July 3, 2009

Rain and Weather Conditions Cause Older Driver to Hit Younger Pedestrians Causing Serious Injuries

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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.

June 4, 2009

Jacksonville Florida Family Praying for Toddler ( Makayah Wilson) Hit by a Car

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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.

May 1, 2009

Vehicles on the Beach (Even Police Vehicles) Can Be Very Dangerous to Beach Goers - Annie Marie Griffin in Critical Condition

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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.

April 12, 2009

Children Are at Risk for Head Trauma / Brain Injury - Studies and Tips for Parents

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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.

April 1, 2009

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

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The National Highway Traffic Safety Administration (NHTSA) reports that approximately 80 % of all accidents involve some sort of driver inattention. A great many of these accidents involve drivers who are fatigued and sleepy. The National Sleep Foundation, a non profit Washington based advocacy organization, estimates that over 50 % of adult drivers have driven while drowsy. As such, there have been millions of drivers out there who get behind the wheel drowsy and tired. This, of course, presents a risks to the drivers, passengers, other drivers, pedestrians, and bicylists.

It is difficult to determine the number of accidents that are caused on a daily, weekly, or annual basis due to sleep deprivation or drowsiness in Jacksonville, Florida since the Jacksonville Sheriff's Office does not maintain this kind of information or database. Nevertheless, sleep deprivation and drowsiness do cause inattention, which in turn, cause accidents and resulting personal injuries.

You can read more about sleep deprivation, drowsiness and driving at Drowsy Drivers - How Many Are Asleep at the Wheel?

March 26, 2009

14 Year Old (Christopher Cededa) Hit By a Car Crossing U.S. 27 - Teen Was Distracted by Mobile Phone (Text Messaging)

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Christopher Cepeda, a 14 year old from Davenport, Florida, was the unfortunate victim of a car accident recently. The accident took place at approximately 8:00 p.m. just South of the intersection of U.S. 17 and Legacy Park Boulevard. Christopher was with three friends at the time. News report indicate that the three friends saw the 1998 Buick Sedan driven by Denise Sottilaro but Christopher did not because Christopher was looking down at his mobile phone at the time. Christopher suffered serious personal injuries and was taken to Arnold Palmer Hospital in Orlando, Florida where he died from his injuries.

This accident shows the importance of safety when using mobile phones. It is clear that the use of mobile phones by pedestrians, bicyclists, and drivers is distracting. It should also be noted that Florida is a comparative fault state. In other words, a jury or judge could determine that more than one party was at fault for the accident. Florida is not an all or nothing State as it pertains to negligence matters. You can read more about the accident involving Christopher Cepeda at Polk Teenager Hit By Car While Texting in Street.

February 26, 2009

Semi Tractor Trailer Decapitates Pedestrian in Orlando, Florida

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In Orlando, Florida, a brutal accident took place involving a pedestrian, Nissan Altima, and a semi tractor trailer. A pedestrian was walking across the street when the driver a a Nissan struck the pedestrian. Thereafter, the driver of the Nissan pulled over to check on the pedestrian when a driver of semi tractor decapitated the pedestrian and kept on driving. It was certainly a brutal and unsightly incident. The Florida Highway Patrol shut down the area at West Colonial Driver and Hiawassee Road for three hours to investigate. Investigators will attempt to identify the pedestrian victim with fingerprints. If anybody has any information regarding this accident, the FHP should be contacted. Hopefully, the semi tractor trailer driver can be identified and interviewed in order to find out more about this tragic accident.

You can read more about this story at Semi Tractor Trailer Decapitates Pedestrian and Flees the Scene in Orlando, Florida.

February 24, 2009

Jacksonville Florida - School Crossing Guards Nominations in Honor of School Crossing Appreciation Day

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In Jacksonville, Florida and other cities through Florida and the national, there is a dedicated group of people who do their best to keep our children safe during the school year. Jacksonville, Florida school crossing guards serve a very important function. They are posted at busy intersections and add a safety measure that has undoubtedly saved from serious injuries and death every year. The Florida Times Union Newspaper wrote a nice story about school crossing guards, who through their actions and dedications should be honored and thanked by our community: Sylvia Wilson, Charlie DeSalvo, Faye Goldsby, Faye Goldsby, Connie Horton, and Bernice Washington - Thank you for your service and everything you do to promote the safety of our children. You can read about these dedicated Jacksonville, Florida school crossing guards at School Crossing Guards Take Top Honors.

February 21, 2009

Florida Bicycle Laws - Rules of the Road and Sidewalk

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In Florida, there are specific laws in place as to the safe operation of bicycles. Many of these laws mention the role of motorists and pedestrians as well. The Florida Bicycle Association has as good web site that contains a summary of the relevant Florida Statutes as well as many safety tips for bicyclists, pedestrians, and drivers. In Florida, children are frequently injured while riding a bicycle when a driver fails to notice the bicyclist, drives too fast for road conditions, and fails to yield the right of way to bicyclist. While children should and do know basic bicycle safety, it is up to drivers to take extra steps when children on on or near roadways on their bicycles. I recommend that you educate yourself on the bicycle laws for the State of Florida. Whether you are a bicyclist or not, it is important to know these rules of the road and sidewalk. If you or your child has been injured while riding a bicycle, it is often helpful to have a Florida personal injury lawyer to assist you in reviewing the police report, the details of the accident, medical bills, insurance policies, and medical records.

February 14, 2009

Father Arrested in Bradenton, Florida for Allowing 8 Year Old to Drive

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Police in Bradenton, Florida arrested a man who let his 8 year old son drive a van. Mark A. Belanger handed the keys to his van to his 8 year old son after Belanger had taken some Xanax. The boy hit two trees and almost hit two pedestrians while driving in a parking lot. Belanger thought it was a good idea to allow his son to drive as a bonding moment between father and son. This so called "bonding moment" could have caused serious personal injuries to innocent children and adults in the parking lot. Belanger was arrested on charges of child abuse and permitting an unlicensed driver to drive his van.

You can read more about this story at Florida Dad Arrested for Allowing 8 Year Old to Drive.

February 9, 2009

School Crossing Guards Are Important for Child Safety (Congratulations Donna Hoffman - Crossing Guard of the Year)

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Every school day, school crossing guards like Donna Hoffman are out in force in Jacksonville, Florida and other cities across the State of Florida. Crossing Guards work limited hours and are paid by the hour at a modest rate. Even with the limited benefits of the job, many concerned and dedicated residents take on these jobs that perform such an important function in our community. The safety of our children is vital. Crossing guards make a presence every day in their brightly colored uniforms and activities at busy intersections at and near school zones. Donna Hoffman is a dedicated school crossing guard in Jacksonville, Florida. She knows that the job is important and takes her responsibilities very seriously. Donna states that "there's dos and don'ts" when performing duties as a school crossing guard. Donna has been named School Crossing Guard of the Year for her dedication to the job and safety of children. You can read more about Donna Hoffman and details about being a school crossing guard at Crossing Guard of the Year - Donna Hoffman.

February 2, 2009

Westside Jacksonville Florida Pedestrian Hit and Killed

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A pedestrian was hit by a vehicle on Hershel Street in Jacksonville, Florida. The Jacksonville Sheriff's Office are investigating the incident but do not believe, at this time, that the driver was at fault. Drivers have a duty to yield to bicyclist and pedestrians but there are instances when an negligent bicyclist or pedestrian makes an accident unavoidable. While it is important as to how the police investigate an incident, the findings are not binding on the injured party or driver in a civil matter or a lawsuit. As such, it is often times helpful to have representation from a Jacksonville Florida personal injury lawyer to make sure that your rights are protected and enforced. You can read more about the story about the pedestrian who died after getting hit by a vehicle at Jacksonville Florida Pedestrian Hit and Killed on Westside of Town.


January 12, 2009

Four Year Old Christopher Robles Died After Being Struck by Van in Front of Hartsfield Elementary School in Leon County (Tallahassee) Florida

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Four-year-old Christopher Robles died Friday after he was struck by a van in the street in front of Hartsfield Elementary School in Leon County (Tallahassee) Florida. Christopher got out of his mother's Jeep Cherokee and then ran into the street according to news reports. Christopher was hit as he was crossing the street by a teacher (Cynthia Roy) who was driving a Chevorlet Van. Christopher did not use the crosswalk. According to Tallahassee Police Department Officer David McCranie - the child appeared to have darted out in front of traffic. Officer McCranie noted that speed or alcohol did not appear to have any part in this accident. You can read about this tragic incident at 4 Year Old Hit by a Van at Hartsfield Elementary School in Leon County - Tallahassee, Florida.

It is a sad and tragic event for both the Robles Family and the Roy Family. It is interesting to note that teachers face challenges everyday in the classroom. In addition, teachers have to drive into a school zone every day as part of work. School zones are loaded with children like Christopher Robles and it can be a challenge each day for a teacher to pull his or her vehicle safely into a parking lot while making sure to watch out for children, teachers, and parents.

In Florida, a 4 year old child cannot be held negligent for his or her own actions. A parent can be held negligent for negligent supervision. Other drivers can also be held negligent as well. Florida has a concept called comparative negligence. In other words, a jury could ultimately determine that more than one person was at fault or negligent for an incident taking place. It should also be noted that under Florida law an investigating police officer does no get to be judge and jury for the cause of an accident in a civil case. Unless the police officer actually witnessed the incident, the police officer can be precluded with proper motion and argument from giving an opinion as to who the police officer believed was at fault or the cause of an accident.

Further investigation of the death of Christopher Robles will be completed by the Tallahassee Police Department and the Florida Highway Patrol.

November 29, 2008

2 Year Old - Sergio Martinez - Run Over While Riding Tricycle in Driveway in West Palm Beach, Florida

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A 2 year old boy (Sergio Martinez) was run over while riding his tricycle in a driveway in Palm Beach, Florida. The Ford Explorer driver, Rangel Rauda, stated that she did not see Sergio as she was backing up her vehicle because there was a parked vehicle blocking her vision. You can read more about this story at Toddler Dies as a Result of Back Up Drive Way Incident at the Florida Times Union Web Site.

Back up drive way personal injuries and deaths to children in Florida and other States are a major problem and have been for years. Senator Bill Nelson (Democrat - Florida) even sponsored legislation to require new automobiles to have backing up safety systems in place to protect children who may be walking, crawling, or biking behind motor vehicles. The purpose of the legislation is to attempt to limit tragedies like the Sergio Martinez incident from taking place. You can read more about this legislation and the national problem of back up driveway deaths and injuries to children at the Official Web Site for Senator Bill Nelson.

November 5, 2008

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

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

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

October 29, 2008

Halloween Safety Tips from the Florida Highway Patrol

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The Florida Highway Patrol has a special Halloween Page that gives safety tips to parents and children for Halloween. While Halloween is a special day and night, it also comes with it dangers of children on the road, children roaming house to house, and traffic. Go to the Florida Highway Patrol Web Site to check out the special Halloween Page. It is a cool page to show your children and a nice way to review great safety tips for Halloween.

Every year, children are injured while trick or treating. Halloween Night bring with it the dangers of crowded neighborhoods, parked cars blocking portions of the roadway, improper lighting, dark costumes, and children who do not have the best of judgment with the excitement of Halloween.

October 27, 2008

Riding in the Back of a Pick Up Truck Can Lead to Injuries and Death in Jacksonville, Florida

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Dana Treen, a reporter with the Jacksonville Times Union Newspaper Web Site, reported on a number of automobile accidents andtrucking accidents on the Web Site. One involved Jason Tripp, age 28, who fell from the back of a pick up truck on West Beaver Street in Jacksonville, Florida. A homicide investigation and report will be completed by the Jacksonville Sheriff's Office. The driver of the truck did not realize that Mr. Tripp had fallen out of the truck until he reached his destination 1 mile later.

While riding in a pick up may be an American or Southern Tradition, it is also a bad and dangerous activity that can and does lead to tragedy. This is especially true for children. The beds of pick up trucks are meant for equipment, trash, and other objects that are properly secured. The beds of pick up trucks are not good for the transportation of adults or children. See Accident Reports and Injuries Reported by Dana Treen at the Jacksonville Times Union Web Site.

October 23, 2008

Gainesville, Florida Elementary School Promotes Pedestrian Safety

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Students from Duval Elementary School in Gainesville, Florida were educated about the importance of pedestrian safety at an annual event called Walk This Way. The purpose of the event was to teach the children about pedestrian safety and dangers on the roadways. Safe Kids of North Central Florida, part of a nationwide non-profit organization, reported that pedestrian injuries account for the second leading cause of intentionalinjury to children ages five to fourteen. Almost 600 children died as a result of pedestrian injuries in 2003. Injuries and deaths can be avoided by properly educating our children about pedestrian safety. Of course, adult and teenage drivers also need to be educated about pedestrian areas and crosswalks. Anytime there are children around - slow down. Children are unpredictable and do not always have the best judgment or experience with speed, distance, or the dangers of traffic. Duval Elementary Students - Important Lessons in Pedestrian Safety.

October 6, 2008

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

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

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

October 3, 2008

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

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

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

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

September 25, 2008

Text Messaging Can Kill Your Child - Dangers of Text Messaging While Crossing Streets

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In Davenport, Florida, Christopher Cededa, a 14 year old died, after being hit by a vehicle while text messaging on his cell phone. His friends saw the 1994 Buick and stopped. Christopher was busy sending a text to somebody and did not notice the vehicle. The Polk County Sheriff's Office stated that the woman driver probably would not be charged with any violation or traffic citation.

Technology is great but it can cause distractions for pedestrians, bicycle riders and drivers. Just like drinking and driving does not mix. Texting and walking close to roads or across roads does not mix. Christopher's death is tragic for his family and the community. His story may very well prevent other deaths and tragedies from happening in the future. Boy Dies After Collision While Text Messaging.

September 24, 2008

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

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

September 19, 2008

Baby of Pregnant Traffic Police Officer Dies - Wrongful Death

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The Sanz Family of New York suffered two tragedies recently: the wrongful death of a mother and the death of an infant child. Unfortunately, tragedies like this are far too common in busy cities. Donnette Sanz, a traffic police officer, was on her lunch break when she was crossing the street. An older driver did not see her, hit her and threw her into the path of a school bus. Mrs. Sanz was pinned under the school bus and rescue workers were called to the area. Mrs. Sanz survived the delivery of a 7 month old child but died 1 hour after child birth. survived the delivery but died about an hour later in an emergency operating room. She was seven months pregnant. The infant spent some time in the intensive care unit but ultimately died. Investigation revealed that the negligent driver had his license suspended over 20 times. Drivers and people like this should stay off the road. If any case cries out for justice, it is this one. The Sanz Family received a good deal of press and sympathy from the public; however, the loss of a mother and a newborn is a tragedy that will remain with the family forever.

There are criminal and civil ramifications from such a case. Due to the driver's history, I have concerns if he even had insurance or was insurable. Mrs. Sanz was on her lunch break. As such, worker's compensation may not apply. Hopefully, the Sanz Family had uninsured motorist coverage in place which may provide for benefits / insurance coverage. As for the criminal case, it appears that the driver will be prosecuted. This driver needs to be kept off the road and serve time for the tragic deaths caused by his negligent and reckless driving. You can read more about this incident at Baby of Pregnant Woman Hit by Runaway Van Dies.

September 9, 2008

North Florida Child (Nylah Sakira Dickerson) Accidentally Run Over by Family Member (Yulee Florida)

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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.

September 1, 2008

Dangers of Distracted Teens - Leading Cause of Death in Florida

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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.

August 26, 2008

School Speed Zones - Watch Out for Children in Florida

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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.

August 25, 2008

Automobile Accident Related Injuries - Negligence versus Act of God - Tropical Storm Fay

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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.

August 21, 2008

Danger of Being Hit On the Side of a Road In Jacksonville, Florida (Death of Pedestrian - Terrance Fowler)

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In Jacksonville, Florida and other areas of Florida, it can be quite dangerous to be in or near a car that is pulled off on the side of the road. On August 19, 2008, Terrance Fowler, age 36, was standing beside his car with the driver's door open when he was hit by a car driven by Maria Fonsica, age 41, of St. Augustine, Florida. This incident was reported by Matt Coleman, a writer with the Florida Times Union newspaper / web site. This death shows the importance of driving slow and moving to another lane when a vehicle is parked or disabled on the side of the road. The accident took place near Lem Turner Road and Interstate 295. The incident is under investigation by the Florida Highway Patrol. If you or someone you know has been the victim of an automobile accident, it is important to get the advise, counsel and representation of an experienced Florida personal injury lawyer to advise you of your respective rights. The death of Terrance Fowler is certainly a tragedy that the family will have to deal with especially since Mr. Fowler died at such a young age.

August 19, 2008

Medical Treatment in Florida for Accident Related Injuries After the Emergency Room

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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.

August 11, 2008

Safety Ideas and Tips for Smart Florida Children: Bus Stops, Crosswalks, and Seat Belts

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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.

August 8, 2008

Trends in Accidental Deaths and Wrongful Deaths Among Children

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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.

August 5, 2008

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

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.

July 11, 2008

Pedestrian Rights and Responsibilities in Florida - The Florida Statute

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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.

June 30, 2008

Jacksonville Florida Parking Lot Incident Injures 3 Year Old Dakira Lykes- Driver Stephen Marzetti Leaves the Scene

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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.

June 25, 2008

Sidewalks Can Be Dangerous in Busy Cities: Watch Out for Cars Plowing into Pedestrians

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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.

June 23, 2008

Child Injuries from Automobile Accidents - Who is responsible? What insurance applies?

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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.

June 13, 2008

Spinal Cord Injury in Florida Children - Causes of Injury

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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.

June 12, 2008

Traumatic Brain Injury - The Injured Child in Florida - What is a traumatic brain injury?

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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.

June 3, 2008

Tragedy Strikes Family in St. Augustine Florida - 9 Month Old Run Over and Killed in Driveway by Van

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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.

June 2, 2008

Uninsured Motorist Automobile Insurance Coverage in Florida

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.

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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.

May 28, 2008

Who is considered a child under Florida's Wrongful Death Act?

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.

May 21, 2008

Florida Accident Report Privilege

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.

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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.

May 16, 2008

Florida Deaths Resulting from Drunk Driving

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.

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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.

May 12, 2008

Jacksonville Florida - 3rd in Nation in Fatal Teen Crashes According to Allstate Insurance Study

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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.

May 8, 2008

Florida Children Are Safer in the Back Seat - Safety Tips

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:

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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.

May 5, 2008

Florida Pediatric / Child Head Trauma Can Lead to Death

Trauma is the number one cause of death in children older than 1 year in the United States.

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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.

April 10, 2008

Jacksonville Florida Restricts Driving at Huguenot Memorial Park After Child Was Hit On the Beach

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.

March 16, 2008

New Laws / Bills Propose to Reduce Protect Kids from Back Over Incidents and Power Window Injuries

New federal laws now require the Department of Transportation to issue regulations related to power window safety, rear visibility, and vehicle rollaway prevention.

The Cameron Gulbransen Kids Transportation Safety Act of 2007 is named after a child who was run over by a vehicle exiting a drive way.

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New vehicles by 2010 would be required to have:

• Brake Interlock Systems. This system would require the brake to be pressed before the vehicle can be taken out of park.

• Power Window Automatic Reverse. This system would prevent or attempt to prevent a child from getting his or her head or other body party caught in a closing window.

• Back-Over Warnings. This system would prevent or attempt to prevent something or someone from being hit by a backing vehicle because of a blind zone.

You can read more about this law and Florida incidents where a child was tragically killed due to the lack of the above safety measures and due to inattention at New Law to Help Protect Kids from Back-Over Incidents.

There are many incidents involving Florida children being killed or seriously injured from back over incidents, roll away vehicles, and power windows. While a vehicle can be better equipped, it is important for the driver to use caution on the roads and driveways especially when there are children around.

February 19, 2008

Impaired / Drunk Driving in Florida: Danger to Children and Others

A Florida study of impaired and drunk driving revealed that a drunk driver was on the road of florida every 110 miles driven. In Florida, .08 blood alcohol concentration is presumed to cause driver impairment. Impaired drivers were involved in an estimated over 128,000 crashes that killed 930 and injured 43000. This figures do not include the countless Florida children, parents, family, friends, neighbors, and co workers affected the the carelessness and impairment of drunk drivers. You can read more interesting statistics and commentary of drunk driving atImpaired Driving in Florida.

The safety of our children and others simply does not make sense. If you are drinking, get a ride, get a cab, stay put . . . just do not get behind the wheel. The convenience and supposed fun of going and staying out on a particular night will never compare to the risks and tragedies resulted from drunk driving.

In Florida, it is a both a criminal violation and (in my opinion) a moral violation to operate a motor vehicle / automobile while impaired or under the influence of alcohol or drugs.

January 9, 2008

Fatal Pedestrian Accident: Child Killed at Jacksonville, Florida Intersection (St. Augustine Road)

Busy Florida intersections can be dangerous to children crossing the road. In far too many accidents,injury and death to children could have been avoided with safer driving and precautions. There are several major roadways in Jacksonville which 4 or more lanes. One such roadway - St. Augustine Road - has 5 lanes in some areas. Unfortunately, St. Augustine Road was the site of a death recently here in Jacksonville. A group of children crossed the road with one child out in front. All the children but one made it safely across the road. Drivers should yield to children pedestrians and children should have adult supervision when crossing busy roadways. With all deaths on roadways, the Jacksonville Sheriff's Office and / or Florida Highway Patrol will conduct a thorough investigation of the accident. There are also accident reconstruction experts who can be private retained by the family and / or attorney to conduct an independent investigation of the incident as well. I have worked with many accident reconstruction experts over the years on cases like these. If you have any questions regarding an automobile accident including those involving pedestrians, call David Wolf - Attorney - Wood, Atter & Associates - (904) 355-8888.