Articles Tagged with Jacksonville Florida

wrongful_death_book-150x150In Jacksonville, Florida and other cities throughout the State of Florida, a car crash is just about something you see every day. With the growth of the State and more and more vehicles on the road, car crashes are a common occurrence.  Tragically, some of these car accidents result in the untimely and tragic death of a  child.  As passengers of a vehicle, children are almost never at fault for the crash taking place.  Certainly, the death of a child has a ripple effect through the parents, family, neighborhood, school and community.  Having attending a number of funerals involving a child, it is clear that no words or compensation for that matter can console a parent or family member who has lost a child due to the negligence driving of another person.
In Jacksonville, Florida, the Florida Highway Patrol reported a recent accident that tragically led to the death of two children and personal injuries of two other children.  It was reported that Symere Woolbright – age 5 – and Rickale Woolbright – age 10 – died as a result of this rear end crash.   See Children Killed in Jacksonville, Florida Crash – 2 Killed and 2 Injured
While some accidents may seem cut and dry as to fault or liability, there are a number of challenges and issues that go with the pursuit of a Florida Wrongful Death case on behalf of the parents of a child who dies as a result of a motor vehicle accident.  It is important to determine all applicable insurance policies that may provide coverage for the damages / losses as a result of the automobile accident.  Insurance companies do not always act in the best interest of the family of a deceased child.  The insurance company has a duty to act reasonably and timely.  If the insurance company fails to do so, the applicable insurance policy limits may be expanded to what is called extra-contractual compensation. It means that the insurance company may ultimately be pressured to pay out more than the applicable policy limits but only if it can be shown that the insurance company failed to act timely and reasonably.  To prove such conduct, documentation is vital.

Red Bicycle.001In Florida, there is a common activity in every one of the 67 counties – children riding their bicycles.   From toddlers on trikes to teens on mountain bikes and racers, children enjoy the freedom and exercise of riding their bicycles on and near Florida roads and streets.  While it is a very enjoyable and normally healthy activity to participate in, it can also be quite dangerous.   The truth is that the road is filled with drivers who are in a hurry and drivers who are distracted.   Just a second of inaction or carelessness behind the wheel of a motor vehicle can have drastic and life altering effects on the child bicyclist.  As such, it is vital that ALL DRIVERS be on the look out for the child bicyclist in the community.   A child bicyclist can be seen in a variety of locations from the driveway to the neighborhood to busy streets and parking lots. Wherever you see a child bicyclist, SLOW DOWN and MAKE SURE that the child is not put in harm’s way.   Safety awareness and attention are keys to protecting our children in the community who are bicyclists / cyclists.

If a child bicyclist is hit by a motor vehicle while riding a bicycle, the family of the child can pursue a legal case or claim on behalf of the injured child.   There are four essential elements to prove in a Florida Bicycle Injury Case as follows:

1. Duty;