Florida Child Injury Lawyer Blog

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.

Florida does not have a booster seat law in place for the protection of children. Florida and just two other states do not have such laws in force. For whatever reasons over time, the proposed bill has not become a law in Florida. Hopefully, the Florida legislators as well as the governor will see it more clearly this time around and pass this bill into law. Anything that encourages parents and caregivers to provide for the safety of a child is a positive move in the right direction. You can read more about the bill to be pursued in 2010 and other facts about the proposed Florida booster seat law at Florida Bill Would Require Car Booster Seats for Children.

A recent Opinion/Editorial piece in the Bradenton Herald served to remind Florida drivers that they need to take more care when getting behind the wheel. The article cited several examples of recent news reports covering drivers who seem to be totally ignorant of the law. Of course, everyone should know that it is against the law that it to run red lights or stop signs, but too many drivers completely ignore, or do not bother to learn, some of the other laws that govern driving in our state.

For example, if a school bus is stopped with red light flashing, all cars in both directions must come to a complete stop so that the children exiting or boarding the bus can do so safely. It does not matter how many lanes the road has, as one young woman who received a $271 ticket believed. It also does not matter if you are on the other side of the road, unless there is a raised median or some other barrier separating the lanes. The Manatee County, Florida Sheriff’s Office recently conducted an enforcement operation near local schools, watching for motorists who ignored this law. Deputies handed out 59 citations for failing to stop. Almost all of the ticketed drivers claimed they did not know they had to stop if they were travelling in the opposite direction of the bus.

Too many children are injured or killed in traffic accidents near schools. Drivers need to be aware of and follow the applicable Florida laws and drive using extra caution and patience when driving near a school or school bus. Drivers who want to be safe, avoid fines and possibly save someone’s life should read the Official Florida Driver’s Handbook and take it to heart. To find out more about frequently overlooked Florida traffic rules, visit Drivers must learn, obey Florida traffic laws.

In Florida, drivers have a responsibility to obey traffic signals and devices. Furthermore, drivers have a responsibility to operate their vehicles in a safe and reasonable manner. Tiger Woods is the world's greatest golfer and a very public figure; however, to the State of Florida Department of Highway Safety and Motor Vehicles as well as to Orlando law enforcement, Tiger Woods is just another driver out on Florida roads. When Tiger Woods drives in a careless manner, he should be treated just like everyone else. As such, Tiger Woods, was recently issued a citation for Careless Driving for the incident that took place in his neighborhood recently. It was reported that Tiger Woods crashed into a fire hydrant and a neighbor's tree in a single vehicle accident in the early morning hours.

Only a few events surrounding Tiger's crash are certain: that it was a single vehicle accident, and that he caused property damage to a fire hydrant and to a neighbor's tree.

Careless Driving is spelled out in Florida Statute Section 316.1925 as follows:

Fla. Stat. 316.1925 Careless driving.--

(1) Any person operating a vehicle upon the streets or highways within the state shall drive the same in a careful and prudent manner, having regard for the width, grade, curves, corners, traffic, and all other attendant circumstances, so as not to endanger the life, limb, or property of any person. Failure to drive in such manner shall constitute careless driving and a violation of this section.

(2) Any person who violates this section shall be cited for a moving violation, punishable as provided in chapter 318.

Read more about this story at Tiger Woods Careless Driving Citation.

There are thousands of incidents of Careless Driving that have been reported by or cited by local police departments throughout the State of Florida. Unfortunately, in many of these incidents, children have been seriously injured and have even died in these automobile accidents. Drive safe on the roads and in residential neighborhoods.

Yamile Campuzano-Martine was on her way to the airport to pick up a relative. She had two children in the car with her. Reportedly, her six-year-old child was riding in the woman’s lap when she lost control of the vehicle and crashed into a fish tank that was part of an exhibit at the Tampa Bay International Airport.

The collision destroyed a 1,500 gallon tank, worth $50,000 - 100,000. The tank held about 30-40 saltwater fish, worth $3,000 - 5,000, none of which were expected to live. The detroyed aquarium was part of the airport’s “El Movimiento del Mar” public art program. TIA reportedly spent $200,000 on the exhibit; the fish and tank maintenance were provided by the aquarium.

Ms. Campuzano-Martine was cited for careless driving, failure to use a child restraint device and failure to provide a driver's license. It appears that no one in the car was injured seriously, and Ms. Campuzano-Martine declined a hospital visit for the six-year-old boy. No one in the airport was injured.

Parents should always make safety and security a priority for children when they are riding in a vehicle. This includes the use of seat belts and child safety seats. According to Florida state law, all passengers of a vehicle under the age of 18 years old must be restrained by a safety belt or child restraint device, and it is the driver’s responsibility to make sure they are in compliance. In this case, the six-year old should have been wearing a seat belt. While it is always important to follow the law, it is even more important to provide for the safety of children when they are in riding in a vehicle.

You can read more about this car accident involving two children at With child in lap, woman drives into TIA fish tank.

A fifteen year old boy from Interlachen (Putnam County) Florida was hit by a pickup truck and critically injured while crossing County Road 315 near Mary Wisham Park on his bicycle last Saturday afternoon. At the time of the accident, the boy was trying to cross from the sidewalk on the west side of the road to the entrance of the park on the east side. Apparently the boy crossed the road just as the southbound lane cleared, without checking the northbound lane for oncoming traffic. He was hit by a pickup truck in that lane and sent flying onto the shoulder of the road. The driver of the pickup, sixty two year old Samuel Hancock Jr. of Satsuma, Florida, pulled over immediately to check on the boy. The driver was wearing his seat belt and was not injured. No charges have been filed by police.

Children often have poor safety judgment and awareness when crossing streets. Many accidents and injuries caused by car accidents can be avoided by slower driving, more attentive driving, and safety awareness by both driver and pedestrian or bicyclist. In this case it appears that the driver did nothing wrong, but a bit more caution on his part might have prevented the accident. Drivers should pay close attention to traffic, road conditions, and pedestrians when driving on Florida roadways. Parents need to take the initiative as well, and teach their children proper safety precautions when crossing roads on foot or on a bicycle.

Read more about this car accident at Teen bicyclist hit while crossing county road.

Text messaging is an engaging and somewhat addicting activity. People of all ages are texting day and night even when they are driving. It is well known that texting while driving can and does cause driver distraction. As a result thereof, there have been many automobile accidents reported in Florida and other States caused by text messaging related distracted driving crashes. In Bartow, Florida, Polk County Deputy Sheriffs arrested a man (Stephen Wade Horne) for reckless driving involving serious injuries that were caused to Emmanuel "Manny" Mejia (age 20). Mr. Horne failed to stop for a Florida Refuse garbage truck and, in turn, hit Mr. Mejia. Mr. Mejia was rushed to Lakeland Regional Medical Center for emergency treatment related to these most serious personal injuries.

You can read more about this story at Text Messaging and Driver Distraction - Arrest Made in Bartow Florida - Reckless Driving.

Angela Stone’s daughter, Shelby Taylor Hagman, was killed in a drunk driving accident in Hernando County, Florida in 2007. She was riding in a minivan with her grandparents, Larry and Deborah Wynn of Brooksville, Florida, when Christopher Marcone ran a stop sign and crashed into their car. Marcone pleaded guilty to DUI manslaughter and three related charges and is currently serving 13-years in prison.

Angela Stone then filed a civil lawsuit against Marcone for the death of her daughter. She has said that she does not have any hope of collecting a settlement from Marcone, but she is not doing it for the money; the lawsuit is an effort to send a message to would-be drunk and reckless drivers.
A jury of six women awarded Stone the one of the largest verdicts in Hernando County history, and possibly in the state of Florida - $55 Million in compensatory damages and $275 Million in punitive damages. Stone is also suing Kia Motors Corp. and a local auto dealer who sold her grandparents the minivan they were driving on the night of the accident. She claims that a defective seat belt in the Kia minivan also contributed to Shelby’s death.

In Florida, there is no cap on punitive damages in cases involving intoxicated defendants. As this case shows, drunk drivers who kill or harm others face not only legal but financial repercussions. While punitive damages, especially won from an incarcerated person of little means, are rarely paid to plaintiffs, they do make for great headlines. And those headlines can send a strong message to drivers everywhere.

Find out more about this story at Hernando jury awards mother $330 million in drunken-driving death of teen.

An Oviedo, Florida high school special education teacher recently resigned from her job. The resignation followed a DUI crash and arrest of a student who was reportedly given alcohol and the use of a vehicle by the teacher. The Orlando Sentinel (Reporter: Willoughby Mariano) wrote an excellent article regarding this incident. It was important for the reporter and Orlando Sentinel to cover this story since it shows that some teachers have extremely poor judgment that, at times, leads to serious consequences. In this case, a teen was in an automobile accident and then arrested due to intoxication. The teen even make threatening comments to police officers upon his arrest. While there were no reported injuries, this kind of incident could have lead to quite tragic consequences if the teen or another person had been serious ly injured or died as a result of this DUI crash. Dylan Ferguson, age 18, was a senior of Oviedo High School, as of the date of the accident. Yes, Dylan is an adult and should have known better. Furthermore, Dylan should be held responsible or accountable for his action. In addition, any person, including teachers and others, should also be accountable or responsible if alcohol was knowingly provided to a person under the age of 21 in the State of Florida. You can read more about this article at Oviedo Teacher Resigns Following DUI Crash and Arrest of Oviedo High School Senior.