Miami Accident Lawyer Blog

June 30, 2019

E-Scooters are Back in Miami, Along With Increased Risk of Accidents

Miami city commissioners recently announced a six-month trial program to implement 300 electric scooters across District 2, a region that incorporates the downtown area, Coconut Grove, Morningside and Edgewater. An article appearing in the South Florida Sun-Sentinel outlined the plan involving Bird, Lime, and other companies that operate the dockless rental vehicles, familiarly called “e-scooters.” The announcement comes as good news for people looking for a convenient, affordable, and sustainable option for getting around town. A user simply downloads the app, pays low fee to unlock the e-scooter, and then drops it off when finished.

E-scooter programs in Coral Gables and Fort Lauderdale have been quite successful, especially among students. Opponents argue that e-scooters increase the likelihood of traffic-related accidents. Fortunately, injured victims may have rights under well-established legal rules regarding negligence, and a Florida personal injury lawyer can explain in more detail. Still, to reduce the risk of accidents, you should review some safety issues and tips regarding e-scooters.

Risk Factors with E-Scooters

June 17, 2019

Recent DUI Accident Sheds Light on Injured Victims’ Rights

by Gerson & Schwartz, P.A.

One minute, visitors to a Port Charlotte Harley-Davidson store were listening to a live concert; the next, they were running for their lives from a luxury sports car that an intoxicated woman plowed into the crowd. According to a June 12, 2019 article in the Miami Herald, none of the concertgoers were injured in the chaos that ensued. However, the local country music star who was headlining the event suffered injuries to his foot. Upon arriving at the scene, police detained the woman for questioning, and eventually arrested her for DUI, among other charges.

The penalties for DUI are harsh in Florida, including fines, jail time, and a driver’s license suspension. Unfortunately, these sanctions do nothing for victims who are injured as a result of a drunk driving collision. You do have rights if you are hurt in a DUI crash, and a Florida car accident attorney can assist with your claim. Some general information regarding these cases may also be helpful.

Comparing Criminal and Civil DUI Cases

June 7, 2019

Virgin USA Train Crashes into Car in North Miami

by Gerson & Schwartz, P.A.

Around 9:30 a.m. on Wednesday, June 5, Miami-Dade Fire Rescue responded to a collision between a Virgin Trains USA train and a silver SUV near Biscayne Boulevard and 141^st Street. The SUV sustained significant damage, and the airbags were deployed. The back end of the SUV was crushed, the windows shattered, and the front bumper was detached and on the ground. One report stated the train was heading south when it struck the SUV on the driver’s side of the vehicle and pushed it 180 degrees. One victim was transported to Aventura Hospital and Medical Center, and their condition was unknown. A report stated witnesses saw the driver get out of the SUV and looked visibly OK. After the collision, the train stopped nearby. Virgin Train USA representatives came to the scene to assess damage to the train. There was visible damage to the train’s front car. There are no reports of any harm to train employees or passengers Commuter trains like Virgin Trains USA are growing in popularity in Florida and around the US. However, they pose a significant risk at intersections where railroad tracks public cross streets. If you or a loved one were a victim of a train-vehicle crash in Florida, do not hesitate to contact a Miami car accident lawyer at Gerson & Schwartz P.A. You can reach out to schedule a free consultation by calling (877) 475-2905 or using our online form.

Virgin Trains USA Used to be Bright line

In March 2019, Virgin Group announced its first train line would be Virgin Trains USA in South Florida. The majority owner and operator of the train is Fortress Investment. Virgin Group is a minority investor providing the iconic branding for the train. This train line was originally known as Bright line and began service in May 2018, with test runs starting in 2017. It is a high-speed intercity system that currently stops in Miami, Fort Lauderdale, and West Palm Beach. Virgin previously announced it intends to extend the train line to Orlando and Tampa. Individuals who are injured in an accident involving a Virgin train should contact an experienced lawyer in Miami. If the incident was a train-car collision, our Miami car accident attorneys are here to investigate the crash, determine what went wrong, and identify the liable party. Our lawyers at Gerson & Schwartz P.A. are highly experienced in handling all types of vehicle collisions, including those involving commuter and freight trains. We are not afraid to hold large and popular businesses responsible in court.

May 18, 2019

Princess Cruise Ship Passengers Killed During Alaska Shore Excursion

by Gerson & Schwartz, P.A.

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.

May 6, 2019

One Pedestrian Killed in Key Largo Car Crash

by Gerson & Schwartz, P.A.

On April 25^th, 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.

April 10, 2019

Teen and Grandmother Killed in South Florida Head-On Crash

by Gerson & Schwartz, P.A.

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.

April 8, 2019

Broward County Father and Daughter Killed in Vehicle-Pedestrian Crash on Halloween

by Gerson & Schwartz, P.A.

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:

April 1, 2019

2 Cruise Ship Collisions Call Passenger Safety Into Question

by Gerson & Schwartz, P.A.

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.

February 11, 2019

Construction Worker in Broward County Experiences Traumatic Amputation

by Gerson & Schwartz, P.A.

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

February 10, 2019

Illegal Charter Boats in Florida Linked to Injuries and Fatalities

by Gerson & Schwartz, P.A.

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.