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.
In day care centers throughout Florida including Miami, the children enrolled in the child care facility should be provided with safe and nurturing environment. It is important for child care providers and workers to have proper training, common sense, and, yes, patience to work with children. If working with children causing a person stress to the point that a child is hit and struck by a day care center work, that particular worker should be removed from the job, go to jail, and ultimately find a new career. Working with children is no easy task; however, employment in a child care facility or day care center is a voluntary choice by a day care worker. As such, no-one is forcing the day care worker to take the position. Unfortunately, far too many instances of abuse and neglect go unnoticed and unreported. Parents are kept in the dark and the children in the day care center are often victims without a voice and without the power to stop their abusers. However, in many other instances, the day care center worker is caught in the act by another co-worker, management, parents, or other children who take that bold step to report the incident and have the conduct addressed. It is clear that day care center workers should use their efforts and abilities to act in the best interest of the children. It is well known that the care and supervision of a children are not easy tasks; nevertheless, in Florida day care centers, corporal punishment is prohibited. There is no excuse or defense to the hitting, torturing, and harming of a child enrolled in a day care center by a the very people responsible for caring for the child.
It was reported by various media outlets that a day care center through a private charter school in Miami Beach was the site of the corporal punishment / abuse of children under the care of the child care center. In particular, a video surveillance camera revealed that a child care worker documented the hitting, twisting of arms, and other abuse of children who were in the 2 to 3 year old age group. When the abuse originally came to light, no immediate arrests were made. Then, after a week or so of further investigation by social service and local law enforcement, the day care center worker – Clara Luz Quintero-Gonzalez – was arrested. For more information regarding these incidents, see Miami, Florida Day Care Center Worker Arrested for Hitting Children Under her Care at the Lincoln Marti Day Care Center.
It should be noted that the criminal prosecution of a day care center worker is not a prerequisite or requirement for a parent to bring a civil action or claim on behalf of a child who was injured or harmed by a day care center provider. Certainly, it is quite compelling when a day care center worker is arrested following an allegation of abuse or neglect. Furthermore, having video surveillance that actually documents the alleged abuse or neglect can be used as evidence in the potential criminal case or civil case of abuse / neglect in a day care center. If there is believed to probable cause that a crime was committed, an arrest can and should be made. The further prosecution of the defendant will depend on the evidence gathered and potential defenses (if any) that may be raised in response to the allegations. The criminal allegations must be proved beyond a reasonable doubt. For a civil case, the standard of proof is by the preponderance of the evidence with is lesser standard than for a criminal case.
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.
In this article, it is interesting to note that strollers and other confined spaces can present a real risk of danger, medical complication, and even death to children in the heat of summer and other months. Since children do not sweat or control body temperature the same as an adult, a glance at a child may lead a child care provider to believe that all is well because the child is not sweating profusely or appear to be that hot or overexposed to the heat. The truth is that child care provides, on many occasions, do not and cannot see that a child is truly a risk and approaching a critical overexposure to the heat. Some times, it is only the child’s outward signs of trauma, arrest, or other significant issues that finally alerts the child care provider that there is a problem.
In Florida, child care providers, summer camps, day care centers, schools and other entities have a duty to keep a child out of harm’s way. One known risk is the Florida heat. Make sure that a child – especially infants and toddlers – are provided with proper ventilation when in confined spaces like a stroller. Furthermore, as we have seen far too many times, a child should not be left unattended on a school bus or school van without air conditioning. Let’s make sure that this point is clear. A child needs to be supervised at all times and should never be left on a bus or van alone – air conditioned or without air conditioning.
In the State of Florida, corporal punishment is prohibited in day care centers. There are strong public policy and safety reasons for having such a law in place. It does not matter that the teacher of the day care center was subjected to corporal punishment as part of his or her upbringing. Furthermore, a parent cannot and should consent to the imposition of corporal punishment at a day care center since it is against the law. Toddlers and small children should learn by instruction and restrictions that DO NOT involve physical harm, pinching, punching, withholding of food, false imprisonment, or other acts that are neglectful and / or malicious in manner. Because of this, it is important that Florida day care centers are staffed with trained and caring individuals who have the personality, patience, and maturity to deal with the stresses and demands of the job. Certainly, it is challenging to be a day care center worker or child care provider. When the stress intensifies, the day care worker / child care worker should step back and assess or reassess his or her current actions, his or next actions, and the rest of the day.