Florida Child Injury Lawyer Blog

The prevalence of texting has skyrocketed shooting from 9.8 billion messages per month in December 2005 to 110.4 billion messages per month in December 2008. Sadly, it is estimated that cell phone usage contributes to approximately 342,000 car accident injuries and causes $43 billion dollars worth of damage every year!

Studies have even indicated that texting while driving is worse than drunk driving! Check out this YouTube video that shows the gut-wrenching consequences of texting while driving (WARNING: this video is graphic, with realistic, but potentially disturbing, reenactments). It is stunning to see how dangerous and how devastating the effects of texting while driving can be.

According to Florida's dangrous instrumentality doctrine, owners and possessors of inherently dangerous tools are liable for any injuries caused by the operation of those tools. This legal principle was applied to the realm of automobiles in Southern Cotton Oil Co. v. Anderson, 86 So. 629 (Fla. 1920). This means that if you own a car, you can be responsible for injuries caused by that car.

As a result of this watershed case, victims of car accidents occurring due to negligence may look to the vehicle owners for damages, regardless of whether it was the actual owner driving the vehicle or not. Likewise, employers may be pursued for the injurious acts of their employees under the theory of respondeat superior.

In order to be held liable, an owner must have the ability to exert control over his or her vehicle. For that reason, people whose cars are stolen may not be penalized for injuries involving their vehicles depending on the particular facts of the case. Furthermore, if an owner did not give permission to a driver to operate the car, the owner may avoid liability if he files a police report to show that the car was stolen at the time the injury was caused. These distinctions are critical for determining who needs to be brought into litigation via impleader and the bounds of a victim’s potential recovery.

Unsure of what all this means to you? Consult a personal injury attorney to learn the intricacies of the law!

The U.S. News & World Report released a state-by-state study on America's Worst Drivers.

Florida ranked 43rd. While Idaho ranked #1, New Jersey bowed out as last year's worst, making way for New York. GMAC Insurance's 2009 National Drivers Test tested 5,000 drivers in each state, evaluating their basic knowledge of driving laws. Alarmingly, over 20% of America's drivers could not pass the written driver's test. That's about 41 million drivers from sea to shining sea who don't know the meaning of a yellow light or how to calculate a safe following distance.

The study shows a direct correlation between increasing age and improved test scores. In other words, there's a reason why your teenager's insurance premiums are through the roof.

How will you do? Take the test to see if you will fare better than your fellow drivers.

Automobile accidents and related injuries continue to be a daily problem in Jacksonville, Florida and other cities and towns. The Department of Motor Vehicles is one agency that reports and keeps track of automobile accidents and related injuries. 2004 statistics were reported that there were 14,116 accidents in 2004. This calculates to 38 accidents every day.

Even after decades of research to design safer vehicles, people frequently are injured in motor vehicle accidents / collisions. To be exact, there were 10,455 traffic accident injuries in 2004. Here's a summary of Duval County's crash data:

Alcohol Related Traffic Accidents - 1,245
Traffic Fatalities - 131
Alcohol Related Fatalities - 49
Injuries in Traffic Accidents - 10,455
Alcohol Related Injuries - 847
Motorcycle Fatalities - 15
Bicycle Fatalities - 6
Bicycle Injuries - 230
Pedestrian Fatalities - 31
Pedestrian Injuries - 329

Car accidents happen every day. If someone runs into you on the road, seek immediate medical attention, and contact a Florida automobile accident attorney for advice, counsel, and representation.

In an effort to reduce pedestrian fatalities, Tampa police have launched a campaign to monitor busy downtown crosswalks. The police department plans to warn jaywalkers who violate crosswalk laws and hand out traffic citations to drivers breaking the traffic laws. According to Tampa police, seventy percent of pedestrian fatalities occur when pedestrians are crossing the street improperly. Impatience is believed to be the leading cause of people not wanting to cross in the crosswalk.

Parents should always be very cautious when travelling on foot with their children, and make sure to hold the child’s hand at all times. Children often have poor safety judgment and awareness when crossing streets or walking near traffic. All drivers should practice safe driving habits by keeping a sharp eye out for pedestrians, especially children, who may dart out into traffic unexpectedly. Better awareness on the part of both pedestrians and drivers can help prevent traffic fatalities and personal injuries.

Read more about the Tampa police department’s efforts to cut down on pedestrian accidents at Tampa push to reduce pedestrian fatalities off to a slow start.

If your child has been injured in a pedestrian or automobile accident, please contact our firm for expert child injury legal counsel.

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

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

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

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

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

According to a study by the Transportation for America and the Surface Transporation Policy Partnership, Metropolitan Orlando is noted for being the most dangerous area for pedestrians. Orlando is a tourist and business city with wide roads and millions of pedestrians attempting to cross the roads every year. The design of the city, according to some safety advocates, was more geared for the motorist rather than the pedestrians, runners, and / or bicycle riders. In the four county area including Seminole, Orange, Lake and Osceola county, it was reported that there were 115 people hit and killed by by vehicles in 2007 - 2008. Orlando is a great place to live and a great vacation destination city for many; however, it is also dangerous in many of the high traffic areas especially commerce and business areas supporting tourism. Whether you are in Orlando or any other city, be careful any time that you cross a street or are near a heavy traffic area. This is especially important when children are with you or nearby as children often times have poor safety judgment and awareness when crossing streets. You can read more about this study and the dangers of Orlando area traffic at Pedestrians Should Be Careful - Orlando Ranked Worst in the Nation.

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

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

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

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

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

In New Port Richey, a 2 year old boy (Taner Markal) suffered serious personal injuries after he was run over by a vehicle in a driveway. His mother (Chelsea Decker) was getting her son out of the car and then went to help his twin sister. The vehicle then rolled backwards over Taner Markal. It is unknown what safety precautions Ms. Decker took to prevent an incident like this from taking place. Parents are often times distracted by the demands of multiple children. Was this incident caused by inattention? Was there a defect in the parking brake? Either way, it is a tragedy for this family to have to deal with. It was reported that criminal charges are not expected to be pursued on this matter.

You can read more about this story at Florida 2 Year Old Child Suffers Serious Personal Injuries.

To the surprise of some, driveways happen to be very dangerous places for children. This is especially true in back over accidents or incidents that take place far too frequently. Keep children away from the back end of any vehicles. Make sure that children are cleared away from the area. Drive very slowly in driveways and always use your parking brake.

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

In Florida and other States, pedestrians are the unfortunate victims of train related deaths. Statistically, Florida ranks 3rd among all States for train / pedestrian deaths. Georgia ranks 11th. Train companies as well as child and safety experts agree that both train companies and employees as well as pedestrians should exercise due caution due to the serious dangers created by pedestrians walking on or near railroad tracks. It is recommended that pedestrians should stay 25 feet or more from train tracks due to the size of the train, cargo, and the risk of flying debris as the train moves through the area. You can read more about the dangers of trains and safety recommendations and precautions at Florida Ranks 3rd Among States for Pedestrian / Train Deaths.

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

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

Crossing or walking near streets with small children can be dangerous. Some parents hold the child's hand. Some carry the child. Some push the child in a stroller. In Melbourne, Florida, a mother was carrying her 23 month old child in her arms when she was struck by a car. The mother was not able to hold onto to the child who suffered serious head injuries have being thrown 12 to 15 feet until the toddler landed on his head. The mother was transported to Holmes Regional Medical Center for treatment. The toddler was transported to Arnold Palmer Children's Hospital for treatment. An investigation will be completed as to the cause of the action as well as the condition of the driver as to possible impairment as well. You can read about this article at Mother, Toddler Pedestrians Seriously Injured in Melbourne, Florida Automobile / Pedestrian Accident.

The Florida Times Union reported that two teenagers (Malik Lee - age 13 and James Nelson - age 16) were recently hit by an older driver in Baker County. It was reported that a 92 year old driver was driving on County Road 139 when the incident took place. The incident took place at 8:00 p.m. in the evening. The teenagers were taken to Shands Jacksonville for treatment and evaluation of serious personal injuries. You can read more about this story at Rain Leads Older Driver to Hit Younger Teenage Pedestrians.

In Florida and other states, driveway and roadway back over accidents continue to occur. Back over accidents frequently involve a toddler or small child who is not seen easily by a driver backing his or her car out of a driveway. Toddlers and small children lack good judgment and will, at times, walk behind a moving vehicle and into a zone of danger that causes serious personal injuries and death. In Jacksonville, FLorida, a toddler ran away, for a moment's time, from her grandmother and into the path of a driver who was backing up a vehicle out of a parking space. The little girl was rushed to Shands Jacksonville Medical Center.

You can read more about this story at Toddler Seriously Injured in Back Over Accident in Jacksonville, Florida.

In Jacksonville Beach, Florida other beach towns and cities, police vehicles patrol the beach. A tragic incident recently took place on Jacksonville Beach. A police vehicle driven by Office Lewis Keller wa heading South on the beach when the officer stopped near 14th Avenue South and then made a U-Turn. There were witnesses to the incident who were disturbed and in disbelief over the incident. A full investigation will be completed. From early reports, it appears that the officer just did not observe Anne Marie Griffin, age 41, on the beach. There are many issues to consider when investigating this incident including but not limited to the following:

Was Ms. Griffin in a public area where beach goers / sun bathers were known to sun bathe?

What color clothing was Ms. Griffin wearing?

Were there other items with Ms. Griffin that would have given the officer better notice of her presence on the beach? Beach towels? Coolers? Umbrella? Bags? Other items?

Why is it that Officer Keller did not see Ms. Griffin on the beach?

Was a U-Turn permitted in this area? Was it common to make a U-Turn of this nature?

Of course, there are a host of other issues and questions to consider. Whatever the result of the investigation, it is most unfortunate that Ms. Griffin suffered the injuries she did while spending a leisurely day on the beach.

Florida law allows a person to bring a civil case against a government entity like Jacksonville Beach pursuant to Florida Statutes. The statutory cap for such a case is $100,000 unless the city has a higher amount of liability insurance. Furthermore, a special claims bill can be presented to the legislature to seek compensation over and above the $100,000.

You can read more about this story at Jacksonville Beach Police Officer Runs Over Beachgoer.

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

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

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

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