Florida Child Injury Lawyer Blog

When a child is injured at a Florida school or day care center, the parent is often faced with the challenge and pressures of obtaining and paying for medial care related to the injury. For children with health insurance in place, the parents are still required to pay co-pays and deductibles. For children without health insurance, the parents must deal with the challenges and burdens. Typically, it is more difficult obtaining consistent, affordable, and geographically close medical care when a child lacks health insurance.

When a child is injured due the negligence of a school or day care center, it is importnat for the parents to retain the services of a Florida Child Personal Injury Attorney for advise, consultation, and legal representation. There are many issue that an attorney can step in and assist the parents with including but not limited to medical bills.

Many schools and day care centers have liability insurance in place that have a medical payment provision otherwise known as Med Pay coverage in place that could be utilized to pay for medical bills regardless of the fault of the day care center or school. In other words, the parents do not have to prove that the day care center school is at fault but merely must show that the accident took place at the day care center school. Student accident insurance is also available for some students enrolled in a day care center or school. Some student accident insurance policies are purchased by the parent while others are purchased by the school by the day care center school.

When a child suffers an injury at a school or day care center, the parents should find out if there is Med Pay and / or student accident insurance in place for the benefit of the injured child. It is important for the parents to consult consult with an experienced attorney to get advice as to medical bills, medical payments coverage, student accident insurance, liability insurance, and other issues.

The book titled The ABCs of Child Injury - Legal Rights of the Injured Child - What Every Parent Should Know has chapters on day care center injuries, school injuries, automobile accidents, medical bills, damages & compensation, and other topics that parents or other concern person can obtain this book for free at The ABCs of Child Injury. The book was written by David Wolf, a child injury attorney and safety advocate. In addition to this book, Mr. Wolf is the author of the book - Florida Day Care Center Injuries - Building Blocks of Knowledge for Parents. The book - Florida Day Care Center Injuries - will be available in February 2012 on the Wood, Atter & Wolf Personal Injury Website.

Since 1957, Wood, Atter & Wolf, P.A. has represented the interests of injured children and their families. At Wood, Atter & Wolf, P.A., a voice is given to injured children when they need it the most.

Is a settlement on behalf of a minor in the best interests of the child? This is important question that must be asked in every child injury case. Who gets to decide or make the determination if the settlement is in the best interests of the child? In Florida, the answer to this question is . . . "It depends." A personal injury settlement on behalf of a minor child must receive Court approval if the settlement is over a certain amount of money. Furthermore, in some cases, a Guardian Ad Litem is appointed in order to review the settlement on behalf of the minor child and issue a report to the court on the matter. Finally if the net proceeds from the minor settlement exceed $15,000 then the proceeds from the minor settlement must be put into a restricted account or placed in an annuity that pays the child injury victim a sum certain over time. Here are some of the people who may be involved with a minor settlement:

The Child. Of course, the child is the most important person in the process. All persons involved with a settlement on behalf of a minor child must focus on the best interests.

The Child Injury Attorney. The Florida Child injury attorney represents the interests of the minor child. It is the duty of the child injury attorney to make sure that the child's interests are well represented and that any settlements obtained on the minor child are in the best interests of the child. When necessary, the child injury lawyer will obtain court approval and follow other safeguards as to the minor settlement. It is important that the attorney selected by the parent or guardian to represent the child has experience and knowledge in the area child injury so that the safeguards are followed.

The Parent or Guardian. Due to the age of minority and lack of ability to pursue a legal case or claim on his or her own, a parent or guardian must be involved in the pursuit of an injury claim or a lawsuit. While a parent or guardian must be involved, the case is brought on the child's behalf.

The Judge. When court approval is required, the Judge will review the settlement documents, medical records, medical bills, and other documents and information to determine if the settlement is fair, reasonable, and in the best interest of the minor child.

The Guardian Ad Litem. The Guardian Ad Litem is appointed by the Judge in certain cases. Typically, the Guardian Ad Litem is a local attorney familiar with child injury cases and settlements. The Guardian Ad Litem has the responsibility to advocate on behalf of the minor child and make sure that the child's interests and rights are protected and honored.

The Liability Insurance Company. Most cases are settled with the payment of liability insurance payments including but not limited to automobile insurance, homeowners insurance, and / or commercial liability insurance. Most adjusters are familiar with the basic requirements for the proper settlement of a minor child's injury claim. Because of this, the proper documents and Court approval will be required by the adjuster before the funds will be released or paid by the liability insurance company.

The Annuity Company / Insurance Company. In some cases, the case is settled with the payment of an Annuity which is a one time payment in the future or a stream of payments in the future. The Annuity typically must be a guaranteed amount in order to obtain Court approval of the same.

A child injury case can be complicated for parents and guardians depending on the facts and circumstances of text. Because there are many laws and safeguards, it is often times in the best interests of the child for the parent or guardian to hiring attorney to represent the child in the personal injury case. Child injury cases are typically handled on a contingency basis. In other words, if there no recovery - there will be no attorney fees. Until the settlement funds are paid, there will be no financial obligation on the part of a parent or guardian up front on these cases and the attorney will wait to get paid from the settlement collected.

There are two books that can assist a parent trying to deal with the aftermath of a child injury. While the books are not a substitute for legal representation, the books do contain some basic information that will help educate a parent / guardian about child injury cases and claims. The ABCs of Child Injury - Legal Rights of the Injured Child - What Every Parent Should Know has chapters on Automobile Accidents, Day Car Center Injuries, Damages / Compensation, and other topcis. You can get this book for free at The ABCs of Child Injury. Another book - Florida Day Care Center Injuries - Building Blocks of Knowledge for Parents - has chapters on Day Care Center Cases, Outdoor Facilities / Playgrounds, Indoor Facilities, Record Keeping, Emergency Procedures and other topics. This book will be available for free in February 2012 through the website for Wood, Atter & Wolf - Florida Personal Injury Attorneys.

When a child is injured in an automobile accident, slip and fall accident, day care center, school, theme park, or other location, there are several factors that are considered when valuing a child injury case. It should be pointed out that each child injury case should be evaluated on its own facts and merits. Every child is different. Similarly, every personal injury claim is different. Individual attention should be given to the child's case by the Florida Personal Injury Attorney, the parent or guardian, and any other individuals involved with assisting a child with the pursuit of damages and compensation for the child injury case. The are various factors that may be considered when valuing a child injury case.

Liability (Fault). Liability refers to the cause of the incident or accident. In Florida, with the exception of a dog bite case, a plaintiff or claimant must prove that the child was injured due the fault or negligence of another person or business. In other words, a person or business failed to do something in a safe manner for the protection of the minor child or alternatively acted in a careless matter that caused the child injuries. With better care and attention, on the part of the at fault person or business, the injuries would have been avoided.

Damages. Damages refer to the losses that are sustained due to the child injuries. Damages can be classified as either Economic Damages or Non-Economic Damages.

Economic Damages. Economic damages refers to expenses that are incurred in the past or future due to the child injuries. Economic damages are expenses that can be calculated and estimated with some reasonable certainty as follows:

Past Medical Bills;
Future Medical Bills;
Past Wage Loss (when applicable);
Future Wage Loss (when applicable); and
Education / Tutoring Expenses (incurred due the injuries).

Non-Economic Damages. Unlike economic damages there is no strict formula and no set number for non-economic damages. Non-economic damages typically refer to the following:

Pain;
Suffering;
Loss of Enjoyment of Life;
Loss of Companionship; and
Loss of Services.

The value of economic and / or non-economic expenses will depend, in part on the following factors:

Age of the child;
Condition of the child prior to the incident / accident;
Permanency of the child injuries;
Severity of the child injuries;
Impact on the child's activities of daily living;
Impact on the child's cognitive abilities;
Impact on the child's education; and
Impact on the child's future income / employability.

Evaluation of a minor's personal injury case can be quite complicated and often times requires the services of a child personal injury attorney to evaluate the case and advise the parent/guardian regarding value legal options and settlement opportunities. On the issues of liability and damages, there are two books available to parents for free that contain information regarding Liability, Damages and other topics. The ABCs of Child Injury - Legal Rights of the Injured Child - What Every Parent Should Know - has chapters on Automobile Accidents, Day Care Center Injuries, Theme Park Injuries, and other topics. Get this book for free at The ABCs of Child Injury. Florida Day Care Center Injuries - Building Blocks of Knowledge for Parents - has chapters on Day Care Center Regulations, Outdoor Equipment and Playgrounds, Indoor Facilities, Record Keeping, Emergency Procedures, and other topics. This book will be released in February 2012. Visit the Wood, Atter & Wolf Website in the near future to get a free copy of this book. If you have a question or concern about a child injury and or the valuation of the same, contact a Florida child the injury lawyer for advice, consultation, and legal representation. All initial consultations are free of charge and all of these cases are handled on the contingency basis meaning that there will be no payment of fees unless there is a financial recovery for the injured child.

In Florida, special needs children are admitted and enrolled in public schools and private schools. When a school accepts a special needs child for enrollement, the school staff and administration should be well aware of the requirements and abilities of the special needs student well advance of the child's admission into the school. Because of this, staffing and other accommodations should be arranged and coordinated in advance and put in place for the education and supervision of the special needs child. The safety of the special needs child should be given top priority. Teachers, aides, and school administrators should put in place safety precautions so that injuries are prevented or at least limited in the school setting for the special needs child.

Unfortunately, many special needs children are injured in the school setting due to improper supervision, unfafe classrooms, unsafe playground equipment, and, in some instances, due to bullying acts of other students and / or even staff members. An understanding of the special needs child education plan is vital for all staff members involved with the supervision of the child. This includes teachers, aides, administrators, cafeteria support staff, bus drivers, and other staff members.

When a special needs child is injured in the school setting, a parent is often faced with many challenges and concerns. The book titled - The ABCs of Child Injury - Legal Rights of the Injured Child - What Every Parent Should Know - has chapters on School Injuries, Day Care Center Injuries, Playground Injuries, and other topics. A parent of a special needs child can obtain this book for free at the The ABCs of Child Injury. When a child is injured in a school setting due to the negligence of the school, the parent should contact a Florida child injury attorney for legal advice and representation.

A Florida child personal injury lawyer can assist the parent with the issues of liability, medical bills, pain, suffering, lots of enjoyment of life, and other issues that arise with respect to these legal matters. It is important that the special needs child is represented by a child injury lawyer so that compensation is obtained for these damages and actions are taken in the future so that the special needs child is better supervised and protected in the school setting.

In Florida, special needs children at times suffer injuries on playgrounds located at schools, day care centers, parks, and other locations. When a special needs child suffers a personal injury in a playground, a parent is often faced with many challenges in concerns. A number of questions and issues are raised when a special needs child is injured while under the care and supervision of others.

*How was the special needs child injured?

*Could the injuries that were sustained on the playground have been avoided?

*What supervision was provided to the special needs child?

A person or facility undertaking the responsibility to supervise and provide care for a special needs child should have an understanding of the child needs and abilities. This is especially important when the special needs child is on or near a playground. Some of the equipment on the playground may be perfectly suitable for the special needs child. Depending on the child, some forms of playground equipment may be beyond the child's abilities if proper assistance or supervision is not provided. For instance, monkey bars maybe extremely difficult for a particular special-needs child to transverse. If the special needs child is using the monkey bars, it may be appropriate for that particular child to have one-to-one assistance. When a special needs child is injured on the playground, there may be a claim or legal case to pursue on the special-needs child behalf. Each case must be evaluated on its own its own merits. Just because a special needs child is injured on a playground does not mean that there is a case or claim to pursue. Whether not there is a viable legal claim to pursue should not be decided alone by the parent. A Florida child personal injury lawyer should be contacted to review the facts and circumstances of the injuries and the relevant Florida laws in place.

The book titled - <strong>The ABCs of Child Injury - Legal Rights of the Injured Child - What Every Parent Should Know - has chapters on Playground Injuries, Day Care Center Injuries, School Injuries, and other topcis. You can get this book for free at The ABCs of Child Injury. Another book will soon be available as well for parents looking for information regarding injuries to special needs children. This book is titled Florida day Care Center Injuries - Building Blocks of Knowledge for Parents. This book will be available in February 2012 to special needs parents and other parents of injured children looking for answers and information.

If there is a question about a child injury whether it involves a special needs child or another child, contact the child injury lawyers at Wood, Atter & Wolf, P.A. for advice, consultation, and legal representation. The personal injury attorneys at Wood, Atter & Wolf, P.A. have been representing special needs children and their families since 1957.

In Florida, children are the unfortunate victims of accidents as pedestrians, bicyclists, or scooter riders. When a child suffers serious personal injuries in an accident caused by the negligence of a driver, there are many challenges faced by both the child and the family. First and foremost, the medical needs of the child should be met. The medical care may involve fire rescue paramedics, emergency room personnel, orthopedists, neurologists, surgeons, therapists, and other medical professionals. Once the initial medical needs of the child are met, the parents are often faced with the issue of payment of bills and then follow up care. Soon after accidents, parents are often contacted by investigators, insurance adjusters, and others seeking information regarding the child and the parents. At these most challenging times, it is often helpful to have the advice, consultation, and representation by a Florida Child Injury Lawyer. An experienced attorney in child injury cases can advise a parent as to issues including medical bills, medical treatment, insurance coverage, insurance claims, legal rights, compensation, damages, and other matters. These legal claims / legal cases are handled on a contingency basis (i.e. No Recovery - No Fees). Because of these available attorney fee arrangements, parents are able to secure the services of a qualified Florida personal injury without having to pay any money up front to the attorney for investigation or representation.

There are three basic issues that are part of most every child injury case involving a child pedestrian, child bicyclists, and child scooter rider.

1. Liability. This refers to the part of the case involving fault. Florida is a comparative fault type of state. In other words, the attorney for the child injury victim does not have to prove that 100% of the fault was attributed to a particular driver. Even if the child victim is partially at fault (in addition to the driver's fault), a case / claim for personal injuries can still be pursued. In determining the liability, fault, and / or responsibility for a particular accident or incident, the investigation may include review of the police report and accident scene. In addition, if there were witnesses to the accident, statements can be taken as well. While it is helpful if the police officer issues a traffic citation to the alleged at fault driver, the issuance of a traffic citation is not required to pursue claim for personal injuries. Because of the issue of liability can be quite confusing and complicated, it is often times helpful to hire a Florida personal injury attorney to review the facts and details of the accident.

2. Damage. This typically refers to injuries sustained by the child as a result of the bicycle, pedestrian, or scooter accident. The value of the case is usually contingent on the extent or seriousness of the injuries. Factors that may be considered include the following: length of the medical treatment, type of medical treatment, diagnostic testing results, permanency of the injuries, the manner in which the child's life has been affected or disrupted, the need for future care, the need or performance of surgery, extent of scarring, extent of disfigurement, and other factors. A one time emergency room visit is valued much differently than a case involving a year of treatment and many specialists.

3. Automobile / Liability Insurance. If a liability can be proved and the damages or injuries warrant the pursuit of a legal claim / legal case then practical considerations must be considered. One major practical consideration involves the availability and amount of automobile / liability insurance. While there are Florida laws in place that require an owner of a vehicle to maintain automobile insurance, the basic or minimal requirements are typically insufficient to properly compensate a child injury victim. Because of this, it is important for a parent to determine the amount and type of coverage that are in place for a particular injury or accident. Hopefully, the vehicle owner or driver purchased a policy in excess of the minimal requirements. A Florida personal injury lawyer can help a parent review the available insurance and advise the parent as to the practicalities of a particular claim or case.

The Associated Press recently reported that a 6 year old boy suffered serious personal injuries when he was hit on scooter in Broward County, Florida. The driver of the vehicle had hit another vehicle and the boy as well. Its appears that the at fault driver ran a stop sign according to the Broward County Sheriff's Office. See 6 Year Old Boy Suffers Critical Personal Injuries as a Result of Being Hit by a Vehicle.

In a case like the one mentioned above, it is certainly most unfortunate and tragic that a child was injured as a result of a driver failing to stop at a stop sign. Traffic rules and regulations are in place for a reason. When a Florida traffic regulations or traffic sign / signal is violated, serious accidents can take place. See Florida Traffic Rules, Regulations, and Laws - Frequently Asked Questions. Beyond the liability or fault aspects of this accident, it appears that the injuries or damages are quite serious which then brings us to the final consideration - that of automobile or liability insurance.

My child suffered personal injuries at another person's home is the home owners insurance at public record? This is an excellent question that is often posed to a Florida child personal injury attorney when a child is injured at another person's house. The child injury may take place at a friend's house, a relative's house, or some other person. When this happens, there is often times hesitation or fear of asking the homeowner if there is homeowners insurance or the amount of homeowners insurance. In the State of Florida, public records are not kept as to each homeowners policy that is an effect at any particular time. There is a database for property ownership that is kept by the property appraiser for each Florida county. There is no similar website or database for homeowners insurance in the State of Florida. In order to find out if a person has home owners insurance and the type of homeowners insurance, it is often times necessary to either ask the homeowner for a copy of the homeowners insurance policy or information. Alternatively, an attorney can issue a letter to the homeowner and request that the homeowner forward the letter to the insurance company.

If a homeowner receives a letter from an attorney or another person requesting insurance information, the insurance carrier should be immediately contacted by the homeowner. Under the terms of most insurance policies, the homeowner has a duty to notify the insurance carrier or insurance company when there is a claim or possible claim that may be pursued by an injured person. If a homeowner receives a letter requesting insurance information regarding an insurance policy but fails to timely report this matter to the homeowners insurance company, the homeowners insurance company at a later date may deny coverage because the homeowner failed to cooperate with the investigation. In other words, the insurance company may argue that the homeowner prejudiced the rights and abilities of the homeowners insurance company to investigate the matter and because of this there could be a denial of coverage in the future. Because of the risk in failing to timely notifying homeowners insurance company of a possible claim, the homeowner should immediately report a possible claim or injury to his vizor her homeowners insurance company.

In civil proceedings or lawsuits pursued for personal injuries in the State of Florida, there is no privilege that attaches to the amount of homeowners insurance or the policy information for the homeowners insurance. So in summary, one way or another and accident victim can obtain the home owners insurance information and pursue an injury claim against the homeowners insurance if there is coverage for that particular injury.

Parents of special needs children enroll their children in day care centers so that the children can get the benefit of social interaction with other children, supervision from child care providers, and education from qualified teachers. Special needs children deserve the attention and supervision in a Florida day care center commensurate with their needs and abilities. When a day care center accepts a special needs child for admission and enrollment, the Florida day care center and its staff should be well aware of the needs and abilities of the child. With this knowledge in place, the day care center should have qualified and sufficient staffing and supervision to meet the needs of the child. Each day care center should follow the rules and regulations applicable for the size and type of day care center. Furthermore, the day care center should follow its own written rules and policies regarding the care and supervision of the special needs child as well as the other children enrolled in the day care center.

Unfortunately, special needs children are injured in day care centers when there is a lack of supervision or an unsafe condition which is allowed or permitted to take place in the day care center. If a child is injured in a day care center as a result of the negligence or neglect of a child care provider, a parent can pursue a claim for damages and compensation associated with the child's injuries. It is often times helpful to hire a Florida child personal injury attorney to advise the parents on the respective rights of the injured child.

The book titled - The ABC's of Child Injury - Legal Rights of the Injured Child - What Every Parent Should Know - has chapters on Day Care Center Injuries, School Injuries, Damages and Compensation and other topics. You can obtain this book for free at The ABCs of Child Injury. In addition to this book, another book is available for free for parents titled Florida Day Care Center Injuries - Building Blocks of Knowledge for Parents. This is another good book for parents to review when there is a child injury for information regarding the respective rights of the child and the liabilities of the day care center. Both of these books were written by David Wolf a Florida personal injury attorney with over 20 years of experience. Mr. Wolf believes that each child should be provided a safe learning environment in a day care center.

In Florida and other States, children are the unfortunate victims of accidental shootings.
In Jacksonville, Florida, an accidental shooting of a three year old led to criminal charges in Jacksonville Florida. The three year old was the unfortunate victim of an accidental shooting at home. According to a report by by the Jacksonville Times Union newspaper, the three year old was shot by herself in a home. The gun reportedly was left under a mattress in the home and got into the child's hands. Criminal charges stem in part from the fact that the gun was not secured and there was a lack of supervision involving the child. See Two Adults Charged in Accidental Shooting of Florida Child.

When children are present in a home, it is vital that all weapons are secured and kept out of the reach of the child. Otherwise, accidental shootings can result which in turn lead to serious personal injuries and even the wrongful death of a child. The book titled - The ABCs of Child Injury - Legal Rights of the Injured Child - What Every Parent Should Know has chapters on Damages/Compensation, Homeowners Insurance, Medical Bills and Medical Treatment, and other topics. Get this book for free at The ABCs of Child Injury. When a child is a victim of an accident shooting, there may be a legal claim pursued on behalf of the child against the owner of the gun, the owner of the home, and/or the owner of the business where the accidental shooting took place. Safety is a priority anytime weapons are present in the home or business including schools, day care centers, shopping centers, and other locations were a child may visit. If your child has been the victim of an accident on a shooting, contact a Florida Child Injury Lawyer for advice, consultation, and possible representation for a claim related to the damages resulting from the accidental shooting.

In Florida, children are the unfortunate victims of automobile accidents. When a child is injured in an automobile accident, a parent often times has questions, challenges, and issues as to medical treatment, medical bills, pain and suffering, loss wages and other issues. When faced with these issues, a Florida Personal Injury Attorney / Florida Child Injury Attorney can represent the interests of the injured child and the parents. See Florida Automobile Accident Lawyer.

The book titled - The ABCs of Child Injury - Legal Rights of the Injured Child - What Every Parent Should Know - has chapters on Automobile Accidents, Automobile Insurance, Damages Compensation, Medical Treatment, and other issues that arise when a child is an unfortunate victim of a Florida automobile accident case. Get this book for free at The ABCs of Child Injury.

If a child is injured as a result of an automobile accident, it is vital that a parent seek medical treatment for the child. This may include treatment through the Emergency Room, an Urgent Care Center, Pediatrician, Orthopedist, Neurologist, and other medical professionals. A Florida personal injury attorney typically is knowledgeable as to the availability of medical care for an injured child when there is an automobile accident. Not all doctors treat automobile accident victims and it is helpful to know which ones accept the automobile insurance otherwise known as Personal Injury Protection (PIP) and which ones do not. There are many insurance issues that can arise with treatment and compensation. The handling of the insurance claim can be done by the Florida personal injury attorney.

First and foremost, it is important that the child receive medical care and attention. If the injuries are serious, immediate transport will be required to a local hospital. After discharge from the hospital, it is important that the child receive follow-up care by specialist for the accident related personal injuries. After the child receives the necessary initial necessary medical treatment, a parent is often faced with the issue of payment of bills. In Florida, automobile insurance policies and coverages can be quite confusing. Florida has a set of "No-Fault" laws in place which govern the upfront payment of medical bills. In most cases, the medical bills of the child are covered under the parents automobile insurance policy even if the parents were not responsible or were not at fault for the accident. Your child may be able to recover damages for personal injuries from his or her parents' automobile insurance policy, the owner of the vehicle's policy, the at-fault driver's policy, and / or the owner of the at fault vehicle. The insurance and automobile accident laws can be quite confusing. Because many automobile insurance policies may apply and the laws can be confusing and complicated, it is often times helpful to have the advice, representation, and benefit of a Florida child injury lawyer to guide a parent through the process of an insurance or legal claim.

In Old Town, Florida, a tragic automobile accident was recently reported. Three-month-old Jacob Patterson suffered personal injuries in Old Town Florida automobile accident. The Gainesville Sun reported that Jacob Patterson was a passenger in a parked vehicle that was hit or sideswiped by another vehicle driven by relatives of Jacob. The incident took place on Smith Road near Old Town. As a result of the impact of the vehicle , Jacob was ejected from the vehicle and suffered serious personal injuries. No parent or family member can ever be prepared for the aftermath of an accident or the injuries like the ones suffered by Jacob Patterson. If you have a child who has been injured as a result of the negligence or fault of another person, contact a Florida child injury lawyer for advice, consultation, and legal representation.

In Florida, pedestrians are unfortunately injured while crossing the streets. Some of these Florida pedestrian accidents take place in or near a crosswalk. Other tragic injuries and pedestrian accidents take place when a pedestrian is not using a crosswalk. While a pedestrian should use a crosswalk when accessible, the failure of a pedestrian to use a crosswalk does not mean that legal rights are necessarily waived. Furthermore, a pedestrian, who is injured as a result of the negligence of a driver, can pursue a civil case or claim for damages and compensation even if the pedestrian is hit by a vehicle while the pedestrian fails to use a crosswalk.

When a pedestrian is injured in Florida, it is often times helpful to hire the services of a Florida personal injury lawyer to assist with issues involving insurance, compensation, damages, medical bills, medical treatment, and other matters. A Florida pedestrian personal injury lawyer can also assist the injury victim and family as to the investigation as to the cause, preventability, and fault for the automobile accident / pedestrian accident.

Florida has comparative fault laws in place. In other words, an injury victim can be partially at fault and still be able to collect compensation against a negligent driver for injuries caused by a Florida pedestrian accident. Even if a pedestrian could have or should have used a crosswalk, this does not excuse a driver from an accident caused by negligent driving. Drivers should yield to pedestrians and bicyclists when possible and practical. Just because a crosswalk is not being used does not mean that a driver can speed and / or ignore the presence of a pedestrian or bicyclist in or near the roadway or highway. See also Florida Traffic Laws and Regulations - Frequently Asked Questions.

In Miami, Florida, a tragic pedestrian accident was recently reported.It was reported by the Gainesville Sun and other news outlets that a young boy was killed as he was crossing the street with his family. See P Pedestrians Hit by Car in Miami Florida. The family had been shopping at a local shopping center prior to the pedestrian accident. Since a death resulted from this accident, a full accident investigation will be conducted. It was reported that the family was not using a crosswalk at the time of this incident.

The above case and others still can be pursued by a Florida personal injury attorney. Each case must be evaluated on its own merits and the attorney will consider a number of factors in advising the injury victim and family on a Florida pedestrian accident case.

In Florida, some may think that it is very safe for a child to be transported in the typical yellow school bus. However, many people do not realize the seat belt regulations or the lack of seat belt regulations that have been in place for many years in the State of Florida and other States. Would a seat belt make travel on a school bus safer? Should seat belts be limited to lap belts? Should a seat belt be comprised of both a lap belt and shoulder harness? These are all excellent questions on the issue of school bus and seat belt safety.

Unfortunately, children are the unfortunate victims of accidents involving school buses and automobiles. If a child is injured as a result of a Florida school bus accident, it is often times helpful to consult with a Florida child injury attorney to find out the child's legal rights and the availability of insurance and other forms of compensation for the injured child.

Lap belts are now required on newer school buses. That leaves open the provision of safety belts on older school buses. Furthermore, shoulder harnesses are not currently mandated on either older school buses or newer school buses in Florida.

The National Highway Traffic Safety Administration now requires shoulder harness seat belts on smaller school buses. As to the larger school buses commonly seen in most Florida cities and communities, the NHTSA has left it to the individual States to make the decision as to the provision or requirement of shoulder harnesses and lap belts as part of the safety belt / seat belt for children.

If you have a child attending school and riding a bus, you should find out the following:

What bus will my child be transported on?

What is the size and type of the bus?

What type of seat belts are provided on the bus?

What does State law require as to seat belts on this type and year of bus?

What does Federal law require as to seat belts on this type and year of bus?

What do the local school board rules and regulations provide or require as to transportation and safety during transportation?

Children, who are riding on a school bus, suffer personal injuries when there is a crash that results from the school bus driver's negligence or the negligence of another driver. It is important that all drivers including school bus drivers do their best to avoid driver distraction and obey all applicable Florida traffic rules and regulations. See Florida Traffic Rules and Regulations - Frequently Asked Questions.

See also Manatee County School Bus Accident for a discussion on the Florida and National seat belt rules and regulations.