January 7, 2012

Motorcycle / Pedestrian Accident Reported in Suwannee County Florida

Motorcycle / Pedestrian Accident Reported in Suwannee County Florida

In Florida, pedestrians are the unfortunate victims of hit and run accidents. One such incident was reported in Suwannee County Florida. A pedestrian was struck by a motorcyclist on Highway 129 and then fled the scene. The pedestrian suffered personal injuries included a dislocated foot. Thereafter, the motorcyclist fled the scene. The Florida Highway Patrol responded to the scene of this pedestrian accident. See Motorcycle - Pedestrian Collide - Motorcyclist Leaves the Scene of the Florida Accident.

Florida law requires that a driver of any vehicle involved in an Florida accident that results in personal injury or death to stop at the accident scene. This legal duty is set forth in the Florida Statutes under Section 316.027. There are many other traffic rules and regulations in place in Florida. See Florida Traffic Rules, Regulations and Laws - Frequently Asked Questions.

Posted by David A. Wolf | | Email This Post

Posted In: Motorcycle Accidents , Pedestrian Injuries , Statutory References (Florida)

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July 12, 2011

11 Year Old Girl Suffers Personal Injuries When Hit by Motorcycle Near Deland, Florida

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An 11-year-old girl, Brittany Pollack, suffered personal injuries when she was struck by a motorcycle near Deland, Florida. According to the Volusia County Sheriff’s Office, the incident occurred on South Shell Road, between S.R. 44 and Old New York Avenue. Florida Highway Patrol Sergeant Kim Montes said that Pollack walked out in front of a motorcycle driven by Thomas Henry, 51.

Pollack was flight lifted by helicopter to Halifax Health Medical Center in Daytona Beach as a trauma alert, said Montes. She was later said to be in stable condition. Montes said that no charges have been filed in the incident.

The streets in Florida communities should be a safe place for children to walk. But as illustrated above, many kids face traffic dangers when walking across streets, to school or home from the local park. Drivers, parents and kids can all do their part by following these safety tips to ensure that streets are safe for child pedestrians:

• Walk on sidewalks or paths.

• Cross at a corner using traffic signals and crosswalks. Make eye contact with the driver; do not assume that because you can see the driver, that they can see you.

• Make sure your child plays in a safe environment away from roadways such as yards and parks. Fence off play areas at home that are close to the driveway and road.

• Check frequently for children when backing out of the driveway or parking space.

• Parents and their children should hold hands while walking in parking lots or crossing streets.

For more information on this topic, see Girl, 11, hit by motorcycle near DeLand.

Posted by David A. Wolf | | Email This Post

Posted In: Automobile Accidents , Child Safety , Motorcycle Accidents , Pedestrian Injuries

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January 22, 2011

Long Life of Man (Gordon Couchene) Ends on Motorcycle Ride and Crash in Barefoot Bay, Florida

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A 93-year-old man died after the motorcycle he was riding crashed into a parked van. The man was identified as Gordon Couchene and the collision occurred in the Barefoot Bay mobile home community. According to police, Couchene was riding a Yamaha motorcycle and was not wearing a helmet. The driver of the van, 37-year-old Lynn Bedus had parked her van at the end of the retirement home community while she was waiting on a school bus to arrive. No charges will be pressed regarding this Florida motorcycle accident and it is still unknown to police why Couchene ran into the van. If you would like to read more about this story please see 93-year-old man's life is taken in motorcycle accident.

The death of this man is a tragedy for his family and community. Driving automobiles and riding on motorcycles can be very exciting and invigorating, but also very dangerous. One way to prevent sustaining serious personal head injuries or other severe head injuries while driving or riding motorcycles is to wear a helmet. Although Florida law does not require motorcycle drivers to wear a helmet if there is proper insurance for medical bills in place, helmets have been proven to save lives. In addition, avoiding motorcycle rider distraction and driver distraction can help prevent accidents as well.

Posted by David A. Wolf | | Email This Post

Posted In: Motorcycle Accidents

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November 16, 2010

Dangers of Texting While Driving - Disney Bans Texting While Driving -

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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.

Posted by David A. Wolf | | Email This Post

Posted In: Attractions & Theme Parks , Automobile Accidents , Automobile Insurance , Bicycle Injuries , Child Safety , Motorcycle Accidents , Pedestrian Injuries , Trucking Accidents

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July 8, 2010

Three Year Old Girl Injured While Riding Dirt Bike: Dangers of Dirt Bikes for Children and Teens

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In Florida, dirt bikes (motocross bikes) are popular among children and teens. There is plenty of space, trails, and places to ride dirt bikes. Like any other type of motorized vehicle, dirt bikes can be dangerous especially when operated by teen and children. The Orlando Sentinel reported that a 3 year old girl (Aiyna Bryant) suffered serious personal injuries when she was thrown off a dirt bike that was being operated by her 16 year old cousin (Jaime Johnson). The injured child was airlifted to Arnold Palmer Children's Hospital for emergency trauma treatment.

Some parents do not let their children operate or ride on dirt bikes or motorcycles. Others do allow their children on dirt bikes if there is proper supervision, safety precautions, helmets, and training. Accidents in life do happen even with all possible supervision and safety precautions. The problem is that there is an inherent danger and risk to riding dirt bikes. Parents and supervisors of children should read stories like this and use it as a teaching tool for their children.

Posted by David A. Wolf | | Email This Post

Posted In: Automobile Accidents , Bicycle Injuries , Child Safety , Motorcycle Accidents

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May 11, 2010

Motorcyclist (Loyd A. Scott) Dies in Accident Near Austin Tindall Regional Soccer Park in Kissimmee, Florida

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In Kissimmee (Osceola), Florida, a tragic motorcycle accident took place in front of Austin Tindall Regional Park on Boggy Creek Road. The accident took place on a sunny Sunday as the Bazooka Soccer Tournament was taking place. Even over the roars and shouts of parents watching their children play soccer, the loud boom of the motorcycle crash could be heard from Boggy Creek Road. Some soccer parents including one that was a medical doctor and one that was an emergency room nurse rushed over to the scene after hearing the motorcycle accident. Unfortunately, the motorcyclist's injuries were too severe for the biker to recover from.

The Orlando Sentinel later reported a story about this Kissimmee motorcycle accident at Traffic Fatality - Orlando Man Killed in Osceola County Crash. Loyd A. Scott, age 61, was the man who died in this accident. He was eastbound on his motorcycle on Boggy Creek Road. As Scott was riding his motorcycle, a van driven by Joseh P. Marek attempted to make a left hand turn. Thereafter, Scott crashed his motorcycle into the left side of the van. Fire rescue and police including Florida Highway Patrol responded to the scene. A full investigation will be completed to determine the cause of the accident including the speed and direction of the vehicles.

In addition to some soccer parents, some children were present during the aftermath of this accident. A normal sunny Sunday turned tragic for the motorcyclist, his family, and his friends.

On Kissimmee and other city roadways, drivers should exercise the utmost caution when driving. This especially applies to driving near schools, parks, and other areas where children may be. Drivers should pay special attention to pedestrians, bicyclists, and, yes, motorcyclists.

Posted by David A. Wolf | | Email This Post

Posted In: Automobile Accidents , Motorcycle Accidents

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March 26, 2010

Dangers of Driveway and Back Over Accidents

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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.

Posted by David A. Wolf | | Email This Post

Posted In: Automobile Accidents , Automobile Insurance , Bicycle Injuries , Child Safety , Motorcycle Accidents , Pedestrian Injuries , Traffic Citations , Trucking Accidents , Wrongful Death

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February 26, 2010

VIDEO - Fatal Ramifications: Texting While Driving

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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.

Posted by David A. Wolf | | Email This Post

Posted In: Automobile Accidents , Bicycle Injuries , Child Safety , Drunk Driving (DUI) , Motorcycle Accidents , Pedestrian Injuries , Traffic Citations , Trucking Accidents

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February 25, 2010

Florida Law - Automobiles as Dangerous Instrumentalities

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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!

Posted by David A. Wolf | | Email This Post

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

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February 23, 2010

Jacksonville Florida Is Ranked 3rd in the State for Hit and Run Automobile Accidents

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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.

Posted by David A. Wolf | | Email This Post

Posted In: Alcohol & Drug Issues , Automobile Accidents , Automobile Insurance , Child Safety , Motorcycle Accidents

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February 10, 2010

Florida's Drivers among the Worst – New York Stinks, While Idaho is Tops

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.

Posted by David A. Wolf | | Email This Post

Posted In: Alcohol & Drug Issues , Automobile Accidents , Automobile Insurance , Bicycle Injuries , Child Safety , Drunk Driving (DUI) , Motorcycle Accidents , Pedestrian Injuries , Traffic Citations , Traffic Citations , Trucking Accidents

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February 7, 2010

38 Car Accidents Every Day in Jacksonville, Florida

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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.

Posted by David A. Wolf | | Email This Post

Posted In: Alcohol & Drug Issues , Automobile Accidents , Automobile Insurance , Bicycle Injuries , Motorcycle Accidents , Pedestrian Injuries , Traffic Citations , Trucking Accidents

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July 31, 2009

Jacksonville Florida - Deadly City in U.S for Teen Drivers

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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.

Posted by David A. Wolf | | Email This Post

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

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April 1, 2009

Dangers of Drowsy Drivers - Risks of Accidents and Personal Injuries in Florida

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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?

Posted by David A. Wolf | | Email This Post

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

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December 15, 2008

Florida Supreme Court Strikes Down Parental Waivers of Liability for Children

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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.

Posted by David A. Wolf | | Email This Post

Posted In: Attractions & Theme Parks , Attractive Nuisances , Automobile Accidents , Bicycle Injuries , Boating Accidents , Child Safety , Motorcycle Accidents , Playground & Recreation Injuries , Sport Related Injuries , Swimming Pool & Aquatic Injuries

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November 13, 2008

Loss of Companionship of Child (Filial Consortium in Florida)

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The parent of a Florida child can pursue a claim for pain, suffering, and loss of enjoyment of life on behalf of the child when a child is seriously injured. What about the parents injuries, losses, and damages? Can a parent collect for the loss of companionship of the child when the child is seriously injured but does not die as a result of the injuries. The answer in Florida is "Yes". The loss of companionship in Florida to a parent of an injured child is called "Filial Consortium". The logical follow up question is as follows: What period of time can a jury award the loss of Filial Consortium to a parent? The answer is "until the child reaches the age of majority" which is 18 in the State of Florida. This very issue was addressed in a Supreme Court of Florida case. In a case against the Broward County School Board, the Supreme Court determined that the damages to a parent for the loss of Filial Consortium (companionship to the parent from the child) can be awarded for a time period from the injury to the child's 18th birthday. As such, if a 15 year old was seriously injured but did not die, parents can pursue a claim for themselves for the loss of Filial Consortium from the age of 15 to 18 or roughly 3 years. Florida Wrongful Death cases are subject to different standards and statutes.

Posted by David A. Wolf | | Email This Post

Posted In: Automobile Accidents , Automobile Insurance , Bicycle Injuries , Child Safety , Motorcycle Accidents , Negligent Security , Playground & Recreation Injuries , Slip & Fall Injuries , Trucking Accidents , Wrongful Death

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November 5, 2008

Parking Pal - Great Product to Teach Young Children about Parking Lot Safety

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Children are exposed to the risks of parking lots everyday in cities from Jacksonville, Florida to Seattle Washington. The risks of parking lots to children involve inattentive drivers and children with poor safety judgment. The safety tips in this blog post and others in my blog can help avoid automobile accidents, bicycle accidents, and trucking accidents that often involve injuries to Florida children.

Children often times see parking lots as just another playgrounds while drivers see parking lots as just another speedway. I recently read about a great safety product called Parking Pal which is a simple but very smart safety product for parents and caregivers of young children. Parking Pal is a bright magnetic decal. You place Parking Pal on the side of your car in a place where the children can stand and touch the Parking Pal. Parking Pal is a device to remind young children about safety and where to stand. It is also a bright sign to others that children may be near and to slow down. Parking Pal was developed by a concerned and inventive parent from Virginia who thought of a way to teach her child about safety and make the lessons stick both figuratively and literally. Use Parking Pal and other safety tips and reminders to keep your children safe in parking lots. In addition, when driving in or through any parking lot, watch out for children and other pedestrians.

Posted by David A. Wolf | | Email This Post

Posted In: Automobile Accidents , Automobile Insurance , Bicycle Injuries , Child Safety , Motorcycle Accidents , Pedestrian Injuries , Trucking Accidents

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October 6, 2008

Pelvic Fractures in Children: Diagnosis and Treatment - Florida Automobile and Other Accidents

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According to an article in the Journal of the American Academy of Orthopaedic Surgeons, pelvic fractures can result from high impact trauma from automobile and other accident trauma. Apparently, children are more likely to injure internal organs in the abdomen as a result of trauma. When dealing with an injured child from an automobile accident, it is important to stay calm and get medical attention as soon as possible. It is vital for medical providers to be on the look out for damages organs and internal bleeding. You can read more at >What To Do for Pelvic Fractures in Children.

A Florida child injury lawyer / attorney typically handles injuries to all parts of the body. At Wood, Atter & Wolf, P.A., we have handled numerous child injury cases involving automobile accidents, slips and falls, medical malpractice, playground accident, school accidents, and home / neighborhood accidents.

Posted by David A. Wolf | | Email This Post

Posted In: Automobile Accidents , Automobile Insurance , Bicycle Injuries , Child Safety , Medical Care & Health Issues , Motorcycle Accidents , Pedestrian Injuries , Traffic Citations , Trucking Accidents

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October 3, 2008

Pedestrian and Crossing Safety for Small Children - Helpful Web Site and Advice

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Pedestrian and crossing safety are very important concepts to teach small children. We, as parents, do our best to tell our children to stay out of the street, look both ways when crossing, and to hold our hands when crossing the street. The web site, www.safety4kids.com, is a helpful site that has safety tips and programs for small children. Drivers frequently hit child pedestrians causing personal injuries in the form of head injuries and fractures because of excessive speed and the failure to drive carefully around neighborhoods, school zones and playgrounds.

As noted in the site, children between the ages of five and ten years old do not have good judgment at times and overestimate their abilities to cross the street and deal with traffic. Driver often do not see children because of their size and the visibility of a child crossing from a bush, parked cars and other obstructions.

I recommend that all parents, teachers, and child caretakers teach children basic safety measures. Read through Pedestrian and Crossing Safety at the www.safety4kids.com web site for additional tips.

Posted by David A. Wolf | | Email This Post

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

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September 24, 2008

Can a grandparent or other relative be sued for negligence when a Florida child is injured?

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Can a grandparent or other relative be sued for negligence when a Florida child is injured? The simple answer to this question is "Yes". Florida does not provide immunity to grandparents and other relatives when a child is injured or dies as a result of the negligence of a grandparent or other relative. I have been involved in cases where a grandparent or other relative was negligence and this, in turn, caused personal injury or death to the child. As a Florida child injury lawyer / attorney, these cases are especially difficult to handle from an emotional, social and legal standpoint. Grandparents and other relatives not only suffer the guilt of causing such an injury but are also exposed to civil liability for the resulting pain, suffering, mental anguish, and economic expenses (medical and funeral bills) associated with the injury or death. I do not believe that immunity should be granted to relatives as all persons involved with the care and supervision of a child should be held to the same standard. The fact that a person is related to the child should not excuse negligent conduct leading to serious personal injury or death of a Florida child.

Posted by David A. Wolf | | Email This Post

Posted In: Automobile Accidents , Automobile Insurance , Bicycle Injuries , Boating Accidents , Homeowner's Insurance / Injuries at a Home , Motorcycle Accidents , Pedestrian Injuries , Swimming Pool & Aquatic Injuries , Trucking Accidents , Wrongful Death

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