Halloween is a holiday mostly celebrated by children and for children. There are also adult parties and adult participation; however, the core part of Halloween is the journey through the neighborhood engaged in the tradition of visiting houses and collecting candy just by virtue of the statement “Trick or Treat”. Let’s face it, there is a certain paradise for children on Halloween which is in the form of “Free Candy”. Dressing home and pretending to be a favorite Disney character or super hero is pretty cool as well. For most children, Halloween evening / night is just about the best night of the year. For others unfortunately, Halloween night can be the time in which a child suffers a serious personal injury or even dies due to the negligence of others.
Some tragic events that take place during Halloween can be avoided. Here are some safety tips to keep in mind. Some are fairly basic and well know. Nevertheless, it is important to keep these tips in mind and actually follow them to make Halloween night as safe as possible:
Don’t Trick or Treat at All. Find alternatives to the door-to-door trick or treat journey. Have a party. Have the neighbors gather together in one place for a candy distribution. While it does seem counter intuitive to discourage traditional trick or treat activities, having children remain in one general area or home can avoid many accidents or incidents from taking place.
The tragedy of a child being injured or killed is one that cannot be overlooked and impacts communities on a large scale. All around the country, especially in major cities, there are many busy roads filled with pedestrians, including children, and vehicles being driven by distracted drivers. Adult pedestrians and children alike often need to cross the street in order to arrive at their desired destination, and while many use the nearest crosswalk, sometimes circumstances arise (either because there is not one present or it is far out of the way for the pedestrian, to name a couple) which result in the individual crossing the street where there is not a designated crosswalk. This can also be the case, if not more so the case, in smaller cities or residential areas where children are present. This is common because children may feel more comfortable or safer crossing the street without a crosswalk in their own neighborhood, whether it is because of lack of traffic or simply just level of comfort around their residence. When a pedestrian is injured in a crosswalk or in another part of the street due to the negligence or inattention of a driver, there is a ripple effect through the family, neighborhood, and the community. Certainly, crosswalks serve a purpose in delineating the area, warning motorists, and providing a seemingly safe passage across the street; however, the fact remains that all drivers should be watchful of pedestrians especially those who are children and often lack safety awareness and at times common sense.
Based in Jacksonville, Florida, David Wolf, a partner with the law firm of Wood, Atter & Wolf, P.A., is a child injury attorney who handles automobile accidents, bicycle accidents, trucking accidents, and, yes, pedestrian accidents throughout the State of Florida. The pursuit of a case will depend on a number of legal and practical factors. With over 26 years of experience, David Wolf can provide guidance, advice, and when appropriate legal representation in the aftermath of a pedestrian accident. Contact David Wolf today for a Free Consultation.
Drivers need to pay full attention to the road and their surroundings, slowing down near crosswalks and school zones as well as residential areas, undistracted. The tragedy of a child being hit by a vehicle while crossing the street will leave the family, friends, and community of the child shocked and devastated, to say the least. Just one telephone call, one text message, or one Facebook post (all of which typically have little importance) can result in serious personal injuries and even the death of a pedestrian.
In Jacksonville, Florida and other cities, drivers should be on the look out for pedestrians and bicyclists especially those who are young children. Drivers should slow down in school zones, residential areas, crosswalks, and anywhere else there may be a child pedestrian or child bicyclist. It should be noted that Florida is a comparative fault state. As such, the injured child and / or parents of an injured child can bring a legal action for personal injuries or wrongful death even if the child may have been partially at fault for the incident or accident. It should also be noted that children under the age of 6 years old cannot be held to be negligent or at fault as a matter of law in the State of Florida.
A recent tragedy was reported in Jacksonville, Florida. It was reported that a child was hit by a vehicle while attempting to cross a street with other children at the intersection of A1A and the Wonderwood Connector in Mayport – Jacksonville Florida. It was reported by the local media that the driver continued through the intersection on a yellow light. It was also reported that the child, who ultimately died as a result of the pedestrian – vehicle accident related personal injuries, was in the sixth grade. You can read more about this story at Boy Hit While Crossing the Street in Jacksonville, Florida (Mayport).
The wrongful death of a child has a ripple effect through the family, neighborhood, school, and community. It is heartbreaking for the parents and extended family. It is extremely upsetting for the school. It can be quite a bewildering experience to have a friend / classmate sit in front of a student one day and then never to return because of a tragic pedestrian accident.
As parents, we do our best to protect our children from harm. As part of regular every day life, children are transported to and from school, sport practices, and other activities. It is common to see children in vehicles before and after school as well during the school day while attending field trips and other school related activities. Unfortunately, there are far too many drivers on the road who fail to pay attention to traffic, road conditions, weather, and, yes, the presence of children in passenger vehicles, school buses, day care center vans, and other vehicles.
When a child is injured as a result of the negligence of another driver, the parents on behalf of the child can pursue a personal injury claim or case. Certainly, as a passenger, there can be no fault attributed to the child passenger; however, it should be noted that only children under the age of 6 years old are immune from being blamed in part or whole for his or her actions. As such, let’s say a 12 year old is a passenger in a vehicle but fails to wear a seatbelt. The 12 year old may be blamed in part for the personal injuries if it can be established that there was an operational seatbelt and that the use of a seatbelt would have prevented the injuries in the entirety. If the seatbelt would have lessened the injuries, then a case or claim can still be pursued. In most instances, a child is wearing a seatbelt and this particular issue is avoided due to the child’s reasonable actions in wearing a seatbelt.
Moving beyond potential seatbelt issues, it is important that the injured child receive immediate care through an emergency room, urgent care center, clinic, or pediatrician’s office. From there, if the child is still experiencing pain and / or other medical complications, follow up care should be sought and obtained on behalf of the injured child. Handling a personal injury case or claim is not an easy task or endeavor. This is especially true when the parent is dealing with the challenges or issues on his or her own without the benefit of legal advice or legal representation. As such, when a child is injured, it is important to consult with a Child Injury Lawyer who can provide the necessary guidance, direction, and, yes, legal representation when the injuries warrant the involvement of an attorney.
In Florida and other states, headlines are made when there is an automobile accident involving serious personal injuries or the death of a driver or passenger. This is especially true when children and reengages are the unfortunate victims in a Florida Automobile Accident Crash. The death of a teenager can have a ripple effect throughout the community. In many instances, a school crisis team is put in place to provide some guidance and counseling to the other students at the school where the victim attended. Certainly, the biggest loss is upon the parents. It is unnatural in the scheme of things for a parent to suffer the loss of a child especially after putting in some many years of work and love to raise the child from an infant to a young adult. When a teenager dies, so much of the promise that was there just disappears in a moment of time. It is the moment of time in which another driver was speeding or otherwise not paying attention. This momentarily lapse in good judgment and safe driving can and does often lead to serious personal injuries and the deaths of innocent drivers, passengers, pedestrians, and bicyclists.
Just recently, an 18 year old died in an automobile accident which took place in St. Johns County – St. Augustine, Florida near the World Golf Village area. It was reported by a number of media outlets that Griffin Moody, who had just graduated from Allen D. Nease High School in June 2016 died as a result of this 2 vehicle crash. The crash occurred on Murabella Parkway according to the Florida Highway Patrol. Griffin Moody was a passenger in a 2005 Ford Focus that was being driven by another teenager. It was also reported that five other people suffered personal injuries in this crash.
Florida has statutes in place that set forth the rules of the road. Generally, drivers should obey the posted speed limits and yield the right of way to drivers on the roadway. A left hand turning vehicle should yield the right of way to oncoming traffic. All drivers should maintain control of the respective vehicles and otherwise remain attentive to traffic conditions, road conditions, and weather conditions. Each driver has a duty to avoid a crash when he or she has the ability to do so. It should be noted that each Florida Automobile Accident should be evaluated based on its own facts and merits. When a persona dies as result of a Florida traffic crash, the local law enforcement department and / or Florida Highway Patrol will investigate and issue a Florida Homicide Traffic Report upon completion of the investigation. It should noted that the results or conclusions of such a report are not binding per se on insurance companies or any further potential civil cases.
A Stop Sign is posted due to he traffic pattern and flow in a particular geographic area. It should also be noted that there should not be any ambiguities or doubts as to the purpose and function of a Stop Sign. Furthermore, it is clear that once a driver stops at a Stop Sign – he or she should diligently be on the look out for other traffic and then take whatever time is necessary to safely proceed through the intersection at issue. In Florida and other States, many automobile accidents occur due to the failure to obey speed limits and traffic signage. There is also a significant problem with Distracted Driving due to mobile phone use, Web Browsing, and Text Messaging. Many lives can be saved and many personal injuries due to Florida Automobile Accidents can be avoided by simply obeying and following the traffic signage like a Stop Sign and by being more attentive to traffic and weather conditions.
It was recently reported in Hastings, St. Johns County, Florida that four people were transported to a hospital. The intial news and media reports indicated that a pick up truck driver ran a stop sign. Due to fact that a death and serious personal injuries resulted from this Florida Automobile Accident, a full investigation including a Traffic Homicide Report will be completed by local law enforcement officials and / or the Florida Highway Patrol. Certainly, any time that a person dies as a result of a Florida Automobile Accident – it is tragic. Even more so if it is determined that that the automobile accident was avoidable with more attentive driving. It should be noted that with more attentive driving and patience – many such Florida motor vehicle crashes can be avoided.
When there is a motor vehicle crash, the personal injury victims are faced with a number of challenges and issues. It is important that the victims and families get support from their extended family, the neighborhood, churches and religious institutions, and others. The injury victims and families certainly deserve compassion in this time of need following a horrific traffic crash. It is also important for the injury victims and families to have legal representation early on in the process.