Miami Accident Lawyer Blog

June 15, 2012

One Teen Killed, Another Injured When Pickup Rolls into in Broward County Canal

Last week, the driver of a pickup truck carrying four Broward County teenagers lost control and rolled into a canal, killing one teen and injuring another. According to witnesses, a four door Toyota Tacoma driven by 18-year-old Vincent Terracciano was traveling westbound on Krome Avenue when the vehicle suddenly veered off of the dirt road near Okeechobee Road. The teens were reportedly headed to Mack’s Fish Camp to swim and fish on their first day of summer vacation. Instead, the owner of the camp, Keith Jones, pulled the four boys from the partially submerged vehicle.

Following the crash, three of the four teens remained conscious. According to Jones, the boys were trapped inside of the pickup with a small air pocket. Jones reportedly used a piece of farm machinery to roll the truck upright before he pulled all four young men from the vehicle. Jones stated he performed CPR on the unconscious teen, 18-year-old Nathan Northrup of Davie, until rescue crews arrived. Northrup was taken by emergency helicopter to Memorial Regional Hospital where he was later pronounced dead. Emergency responders also took 17-year-old Ricardo Vera to Memorial Hospital Miramar by ambulance for treatment of non-life threatening injuries. The driver and another 18-year-old passenger were not injured in the crash.

According to the Broward County Sheriff’s Office, drug and alcohol use was not a suspected factor in the accident. Although the cause of the crash is currently being investigated by the Sheriff’s Traffic Homicide Unit, investigators reportedly believe excessive speed played a role in the incident.

Unfortunately, automobile collisions are one of the most common causes of personal injury and wrongful death in Florida. A car, motorcycle, or truck accident such as this one often occurs when you least expect it. Car accidents can potentially cause a wide range of complex injuries and lifelong disabilities. Tragically, motor vehicle collisions can also result in the death of your loved one.

If you were hurt or lost a family member in a motor vehicle crash, you may be eligible to receive financial payment for medical bills, lost wages, lost earning capacity, disability, pain, suffering, and funeral expenses. A capable Miami personal injury lawyer can help you file your claim.

June 11, 2012

Texting While Driving: A Leading Cause of Car AccidentsToday

by Gerson & Schwartz, P.A.

Statistics have shown that texting while driving is a leading cause of car accidents today. In fact, motor vehicle accidents involving negligent drivers who are sending texts while driving down the road are reaching epidemic proportions. In 2010 AT&T launched a campaign “Texting and Driving…IT Can Wait” to raise public awareness about the seriousness of texting and driving for teens and adults, alike. Now, the cellular giant has extended its campaign by going into high schools and conducting a demonstration for students using a driver simulated computerized program; in order to exemplify how quickly, sending a text message can turn into being involved in deadly car crashes.

The fact of the matter is that texting and driving has not yet been outlawed in the state of Florida. Despite that fact that there is various legislation in the works, such as “Heather’s Law” and more recently, “Ali’s Law”, Florida lawmakers have not agreed upon a plan to make our highways and roads safer. The ongoing discussion between Florida lawmakers, concerning the connection between motor vehicle accidents and texting are still being debated.

Car accident attorneys at the Law Firm of Gerson & Schwartz, PA understand the risks involved in this dilemma. According to the National Safety Council, more than 25 percent of car accidents in the U.S. are caused at least in part by cell phone use. The distractibility of a driver who uses a cell phone to text is clear. Fatal car crashes occur daily when individuals take their eyes of the road to read or send a text message. This distractibility is a recipe for disaster.

June 5, 2012

Club Lexx Night Club Shooting : One Man Killed by Security Guard

by Gerson & Schwartz, P.A.

This week a man was shot and killed and another man was seriously injured outside the nude dancing Miami night club, called “Club Lexx”, located on NW 27th Ave. in Miami, Florida. A witness stated that an altercation took place between the security guard and the two men who were shot. Both individuals were taken to Jackson Memorial Hospital following the shooting. One died and the other remains in stable condition. What if any security measures there were at the club and or parking lot are not clear. However, according to sources this was not the first violent crime at this Miami location. Other reports state that a van in the parking lot was riddled with bullets. It is still unclear if there was any security measures in the parking lot.

Individuals who go to nightclubs must rely on the security to keep them safe. Especially, at a place where the patrons are checked to ensure they do not have any deadly weapons on their persons when entering, the customer’s expectation is that no deadly force will be used against them even in a confrontation. A security guard should not be shooting at unarmed individuals who do not pose an equal threat to their safety.

May 18, 2012

Convicted Polo Magnate Released from Palm Beach County Jail on $7 Million Bond

by Gerson & Schwartz, P.A.

Polo mogul John Goodman was released from Palm Beach County Jail on Friday pending his appeal of a 16-year prison sentence following his DUI manslaughter conviction earlier this year. At trial, Goodman was accused of driving his Bentley while intoxicated, speeding, failing to stop at a stop sign, and colliding with a vehicle driven by 23-year-old Scott Wilson in 2010. As a result of the crash, Wilson’s Hyundai landed upside down in a nearby drainage canal. Goodman reportedly fled the scene of the car accident and failed to notify authorities about the crash for several hours. Meanwhile, Wilson drowned in his vehicle.

Goodman has been in custody at the jail since he was convicted in March. He was required to post a $7 million cash bond prior to being released. Goodman is also required to be within 100 feet of an off-duty deputy at any given time. Goodman must pay two off-duty officers approximately $1,000 per day while he is out on bond. One guard will apparently remain at his Wellington residence while the other will remain at his place of business, the International Polo Club Palm Beach. Prior to his release, Goodman agreed to a judge’s order that he stay away from the Wellington social scene and refrain from attending any polo matches, parties, or charity events. Further details regarding Goodman’s release from the county jail will reportedly be negotiated at a hearing scheduled to take place next week.

Goodman’s case made headlines last fall when he attempted to legally adopt his adult girlfriend, Heather Hutchins, while fighting a wrongful death lawsuit brought by Wilson’s parents. Although the adoption has not yet been legally recognized, Goodman will reportedly be taken back into custody if Hutchins attempts to access any of the money in his children’s $300 million trust fund.

Despite that Goodman posted a $7 million bond for his release, his attorney stated Goodman is now financially insolvent. He also said Goodman’s siblings actually posted the bond, which will be held by the County Clerk in a non-interest bearing account until it is either forfeited or returned. Goodman is reportedly appealing his DUI manslaughter conviction based on alleged juror misconduct as well as other grounds. If you tragically lost a loved one in an automobile crash with a drunk driver, you should contact a capable Florida wrongful death lawyer to discuss your case.

May 11, 2012

Abuse and Neglect in Florida’s Assisted-Living Facilities

by Gerson & Schwartz, P.A.

A recent investigation by the Miami Herald revealed that many assisted-living facilities are allegedly ignoring a Florida law designed to protect residents. The 1980 Resident Bill of Rights was enacted to protect elderly and mentally ill care facility residents who sought an alternative to traditional nursing homes. Florida’s Agency for Health Care Administration (AHCA) is responsible for monitoring the state’s 2,850 assisted care facilities. According to the newspaper, the Agency frequently failed to take action against assisted-living facilities despite police and inspector reports that residents were being denied basic needs.

For example, Bruce Hall, the owner of a Washington County facility, was directed by the Agency to sell the Sunshine Acres Loving Care facility only after neighbors organized to put pressure on the AHCA. Despite that the facility received more than 100 violations in 14 years and the owner allegedly threatened inspectors on more than one occasion, Hall was still provided with a one year grace period in order to secure a purchaser for the facility.

The Miami Herald reportedly found that as Florida’s elderly population grew, the level of care and state oversight at assisted-living facilities declined. To illustrate, although 550 new nursing homes opened in Florida during the last five years, the number of state inspections declined by 33 percent. Additionally, the newspaper reported that although assisted-living facility violations such as the use of illegal restraints are common, the resulting fines that are issued by the Agency are often decreased or waived. Despite a large number of allegedly serious care facility violations, Florida has closed only seven assisted-living facilities during the last two years.

According to the Miami Herald, unsafe conditions at a number of facilities has prompted several government agencies to cut funding to particular assisted-living facilities the AHCA has allowed to remain open. The Mental Health Project out of Miami-Dade Court reportedly will not allow the individuals it serves to stay at the All America ACLF, where a 71-year-old-mentally ill resident died in 2006 as a result of scalding burns after being left unattended in a bathtub. Although the facility was allegedly cited by the AHCA more than 100 times since the incident, it is still licensed and open. The Agency for Persons with Disabilities also reportedly cut all funding to the Hillandale ALF after it was accused of punishing the mentally ill by locking them away in closets.
The Miami Herald claims the AHCA rarely imposes the maximum fine allowed on assisted-living facilities that violate Florida law. In 2009, the Agency imposed only $650,000 in fines despite that the Florida Legislature expanded the AHCA’s power to fine care facilities in the same year. According to the AHCA, the Agency’s goal is not to punish facilities but instead to encourage compliance with state law. Penalties such as fines are reportedly only used as secondary enforcement measures. The AHCA also stated it will only consider revoking a care facility’s license as a last resort. First, other solutions are examined and explored on a case-by-case basis.

Assisted-living facility abuse and neglect cases are often the result of unqualified or improperly trained staff. Unfortunately, the signs of care facility abuse are not always easy to identify. Residents may experience a loss of appetite, depression, and more frequent accidents. An abused assisted-living facility resident may also complain about the treatment they are receiving. All complaints regarding assisted-living facility abuse or neglect should be taken seriously. If you suspect a family member or friend may be the victim of abuse at the hands of those tasked with their care, you should speak with a qualified Florida nursing home abuse and neglect attorney to help you protect your loved one’s rights.

May 11, 2012

Hit and Run Fatality: Cyclist Killed by Driver

by Gerson & Schwartz, P.A.

Miguel Angel Rocafort was taking an early morning bike ride, when a hit and run driver struck his bicycle sending him to Kendall Regional trauma center. Rocafort was treated for multiple fractures and other injuries. He was sent home from the hospital, and was told he would be able to resume normal life and even ride a bike again. However, the night after he was released, a pulmonary embolism caused him to have severe leg pain and he was taken to Baptist Hospital, where he eventually died.

According to the Miami Herald, TransitMiami.com has several reports which indicate that serious injuries to pedestrians and cyclists are very common throughout Miami Dade. Transit Miami writer Craig Chester refers to these incidents as a crisis in the arena of Public Safety which has gone under the radar. The city must do more to protect hostile motorists from endangering the lives of cyclists and pedestrians.

Often times, the drivers of hit and run car or bicycle accidents flee the scene because they know they did something terribly wrong, and are afraid of the consequences. According to the National Highway Traffic Safety Administration, one out of every 5 pedestrian accidents which result in death, is due to a hit and run driver. Especially, in a metropolitan city like Miami where there are an abundance of unlicensed or illegal drivers, hit and runs are on the rise.

May 2, 2012

NIght Club Shooting in Hialeah Results in 2 Men being Hospitilized

by Gerson & Schwartz, P.A.

In the early morning hours today, two men were injured at Spotlight nightclub in Hialeah, Florida, after a fight ensued and gun shots were fired. Currently, two people are at Jackson Memorial Hospital. A third man was arrested and taken into custody by police. The shooting occurred at East 25th St. between 6th Ave. and 8th Ave. According to Detective Eddie Rodriguez, an investigation is underway and the streets will not be opened until noon today in the area.

Attorneys at Gerson & Schwartz, PA handle cases for crime victims who have been injured in night clubs or bars due to negligent security. The firm has 40 years of experience and expertise in the area of security negligence and premises liability. They have recovered jury awards in the millions for their clients. The attorneys at Gerson & Schwartz, PA are highly specialized at handling cases, where security personnel is at fault for not protecting its patrons from forseable and preventable injuries. If you or someone you know has been the victim of an accident or a crime at a public place, contact the Law Offices of Gerson & Schwartz today for a free consultation.
(305)371-6000 or info@gslawusa.com

May 1, 2012

Florida State Laws Finally Require Mandatory Reporting by Anyone Suspecting Abuse of a Minor

by Gerson & Schwartz, P.A.

On Friday, April 27, 2012 Governor Rick Scott signed into law a bill requiring anyone who suspects a case of child sexual abuse to report it to law enforcement. The Protection of Vulnerable Persons law will take effect on October 1, 2012, giving Florida the harshest mandatory requirements for reporting sexual abuse in the nation. Specifically, this bill requires that all colleges and universities adhere to stringent reporting criteria for all sex abuse violations that have taken place on their campuses.

Violations wherein a teacher, administrator, coach or any other school employee who does not “willfully or knowingly” report suspected abuse could result in serious fines and lead to criminal charges. Prior to this law, only a parent or caregiver was required to report suspected abuse. This led to an extraordinarily high number of unreported incidents and created a silence within our culture regarding sexual abuse of children. In addition, to a mandatory obligation to report any suspicion of child sexual abuse, criminal charges have also been increased from misdemeanor to third degree felony charges.

Department of Children and Families (DCF) will conduct time sensitive investigations of anyone who neglects to report child abuse. Under the new law, the State Attorney’s office will now review the actions of all school board employees, who employ anyone who is suspected of withholding information regarding a victim of child sexual abuse. Hopefully, the addition of increased fines, which can be up to $1,000,000 for any public college or university whose administration fails to report child abuse, is a step in the right direction for eradicating child sexual abuse at schools or on college campuses, and in the world at large.

April 27, 2012

Four Killed in Three Early Morning South Florida Vehicle Collisions

by Gerson & Schwartz, P.A.

On Thursday, four people were killed in three early morning motor vehicle crashes on Miami-Dade and Broward County highways. A Miami Herald newspaper carrier and her father who was visiting from Nicaragua were killed in Miami-Dade County while on the way to a warehouse to pick up newspapers for delivery. The carrier, Carolina Cuadra, was driving south on the Palmetto Expressway around 1 am when a pick-up truck driven by 45-year-old Jeff Hood reportedly struck her vehicle from behind. Both Cuadra and her father, Isaac Antonio Lopez, were killed in the crash. Hood was treated on the scene by Miami-Dade Fire and Rescue for minor injuries. According to the Florida Highway Patrol, it is not clear whether alcohol was a factor in the deadly crash but charges are now pending against Hood.

Less than an hour later, a crash in Broward County claimed the life of 22-year-old Sara Ramirez Sandoval of Dania Beach. According to authorities, the accident involved two motorcycles that apparently collided on the Interstate 595 ramp to the Florida Turnpike. Both motorcycle drivers reportedly lost control on a curve, hit a retaining wall, left the roadway, and fell about 30 feet. Following the accident, the driver of the second motorcycle was taken to a local hospital in critical condition.

A few hours later, a hit-and-run crash in Broward County left a 20-year-old Sunrise woman dead. Bertha J. Rodriguez-Garcia was killed on Interstate 595 near Nob Hill Road when she was struck by a vehicle driven by 36-year-old Wilbert Saintubert of Fort Lauderdale. Saintubert allegedly lost control of the car he was driving and struck Rodriguez-Garcia’s Honda CR-V after he was hit by a dark-colored sport utility vehicle that reportedly fled the scene. Rodriguez-Garcia died after being ejected from her vehicle. The Florida Highway Patrol is currently on the lookout for the vehicle that caused the deadly accident.

Unexpected automobile, car, and motorcycle accidents can occur at any time. Tragically, motor vehicle collisions are one of the primary causes of injury and death in the State of Florida. Automobile accidents can cause a wide range of complex injuries and lifelong medical conditions. If you were hurt in a motor vehicle crash, you may be eligible to receive financial compensation for your past and future medical expenses, lost wages, lost earning capacity, suffering, and pain. A knowledgeable South Florida personal injury attorney can assist you.

April 24, 2012

Drunk Driver, Guillen, Asks Court to Reduce Bond for Caley Camacho’s Death

by Gerson & Schwartz, P.A.

Two weeks ago, 13-year-old Caely Camacho was killed by a drunk driver, Sandor Guillen, in Southwest Miami Dade, Florida. Guillen was driving a 2010 Range Rover on a buses only road at 100 miles per hour, when he slammed into the Chrysler Town and Country Minivan that Caely’s father was driving. Caely and her older sister and father were on the way to school that morning.

Caely Camacho was airlifted to Jackson Memorial Hospital where she later died. Her father and sister suffered minor injuries. According to Local CBS.com, even Guillen suffered serious injuries including a punctured lung and several broken ribs. The Miami Dade Police Department charged Guillen with vehicular homicide, DUI manslaughter, leaving the scene of an accident causing serious bodily injury, and driving without a driver’s license. He was captured after he attempted to flee the accident on foot. A Miami judge set his bond at $1,000,000.

Sunday morning, it was reported that Guillen was trying to get the bond lowered. Caely Camacho’s older sister, who survived the crash, posted a video on her Facebook page pleading the community at large to appear at the courthouse and to sign an online petition, in an effort to keep the bond set at 1,000,000 and Guillen in jail. The Camacho family is concerned that Guillen is a flight risk, given that he fled the scene of the accident after it happened. He would possibly flee the US and go to Nicaragua, his native country.