Florida Child Injury Lawyer Blog

During summer, teens and other children typically enjoy vacation and the freedom of being out of school. Statistics show that this time period (Memorial Day to Labor Day) involves the 100 most deadly days on the roadway for teens. It appears that summer months are the peak months for teen automobile accident deaths and personal injuries. Some experts believe that teen driving is getting worse over time rather than better. This is due, in part, to additional driver distractions in the form of mobile telephone conversations, text messaging, e mailing, and surfing on iphones, Blackberry devices, and other smart or advanced phones. Parents should warn and instruct their children about the dangers of driver distraction, drinking and driving and other driving habits that can and do result in automobile accidents. You can read more about the dangers of teen driving over summer months at Summer Time - Deadliest Time for Teens on the Road.

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

Posted In: Automobile Accidents , Child Safety , Traffic Citations , Traffic Citations , Wrongful Death

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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?

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

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Teens these days can be quite advanced in what they know and what they do. However, many teens, while loaded with knowledge, often lack good judgment. This especially applies to drinking and driving. It is well know that alcohol impairs judgment and motor skills. When you combine impaired judgment with poor judgment to begin with, you have a most dangerous combination. Because of this, there are alarming statistics out there on teen drinking and driving. Prevention and education are key to making the streets safer for our children. Teens often drive under the influence because they believe that they are invincible. They also drive and do not ask for help for fear of punishment or retribution by parents. While parents should not encourage or accept a teen who drinks alcohol, parents at time need to let their children know that safety is paramount to everything else. If your teen or a friend of your teen needs a ride or assistance, make sure that your child knows that you will be there day or night for a ride. It is far preferable to pick up your child from a party or a friend's house late at night than an emergency room or morgue / medical examiner's office later. You can read more about the problems of teen drinking and driving at Teenage Drunk Driving Risks.

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

Posted In: Alcohol & Drug Issues , Automobile Accidents , Automobile Insurance , Drunk Driving (DUI) , Traffic Citations

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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.

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

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

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Gabriel Delrisco caused an accident that killed three children. Delrisco was arrested for DUI after he was released from a hospital. His blood alcohol level was .239 which is approximately three times the legal limit. Mr. Delrisco's driving record was terrible. It has been reported that he had 26 previous driving citations and one prior DUI in 2001. A judge held Mr. Delrisco without bond until trial when the judge determined that Mr. Delrisco was a danger to the community. Mr. Delrisco rearended a vehicle occupied by the Serrano family that was stopped a red light. A candlelight ceremony was recently held in Homestead, Florida for the Serrano family. The family deserves the support of the community. It is certainly a tragedy that the Serrano family is mourning the death of three children who died as a result of the careless, reckless acts of a drunk driver. You can read more about this story at Miami, Florida Man Charged with DUI for the Deaths of Three Children.

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

Posted In: Alcohol & Drug Issues , Automobile Accidents , Automobile Insurance , Child Safety , Traffic Citations , Traffic Citations , Wrongful Death

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A school bus driver from Pinellas County, Florida rear ended a vehicle properly stopped for an emergency rescue vehicle. Bus driver, Linden Brown, was issued a traffic citation for the crash. Two students from Bay Pointe Elementary School were taken to a local hospital for medical treatment following the school bus / automobile accident.

This accident shows the importance of pulling over for emergency rescue vehicles. All drivers including school bus drivers have a duty to obey these rules of the road. Children depend on school bus drivers for their safety every day. You can read more about this story at Pinellas County School Bus Driver Cited for Careless Driving.

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

Posted In: Automobile Accidents , Automobile Insurance , Child Safety , Education , School Safety , Traffic Citations , Traffic Citations

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In Jacksonville, Florida and other Florida cities, there are rear end crashes / collisions every day. In these automobile accidents, the police officer will typically issue the traffic citation to the driver who rear ended the other driver. Pursuant to Section 316.0895, Florida Statutes - Following Too Closely, Florida law mandates that the driver of a motor vehicle shall not follow too closely to another motor vehicle than is reasonable and prudent. If there is a crash, the police officer and judge for that matter will presume that the driver who rear ended the other driver is at fault unless there is some compelling reasons to make a different conclusion. It is important for a driver to maintain a safe distance so that the driver can bring his or her vehicle to a stop in case traffic ahead stops or slows for traffic or other road conditions.

Inattentive and careless drivers cause rear end accidents that result in serious personal injuries and related medical bills and lost wages for victims of these accidents. Driving slower at a safe distance could have avoided many of these accidents. When a person is faced with serious personal injuries and related bills, it is helpful to have the advice, counsel, and representation of a Florida personal injury lawyer to help you with these legal matters.

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Posted In: Automobile Accidents , Automobile Insurance , Statutory References (Florida) , Traffic Citations , Trucking Accidents

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Seven students from the Pine Ridge Education Center in Broward County, Florida suffered personal injuries when another driver rearended their school bus. According to reports, the school bus was stopped at a red light. How could the other driver have not seen the school bus? Many rear end accidents in Florida result from driver inattention, distraction, and excessive speed for the road and traffic conditions.

Pursuant to Section 316.0895, Florida Statutes - Following Too Closely, a driver shall not follow behind another motor vehicle more closely than what is reasonable and prudent. What is reasonable and prudent under this statute? It all depends on the speed of the vehicles, traffic, road conditions, and other circumstances. Florida law presumes that a driver that rear ends another vehicle is negligent unless there is a viable excuse or explanation for the accident.

You can read more about the school bus accident in Broward County, Florida at Seven South Florida Students Injured in School Bus Accident.

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

Posted In: Automobile Accidents , Child Safety , Education , School Safety , Statutory References (Florida) , Traffic Citations , Traffic Citations

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A tragic automobile accident took place in Miami, Florida. The Florida Highway Patrol reported that a father was driving a mini van that was rear ended by a SUV. The father, Hector S. Serrano, was stopped at a red light when he and his children were rear ended by a SUV driven by Gabriel Delrisco. The children, Hector Serrano (age 10), Esemeralda Serrano (age 7) and Amber Serrano (age 4) were pronounced dead at the scene.

Officials with Florida Highway Patrol and Metro Dade Police will further investigate this case to determine if alcohol or drugs played a part in the accident. It is most unfortunate that innocent children had to die as a result of what appears to be careless driving in this rear end accident. You can read more about this story that was reported in the Miami Herald and the Associated Press at Three Children Dead in Rear End Crash in Miami, Florida.

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

Posted In: Automobile Accidents , Child Safety , Traffic Citations , Traffic Citations , Wrongful Death

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Lamesha Nicole Ware was reported to lead police on a car chase for 5 minutes in Treasure Island Florida. She was arrested for driving 20 miles over the speed limit and for child abuse, fleeing and eluding and driving with a revoked license. She was place in the Pinellas County Jail with a $20,000 bond. It appears that Ms. Ware fled the police because she was had a revoked driver's license. Driving recklessly through the streets of any Florida city puts children in the vehicle at risk as well as children in other vehicles and children pedestrians. There have been many incidents where a police chase has led to serious personal injuries and even death. Drivers should pull over when required to by police. You can read more about the police chase and crimes of Lamesha Nicole Ware at Police Chase in Treasure Island Florida Leads to Arrest.

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

Posted In: Abuse & Neglect , Automobile Accidents , Child Safety , Crimes Against Children , Traffic Citations , Traffic Citations

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School buses are heavy and secure vehicles except when they get into a crash with a dump truck. In Lehigh Acres (Lee County), Florida a dump truck driver ran a red light and crashed into a school bus with 19 children on the school bus. Several students and the drivers were taken to the hospital for treatment.

This story shows the importance of all drivers especially those driving big commercial vehicles like dump trucks to follow traffic signals and signs. Running a red light can lead to serious personal injuries and death for that matter. Had the children been in a compact car, the injuries would have been far worse.

You can read more about this story at Dump Truck / School Bus Accident in Lee County, Florida.

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

Posted In: Automobile Accidents , Education , School Safety , Traffic Citations , Traffic Citations , Trucking Accidents

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A Miami, Florida taxi driver who fatally hit girl at the Miami International Airport will not be charged with a traffic citation or a criminal violation according to news reports. A 6 year old fell off a luggage cart and into a commercial lane of traffic at the airport and then was hit by a taxi cab driver.

I have personally been to and in the Miami International Airport many times over the years. It is a very busy airport that has several lanes of travel and parking. Speed limits are reduced when traveling in areas with many pedestrians. I also believe that there are numerous video cameras posted in and around the airport that may have captured this unfortunate tragedy on video.

In Florida, the pursuit of a civil case or insurance claim is not dependent on the issuance of a traffic citation. In other words, Florida law does not put all of the power and judgment for fault for an accident in the hands or mind of the police officer or State Attorney for that matter. Each accident must be evaluated on its own facts or circumstances. It is often helpful to have the incident reviewed by a private investigator, accident reconstruction expert, and / or a private attorney especially when serious injuries or death result from the accident.

In this busy travel season, please slow down when driving through airports or any busy area. The health, safety and welfare of our children and other passengers are far more important than saving a few seconds or minutes on your trip. Slow down for children and be safe this holiday season and at all other times of the year.

This story was reported by the Miami Herald and Associated Press at Taxi Cab Driver Who Fatally Hit Girl at Airport Will Not Be Charged for the Accident.

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

Posted In: Automobile Accidents , Child Safety , Traffic Citations , Traffic Citations

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An automobile accident resulting in serious and life threatening personal injuries recently took place in Martin County, Florida according to a report in the Treasure Coast Palm Beach Newspaper / Website at Hit and Run Driver Claims that He Fell Asleep at the Wheel in Martin County, Florida.

The accident involved serious injuries to the Jacques family which included the Jacques children: Carlos Jacques, Moise Jacques, Ricky Jacques, Luke Jacques, and Syntyche Jacques who were taken emergently to St. Mary's Medical Center in West Palm Beach, Florida.

The at fault driver, Jaime Jaramillo, fled the scene. He later reported that he fell asleep while driving. Mr. Jaramillo was arrested for leaving the scene of an accident with injuries. He was tracked down by a helicopter patrol and a K-9 unit.

The accident happened at 4:30 a.m. This story shows the importance of safe driving no matter the time of day, night or morning. Mr. Jaramillo should have stayed off the road if he was tired or pulled over to get some rest. His negligence will have a lifetime effect on the Jacques family and others injured in this automobile accident.

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

Posted In: Automobile Accidents , Automobile Insurance , Child Safety , Traffic Citations

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Teen fathers do not always turn into the best parents when they are older in Florida in other States. This point is illustrated by the arrest of Joshua James Fagan (Age - 27) who was arrested in Cape Coral, Florida. Mr. Fagan had been drinking and allowed his 9 year old son to drive Fagan's truck to a liquor store. This incident could have lead to tragedy and an accident with serious personal injuries or even the possible death of an incident victim. Fagan was found by police who reported that Fagan speech was slurred and there was a strong odor of alcohol on is breath. Fagan was charged with allowing an unlicensed minor to drive and for child cruelty that could result in mental or physical injury to the child. Obviously, there are a number of things wrong with this incident. First, parents should not drink to intoxication when there children area around. It is a bad example. Furthermore, a parent cannot adequately supervise and guide a child when the parent intoxicated. A parent would not leave his or her child with an intoxicated teacher, day care provider or coach. So, why would a parent chose to be intoxicated around his or her child? Mr. Fagan also put his son in danger. Giving the car keys and permission to drive to a 9 year old is just a bad idea. In Indiana Jones and the Temple of Doom, Short Round (Indiana's young side kick) drove a car under gun fire through the streets of Shanghai. Folks, this was just a movie. People should not try this at home, near their home, on vacation, or to take a trip to the local liquor store. Mr. Fagan hopefully will learn a lesson from this incident as should other fathers, mothers, and caregivers of children in Florida. You can read more about the Drunk Driving incident involving Mr. Fagan and his son at Drunk Dad Gets Ride to Liquor Store with 9 Year Son.

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

Posted In: Alcohol & Drug Issues , Child Safety , Crimes Against Children , Traffic Citations , Traffic Citations

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A Maplewood Elementary School teacher (Marion County) drowned after the teacher and her family were driven off the road by an unidentified driver. The second grade teacher - Carrie Hammer - of Ocklawaha, Florida was trying to get equipment from the vehicle that was in the pond for her son who has cerebral palsy. Her son was having some breathing problems due to being in the water. The equipment was needed to help suction her son. It is apparent from this tragic story that Carrie was a dedicated mother who put family first above all else in her life.

Another vehicle drove into the right of way of her husband, Sean Hammer, who was driving a truck. Mr. Hammer steered the truck off the road and into a pond to avoid a collision.

Carrie Hammer was later pronounced dead at the Munroe Regional Medical Center in Marion County, Florida. The Florida Highway Patrol is seeking assistance to help find the other driver who was in a white pick up truck or SUV. The other driver appears to be the cause of the accident. In addition, the other driver did not stop to render any help to this family who certainly was in need of assistance. Anyone with knowledge of this incident can contact the Florida Highway Patrol at 352-732-1260, ext. 236.

Marion County lost a very caring Special Education teacher. More importantly, the Hammer family lost a mother and wife to a tragedy that was caused by the negligence of another driver. Nothing can be done at this time to bring Carrie Hammer back but it would be nice to see justice done by locating the driver responsible for this tragedy. You can read more about this incident at Marion County Teacher in Crash / Drowning Remembered.

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

Posted In: Automobile Accidents , Automobile Insurance , Traffic Citations , Traffic Citations , Trucking Accidents , Wrongful Death

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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.

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

Posted In: Automobile Accidents , Pedestrian Injuries , Traffic Citations , Trucking Accidents , Wrongful Death

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In Orlando, Florida, two men died when a car driven by Alester Martinez ran a stop sign and crashed into a Lynx (Orlando, Florida) Bus. Mr. Martinez was injured in the accident but survived. His two passengers, who were not wearing seat belts, died as a result of the crash. Two of the bus passengers were also injured.

Stop Signs serve a basic but very important function of directing traffic and giving one street the right of way. It is the duty of every driver to stop at a stop sign, look carefully for traffic, and only proceed when traffic is clear and safe to do so. Careful driving and obeying traffic signs and signals can help avoid many automobile accidents and trucking accidents which result in thousands of injuries and deaths every year on Florida roads. Mr. Martinez ignored these basic rules of the road by running the stop sign. The Orange County Sheriff's Office, Florida Highway Patrol, and / or other police agencies will conduct a homicide investigation to determine the cause of the crash. See Crash with Orlando, Florida Bus Results in Two Deaths.

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

Posted In: Automobile Accidents , Automobile Insurance , Traffic Citations , Wrongful Death

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Jacksonville, Florida is the biggest city (land mass) in the country. Like other large metropolitan areas, Jacksonville has some busy streets. Blanding Boulevard is a major street that runs through two counties (Duval and Clay). A bicyclist was critically injured when he was hit by a car at approximately 10:00 p.m. in the evening. Police reported that it did not appear that driver's negligence played a role in the accident. Sergeant Knox of the Jacksonville Sheriff's Office completed the investigation of the accident. Sergeant Knox's assessment of the accident may be completely accurate and complex. However, many people do not know that the investigating officer can make a decision as to citations but has no power to make a decision as to civil liability or insurance coverage. In most cases, the police accurately assess an accident. As such, insurance companies are apt to follow the analysis and assessment of the police officer. In civil cases, neither the traffic citation nor the officer's assessment of fault is admissible in most cases. If there is any question or confusion about a traffic citation, negligence, automobile accident related injuries, bicycle accident, or liability insurance coverage and payment, it is helpful to have a Florida Personal Injury Lawyer / Attorney review the facts of the case and provide advice as to these issues. See Bicyclist in Jacksonville Florida Critically Injured After Accident on the Westside.

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

Posted In: Automobile Accidents , Automobile Insurance , Bicycle Injuries , Traffic Citations , Traffic Citations

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Ford is promoting an option on 2010 models that will allow parents to control vehicles using a computer chip in the key. Parents will be allowed to better control speed (down to 80 miles per hour), seat belt usage, and music volume when teens or other drivers are using the vehicle. Hopefully, technology like this will help prevent or reduce automobile accidents and trucking accidents in Jacksonville, Florida and other cities throughout the United States. Taking from experience as a parent and a Florida personal injury lawyer / attorney, I would expect that many parents will take advantage of this technology. Teens will not like the control and will ask the parents to "trust me" and "don't worry". GPS technology is already in place at this time. I predict that future models will be available to the general public that will allow parents to monitor teen driving like employees do. There will be a tradeoff between the teen's privacy concerns and the parents need to know and their concern for the safety of the teen. Like most parents, when my child starts driving, I want to know if the child is driving 100 miles per hour or going to places where the child does not belong is or is not permitted to go to. Unfortunately, it is a scary world out there and parents should be concerned for the safety of their teen children who get behind of the wheel of a vehicle. You can read more about the technology and options being placed into Ford vehicles and probably other automobile manufacturers in the future at Parents may soon hold the key to slowing teen drivers

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

Posted In: Automobile Accidents , Automobile Insurance , Child Safety , Traffic Citations , Trucking Accidents

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Blanch Whiddon and James Whiddon were the unfortunate victims of a trucking accident that took place on New Kings Road near Moncrief Road in Jacksonville, Florida. Witnesses reported that the semi tractor trailer failed to obey the traffic signal and violated the Whiddon's right of way. Wife dies after wreck that killed husband in Jacksonville, Florida.

Trucking accidents can be avoided with slower speeds, better attention, and compliance with the rules of the road and traffic signals.

One major problems with roadways in Jacksonville, Florida and the rest of the United States is the disparity in size between vehicles on the road way. Just today, I saw a gentleman driving the new Smart car that is put out by Mercedes Benz. While I have heard that the Smart car received good safety ratings, the Smart car is no match for a Hummer, SUV, dump truck, commercial vehicle, or semi tractor trailer.

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

Posted In: Automobile Accidents , Automobile Insurance , Traffic Citations , Trucking Accidents , Wrongful Death

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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.

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Posted In: Automobile Accidents , Automobile Insurance , Bicycle Injuries , Child Safety , Medical Care & Health Issues , Motorcycle Accidents , Pedestrian Injuries , Traffic Citations , Trucking Accidents

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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.

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

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

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A tragic happened took place in Ocala (Marion County) Florida on U.S. Highway 301 near 155th Street. The trailer appeared to be a CSX vehicle while early reports did not indicate where the yellow school bus was from. There were 23 people on the school bus. Florida Highway Patrol reported that both vehicles caught on file. There are several legal issues involved in an accident of this nature including the following:

Was the driver of the school bus negligent?

Was the driver of the semi tractor trailer negligent?

Was there negligence on the part of both the school bus driver and the truck driver?

Was the accident caused by faulty maintenance of a vehicle? Faulty equipment?

Why did each vehicle catch on fire?

Was the bus equipped with seat belts? Were the seat belts operational?

Was the school bus operated by a government entity or a private entity?

What was the driving record of each driver?

What insurance is available for the victims of the crash?

All of these questions and more will be addressed by a trained attorney handling a case of this nature. A Florida Child Injury Lawyer faces issues like the ones above as well as issues related to injuries, medical treatment, medical bills, and compensation for pain, suffering, and related injuries every day. Further investigation by the Florida Highway Patrol, private attorneys, investigators, and accident reconstruction experts should provide additional information on this accident and the related legal issues.

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

Posted In: Automobile Accidents , Automobile Insurance , Child Safety , Education , School Safety , Traffic Citations , Traffic Citations , Trucking Accidents , Wrongful Death

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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.

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

Posted In: Automobile Accidents , Automobile Insurance , Bicycle Injuries , Child Safety , Motorcycle Accidents , Pedestrian Injuries , Traffic Citations , Trucking Accidents , Wrongful Death

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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.

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

Posted In: Alcohol & Drug Issues , Automobile Accidents , Automobile Insurance , Bicycle Injuries , Motorcycle Accidents , Pedestrian Injuries , Traffic Citations , Traffic Citations , Trucking Accidents , Wrongful Death

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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.

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

Posted In: Automobile Accidents , Automobile Insurance , Bicycle Injuries , Motorcycle Accidents , Pedestrian Injuries , Statutory References (Florida) , Traffic Citations , Trucking Accidents

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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.

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

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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.

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

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

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The University of Florida is a great school. I received both my undergraduate degree (Finance) and my law degree at the University of Florida in Gainesville, Florida. Go Gators! In addition to academic excellence and a great football, basketball, and baseball team, Gainesville and the University of Florida is also well known for partying and drinking. While a good party can be fun, it can also bring about well known and unfortunate consequences in the form of underage drinking, alcohol poisoning and other injuries, DUI (Driving Under the Influence), automobile accident personal injuries, and wrongful death. The drinking age in Florida is 21. It is clear and simple. The reason for the age limit is to protect children under 21 from the dangers of alcohol. The poor judgment of a child is only amplified by the use and overuse of alcohol. A City of Gainesville Florida official wants new regulations for the issuance of business permits for establishments that serve alcohol and admit patrons between the ages of 18 to 21. You can read more about this development at Gainesville Florida Official Wants Crackdown of Underage Drinking.

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Posted In: Alcohol & Drug Issues , Automobile Accidents , Child Safety , Traffic Citations , Traffic Citations , Wrongful Death

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I-95 (Interstate 95) is a major highway throughout Florida and the Eastern United States. I-95 runs North and South. Unfortunately, a St. Augustine woman, Rachel Higgins, failed to obey the basic directions on I 95. She drove the wrong way on I-95 and caused the fatal accident with a South Carolina Family (Debra Baughman, Scott Baughman, Lindsey Baugman, and Aaron Baughman) who were heading to Orange Park, Florida after a trip to Disney World in Orlando Florida. Debra Baughman died and her family members suffered personal injuries as a result of this deadly automobile accident. Who would expect to be hit head on while traveling on I-95? What prompted Rachel Higgns to head the wrong direction on I-95? A complete homicide investigation should be completed by Florida Highway Patrol and / or the St. Johns County Sheriff's Office. An autopsy of Rachel Higgins may also be helpful to determine if drugs / alcohol played any part in this crash. Hopefully, the homicide investigation will provide the Baughman family with answers to this tragedy. You can read more about this incident at Family Speaks Out About Loved Ones Hurt in One Way Crash.

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Posted In: Automobile Accidents , Automobile Insurance , Traffic Citations , Wrongful Death

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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.

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

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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.

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

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

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

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James Vincent Lehosit, of Jacksonville, Florida died recently in an automobile accident in Clearwater Florida. Another driver (Casey Felix Schwartz) reportedly failed to stop at a signal light and struck the vehicle occupied by Mr. Lehosit. The impact and trauma from the crash caused the death of Mr. Lehosit. Clearwater police are investigating the accident. Charges are pending further investigation which may include driving under the impairment and manslaughter.

While the Clearwater Police will be conducting its own investigation, it may be beneficial to have a private accident reconstruction expert or a Jacksonville personal injury attorney to piece together the accident. The vehicles should be placed in a secure compound or towing area pending this investigation.

Traffic signals should be obeyed for the safety of everybody. Saving a few minutes just to push through a light is not worth it. It is certainly not worth injury or loss of life. Unfortunately, many automobile accidents, trucking accidents, bicycle accidents, and pedestrian injuries result by the failure of a person to obey rules of the road and traffic devices.

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Posted In: Alcohol & Drug Issues , Automobile Accidents , Traffic Citations , Traffic Citations , Wrongful Death

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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.

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

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Motorcyclist Bruce W. Gibbs was killed in a car crash in Jacksonville Florida. According to Florida Times Union Reporter - Dana Green - Betty Wilharn did not stop at a red light on Ortega Hills Drive. As a result thereof, Ms. Wilharn's car drove into the path of a pickup truck which was pushed into the path of Mr. Gibbs' motorcycle. Mr. Gibbs died on the scene. Mr. Gibbs was not wearing a helmet but this fact would not bar Mr. Gibbs' family in a civil suit for his wrongful death. While Florida has a motorcycle helmet law, there are exceptions to this law that in some cases would exclude any evidence of the failure to wear a helmet.

Many motorcyclist are very careful when riding their motorcycles. Unfortunately, negligent drivers run red lights and otherwise cause injuries and deaths to motorcyclist on Jacksonville Florida roads. A Jacksonville Florida personal injury attorney as well as a Jacksonville Florida probate administration attorney can assist in matters of this nature. At Wood, Atter & Wood, we have 6 attorneys to assist families in time of need. You can read more about the above mentioned accident at Law & Disorder: Pickup truck strikes, Kills Motorcyclist.

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Posted In: Automobile Accidents , Automobile Insurance , Motorcycle Accidents , Traffic Citations , Wrongful Death

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

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

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

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Graduating high school is an accomplishment and part of the life cycle in Jacksonville Florida. Children and parents alike celebrate and look forward to the joys of summer. Unfortunately for some children and families in Jacksonville Florida, the celebration can turn into personal injuries, wrongful death, and / or prison.

Alcohol should not be served to or consumed by a person under the age of 21 in Florida. The reason for the law is to keep alcohol away from children who drive cars and otherwise wreak some havoc in the spirit of having fun, being obnoxious, or just being stupid. When you mix alcohol and immaturity, you can a bad result.

Providing alcohol to minors is a second degree misdemeanor punishable by a $500 fine and up to 60 days in jail. Getting arrested should not be the only deterrent for parents and other adults. The safety of children and others should also be considered. Drunk driving deaths and injuries are prevalent in Jacksonville Florida and other communities. Many of these incidents result from underage drinking.

Throw a party. Celebrate graduation. Keep alcohol away from children. It may be easier to throw an alcohol free party. Yes, keep alcohol away from the adults as well. Sometimes, safety is more important than getting a buzz.

Matt Coleman, a Florida Times Union writer, wrote a good article about graduation parties and the problems created by underage drinking. You can read the article at Careful What You Serve to Graduates.

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Posted In: Alcohol & Drug Issues , Automobile Accidents , Child Safety , Drunk Driving (DUI) , Traffic Citations , Traffic Citations , Wrongful Death

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Florida has developed various laws that apply to both the civil and criminal aspects of an automobile accident. In order to encourage all drivers and passengers to an accident to communicate with a police officer, Florida put in place the doctrine of the Accident Report Privilege. Under this doctrine, the statements made to a police officer are generally inadmissible for use in a civil or criminal trial.

There is one major exception to this general rule. If a police officer suspects that a driver was driving under the influence (DUI) or committed another crime related to the accident, the police officer may then proceed forward with a criminal investigation. Statements made during a criminal investigation may be held against a Defendant if the police officer complied with the Miranda Warnings by reading the suspect his or her rights. You can read more about the statutes pertaining to accident reports at the Florida Statutes Web site at Duty to Give Information and Render Aid - Florida Statute Section 316.062.

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Posted In: Automobile Accidents , Automobile Insurance , Bicycle Injuries , Child Safety , Motorcycle Accidents , Pedestrian Injuries , Statutory References (Florida) , Traffic Citations

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Florida deaths resulting from drunk driving have fluctuated over the years. In 1983, the percentage of alcohol related deaths peaked while the lowest number of deaths was reported in 1997.

Almost 30 % of the deaths in 2006 involved drivers with a Blood Alcohol Content of .08 or higher. You can read more about these statistics atFlorida Death Statistics Involving Drunk Drivers.

In Florida, the percentage of alcohol related fatalities peaked in 1983, while the actual number of alcohol related deaths peaked in 1986 and the lowest number of drunk driving deaths occurred in 1997. In 2006, out of all traffic fatalities, 29% involved a blood alcohol concentration (BAC) of 0.08 or higher, with 959 fatalities, which was a big drop from the year before.

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Posted In: Alcohol & Drug Issues , Automobile Accidents , Automobile Insurance , Bicycle Injuries , Drunk Driving (DUI) , Motorcycle Accidents , Pedestrian Injuries , Traffic Citations , Traffic Citations , Trucking Accidents

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Jacksonville Florida ranks 3rd in the Nation for deadly teen crashes according to a study of the 50 largest metropolitan areas according to an Allstate Insurance Study. Only Tampa / St. Petersburg / Clearwater Florida and Orlando / Kissimmee Florida ranked higher. Car crashes / car accidents are the leading cause of death. Florida is a great place to live and a great place to visit. It is also a dangerous place as well. If you or someone you know is involved in a Florida car accident / auto accident, it is helpful to have the advice of a Jacksonville Florida personal injury attorney.

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Posted In: Automobile Accidents , Automobile Insurance , Bicycle Injuries , Child Safety , Motorcycle Accidents , Pedestrian Injuries , Traffic Citations , Traffic Citations , Trucking Accidents , Wrongful Death

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Florida children are clearly safer as passenger in the back seat of vehicles. I represent Florida adults and children who are injured in automobile accidents, trucking accidents, pedestrian accidents, and bicycle accidents. I also use my knowledge and experience both to help the injured and to help others avoid similar fates The National Highway and Transportation Safety Administration notes the following:

Air bags are hazardous to infants and children 12 and under;

Infants should ride in a car seat facing to the rear until they are one year of age and weigh at least 20 pounds;

All children are safer in the rear seat of any vehicle; and

It is important to anchor the child's safety seat but this may be difficult in some vehicles.

Access to educational materials with an easy reading level and multiple languages is essential to give parents in our diverse population the information they need.

You read more safety tips and a safety manual at the NHTSA website.

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Posted In: Automobile Accidents , Automobile Insurance , Bicycle Injuries , Child Safety , Motorcycle Accidents , Pedestrian Injuries , Traffic Citations , Trucking Accidents , Wrongful Death

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A Nassau County crash landed two people in the hospital at Shands Jacksonville Hospital.

The injuries were so serious that both George H. Wright of Jacksonville and Nalini Kusek of Callahan were life flighted to Shands Jacksonville Hospital in Jacksonville Florida. Wright was driving a 1999 Dodge Pick Up truck that cross over the center line while traveling on Lem Turner Road. The Florida Highway Patrol responded to the scene and reported that alcohol may have played a role in the accident.

Accidents like these raise issues involving both criminal law (a possible DUI - Driving Under the Influence) and personal injury law. People often lose sight that vehicles are dangerous instruments (even as defined by Florida law).

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Posted In: Alcohol & Drug Issues , Automobile Accidents , Traffic Citations , Trucking Accidents

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Three separate accidents in Duval County, Putnam County, and St. Johns County Florida lead to multiple deaths and serious injuries.

It was a deadly morning on the roads of Northeast Florida as five people died in three separate traffic accidents between midnight and 3:35 a.m. Friday.

In addition to the deaths, six people were hospitalized with serious injuries as a result of one of the accidents, said Lt. Bill Leeper, spokesman for the Florida Highway Patrol.

In Putnam County, 20 year old Anthony McCaskill of Palatka Florida lost control of a 2004 Cadillac. The three occupants of the vehicle (Anthony McCaskill, Debry Coring, and Lamieh Thomas) all lost their lives. None of the occupants were wearing a seat belt. The parents of all the children will be entitled to some insurance and death benefits depending on the available insurance policies and coverages.

More teens died in an automobile accident in Duval County on Interstate 295.

A Saturn driven by 31-year-old Angela Harper of Middleburg went out of control while traveling at a high rate of speed. Jesse Harper, 13, of Middleburg was ejected and died at the scene. Five occupants were taken to Shands with serious injuries. These included Angela Harper, Steven Foster, Michelle Hansen, Kallie Hansen, and Gerald Gribbs. One passenger, Kayla Thompson, 16, of Orange Park, was taken to Baptist Medical Center South. Alcohol is believed to be a factor in this accident.

Another death took place in St. Johns County Florida. A Jacksonville woman was driving south at a high rate of speed on Florida 13 near Switzerland which is located in the Northwest part of St. Johns County. The vehicle went off the road and then hit two trees.

A common thread in these three accidents were high rate of speed and loss of control. Many of the occupants were not wearing a seat belt. While wearing a seat belt is important and the law for front seat occupants, the failure to wear a seat belt is only factor in evaluating a case or claim of this nature.

For more information about these crashes, you can go to the Jacksonville Florida Times Union article at Deadly Crash on First Coast Florida Roads - 5 Dead.

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Posted In: Alcohol & Drug Issues , Automobile Accidents , Automobile Insurance , Traffic Citations , Traffic Citations , Wrongful Death

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Last week, a Jacksonville, Florida 3 year old child was in critical condition following a car accident on I-95.

Channel 4 and the Florida Highway Patrol reported that the child was not properly restrained and was ejected as a result of the accident. The front and back end of the mother's car were demolished as a result of the accident. The mother rearended a van. In Florida, the driver of the rear ending vehicle is presumed to be at fault unless there are circumstances that excuse such conduct. Generally, a person should keep one car length per 10 miles per hour behind another vehicle. In busy traffic in Jacksonville, this would be difficult to accomplish; nevertheless, drivers should endeavor to keep a safe distance from the vehicle in front to give enough time and distance to come to a stop if necessary. You can read more about this story at 3 Year Old Critically Hurt in Wreck on I-95 in Jacksonville Florida.

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Posted In: Automobile Accidents , Child Safety , Traffic Citations

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

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

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

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

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Posted In: Automobile Accidents , Automobile Insurance , Child Safety , Pedestrian Injuries , Playground & Recreation Injuries , Swimming Pool & Aquatic Injuries , Traffic Citations

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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.

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Posted In: Alcohol & Drug Issues , Automobile Accidents , Automobile Insurance , Child Safety , Pedestrian Injuries , Traffic Citations , Trucking Accidents , Wrongful Death

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A St. Augustine, Florida woman was arrested for DUI after running a red light and barely avoiding an automobile accident. When police inspected her vehicle, officers observed that beer was strapped into the front seat but the 16 month old child was not.

The woman (Tina D. Williams) was noticeably intoxicated and smelled from alcohol. Pipes used to smoke drugs were also found in the vehicle. The tragedy of an accident was avoided by the arrest but the woman has some serious problems to drive in such a condition especially with a child in the back seat. Driver Straps in Case of Beer, Not Baby.

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Posted In: Alcohol & Drug Issues , Automobile Accidents , Child Safety , Traffic Citations

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Florida law is well-established that evidence concerning the issuance of a traffic citation is inadmissible, and that erroneous admission of such evidence is grounds for a mistrial. My firm handled a case in 2000 where the Defense attorney suggested that his client did not get the citation.

The case went to a jury verdict and my firm appeared. We won the appeal since Florida law clearly prohibits the direct or indirect reference to a traffic citation in a civil case. This law was established to give each party and the the jury the ability to argue a case based on the merits and facts rather than the responding officer who in most instances did not witness the accident. The case we handled is reported at White v. Consolidated Freightways Corp., 766 So.2d 1228 (Fla. 1st DCA 2000).

Over the past 17 years, I have handled hundreds of Florida automobile accident cases. Usually, one driver gets a citation in Florida. Clients believe that this means that they will absolutely win the case at trial. I advise clients up front that the accident report and citation will not be admitted as evidence. However, the accident report and citation are usually submitted to the insurance company to show the adjuster who was at fault.

In addition to automobile accident cases, my firm handles traffic citations as well. We have handled traffic citations throughout North Florida and have been successful in avoiding points on licenses, reducing charges, reducing fines, and in some instances getting the citations dismissed. Each citation is evaluated individually and the disposition of the citation can be affected by the county, Judge, driving record, and violations.

If you like more information on automobile accidents, traffic citations or these issues, please contact David Wolf at Wood, Atter & Wolf, P.A., Jacksonville, Florida.

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Posted In: Automobile Accidents , Traffic Citations , Traffic Citations

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Aggressive and Careless drivers in Florida cause deaths. The National Highway Traffic Administration (NHTSA) estimates that 66 % of all traffic fatalities annually are caused by aggressive drivers. Aggressive driving includes running red lights, passing on the right side, and tailgating. In 2004, over 900 people were killed and 168,000 were injured in crashes that involved running a red light.

In Florida, a person, who drives recklessly, can be issued a citation for careless driving, reckless driving, and / or other driving infractions. If the recklessness rises to the level of criminal charges, a person can be arrested in Florida.

If you or a family member has been the victim of an aggressive or careless driver, please contact David Wolf - Attorney - at Wood, Atter & Wolf, P.A. for a free consultation.

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Posted In: Automobile Accidents , Traffic Citations

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