Florida Man Survives Wreck After His Vehicles Collides With Tree

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.

Was the At-Fault Driver Reckless?

Reckless drivers in Miami lead to many crashes, which can result in serious injuries and fatalities. If you believe you were injured or lost a loved one because of a reckless driver, do not hesitate to call our car accident lawyers in Miami.

Under Florida law, reckless driving means someone is driving in a manner that demonstrates a willful or wanton disregard for the safety of people or property. In other words, someone drivers in a way they know to create a risk of injury to other people’s property or to people themselves. The driver knows they are driving in a way that risks a crash. Whether or not someone is a reckless driver is up to a judge or jury. After an accident, the police may believe there is evidence to support a charge of reckless driving. The evidence will be handed over to the local prosecutor who decides whether to file a criminal charge against the driver. A first offense that did not involve bodily injuries or property damage is a second-degree misdemeanor. However, if the other driver caused you harm, they may face a first-degree misdemeanor, and if the driver caused serious bodily injury, they will face a third-degree felony. Whether or not the driver who caused the crash and your injuries is charged with reckless driving or convicted is not up to you. However, whether you pursue compensation through the civil court system is up to you.

Pursuing Compensation From a Reckless Driver

Whether or not the at-fault driver is charged or convicted of reckless driving or any other traffic offense, you may pursue compensation for your physical, emotional, and financial damages through an insurance claim or personal injury lawsuit. A personal injury lawsuit is a civil case that is entirely separate from any criminal charges. That being said, one case can impact the other. If the at-fault driver pleads guilty or is found guilty of reckless driving, you can use this as evidence in your personal injury case.

However, even if the other driver is not charged or is acquitted of reckless driving, you can seek to prove that they were negligent, and that their carelessness while driving caused the crash and your injuries. Carelessness is a lower standard than recklessness. If you can establish the at-fault driver’s careless or reckless conduct, then you have the right to obtain compensation for your medical expenses, lost income, pain and suffering, mental distress, and more.

Call A Miami Car Accident Lawyer For Help

When you believe the other driver in your crash was at fault and possibly reckless, contact our Miami car accident lawyers at Gerson & Schwartz P.A. We have years of experience handling car accident claims. We will thoroughly investigate the accident and gather as much evidence as possible. We will fight to prove that the driver was careless or reckless and to obtain you fair compensation for your injuries. To learn more about how we can help, contact us at (305) 371-6000 or online to schedule a free consultation.