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!

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.

In Florida and the rest of the nation, bicycle accidents, injuries, and deaths involving children continue to take place and are frequently reported. In Tampa, Bryan Lebron, Jr. (age 11) was hit as he was trying to cross a busy street while riding with his father and another sibling. In an unrelated bicycle accident, Mitchell Bowers (age 12) dies after reportedly turning left from a bicycle lane in front of a car.

Both of these incidents will be fully investigated by the Tampa Police Department, the Hillsborough Sheriff's Office, and / or Florida Highway Patrol. The information obtained from witnesses and these reports will certainly help provide answers as to how the accidents took place and if the accidents were avoidable or due to negligence.

In Florida, an independent investigation can also be conducted by any party to the incident to determine the facts or causes of a certain accident. It is often times helpful to have a trained investigator and a Florida Child Injury Lawyer assist with the investigation. Florida is a comparative fault state. In other words, there can be shared or apportioned fault for an accident in a civil case.

The deaths of these young children show the importance of bicycle safety as well as the dangers of bicycle riding on or near Florida roads. See 2 Boys Die in Separate Bike Accidents - Florida Times Union.

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?" »

A fifteen year old boy from Interlachen (Putnam County) Florida was hit by a pickup truck and critically injured while crossing County Road 315 near Mary Wisham Park on his bicycle last Saturday afternoon. At the time of the accident, the boy was trying to cross from the sidewalk on the west side of the road to the entrance of the park on the east side. Apparently the boy crossed the road just as the southbound lane cleared, without checking the northbound lane for oncoming traffic. He was hit by a pickup truck in that lane and sent flying onto the shoulder of the road. The driver of the pickup, sixty two year old Samuel Hancock Jr. of Satsuma, Florida, pulled over immediately to check on the boy. The driver was wearing his seat belt and was not injured. No charges have been filed by police.

Children often have poor safety judgment and awareness when crossing streets. Many accidents and injuries caused by car accidents can be avoided by slower driving, more attentive driving, and safety awareness by both driver and pedestrian or bicyclist. In this case it appears that the driver did nothing wrong, but a bit more caution on his part might have prevented the accident. Drivers should pay close attention to traffic, road conditions, and pedestrians when driving on Florida roadways. Parents need to take the initiative as well, and teach their children proper safety precautions when crossing roads on foot or on a bicycle.

Read more about this car accident at Teen bicyclist hit while crossing county road.

Victor Steen, 17, of Pensacola, Florida, died after being run over by a police car while being chased on his bicycle. The incident began when Officer Jerald Ard saw the boy around 2 am in a construction site. When Steen fled the scene on his bicycle, Ard pursued him in his police car. During the chase, Ard attempted to stun the teenager with a taser. Some time during the chase, Steen crashed his bicycle in the path of the police car and was run over.

Even though it does not appear that Steen was stunned by the taser, the incident has raised interest from a national civil rights group, which advocates a national stun gun policy. The group, Southern Christian Leadership Conference, said that it will release a report in December that shows that 400 people have died from stun gun incidents. In response to concerns, the Pensacola police department changed its policy from “reasonable use” of stun guns to prohibiting shooting a stun gun from or at a moving vehicle.

Th Florida Highway Patrol and the Florida Department of Law Enforcement are investigating Steen’s death. Officer Ard has been placed on administrative duty. It will ultimately be up to the Florida attorney general to decide if charges will be filed in this case.

Find out more about this teen’s tragic death at Deadly chase brings new look at stun gun use.

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.

In Lake County, Florida and other school districts, young children get to school by school bus. There are several benefits to taking the school bus to school. The benefits include the following:
*Reduces traffic in and around school;
*Reduces the number of pedestrians and bicycle riders;
*Avoids dangers of walking for the children; and
*Provides assistance to working parents in need of bus transportation for their children.

It is sad that another benefit for children is that it keeps children away from the homes of sexual offenders and child predators. Some children walk or ride their bikes past the homes of sexual offenders and child predators in order to get to school. Due to budget cuts, Lake County and other school boards must consider measures to save money - this includes, at times, the reduction of bus services to children who live within a few miles from school. You can read more about the issues facing the Lake County School Board and busing at Lake County School Board - Youngest Kids Shouldn't Walk to School.

Florida has the highest number of fatalities of bicyclists compared with other States. According to the National Highway Traffic Safety Administration, there were 113 bicyclists who died in Florida in 2008 and 121 bicyclists who died in 2007. These figures are quite disturbing when evaluating the numbers for Georgia, the state adjacent to Florida, had 16 deaths in 2007 and California, which is a larger and more populated state, had 109 deaths in 2007.

Florida drivers should take due care when driving near bicycle paths and bicyclists. This is especially true for child bicyclists.

You can read more about this story at Bicyclists Beware -Florida Is Most Dangerous State for Bicyclists.

Florida counties, cities, and municipalities establish bicycle lanes for the use and safety of bicyclists. Drivers have a duty to yield to bicyclists utilizing these specially designated bicycle lanes. Unfortunately, some drivers fail to observe or visualize bicyclists in the these lanes and drive into the lanes while they are occupied by bicyclists. On Old St. Augustine Road, Chastity Rettinger, age 36, and another bicyclists were in the designated bicycle lane when they were hit by a driver who switched lanes. Tragically, Chastity Rettinger died at the scene. A homicide investigation will be completed by the Jacksonville Sheriff's Office and / or the Florida Highway Patrol to determine the cause of the accident. An autopsy may be performed to determine the cause of death which would appear to be the trauma from the incident.

All drivers are encouraged to yield to bicyclists especially children. Saving a life and avoiding serious personal injuries are much more important than saving time by getting somewhere quicker. Be on the lookout for all pedestrians, bicyclists, and other drivers. Their lives depend on your attention and safe driving habits.

You can read more about this story at Bicyclists Injured in Jacksonville, Florida.

Children are at high risk for head trauma as compared to other age groups. The two children groups identified to be at the highest risk for head trauma are 4 year olds and the age range between 15 and 19 years of age. Head injury symptoms include headaches or neck pain, confusion or mood change, light headedness, loss of balance, nausea, ringing in the ears, memory problems, concentration problems, decision making problems. and sensitivity to light. If any of these symptoms are present and last longer than 15 minutes, medical experts recommend that the child be examined by fire rescue and / or a local emergency room department. Time is of the essence in diagnosing and treating a head injury.

Dr. Duane E. Dede, a co-director of the Mild Traumatic Brain Injury Clinic based at the University of Florida Health Center, advises that any brain injury should be treated seriously and necessary medical precautions should be taken.

It is estimated that 1.4 million suffer traumatic brain injury by a bump, jolt, or blow to the head every year. The primary causes of TBI (Traumatic Brain Injury) are automobile accidents and falls.

You can read more about brain injuries, risks, and tips at A Head's Up on Trauma - Even a Simple Bump Should be Treated as a Serious Injury.

The National Highway Traffic Safety Administration (NHTSA) reports that approximately 80 % of all accidents involve some sort of driver inattention. A great many of these accidents involve drivers who are fatigued and sleepy. The National Sleep Foundation, a non profit Washington based advocacy organization, estimates that over 50 % of adult drivers have driven while drowsy. As such, there have been millions of drivers out there who get behind the wheel drowsy and tired. This, of course, presents a risks to the drivers, passengers, other drivers, pedestrians, and bicylists.

It is difficult to determine the number of accidents that are caused on a daily, weekly, or annual basis due to sleep deprivation or drowsiness in Jacksonville, Florida since the Jacksonville Sheriff's Office does not maintain this kind of information or database. Nevertheless, sleep deprivation and drowsiness do cause inattention, which in turn, cause accidents and resulting personal injuries.

You can read more about sleep deprivation, drowsiness and driving at Drowsy Drivers - How Many Are Asleep at the Wheel?

In Jacksonville, Florida and other cities through Florida and the national, there is a dedicated group of people who do their best to keep our children safe during the school year. Jacksonville, Florida school crossing guards serve a very important function. They are posted at busy intersections and add a safety measure that has undoubtedly saved from serious injuries and death every year. The Florida Times Union Newspaper wrote a nice story about school crossing guards, who through their actions and dedications should be honored and thanked by our community: Sylvia Wilson, Charlie DeSalvo, Faye Goldsby, Faye Goldsby, Connie Horton, and Bernice Washington - Thank you for your service and everything you do to promote the safety of our children. You can read about these dedicated Jacksonville, Florida school crossing guards at School Crossing Guards Take Top Honors.

In Florida, there are specific laws in place as to the safe operation of bicycles. Many of these laws mention the role of motorists and pedestrians as well. The Florida Bicycle Association has as good web site that contains a summary of the relevant Florida Statutes as well as many safety tips for bicyclists, pedestrians, and drivers. In Florida, children are frequently injured while riding a bicycle when a driver fails to notice the bicyclist, drives too fast for road conditions, and fails to yield the right of way to bicyclist. While children should and do know basic bicycle safety, it is up to drivers to take extra steps when children on on or near roadways on their bicycles. I recommend that you educate yourself on the bicycle laws for the State of Florida. Whether you are a bicyclist or not, it is important to know these rules of the road and sidewalk. If you or your child has been injured while riding a bicycle, it is often helpful to have a Florida personal injury lawyer to assist you in reviewing the police report, the details of the accident, medical bills, insurance policies, and medical records.

In Gainesville, Florida, a 6 year old girl (Jani'yah Irving) was run over by a semi truck on Northwest 12th Terrace and Northwest 32 Avenue. Jani'yah was riding her bicycle with a friend. Jani'yah had problems stopping at an intersection / stop sign and rode her bicycle under the large semi truck driven by Marcus Olden, Jr. Tragically, Jani'yah was run over by the rear wheels of the truck. While Jani'yah may not have been wearing a bicycle helmet, it does not appear that this would have made any difference with respect to the fatal injuries suffered by Jani'yah.

The Gainesville Police Department and / or the Florida Highway Patrol will conduct an investigation into the death of Jani'yah Irving. In conducting the investigation of this accident, investigators may consider the following factors:

What was the speed limit in the area?
What was the estimated speed of the truck driver?
What was the estimated speed of Jani'yah?
Were the street signs in the area (No Through Trucks, Stop Sign) clearly visible?
Why did the truck driver drive into an area with the No Through Trucks sign?
What other routes were available to the truck driver?

In addition to the police, the family can also retain the services of a private accident reconstruction expert to get an independent analysis of the incident and causes for the same.

It is a shame that such tragedy has befallen the Jani'yah Irving and her family. This incident was the first traffic death of the year for Gainesville, Florida. You can read more about the story at Girl Killed on Bicycle by Truck in Gainesville, Florida.

The Florida Highway Patrol recently reported the tragic death of a 7 year old boy. In Thonotosass, Florida, a 7 year old boy was crossing U.S. 301 on his bicycle when he was hit by a vehicle. He was riding his bicycle with his mother and sister nearby. The family was riding on a bike trail prior to crossing U.S. 301. The crash is under investigation by the Florida Highway Patrol.

This story was reported by the Jacksonville Times Union Newspaper and the Associated Press at Florida Highway Patrol Reports Death of 7 Year Old While Crossing 301 on His Bicycle.

The Florida Supreme Court recently ruled on an important issue involving the validity of parental releases for children engaging in potentially dangerous activities that could cause serious personal injuries and death. In the case, a motorsports park had a parent sign a waiver on behalf of a 14 year old riding an all-terrain vehicle. The trial court dismissed the case due to the waiver / release. An appellate court ruled that the waiver / release was invalid and against public policy. The Supreme Court of Florida agreed and ruled 4 to 1 in favor of the family's right to sue the Defendant for the wrongful death of the 14 year old boy. The appellate attorney representing the family was Bard Rockenbach. I know Mr. Rockenbach and have worked with him in the past on some legal and appellate issues. He is a very knowledgeable attorney who has dedicated many years to legal issues to protect and enforce the rights of children and their families. The Supreme Court of Florida has paved the way for other families to bring actions against commercial enterprises and their employees who negligently cause personal injuries and / or the wrongful death to children. A child personal injury attorney who is knowledgeable to the current case law, statutes, and procedures can assist families of injured children in their quest to obtain rightful compensation for medical bill, pain and suffering, and the loss of enjoyment of life. You can read more about the Supreme Court's decision at Supreme Court of Florida Rules that Parents Cannot Waive Legal Rights of Children.

A 2 year old boy (Sergio Martinez) was run over while riding his tricycle in a driveway in Palm Beach, Florida. The Ford Explorer driver, Rangel Rauda, stated that she did not see Sergio as she was backing up her vehicle because there was a parked vehicle blocking her vision. You can read more about this story at Toddler Dies as a Result of Back Up Drive Way Incident at the Florida Times Union Web Site.

Back up drive way personal injuries and deaths to children in Florida and other States are a major problem and have been for years. Senator Bill Nelson (Democrat - Florida) even sponsored legislation to require new automobiles to have backing up safety systems in place to protect children who may be walking, crawling, or biking behind motor vehicles. The purpose of the legislation is to attempt to limit tragedies like the Sergio Martinez incident from taking place. You can read more about this legislation and the national problem of back up driveway deaths and injuries to children at the Official Web Site for Senator Bill Nelson.