Daytona Beach Injury Lawyer Blog

Bullying is an epidemic in the United States. According to the Youth Violence Resource Prevention Center, nearly 30% of children in this country are involved in bullying as a bully, a target of bullying or both. This amounts to nearly 5.7 million children.

I am often contacted by parents whose children are the victims of bullying by other children. They are usually seeking compensation after the bullying turned violent and resulted in the child sustaining injuries. As you can expect, the bully almost always has little or no assets or means to satisfy a judgment. To many, the next logical step would seem to file a lawsuit against the bully's parents. Unfortunately, many times filing a lawsuit against the bully's parents proves unsuccessful.

Generally speaking, parents are not financially responsible for injuries their children cause merely because of paternity. However, there are four exceptions to this general rule:

1. Where the parent entrusts the child with an instrumentality which, because of the child's lack of age, judgment, or experience, may become a source of danger to others. These "instrumentalities" can include things like motor vehicles or weapons.

2. Where the child committing the tort is acting as the servant or agent of its parents.

3. Where the parent consents, directs, or sanctions the wrongdoing.

4. The parent fails to exercise control over the minor child although the parent knows or with due care should know that injury to another is possible. This exception often hinges on prior communications between the bully and their parent(s) and/or prior bullying that the parents are aware of.

If you have a child who is being bullied, take a look around http://stopbullyingnow.hrsa.gov/kids/, which is helpful website provided by the U.S. Department of Health and Human Services.

Continue reading "When is a Parent Responsible for a Child's Bullying?" »

On May 26, 2010, an 18-wheeler rear-ended a sport utility vehicle (SUV) causing one death and severely injuring another. Both the tractor-trailer and the SUV were traveling northbound on I-95, near New Smyrna Beach, Florida. At some point the SUV had to slow down and the tractor-trailer slammed into the back of the vehicle. The tragic accident was located a few miles south of State Road 44.

I am often amazed when traveling with family members and friends on the highway and they say, "I need to get in front of that semi." On most occasions, their statement is in relation to being in a safe location in regards to a highway death machine (a.k.a. semi-truck). However, I am quick to disprove their misconception. You are much safer behind a tractor-trailer than in front of it. This is predicated on the fact that you must be traveling at a safe distance behind the tractor-trailer.

To compound this issue further, a common occurrence on the highway is for a standard sized automobile to pass the tractor-trailer and immediately pull in front of the tractor-trailer once they pass it. According to the U.S. Department of Transportation, the average stopping distance for a standard sized automobile traveling at 55 miles per hour is 133 feet, compared to 196 feet for a tractor-trailer.

I met with a friend of mine who is a state trooper and asked how often he cites commercial drivers for traveling too close or tailgating. He said that it was not as often as one would think. The problem is that it is not the commercial driver's fault when a vehicle pulls in front of them too closely.

Therefore, if you are going to travel on the highway, be on the lookout for tractor-trailers. If you want to pass one, do not re-enter their lane until you are a safe distance in front of them. Further, if you see a tractor-trailer in your rear-view mirror in your lane of travel, stay alert and try to changes lanes in a safe manner.

Continue reading "Driving Safety Tip #1: You are Safer Behind a Tractor-Trailer Than in Front of One" »

When I first meet with clients who have been injured in a motor vehicle accident, I always ask them about their auto insurance. They will often tell me that they have "full coverage." These clients are often disappointed to discover that their insurance is woefully inadequate to protect them or compensate them when it matters most.

If you own a vehicle which is registered in Florida, you are only required to purchase $10,000 in personal injury protection (commonly referred to as PIP) and $10,000 in property damage liability coverage. PIP will pay for your medical expenses and lost wages regardless of who caused the accident. Property damage liability coverage pays for damages that you cause to another person's property.

Florida law does not require you to maintain other valuable insurance coverage. Four common types of coverage that you should consider purchasing are:

Bodily Injury Liability pays others for injuries or death for which you are responsible. This coverage also provides legal defense for you if the injured party files a lawsuit seeking damages.

Uninsured / Underinsured Motorist covers you for damages caused by a driver who has no insurance, a driver who has inadequate insurance or a hit-and-run driver. The Insurance Research Council has estimated that 23% of Florida drivers have no insurance. This percentage does not take into account Floridians who have insurance that does not provide bodily injury liability coverage.

Collision pays for damage to your vehicle when it is hit by another vehicle.

Comprehensive covers your vehicle for losses caused by an incident which is not a collision. This may include incidents like thefts, floods or fires.

The aforementioned coverages are not an exhaustive list of all types of insurance coverage available to you. However, purchasing some or all of these coverages will definitely give you more piece of mind if you are involved in an auto accident.

Continue reading "Why "Full Coverage" Auto Insurance is Not Enough" »

A Daytona Beach teenager was critically injured yesterday when he lost control of his SUV on Interstate 95 near Scottsmoor, Florida and was ejected from the vehicle. The driver was cited by Florida Highway Patrol earlier in the day for his failure to wear his seat belt.

Florida Statute Section 316.614 requires the operator of a motor vehicle in Florida to wear a seat belt. It also requires front seat passengers to wear a safety belt or be restrained by a child safety device. Recent amendments to Section 316.614 allow law enforcement officers to stop a vehicle based solely on the driver's or front seat passenger's failure to wear a seat belt. Prior to the amendment, police could only stop a vehicle if the officer suspected some other traffic or license violation. The cost of a seat belt violation in Florida is $30. The cost of a violation for a child that is not properly restrained in $60.

In addition to incurring fines and points on your license, you may also negatively impact your personal injury case when you don't wear a seat belt. If warranted, a defendant in an automobile negligence action can assert the "seatbelt belt defense". The Florida Supreme Court has described the seatbelt defense as "an attempt to prove that the non-use of a functional and available restraint system by the plaintiff either caused or measurably worsened the plaintiff's injuries that resulted from the defendant's actions, and based on that non-use (even though the non-use preceded and did not cause or contribute to the accident), the plaintiff's recoverable damages should be barred or reduced." In other words, if a jury finds that you would not have sustained some or all of your injuries if you had been wearing your seat belt, your damages may be reduced or even eliminated.

What is the most important reason to wear a seat belt? You are much more likely to be killed in a car crash when you are not wearing a seat belt. Wearing your seat belt could save your life or the life of a loved one.

Continue reading "Personal Injury Claims Often Damaged by Failure To Use Seat Belt" »

On May 12, 2010, a man in his thirties was hit by a vehicle while he attempted to cross South Ridgewood Avenue in Daytona Beach, Florida. He was transported by EVAC ambulance service to Halifax Hospital Medical Center for a broken arm and leg injury. According to the Daytona Beach Fire Department, the man had a "decreased level of consciousness."

On May 16, 2010, a 66-year-old Holly Hill resident was hit by a truck in front of the well known bike week establishment Destination Daytona. The man was leaving the Harley-Davidson-themed complex after a concert. While crossing U.S. Highway 1, also know as Ridgewood Avenue, he was hit by a Longwood resident that was also in Daytona Beach to attend the concert. The pedestrian accident victim died on scene from multiple injuries.

Similar to above, many accidents involve pedestrians being hit by automobiles. Further, it is very common for pedestrians to not have health insurance. A major concern for uninsured pedestrian accident victims is who will pay for their medical bills if they do not have the ability to pay. Hospitals are notorious for sending bills that are owed to collection agencies and the nonpayment of medical bills could possibly affect a person's credit rating.

Under certain conditions a pedestrian accident victim may qualify for $10,000 in benefits that includes payment of lost wages, medical bills, prescription medications and death benefits. Under the Florida Motor Vehicle No-Fault Law, a person who has a registered vehicle in Florida must carry a minimum of $10,000 in Personal Injury Protection Benefits. This is usually referred to as PIP benefits. In many circumstances, these benefits are extended to pedestrian accident victims if a few requirements are met.

First, the pedestrian accident victim must not have a vehicle registered in the State of Florida. This is because under Florida law if a person has a registered vehicle in Florida, they are required to carry PIP coverage of their own. Second, a pedestrian victim must not live with a relative that has a registered vehicle in Florida. If you live with a person that has a registered vehicle in Florida and you are legally related to that person, you would possibly qualify under that person's insurance benefits.

Therefore, a pedestrian accident victim may have access to $10,000 in PIP benefits if the pedestrian accident victim does not have a registered vehicle in Florida and does not live with a relative that has a registered vehicle in Florida. If you are a pedestrian accident victim and have questions or concerns regarding PIP benefits, please do not hesitate to contact me.

Continue reading "Pedestrians Hit by Vehicles May be Entitled to $10,000 in Insurance Benefits" »