Injuries To Children: February 2009 Archives

February 20, 2009

Palm Beach County Family Injured in Rollover Accident on Florida's Turnpike

A Wellington, Florida woman and her family suffered minor injuries after their SUV crashed and rolled over on the Florida Turnpike Thursday evening. The family was taken to Delray Medical Center and West Boca Medical Center for treatment.  According to reports, the auto accident allegedly occurred when an unknown vehicle tried to cut in behind the SUV and clipped the truck's rear bumper.  At the time of the automobile accident, the family members were wearing their seat belts and the driver was talking on her cell phone.

According to Florida's Department of Highway Safety and Motor Vehicles, 10,255 injury accidents and 826 fatal accidents resulted in overturned vehicles in 2006.  79 out of the 110 children ages 01 to 17 years old killed in automobile accidents in 2006 were not using safety equipment.  Safety belts and other vehicle safety equipment does save lives.  Of the 214,083 accidents reported as involving drivers and passengers wearing only safety belts, 146,798 of the occupants reported no injuries at all and 42,035 occupants reported only possible injuries.

Not only do seat belts help save lives and prevent injuries in car crashes, they are also required to be worn by law.  Florida statute requires that the operator of a motor vehicle, all passengers under the age of 18, and all front seat passengers wear seat belts or child restraints.  Furthermore, if you are involved in an auto accident due to the negligence of another, the failure to use a seat belt can be argued by the defense to be comparative negligence on your part and used to reduce the amount of compensation awarded.  It is always important to take steps to protect yourself and passengers in your motor vehicle.

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February 9, 2009

Homestead Man Accused of Killing 3 Children in Drunk Driving Accident Denied Bail

Miami-Dade County: The horrific January 25th auto accident in South Miami Dade undoubtedly changed the Serrano family forever after an alleged drunk driver crashed into the rear of the family's minivan causing fatal injuries to all three Serrano children.  Now, the man accused of driving his vehicle with a blood alcohol level that was three times the legal limit and charged with three counts of DUI manslaughter, Gabriel Delrisco, has been denied bail by a Miami-Dade judge.  Delrisco had a previous drunk driving conviction in 2001 and some 26 traffic citations in eight years, but had a valid driver's license at the time of the fatal auto accident.

In Florida, there were 890 alcohol-impaired auto accident fatalities in 2007 according to the National Highway Traffic Safety Administration.  Alcohol-impaired motor vehicle accidents represented 27.7 percent of all Florida vehicle deaths in 2007.  In 2006, there were 16,319 alcohol-related automobile accident injuries in Florida.  There were 1,684 alcohol-related accidents in Broward County, 1,792 in Miami-Dade County, and 1,265 in Palm Beach County in 2006 according to the Florida Department of Highway Safety and Motor Vehicles.

According to the Miami-Herald, the personal injury attorney for the Serrano family is looking for others whom were potentially negligent in supplying Delrisco with alcohol.  Under certain circumstances, Florida law allows for establishments to be held liable for negligently serving alcohol to their patrons.

***DISCLAIMER: The content provided is not intended to be construed as legal advice.  If you have any questions or concerns, based on your factual circumstances, please contact Law Offices Cytryn & Velazquez, P.A. at 1-877-853-7466. 

 


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February 5, 2009

Florida Child Dies from Gunshot in Palm Beach County

Palm Beach County: An 11-year-old Lake Worth boy died Monday after he was mortally injured after a stolen Glock .40 firearm apparently accidentally discharged in the hands of his 9-year-old acquaintance.  The deceased boy, identified as Jason Lee Gilmore, Jr., was at the home of his mother's boyfriend's parents with a group of young men all but one under the age of 18.  According to reports, the boys were playing with the laser site on the handgun when it discharged.  The gun was reported stolen from a car in West Palm Beach in January after the owner left the weapon in his car overnight.  The Palm Beach County Sheriff's Office will hand the case over to the State Attorney's Office which is anticipated to convene a grand jury to make the final determination whether any charges should be filed.

According to FloridaCharts.com and information derived from the Florida Department of Health Office of Vital Statistics, 929 homicides by firearm discharge occurred in Florida in 2007.  Of those deaths, 72 occurred in Palm Beach County, 74 in Broward County, and 203 in Dade County.  In that same year, 97 deaths were children 18 years old or younger.

The death of child is always a tragic occurrence.  Ultimately, who was at fault and what should have been done differently are questions that arise from the incident.  Often after the criminal investigation is complete, civil actions in negligence are also pursued.  Depending on the circumstances, negligence can at times be found on the part of the shooter, the owner of the residence or property at which the shooting occurred, the person responsible for supervising the shooter and/or victim, and the owner of the gun.

***DISCLAIMER: The content provided is not intended to be construed as legal advice.  If you have any questions or concerns, based on your factual circumstances, please contact Law Offices Cytryn & Velazquez, P.A. at 1-877-853-7466.

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