Dos autobuses chárter chocan y dejan 34 heridos trasladados al hospital
Two charter buses taking students to Orlando on a field trip collided with each other injuring 34 of the 91 occupants of the buses. The Florida Highway Patrol says the buses were following a truck that was pulling a trailer that had no operating brake lights, and when the trailer slowed to turn into a driveway, the driver of the closest bus didn’t notice the turn and slammed on brakes.
The second bus driver was unable to slow in time and hit the bus in front of it. In all, 34 occupants from both buses went to the hospital. The rest were taken to a fire station to wait for another bus to take them on their way.
The accident happened around 10:15 a.m., Friday, May 17, 2019, in the area of Rockridge Road and Dean Still Road north of Polk City. The Port Richey Pepin Academies Pasco Campus students were going to the medieval festival in Kissimmee for a field trip. Most of the injuries were minor with a few being moderate. Of the 34 injured, three were adults who were chaperoning the trip. Police cited the driver of the pickup with defective equipment. And, charged one of the bus drivers with careless driving.
Charter Bus Accidents
Each year around 137,000 people injured and 135 people die in school bus-related incidents. Only 6 or 7 of those fatalities being students who were riding on the bus. Others include hitting kids outside the bus and occupants of other vehicles that collide with a bus.
Statistically, students are rarely killed while riding the bus. The reason is the size and weight of the bus. A bus weighs around 30,000 lbs which outweighs the average passenger car by a factor of 10. Thus, when a car hits a school bus, most of the damage is to the car. The students are usually protected by the bulk of the bus.
Bus Accident Injuries
The vast majority of the 137,000 injuries for bus occupants each year are minor, but some can be moderate to serious. Most school buses and private charter buses don’t have seatbelts. As a result, people get tossed around during an accident causing many of the injuries. These are some common injuries in a school bus crash:
- Head Trauma: From hitting the seat in front of the person.
- Broken limbs: Broken arms and legs happen when a person hits the seat or bulwark in front of them.
- Deep Contusion: The impact can cause deep bruising which can be painful and take time to heal.
- Lacerations: Broken glass, twisted metal can cause deep cuts and serious injury when a school bus crashes.
¿Necesito un abogado?
If you’ve been injured in a school bus, charter bus or HART bus accident, then you should talk to an attorney about your case before you speak to anyone from the insurance company. Call RHINO Lawyers today to talk to our equipo de lesiones personales in a free consultation where you can have your case evaluated by an auto accident professional.
RHINO Lawyers es el bufete de abogados poderoso y enfocado en resultados que se enfrenta a las compañías de seguros y a los abusones “de frente”. Describimos nuestro enfoque audaz y moderno sobre la “Ley de Accidentes y Lesiones Personales” y “Nuestra Misión Personal” de empoderar a las familias de Florida para que “¡Tomen el Control!”.”
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¿Puedo demandar a alguien que está en prisión después de un accidente en Florida?
When a drunk driver kills a loved one, it’s an especially painful time for those close to the victim. Most surviving members of a DUI fatality want to see justice, and for that, they have to rely on the criminal justice system.
In most states’ laws today, when an impaired driver kills someone, they are facing some sort of manslaughter charge, and the sentence can range from a few months to 10 years for a first offense.
But what happens next? It helps if the person faces justice and goes to prison. Yet, that doesn’t bring the loved one back or help out with the financial burden left to those close to the victim.
For example, in Florida, a 47-year-old man driving impaired turned left into the path of a motorcycle, killing the rider. He received a charge of driving while impaired and manslaughter. Under Florida law, the mandatory sentence if convicted is 10 years, 4 months in prison and up to a $10,000 fine. In Florida, a judge can order financial restitution as well.
So, if the impaired driver receives the maximum sentence in this case, the question of whether justice was served arises. Shouldn’t the person have to pay for the damages they’ve done? Many people feel that justice isn’t served until the person pays compensation to those he or she has affected.
Criminal Restitution from Impaired Driver
If a judge orders criminal restitution for the damages to the victim’s family, they will only pay if they are able to. Under Florida law, collecting on an order of criminal restitution is difficult. The law treats it like a civil judgment.
Florida law allows for the protection of certain assets like a primary home, a car, and a certain amount of cash and other personal property so that judgment won’t make them a paupers. This means that if the impaired driver is just a regular person without stocks, bonds, vacation property, or other assets, the victim’s family won’t see a penny of the criminal restitution order.
Civil Lawsuit
This leaves the family with no other option but to sue the driver in civil court for all the damages and losses he imposed on the family. The impaired driver’s insurance will have to pay for the damages when sued for wrongful death in civil court.
Can I Sue Someone Who’s in Prison?
However, many people wonder if you can sue someone who is in prison, or do you have to wait until they get out? Or, they worry the insurance company will refuse to pay for someone if their client committed a crime.
The truth is that you can sue someone while they are in prison. If they had an auto insurance policy at the time of the accident, the law requires that the insurance company pay for the damages. Even if the driver was committing a crime at the time of the offense.
An insurance policy will pay for all financial losses that come from the insured person’s negligence. This allows the family to collect compensation for all losses. These include:
- Medical bills: If the deceased had medical treatment before he or she died.
- Pain and Suffering: If they went through any pain or suffering before they died, pain and suffering can be claimed.
- Funeral Expenses: You can claim the costs associated with a funeral and burial.
- Loss of Financial Support: Those who were being supported by the deceased can claim loss of past and future financial support.
- Loss of Consortium/Championship: Loss of spousal companionship and loss of companionship based on other relationships like father, mother, brother, sister, etc. have financial value.
What if the Impaired Driver Didn’t have Insurance?
If the impaired driver didn’t have insurance, then the policy of the deceased might come into play. If the policy had an uninsured/underinsured UM/UIM provision, then the family could seek damages from the deceased’s estate.
Florida law does not require a motorist to have UM/UIM. But it can be purchased in Florida, and many drivers have that coverage. This will also help if the impaired driver’s insurance caps out before paying for all damages. Then the underinsured part of the provision will pay where the driver’s policy ended up to the cap on the UM/UIM coverage.
Getting Justice
For almost any survivor of a loved one who has suffered their loss at the hands of an impaired driver, it’s not just about the money, but it’s about justice. Money won’t bring their mom, dad, son or daughter back, but it can help relieve the stress and anxiety especially if those left behind were counting on financial support from the deceased. It also provides some sense that justice is served fully when the impaired driver is sued in civil court and has to pay monetarily for their deeds.
¿Necesito un abogado?
In many cases, an attorney might not be necessary to make a claim against someone’s insurance policy if they hit you. However, there are certain legal requirements, deadlines, and other possible pitfalls when it comes to making a wrongful death claim, so the best thing to do is to at least talk to one.
El equipo de lesiones personales en RHINO Lawyers knows the law, and they have the experience to battle the insurance companies to get you the compensation you and your family deserve. Talk to them at a consulta gratuita and take the first step necessary to begin getting justice for your loved one.
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Conducir distraído provoca un choque de cinco autos en el que resultan heridos dos
A driver allegedly spilled his coffee which caused him to hit another vehicle and then set off a chain reaction with three other vehicles. According to Police, the accidente happened around 10:30 Tuesday, May 7, 2019, in the southbound lanes of I-75 between Fowler Avenue and I-4 in Tampa.
The driver of a Chevy Express told police that he spilled his coffee and looked down, and when he looked up, the cars in front of him had stopped. Police say that he then swerved into a center lane and hit a flatbed truck. Then a Chevrolet Camaro struck him The Express kept going across the lanes and hit a Dodge Durango before coming to a rest.
In all, the accident damaged five vehicles and sent two people to Tampa Bay General Hospital, one with serious injuries. It’s unknown at this time if the driver of the Express will be charged, and officers say that the accident is still under investigation.
Manejo distorsionado
When we think of distracted driving, we think of someone on their phone or texting while driving. While this is trending upward at an alarming rate, there are still “old school” ways to be distracted. According to a estudio by the National Highway Transportation Safety Administration, in 2017, there were almost 3,200 people killed by distracted driving, and almost another 500,000 were injured in 1.5 million crashes related to distracted driving.
That’s a lot of crashes and injuries that can be avoided by paying attention. Some of the ways other than cell phone use people are distracted are:
- Spilled food,
- Putting on makeup/combing hair
- Drowsy driving,
- Adjusting radio/CD player
- Talking/interacting with car occupants
Cell Phone Distracted Driving
Of course, the number one distracted driving cause is cell phone use. The NTHSA puts the number of distraction fatalities due to cell-phone use at 53 percent of all distraction fatalities. That means almost 1,800 of those deaths were caused by cell phones.
Why is cell phone use the culprit for such a high percentage? There are several reasons:
- Younger and less experienced drivers are more likely to text and drive.
- Looking at a text takes 5 seconds, the time it takes to travel the length of a football field if going 55.
- Drivers are more likely to use their cell phone multiple times on a trip.
- There are levels of distraction such as reading a text versus responding.
Types of Distracted Driving Injuries
When a driver is distracted, they are less likely to slow down, and thus speed becomes a factor in the crash. When this happens, there are some common injuries that happen in distracted driving crashes.
- Thoracic Spine Injury (Whiplash)
- Lesión cerebral traumática
- Concussion/Other head injuries
- Broken arms/legs
- Compression injuries
- Deep Contusions/Lacerations
¿Necesito un abogado especializado en accidentes automovilísticos?
If you’ve been injured by a distracted driver, the best thing to do is to talk to our equipo de lesiones personales. Insurance companies have a job to do, and that is to pay you as little as they can so they can make money. Don’t talk to an insurance agent of one of their high-rise attorneys until you’ve spoken to an attorney you can trust to tell you the truth.
RHINO Lawyers are the Tampa Auto Accident Lawyers that take Insurance Companies and Bullies “head-on!” We describe our bold modern approach to “Accident & Personal Injury Law” and “Our Personal Mission” to empower Florida’s families to “Take Charge!”
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¿Lesionado en un accidente con un auto robado en Clearwater, FL?
A man stole a BMW from a gas station and sped down the street and struck another car. As a result, he injured himself and both occupants of the second BMW. According to a Clearwater police officer at the escena, the man was with a friend at a gas station and had been drinking. Then he jumped in his friend’s vehicle and sped off before crashing. He fled the scene on foot and hid in a nearby hotel where police captured him. He is facing multiple charges including grand theft auto, DUI with serious bodily injury, and fleeing the scene of a crash with serious injuries. All these are felonies in the state of Florida.
Compensation for Injuries in a Criminal Act
When injured in a car accident by a person who is committing a crime you might wonder if he or she can get compensation from the person who committed the crime at the time of the accident.
Though most people understand you can sue the person who committed the acts that led to the injuries. They also know that if an insurance company isn’t footing the bill. Then there is a little chance that they are going to see any of the money awarded by the court.
Whose Insurance Pays for the Damages?
However, if there is an insurance policy that applies, then they will pay the damages. However, you are not responsible for the damages done by the thief who stole your car if an accident happens. Since your auto insurance is based on your actions, and you aren’t liable, then your insurance company isn’t liable either.
This might leave you wondering. C mages from an accident with a car thief? There is only one way an insurance company would have to pay and that is through your own policy. There are several provisions that might come into play.
- Medpay Esta es una cobertura que los conductores pueden incluir en su propia póliza y que pagará las facturas médicas sin importar quién tenga la culpa o quién resulte herido, siempre y cuando el asegurado o su vehículo estén involucrados.
- Protección contra lesiones personales (PIP): This works similar to Medpay, but it pays medical bills and other damages like pain and suffering and loss of wages. As long as the accident involves the insured or their vehicle it also pays regardless of the person injured or at fault.
- Sin seguro o con seguro insuficiente (UM/UIM)La mayoría de las pólizas de seguro cuentan con cláusulas para conductores no asegurados o con seguro insuficiente. Estas pagarán a los asegurados por todos los daños por lesiones personales si el otro conductor tiene un seguro insuficiente o no tiene seguro. Esto puede incluir el no poder localizar a un conductor que se da a la fuga, siempre y cuando este haya tenido la culpa en el accidente.
The bottom line is that if you have an insurance policy with these provisions; your own insurance company will pay for your damages from an uninsured driver. If the person who stole the vehicle has insurance and his or her insurance company denied coverage. Then you can use your own UM/UIM because an uninsured driver hit you.
Medpay and PIP activate with any accident regardless of fault, so they would also pay for your damages. However, these policies usually have a much lower cap and don’t cover all damages.
¿Necesito un abogado?
If you’ve been injured by someone who was driving a stolen car, you need to talk to our equipo de lesiones personales. You could get compensated for your injuries. Don’t let the insurance company tell you that their policy doesn’t cover the damages; rather get advice from someone on your side.
RHINO Lawyers es un bufete de abogados poderoso y enfocado en resultados, que enfrenta a las compañías de seguros y a los abusones “de frente”. Describimos nuestro enfoque audaz y moderno sobre el “Derecho de Accidentes y Lesiones Personales” y “Nuestra Misión Personal” para empoderar a las familias de Florida para que “¡Tomen el control!”.”
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Ciclista mujer muerta por camioneta en Clearwater
El conductor de una vagoneta atropelló y mató a una ciclista que iba en su bicicleta por Nursery Road. Según la policía, ella circulaba en bicicleta hacia el sur por una ciclovía cuando ingresó a la vía y la vagoneta la atropelló.
El accidente ocurrió alrededor de las 8:30, el miércoles 8 de mayo de 2019. La víctima salió del sendero Duke Energy Trail en la intersección de Nursery Road. El conductor del vehículo utilitario deportivo (SUV) no resultó herido y la policía dice que el accidente aún está bajo investigación.
Ciclistas en el tráfico
El uso de la bicicleta va en aumento en la mayoría de las principales ciudades de EE. UU., incluida Clearwater. Los líderes de la ciudad ven en las bicicletas una manera de sacar más automóviles de las calles. Esto ayudará a cerrar la brecha de transporte en muchas zonas desatendidas por otros medios de transporte.
Con el aumento de ciclistas entre los automóviles, los accidentes de bicicleta también van en aumento. La ley de Florida trata a las bicicletas como vehículos en muchas circunstancias. Además, los ciclistas deben obedecer las reglas de tránsito y de derecho de paso de la misma manera que los vehículos de motor.
Entonces, ¿significa esto que si un ciclista infringe un código de tránsito y un automóvil lo atropella, el lesionado o la familia del fallecido no pueden recibir una compensación por sus pérdidas? Aunque esto parece lógico, no es lo que dice la ley.
Responsabilidad en accidentes entre bicicletas y automóviles
Es posible recibir una multa por una infracción del código de vehículos en una bicicleta y, sin embargo, ganar en un tribunal civil en un juicio por lesiones personales. Al igual que la mayoría de los estados, la ley de Florida establece que no se puede usar la infracción de una ley de tránsito para probar o refutar la negligencia en un caso de lesiones personales. En su lugar, un tribunal civil examinará las circunstancias para ver si el conductor manejaba su automóvil con el cuidado debido a los ciclistas.
Esto se debe a que, al igual que los peatones, los ciclistas son especialmente vulnerables a sufrir lesiones o la muerte a causa de un auto o un camión. Incluso un simple choque puede ser mortal, ya que el ciclista puede salir disparado fácilmente de su bicicleta. Si el tribunal determina que tanto el ciclista como el conductor cometieron una falta, entonces, según la ley de lesiones personales por culpa comparativa de Florida, el ciclista podría recibir una indemnización por sus lesiones.
¿Necesito un abogado en caso de un accidente de bicicleta?
Aunque no es un requisito, te recomendamos que hables con nuestro equipo de lesiones personales quien puede asesorarte sobre tus derechos y sobre la ley. Los abogados de RHINO Lawyers comprender cómo funcionan tanto la legislación de tránsito como los procesos civiles por daños personales cuando se ha producido una lesión.
Si sufriste una lesión como ciclista, necesitas a alguien que te defienda y te ayude a obtener la justicia que mereces. RHINO Lawyers es el bufete de abogados poderoso y enfocado en resultados que se enfrenta a las compañías de seguros y a los abusones “de frente”. Describimos nuestro enfoque audaz y moderno sobre la “Ley de Accidentes y Lesiones Personales” y “Nuestra Misión Personal” de empoderar a las familias de Florida para que “¡Tomen el Control!”.”
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Lesiones por tractocamiones causadas por escombros voladores en Florida
In a freak accident, a wheelchair liftgate came off of an 18-wheel truck and struck four bike riders as it drove by. According to the Port Richey Police, the liftgate was on a truck hauling medical equipment for Florida Cancer Specialists mobile PET/CT. But, as it was making a left turn onto Ridge Road from U.S. 19 when the lift broke free. The trucking accident happened Monday night before 8 p.m., April 29, 2019. The driver of the tractor trailer did not know the liftgate had come off the back. Some witnesses followed the driver to his stop and alerted him, and he is cooperating with authorities. All four cyclists were seriously injured with two undergoing emergency surgery. The Port Richey Police Chief says he’s never seen or heard of anything like it. His office will conduct a thorough investigation.
Flying Debris Accidents
Large commercial trucks are dangerous and put all motorists and others around them at risk. Most of this risk is because of their size and mass, but they also can cause injury by flying debris. According to the National Highway Traffic Safety Administration, there are almost 500 fatalities each year. As well as, thousands of incidents of damage and injuries each year from debris flying from tractor trailers. Much of this is loose debris on the road. While in other cases, objects fly off the truck after coming loose or breaking away from the truck. The Federal Motor Carriers Safety Administration has regulations for trucks traveling on interstate and federal highways. Each tractor trailer driver handles their load and must make sure the load is secure. This is so that nothing will come loose, leak, or come off the truck and put the public at risk. Also, there are rules and regulations about the maintenance of the rigs and the trailers. These ensure that incidents like the liftgate accident don’t happen. Yet, even with all the regulations and safety precautions, accidents happen.
Injuries from Flying Debris
While traveling on the road injuries occur in many ways. Just as there are common injuries that come from certain types of auto accidents; flying debris injuries follow a pattern as well. Some of the common injuries are:
- Head Injuries: Traumatic Brain Injury, concussions, and skull fractures are common injuries for most motorists and pedestrians. Because they don’t wear helmets.
- Huesos rotos: The impact of objects flying at a high rate of speed causes different types of bone fractures.
- Deep Contusions/Lacerations: Debris that impacts the body can produce deep bruises and cuts, some of which can be serious if not treated quickly.
Commercial Tractor Trailer Liability
When an object comes off a truck, the driver/owner of the truck may be liable for all damages. In some cases, the truck kicks up the object. Then the law will require the injured to show how the truck driver was negligent and did something to cause the injuries. This usually means they must prove that certain safety requirements weren’t met or that the driver wasn’t properly operating the vehicle. For example, a truck operator has to have mud flaps that prevent debris from flying up. As well as, following the requirements to keep the truck free of dirt, rocks, and other objects that can fly off. Federal law requires that all commercial large trucks have $750,000 worth of liability for property and bodily injuries. However, most commercial companies carry at least one million to protect themselves against the financial losses caused by accidents.
Do I need a Trucking Accident Attorney?
Were you injured by objects or debris that flew off of another vehicle? Then you should talk to our equipo de lesiones personales about your case. The insurance companies will try to claim that their driver wasn’t negligent and isn’t liable for any injuries. Don’t let them get away with it, call RHINO Lawyers today to get the compensation you deserve. RHINO Lawyers es el bufete de abogados poderoso y enfocado en resultados que se enfrenta a las compañías de seguros y a los abusones “de frente”. Describimos nuestro enfoque audaz y moderno sobre la “Ley de Accidentes y Lesiones Personales” y “Nuestra Misión Personal” de empoderar a las familias de Florida para que “¡Tomen el Control!”.”
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Choque entre tráiler y vagoneta deja un muerto
An SUV and a tractor-trailer crashed Tuesday morning, April 30, 2019, killing the driver of the SUV. Both vehicles were traveling on U.S. 301, and it’s unknown what caused the tractor-trailer and SUV to crash at this time. When the Florida Highway Patrol arrived on the scene, they found the semi-truck seriously damaged and in a jack-knife position and parts of the SUV was scattered across the scene.
A Hillsborough County sheriff deputy tweeted a picture of the engine that appears to be several yards from the SUV. His tweet read, “We just want to take a moment to remind everyone that nothing, ABSOLUTELY NOTHING, is worth ending up in an accident like this. We always want everyone to go home safely every single day. We want the same for you and your family. Please drive safely. Pay attention and arrive alive.”
There are no reports of other injuries, and police are still investigating the incident.
Tractor-Trailer Accidents
A fully loaded tractor-trailer weights 80,000 lbs., almost 20 times that of a passenger car. According to the Institute for Highway Safety, there were almost 4500 deaths in the U.S. involving large trucks. Out of those, only 17 percent of the deaths were the drivers of the truck, 68 percent were passenger vehicle occupants and 15 percent were pedestrians and motorcycle riders.
This shows the risks motorists and their occupants take when they venture onto the highways alongside semi-trucks and other large vehicles.
Big Rigs and Safety
Common sense tells us to be cautious when driving around larger vehicles. Yet, understanding what makes them dangerous can go a long way in avoiding accidents. Here are some safety tips:
- Stay out of the No Zones: Large trucks and buses have huge blind spots on all four sides. One rule of thumb is if you can’t see the driver in their mirror, they can’t see you.
- Pass Safely: Make sure the driver can see you and then pass quickly not riding next to the rig very long.
- Don’t Cut it Close: It’s especially dangerous to “cut off” a commercial bus or truck as they can’t stop as quickly as a car.
- Stay Back.
- Anticipate Wide Turns: Big rigs need a wide berth, and if you can learn to anticipate that, you can avoid injury.
- Be Patient: Frustration can make you do something rash. Slow down and save lives.
- Buckle up: Always wear your seat belt and require your passenger to do the same.
- Don’t Drink and Drive: This is good advice for any driving situation. Impairment puts you and anyone else on the road at risk.
Do I need an attorney?
If you’ve been injured by a semi-truck or other large vehicle, then you should talk to a Tampa Truck Accident Lawyer about your case before you speak to anyone from the insurance company. Call RHINO Lawyers today to talk to our equipo de lesiones personales in a free consultation, where you can have your case evaluated by our auto injury professionals.
RHINO Lawyers es el bufete de abogados poderoso y enfocado en resultados que se enfrenta a las compañías de seguros y a los abusones “de frente”. Describimos nuestro enfoque audaz y moderno sobre la “Ley de Accidentes y Lesiones Personales” y “Nuestra Misión Personal” de empoderar a las familias de Florida para que “¡Tomen el Control!”.”
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Conductor muere al intentar liberar a un pasajero en accidente
The driver of a vehicle struck and killed another. It happened after the driver lost control and hit a guardrail today just after 2 a.m., April 29, 2019. According to the Florida Highway Patrol; the driver of a Toyota Tacoma went on the outside shoulder of I-75 and over-corrected. Then the driver veered across all lanes of the freeway and hit the guardrail in the median.
He got out to free his passenger and the driver of a Chevy Sonic struck him. He died from his injuries. They airlifted the trapped passenger to Bayonet Point Hospital with serious injuries.
We’re deeply saddened to hear of this terrible crash.
Good Samaritan Injuries
It is not always safe when helping in an accident scene. The person helping could suffer injuries or harm. Accident scenes can be very dangerous places even after a wreck is over. Especially on freeways, approaching vehicles will often strike pedestrians at the scene.
The American Auto Association says that if a person is involved in a crash and there is a significant risk of further collisions, or being killed by another driver. Then the best thing to do is stay in the car until told to get out by authorities.
This isn’t always practical, especially when people see others in distress – it’s a natural inclination to help out.
What Should I do When Injured While Helping?
Being hit or injured while trying to help someone is not your fault. If everyone had that attitude, many people today would be dead or more seriously injured. Don’t let the insurance companies imply or say that you are at fault for stopping and thus not entitled to any compensation for your injuries. Get help from someone who knows the law and has experience with insurance companies.
If you ever find yourself in a similar situation, talk to our equipo de lesiones personales. They can tell you the law and give you good advice. Our Tampa Auto Accident Lawyers will meet with you in a free consultation. The RHINO Lawyers es el bufete de abogados poderoso y enfocado en resultados que se enfrenta a las compañías de seguros y a los abusones “de frente”. Describimos nuestro enfoque audaz y moderno sobre la “Ley de Accidentes y Lesiones Personales” y “Nuestra Misión Personal” de empoderar a las familias de Florida para que “¡Tomen el Control!”.”
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Leyes de 2019 sobre asientos de seguridad para niños en Tampa, Florida
All parents and guardians traveling through Florida are responsible for knowing the state’s most up-to-date child safety seat laws. Like every other state in the nation, FL police take these laws seriously. So, violators could face serious punishments if they are caught. Besides fines, you could get points taken off of your license if police catch you driving around the Sunshine State with a child who is not properly secured.
Thankfully, parents have many helpful resources available to help them understand what’s expected of them. If you’re unfamiliar with these laws, then it’s well worth your time to read through Florida’s safety seat policies listed below. We’ll also share a few helpful websites you could use to better understand Florida’s child safety seat laws.
A Quick Overview Of Florida’s Child Safety Seat Laws
Florida law requires children under the age of 5 to be properly restrained in a safety device when traveling in a vehicle. For children between the ages of 0-3 years old, this could either be a separate carrier device. Or, a vehicle manufacturer’s integrated child seat. However, children between the ages of 4-5, could legally use a booster seat or the other two options listed above.
Although Florida law doesn’t specify which car seat to use, the American Academy of Pediatrics (AAP) suggests parents follow these guidelines:
- Infants should ride in a rear-facing restraint until they outgrow the manufacturer’s height and weight limits.
- After rear-facing seats, children should transition to forward-facing devices until they weigh over 65 pounds.
- Once a child has outgrown forward-facing seats, s/he should move on to a booster seat.
- Parents shouldn’t allow children to wear a car’s safety belt until they are at least 4’9’’ tall.
To read Florida’s child safety laws in full, please see Florida State Statute 316.613. You could also learn more about these laws on this Florida Highway Safety and Motor Vehicles (FHSMV) page about Child Restraints.
A Few Helpful Safety Resources
Unfortunately, recalls aren’t uncommon in the car safety seat industry. Parents should check the latest news from their car seat’s manufacturer. This will ensure they are using a product without any potential hazards. One easy way to keep tabs on car seat recalls is to visit this portal put together by the FHSMV. The National Highway Traffic Safety Administration also has a website dedicated to car seat recalls which you could find here Child Seat Recall Listings.
Not sure you installed your child safety seat is properly? Then you should schedule an appointment with a Florida Highway Patrol officer for a complimentary evaluation. To find an official safety screening location near Tampa or anywhere else in Florida, please visit this webpage put together by the FHSMV.
Using all these resources will help you when traveling with your little ones. Keeping your child safe from the Panhandle all the way to the Keys.
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Intentional “Accidents” and Personal Injury Claims
A woman driver struck a man on I-4 just north of Hillsborough Avenue around 7 p.m., Thursday, April 25th, 2019, and police at the escena say that it looked like it was intentional. According to witnesses, a man exited his stopped pickup truck and walked across the interstate. After, the woman driver then crossed all three lanes and struck him and kept driving.
Police apprehended her a short distance away. The breathalyzer showed her to have a BAC of .219 which is almost three times the limit in Florida. They took the passenger to a local hospital with serious injuries and booked the driver into Hillsborough County Jail without bond. She faces numerous charges including DUI and vehicular assault.
Intentional “Accidents”
Criminal charges for intentionally injuring someone in an auto accident can bring up a lot of questions regarding personal injury. Many people wonder if the defendant being in jail or prison will affect their personal injury claim.
In Florida, the law allows the judge in a criminal case to order restitution for injuries and damages done to their victim. Therefore, the law allows for the following restitution:
- The cost of necessary medical and related professional services, and services relating to physical, psychiatric, and psychological care, including nonmedical care and treatment rendered in accordance with a recognized method of healing.
- The cost of necessary physical and occupational therapy and rehabilitation.
- Reimbursement of income lost by the victim as a result of the offense.
- An amount equal to the cost of necessary funeral and related services if an offense that resulted in bodily injury also resulted in the death of a victim.
However, often, the defendant is unable to pay these themselves, and you can’t use auto insurance payments to pay a court-ordered penalty or fine. So, this leaves the victim to turn to the civil courts for compensation.
Personal Injury Claim
Fortunately, there is no requirement that an “accident” actually be accidental before an insurance policy will cover the losses. Hence, if the defendant was insured with a typical insurance policy, all that is required for the company to pay is that the injuries come from the operation of the insured car.
Incidentally, the injured person still has to prove that the collision was the fault of the driver and that the driver was negligent in the operation of the vehicle.
One issue that comes up is whether doing something intentionally is considered “negligent” for making a personal injury claim. The answer is yes. By definition, if a person does something recklessly and without care to others, and that causes a personal injury, then they are negligent.
Damages in an intentional personal injury
A person can claim any losses in an intentional personal injury that they could in a typical accident. Some of the most common are:
- Gastos médicos
- Lost Wages Past and Future
- Dolor y sufrimiento
- Loss of Quality of Life
- Mental Anguish
- Rehabilitation
- Job Training
Punitive Damages in Intentional Personal Injury in Florida
Florida allows for punitive damages against someone who does something particularly egregious. If this is the case, the court can award up to three times the compensatory damages as punitive damages. However, Florida specifically precludes punitive damages done by the insured if the act was intentional.
Tampa Auto Accident Lawyer
Lastly, if you’ve been injured in by someone intentionally, talk to our equipo de lesiones personales about possible compensation for your injuries. Don’t let the insurance company tell you that their policy doesn’t cover the damages. Rather get advice from someone on your side.
RHINO Lawyers es el bufete de abogados poderoso y enfocado en resultados que se enfrenta a las compañías de seguros y a los abusones “de frente”. Describimos nuestro enfoque audaz y moderno sobre la “Ley de Accidentes y Lesiones Personales” y “Nuestra Misión Personal” de empoderar a las familias de Florida para que “¡Tomen el Control!”.”
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