Archive for December, 2008

Parents cannot waive liability for kids injured in Florida accidents

Monday, December 15th, 2008

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The Florida Supreme Court ruled Thursday that parents cannot waive liability on behalf of their children by signing releases before the kids participate in motor sports and other hazardous activities. atvs

The 4-1 ruling in the Florida accidental wrongful death of a 14-year-old boy while riding an all-terrain vehicle could have broad implications for businesses that offer such activities as go-cart and motocross racing, bungee jumping, horseback riding, parasailing and scuba diving.

“Florida’s children and parents need not worry, after today’s decision, that careless commercial operators may be immunized from their carelessness by the presence of an exculpatory clause in a ticket for admission,” Justice Harry Lee Anstead wrote in a concurring opinion.

The decision cleared the way for a wrongful death lawsuit against the owners and manager of Thunder Cross Motor Sports Park in Okeechobee County, where Christopher Jones died after attempting a jump. He lost control and was ejected from the vehicle. It then landed on top of him. He got up and began walking way, but then collapsed and died.

A trial judge cited a waiver signed by Christopher’s father in dismissing the lawsuit. An appellate court disagreed and reinstated the suit. The high court approved that decision.

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Jacksonville car accidents involving teenagers- nothing to be proud of

Wednesday, December 10th, 2008

The roads in three Florida metro areas — including Jacksonville — are tops nationwide for fatal car crashes involving teens around the holidays, according to a study released this week.cr

The Tampa Bay area, Jacksonville and Orlando rank first, second and third in the study by Allstate Insurance Co. The company analyzed federal crash statistics and claims in major metropolitan areas over the past eight holiday seasons to come up with the list of 50 most dangerous teen-driving areas for 2000 to 2007.

One possible reason why Tampa, Orlando and Jacksonville topped the list is that they are all spread-out cities where teenagers don’t usually rely on public transportation, said Amy Moore, a spokeswoman for Allstate.

Lt. Bill Leeper, spokesman for the Florida Highway Patrol, agrees that holidays are a dangerous time for teen motorists. Some of the reasons: an increase in Jacksonville drunk driving because of holiday parties and aggressive driving during the shopping season. On occasion, he said, troubling winter weather could also be a factor.

According to the Florida Department of Transportation’s Safety Office, there were 983 teen-involved Florida traffic deaths in 2006 and 1,000 in 2007. Between Christmas Day 2006 to New Year’s Day 2007, there were 12 fatal crashes involving teens. There were nine reported during that same period the next year.

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The most important insurance you can have after a Florida car accident

Monday, December 1st, 2008

carWith the recent economic downturn I thought it would be a good idea to discuss the most important insurance you can get- Uninsured Motorist coverage. I say this because I am seeing more and more drivers without any automobile insurance. Many of you may be thinking why should I get UM insurance when I have Florida No Fault or PIP insurance. In Florida, PIP has very insignificant limits. Uninsured Motorist coverage covers bodily injuries to you and your passengers when the other person has no insurance or not enough insurance in a Jacksonville crash that is not your fault. Given the large number of uninsured motorists, this is very important coverage to have, even in states with no-fault insurance. In Florida, your Personal Injury Protection (PIP), or no-fault, benefits carry a $10,000 limit. So there may be instances when your no-fault benefits will not cover a loss in full.

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