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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A 4 year old Florida child died recently when his mother left him in the car while she had her nails done for her wedding later that day. The wrongful death of this Florida child could have been avoided with better attention to the whereabouts, safety and well being of the child.

Hyperthermia is an acute process when the body produces more heat than it can dissipate. Hyperthermia is serious problem for children and the elderly. In 2008 to date, there have been 18 hyperthermia deaths in the United States with 2 of the deaths reported in the State of Florida.

Parents and caregivers often times forget that the child is in the car. This happens in about half of the cases. About 30 percent of the reported incidents take place when a child sneaks into a car. About 18 percent take place when a child is intentionally left in a car.

All parents and caregivers should keep our children safe and promptly remove the children out of hot cars. Obviously, the simple act of leaving a child in a hot car can end an innocent life.

Day care centers, summer camps, schools, caregivers, friends, and yes parents should be diligent in getting children out of hot cars. Hyperthermia is a real danger and presents itself every day of Florida's hot summer and even at other times of year as well.

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 , Medical Care & Health Issues , Wrongful Death

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In Jacksonville Florida and the rest of the State, pedestrians have designated rights and responsibilities by Florida statutes and case law. Pursuant to Section 316.130, Florida Statutes:

"Every driver (in the State of Florida) of a vehicle shall exercise due care to avoid colliding with any pedestrian or any person propelling a human-powered vehicle and give warning when necessary and exercise proper precaution upon observing any child or any obviously confused or incapacitated person." See the Full Florida Statute Section 316.130.

Pedestrians are required to obey traffic devices, use sidewalks when present, and also use due care when approaching roadways and traffic.

I have represented many Florida pedestrians who have suffered personal injuries after being hit by a car or truck in pedestrian cases. The facts of each case must be evaluated on their own merits. Civil cases are not controlled by the opinions or conclusions of the police officer. This applies even in death cases. It should also be kept in mind that Florida is a comparative fault state. In other words, a judge or jury can apportion fault between the pedestrian and driving in determining an award for damages for personal injuries or wrongful death resulting from a pedestrian being hit by a vehicle.

Early involvement by a Florida personal injury lawyer is paramount to the investigation of a pedestrian case for a civil suit for compensation.

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

Posted In: Automobile Accidents , Automobile Insurance , Child Safety , Pedestrian Injuries , Statutory References (Florida) , Traffic Citations , Trucking Accidents , Wrongful Death

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Pick up trucks in Florida have become increasingly popular in the United States. Pick up truck ownership has increased over the years and so have serious personal injuries to Florida children who are injured while riding in the bed or cargo area of the pick up truck. The owners and drivers of a pick up truck should insure that all occupants are safety in a seat with an approved seat belt. It is negligent to have a child ride in the back of a pick up truck because the risks for injury greatly increase. A recent study determined that occupants in the bed of a pick up truck are 3 times more likely to died than were occupants in the cab. You can read more about the dangers and statistics about Piuck Up Truck Injuries in the article, Children in Pick Up Truck: Injuries at the American Academy of Pediatrics web site. Sure, it can be fun to ride in the back of a truck. It is also the recipe for danger, serious bodily injury and death. No child or person for that matter should ride in the back of a pick up truck. Educate your child about the dangers of riding in the back of a pick up truck.

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

Posted In: Automobile Accidents , Child Safety , Wrongful Death

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Many Florida sport leagues, tournaments, day care centers, pools, and play centers like Pump It Up and others require the execution of a release / waiver of liability for injuries for your Florida child to participate. A Florida family and its attorney challenged the validity of this waiver and actually won the case. The result of the case was that the release / waiver of liability was determined to be invalid in the case. While this may not mean that all releases and waiver of liability for child injuries are invalid, the case does provide good law and guidance for challenging these releases. I actually know the appellate attorney who argued the case before the appellate case and have used this attorney to handle some of my appeals. You can read more about this topic at Florida Youth Sports Liability Waivers Challenged. Proponents of the waivers state that lawsuits should not be filed due to negligence of coaches, leagues, property owners, or others. In addition proponents of the waivers state that the costs of insurance and operations will only increase if the waivers cannot be utilized to limit liability for negligently causing injuries to children. Opponents of the waiver state that the waivers are unfair and will encourage bad conduct without consequences. I believe that the waivers and releases are fair too broad and should not exempt or excuse negligence that causes serious injury to a child. When there is a child injury (with or without a waiver), it is important to contact a Florida Child Injury Lawyer to review the rights of your child.

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

Posted In: Attractions & Theme Parks , Playground & Recreation Injuries , Sport Related Injuries , Swimming Pool & Aquatic Injuries , Wrongful Death

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A Florida ATV (All Terrain Vehicle) crash resulted in the death of William B. Coburn, a 9 year old, from Starke (Bradford County), Florida. The driver, Nathaniel D. Ryan, age 26, was driving the ATV on private property according to a Florida Highway Patrol Spokesman. I am completing a case involving a 9 year old who fell off an ATV in North Florida. The facts are strikingly similar to the facts involving William B. Coburn. In handling these legal matters, the following issues should be addressed by the Florida Child Injury Lawyer representing the family of the injured child:

1. Who owned the ATV?

2. Did the child have the permission of his parents to ride as a passenger on the ATV?

3. What was the estimated speed of the ATV? (An accident reconstruction expert may be needed to determine speed and other aspects of the crash.)

4. Was the child wearing a helmet? (I previously posted an article regarding Florida Helmets and ATVs in February 2008.

I grew up riding an ATV on my father's plant nursery in South Florida. The terrain was flat for the most part and we did not go off the property of the nursery for any serious riding. Even on the flat surface of the nursery grounds, the ATV did flip on occasion due to speed and the design of the ATV.

Liability insurance including homeowner's insurance covers injuries and deaths related to ATV crashes. Child injury cases can be complex and it is helpful to have the advice, counsel and representation by a Florida child injury lawyer to make sure that the rights of the family and the child are protected and enforced.

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

Posted In: All Terrain Vehicles (ATVs) , Automobile Insurance , Child Safety , Homeowner's Insurance / Injuries at a Home , Motorcycle Accidents , Wrongful Death

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Every day on Florida roads, children are injured as a result of an automobile accident. Many accidents result from the negligence of the driver of an automobile, truck, or motorcycle. Children cannot be held liable for any part of the negligence if the child is not driving. Typically, children under the age of 16 are not driving and are innocent victims of negligent drivers. Questions often arise as to insurance coverage and responsibility for medical bills, pain and suffering, and the loss of enjoyment of life for the child. In addition, parents have related claims for the loss of services and support as a result of the child's injuries. As a Florida child injury lawyer handling automobile accident cases, I am familiar with insurance requirements and claims as well as the litigation or lawsuits involving these cases. Children in Florida have unique legal rights that must be handled properly. In addition, the medical needs of a child greatly differ from that of an adult and it is important for the child to be treated by a doctor who is experienced in treating injured children. From a legal standpoint, it is important to get legal representation early in the process so that no rights are waived. Insurance companies and their adjuster and attorneys have an unfair advantage over the average consumer and it is important for the family of the Florida injured child to even the playing field by retaining legal counsel to advise, protect, and enforce the rights of the injured child.

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

Posted In: Automobile Accidents , Automobile Insurance , Bicycle Injuries , Child Safety , Drunk Driving (DUI) , Medical Care & Health Issues , Motorcycle Accidents , Pedestrian Injuries , Traffic Citations , Trucking Accidents , Wrongful Death

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A recent Hawaii verdict for $700,000 should cause concern for schools, day care centers, churches, and other groups that take field trips within the community, the State of Florida, and abroad. Teresa Cleary, a chaperone on a cheerleading field trip, was charged with the responsibility of chaperoning and supervising the children on a trip to Hawaii. One of the students on the trip (an 18 year old) fell from a balcony to her death. There were reports of drinking prior to the incident. While an incident like this is uncommon, the verdict serves as a "wake up call" to all parents responsible for the health, safety, and welfare of children on a field trip. While it is important to have fun, see the sites, and have an education, the safety of the children is the most important thing when traveling with children. This applies to a field trip around the corner as well as trips to other countries.

The liability of a chaperone is similar to that of a teacher or neighbor watching your child. You can read more about the legal requirements for such a case in Florida by going to my article at Negligent Supervision in Florida by Teachers and Other Adults at Schools and Summer Camps: Do I have a legal case?

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

Posted In: Attractions & Theme Parks , Attractive Nuisances , Automobile Accidents , Boating Accidents , Child Safety , Day Care Centers and Child Care , Education , Homeowner's Insurance / Injuries at a Home , Playground & Recreation Injuries , School Safety , Sport Related Injuries , Swimming Pool & Aquatic Injuries , 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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Motorcyclist Bruce W. Gibbs was killed in a car crash in Jacksonville Florida. According to Florida Times Union Reporter - Dana Green - Betty Wilharn did not stop at a red light on Ortega Hills Drive. As a result thereof, Ms. Wilharn's car drove into the path of a pickup truck which was pushed into the path of Mr. Gibbs' motorcycle. Mr. Gibbs died on the scene. Mr. Gibbs was not wearing a helmet but this fact would not bar Mr. Gibbs' family in a civil suit for his wrongful death. While Florida has a motorcycle helmet law, there are exceptions to this law that in some cases would exclude any evidence of the failure to wear a helmet.

Many motorcyclist are very careful when riding their motorcycles. Unfortunately, negligent drivers run red lights and otherwise cause injuries and deaths to motorcyclist on Jacksonville Florida roads. A Jacksonville Florida personal injury attorney as well as a Jacksonville Florida probate administration attorney can assist in matters of this nature. At Wood, Atter & Wood, we have 6 attorneys to assist families in time of need. You can read more about the above mentioned accident at Law & Disorder: Pickup truck strikes, Kills Motorcyclist.

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

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

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"My child was injured in a Florida Day Care Center - What can I do?" As a Jacksonville Florida personal injury attorney, I am frequently asked this question about injured children in day care centers. Unfortunately, day care center operators and their employees fail to provide a safe environment or fail to supervise children under their care. When the environment is unsafe or a child is not properly supervised, injuries and some times deaths result. Injuries include lacerations, abrasions, fractures, and eye injuries. If you suspect that your child has been injured as a result of negligence or carelessness at a Jacksonville or other Florida Day Care Center, call a Florida child personal injury lawyer to represent and enforce your child's rights.

If injuries resulted from negligence or carelessness, compensation can be pursued for the child's mental pain and suffering and loss of enjoyment of life. In addition, parents can be compensated for the loss of services and companionship of the child.

The Florida Department of Health provides a good overview of child care centers and the required inspections and requirements for these facilities. There is also good information on reporting deficient child care centers. Go to Florida Child Care Center Overview for more information.

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

Posted In: Attractive Nuisances , Child Safety , Crimes Against Children , Day Care Centers and Child Care , Education , Playground & Recreation Injuries , School Safety , Slip & Fall Injuries , Sport Related Injuries , 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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A 9 month old girl was run over and killed by a GMC Van in St. Augustine, Florida According to First Coast News, the child crawled out of her house and behind the van. The van driver did not see the child but felt a bump as he backed up the van. The driver stopped his van, got out, and saw that he hit a child. 911 was called to the scene and rushed the child to Flagler Hospital. Unfortunately and tragically, the child could not be saved. This tragedy shows the importance of keeping a toddler and all children for that matter safe. Doors and other exits should be secured or closely monitored. Furthermore, it is important to be extra careful when backing out of residential driveways especially in those neighborhoods with many children. It is a said day for all involved in this incident. Police will conduct a more detailed investigation before making any decisions if a crime took place by any of the parties to the incident.

Driveway deaths and injuries are tragically quite common in Florida and the rest of the United States. Government and private studies have estimated 1000s of driveway or backing incidents each year. Young children and toddlers are often times the victims of these incidents. You can read more about at the United States Department of Transportation - National Highway Traffic Safety Administration study.

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

Posted In: Automobile Accidents , Automobile Insurance , Child Safety , Day Care Centers and Child Care , Pedestrian Injuries , Wrongful Death

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Many drivers on the road believe that they have "full coverage" if they are in an automobile accident in Jacksonville Florida. In reality, the concept of "full coverage" is misleading. In Florida, a car owner must have property damage and Personal Injury Protection otherwise known as PIP.

Property damage will pay for the other driver's property damage if you are at fault. PIP typically covers 80 % of your accident related medical bills up to $10,000. All other types of coverages including Uninsured Motorist or Underinsured Motorists is optional. If you are hit by an uninsured driver, there is no insurance in place for your pain and suffering or loss of enjoyment of life if you do not have Uninsured Motorist or Underinsured Motorist coverage. You cannot purchase UM coverage the day after an accident and have it apply to the accident related injuries. As such, I highly recommend that each person (who can afford it) have UM coverage in place. There are too many uninsured drivers out there on the roads. If you have a question about your policy or UM coverage, it is helpful to contact a Jacksonville Florida personal injury attorney. I have handled hundreds of automobile accident claims and I am quite familiar with the insurance process and the difference between adequate and inadequate coverage. Contact me if you have any questions about insurance coverage and any other aspect of an automobile accident matter.

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

Posted In: Automobile Accidents , Automobile Insurance , Bicycle Injuries , Day Care Centers and Child Care , Motorcycle Accidents , Pedestrian Injuries , Traffic Citations , Wrongful Death

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The Florida Times Union newspaper web site has a tool to research summer camps in Jacksonville Florida. The 2008 Summer Camp Directory should be used by every parent and caregiver making a decision about summer camps. Parents should be careful when selecting a summer camp. Look at the decision like you would for day care or school. The adult and teenage counselors will have the responsibility for watching over and supervising your children. Injuries to children and other incidents can happen at a summer camp in Jacksonville Florida. The careful selection of a summer camp may help avoid these problems in the future. Accidents do happen at summer camps. Some incidents are caused by the negligence of the summer camp and its counselors. Others are not. If there is an injury at a summer camp, day care center, or school - it is important to get legal advice from a Jacksonville Florida personal injury attorney to understand and pursue the rights of the injured child.