South Florida Car Accident Lawyer Blog

An 11 year old child died at the hospital late Tuesday after he and his sister were hit by a car while crossing the street in Macclenny.

The victim and his sister were walking to Summer school classes when a 2005 Ford Focus hit them at approximately 7:15 am just north of the Jonathan Street intersection.

The victim had stopped breathing and had to be revived by ambulance personnel. He was the transported by helicopter to the trauma center at Shands Jacksonville after being treated at Fraser Memorial. His condition was reported to be critical.

His sister, a middle school student was transported to the hospital with serious injuries sixth grader at the middle school last year, was taken to Fraser with serious injuries. The Florida Highway patrol indicates that no charges were filed against the driver of the Ford Focus.

The children live with their families two blocks from the school. During summer school there are no crossing guards in the area.

Despite the fact that the Florida Highway patrol has not charged the driver in question with a moving violation, the family of the injured children may still have the right to file a claim or a lawsuit against the driver for negligence. A negligence case in Florida requires that family prove by a preponderance of evidence that the defendant driver had a duty of care, breached that duty and the breach was the proximate cause of their children's injuries. Here if it could be proven for example that the driver was speeding; speaking on a cell phone or was texting on a cell phone; ran a red traffic signal or failed to stop at a stop sign or otherwise yield the right of way to these children, the family may very well have sufficient evidence to bring forth a claim for compensation.

Continue reading "Potential Negligence Claim Against Driver Who Hit Kids In Florida Car Accident" »

A pregnant woman lost her unborn child following a one-vehicle accident in Baker County Saturday morning, the Florida Highway Patrol said this afternoon. Hedi Jones, 24, of Macclenny, was driving east on County Road 250 near County Road 229 about 6 a.m. when, for unknown reasons, the vehicle veered off the road, overcorrected and traveled off the other shoulder. The vehicle then spun across the road again and hit a tree before overturning. Jones and her passenger, Caleb Higgins, 21, of Green Cove Springs, were able to escape the vehicle before it erupted in flames. Jones was taken by helicopter to Shands Jacksonville, where she was listed in serious condition. The Highway Patrol said her unborn child was pronounced dead at the hospital Saturday afternoon. Higgins suffered minor injuries. Both occupants were wearing seat belts, the Highway Patrol said.

Driver distraction, defect in the manufacture or maintenance of the car? any one of a number or combination of these or other causes may have led to this Floridacar accident.The outcome of the policeorother investigationsmay lead to lawsuits being filed.Ifa defect has been found in the braking system for example, the driver and the passenger may have the right to file a negligence claim against the last service center that serviced the brakes. If a design defect is found in the braking system a negligence and product liability claim may be brought against the manufacturer ofthe car. If this was a matter of driver distraction, the passenger may be able to file a negligence claim against the driver for any injuries and other damages she may have sustained. If you or a loved one has been involved in a Florida car accident, you may be able to seek compensation from the at-fault party for your pain and suffering, lost wages, medical bills. Call the Law Offices of David I. Fuchs at 954-568-3636 for am immediate, free and no-obligation consultation. http://www.southfloridapersonalinjurylawyers.com/practice-areas/automobile-accidents/