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.
The driver of the van, Erik Garcia was also reported to have fled the scene of the accident and will likely be subject to a slew of criminal charges for this accident. Additionally, because this accident involves an innocent pedestrian there may be other financial resources available to the family, said Attorney Nicholas I. Gerson. The law offices of Gerson and Schwartz, PA have been assisting car accident, wrongful death, and other seriously injured due to the negliegnce and reckless conduct throughout Miami-Dade, Broward, and Palm Beach for over 40 years. For more information about the firm contact the firms website by clicking this link. Or you may email or call 305-371-6000.