Florida Child Injury Law Blog

Archive for the ‘Auto Accidents’ Category

Summer is here.  Generally that means more families are traveling by car on day trips, long weekends and vacations.   Our daughter was in town recently with our young grandchildren. Her first priority was finding a car seat safety inspection station! Although our infant grandaughter’s new car seat appeared to be secured properly;  our daughter wanted to be sure. Did you know research shows 7 out of 10 car seats are NOT correctly installed?

 The American Automobile Association conducted a survey and found  76% of parents said safety is their main concern when buying a child safety seat but  the  majority of parents polled didn’t know the specifics in regard to placement, age and height recommendations. In a recent study of 3500 car safety and booster seat installations,  72%  of the safety seats were secured in a way that it could be expected a child would suffer injuries if  in a crash.

With all this in mind, here are some safe practices concerning child seat safety and a website to check the locations of child safety seat inspection stations in this area.

 Safety Checklist

•  Parents should ensure that children up to eight years old or four feet, nine inches tall should sit in a safety seat or booster.
•  All children 12 and younger should ride in the back seat of a vehicle.
•  The safest position for a single car seat is the center of the rear seat.

Florida law regarding safety requirements  for child car and booster seats  is more fully discussed in Chapter 1 of my free consumer guide, “When Kids Suffer Big Injuries: A Parent’s Guide to Child Injury in Florida”  available  on our Florida Child Injury Lawyer website.

Attorney James W. Dodson, working to make safety every child’s reality.

An advertisement by the Allstate Insurance Company  in the Wall Street Journal,  caught our attention!

The ad headline, with an eye-catching  graphic read: “Why do most 16-year-olds drive like their missing part of their brain?  Because they are.” 

A teenager’s brain is not fully developed until their 20’s. The dorsal lateral prefrontal cortex, the “missing part of the brain,” plays a major role in teenager’s decision-making and the understanding of consequences. That is why as parents of teen drivers, anxiety and a lot of prayer go along with seeing our young drivers pull out of the driveway; and a sigh of relief and thankfulness when they are home safely!

 Allstate reminds us  teen drivers, yes, even bright, seemingly mature teens sometimes do things the insurance people label as “stupid.”  But  they say- it’s not really their fault!

The company supports  the Standup Act, or the Safe Teen and Novice Driver Uniform Protection Act of 2009.

 The law creates a National Graduated Driver Licensing law that would provide teens with  on-the-road experience gradually, while helping them avoid risky conditions.

 States that have implemented GDL programs  have seen the number of fatal crashes among 16-year-old drivers fall by almost 40%.

Florida instituted it’s GDL program on July 1, 1996. 

Florida Child Injury Lawyer Jim Dodson, working to make safety, every child’s reality.

 Is Florida is need of a more stringent car booster seat requirement law?  AAA , the automobile people, think so. 

 Florida is joined by only 2 states, Arizona and South Dakota as not requiring booster seats for children under the age of 7 years old.   It’s been reported that the National Transportation Safety Board has criticized all three states for its lax legislation regarding the matter. Florida lawmakers have resisted however.

 Our current state law requires child restraint devices through age 5.  Exceptions are made to children 4 and 5 who can wear a seat belt instead of a specialized restraint. 

 A child who is properly restrained in a booster seat is less likely to be injured in a car accident. Children who are not properly restrained are at risk of being thrown from the car or inside the car and may seriously injure themselves or other passengers in the car.  Booster seats allow children to sit higher, so car seat belts fit them better and  protect them from head and abdominal injuries. 

 A bill sponsored by Rep. Rich Glorioso (R-Plant City) and Rep. Richard Steinberg (D-Miami Beach) would require booster seats for children ages 4 to 7. Sen. Thad Altman (R-Melbourne) is offering his support to this responsible measure in the Senate.

 The Dodson Law Firm offers its support for responsible legislation leading to increased safety for the children of Florida. 

For information concerning car seat safety inspection stations visit our Florida Child Injury Lawyer website, working to make safety a reality for every child.

In a Clearwater accident, a 2-year-old  child was injured when he was hit by a car Friday night. 

Reports say the boy had been standing with his mother at the corner of Cleveland Street and Frederica Avenue when he suddenly left the sidewalk and ran into the path of the oncoming vehicle.

Paramedics treated the child and he was then airlifted to Bayfront Medical Center due to serious injuries.  The driver of the vehicle has not been charged but the accident is under investigation.

Children, especially toddlers, are too often seriously or fatally injured as pedestrians. Toddlers (age 1 to 2) sustain the highest number of pedestrian injuries,  primarily due to their small size and limited traffic experience. Dangers for young children on the move include: darting out into traffic, playing in or near the street and riding a tricycle or bicycle in a parking lot, driveway or street. The news report states the child had been standing on the sidewalk with his mother prior to darting out into the street.

Young children are particularly vulnerable to injury around traffic because they can not judge distance or how fast a car is speeding toward them. They move quickly and run into the street without warning and are difficult  for drivers to see because of their small size.

Take these steps to safety:

Supervise, supervise, supervise!

Talk to them about street safety.

Set a safe example for children.

Find safe places for them to play.

 Florida Child Injury Attorney, working to make safety every child’s  reality.

A study in Pediatrics Journal reports parents who set firm but  loving limits on their teen drivers will have teens that are half as likely to get into a car accident as teens with un-involved parents. Teens will also be 71% less likely to drink and drive, 50% less likely to speed and 29% less likely to talk/text on cell phones.

We all know teens’ lives are more in danger in the car. Fatal car accidents are the leading cause of death for 16-20 year- olds.

Car accident risks increase when a teenager has a passenger in the car, has been using drugs/alcohol and if they are speeding. Ken Ginsburg, an Associate Professor of Pediatrics at the University Of Pennsylvania School Of Medicine recommends rules parents should set for teen drivers:

• no passengers during the first 6-12 months of driving
• Limit driving in bad weather
•  enforce curfews
•  maintain control of the car keys

 Finally reward your teen driver with a special privilege once they’ve been driving successfully and by your rules for awhile. –Just don’t buy them a car, studies show kids who do not have  their own car are 50% less likely to be involved in a car crash.

For additional information and safety resources to protect your teen driver, visit our Florida Child Injury document and resource library or contact our office for a free consultation @ 1-888-340-0840.

Early Friday morning a New Port Richey couple were about to retire to bed when the unexpected happened. 

 “We were walking into the bathroom and we heard this … crash. I came outside, saw the car where you see it now.”  A teen driver lost control of her car, sideswiped another vehicle, drove through the front yard and crashed into the home of Michael Whaley.  The impact pinned a van inside the garage.  Troopers cited the 17-year-old driver with careless driving.

 “I asked both kids… if either were hurt,” the retired police was quoted as saying.   Very fortunately for the teen and her passenger, there were no serious injuries in the car crash. Whaley’s home, though reportedly,  has $20,000 in damages. The accident could have had  serious injuries and consequences  had he and  his wife  been in the area where the car crashed. Whaley, it seems from a news report,  had a fairly calm reaction to the evening’s events and was relieved  no one was injured.

He remarked,  ”I got insurance…everybody got insurance.” Fortunately, in this case it sounds like insurance is not an issue, but that’s not always the case.

Many drivers in Florida are extremely underinsured and unprepared if they are responsible for damages far beyond the coverage they bought.  The damage to property caused in this accident may be covered by the driver’s Property Damage insurance on any policy insuring the car. Too many Floridians opt for the minimum Property Damage coverage of $10,000. Such coverage would pay for only half the reported loss to the home in this accident, leaving the driver on the hook potentially for the rest. Far too many crashes involving expensive cars cause property damaged liablity well in excess of $10,000 and drivers need to be aware of such potential liabilty and get the coverage they need. 

In addition,  many injured people I see in my office after an auto accident believe they have full coverage or are unclear about what they do have. Unfortunately, there are many uninsured or underinsured drivers on our roads – as many as 665,000 Florida drivers have no insurance, according to a 2004 report.  The Dodson Law Firm stresses the importance of uninsured motorist coverage - the least expensive and best bargain when it comes to your coverage. Check your policy’s coverage today!

For more information on car insurance from Florida Car Accident and Child Injury Lawyer Jim Dodson, request a FREE copy of his consumer guide about Buying Car Insurance in Florida It’s available on Amazon for $12.95 but offered at NO COST to Florida drivers on our website www.JWDodsonlaw.com.   

 Car accidents are THE MAJOR cause of childhood fatalities and injuries. Fifteen thousand (15,000) children die and over 1 million are injured in the U.S. yearly in motor vehicle accidents.

Children learn more from what we do than what we say! Here is a list of precautions you must insist upon when transporting your child:

SAFETY GUIDELINES:

1. Mom’s lap is unsafe. In a collision, a child could be crushed between the adult and the auto interior. Even if the adult is wearing a safety belt, a child could be wrenched from her arms in a collision. Also, never put a seatbelt around both you and a child, or even two children.
2. All car doors must be locked. Engage door handle locks (if your vehicle is equipped with them) if you’re riding with small children. These devices prevent rear seat passengers from opening the rear doors from the inside.
3. Children must never be loose in the front seat and, most importantly, never stand in the front seat. It is impossible to prevent a child, who is sitting beside you, from being flung forward by extending your arm during a crash. In a 20 mph crash, an unrestrained 25 lb. baby has a weight equivalent to 500 pounds!
4. Children must never be unrestrained in the cargo section of a station wagon or let loose to run around inside a van or SUV. Also, NEVER let anyone ride in the bed of a pickup truck, even one with a tarp or shell.
5. Children should sit in the back seat. If a child has no choice and must sit in the front seat with a passenger air bag present, always use a car seat, booster seat or seatbelt (whichever is appropriate), and have the passenger seat as far back as it can go. If the car has an airbag that can be deactivated on the passenger side, do so before placing your child in the front seat. Never put an infant less than 1 year of age in the front passenger seat of a vehicle with a passenger side airbag that cannot be deactivated.
6. EVERYONE in the vehicle must buckle up. An unrestrained adult is a poor role model and can be thrown into others causing serious or fatal injuries.

We recently became aware of some very compelling information regarding the growing concern of backover accidents. 

 All vehicles have blind spots, where visibility may be limited. High profile cars such as SUV’s, trucks and vans can be dangerous due to  their design.  As a result, unsuspecting children are seriously injured and even fatally injured. Backover accidents occur in both residential areas, as well as other common  places such as parking lots. 

 Here are some astonishing facts and figures to consider:

1. Most victims of backover accidents are toddlers (12-23 months old)
2. 60% of the time, Trucks, Vans, SUV’s and other large sized vehicles are involved in the accident 
3. A parent or close relative is behind the wheel in over 70% of these accidents 
4. Annually over 2,400 children are attended to in emergency rooms, as a result of being struck by or rolled over by a vehicle

It’s reported that 100 children are killed each year from these accidents.  Improved technology by manufacturers and standards to increase rear visibility could potentially be a true safeguard to children.  But the ultimate responsibility is to the driver.  Backing up is risky and requires a driver’s complete attention. Patience and a willingness to slow down and drive defensively…even while backing out of a driveway, will provide a safer haven to children and prevent a real tragedy.

Our Florida Child Injury document library contains  a resource article with information concerning safety devices to reduce the risk of backover accidents.  

Teens who have their own car are more likely to have a car crash than those who share a family automobile.  This came from an interesting study released earlier this year by researchers at Children’s Hospital in Philadelphia.

The statistics are staggering.  One out of every four teenagers who possess their own car has been in a crash.  That percentage drops to 10% for teens who share a car.  Traffic crashes are the leading cause of death for U.S. teens, killing more than 5,000 each year. 

In 2007, 7,000 people nationwide were killed in automobile accidents involving a teen driver.  3,000 of these individuals were teenagers. 

Our firm website provides important safety information in an effort to educate young drivers to avoid accidents and injuries, such as “Make Rules for Your Car”. There are also links to resources about subjects such as distracted driving and video links to teens and their own personal experiences with driving  and accidents.  

If you need more information, request  Jim Dodson’s  free accident book  and learn common mistakes to avoid if you or a loved one have been involved in a Florida Accident. Although the book is available at no cost, the information is invaluable.

Parents are well aware of the popularity of texting.  It’s become a widespread form of communication for teenagers over the last decade.  But when teens attempt to text and drive the results can be disastrous.

 A team of researchers from Eastern Virginia Medical School and Children’s Hospital of the King’s Daughters in Norfolk studied the actions of 21 teens between the ages of 16 and 18 in a series of simulated driving experiments.

 Teens drove through rural and urban simulated settings in 10-minute time blocks.  First without any distractions and then while text messaging, talking on a cell phone or operating a MP3 music player.

 Donald Lewis, chief of Eastern Virginia Medical School’s Department of Pediatrics said the findings although not surprising were frightening.  The worst results came when the teens were texting.  Mistakes included slowing down dramatically and weaving more than a foot outside their simulated lane.

 The problem appears to be epidemic. AAA recently conducted a national survey and found that 46% of teens send text messages with their cell phones while driving.  At this point, 19 states and the District of Columbia ban texting by all drivers, while 9 others prohibit it by young drivers.