Jacksonville Personal Injury Blog

Springtime seems to be a popular time for all-terrain vehicles. Unfortunately another death has been reported of a young ATV rider. A seven-year-old from Interlachen, Florida, was riding on an ATV Sunday, April 11, in the evening when the ATV overturned and landed on her. A 31-year-old male was riding on a Polaris ATV with his daughter when they braked suddenly to avoid hitting two dogs. The vehicle overturned on the left side. According to News4Jax, the little girl was airlifted the Shands Gainesville but died from internal bleeding, despite the fact that she was wearing a helmet. Her father received minor injuries. One of the dogs was also killed.

Our condolences go out to the family of this little first-grader. She spoke to her father before she was airlifted and told him she loved him. He said he had no idea her injuries were that serious. May the family find the strength to cope. She is in our prayers.

ATV Accidents in Florida
Many people commenting to the newspaper article say that accidents happen. And they do. But manufacturers also make defective products that represent a danger to small riders. For example, the Polaris, made by Polaris Industries Inc. recalled about 11,300 Outlaw IRS ATVs for the model year 2006 to 2008. The problem - a retention bolt can loosen causing the wheel in the rear to lock up. There have been at least 11 reports of loss of control. Then in August, 2009, the Consumer Product Safety Commission recalled 3,800 Polaris Ranger Crew and side-by-side recreational vehicles. An electrical short posed a fire hazard. In July, 2009, Polaris recalled 4,700 of the Sportsman ESP XP model. That was the second Polaris recall of the month and this time again for the potential fire hazard. Auto accidents in Florida happen, but manufacturers also sell products with known defects in order to make a profit.

Continue reading "7-Year-Old Dies in ATV Accident" »

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A 14-year-old from Mississippi was killed Saturday in Laurel Hill, Florida while racing at a motocross park in an all-terrain-vehicle, or ATV. The accident happened at the West Florida Motocross Park in Walton County. Witnesses say that the ATV flew into the air after the driver topped a hill, throwing him over the handlebars and onto the ground. At that point, the ATVcrashed on top of him with such force that it split his helmet in half. He was pronounced dead at the hospital.

As Christmas approaches, many parents might think getting an ATV for the kids is a good idea. Think again. Recently a five-year-old was killed in South Carolina, a 15-year-old girl in North Carolina, and a three-year-old boy in central Wisconsin. A 15-year-old from Georgia was killed when he lost control of an ATV and crashed in rural Chattooga County. While ATVs were developed as a fun sporting three-wheel vehicle for hunters and outdoor enthusiasts, the next generation - the four-wheel version – includes the Yamaha Rhino side-by-side or SXS.

It has two bucket seats, an open cage with roll bar and no doors. The Rhino is a particularly dangerous type of ATV. Described as a “golf cart on steroids,” and a width of 54 inches and a high center of gravity, it is particularly prone to tip, even on flat surfaces or turning at slow speeds.

It’s fair to say this is an example of the tail wagging the dog. The Rhino SXS is new to the market and government regulations have not caught up with design. Classified as a recreational off-highway vehicle, or ROV, it is in a largely unregulated category of vehicle, not low speed, and not cars, and not exactly ATVs because it can go up to 40 mph.

CBS News tells the story of a young mother who went for a ride in the Yamaha Rhino in November 2005. Her husband sat next to her and their 2-year-old was in the back. Traveling down a rocky road in Arizona, the woman tried to turn left and flipped the Rhino causing it to roll onto the driver’s side. The woman hit her head on the roll cage and died instantly. Her husband suffered three skull fractures, while their boy was okay.

Continue reading "Rhinos, Rollovers and Death" »

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Posted In: ATV Accidents , Auto Accidents , Auto Product Liability , Personal Injury , Rollover Accident , Wrongful Death

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A 12-year-old boy lost his life last Saturday afternoon in Palm Bay, Florida in a tragic accident.
The boy was riding as a passenger in a go-kart that was traveling about 30 miles per hour down a dirt road when he was ejected. The go-kart was being driven by a 16-year-old who apparently lost control after avoiding a hole in the road. Another passenger was injured when the go-kart flipped.

A witness called 911 but on the way to the hospital the 12-year-old boy went into cardiac arrest and could not be revived, according to an investigator who arrived at the scene.

Our prayers go out to the family of this young boy who lost his life in a senseless accident. His classmates report that he was in fourth grade and will be greatly missed.

We so often see young people who lose their lives when involved in accidents involving wheels. Scooters, ATVs, and mini-bikes all have the power to go at a high rate of speed and cause permanent traumatic brain injury to a child when he falls off. There is little training to drive a go-kart and helmets are rarely used.

Just this month, a 9-year-old suffered severe burns and lost all ten fingers in a go-kart accident at Palm Beach International Raceway in Jupiter, Florida. His go-kart flipped over and burst into flames after it allegedly hit some uneven pavement. In that case, the boy’s family has filed a negligence suit against the track for failing to maintain its surface and have fire extinguishers or emergency phones on hand. The boy is lucky to be alive as he was pulled from the burning wreckage.

In August, a 13-year-old also lost his life in a Miami accident when his go-kart was hit by an SUV on a public roadway.

Motorized go-karts are not licensed or equipped to be used on public roadways in Florida. The driver was not cited.

Continue reading "Florida Go-Cart Accident Kills Fourth Grader" »

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Posted In: ATV Accidents , Auto Accidents , Personal Injury , Product Liability , Wrongful Death

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According to a report, one man is in critical condition in North Florida following an all terrain vehicle crash Sunday morning. St. Johns County deputies are trying to figure out what caused the recreational vehicle (or all terrain vehicle, ATV) to overturn on a private dirt road on Bartram Air Park property off County Road 13 in northwest St. Johns. Apparently, all three men were riding an Arctic Cat when it rolled. Emergency crews responding to the scene do not know who was driving.

A 39-year-old man of St. Augustine was the most seriously injured. He was taken to Shands Jacksonville and is in critical condition. We sincerely hope he pulls through from his injuries and he is in our prayers.

One person was treated at the scene and a third man from St. Augustine was taken to Flagler Hospital by emergency crews. At this time it is suspected that alcohol may have been a factor in the all terrain vehicle auto crash in Florida and none of the men was wearing his seatbelt.

Even the manufacturers warn that riding an ATV can be dangerous. The ATV industry encourages riders to always wear proper protective gear, including a helmet, eye protection, and protective clothing. You are told not to carry passengers unless the ATV is specifically engineered to accommodate them. And of course, excess speeds, stunt riding, unknown terrain, drugs or alcohol are all discouraged as part of the safety basics when you purchase one of these ATVs.

If indeed alcohol was involved and three men were riding on one vehicle, this accident could well be due to negligent operation.

Continue reading "St. Johns County ATV Accident Injures Three " »

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Posted In: ATV Accidents , Auto Accidents , Auto Product Liability , Law & Information , Personal Injury

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An 11 year old boy has died in Florida behind the wheel of a four-wheeler, according to a story. Four-wheelers are like motorcycles but generally driven by kids off-road in the countryside. This Florida wrongful death accident happened in Madison County near Tallahassee Friday afternoon.

A witness told the Florida Highway Patrol that the young boy passed him on the left before he lost control and went into an embankment. The vehicle then overturned and slammed into a tree. The 11 year old was thrown from the four-wheeler and died at the scene. A 25 year old passenger of Miami was ejected and taken to a Tallahassee hospital with serious injuries.

There is no word on whether either person was wearing a helmet. My heart goes out to the family and friends of the deceased boy. We also wish the very best for the injured passenger.

So often, victims who fall off sport vehicles suffer skull fractures and blunt force trauma to the head and chest. More often than not, young people are injured when the large ATV, made for adults, gets away from them causing them to “lose control.”

Statistics by the Consumer Product Safety Commission show that in 2004, 44,000 children under the age of 16 were injured and 150 suffered fatally. That led to a call for a ban on the adult-size ATVs for children because the machines are too large and too fast to control.

Continue reading "Florida Four-Wheeler Accident Kills Boy" »

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Posted In: ATV Accidents , Auto Accidents , Personal Injury , Wrongful Death

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A Baker County deputy and his girlfriend were riding their all-terrain vehicle (ATV) last Sunday night when they went off the road and hit a tree in the Osceola National Forest.

According to a report, they lost control of the ATV when one of the wheels went in a ditch. The Yamaha drifted into a tree, ejecting both the Deputy and his girlfriend, who both suffered head injuries and were airlifted to Shands- Jacksonville Medical Center. The woman was listed in critical condition for her personal injuries in Florida. Neither individual was wearing a helmet. Alcohol was not a factor in this crash.

The injured woman has since had to endure surgery to relieve pressure on the brain from a blood clot. She had her spleen removed but was able to move her toes and fingers, always a concern in a neck and head injury. She is also on a special ventilator reportedly brought in from Orlando.

Our condolences go out to both families with wishes that they pull through this ATV auto accident in Florida.

Continue reading "Deputy and Girlfriend Hurt In ATV Accident" »

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Posted In: ATV Accidents , Auto Accidents , Auto Product Liability , Personal Injury

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Almost a week doesn’t go by without hearing about car accidents in Jacksonville involving all-terrain vehicles and children.

Statistics show that almost every year, 40,000 children and teenagers are seriously hurt in ATV rollover accidents. Many children are killed due to the heavy weight of the vehicle falling on them. This is something that parents never get over.

In addition, alcohol and ATV’s definitely do not mix.

The attorneys representing the estate of a 28-year-old, who died in an ATV accident, have filed a Florida wrongful death lawsuit against the father, according to an article. It seems the father did not stop his “clearly intoxicated” son from riding the ATV after consuming alcohol at a house party.

The argument is that, not unlike drunk driving, friends, and in this case, family, do not let intoxicated people get behind the wheel. The mother is in charge of her son’s estate and filed the lawsuit to protect the interest of the two grandchildren.

This is a new twist on the laws that hold those who should know better, responsible for of the actions of those who are legally intoxicated, as the son was. In the case of motor vehicles, no one home during the time of a house party can allow minors to consume alcohol and not try to stop it. The host or hostess may be charged with a crime as they are responsible for minors in their home who are not old enough to drink.

The outcome in this ATV case could set a legal precedent and raise the bar for those involved with the already dangerous ATV’s. Our thoughts go out to the two minor children here, who have lost a father for a senseless reason.

If you or someone you care about has been injured or killed in a rollover car accident in Florida, the skilled Jacksonville auto accident attorneys at Farah and Farah can be of assistance. If evidence shows that the injury or wrongful death was caused by another person’s negligence, then you may receive compensation. Call us today at 800-533-3555 for a free consultation.

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The Florida Supreme Court ruled this week (Thursday December 11) that parents cannot waive the liability for their children when they participate in a sport. The 4-1 ruling clears the way for Florida wrongful death litigation against a motor sports track in Okeechobee County.

The issue began with the death of 14-year old Christopher Jones on May 10, 2003 at the Thunder Cross Motor Sports Park. Christopher took a jump and the ATV landed on top of him.

Chris was there with his father Bobby Jones, who was the custodial parent of Christopher because he was divorced from the boy’s mother Bette. Bobby Jones and his sons enjoyed racing all terrain vehicles (ATVs) and Christopher had been at the track before to race.

Before he could race, the park required Bobby Jones to sign a Waiver of Liability. One had been signed the day of the Florida ATV accident. The release included specific language that waived any claims based on the negligence of the track. It also says that the parents realized the dangerous nature of the activity and the risk of injury or death.

Christopher’s mother Bette later filed a wrongful death lawsuit in Florida claiming the park owners and manager were negligent. The suit was dismissed though because her ex-husband had sign the release form. The trial court decided essentially that a parent can waive the personal injury rights of his minor child.

But on appeal, the Fourth District Court of Appeal said there was nothing in state law that allowed a parent to waive all legal rights on behalf of their minor child.

That decision conflicted with a previous ruling that upheld the waivers. When there is a conflict in lower court rulings, that’s when the issue lands before the state Supreme Court to work out the differences.

So now, five years after his death, the parents of Christopher can pursue their lawsuit against the track in Okeechobee County. Bette says she wants other parents to be aware of the dangers of ATVs and that’s why she’s stuck with it so long.

The decision is an important one and has many different applications since participation in sports often requires waivers. A parent may be able to waive their own rights – but not that of their minor child. With this decision, the waivers are essentially worth the paper they’re written on.

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Posted In: ATV Accidents

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