Miami Accident Lawyer Blog

February 10, 2019

Illegal Charter Boats in Florida Linked to Injuries and Fatalities

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.

February 8, 2019

Florida Man Survives Wreck After His Vehicles Collides With Tree

by Gerson & Schwartz, P.A.

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.

February 4, 2019

Retired Miami-Dade County Teacher Injured in a Hit and Run

by Gerson & Schwartz, P.A.

Natalie Farber, 75, was seriously injured in a hit-and-run crash. Farber is a retired Miami-Dade County Public Schools teacher and tennis coach. She suffered several broken bones due to the crash, including a fractured skull, according to her husband Frank Farber, and recently underwent her third surgery. The crash occurred around 2 p.m. when Farber was walking near Bedlington Road and Fairway Drive in Miami Lakes, FL. The vehicle struck Farber as she was walking. The driver did not remain at the scene of the collision. When Farber was discovered, she was taken to Jackson Memorial Hospital’s Ryder Trauma Center. The driver responsible for the accident is still being sought by police. Due to the hit and run, the matter is a criminal investigation. If the driver is discovered, Farber has a strong personal injury claim against them and could pursue compensation for her medical expenses, pain and suffering, emotional distress, and more. If you or a loved one were recently injured in a hit-and-run crash, you should speak with a Miami hit and run attorney about your rights. One of our highly experienced lawyers at Gerson & Schwartz P.A. can help you navigate the aftermath of the accident. We will review whether you have an insurance policy that will cover your injuries. If so, we can represent you during the insurance claim process and fight for you to receive appropriate compensation. You can reach us through our online form or by calling (305) 371-6000.

Miami-Dade County Hit-and-Run Crash Statistics

In early 2018, the Florida Highway Patrol released Florida’s 2017 hit and run statistics. That year, the FHP stated there were 98,000 hit-and-run crashes, which accounted for about 24 percent of all crashes. Additionally, a study published by the AAA Foundation for Traffic Safety found that Florida was in the top three states for hit-and-run crashes, based on per capita rates. Between 2006 and 2016, New Mexico, Louisiana, and Florida had the highest rates of fatal hit and runs. In 2006, hit and run fatalities in Florida were 195. By 2016, hit and run fatalities in the state had increased to 206. The lowest rates were in 2010 and 2011, when Florida had only 135 hit and run fatalities both years.

January 30, 2019

Miami-Dade Police Officer Caused Fatal Crash, May Face Civil and Criminal Court Cases

by Gerson & Schwartz, P.A.

Miami-Dade Police Officer John Young Song caused a deadly car accident on March 6 at Southwest 260^th Street and 147^th Avenue at approximately 1:30 a.m. Officer Song was placed under arrest for the crash this November and has been charged with vehicular homicide. Reports indicate the officer was speeding, did not have his vehicle’s headlights or siren on, and failed to stop at a stop sign. Miami-Dade Police Spokesperson Lee Cowart said the officer was not responding to a call and was on a routine patrol at the time. Officer Song drove through the stop sign and collided with a white Nissan carrying Emilio Jesus Vizcaino, 45. Due to the various factors involving with the crash, the officer is accused of driving the police vehicle in manner that displayed a willful and wanton disregard for other people and property’s safety. On other words, the officer is accused of driving recklessly. Song will be arraigned for the criminal charges on December 13. However, he may face more than a criminal case. The Vizcaino family have the right to pursue compensation through a wrongful death claim.

If your loved one was recently killed in a car crash that you believe was caused by someone else, we recommend you call our Miami wrongful death lawyers at Gerson & Schwartz P.A. at (877) 475-2905. We will thoroughly review your circumstances and advise you of your right to file a wrongful death lawsuit. If you have a valid claim, we will work hard to obtain a fair settlement for you and your family.

A Wrongful Death Claim Is Separate From Criminal Charges

January 28, 2019

Overturned Crane in Homestead Injures One

by Gerson & Schwartz, P.A.

On Thursday, November 1, a crane overturned in Homestead. The incident took place at a construction site at 1586 NE Eight Street. The Miami-Dade Fire Rescue responded to the incident and reported that one person was injured and taken to Jackson South Medical Center. Initial reports indicated the injured individual was a construction worker. Another crane incident took place the same day in West Miami. Near 8^th Street and SW 63^rd Avenue, a crane became out of control and rotating. Steel cables from the crane became wrapped around power lines, causing a short in the electrical system. While residents were left without power, luckily no one was injured.These two incidents were both extremely dangerous, and crews are lucky that more people were not injured. Unfortunately, injuries and fatalities involving cranes occur each year. If you were injured or a loved one was killed in a crane accident, call our Miami construction accident lawyers at Gerson & Schwartz P.A. at (877) 475-2905.

Crane Accident Statistics

Between 2011 and 2015, there were 220 crane-related deaths, according to the Census of Fatal Occupational Injuries and the Bureau of Labor Statistics. Over this 5-year period, this amounted to an average of 44 deaths per year. Texas saw the most crane-related deaths with 40 between 2011 and 2015. Florida had the third most crane-related fatalities at 11, just behind Illinois’ 12 crane-related deaths. California and Pennsylvania each had 10 crane-related deaths during this time period. A little more than half of the crane-related deaths occurred because a construction worker was struck by an object or piece of equipment. Many of these fatalities were because of a falling object or equipment, more specifically, an object falling from a crane. Additionally, transportation crane accidents and workers falling to a lower level were common.

November 19, 2018

Prepare for Safe Holiday Driving in Miami

by Gerson & Schwartz, P.A.

Florida and much of the south has a distinct advantage when it comes to holiday driving—there is lower chance of bad weather. The temperatures in Miami and around the state fall a little, but not where near the temperatures needed for snow, sleet, and freezing rain, like what is experienced on the east coast and in the Midwest. This lack of severe weather makes it a bit safer to drive around Thanksgiving, Christmas, and New Year’s Day. Unfortunately, these holidays are still known for a high rate of car crashes and fatalities.

As we approach Thanksgiving and the entire holiday season, Florida drivers need to prepare for getting about safely and avoiding crashes. If you are in a collision over the holidays this year, do not hesitate to contact a Miami car accident lawyers at Gerson & Schwartz P.A. at (877) 475-2905.

The Holidays, Drunk Driving, and Car Crashes

November 13, 2018

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 Miami 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.

October 22, 2018

Miami-Dade Transit Metrobus Crashes into Building in Little Haiti, Injuring 10

by Gerson & Schwartz, P.A.

In mid-September, a Miami-Dade Transit Metrobus was involved in a collision with a pickup truck at Northwest 54^th Street and Second Avenue. The bus was headed north on Second around 9 a.m. when it collided with a Ford Ranger. The crash led to the bus diverting off the road and running into a clothing store, Omega Fashions.The incident led to a significant amount of property damage and injuries. The bus crushed two support columns for the 1926 building. This caused there to be significant delays in removing the bus from the Little Haiti building. The two individuals in the pickup truck were taken to Ryder Trauma Center at Jackson Memorial Hospital. The driver of the bus and seven passengers were also taken to the hospital with non-life threatening injuries. Police are investigating the crash. Initial witness reports state the pickup truck was speeding and the bus did not have time to avoid a crash. If you were involved in a crash while riding a public transit bus, contact our experienced Miami bus accident lawyers at Gerson & Schwartz P.A. We will carefully review your situation and advise you on the best next steps. When someone else was at fault for the accident and your injuries, we can help you pursue compensation. Call us at (877) 475-2905 to schedule a free consultation.

Pursuing Compensation After a Crash

If you or a relative were harmed in a bus crash, you should speak with an experienced injury lawyer as soon as possible. You may face a complicated insurance process, dealing with complex legal issues, and will benefit from having a lawyer communicate with the insurer’s representative while fighting for your rights and to seek the maximum amount of compensation that the law permits for you.

October 8, 2018

Road Rage Incident in Broward County Leads to Rollover Crash

by Gerson & Schwartz, P.A.

On October 1st, one driver to offense to another person’s driving and caused a serious crash. On Northwest 46^th Avenue, in Lauderhill, Florida, one driver claims another cut him off. The offended driver decided to follow the other vehicle in order to record his license plate. However, in his pursuit, he clipped the other vehicle. This led to a crash, which included one of the vehicles rolling over. The vehicles came extremely close to colliding with a home. Both drivers were cited for traffic violations and walked away with minor injuries. This is a lucky result—road range incidents often result in more significant crashes and injuries.

If you were injured in an accident that you believe was caused by the other driver’s road rage, call an experienced car accident lawyer at Gerson & Schwartz P.A. right away. We help car accident victims pursue compensation in Miami-Dade and Broward Counties. We will fight hard for you to receive full and fair compensation for your physical, emotional, and financial injuries. Call us today at (877) 475-2905 to schedule a free consultation.

What Is Road Rage?

September 24, 2018

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

by Gerson & Schwartz, P.A.

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.