Miami Injury Lawyer Blog

September 24, 2018

12-Year-Old Girl Killed in Miami-Dade County Car Crash

On Tuesday, September 18, a crash was reported on Northwest 163^rd Street and North Miami Avenue around 8:30 am. Two vehicles, a Nissan Altima and Honda CR-V, collided at the two-way stop. A 12-year-old girl, Carelle Philogene, was pronounced dead at the scene. The young girl was in the Honda CR-V with two adults. Seven others were injured: Durocher Querette, Solange Querette, Milton Vassell Jr., Martin Aristide, Ricardy Thimothee, Wendy Duperat, and an unidentified 6-year-old boy. Multiple adults were reported as being in critical condition. Others suffered minimal injuries and were treated at the scene. Young children are particularly at risk for injury and death in car accidents. If your child was hurt or killed in a collision, contact our Miami car accident lawyers at Gerson & Schwartz P.A. You can contact us online or call (877) 475-2905 to schedule a free consultation.

Children Car Accident Statistics

According to the U.S. Centers for Disease Control and Prevention, 723 children ages 12 years old and younger died in car accidents in 2016. The same year, more than 128,000 young children were injured in crashes. Of the children who died in accidents, 35 percent were not buckled up. They were not wearing seat belts or secured in a proper child safety seat. Also, a CDC study found that in one year, more than 618,000 children younger than 12 years old rode in vehicles without a child safety seat, booster seat, or seat belt some of the time. These children face a significant risk of injury or death if their vehicle is in a collision. Another issue is when car seats are used—but used improperly. The CDC found an estimated 46 percent of car and booster seats are misused, reducing their effectiveness in protecting children during a crash.

September 10, 2018

Multiple Car Crashes in Miami During Tropical Storm Gord

by Gerson & Schwartz, P.A.

On Monday, September 3, South Florida was battered by heavy rain and winds due to Tropical Storm Gordon. The tropical storm formed near the Florida Keys early that morning and moved west-northwest into the southern area of the United States. The unfavorable weather conditions did more than close beaches on the holiday weekend. The increased the risk of flooding and made the roads particularly wet and dangerous. It is no surprise that on Sept. 3, Miami-Dade County had multiple car crashes, creating significant traffic delays and leading to at least one fatality. Around 10 a.m. on Labor Day, Alfredo Cobas, 47, lost control of his truck while traveling north on I-95. Cobas’ truck hit an inside wall and spun multiple times. He was ejected from the vehicle, and Miami Fire Rescue pronounced him dead at the scene. Two other crashes took place shortly after on the MacArthur Causeway and on I-395, near the Biscayne Boulevard ext. A few hours later, another collision occurred on I-95 headed north. Witnesses saw a vehicle stuck underneath a large tanker.

Driving in the rain with wet roads and reduced visibility requires extra care. When drivers fail to pay greater attention to the road and their actions, crashes occur. If you or a loved one were hurt in a car accident due to another driver’s negligence in the rain, do not hesitate to contact a Miami car accident attorney from Gerson & Schwartz P.A. at (305) 371-6000.

Rain Is the Deadliest Weather

August 30, 2018

Homestead High School Student Shandel Mio Killed in Early Morning Crash

by Gerson & Schwartz, P.A.

On Tuesday, August 28, just before 6 a.m., students from Homestead High School were involved in a fatal crash. The accident occurred Near SW 112^th Ave and SW 248^th St, near the Florida Turnpike. The Miami-Dade Police have confirmed that a Scion was driving south on 112^th Ave when the driver veered right onto the dirt shoulder. The driver over corrected and then veered into oncoming traffic. The Scion crashed into an SUV and a Honda Odyssey, which were both headed north on 112^th Ave. The driver and passenger in the Scion, both students of Homestead High School, were ejected from the vehicle. Shandel Mio, 15, was pronounced dead at the scene. He was a freshman at Homestead High School, and he had recently moved to Florida from Peru. The other student was airlifted to Kendall Regional Medical Center. The other vehicle’s occupants were taken to Jackson South Community Hospital with less severe injuries. If you lost a loved one or were seriously injured in a car accident in Miami-Dade, contact Gerson & Schwartz P.A. at (305) 371-6000. We can help.

Pursuing Compensation After a Deadly Crash

After losing a loved one, such as a spouse, parent, or child, in a collision, it is hard to think about money. However, it is an ever-present issue. Following such a loss, your family can be left with many bills, emotional and psychological harm. If your loved one was transported to a hospital after a crash, you may be billed for the ambulance ride and the emergency room visit. Even with health insurance, these can be significant bills.

August 20, 2018

Motorcycle Rider Struck by Vehicle, in Critical Condition

by Gerson & Schwartz, P.A.

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