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Potential Negligence Claim Against Driver Who Hit Kids In Florida Car Accident

Posted in Accident Involving Children,News,Pedestrian Accident on July 15, 2011

An 11 year old child died at the hospital late Tuesday after he and his sister were hit by a car while crossing the street in Macclenny.

The victim and his sister were walking to Summer school classes when a 2005 Ford Focus hit them at approximately 7:15 am just north of the Jonathan Street intersection.

The victim had stopped breathing and had to be revived by ambulance personnel. He was the transported by helicopter to the trauma center at Shands Jacksonville after being treated at Fraser Memorial. His condition was reported to be critical.

His sister, a middle school student was transported to the hospital with serious injuries sixth grader at the middle school last year, was taken to Fraser with serious injuries. The Florida Highway patrol indicates that no charges were filed against the driver of the Ford Focus.

The children live with their families two blocks from the school. During summer school there are no crossing guards in the area.

Despite the fact that the Florida Highway Patrol has not charged the driver in question with a moving violation, the family of the injured children may still have the right to file a claim or a lawsuit against the driver for negligence. A negligence case in Florida requires that family prove by a preponderance of evidence that the defendant driver had a duty of care, breached that duty and the breach was the proximate cause of their children’s injuries. Here if it could be proven for example that the driver was speeding; speaking on a cell phone or was texting on a cell phone; ran a red traffic signal or failed to stop at a stop sign or otherwise yield the right of way to these children, the family may very well have sufficient evidence to bring forth a personal injury claim for compensation.