very roadway when I came across an unmarked police SUV and an marked police vehicle. These vehicles were blocking traffic through Batram Park Boulevard. I suspected that there was an automobile accident / trucking accident or some kind of criminal chase in the area. I later heard and read about this tragic accident. The pick up truck had 3 teens in the back of the pick up truck when the driver lost control and the truck flipped. One teen died and another was seriously injured

A pickup truck loaded with six youths crashed after the driver apparently lost control early this morning causing the truck to flip. The accident killed one passenger and left another in critical condition, Jacksonville police said.

Miranda J. Zant (age 16) died at the scene of the crash when the pick up truck rolled over her according to the Jacksonville Sheriff's Office.

Florida Statutes Section 322.2015 prohibits the operator of a pick up truck to permit a minor child (under the age of 18 years old) to ride in the back of a pick up truck.

This law is in place to protect minors from the dangers of riding in the back of a pick up truck especially when there is crash. You can read the full version of this statute at the Official Florida Statute website at Section 322.2015, Florida Statutes.

The deaht of Miranda J. Zant is a tragic loss for her family and the community. Teens, parents and others should pause at this time to empathize and give sympathy to the family of Miranda J. Zant and also use this tragic accident as a teaching tools to other teens and children about the dangers of riding in the back of a pick up truck.

You can read about this crash at the Florida Times Union Website - Deadly Crash on Bartram Park Boulevard in Jacksonville (Duval County) Florida.