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!

Gabriel Delrisco has been accused of killing three children from Homestead, Florida in a drunk driving incident that took place last year. The children, Hector, Esmeralda and Amber Serrano were killed when Delrisco allegedly ran into the back of their minivan with a blood alcohol level three times the legal limit.

The Serrano family’s attorney has filed a civil lawsuit against the El Paso bar for damages and compensation, charging that employees of the bar should have known that Delrisco was a habitual drinker and refused to serve him. Details of this case and disputes regarding some of the facts were reported in the Sun Sentinel newspaper.

There are factual disputes that may be litigated in the civil case including the following:

How much alcohol did Gabriel Delrisco consume prior to the automobile accident?

Where did Delrisco consume the alcohol?

What individuals / businesses sold or provided alcohol to Delrisco?

Did the individuals / businesses who sold or provided alcohol to Delrisco know that he was a habitual drunk or intoxicated at the time that the alcohol was sold or provided?

Whatever results from the civil suit, the case is tragic in that children died as a result of a drunk driving crash.

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.

On Saturday, nine year old Joseph Vanhouse spent the day with friends at the Gasparilla kid’s parade and then joined six other kids for a sleepover at a friend’s home. Sometime in the early hours of Sunday morning, an SUV driven by a teenager crashed through the side of the home where the children were sleeping. The SUV struck a car parked in the driveway before hitting the house, launching the other car into the side of the home as well.

Joseph Vanhouse was sleeping on the couch in the living room when it was struck by one of the vehicles, and the child was sent flying about fifteen feet onto a tile floor. He was taken to St. Joseph’s Hospital and is being treated for a fractured skull. According to the homeowner, Ray Dunnings, the SUV crashed all the way through the home, taking out a back wall. Dunnings reported that a young girl had been sleeping in a chair that was directly in the path of the SUV, but had moved sometime before the accident occurred.

The driver of the car was a seventeen year old boy, who according to police was speeding and ran a stop sign. Police also report that there were two other teenage passengers in the car who attempted to flee the scene. Police also have reason to suspect that the teenagers were under the influence of a controlled substance. Police are waiting for toxicology reports to come back before filing any criminal charges against the driver. Read more details of the accident that injured a nine year old Florida boy at 9-year-old's skull fractured after SUV slams into home.

If you live in Florida and your child has been injured in an accident, please contact our Jacksonville, Florida area law firm for child injury legal counsel.

Deputies from the Volusia County, Florida Sheriff’s Office were conducting a felony traffic stop when the possibly armed suspect began behaving irrationally. Jorge Garcia allegedly began yelling profanities at the deputies and then got in the back seat of his car and refused to get out. When deputies threatened to use a taser gun on him, the man allegedly got out of the car, grabbed a one year old baby from the backseat and held it in front of him, shouting “tase the baby” at the officers.

The deputies were able to remove the baby from Garcia’s arms without any harm to the child. A woman, Tangeca Garcia, who was a passenger in the car reportedly then got out and attempted to block officers from using their taser guns on Garcia. The deputies were eventually able to tase Garcia so that they could place him under arrest.

Garcia has been charged with child abuse and resisting arrest. Ms. Garcia has also been arrested and charged with resisting arrest. Of course, Mr. Garcia and Ms. Garcia will be entitled to defend themselves through representation from a Florida criminal defense attorney or a public defender. There may be legal defenses to the situation that should be explored by the defense attorney.

Unfortunately, children are put in danger every day by parents and caregivers who engage in reckless and careless activities. Parents and caregivers should to their best to think through the consequences of their actions. Of course, many parents and caregivers have mental health issues that complicate the situation. In these instances, family members, extended family members and when necessary the Court and Florida Department of Children and Families should step in when necessary to protect the interests and welfare o the children.

Read more about the arrest of Jorge Garcia at Cops: 'Tase the baby,' man dared them.

Wood, Atter & Wolf is a full service law firm based in Jacksonville Florida and Ponte Vedra Beach, Florida. Attorneys at the firm handle criminal, family law, business, probate, guardianship, and child personal injury matters. The above reported incident will involve issues involving criminal and family law.

The Florida Highway Patrol takes drunk driving in Jacksonville, Florida and other Florida towns and cities very seriously, saying that it is one of the most deadly crimes. Their motto is "Over the Limit, Under Arrest.” If you get pulled over on suspicion of drunk driving, a breathalyzer and / or field sobriety tests will help officers determine if you are over the legal limit. Drivers found to be drunk face jail time, losing their driver’s licenses, higher insurance rates, and many other expenses.

The Florida Highway Patrol has released some tips so that drivers can determine their own limit before getting behind the wheel. For example, they would like to remind people that one drink is the equivalent of .54 ounces of pure alcohol; that is the amount found in one ounce of 100 proof liquor, twelve ounces of beer, or four to five ounces of wine. Also, it does not take many drinks for the average person to reach the legal limit of .080 blood alcohol content. A 120 pound woman would very likely be well over the limit after consuming three drinks in one hour. A 180 pound man would be over the limit after four drinks in the same time period.

Driving under the influence of drugs or alcohol (DUI) is no joke. It can be harmful or even fatal both for the driver himself and for innocent victims on the road with him. Drivers are urged to contact the Florida Highway Patrol by cell phone at *FHP (*347) to report any dangerous driving behavior. Callers may be anonymous.

Read more about the Florida Highway Patrol’s efforts to cut down on drunk driving at FHP continues holiday enforcement.

If your child has been injured by a driver who was under the influence of drugs or alcohol, please contact our Jacksonville, Florida firm for child injury legal counsel.

According to the Florida Highway Patrol, a Vero Beach, Florida woman, Blanca Idalia Juarez, had two children with her in her car when she lost control of the vehicle and crashed into a canal. She refused to perform a sobriety test at the scene, but is reported to have told officers that she had consumed four alcoholic beverages before getting behind the wheel.

The two children were taken to a nearby Florida hospital for treatment. Their mother was arrested and charged with one count of driving under the influence, two counts of child neglect and two counts of battery on a law enforcement officer.

Ms. Juarez will be entitled to representation on this criminal matter by a Public Defender or a private criminal defense lawyer. In most cases, the interview of a suspected drunk driving suspect is recorded on video tape. Regardless of this evidence, Ms. Juarez can defend herself on these charges and her statements at the scene. The failure to submit to a field sobriety test and / or breath test can be used in the criminal case as evidence along with the fact that there was an accident.

Children are subject to the will of their parents, and as such parents have the responsibility to carefully watch out for their children’s well-being. Consuming four alcoholic drinks and then getting behind the wheel with your young children is not a recipe for a good parenting award. It is fortunate that no one was seriously injured in this accident. You can read more details of Ms. Juarez’ arrest and the charges against her at Woman charged with DUI, child neglect after crash.

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.

According to Florida Statutes, ATVs can only be operated during the daytime on unpaved roadways where the posted speed limit is less than 35 miles per hour by a licensed driver, or by a minor under the supervision of a licensed driver. Walton County, Florida takes it one step further, prohibiting any use of ATVs except on private property.

But the Walton County Sherriff’s Office has been inundated with calls from concerned residents lately, who report that four or five young people have been spotted driving at high speeds down Walton County Highway 1084 and in the county dirt pit behind the community center. Driving an ATV on public property in Walton County is not permitted, and is considered a second degree misdemeanor. The fine for violating the ordinance is $250.

Young people are especially likely to be injured by their own carelessness while driving an ATV; Florida statutes concerning ATVs have been passed for the protection of drivers and bystanders alike. These injuries from ATV accidents include fractures, abrasions, lacerations, head trauma, and in some instances death. Some ATV accidents can be avoided by following Florida statutes, driving at safe speeds, choosing roadways carefully, and paying attention to weather conditions.

Read more about unlawful ATV drivers in Walton County, Florida at ATV complaints pour into sheriff's office.

A recent Opinion/Editorial piece in the Bradenton Herald served to remind Florida drivers that they need to take more care when getting behind the wheel. The article cited several examples of recent news reports covering drivers who seem to be totally ignorant of the law. Of course, everyone should know that it is against the law that it to run red lights or stop signs, but too many drivers completely ignore, or do not bother to learn, some of the other laws that govern driving in our state.

For example, if a school bus is stopped with red light flashing, all cars in both directions must come to a complete stop so that the children exiting or boarding the bus can do so safely. It does not matter how many lanes the road has, as one young woman who received a $271 ticket believed. It also does not matter if you are on the other side of the road, unless there is a raised median or some other barrier separating the lanes. The Manatee County, Florida Sheriff’s Office recently conducted an enforcement operation near local schools, watching for motorists who ignored this law. Deputies handed out 59 citations for failing to stop. Almost all of the ticketed drivers claimed they did not know they had to stop if they were travelling in the opposite direction of the bus.

Too many children are injured or killed in traffic accidents near schools. Drivers need to be aware of and follow the applicable Florida laws and drive using extra caution and patience when driving near a school or school bus. Drivers who want to be safe, avoid fines and possibly save someone’s life should read the Official Florida Driver’s Handbook and take it to heart. To find out more about frequently overlooked Florida traffic rules, visit Drivers must learn, obey Florida traffic laws.

In Florida, drivers have a responsibility to obey traffic signals and devices. Furthermore, drivers have a responsibility to operate their vehicles in a safe and reasonable manner. Tiger Woods is the world's greatest golfer and a very public figure; however, to the State of Florida Department of Highway Safety and Motor Vehicles as well as to Orlando law enforcement, Tiger Woods is just another driver out on Florida roads. When Tiger Woods drives in a careless manner, he should be treated just like everyone else. As such, Tiger Woods, was recently issued a citation for Careless Driving for the incident that took place in his neighborhood recently. It was reported that Tiger Woods crashed into a fire hydrant and a neighbor's tree in a single vehicle accident in the early morning hours.

Only a few events surrounding Tiger's crash are certain: that it was a single vehicle accident, and that he caused property damage to a fire hydrant and to a neighbor's tree.

Careless Driving is spelled out in Florida Statute Section 316.1925 as follows:

Fla. Stat. 316.1925 Careless driving.--

(1) Any person operating a vehicle upon the streets or highways within the state shall drive the same in a careful and prudent manner, having regard for the width, grade, curves, corners, traffic, and all other attendant circumstances, so as not to endanger the life, limb, or property of any person. Failure to drive in such manner shall constitute careless driving and a violation of this section.

(2) Any person who violates this section shall be cited for a moving violation, punishable as provided in chapter 318.

Read more about this story at Tiger Woods Careless Driving Citation.

There are thousands of incidents of Careless Driving that have been reported by or cited by local police departments throughout the State of Florida. Unfortunately, in many of these incidents, children have been seriously injured and have even died in these automobile accidents. Drive safe on the roads and in residential neighborhoods.

Text messaging is an engaging and somewhat addicting activity. People of all ages are texting day and night even when they are driving. It is well known that texting while driving can and does cause driver distraction. As a result thereof, there have been many automobile accidents reported in Florida and other States caused by text messaging related distracted driving crashes. In Bartow, Florida, Polk County Deputy Sheriffs arrested a man (Stephen Wade Horne) for reckless driving involving serious injuries that were caused to Emmanuel "Manny" Mejia (age 20). Mr. Horne failed to stop for a Florida Refuse garbage truck and, in turn, hit Mr. Mejia. Mr. Mejia was rushed to Lakeland Regional Medical Center for emergency treatment related to these most serious personal injuries.

You can read more about this story at Text Messaging and Driver Distraction - Arrest Made in Bartow Florida - Reckless Driving.

Angela Stone’s daughter, Shelby Taylor Hagman, was killed in a drunk driving accident in Hernando County, Florida in 2007. She was riding in a minivan with her grandparents, Larry and Deborah Wynn of Brooksville, Florida, when Christopher Marcone ran a stop sign and crashed into their car. Marcone pleaded guilty to DUI manslaughter and three related charges and is currently serving 13-years in prison.

Angela Stone then filed a civil lawsuit against Marcone for the death of her daughter. She has said that she does not have any hope of collecting a settlement from Marcone, but she is not doing it for the money; the lawsuit is an effort to send a message to would-be drunk and reckless drivers.
A jury of six women awarded Stone the one of the largest verdicts in Hernando County history, and possibly in the state of Florida - $55 Million in compensatory damages and $275 Million in punitive damages. Stone is also suing Kia Motors Corp. and a local auto dealer who sold her grandparents the minivan they were driving on the night of the accident. She claims that a defective seat belt in the Kia minivan also contributed to Shelby’s death.

In Florida, there is no cap on punitive damages in cases involving intoxicated defendants. As this case shows, drunk drivers who kill or harm others face not only legal but financial repercussions. While punitive damages, especially won from an incarcerated person of little means, are rarely paid to plaintiffs, they do make for great headlines. And those headlines can send a strong message to drivers everywhere.

Find out more about this story at Hernando jury awards mother $330 million in drunken-driving death of teen.

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.

Glen Maxey of Fort Myers, Florida was arrested for drunk driving by deputies when Maxey’s ex-wife reported that she had witnessed him put one of their children on his lap while driving his swamp buggy earlier in the day. She said that he was driving erratically and one of the children fell out, badly bruising his back and causing him to vomit. Maxey admitted to having a hard day and drinking a few beers before driving the children around in the swamp buggy.

Accidents caused by drunk driving are so easily preventable. It is very frustrating to DUI related automobile accidents and related injuries making news headlines day after day. Alcohol impairs not only a person’s motor skills, but also his judgment – which leads many people to believe they are “OK to drive” even when they are putting the lives of their own children, not to mention other drivers, on the line.

To date, Maxey has only been charged with drunk driving, but child endangerment or child abuse charges may be forthcoming. You can read more about this Fort Myers, Florida child injury case at Child injured in alleged DUI, swamp buggy incident.

In Jacksonville (Bartram Park Boulevard), Florida, a tragic pick up truck accident took place on July 27, 2009. The driver (Joel David Stauder), age 19, was recently arrested and released on bail. Investigators / law enforcement officers determined that the deaths resulted, in part, from the fact that the occupants were unsecured in the bed of the pick up truck.

It is common to have people including children travel in the back of pick up trucks in Florida and other States. While it is quite common, it is also very dangerous. This is evident when there is a pick up truck crash with associated injuries and deaths. Passengers are at serious risk for personal injuries including head injuries and fractures when there is an accident.

You can read more about the arrest of Joel David Strauder at Driver Arrested for Pick Up Truck Crash.

In Holly Hill, Florida, street racing caused the untimely and tragic death of three passengers. It was reported NBC WESH 2 News that the illegal street race took place in Holly Hill, Florida. Two cars crashed while participating in a race. While it cannot be said that movies like the Fast and Furious are responsible for such tragedies, movies like these do glorify street racing. Teens, young adults, and even older adults as well do not recognize the dangers of street racing. Plain and simple, street racing is a bad idea. It is illegal. More importantly, many people suffer serious personal injuries and wrongful death as a result of street racing. Those who want a thrill from racing should go to the amusement park and ride Go Karts or play a video game. You can read about this story at Police Report Three Deaths from Street Race in Holly Hill, Florida.

August is Back to School Time for most children in North Florida including Duval County, St. Johns County, Clay County, and Nassau County Schools. When children return to school, everyone is affected and everyone should watch out for children. School buses are out in force. Most school buses are big yellow school buses. When driving near a school bus, slow down and stop when required by Florida law. Many children walk or ride their bicycles to school. Slow down for these children. As you may know, children often time lack good judgment when riding their bicycles and crossing streets. Slow down in school zones. Speeding in a school zone will get you a traffic citation and a higher fine. More importantly, speeding in a school zone puts children, teachers, and others in danger. Slow down.

Traffic will inevitably be affected and slowed down during morning and afternoon hours. Be patient while on the roads. Having our children in schools and be properly educated are priorities for our community. If the traffic takes a few minutes out of your day, take a breath and realize that a few minutes here and there will not drastically change your life; however, speeding in school zones or where children are crossing streets or riding bicycles can change a life and the lives of others as well.