Personal Injury

April 8, 2019

Broward County Father and Daughter Killed in Vehicle-Pedestrian Crash on Halloween

Around 7:40 p.m. on October 31, Halloween night, police received a report of a crash near Griffin Road and Davie Road. Carlos Alvarado Amaya, 45, was crossing the street with his two young children when he and one child were struck by a vehicle. His five-year-old daughter was struck by the vehicle and died at the scene. The other child, roughly 2 years old, was taken to a nearby hospital. She suffered a laceration to her head and was reunited with her mother. The father and two children were returning home from trick-or-treating. The driver, a 30-year-old woman, in a silver Cadillac remained on the scene. Police do not yet know if drugs, alcohol, or speed were factors in the accident, though initial appearances indicate they were not. Police do know that Amaya and his children were in a designated crosswalk, but the streetlights were not on and it was a busy street. If you were injured or a loved one was killed in a vehicle-pedestrian crash, do not hesitate to contact our pedestrian accident lawyers from Gerson & Schwartz P.A. We are here to help you determine who is liable for the crash, and when appropriate, pursue compensation for your injuries or loss. Call us at (877) 475-2905 to schedule a free consultation.

Pedestrian Fatalities in Florida and the U.S. Are High

Unfortunately, situations like what happened this Halloween in Broward County are not uncommon. According to the Governors Highway Safety Association, pedestrian fatalities in 2017 hit a 25-year high. Nearly 6,000 individuals were killed. There also had been increases in fatalities for the two years before. Between 2007 and 2016, pedestrian fatalities increased 27 percent. Between 2016 and 2017, 23 states and Washington, D.C. experienced rises in their pedestrian deaths. Twenty other states remained steady or had fewer pedestrian fatalities compared to the year before. Florida is particularly known for its pedestrian dangers. Along with California, Texas, New York, and Arizona, these five states accounted for 43 percent of pedestrian deaths during the first half of 2017. Additionally, Florida has nine of the top 15 most dangerous areas for pedestrians in the U.S., according to a Smart Growth America study. The study, which was released in early 2017, found the 15 most dangerous metro areas for pedestrians were:

February 11, 2019

Construction Worker in Broward County Experiences Traumatic Amputation

by Gerson & Schwartz, P.A.

On November 29, a construction worker in Hillsboro Beach experienced a traumatic workplace accident and injury. The 44-year-old worker was injured at 1007 Hillsboro Mile around 10 a.m. He was working with an industrial auger, which is a tool used to bore holes into the ground. His right arm became trapped in the drill bit, and due to the force of the drill, the auger caused a complete amputation of his right arm below the shoulder, according to Broward Battalion Chief Michael Kane. The injured construction worker, whose name has not been released, was initially taken to Broward Health North. He was in stable condition. Due to the severity of the injury, he was quickly transferred to Broward Health in Fort Lauderdale. It is currently unknown whether physicians were able to reattach the worker’s arm.

If you or a loved one suffered an amputation at work, we recommend you speak with a Miami construction accident lawyer at Gerson & Schwartz P.A. If you or a loved one are covered by workers’ compensation insurance, then this may be your only avenue to medical coverage and wage benefits. However, if you are not covered with workers’ comp like you should be, or if a third-party from outside of your work is responsible for the incident, then you may have a third-party liability claim. We can help you pursue compensation outside of a workers’ comp claim. Contact us online or call (877) 475-2905.

The Risk of Workplace Amputation

January 30, 2019

Miami-Dade Police Officer Caused Fatal Crash, May Face Civil and Criminal Court Cases

by Gerson & Schwartz, P.A.

Miami-Dade Police Officer John Young Song caused a deadly car accident on March 6 at Southwest 260^th Street and 147^th Avenue at approximately 1:30 a.m. Officer Song was placed under arrest for the crash this November and has been charged with vehicular homicide. Reports indicate the officer was speeding, did not have his vehicle’s headlights or siren on, and failed to stop at a stop sign. Miami-Dade Police Spokesperson Lee Cowart said the officer was not responding to a call and was on a routine patrol at the time. Officer Song drove through the stop sign and collided with a white Nissan carrying Emilio Jesus Vizcaino, 45. Due to the various factors involving with the crash, the officer is accused of driving the police vehicle in manner that displayed a willful and wanton disregard for other people and property’s safety. On other words, the officer is accused of driving recklessly. Song will be arraigned for the criminal charges on December 13. However, he may face more than a criminal case. The Vizcaino family have the right to pursue compensation through a wrongful death claim.

If your loved one was recently killed in a car crash that you believe was caused by someone else, we recommend you call our Miami wrongful death lawyers at Gerson & Schwartz P.A. at (877) 475-2905. We will thoroughly review your circumstances and advise you of your right to file a wrongful death lawsuit. If you have a valid claim, we will work hard to obtain a fair settlement for you and your family.

A Wrongful Death Claim Is Separate From Criminal Charges

January 28, 2019

Overturned Crane in Homestead Injures One

by Gerson & Schwartz, P.A.

On Thursday, November 1, a crane overturned in Homestead. The incident took place at a construction site at 1586 NE Eight Street. The Miami-Dade Fire Rescue responded to the incident and reported that one person was injured and taken to Jackson South Medical Center. Initial reports indicated the injured individual was a construction worker. Another crane incident took place the same day in West Miami. Near 8^th Street and SW 63^rd Avenue, a crane became out of control and rotating. Steel cables from the crane became wrapped around power lines, causing a short in the electrical system. While residents were left without power, luckily no one was injured.These two incidents were both extremely dangerous, and crews are lucky that more people were not injured. Unfortunately, injuries and fatalities involving cranes occur each year. If you were injured or a loved one was killed in a crane accident, call our Miami construction accident lawyers at Gerson & Schwartz P.A. at (877) 475-2905.

Crane Accident Statistics

Between 2011 and 2015, there were 220 crane-related deaths, according to the Census of Fatal Occupational Injuries and the Bureau of Labor Statistics. Over this 5-year period, this amounted to an average of 44 deaths per year. Texas saw the most crane-related deaths with 40 between 2011 and 2015. Florida had the third most crane-related fatalities at 11, just behind Illinois’ 12 crane-related deaths. California and Pennsylvania each had 10 crane-related deaths during this time period. A little more than half of the crane-related deaths occurred because a construction worker was struck by an object or piece of equipment. Many of these fatalities were because of a falling object or equipment, more specifically, an object falling from a crane. Additionally, transportation crane accidents and workers falling to a lower level were common.

November 19, 2018

Prepare for Safe Holiday Driving in Miami

by Gerson & Schwartz, P.A.

Florida and much of the south has a distinct advantage when it comes to holiday driving—there is lower chance of bad weather. The temperatures in Miami and around the state fall a little, but not where near the temperatures needed for snow, sleet, and freezing rain, like what is experienced on the east coast and in the Midwest. This lack of severe weather makes it a bit safer to drive around Thanksgiving, Christmas, and New Year’s Day. Unfortunately, these holidays are still known for a high rate of car crashes and fatalities.

As we approach Thanksgiving and the entire holiday season, Florida drivers need to prepare for getting about safely and avoiding crashes. If you are in a collision over the holidays this year, do not hesitate to contact a Miami car accident lawyers at Gerson & Schwartz P.A. at (877) 475-2905.

The Holidays, Drunk Driving, and Car Crashes

November 13, 2018

Broward County Father and Daughter Killed in Vehicle-Pedestrian Crash on Halloween

by Gerson & Schwartz, P.A.

Around 7:40 p.m. on October 31, Halloween night, police received a report of a crash near Griffin Road and Davie Road. Carlos Alvarado Amaya, 45, was crossing the street with his two young children when he and one child were struck by a vehicle. His five-year-old daughter was struck by the vehicle and died at the scene. The other child, roughly 2 years old, was taken to a nearby hospital. She suffered a laceration to her head and was reunited with her mother. The father and two children were returning home from trick-or-treating.

The driver, a 30-year-old woman, in a silver Cadillac remained on the scene. Police do not yet know if drugs, alcohol, or speed were factors in the accident, though initial appearances indicate they were not. Police do know that Amaya and his children were in a designated crosswalk, but the streetlights were not on and it was a busy street.

If you were injured or a loved one was killed in a vehicle-pedestrian crash, do not hesitate to contact our Miami pedestrian accident lawyers from Gerson & Schwartz P.A. We are here to help you determine who is liable for the crash, and when appropriate, pursue compensation for your injuries or loss. Call us at (877) 475-2905 to schedule a free consultation.

September 24, 2018

12-Year-Old Girl Killed in Miami-Dade County Car Crash

by Gerson & Schwartz, P.A.

On Tuesday, September 18, a crash was reported on Northwest 163^rd Street and North Miami Avenue around 8:30 am. Two vehicles, a Nissan Altima and Honda CR-V, collided at the two-way stop. A 12-year-old girl, Carelle Philogene, was pronounced dead at the scene. The young girl was in the Honda CR-V with two adults. Seven others were injured: Durocher Querette, Solange Querette, Milton Vassell Jr., Martin Aristide, Ricardy Thimothee, Wendy Duperat, and an unidentified 6-year-old boy. Multiple adults were reported as being in critical condition. Others suffered minimal injuries and were treated at the scene. Young children are particularly at risk for injury and death in car accidents. If your child was hurt or killed in a collision, contact our Miami car accident lawyers at Gerson & Schwartz P.A. You can contact us online or call (877) 475-2905 to schedule a free consultation.

Children Car Accident Statistics

According to the U.S. Centers for Disease Control and Prevention, 723 children ages 12 years old and younger died in car accidents in 2016. The same year, more than 128,000 young children were injured in crashes. Of the children who died in accidents, 35 percent were not buckled up. They were not wearing seat belts or secured in a proper child safety seat. Also, a CDC study found that in one year, more than 618,000 children younger than 12 years old rode in vehicles without a child safety seat, booster seat, or seat belt some of the time. These children face a significant risk of injury or death if their vehicle is in a collision. Another issue is when car seats are used—but used improperly. The CDC found an estimated 46 percent of car and booster seats are misused, reducing their effectiveness in protecting children during a crash.

August 30, 2018

Homestead High School Student Shandel Mio Killed in Early Morning Crash

by Gerson & Schwartz, P.A.

On Tuesday, August 28, just before 6 a.m., students from Homestead High School were involved in a fatal crash. The accident occurred Near SW 112^th Ave and SW 248^th St, near the Florida Turnpike. The Miami-Dade Police have confirmed that a Scion was driving south on 112^th Ave when the driver veered right onto the dirt shoulder. The driver over corrected and then veered into oncoming traffic. The Scion crashed into an SUV and a Honda Odyssey, which were both headed north on 112^th Ave. The driver and passenger in the Scion, both students of Homestead High School, were ejected from the vehicle. Shandel Mio, 15, was pronounced dead at the scene. He was a freshman at Homestead High School, and he had recently moved to Florida from Peru. The other student was airlifted to Kendall Regional Medical Center. The other vehicle’s occupants were taken to Jackson South Community Hospital with less severe injuries. If you lost a loved one or were seriously injured in a car accident in Miami-Dade, contact Gerson & Schwartz P.A. at (305) 371-6000. We can help.

Pursuing Compensation After a Deadly Crash

After losing a loved one, such as a spouse, parent, or child, in a collision, it is hard to think about money. However, it is an ever-present issue. Following such a loss, your family can be left with many bills, emotional and psychological harm. If your loved one was transported to a hospital after a crash, you may be billed for the ambulance ride and the emergency room visit. Even with health insurance, these can be significant bills.

August 20, 2018

Motorcycle Rider Struck by Vehicle, in Critical Condition

by Gerson & Schwartz, P.A.

On August 10, Russell James Wellington, 59, was struck by a vehicle when riding his motorcycle on U.S. 1. Wellington, a Key Largo resident, was flown to Ryder Trauma Center and in critical condition. He was struck by a Nissan Sentra driven by Ji Young Chung, 42, from Duluth, Georgia. Chung was driving north in the right lane, and Wellington was riding in the inside lane. He did not have on a helmet. Chung attempted to make a left turn onto East Drive. The front left of his vehicle struck the right side of Wellington and his bike. Chung claims he did not see Wellington, and he was cited for making an improper turn. The car that struck Wellington was cited for an improper turn, which is a common factor in motorcycle accidents. Vehicle drivers all too often do not see motorcycle riders, they are too focused on looking for other cars, trucks, and vans. They miss smaller riders who may be less visible in the early morning or at night.If you or a loved one were struck in a motorcycle accident, you should contact an experienced Miami motorcycle accident lawyer at Gerson & Schwartz P.A. at (877) 475-2905. If there is evidence that the other person was at fault, then you may have the right to pursue compensation. An attorney can represent you in seeking compensation through an insurance claim or personal injury lawsuit.

Common Causes of Motorcycle Accidents

Motorcycle accidents are often caused by:

August 13, 2018

School Bus Crashes in Broward County, Injuring 18

by Gerson & Schwartz, P.A.

On Friday, August 3, a “World of Kids Transport” bus crashed on Interstate 595, in Davie, FL. The bus was transporting members of the West Pines Community Church group, who were heading to visit foster children and put on a free car wash. It was to be a day for the teenagers to volunteer in the community. The accident occurred in the eastbound lane, west of University Drive. A bus passenger, Nicole Salomon, said she saw two cars try to cut in front of the bus. Two cars skidded, turning all the way around before colliding with the bus. Ultimately, the crash involved the bus and three other cars. Four adults and 14 minors were transported to Plantation General Hospital and Broward Health medical Center due to minor injuries. The Florida Highway Patrol is investigating the crash, including speaking with witnesses and gathering surveillance footage from nearby businesses. If your child was injured in a bus accident in Broward or Miami-Dade County, do not hesitate to speak with an attorney about your options. Our car-bus collision lawyers at Gerson & Schwartz P.A. are here to review your situation and advise you on your right to pursue compensation. Contact us at (877) 475-2905.

Bus Crash Statistics

The Federal Motor Carrier Safety Administration (FMCSA) gathers statistics on bus accidents along with large truck accidents. Based on the most recent 2016 data, 4,440 large trucks and buses were involved in fatal crashes. The number of buses, specifically, involved in fatal crashes was 227 in 2016, a decrease of 14 percent from 2015. Between 2002 and 2016, on average, inter-city buses accounted for 13 percent of fatal accidents. School buses accounted for 40 percent, and transit buses made up 34 percent of fatal crashes. Thankfully, not all bus accidents are fatal. In 2016, there were an estimated 15,000 injury-causing crashes involving business. These accidents led to approximately 35,000 people suffering injuries.