Florida Child Injury Lawyer Blog

Throughout the year in Florida, there are festivals and parades that allow big towns and small towns alike to celebrate holidays, special events, and local pride, In Monticello, Florida, Ruth G. Dibiase died after being the victim of a crash at the Watermelon Festival.

The Florida Highway Patrol reported that Corteze Woody, 18, of Monticello, Florida was driving 60 miles per hour as he approached the Monticello downtown district. The speed limit in the areas is 25 miles per hour. Woody passed several vehicles before hitting a parked ambulance and SUV. The SUV flipped over. Ms. Dibiase was in the SUV at the time of the impact. This tragedy appears to have been caused by excessive speed and inattention. You can read more about this story at Woman Dies After Being Hit In Parked SUV at Watermelon Festival in Monticello, Florida.

Posted by David A. Wolf | Permalink | Email This Post

Posted In: Automobile Accidents , Traffic Citations , Wrongful Death

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In Florida and other states, it is common for children to bring their toys into cars. Toys give the children something to do and occupy their time while riding in cars. Unfortunately, loose toys can be dangerous if they come near a brake, accelerator, or steering wheel of a vehicle. Some toys can also block vision of the driver. In Orange County, Florida, Robert Reyes was driving on Lake Underhill Road with his two children as passengers. As he was driving a toy rolled under his brake which, in turn prevented Mr. Reyes from being able to stop his vehicle. Thereafter, Mr. Reyes crashed into the gas vents of a local 7-11 convenience store. While the crash may have been unexpected and unpredictable, news reports state that Mr. Reyes was driving on a suspended license for being a habitual traffic offender. You can read more about this story at Rolling Toy in Car Causes Automobile Accident

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Posted In: Automobile Accidents , Traffic Citations

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During summer, teens and other children typically enjoy vacation and the freedom of being out of school. Statistics show that this time period (Memorial Day to Labor Day) involves the 100 most deadly days on the roadway for teens. It appears that summer months are the peak months for teen automobile accident deaths and personal injuries. Some experts believe that teen driving is getting worse over time rather than better. This is due, in part, to additional driver distractions in the form of mobile telephone conversations, text messaging, e mailing, and surfing on iphones, Blackberry devices, and other smart or advanced phones. Parents should warn and instruct their children about the dangers of driver distraction, drinking and driving and other driving habits that can and do result in automobile accidents. You can read more about the dangers of teen driving over summer months at Summer Time - Deadliest Time for Teens on the Road.

Posted by David A. Wolf | Permalink | Email This Post

Posted In: Automobile Accidents , Child Safety , Traffic Citations , Traffic Citations , Wrongful Death

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In Florida, good child care is often difficult to find. In Jacksonville Beach, Florida, a nanny is facing child neglect charges for allowing a 12 year old to drive a vehicle. The nanny handed the keys over to the 12 year old because she was too drunk to drive. While the 12 year old was at the wheel, there was nearly an accident which could have lead to serious personal injuries. Police then pulled over the vehicle. Shelly Rose Brinkley will not be getting any nanny awards for her conduct. Her license, at the time of this incident, had already been suspended for a prior drunk driving arrest. You can read more about this story at Jacksonville Beach, Florida Nanny Too Drunk to Drive.

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Posted In: Alcohol & Drug Issues , Automobile Accidents , Traffic Citations

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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.

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Posted In: Automobile Accidents , Automobile Insurance , Child Safety , Traffic Citations , Trucking Accidents

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Tampa, Florida was the site of a heinous crime recently. A 21 year old man, Richard A. McTear, Jr., is being charged with first degree murder. During a fight with an ex girlfriend, McTear threw her 3 month son from his car out onto Interstate 275 in an area north of Downtown Tampa. McTear had previously beaten the girlfriend and the child at an apartment complex. A news photographer (Jason Bird) for WTVT-TV in Tampa, Florida located the body off of the expressway.

There was a history of domestic violence between McTear and the former girlfriend. This is truly a tragic end of life for an innocent 3 month old child.

Children should be kept out of domestic fights and domestic violence This incident shows the true danger of domestic violence to even the youngest of children.

You can read more about this story at 3 Month Old Tampa Child Beaten and Found Off of Interstate 295 in Tampa, Florida.

Posted by David A. Wolf | Permalink | Email This Post

Posted In: Abuse & Neglect , Automobile Accidents , Crimes Against Children , Traffic Citations , Violent Crimes , Wrongful Death

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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.

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Posted In: Automobile Accidents , Automobile Insurance , Traffic Citations , Trucking Accidents , Wrongful Death

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The Florida Highway Patrol has reported that a 60 year old woman (Rita Willis) died and a 4 year old child (Chloe Castro) was seriously injured in a Flagler County, Florida crash near Bunnell. The accident took place as Ms. Willis attempted to make a left hand turn from Canal Street to County Road 305. Ms. Willis was not wearing a seat belt. The force of the crash threw Willis into the back seat on top of Chloe. The child was taken to Halifax Hospital in Daytona Beach where she was listed in critical condition.

You can read more about this accident at Woman Dies, Child Suffers Serious Personal Injuries in Flagler County, Florida Crash.

Under Florida law, a person making a left hand turn has a duty to yield the right of way to oncoming traffic. Of course, there are exceptions to this general rule when there is a green arrow or other circumstances in place. Since there was a death involved in this crash, the Florida Highway Patrol will conduct a thorough accident investigation to determine the cause and manner of the crash.

Posted by David A. Wolf | Permalink | Email This Post

Posted In: Automobile Accidents , Automobile Insurance , Child Safety , Traffic Citations

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Parking lots in Florida shopping centers and other areas can be dangerous for children and adults alike. People are in a mad hurry to find the best parking spot. Some people would rather drive around in circles and look for a parking spot rather than just take parking spots a little further away. Some shoppers even go to the extreme of having a friend or family member stand in an open parking spot to save the parking spot. This can be a dangerous thing to do. People can be quite mad and possessive over parking spots that they think belong to them or that they find first. In Lee County, Florida, Miguel Angel Neira was charged with misdemeanor battery. Mr. Neira was accused of hitting a man in the knees with his vehicle over a dispute involving - yes you guessed it - a parking spot. Unfortunately for Mr. Neira, there were also independent witnesses to the incident.

You can read more about this story at Man Hit by Car While Trying to Save a Parking Spot in Lehigh Acres (Lee County) Florida.

Be a role model for your children and park in available parking spots. Walk the extra distance rather than get in an argument over a parking space.

Posted by David A. Wolf | Permalink | Email This Post

Posted In: Automobile Accidents , Child Safety , Traffic Citations

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Gabriel Delrisco caused an accident that killed three children. Delrisco was arrested for DUI after he was released from a hospital. His blood alcohol level was .239 which is approximately three times the legal limit. Mr. Delrisco's driving record was terrible. It has been reported that he had 26 previous driving citations and one prior DUI in 2001. A judge held Mr. Delrisco without bond until trial when the judge determined that Mr. Delrisco was a danger to the community. Mr. Delrisco rearended a vehicle occupied by the Serrano family that was stopped a red light. A candlelight ceremony was recently held in Homestead, Florida for the Serrano family. The family deserves the support of the community. It is certainly a tragedy that the Serrano family is mourning the death of three children who died as a result of the careless, reckless acts of a drunk driver. You can read more about this story at Miami, Florida Man Charged with DUI for the Deaths of Three Children.

Posted by David A. Wolf | Permalink | Email This Post

Posted In: Alcohol & Drug Issues , Automobile Accidents , Automobile Insurance , Child Safety , Traffic Citations , Traffic Citations , Wrongful Death

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A school bus driver from Pinellas County, Florida rear ended a vehicle properly stopped for an emergency rescue vehicle. Bus driver, Linden Brown, was issued a traffic citation for the crash. Two students from Bay Pointe Elementary School were taken to a local hospital for medical treatment following the school bus / automobile accident.

This accident shows the importance of pulling over for emergency rescue vehicles. All drivers including school bus drivers have a duty to obey these rules of the road. Children depend on school bus drivers for their safety every day. You can read more about this story at Pinellas County School Bus Driver Cited for Careless Driving.

Posted by David A. Wolf | Permalink | Email This Post

Posted In: Automobile Accidents , Automobile Insurance , Child Safety , Education , School Safety , Traffic Citations , Traffic Citations

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Seven students from the Pine Ridge Education Center in Broward County, Florida suffered personal injuries when another driver rearended their school bus. According to reports, the school bus was stopped at a red light. How could the other driver have not seen the school bus? Many rear end accidents in Florida result from driver inattention, distraction, and excessive speed for the road and traffic conditions.

Pursuant to Section 316.0895, Florida Statutes - Following Too Closely, a driver shall not follow behind another motor vehicle more closely than what is reasonable and prudent. What is reasonable and prudent under this statute? It all depends on the speed of the vehicles, traffic, road conditions, and other circumstances. Florida law presumes that a driver that rear ends another vehicle is negligent unless there is a viable excuse or explanation for the accident.

You can read more about the school bus accident in Broward County, Florida at Seven South Florida Students Injured in School Bus Accident.

Posted by David A. Wolf | Permalink | Email This Post

Posted In: Automobile Accidents , Child Safety , Education , School Safety , Statutory References (Florida) , Traffic Citations , Traffic Citations

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A crash on the Buckman Bridge in Jacksonville / Orange Park, Florida has left one man dead and three injured according to the Florida Highway Patrol. The FHP reports that Jhony Nunez-Serrano was stopped hearing Northbound in the emergency lane at about 3:45 a.m. Another man, John Dame Robinson, of Green Cove Springs, crashed into the Nunez-Serrano vehicle. As a result of the crash, Mr. Nunez-Serrano died and three others were injured. The Florida Highway Patrol will complete a death investigation into this matter to determine the causes and contributing causes for the crash. Mr. Nunez-Serrano reportedly had mechanical problems with his vehicle and pulled into the emergency lane. It is uncertain and unknown at this time why James Dame Robinson was in the emergency lane. It is also certain if Jhady Nunez-Serrano put his caution / flashing lights on when he pulled over.

Toxicology testing will be completed for each driver to determine if drugs or alcohol played any role in this accident. In Florida, automobile accident cases are subject to comparative fault negligence laws. In other words, a jury can apportion fault between two or more people or Defendants if the jury determines more than one party was at fault. The Florida Highway Patrol report is important but is not binding for a civil case by an injured party. As such, an injured party can retain his or her own attorney and accident reconstruction expert to pursue a civil action regardless of the conclusions of the Florida Highway Patrol investigation, report, and conclusions.

You can read more about this unfortunate crash at One Dead, Three Hurt in Early Morning Buckman Bridge Crash in Jacksonville / Orange Park, Florida.

Posted by David A. Wolf | Permalink | Email This Post

Posted In: Automobile Accidents , Automobile Insurance , Traffic Citations , Wrongful Death

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A tragic automobile accident took place in Miami, Florida. The Florida Highway Patrol reported that a father was driving a mini van that was rear ended by a SUV. The father, Hector S. Serrano, was stopped at a red light when he and his children were rear ended by a SUV driven by Gabriel Delrisco. The children, Hector Serrano (age 10), Esemeralda Serrano (age 7) and Amber Serrano (age 4) were pronounced dead at the scene.

Officials with Florida Highway Patrol and Metro Dade Police will further investigate this case to determine if alcohol or drugs played a part in the accident. It is most unfortunate that innocent children had to die as a result of what appears to be careless driving in this rear end accident. You can read more about this story that was reported in the Miami Herald and the Associated Press at Three Children Dead in Rear End Crash in Miami, Florida.

Posted by David A. Wolf | Permalink | Email This Post

Posted In: Automobile Accidents , Child Safety , Traffic Citations , Traffic Citations , Wrongful Death

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Lamesha Nicole Ware was reported to lead police on a car chase for 5 minutes in Treasure Island Florida. She was arrested for driving 20 miles over the speed limit and for child abuse, fleeing and eluding and driving with a revoked license. She was place in the Pinellas County Jail with a $20,000 bond. It appears that Ms. Ware fled the police because she was had a revoked driver's license. Driving recklessly through the streets of any Florida city puts children in the vehicle at risk as well as children in other vehicles and children pedestrians. There have been many incidents where a police chase has led to serious personal injuries and even death. Drivers should pull over when required to by police. You can read more about the police chase and crimes of Lamesha Nicole Ware at Police Chase in Treasure Island Florida Leads to Arrest.

Posted by David A. Wolf | Permalink | Email This Post

Posted In: Abuse & Neglect , Automobile Accidents , Child Safety , Crimes Against Children , Traffic Citations , Traffic Citations

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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.

Posted by David A. Wolf | Permalink | Email This Post

Posted In: Automobile Accidents , Education , School Safety , Traffic Citations , Traffic Citations , Trucking Accidents

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Running a red light is a traffic violation. It can also lead to the death of innocent victims like Jayla Lee who was killed in a traffic accident that took place in Lake Wales, Florida. Mitchell Andrew Hilkemeyer ran a red light and crashed into the 1999 Chevrolet driven by Nicole Pounds and her passengers which included Jayla Lee. Jayla was seated in a child safety seat at the time of the crash. The Florida Highway Patrol reported that Jayla died at the scene.

It is a tragedy that a child dies and others sustained serious personal injuries when a driver runs a red light. This story shows the importance of following the rules of the roads and traffic devices. Take a few extra minutes each day to follow the rules of the road and traffic signals. It may take you a few minutes longer to get to your destination but these simple acts of following the law and traffic regulations can truly save lives. You can read about this story at Baby Killed in Central Florida Car Crash.

Posted by David A. Wolf | Permalink | Email This Post

Posted In: Automobile Accidents , Automobile Insurance , Child Safety , Traffic Citations , Wrongful Death

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A Miami, Florida taxi driver who fatally hit girl at the Miami International Airport will not be charged with a traffic citation or a criminal violation according to news reports. A 6 year old fell off a luggage cart and into a commercial lane of traffic at the airport and then was hit by a taxi cab driver.

I have personally been to and in the Miami International Airport many times over the years. It is a very busy airport that has several lanes of travel and parking. Speed limits are reduced when traveling in areas with many pedestrians. I also believe that there are numerous video cameras posted in and around the airport that may have captured this unfortunate tragedy on video.

In Florida, the pursuit of a civil case or insurance claim is not dependent on the issuance of a traffic citation. In other words, Florida law does not put all of the power and judgment for fault for an accident in the hands or mind of the police officer or State Attorney for that matter. Each accident must be evaluated on its own facts or circumstances. It is often helpful to have the incident reviewed by a private investigator, accident reconstruction expert, and / or a private attorney especially when serious injuries or death result from the accident.

In this busy travel season, please slow down when driving through airports or any busy area. The health, safety and welfare of our children and other passengers are far more important than saving a few seconds or minutes on your trip. Slow down for children and be safe this holiday season and at all other times of the year.

This story was reported by the Miami Herald and Associated Press at Taxi Cab Driver Who Fatally Hit Girl at Airport Will Not Be Charged for the Accident.

Posted by David A. Wolf | Permalink | Email This Post

Posted In: Automobile Accidents , Child Safety , Traffic Citations , Traffic Citations

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Teen fathers do not always turn into the best parents when they are older in Florida in other States. This point is illustrated by the arrest of Joshua James Fagan (Age - 27) who was arrested in Cape Coral, Florida. Mr. Fagan had been drinking and allowed his 9 year old son to drive Fagan's truck to a liquor store. This incident could have lead to tragedy and an accident with serious personal injuries or even the possible death of an incident victim. Fagan was found by police who reported that Fagan speech was slurred and there was a strong odor of alcohol on is breath. Fagan was charged with allowing an unlicensed minor to drive and for child cruelty that could result in mental or physical injury to the child. Obviously, there are a number of things wrong with this incident. First, parents should not drink to intoxication when there children area around. It is a bad example. Furthermore, a parent cannot adequately supervise and guide a child when the parent intoxicated. A parent would not leave his or her child with an intoxicated teacher, day care provider or coach. So, why would a parent chose to be intoxicated around his or her child? Mr. Fagan also put his son in danger. Giving the car keys and permission to drive to a 9 year old is just a bad idea. In Indiana Jones and the Temple of Doom, Short Round (Indiana's young side kick) drove a car under gun fire through the streets of Shanghai. Folks, this was just a movie. People should not try this at home, near their home, on vacation, or to take a trip to the local liquor store. Mr. Fagan hopefully will learn a lesson from this incident as should other fathers, mothers, and caregivers of children in Florida. You can read more about the Drunk Driving incident involving Mr. Fagan and his son at Drunk Dad Gets Ride to Liquor Store with 9 Year Son.

Posted by David A. Wolf | Permalink | Email This Post

Posted In: Alcohol & Drug Issues , Child Safety , Crimes Against Children , Traffic Citations , Traffic Citations

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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.

Posted by David A. Wolf | Permalink | Email This Post

Posted In: Automobile Accidents , Automobile Insurance , Traffic Citations , Traffic Citations , Trucking Accidents , Wrongful Death

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Jacksonville, Florida is the biggest city (land mass) in the country. Like other large metropolitan areas, Jacksonville has some busy streets. Blanding Boulevard is a major street that runs through two counties (Duval and Clay). A bicyclist was critically injured when he was hit by a car at approximately 10:00 p.m. in the evening. Police reported that it did not appear that driver's negligence played a role in the accident. Sergeant Knox of the Jacksonville Sheriff's Office completed the investigation of the accident. Sergeant Knox's assessment of the accident may be completely accurate and complex. However, many people do not know that the investigating officer can make a decision as to citations but has no power to make a decision as to civil liability or insurance coverage. In most cases, the police accurately assess an accident. As such, insurance companies are apt to follow the analysis and assessment of the police officer. In civil cases, neither the traffic citation nor the officer's assessment of fault is admissible in most cases. If there is any question or confusion about a traffic citation, negligence, automobile accident related injuries, bicycle accident, or liability insurance coverage and payment, it is helpful to have a Florida Personal Injury Lawyer / Attorney review the facts of the case and provide advice as to these issues. See Bicyclist in Jacksonville Florida Critically Injured After Accident on the Westside.

Posted by David A. Wolf | Permalink | Email This Post

Posted In: Automobile Accidents , Automobile Insurance , Bicycle Injuries , Traffic Citations , Traffic Citations

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A 69 year old driver and his 68 year old wife were the victims of an act of road rage recently. The driver sustained a bullet injury to his arm and was taken to Baptist Medical Center South in Jacksonville, Florida for treatment. The couple noticed the pick up truck was tailgating them prior to the shooting. Apparently, the driver of the pick up truck was angry with the couple and took his "road rage" out on them by shooting at them. We do not live in a world of Grand Theft Auto which is a popular video game where the driver runs over people and shoot them. Unfortunately, there is little information available for the suspect as the couple did not obtain the suspect's tag number or even the State where the truck was from.

Road rage incidents like these are hard to prevent and predict. Since we cannot predict the intentional or negligent actions of other drivers and many at fault driver will flee the scene, it is advisable to have Uninsured Motorist insurance in place to have that added insurance coverage for injuries, medical bills, and pain and suffering caused by an uninsured, underinsured, or phantom / fleeing driver / vehicle. Stay safe on the roads. Hopefully, the rest of you will have the good fortune of keeping away from unstable drivers who have a habit of waving and shooting their guns.

Posted by David A. Wolf | Permalink | Email This Post

Posted In: Automobile Accidents , Automobile Insurance , Gun & Firearm Safety and Injuries , Traffic Citations

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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.

Posted by David A. Wolf | Permalink | Email This Post

Posted In: Automobile Accidents , Automobile Insurance , Child Safety , Education , School Safety , Traffic Citations , Traffic Citations , Trucking Accidents , Wrongful Death

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In St. Augustine, Florida, a 46 year old motorcyclist - Rick W. Roupp - sustained critical injuries when a vehicle driven by 20 year old Tabbatha Roux attempted a left hand turn into the right of way of the motorcyclist. The motorcyclist was not wearing a helmet. As a Jacksonville and St. Augustine, Florida Personal Injury Lawyer / Attorney, I have handled and investigated many motorcycle accidents of this nature. From a legal standpoint, the liability must be evaluated and insurance policies must be reviewed. The rights of the injured party from a personal injury standpoint should be pursued and enforced if necessary. The at fault driver may be facing a traffic citation or possibly criminal charges depending on the nature of the accident and the investigation of the Florida Highway Patrol, St. Johns County Sherriff's Office, and / or the City of St. Augustine Police Department. The article was posted at the Florida Times Union - St. Augustine Motorcyclist Critical After Accident. There were several people who posted their thoughts and opinions of this accident. Some were motorcycle riders and some were not. People definitely have strong opinions as to the safety of riding a motorcycle and whether a helmet should be worn or not. There are financial responsibility laws in Florida that require a person to wear a helmet OR have a $10,000 in medical / health insurance in place if there is an accident. See Section 316.211, Florida Statutes. As such, the motorcycle rider who was recently critically injured was not legally required to wear a helmet if he had the correct insurance in place. Whatever the facts or opinions in this case, it is a tragic accident. See also St. Augustine Motorcycle Accident Kills Rick W. Roupp.

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Posted In: Automobile Accidents , Automobile Insurance , Motorcycle Accidents , Statutory References (Florida) , Traffic Citations

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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.

Posted by David A. Wolf | Permalink | Email This Post

Posted In: Alcohol & Drug Issues , Automobile Accidents , Automobile Insurance , Bicycle Injuries , Motorcycle Accidents , Pedestrian Injuries , Traffic Citations , Traffic Citations , Trucking Accidents , Wrongful Death

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Two teenagers were airlifted to Shands Jacksonville following an accident that took place on August 19. Driver Bradley Meister (Age 17) and passenger Ashley Curry (Age 17) were injured when Bradley Meister overcorrected his driving after running of the right shoulder of the roadway on Woodlawn Road. Both teens were airlifted to Shands. The other vehicle involved in the crash was driven by Kathy McDonals (Age 40). Ms. McDonals suffered minor injuries. Trooper D.L. Myers of the Florida Highway Patrol reported the facts regarding the crash. The story was reported in the Baker County Press - Two Airlifted to Shands. In accidents like this one, there are a host of legal issues involving insurance, medical bills, and medical treatment. The airlift was very costly and will expend a good bit of the available medical benefits under the automobile policy. If you or a family member needs advice and consultation on an injury related automobile accident, it is important to hire a trainedFlorida personal injury lawyer to guide you through the process.

Posted by David A. Wolf | Permalink | Email This Post

Posted In: Automobile Accidents , Automobile Insurance , Traffic Citations

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In Jacksonville, Florida and other areas of Florida, it can be quite dangerous to be in or near a car that is pulled off on the side of the road. On August 19, 2008, Terrance Fowler, age 36, was standing beside his car with the driver's door open when he was hit by a car driven by Maria Fonsica, age 41, of St. Augustine, Florida. This incident was reported by Matt Coleman, a writer with the Florida Times Union newspaper / web site. This death shows the importance of driving slow and moving to another lane when a vehicle is parked or disabled on the side of the road. The accident took place near Lem Turner Road and Interstate 295. The incident is under investigation by the Florida Highway Patrol. If you or someone you know has been the victim of an automobile accident, it is important to get the advise, counsel and representation of an experienced Florida personal injury lawyer to advise you of your respective rights. The death of Terrance Fowler is certainly a tragedy that the family will have to deal with especially since Mr. Fowler died at such a young age.

Posted by David A. Wolf | Permalink | Email This Post

Posted In: Automobile Accidents , Automobile Insurance , Pedestrian Injuries , Traffic Citations , Wrongful Death

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The University of Florida is a great school. I received both my undergraduate degree (Finance) and my law degree at the University of Florida in Gainesville, Florida. Go Gators! In addition to academic excellence and a great football, basketball, and baseball team, Gainesville and the University of Florida is also well known for partying and drinking. While a good party can be fun, it can also bring about well known and unfortunate consequences in the form of underage drinking, alcohol poisoning and other injuries, DUI (Driving Under the Influence), automobile accident personal injuries, and wrongful death. The drinking age in Florida is 21. It is clear and simple. The reason for the age limit is to protect children under 21 from the dangers of alcohol. The poor judgment of a child is only amplified by the use and overuse of alcohol. A City of Gainesville Florida official wants new regulations for the issuance of business permits for establishments that serve alcohol and admit patrons between the ages of 18 to 21. You can read more about this development at Gainesville Florida Official Wants Crackdown of Underage Drinking.

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Posted In: Alcohol & Drug Issues , Automobile Accidents , Child Safety , Traffic Citations , Traffic Citations , Wrongful Death

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Florida scooter, motorcycle, and bicycle riders are at risk for injury and death when hit by another vehicle. This is especially true when the rider is hit by a truck. Patricia Peace, age 49, died after the scooter that she was riding was rear ended by a vehicle driven by Jonathan Pearson, age 43, of Ormond Beach.

According to Florida Highway Patrol, Ms. Peace was ejected from the scooter. The story as reported in the St. Augustine Record newspaper did not indicate the road, traffic conditions, or speed of the 2004 Dodge Ram Truck. Apparently, there was enough speed and force to cause the death.

It is also uncertain from the report whether Ms. Peace was wearing a helmet. There are obviously more legal issues involved with this matter. Newspapers do a fine job of reporting the basic facts but cases of this nature involve a host of legal issues that can be handled by an experienced Florida personal injury lawyer. Regardless of the outcome of the legal issues, the accident was a tragedy for all persons and families involved.

Posted by David A. Wolf | Permalink | Email This Post

Posted In: Automobile Accidents , Automobile Insurance , Bicycle Injuries , Motorcycle Accidents , Traffic Citations , Wrongful Death

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James Vincent Lehosit, of Jacksonville, Florida died recently in an automobile accident in Clearwater Florida. Another driver (Casey Felix Schwartz) reportedly failed to stop at a signal light and struck the vehicle occupied by Mr. Lehosit. The impact and trauma from the crash caused the death of Mr. Lehosit. Clearwater police are investigating the accident. Charges are pending further investigation which may include driving under the impairment and manslaughter.

While the Clearwater Police will be conducting its own investigation, it may be beneficial to have a private accident reconstruction expert or a Jacksonville personal injury attorney to piece together the accident. The vehicles should be placed in a secure compound or towing area pending this investigation.

Traffic signals should be obeyed for the safety of everybody. Saving a few minutes just to push through a light is not worth it. It is certainly not worth injury or loss of life. Unfortunately, many automobile accidents, trucking accidents, bicycle accidents, and pedestrian injuries result by the failure of a person to obey rules of the road and traffic devices.

Posted by David A. Wolf | Permalink | Email This Post

Posted In: Alcohol & Drug Issues , Automobile Accidents , Traffic Citations , Traffic Citations , Wrongful Death

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A picture speaks a thousand woods. This saying is especially true for an auto / bicycle accident that took place in Monterrey Mexico. A drunk driver fell asleep at the wheel and crashed into a group of bicycle racers. One bicycle racer was killed and many others suffered personal injuries as a result of the negligence of a drunk driver. The photograph in this month's newsletter is amazing and tragic. Take a look at the photo and this month's newsletter, read my comments, and send me an e mail with your thoughts.

Posted by David A. Wolf | Permalink | Email This Post

Posted In: Alcohol & Drug Issues , Automobile Accidents , Automobile Insurance , Bicycle Injuries , Drunk Driving (DUI) , Traffic Citations , Wrongful Death

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Graduating high school is an accomplishment and part of the life cycle in Jacksonville Florida. Children and parents alike celebrate and look forward to the joys of summer. Unfortunately for some children and families in Jacksonville Florida, the celebration can turn into personal injuries, wrongful death, and / or prison.

Alcohol should not be served to or consumed by a person under the age of 21 in Florida. The reason for the law is to keep alcohol away from children who drive cars and otherwise wreak some havoc in the spirit of having fun, being obnoxious, or just being stupid. When you mix alcohol and immaturity, you can a bad result.

Providing alcohol to minors is a second degree misdemeanor punishable by a $500 fine and up to 60 days in jail. Getting arrested should not be the only deterrent for parents and other adults. The safety of children and others should also be considered. Drunk driving deaths and injuries are prevalent in Jacksonville Florida and other communities. Many of these incidents result from underage drinking.

Throw a party. Celebrate graduation. Keep alcohol away from children. It may be easier to throw an alcohol free party. Yes, keep alcohol away from the adults as well. Sometimes, safety is more important than getting a buzz.

Matt Coleman, a Florida Times Union writer, wrote a good article about graduation parties and the problems created by underage drinking. You can read the article at Careful What You Serve to Graduates.

Posted by David A. Wolf | Permalink | Email This Post

Posted In: Alcohol & Drug Issues , Automobile Accidents , Child Safety , Drunk Driving (DUI) , Traffic Citations , Traffic Citations , Wrongful Death

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A Jacksonville Florida day care center (Kids Creation Day Care) was caught by local officials cramming 38 children in a bus / van with a capacity for 15 children. An employee at Chuck E. Cheese observed the overloaded bus / van and called the police. The employee should be commended for identifying the problem and contacting officials. Too many day care centers and school place Jacksonville Florida children at danger and at risk for injury and death by overloading bus / van transportation. There is no excuse for such acts. Get another van. Pay the money and protect the children. It is fortunate that there were no auto accidents resulting in injury. If you see a problem with the transportation of children by any day care center, school, or other group, call the police. You can read more about this story at Florida Day Care Center Faces Fine After Cramming 38 Tots in a 15 Passenger Van at the AHN (All Headline News) Website by Linda Young.

Posted by David A. Wolf | Permalink | Email This Post

Posted In: Abuse & Neglect , Automobile Accidents , Child Safety , Crimes Against Children , Day Care Centers and Child Care , Education , School Safety , Traffic Citations

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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.

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.

Posted by David A. Wolf | Permalink | Email This Post

Posted In: Alcohol & Drug Issues , Automobile Accidents , Automobile Insurance , Bicycle Injuries , Drunk Driving (DUI) , Motorcycle Accidents , Pedestrian Injuries , Traffic Citations , Traffic Citations , Trucking Accidents

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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.

Posted by David A. Wolf | Permalink | Email This Post

Posted In: Automobile Accidents , Automobile Insurance , Bicycle Injuries , Child Safety , Motorcycle Accidents , Pedestrian Injuries , Traffic Citations , Traffic Citations , Trucking Accidents , Wrongful Death

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Three separate accidents in Duval County, Putnam County, and St. Johns County Florida lead to multiple deaths and serious injuries.

It was a deadly morning on the roads of Northeast Florida as five people died in three separate traffic accidents between midnight and 3:35 a.m. Friday.

In addition to the deaths, six people were hospitalized with serious injuries as a result of one of the accidents, said Lt. Bill Leeper, spokesman for the Florida Highway Patrol.

In Putnam County, 20 year old Anthony McCaskill of Palatka Florida lost control of a 2004 Cadillac. The three occupants of the vehicle (Anthony McCaskill, Debry Coring, and Lamieh Thomas) all lost their lives. None of the occupants were wearing a seat belt. The parents of all the children will be entitled to some insurance and death benefits depending on the available insurance policies and coverages.

More teens died in an automobile accident in Duval County on Interstate 295.

A Saturn driven by 31-year-old Angela Harper of Middleburg went out of control while traveling at a high rate of speed. Jesse Harper, 13, of Middleburg was ejected and died at the scene. Five occupants were taken to Shands with serious injuries. These included Angela Harper, Steven Foster, Michelle Hansen, Kallie Hansen, and Gerald Gribbs. One passenger, Kayla Thompson, 16, of Orange Park, was taken to Baptist Medical Center South. Alcohol is believed to be a factor in this accident.

Another death took place in St. Johns County Florida. A Jacksonville woman was driving south at a high rate of speed on Florida 13 near Switzerland which is located in the Northwest part of St. Johns County. The vehicle went off the road and then hit two trees.

A common thread in these three accidents were high rate of speed and loss of control. Many of the occupants were not wearing a seat belt. While wearing a seat belt is important and the law for front seat occupants, the failure to wear a seat belt is only factor in evaluating a case or claim of this nature.

For more information about these crashes, you can go to the Jacksonville Florida Times Union article at Deadly Crash on First Coast Florida Roads - 5 Dead.

Posted by David A. Wolf | Permalink | Email This Post

Posted In: Alcohol & Drug Issues , Automobile Accidents , Automobile Insurance , Traffic Citations , Traffic Citations , Wrongful Death

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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.

Posted by David A. Wolf | Permalink | Email This Post

Posted In: Automobile Accidents , Automobile Insurance , Motorcycle Accidents , Statutory References (Florida) , Traffic Citations , Trucking Accidents

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A Tuesday afternoon drive by a Grandmother and Granddaughter turned to tragedy due to a Jacksonville Florida Auto Accident. The Jacksonville Times Union reported that Carol Duke, a 66 year old Westside woman, was in critical condition following a crash on Chaffee Road. The Grandaughter, Heather Molina, who was driving, became distracted and caused a collision with oncoming traffic. It appears that the Granddaughter was negligent and should have been paying more attention to traffic conditions.

Interesting legal issues regarding the above incident include the following:

Can a Grandmother file a claim under the Granddaughter's insurance policy?

More broadly, Can a Family Member file a claim or sue another Family Member?

The answers to the above questions depend on the facts and insurance policies involved. Auto Insurance policies are purchased in order to pay for medical expenses, wage loss, pain, and suffering that result from an automobile accident. I believe that if there are insurance benefits available - pursue them even if the incident involves other family members. Generally, there is no immunity for a family member that is negligent and causes harm or injury to another family member resulting from a Jacksonville Florida Auto Accident. Since the injuries can be complicated and dependent on the facts, it is important to consult with a Jacksonville Florida Personal Injury Attorney to determine and discuss your rights or the rights of a family member.

Posted by David A. Wolf | Permalink | Email This Post

Posted In: Automobile Accidents , Automobile Insurance , Traffic Citations

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Florida law is well-established that evidence concerning the issuance of a traffic citation is inadmissible, and that erroneous admission of such evidence is grounds for a mistrial. My firm handled a case in 2000 where the Defense attorney suggested that his client did not get the citation.

The case went to a jury verdict and my firm appeared. We won the appeal since Florida law clearly prohibits the direct or indirect reference to a traffic citation in a civil case. This law was established to give each party and the the jury the ability to argue a case based on the merits and facts rather than the responding officer who in most instances did not witness the accident. The case we handled is reported at White v. Consolidated Freightways Corp., 766 So.2d 1228 (Fla. 1st DCA 2000).

Over the past 17 years, I have handled hundreds of Florida automobile accident cases. Usually, one driver gets a citation in Florida. Clients believe that this means that they will absolutely win the case at trial. I advise clients up front that the accident report and citation will not be admitted as evidence. However, the accident report and citation are usually submitted to the insurance company to show the adjuster who was at fault.

In addition to automobile accident cases, my firm handles traffic citations as well. We have handled traffic citations throughout North Florida and have been successful in avoiding points on licenses, reducing charges, reducing fines, and in some instances getting the citations dismissed. Each citation is evaluated individually and the disposition of the citation can be affected by the county, Judge, driving record, and violations.

If you like more information on automobile accidents, traffic citations or these issues, please contact David Wolf at Wood, Atter & Wolf, P.A., Jacksonville, Florida.

Posted by David A. Wolf | Permalink | Email This Post

Posted In: Automobile Accidents , Traffic Citations , Traffic Citations

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