Jacksonville Injury Attorney Blog

A 47-year-old man was killed when the car he was in was struck by a tractor-trailer rig on U.S. 90 in Macclenny. According to the Florida Highway Patrol, the trucking accident happened when the tractor-trailer failed to stop at a red light. The eighteen wheeler struck the passenger side of the vehicle.

Both the driver and passenger in the car were wearing seatbelts. The passenger died and the driver was taken to Shands Jacksonville Medical Center.

If the driver of the tractor-trailer did indeed run a red light, then the driver of the car has a claim for personal injuries and the family members of the passenger have a claim for wrongful death. We find that trucking companies typically purchase signficant insurance coverage as trucking accidents can often result in the most serious of injuries. Nevertheless, situations where individual owned trucks without sufficient insurance do ocurr.

Written by Elizabeth Allen

Continue reading " Man Killed in Baker County Trucking Accident " »

A federal law designed to prevent accidental deaths due to pool drains is not working out as planned. Congress passed the Virginia Graeme Baker Pool and Spa Safety Act in 2007 to help prevent swimmers from getting accidentally trapped by pool drains.

Just prior to Memorial Day, more than 1 million pool drain covers designed to fix the problem were recalled. This was the latest in many setbacks for the law, which was supposed to award more than $4 million in grants to states that complied with federal pool-safety codes. So far, no states have earned this distinction.

The law's proponents argue that the Consumer Product Safety Commission should have required automatic shut-off switches on pool drains. Opponents say the industry is too vast to police, citing the high cost of inspections and the high number of residential pools and spas (about 16 million) in the country.

Unfortunately, Florida's warm weather and high number of residential and commercial pools makes it a state with a high number of accidental drownings. According to the International Journal of Acquatic Research and Education (IJARE), more people drown in Florida each year than in any other state except California.

For every 10,000 residential pools in a county, 2.4 additional deaths can be expected over three years, accoding to the IJARE. Florida has the highest drowning rates for children age 1-4 according to the Centers for Disease Control and Prevention. The drowning death rate per 10,000 poools in Duval County is 1.72.

To learn more about how to prevent accidental drowning, visit the CDC's website.

Written by Elizabeth Allen

Continue reading " Pool-Safety Law Not Preventing Accidental Deaths " »

Florida has the unfortunate distinction of having the highest number of boating accidents, injuries and deaths, according to the Florida Fish and Wildlife Conservation Commission.

Florida's beautiful sunny weather and abundant waterways makes it an ideal year-round boating locale, contributing to boat traffic and the number of accidents on the water. Here in Jacksonville boating opportunites abound as we have the St. Johns River, numerous tributaries of the river, the Intracoastal Waterway, and, the ocean. In recent years, the Jacksonville area has seen numerous fatal boating accidents.

In response, the Florida Legislature passed a law in 1996 requiring all young boaters -- those born after Sept. 30, 1980 -- to carry a Florida Boating Satefy Education ID card. Boaters can get this card after successfully completing the National Association of State Boating Law Administrators' (NASBLA) safety education course. Currently, any boater younger than 21 must take the state and NASBLA-approved boating course, send proof to the Florida Wildlife Commission and carry the card with them when operating a boat.

Although the number of boats on Florida's waterways has greatly increased, the percentage of boating accidents (based on the number of accidents per 100,000 registered recreational vehicles) has decreased. Since Florida's boating safety education law went into effect, boaters in the 0 to 21 and 22 to 35 age groups have shown a marked decrease in the number of accidents, according to Florida's Boating Accident Statistical Reports.

However, fatalities due to boating accidents have increased at a much higher rate than the rate of growth in registered boats. Fatalities rose 76 percent between 2000 and 2005, while boat registrations increased only 15 percent during the same time. These accidents typically involve older adults (age 36 and older) who have more than 100 hours of boating experience, but lack formal boating safety education. These numbers show that boating experience alone does not prevent accidents.

To complete NASBLA's online boating course, go to www.floridaboatingcourse.com.

Written by Elizabeth Allen

Continue reading " Florida Ranks Highest in Boating Accidents, Injuries and Deaths " »