Personal Injury

August 20, 2018

Motorcycle Rider Struck by Vehicle, in Critical Condition

On August 10, Russell James Wellington, 59, was struck by a vehicle when riding his motorcycle on U.S. 1. Wellington, a Key Largo resident, was flown to Ryder Trauma Center and in critical condition. He was struck by a Nissan Sentra driven by Ji Young Chung, 42, from Duluth, Georgia. Chung was driving north in the right lane, and Wellington was riding in the inside lane. He did not have on a helmet. Chung attempted to make a left turn onto East Drive. The front left of his vehicle struck the right side of Wellington and his bike. Chung claims he did not see Wellington, and he was cited for making an improper turn. The car that struck Wellington was cited for an improper turn, which is a common factor in motorcycle accidents. Vehicle drivers all too often do not see motorcycle riders, they are too focused on looking for other cars, trucks, and vans. They miss smaller riders who may be less visible in the early morning or at night.If you or a loved one were struck in a motorcycle accident, you should contact an experienced Miami motorcycle accident lawyer at Gerson & Schwartz P.A. at (877) 475-2905. If there is evidence that the other person was at fault, then you may have the right to pursue compensation. An attorney can represent you in seeking compensation through an insurance claim or personal injury lawsuit.

Common Causes of Motorcycle Accidents

Motorcycle accidents are often caused by:

August 13, 2018

School Bus Crashes in Broward County, Injuring 18

by Gerson & Schwartz, P.A.

On Friday, August 3, a “World of Kids Transport” bus crashed on Interstate 595, in Davie, FL. The bus was transporting members of the West Pines Community Church group, who were heading to visit foster children and put on a free car wash. It was to be a day for the teenagers to volunteer in the community. The accident occurred in the eastbound lane, west of University Drive. A bus passenger, Nicole Salomon, said she saw two cars try to cut in front of the bus. Two cars skidded, turning all the way around before colliding with the bus. Ultimately, the crash involved the bus and three other cars. Four adults and 14 minors were transported to Plantation General Hospital and Broward Health medical Center due to minor injuries. The Florida Highway Patrol is investigating the crash, including speaking with witnesses and gathering surveillance footage from nearby businesses. If your child was injured in a bus accident in Broward or Miami-Dade County, do not hesitate to speak with an attorney about your options. Our car-bus collision lawyers at Gerson & Schwartz P.A. are here to review your situation and advise you on your right to pursue compensation. Contact us at (877) 475-2905.

Bus Crash Statistics

The Federal Motor Carrier Safety Administration (FMCSA) gathers statistics on bus accidents along with large truck accidents. Based on the most recent 2016 data, 4,440 large trucks and buses were involved in fatal crashes. The number of buses, specifically, involved in fatal crashes was 227 in 2016, a decrease of 14 percent from 2015. Between 2002 and 2016, on average, inter-city buses accounted for 13 percent of fatal accidents. School buses accounted for 40 percent, and transit buses made up 34 percent of fatal crashes. Thankfully, not all bus accidents are fatal. In 2016, there were an estimated 15,000 injury-causing crashes involving business. These accidents led to approximately 35,000 people suffering injuries.

July 27, 2018

Apartment Building Set for Demolition in Miami Collapses, Injures Worker

by Gerson & Schwartz, P.A.

When a building of any size is scheduled to be torn down, workers go about the process in a specific way. There are a number of health and safety risks associated with demolishing a building, particularly a multi-story apartment building. By adhering to a specific demolition process, the demolition company mitigates the amount of risk workers and pedestrians are exposed to. However, something went wrong in the process of tearing down the former Marlborough House, a condo building in Miami Beach. On Monday, July 23, the building near 57^th Street and Collins Avenue collapsed within seconds. Debris was scattered for blocks, shutting down the road in front of the building, and striking Samuel Landis, 46, a project manager for the demolition company. Landis was taken to Jackson Memorial Hospital and was in critical condition.

It is unknown exactly what went wrong. Winmar Construction, Inc. stated the collapse was a construction accident that took place during a planned and permitted demolition, which was being conducted by subcontractor AlliedBean Demolition. The incident will be investigated by the Occupational Health and Safety Administration (OSHA) and the Miami Beach Police Department.This is an unfortunate reminder of the dangers of demolition and construction. Any amount of carelessness can lead to significant accidents, injuries, and fatalities. If you or a loved one are injured in a construction accident in South Florida, contact our personal injury law offices to discuss your case with a construction accident lawyer at Gerson & Schwartz P.A. at (877) 475-2905.

Construction Accidents in the U.S.

July 23, 2018

Miami Uber Driver, Louis Cancio, 68, Killed in Crash

by Gerson & Schwartz, P.A.

On July 18, Louis Cancio, 68, accepted his last ride request of the day. He picked up a woman and multiple children. He was to drop them at their destination and then continue on to his chemo treatment. However, during the Uber trip, Cancio’s Ford SUV was struck by a Dodge Ram. The crash occurred at Northwest 14^th Avenue and Northwest 5^th Street in Miami around 1:45 p.m. The Ram was reported as stolen and driven by Danny Tejera, who has been charged with grand theft auto. Melissa Castro was a passenger in the stolen Ram and has been charged with trespassing. Cancio was pronounced dead at the hospital. His four passengers were also taken to the hospital for their injuries to be treated.

Cancio’s family faces a difficult decision. While Tejera may be charged and convicted of one or more crimes related to the accident, that may not benefit the surviving family. Cancio’s family or estate may have the right to pursue compensation from Tejera in a civil lawsuit. If you lost a loved one in a car accident caused by another driver, do not hesitate to obtain legal advice. Our Miami car accident lawyers at Gerson & Schwartz P.A. are here to listen to your story, investigate the crash, and advise you of your legal options. Contact our Miami-Dade County office at (305) 371-6000.

Florida’s Wrongful Death Law

July 10, 2018

Miami Reporter & Photographer Escape Injury After Bicycle-Vehicle Accident

by Gerson & Schwartz, P.A.

Miami Reporter & Photographer Escape Injury After Bicycle-Vehicle Accident

News anchor Johnny Archer and photojournalist Shane Walker were cycling on Key Biscayne when they were struck by a vehicle. The pair were near 180 Crandon Blvd around 10:30 a.m., on the island off of downtown Miami, when the accident occurred. The driver stayed at the scene of the accident and the Key Biscayne Fire Rescue responded. The frightening incident turned out well for the cyclists. Both Archer and Walker were treated at the scene and chose not to go to the hospital.

Unfortunately, not as many cyclists and pedestrians are as lucky. Many pedestrian and cyclists are injured or killed in Florida when struck by vehicles. If you were injured in a bicycle-vehicle accident, or you lost a loved one when they were hit by a car, do not hesitate to contact a Miami bicycle accident lawyer at Gerson & Schwartz P.A. (877) 475-2905.

July 6, 2018

Daytona Beach Roller Coaster Derails Causing Injuries

by Gerson & Schwartz, P.A.

On June 14^th, the Sand Blaster roller coaster at the Daytona Beach Boardwalk derailed causing two riders to fall 34 feet to the ground. They were taken to Halifax Health Medical Center. Their names and conditions were not published. The derailment left two other riders hanging from a car of the roller coaster. In total, 10 riders were rescued by firefighters specializing in high-rise rescues. While roller coasters can be thrilling and feel a bit dangerous, riders expect them to be safe. When individuals and families take a vacation to a boardwalk or amusement park, they trust that the rides have been thoroughly inspected and well-maintained. However, each year a roller coaster accident occurs, demonstrating how easy it is for things to go wrong. One person’s misstep or failure to catch a problem can lead to a derailment like the one experienced at Daytona Beach. If you or a loved one were injured in a roller coaster or amusement park accident, do not hesitate to contact an attorney. Our personal injury lawyers at Gerson & Schwartz P.A. are highly experienced in product liability and premise liability cases. We will thoroughly investigate what happened, determine who is liable, and fight for you to receive appropriate compensation. Call us at (877) 475-2905.

The Sand Blaster Failed Previous Inspections

The derailment is currently under investigation. A spokesperson for the Department of Agriculture and Consumer Services, Jennifer Meale, stated that the ride had passed inspection that morning. However, an inspection after the accident failed the ride for a deficiency marked “structural integrity: other.”

June 18, 2018

Miami Resident Hilda Garcia Killed in Hit and Run

by Gerson & Schwartz, P.A.

Hilda Garcia was crossing Northwest 37^th Avenue and Northwest 9^th Street around 10:15 p.m. on Sunday, June 10, when she was struck by a vehicle. She was walking home from the grocery store and using a walker at the time of the crash. Garcia was 77 years old, and just shy of her 78^th birthday. When emergency responders arrived, she was pronounced dead at the scene of the accident. The police have confirmed the vehicle must have been moving at a high rate of speed, Garcia was dragged a significant distance, and at least one of Garcia’s limbs was severed. The driver of the vehicle did not stop and wait for authorities. City of Miami Police are investigating the crash and searching for the hit-and-run driver. The family is asking the driver to come forward.

When the driver is identified, they will face criminal charges. The surviving family members, including Garcia’s son, may choose to file a civil wrongful death claim. This claim is separate and distinct from any criminal charges the hit-and-run driver may face. If you lost a loved one in a hit-and-run crash, contact a Miami car accident lawyer at Gerson & Schwartz P.A. right away.

Hit-and-Run Crashes Becoming More Common

May 22, 2018

Florida Resident Jarrod M. Branscum, Killed on Seven Mile Bridge

by Gerson & Schwartz, P.A.

Jarrod M. Branscum, 22, was killed on Seven Mile Bridge after being struck head on in his vehicle. Branscum was driving north in a 2015 Mitsubishi Lancer around 1:45 a.m. Emily Andrefsky, 33, was driving south in her 2009 Hyundai Santa Fe when she crossed into on-coming traffic. The head-on crash caused Branscum to die at the scene. Andrefsky was flown to Ryder Trauma Center in Miami. The accident is under investigation by the Florida Highway Patrol and charges are pending against Andrefsky.

Unfortunately, head-on collisions such as this are all too common, and they often cause serious injuries and fatalities. If you lost a loved one in a front collision, contact a Miami car accident lawyer at Gerson & Schwartz P.A. at (877) 475-2905.

Head-On Crashes

May 16, 2018

South Miami Car Crash Leads to Multiple Injuries and 1 Fatality

by Gerson & Schwartz, P.A.

In early May, a two-vehicle accident in South Miami caused four individuals injuries and one person’s tragic death. The collision took place on U.S. 1 near 62^nd and 57^th avenues. The initial reports following the crash stated two pedestrians had been struck, one person had been seriously injured, and four others had been taken to nearby hospitals with unknown injuries. Later reports stated one person was killed in the crash, which took place at an intersection locals know to be dangerous.

The cause of the crash is under investigation by the Miami-Dade Police Department. Their findings will influence potential criminal and civil proceedings. One or both vehicle drivers may be found to have violated traffic laws, which could lead to tickets or traffic offense charges. Also, the at-fault driver may face civil personal injury or wrongful death claims for compensation from the injured parties and their families.If you were injured or lost a loved one in a car accident, you should speak with a Miami car accident lawyer at Gerson & Schwartz P.A. as soon as possible. Call us at 305-371-6000 or toll free at (877) 475-2905 to schedule a free consultation.

Liability for Car Accidents

May 15, 2018

25 Year Old Struck and Killed by Yacht Propellers in Miami

by Gerson & Schwartz, P.A.

On Sunday April 1, a boater near Miami went missing from the Miami Vice, a 91-foot combination yacht and speed boat that can be rented by the hour or day. At the time, there were seven guests aboard the yacht, which was operated by two crew members. Florida Fish and Wildlife Conservation Commission (FWC) received a call regarding the missing boat passenger that afternoon. By Monday, officials confirmed that the passenger had been killed. Preliminary information determined the passenger was in the water when the yacht captain put the vessel in reverse and was struck by the propellers. No charges have been filed yet and FWC is investigating the incident. Did you recently lose someone in a boating accident? If your spouse, parent, or child was killed in an incident with a yacht, ferry, commercial ship, or another type of vessel, do not hesitate to contact a Miami accident lawyer at Gerson & Schwartz P.A.

Florida Boating Accident Statistics

In Florida, a state surrounded by beaches and open water, personal and commercial boating accidents are not uncommon. According to FWC statistics, there were 714 reportable boating accidents in 2016. These led to 421 individual injuries. Additionally, 56 accidents were fatal, leading to 67 deaths. The main cause of fatal accidents was falling overboard. Sixteen individuals were killed after falling overboard, which was 29 percent of all fatal accidents. Whether or not the Miami Vice passenger fell overboard or intentionally jumped has yet to be determined. The most common reason for death after falling overboard is drowning (60 percent). However, other issues, such as being struck by propellers, can also be at fault.