Florida Child Injury Lawyer Blog

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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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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In response to an incident where a 5 year old Yulee Florida boy was hit and injured by a vehicle on the beach, Jacksonville Florida officials have set temporary restrictions for parking and driving at Huguenot Memorial Park beach. There were prior discussions about restricting driving and parking at this beach, which is the only beach in Duval County where cars and trucks are allowed on the beach. Advocates for beach and public access oppose such restrictions. I believe that reasonable restrictions will protect and save children from serious injuries and wrongful death from auto accident related injuries.

The incident involving the 5 year old Yulee boy is being investigated by the Florida Highway Patrol. A truck ran over the boy while he was playing in the sand. You can read more about the debate over restrictions at Jacksonville Florida Huguenot Beach Posts Shoreline Signs Following Injuries to 5 Year Old.

Under Florida law, a child under the age of 6 cannot be determined to be negligence for his or her actions. As such, the child regarding the Huguenot Park incident can not be held responsible for his actions.

Legal issues involving children can be complicated. A Jacksonville personal injury lawyer should be able to give a parent guidance on the varied issues that present themselves with a child injury matter.