North Florida Injury Lawyer Blog

In Florida, pedestrians are the unfortunate victims of hit and run accidents. One such incident was reported in Suwannee County Florida. A pedestrian was struck by a motorcyclist on Highway 129 and then fled the scene. The pedestrian suffered personal injuries included a dislocated foot. Thereafter, the motorcyclist fled the scene. The Florida Highway Patrol responded to the scene of this pedestrian accident. See Motorcycle - Pedestrian Collide - Motorcyclist Leaves the Scene of the Florida Accident.

Florida law requires that a driver of any vehicle involved in an Florida accident that results in personal injury or death to stop at the accident scene. This legal duty is set forth in the Florida Statutes under Section 316.027. There are many other traffic rules and regulations in place in Florida. See Florida Traffic Rules, Regulations and Laws - Frequently Asked Questions.

In Lee County, Alabama, an elderly couple (A.C. Jordan and Eunice Jordan) tragically lost their lives in a horrible accident that took place on New Years Eve. It was reported that the Jordans were travelling in a Lexus sedan that either had stopped or slowed down for some reason. A driver in a Ford Taurus vehicle rear ended the Lexus. Thereafter, the Jordans got out of their vehicle to inspect the damage. Then, a Ford pick up truck crashed into the Jordans and the Lexus. It was a very sad and tragic end to New Years Eve for the Jordans. These deaths amount to a great loss for the family, neighborhood, and the community of Live Oak, Florida where the Jordans resided.

Automobile accidents take place at all times of the day and night. Some are avoidable and some are not. Since traffic is unpredictable, it is important for all drivers to maintain look out and drive with the utmost of caution.

When a death takes place, there can be rights and remedies to the surviving family members depending on the facts and circumstances of the accident and the laws in place that pertain to the automobile accident. For more information regarding this accident see Elderly couple killed instantly on Highway 280 in Smiths Station.

In Florida and other States, driver distraction can come in many forms including reading while driving, texting, eating, e mailing, mobile phone usage, conversations, and behavioral issues with passengers. Whatever the cause - distracted driving can and does cause serious automobile accidents in the State of Florida. When a pedestrian is an unfortunate victim of distracted driving, the consequences can result in serious personal injurie, and, in some cases, death. The Florida Highway Patrol reported that a fatal automobie accident / pedestrian accident took place on Sesame Boulevard near 7 Wonder Trails. Josefina T. Reid was reportedly hit and killed by a distracted driver - Antonio Castanheira - who stated that he was distracted by his back seat passengers. See Palm Coast Pedestrian Struck by Distracted Drirver.

In Florida, it is important for drivers to proceed with the utmost caution and do their best to avoid incidents of distracted driving. Many accidents and tragic personal injuries and Florida automobile accidents resulting in pedestrian personal injuries can be avoided with more attentive driving. See Florida Traffic Rules. Regulations, and Statutes - Frequently Asked Questions.

In Macclenny (Baker County) Florida, an automobile accident was reported by the Baker County Press Website. It was reported that a man (George Crawford) was hit while he was travelling in his motorized wheelchair on State Road 228. The wheelchair / automobile accident took place near Barber Road in the area of the local Wal-Mart. The force of the collision / impact ejected Mr. Crawford from his motorized wheelchair. The Florida Highway Patrol responded to the scene of the accident and will complete a report / traffic investigation as to the cause and preventability of this incident. See Man in Motorized Wheelchair Hit and Ejected on State Road 228 in Macclenny Florida.

When there is a Florida automobile accident, the various traffic rules and regulations are reviewed to determine if a citation will be issued. These same laws may come into play if there is a subsequent insurance claim or civil lawsuit for the damages or injuries caused by the accident. See Florida Traffic Rules and Regulations - Frequently Asked Questions.

In Florida, pedestrians are at risk for personal injuries, and, in some instances, death when a driver veers off a roadway and into an area occupied by a pedestrian. The Florida Highway Patrol reported that a pedestrian was hit by a van that had veered off of Orange Blossom Trail. The death of the pedestrian, identified only a a 24 year old woman from Kissimmee, Florida, is certainly a tragic loss for her family, friends, and the community. See Pedestrian Hit and Dies from Automobile Accident Related Injuries in Kissimmee Florida.

It is important for drivers to follow and obey various traffic rules and regulations in the State of Florida. You can read many of these laws at Florida Traffic Rules and Regulations - Frequently Asked Questions.

The Jacksonville Sheriff's Office has issued over 400 citations in the past 3 years to drivers who violate Florida Traffic Laws regarding the passing of school buses. Many laws are in place for the safety and protection of children. The laws regarding the passing of a school bus with its red lights on and stop sign arms extended are among the laws that truly serve to protect children. Unfortunately, drivers in Duval, Clay, St. Johns, and other Florida Counties violate these Florida traffic laws. Why are these laws violated? Some are ignorant of the law. Some drivers just lack common sense that would lead them to stop when children are present as pedestrians departing or getting on a school bus. Some drivers just ignore the Florida laws in an effort to save a few seconds or minutes to get to their destination. Whatever the reason, children are put at risks any time that a driver ignores the Florida law as to the passing of a school bus. See Florida School Bus Laws Ignored. See also Florida Traffic Laws and Statutes - Frequently Asked Questions.

In Jacksonville Beach Florida and other beach towns and cities, there is generally a good bit of foot traffic or pedestrians walking on or near the roadways. Because of the presence and number of pedestrians, it is important for drivers to slow down in beach related areas whether the road is right near the beach or leading to restaurants and businesses serving the beach area. It is especially important to drive safe in residential areas on or near the beach. It was reported by the Jacksonville Times Union that a pedestrian was struck and killed in the Jacksonville Beach area. The pedestrian / automobile accident took place on Third Street and Third Avenue. Third Street is a busy roadway that spans the Jacksonville Beach area. The Jacksonville Beach Police Department responded to the scene. The driver did stop at the scene of the accident and cooperated with police. According to the initial reports, there were no charges or citations issued for this most unfortunate accident. See Pedestrian Hit in Jacksonville Beach, Florida.

Florida has traffic rules and regulations for drivers, pedestrians, bicyclists, and others in Chapter 316, Florida Statutes. You can read about common traffic rules and regulations at Florida Traffic Laws and Regulations - Frequently Asked Questions.

A tragic hit and run accident was reported in Altamonte Springs Florida. The Florida Highway Patrol responded to the scene of this Central Florida automobile / pedestrian accident. It was reported that a 23 year old person suffered fatal personal injuries and 16 year old suffered personal injuries as a result of the automobile accident. There was an eyewitness who saw a vehicle flee the scene. The Florida Highway Patrol and local law enforcement will investigate this incident to determine the vehicle and driver involved. See Hit and Run Automobile / Pedestrian Accident Reported in Altamonte Springs, Florida.

It is a Florida law to stop and render aid when there is an automobile accident involving personal injuries. It is important for all drivers to proceed with caution and limit distracted driving. You can read more about Florida laws at - Florida Traffic Laws - Frequently Asked Questions.

In Volusia County, a tragic accident was reported involving a Good Samaritan - James Darnell Collier. New 4 Jax Reported that Mr. Collier, a 37 year old truck driver from Jacksonville, Florida, was killed while helping out with a crash scene on Interstate 4 in Volusia County, Florida. He had previously parked his semi truck off the side of the road and then proceeded to help out at the accident scene. While Mr. Collier was wearing bright reflective gear, he was still hit by another vehicle. Since a death resulted from this accident, local law enforcement and / or the Florida Highway Patrol will complete a death investigation as to the cause of the incident, actions on the part of the driver, actions on the part of Mr. Collier, and any other conditions or fact that may have caused or contributed to the most unfortunate death of this family man from Jacksonville (Duval County) Florida. For more information regarding this pedestrian / automobile accident, see Good Samaritan Hit by a Vehicle While Helping Out at a Volusia County Crash Scene.

In Baker County, Florida, an unfortunate and tragic pedestrian accident / automobile accident was reported. A Jacksonville, Florida man (Ronald Ray Carroll) walked onto Highway U.S. 90 in Baker County when he was hit by a semi truck. He was hit by a 1999 Freightliner Semi Truck. Since a death resulted from this accident, local law enforcement and / or the Florida Highway Patrol will conduct an investigation to determine the cause of the accident, relative fault of the pedestrian (if any), relative fault of the driver (if any), and the preventability of the accident. It is unfortunate the a pedestrian lost his life on one of Florida roads. See Baker County, Florida - Pedestrian Hit by Semi Truck.

A 50 year old women was struck by a pick up truck and killed while crossing the street in Sanford, Florida. The pedestrian was attempting to cross US 17 in Sanford when she was struck by the truck that was heading Northbound. According to the police, the 50 year old, was not in the crosswalk when she was struck by the pick up truck.

When driving a car always be aware of pedestrians. When driving a car you should yield the right of way to the pedestrians. Pedestrians should cross in the properly marked crosswalks. According to some reports, four of Florida's largest cities, Tampa, Jacksonville, Orlando, and Miami have been called the most dangerous cities for pedestrians. For more information see, Pedestrian Death Reported in Sanford, Florida. See also Florida Laws Regarding Pedestrians and Traffic Regulations - Importance of Exercising Due Caution When Pedestrians Are Present

Florida Statute 316.130 provides regulations and guidance when pedestrians are present or near roadways and intersections. It is important for all drivers to follow this statute and other laws. Furthermore, caution should always be taken when pedestrians are in or near roadways. It is always better to slow down when a pedestrian is in or near a roadway. A few extra minutes of travel time can save a live and prevent serious personal injuries to a pedestrian.

See also Florida Traffic Statutes and Regulations - Frequently Asked Questions.

Pursuant to Title XXIII - Motor Vehicles, Chapter 316 - State Uniform Traffic Control, Section 316.1235, Florida drivers who are approaching an intersecting where the traffic lights of said intersection are not working (inoperative) shall treat the stop as a stop sign. The method of stopping is governed by section 316.123(2), Florida Statutes. Drivers must stop at a clearly marked stop line, or if there is no stop line before entering the cross walk, or at the point nearest the intersection roadway where the driver has a view of approaching traffic before entering the intersection. After stopping, the driver shall yield the right-of-way to any vehicle which has entered the intersection from another highway or which is approaching so closely on the highway so as to constitute an immediate hazard when the driver is moving across or within the intersection. If at a four-way stop intersection, the driver of the first vehicle to stop at the intersection shall be the first to proceed. If two or more vehicles approach this type of intersection at the same time, the driver of the vehicle on the left shall yield the right-of-way to the vehicle on the right.

In the event that only some of the traffic lights at an intersection are inoperative, the driver of a vehicle approaching an inoperative light shall stop in the above-prescribed manner.

You can read more Florida Traffic Laws on the Wood, Atter & Wolf, P.A. website.

Pursuant to Title XXIII - Motor Vehicles, Chapter 316 - State Uniform Traffic Control, Section 316.125 - Vehicles Entering Highways from Private Road or Driveway or Emerging from Alley, Driveway or Building, Florida drivers have a duty to yield the right-of-way in certain circumstances.

1. Drivers who are about to enter or cross a highway from an alley, building, private road or drive way MUST yield the right-of-way to ALL vehicles approaching on the highway to be entered which are close enough to constitute an immediate hazard.

2. Drivers who are exiting an alley, building, private road or driveway within a business or residence district shall stop the vehicle immediately prior to driving onto a sidewalk or onto the sidewalk are extending across the alley, building entrance, road or driveway. If there is no sidewalk area, these drivers must stop at the point nearest the street they are attempted to enter where the driver has a view of approaching traffic. The drive must yield to all vehicles and pedestrians which are close enough to constitute an immediate hazard.

Florida law states who has a duty to yield (give up) the right-of-way. As a general rule of Florida traffic law, every driver, motorcyclist, bicyclist, pedestrian or other operate of a motorized vehicle (i.e., moped) must do everything possible to avoid a crash. You can read more Florida Traffic Laws on the Wood, Atter & Wolf, P.A. website.

Florida traffic laws are unclear as to who has the right-of-way on Florida street, highways and other roadways. Florida law only states who has a duty to yield (give up) the right-of-way. As a general rule of Florida traffic law, every driver, motorcyclist, bicyclist, pedestrian or other operate of a motorized vehicle (i.e., moped) must do everything possible to avoid a crash. Florida drivers and pedestrians have a duty to yield the right-of-way to emergency vehicles while said vehicles are en route to an existing emergency. This duty is established under Title XXIII - Motor Vehicles, Chapter 316 - State Uniform Traffic Control, Section 316.126 - Operation of Vehicles and Actions of Pedestrians on Approach of Authorized Emergency Vehicle.

Pursuant to section 316.126, Floria Statutes, both pedestrians and drivers must yield the right-of-way to emergency vehicles. These vehicles include law enforcement vehicles, fire engines and other emergency vehicles that are using sirens and/or flashing lights. There is a duty to immediately pull over to the close edge of the roadway and stop until the emergency vehicle has passed. Pedestrians and drivers shall not block intersections in said process.

When driving on interstate highways or other highways with two or more lanes and traveling in the same direction of an emergency vehicle, drivers approaching a parked law enforcement or other parked emergency vehicle with its lights activated, are required to leave the lane closest to the emergency vehicle, as son as it is safe and practicable to do so. This law shall apply unless other directed by a law enforcement officer.

When traveling on a two-lane roadway, drivers approaching a law enforcement or other emergency vehicle are required to reduce their speed to a speed that is 20 miles per hour less than the posted speed limited when the posted speed limits is 25 miles per house or greater; or travel at 5 miles per hour when the posted speed limit is 20 miles per hour or less.

Other types of emergency vehicles include wreckers that are displaying their flashing lights and performing a service (i.e., recovery or loading) on a roadside.

If you have been involved in and/or are the victim or a Florida automobile accident, please contact Wood, Atter & Wolf, P.A. regarding your Florida legal rights. You can also read more Florida Traffic Laws on the Wood, Atter & Wolf, P.A. website.

"Intersection" is defined, by Florida Statutes, as the lateral boundary lines of the roadways of two highways which join one another at, or approximately at, right angles; or the are within which vehicles traveling upon different highway joining at any other angle may come into conflict. See Florida Statute section 316.003(17)(a). Intersections are common places for Florida drivers to be involved in automobile crashes. Therefore Florida drivers should take extra precaution and care when entering or approaching intersections.

Title XXIII - Motor Vehicles, Chapter 316 - State Uniform Traffic Control, Section 316.121 - Vehicles Approaching or Entering Intersections, establishes certain duties, rules and regulations for Florida drivers who are approaching or entering an intersection:
1. Approaching an intersection. The driver of a vehicle approaching an intersection must yield the right-of-way to a vehicle was has entered the intersection from a different highway.
2. Two vehicles approaching at same time. When two vehicles enter an intersection from different highways at the same time the DRIVER OF THE VEHICLE ON THE LEFT SHALL YIELD THE RIGHT-OF-WAY to the vehicle on the right.
3. State-maintained roads or highways. The driver of a vehicle about to enter to cross a state-maintained road or highway from a paved or unpaved road (e.g., driveway) and not subject to control by an official traffic control device shall yield the right-of-way to ALL vehicles approaching on the state-maintained road or highway the driver of the other vehicle is attempting to enter or cross.
4. County-maintained or city-maintained roads or highways. The driver of a vehicle about to enter or cross a paved county-maintained or city-maintained road or highway from an unpaved road or highway (e.g., driveway) and not subject to control by an official traffic control device shall yield the right-of-way to ALL vehicles approaching on said paved road or highway.

Continue reading "Florida Traffic Laws - What Is the Duty of a Driver Approaching or Entering Intersections?" »

A man who was recently killed in a hit-and-run accident in Seminole County, Florida, has been identified as 36-year-old Charles Long. Long's body was lying in a grassy shoulder along Monroe Road for nearly two hours before he was found. He rode his bicycle to work everyday, a 14-mile trip from DeBary to Lake Mary and back. Long was employed as a dishwasher at a pizza restaurant. According to the Florida Highway Patrol, Long was traveling north in the outside, southbound lane of Monroe Road in Sanford, Florida, near U.S. Highway 17-92 when he was struck by a pickup truck that was traveling southbound in the same lane. The truck struck the front of Long's bicycle, sending him flying into the grassy shoulder where he was later found dead. The pickup truck that struck Long was turned into the Seminole County Sheriff's Office. For more details please read Man found dead in grassy shoulder of Monroe Road in Seminole, Florida, hit-and-run collision.

Florida law establishes a duty upon all drivers that are involved in a crash that results in injury to any person to stop their vehicle immediately at the scene of the crash, or as close thereto as possible. See Title XXIII - Motor Vehicles, Chapter 316 - State Uniform Traffic Control, Section 316.027 - Crash Involving Death or Personal Injuries.

Also, the driver of the vehicle has a duty to remain at the crash site until he or she has fulfilled the requirements set out in section 316.062, Florida Statutes. Any driver who willfully violates the provisions of sec. 316.027 commits a third-degree felony.

If you would like to read more Florida Traffic Laws visit the Wood, Atter & Wolf, P.A. website: North Florida Injury Lawyer Blog.

Title XXIII - Motor Vehicles, Chapter 316 - State Uniform Traffic Control, Section 316.091 - Limited Access Facilities; Interstate Highways; Use Restricted, establishes limitations, restrictions and other prohibitions to the access and use of certain facilities and interstate highways.

1. No person shall drive a vehicle onto or from any limited access roadway. EXCEPTION: Unless such entrances and exists are established by public authority.
2. No person shall operate upon a limited access facility any bicycle, motor-driven cycle, animal-drawn vehicle, or any other vehicle which by its design or condition is incompatible with the safe and expedient movement of traffic.
3. No person shall ride any animal upon any portion of a limited access facility.
4. No person shall operate a bicycle on the roadway or along the should of an interstate highway.

Bicycles:
In the state of Florida, bicycles are not allowed on limited-access roadways or on interstate highways. However, toll bridges are not always on limited-access facilities.

A "Freeway" is a limited-access highway with several significant characteristics:
1. Vehicles traveling in opposite directions are separated by a continuous unpaved median or fixed barrier;
2. There are at least two lanes of travel in each direction;
3. At-grade crossing conflicts are not allowed;
4. Vehicles enter and exit a freeway with merge, diverge and weave movements.

A "Limited Access Facility" is defined, by Florida Statute, as a street or highway especially designed for through traffic and over, from, or to which owners or occupants of abutting land or other persons have no right or easement, or only a limited right or easement, of access. Such highways or streets may be parkways from which trucks, buses, and other commercial vehicles are excluded; or they may be freeways open to use by all customary forms of street and highways traffic. See Florida Statute section 316.003(19).

Continue reading "Florida Traffic Laws - What Are the Restrictions on Using Limited Access Roadways?" »

Making a turn may seem like a simple, mundane driving task. However, many traffic crashes occur because of drivers who make incorrect, illegal, and / or unsafe turns. Pursuant to Title XXIII - Motor Vehicles, Chapter 316 - State Uniform Traffic Control, Section 316.122 - Vehicle Turning Left, drivers turning or intending to turn left must yield the right-of-way to any vehicle approaching from the opposite direction, or vehicles lawfully passing on the left of the turning vehicle.

Below are some tips Florida Drivers should follow when making or attempting to make turns, especially left-hand turns:

1. Use your turn signal and NEVER make "last minute" turns.
2. Use your turn signal. Specifically, give your turn signal for at least the last 100 feet before making your turn.
3. Slow down to an appropriate and safe turning speed.
4. ALWAYS yield to bicyclists and pedestrians.
5. Make your turn and stay in the proper lane. Yield the right-of-way to vehicles, including bicycles, coming from the opposite direction.
6. Finish your turn in the proper lane. A LEFT TURN may be completed in any lane lawfully available, or safe, for the desired direction of travel.

If you have been involved in and/or are the victim or an accident, please contact Wood, Atter & Wolf, P.A. regarding your rights. You can also read more Florida Traffic Laws on the Wood, Atter & Wolf, P.A. website.

Pursuant to >Title XXIII - Motor Vehicles, Chapter 316 - State Uniform Traffic Control, Section 316.123 - Vehicle Entering Stop of Yield at Intersection, a Florida driving approaching posted stop or yield must, in obedience with such sign, slow down to a reasonable speed for the existing conditions and, if required for safety to stop their vehicle before entering the crosswalk or intersection.

In Florida car accident cases, as a general rule, any car that is approaching an intersection or crosswalk shall yield the right-of-way to any vehicle or pedestrian that is already in or at the intersection.

- If approaching a stop intersection, Drivers must stop at a clearly marked stop line, or if there is no stop line before entering the cross walk, or at the point nearest the intersection roadway where the driver has a view of approaching traffic before entering the intersection. After stopping, the driver shall yield the right-of-way to any vehicle which has entered the intersection from another highway or which is approaching so closely on the highway so as to constitute an immediate hazard when the driver is moving across or within the intersection.

If you have been involved in and/or are the victim or an accident, please contact Wood, Atter & Wolf, P.A. regarding your rights. You can also read more Florida Traffic Laws on the Wood, Atter & Wolf, P.A. website.

Pursuant to >Title XXIII - Motor Vehicles, Chapter 316 - State Uniform Traffic Control, Section 316.123 - Vehicle Entering Stop of Yield at Intersection, a Florida driving approaching posted stop or yield must, in obedience with such sign, slow down to a reasonable speed for the existing conditions and, if required for safety to stop their vehicle before entering the crosswalk or intersection.

In Florida car accident cases, as a general rule, any car that is approaching an intersection or crosswalk shall yield the right-of-way to any vehicle or pedestrian that is already in or at the intersection.

- If at a four-way stop intersection, the driver of the first vehicle to stop at the intersection shall be the first to proceed. If two or more vehicles approach this type of intersection at the same time, the driver of the vehicle on the left shall yield the right-of-way to the vehicle on the right.

If you have been involved in and/or are the victim or an accident, please contact Wood, Atter & Wolf, P.A. regarding your rights. You can also read more Florida Traffic Laws on the Wood, Atter & Wolf, P.A. website.

Pursuant to Title XXIII - Motor Vehicles, Chapter 316 - State Uniform Traffic Control, Section 316.123 - Vehicle Entering Stop of Yield at Intersection, a Florida driving approaching posted stop or yield must, in obedience with such sign, slow down to a reasonable speed for the existing conditions and, if required for safety to stop their vehicle before entering the crosswalk or intersection.

In Florida car accident cases, as a general rule, any car that is approaching an intersection or crosswalk shall yield the right-of-way to any vehicle or pedestrian that is already in or at the intersection.

Below are some other duties imposed on Florida drivers approaching a Yield or Stop Sign:
- If approaching a stop intersection, Drivers must stop at a clearly marked stop line, or if there is no stop line before entering the cross walk, or at the point nearest the intersection roadway where the driver has a view of approaching traffic before entering the intersection.
- If at a four-way stop intersection, the driver of the first vehicle to stop at the intersection shall be the first to proceed. If two or more vehicles approach this type of intersection at the same time, the driver of the vehicle on the left shall yield the right-of-way to the vehicle on the right.

If you have been involved in and/or are the victim or an accident, please contact Wood, Atter & Wolf, P.A. regarding your rights. You can also read more Florida Traffic Laws on the Wood, Atter & Wolf, P.A. website.

A man who was recently killed after he was struck by a BMW has been identified by Jacksonville, Florida, police as 42-year-old Samir Masil. Masil was killed after he was hit by a BMW driven by 18-year-old Amer Osmanovic. The incident occurred at the intersection of Powers Avenue and Toledo Road. According to the Jacksonville Sheriff's Office, Osmanovic was driving his BMW south on Powers Avenue a little after 6:00 p.m. when he veered off the road, hit a pole, spun out of control and eventually collided with three people, a parked vehicle and a food stand. The food stand was located at a BP gas station at the Powers and Toledo intersection. After being hit, Masil and a child were transported to a nearby hospital where Masil died. The identity of the child has not been released by officials. Osmanovic was also transported to a hospital with non-life-threatening injuries. For more details please read Man killed after he was hit by a BMW near a Jacksonville, Florida, gas station and food stand.

The death of this man is a tragedy for his family and community. Automobile accidents are a leading cause of death and personal injuries in the State of Florida. Good driving consists of practice and being alert while behind the wheel. Florida drivers need to ensure nothing interferes with their ability to see the road and react to situations or operate their vehicle properly. Florida drivers must stay alert as to what is going on around them, avoid driver distraction, and concentrate on driving and being on the look out for other vehicles, pedestrians, and bicyclistsYou can read more Florida Traffic Laws on the Wood, Atter & Wolf, P.A. website.

When a flashing red signal is illuminated, Florida drivers have a to stop at a clearly marked stop line. If no stop line exists, drivers must stop before entering the crosswalk on the near side of the intersection. If there is no crosswalk, then drivers must stop at the point nearest the intersection roadway before entering the intersection. The right to proceed through the intersection is subject to the rules applicable after making a stop at a stop sign. Florida Statute section 316.076 - Flashing Signals. However, this provision of sec. 316.076 does not apply at railroad-highway grade crossings; the conduct of drivers approaching such crossings is governed by sections 316.1575 and 316.159 of Chapter 316 - State Uniform Traffic Control. A violation of the provisions of this section is a noncriminal traffic infraction, punishable as a moving violation.

Basically, a flashing red light means the same thing as a stop sign. A flashing red light is used at ALL dangerous intersections.

Traffic signals are places at intersections to keep traffic moving and to avoid crashes. Florida drivers, pedestrians and bicyclists must obey these signals, except when an officer is directing traffic. If a traffic signal appears to be out of order, treat the traffic light as it if were a four-way stop sign.

Pursuant to Title XXIII - Motor Vehicles, Chapter 316 - State Uniform Traffic Control, Section 316.073 - Applicability to Animals and Animal-Drawn Vehicles, all Florida drivers of an animal-drawn vehicle upon a Florida roadway are subject to the provisions of Chapter 316 applicable to drivers of standard vehicles, except those provisions which by there nature can have no applications. Also, all the provisions of Chapter 316 applicable to pedestrians, except sec. 316.130(3), apply to any person riding or leading an animal upon a roadway or shoulder thereof.

An "animal-drawn vehicle" is typically a mechanized piece of equipment pulled by one animal or a team of animals.

Basically, this section of Florida Statutes, considers an animal-drawn vehicle like a standard vehicle. Therefore, any person who is operating an animal-drawn vehicle must follow the traffic laws as if they were the driver of a regularly operated, motorized vehicle. (NOTE: "Vehicle" is defined as every device, in, upon, or by which any person or property is or may be transported or drawn upon a highway, excepting devices used exclusively upon stationary rails or tracks.).

Two children were struck by a car while walking to summer school in Baker County, Florida. Kristen Connell, 12-years-old, and her younger brother Sean, 11 years-old, were struck by a Ford Focus as they crossed the street of Highway 121. The driver of the vehicle, 29-year-old Tara Nunley was on her way to work at the Department of Corrections. Both the Florida Highway Patrol and Baker County Sheriff’s Office are still investigating the accident and have not filed any charges.

Both children were critically injured from the pedestrian-automobile accident. Kristen was taken to Ed Fraser Memorial Hospital for evaluation and treatment of a fractured leg. Sean was airlifted to Shands Jacksonville Medical Center where he sadly died from his injuries, said the Florida Highway Patrol.

The children’s mother, Angelina Connell learned of the accident from her neighbor who started yelling for her to come outside. She told a news reporter that her son would likely still be alive if there was a crossing guard or a school bus on the Baker County Road. Connell said that she had been worried about her children crossing the road because there is no crossing guard during the summer time. The children were not permitted to ride the school bus because their residence is within two miles from Baker Middle School. Connell said that she will remember her son as a smiling, loving and caring child who always thought of everyone else before himself. For more information, see Mother Mourns Boy Killed By Car.

Good Samaritan James Michael Ledford, 34, was tragically killed as a result of a hit- and- run automobile / pedestrian accident. According to the Florida Highway Patrol (FHP), Ledford was riding in a pickup truck on State Road 415, south of Osteen when a motorcycle crossed the centerline and crashed into his vehicle. After the initial crash, Ledford quickly got out of his vehicle to check on the motorcyclist trapped under the truck, who later died. Ledford was then struck by a fast approaching vehicle that swerved to miss the truck but hit him instead. The driver of the vehicle did not stop, and left Ledford behind with severe injuries.

Ledford knew he was severely injured but managed to call his mother, Bernice Mims, and tell her that he had been run over. The man’s sister, Aleeca Ledford, said the call was gut- wrenching. Ledford sadly died at Central Florida Regional Hospital in Sanford. His father was also killed in a motorcycle accident years ago in Indiana.

The (FHP) said they have no information about the vehicle that hit Ledford. Sergeant Kim Montes of the FHP said that often pieces of a hit-and-run vehicle are found at the scene, but in this case there was nothing. This is likely because Ledford was low in the roadway when he was struck, according to Montes. She said that their best hope in solving the hit-and-run is for a passenger in the fleeing vehicle to come forward with information. For more on this topic, see who ran over, killed Sanford man helping dying biker?

Florida Statute 316.027 requires that the driver of any vehicle involved in a crash that results in injury or death of a person must immediately stop the vehicle at the scene or as close as possible. Any person who willfully violates this statute can be subject to a felony in the first degree for an accident resulting in death, and a felony in the third degree for an accident resulting in injuries.

From 2000 through 2009, federal highway records show that 47,501 pedestrians have died on the nation’s roads. In addition, Orlando, Florida has consistently ranked among the deadliest cities in the nation for pedestrians and bicyclists.

67-year-old Jack Courture was struck by an SUV when he attempted to cross Colonial Drive at Maguire Boulevard by Orlando Fashion Square. He sadly died two days later. Mighk Wilson, a smart-growth planner at MetroPlan (a regional agency that sets transportation policy) said that Couture may not have seen the SUV, or he may have underestimated its speed. Mighk added that it is a very easy mistake to judge the speed of a vehicle.

Wilson compared Couture’s death to the major trends in metropolitan-pedestrian deaths. Wilson’s study of pedestrian-vehicle accidents in 2003-04, 2008-09 and part of 2010 revealed that the majority of accidents occurred on roads with four or more lanes of traffic. The intersection at Colonial and Maguire where Couture’s accident occurred had eight lanes of vehicles. Couture’s death departed from the norm of Wilson’s research in that most pedestrian deaths occurred at night and did not take place at an intersection or cross walk. Also, alcohol and drugs are often involved. Although the investigation into Couture’s death is not complete, he was using a crosswalk in the morning and his friends say he did not abuse alcohol or drugs.

According to studies by Transportation for America, Central Florida has been the nation’s most dangerous area for pedestrians for the last two years. Wilson suggests installing more medians in multilane roads and adding more lights at night and additional crosswalks to improve street safety. For more information on this topic, see wide streets, fast cars, impaired pedestrians a deadly combination in Orlando.

According to statistics, Florida leads the nation in bicycling and pedestrian fatalities. In Largo, Florida, at least the 20th bicyclist was killed within the past year or so while riding on local roads. A report earlier this year about cyclist-vs.-car accidents in Hillsborough County revealed that the blame was split evenly for accidents between 2005 and 2009.

Gregory Gancarz, 55-years-old, was struck and killed by a van on Starkey Road. The police said that the accident occurred in the northbound curb lane in the 1200 block of Starkey Road., and the area of the crash had no streetlights. Investigators also said that the bicyclist did not have a headlight or taillight on the bicycle.

The driver of the van was Lonnie Baumbach, 62 years-old. The police said the van’s speed does not appear to be a factor in the investigation. Baumbach is an independent delivery contractor for the St. Petersburg Times; he has worked for the company for over eight years. The Times’ operations manager for home delivery, Jim Thompson, said that Baumbach had no other driving–related issues or complaints involving his work as an independent contractor.

The Florida Department of Transportation has launched a print, radio, and television campaign to promote pedestrian and bicycle safety. According to the Department of Transportation, the objective of the Pedestrian and Bicycle Program is to promote conditions for safe and effective travel by foot and bicycle in Florida. For more information, see bicyclist killed in Largo accident.

Although overall traffic deaths appear to be on the decline, the number of pedestrian traffic deaths seems to be on the rise, according to data provided by the Governors Highway Safety Association.

In Escambia County, Dustin Blake McFadden Smith was tragically struck and killed by two semi-trucks. The accident occurred on Highway 29 in Bluff Springs. According to the Florida Highway Patrol (FHP), Smith 21 was standing in the outside southbound lane of Highway 29 near Byrneville Road when he was first hit by a semi truck drive by Russell A. Joseph, of Repton, Alabama. Smith was then struck again by a semi driven by Ashley Wayne Hawkins, of Dozier, Alabama. She was unable to see Smith in the roadway because of poor lighting, said the FHP.

Both trucks stopped after the accident, and one of the truck drivers called 911 to report that they hit a pedestrian. Smith was found by Escambia County's first responders lying in the road of Highway 29 and was announced dead at the scene. The FHP believed Smith may have been involved in a single vehicle crash prior to being struck by the semi trucks; Smith’s vehicle was found at the edge of a wooded area off the roadway. According to the FHP, charges are pending the results of the traffic homicide investigation.

Florida follows California with the highest number of pedestrian deaths. According to the Governors Highway Safety Association report, there were more pedestrian accident fatalities in 2010 than in the previous four years. For more information on this topic, see pedestrian struck and killed on highway 29.

In Putnam County, Florida, the Florida Highway Patrol reported that a motorist hit a pedestrian in Interlachen and then fled the scene. It was reported that the driver was described as a man with brown hair who was about 5 Feet 10 Inches tall and weighed about 170 pounds. The vehicle was described as a older model white car. This general details may not be enough to track down the driver or the vehicle. Hopefully, the Florida Highway Patrol and other law enforcement are successful in locating the driver who was involved with this incident. The victim of this Florida hit and run accident was transported to Shands - University of Florida - Hospital.

It is the law in Florida to render aid and support to other drivers, pedestrians, and bicyclists when there is a motor vehicle accident. Pedestrians, bicyclists, and motorcyclists are at risk for severe injury when there is a motor vehicle accident. It is certainly an act of cowardice to flee an accident when a Florida Pedestrian Suffers Serious Personal Injuries.

A recently released study has Jacksonville, Florida (Duval County) as the third most dangerous city in the United States for pedestrians. From 2000 through 2009, over 300 pedestrians were killed in the City of Jacksonville. The national study also has other Florida cities as danger zones for pedestrians including Orlando / Kissimmee, Tampa / St. Petersburg / and Clearwater, Miami / Fort Lauderdale. One of the factors that may have put Jacksonville on the list is the wide intersections that are located throughout the city like the one at University and Beach Boulevard. These heavily trafficked area make it a dangerous and risky place for pedestrians to cross. For more information about this study see Jacksonville Third Most Dangerous City for Pedestrians in America.

A young woman in a powered wheelchair was struck and killed by a white pickup truck Saturday at about 1:30 a.m. The accident took place on Lambing Road in Jacksonville, Florida. The woman, who was in her early 20s, was announced dead at the scene.

Under Florida law, hit and run accidents can be a very serious crime with substantial penalties. Florida Statute 316.027 requires that a driver of any vehicle involved in a crash which results in the death of a person to immediately stop the vehicle at the scene of the crash, or as close thereto as possible. The driver must remain at the scene of the crash, and provide to the injured person (and police officer) their name, address, registration number of the vehicle, and license or permit to drive. Any person who willfully violates these requirements commits a felony of the first degree. Any person who willfully violates these requirements while driving under the influence shall be sentenced to a mandatory minimum term of imprisonment of 2 years. For more information on this topic, see Truck flees scene after striking woman in wheelchair.

Sandy M. Weidner, 38, of New Port Richey was listed in critical, but stable condition after being hit by a semi truck on Wednesday morning. The accident occurred roughly one mile south of the Exit 350/State Road 200 ramp, on the northbound side of I-75 in Ocala, Florida. Florida Highway Patrol troopers said that Weidner had pulled her Honda Accord into the emergency lane and then got out of the vehicle. She stepped into the outside lane and was hit by a passing semi truck. The driver of the semi truck, Jimmy Henderson, 64, of Georgia is employed by Yellow Roadway Corporation and was headed for Valdosta, Georgia. Henderson said he saw the woman standing beside her vehicle and thought she might walk into the roadway. When she did, Henderson quickly checked the middle lane so he could move over, but there was a vehicle in that lane. By the time the lane cleared it was too late, and the right front corner of the semi truck hit Weidner.

The personal and economic costs of highway crashes to local citizens and communities can be enormous. Roadside crashes account for one-third of all U.S. highway fatalities each year. More than 15,000 people are killed and nearly one million people are injured when vehicles run off the road and crash. Roadside crashes cost society $80 billion per year in medical expenses, worker losses, property damage, and emergency services. Florida Drivers should exercise extra caution when traveling on highways and be on the lookout for cars, pedestrians, and other hazards that could cause an accident. For more information, see Woman gets out of car is struck by semi on 1-75 Wednesday.

In Holly Hill (Volusia County), Florida, drivers will now be monitored by red light cameras which are now operational. While running a red light is never a good idea from a safety standpoint for drivers, passengers, and others, now a driver running a red light in certain areas of Holly Hill will receive a citation with or without the presence of law enforcement to witness the traffic violation. Some believe that red light cameras are unfair and unsupported by Florida law. Others welcome the technology if it means keeping the streets safer for motorists, motorcycle riders / bikers, bicyclists, pedestrians, and yes, children as well. For more information on this topic, see Holly Hill Switches on Red-Light Cameras. Better and safer driving can certainly reduce the incidents and accidents that lead to serious personal injuries and deaths on or near Florida roadways.

A Crescent City, Florida man was tragically killed after he was struck by a car while crossing U.S. 17. 47-year-old Ray Gene Blair was pronounced dead at the scene, the Florida Highway Patrol reported. The driver of the vehicle, 47-year-old Elia Hernandez, also of Crescent City, was traveling southbound around 9:30 p.m. when her automobile hit Blair. There was an unidentified passenger in Hernandez's car. No one else was reportedly injured. For more read Crescent City, Florida, man killed while crossing U.S. 17.

The death of this man is a tragedy for his family and community. Florida law requires all drivers to exercise due caution when encountering pedestrians. If you would like to read the Florida statute establishing the affirmative duty among Florida drivers to exercise due caution please read Florida Laws Regarding Pedestrians and Traffic Regulations - Importance of Exercising Due Caution When Pedestrians Are Present.

Jason Kneer, a 28-year-old man from Washington, Pennsylvania, was critically injured after he was struck by a car while crossing Universal Boulevard in Orlando, Florida. Kneer was crossing the street near the intersection of Universal Boulevard and Major Boulevard, located near Universal Studios theme park. He was transported to Orlando Regional Medical Center where he was listed in critical condition. The driver of the automobile, a Chrysler Sedan, was identified as 25-year-old Melinda Gonzales. There is a sidewalk that extends across the thoroughfare to an area of hotels and restaurants. Officials were unable to say where Kneer was headed or whether he was a tourist. According to police spokeswoman Sgt. Barb Jones, no charges have been filed in the crash. For more read Pennsylvania man in critical condition after hit by vehicle while attempting to cross Universal Boulevard in Orlando, Florida.

Universal Boulevard is a main road in Orlando, Florida. Surrounding this major street are many hotels, restaurants and Universal Studios theme park, thus attracting even more drivers. Pedestrians and drivers need to use extreme caution when they find themselves in heavily populated and busy Florida roadways.

In St. Johns (Julington Creek Plantation) Florida, a tragic accident ended the life of a St. Johns County woman (Lina Mourad). It was reported by the St. Johns County Sheriff's Office that Lina Mourad was struck by a trailer that became unhitched from a truck that was driven by Austin Baker. Julington Creek Plantation is a mostly residential area of Northwest St. Johns County. The main roadways in the area include Racetrack Road, State Road 13, Robert Road, and County Road 210. Lina Mourad was walking on a sidewalk in the area near the entrance to Julington Creek Plantation. It was reported that the truck was hauling a trailer with sod on it. See Update: Victim Id'd In Fatal Accident On SR 13 See also Woman Killed by Runaway Trailer in Julington Creek - St. Johns County Florida.

As a resident of Julington Creek, it is sad to see that an accident of this nature took place. Julington Creek should be a safe haven of sorts for the residents and visitors.
In residential areas like Julington Creek, it is vital that all trailers hauling plants, sods, and / or lawn equipment are properly secured to the truck. This includes safety chains and other safety measures to insure that trailers do not become unhitched completely and cause accidents of this nature. Since a death resulted from the accident, the St. Johns County Sheriff's Office, Florida Highway Patrol, and / or other agencies will complete a thorough investigation of the cause and preventability of this accident. Unfortunate, a seemingly safe area like Julington Creek can quickly turn into a danger zone for innocent pedestrians and bicyclists.

Trailer safety should start with an inspection of the trailer and trailer hitch prior to any trip with the trailer. Safety inspections and measures include but are not limited to the following:

Inspect the pin securing the ball mount to the hitch. Make sure that the pin in intact, properly inserted, and intact.

Inspect the hitch as it is attached to the trailer hitch on the vehicle.

Make sure that safety chains are properly attached and appropriate for the trailer, truck, and load being hauled.

Make sure that the amount of weight being towed is within compliance with manufacturer recommendations for the vehicle, trailer hitch, and trailer.

Check to make sure that the electrical lines are properly attached and that the turn signals and brake lights are functioning prior to departure.

It is important that a person hauling a trailer have proper education and training to hook up the trailer and then to inspect the trailer prior to departure. It would be the responsibility of the business owner to train its employees as to the proper attachment and inspection of trailers. It is also vital that the right equipment is being used for the vehicle and the trailer. By investing time and a minimal amount of money, a business and /or trailer owner can help improve the safety of trailers. This, in turn, will prevent most trailer related accidents from taking place.

A Jacksonville, Florida, woman was reported in life-threatening condition after she was struck by an automobile while crossing the street at the intersection of 103rd Street and Blanding Boulevard. According to Detective Darrell Edmonds, the driver of a Ford Expedition was turning left of a Krystal fast-food restaurant around 2 p.m. The driver hit the victim at a low-rate of speed while the victim was crossing the street. The female pedestrian was taken to Shands Jacksonville. No criminal charges have been filed thus far and no names have been released. For more details read Woman in life-threatening condition after being struck by car while crossing street in Jacksonville, Florida.

Many automobile-pedestrian accidents occur every year in every community. Typically, the pedestrian is walking along a sidewalk, crosswalk or standing at a bus stop when he or she is hit by the automobile. Although pedestrians are given the right-of-way under many Florida laws and scenarios, pedestrians should still be aware of their surroundings while near or around automobiles. If you would like to read a summary of the Florida Statute establishing a duty on Florida drivers to exercise due caution regarding pedestrians please read Florida Laws Regarding Pedestrians and Traffic Regulations - Importance of Exercising Due Caution When Pedestrians Are Present.

In Florida and other States, there are unfortunately many news reports of pedestrian and bicyclists injuries. Some accidents are avoidable if better attention is dedicated by the driver and / or the pedestrian and bicycle rider. Other accidents are just unfortunate tragedies that nobody could have expected. In Orange Park (Clay County) Florida, a 40 year old woman (Tonya Benefield) was hit by a vehicle on Blanding Boulevard. As a result of this vehicle - pedestrian incident, Ms. Benefield suffered critical personal injuries. The Florida Highway Patrol will conduct a thorough investigation of the incident to determine the cause and preventability of the incident. See Car Hits Female Pedestrian Crossing Blanding Boulevard.

In Miami and other Florida cities, it can be quite dangerous for pedestrians, bicyclists, and, yes, those in wheelchairs when travelling in or near Florida roads. The danger also applies when attempting to cross a road. To the extent possible, drivers should slow down when driving near pedestrians including those in wheelchairs. A vehicle especially a commercial truck or an 18 wheel truck can easily overpower and crush pedestrians, bicyclists, and people in wheelchairs. A tragic accident was reported in Miami-Dade County, Florida. NBC Miami covered a story in which a man in a wheelchair was hit and killed by an 18 wheeler while the man in the wheelchair was attempting to cross the intersection of 27th Avenue and Northwest 41st Street. As of the time of the initial reporting of the story, authorities had not determined fault for the accident. Since a death resulted from this incident, there will be an autopsy completed and a full report completed by Miami-Dade County authorities and/or the Florida Highway Patrol. See Man in Wheelchair Killed After Truck Hits Him.

A 16-year-old driver struck an 11-year-old pedestrian and his dog in Julington Creek, Florida. The 11-year-old was treated for minor personal injuries. However, the dog did not survive the collision. According to deputies at the St. Johns County Sheriff's Office, the 16-year-old was driving a 2002 Lexus SUV, drifted from her lane and struck the dog and child. The driver, who was neither personally injured or speeding, received a citation for failure to use due care. For more read 11-year-old reportedly OK after being hit by Lexus SUV, dog killed in collision. Pedestrian accidents can be easily avoided in Florida and other states by simply limiting driver distraction, reducing speed limits, and increasing driver attentiveness. All drivers in the state of Florida have an affirmative duty to exercise due care when encountering pedestrians. For more on Florida law concerning pedestrians and drivers please read Florida Laws Regarding Pedestrians and Traffic Regulations - Importance of Exercising Due Caution When Pedestrians Are Present.

In Jacksonville, Florida, the roads can be quite dangerous for drivers, passengers, and yes, bicyclists. Some bicyclists are on or near the roads for exercise and some are on bicycles for transportation. Regardless of the reason, drivers of vehicles including cars, trucks, and motorcycles should drive very careful when there is a bicyclists on or near a roadway. The bicyclists will have little protection from personal injuries when hit by a vehicle. Of course, a bicyclists can wear a helmet and protective shoes and clothing; however, these items only go so far to prevent or lessen injuries when a bicyclists is hit by a motor vehicle or motorcycle. The bicyclist was identified as Kevin Blair - age 56 - from Jacksonville, Florida. Police reported that Mr. Blair was southbound on New Kings Road when he was hit by a truck that drifted into the bicycle lane. The incident was witnessed and then reported to policy who were able to locate the truck driver. You can read more about this news story and the tragic death of this Jacksonville Florida bicyclist at Bicyclist Struck by Hit and Run Truck Driver Dies in Hospital.

A 6-year-old child was fatally struck by a 4-door sedan while trying to cross St. Johns Avenue near Wells Avenue around 10 p.m. in Palatka, Florida. The victim was identified as Tamarius Matson of Palatka, he was pronounced dead at the scene. According to the Florida Highway Patrol, Tamarious was attempting to cross St. Johns Avenue when he was struck by a 4-door Toyota, driven by 36-year-old Elona L. Williams, also of Palatka. The FHP stated that Williams swerved her automobile in an attempt to avoid hitting the child. However, he attempt was unsuccessful and she struck the child before hitting a utility pole. It is unclear whether or not the child was supervised at the time of the fatal accident. For more details please read 6-year-old child of Palatka, Florida fatally hit by car while attempting to cross St. Johns Avenue in Putnam County.

The death of this child is a tragedy for his family and community. Constant supervision of children is a key factor in reducing personal injuries sustained by children. Children should always be accompanied by an adult or other responsible and competent person while walking, crossing or otherwise traveling on busy Florida roadways. Florida also has its own statute requiring its drivers to exercise due care regarding pedestrians. For more information on the Florida law concerning drivers and pedestrians within the state please read Florida Laws Regarding Pedestrians and Traffic Regulations - Importance of Exercising Due Caution When Pedestrians Are Present.

In Waycross, Georgia, a leisurely day at the park for one family ended in the tragic death of 2 year old Deshawn Daniels. It was reported in at the News4Jax Website that the family of Deshawn Daniels and friends were at a park. A family friend decided to move his car. The family friend did not know that Deshawn Daniels followed him to the parking lot. Because of the driver did not know that the child followed him and did not see the child as he was backing up, the child was the unfortunate victim of a back over accident. The child was transported to a local hospital and then air lifted to Shands Jacksonville Medical Center. Unfortunately, efforts by the medical professionals could not save the life of this seriously injured child. Since toddlers have poor safety awareness, they are at high risk for injuries especially in or near parking lots and roadways. You can read mor about this sad story at Car Backs Over Waycross Georgia Toddler.

Backover accidents can be avoided in many instances. When you are approaching your vehicle, look out for the presence of all pedestrians and especially children. When backing up, go very slowly and check all mirrors the best that you can. Parents and guardians of children should do their part to keep toddlers supervised at all times and especially in or near parking lots and driveways.

If you have a question about a child injury whether from an automobile accident, dog bite, school injury, day care injury, or other causes, you can get important information regarding the rights of the injured child in the free book titled The ABCs of Child Injury - Legal Rights of the Injured Child - What Every Parent Should Know. Click here to receive your free copy of this child injury book.

Florida law protects the safety of pedestrians by requiring every driver of a vehicle to exercise due caution when pedestrians are present. Pursuant to Florida Statute 16.130 - Pedestrians; traffic regulations, the driver of a vehicle that is at an intersection and has a traffic control signal, must stop before entering the crosswalk and remain stopped to allow a pedestrian to cross a roadway while in the crosswalk. When traffic control signals are not in place or there is no signage indicating otherwise, the driver or a vehicle shall yield the right-of-way, by either slowing down or stopping completely, to a pedestrian crossing the roadway within a crosswalk. Florida driver's only have the right-of-way when a pedestrian tunnel or overhead pedestrian crossing has been provided and the pedestrian chooses to cross the roadway instead of using the tunnel or overhead crossing, or when the pedestrian is crossing a roadway at any point other than within a marked crosswalk.

Notwithstanding other provisions of this chapter, every driver 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. Even if a pedestrian is hit or injured outside of a crosswalk, a cause of action can be pursued based on this Statute and other Florida law if driver inattention, speed, distraction, or other negligence caused or contributed to the accident or incident causing personal injuries to the pedestrian.

Daytona Beach Police are currently looking for a driver who struck three pedestrians and sped off, one victim was killed. Investigators say all pedestrians were standing in the median of Ridgewood Avenue a little before 5:00 p.m. As the victims were trying to cross they were struck by a white, four-door vehicle that investigators believe may be a Buick or Nissan. One victim died while being transported to the hospital, the other two victims sustained non-life-threatening personal injuries. The man who was killed has been identified as 33-year-old Frederick Lewis Cook of Daytona Beach. The other two pedestrians were identified as Michael Ohara Thompkins, 29, and John Clarence Baldwin, 35, both are Daytona Beach residents. After the vehicle struck the pedestrians it sped off on Freemont Avenue. According to police there were 3 men in the vehicle and police suspect the vehicle to have damage to its front, hood and windshield. For more read 2 pedestrians injured and 1 killed after hit-and-run on Ridgewood Avenue in Daytona Beach, Florida.

Under Florida Law, a person who is involved in an automobile accident that results in the personal injury or death of another person must stay at the scene until all obligations are fulfilled. Those who violate this statute commit a first degree felony. If a driver who violates this statute and is later found to be under the influence, he or she will receive a minimum of two years imprisonment. For more on Florida law regarding a driver's duty to stop please read Duty to Stop at Accident Involving Personal Injuries - Section 316.027, Florida Statutes.

In Flagler County, Florida, an tragic accident was recently reported. The nephew of the Dalai Lama (Jigme Norbu) from Bloomington Indiana was struck and killed by a SUV while on a 300 mile walk - "Walk for Tibet". It was reported that Jigme Norbu was walking on the side of Florida A1A when the pedestrian / automobile accident took place. The accident was reported and will be investigated in more detail by the Florida Highway Patrol. In Florida, when there is a fatality, a Florida Homicide Crash Report will be prepared and distributed by a law enforcement agency (Florida Highway Patrol).

In Florida, there are many risks to pedestrians in and near Florida roadways. Florida is a tourist State and attracts many visitors who walk and ride bicycles in and near Florida roadways. Florida drivers should be accustomed to the presence of pedestrians and bicyclists and adjust their driving to account for their presence on and near Florida roadways. You can read more about the sad death of the Jigme Norbu at Dalai Lama's Nephew Hit, Killed by SUV During "Walk for Tibet" in Flagler County, Florida.

An Evans High School senior athlete was tragically killed after he was struck by a Ford pickup truck. The 17-year-old senior was identified as Jean Cherilus. Cherilus was killed during the early morning when the Ford veered off Vineland Road and onto the grass shoulder where Cherilus was walking. The driver of the Ford was identified as 52-year-old Richard Lawson of Kissimmee. Cherilus was walking in the northbound should of the road when Lawson's southbound truck veered right and struck the teen. The impact propelled Cherilus forward. Cherilus was pronounced dead at the scene around 9 a.m. Cherilus is suspected to be walking around the area because he has family nearby. Cherilus was a part of the wrestling, track, and footballs teams at Evan High School in Orlando, Florida. He was described by those as a "very sweet kid." Charges are pending while investigators determine whether or not alcohol was a factor. The tragedy of this teen is a tragedy for his family and community. Vehicular-related deaths are the number one killer for teenagers. For more details on Jean Cherilus and his tragic death please read Orlando teen killed after hit by Ford pickup.

A Jacksonville Florida pedestrian was sent to the hospital in critical condition after he was struck by a vehicle in Jacksonville Beach, Florida. According to Jacksonville Beach Police Sgt. Thomas Bingham, the pedestrian was struck around 8 p.m. on a Saturday evening at the 1300 block of Shetter Avenue. Bingham had no additional information on the pedestrian, the vehicle or the driver of the vehicle. The victim was taken by helicopter to Shands Jacksonville. For more details see Male pedestrian in critical condition after struck by car in Jacksonville Beach, Florida.

Jacksonville Beach, as well as surrounding areas including Neptune Beach and Atlantic Beach, have a high amount of pedestrian and cyclist traffic. Drivers in these areas need to drive the speed limit and pay extra attention to the road while driving in these hectic areas. Pursuant to Florida law, pedestrian do have the right-of-way. Therefore, drivers involved in pedestrian-automobile-collisions are more likely to be found at fault than the pedestrian. Protect yourself as a driver and pedestrians by paying attention and not engaging in distracted driving.

A hit and run accident in Apopka, Florida caused serious personal injuries to Michelle Moore (17 years old) from Orlando, Florida. The Florida Highway Patrol reported that Michelle was crossing the street at Orange Blossom Trail and Sprint Boulevard. The accident took place at 7:30 p.m. The driver of the hit and run vehicle fled the scene but police believe that Keith Gonzalez was driving the vehicle involved in the hit and run accident. An astute Orange County Deputy Sheriff located a mini-van with a smashed windshield after the accident. You can read more about this story at Orlando teen critical after hit-and-run crash in Apopka, FHP says

As with any investigation or criminal matter, the driver will be entitled to the services of a Florida criminal defense lawyer or the services of the local Public Defender. The State Attorney must prove its case from witness statements, forensic evidence, and other evidence on the case.

At all times possible, drivers should yield and slow down when there are pedestrians in the area whether the pedestrians are using an assigned crosswalk or not.

A Massachusetts Man was killed after he was hit by a Walt Disney bus at Walt Disney World's Port Orleans resort. The man was identified as 69-year-old Robert Krueger of Yarmouth Port, Massachusetts, on Cape Cod. Krueger was walking alone when he stepped onto the street and into the path of a Disney Bus traveling through the parking lot of the resort. According to the Florida Highway Patrol (FHP), Krueger was struck by the front of the bus, knocking him to the ground. Krueger was later pronounced dead at Orlando Regional Medical Center. The driver of the bus was identified as 57-year-old Rosemary Kincaid of Lake Alfred, Florida. Kincaid did have passengers on board but no injuries were reported. Although the crash is still under investigation, Sgt. Kim Montes, spokeswoman for the FHP, said charges were unlikely due to the fact that Krueger was not walking in a designated crosswalk and the bus had the right-of-way. Some skepticism is being received by locals because of a previous accident that occurred in early April. On April 1, Chase Brubaker, a 9-year-old boy of St. Petersburg, Florida, was struck and killed by a Disney Bus while he was riding his bicycle with a friend at Disney's Fort Wilderness Resort campgrounds. In that incident the FHP blamed the collision on the fact that Chase's tires in his bicycle had little or no air in them. If you would like to read more on this story please see Massachusetts man fatally struck by Walt Disney bus at Port Orleans resort.

Pedestrian personal injuries can be very severe and sometimes fatal. Both pedestrians and drivers should do their part in being courteous to one another and do their best to stay alert and make good decisions when travelling on or near Florida's busy Orlando roadways.

In the Sunshine State of Florida, sun glare can be a factor for drivers and the cause of accidents, including accidents involving pedestrians. Taking precautions, such as wearing sunglasses, cleaning your windows, slowing down, and using your visor are simply a few ways to avoid accidents due to the sun glare in Florida.
A Merritt Island child, 10-year-old David Yassa, was hit by a car as he attempted to cross the road. The driver, Louis Martin Karg, told officers that the sun’s glare made it difficult for him to see the child, who was airlifted to Arnold Palmer Hospital. The Florida Highway Patrol is still investigating the accident.
According to National Highway Traffic Safety Administration, in 2002, 158 fatal accidents were reported to be the result of sun glare. The issue of sun glares, or even light glares in the evening are serious. Drivers and pedestrians should consider such risks while driving and take the proper precautions to ensure such accidents do not exist.

There are dangers to pedestrians crossing the road in Florida. A pedestrian who is innocently walking on a sidewalk, crosswalk, or even through a parking lot can be hit by an inattentive driver, which in turn can cause serious personal injuries and wrongful death. Many pedestrian accidents and injuries can be avoided, in Florida and other states, by limiting driver distraction, by reducing speed in residential and commercial areas, and by giving the right-of-way at all times possible to pedestrians.

Injuries to a pedestrian may result if a driver does not take such precautions. If injuries do result from the actions or lack of actions by a driver, then the pedestrian may have a claim for injuries, related medical expenses, loss of enjoyment of life, future medical expenses, etc. Florida allows recovery for injuries if the claim is made within four (4) years of the date of the incident.

A recent example of a pedestrian accident was in Utah, when a Florida woman was struck by a car as she crossed the road. The woman was unconscious due to the crash and was transported to the hospital with critical injuries.

A 27-year-old pregnant woman was killed after being struck by a vehicle while trying to cross a street in Miami, Florida. The woman was identified as Cecelia L. Chinn. Chinn and a man were trying to cross a street in Miami's Kendall neighborhood when both pedestrians were struck. The man sustained no personal injuries. Chinn, who was 7 months pregnant at the time of the incident, was taking to Jackson Memorial Hospital. Neither Chinn nor her unborn child survived. The driver of the automobile stayed at the scene, no charges have been filed. If you would like to read more on this story please see Pregnant woman killed after being struck by a vehicle.

The death of this woman is a tragedy for her family and community. Under Florida law, pedestrians have the right-of-way. Therefore, drivers need to yield to pedestrians at all times possible. Of course, there are incidents in which a pedestrian fails to obey traffic signals and darts out into traffic. When these circumstances take place, it is very difficult for a driver to avoid hitting the pedestrian.

It is important that drivers of busy Florida roadways stay attentive and alert while driving. Distracted driving has become a nation-wide problem. Drivers should refrain from talking and texting on a cell phone, listening to music too lougly, or eating and drinking while driving. Drivers who keep their focus on the road will decrease the likelihood of being involved in a collision with another car or hitting pedestrians and bicyclists.

Sergeant Wesley Richard Whitmore, Jr. of Polk County Sheriff’s Office was killed when the driver of an Escalade crashed into his patrol car.

According to witnesses, before hitting the officer, the driver of the Escalade went through metal barriers, struck a woman, Wanda Perez, that was standing outside her own business, crashed into her business, went through a parking lot and then smashed into the patrol car, the force of which spun the patrol car in 180 degrees, before continuing through shrubbery, through a retention pond and into an intersection.

According to the report, there were no indications the driver ever hit the brakes and the police are still trying to determine how the driver lost control of the vehicle.
The business owner who was first struck suffered injuries and was transported to Winter Have Hospital.

In Florida, the surviving family of 60-year-old Sgt. Wesley Richard Whitmore, Jr., may have a claim for wrongful death against the driver of the Escalade. Wrongful death actions have been recognized for the surviving family members to recover for the damages that result from the loss of a spouse and/or father. Such claims for negligence must be brought within two (2) years of the date of incident.

Francois Simon, a 70-year-old Polk County resident, was hit and killed by a 17-year-old Polk County teenager. It was reported that the teenager was driving her 2004 Dodge truck when the right side of her truck hit Simon, who was walking northbound on the roadway. The girl continued on her path and picked up her friend for school before getting to Kathleen High School, where she reported the accident to the School Resource Deputy. Once the police responded to the scene, Simon was pronounced dead. In Florida, leaving the scene of an accident with injuries is illegal and the teenager could be charged with a third degree felony. If she is, then she is entitled to an attorney to represent her. Currently, her fate is unknown because the investigation is ongoing.
Simon’s family potentially has a Wrongful Death claim against the teenager. If the car is registered to her parents, then the claim could be against both her and her parents. In Florida, a wrongful death action must be brought within two (2) years, unless the death is caused by an intentional act. In cases such as this, the driver and her parents’ car insurance would be responsible for representing them in the Wrongful Death claim.

A Jacksonville, Florida man was sent to the hospital with life-threatening personal injuries after he was struck by a car at a busy Jacksonville intersection. According to eyewitnesses, two men were crossing Old Baymeadows Road from the Deerwood Village shopping center headed towards a nearby apartment complex when one of the men was hit by a green Toyota. Based on witnesses accounts and the minor amount of damage done to the truck, law enforcement officers determined that the driverwas not speeding. The injured pededstrian was taken to Shands Jacksonville with life-threatening personal injuries. The other pedestrian left the scene and was not found until by police until later the same day of the accident.

According to traffic homicide detective Brian Blaquiere, this intersection is not very pedestrian-friendly; this is Blaquiere's second car-vs.-pedestrian investigation at the site. Many people are lured to the area because of its numerous restaurants and other shops, however, drivers are failing to yield to those people on foot. If you would like to read more on this story please see Man hit at busy Jacksonville, Florida intersection, sustains life threatening personal injuries.

In Florida, it is the law that all automobiles yield the right-of-way to pedestrians. Automobiles can inflict serious personal injuries and, in some instances, death.

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A Jacksonville hit-and-run accident left two seniors dead and a number of questions. A Florida couple, Nubark Nuhibian, 97, and Lillian Nuhibian, 66, were on their way home after Bingo when they were struck by a car driven by, Elizabeth Harmon. Harmon’s vehicle was rear-ended by another vehicle. The driver of the other vehicle fled the scene.

The couple was crossing 103rd Street when they were struck by Harmon’s car. According to the police, Harmon was unable to stop in time to avoid hitting them. However, when she came to a stop, she was struck from behind by another vehicle.

It is unclear if the second vehicle caused any further damage to the couple or injuries. In Florida, leaving the scene of an accident is illegal and the Florida Highway Patrol has been diligent in investigating hit-and-run accidents.

When a vehicle strikes a pedestrian, the injuries can often be life threatening. Florida law allows the family or estate to recover for damages suffered due to the negligence of another, under the Wrongful Death Act, which you have ttwo years to file. If the at-fault driver was not insured, then the claim may be against the uninsured motorist coverage held by the injury victims. Uninsured motorist insurancehttp://www.woodatter.com/ coverage applies in two scenarios:
1. The at-fault driver does not have bodily injury insurance or
2. The at-fault driver’s bodily insurance coverage is not enough to compensate the injured party.

Continue reading "Elderly Pedestrians, Nubark Nuhibian and Lillian Nuhibian, Die as a Result of Personal Injuries in Jacksonville Florida" »

The Florida Highway Patrol was called to an accident Tuesday night on I-95 near Ft. Lauderdale after the driver of a Toyota Camry lost control of the vehicle and ran off the road, hitting five (5) people changing the tire of SUV. The accident caused the death of two and injured three of the pedestrians.

The occupants of the SUV had left the vehicle to change the tire, after pulling into the grass off the Interstate. As they stood outside of the car, the driver of the Camry lost control, went through the grass, hit a fence, and came to a stop near railroad tracks.
The accident left two dead at the scene of the accident, the other three pedestrians were taken to the hospital with non-life threatening injuries and the driver of the Camry was transported to the hospital with serious injuries.

In Florida, drivers are required to maintain insurance coverage of $10,000 in personal injury or no-fault coverage. This insurance pays 80% of medical bills up to $10,000 for the insured driver, regardless of fault. When a pedestrian is injured, the no-fault coverage extends to the pedestrian if s/he owns a vehicle. If the injured person does not, then they fall first under the insurance of a family member with whom they reside.

Florida also recognizes injury claims against the at-fault driver for wrongful death actions or claims of injuries. If the at-fault driver does not have bodily injury coverage, meaning a policy that covers injuries caused by the at-fault driver, then the injured party may have a claim against their own insurance, if s/he has uninsured/underinsured motorist coverage.

In Florida, a claim for injuries from a car accident must be brought within four (4) years of the date of the accident. If the claim is for wrongful death, then it must be brought within two (2) years of the accident unless the death was caused by an intentional act, like homicide, then there is no bar on how long the family or estate has to bring the action. However, that does not appear to be the case in this accident.

PIP coverage of $10,000, which is designed to cover medical expenses and lost wages related to injuries resulting from an accident. The PIP coverage applies even to pedestrians, which should be helpful to a young lady and her family after, Kaitlyn Beckham, a Panama City high school senior, suffered injuries after she was struck by a tire as she walked across the Hathaway Bridge.

The driver of the vehicle is unknown because the driver did not stop at the scene. Also, no witnesses stopped to report the incidents, so the vehicle and its owner remain unknown. Due to the tire not rendering the vehicle inoperable, authorities believe that the vehicle in question was a multi-axle vehicle, like a semi-truck.

The tire not only led to the injuries of Kaitlyn Beckham, but also caused other automobile accidents who were distracted by the incident. The driver of the vehicle could face charges for leaving the scene and not properly maintaining the vehicle.

Kaitlyn’s medical bills, at least up to $10,000, will most likely be covered by PIP coverage held under either her or her parents’ insurance. In addition, if they have Uninisured/Underinsured Motorist (UM) coverage, then she may be able to recover for her injuries and any related out-of-pocket expenses. UM coverage comes into play because the at-fault vehicle is unknown.

Florida hit and run accidents have increased in the last few years, according to the Florida Highway Patrol. In Central Florida, the highway patrol investigates an average of 10 hit and run accidents per day. Of these, there remain a number of unsolved fatal hit and run accidents from 2009 to the present.

The family of a hit and run victim, Justin McWilliams, lobbied the Florida legislature for the passing of the Justin McWilliams Act. The law, also known as Florida Statute 316.024, mandates that the driver of a car involved in an accident with injuries to any person stop the car and remain at the scene of the accident a person involved in an accident bring their car to a stop and waits until all information has been given to the police on that arrive.

Those that leave the scene of an accident are often located through an investigation and charges are generally brought against them. Leaving the scene of an accident does not help you because the punishment for leaving is far greater than not having proof of insurance at the time.

Due to the increase in hit and run accidents, the Florida Highway Patrol has actually implemented more aggressive tactics for locating these drivers. Investigations are remaining open and the Florida Highway Patrol is working with individuals and media to locate the drivers. Fleeing and hiding are often unsuccessful.

Jacksonville woman, Dianna Poturich, was struck and killed in a car accident early Sunday morning on Interstate 295. Due to road debris, there was a chain of crashes that occurred at approximately 2:15 a.m. The first car was traveling northbound when it came to a stop after hitting roadside debris. The next car hit the disabled vehicle and then the third car, driven by Dianna Poturich came to a stop and she exited her vehicle. As Poturich walked by her vehicle, a fourth car struck her car on the left side, pushing Poturich’s own vehicle into her.

The road debris was not identified in the article, but often road debris is left from other vehicles not securing items on their car or truck correctly. Florida Statute 316.520 requires that all items be properly secured down on a vehicle so as not to be blown or dropped onto the roadway. In this case, had the debris been determined to be from a specific vehicle, then that vehicle owner could be liable for all accidents that occurred as a result. There may also be Uninsured or Underinsured Motorist issues applicable to a case of this nature if origin or debris cannot be linked to a particular vehicle or driver.
Florida also recognizes comparative fault, meaning that a percentage of fault can be placed on each vehicle. If one were to recover for damages, then the recovery will be reduced by that person’s percentage of fault.

In a situation like this, with multiple rear-end collisions, the assessment of fault could be distributed among the drivers. The percentages would be based on more detailed information that has been reported in the newspaper and Internet.

In Florida, there are a number of laws / statutes in place that apply to traffic regulation and rules of the road. It is important for every driver to obey Florida traffic laws and otherwise operate his or her motor vehicle with due care and caution. Section 316.075, Florida Statutes requires all vehicular traffic to stop and remain stopped at a red light until it changes. While this law is simple and clearly written, drivers violate this Florida statute every day on Florida roads and highways. A traffic control device is in place for a purpose. Following the traffic control device is vital for the safety of drivers, passengers, bicyclists, and pedestrians. A recent automobile accident / bus accident was reported in California by California News 13 - Deadly Los Angeles School Bus Crash. As a result of this automobile accident, 19 people were injured and 1 was killed on Monday after a BMW ran a red light, hit a pedestrian, and broadsided a school bus, making it flip onto its side. The driver and all but one passenger of the BMW fled the scene and were later caught by the police with the help of a nearby construction worker.

As illustrated by this reported accident, simple compliance with traffic control devices (i.e. red lights) can save lives and avoid the horrific consequences caused by careless driving.

Tire Kingdom on San Jose Boulevard in Jacksonville, Florida was the scene of an accident Tuesday afternoon after a woman drove through the store’s front window. The car hit a woman who was standing outside the store which caused injuries. The serious injuries required the woman to be flown to the hospital. The driver of the car told a Channel 4 reporter that she thought she was placing the car in park, but went into drive instead.

In a pedestrian accident, the injured pedestrian can still get no-fault medical coverage, known as PIP, through her car insurance carrier. If this pedestrian owns a vehicle and maintains PIP coverage, as regulated by state law, then her initial medical bills will be covered under her own automobile insurance policy.

In addition to the initial medical bills, pedestrians can file a claim for injuries against the at-fault driver. If the at-fault driver does not have insurance or has limited bodily injury insurance, then the pedestrian can file a claim under her underinsured, uninsured (UM) coverage, if she has it.

Continue reading "Accident with Serious Personal Injuries at Tire Kingdom In Jacksonville" »

Pedestrian versus vehicle accidents often result in severe injuries, the same was true in Silver Spring, Maryland when two pedestrians suffered fatal injuries after being struck by a car. The two men, both 26 years old, were walking in the cross walk around 3:30 a.m. Sunday morning. It was reported that the pedestrians were hit by a driver in a black 2010 Acura who later fled the scene after getting out of the vehicle to see what the driver had it. A witness chased the car down and made the driver and passenger return to the scene until police responded. The driver was later located and given a field sobriety test. If criminal charges are pursued, the alleged driver of the vehicle at issue in this accident will be entitled to representation by a criminal defense attorney or the public defender's office.
Florida and Maryland consider a .08 alcohol level to be intoxicated and reason to charge a driver with a DUI. A DUI manslaughter, which would define this scenario, is a higher criminal offense. In addition, the driver could be held liable in civil court for the wrongful death of both pedestrians. In Florida, a wrongful death claim has to be filed with the court within 2 years of the offense. A civil component would allow the family or estates of the two men to seek damages from the at-fault driver, such damages would be payable from the car insurance of the at-fault driver if there is bodily injury insurance in place. If not, or if the damages are higher than his coverage, then the at-fault driver could be held personally responsible for any money damages as well.

Pursuant to Section 316.130, Florida Statutes, the driver of a vehicle at an intersection
that has a traffic control signal in place shall stop before entering the crosswalk and remain stopped to allow a pedestrian, with a permitted signal, to cross a roadway when the pedestrian is in the crosswalk or steps into the crosswalk and is upon the half of the roadway upon which the vehicle is traveling or when the pedestrian is approaching so closely from the opposite half of the roadway as to be in danger.

Furthermore, this same statutes provides that the driver of a vehicle at any crosswalk where signage so indicates shall stop and remain stopped to allow a pedestrian to cross a roadway when the pedestrian is in the crosswalk or steps into the crosswalk and is upon the half of the roadway upon which the vehicle is traveling or when the pedestrian is approaching so closely from the opposite half of the roadway as to be in danger.

There are other statutes in place in Florida that pertain to pedestrians. The most simple way to put it is that vehicles should yield to pedestrians. The weight and force of a vehicle is no match for a person. When driving, take the extra time to slow down and give every deference to a pedestrian especially child pedestrians. You can read more about Section 316.130, Florida Statutes and other laws at the Official Site for the Florida Statutes.

Written By: Lenorae C. Atter
Attorney at Law

A pedestrian died after being struck by a car on U.S. 1 near Lewis Speedway in St. Johns County, Florida on Tuesday night. According to Channel 4 News, the victim was 22 year-old Dominic Amodeo, of Huntington Station, NY.

His body was found approximately 4 miles away from where the owner of the vehicle told police she hit a deer, after the car was placed at the scene by a witness. The Florida Highway Patrol's investigation led FHP to believe that Dominic Amodeo was walking south on the shoulder of U.S. 1 a little south of Lewis Speedway when he was struck by the vehicle. It was first believed that the driver's owner, Nicole Jonas, 21 of Palm Coast, was driving the car as it struck the victim. However, a few hours after the accident, the police received a phone call from a man stating that he had hit and killed the pedestrian. The man was later identified as Jonas's boyfriend.

When walking at night, it is always a good idea to wear light colored clothing and walk against traffic, according to Florida safety tips. This helps them see you and for you to see what may be coming towards you.

If you are wondering who would be liable for this type of accident, the owner of the car and the driver can be held liable. Typically, unless a vehicle is stolen, the owner has given permission to the driver to use the car or truck. Once that permission is given, the owner of the car is liable for the negligent actions of the driver and the driver is liable for his/her own negligent driving in Florida.

Continue reading "Pedestrian Accident in St. Johns County " »

On Monday afternoon a 13-year-old girl was injured after trying to cross the 4 lane University Blvd. near Jacksonville University.

At approximately 3:00 p.m., the girl was crossing University Blvd. heading east towards the Public Library and Gazebo Shopping Center. As she made her way across the roadway, a woman driving a Mazda Protege saw her and attempted to avoid hitting the girl by swerving the vehicle. The teenager's body crashed into the windshield and subsequently hit the top of the vehicle.

The teenage girl survived, without life threatening injuries. Her condition has not been updated. The driver of the Mazda Protege was not cited for the accident.

Reports were unclear as to whether the girl was in a crossing in a crosswalk at the time of the accident. Florida law regarding pedestrians, requires pedestrians to cross in a road in a crosswalk, where available. If the girl was crossing at a crosswalk, then Florida law requires drivers to yield to pedestrians as soon as they are in individual's foot is in the crosswalk. However, if there was not a crosswalk, then Florida requires that the pedestrian give-up the right-of-way to the oncoming vehicle.

Liability in pedestrian injury cases are not always clear cut. Each case should be evaluated on its own merits and facts. The use or lack of use of a crosswalk is not the only fact to evaluate in such cases.

Personal injuries suffered in a pedestrian accident are often serious and it is important to speak with a Florida personal injury attorney so you understand your rights and options. Wood, Atter & Wolf, P.A. understands your rights and can assist you with your legal needs.

A Jacksonville, Florida man, James Leon Odum, was arrested Sunday, August 15, 2010, for a hit and run with injuries. According to a news story reported by First Coast News, the man admitted to police that he may have been driving under the influence.

The victim, Anthony Griffith, was driving his Honda Fit up the I-10 ramp from Irene Street Saturday night when he was rear-ended twice by a truck. When Griffith pulled his car over to assess the damage, the truck ran into him and drove away. As a result, Griffith suffered multiple injuries including a broken leg and five fractured ribs.

According to the Jacksonville Sheriff's Office, Odum reported the automobile accident and informed the police that he may have hit someone on the I-10 ramp. Odum also informed the police that he may have had too many drinks before driving his truck home.

Driving under the influence is not only negligent, but reckless.

Continue reading "Jacksonville Florida Man Injured in Possible DUI Accident" »

On August 16, 2010, a bicyclist in St. Augustine, Florida was injured after being hit by car while she was riding across the Kmart Plaza entrance off US 1.

A witness stated that the woman riding the bicycle was near the Kentucky Fried Chicken when she was struck by the vehicle. The woman was flown from her bike as a result of the impact and suffered head injuries. Once rescue responded, she was transported to Flagler Hospital and later sent to Jacksonville by TraumaOne air transportation.

The bicycle accident is being investigated by the Florida Highway Patrol and St. Johns County Sheriff's Office.

Investigations of this kind are usually done to determine fault for the accident, in accordance with Florida law. In Florida, bicyclists fall under Florida Statute 316.2065. If this cyclist was traveling in a crosswalk, then the accident will fall under Section 316.2065(10) of Florida Statutes, "A person propelling a vehicle by human power upon and along a sidewalk, or across a roadway upon and along a crosswalk, has all the rights and duties applicable to a pedestrian under the same circumstances."
Injuries suffered by a cyclist hit by a vehicle can be extensive.

Continue reading "St. Augustine Bicyclist Injured In Accident on August 16, 2010" »

Fatal pedesrian accidents in Jacksonville, Florida can sometimes have a community impact. Often we hear of accidents involving pedestrians and vehicles and the impact of that can ring out because at one point we have all crossed a roadway or slammed on brakes for a pedestrian crossing the road. The impact of losing a community figure-head or leader can be devastating, but can also remind us of the dangers on or near our roadways every day.
Recently, as reported by Jacksonville news and in the Florida Times Union, pastor Bryan Turner of University Baptist Church on July 10, 2010 was hit by a car as he ventured to inform a neighborhood of vacation bible school. The church van was stopped in a the residential neighborhood located near Spring Park Road with the intent to deliver news of vacation bible school. As Pastor Bryan Turner exited the church van,he walked to the front of van and entered the roadway to cross the street. As he did so, a vehicle pulled out from behind the van and did not see Bryan Turner as he stepped into the lane. According to witnesses, neither party saw the other.
Pastor Bryan Turner was treated at Shands Hospital for severe injuries including injuries to the brain. On Thursday, July 15, he lost his battle. Services, which will certainly be well attended for a man that dedicated his life to service of others.
The tragedy that surrounded Pastor Turner's fatal injuries is one that serves as a reminder of the responsibility that drivers hold while operating their vehicle.
While driving, it is important to pay attention to other drivers, construction areas, bicycle riders, and, yes, pedestrians.

People do not usually have an intent to lose concentration on the road, but it does occur and that negligence can lead to injuries. A tragedy often reminds us that we need to remain focused and aware at all times, hopefully the loss of someone so dear to our community will help remind drivers that defensive driving is important at all times.
Educating yourself on what rights you have if you are involved in such an accident is perfectly understandable and it makes sense to speak with someone that can explain those rights to you. Florida Personal Injury Attorneys can serve to educate those impacted by such accidents to make certain rights are protected.

A 29-year-old Florida woman has been cited for DUI after she struck and injured three pedestrians with her car in downtown Gainesville, Florida.

Police officials say that blood-alcohol content tests for Willandra Manuel showed a level of 0.129. The legal limit for Florida DUI is .08.

The pedestrian accident happened on May 22 at 1:55 a.m. Three pedestrians -- Tiffany Keller, 21, of Lake City; Alex Barron, 22, of Waldo; and Carrisa Wester, 19, of Lake City – were crossing the street in the crosswalk when they were struck by Manuel’s vehicle, which was traveling in the curb lane through the intersection.

Witnesses said that the car appeared to be going the speed limit when it hit the pedestrians in the crosswalk. Manuel told the police that she did not see the pedestrians crossing.

The three accident victims were taken to the hospital with non life-threatening injuries. One of the victims told police that the crossing light had given the pedestrians the “walk” signal even though the light was turning yellow.

Crossing a busy street can always be dangerous, but extra care should be taken when it is late at night and the chances for impaired drivers to be on the roads is greater.

A Jacksonville, Florida pedestrian who was crossing the street in front of the Caney Branch subdivision in the 12200 block of Dunn Creek was struck and critically injured by a pickup truck as he stepped in front of traffic in the dark.

The man, whose name was not released, was taken to Shands Jacksonville for treatment.

Obviously, when a human being is struck by over a ton of steel, the results are usually catastrophic. The National Highway Traffic Safety Association reports that cars injure over 100,000 pedestrians every year; another 5,000 pedestrians are killed annually by motor vehicles, including over 600 in Florida.

While most pedestrian accidents happen because a driver was speeding, drunk, distracted or failed to observe traffic signals or crosswalks, pedestrians are sometimes at fault. The most common errors that pedestrians made include:

• Suddenly running out onto a busy road
• Not crossing at designated crossing areas
• Crossing too late, under the “don’t walk” sign

In the event you are involved in a pedestrian accident, you should:

• Notify police
• Gather contact information from everyone involved, including any witnesses
• Get medical help, even if you think you don’t need it – you may be in shock
• Write down everything you remember about the incident
• Keep track of all your expenses related to the accident
• Consult with a Florida personal injury attorney

To learn more about pedestrian safety, read Pedestrian & Bicycle Safety.

The Florida Highway Patrol is looking for the driver who killed an Astatula man in a hit-and-run pedestrian accident on June 21, 2010.

The FHP discovered the body of 32-year-old Shane Clinton Moore at 6:44 a.m. on June 21 on Duda Road after someone called 9-1-1 to report a man lying in the road. Moore was pronounced dead at the scene.

Investigators say that Moore could have been hit by a dump truck or a large truck with dual rear tires, based on the skid marks left at the scene. They said there was little debris left from the vehicle, so they have no evidence as to the make or model of the vehicle involved in the pedestrian accident.

The investigators also said that it appeared the vehicle tried to take evasive action, and that the accident may not have been the fault of the driver. However, under Florida law, anyone involved in a pedestrian accident is still required to stop.

Law enforcement officials said they had received a call earlier about a man in the road who appeared to be intoxicated; another emergency call came in 42 minutes later reporting a man lying in the road.

Anyone with information on the hit-and-run pedestrian accident is asked to contact the Florida Highway Patrol dispatch at 407-737-2213.

When an automobile accident occurs in Florida, finding out who is at fault is not always as easy as you might think. There are some instances when a person or company could be sued for negligence in an auto accident even if the person or high ranking company official was not driving or even in the car at the time of the accident.

Here are the most common scenarios when you might be found at fault:

Someone Else Drives With Permission of Vehicle Owner – In Florida, a car owner is responsible for damages caused by accidents involving the negligent operation of their vehicle by anyone who has the owner’s permission to drive the car.

Children – if a child is at fault for an automobile accident, both the teen driver and the owner are equally responsible under Florida’s “dangerous instrumentality rule”.

An Unfit Driver – If a car is entrusted to an unfit driver and his or her negligence causes a Florida automobile accident, both will be liable for injuries and damage. This can include a driver who is intoxicated, unlicensed or under age, inexperienced, reckless or elderly. This is known as “negligent entrustment”.

Your Employee – If an employee is driving a company car and is involved in an accident because of negligence while working, the owner can be held liable.

If you need more information on negligence associated with a Florida auto accident, contact our Jacksonville personal injury attorneys for advice and consultation.

Each state imposes a statute of limitations on filing personal injury lawsuits and Florida is certainly one of them. What is a statute of limitations? It simply means the period of time in which a person must start legal proceedings.

Here are the Florida statutes of limitation:

Personal Injury – legal proceedings must be initiated within four (4) years from the date of injury.

Medical Malpractice – legal actions against medical professionals must be filed within two (2) years – either of the date of the act that resulted in the injury, or within two years from the date the injury was (or should have been) discovered. However, if a plaintiff is able to prove the presence of concealment, fraud or misrepresentation regarding the injury, the limitation period is extended for another two (2) years.

Professional Malpractice – legal actions against professionals (accountants, attorneys, etc.) must be filed within two (2) years of the date the injurious act was (or should have been) discovered.

Product Liability – actions must be filed within four (4) years from the date of injury.

Wrongful Death – action must be filed within two (2) years of the date of death.

Fraud – must be filed within four (4) years.

Defamation – charges of libel, slander or defamation must be filed within two (2) years from the date of the action.

If you or a member of your family have been injured and suffered any physical or emotional loss, contact our Jacksonville personal injury law firm.

Understanding how damages are awarded in Florida personal injury cases can provide insight into what your personal injury case may be worth. These are the most common types of damages awarded in Florida personal injury cases:

Compensatory Damages – these are meant to compensate an accident victim for any loss incurred because of an accident or injury. The primary types of compensatory damages include:

• Medical – the cost of medical care incurred because of the accident, both current and future, including expenses associated with a permanent disability or disfigurement.
• Property – reimbursement for repairs or fair market value of any property lost or damaged because of the accident.
• Income – lost wages as well as any future earnings impacted by the accident.
• Pain and Suffering – compensation for any pain or serious discomfort caused by the accident, including any ongoing pain or discomfort.
• Loss of Enjoyment – if you can no longer enjoy something you used to do because of the accident – for example, if you were a marathoner and could no longer run, you may be entitled to compensation for loss of enjoyment of life.
• Emotional Distress – compensation for the psychological impact of an accident or injury.
• Family Relationship Interference – if your accident or injury interfered in any family relationships, either with your spouse or children.

Punitive Damages – when a defendant’s conduct is found to be especially careless or egregious, a plaintiff may be awarded punitive (punishing) damages. Florida has a cap on punitive damages of $500,000 or three times the amount of compensatory damages, unless the case involves child or elder abuse. If the defendant caused the injury because they were motivated by financial gain, punitive damages can be raised to $2 million or four times compensatory damages. In all punitive damage awards, 35 percent of the total goes to the state.

If you or a member of your family have been in an accident and suffered any physical or emotional loss, contact our Jacksonville personal injury law firm.