Florida Child Injury Lawyer Blog

The prevalence of texting has skyrocketed shooting from 9.8 billion messages per month in December 2005 to 110.4 billion messages per month in December 2008. Sadly, it is estimated that cell phone usage contributes to approximately 342,000 car accident injuries and causes $43 billion dollars worth of damage every year!

Studies have even indicated that texting while driving is worse than drunk driving! Check out this YouTube video that shows the gut-wrenching consequences of texting while driving (WARNING: this video is graphic, with realistic, but potentially disturbing, reenactments). It is stunning to see how dangerous and how devastating the effects of texting while driving can be.

According to Florida's dangrous instrumentality doctrine, owners and possessors of inherently dangerous tools are liable for any injuries caused by the operation of those tools. This legal principle was applied to the realm of automobiles in Southern Cotton Oil Co. v. Anderson, 86 So. 629 (Fla. 1920). This means that if you own a car, you can be responsible for injuries caused by that car.

As a result of this watershed case, victims of car accidents occurring due to negligence may look to the vehicle owners for damages, regardless of whether it was the actual owner driving the vehicle or not. Likewise, employers may be pursued for the injurious acts of their employees under the theory of respondeat superior.

In order to be held liable, an owner must have the ability to exert control over his or her vehicle. For that reason, people whose cars are stolen may not be penalized for injuries involving their vehicles depending on the particular facts of the case. Furthermore, if an owner did not give permission to a driver to operate the car, the owner may avoid liability if he files a police report to show that the car was stolen at the time the injury was caused. These distinctions are critical for determining who needs to be brought into litigation via impleader and the bounds of a victim’s potential recovery.

Unsure of what all this means to you? Consult a personal injury attorney to learn the intricacies of the law!

The U.S. News & World Report released a state-by-state study on America's Worst Drivers.

Florida ranked 43rd. While Idaho ranked #1, New Jersey bowed out as last year's worst, making way for New York. GMAC Insurance's 2009 National Drivers Test tested 5,000 drivers in each state, evaluating their basic knowledge of driving laws. Alarmingly, over 20% of America's drivers could not pass the written driver's test. That's about 41 million drivers from sea to shining sea who don't know the meaning of a yellow light or how to calculate a safe following distance.

The study shows a direct correlation between increasing age and improved test scores. In other words, there's a reason why your teenager's insurance premiums are through the roof.

How will you do? Take the test to see if you will fare better than your fellow drivers.

Automobile accidents and related injuries continue to be a daily problem in Jacksonville, Florida and other cities and towns. The Department of Motor Vehicles is one agency that reports and keeps track of automobile accidents and related injuries. 2004 statistics were reported that there were 14,116 accidents in 2004. This calculates to 38 accidents every day.

Even after decades of research to design safer vehicles, people frequently are injured in motor vehicle accidents / collisions. To be exact, there were 10,455 traffic accident injuries in 2004. Here's a summary of Duval County's crash data:

Alcohol Related Traffic Accidents - 1,245
Traffic Fatalities - 131
Alcohol Related Fatalities - 49
Injuries in Traffic Accidents - 10,455
Alcohol Related Injuries - 847
Motorcycle Fatalities - 15
Bicycle Fatalities - 6
Bicycle Injuries - 230
Pedestrian Fatalities - 31
Pedestrian Injuries - 329

Car accidents happen every day. If someone runs into you on the road, seek immediate medical attention, and contact a Florida automobile accident attorney for advice, counsel, and representation.

The Panama City News Herald Website reported that a school bus and semi truck were involved in an automobile accident. A child suffered a minor head injury. The semi truck driver also suffered injuries.

During the school year, there are a great number of school buses on Florida roads. It is important for school bus drivers to exercise due caution and to drive in a safe manner. For those driving near school buses, slow down and give school buses plenty of space on Florida roadways. It is also especially important to stop when required to allow students to load and unload from the school bus.

In Florida and other States, driver distraction is not just a passing problem or fad . . . it can also lead to serious personal injuries and wrongful death. In particular, texting while driving is a real danger to anyone on or near roadways in the State of Florida. Some Florida legislators as well as organizations like AAA (American Automobile Association) are recommending legislation that would ban texting while driving on Florida roads and highways. As a child safety advocate, I support such legislation. Texting while driving is undoubtedly dangerous. You can read more about this topic at Florida Could Pass Legislation to Ban Texting While Driving.

Despite the dangers of serious personal injury and death, people continue to ride in the back of pick up trucks in Florida and other States. In Jacksonville, Florida a pregnant women recently was killed in a pick up truck accident. Virginia Nicole Liming, age 19, was riding in the back of a pick up truck at the time of the crash. The force of the crash caused her to be ejected. Virginia was 7 months pregnant at the time of of truck accident. Both Virginia and the unborn child she was carrying died as a result of this accident. This truly is a tragic end to a young woman's life as well as her child.

Of course, Virginia was not at fault for the truck accident itself. She was not driving. As such, she cannot be blamed for the truck accident taking place. Safer driving by the truck driver may have prevented the truck accident.

Another tragic accident involving a pick up truck also resulted in death in Jacksonville, Florida. The driver in this prior pick up truck accident was recently charged with vehicular homicide. (See Pick Up Truck Driver Charged with Crime for Deaths of Passengers in Pick Up Truck). Pick up truck accidents are especially dangerous to passengers riding in the back of the pick up trucks without restraints or other protective devices in place. The risks of ejection form the pick up truck bed are especially high. These risks often times result in serious personal injuries including head / brain injury and death.

You can read more about this story at Pregnant Woman Dies in Pick Up Truck Accident in Jacksonville, Florida.

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

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

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

In Jacksonville, Florida, there was a recent crash that involved a semi tractor trailer that could have caused serious personal injuries and wrongful death. Fortunately, no serious injuries were reported according to the Florida Times Union. As Sydney R. Snow was attempting to merge into U.S. 1 from Interstate 295, he crashed into the gas tank of a semi tractor trailer. The gas tank from the semi tractor trailer burst which put the truck into flames. Thereafter, the semi tractor trailer crashed into a another vehicle, hit a concrete barrier, slid down an embankment, and then ultimately landed in a body of water. The truck driver (Christopher Roberts) was treated at Shands Jacksonville Hospital. The other driver (Victor L. Schmookler) involved in this crash was also treated at Shands Jacksonville Hospital.

Drivers should pay attention to traffic and road conditions. Passenger vehicles are no match for semi tractor trailers. To the extent possible, steer clear and keep a safe distance away from semi tractor trailers. There is also a duty of semi tractor trailer drivers to operate this large vehicles in a safe manner. You can read more about this story at Semi Tractor Trailer Catches on Fire in Jacksonville, Florida Crash.

The City of Jacksonville, Florida (Duval County) has unfortunately made the list of the top three cities in Florida for deadly automobile accidents involving teens. The other top cities in Florida, according to an Allstate Insurance Company study, were Tampa and Orlando. Driving distraction in the form of text messaging, e mails, web surfing, and talking on mobile phones is a major problem in these cities and others throughout Florida. Teens these days seemed to be tethered to their phones. This is fine when the teen is a passenger in the vehicle. On the other hand, acts like text messaging while driving can lead to automobile accidents involving serious personal injuries and, yes, the wrongful and untimely death of teens and others on Florida roads. You can read more about this recent study and dangers of distracted driving at Florida Teens: Distracted Driving Can Turn Deadly.

A deadly crash took place on Batram Park Boulevard on July 27 in Jacksonville, Florida. As I was driving into work this morning, I was driving on this very roadway when I came across an unmarked police SUV and an marked police vehicle. These vehicles were blocking traffic through Batram Park Boulevard. I suspected that there was an automobile accident / trucking accident or some kind of criminal chase in the area. I later heard and read about this tragic accident. The pick up truck had 3 teens in the back of the pick up truck when the driver lost control and the truck flipped. One teen died and another was seriously injured

A pickup truck loaded with six youths crashed after the driver apparently lost control early this morning causing the truck to flip. The accident killed one passenger and left another in critical condition, Jacksonville police said.

Miranda J. Zant (age 16) died at the scene of the crash when the pick up truck rolled over her according to the Jacksonville Sheriff's Office.

Florida Statutes Section 322.2015 prohibits the operator of a pick up truck to permit a minor child (under the age of 18 years old) to ride in the back of a pick up truck.

This law is in place to protect minors from the dangers of riding in the back of a pick up truck especially when there is crash. You can read the full version of this statute at the Official Florida Statute website at Section 322.2015, Florida Statutes.

The deaht of Miranda J. Zant is a tragic loss for her family and the community. Teens, parents and others should pause at this time to empathize and give sympathy to the family of Miranda J. Zant and also use this tragic accident as a teaching tools to other teens and children about the dangers of riding in the back of a pick up truck.

You can read about this crash at the Florida Times Union Website - Deadly Crash on Bartram Park Boulevard in Jacksonville (Duval County) Florida.

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.

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.

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.

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?

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.

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.

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.

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.

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.