Miami Injury Lawyer Blog

This past March, Florida’s Second District Court of Appeals tackled an important issue in the case of Smith v. Llamas, addressing the inquiry as to whether a Florida car accident victim’s injuries are temporary or permanent and if this question should be answered by a jury. The Court ultimately held that the permanency of injuries is a question of fact, and, as such, is the sole province of the jury.

In Smith, Fernando Llamas was injured in car accident when his vehicle collided with that of Shana Smith. Llamas sued Smith for negligence, claiming that that he had suffered significant injuries to his neck and knee in the accident. Smith maintained that she was only partially responsible for the collision and, pursuant to Florida's comparative negligence doctrine, her liability must be reduced by the proportion of Llamas’ liability.

At trial, Llamas presented expert testimony by a neurosurgeon stating that Llamas' neck injury was permanent due to the fact that surgery could not completely eliminate the injury. In rebuttal, Smith’s expert, an orthopedic surgeon, testified that Llamas’ neck injury was not permanent and was not caused by the accident.

Llamas had another doctor testify that his knee injury was permanent and caused by the accident, however, Smith argued that the doctor’s conclusion was based on an inconsistent and inaccurate medical history that was provided by Llamas.

After trial, a jury determined that Smith was entirely liable for the accident and awarded Llamas approximately $40,000 in damages, for past medical expenses. The jury concluded that Llamas' injuries were not permanent and therefore did not award any future medical expenses. Llamas moved for a new trial, arguing that the evidence presented at trial established that he had sustained permanent injuries related to the crash. The trial court agreed and granted Llamas a new trial.

On appeal, the Second District reversed the trial court, holding that the trial court had abused its discretion by setting aside the jury verdict. Florida law states that, to set aside a jury verdict, it must be so unjust to warrant a new trial and "the evidence must be clear, obvious, and indisputable.”

Citing this standard, the Court opined that there was "conflicting evidence on whether Llamas sustained a permanent neck injury in the accident” and the jury could have properly determined that “Llamas did not sustain any knee injury as a result of the accident in light of evidence that he provided an inaccurate medical history and did not seek treatment for a knee injury until eight months after the accident.”

The degree and permanency of a victim’s injuries are often one of the most hotly contested issues that arise with regard to motor vehicle accident cases. The Miami car accident attorneys of Gerson and Schwartz have extensive experience representing individuals who have been injured in car accidents. If you or someone you know has been injured by the negligence of another, contact us today.

Earlier this year, Florida’s Second District Court of Appeals addressed the question as to liability of a co-owner of a vehicle for injuries caused by the negligent driving of the car’s other owner. In Ortiz v. Regalado, Andy Ortiz (“Andy”) was driving a car which he co-owned with his father when he collided with the vehicle of Lourdes Falcon, killing Ms. Falcon’s daughter who was a passenger.

Ms. Falcon filed a lawsuit, claiming that Andy was negligent in causing the accident and that his father was vicariously liable for Andy’s negligence as joint owner of the vehicle. As this blog has discussed before, vicarious liability, or respondeat superior, is a legal theory under which the superior, in this case Andy’s father, is held liable for the acts of his or her subordinate, in this case Andy.

After a trial, a jury found that Andy and Ms. Falcon were each 50% at fault for the accident and awarded Ms. Falcon a judgment for approximately $1.4 million in damages. Under Florida’s comparative negligence law, each party to an accident is held proportionately liable for damages resulting from his or her negligence. Accordingly, the court ordered Andy and his father jointly liable to pay half of the $1.4 million judgment.

On appeal, Andy’s father argued that he was not involved in the accident and should not be held liable merely because he was a co-owner of the vehicle. Andy’s father contended that he was entitled to a reduction in the damages under section 324.021(9)(b)(3) of the Florida Statutes, which sets a limit on damages for which an owner of a vehicle is responsible when the owner loans the vehicle to another whose negligent operation of the vehicle results in damages to another.

In rejecting this argument, the Court recognized that, although the law limits damages for the owner of a vehicle when the owner loans the vehicle to another, in this case, Andy’s father did not loan the car to Andy, rather Andy was lawfully driving the vehicle as its joint owner. The Court opined that, "An owner of an object can only loan that object to another who has no legal right to the object,” concluding that because the language of 324.021(9)(b)(3) is clear and unambiguous, the Court was required to give it its plain and obvious meaning.

Although the Court rejected the argument of Andy’s father, it acknowledged that the term "loans," was not defined in the statute. Accordingly, the Court further held that, “[b]ecause vicarious liability is of major concern to the citizens of Florida” it was necessary to certify a question to the Florida Supreme Court as to whether the damages limit under 324.021(9)(b)(3) should apply to vehicle co-owners.

Given the fact that thousands of vehicles on Florida’s roadways are co-owned, the Ortiz decision, as well as any subsequent decision by the Florida Supreme Court, is of particular importance to both plaintiffs and defendants alike.

The Miami personal injury attorneys of Gerson and Schwartz, P.A. have extensive experience representing individuals who have been injured in car accidents. If you or someone you know has been injured by the negligence of another, contact the attorneys of Gerson and Schwartz, P.A. today.

Texting while driving is a rampant problem across the US, which often times leads to catastrophic car accidents. The state of Florida is one of the only remaining states who had not yet passed a law banning texting while driving, until now. The senate has approved and passed Bill 52 making texting a secondary violation for drivers, who are cited for a primary driving infraction. If it is discovered, that a driver is typing on any device whatsoever, he or she will receive an additional citation for this, now illegal activity.

Statistics indicate that thousands of teens and adults are killed each year due to texting and driving. Miami auto accident attorneys, as well as law enforcement deal with these critical cases on a regular basis. The dangers of distracted driving have been proven over and over again throughout the world. According to Distraction.Gov, drivers who use a hand held device are 4 times more likely to get into life threatening car accidents. Sending a text or an email can take a driver’s eyes of the road for an average of 4.6 seconds, resulting in serious car accidents that cause injury to drivers, passengers and pedestrians, alike.

Personal injury attorneys Nicholas and Philip Gerson have seen firsthand what can happen when a careless driver is holding the wheel and a hand held device at the same time. They have handled numerous cases in which a driver who sent a quick text or email caused serious harm to their clients. Wrongful death cases or cases of catastrophic injuries are the result of driver negligence.

If drivers were not otherwise distracted, they would have been paying closer attention to the road. Texting or sending emails while driving takes the driver out of the moment and away from noticing the street signs, lights, or innocent pedestrians. Frequently, teen agers who are new drivers are easily distracted by texting while driving. Due to their young age and inexperience, children’s slower reflexes become a handicap for them while navigating the road. 11 teenage drivers die every day in the US due to texting and driving.

Continue reading "No Texting While Driving Passes in Florida Senate" »

Typically, when a person is injured in a car accident, the insurance company of the at-fault party will step in and attempt to settle the dispute on behalf of its insured. Sometimes, however, the insurance company is unable or unwilling to settle the claim, forcing the injured party to sue. The injured party may later receive a judgment against the insured party that exceeds the amount of the insured’s coverage, leaving him or her on the hook to the injured person for the full amount of the award less what was covered by under the insurance policy.

Under Florida law, bad faith claims allow the insured to sue his or her insurance company to recover the difference between the limit of coverage and the amount of the judgment if the insurance company acted in “bad faith” in attempting to settle the injured party’s claims. Last month, the United States District Court for the Middle District of Florida, issued an opinion in the case of Markel American Insurance Company v. Flugga discussing the elements of a bad faith claim and the elements necessary to establish such a cause of action.

In Flugga, Mark Flugga was found to be at fault for a 2010 motor vehicle accident in which he, his passenger, and two individuals in another vehicle were injured. Flugga's insurance company, Markel American Insurance Company, was notified of the accident four days after it occurred.

At the request of the attorney for Flugga’s passenger, Markel provided information concerning Flugga's coverage in April of 2010. Later, Markel requested information regarding the passenger’s injuries, after which the passenger’s attorney notified Markel that there was a publicly recorded hospital lien for more than $72,000 for hospital bills related to treatment for the passenger’s injuries. The passenger’s attorney also informed Markel that the passenger had filed a lawsuit against Flugga for negligence.

Markel tendered a check to the passenger’s attorney for $10,000, which was the limit of coverage under Flugga’s policy. The check was returned and no further discussion was had regarding settlement. On the day before trial was to commence on the negligence lawsuit against Flugga, Markel filed an action in Federal District Court asking the court to declare that Markel had not acted in "bad faith" in the handling of the passenger’s claim.

The District Court held that, generally, the lack of a settlement offer by itself is not sufficient to prove that an insurer acted in bad faith in handling a claim. The Court further opined that an insurer has an obligation to attempt to negotiate a settlement when liability is clear and the known injuries are sufficiently serious that a judgment would likely exceed the insured’s policy limits.

In applying its analysis to Flugga’s case, the Court concluded , “[G]iven the minimal coverage of $10,000 as compared to the known injuries suffered*** coupled with [the] retention of a lawyer to press [the] claim and the time that elapsed from the date of the accident to the tender of the policy limits, there is a genuine issue of fact as to whether***Markel American acted in bad faith.” The Court then dismissed the action, maintaining that the bad faith issue could properly be litigated in the state court action.

In a car accident where the liability is obvious and the damages are in excess of the policy and if the insurance company fails to settle the case for less than case value, you too may have a a bad faith claim under Florida law. The Miami, Florida personal injury attorneys of Gerson and Schwartz, P.A. have extensive experience representing individuals who have been injured in car accidents and are forced to deal with insurance companies. If you or someone you know feel your insurance company is not acting in good faith to resolve a claim, contact the attorneys of Gerson and Schwartz, P.A. today for a free consultation.

Last month, the U.S. Supreme Court issued a landmark opinion in the case of Wos v. E.M.A. that protects the rights of those who receive settlements or judgements following an accident. Specifically, the ruling prevents states from taking unnecessary large portions of the award for Medicaid reimbursements.

In WOS a victim of medical malpractice and subsequent Medicaid recipient challenged a North Carolina statute requiring that up to one-third of any settlement recovered by a Medicaid beneficiary be paid to the State as reimbursement for payments made for medical treatment. The victim estimated her damages to exceed $42 million, but she eventually settled the claims for $2.8 million. The state court approved the settlement but put one-third of the recovery into escrow pending a determination as to the amount owed to North Carolina for Medicaid payments.

While the case was pending, the North Carolina Supreme Court issued an opinion holding that the irrebuttable statutory one-third presumption was a reasonable method for determining the amount due the State for medical expenses. The Federal District Court that originally heard WOS agreed with the North Carolina Supreme Court, but, on appeal, the Fourth Circuit Court of found otherwise. The U.S. Supreme Court granted certiorari to resolve the conflict between the Fourth Circuit and North Carolina Supreme Court.

In a previous case, the Supreme Court held that the federal Medicaid statute sets both a floor and a ceiling on a State’s potential share of a beneficiary’s tort recovery. The Court determined that federal law requires an assignment to the State of “the right to recover that portion of a settlement that represents payments for medical care,” but also “precludes attachment or encumbrance of the remainder of the settlement.”

Unfortunately, the earlier case did not establish how to determine what portion of a settlement constitutes payment for medical care, allowing North Carolina to adopt the statute presuming one-third a recipient’s the recovery represents compensation for medical expenses.
Writing for a 6-3 majority in WOS, Justice Kennedy stated that the statute’s arbitrary determination that one-third of every settlement was reimbursable to Medicaid constituted a violation of the Federal Medicaid anti-lien provision.

Continue reading "United States Supreme Court Strikes Down Arbitrary State Medicaid Recovery Legislation" »

Recently, the National Safety Council (“NSC”), a nonprofit organization dedicated to injury and death prevention, designated the month of April distracted driving awareness month and introduced a plan asking all motorists to participate in remedying this problem plaguing our nation’s roadways.

Distracted driving is becoming an increasingly serious issue across America. Despite a rising number of distracted driving car accidents each year, many states, including Florida, have been slow to adopt measures to curb the problem.

Indeed, Florida has yet to pass any law banning the use or cell phones in any capacity while driving. Thirty-nine states and the District of Columbia have already adopted texting while driving bans and many others have restrictions on cell-phone use. As has been discussed by this blog before, several bills proposing statewide bans on texting while driving have passed through the Florida Senate, but failed in the House of Representatives.

According to recent statistics, of the more than 170,000 crash reports filed in Florida during the first ten months in 2011, over 100 involved motorists that were texting at the time of the accident. That number is almost certainly too low, however, as most driver’s would be reluctant to admit to texting while driving. Studies have found that almost a third of motorists admit to using their to using their cell regularly while driving. Over two-thirds of drivers professed to using their cell phone while driving at least once in the previous month.

Further, according to a 2009 report compiled by the National Highway Traffic Safety Administration (“NHTSA”), 5,474 people were killed on U.S. roadways and an estimated additional 448,000 were injured in motor vehicle crashes that were reported to have involved distracted drivers. Of the distracted driving crashes resulting in the death of an individual, 995 were reported to involve a cell phone as the distraction. Of the distracted driving crashes resulting in an injury to someone, over 24,000 were reported to involve a cell phone as the distraction.

Continue reading "National Safety Council Designates April As Distracted Driving Awareness Month" »

Earlier this month, The Miami Herald reported on the unfortunate death of a Florida International University student as a result of a hit-and-run accident. Forty-three year-old Melita Jaric was walking across Southwest 11th Street in Miami, Florida, when she was struck by a car driven by an unknown individual.

Jaric suffered serious injuries, including a fractured skull and left arm, as well as experiencing substantial swelling of the brain. Jaric was transported to nearby Jackson Memorial Hospital where she remained in a coma for several days before succumbing to her substantial injuries.

Investigators interviewed neighbors following the incident, many of whom complained that the four-way-stop at the intersection is regularly ignored. According to one resident, “This street has become like a race track. Everybody passes by here. Don’t respect the stop sign.”

Continue reading "Florida International University Student Killed In Miami Hit And Run Accident" »

Florida legislators are considering measures that would repeal Florida's No Fault Benefits, also referred to as Personal Injury Protection. Under the current law, Florida drivers are required to carry up to a total of $10,0000 in coverage. The benefits pays an insured's medical bills and expenses regardless of fault. Currently, the PIP covers up to 80% up to $10,0000 of medical bills and hospital related expenses and up to 60% of wage loss. Once the 10,0000 has been exhausted, accident victims must find other sources such as making a claim against the at fault party. Of course, that assumes the driver of the other vehicle also has coverage for bodily injury. In Florida, unlike many other states, bodily injury coverage is not legally required. Just recently, Florida's PIP laws were changed. Prior to January 1, 2013, there were not as many limitations on personal injury benefits such as who can claim them and under what circumstances. Now, the PIP laws require that injury victims seek medical attention within 14 days of an accident to receive maximum benefits. Other changes to the law require the diagnosis by a medical doctor that an accident victim sustained an "emergency medical condition", among others. The new laws also placed limitations on the types of medical providers that could get paid under PIP. The law now excludes massage therapists and acupuncture all together. The changes, of course were the direct result of insurance companies claiming that the system was being taken advantage of by medical providers and others in car accidents. Attorney referral services and other marketing companies that advertise for car accidents have also been under scrutiny by the Florida Bar. The "savings" argument was that the changes in Florida PIP laws would allow for future lower insurance premiums for all, and that savings would then be passed on to Florida consumers drivers. Of course, that logic and reasoning is now being questioned. In the midst of the new "Affordable Healthcare Act" ready to take effect, law makers are beginning to wonder if personal injury protection benefits will be necessary. Most states, require motor vehicle operators to carry bodily injury insurance. If PIP is repealed in Florida, Florida law would likely require all vehicle owners to carry bodily injury protection as well. Miami, Florida injury attorneys at Gerson and Schwartz, PA believe changes to existing Florida No Fault Laws are a good thing. Since bodily injury coverage is not required in Florida, many accident victims are left with little legal recourse if there is no insurance coverage available. The latest news is that the Florida Senate is considering a bill and other law makers are considering other legislation to address the issue. The bill that is in the works, would repeal Florida's No Fault Benefits. It appears that it may have a chance of being passed by both the house and senate as it appears it has gained much public attention and support.

Continue reading "Florida Senate Considering Bill Repealing Personal Injury Protection Laws" »

Florida lawmakers have passed a new law which was implemented January 1 stating that all drivers from foreign countries (including Canada) must have an International Driver’s License to operate a vehicle in Florida. Many of our clients have been seeking the advice of a personal injury lawyer in Ottawa to help them determine whether they would be covered in the event of an accident if they were driving in Florida without an International License.

Victims of motor vehicle accidents seeking a lawyer in Toronto may want to consult with the head office of the Insurance Bureau of Canada, which has recently issued a statement indicating that they’ve asked insurance companies to conduct business in the same way as they have to date, therefore protecting all Canadians if such an unfortunate event should arise.

On their end, the Florida Highway Patrol has indicated they will not be enforcing the new law as it is subject to review due to potential conflict with international agreements.

The Canadian issuers of the International Driver’s Permits have asked the State of Florida to change the law so that it does not apply to Canadians. We’re wondering what Florida accident attorneys such as the Miami Personal Injury law firm of Gerson & Schwartz , PA think of all this. In the meantime, we at Intraligi Law Firm would advise all our Canadian friends to obtain an IDP just to be safe before their next trip to Florida. Despite assurances to the contrary, you don’t want to have a car accident and then hear a police officer tell you you’re driving without a valid license, or worse yet, your insurance company. The last time we checked, the CAA website indicated the fee for such a license is $25. The annoying part is that you have to go get those passport photos taken before you can apply.

Stephan Intraligi, Hon.B.A., J.D., Esq.

Mr. Intraligi is a personal injury lawyer in Toronto, and also offers consultations as an injury lawyer in Ottawa to all victims of car accidents, slip and falls and all other type of personal injury related matters.

On March 2, 2013, FloridaToday.com reported on the unfortunate death of two Brevard County teens that were killed in a car accident caused by a suspected drunk driver. On February 28, 2013, Rachel Price, 18, and a passenger, Jamaree Cook, 19, were traveling west on U.S. 192 near St. Cloud, Florida when an oncoming pickup truck cut in front Price. Price’s vehicle collided with the pickup and then hit another vehicle stopped at the intersection, killing both Price and Cook. The driver of the pickup was arrested at the scene on suspicion of driving while intoxicated.

This unfortunate incident highlights a continuing problem of negligent and reckless drivers on Florida’s roadways. Because it is impossible to completely safeguard oneself from negligent drivers, it is important that motorists be aware that in the event they are injured in a car accident caused by the negligence or recklessness of another they have a right to compensation and in some instances punitive damages. Punitive damages are not recoverable in every case. Under Florida law, there first be a be a proffer of evidence in the record before a claim for punitive damages can even be included as part of a personal injury lawsuit.

Continue reading "Victims Of Drunk Drivers Entitlement to Punitive Damages in Florida " »

Yesterday, a Florida State Senate Senate committee unanimously approved Senate Bill 52 (“Bill 52”), which would impose a statewide ban on texting while driving. Similar bills have repeatedly passed through the Florida Senate, but failed in the House of Representatives. Thirty-nine states and the District of Columbia already adopted texting while driving bans.

The Florida Senate Communications Committee voted 9-0 in favor of SB 52 which outlaws texting by motorists but exempts police and other emergency vehicles. SB 52 would make texting subject to secondary enforcement, meaning that law enforcement can cite drivers for texting only if they had been stopped for another traffic violation such as speeding. Under SB 52’s provisions, an initial violation of the anti-texting law would result in a $30 fine. Further, if the illegal texting caused an accident, the driver would be assessed six points on his or her driver’s license.

A spokesperson for the Florida Department of Highway Safety and Motor Vehicles, Courtney Heidelberg, stated that Florida highway safety records indicate that, of the 171,538 Florida crash reports filed during the first ten months of 2011, 149 involved drivers that were texting at the time of the accident.

According to a recent study released by the AAA Foundation for Traffic Safety’s (“Foundation”), distracted driving is a growing concern and common practice among motorists. The study, referred to as the Traffic Safety Index (“Index”), was assembled based upon data gathered from surveys of 3,896 U.S. residents over the age of sixteen. The Index concluded that, although many Americans value safe travel and support laws discouraging unsafe driving behaviors, e.g. speeding, they tend to practice dangerous driving habits themselves.

According to the Index’s findings, 88.5% of drivers consider using a cell phone while driving a serious threat to motorist safety. Additionally, 67.3% of respondents feel that distracted driving is a bigger problem today than it was three years ago. Although most of the surveyed individuals expressed concerns about distracted driving practices, they also adopted a double standard with regard to support of measures to discourage such behavior.

More than two-thirds (68.8%) of respondents confessed to using their cell phone while driving at least once in the past thirty days. 31.9% admitted to doing so “fairly often or regularly.” However, 57.9% of surveyed individuals felt that talking on a cell phone while driving was a serious threat to driver safety and 66% considered the practice to be “unacceptable.”

Just recently, a Broward court entered an order granting a plaintiff in an automobile accident case with leave to plead punitive damage based on an accident with a driver that was text messaging. Under Florida Statutes, 768.73, punitive damages may be awarded if there is "clear and convincing evidence" of reckless disregard for the life and safety of others. In Florida, this legal standard has been often been applied to drunk drivers. More and more recently however, courts are allowing plaintiffs to pursue claims for punitive damage for injury and accident victims due to text messaging. However, most personal insurance policies don't cover punitive damages, or they are excluded under the policies, so there are practical limitations one must consider when pursuing a claim against a text messaging defendant. Considerations an experienced car accident attorney will look for include an investigation into the personal assets of the defendant, the existence of whether there is any third party liability, such as an employer/employee relationship, or some other legal theory under the law of agency.

Continue reading "Florida Legislature Consider Bill Banning Texting While Driving" »

According to a recent story published by The Miami Herald, Texas A&M University’s Transportation Institute has issued its annual Urban Mobility Report for 2012, ranking the region encompassing Miami Dade, Broward, and Palm Beach Counties, eleventh of the fifteen worst urban areas in the nation for traffic congestion.

The study reviewed traffic conditions and patterns in cities and suburbs across America in an attempt to quantify the amount of traffic congestion in various regions and give researchers a way to measure the degree of unreliability associated with calculating the amount of time required to make a given trip. According to the report, the only areas in the U.S. with worse traffic congestion than the South Florida region were Washington, DC, Los Angeles, San Francisco-Oakland, New York-Newark, Boston, Houston, Atlanta, Chicago, Philadelphia, and Seattle.

Continue reading "Report Finds Florida FLorida Traffic Congestion Some Of The Worst In The Country" »

Recently, the Bradenton Herald reported on a three-vehicle accident on U.S. Route 41 in Bradenton, Florida that occurred on Thursday evening that left two motorists injured. According to the story, at approximately 11:00 p.m., the driver of a Toyota Corolla heading south on Route 41 spun out of control, striking a wall on the shoulder and then rolling back into the southbound lane of traffic.

The motorist driving a Chevrolet Metro behind the Corolla attempted to steer left around the wreck and lost control, eventually coming to a stop in the northbound lane. A driver traveling in the northbound lane was unable to avoid a collision with the Metro. The 27 year-old woman driving the Corolla, who was seriously injured and taken to a nearby medical center, was cited by police for careless driving.

What are your legal rights after a Florida car accident?

With more and more motorists on the road every day, these types of incidents are becoming increasingly common. Safety features built into newer vehicles are trying to address the consequences of each accident, but those safety features rarely actually prevent accidents. It is important for Florida motorists to understand their rights under the law so as to be protected in event they are injured in a motor vehicle accident.

Florida is one of twelve U.S. states that employs a “no fault” insurance scheme. Under a no-fault insurance scheme, when motorists are involved auto accidents which results in injuries to either party, each driver must submit any claims for compensation to his or her own insurance company, regardless of whether either party is determined to be at fault for the accident. Florida requires that motorists carry a minimum of $10,000 of personal injury protection (“PIP”) and additional $10,000 of property damage liability (“PDL”).

PIP covers necessary medical treatment and other economic damages that might arise from a motor vehicle accident, including up to 80% of medical bills and up to 60% of lost wages.

Continue reading "Understanding Florida Motorists’ Right To Compensation" »

A recent report prepared by the Advocates for Highway and Auto Safety (“AHAS”), calls on the elected officials of all fifty states to adopt 15 basic traffic safety laws that the AHAS maintains have the potential to save thousands of lives and billions of dollars each year.

According to the report, states that adopt the laws will benefit by reducing the number of preventable deaths and injuries due to traffic accidents, save on medical and work loss costs such as Medicaid, hospitalization, emergency responders and law enforcement, and qualify for federal grants designed to encourage enactment of traffic safety programs. The release also contains a report card grading each state’s efforts to adopt the proposed laws.

Fourteen states and the District of Columbia received “green” ratings, indicating significant advancement toward adopting all of the recommended laws. Six states received a “red” rating, indicating poor performance due to a dangerous lack of basic traffic safety laws. Florida was one of thirty states to receive a “yellow” rating, indicating that a “moderately positive performance but with numerous gaps still in [its] highway

According to the report, Florida saw 2,398 traffic fatalities in 2011 and suffered an average annual economic cost due to motor vehicle accidents of $14.4 billion. So which recommended traffic laws is Florida missing?

Continue reading "New Report Finds Florida Traffic Safety Laws Are Lacking" »

On January 7, 2012, the U.S. Department of Transportation's National Highway Traffic Safety Administration (“NHTSA”) released Federal Motor Vehicle Safety Standard No. 14 calling for manufacturers of hybrid and electric automobiles to ensure that their vehicles meet certain minimum sounds standards set forth by the federal Pedestrian Safety Enhancement Ac, (“PSEA”). Passed in 2010, the PSEA directs mandates the Secretary of Transportation promulgate motor vehicle safety standards establishing a requirement that electric and hybrid vehicles provide an alert sound to make pedestrians aware of the approaching vehicles.

According to an NHTSA press release, as a result of the fact they don’t rely on gasoline-power at low speeds, electric and hybrid engines are much quieter and difficult to perceive upon approach than their combustion-based counterparts. Standard 141 seeks to remedy this problem by requiring manufacturers to outfit electric/hybrid vehicles with some mechanism to emit a sound that is detectable beneath a wide range of street noises and ambient sound when the automobile is moving at less than eighteen miles per hour.

According to NHTSA Administrator David Strickland, the proposal would “[A]llow manufacturers the flexibility to design different sounds for different makes and models while still providing an opportunity for pedestrians, bicyclists and the visually impaired to detect and recognize a vehicle and make a decision about whether it is safe to cross the street.”

Based upon NHTSA estimates, the implementation of Standard 141 would reduce the number of pedestrian and bicyclist injuries by 2,8000 over the life of each model year of hybrid car, truck, vans and low speed vehicle. A 2012 NHTSA report estimates that, in 2010, 4,280 pedestrians were killed and an estimated 70,000 were injured in traffic crashes in the United States. The report approximates that an average of one pedestrian was killed every two hours and injured every eight minutes in traffic crashes.

According to a 2003 report by the Florida Department Of Transportation, Florida’s pedestrian fatality rate consistently exceeds that of the rest of the United States and often ranks highest among the states. The report concludes that the high fatality rate is largely attributable to the fact that Florida’s temperate climate and seasonal variation in length of day, i.e. nights set in earlier in the South, results in increased pedestrians exposure to traffic during more hazardous dark hours.

With the increasing popularity of hybrid and electric vehicles, coupled with the tendency of Florida residents to walk rather than drive during dangerous dark hours, pedestrians and bicyclists are at greater risk than ever for being injured or killed in a traffic accident. If you, your family or friends have been involved an accident in which you sustained injuries, you may need legal representation to protect your right to compensation.

The qualified Miami, Florida personal injury lawyers at Gerson and Schwartz, P.A. have extensive experience representing car accident victims, pedestrians, and bicyclists who have been injured by negligent drivers. If you are a pedestrian or bicyclist that has been injured by an automobile, or know someone that has, contact our Miami,Florida accident attorneys at Gerson and Schwartz, P.A. today.

Recently CentralNY published a story on a tragic fatal Florida car accident that took the life of a college student. Details on the auto accident remain sparse, as authorities are still investigating to determine exactly what happened. What is known is that a 22-year old was on his way back to Santa Fe College in Gainesville after having spent the holiday season with his family. He was traveling south on Interstate 95 on Sunday when, for reasons that have yet to be determined, his car careened off the road. The vehicle eventually slammed into the concrete base of an overhead sign. The impact was severe, and the student did not survive the collision.

The Miami, Florida Auto accident attorneys at Gerson and Schwartz, PA say it is far too early to make any claims about whether or not there might be civil liability in this case. The road conditions may have been poor, items from another vehicle may have been in the road, his car could have malfunctioned, or any number of other factors may had led to the tragic accident.

Continue reading "Fatal Florida Car Accidents & Wrongful Death Lawsuits" »

Car accidents strike countless times each and every day throughout Florida. There are many different types of accidents, from drivers failing to see a stop sign to drivers talking on a cell phone and drifting into a different lane. In fact, frequently the causes of an accident are myriad, many different factors combine to cause a collision, often with significant property damage and personal injury.

Because of this many community members who are involved in these Florida car accidents have questions about how the law deals with cases where different parties are both partially at fault for the accident. Can you still recover for part of your losses even if you weren’t driving perfectly at the time of the incident?

Continue reading "What If I’m In a Car Accident And We Are Both At Fault?" »

New Personal Injury Protection Laws Now Effective

New motor vehicle accident laws go into effect today, (actually as of 1/1/2013)
along with many other new laws across the nation. Motorists in Florida should now be aware of how the changes will affect them in the event of a car accident. "Personal Injury Protection" is a type of insurance that all motorists in the state of Florida are required to purchase by law. The changes in PIP will now lower the amount of money injury and accident victims can obtain for medical treatment and compensation regardless of the fault paid for by their own insurance company. The laws now create additional obstacles to obtain the full benefits. The laws have been enacted to help combat the questionable medical care, medical bills, fraud, and other forms of what some consider to be questionable treatment such acupuncture. It's not that you can't still get this care, the only difference is in the amount of money your insurance will pay for medical treatment and how much they will have to pay. The new law can be found under , House Bill 119.)

Under the new PIP laws, if an insured does not seek medical treatment within 14 days of the accident, PIP will not pay any medical expenses. This is different from past PIP laws as there was no time limit to seek benefits until now.

Although there is medical literature that states it is not uncommon injuries to manifest after 14 days after an accident, it also not unusual for people who sustain serious bodily injuries in that time frame. But also, when you consider the the difficulty in obtaining an medical appointment some people may be out of luck under the now existing law in the state of Florida.

Drivers, medical providers, chiropractors, and attorneys handling car accident cases should familiarize themselves with the new provisions. The now current law is that unless the medical treatment is for an "Emergency Medical Condition," PIP payments will be limited to $2,500. this differs from the prior $10,0000.00 one could obtain. Also emergency medical care is defined in the new legislation as: (1) Serious jeopardy to patient health; (2) serious impairment to bodily function; (3) serious dysfunction of any bodily organ or part.)

Continue reading "New Florida Motor Vehicle Accident Laws; Changes in Personal Injury Protection Now Effective" »

Motor vehicle accidents can cause serious injuries and sometimes even lead to death. The situation is even more tragic when children are involved. Sadly, car accidents involving children strike time and time again throughout the state.

For example, on Saturday, December 1st a 14 year old girl died in a car crash in Baker County. Two other teenagers were injured. According to the Florida Times-Union, a vehicle overturned as the 17-year old driver attempted to pass another vehicle. The three teens in the car were all ejected with one suffering fatal injuries and the other two transported to a local hospital in critical condition.

This is one of many deadly accidents that occur each year in Florida that involves teenagers. Many safety advocates argue that programs exists that can help raise teen driver awareness and track traffic accidents. For example, Florida Highway Patrol Captain, Keith Gaston uses a program he developed in college to help collect accident information for specific areas in Florida. This “Signal Four Analytics” program can inevitably help police address high volume accident areas in hopes that less people will get hurt on the road.

According to Florida Today, this pilot program is able to compile information regarding traffic accidents that occur within the state including “basic collision facts to more detailed data available to traffic investigators and others.” This information can help law enforcement determine the time and location of accidents to see where and when these accidents frequently occur. Motor vehicle accidents can cause serious injuries and sometimes even lead to death. The situation is even more tragic when children are involved. Sadly, car accidents involving children strike time and time again throughout the state.

For example, on Saturday, December 1st a 14 year old girl died in a car crash in Baker County. Two other teenagers were injured. According to the Florida Times-Union, a vehicle overturned as the 17-year old driver attempted to pass another vehicle. The three teens in the car were all ejected with one suffering fatal injuries and the other two transported to a local hospital in critical condition.

This is one of many deadly accidents that occur each year in Florida that involves teenagers. Many safety advocates argue that programs exists that can help raise teen driver awareness and track traffic accidents. For example, Florida Highway Patrol Captain, Keith Gaston uses a program he developed in college to help collect accident information for specific areas in Florida. This “Signal Four Analytics” program can inevitably help police address high volume accident areas in hopes that less people will get hurt on the road.

Gaston suspects that the December 1st accident occurred at a high frequency time for teenagers, which is after school. Now that they are able to target the time and place, they can focus on enforcing safety measures among young drivers in that area by issuing warnings or when necessary, giving tickets. Gaston admits, however, that the goal of this program is not to give tickets but to decrease the number of accidents overall. Educating drivers and increasing patrol are among the safety measures Gaston intends to put in place.

This program may be an innovative step for law enforcement to use to decrease the number of accidents that occur within our state. In the past paper reports and simple intuition was used to target the areas of frequent car accidents. Hopefully, as other public agencies enter other information into the database, such as insurance details and data about which hospitals victims were sent, the program can be further useful to these agencies. Thus far the state has provided $179,000 to expand this pilot program so that it can be free to all public agencies such as emergency medical providers and traffic engineers. What started as a pilot program is now proving to be a helpful guide to law enforcement.

Continue reading "New Program Seeks to Minimize Florida Car Accidents" »

Most drivers who experience the misfortune of being struck from behind by another vehicle operate on the assumption that the other driver is likely to bear full responsibility for the injuries and damage that result. This assumption has generally been borne out in Florida rear-end collision cases. However, but a Florida Supreme Court ruling issued just last month has increased the possibility that even where a rear driver is overwhelmingly at fault, that driver may not have to compensate the front driver for all accident-related expenses. This development makes it more important than ever for Florida accident victims involved in rear-end collisions to be represented by experienced Miami personal injury attorneyslike the ones at Gerson and Schwartz, PA who know exactly how to analyze the many factors now deemed relevant to establish legal liability in these types of cases.

The Rear Driver Is No Longer Presumed Solely Responsible

Until the Florida Supreme Court’s ruling, last month, the prevailing principle, in rear-end collision cases, was that the rear driver’s conduct would almost always be presumed to be the sole (and most immediate) cause of injuries caused to individuals in the forward vehicle. This presumption could be lifted in only three scenarios: 1) Where the rear driver’s vehicle experienced an unpreventable brake failure, 2) where the forward driver stopped or changed lanes suddenly, and 3) where the forward vehicle was illegally stopped in the path of traffic. In 2010, a Florida appeals court challenged this prevailing analysis, holding that if the forward driver in a rear-end collision case was negligent in any manner, that negligence could be used to reduce the rear driver’s liability for damages. This, said the appeals court, was consistent with Florida’s ‘comparative fault doctrine’ , in which financial responsibility in personal injury cases is generally not assigned on an all-or-nothing basis, and is, instead, distributed among the parties according to the percentage of fault in relation to the extent of fault to which their conduct contributed to accident and resulting injuries.

The case decided by Florida’s Supreme Court, last month, was actually brought by the rear driver in a rear-end collision case, who hoped to benefit from the 2010 appeals ruling that recognized potential liability on the part of forward drivers in such collisions. The forward driver in that case had been using her cell phone while driving downhill at 45 mph, just before she collided with a vehicle and then got struck by the plaintiff from behind. The rear-driving plaintiff initially lost at the trial and appeal levels, but the Supreme Court sided with her in the end, granting her a chance to present her case to a jury. In the process, the Florida Supreme Court essentially confirmed that there is no longer a very firm presumption, in Florida, that the conduct of the rear driver in rear-end collisions is solely responsible for the forward driver’s injuries.

Continue reading "Florida Rear-End Collision Victims Face New Challenge As High Court Complicates Proof of Fault" »

A private charter bus carrying 32 members of an assembly-bound church group inexplicably ended up at Miami International Airport, this past Saturday, where it rammed into an overpass, instantly killing one of its passengers and injuring many others. According to the December 2 Miami Herald, the bus was 11 feet tall, but, as shown in a December 2 Associated Press photo of the accident, the bus crashed only several feet away from two prominent signs that warned all vehicles taller than 8 feet, 6 inches to stop and veer left. An Airport spokesman stated that the bus was traveling at about 20 mph at the time of the accident, and that any bus driver familiar with the Airport would have known that tall vehicles are prohibited in the area.

A tourist who witnessed the incident reported that the damaged bus resembled a peeled-back “can of sardines.” In fact, because the bus’s roof crumbled at its point of impact with the overpass, metal and debris fell on to passengers from above, causing many head and facial injuries. Passengers were also thrown from their seats into the center aisle at the time of impact. Miami resident Serfin Castillo was killed immediately, and a second passenger, Fancisco Urana, also of Miami, died after reaching Jackson Memorial Ryder Trauma Center. Three other passengers were admitted to hospital in critical condition, with another eight hospitalized in stable condition. The bus was owned and operated by Miami Bus Service Corporation, a small company that, according to the Miami Herald, often provides transportation for University of Florida students.

Getting to the Bottom of the Tragedy

Pending investigation, it is too soon to say what factors may have contributed to this tragic collision, but driver error will most assuredly be among the causes explored. Bus drivers may err in many different ways. They may fail to understand posted warning signs, or may disregard these, as a result of fatigue, poor reflexes or cognition, intoxication, or distraction. A bus driver may take passengers into harm’s way by speeding or by failing to exercise proper technique in steering and handling. If a bus company hires a driver likely to be impaired in ways that interfere with proper heeding of warnings, or with proper vehicle handling, then that company will share responsibility for injuries that follow.

Failure of a bus company owner to provide drivers with appropriate drug and alcohol education and testing, or to require necessary driver skills, may contribute significantly to accident risk. In addition, bus company failures to maintain brakes and other systems on vehicle fleets have resulted in liability for the neglectful fleet owners, as have company failures to correct defects in steps and seats that have collapsed on to passengers during unexpected impacts.

Bus Accident Liability
When it comes to shouldering responsibility for injuries to bus passengers, even municipalities and agencies that regulate traffic flow are not excluded. There have been instances in which these entities have been found liable for injuries resulting from defective road design (including design defects that provide too little time for drivers to act on posted warnings), and resulting from inadequate road signage or dangerous road obstructions.

Continue reading "Charter Bus Barrels Into Concrete Overpass at MIA, Killing Two Passengers and Leaving Three in Critical Condition" »

According to the Miami Herald, a woman lost her life after a man recklessly drove his car into a Miami Gardens bus bench yesterday around 4 pm. 4 other people were seriously injured while waiting for the bus at Northwest 199th Street and Second Avenue. The driver who was speeding lost control of his vehicle and literally plummeted directly into the bus bench without even breaking.

One woman, Delia Tafur, wound up having both of her legs amputated. A second woman Wendy Vaszuez, 44, endured severe trauma to the head. Mary Smith, died at the scene, and two teenagers, ages 16, suffered fractures throughout their entire bodies. The name of this driver is still unknown and an investigation is pending. It will be interesting to find out if this driver was driving under the influence of drugs or alcohol or what is past driving record reveals about him.

Car accident attorneys are hired by victims’ families such as these to represent them in a court of law and to seek damages for their physical and emotional losses. Automobile collisions are one of the most common causes of personal injury and wrongful death in Florida. Car accidents can result in multiple kinds of injuries, leaving individuals disabled for a lifetime. Tragically, a car accident can result in the loss of life of a loved one.

An experienced and qualified Miami personal injury lawyer can assist you in filing a claim for lost wages, lost earning capacity, disability, pain, suffering, and funeral expenses, due to a car accident. You are entitled to financial payment for your medical bills, as well. Motor vehicle collisions are a serious crime if they are the result of negligent driving behaviors. If you or someone you love has been seriously injured or killed in an automobile accident contact the law firm of Gerson & Schwartz, PA for a free consultation, today.

The professional services you need to file your claim are available to you, and personal injury attorneys are prepared to help you get through this difficult time. For a hard working attorney who will be committed to your case call (305)371-6000 or contact info@gslawusa.com to see the firm’s website and to speak to an attorney

Gerson & Schwartz, PA will represent your family in an automobile accident case and wrongful death situation.

A drunk driver, with his one year old child in the back seat, was arrested after being stopped by Boynton Beach police. Driving in the bicycle lane on North Federal Highway, Yair Espinsosa had a suspended license. His only identification was a Mexican passport. (sunsentinel.com) After police pulled Espinosa over, they found a bag of cocaine, as well as several open beer bottles.

In the state of Florida, drunk driving is a very serious offense. The legal blood alcohol level in Florida for drivers is .08%. Moreover, drivers are required to sign an “Implied Consent" when they sign their driver’s license. This law mandates that one has agreed to take drunk driving tests, if requested to do so. In Espinosa’s case, he refused the roadside sobriety test. Nevertheless, he later blew a .227 on a breath alcohol test which is almost three times the legal limit. Espinosa was transported to the Palm Beach County Jail; where, he still remains. He could not post the bail amount of $10,050.

The legal ramifications for drinking and driving are severe in the State of Florida, and laws vary depending on the age of the driver. For instance, there is a “Zero Tolerance Law” which applies to all individuals under the age of 21. According to this law , drivers who are found to have a blood alcohol level of .02% or higher are subjected to harsh penalties, including jail and a suspended license for 6 months.

Essentially, this means zero tolerance for any driver under the age of 21. According to Florida Drunk Driving statistics issued by the DMV, there were 33,625 convictions in the state of Florida in 2010. Of these, 2,274 were in Miami-Dade County. The highest number of convictions was in Hillsborough County which includes Tampa, Fl.

Victims who are injured or killed by drunk drivers can seek compensation based on the damages they have suffered. Drunk Driving accident attorneys advocate for just compensation for persons who have suffered because of a negligent driver, who was under the influence. Based on their personal injuries, attorneys can ultimately make claims for victims or their families directly. In this way, those accident victims do not have to get involved with insurance companies or other responsible parties. Often, but not always, punitive damages are available to victims.

The gross negligence of the drunk driver in this story, who also had a toddler in his car, and the negligence of others like him, can cause serious harm, injury or death to other drivers and passengers, as well as, to themselves. Experienced personal injury attorneys investigate the breathalyzer reports and all other aspects of accident cases, such as this one. Blood alcohol level tests, in combination with thorough investigations, can very often provide solid proof of the presence of alcohol or drugs in a driver’s blood stream. In general, this information is indisputable, generating clear cut evidence for these cases. Drunk driving can be proved in court, even without blood alcohol tests, in certain cases. Extra skill is needed to accomplish this task.

Florida injury attorneys at Gerson & Schwartz, PA are highly qualified professionals, who have the experience and expertise necessary, to make the important decisions regarding how to proceed in cases, where a drunk driver has seriously injured or killed innocent victims. Over four decades, our firm has successfully sued drunk drivers and others legally responsible for their misconduct.

Contact Gerson & Schwartz, PA today for a free consultation, if you or anyone you know has been harmed. (305)371-6000 or info@gslawusa.com

Last weekend, 7 people died in two fatal car accidents in the city of Miami, including a 13 year old girl, a 14 year old boy, a 50 year old woman, and a 22 year old man. In one accident, the driver of a minivan lost control of his vehicle while suffering a heart attack at the wheel . His van spun out of control, as a Miami Marlins game was ending, striking down an entire family who was leaving the game and walking back to their home in Little Havana. All individuals involved were pronounced dead on arrival at Jackson Memorial Hospital, with the exception of a 10 year old girl who was in critical condition.

On the same day and nearly at the same time, two victims were killed by a drunk driver after eating at a popular restaurant called Jumbo’s in Liberty City. Wilton Harris, 60, and Al Jo Hamlin, 61, were both church leaders and highly respected individuals in their communities. The senseless of this tragedy has left a community searching for answers about why someone would risk his life and those of others, by getting behind the wheel of a car while intoxicated. A third victim involved in a deadly accident last weekend was a 22 year old unidentified man. He was struck down by a wreck less driver named Kevin Singh. Singh’s car spun out of control, hitting a curb and crashing into a utility pole in Pembroke Gardens. Singh did not suffer any critical injuries, but caused an innocent victim to die due to his gross negligence.

Continue reading "July 4th Weekend Car Crashes Shock the City of Miami: DUI Manslaughter Charges to Follow " »

Last weekend, three family members visiting from Georgia were killed and another was critically injured when the driver of a minivan allegedly lost control and ran them down on a sidewalk in Little Havana. The family was reportedly walking to their vehicle following a baseball game at the new Marlins baseball park when the van suddenly swerved, jumped the curb, drove through metal handrails, and hit them. Following the crash, 53-year-old Esther Terrero de Diaz, 14-year-old Franklin Diaz, and 13-year-old Adriana Diaz were taken to Jackson Memorial Hospital where they were pronounced dead. 10-year-old Magdeline Diaz was also taken to the hospital where she remains in critical condition. A relative of the family killed escaped serious injury, but was later hospitalized after he was reportedly overcome with grief.

Police believe the driver of the minivan, 67-year-old Raul Herberto Ortega, suffered a medical emergency behind the wheel. According to Ortega’s neighbor, the man suffered a fatal heart attack prior to the crash. A passing bicyclist was also allegedly hit by the minivan, but was not seriously injured.

Unfortunately, car accidents are one of the most common causes of personal injury and wrongful death in the State of Florida each year. A car, motorcycle, or truck accident often occurs when you least expect it. When a pedestrian is struck by a motor vehicle, a wide range of complex injuries and lifelong disabilities may result.

Pedestrian accidents like this one are all too common in Florida. Although most pedestrian accidents are caused by a careless, distracted, or intoxicated driver, other causes such as poor weather conditions or a medical emergency are also possible. If you were hurt or lost a close relative in a pedestrian or other accident, you may be eligible to receive damages for your medical expenses, lost wages, lost earning capacity, temporary or permanent disability, suffering, pain, and funeral expenses. Contact a qualified Miami personal injury attorney to help you file your claim.

Continue reading "Four Dead Following Pedestrian Accident Near New Marlins Baseball Park" »

Last week, the driver of a pickup truck carrying four Broward County teenagers lost control and rolled into a canal, killing one teen and injuring another. According to witnesses, a four door Toyota Tacoma driven by 18-year-old Vincent Terracciano was traveling westbound on Krome Avenue when the vehicle suddenly veered off of the dirt road near Okeechobee Road. The teens were reportedly headed to Mack’s Fish Camp to swim and fish on their first day of summer vacation. Instead, the owner of the camp, Keith Jones, pulled the four boys from the partially submerged vehicle.

Following the crash, three of the four teens remained conscious. According to Jones, the boys were trapped inside of the pickup with a small air pocket. Jones reportedly used a piece of farm machinery to roll the truck upright before he pulled all four young men from the vehicle. Jones stated he performed CPR on the unconscious teen, 18-year-old Nathan Northrup of Davie, until rescue crews arrived. Northrup was taken by emergency helicopter to Memorial Regional Hospital where he was later pronounced dead. Emergency responders also took 17-year-old Ricardo Vera to Memorial Hospital Miramar by ambulance for treatment of non-life threatening injuries. The driver and another 18-year-old passenger were not injured in the crash.

According to the Broward County Sheriff’s Office, drug and alcohol use was not a suspected factor in the accident. Although the cause of the crash is currently being investigated by the Sheriff’s Traffic Homicide Unit, investigators reportedly believe excessive speed played a role in the incident.

Unfortunately, automobile collisions are one of the most common causes of personal injury and wrongful death in Florida. A car, motorcycle, or truck accident such as this one often occurs when you least expect it. Car accidents can potentially cause a wide range of complex injuries and lifelong disabilities. Tragically, motor vehicle collisions can also result in the death of your loved one.

If you were hurt or lost a family member in a motor vehicle crash, you may be eligible to receive financial payment for medical bills, lost wages, lost earning capacity, disability, pain, suffering, and funeral expenses. A capable Miami personal injury lawyer can help you file your claim.

Continue reading "One Teen Killed, Another Injured When Pickup Rolls into in Broward County Canal" »

Statistics have shown that texting while driving is a leading cause of car accidents today. In fact, motor vehicle accidents involving negligent drivers who are sending texts while driving down the road are reaching epidemic proportions. In 2010 AT&T launched a campaign “Texting and Driving…IT Can Wait” to raise public awareness about the seriousness of texting and driving for teens and adults, alike. Now, the cellular giant has extended its campaign by going into high schools and conducting a demonstration for students using a driver simulated computerized program; in order to exemplify how quickly, sending a text message can turn into being involved in deadly car crashes.
The fact of the matter is that texting and driving has not yet been outlawed in the state of Florida. Despite that fact that there is various legislation in the works, such as “Heather’s Law” and more recently, “Ali’s Law”, Florida lawmakers have not agreed upon a plan to make our highways and roads safer. The ongoing discussion between Florida lawmakers, concerning the connection between motor vehicle accidents and texting are still being debated.
Car accident attorneys at the Law Firm of Gerson & Schwartz, PA understand the risks involved in this dilemma. According to the National Safety Council, more than 25 percent of car accidents in the U.S. are caused at least in part by cell phone use. The distractibility of a driver who uses a cell phone to text is clear. Fatal car crashes occur daily when individuals take their eyes of the road to read or send a text message. This distractibility is a recipe for disaster.
If you are anyone you know has been involved in an automobile accident and needs the assistance of highly qualified personal injury attorneys, contact the Law Firm of Gerson & Schwartz, PA. With over 40 years of experience, in the Miami Dade area, the professional team at Gerson & Schwartz, can and will seek the damages and compensation you deserve. Contact (305)371-6000 or info@gslawusa.com.
SOURCES: Sun-Sentinel.com; The Miami Herald.com

Polo mogul John Goodman was released from Palm Beach County Jail on Friday pending his appeal of a 16-year prison sentence following his DUI manslaughter conviction earlier this year. At trial, Goodman was accused of driving his Bentley while intoxicated, speeding, failing to stop at a stop sign, and colliding with a vehicle driven by 23-year-old Scott Wilson in 2010. As a result of the crash, Wilson’s Hyundai landed upside down in a nearby drainage canal. Goodman reportedly fled the scene of the car accident and failed to notify authorities about the crash for several hours. Meanwhile, Wilson drowned in his vehicle.

Goodman has been in custody at the jail since he was convicted in March. He was required to post a $7 million cash bond prior to being released. Goodman is also required to be within 100 feet of an off-duty deputy at any given time. Goodman must pay two off-duty officers approximately $1,000 per day while he is out on bond. One guard will apparently remain at his Wellington residence while the other will remain at his place of business, the International Polo Club Palm Beach. Prior to his release, Goodman agreed to a judge’s order that he stay away from the Wellington social scene and refrain from attending any polo matches, parties, or charity events. Further details regarding Goodman’s release from the county jail will reportedly be negotiated at a hearing scheduled to take place next week.

Goodman’s case made headlines last fall when he attempted to legally adopt his adult girlfriend, Heather Hutchins, while fighting a wrongful death lawsuit brought by Wilson’s parents. Although the adoption has not yet been legally recognized, Goodman will reportedly be taken back into custody if Hutchins attempts to access any of the money in his children’s $300 million trust fund.

Despite that Goodman posted a $7 million bond for his release, his attorney stated Goodman is now financially insolvent. He also said Goodman’s siblings actually posted the bond, which will be held by the County Clerk in a non-interest bearing account until it is either forfeited or returned. Goodman is reportedly appealing his DUI manslaughter conviction based on alleged juror misconduct as well as other grounds. If you tragically lost a loved one in an automobile crash with a drunk driver, you should contact a capable Florida wrongful death lawyer to discuss your case.

Continue reading "Convicted Polo Magnate Released from Palm Beach County Jail on $7 Million Bond" »

Miguel Angel Rocafort was taking an early morning bike ride, when a hit and run driver struck his bicycle sending him to Kendall Regional trauma center. Rocafort was treated for multiple fractures and other injuries. He was sent home from the hospital, and was told he would be able to resume normal life and even ride a bike again. However, the night after he was released, a pulmonary embolism caused him to have severe leg pain and he was taken to Baptist Hospital, where he eventually died.

According to the Miami Herald, TransitMiami.com has several reports which indicate that serious injuries to pedestrians and cyclists are very common throughout Miami Dade. Transit Miami writer Craig Chester refers to these incidents as a crisis in the arena of Public Safety which has gone under the radar. The city must do more to protect hostile motorists from endangering the lives of cyclists and pedestrians.

Often times, the drivers of hit and run car or bicycle accidents flee the scene because they know they did something terribly wrong, and are afraid of the consequences. According to the National Highway Traffic Safety Administration, one out of every 5 pedestrian accidents which result in death, is due to a hit and run driver. Especially, in a metropolitan city like Miami where there are an abundance of unlicensed or illegal drivers, hit and runs are on the rise.

Due to the strict penalties associated with drinking and driving, people often flee the scene after causing an accident. These people realize, that if they buy themselves time, and are able to sober up, before they are located, the penalties will be much less. In reality, this is a serious loophole in the system that needs attention and a call to action.

Law enforcement needs to protect citizens from hit and run drivers through sobriety check points, public enforcement campaigns and using video surveillance on the roads. The number of hit and run accidents in the city of Miami is a growing phenomenon. Personal injury attorneys at Gerson & Schwartz have recovered damages in the millions for cases where a bicyclist, motorcyclist, or pedestrian was seriously or fatally injured, due to the negligence of a driver who did not obey the traffic laws, and fled the scene of an accident.

Contact the law offices of Gerson & Schwartz, PA today for a free consultation, (305)371-6000 info@gslawusa.com ,if you have been injured or if your family member has been the victim of a hit and run bicycle or automobile accident involving a fatality or wrongful death.
Sources:

On Thursday, four people were killed in three early morning motor vehicle crashes on Miami-Dade and Broward County highways. A Miami Herald newspaper carrier and her father who was visiting from Nicaragua were killed in Miami-Dade County while on the way to a warehouse to pick up newspapers for delivery. The carrier, Carolina Cuadra, was driving south on the Palmetto Expressway around 1 am when a pick-up truck driven by 45-year-old Jeff Hood reportedly struck her vehicle from behind. Both Cuadra and her father, Isaac Antonio Lopez, were killed in the crash. Hood was treated on the scene by Miami-Dade Fire and Rescue for minor injuries. According to the Florida Highway Patrol, it is not clear whether alcohol was a factor in the deadly crash but charges are now pending against Hood.

Less than an hour later, a crash in Broward County claimed the life of 22-year-old Sara Ramirez Sandoval of Dania Beach. According to authorities, the accident involved two motorcycles that apparently collided on the Interstate 595 ramp to the Florida Turnpike. Both motorcycle drivers reportedly lost control on a curve, hit a retaining wall, left the roadway, and fell about 30 feet. Following the accident, the driver of the second motorcycle was taken to a local hospital in critical condition.

A few hours later, a hit-and-run crash in Broward County left a 20-year-old Sunrise woman dead. Bertha J. Rodriguez-Garcia was killed on Interstate 595 near Nob Hill Road when she was struck by a vehicle driven by 36-year-old Wilbert Saintubert of Fort Lauderdale. Saintubert allegedly lost control of the car he was driving and struck Rodriguez-Garcia’s Honda CR-V after he was hit by a dark-colored sport utility vehicle that reportedly fled the scene. Rodriguez-Garcia died after being ejected from her vehicle. The Florida Highway Patrol is currently on the lookout for the vehicle that caused the deadly accident.

Unexpected automobile, car, and motorcycle accidents can occur at any time. Tragically, motor vehicle collisions are one of the primary causes of injury and death in the State of Florida. Automobile accidents can cause a wide range of complex injuries and lifelong medical conditions. If you were hurt in a motor vehicle crash, you may be eligible to receive financial compensation for your past and future medical expenses, lost wages, lost earning capacity, suffering, and pain. A knowledgeable South Florida personal injury attorney can assist you.

Continue reading "Four Killed in Three Early Morning South Florida Vehicle Collisions" »

Two weeks ago, 13-year-old Caely Camacho was killed by a drunk driver, Sandor Guillen, in Southwest Miami Dade, Florida. Guillen was driving a 2010 Range Rover on a buses only road at 100 miles per hour, when he slammed into the Chrysler Town and Country Minivan that Caely’s father was driving. Caely and her older sister and father were on the way to school that morning.

Caely Camacho was airlifted to Jackson Memorial Hospital where she later died. Her father and sister suffered minor injuries. According to Local CBS.com, even Guillen suffered serious injuries including a punctured lung and several broken ribs. The Miami Dade Police Department charged Guillen with vehicular homicide, DUI manslaughter, leaving the scene of an accident causing serious bodily injury, and driving without a driver’s license. He was captured after he attempted to flee the accident on foot. A Miami judge set his bond at $1,000,000.

Sunday morning, it was reported that Guillen was trying to get the bond lowered. Caely Camacho’s older sister, who survived the crash, posted a video on her Facebook page pleading the community at large to appear at the courthouse and to sign an online petition, in an effort to keep the bond set at 1,000,000 and Guillen in jail. The Camacho family is concerned that Guillen is a flight risk, given that he fled the scene of the accident after it happened. He would possibly flee the US and go to Nicaragua, his native country.

Unfortunately, the Camacho family's efforts were unsuccessful. Tuesday morning, Sandor Guillen's, bond was reduced to $205,000. He was fitted with an electronic monitoring device and let out of the Dade County Jail on Wednesday. He is currently being held under house arrest and cannot drink any alcohol.

According to the NHTSA (National Highway Traffic Safety Administration), in 2008 one third of all traffic accident injuries or deaths involved drunk drivers. Miami is considered one of the most attractive tourist destinations in the entire world. With so many restaurants and nightclubs, it is a city where drinking and driving is extremely common.

Questions still remain about where Guillen was drinking, and if there are any other parties responsible for this tragedy. Under Florida’s Dangerous Instrumentality Doctrine, the owner of a vehicle is responsible for all harm or damages caused in an accident regardless of whether the owner is operating the vehicle at the time.

Drunk drivers are not only subject to criminal prosecution but also civil liability. Florida Statutes 768.72 allows a party to seek punitive damages when conduct is so reckless that it endangers the life and safety of others. This theory is often applied to drunk driving accident cases.

Victims of drunk driving accidents that have experienced catastrophic injuries or lost a loved one often face financial difficulties and require assistance to carry out daily tasks.
Gerson and Schwartz, PA have assisted numerous accident victims and their families including wrongful death claims, as a result of drunk driving accidents.

For a free consultation, or, if you or somebody you love has been injured or killed in a drunk driving accident visit www.injuryattorneyfla.com or call (305)371-6000

Another life has been taken by a hit and run driver in South Florida. Unfortunately, this time it was an innocent 5-year-old child who was riding her tricycle outside her home at a trailer park in Fort Lauderdale. The wrongful death of this child and many others in South Florida who have been killed or injured by hit and run drivers, continue to permeate the news. The Sun-Sentinel has reported that “two suspects have been detained without bond “ for this fatal accident.

Hit and Run accidents are a felony under Florida Law, and there are severe penalties, depending on the level of the perpetrator’s culpability. In this particular case where a small child was killed outside her trailer park home criminal charges could range from 5 to up to 30 years imprisonment. Identifying and uncovering all sources of financial responsibility is going to be important to this family. That is why contacting an experienced personal injury lawyer is always a good idea.

The van’s driver during this incident, Erik Garcia, 19, was driving without a license and was charged accordingly. Furthermore, Garcia was charged with “failure to remain at an accident involving death, failure to use due care” and an immigration investigation is pending as well, based on his Mexican citizenship. Sun-Sentinal.com. The second alleged perpetrator, Mario Alonso Argumedo, 19, “was charged with tampering with evidence, driving with a suspended license and permitting an unauthorized person to drive his white 1997 GMC van.” His bond was revoked due to a pending drug offense.

Under Florida Statute Sec. 316.027 “the driver of any vehicle involved in a crash occurring on public or private property that results in injury of any person must immediately stop the vehicle at the scene of the crash…”

“Hit and run accidents are inexcusable” Accident attorneys like Nicholas Gerson of Gerson and Schwartz, PA pursues remedies for victims of hit and runs. “Restitution and helping obtain a full cup of justice is always our main focus and goal for all our clients”, said Gerson.

Sources:
Two Men Charged in Hit and Run that Killed Five Year Old (Sun-Sentinel , March 19, 2012)

Continue reading "Hit & Run Accidents in Miami Dade: Why are they so common? " »

Last Friday, a Palm Beach County jury convicted 48-year-old John Goodman of motor vehicular homicide and DUI-manslaughter in connection with a February 11, 2010 car accident that killed 23-year-old Scott Wilson. The jury, which consisted of five men and two women, deliberated for approximately five and one-half hours and during that time requested to listen to 911 calls made after the accident. Goodman was immediately taken into custody and transferred to Palm Beach County Jail following the jury’s verdict. He now faces a maximum of 30 years in prison. Goodman is scheduled to be sentenced on April 30th.

The case made headlines across the world after polo magnate Goodman, who is an heir to a $1.4 billion Texas air conditioning fortune, adopted his 42-year-old girlfriend last fall. At trial, Goodman was accused of speeding while intoxicated in his normally chauffeured Bentley, running a stop sign, and crashing into Wilson’s vehicle. He was also accused of leaving the scene of the collision and waiting more than an hour before he notified authorities about the accident. Instead, Goodman purportedly walked away and called his girlfriend. Meanwhile, Wilson drowned in his Hyundai which landed on its roof in a nearby canal.

Goodman’s defense claimed the man sustained a concussion in the accident and did not realize Wilson’s car was upside down in the canal. Goodman testified that although he tried to stop at the stop sign, his Bentley malfunctioned and sped forward out of control. The defense team also provided testimony from an expert who stated the throttle on Goodman’s vehicle was stuck open before the accident. A juror stated after the trial that the expert’s testimony did not appear to be credible.

Following the crash, Goodman’s blood alcohol level was .177, more than double Florida’s legal limit of .08. Goodman testified that he was not driving while drunk. He claimed he drank the alcohol found in his system following the crash at a barn owned by a fellow polo player. Goodman stated he drank the alcohol merely to ease the pain of a broken bone. Prosecutors offered eyewitness evidence Goodman consumed at least four alcoholic drinks prior to the crash. The jury reportedly did not believe Goodman's account of the evening. Goodman is also facing a $100 million wrongful death civil suit filed by Wilson’s parents.

Continue reading "South Florida Polo Magnate Convicted of Vehicular Homicide and DUI-Manslaughter" »

Yet another tragedy to add to the 10 fatalities that occurred this past weekend in car and motor vehicle accidents. Five year old Yanelle Lucero was riding her tricycle when she was struck by a van operated by a19 year Erick Garcia. Garcia, allegedly then fled the scene in his friends van. According to the news reports, the van was owned by 19 year Mario Argumedo and operated by 19 year old Erick Garcia. The young girl Lucero, was pronounced dead on arrival. According to Miami injury lawyer Nicholas I. Gerson both the owner and operator of the van are legally responsible under Florida's Dangerous Instrumentality law. These laws state the owner of a motor vehicle is liable for the harm caused so long as the motor vehicle is operated with the vehicle owner's consent.

Continue reading "Another Tragedy on Florida Roads: 5 Year old Girl Dies in After Hit and Run by Van" »

MIAMI, FL—An 18-year-old Miami girl was killed when the motorcycle she was riding on the back of collided with a car on the Florida Turnpike on the night of September 14. According to information provided by NBC Miami, the fatal motorcycle wreck, which also caused left the 21-year-old Miami man who was driving the bike to suffer critical injuries, occurred in Broward County at approximately 11:30 p.m.

Troopers from the Florida Highway Patrol (FHP) told reporters that Renzo P. D. Arrigo was behind the wheel of a Ford Taurus, traveling along the northbound lanes of Florida’s Turnpike in Broward, when his vehicle crashed violently into the back of a 2006 Yamaha, which was being operated by Yasciel Sanchez Sainz at the time.

Both Sainz and his female passenger, Idairis De La Cruz were ejected from the motorcycle on impact. While De La Cruz succumbed to her traumatic motorcycle accident injuries at the scene of the Florida Turnpike crash, Sainz was rushed to Hollywood-based Memorial Regional Hospital. The Miami motorcyclist was listed in critical condition upon transport. Arrigo, who sustained non-life threatening injuries in the South Florida collision, was also taken to the hospital for treatment.

While the cause of the car-motorcycle accident remained unclear, the Florida Highway Patrol was expected to conduct a full investigation. No charges appear to have been filed in connection with the Florida Turnpike crash as of yet.

According to statistics provided via the Fatality Analysis Reporting System (FARS), which was created by the National Highway Traffic Safety Administration (NHTSA), a total of 4,595 motorcycles were involved in fatal traffic accidents throughout the nation during the year 2009. Of those motorcycles, 431 were involved in fatal Florida crashes.

Continue reading "Miami Motorcycle Accident Lawyer News: Miami Teen Dead, Motorcyclist Critically Injured in Florida Turnpike Crash " »

MIAMI, FL—An arrest warrant has been issued for the Miami driver who was inebriated when he became involved in a violent 5-fatality crash that occurred on Interstate 95 in March 2011. According to information provided by the Miami Herald, 24-year-old Carlos Augusto Lacayo, the South Florida drunk driver charged with five counts of DUI manslaughter and vehicular homicide in connection with the fatal I-95 accident, could potentially serve up to 75 years in prison if he is convicted.

Lacayo was behind the wheel of a 2010 Honda Accord (which Miami-Dade court documents indicate belonged to his mother), traveling in the highway’s express lane, when his vehicle abruptly swerved onto the shoulder. Upon doing so, the Honda crashed through a concrete barrier and subsequently slammed into several Miami drivers and passengers who were situated on the shoulder. Those individuals were apparently awaiting the arrival of Miami-Dade Police officers following a previous minor accident with an immobilized vehicle at the time.

Reports indicated five of those Miami car accident victims lost their lives in the violent Florida I-95 accident. Authorities said four of the crash victims, whom were identified as 23-year-old Emerson Michael Kastenholz, 22-year-old Antuan Fernandez Perez, 57-year-old Evidia Rodriguez and 48-year-old Mirtha Queipo, were pronounced dead at the scene of the fatal highway crash. The last victim, 38-year-old Ana Belkis Gomez, was initially rushed to Jackson Memorial Hospital, though her injuries ultimately proved fatal five days later.

Lacayo was given a toxicology test four hours after the Miami wreck occurred, as he was receiving medical treatment for unspecified injuries. Toxicology results indicated Lacayo had a blood alcohol content level (BAC) of .127. Furthermore, the Miami driver reportedly told one of the Florida Highway Patrol (FHP) troopers who responded to the scene that he had consumed alcoholic beverages at a nightclub before the horrific I-95 car crash occurred.

Reports noted that accident victim Emerson Michael Kastenholz’s family filed a lawsuit, likely claiming wrongful death, in connection with the deadly South Florida collision. The pending litigation names both Carlos Augusto Lacayo and his mother, Claudia as defendants. The owner of the immobilized car involved in the first minor crash was also named as a defendant.

Continue reading "Miami Car Accident Lawyer News: Miami Driver Faces DUI Manslaughter, Vehicular Homicide Charges in 5-Fatality I-95 Crash " »

MIAMI, FL—Authorities have found a person of interest in the ongoing investigation into the unfortunate April 30, 2011 hit-and-run accident that claimed the life of a 14-year-old Miami Gardens boy. According to information provided by the Orlando Sentinel, the Florida Highway Patrol (FHP) identified their person of interest as 40-year-old Odingo K. Walden, who was caught on camera driving a pickup truck strikingly similar to the one involved in the fatal Miami-Dade County car crash.

Reports indicated Andre McCarthy was trying to cross Northwest 27th Avenue when an unspecified red pickup truck slammed into him in the northbound lanes, near Northwest 194th Street. It was not clear if the teenage crash victim succumbed to his severe injuries at the scene, or if emergency medical services (EMS) rushed him to a hospital beforehand.

The hit-and-run driver, on the other hand, subsequently fled the scene. FHP troopers relayed witness reports, which described a red pickup striking the teen upon turning out of a parking lot. Surveillance photos show Walden behind the wheel of a red Dodge Ram pickup truck moments before the deadly collision occurred.

The search for the alleged hit-and-run driver, along with the vehicle involved in the fatal Florida crash, continues.

According to National Highway Traffic Safety Administration (NHTSA) statistics suggest 259 accident victims were killed in Miami-Dade car crashes during the year 2009. Overall, statewide accidents resulted in a total of 2,558 traffic fatalities.

The Miami personal injury and auto accident lawyers at Gerson and Schwartz, PA have four decades of experience litigating the multifaceted personal injury and wrongful death claimsof crash victims who are hurt in traffic accidents caused by the negligence of another party, the knowledgeable.

The Florida Auto Accident Lawyers at Gerson and Schwartz PA. are dedicated to protecting the rights of these individuals and fighting to provide them with the compensation they deserve. Working closely with the National Center for Victims of Crime, the Miami injury attorneys of Gerson & Schwartz, P.A. strive to provide justice to individuals who suffer serious injuries in a wide variety of motor vehicle accidents, as well as boating and cruise ship accidents.