Personal Injury

March 21, 2012

Florida East Coast Railway Train 210 Kills 2 In Same Day, Personal Injury Lawyer Says Thorough Investigation Needed

A Florida East Coast Railway train struck and killed 2 people in entirely different incidents. Jonathan Adario was killed when Florida East Coast Railway Train 210 hit him at a crossing in Fort Lauderdale. It was reported that Adario was laying on the tracks. But, Miami personal injury lawyer Nicholas Gerson who handles train accident cases says these initial reports don’t often tell the entire story. We find that the reports are usually self sevring statements from train crew and not always based on idependent witnesses. Oddly enough, the same train just 10 hours later struck another man in St. Augustine and suicide is also being looked into. Where is the suggestion that the train crew or railroad were negligent said Nicholas I. Gerson of Gerson & Schwartz, PA . Gerson says that many times in train accident cases the police reports over look negligent acts of the railroad and their crew. The reports are often written favorably towards the train operators like CSX and Florida East Coast.

Its too early to tell. We will have to wait to see what the black box and other data can be retrieved. Gerson says that in many cases he sees the police reports will often say that a car ran into the path of an oncoming train suggesting the car but not the train was to blame. But is some cases Gerson has handled important facts such as whether the automatic crossing gates were operating are not mentioned anywhere.

March 19, 2012

At Last, Cruise Ship Drills Will Take Place Prior to Departures

by Gerson & Schwartz, P.A.

The US, European, and UK based Cruise Industry Associations have finally signed a policy stating that muster drills must take place prior to departure. Following the devastating cruise ship accident crash of the Costa Concordia last January, wherein 23 cruise ship passengers were found dead, scores of injuries, and 7 others are still missing concern about how the evacuation process was handled emerged. 6 weeks later, a second disaster occurred on board the Costa Allegra during an engine fire, disabling the ship and leaving its’ passengers stranded in the Indian Ocean. Again, questions arose about why there was such mass chaos on board during these emergencies.

Since, cruise ship laws did not require that passengers be briefed immediately before the ship sets sail, many on board the Concordia and Allegra cruises were never informed about how to proceed when a true emergency occurred. The main reason why in the case of the Concordia, was because almost 700 new passengers boarded the ship after it had been sailing for 3.5 hours. However, the next briefing was not scheduled to take place until the next day.
Miami Martime and personal injury lawyer Philip m. Gerson of Gerson & Schwartz, PA says “its about time the cruise lines start taking a more proactive approach towards passenger safety.” In fact, the U.S Cruise Lines International Association, Passenger Shipping Association, and the European Cruise Council have all agreed to a new policy which requires every cruise ship in the world to conduct safety drills within 24 hours of embarkation. Stricter policies, are currently in place, and were implemented by the International Maritime Organization. Consequently, if a passenger is unwilling to participate in these safety drills or briefing he or she will be asked to leave the ship immediately. Passengers are told all of this during the pre- drill announcements.

March 12, 2012

Indian Rocks Beach Man Killed Following Nighttime Personal Watercraft Accident

by Gerson & Schwartz, P.A.

An Indian Rocks Beach man was killed this weekend following a nighttime personal watercraft crash. 40-year-old Victor Vazquez was thrown into the Intracoastal Waterway near the Belleair Causeway after the boat he was riding in hit an unidentified object in the water Saturday night. The damaged boat was piloted by 34-year-old Robert W. Turnbull of Seminole who was also thrown into the water approximately one mile from shore.

Although both men were apparently wearing life vests, Vazquez was found unconscious in the water immediately following the crash. Turnbull reportedly made unsuccessful attempts to resuscitate Vazquez on the way back to shore and again once they reached land. Emergency crews called to the scene performed CPR, but also failed to revive Vazquez. Turnbull received only minor injuries in the accident. Authorities took blood samples to determine whether he was under the influence of alcohol or drugs at the time of the accident.

Despite that a full moon lighted the Intracoastal Waterway over the weekend, it is unlawful to pilot a personal watercraft in Florida at night. Vazquez’s death is at least the second nighttime personal watercraft fatality in the area this year. In January, a man was killed and a woman injured when their personal watercrafts collided in the dark around 3 am near Hillsborough County. In that accident, neither party was wearing a life vest.

Florida has more registered boats and more boating related accidents than any other state. Boating accidents of any kind have the potential to result in serious injury and even wrongful death. The most common cause of death related to a boat accident is drowning. Boat accidents are often the result of negligence, impairment, operator error, speeding, inattentiveness, and operating during inclement weather. Fortunately, most recreational boating accidents are completely preventable.

There are two types of damages available to an individual who was injured in a boating accident due to someone else’s negligence in Florida. Economic damages include medical expenses and loss of income and earning capacity. Non-economic damages consist of compensation for suffering, pain, psychological trauma, disfigurement, and loss of enjoyment of life. Sometimes, punitive damages may be awarded where evidence of gross negligence or disregard for the life and safety of another person exists. A qualified Florida personal injury attorney can help you assess your claim.

February 13, 2012

FWC Expected to Investigate Melbourne Airboat Crash That Injured 4 People

by Gerson & Schwartz, P.A.

MIAMI, FL—A violent airboat crash on the St. John’s River in Melbourne, Fla. left four accident victims with various injuries. According to information provided by the Brevard Times, the boating accident appeared to have occurred in close proximity to the Sweetwater Boat Ramp on the evening of Feb. 7.

A boater called 911 after the airboat he/she was on struck a tree on the St. John’s River at approximately 7:12 p.m. Reports indicated one of the four boaters involved in the watercraft accident—a man in his 50s—was ultimately ejected from the airboat, which flipped over on impact of the tree. That man was said to be the most seriously injured victim.

Officials and personnel from the Florida Fish & Wildlife Conservation Commission (FWC), Brevard County Sheriff’s Office, and Camp Holley Fish Camp made use of airboats to respond to the scene of the boating accident. Four airboat crash victims were transported to Melbourne-based Holmes Regional Medical Center to be treated for their injuries.

Statistical data provided by the U.S. Coast Guard (USCG) and Florida Fish and Wildlife Conservation Commission (FWC) indicated 668 boat accidents occurred during the year 2010. Those boat crashes and accidents resulted in 79 boating deaths and 389 injuries. Statistics suggest Florida has more boating accidents than any other state in the nation.

January 16, 2012

Costa Concordia Accident is Inexcusable

by Gerson & Schwartz, P.A.

The cruise ship accident this past weekend aboard the Costa Concordia is inexcusable. With modern technology including sonar and GPS which average people have in their cell phones and recreational boaters almost universally use it is extraordinary and gross negligence for a professional sea captain, with thousands of lives in his hands to make errors which would cause a cruise ship with state of the art navigational tools, run aground. What is even more remarkable about this cruise ship accident is that this could happen in familiar waters just hours from one of the major cruise ports in the world. It is criminal that a captain would leave defenseless passengers and crew behind to avoid injury to himself.

January 4, 2012

Oakland Park Motorcycle Crash Results in New Years Death of Veteran BSO Deputy

by Gerson & Schwartz, P.A.

MIAMI, FL—A 10-year Broward County Sheriff’s deputy lost his life in an off-duty motorcycle accident in Oakland Park on New Years Day, according to information provided by WSVN. Reports appeared to suggest the off-duty BSO deputy suffered fatal injuries upon colliding with a vehicle at the intersection of Commercial Boulevard and Northeast 3rd Street.

John Blackwelder, a 45-year-old father of two and 10-year veteran of the BSO, was riding his motorcycle along westbound Commercial Blvd. when Stanjka Vangov—the driver of an unspecified vehicle—attempted to make a last-minute turn onto NE 3rd St in Oakland Park.

According to Sheriff Al Lamberti of the Broward Sheriff’s Office, “He attempted to avoid vehicle, but unfortunately he couldn’t… But again, a very, very tragic day for us at the Broward Sheriff’s Office.”

While Vangov seemed to have escaped injury in the Oakland Park traffic crash, the off-duty BSO officer was not so fortunate. Blackwelder succumbed to his traumatic injuries at the scene of the deadly motorcycle wreck.

Vangov told reporters, “I said, ‘My God, I think I could make it, to cross, and I don’t make it… He hit my right back door. ‘Boom!’ Like explosion… Of course I wish, I wish I never get out of house today. I wish I never get out of house. That’s how I feel.”

“I’m really sorry what’s happened- person lose life. I’m really sorry,” the driver added.

Jeffrey Sheets evidently spoke to WSVN reporters at the scene of the fatal motorcycle accident and was quoted saying, “They don’t look out for us guys on motorcycles. All it takes is a just a second to look to see us… People just absolutely pull right out in front of us…. We sat and we prayed for him, because it was the best we could do.”

According to statistics provided via the Fatality Analysis Reporting System (FARS), which was created by the National Highway Traffic Safety Administration (NHTSA), a total of 4,595 motorcycles were involved in fatal traffic accidents throughout the nation during the year 2009. Of those motorcycles, 431 were involved in fatal Florida crashes.

BSO detectives are expected to conduct a full investigation into the fatal traffic accident. No charges have been filed as of yet.

About the Florida motorcycle accident lawyers at the Miami injury law firm of Gerson & Schwartz, P.A.
Every personal injury law firm has experience handling car accident and motor vehicle collisions. We do too. Our experience spans 37 years with significant results at both the trial and appellate levels. We have successfully represented injured drivers and passengers in virtually every imaginable car or auto accident scenario. From head on collisions, rear end collisions, drunk driving cases, motorcycle crash cases. Our firm also has extensive experience handling more complicated automobile and car accident cases, which may include product liability claims like defective design and other auto manufacturing defects.

The Miami injury law firm of Gerson & Schwartz, P.A. is at the forefront in its creative use of video, animated accident reconstruction and computer graphics. The firm’s use of advanced technology is just one of methods it uses to bring about just and successful outcomes for car, auto, and other motor vehicle accidents claims.

If you or a loved one has been injured in a car, auto, or motorcycle accident contact a Miami car accident lawyer for a free consultation. Call us at 305-371-6000 or email us at info@gslawusa.com

December 28, 2011

Two Hit-and-Run Drivers Remain At Large Following Deadly NW Miami-Dade Pedestrian Crash

by Gerson & Schwartz, P.A.

MIAMI, FL—Two of three motorists involved in the horrific Dec. 26 northwest Miami-Dade crash that claimed the life of a pedestrian subsequently fled the scene, CBS Miami reported. The hit-and-run victim, whom is both a father and a grandfather, was pronounced dead at the scene of the violent traffic accident.

According to Javier Baez of the Miami-Dade Police Dept., a 2008 Nissan Altima struck 48-year-old Ismael Cruz-Pratts as he was crossing N.W. 17th Avenue at the intersection of 114th Street in northwest Miami-Dade County.

Although that driver stopped at the scene and attempted to get out of his/her vehicle to help the injured pedestrian, two oncoming vehicles—described by witnesses as a red Honda and a dark-colored Cadillac— also went on to hit him. Those drivers, however, failed to remain at the scene of the injury accident, as required by Florida law..

• Under section 316.027 of the Florida Statutes, “The driver of any vehicle involved in an accident resulting in injury of any person must immediately stop the vehicle at the scene of the accident, or as close thereto as possible, and must remain at the scene of the accident until he has fulfilled the requirements of s. 316.062 [see below]. Any person who willfully violates this paragraph is guilty of a felony of the third degree.”

Florida Statute 316.062— Duty to give information and render aid.

Requires the following:

1. Name of driver.
2. Address of driver.
3. And the registration number of the vehicle he is driving.
4. And shall upon request and if available exhibit his license or permit to drive, to any person injured in such accident or to the driver of occupant of or person attending any vehicle or other property damaged in the accident.
5. All of the above information is required to be given to any police officer investigating the accident.
6. Driver shall render to any person injured in the accident reasonable assistance, including the carrying, or making arrangements for the carrying, of such person to a physician, surgeon, or hospital for medical or surgical treatment if it is apparent that treatment is necessary, or if such carrying is requested by the injured person.

[SOURCE: Florida Department of Highway Safety and Motor Vehicles]

Cruz-Pratts ultimately succumbed to his injuries at the scene of the Miami crash. “He’s the father of three girls, he’s got various grandkids… It’s a shame that somebody is going to hit and leave him there and he’s dead,” Cruz-Pratts’ friend Lilly Franqui told reporters. ”Please turn yourself in… Or if you have any information please contact the police department. I’m pretty sure those little girls and those grandkids would appreciate it,” she added.

Nearby residents also told reporters that the street where the fatal pedestrian accident occurred lacks adequate lighting. “It’s been three weeks, people been reporting the lights, the lights, the lights… It took death to, maybe tonight, we’ll have some lights,” resident George Natar told CBS Miami reporters.
Investigations into the pedestrian death are underway as Miami-Dade Police continue their search for the two negligent drivers who sped away from the scene of the unfortunate South Florida collision.

December 15, 2011

Miami-Dade Police Officer Hospitalized Following Florida Turnpike Crash With 18-Wheeler

by Gerson & Schwartz, P.A.

MIAMI, FL—An officer with the Miami-Dade Police Department suffered unspecified injuries when his cruiser rear-ended a big rig along the southbound Florida Turnpike early Thursday, the Florida Highway Patrol reported. According to information provided by the Miami Herald, the police-involved 18-wheeler accident occurred in close proximity to Kendall Drive in Miami-Dade County around 2:30 a.m.

Reports indicated a Miami-Dade police officer was traveling south on the Florida Turnpike when his patrol car slammed into the back of an 18-wheeler. Responding Miami-Dade Fire Rescue personnel were forced to extricate the injured police officer, whom authorities have yet to identify, from his wrecked cruiser before they could transport him to Kendall Regional Medical Center for treatment.

While FHP troopers told reporters the Miami-Dade officer was hospitalized in stable condition, the extent of his injuries remained undisclosed. Willis Butler, who was driving the 18-wheeler at the time of the Florida Turnpike crash, managed to escape injury in the South Florida collision.

MDPD spokesman Javier Baez told reporters, “All we know is that he was going Southbound on the Turnpike when the vehicles collided… The other driver is fine, the rest is under investigation.”

In Jan. 2011, the National Highway Traffic Safety Administration released findings from a study concerning crash-related law enforcement fatalities. According to that study, Florida ranked sixth in the nation for crash-related law enforcement deaths.

About the Miami Injury Lawyers and Accident Attorneys at Gerson & Schwartz, P.A.
Every personal injury law firm has experience handling car accident and motor vehicle collisions. We do too. Our experience spans 37 years with significant results at both the trial and appellate levels. We have successfully represented injured drivers and passengers in virtually every imaginable car or auto accident scenario. From head on collisions, rear end collisions, drunk driving cases, motorcycle crash cases. Our firm also has extensive experience handling more complicated automobile and car accident cases, which may include product liability claims like defective design and other auto manufacturing defects.

The Miami accident attorneys of Gerson & Schwartz, P.A. is at the forefront in its creative use of video, animated accident reconstruction and computer graphics. The firm’s use of advanced technology is just one of methods it uses to bring about just and successful outcomes for car, auto, and other motor vehicle accidents claims.

If you or a loved one has been injured in a car, auto, or motorcycle accident contact a Miami car accident lawyer for a free consultation. Call us at 305-371-6000 or email us at info@gslawusa.com

November 22, 2011

Construction Worker in Custody Following “Accidental” Shooting That Killed Fellow Employee at Work Site

by Gerson & Schwartz, P.A.

MIAMI, FL— November 22, 2011 – A construction employee was pronounced dead after he reportedly sustaining a gunshot wound at a Miami work site on the morning of Nov. 21, according to information provided by NBC Miami and WSVN. While the fatal shooting appeared to be accidental in nature, officials from the Miami Police Department have since taken the construction worker who was holding the gun at the time into custody.

Police reports seemed to suggest a group of unidentified construction employees were looking at and passing around a firearm when it discharged a bullet, consequently striking one of them. Although paramedics rushed the injured worker to Miami’s Jackson Memorial Hospital following the construction site shooting, his injuries ultimately proved fatal at the medical center. Officials have yet to release the shooting victim’s identity.

After speaking with the employees who were present at the time of the Miami shooting, detectives took into custody the worker who somehow “accidentally” pulled the trigger. That man, who remains unidentified, appears to be facing charges in connection with the deadly incident. The construction site where the fatality occurred is apparently situated in the 700 block of Northeast 85th Street.

According to Detective Willie Moreno of the Miami Police Department, “This individual produced a firearm in a playful manner, according to what we have up to now, and this firearm did discharge… Now, he struck another co-worker who is the one that has been pronounced dead.” Investigations into the fatal Miami shooting are underway.

November 1, 2011

Two Miami Residents Killed in Homestead Plane Crash; Miami-Dade Police, NTSB, FAA to Investigate

by Gerson & Schwartz, P.A.

MIAMI— November 1, 2011 – Both local and federal authorities are investigating an unfortunate plane crash that occurred in southwest Miami-Dade County and resulted in two fatalities on Oct. 29, according to information provided by WSVN and the Miami Herald. Two Miami residents, a male pilot and his female passenger, were killed when the single-engine plane they were riding in crashed in Homestead for unknown reasons.

Reports indicate pilot Rick Blanco and passenger Andra Bronnenberg were the sole occupants aboard an InterPlane Skyboy ultralight aircraft that was flying above a private airstrip in Homestead when something went horribly wrong. According to National Transportation Safety Board spokesman Jose Obrejon, “Someone actually saw the airplane fly and then go into a spin” before smashing into the private airfield.

Blanco, whom was said to have been an experienced pilot, and Bronnenberg were pronounced dead at the scene of the violent South Florida aviation accident, which occurred in close proximity to Southwest 221st Avenue and 202nd Street in Miami-Dade. Reports noted that the pilot was a member of an unspecified flying club and was attending the club’s annual celebration when the fatal Miami accident occurred.

Officials from the Miami-Dade Police Department, National Transportation Safety Board and Federal Aviation Administration (FAA) are investigating the deadly plane crash.