Miami Accident Lawyer Blog

December 16, 2013

Florida Legislature Considers New Law To Curb Hit-And-Run Accidents

According to a recent article published by the Huffington Post, the Florida Legislature is now considering a new piece of legislation, entitled the “Aaron Cohen Life Protection Act,” named for a bicyclist that was killed on the Rickenbacker Causeway in 2012, that would increase the minimum jail sentences for leaving the scene of an accident to three years for an accident resulting in injury, seven years for serious bodily injury, and ten years for a hit-and-run resulting in death. The proposed legislation would also require a convicted offender’s license to be suspended for a minimum of three years. Our Miami hit-and-run accident attorneys will be paying close attention to any possible outcomes.

Under current Florida law, there is no minimum sentence for leaving the scene of a deadly accident. Florida law requires anyone involved in a car accident to remain at the scene and render aid and provide information. According to Florida Statutes Title XXII Section 316.027, “the driver of a vehicle involved in a crash…that results in the death of any person must immediately stop the vehicle…and remain at the scene.”

Leaving the scene of an accident where there is property damage is a misdemeanor of the second degree and carries a maximum penalty of 60 days in jail and a $500 fine. Leaving the scene of an accident involving injuries is a felony of the third degree and can result in a maximum penalty of five years in prison and a $5,000 fine. Leaving the scene of an accident in which someone dies is a felony of the first degree carrying a maximum penalty of 30 years in prison and a $10,000 fine.

December 11, 2013

Top 3 Car Insurance Tips for 2014 – Get Ready Now!

by Gerson & Schwartz, P.A.

I’d like to thank trial lawyer Wayne Cohen or providing this guest blog. Wayne is the founding partner of the personal injury law firm of Cohen & Cohen, PC in Washington, D.C. I hope you find the blog informative and interesting!

Top 3 Car Insurance Tips for 2014 – Get Ready Now!

As we approach 2014, it’s a great time for you to reevaluate your car insurance needs. Before the new year is upon us, here are the top 3 insurance tips that you should consider for 2014.

December 3, 2013

Train Derails Killing and Injuring Commuters from Bronx to Manhattan

by Gerson & Schwartz, P.A.

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.

December 1, 2013

National Highway Traffic Safety Administration Publishes 2012 Traffic Fatality Statistics.

by Gerson & Schwartz, P.A.

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.

November 22, 2013

AAA Foundation Raises Awareness Of Drowsy Driving Risks

by Gerson & Schwartz, P.A.

Recently, in support of its designation of November 10-17 as National Drowsy Driving Prevention Week, the AAA Foundation For Traffic Safety (“AAA”) released the results of a survey of drivers across the country regarding their perspective on on drowsy driving, as part of National Drowsy Driving Prevention Week (Nov 10-16). According to AAA, the goal of the survey is to “foster a social climate in which traffic safety is highly valued and rigorously pursued. The results of the survey show that, although most drivers condemned drowsy driving, more than a quarter admitted to doing it anyway.

Almost all the individuals surveyed, (94.9%) stated their belief that it was somewhat or completely unacceptable to drive when so sleepy they have trouble keeping their eyes open. 82.9% of respondents felt that drowsy drivers pose a somewhat or very serious threat to personal safety

The numbers compiled by AAA demonstrate the severity of the drowsy driving problem in America. According to AAA statistics, 16.5% of fatal crashes, 13.1% of crashes resulting in hospitalization, and 7% of crashes in which a passenger vehicle is towed involved a drowsy driver.

November 6, 2013

TSA Officer Shot and Killed at LAX Airport

by Gerson & Schwartz, P.A.

A TSA Officer who was shot at close range by a 23 year old man at LAX airport on Friday, died after his assailant, Paul Ciancia, shot him for the 2nd time with an assault rifle. Finally, the shooter was apprehended by airport police, shot and captured.He remains hospitalized, in critical condition at Ronald Regan UCLA Medical Center, since Sunday. Sadly, the crime victims involved in this heinous shooting included 3 TSA officers, and several other innocent travelers.

Not only was there a note on Ciancia’s body explaining that he was at the airport in order to kill transportation security, but he sent a text message to his father indicating that something terrible was about to occur. Although, Ciancia’s father called police, the police did not find him when they searched his residence. Unfortunately, airport police apprehended Ciancia after it was too late. The victims of this killing spree already died or were badly wounded.

Killing sprees of this nature occur far too often in our country. Airport security such as TSA officers do not carry fire arms for protection, and airport police are the only ones who can truly protect passengers. Greater security is necessary to prevent dangerous, armed, individuals from harming others.

November 1, 2013

Two Motorcyclists Suffer Serious Injury In Motor Vehicle Accident Near Venice, Florida

by Gerson & Schwartz, P.A.

According to a recent story published by the Herald Tribune last month, two people were seriously injured on October 9, 2013, in a motorcycle crash that required authorities to shut down the southbound lanes of U.S. Interstate 75 near mile marker 193 in Venice, Florida. The Florida Highway Patrol concluded that the crash occurred at approximately 6:00 pm when a 2012 Toyota Camry heading southbound in the center lane of I-75 failed to notice a 1994 Honda VXR motorcycle slowing in front of him and rear-ended the rider and his passenger.

The impact of the collision caused the motorcycle to become trapped under the car, which continued forward for another 400 feet. Both the motorcycle driver and passenger suffered critical injuries in the accident and were helicoptered to Blake Medical Center in Bradenton for treatment. The driver of the Camry was cited for careless driving, presumably under Section 316.1925 of the Florida Statutes which requires motorists to drive in a “careful and prudent manner…so as not to endanger the life, limb, or property of any person.”

As this blog has discussed before, motorcycle accidents are particularly dangerous due to the limited amount of protection they provide to riders compared to more traditional modes of transportation such as cars and trucks. Motorcycles are also far less visible in traffic than cars, resulting in an increased risk accident. One report concluded that the risk of a motorcyclists’ likelihood of being killed in a traffic accident is sixteen times that of the driver of an automobile.

October 28, 2013

Charity Bicyclist Injured, Personal Injury Attorneys Say Investigation Could Reveal Important Clues

by Gerson & Schwartz, P.A.

Last month, 24-year-old Jacob Landis, of Annapolis, Maryland, was severely injured after being struck by a hit-and-run driver in a bicycle accident in Florida in the final leg of a cross-country cycling trip to raise money for deaf individuals. Our personal injury lawyers in Miami, Florida are all too familiar with these and many other unfortunate accidents cases over the years.

Landis was knocked unconscious at approximately 10:00 pm on September 21, 2013, after being hit by the mirror of a passing tractor-trailer on US Highway 27 southbound in Polk County, Florida. Landis was accompanied by his riding partner and cousin, Jack Riddle, who witnessed the incident. Landis was transported to a local hospital where he was treated for a concussion, multiple fractures and various lacerations. The truck that struck Landis did not stop after the crash, and, according to the local sheriff’s office, it was possible the driver of the truck didn’t realize he had hit the bicyclist.

At the time of the accident, Landis had been cycling for several months and rode almost 11,000 miles to 29 of the 30 Major League Baseball stadiums in the U.S., raising $140,000 help the hearing impaired get fitted for cochlear implants.

October 21, 2013

Florida Family Files Wrongful Death

by Gerson & Schwartz, P.A.

Recently, a Boynton Beach, Florida, couple filed a wrongful death lawsuit against a Palm Beach County Sheriff’s Deputy in connection with the shooting of their eighteen-year-old autistic son in 2012. The lawsuit is seeking damages in excess of $15,000.

The lawsuit stems from an October 4, 2012, incident wherein the teen’s mother called 911 seeking help to controlling her autistic son, who could be heard screaming, “you’re going down,” on the 911 tape. En route to the scene, the deputy was advised by his dispatcher that the mother claimed the teen had a “hammer and a tree trimmer” and would “hurt anyone who approaches.” The dispatcher also told the deputy that the teen had placed his mother in a chokehold.

Upon arriving at the scene, the deputy encountered the teen, ordering him to drop the hammer and garden shears. Although both sides agree that the teen complied, dropping the weapons, there is disagreement as to what happened next.

October 19, 2013

Car Overturns In St. Petersburg, Florida Canal, Trapping Two Children Inside

by Gerson & Schwartz, P.A.

Late last month, ABC Action News reported that two children and their father had been rescued from a vehicle overturned in a St. Petersburg, Florida canal following a motor vehicle accident.

According to St. Petersburg police, the car in which the children were passengers ended up in the canal as the result of a chain reaction collision involving several other vehicles. The victim’s silver sedan was at front of a line of cars of parents waiting to pick up their children from Sawgrass Elementary School. The driver of a gold Chevy Tahoe accelerated into the rear of the row of cars which then pushed the sedan into the water. Police are still investigating the incident but the driver of the Tahoe has been determined to be at fault and charges are pending.Under certain circumstances, speeding in Florida constitutes a special form of negligence known as “per se” negligence. Normally, Florida law allows individuals to recover for injuries suffered as the result of the negligence of another when the victim is able to show that the offender failed to exercise “ordinary care” in their course of conduct. To prove a claim for negligence, the plaintiff must prove three elements:

The defendant owed the plaintiff a duty to exercise ordinary care.