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2019 Top 3 Personal Injury Lawyer in Miami

Cruise Ship Passengers Killed During Excursion

On May 13, 2019 two sightseeing planes carrying Princess Cruise passengers collided in midair in Alaska. The floatplanes were carrying passengers near Ketchikan, in southeast Alaska. According to Princess Cruises, one of the planes was carrying 10 guests for a shore excursion sold by the cruise line.The other plane was an independent flight tour and was carrying four people from the Royal Princess vessel as well.

The fact that the excursion was sold by Princess to cruise ship passengers in this case is an important legal detail. Princess may be held liable under various legal theories including joint venture, negligent selection or negligent retention of the excursion operator that selected the airplanes for the company being used to transport the passengers. Alternatively, Princess  may be vicariously liable if the plane was negligently maintained resulting in the crash.  The plane manufacturer, maintenance company will likely have legal liability for this case. However, given the catastrophic damages, all sources of legal and financial responsibility will need to be explored. This This is an egregious example of what can go wrong during cruise ship excursions. If you suffered injuries or a loved one passed away from a serious accident or injury resulting in a wrongful death  during a cruise ship activity or excursion, we recommend you call our cruise ship accident lawyers in Florida at Gerson & Schwartz P.A. at (877) 475-2905. You also can reach out to us through our online form or email info@gslawusa.com to schedule your free consultation.

On April 25th, around 9:30 p.m., a Tesla driven by George McGee, 42, entered the intersection of County Road 905 and Card Sound Road near Key Largo, Florida without stopping at the stop sign. The Tesla struck Miami woman Benavides Leon Naibel, 22. The impact threw her approximately 20 ft into nearby woods and she was killed.Another pedestrian, Angulo Dillion, 27, was struck and injured. He was taken to Jackson Memorial Hospital South in serious condition. Naibel and Dillion had been standing next to a parked Chevy Tahoe truck on the east shoulder of 905. McGee faces criminal charges. Currently, there is no information regarding whether the Tesla was in Autopilot or whether McGee was in full control of the vehicle. There also is no information on whether drugs or alcohol were involved.

After many accidents like this, it takes time to determine what happened and why. While car accident victims and their families may wait to see if prosecutors pursue criminal charges, they can and should reach out to a Miami car accident lawyer at Gerson & Schwartz P.A. for help.

Our experienced and skilled car accident attorneys are here to help crash victims pursue personal injury compensation. We also represent surviving family members in pursuing compensation through Florida wrongful death claims. To talk with us about how we can help, call us at (877) 475-2905 to schedule a free consultation.

Breanha Free-Baker, 17, her mother Michelle Free-Baker, 40, and her grandmother Robyn Underwood, 61, were driving to dinner on a Saturday night when they were struck by another vehicle head on. A vehicle speeding down Hillsboro Boulevard crossed over the median and into the Free-Baker’s vehicle and several other cars. Breanha and her grandmother died in the crash. Breanha was a senior at Coral Glades High School. Michelle Free-Baker and a driver of another vehicle, Melanie Perozin, were injured and hospitalized at Broward Health North after the crash. If you were recently hurt or lost a loved one in a crash, contact a car accident lawyer for Miami at Gerson & Schwartz P.A. You can reach out to us through our online form or you can call (877) 475-2905 to schedule a free initial consultation.

Who Caused the Crash?

According to local reports, the at-fault driver was Andrea Schneider, 21. Schneider has a history of driving offenses and criminal convictions. Schneider had been convicted of driving without a license and driving on a suspended license several times in the past. At the time of the crash, she was on probation for trespassing in an occupied structure. It is unclear whether she had a valid license.The crash remains under investigation. Police currently do not know whether drugs or alcohol were involved, though this has not been ruled out.

Around 7:40 p.m. on October 31, Halloween night, police received a report of a crash near Griffin Road and Davie Road. Carlos Alvarado Amaya, 45, was crossing the street with his two young children when he and one child were struck by a vehicle. His five-year-old daughter was struck by the vehicle and died at the scene. The other child, roughly 2 years old, was taken to a nearby hospital. She suffered a laceration to her head and was reunited with her mother. The father and two children were returning home from trick-or-treating. The driver, a 30-year-old woman, in a silver Cadillac remained on the scene. Police do not yet know if drugs, alcohol, or speed were factors in the accident, though initial appearances indicate they were not. Police do know that Amaya and his children were in a designated crosswalk, but the streetlights were not on and it was a busy street. If you were injured or a loved one was killed in a vehicle-pedestrian crash, do not hesitate to contact our pedestrian accident lawyers from Gerson & Schwartz P.A. We are here to help you determine who is liable for the crash, and when appropriate, pursue compensation for your injuries or loss. Call us at (877) 475-2905 to schedule a free consultation.

Pedestrian Fatalities in Florida and the U.S. Are High

Unfortunately, situations like what happened this Halloween in Broward County are not uncommon. According to the Governors Highway Safety Association, pedestrian fatalities in 2017 hit a 25-year high. Nearly 6,000 individuals were killed. There also had been increases in fatalities for the two years before. Between 2007 and 2016, pedestrian fatalities increased 27 percent. Between 2016 and 2017, 23 states and Washington, D.C. experienced rises in their pedestrian deaths. Twenty other states remained steady or had fewer pedestrian fatalities compared to the year before. Florida is particularly known for its pedestrian dangers. Along with California, Texas, New York, and Arizona, these five states accounted for 43 percent of pedestrian deaths during the first half of 2017. Additionally, Florida has nine of the top 15 most dangerous areas for pedestrians in the U.S., according to a Smart Growth America study. The study, which was released in early 2017, found the 15 most dangerous metro areas for pedestrians were:

Two separate cruise ship collisions in February 2019 raise questions regarding passengers’ safety. First, a cruise ship collides with a port in San Juan, Puerto Rico and next, a cruise ship captain loses control and collides with another vessel at port. Both ships report that no passengers were injured. However, collisions between such large vessels have the potential to be devastating. If you are injured in a cruise ship collision with another vessel or object, do not hesitate to contact our Miami cruise ship accident lawyers at Gerson & Schwartz P.A. You can reach us through our online form or call (877) 475-2905 to schedule a free consultation.

Norwegian Epic Collides With San Juan Port

On February 9, the Norwegian Epic left Port Canaveral, Florida for the British Virgin Islands. The ship then allegedly lost power in one or two engines, which reduced the vessel’s speed. This required the ship to diver to San Juan, Puerto Rico. When it finally arrived in San Juan, the ship struck the pier, collapsing a portion of the dock. Thanks to social media, many were aware of the Epic’s power failure and collision right away. There are several videos of the vessel colliding with and collapsing the dock.

On November 29, a construction worker in Hillsboro Beach experienced a traumatic workplace accident and injury. The 44-year-old worker was injured at 1007 Hillsboro Mile around 10 a.m. He was working with an industrial auger, which is a tool used to bore holes into the ground. His right arm became trapped in the drill bit, and due to the force of the drill, the auger caused a complete amputation of his right arm below the shoulder, according to Broward Battalion Chief Michael Kane. The injured construction worker, whose name has not been released, was initially taken to Broward Health North. He was in stable condition. Due to the severity of the injury, he was quickly transferred to Broward Health in Fort Lauderdale. It is currently unknown whether physicians were able to reattach the worker’s arm.

If you or a loved one suffered an amputation at work, we recommend you speak with a Miami construction accident lawyer at Gerson & Schwartz P.A. If you or a loved one are covered by workers’ compensation insurance, then this may be your only avenue to medical coverage and wage benefits. However, if you are not covered with workers’ comp like you should be, or if a third-party from outside of your work is responsible for the incident, then you may have a third-party liability claim. We can help you pursue compensation outside of a workers’ comp claim. Contact us online or call (877) 475-2905.

The Risk of Workplace Amputation

The economy has changed in many ways recently. One of those changes is that everything has become on-demand. Anyone can hail a ride through an app. Anyone can rent a room or an entire house in minutes online. Boat owners and operators in Florida noticed the trend and started to rent out their boats by the hour and day. However, while many legitimate boat and yacht operators offer their vessels for rent, Florida authorities have seen a rise in illegitimate vessels renting out their services. These vessels are often operator by individuals without captain licenses. They lack the qualifications, safety gear, and crew training to carry passengers, and because of this, avoidable accidents occur. If you and your friends or relatives were injured on a charter boat ride, and you discovered it was an illegal charter, contact a Miami boating accident lawyer at Gerson & Schwartz P.A. right away. You can reach us through our online form or call (877) 475-2905 to schedule a free consultation.

April 2018 Death of Cesar Meneses Linked to Illegal Charter

Last May, we wrote about the death of Cesar Meneses, who was struck by a propeller of a 91-foot combination yacht and speed boat called the Miami Vice. At the time, Florida Fish and Wildlife Conservation Commission (FWC) was investigating the accident. The FWC discovered the Miami Vice, which Meneses and his friends had rented for his birthday, was an illegal charter boat. The boat owner had knowingly hired an unlicensed operator with a history of drug abuse. The vessel captain, Mauricio Alvarez, was not only unlicensed and lacked the training required by the U.S. Coast Guard for a vessel to carry passengers, he was entirely untrained. The Miami Vice owner hired Alvarez after watching him operate a vessel one time, according to an investigation by the Miami New Times.

On December 5, Carmelo Gonzalez, 44, was driving north on the Florida Turnpike near Quail Roost Drive. Another driver cut Gonzalez off and he lost control of his Toyota vehicle. Gonzalez’s vehicle left the road and he slammed into a tree. The car struck the tree on the driver’s side, trapping Gonzalez in the car. First responders from Miami-Dade Fire Rescue were surprised to find Gonzalez alive. They worked for over an hour to free him from the vehicle, so he could receive medical attention. He is suffering from two broken legs and a broken arm. He is expected to stay in the hospital for several weeks and has a long recovery ahead of him.

There were no reports on whether the vehicle that led to the single-vehicle crash was identified or whether that driver was ticketed. In accidents like these, another driver may not be found at fault. However, if the other driver can be identified, it may be possible for the crash victim to pursue personal injury compensation through an insurance claim or personal injury lawsuit.

If you were injured in a crash that was caused because of another person’s careless or reckless driving, contact a car accident lawyer from Gerson & Schwartz P.A. at (877) 475-2905. We are here to investigate your situation and advise you of your right to pursue compensation. If you have a valid claim, we will represent you in seeking a full and fair car accident settlement.

Natalie Farber, 75, was seriously injured in a hit-and-run crash. Farber is a retired Miami-Dade County Public Schools teacher and tennis coach. She suffered several broken bones due to the crash, including a fractured skull, according to her husband Frank Farber, and recently underwent her third surgery. The crash occurred around 2 p.m. when Farber was walking near Bedlington Road and Fairway Drive in Miami Lakes, FL. The vehicle struck Farber as she was walking. The driver did not remain at the scene of the collision. When Farber was discovered, she was taken to Jackson Memorial Hospital’s Ryder Trauma Center. The driver responsible for the accident is still being sought by police. Due to the hit and run, the matter is a criminal investigation. If the driver is discovered, Farber has a strong personal injury claim against them and could pursue compensation for her medical expenses, pain and suffering, emotional distress, and more. If you or a loved one were recently injured in a hit-and-run crash, you should speak with a Miami hit and run attorney about your rights. One of our highly experienced lawyers at Gerson & Schwartz P.A. can help you navigate the aftermath of the accident. We will review whether you have an insurance policy that will cover your injuries. If so, we can represent you during the insurance claim process and fight for you to receive appropriate compensation. You can reach us through our online form or by calling (305) 371-6000.

Miami-Dade County Hit-and-Run Crash Statistics

In early 2018, the Florida Highway Patrol released Florida’s 2017 hit and run statistics. That year, the FHP stated there were 98,000 hit-and-run crashes, which accounted for about 24 percent of all crashes. Additionally, a study published by the AAA Foundation for Traffic Safety found that Florida was in the top three states for hit-and-run crashes, based on per capita rates. Between 2006 and 2016, New Mexico, Louisiana, and Florida had the highest rates of fatal hit and runs. In 2006, hit and run fatalities in Florida were 195. By 2016, hit and run fatalities in the state had increased to 206. The lowest rates were in 2010 and 2011, when Florida had only 135 hit and run fatalities both years.

Miami-Dade Police Officer John Young Song caused a deadly car accident on March 6 at Southwest 260th Street and 147th Avenue at approximately 1:30 a.m. Officer Song was placed under arrest for the crash this November and has been charged with vehicular homicide. Reports indicate the officer was speeding, did not have his vehicle’s headlights or siren on, and failed to stop at a stop sign. Miami-Dade Police Spokesperson Lee Cowart said the officer was not responding to a call and was on a routine patrol at the time. Officer Song drove through the stop sign and collided with a white Nissan carrying Emilio Jesus Vizcaino, 45. Due to the various factors involving with the crash, the officer is accused of driving the police vehicle in manner that displayed a willful and wanton disregard for other people and property’s safety. On other words, the officer is accused of driving recklessly. Song will be arraigned for the criminal charges on December 13. However, he may face more than a criminal case. The Vizcaino family have the right to pursue compensation through a wrongful death claim.

If your loved one was recently killed in a car crash that you believe was caused by someone else, we recommend you call our Miami wrongful death lawyers at Gerson & Schwartz P.A. at (877) 475-2905. We will thoroughly review your circumstances and advise you of your right to file a wrongful death lawsuit. If you have a valid claim, we will work hard to obtain a fair settlement for you and your family.

A Wrongful Death Claim Is Separate From Criminal Charges