Car Accidents

October 25, 2012

Car Accident Killing One and Critically Injuring 4 Others while Waiting for a Bus

According to the Miami Herald, a woman lost her life after a man recklessly drove his car into a Miami Gardens bus bench yesterday around 4 pm. 4 other people were seriously injured while waiting for the bus at Northwest 199th Street and Second Avenue. The driver who was speeding lost control of his vehicle and literally plummeted directly into the bus bench without even breaking.

One woman, Delia Tafur, wound up having both of her legs amputated. A second woman Wendy Vaszuez, 44, endured severe trauma to the head. Mary Smith, died at the scene, and two teenagers, ages 16, suffered fractures throughout their entire bodies. The name of this driver is still unknown and an investigation is pending. It will be interesting to find out if this driver was driving under the influence of drugs or alcohol or what is past driving record reveals about him.

Car accident attorneys are hired by victims’ families such as these to represent them in a court of law and to seek damages for their physical and emotional losses. Automobile collisions are one of the most common causes of personal injury and wrongful death in Florida. Car accidents can result in multiple kinds of injuries, leaving individuals disabled for a lifetime. Tragically, a car accident can result in the loss of life of a loved one.

September 12, 2012

Drunk Drivers Suffer Consequences for Driving Under the Influence

by Gerson & Schwartz, P.A.

A drunk driver, with his one year old child in the back seat, was arrested after being stopped by Boynton Beach police. Driving in the bicycle lane on North Federal Highway, Yair Espinsosa had a suspended license. His only identification was a Mexican passport. (sunsentinel.com) After police pulled Espinosa over, they found a bag of cocaine, as well as several open beer bottles.

In the state of Florida, drunk driving is a very serious offense. The legal blood alcohol level in Florida for drivers is .08%. Moreover, drivers are required to sign an “Implied Consent” when they sign their driver’s license. This law mandates that one has agreed to take drunk driving tests, if requested to do so. In Espinosa’s case, he refused the roadside sobriety test. Nevertheless, he later blew a .227 on a breath alcohol test which is almost three times the legal limit. Espinosa was transported to the Palm Beach County Jail; where, he still remains. He could not post the bail amount of $10,050.

The legal ramifications for drinking and driving are severe in the State of Florida, and laws vary depending on the age of the driver. For instance, there is a “Zero Tolerance Law” which applies to all individuals under the age of 21. According to this law , drivers who are found to have a blood alcohol level of .02% or higher are subjected to harsh penalties, including jail and a suspended license for 6 months.

July 11, 2012

July 4th Weekend Car Crashes Shock the City of Miami: DUI Manslaughter Charges to Follow

by Gerson & Schwartz, P.A.

Last weekend, 7 people died in two fatal car accidents in the city of Miami, including a 13 year old girl, a 14 year old boy, a 50 year old woman, and a 22 year old man. In one accident, the driver of a minivan lost control of his vehicle while suffering a heart attack at the wheel . His van spun out of control, as a Miami Marlins game was ending, striking down an entire family who was leaving the game and walking back to their home in Little Havana. All individuals involved were pronounced dead on arrival at Jackson Memorial Hospital, with the exception of a 10 year old girl who was in critical condition.

On the same day and nearly at the same time, two victims were killed by a drunk driver after eating at a popular restaurant called Jumbo’s in Liberty City. Wilton Harris, 60, and Al Jo Hamlin, 61, were both church leaders and highly respected individuals in their communities. The senseless of this tragedy has left a community searching for answers about why someone would risk his life and those of others, by getting behind the wheel of a car while intoxicated. A third victim involved in a deadly accident last weekend was a 22 year old unidentified man. He was struck down by a wreck less driver named Kevin Singh. Singh’s car spun out of control, hitting a curb and crashing into a utility pole in Pembroke Gardens. Singh did not suffer any critical injuries, but caused an innocent victim to die due to his gross negligence.

July 3, 2012

Four Dead Following Pedestrian Accident Near New Marlins Baseball Park

by Gerson & Schwartz, P.A.

Last weekend, three family members visiting from Georgia were killed and another was critically injured when the driver of a minivan allegedly lost control and ran them down on a sidewalk in Little Havana. The family was reportedly walking to their vehicle following a baseball game at the new Marlins baseball park when the van suddenly swerved, jumped the curb, drove through metal handrails, and hit them. Following the crash, 53-year-old Esther Terrero de Diaz, 14-year-old Franklin Diaz, and 13-year-old Adriana Diaz were taken to Jackson Memorial Hospital where they were pronounced dead. 10-year-old Magdeline Diaz was also taken to the hospital where she remains in critical condition. A relative of the family killed escaped serious injury, but was later hospitalized after he was reportedly overcome with grief.

Police believe the driver of the minivan, 67-year-old Raul Herberto Ortega, suffered a medical emergency behind the wheel. According to Ortega’s neighbor, the man suffered a fatal heart attack prior to the crash. A passing bicyclist was also allegedly hit by the minivan, but was not seriously injured.

Unfortunately, car accidents are one of the most common causes of personal injury and wrongful death in the State of Florida each year. A car, motorcycle, or truck accident often occurs when you least expect it. When a pedestrian is struck by a motor vehicle, a wide range of complex injuries and lifelong disabilities may result.

Pedestrian accidents like this one are all too common in Florida. Although most pedestrian accidents are caused by a careless, distracted, or intoxicated driver, other causes such as poor weather conditions or a medical emergency are also possible. If you were hurt or lost a close relative in a pedestrian or other accident, you may be eligible to receive damages for your medical expenses, lost wages, lost earning capacity, temporary or permanent disability, suffering, pain, and funeral expenses. Contact a qualified Miami personal injury attorney to help you file your claim.

June 15, 2012

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

by Gerson & Schwartz, P.A.

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.

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

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.

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.