December 10, 2011

Florida Lawmaker Seeks to Ban Texting While Driving - Dangers of Distracted Driving

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A Florida lawmaker (State Representative Irv Slosberg) is seeking to pass a Florida law that would ban texting while driving. Technology has made great advances over the past decade or so. We can communicate faster and better through devices like laptop computers, iPads and touchscreen devices, and, yes, smart phones like the iPhone and Droid. Unfortunately, these same devices have caused many Florida automobile accidents, Florida bicycle accidents, and Florida pedestrian accidents. Many of these accidents have resulted in serious personal injuries and deaths to children. One such victim texting while driving was James Caskey, Jr. who was riding a tricycle in North Naples when he was struck by a driver who was allegedly texting while driving. See Florida Lawmaker Looks to Ban Texting While Driving.

In Florida, drivers should do their best to limit distracted driving. Wait until you arrive at your destination to respond to that text or e mail. Waiting a few minutes to respond can save a life and avoid a serious Florida automobile accident. Florida drivers should drive with the utmost of caution and otherwise follow Florida's traffic laws and regulations and pay attention to road conditions and traffic. See Florida Traffic Statutes, Rules and Regulations - Frequently Asked Questions.

November 30, 2011

Family Mourns Death of 13 Year Old Son (Brien Andrew Alvezios) and Seek Help to Find Driver of Hit and Run Vehicle

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In Orange Park, Florida, a family is mourning the death of a 13 year old son - Brien Andrew Alvezios who died while riding his bicycle in a hit and run accident. Brien was a student at Wilkinson Junior High School. The family is seeking help to find the driver of the vehicle that his Brien and fled the scene of this Florida automobile / bicycle accident.
The Florida Highway Patrol is investigating this accident. It is most unfortunate and tragic that a young life was lost. Even worse that the driver did not have the decency to stop and offer assistance to Brien. See Family Mourns 13 Year old Killed in Hit and Run Bicycle Accident / Automobile Accident.

The death of this child is a tragedy and a moment in time that will never been forgotten by the family of Brien Andrew Alvezios. When a child suffers an injury or death from an automobile accident or bicycle accident in the State of Florida, there are often many issues and questions for a family to deal with. The book titled - The ABCs of Child Injury - Legal Rights of the Injured Child - What Every Parent Should Know - has chapters on Damages / Compensation, Automobile Accidents, Medical Bills / Treatment and other topics

November 12, 2011

Advertsing Campaign by the Florida Department of Transporation to Educate about Bicycle & Pedestrian Safety

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Florida's year round weather allows bicyclists and pedestrians to be out on the sidewalks, and streets virtually every day. The Florida Department of Transporation is trying to prevent pr aty least reduce the number of incidents leading to personal injuries / deaths to bicyclists and pedestrians in Florida. See Campaign Aims to Stop Bike and Pedestrian Personal Injuries and Deaths.

It is important for drivers to slow down in any area where there are bicycle riders or pedestrians. This is especially important when there are children riding bicycles or walking on or near the streets and roadways. It is also important for all drivers to follow and obey Florida traffic rules and regulations and otherwise drive with caution depending on weather conditions and traffic. See Florida Traffic Rules and Regulations - Frequently Asked Questions.

October 27, 2011

Florida Bus Safety Laws and Regulations - Other Drivers Are Violating the Laws. Dangers to Children.

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In Jacksonville, Duvall County, Florida and other locations throughout the United States, there is a problem with motorist ignoring stops school buses. In Florida, it is the law that a driver must stop when a school bus is stopped with flashing red lights activated and stop signs extended. Unfortunately, Florida drivers tend to ignore these flashing red lights and stop signs and drive right pass stopped school buses. The Florida times Union website recently reported a news story on this problem. It is estimated that almost 2,000,000 incidents (that's right Two Million incidents) take place every year involving a driver who ignores stopped school bus and drives past the school bus. In Florida, a driver can be find up to $500 for this driving violation or this traffic citation. It is important for the safety of children that all drivers be on the lookout for school buses whether stopped or not. Unfortunately, many such incidents have resulted in serious personal injuries to children. Many of these Florida pedestrian accidents / automobile accidents would have been avoided if the driver has stopped and obeyed Florida traffic rules and regulations pertaining to school buses. For more information on this topic see Drivers Frequently Ignore Stop School Buses in Jacksonville Florida in other cities.

December 29, 2010

Red Light Cameras Will Be Activated in Miami on January 1

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In Florida and Other States, red light cameras are becoming more prevalent. The safety goal is to prevent or discourage people from running red lights. Of course, municipalities like the City of Miami also get a financial windfall from the revenues produced from traffic ticket and money saved and time saved from the automation of the process. Whether you drove up to a light with a camera or not, do not run stop lights or disobey other traffic signals or conditions. The safety of you, your passengers and others are far more important than the few minutes you might save from running or gunning through the light. You can read more about this story at Miami Red Light Cameras Will Be Turned On January 1, 2011.

November 30, 2010

Hit and Run Accident in Atlantic Beach Critically Injures Navy Pilot - Lt. Robert Huish

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In Atlantic Beach, a hit and run accident critically injured a Navy Pilot (Lt. Robert Huish). It is dangerous being in the military and women and men like Lt. Robert Huish serve our country with pride and heroism. It is such a shame that one of our heroes was struck down not by a bullet, missile or enemy fire but by a cowardly hit and run driver in the Atlantic Beach, Florida area.

The serious injuries from this Jacksonville hit and run accident included a fractured leg, a fractured skull, and swelling in the brain. The Jacksonville Sheriff's Office is investigating this hit and run accident and is asking for any help to track down the driver who caused these most unfortunate and preventable injuries. You can read more about this story at Navy Pilot Critically Injured in Atlantic Beach Hit-and-Run. Any coward can drive away from an accident but it make take one brave person to step forward to provide evidence or information to lead to the arrest of the hit and run driver.

November 17, 2010

Jacksonville Florida Automobile Accident Victim (Maida M. Sy) Dies from Red Light Accident

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In Jacksonville, Florida and other cities, traffic control devices serve an important function. Following the direction of these traffic control devices (i.e. traffic lights) can avoid horrible Florida automobile accidents. Disobeying traffic control devices can lead to deadly and tragic consequences. One such automobile accident recent occurred in Jacksonville, Florida at St. Johns Road and Atlantic Boulevard. It was reported by the Florida Highway Patrol that a vehicle driven by Robert Tofson ran a red light and crashed into a vehicle driven by Maida M. Sy. As a result of this accident, Maida Sy was transferred to Shands Jacksonville where she died just over a day after the accident. Since the accident involved the death of a driver / passenger, the Florida Highway Patrol will conduct an in depth investigation and issue a written report of the findings. It was reported in the Florida Times Union that alcohol may have played a factor in this deadly automobile accident. See Jacksonville, Florida 19 Year Dies from Stop Light Crash.

November 12, 2010

Jacksonville Florida Driver Sentenced to 30 Year Prison Term for Wrongful Death in Buckman Bridge Crash

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In Jacksonville, Florida, Sasha Nicole Pringle was recently sentenced to a 30 year prison sentence for a crash that took place on the Buckman Bridge. The accident caused a vehicle driven by Luma Kajy to plunge into the St. John's River in February 2010. The wife and mother of two children died as a result of the careless and reckless driving of Pringle while Pringle was under the influence of drugs. The Judge commented that the evidence against Pringle was overwhelming. You can read more about the trial and testimony at Woman Sentenced to 30 Year Prison Term for Fatal Buckman Bridge Crash.

Driving under the influence of drugs and / or alcohol can and does have deadly consequences. Before a person gets behind the wheel of a vehicle, the person should think about the dangers that are out there for others who may be on or near the roadway. Of course, drugs and alcohol do impair good judgment but this does not excuse in any way the conduct or consequences caused by driving under the influence of drugs or alcohol.

October 15, 2010

Marion County Florida School Bus Crash Results in 10 Children Being Evaluated and Treated at Hospital

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In Marion County and other parts of Florida, children and parents rely on the school bus transportation system to get to and from school. It was recently reported that 10 children were transported to a local hospital after a 2008 Ford Mustang ran a stop sign and crashed into the school bus. The children were heading to Dunnellon Elementary School. The ten children transported to the hospital complained of neck and back pain. Two words come to mind when I read accidents of this nature: Red and Yellow.

Red. Stop signs are prominently displayed at intersections. They have a bold red color and contain the word "Stop". Yes, this is a very basic concept to write about. It is also a basic traffic regulation and posting that should be easily seen and followed. It is amazing that people still run stop signs despite their obvious placement.

Yellow. School buses are typically a bright or bold yellow in color. School buses are also quite large in size compared to other vehicles. Like a stop sign, the presence of a school bus is obvious and noticeable to any person paying a attention.

Accidents like the one reported in Marion Oaks, Florida are yet another reminder to all drivers to obey traffic signs and regulations especially when children are present. It is unfortunate that this accident took place when it could have been easily avoided. See Bus Crash in Marion County Sends 10 Children to Hospital.


April 9, 2010

Seminole County Florida Day Care Center - Car Crashes Into Building

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In Seminole County, Florida, a day care center was the site of a car crashing through the building. Oddly enough, incidents like this have been reported in other cities and communities. In high traffic area, automobile accidents take place. As many of you know, there are a bunch of bad driver's out there that wreak havoc on and off the roads. Some accidents result in crashes into buildings like the one reported to the Einstein Academy in Longwood, Florida. Fortunately, no children were in the building at the time of the incident. You can read more about this story at Car Crashes into Day Care Center in Seminole County, Florida.

March 28, 2010

Putnam County, Florida – Six Year Old Boy Injured in School Bus Accident

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Robert J. McComiskey of Interlachen, Florida was allegedly driving his pickup truck without a license on a recent Friday morning, when he reportedly failed to yield the right away to a school bus. The bus swerved but was unable to get out of the way. McComiskey’s pickup hit the side of the bus where a six year old boy was sitting. The child suffered only minor injuries, and the other three children on the bus were not injured. The driver of the bus escaped injury as well.

According to the Florida Highway Patrol, the accident occurred at the intersection of Theresa Avenue and Diane Street in Putnam County at 9:30 am. Even though McComiskey was wearing a seatbelt, he was critically injured and had to be taken to Putnam Community Medical Center in Palatka, Florida. The Florida Highway Patrol has charged him with violation of right of way and operating a motor vehicle without being licensed.

I find myself writing about school bus accidents that cause child injuries far too often. Drivers need to be extra cautious when they see a school bus approaching and be sure to follow the rules of the road, especially those designed for school bus safety. When it comes to driving near schools and school buses, a little extra caution can help save lives.

Find out more about this story at School bus crash: 6 year old hurt.

March 26, 2010

Dangers of Driveway and Back Over Accidents

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

February 26, 2010

VIDEO - Fatal Ramifications: Texting While Driving

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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.

February 25, 2010

Florida Law - Automobiles as Dangerous Instrumentalities

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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!

February 15, 2010

Family of Florida Children Killed in Drunk Driving Accident Allegedly Make Indecent Proposal

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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.


February 10, 2010

Florida's Drivers among the Worst – New York Stinks, While Idaho is Tops

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.

February 7, 2010

38 Car Accidents Every Day in Jacksonville, Florida

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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.

January 27, 2010

Tampa, Florida – Nine Year Old Boy (Joseph Vanhouse) Suffers Skull Fracture after Car Slams into House

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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.

January 19, 2010

Deltona Florida – Man (Jorge Garcia) Uses Baby as Human Shield against Police Taser Gun

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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.

January 16, 2010

Florida Highway Patrol helps Jacksonville Residents Determine When they Might be Over the Limit

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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.

 
 
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