Articles Tagged with personal injury lawyer

Florida Bicycle Accident Injuries.001Florida is a state that is filled year round with bicycle rides and cyclists of all ages and skill levels.  During any given trip by a driver of a motor vehicle – long or short, there is a high probability that you will pass or see a bicyclist on or near the roadway. It is vital that all drivers slow down near bicyclists and treat each bicyclist with due respect.  Let’s face it – a bicyclist / bicycle is no match (weight, force, and speed) for any motor vehicle out on the roads.   Distracted driving is an ongoing problem in the State of Florida.  Drivers are unfortunately and tragically paying more attention to their phone, text messages, and e-mails than other drivers, pedestrians, and, yes, bicyclist on or near the roads, highways, and streets.
Florida has adopted a comparative fault set of laws applicable to automobile accidents, trucking accidents, bicycle accidents, and pedestrian accidents.  In other words, in order to pursue a case for compensation for personal injuries, the injured bicyclist can be partially at fault for the accident or incident.  In representing an injured bicyclist, it is preferable if the driver is 100 % at fault; however, there may be circumstances where the bicyclist is partially at fault. There also can be situations in which two or more drivers may be at fault for a bicycle accident leading to personal injuries.
It should be noted that under Florida Statutes a bicyclist is given the same rights as a pedestrian under many situations.  As such, drivers should keep the law in mind as well the safety of all bicyclists and pedestrians in mind when operating a motor vehicle in the State of Florida.  It should also be noted that Florida has adopted a Dangerous Instrumentality Law as it applies to automobile accidents and bicycle accidents.  As such, the registered owner of a motor vehicle is liable for the negligence of a permissive driver even if the owner did nothing wrong OR was not even present at the time of the incident or crash leading to the personal injuries of the bicyclist.

 Highway ViewSince people began driving automobiles, there have always been a problem with distracted driving.  Now that virtually every driver out there owns a mobile phone or has access to one, distracted driving is even more prevalent if there is any mobile phone use during the driver.   That’s right, any mobile phone usage.  Whether it is a quick check of a text message or a telephone call, mobile phones take a driver’s eyes, ears, and / or mind off the primary task and responsibility of driving.   It is estimated that in 2012, there were over 3,000 who died as a result of automobile accidents caused by distracted driving.  Another disturbing figure involves the number of people suffering personal injuries as a result of distracted driving. In 2012, over 420,000 people suffered personal injuries as a result of distracted driving.  Most such accidents are avoidable and preventable.   Children, as drivers or passengers, are often injured due to the negligence, fault, and / or distracted driving of another person.  Here are some types of distracted driving:
* Mobile Phone Use (talking – conversation);
* Text Messaging;

gorgeous swimming pool side with colorful water mattress

Swimming Pool Drowings

Children are at risk for drowning incidents any time that children are near or in a swimming pool area or similar area like a lake, pond, water park, etc. . . .  As for residential swimming pools, it is important that pool owner and supervising adults keep a swimming pool out of the reach of children.  Certainly, a swimming pool owner, child care provider, and others watching child should following the applicable state and local laws; however, merely following the law will not prevent some incidents from happening.  There really is not substitute for common sense, supervision, or due diligence.

Florida enacted Chapter 515 – Residential Swimming Pool Safety Act as a measure to protect children. Pursuant to Section 515.29, Florida Statutes, a residential pool owner must comply with the following requirements:

Wrongful Death Book Cover.001When a child is born, parents have the dream and expectation that the child will live a long and successful life.  Of course, it is impossible to either predict or control the future; however, with good parenting and a motivated child, success and a good life are certainable attainable.  The dream, of course, can be shattered by unexpected events and tragedies like a Florida Automobile Accident.  Children can be seen travelling as passengers in vehicles in every community.  Most of us have seen the signs or bumper stickers on cars that state “Baby On Board”.  This is a message to remind other drivers to drive with due caution and at a safe speed.   Of course, all drivers should be attentive to road conditions, traffic, and other vehicles.  In the flash of a moment, a crash can take place.  It can be because of excessive speed, carelessness, distracted driving, and other reasons.  Whatever the reason, when a crash takes place, children can and do suffer personal injuries.  Many children tragically die as a result of Florida Automobile Accidents.
When a child dies a result of an automobile accident, a parent can pursue a cause of action pursuant to the Florida Wrongful Death Act.  There are special provisions in the Florida Statutes and case law that apply to the death of a child.  A parent can bring an action for the wrongful death of a child and seek damages for the loss of the child including loss of services, mental anguish, and loss of enjoyment of life.  It should be pointed out that while the child’s suffering is germaine to the case – it is the loss of the parent that matters.  If the parent had a close relationship with the child, that will be taken into consideration when pursuing the case.  Is there really any form of compensation that will fairly compensate a parent for the untimely and preventable death of a child?  This is, of course, a loaded question of sorts.  However, the pursuit of a civil case for the wrongful death of a child does come down to money or compensation.  At some point in the case, the issue of compensation will be discussed.  If a settlement can be worked out, then the case can resolve without having to go through the stress of a trial; however, if a settlement cannot be reached, a parent can seek recourse / compensation through a trial.  As a Child Injury Lawyer, I am asked if other family members can also seek compensation like a brother or sister.  The simple answer is No.  The parents are the statutory survivors of a minor child.   There are circumstances where the minor child,  which is defined as a child under the age of 25 years old, has a child.   Under these circumstances, a wrongful death case can be pursued on behalf of the surviving parent and the surviving offspring of the minor child.  The Florida Wrongful Death Act is not a voluminous law by any means but there are some twists and turns to the statute.  As such, it makese sense for parents to seek the advice, counsel, and legal representation from a Florida Child Injury Lawyer when dealing with the aftermath of the death of a child.
The book titled – When a Parent’s World Goes From Full to Empty – The Wrongful Death of Child – What You Need to Know About the Florida Wrongful Death Act – covers general provisions of the statute, the pursuit of a wrongful death case, the assessment of damages, and other matters. You can get this book for free at When a Parent’s World Goes From Full to Empty.

Buckman Bridge CrashOn March 2, 2015, there was a crash in Jacksonville Florida that caused the death of four people – two deaths and two children.   The crash took place on the Buckman Brigde which was later shut down.  The ripple effect of this crash was felt throughout the roadways of Duval and Clay County.   Tragically, four people died as a result of this rear end crash involving a semi-tractor trailer and two SUVs – a Chevrolet Tahoe and a Nissan Murano.

The Florida Highway Patrol Released a Media Report following the crash with the following details:

Excerpt from Florida Highway Patrol Media Report

IFire Rescue Graphic Blue in Squaren Jacksonville and North Florida, there are a number of bridges (large and small) that connect commuters to various areas over and beyond major waterways like the St. Johns River and the Intercoastal.   Once such bridge is the Buckman Bridge.  Construction began on the Buckman Bridge in 1964 and the Buckman Bridge was completed in 1970.  The bridge spans over 16,000 square feet and connects the areas of Mandarin – San Jose (Duval County) to Orange Park (Clay County).

While driving upon any large bridge, there are many safety issues and problems that can arise.  Traffic, congestion, and visibility can be factors that lead to crashes. Another problem inherent in bridge traffic is the inability to pull off the roadway to safety when there is a vehicle approaching that is about to cause a rear end accident.   Tragically, there are crashes upon North Florida bridges that lead to serious personal injuries and even death.  One such crash that took place on March 2, 2015 had the effect of shutting down a major part of Jacksonville / Orange Park traffic because the Buckman Bridge was closed to manage and investigate the crash scene.

Action News and other media outlets reported that a semi-tractor trailer crashed into a SUV just before 2:00 p.m. in the afternoon.  It was reported that the driver of the large commercial tractor trailer noticed that traffic was slowing but was unable to bring his truck to a stop.   This, in turn, led to a rear end type of crash.  Thereafer, the SUV caught on fire and 4 occupants of this SUV died at the crash scene.  It was reported that the 4 crash victims included 2 adults and 2 children. A second SUV was also involved in this Florida Automobile Accident.  The 3 occupants of this vehicle were later treated at a local hospital for non life threatening personal injuries.  You can read more about this Buckman Bridge crash at 4 Dead and 3 Injured in Buckman Bridge Fiery Crash. 

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