May 13, 2009

Florida Company (Safety Animated, Inc.) Promoting Safety of Areas / Streets Where Children Are At Play

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Many child injuries and deaths resulting from automobile accidents involving bicyclist and child pedestrians can be avoided. Drivers in residential neighborhoods, school zones, and any other areas with children should proceed with due care and caution. Children do not always have the best of judgment or the best sense of danger when playing sports / games or when biking. Parental supervision is vital to the safety of children. It is also helpful to have safety signage in place to alert and / or remind drivers that there are children in the area. Safety Animated, Inc. is a great company based in Tampa, Florida. The mission of the company is to promote the safety of children. Safety Animated sells safety signage as a visual reminder to drivers to slow down, be on the look out, and exercise the utmost caution because children in the area.

Parents, day care centers, schools, and recreational facilities should truly consider this product. The signage can certainly help prevent or at least reduce the number of personal injuries resulting from driveway and roadway injuries caused by driver inattention, driver distraction, and /or a child's negligence. As every one knows, children can be careless at times and run into a road way. If drivers are proceeding at a slower speed with due caution, it will be easier to stop and avoid a tragedy.

By the way, I am not a paid spokesman or commission sales person for this company. I merely read about the company online and reviewed the product. Helping protect children from harm's way is one of my missions.

I recommend that you go to the Safety Animated website and take a look at this most important safety product. Pay it forward. Drive carefully and watch out for children.

April 12, 2009

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

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Children are at high risk for head trauma as compared to other age groups. The two children groups identified to be at the highest risk for head trauma are 4 year olds and the age range between 15 and 19 years of age. Head injury symptoms include headaches or neck pain, confusion or mood change, light headedness, loss of balance, nausea, ringing in the ears, memory problems, concentration problems, decision making problems. and sensitivity to light. If any of these symptoms are present and last longer than 15 minutes, medical experts recommend that the child be examined by fire rescue and / or a local emergency room department. Time is of the essence in diagnosing and treating a head injury.

Dr. Duane E. Dede, a co-director of the Mild Traumatic Brain Injury Clinic based at the University of Florida Health Center, advises that any brain injury should be treated seriously and necessary medical precautions should be taken.

It is estimated that 1.4 million suffer traumatic brain injury by a bump, jolt, or blow to the head every year. The primary causes of TBI (Traumatic Brain Injury) are automobile accidents and falls.

You can read more about brain injuries, risks, and tips at A Head's Up on Trauma - Even a Simple Bump Should be Treated as a Serious Injury.

April 3, 2009

Five Teens and Four Children Injured in Putnam County, Florida Automobile Accident

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In Satsuma, Florida, ten people were injured as a result of a two vehicle crash. There were 9 teens and children injured in this unfortunate crash. The automobile accident took place at approximately 8:25 p.m. The crash report indicated that Dustin Harris, a 16 year old from Satsuma ran a stop sign and crashed into a Dodge Van vehicle being driven by Carmen Bass. Several of the injured occupants were not wearing a seat belt at the time of the crash. The passengers in the vehicles were identified as: Dillon Harris (age 16), Kelsey King (age 18), Lisa Huntley (age 18), Beautiful Pemberton (age 11), Cheyenne Phillips (age 13), Alyssa Edwards (age 10), Madison Phillips (age 9), and Hansond Pemberton (age 14). The teens /children were either from Satsuma or Pomona Park.

It is important for teen drivers and all other drivers to obey the basic rules of the road including following street signs and traffic devices. The seat belt is an important safety device that should be worn by all occupants especially children. While the failure to wear a seat belt does not preclude the accident victim from seeking compensation or filing a lawsuit, the failure to the wear a seat belt may end up mitigating or reducing damages by the extent that the seat belt either would have prevented injuries or reduced the seriousness of injuries.

You can read more about this story at Five Teens, 4 Children Injured in One Crash in Putnam County, Florida.

April 1, 2009

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

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

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

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

March 27, 2009

Melbourne Beach, Florida Man (Edward Kronemeyer) Dies in Fiery Crash in St. Johns County, Florida

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A rear end accident caused the death of a Melbourne Beach, Florida man (Edward Kronemeyer) in St. Johns County, Florida. The crash took place on Interstate 95 Southbound near Florida State Road 16. Mr. Kronemeyer's 1966 Triumph convertible was rearended by a Sport Utility Vehicle (SUV) driven by Vonnier Queen of Jacksonville. The rear end crash pushed Mr. Kronemeyer's vehicle off the East shoulder of I 95 and went into the woods striking several trees. As a result of the crash, the Triumph was set on fire. Tragically, Mr. Kronemeyer lost his life in this accident. The Florida Highway Patrol will investigate the accident. You can read more about the accident at Melbourne Beach, Florida Man Dies in Crash in St. Johns Florida.

February 26, 2009

Semi Tractor Trailer Decapitates Pedestrian in Orlando, Florida

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

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

January 30, 2009

Florida Law - Who Is Responsible for Compensation for Injuries and Damages for a Rear End Crash / Collision) ?

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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.

January 14, 2009

Dump Truck Driver Runs Red Light and Crashes into School Bus with 19 Children in Lee County, Florida

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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.

January 13, 2009

6 Year Old Gainesville, Florida Girl (Jani'yah Irving) Run Over By Semi Truck in No Through Route for Trucks

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In Gainesville, Florida, a 6 year old girl (Jani'yah Irving) was run over by a semi truck on Northwest 12th Terrace and Northwest 32 Avenue. Jani'yah was riding her bicycle with a friend. Jani'yah had problems stopping at an intersection / stop sign and rode her bicycle under the large semi truck driven by Marcus Olden, Jr. Tragically, Jani'yah was run over by the rear wheels of the truck. While Jani'yah may not have been wearing a bicycle helmet, it does not appear that this would have made any difference with respect to the fatal injuries suffered by Jani'yah.

The Gainesville Police Department and / or the Florida Highway Patrol will conduct an investigation into the death of Jani'yah Irving. In conducting the investigation of this accident, investigators may consider the following factors:

What was the speed limit in the area?
What was the estimated speed of the truck driver?
What was the estimated speed of Jani'yah?
Were the street signs in the area (No Through Trucks, Stop Sign) clearly visible?
Why did the truck driver drive into an area with the No Through Trucks sign?
What other routes were available to the truck driver?

In addition to the police, the family can also retain the services of a private accident reconstruction expert to get an independent analysis of the incident and causes for the same.

It is a shame that such tragedy has befallen the Jani'yah Irving and her family. This incident was the first traffic death of the year for Gainesville, Florida. You can read more about the story at Girl Killed on Bicycle by Truck in Gainesville, Florida.

November 28, 2008

Pick Up Truck Crashes into a Pond - Maplewood Elementary School Teacher Dies - Florida Highway Patrol Seeks Help with Investigation

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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.

November 13, 2008

Loss of Companionship of Child (Filial Consortium in Florida)

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The parent of a Florida child can pursue a claim for pain, suffering, and loss of enjoyment of life on behalf of the child when a child is seriously injured. What about the parents injuries, losses, and damages? Can a parent collect for the loss of companionship of the child when the child is seriously injured but does not die as a result of the injuries. The answer in Florida is "Yes". The loss of companionship in Florida to a parent of an injured child is called "Filial Consortium". The logical follow up question is as follows: What period of time can a jury award the loss of Filial Consortium to a parent? The answer is "until the child reaches the age of majority" which is 18 in the State of Florida. This very issue was addressed in a Supreme Court of Florida case. In a case against the Broward County School Board, the Supreme Court determined that the damages to a parent for the loss of Filial Consortium (companionship to the parent from the child) can be awarded for a time period from the injury to the child's 18th birthday. As such, if a 15 year old was seriously injured but did not die, parents can pursue a claim for themselves for the loss of Filial Consortium from the age of 15 to 18 or roughly 3 years. Florida Wrongful Death cases are subject to different standards and statutes.

November 5, 2008

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

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

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

October 27, 2008

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

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

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

October 22, 2008

Dangers of Fog and Semi Truck Accidents - St. Augustine Woman Dies in Crash

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In St. Augustine, Florida, Bobbie Jean Dengler, age 41, died as a result of a crash with a semi tractor trailer driven by Garfield Brown. The Florida Highway Patrol reported that fog may have played a role in the truck driver not seeing Ms. Dengler when the truck driver pulled in front of her.

The dangers of semi tractor trailers on the road are exaserbated when weather conditions like fog are factored in. It is important for all drivers including semi tractor trailer drivers to pay attention to traffic, road conditions, and weather conditions when driving on Florida roadways. This story was reported along with other daily incidents at the Jacksonville Times Union Newspaper Web Site.

October 22, 2008

New Ford Vehicles Will Allow Parents to Control Teen Driving

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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

October 6, 2008

Dangers of Semi Tractor Trailers - Husband and Wife (Blanch Whiddon and Brandon Whiddon) Die After Crash

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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.

October 6, 2008

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

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

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

October 3, 2008

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

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

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

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

September 24, 2008

Legal Liability for Wrongful Death and Injuries - Victims of Tragic Bus Accident / Crash in Marion County (Ocala) Florida

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Frances Margay Schee, 13, a North Marion Middle School student, died shortly after 4 p.m. as a result of a rear end crash caused by a Tractor Trailer that may have some connection with CSX Railroad, a large corporation based in Jacksonville, Florida. It is interesting to note the CSX web site states that its vision is "to be the safest, most progressive North American Railroad, relentless pursuit of customer and employee excellence." If CSX had some role or responsibility regarding this accident, CSX certainly fell well short of the vision.

Nine people were taken to the hospital and two students were reported to have critical injuries. Witnesses to the incident noted that the semi tractor trailer never stopped prior to the crash. Apparently, the school bus was stopped on a clear day. The impact shoved the large yellow school bus 275 feet. A few minutes later, a series of explosions started. The tractor trailer was carrying fluorescent tubes for Home Depot. There are serious questions that arise from an accident of this nature.

*Was it just mere inattention by the driver of the tractor trailer that caused the accident or something more?

*How many hours had the driver driven in the past 24 hours?

*What was his experience in driving a semi tractor trailer?

*Who owned the semi tractor trailer?

*Who was the employer for the driver of the semi tractor trailer?

*What general laws apply to these matters?

In Florida, the driver, the owner of the vehicle, and the employer can be held liable for the negligence of the driver. Florida has a doctrine called the dangerous instrumentality rule which holds the owner of a vehicle liable if there is an accident caused by the driver of the vehicle. The owner of the vehicle does not need to be negligent. It is the ownership and control of the vehicle that imposes liability under the dangerous instrumentality rule. The employer can be held liable under the doctrine of vicarious liability. In other words, the employee is serving the interests of the employer and driving at the employer's direction and control. Under vicarious liability, the employer doers not need to be negligent. It is the employment itself that imposes liability under the vicarious liability rule.

It is important to have a Florida Child Injury Lawyer / Attorney review the facts, legal issues, insurance issues, scene investigation, corporate issues, employment issues, and other factors in cases of this nature. It appears from the initial reports that the driver of the semi tractor trailer could have prevented this accident by paying attention to the road, driving at a safe speed, and maintaining a safe distance from the yellow school bus.

September 24, 2008

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

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

September 23, 2008

Tragic School Bus and Semi Tractor Trailer Accident in Marion County (Ocala) Florida - Legal Rights and Issues of Injury Victims

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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.

September 9, 2008

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

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Serious injuries and deaths to children from driveway accidents are tragedies in every respect. Nylah Sakira Dickerson, age 1, was accidentally run over by a family member when Nylah was in the driveway at a home in Yulee (Nassau County) Florida. The incident was witnessed by Nylah's grandfather who attemoted to get the attention of the driver. Nylah was taken to Shands Jacksonville Hospital where she was pronounced dead. Driveway deaths are a nationwide problem. There are hidden dangers in driveways. Some think that sidewalks are the best place for children, pedestrians, and bicycle riders. In actuality, drivers frequently ignore or do not carefully look for children and others on sidewalks and driveways. As for Nylah's tragedy, it will certainly be difficult for the family, extended family, and community to deal with her death.

September 1, 2008

Dangers of Distracted Teens - Leading Cause of Death in Florida

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According to the National Highway Traffic Safety Administration's website, traffic accidents are the leading cause of teen death in the country. Among the causes of these traffic accidents, driver error was the highest culprit, accounting for 87 percent of accidents. These accidents result in serious personal injuries and deaths in Jacksonville Florid and other cities throughout the United States.

Allstate Insurance Company sponsored an event titled Action Against Distraction Driver Challenge. The purpose of the event is to educate teens and adults alike about the dangers of distracted driving. You can read more about this program at Teens warned: Distracted driving deadly in Florida.

You and your teenage children can be the safest drivers in the world. Unfortunately, there are teen and adult drivers who are not very safe. Some are distracted by the mobile phone, texting, conversation, radio, and yes drugs and alcohol. If you or your child has been injured by the negligence of another driver in Florida, it is helpful to get the advice and representation from a Jacksonville Florida Personal Injury Lawyer / Attorney.

August 26, 2008

School Speed Zones - Watch Out for Children in Florida

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School is back in session for most public and private schools in the State of Florida. Motorist should pay close attention to the speed zones near schools. Otherwise, a driver could get a speeding citation for violation of Florida Statutes. More importantly, the speed zones are posted and established for the protection of Florida school children. School officials and crossing guards help control and direct traffic; however, children do not have the best of judgment especially as pedestrians and bicycle riders in heavy traffic areas. Be on the look out for children. Every year - children are injured while walking or riding their bicycles near schools and their neighborhoods. A Florida child injury lawyer can assist the family with the various legal issues that arise when an injury results from the negligence of others. Issues include medical bills, selection of medical doctors, insurance claims, investigation, disability, pain, suffering, and when necessary litigation and trial.

August 25, 2008

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

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Tropical Storm Fay brought winds, rain, and many automobile accidents in Jacksonville, Florida and other areas of the State including Orange Park, St. Augustine, Julington Creek, Fernandina Beach, Amelia Island, Middleburg, and MacClenny. During bad weather, drivers have a duty to be careful and safe in the operation of the vehicle. Tropical Storm Fay certainly is not the sole reason for the automobile accidents. Wet and windy roads require the drivers operate their vehicles more carefully. Traffic and all drivers should operate their vehicles in recognition of these conditions. Drivers should give themselves more braking room and slow down any time that there is a problem with visibility. Yes, some accidents are by their nature resulted solely by an Act of God. Many others result from carelessness and driver inattention / negligence. A Florida personal injury attorney should be contacted to answer questions arising from an automobile accident. Tropical Storm or not - accident victims have a right to representation and recovery of compensation for all injuries caused by the negligence or inattention of others.

August 19, 2008

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

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Emergency Rooms generally do a good job treating and evaluating trauma victims. The job of the Emergency Room staff is to the assess the patient and determine the level of treatment: 1. Surgery; 2. Hospital Admission; or 3. Discharge. If a patient needs immediate surgery, the patient is in the right place. This goes the same for the patient who needs to be admitted to the hospital. What about those patients who are discharged? Well, general recommendations are made with discharge instructions and possibly a referral. It is these patients who have the most problems with follow up care. Questions arise as follows:

1. Where should I go for follow up care for my accident related injuries?
2. What specialists should I see for my accident related injuries?
3. Who is going to pay for my treatment for my accident related injuries?
4. What kind of testing will I need for my accident related injuries?

The above issues are handled on a case by case basis. Most importantly, the patient should be diligent in seeking follow up treatment. It is important from a medical and legal stand point. Liability insurance companies often question patients / clients who delay follow up care or who have big time gaps in treatment and evaluation.

A Florida child personal injury lawyer can assist you with issues related to insurance, medical bills, lost wages, pain and suffering and follow up treatment. Liability insurance companies are not concerned about your health and well being. Liability insurance companies are mainly concerned with saving money. As such, the typical accident victim should not see legal advice from the insurance company or any one other than a trained Florida personal injury attorney / lawyer. I provide my clients with a free consultation regarding personal injury mattes including but not limited to cases involving Florida automobile accidents, slip and fall injuries, medical malpractice, nursing home abuse and neglect, day care injuries, child care injuries, dog bites, and playground injuries.

August 12, 2008

The Importance of Photographs When Documenting the Accident Scene and Injury to a Florida Child

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Photographs are extremely important pieces of evidence when documenting an injury to a Florida child caused by the negligence of another person or business. Most mobile telephones have cameras built in. Some camera phones are better than others. I typically advise clients to take photographs with a regular or digital camera to make sure that the photographs clearly document the injuries or the site of an accident. In my law practice, photographs have been pivotal in documenting the following:

Vehicle damage;
Intersections;
Skid marks;
Dangerous floors, parking lots, stairs, and other conditions;
Damage to barriers, trees, and roadways;
Lacerations, burns, and cuts;
Stitches, staples, and surgical incisions;
Bruises and welts;
Facial injuries;
Eye injuries;
Scarring; and
Dog bites.

If you do not have a camera, ask to borrow one or buy a disposable camera. Sometimes, the photograph is the most important evidence on a case. Of course, it is helpful to have the advise, consultation, and representation on a Florida child injury matter in order to make sure the photographs and other evidence are properly preserved and presented to support a claim or lawsuit.

August 11, 2008

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

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According to the Florida Department of Transportation, 450 to 600 children (ages 3 to 5 years old) are killed nationwide in pedestrian traffic accidents. The impact of the child's death is felt by the parents, siblings, grandparents, other relatives, friends, and the community. Young children do not have a full appreciation of the dangers of roadways or parking lots for that matter. They also lack good and accurate judgment of time, distance, speed, and danger. You can read some helpful safety tips at the Florida Department of Transportation Website - Safety Kids.

Review the web site and materials with your child. While schools do a good job of teaching safety to our children, parents and guardians should also sit down with their children to review these basic and vital safety rules and projects.

August 8, 2008

Trends in Accidental Deaths and Wrongful Deaths Among Children

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The death or personal injury of a Florida child is a tragedy for the family and community. This is especially true when the death was caused by the wrongful or negligent acts of another person Safe Kids was founded in 1987 by the Children's National Medical Center. This organization gathers and releases data regarding the deaths of children in the United States. While it appears that accidental child deaths have declined since 1987 in many categories, it is still troubling to see the thousands of child deaths in Florida and Nationwide caused by wrongful or negligent acts of others.

The decline in deaths may be related to education, enactment of criminal acts, improved safety awareness, improved safety equipment, and other advances in the last 20 years. Deaths in the following areas have declined since 1987:

Motor vehicle (automobile accident) occupant deaths;
Bicycle injury deaths;
Fire and burn related deaths;
Airway obstruction (choking) deaths;
Unintentional or accidental firearm (shooting) deaths;
Fall injury deaths; and
Poisoning deaths.

Statistics are meaningless when it is your child who is injured or dies as a result of the negligence or fault of another person or business. It is helpful to have a Florida child personal injury attorney review the facts and circumstances of your child's personal injury or wrongful death.

July 11, 2008

Pedestrian Rights and Responsibilities in Florida - The Florida Statute

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In Jacksonville Florida and the rest of the State, pedestrians have designated rights and responsibilities by Florida statutes and case law. Pursuant to Section 316.130, Florida Statutes:

"Every driver (in the State of Florida) of a vehicle shall exercise due care to avoid colliding with any pedestrian or any person propelling a human-powered vehicle and give warning when necessary and exercise proper precaution upon observing any child or any obviously confused or incapacitated person." See the Full Florida Statute Section 316.130.

Pedestrians are required to obey traffic devices, use sidewalks when present, and also use due care when approaching roadways and traffic.

I have represented many Florida pedestrians who have suffered personal injuries after being hit by a car or truck in pedestrian cases. The facts of each case must be evaluated on their own merits. Civil cases are not controlled by the opinions or conclusions of the police officer. This applies even in death cases. It should also be kept in mind that Florida is a comparative fault state. In other words, a judge or jury can apportion fault between the pedestrian and driving in determining an award for damages for personal injuries or wrongful death resulting from a pedestrian being hit by a vehicle.

Early involvement by a Florida personal injury lawyer is paramount to the investigation of a pedestrian case for a civil suit for compensation.

June 25, 2008

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

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Sidewalks can be dangerous in busy cities. In New York, a series of accidents caused injuries to several people who were minding their own business walking on the sidewalks. Cars veered from the roadway and hit pedestrians on the sidewalk. It is impossible to predict such an accident. However, it shows that people should be alert to the dangers of bad drivers even when they are safely on the sidewalk. You can read more about these accidents in an USA Today article - Car Hits NYC Pedestrians for 4th Time in New York.

In Florida, roadways in Jacksonville, Orlando, Tampa, Fort Lauderdale, and Miami can be quite crowded. In some sidewalk accidents, alcohol plays a factor in the accident. If a person gets behind a wheel after drinking and plows over pedestrians in a sidewalk, that person will be subject to punitive damages in the civil case as well as criminal charges in a criminal case. There is no excuse whatsoever for such conduct especially when the victim is an innocent child.

June 23, 2008

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

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

June 12, 2008

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

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Florida children acquire or are inflicted with traumatic brain injuries from automobile accidents, playground incidents, day care injuries, slips and falls, sports related injuries, and other causes. Some refer to traumatic brain injury (TBI) as a brain injury or head injury. Traumatic brain injury is caused when sudden trauma damages the brain. Traumatic brain injury occurs when the head suddenly and violently hits an object or when an object goes through or pierces the skull and damages the brain tissue. Symptoms for traumatic brain injury can range from mild to moderate to severe. Some victims of traumatic brain injury experience loss of consciousness and others do not. Other symptoms of traumatic brain injury include the follows: headache, light headedness, dizziness blurred vision, tired eyes, ringing in the ears, bad taste in the mouth, mood change, lethargy, change in sleep patterns, memory problems, concentration problems, attention, and thinking and cognitive defects.

Some children who sustain a traumatic brain injury are affected for life. Since the brain is very fragile, treatment for traumatic brain injury can be quite limited. It is important to get evaluation and treatment for traumatic brain injury by professionals including but not limited to neurologists, neurosurgeons, psychologists, psychiatrists, and / or neuro-pscychologists. The National Institute of Health has some good resources and information for traumatic brain injury at Traumatic Brain Injury - Hope Through Research.

May 28, 2008

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

When there is a wrongful death in Florida, a spouse and minor children can recover damages for mental pain and suffering and for lost parental companionship due to a parent's death. Under Florida's Wrongful Death Act, a minor child is defined as a child under 25 years of age. If there is no surviving spouse or the decedent was divorced at the time of death, then adult children can recover damages for mental pain and suffering and lost parental companionship. There is an exception for medical malpractice cases in Florida. A person must be survived by a spouse or minor children (under the age of 25) to recover damages for mental pain and suffering and for lost parental companionship.

Wrongful death cases can be quite complex and and it is important to obtain the advice and representation of a Jacksonville Florida personal injury lawyer to pursue damages resulting from the negligence of another person, business, or medical provider. You can read more about Florida's Wrongful Death Act at the Florida Statutes Official Website.

May 22, 2008

Two Separate Automobile Accidents Cause Wrongful Deaths in Jacksonville Florida

Matt Coleman, writer for the Jacksonville Times Union newspaper, posted an article about recent auto accident deaths on Jacksonville Florida roadways.

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Donald Jones, age 74, died as a result of a collision with a semi tractor trailer driven by Chadwick Hendrix, 37, who turned into the path of Donald Jones. Mr. Jones was pronounced dead at the scene. Since there was a death, the Jacksonville Sheriff's Office will conduct a full homicide investigation. It appears that Mr. Jones had the right of way and that Mr. Hendrix should have waited for traffic to clear before attempting his turn. Mr. Jones should have been wearing a seat belt according to Florida law; nevertheless, his family can still pursue a wrongful death case due to the negligence of Mr. Hendrix.

Another accident resulted in the death of a Mary Aguirre, 49, of Phelan California. Erika Schaper, 25, was driving south on Florida 9A, a major roadway in Jacksonville, Florida, when she hoped over the grass median and struck the car driven by Mary Aguirre. Mrs. Aguirre was pronounced dead at Shands Jacksonville Hospital. Dean Aguirre was a passenger in the vehicle and suffered serious injuries received treatment at Memorial Hospital Jacksonville. The Florida Highway Patrol will be conducting a homicide investigation regarding this accident.

State officials are trained to conduct homicide investigations. It may also be helpful for the families to retain a Jacksonville Florida personal injury attorney to investigate these matters as well. A trained and experienced private accident reconstruction expert may provide additional information to assist families with insurance claims for injuries and deaths caused by the negligence of others in Jacksonville Florida automobile accidents and trucking accidents.

May 16, 2008

Florida Deaths Resulting from Drunk Driving

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

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

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

May 12, 2008

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

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

May 8, 2008

Fiery Nassau County Florida Crash Kills Thomas Hooke of Yulee

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Two people were killed and four others were taken to Shands Jacksonville after Fernandina Beach Florida catastrophic car crash on South Eight Street and Sadler Road in Fernandina Beach, Florida. Donald Harrison was driving a Chevrolet Pick Up truck that crossed over a median and into the other lane of traffic. This resulted in a head on collision with Thomas Hooke of Yulee. Both Harrison and Hooke died as a result of the accident. Investigators will study the scene photographs and evidence as well as medical and autopsy records to determine the cause of the accident. It is quite tragic for both the Harrison and Hooke families who have lost a loved one. You can read more about this crash and view photographs of the scene at the Florida Times Union Website at2 Nassau Motorists Die in 4 Car Accident in Fernandina Beach, Florida.

May 8, 2008

Florida Children Are Safer in the Back Seat - Safety Tips

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

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

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

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

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

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

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

April 22, 2008

Nassau County Head On Crash Lands Two in the Hospital

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

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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).

April 9, 2008

Florida Commercial Driver's License: Who is required to have one?

Jacksonville Florida roads are filled with commercial vehicles. Unfortunately, many commercial vehicles are mammoth sized when compared to a compact car or a motorcycle. It is like a David versus Goliath type of auto accident / trucking accident. A person who operates a commercial vehicle must have a Commercial Driver's License to legally operate the commercial vehicle in the State of Florida. You can read more about Commercial Driver's Licenses and other related laws at the Florida Statute Web Site. The section that applies to Commercial Driver's Licenses is located at Section 322.53, Florida Statutes.

April 7, 2008

Jacksonville Florida Dump Truck Crash Critically Injures Woman

Gas prices are up. As such, people are buying smaller and more fuel efficient cars. Good idea? yes and no. A recent Jacksonville Florida automobile accident shows the dangers of being in a car when hit by a dump truck. I drive a SUV type of vehicle. While a dump truck will still do my car and body damage, I feel safer in my SUV than a regular passenger vehicle. The dump truck accident took place at Tallulah Avenue and North Main Street in Jacksonville, Florida. The woman was listed taken to a local hospital with critical injuries. You can read more about this accident and see a photo taken at the scene by going to the Jacksonville Times Union Web Site at Jacksonville Florida Dump Truck Crash Leaves Woman Critically Injured.

February 19, 2008

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

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

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

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

February 1, 2008

St. Johns County Florida Hit and Run Accident Seriously Injures Child

St. Johns County, Florida I-95 hit and run trucking accident / automobile accident seriously injures toddler (child) (Nathan Shen) and her mother (Edith Aguirre-Morales). Tragically, the 2 year old was ejected from the car that rolled over several times. The semi tractor trailer driver pulled in the emergency lane, stopped, and then quickly fled the scene. Toddler Hurt in Semi versus Car Hit in Run in St. Johns County Near Flagler County Line.

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The Florida Highway Patrol are seeking assistance to locate the driver / owner of the semi tractor trailer. Anyone with information about this crash is asked to call the FHP at 904-301-3663.

Ms. Aguirre-Morales and the family will be entitled to insurance benefits under her vehicle's policy. Furthermore, there may be entitled to compensation under the Florida Victims of Crime Compensation Act which provides up to $50,000 for victims of crimes.

It is unfortunate and illegal for that matter that the driver did not stop at the scene to render assistance and to take responsibility for his or her actions.

February 1, 2008

Florida Trucker Injures Many in Polk County Crash

A negligent semi tractor truck driver injured many people when he failed to observed traffic conditions. Because he failed to stop, he ended up plowing into 9 other vehicles at the crash site which was located in Polk County, Florida on Highway 27. Tragically, two people died as a result of the accident. This crash shows the dangers of trucking accidents. While some vehicles may fare well in safety and crash testing, they are no comparison for a huge semi tractor trailers that cover our highways throughout Florida and the rest of the nation. Others were also injured in the accident.

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The errant negligent of the truck driver has forever changed the lives of the families involved in this accident. When investigating the case, I will review the driver's log and other documents to determine if there were any violations of State and Federal law as well. Commercial truck drivers are limited by law as to how long they can be behind of the wheel of a the truck. Rest breaks are mandated to help prevent accidents caused by drowsy or sleeping drivers. Whether the truck driver followed the law on driving or breaks or not, he should have been more alert as to the traffic conditions in order to give himself time and distance to safely stop his truck to avoid crashes like these. You can read more about this crash by reading 2 Killed, 8 Injured in 10 Vehicle Accident at the www.floridatoday.com, a website covering various news and public interest stories in the State of Florida.

January 24, 2008

The Dangers of Semi Tractor Trailers and Logging Trucks

An unfortunate trucking accident / automobile accident took place recently outside of Savannah, Georgia. Busy roadways in cities like Savannah Georgia and Jacksonville Florida are the sites of serious automobile accidents. A bus load of mentally handicapped people were hit by a logging truck. According to Georgia State Highway Patrol, it was amazing that no one died in the accident. Some of the passengers and drivers were taken to a local hospital. Logging Truck Hits Van Occupied by Mentally Handicapped People.

This accident shows the dangers of large trucks on the roadways of South Georgia and North Florida (Jacksonville). It is important to drive your vehicle in a safe manner. Even when you do so, the negligence of another driver may cause a serious accident.

If you have any questions about an automobile accident or trucking accident, call a personal injury attorney for advice and consultation regarding your respective rights.

January 22, 2008

Fatal Truck Accident on I-95 (Jacksonville Florida) Kills Truck Driver

A trucking accident on I-95 (Interstate 95) in Jacksonville Florida caused the death of a truck driver, Jeremy Garvin, of Gainesville. Apparently, the driver of another semi truck pulled into the emergency lane to allow for a driver switch. Fatal Fiery Crash Closes Interstate 95 Traffic for Several Hours. When the other driver was in the process of merging onto the highway, Jeremy Garvin hit the rear end of the other truck. A fiery crash resulted from the collision which in turn caused the death of Jeremy Garvin. Florida Highway Patrol will conduct a traffic homicide investigation to determine the cause of the crash. An autopsy will be performed to determine cause of death and if there was any drugs or alcohol involved in the crash.

I researched the issue of emergency lane usage in Florida and on the National Highway and Safety Transportation web site. I could not find direct authority on the use of emergency lanes. It does not appear the truck drivers or other drivers should randomly use emergency lanes to switch out drivers, take a bathroom break, or other activities which can be done at a rest stop or a nearby exit.

If you have a question about a trucking accident, automobile accident, or other injury matter, contact Jacksonville Florida personal injury attorney David Wolf at Wood, Atter & Wolf, P.A..