Florida Child Injury Lawyer Blog

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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