Florida Child Injury Lawyer Blog

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

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

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

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

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

In Florida, children can be seen in every community riding their bicycles. Whether near schools, parks, homes, or commercial areas, there are many bicyclists including children bicyclists out there. Unfortunately and tragically, some children suffer serious personal injuries and death every year in Florida and other States that result from being hit by a vehicle while riding a bicycle. While helmets and other bicycle safety can help reduce the incidence and severity of an automobile / bicycle accident, a child on a bicycle that is hit by a car often times is left with a serious permanent personal injury. In some cases, a child is hit by a motorist and the driver flees the scene of the accident. The Orlando Sentinel reported an accident involving a 7 year old boy (Maximillian Guerra) of Merritt Island who was hit by a driver who fled the scene of the accident. Rather than stay to render assistance to the injured child, the driver (Bryan Berka) fled the scene but was later arrested by the Florida Highway Patrol after Berka admitted to that he hit the child and left the scene of the accident. While it appears from the news report that Mr. Berka will have an uphill battle defending himself against these criminal charges, Mr. Berka will still be entitled to representation from a Florida criminal defense attorney or the public defender's office. For more information on this story, see Man Struck 7 Year Old Boy on Bike - Fled in Pickup Truck According to Florida Highway Patrol.

It is often difficult for a parent to deal with the myriad of issues presented by a serious personal injury whether caused by an automobile accident, bicycle accident, pedestrian accident or other cause. The book titled - The ABCs of Child Injury - Legal Rights of the Injured Child What Every Parent Should Know has chapters on Medical Bills & Medical Treatment, Damages / Compensation, Automobile Accidents, Day Care Injuries, Sports Related Injuries, Playground Injuries and other topics. You can receive a free book at Free Child Injury Book for Parents Needing Help. The book is also available for $4.99 at Amazon, Barnes & Noble, and Apple i Books. When a child is injured, it is important for the child to have a voice to advocate for the child's rights, safety, and welfare.

During the school year and even summer time, children travel to school in school buses. Many are picked up at a designated Florida school bus stop and dropped off at the same location. Unfortunately and tragically, many Florida children suffer serious personal injuries and death every year while waiting at a school bus stop. It is important for all drivers to slow down any time there are or may be children in a designated area especially at a school bus stop. In Clermont, Florida, it was reported that a boy was hit by a pick up truck while he waited for a school bus in the morning. The boy was later rushed to a local hospital where he died. It was reported in the Miami Herald and other Florida news outlets that the driver did not have a driver's license and may face other charges related to this horrible automobile / pedestrian accident.

The death of a child is an event that will have a life long impact on the family, neighborhood, school and the community. For more information, see Central Florida Boy Struck and Killed at Bus Stop.

Continue reading "Boy Hit by Pick Up Truck Waiting for School Bus in Clermont Florida" »

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

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

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

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

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

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

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

A 52-year-old Alachua County school bus driver, Georgia Merriex, was cited after reportedly running into a car. The Florida Highway Patrol reported that Merriex was headed to Fort Clarke Middle School when a car stopped in front of her bus. Merriex tried to change lanes to avoid the collision but could not stop in time. Only one child on the bus complained of injury, a mild neck pain. All the other children on the bus continued on the trip to school. The driver of the other car did report any injuries. Merriex was cited with careless driver.

Luckily, no one in this collision suffered any severe personal injuries. Hopefully, the one child who did complain of neck pain recovers swiftly. Highways and roads are dangerous places for children. Added to their inherent dangerousness, is the increased amount of traffic during morning and afternoon commutes. All automobile drivers should be aware of their surroundings while driving. Driver distraction should be minimized. School bus drivers have the added responsibility of ensuring safe transportation of every child under their supervision. School bus drivers should be extra cautious so as not to jeopardize the safety of children and others while operating school buses on our Florida roads and highways.

To read more about this accident see Alachua County School Bus Driver cited with Careless Driving.

Teen driving is influenced by 5 major factors: inexperience, distraction, speed, fatigue, and lack of seat belt use.

Inexperience –

One study suggests that about 2/3 of fatal car accidents involve driver error, specifically those stemming from inexperience and distractions. It has been advised that teens should wait 6-12 months before they are allowed to give rides to their friends.

Distraction –

A car with two or more passengers increases a teen driver’s fatal crash risk by 3-5 times. The world of technology has provided drivers, of all ages, with an ample amount of distractions. A driver who uses a cellular device while driving is four times more likely to be involved in a serious car accident and suffer bodily injury.

Speed –

For male drivers, ranging in age from 15-20-years-old, 38% of fatal car crashes involve speeding. It is common sense, speeding kills.

Fatigue –

Driving while tired is the equivalent of driving while drinking. Drivers younger than 25 make up the majority group of fatigue-caused car crashes.

Seat belts –

Drivers of all ages should wear seat belts. Seat belts save lives. Teen drivers who do not wear seat belts are more likely to become a crash statistic than those teen drivers who do.

Parents should communicate to their teens the dangers of driving and emphasize the importance of safety on the road. Driving is very dangerous and everyone should do their part in keeping the roads safe. Beginning drivers should understand the monumental responsibility they take on when they are issued a driver’s license. Inexperienced driving is a major cause of automobile accidents. Car accidents can be devastating to all of those who are involved especially automobile accidents that cause serious personal injuries or wrongful death.

To read more on this topic see Teen Driving Accidents.

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

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

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

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

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

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!

Gabriel Delrisco has been accused of killing three children from Homestead, Florida in a drunk driving incident that took place last year. The children, Hector, Esmeralda and Amber Serrano were killed when Delrisco allegedly ran into the back of their minivan with a blood alcohol level three times the legal limit.

The Serrano family’s attorney has filed a civil lawsuit against the El Paso bar for damages and compensation, charging that employees of the bar should have known that Delrisco was a habitual drinker and refused to serve him. Details of this case and disputes regarding some of the facts were reported in the Sun Sentinel newspaper.

There are factual disputes that may be litigated in the civil case including the following:

How much alcohol did Gabriel Delrisco consume prior to the automobile accident?

Where did Delrisco consume the alcohol?

What individuals / businesses sold or provided alcohol to Delrisco?

Did the individuals / businesses who sold or provided alcohol to Delrisco know that he was a habitual drunk or intoxicated at the time that the alcohol was sold or provided?

Whatever results from the civil suit, the case is tragic in that children died as a result of a drunk driving crash.

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.

Deputies from the Volusia County, Florida Sheriff’s Office were conducting a felony traffic stop when the possibly armed suspect began behaving irrationally. Jorge Garcia allegedly began yelling profanities at the deputies and then got in the back seat of his car and refused to get out. When deputies threatened to use a taser gun on him, the man allegedly got out of the car, grabbed a one year old baby from the backseat and held it in front of him, shouting “tase the baby” at the officers.

The deputies were able to remove the baby from Garcia’s arms without any harm to the child. A woman, Tangeca Garcia, who was a passenger in the car reportedly then got out and attempted to block officers from using their taser guns on Garcia. The deputies were eventually able to tase Garcia so that they could place him under arrest.

Garcia has been charged with child abuse and resisting arrest. Ms. Garcia has also been arrested and charged with resisting arrest. Of course, Mr. Garcia and Ms. Garcia will be entitled to defend themselves through representation from a Florida criminal defense attorney or a public defender. There may be legal defenses to the situation that should be explored by the defense attorney.

Unfortunately, children are put in danger every day by parents and caregivers who engage in reckless and careless activities. Parents and caregivers should to their best to think through the consequences of their actions. Of course, many parents and caregivers have mental health issues that complicate the situation. In these instances, family members, extended family members and when necessary the Court and Florida Department of Children and Families should step in when necessary to protect the interests and welfare o the children.

Read more about the arrest of Jorge Garcia at Cops: 'Tase the baby,' man dared them.

Wood, Atter & Wolf is a full service law firm based in Jacksonville Florida and Ponte Vedra Beach, Florida. Attorneys at the firm handle criminal, family law, business, probate, guardianship, and child personal injury matters. The above reported incident will involve issues involving criminal and family law.

The Florida Highway Patrol takes drunk driving in Jacksonville, Florida and other Florida towns and cities very seriously, saying that it is one of the most deadly crimes. Their motto is "Over the Limit, Under Arrest.” If you get pulled over on suspicion of drunk driving, a breathalyzer and / or field sobriety tests will help officers determine if you are over the legal limit. Drivers found to be drunk face jail time, losing their driver’s licenses, higher insurance rates, and many other expenses.

The Florida Highway Patrol has released some tips so that drivers can determine their own limit before getting behind the wheel. For example, they would like to remind people that one drink is the equivalent of .54 ounces of pure alcohol; that is the amount found in one ounce of 100 proof liquor, twelve ounces of beer, or four to five ounces of wine. Also, it does not take many drinks for the average person to reach the legal limit of .080 blood alcohol content. A 120 pound woman would very likely be well over the limit after consuming three drinks in one hour. A 180 pound man would be over the limit after four drinks in the same time period.

Driving under the influence of drugs or alcohol (DUI) is no joke. It can be harmful or even fatal both for the driver himself and for innocent victims on the road with him. Drivers are urged to contact the Florida Highway Patrol by cell phone at *FHP (*347) to report any dangerous driving behavior. Callers may be anonymous.

Read more about the Florida Highway Patrol’s efforts to cut down on drunk driving at FHP continues holiday enforcement.

If your child has been injured by a driver who was under the influence of drugs or alcohol, please contact our Jacksonville, Florida firm for child injury legal counsel.

According to the Florida Department of Transportation (FDOT), a bicycle lane is defined as “a portion of a roadway (either with curb and gutter or a flush shoulder) which has been designated by striping, special pavement markings, and signing for the preferential use by bicyclists.” Since bike lanes are a relatively new phenomenon, some drivers are unsure of the driving laws surrounding them. Because both adults and children can ride their bikes in designated bicycle lanes, drivers should use caution and make sure they know the rules of the road.

Florida Statute 316.084 applies to cars passing on the right. The conditions under which passing on the right is allowed are as follows:

• When the passed vehicle has stopped and is indicating a left turn;

• When there is unobstructed pavement available of an appropriate width for a
motor vehicle, including one-way streets; or

• When the act of passing the other car may be done safely.

You can read a more in depth analysis of the Florida law as it pertains to cars driving in the bicycle lane at Passing on the Right Using a Bike Lane.

If your child has been injured in a bicycle, car or pedestrian accident, a consultation with a child injury lawyer could answer questions as to traffic statutes, negligence, fault, and responsibility for damages and bills resulting from such an accident.

Continue reading "Sharing Florida Roads with Bicyclists – Is It Legal for Cars to Use the Bike Lane for Passing?" »

According to the Florida Highway Patrol, a Vero Beach, Florida woman, Blanca Idalia Juarez, had two children with her in her car when she lost control of the vehicle and crashed into a canal. She refused to perform a sobriety test at the scene, but is reported to have told officers that she had consumed four alcoholic beverages before getting behind the wheel.

The two children were taken to a nearby Florida hospital for treatment. Their mother was arrested and charged with one count of driving under the influence, two counts of child neglect and two counts of battery on a law enforcement officer.

Ms. Juarez will be entitled to representation on this criminal matter by a Public Defender or a private criminal defense lawyer. In most cases, the interview of a suspected drunk driving suspect is recorded on video tape. Regardless of this evidence, Ms. Juarez can defend herself on these charges and her statements at the scene. The failure to submit to a field sobriety test and / or breath test can be used in the criminal case as evidence along with the fact that there was an accident.

Children are subject to the will of their parents, and as such parents have the responsibility to carefully watch out for their children’s well-being. Consuming four alcoholic drinks and then getting behind the wheel with your young children is not a recipe for a good parenting award. It is fortunate that no one was seriously injured in this accident. You can read more details of Ms. Juarez’ arrest and the charges against her at Woman charged with DUI, child neglect after crash.

In an effort to reduce pedestrian fatalities, Tampa police have launched a campaign to monitor busy downtown crosswalks. The police department plans to warn jaywalkers who violate crosswalk laws and hand out traffic citations to drivers breaking the traffic laws. According to Tampa police, seventy percent of pedestrian fatalities occur when pedestrians are crossing the street improperly. Impatience is believed to be the leading cause of people not wanting to cross in the crosswalk.

Parents should always be very cautious when travelling on foot with their children, and make sure to hold the child’s hand at all times. Children often have poor safety judgment and awareness when crossing streets or walking near traffic. All drivers should practice safe driving habits by keeping a sharp eye out for pedestrians, especially children, who may dart out into traffic unexpectedly. Better awareness on the part of both pedestrians and drivers can help prevent traffic fatalities and personal injuries.

Read more about the Tampa police department’s efforts to cut down on pedestrian accidents at Tampa push to reduce pedestrian fatalities off to a slow start.

If your child has been injured in a pedestrian or automobile accident, please contact our firm for expert child injury legal counsel.