Wrongful Death Lawyer Blog

It is like a never-ending story in South Florida, especially in Miami, where almost every other day a cyclist or a pedestrian is injured or killed by a motor vehicle. The miamiherald.com reported that two cyclists were hit in the early morning hours of Wednesday, February 16, while riding on the Rickenbacker Causeway between Key Biscayne and Miami.

A report today by cbslocal.com tells us more about this sad story. Two riders were struck: 37 year-old Aaron Cohen, who died Thursday night after being taken off life support (he had undergone emergency brain surgery at Jackson Memorial Hospital after the accident) and 48 year old Enda Walsh, who suffered a broken leg.

Another Driver That Leaves The Scene of an Accident

Another thing that seems to be taking epidemic proportions in South Florida are the cases of drivers leaving the scene of an accident...That's exactly what Michele Traverso, the driver that killed Mr. Cohen, do after the accident. Despite the very damaged condition of his car's windshield (which made investigators wonder how he could drive the vehicle at all), Mr. Traverso simply drove his car to the parking lot of his Key Biscayne condo unit, where he covered it with a tarp in order to conceal the damage. However, debris from the crash scene allowed investigators determine the vehicle's make and zero in on it.

At the time of the accident, Mr. Traverso was driving without a license and attending a court-ordered drug program because he had been charged with possession of cocaine last May. He also had a 2009 arrest for possession of marihuana.

The alarming frequency of these hit and run cases makes me wonder about the kind of people that live amongst us....After all, they share the same roads me and my family use everyday (both as drivers and pedestrians) and to say the least, it is disconcerting to realize that among us live people with such low moral values...

Accidents happen everyday and can happen to any one of us. Don't these drivers realize that it could be their own loved ones left dead at the scene of an accident? They probably realize it, but just don't care. So long as they don't have to pay for the consequences of their actions...

Another Pedestrian Killed

Then we have the case of Brazilian race care driver J.P. Mauro, who has been charged with DUI manslaughter, vehicular homicide and cocaine possession after fatally hitting 45-year-old Russell Knudson at around 1:30 a.m. last night on Collins Avenue, near 39th Street. Mr. Knudson was loading a bicycle into the back of a parked Toyota Camry when Mr. Mauro, who police claim was travelling at twice the 30 M.P.H. speed limit, veered into the parking lane and struck him. The impact threw Mr. Knudson onto the sidewalk, where he was pronounced dead. Mr. Mauro's eyes were bloodshot, he smelled of alcohol and according to police, he admitted to having been drinking earlier in the evening.

Continue reading "Cyclists and Pedestrians Continue to be Traffic Targets in South Florida" »

A Phoenix, Arizona man has suffered a fatal spinal cord injury at an indoor trampoline amusement park, according to justicenewsflash.com. The accident occurred Thursday last week at Skypark, a local recreational facility.

The victim's name was Ty Thomasson, age 30, who was with a group of friends when the accident happened. Apparently, Mr. Thomasson was injured when he dove into a foam pit at the indoor trampoline complex. It is not yet clear how exactly Mr. Thomasson dove into the pit, but the fact remains that he broke his neck. Emergency crews responding to the scene said he was not breathing and did not have a pulse when they arrived. Mr. Thomasson was rushed to the hospital and succumbed to his injury on Sunday, February 5.

While the investigation of this event is still ongoing, it is worthwhile to note that this may also be a case of product liability for which the manufacturer of the trampoline and/or foam may be liable. For example, if it is shown that those using the trampoline believed (as well as Mr. Thomasson) that the foam in the pit made it safe to dive into the pit and there were no signs indicating that such was not the case, both the park and the manufacturer of the trampoline may be held liable for Mr. Thomasson's wrongful death.

Park Responsible for Patron's Safety

Amusement parks are responsible for their rides and apparatus functioning correctly. For example, under Florida Law, amusement parks are responsible for the safety of their patrons and must comply with the same general laws applicable to all other businesses. They have a duty to maintain their facilities in a reasonably safe condition, they have a duty to correct dangerous conditions and they also have a duty to warn patrons of known dangerous conditions.

Local, state and federal governments have developed additional rules designed to help keep amusement parks safe for patrons. For example, some of these rules regulate the parks' maintenance schedules and provide for safety inspections. Some other rules enforce height and weight limits on rides. There are also specific language requirements for warning signs intended to advise patrons of hazards and strict training standards for ride operators.

Continue reading "Man Suffers Fatal Spinal Cord Injury at Amusement Park" »

Hit and run accidents continue to happen with alarming frequency in South Florida. The latest of these incidents happened in Hialeah early Wednesday when an 2002 GMC Envoy SUV sideswiped a smaller Toyota Scion with three people onboard heading South on Okeechobee Road near the Florida Turnpike extension, according to the miamiherald.com.

Victim Drowned

The driver of the Toyota lost control of the vehicle and plunged into a nearby canal, where the car sunk into 22 feet of water. Apparently, all three occupants of the Toyota managed to make it to the surface, but one of them, later identified as Gilberto Duenas, became fatigued and drowned. Subsequently police found the SUV about a quarter of a mile away, abandoned because it was too damaged to be driven and with paint marks that matched the victim's Toyota. Police is currently looking for the registered owner of the SUV. The SUV is noted as being from Naples, Florida.

An Accident May Not Be A Crime, Running From One Is

People tend to panic when they find themselves involved in an accident. As terrifying an experience as it is, an accident is just an accident. In other words, those involved had no intention to provoke it. Also, an accident can happen to anyone.

However, once a party to an accident decides to run away from the scene, these actions can make it a crime. Under Florida Statute No. 316.027, "The driver of any vehicle involved in a crash occurring on public or private property that results in injury of any person must immediately stop the vehicle at the scene of the crash, or as close thereto as possible, and must remain at the scene of the crash..." Failure to stop and/or remain at the scene is a felony in Florida.

And while an accident can happen to anyone, a felony doesn't: felonies happen to people whose moral turpitude and selfishness makes them believe they are impervious to justice...We have seen responsible (until then) parents, law abiding community members, decide one day to go for a couple of drinks after work and subsequently get into an accident on their way home. Suddenly realizing that they may have had one too many drinks and the gravity of their predicament, these until-then responsible people suddenly forget their legal duty to stop, as well as their duty as human beings to assist their victims.

Besides the moral implications, to hope to get away with it in this day and age is ludicrous. Crime scene investigators have the tools and technology necessary to provide detectives with very accurate information that enables them to catch up with the offender sooner rather than later, specially when someone has lost his or her life as a consequence of the hit and run.

Runners Often Turned In By Witnesses

Additionally, hit and run felons may likely be turned in by witnesses at the scene. Such was the recent case of a Tamarac driver who ran after causing an accident, only to be turned in by an 11 year old boy who wrote down his tag number, according to cbslocal.com.

Continue reading "More Hit and Run Accidents in South Florida" »