Articles Posted in Wrongful Death

Drinking and driving is one of the most irresponsible and reckless decisions an individual can make. The risk of causing a catastrophic collision is so high and the ease of calling a taxi cab or using the Uber app to get a ride home is so easy. Simply put, the risk is not worth the ramifications. Unfortunately, not everyone understands the impact of his or her decisions. A recent example our team of Miami car accident lawyers discovered was the heartbreaking loss of a 10-year-old girl who was killed in an accident caused by an intoxicated driver.

The tragic collision involved a drunk driver who neglected to stop at a stop sign and slammed into the passenger side of a Chevrolet. The 10-year-old girl was sitting in the front passenger seat and died at the scene of the collision.

Drunk Driving Accidents are Preventable

A tragic car crash occurred in Miami resulting in the death of one person and serious injuries to seven others. News reports indicate that a vehicle was traveling east on Northwest Seventh Street when a collision occurred at the intersection with 35th Avenue. Two elderly individuals (one of whom passed away later on at the hospital) and six teenagers were involved in this awful wreck. Our team of Miami car accident lawyers are deeply saddened to hear about another preventable car crash in which live were forever changed.

This terrible crash is an example of just how precious life is and the fact that, in the blink of an eye, everything can be turned upside down. Just think, the elderly couple involved in this wreck was simply going about their day. Now, a spouse is dead and the other is left to pick up the pieces.

The six teenagers involved in the crash ranged in age from 17 to 19. Two of the teenagers had to be transported to Jackson Trauma Center due to the severity of their injuries. The students just finished with class at Green Springs High School when the crash occurred, according to 7 News.

Two teenagers from Lakewood Ranch, Florida tragically died after an accident that left their vehicle split in half. One of the teenagers, a 17-year-old boy, was operating a Mercedes when he failed to negotiate a curve and crashed into a tree in the median, according to CBS Miami.

Both the driver and his 15-year-old passenger died as a result of the crash. Our Miami car accident injury attorneys are deeply saddened by this news. Losing anyone in a preventable car accident is a tragedy, but it is especially gut-wrenching when those taken from us are so young.

Florida Highway Patrol officials suspect speed may have played a role in the crash, but continue to investigate. If it turns out that speed was a contributing factor, the family of the 15-year-old passenger may have a basis to pursue a wrongful death claim. This is a claim based upon a state law known as the Florida Wrongful Death Act.  

Construction sites can be extremely dangerous, especially for the workers who are operating in and around the sites on a daily basis. With numerous contractors and sub-contractors at the site, there may be a number of different tasks taking place. Unfortunately, our team of Miami construction accident injury lawyers commonly discover that not all work tasks were being done in accordance with safety standards and protocols at the job site.

Injured on the Job – How to Get Compensated

Injured construction workers are entitled to apply for worker’s compensation insurance. Basically, worker’s comp allows you to receive financial benefits for your lost income while you are disabled and incapable of returning to work, along with reimbursement for medical expenses. In some cases, depending on the severity of the injury, you could be eligible to pursue lifetime permanent disability payments and/or a lump sum settlement.

Far too often, our Miami personal injury attorneys read about a prescription drug causing serious, life-threatening side effects. Unfortunately, Xarelto continues this disturbing trend. Xarelto, manufactured by Johnson & Johnson and its subsidiary Janssen Pharmaceuticals, is a blood-thinning drug approved by the FDA in July 2011. Xarelto is a new type of anticoagulant drug that has captured the US drug market in recent years. Drugs like Xarelto were originally designed as an alternative to Warfarin, a similar blood-thinning medicine that has been in the market since the 1950s. However, recent research shows that Xarelto too, is coming with its fair share of problems.

Xarelto has led to an increased danger of blood clotting related injuries like gastrointestinal bleeding and severe internal hemorrhaging, especially during surgeries or following accidents. Two FDA “boxed warnings” (also known as “black box” warnings) have been prominently included on the drug’s box. One warning informs patients that stopping Xarelto early can increase the danger of building more blood clots. The other warning label states that Xarelto can add to serious head and spinal injuries (epidural and spinal hematoma).  

Xarelto manufacturers have been sued by numerous patients who suffered strokes, pneumonic embolisms, deep vein thrombosis, and heart attacks. Adverse Xarelto side effects can result in extensive hospitalization, lengthy medical bills and considerable time off from work. These damages are recoverable by victim who suffered Xarelto side effects or by the family of a loved one who lost their life due to Xarelto.

As Miami personal injury lawyers with decades of experience handling serious car accident cases, we found the news of a tragic wreck that occurred in Sarasota, Florida truly heartbreaking. A 2007 BMW 750 Li was reportedly traveling northbound on U.S. 301 “at a high rate of speed” at around 2:40 a.m. when the driver failed to slow down while turning right onto University Parkway. The vehicle wound up cutting through the grass along the shoulder of the Parkway and crashed into an embankment. The high rate of speed caused the vehicle to become airborne ultimately coming in contact with a railroad support pole located on nearby railroad tracks. The vehicle then became engulfed in flames.

An innocent passenger’s life was extinguished in the accident. The victim was a Sarasota resident only 40 years young, according to a news report on Patch.com written by Ethan Levine.

Our deepest condolences go out to the victim’s family and friends. Losing someone you love is never easy, especially when the loss is sudden and completely unexpected.

Tragedy struck in North Miami Beach late last month, as a fiery crash claimed the lives of several residents, including a 6-year old girl. According to a CBS Local report, three family members (including the girl and her father) were riding southbound on Okeechobee Road when another vehicle came toward them in the opposite direction. Local authorities report that the vehicle going north was speeding, and the driver eventually lost control. The car careered across the median and hit the family’s vehicle head on. All four people involved in the accident were killed. Our Miami car accident attorneys are prepared to assist the loved ones of anyone that may find themselves in a similar situation.

Damages in Florida Lawsuits: Compensatory or Exemplary

Following tragic Miami car accidents like this one, it is common for civil lawsuits to be filed. These suits seek to hold wrongdoers accountable for the consequences of their actions. In most cases, insurance companies are involved. Miami car accident attorneys often work on behalf of those hurt in their negotiations with those insurance companies, potentially taking the case all the way to a trial if necessary.

Last month, the U.S. District Court for the Middle District of Florida issued a decision in the case of Worley v. State Farm that addressed two incredibly important legal concepts in car accident cases. The first of these two concepts was the presumption of negligence that applies in rear end car collisions, and the second is the principle of comparative negligence. Our Miami car accident attorneys are following the effects closely.

In Worley, the plaintiff was injured in a 2010 car accident when a vehicle driven by the uninsured defendant rear ended her.  The plaintiff claimed that she was stopped at a yield sign when the other driver struck her. The defendant testified, however, that the plaintiff had begun to drive through the intersection when she suddenly stopped, thereby causing the collision.

The plaintiff’s auto insurance provider, State Farm, declined her coverage after determining that the plaintiff was at least partly responsible for the accident.  The plaintiff sued in federal district court and moved for summary judgment, arguing that, under Florida law, she was entitled to a presumption that the defendant driver was negligent in rear-ending her. Florida has adopted a rebuttable presumption that a rear driver’s actions are the sole proximate cause of an accident and any resulting injuries.

A commuter train traveling from the Bronx to Manhattan derailed after traveling over 80 miles per hour while approaching a curvature on the tracks. This fatal train accident resulted in 4 wrongful deaths and at least 67 reported injuries. At only 10 miles away from its NYC destination, the engineer and operator of this train, William Rockefeller, apparently did not activate his brakes in nearly enough time to prevent this catastrophic incident.

So far, there is no evidence of drugs or alcohol. However, driver error, operational negligence and possible track maintenance are all viable causes for this train derailing, killing, or injuring innocent victims. Similarly, in July 2013, a train derailed on the tracks in Spain, due to its traveling at high speeds way above the legal speed limit. Indications that Rockefeller was speeding above and beyond the legal speed limit of 70 miles per hour limit are documented. The rails and tracks were demolished in various sections of the railway, and debris was found scattered around the accident scene. It is being assumed, that this train did not derail, as a result of faulty track conditions, but rather because the driver was not operating at safe speeds necessary to keep it on track. The National Safety Transportation Board will likely take it’s time investigating.

Routine track inspections of these and other tracks were held during the very same week that the accident took place. Reportedly, there were no known defects or problems cited. In this case, the final destination, Grand Central Station was never reached that day, and commuters on this train were so shocked by the impact that they were unclear about what was happening at the time. The New York Metro-North Hudson line maintains that this particular train was sufficiently maintained. Thus, fingers are being pointed at the engineer, Mr. Rockefeller, himself.

Earlier this month, the National Highway Traffic Safety Administration (“NHTSA”) issued a press release discussing an analysis of the Administration’s 2012 Fatality Analysis Reporting System (“FARS”) showing that the number of deaths occurring from U.S. highway accidents increased from 2011 to 2012.

According to the numbers, highway traffic fatalities increased a little over three percent (3.3%) from 32,479 in 2011 to 33,561 in 2012. Almost three-quarters (72%) of the increase occurred in the three months of the year and mostly involved motorcyclists and pedestrians. Unfortunately, the increase marks a reverse in the recent downward trend in highway fatalities, which have been decreasing since 2005, and have remained at historic lows for the last five years. 2011 deaths were the lowest number since 1949.

NHTSA has estimated that fatalities for the first half of 2013 will be lower than those that occurred during the same time period in 2012. NHTSA maintains that, although motorists spent a similar amount time on the road in 2011 and 2012, the following statistics demonstrate a disturbing problem with the safety of America’s roadways: The fatality rate for occupants of large-trucks went up 8.9% from 2011, an increase for the third consecutive year.

Contact Information