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New Smyrna Beach Truck Accident, Child’s Death May Spur Changes

4 Feb , 2016,
SeriousInjury
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The July 18 truck accident on New Smyrna Beach that ended in the death of a four year-old may bring about changes to Volusia County’s beach driving rules. Aiden Patrick was hit by a pickup truck while running across the beach traffic lanes.
His is the second fatal accident involving a child that was caused by beach driving this year in Volusia County. In March, four-year-old Ellie Bland was struck by a car and killed on Daytona Beach.

Including these tragic, wrongful deaths of two children, there have been more than 40 car and truck accidents involving beach driving in the past five years, according to county records. At least 20 of those accidents involved serious injuries.
Some county officials are now calling for changes in the rules for beach driving in Volusia County.

“How many children have to be killed before we do something?” said Volusia County councilman Carl Persis in a recent story in the Orlando Sentinel. “We’re embarking on a reputation of having the world’s most dangerous beach.”

Should These Beach Driving Accidents Change a 100-Year Tradition?

In defending the practice of allowing cars and trucks to drive on beaches, Volusia County Chairman Frank Bruno points out that Volusia County’s charter requires it to provide beach access for the public. The county doesn’t have enough off-beach parking, so it has allowed beach driving for more than 100 years.
Councilman Persis has called for changes in the past but says his proposals have been soundly rejected by other county officials. His proposals have included making the beach driving lanes one way, limiting driving to certain areas and providing more off-beach parking.

One reason such proposals haven’t passed may be that the county believes that it is immune from lawsuits caused by beach driving accidents. According to deputy county attorney Jamie Seaman, the policy is covered under the sovereign immunity doctrine, which immunizes governments from lawsuits for certain policy judgments.

However, that immunity isn’t absolute. In the 1980s, the Florida Supreme Court ruled that Daytona Beach was liable for a beach driving accident. The Court said that beach driving creates a “lethal mixture” of cars and people, and that risk was known by the City of Daytona Beach. Therefore, the city had a duty to warn beachgoers of the danger.

Volusia County’s policy was created after that decision, however, and county officials believe their policy will successfully protect them from any liability for accidents resulting in injuries to children and adults.

One attorney interviewed by the Sentinel disagrees that Volusia County is completely immune from lawsuits.

“It’s an inherent danger allowing cars on the beach, and what it would take is a case with the right set of facts,” said the attorney. “For example, a child under the age of 6 cannot be negligent for his or her actions. You cannot blame a child for the accident, and that could be an important distinction.”
The Florida Highway Patrol is still investigating the truck accident leading to Aiden’s death. According to its preliminary findings, however, the driver who struck Aiden was not speeding and was not under the influence of alcohol.

Related Resources:
• “Second child killed in beach driving accident raises liability questions” (Orlando Sentinel, July 20, 2010)
• “4-year-old hit, killed on beach in New Smyrna” (Orlando Sentinel, July 18 2010)

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