Bagen Law Blog

On average, 38 children die each year from being left in a hot vehicle.  Most of these children were under the age of four years old.  As parents and caregivers lives get busier, the risk of leaving children in hot cars gets higher.  A large percentage of these cases are accidents and although this can happen to anyone, the price of this mistake can lead to the death of a child.

Operating a motor vehicle is a responsibility that cannot be taken lightly. Motor vehicles are a normal part of our everyday life, but when operated in a reckless manner, they can be as dangerous as any weapon. Recently in the news, a Canadian jury in Montreal found a motorist guilty on two counts of criminal negligence causing death. In Canada, this conviction can carry up to a maximum life sentence in jail.

Distracted driving is an increasing problem on our roadways.  While texting and other distractions, such as using GPS, eating, tuning MP3 players, etc., are obvious, the influx of new gadgets installed in vehicles by the auto industry raises questions about the level of distractions in many new technologies.

The purpose of an airbag in a vehicle is to help the occupants body absorb a substantial force in a collision, while at the same time, preventing more serious injuries that the occupant would otherwise receive without it. As you probably are aware, all kinds of airbag systems are installed in vehicles these days. They used to be optional, and now they are pretty standard in most vehicles. While airbags are a tremendous benefit in most cases, recent headlines would indicate otherwise.

When you've been in an accident, or found yourself in a situation where another individual has caused harm, the matter can seem clear cut. Another person caused your injuries or injured someone you care for, and the law should support your claims. Unfortunately, pursuing a claim for these injuries often isn't so simple.

A personal injury attorney is your most powerful ally in these cases. These professionals have the training and experience needed to navigate the sometimes obscure legal procedures surrounding personal injury cases. If you've considered representing yourself in a proceeding, take a look at these ways a personal injury attorney can help you. It may surprise you how much work goes into preparing a successful case!

While the Florida “Stand Your Ground Law” has been in effect since 2005 there are still many questions about how far that law goes. A recent court finding challenges the application of the Florida stand your ground law to a civil action.

What Does This Mean?

The Florida Stand Your Ground Law is built on presumptions. Presumed force of violence against you in the commission of a crime is necessary to justify deadly force. Under older statutes, it was necessary to make every attempt to retreat or avoid deadly force. New laws allow for justified deadly force when your person or property is at risk during the commission of a violent crime.

All  too frequently  we  learn  of  deaths  and  injuries  on  I­75  involving careless,  illegal  u­turns  through  the  median.  As  recently  as  May  19, 2014,  several  children  were  severely  injured  on  I­75  near  Ocala, Florida, when a young Florida Highway Patrol officer made a sudden, unexpected u­turn through the median when he was driving north on I­75. Although law enforcement officials have the authority to make a u­-turn  on  the Interstate,  this  tragic  accident  highlights  the  high risk  of performing such  a  maneuver  on  the  interstate. Tragically,  instead of completing the u­turn successfully, the 20 year old FHP Trooper struck a  guard rail  and then  hit the front  of  a  2014 Nissan Altima,  carrying several children ages 3, 5, and 7. The 2014 Altima then hit two  other southbound cars including a 2011 Mercedes, as well as a tractor trailer. Unfortunately, this chain reaction injured three children who had to be life­flighted to Shands Hospital in Gainesville.

Last Saturday Live Oak resident, Charles Holt, died from injuries he sustained in a motorcycle accident.  Holt, age 63, was participating in a charity event for The Lupus Foundation when he lost control of his 1982 Harley Davidson motorcycle.  Holt was not wearing a helmet.