Miami Accident Lawyer Blog

November 13, 2018

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

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.

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