Wrongful Death Lawyer Blog

The South Florida hit and run epidemic continues, this time claiming the life of an innocent 5 year-old girl riding her tricycle in front of her trailer home. Thankfully, those responsible for her death have been arrested by police.

According to sun-sentinel.com, 5 year-old Yanelle Lucero was riding her bike on Sunday afternoon when she was struck by a 1997 GMC Van driven by Erik Garcia, a Mexican citizen who has been charged with failure to remain at the scene of an accident involving death, failure to use due care while operating a vehicle and driving without a drivers license.

Apparently, the accident occurred within the confines of the Pan American mobile home park where the victim lived. According to witnesses, the van was going fast, despite the posted limits and speed bumps typically present in trailer parks.

Police also arrested Pompano Beach resident Mario Argumedo in connection with the accident. Mr. Argumedo, who was initially a passenger in the GMC Van, lent it to Mr. Garcia, despite knowing that his friend did not have a valid drivers license.

Not Enough Sympathy to Stick Around

Police say that after seeing what happened, Mr. Argumedo carried the little girl back to her mother and insisted that she take the child to the hospital herself instead of calling rescue personnel, allegedly because it would take emergency services too long to get there. Also thinking that she could get help faster, the victim's mother, Katherine Diaz, put the child in her own car and took off. While on their way to the hospital, Ms. Diaz pulled to the side of the road and called Fort Lauderdale fire rescue. Unfortunately, by the time they arrived at Broward General Medical Center, Yanelle was dead.

Despite his apparent gesture of sympathy for the victim, Mr. Argumedo did not hesitate to drive away in the van, which is why he has been charged with leaving the scene of a crash involving a death, tampering with evidence and allowing an unlicensed driver to operate a vehicle in his possession.

Continue reading "Two Men Arrested for Hit and Run Death of Girl From Fort Lauderdale " »

Unfortunately, it seems like every other day we have a hit and run accident that costs the life of a pedestrian crossing our roads. Not too long ago I wrote in this blog (post published 05/29/2011) about statistics that place some Florida cities among the most dangerous for pedestrians in the country.

According to those statistics, the Orlando - Kissimmee metro area is the deadliest metro area for pedestrians in the United States with 550 pedestrians killed in the last decade alone. Tampa - St. Petersburg - Clearwater follows as number 2; with Jacksonville as number 3 and Miami - Ft. Lauderdale - Pompano Beach as number 4. Not surprisingly (at least not to me), Florida was the State with more cities on the list. Our benevolent climate, I believe, is one of the reasons for the preceding statistics: it prompts more people to walk or ride than the colder weather of our Northern states.

I do not have statistics of how many hit & run accidents occur per city in our country. However, I cannot help but wonder if my loved ones and I live in the hit & run capital of the World. Maybe...

One More Hit & Run In Miami

Just a couple of days ago, 22-year old Luis Castilla was charged with the deadly hit and run accident that killed 79-year old Delia Temoche while she was crossing 7th Street at the 8200 Block. According to cbslocal.com, Mr. Castilla not only did not stop to aid the victim or wait for police: he drove all the way to Hialeah and called police to report (together with his companions) that they had been the "victims" of a hit & rum accident involving another vehicle...

Police believe that "Castilla & Associates" were trying to establish an alibi for his participation in the events that took the life of Delia Temoche. Thankfully, police had no trouble connecting the extensive damage to the front of Mr. Castilla's vehicle to the accident that killed Ms. Temoche. Mr. Castilla had warrants out for his arrest for reckless driving, DUI with property damage, DUI and driving with an expired license.

Safer Roads for Cyclists and Pedestrians in Miami

On a very related note, the unfortunate death of cyclist Aaron Cohen on the Rickenbacker Causeway a few weeks ago (and the subsequent public outcry for safer roads for cyclists), has prompted Miami-Dade County officials to undertake a few "quick-fixes" to improve riders safety at the causeway, like lowering the speed limits, having more police vigilance and setting "buffer zones" to better separate bicycle and car lanes. Mr. Cohen died at the hands of another driver with a suspended license and a reported drug history.

Yet, the problem is not limited to the Rickenbacker Causeway or to cyclists. According to the Alliance for Biking and Walking, a national advocacy group, Florida is the worst state for bicyclists and pedestrian fatalities and Miami is close to becoming the worst city in the country for bicyclists and pedestrian deaths. Traffic reports by the Florida Department of Transportation tell a deadly tale caused by speeding cars, drivers in too much of a hurry taking unnecessary risks and a ferocious competition for the available road space.

Other Florida cities are creating a safer and healthier environment by lowering (and enforcing) speed limits; improving bicycle ways throughout the county; widening sidewalks and narrowing traffic lanes to slow traffic; creating special signals and other improvements to help pedestrians cross the street and what is perhaps most important; building a more efficient and convenient public transit system that reduces the number of cars on the road, relieving congestion and giving people transportation alternatives that free them from their cars. Let's hope that Miami Dade County follows suit soon and that by doing so we can stop (or at least slow down) the onslaught.

Continue reading "South Florida: Hit & Run Capital of the World?" »

South Florida roads continue to be a very hazardous place for anyone not actually inside a vehicle. And I don't mean pedestrians, who at times have seemed to be a favorite target... I mean any unfortunate driver that suffers a mechanical breakdown or an accident. Last weekend three people lost their lives when they were struck by another vehicle passing by where their damaged vehicle was stopped, according to the SunSentinel.com.

Good Samaritan Losses His Life Too

On Saturday, two 22 year old young ladies, Cheresa Nave and Megan Kea, suffered a minor single car accident when they hit a tree at about 4:30 a.m. Subsequently, 24 year old Andrew Edmond, a good samaritan, stopped to offer assistance. Shortly thereafter, the three were struck by a passing vehicle. Kea was killed at the scene, while Nave and Edmond died later at Broward General.

Continue reading "South Florida Roads Not A Good Place For Anyone Not In A Car" »

According to a study cited by USA Today, the Orlando - Kissimmee metro area is the deadliest metro area for pedestrians in the United States with 550 pedestrians killed in the last decade alone.

Four Other Florida Cities Top The List

The study by Transportation for America, a safety advocacy coalition, only included cities with more than one million inhabitants. Florida was the State with more cities on the list with Tampa - St. Petersburg - Clearwater as number 2; Jacksonville as number 3 and Miami - Ft. Lauderdale - Pompano Beach as number 4.

Continue reading "Orlando Is The Most Dangerous City For Pedestrians In The United States" »

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" »

Our client was riding his bicycle in the street with the flow of traffic, when he was runned over by a driver backing her SUV out of her driveway in Plantation. The driver of the SUV negligently failed to yield to the victim, a sixty year old Broward business executive who likes to exercise on his bike everyday. She backed out of her driveway without properly looking back and struck him. Our client was rushed to Broward General Hospital, where he was seen in the emergency room for his multiple injuries, which included a fractured jaw, a closed head injury, a derangement of the left knee, as well as other back and neck injuries. He was admitted to the hospital that same day and had to undergo surgery under general anesthesia, where plates and wires were inserted. Luckily, the rider was wearing an approved bicycle helmet.

Bicycle Accidents are Common and Frequently Deadly

Unfortunately, accidents involving motor vehicles and cyclists of all ages are very common and, given the lack of protection that bicycles afford riders, often deadly. The last five year bicycle fatality report issued by the Florida Department of Highway Safety and Motor Vehicles shows that 512 people died in bicycle accidents in this State between 2000 and 2004. The same report shows that 23,842 people suffered injuries in bicycle accidents in Florida during that period.

Continue reading "Business Executive Run Over by SUV While Riding His Bicycle" »

An elderly woman was killed early this morning when an SUV struck her while crossing the intersection of Melaleuca Lane and Wiggins Road in Lake Worth. The victim, Fatemeh Kazemishahmirzadi, had just crossed in front of a vehicle in the lane closest to the median when she was hit by the vehicle in the next lane, apparently because the driver did not see her.

Under Florida Law, motor vehicles must yield to pedestrians, specially when the latter are crossing at an intersection. This rule applies whether the crossing is marked or not. However, such is not the only factor considered when determining who was at fault in accidents like this and the investigation continues to find facts, like whether the light was green and/or whether the driver could have seen the pedestrian.

According to the Florida Traffic Crash Statistics issued by the Florida Department of Higway Safety and Motor Vehicles, pedestrians between the ages of 75 and 84 account for 22.22 percent of all pedestrian fatalities that occurred while the pedestrian was crossing at an intersection in this State.

Continue reading "Woman killed in pedestrian accident in Lake Worth" »