Florida Child Injury Lawyer Blog

On Friday, July 23, dozens of mourners of Orange City Beach, Florida attended the private memorial service of 4-year-old Aiden Patrick of Deltona, Florida. Aiden was killed in a beach-driving crash on New Smyrna Beach located in Volusia County, Florida. Aiden's parent made an emotional plea to Volusia County officials to make the beaches safer, Volusia County Council promised to make changes but did not ban beach driving. This is not the only beach-driving accident of the summer, Ellie Brand of Nottingham, England was run over by a vehicle in Daytona Beach.

If you would like to read more on this story see 4-year-old boy killed in beach-driving crash in New Smyrna Beach, Florida.

Also, if you would like to read more about driving crashes on Florida Beaches see Dangers to Children on Florida Beaches - Truck Runs Over 4 Year Old Child.

Continue reading "Private Memorial Service for Aiden Patrick, Pedestrian Accident Victim - New Smyrna Beach, Florida " »

In Florida, there are many counties / beaches that allow vehicles to drive on or near the beach. It is a great convenience for beach visitors . . . it also poses a significant danger and risk to children and other visitors to the beach. Tragically, a 4 year old boy (Aiden Patrick) was run over by a truck in New Smyrna, Florida. The incident was reported / investigated by the Florida Highway Patrol (FHP). It was reported that the incident occurred as Aiden was running toward the water. The truck driver did not see the child as the front right tire hit / ran over the unsuspecting little boy. A fun day at the beach transformed itself into a tragedy that will affect the family of the boy, driver, and the community. You can read more about this story at Tragic Death of 4 Year Old Boy in New Smyrna, Florida.

Pedestrian deaths, including those in Florida beaches, make news headlines. Many of which are avoidable with better safety measures in place. Serious consideration should be given to removing vehicles off of Florida beaches. Walking that extra distance to the beach from your car can actually save a life.

Continue reading "Dangers to Children on Florida Beaches - Truck Runs Over 4 Year Old Child" »

The National Highway Traffic Safety Administration recognizes that there are dangers to children when bicycling or simply taking a walk in a neighborhood. Driveways can be especially dangerous to toddlers (1 to 2 years old) due to driveway accidents or back over accidents. The NTSA posted some basic but important safety tips that parents, teachers, day care providers, child care providers, babysitters, and others supervising children should review and print out to review with children. Tip # 7: Play It Safe: Walking and Biking Safely has some nice illustrations as well. Following these safety tips and providing consistent adult supervision of children can help prevent a great number of serious personal injuries and death to children.

According to The Children's Hospital Trauma Center, there are some main causes for traumatic related accidents or personal injuries to children. These include the following: automobile accidents, non-accidental traumatic accidents, bicucle accidents, and pedestrian accidents. Many accidents (while unexpected) can be prevented with better supervision by adults and more attentiveness by drivers and others.

The Children's Hospital, in addition to collecting statistics for the incidents of injuries, provided helpful tips for avoiding such accidents and incidents. The tips included the following: wear a helmet when skateboarding and bicycling, have a first aid kit available, talk to your kids about safety, talk to your children about the dangers of drugs and alcohol, and other helpful tips. See Preventing Unintended Injury Before It Happens.

In Jacksonville, Florida and other cities, the lives of remarkable young people are often times cut short through a tragedy like an automobile accident. Some times, the simple act of being a good person or Good Samaritan can lead to tragic consequences. In Baldwin, Florida a 19 year old, Stephenie Lynn Acton, was the tragic victim of a recent incident that took place on U.S. 301. She was hit as she was helping another person with a flat tire. The death of Stephenie is a tragic loss for her family, neighbors, friend, and community. Because of these kind of automobile accident tragedies, teenagers like Stephenie never get the chance to reach their full potential. You can read more about this story at Good Samaritan Stephenie Lynn Acton Hit by Vehcile on U.S. 301 in Baldwin, Florida.

In Gainesville, Florida, police will be enforcing traffic laws pertaining to pedestrians and drivers pursuant to a campaign / mission to reduce the number of pedestrian accidents and incidents resulting in serious personal injuries. Police will now be more likely issuing citations and fines for failing to yield to pedestrians. Previously, police issued many warnings for such driving or jaywalking acts. Now, the enforcement will be beefed up in order to get the word out that failing to yield to pedestrians along with jaywalking are dangerous acts that can lead to serious personal injuries. Gainesville, Florida is home to the University of Florida. Streets and roads all over town are loaded with pedestrians. As such, Gainesville, Florida has its fair share of pedestrian / automobile accidents and related personal injuries. Hopefully, drivers and pedestrians will take notice of the enforcement program and change bad habits into safer ones. You can read more about this story at Gainesville Police to Ticket Jaywalkers and Driver's Who Don't Yield to Pedestrians.

In Gainesville, Florida - home to the University of Florida, the Alachua County Sheriff's Office, Gainesville Police Department, the UF Police Department are working to remind drivers to yield to pedestrians. With the presence of the University as well as a number of schools in the area, pedestrians are every where in Gainesville. Drivers should be on the lookout for pedestrians which include college students as well as much younger children. In an effort to encourage and remind drivers to yield to pedestrians, signs are posted in Gainesville publicizing the percentage of Gainesville driver yielding to pedestrians. Awareness and action are key components to this campaign. Many pedestrian personal injuries and deaths in Gainesville and other Florida cities can be avoided with better driving and by having drivers yield to pedestrians. See Gainesville Florida Signs Showing More Drivers Yielding to Pedestrians.

A recent article posted at the Florida Times Union Website focused on the dangers and statistics involving personal injuries to bicyclists and pedestrians in Jacksonville, Florida and other cities in Florida. The Florida Department of Highway Safety and Motor Vehicles maintains statistics on personal injuries suffered by pedestrians and bicycle riders. In 2008, in Jacksonville, Florida alone, there were 566 pedestrians and bicyclists who were hit by vehicles in 2008. Of this number, 20 died from the accident related personal injuries. In 2009, these figures rose to 604 pedestrians and bicyclists who were hit by a vehicle with 29 dying from accident related injuries. The Jacksonville Sheriff's Office also maintains statistics as to injuries and fatalities. According to JSO, there have been 124 bicycle riders and pedestrians who have been killed in Duval County since 2006.

Many of these automobile / bicycle / pedestrian accidents and injuries could have been prevented with better safety awareness and driving on the part of drivers. Driver distraction is a huge problem in Jacksonville, Florida and other areas. Mobile phones, text messages, e mails, and web surfing all play a part in the rampant problem of driver distraction.

Serious injuries and deaths to children from driveway accidents are tragedies in every respect. . There are hidden dangers in driveways. Some think that sidewalks are the best place for children, pedestrians, and bicycle riders. In actuality, drivers frequently ignore or do not carefully look for children and others on sidewalks and driveways. When there is a death or serious personal injuries suffered by a child in a driveway or back over accident, it is certainly difficult for the family, extended family, and community to deal with such a tragedy. Unfortunately, driveway or back over accidents continue to be reported across the nation.

Warm sunny spring weather meant that Daytona Beach Florida was packed with beachgoers last Saturday. Ellie Bland, a four year old girl visiting Florida from England, was enjoying the weather with her family as she walked along the beach in front of Sun Splash Park, holding her uncle’s hand. But the day turned tragic when she was struck by a Lincoln Towncar driven by Barbara Worley, who was visiting Florida from Georgia.

According to witnesses, Worley initially struck Ellie, knocking her down. When onlookers alerted her that she had hit the child, she panicked and stepped on the accelerator instead of the brakes, causing the vehicle to drive over the girl. A Volusia County spokesman said that she was killed instantly.

The Florida Highway Patrol has been very busy interviewing at least seventeen eye-witnesses and is carefully considering whether to bring charges against Worley. Cars are allowed on the beach and Worley was reportedly driving below the posted 10 miles per hour speed limit. A spokeswoman for the Florida Highway Patrol said that even though cars are allowed on the beach, accidents are very rare. She could not remember the last time a pedestrian was hit by a car on Daytona Beach.

Read more details of about the little English girl killed after being struck by a car on a Florida beach at Tributes to Nottingham girl killed on Daytona Beach.

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.