Miami Accident Lawyer Blog

June 18, 2018

Miami Resident Hilda Garcia Killed in Hit and Run

Hilda Garcia was crossing Northwest 37^th Avenue and Northwest 9^th Street around 10:15 p.m. on Sunday, June 10, when she was struck by a vehicle. She was walking home from the grocery store and using a walker at the time of the crash. Garcia was 77 years old, and just shy of her 78^th birthday. When emergency responders arrived, she was pronounced dead at the scene of the accident. The police have confirmed the vehicle must have been moving at a high rate of speed, Garcia was dragged a significant distance, and at least one of Garcia’s limbs was severed. The driver of the vehicle did not stop and wait for authorities. City of Miami Police are investigating the crash and searching for the hit-and-run driver. The family is asking the driver to come forward.

When the driver is identified, they will face criminal charges. The surviving family members, including Garcia’s son, may choose to file a civil wrongful death claim. This claim is separate and distinct from any criminal charges the hit-and-run driver may face. If you lost a loved one in a hit-and-run crash, contact a Miami car accident lawyer at Gerson & Schwartz P.A. right away.

Hit-and-Run Crashes Becoming More Common

May 22, 2018

Florida Resident Jarrod M. Branscum, Killed on Seven Mile Bridge

by Gerson & Schwartz, P.A.

Jarrod M. Branscum, 22, was killed on Seven Mile Bridge after being struck head on in his vehicle. Branscum was driving north in a 2015 Mitsubishi Lancer around 1:45 a.m. Emily Andrefsky, 33, was driving south in her 2009 Hyundai Santa Fe when she crossed into on-coming traffic. The head-on crash caused Branscum to die at the scene. Andrefsky was flown to Ryder Trauma Center in Miami. The accident is under investigation by the Florida Highway Patrol and charges are pending against Andrefsky.

Unfortunately, head-on collisions such as this are all too common, and they often cause serious injuries and fatalities. If you lost a loved one in a front collision, contact a Miami car accident lawyer at Gerson & Schwartz P.A. at (877) 475-2905.

Head-On Crashes

May 16, 2018

South Miami Car Crash Leads to Multiple Injuries and 1 Fatality

by Gerson & Schwartz, P.A.

In early May, a two-vehicle accident in South Miami caused four individuals injuries and one person’s tragic death. The collision took place on U.S. 1 near 62^nd and 57^th avenues. The initial reports following the crash stated two pedestrians had been struck, one person had been seriously injured, and four others had been taken to nearby hospitals with unknown injuries. Later reports stated one person was killed in the crash, which took place at an intersection locals know to be dangerous.

The cause of the crash is under investigation by the Miami-Dade Police Department. Their findings will influence potential criminal and civil proceedings. One or both vehicle drivers may be found to have violated traffic laws, which could lead to tickets or traffic offense charges. Also, the at-fault driver may face civil personal injury or wrongful death claims for compensation from the injured parties and their families.If you were injured or lost a loved one in a car accident, you should speak with a Miami car accident lawyer at Gerson & Schwartz P.A. as soon as possible. Call us at 305-371-6000 or toll free at (877) 475-2905 to schedule a free consultation.

Liability for Car Accidents

May 15, 2018

25 Year Old Struck and Killed by Yacht Propellers in Miami

by Gerson & Schwartz, P.A.

On Sunday April 1, a boater near Miami went missing from the Miami Vice, a 91-foot combination yacht and speed boat that can be rented by the hour or day. At the time, there were seven guests aboard the yacht, which was operated by two crew members. Florida Fish and Wildlife Conservation Commission (FWC) received a call regarding the missing boat passenger that afternoon. By Monday, officials confirmed that the passenger had been killed. Preliminary information determined the passenger was in the water when the yacht captain put the vessel in reverse and was struck by the propellers. No charges have been filed yet and FWC is investigating the incident. Did you recently lose someone in a boating accident? If your spouse, parent, or child was killed in an incident with a yacht, ferry, commercial ship, or another type of vessel, do not hesitate to contact a Miami accident lawyer at Gerson & Schwartz P.A.

Florida Boating Accident Statistics

In Florida, a state surrounded by beaches and open water, personal and commercial boating accidents are not uncommon. According to FWC statistics, there were 714 reportable boating accidents in 2016. These led to 421 individual injuries. Additionally, 56 accidents were fatal, leading to 67 deaths. The main cause of fatal accidents was falling overboard. Sixteen individuals were killed after falling overboard, which was 29 percent of all fatal accidents. Whether or not the Miami Vice passenger fell overboard or intentionally jumped has yet to be determined. The most common reason for death after falling overboard is drowning (60 percent). However, other issues, such as being struck by propellers, can also be at fault.

March 15, 2018

Florida International Bridge Collapses Injuring Dozens and Causing Multiple Fatalities

by Gerson & Schwartz, P.A.

A pedestrian bridge located at Florida International University suddenly collapsed on vehicles below injuring dozens and causing several fatalities. The bridge was recently constructed and was just opened to the public this past Saturday on FIU’s campus. Little information is known about the root cause at this time. Witnesses reported that dozens of vehicles may still be alive or trapped beneath the rubble. Miami-Dade Fire Rescue along with first responders were still trying to get beneath the 950 plus tons of concrete wreckage. A witness to the accident contacted our law firm and sent us this photograph seconds after the bridge crumbled.

Construction sites, accidents, rules and regulations are governed by the Occupational Health and Safety Administration (OSHA). OSHA is the primary federal agency assigned with promulgating rules and safety enforcement regulations in the workplace. In this case, when a bridge and construction accident occurs, OSHA conducts a comprehensive investigation. This usually takes many months to complete but eventually will reveal how this tragic event occurred, how it could have been prevented, and what specific violations of OSHA’s regulations may have been violated. OSHA’s duties, include protecting workers as well as enforcing safety laws for the benefit of the general public. Companies who violate OSHA safety regulations may expose themselves to legal liability, which can include civil and criminal penalties. Miami, Florida has been subject to many construction site accidents but this one is by far the most serious and tragic construction accident event in recent memory.

While it is too early to know how or why this specific tragedy occurred, the mere fact that this bridge collapsed is a prime example of the legal doctrine known as as “Res Ipsa Loquitur”, which means “the negligence speaks for itself”. Bridges simply do not collapse in the absence of some sort of negligence. The personal injury law offices of Gerson and Schwartz, PA specialize representing serious injury and wrongful death victims due to construction defects and industrial accident related tragedies. Our construction accident attorneys in Miami are familiar with OSHA rules and regulations and how to prove negligence in industrial and construction accident cases. If you or a loved one were the victim of the FIU bridge collapse or another type of construction accident case, then contact our Miami law offices today for a free consultation. Call us today at (877) 475-2905 or email us at info@gslawusa.com for help. Walk in clients are also accepted. Our personal injury offices are located at 1980 Coral Way in Miami, Florida. You may also visit our website at www.injuryattorneyfla.com. Se Habla Espanol.

March 15, 2018

Alligator Alley Car Crash Leads to Fatality

by Gerson & Schwartz, P.A.

Multi-Vehicle Crash in Alligator Alley Leads to Fatality

In early March, an accident on I-75, locally known as Alligator Alley, led to one fatality and numerous injuries. A van carrying 15 people was travelling east in the left lane when it was rear-ended by a truck. The van was carrying individuals from Minnesota as young as 4 years old, visiting for a spring training game in Ft. Myers. When the van was struck by the pickup truck, the driver lost control. The van flipped, several passengers were ejected, and it landed on the other side of the highway. The truck also rolled over. Numerous reports state a third vehicle was involved in the crash, though specifics were not given. One van passenger was killed, Lauren Vanreese. Numerous passengers were airlifted to a hospital due to serious injuries while other van passengers and the driver of the truck were taken to area hospitals for treatment.

Liability for the Accident

January 12, 2018

Quantico Actress Sues over Uber Car Accident

by Gerson & Schwartz, P.A.

According to various sources, an actress who is known for playing a character in the television series “Quantico,” has filed a lawsuit against two drivers and two California state agencies over a three car accident that happened last February in Los Angeles. One of the cars involved in the wreck was a state emergency vehicle.

The actress reportedly claims that she lost a significant amount in potential compensation due to the ordeal while she was riding in an Uber driven car. According to the suit, the actress is not suing the driver of the Uber vehicle that she was riding in.

According to the California Highway Patrol accident report, one of the officers at the scene found the driver of the non-emergency vehicle to be at fault. The report stated the determination was made that the first driver made an improper lane change which then forced the ambulance to swerve into the lane that the actress was riding in.

December 7, 2017

GEICO Files $15 Million Lawsuit Against Path Medical & 411 Pain

by Gerson & Schwartz, P.A.

Last week Government Employees Insurance Co., known as GEICO, filed a massive lawsuit against Path Medical and Pain 411, alleging that since 2014 the defendants defrauded the company for millions of dollars worth of medical procedures that were, “medically unnecessary, illusory, unlawful, and otherwise unreimbursable health care services, including initial examinations, follow-up examinations, diagnostic imaging, and physical therapy, and chiropractic services [], that purportedly were provided to automobile accident victims (“Insureds”) who were eligible for coverage under GEICO Florida no-fault insurance policies.”

In addition to seeking compensatory damages for the allegedly fraudulent payments, GEICO is also seeking declaratory judgment that it is not legally obligated to reimburse the more than $200,000 in additional pending, allegedly fraudulent no-fault insurance claims.

December 1, 2017

Uber in the News in Three Separate Car Accidents

by Gerson & Schwartz, P.A.

With the rapid growth of the ride-sharing app Uber, the business has been in headlines across the country as witnesses have claimed to see the notorious Uber logo sticker in the windows of vehicles involved in crashes. It is not clear whether all of the drivers involved in the following three accidents were in fact Uber drivers, but it is clear that at least one of them was, although the individual was not “on the clock” at the time of the crash. Additionally, as a general matter, just because a driver was working for Uber, does not necessarily mean that the company is responsible for the behavior of the individual driver.

Scottsdale Pedestrian

The first accident that had Uber in the news occurred early in the morning last Thursday in Scottsdale. According to police, the accident happened at around 1:30 a.m., when a pickup truck hit a pedestrian. Officials stated that they did not believe speed or any sort of impairment were factors in the crash, and that the driver was a driver for Uber.

While the company had not made a statement at the time the story was published, a spokesperson stated that the driver had been removed from the app while the accident was being investigated, and that the company intended to cooperate with police on the investigation.

November 28, 2017

Three Separate Fatal Car Accidents over Thanksgiving Weekend end in Florida Canals

by Gerson & Schwartz, P.A.

This past Thanksgiving weekend, was unfortunately fatal for several drivers in the Miami area. According to a spokesperson for the Florida Highway Patrol, “Thanksgiving is the most dangerous holiday in the United States.” Additionally, “The day before Thanksgiving, fatal accidents increase by 15 percent. That’s why the Florida Highway Patrol is out here, committed to have a high presence and make sure that motorists that are driving to visit their families get there safe.” Highway patrols across the nation made similar pronouncements about increased patrols in an attempt to prevent car accidents.

Curiously, among the serious accidents that happened, there were three where a vehicle crashed and ended up in a canal of some sort, resulting in the death of five individuals.

Thursday