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" »

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" »

One person died and nine were injured in a three car crash that forced authorities to close the Dolphin Expressway early this morning, according to the Miami Herald.

Not a Good Morning for Commuters

The accident backed up traffic for miles, with only one lane being re-opened nearly two hours after the crash. Apparently it all started at around 6:45 a.m. when the driver of large red passenger van lost control at the 57th Avenue (Red Road) exit ramp, hit the yellow barrel-like crash attenuators and flipped over. Subsequently, two other vehicles hit the van: a silver pick up truck and a red car. Both of these vehicles sustained extensive damage.

Continue reading "Multiple Car Crash Closes The Dolphin Expressway (SR 836)" »

Fifteen passengers of a tour bus died when it crashed in New York a week ago. According to an article on FairWarning.org, the accident has renewed concerns over drivers of buses and tractor -trailers working more hours than they should and falling asleep at the wheel.

Bus Driver Told Police a Large Truck Sideswiped Bus

The bus was on it's way back to New York City from Connecticut. It was transporting a group of people that had visited a casino in the neighboring state when it crashed. The bus driver alleged that a large truck had hit the bus, making him lose control. Yet, a driver that had been following the bus prior to the accident told police that he had seen the bus weaving in and out of it's lane. This make police think that the bus driver, Mr. Ophanel Williams, may have fallen a sleep while driving. Additionally, some of the passengers stated that they saw Mr. Williams fall asleep a few times prior to the accident. According to an article in AllMediaNY, the investigation is under way and police is analyzing the data from the "black box" of the bus, which was recovered after the accident.

Continue reading "Bus Crash In New York Brings Back Worries Regarding Driver Fatigue " »

The Associated Press has reported that four people died as a result of a car accident on I-95 in Miami last Saturday morning.

Another Car Struck Them as They Were Checking on Others

According to a report by NBC, there was an earlier accident on I-95. Subsequently, five of the people involved in that accident went to check on the occupants of the other vehicle. As they walked on the express lane of I-95, they were struck by another car. The report states that four of them died at the scene, while the fifth was transported to Ryder Trauma Center at Jackson Memorial Hospital in critical condition.

Continue reading "Car Accident on I-95 in Miami Kills Four People" »

The LA Times reports that Toyota Motor Corporation has recalled a number of new vehicles in the United States. This recall includes 2.17 million cars, affecting six models that could potentially suffer from the sudden acceleration problems that have already caused multiple accidents, death and injuries.

Recall List

Toyota's new recall list includes:

• 761,000 RAV4 sport utility vehicles (2006 to 2010 models)
• 603,000 4Runner SUVs (2003 to 2009 models)
• 397,000 Highlander and Highlander hybrid SUVs (2004 to 2006 models)
• 372,000 Lexus RX SUVs (2004 to 2007 models)
• 20,000 Lexus GS sedans (2006 and 2007 models)
• 17,000 Lexus LX sedans (2008 to 2011 models)

You may find more information regarding this recall at Toyota's page.

Continue reading "Toyota Recalls New Vehicles in the U.S." »

A new, more comprehensive, "Black Box" system for motor vehicles will be available later this year.

In-Vehicle Event Management System (IVEMS)

This technology is not new. Event data recorders that keep records of things like the speed a vehicle was traveling at a certain time; failures of a number of mechanical or electronic systems, etc. have been around for a while.

Not Popular Among Common Car Owners

However, while the system's tracking capabilities have been popular among fleet operators (cab companies, trucking companies, etc.) because it allows them, among other things, to control their driver's movements, these systems are not popular among regular car owners because of privacy concerns...And such concerns may only be heightened by the ability of this new In-Vehicle Event Management System (IVEMS) to store not only electronic data related to system's failures, but digital video surveillance data as well.

Continue reading "Technology Aids in Event of Accident" »

The concept of uninsured/underinsured motorist coverage is missunderstood by most people. It is maybe the most important insurance coverage you should carry to protect yourself and your loved ones.

To register a car, Florida drivers are only required to purchase $10,000.00 in property damage coverage and no-fault coverage. The property damage coverage pays up to $10,000.00 for the property damaged (car, tree, fence, etc.) in an accident caused by you or the driver of your car. The P.I.P. Benefit (Personal Injury Protection Benefit), also known as no-fault benefit, pays 80% of medical bills and 60% of any wages lost by you or a family member, up to $10,000.00 minus any applicable deductible.

No bodily injury (B.I.) coverage is required in Florida. This means that if someone else injures you in an accident they cause, they do not have to carry insurance to pay for your injuries. This is very important because the only way you can protect yourself and your loved ones, is to have uninsured/underinsured motorist coverage (UM/UIM).

UM/UIM Coverage Explained

When you purchase uninsured motorist and underinsured motorist coverage you have your own insurance company stand in place or in addition to the coverage carried by the person who caused the accident. Florida law establishes that your own car insurance company must offer you UM/UIM coverage up to the limits of the BI (Bodily Injury) coverage that you choose. This means that if you purchase bodily injury coverage for your car of 25/50 ($25,000 per person/$50,000.00 per occurrence) you are automatically allowed to purchase up to $25,000/$50,0000 in UM/UIM benefits. Also, if you have more than one car, you can purchase "stackable coverage" in which case you would have $25,000 in coverage for each car in your household. It is an inexpensive way to protect your family.

Continue reading "Why Carry Uninsured//Underinsured Motorist Coverage (UM/UIM)?" »

Most people do not understand the concept of uninsured/underinsured motorist coverage. This is perhaps the most important insurance coverage you could purchase to protect yourself and your family.

In Florida, all that is required of a driver to register a car is insurance coverage of $10,000.00 in property damage coverage and no-fault coverage. The $10,000.00 in property damage coverage, pays up to $10,000.00 to anyone else for the their property (including a car, tree, fence, etc.) that is damaged by an accident that you or the driver of your car causes. The no-fault benefit or PIP (Personal Injury Protection Benefit), as it is also known, pays 80% of your medical bills and 60% of your loss wages or a family members loss wages, up to an aggregate of $10,000.00 minus any applicable deductible.

Florida does not require mandatory bodily injury coverage. In other words, if someone else causes an accident, and you are injured, they are not required to have coverage to pay you for your injuries. This is very important. The only way to protect yourself and members of your family, is for you to purchase uninsured/underinsured motorist coverage (UM/UIM).

What is UM/UIM Coverage?

What this means is that you are buying coverage through your own automobile insurance carrier to take the place of or be in addition to the coverage provided by the person who was at fault for the accident. Under Florida law, your own automobile insurance company must offer you UM/UIM coverage up to the limits of the BI (Bodily Injury) coverage that you elect. In other words, if you purchase bodily injury coverage for your car of 25/50 ($25,000 per person/$50,000.00 per occurrence) you are automatically allowed to purchase up to $25,000/$50,0000 in UM/UIM benefits. In addition, if you have more than one car, you can purchase "stackable coverage" which means, that you would have $25,000 in coverage for each car in your household that is covered under the policy. This could dramatically increase the insurance for you and your loved ones at a very reasonable rate. It is an inexpensive way to protect your family.

Continue reading "Uninsured//Underinsured Motorist Coverage (UM/UIM)" »

Car accidents happen everyday. No one wakes up one morning expecting to have a car accident that day. And when accidents happen, they usually cause injuries and shock. I believe it is important to offer people guidance on what to do after a car accident to protect their rights and preserve the evidence. After being involved in a car accident, you or someone near you should:

1. Unlock your doors and turn off your engine.

2. If you can, check how are the other occupants of your car. If someone is hurt, ask them not to move and if you can, make sure they are immobilized.

3. If someone is bleeding, try to apply a tourniquet or compress the wound to stop the bleeding.

4. Call or ask someone to call 911 for you. Make sure to request the police and rescue.

5. As much as you can, preserve your calm and remain oriented. Answer as clearly as possible all questions asked by emergency rescuers.

Stay Put

Sometimes after an accident, a person is not in pain and responsive. Adrenaline and other factors may contribute to this. Should you find yourself in this situation, try not to move around unnecessarily. If you can, try the following:

a. Give your insurance information to the other driver and ask for their's. Also, give that information to the police.

b. Try to obtain the name, addresses and phone numbers of people who have witnessed the accident

c. If you can, take photographs or videotape the scene. This can be done either with a camera or, thanks to current technology, a cell phone.

d. If you are hurting or not feeling well to any extent, ask to be taken to an emergency room.

e. Tell the physician or emergency room doctor, nurse or paramedic, where it hurts. Give a detail account of everything that hurts, from the top of your head to your toes. Don't refrain from telling them about any condition and let them decide what's relevant or not.

f. Follow the orders from your healthcare providers. After all, they are the experts and for them to be able to effectively help you with your injuries, they must know as much as you can tell them about your past medical history. This also applies to your attorney. Tell him or her everything about your past so that he/she can properly represent you.

Continue reading "Now That I Had a Car Accident, What Should I Do?" »

Car accidents occur daily. They are unexpected. People are often left injured and in shock. It is important to know what to do after a car accident to protect your rights and preserve the evidence. After being involved in a car accident you or someone close to you should do the following:

1. Turn off your car and unlock your doors.

2. Check on the condition of everyone in the car. If anyone is injured, tell them not to move and if possible, ensure that they are immobilized.

3. If anyone is bleeding, make sure that either a tourniquet is applied or bleed is compressed to stop.

4. Either you or have someone for you should call 911 and be specific in requesting rescue as well as the police.

5. Stay calm and oriented. Respond clearly to the questions that you are being asked by emergency rescuers.

Don't Move Around

Often times after an accident, a person isn't immediately incapacitated or in pain. This could be due to adrenaline and other factors. If that is the case, please be careful moving about but, if you can do the following:

a. Exchange information with the other driver or give information to the police officer who is responding.

b. Get the name, addresses and phone numbers of any witnesses.

c. If possible photograph or videotape the scene either using a camera or a cell phone camera.

d. If you are at all not feeling well, request transport to a hospital or emergency room.

e. When you see a physician or emergency room doctor, nurse or paramedic, tell them what hurts from the top of your head to the bottom of your toes, even if you don't think it's anything serious. Let the medical personnel decide what if any injuries you have.

f. Follow doctor's orders. Remember they are the professionals.

Continue reading "What To Do If You Are In A Car Accident?" »

Apparently, as they walked home from school, four teenagers were hit by a driver who seems to have passed out at the wheel and lost control of his SUV.

One of the teens lost his life, two remain in critical condition and one is stable at Jackson Memorial Hospital. It is unknown at this time whether the driver, who was also airlifted to the same hospital, will face charges.

Criminal Charges And Liability Unknown

The unfortunate circumstances of this accident may shield the driver from criminal charges and civil liability. If the events were caused by a medical condition over which the driver had no control and had no knowledge or warning of, the likelihood of him facing either is slim. However, while the State Attorneys Office will decide whether he should face criminal charges, they will not make a determination on whether the driver has incurred civil liability. These victims or their loved ones can only make an educated decision as to whether they can pursue a civil action against the driver and his insurance company after they consult a personal injury attorney. They should not accept a determination made by the driver's insurance carrier in this regard, as insurance companies are not there to help innocent victims, but rather, to limit their exposure. Consulting with a personal injury attorney will not cost them money but only a little of their time, since personal injury attorneys in Florida will not charge them unless they win the case.

Continue reading "Four Teenage Pedestrians Struck by SUV in Hialeah" »

Here we go again! Another South Florida pedestrian is struck down by a motor vehicle, this time as he was getting on a public bus.

Elderly Man Hit as He Was Getting on Bus

Although the driver that struck this pedestrian could not drive away in his vehicle, he simply walked off while others helped the victim. The victim was a 91 year old gentleman trying to board a bus. Apparently, the driver lost control of his SUV, went on to the sidewalk and hit the elderly pedestrian. The victim was taken to Jackson Memorial's Ryder Trauma Center, where he remains in critical condition.

Continue reading "One More Pedestrian is Run Over in South Florida" »

Unfortunately, as a recent CBS News article shows, we have had another incident where a local pedestrian has been hit by a motor vehicle, this time while boarding a public bus.

Elderly Pedestrian was Struck When Trying to Board the Bus

Apparently this time the offender could not drive away in his vehicle. That, however, did not stop him from simply walking away while the driver of the bus was calling 911 and commuters got off the bus to help the victim. The pedestrian, a 91 year old man was at the bus stop trying to board the bus when the offender's SUV swerved out of control, jumped the curve and run him over. He remains in critical condition at Jackson Memorial's Ryder Trauma Center.

Continue reading "Another Pedestrian Accident in Miami" »

As dangerous as "blind spots" are when changing lanes in a car, more so are they when changing lanes in a bike. The thundering noises surrounding those who ride in cruisers with an open helmet, as well as the lateral visibility blocked by the closed helmets of those who ride sport bikes, are factors that contribute to accidents that happen when riders change lanes without noticing a vehicle in their blind spots. Hence the need for all (drivers and specially riders) to turn their heads and check for vehicles in those spots before changing lanes.

New Safety Technology

Thankfully, new safety technology for bikers is on the way. According to a recent B.B.C. article, new safety systems that alert riders of vehicles in their blind spots, as well as other hazards, will soon be available in motorcycles. For example, one feature included in these systems warns riders when they are traveling to fast to safely negotiate an upcoming curve.

Continue reading "New Safety Features for Motorcycles" »