Florida Child Injury Lawyer Blog

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?

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

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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.

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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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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.

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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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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.

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

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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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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.

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

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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.

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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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In St. Augustine, Florida, a 46 year old motorcyclist - Rick W. Roupp - sustained critical injuries when a vehicle driven by 20 year old Tabbatha Roux attempted a left hand turn into the right of way of the motorcyclist. The motorcyclist was not wearing a helmet. As a Jacksonville and St. Augustine, Florida Personal Injury Lawyer / Attorney, I have handled and investigated many motorcycle accidents of this nature. From a legal standpoint, the liability must be evaluated and insurance policies must be reviewed. The rights of the injured party from a personal injury standpoint should be pursued and enforced if necessary. The at fault driver may be facing a traffic citation or possibly criminal charges depending on the nature of the accident and the investigation of the Florida Highway Patrol, St. Johns County Sherriff's Office, and / or the City of St. Augustine Police Department. The article was posted at the Florida Times Union - St. Augustine Motorcyclist Critical After Accident. There were several people who posted their thoughts and opinions of this accident. Some were motorcycle riders and some were not. People definitely have strong opinions as to the safety of riding a motorcycle and whether a helmet should be worn or not. There are financial responsibility laws in Florida that require a person to wear a helmet OR have a $10,000 in medical / health insurance in place if there is an accident. See Section 316.211, Florida Statutes. As such, the motorcycle rider who was recently critically injured was not legally required to wear a helmet if he had the correct insurance in place. Whatever the facts or opinions in this case, it is a tragic accident. See also St. Augustine Motorcycle Accident Kills Rick W. Roupp.

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Posted In: Automobile Accidents , Automobile Insurance , Motorcycle Accidents , Statutory References (Florida) , Traffic Citations

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Serious injuries and deaths to children from driveway accidents are tragedies in every respect. Nylah Sakira Dickerson, age 1, was accidentally run over by a family member when Nylah was in the driveway at a home in Yulee (Nassau County) Florida. The incident was witnessed by Nylah's grandfather who attemoted to get the attention of the driver. Nylah was taken to Shands Jacksonville Hospital where she was pronounced dead. Driveway deaths are a nationwide problem. 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. As for Nylah's tragedy, it will certainly be difficult for the family, extended family, and community to deal with her death.

Posted by David A. Wolf | Permalink | 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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According to the National Highway Traffic Safety Administration's website, traffic accidents are the leading cause of teen death in the country. Among the causes of these traffic accidents, driver error was the highest culprit, accounting for 87 percent of accidents. These accidents result in serious personal injuries and deaths in Jacksonville Florid and other cities throughout the United States.

Allstate Insurance Company sponsored an event titled Action Against Distraction Driver Challenge. The purpose of the event is to educate teens and adults alike about the dangers of distracted driving. You can read more about this program at Teens warned: Distracted driving deadly in Florida.

You and your teenage children can be the safest drivers in the world. Unfortunately, there are teen and adult drivers who are not very safe. Some are distracted by the mobile phone, texting, conversation, radio, and yes drugs and alcohol. If you or your child has been injured by the negligence of another driver in Florida, it is helpful to get the advice and representation from a Jacksonville Florida Personal Injury Lawyer / Attorney.

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

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

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School is back in session for most public and private schools in the State of Florida. Motorist should pay close attention to the speed zones near schools. Otherwise, a driver could get a speeding citation for violation of Florida Statutes. More importantly, the speed zones are posted and established for the protection of Florida school children. School officials and crossing guards help control and direct traffic; however, children do not have the best of judgment especially as pedestrians and bicycle riders in heavy traffic areas. Be on the look out for children. Every year - children are injured while walking or riding their bicycles near schools and their neighborhoods. A Florida child injury lawyer can assist the family with the various legal issues that arise when an injury results from the negligence of others. Issues include medical bills, selection of medical doctors, insurance claims, investigation, disability, pain, suffering, and when necessary litigation and trial.

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

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

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Tropical Storm Fay brought winds, rain, and many automobile accidents in Jacksonville, Florida and other areas of the State including Orange Park, St. Augustine, Julington Creek, Fernandina Beach, Amelia Island, Middleburg, and MacClenny. During bad weather, drivers have a duty to be careful and safe in the operation of the vehicle. Tropical Storm Fay certainly is not the sole reason for the automobile accidents. Wet and windy roads require the drivers operate their vehicles more carefully. Traffic and all drivers should operate their vehicles in recognition of these conditions. Drivers should give themselves more braking room and slow down any time that there is a problem with visibility. Yes, some accidents are by their nature resulted solely by an Act of God. Many others result from carelessness and driver inattention / negligence. A Florida personal injury attorney should be contacted to answer questions arising from an automobile accident. Tropical Storm or not - accident victims have a right to representation and recovery of compensation for all injuries caused by the negligence or inattention of others.

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

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Emergency Rooms generally do a good job treating and evaluating trauma victims. The job of the Emergency Room staff is to the assess the patient and determine the level of treatment: 1. Surgery; 2. Hospital Admission; or 3. Discharge. If a patient needs immediate surgery, the patient is in the right place. This goes the same for the patient who needs to be admitted to the hospital. What about those patients who are discharged? Well, general recommendations are made with discharge instructions and possibly a referral. It is these patients who have the most problems with follow up care. Questions arise as follows:

1. Where should I go for follow up care for my accident related injuries?
2. What specialists should I see for my accident related injuries?
3. Who is going to pay for my treatment for my accident related injuries?
4. What kind of testing will I need for my accident related injuries?

The above issues are handled on a case by case basis. Most importantly, the patient should be diligent in seeking follow up treatment. It is important from a medical and legal stand point. Liability insurance companies often question patients / clients who delay follow up care or who have big time gaps in treatment and evaluation.

A Florida child personal injury lawyer can assist you with issues related to insurance, medical bills, lost wages, pain and suffering and follow up treatment. Liability insurance companies are not concerned about your health and well being. Liability insurance companies are mainly concerned with saving money. As such, the typical accident victim should not see legal advice from the insurance company or any one other than a trained Florida personal injury attorney / lawyer. I provide my clients with a free consultation regarding personal injury mattes including but not limited to cases involving Florida automobile accidents, slip and fall injuries, medical malpractice, nursing home abuse and neglect, day care injuries, child care injuries, dog bites, and playground injuries.

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

Posted In: Automobile Accidents , Automobile Insurance , Bicycle Injuries , Child Safety , Day Care Centers and Child Care , Medical Care & Health Issues , Medical Malpractice , Motorcycle Accidents , Pedestrian Injuries , Trucking Accidents

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Photographs are extremely important pieces of evidence when documenting an injury to a Florida child caused by the negligence of another person or business. Most mobile telephones have cameras built in. Some camera phones are better than others. I typically advise clients to take photographs with a regular or digital camera to make sure that the photographs clearly document the injuries or the site of an accident. In my law practice, photographs have been pivotal in documenting the following:

Vehicle damage;
Intersections;
Skid marks;
Dangerous floors, parking lots, stairs, and other conditions;
Damage to barriers, trees, and roadways;
Lacerations, burns, and cuts;
Stitches, staples, and surgical incisions;
Bruises and welts;
Facial injuries;
Eye injuries;
Scarring; and
Dog bites.

If you do not have a camera, ask to borrow one or buy a disposable camera. Sometimes, the photograph is the most important evidence on a case. Of course, it is helpful to have the advise, consultation, and representation on a Florida child injury matter in order to make sure the photographs and other evidence are properly preserved and presented to support a claim or lawsuit.

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

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

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According to the Florida Department of Transportation, 450 to 600 children (ages 3 to 5 years old) are killed nationwide in pedestrian traffic accidents. The impact of the child's death is felt by the parents, siblings, grandparents, other relatives, friends, and the community. Young children do not have a full appreciation of the dangers of roadways or parking lots for that matter. They also lack good and accurate judgment of time, distance, speed, and danger. You can read some helpful safety tips at the Florida Department of Transportation Website - Safety Kids.

Review the web site and materials with your child. While schools do a good job of teaching safety to our children, parents and guardians should also sit down with their children to review these basic and vital safety rules and projects.

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

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The death or personal injury of a Florida child is a tragedy for the family and community. This is especially true when the death was caused by the wrongful or negligent acts of another person Safe Kids was founded in 1987 by the Children's National Medical Center. This organization gathers and releases data regarding the deaths of children in the United States. While it appears that accidental child deaths have declined since 1987 in many categories, it is still troubling to see the thousands of child deaths in Florida and Nationwide caused by wrongful or negligent acts of others.

The decline in deaths may be related to education, enactment of criminal acts, improved safety awareness, improved safety equipment, and other advances in the last 20 years. Deaths in the following areas have declined since 1987:

Motor vehicle (automobile accident) occupant deaths;
Bicycle injury deaths;
Fire and burn related deaths;
Airway obstruction (choking) deaths;
Unintentional or accidental firearm (shooting) deaths;
Fall injury deaths; and
Poisoning deaths.

Statistics are meaningless when it is your child who is injured or dies as a result of the negligence or fault of another person or business. It is helpful to have a Florida child personal injury attorney review the facts and circumstances of your child's personal injury or wrongful death.

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Posted In: Automobile Accidents , Automobile Insurance , Bicycle Injuries , Child Safety , Gun & Firearm Safety and Injuries , Motorcycle Accidents , Pedestrian Injuries , Trucking Accidents , Wrongful Death

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Who pays the medical bills when my Florida child is injured as a result of the fault or negligence of another person?

As a Florida child personal injury lawyer / attorney, I am frequently asked this question. Like many questions posed to me, I have one answer - "it depends". There are a variety of legal and insurance issues involved with such a question. One answer or solution does not cover the issue. Payment sources could include any one or more of the following:

Automobile Insurance. If your child is injured in an automobile accident, your child should be covered under your PIP (Personal Injury Protection) under your insurance policy. Bills will typically be covered at 80 %. Any bills that are not covered under PIP can be recovered from the at fault driver's insurance policy. In addition, the at fault driver is responsible for your child's pain, suffering, mental anguish, and related damages.

Homeowner's Insurance. Dog bites, trampoline injuries, slip and falls, burns, playground, swimming related, and other injuries may be covered under a homeowner's insurance policy.

Health Insurance. Even though another person caused the injuries, your health insurance should cover the accident or negligent related expenses. If you pursue a claim or lawsuit against the other person, your health insurance company may seek to be reimbursed from the settlement proceeds.

Medicaid. Medicaid would work similar to health insurance as described above.

Liability or Business Insurance. Liability and business insurance policies also pay for medical bills related to an accident or negligence taking place on the business premises or caused by an employee during the scope and course of the employment. The problem with most of the insurance companies is that they do not pay bills piece meal or as they come due. Typically, the insurance company will pay the medical bills at the completion of treatment if the insurance company concludes that the business was negligent and the bills were reasonably related to accident related injuries and treatment. As you may guess, injuries and medical treatment are often times questioned or denied by the insurance companies.

While it seems to be a simple question as to who pays the bills, unfortunately, the answers and solutions can be quite complex and uncertain. As such, it is helpful to have the guidance, advice, and representation of a Florida child injury lawyer / attorney when dealing with the bills, pain, and suffering related to a child's injury caused the fault or negligence of another person or business.

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

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

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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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All Florida children under the age of 16 must take a course in order to legally ride an ATV (All Terrain Vehicle). The purpose of the law is to educate children about the safe operation of ATVs. In turn, this training hopefully will reduce serious Florida child personal injuries sustained in ATV crashes and incidents. The new law also applies to dirt bikes as well. In 2006, there were 550 deaths caused by ATV accidents nationwide. You can read more about the law and comments on the same at State requires more all-terrain training to stem injury, death.

All owners and operators of ATVs should follow safety procedures especially when children are involved. Children do not have the strength, balance, or judgment of adults. Helmets should be worn, speed should be safe, and the terrain should be checked out at a slow speed on the initial run.

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

Posted In: All Terrain Vehicles (ATVs) , Child Safety , Motorcycle Accidents

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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.

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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.

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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.

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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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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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Florida has developed various laws that apply to both the civil and criminal aspects of an automobile accident. In order to encourage all drivers and passengers to an accident to communicate with a police officer, Florida put in place the doctrine of the Accident Report Privilege. Under this doctrine, the statements made to a police officer are generally inadmissible for use in a civil or criminal trial.

There is one major exception to this general rule. If a police officer suspects that a driver was driving under the influence (DUI) or committed another crime related to the accident, the police officer may then proceed forward with a criminal investigation. Statements made during a criminal investigation may be held against a Defendant if the police officer complied with the Miranda Warnings by reading the suspect his or her rights. You can read more about the statutes pertaining to accident reports at the Florida Statutes Web site at Duty to Give Information and Render Aid - Florida Statute Section 316.062.

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

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

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Florida deaths resulting from drunk driving have fluctuated over the years. In 1983, the percentage of alcohol related deaths peaked while the lowest number of deaths was reported in 1997.

Almost 30 % of the deaths in 2006 involved drivers with a Blood Alcohol Content of .08 or higher. You can read more about these statistics atFlorida Death Statistics Involving Drunk Drivers.

In Florida, the percentage of alcohol related fatalities peaked in 1983, while the actual number of alcohol related deaths peaked in 1986 and the lowest number of drunk driving deaths occurred in 1997. In 2006, out of all traffic fatalities, 29% involved a blood alcohol concentration (BAC) of 0.08 or higher, with 959 fatalities, which was a big drop from the year before.

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

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

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Jacksonville Florida ranks 3rd in the Nation for deadly teen crashes according to a study of the 50 largest metropolitan areas according to an Allstate Insurance Study. Only Tampa / St. Petersburg / Clearwater Florida and Orlando / Kissimmee Florida ranked higher. Car crashes / car accidents are the leading cause of death. Florida is a great place to live and a great place to visit. It is also a dangerous place as well. If you or someone you know is involved in a Florida car accident / auto accident, it is helpful to have the advice of a Jacksonville Florida personal injury attorney.

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

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

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Florida children are clearly safer as passenger in the back seat of vehicles. I represent Florida adults and children who are injured in automobile accidents, trucking accidents, pedestrian accidents, and bicycle accidents. I also use my knowledge and experience both to help the injured and to help others avoid similar fates The National Highway and Transportation Safety Administration notes the following:

Air bags are hazardous to infants and children 12 and under;

Infants should ride in a car seat facing to the rear until they are one year of age and weigh at least 20 pounds;

All children are safer in the rear seat of any vehicle; and

It is important to anchor the child's safety seat but this may be difficult in some vehicles.

Access to educational materials with an easy reading level and multiple languages is essential to give parents in our diverse population the information they need.

You read more safety tips and a safety manual at the NHTSA website.

Posted by David A. Wolf | Permalink | 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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Trauma is the number one cause of death in children older than 1 year in the United States.

Head trauma represents more than 80 % of these death related injuries. In Florida, children are injured every day in automobile accidents, slip and falls, playground injuries, school injuries, sports injuries, and bicycle accidents. The anatomical differences in the development and size of a child's brain make it more susceptible to brain injury than an adult. You can read more about the pediatric / child brain injuries at the E Medicine / Web M.D. Web Site - Head Trauma.

It is important to have a pediatric specialist evaluate and treat the child when possible. Many emergency rooms have such specialists but some do not. If you cannot see a pediatric specialist at the ER, you may want to schedule a follow up at the local children's hospital for a more in depth evaluation.

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

Posted In: Automobile Accidents , Automobile Insurance , Bicycle Injuries , Child Safety , Gun & Firearm Safety and Injuries , Homeowner's Insurance / Injuries at a Home , Motorcycle Accidents , Pedestrian Injuries , Playground & Recreation Injuries , Slip & Fall Injuries , Sport Related Injuries , Swimming Pool & Aquatic Injuries , Wrongful Death

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Jacksonville Florida roads are filled with commercial vehicles. Unfortunately, many commercial vehicles are mammoth sized when compared to a compact car or a motorcycle. It is like a David versus Goliath type of auto accident / trucking accident. A person who operates a commercial vehicle must have a Commercial Driver's License to legally operate the commercial vehicle in the State of Florida. You can read more about Commercial Driver's Licenses and other related laws at the Florida Statute Web Site. The section that applies to Commercial Driver's Licenses is located at Section 322.53, Florida Statutes.

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

Posted In: Automobile Accidents , Automobile Insurance , Motorcycle Accidents , Statutory References (Florida) , Traffic Citations , Trucking Accidents

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A recent article in the St. Augustine Record Newspaper / Web site showed the dangers of Florida motorcycle accidents. Three motorcyclists were riding Northbound on U.S. 1 in St. Johns County near the Flagler County line.

According to the Florida Highway Patrol, William Bordas misjudged the distance between his motorcycle and that of James Baltimore, III. As a result, both drivers lost control of their motorcycles and were ejected. Another motorcyclist, William E. Bordas, was also caught in this accident. All three were injured and admitted to local hospitals. The accident took place at 2:15 a.m. Margo Collins was a passenger on Baltimore's motorcycle and may have been injured as well. See Three Injured in St. Johns County Florida Motorcycle Crash for more details.

Florida has laws in place for assessing fault in civil and criminal matters. A civil case (or a case for monetary compensation) does not require that a traffic citation be issued to proceed with a claim or lawsuit. In this accident, no citations were reported at the time of the release of the article. Even if a Florida traffic citation was issued, the citation would not control the civil case or insurance claim. As you can see, the laws and details of a case can be confusing. As such, it is important to consult with a St. Augustine (St. Johns County) personal injury lawyer to determine your respective rights and responsibilities when there is an accident.

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

Posted In: Automobile Accidents , Motorcycle Accidents

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Daytona Beach, Florida is home to Bike Week a 10 day celebration for those who own and / or like to ride motorcycles.

Unfortunately, with Bike Week, which brings in thousands and thousands of people, there are numerous Florida motorcycle accidents and related injuries / deaths. Some tragically result in death. Some result from carelessness. Some from drinking, and some from a combination of the two.

James McLamb, age 51, died as he was trying to elude a police officer. Mr. McLamb failed to negotiate a curve and was thrown from his motorcycle. He died on the scene.
Mr. McLamb was the 7th fatality in 2008. Florida Highway Patrol Identifies 7th Motorcycle Related Death.

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

Posted In: Automobile Accidents , Motorcycle Accidents , Wrongful Death

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