Miami Accident Lawyer Blog

January 30, 2019

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

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.

October 22, 2018

Miami-Dade Transit Metrobus Crashes into Building in Little Haiti, Injuring 10

by Gerson & Schwartz, P.A.

In mid-September, a Miami-Dade Transit Metrobus was involved in a collision with a pickup truck at Northwest 54^th Street and Second Avenue. The bus was headed north on Second around 9 a.m. when it collided with a Ford Ranger. The crash led to the bus diverting off the road and running into a clothing store, Omega Fashions.The incident led to a significant amount of property damage and injuries. The bus crushed two support columns for the 1926 building. This caused there to be significant delays in removing the bus from the Little Haiti building. The two individuals in the pickup truck were taken to Ryder Trauma Center at Jackson Memorial Hospital. The driver of the bus and seven passengers were also taken to the hospital with non-life threatening injuries. Police are investigating the crash. Initial witness reports state the pickup truck was speeding and the bus did not have time to avoid a crash. If you were involved in a crash while riding a public transit bus, contact our experienced Miami bus accident lawyers at Gerson & Schwartz P.A. We will carefully review your situation and advise you on the best next steps. When someone else was at fault for the accident and your injuries, we can help you pursue compensation. Call us at (877) 475-2905 to schedule a free consultation.

Pursuing Compensation After a Crash

If you or a relative were harmed in a bus crash, you should speak with an experienced injury lawyer as soon as possible. You may face a complicated insurance process, dealing with complex legal issues, and will benefit from having a lawyer communicate with the insurer’s representative while fighting for your rights and to seek the maximum amount of compensation that the law permits for you.

October 8, 2018

Road Rage Incident in Broward County Leads to Rollover Crash

by Gerson & Schwartz, P.A.

On October 1st, one driver to offense to another person’s driving and caused a serious crash. On Northwest 46^th Avenue, in Lauderhill, Florida, one driver claims another cut him off. The offended driver decided to follow the other vehicle in order to record his license plate. However, in his pursuit, he clipped the other vehicle. This led to a crash, which included one of the vehicles rolling over. The vehicles came extremely close to colliding with a home. Both drivers were cited for traffic violations and walked away with minor injuries. This is a lucky result—road range incidents often result in more significant crashes and injuries.

If you were injured in an accident that you believe was caused by the other driver’s road rage, call an experienced car accident lawyer at Gerson & Schwartz P.A. right away. We help car accident victims pursue compensation in Miami-Dade and Broward Counties. We will fight hard for you to receive full and fair compensation for your physical, emotional, and financial injuries. Call us today at (877) 475-2905 to schedule a free consultation.

What Is Road Rage?

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.

September 10, 2018

Multiple Car Crashes in Miami During Tropical Storm Gord

by Gerson & Schwartz, P.A.

On Monday, September 3, South Florida was battered by heavy rain and winds due to Tropical Storm Gordon. The tropical storm formed near the Florida Keys early that morning and moved west-northwest into the southern area of the United States. The unfavorable weather conditions did more than close beaches on the holiday weekend. The increased the risk of flooding and made the roads particularly wet and dangerous. It is no surprise that on Sept. 3, Miami-Dade County had multiple car crashes, creating significant traffic delays and leading to at least one fatality. Around 10 a.m. on Labor Day, Alfredo Cobas, 47, lost control of his truck while traveling north on I-95. Cobas’ truck hit an inside wall and spun multiple times. He was ejected from the vehicle, and Miami Fire Rescue pronounced him dead at the scene. Two other crashes took place shortly after on the MacArthur Causeway and on I-395, near the Biscayne Boulevard ext. A few hours later, another collision occurred on I-95 headed north. Witnesses saw a vehicle stuck underneath a large tanker.

Driving in the rain with wet roads and reduced visibility requires extra care. When drivers fail to pay greater attention to the road and their actions, crashes occur. If you or a loved one were hurt in a car accident due to another driver’s negligence in the rain, do not hesitate to contact a Miami car accident attorney from Gerson & Schwartz P.A. at (305) 371-6000.

Rain Is the Deadliest Weather

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: