accident attorneys miami

November 16, 2017

Self Driving Vehicles Raise Crash Concerns Following Las Vegas Collision

Various news outlets reported that a driver-less vehicle crashed into a semi truck following its launch at an event in Las Vegas earlier this month. The crash occurred just two hours after the introduction and promotion event for the first self-driving shuttle in the United States aimed at serving the public. Interestingly, it was the human driver of the other vehicle that was reportedly at fault. Fortunately the incident only caused minor damage and there were no injuries.

The shuttle in question, which can transport up to 12 passengers at a time, comes equipped with electric curb sensors and uses a Global Positioning System (GPS) in lieu of a steering wheel or brake pedals.

The introduction of the shuttle comes on the heels of the passage of the Self Drive Act, in the U.S. House of Representatives earlier this fall. If passed in the Senate, the bill would exempt car manufacturers from having to follow various state and federal regulations that typically apply to automobile manufacturing. States would still be able to determine whether or not to allow self-driving cars on their roads.

November 10, 2017

October Proves Dangerous for Miami Area Construction Workers

by Gerson & Schwartz, P.A.

Last month provided several examples of the serious personal safety issues that can arise with construction site work.

Construction Worker Falls from Crane on Dolphin Expressway

First, a construction worker fell from a crane on the Dolphin Expressway one morning, near the Northwest 37th Avenue overpass. A Miami fire department official stated that the man fell a total of 30 feet from a crane that was attached to a flatbed truck. The worker was using the crane’s controls on the side of the truck when it suddenly fell over, throwing him off of the overpass. As he fell, thankfully he did not fall into the flow of traffic below. The man was transported to a local hospital for treatment of his critical condition.

The area where the accident occurred is currently under construction, as Miami-Dade Transit is working to add an additional lane in both directions on the Dolphin Expressway.

October 31, 2017

Florida Court of Appeals Calls for New Trial in Motorcycle Accident Case

by Gerson & Schwartz, P.A.

A Florida district court of appeals recently rendered its decision on an appeal based on the trial court’s decision to exclude various pieces of evidence from consideration by the jury.

In the case, the plaintiffs alleged that the defendant revved the engine of his Chevrolet Camaro, thus signaling his alleged desire to race the plaintiffs. Plaintiffs alleged that after riding next to their two motorcycles and swerving into their lane twice, he hit the first motorcycle (which had one passenger), which then crashed into the second motorcycle and then drove away. The plaintiffs survived the accident, but suffered serious personal injuries which required medical treatment. Prior to the accident, the plaintiffs had stopped at a restaurant and then a bar, and were headed home when the accident occurred.

At trial, the defendant claimed that the motorcycles caused the accident to occur by one driver accidentally turning onto the other one. He claimed comparative negligence as a defense. Witness testimony as to what happened was similarly inconsistent.

August 7, 2017

Wrong Way Driver Sentenced to Seven Years in Prison

by Gerson & Schwartz, P.A.

Too often, negligent drivers fail to appreciate the severity of their actions. This is a lesson which one young Miami resident learned the hard way. Franklin Chavez, a twenty-four-year-old massage therapist, was sentenced to seven years in prison and eight years on probation for causing an accident which killed a young medical student and crippled her brother.

A Fun Night Turned Nightmare

The accident caused by Franklin Chavez occurred in December 2015. He began his evening by joining his Crossfit friends at a bar. Later, he went to another bar, where he was believed to have been drinking through the night. At 5:22 a.m., Chavez was traveling the wrong way on the I-95. His Toyota Yaris did not have its lights on. He slammed into a vehicle driven by Elisa Diaz at over seventy miles per hour. Diaz’ children, Carmen and Bryan Criales, were passengers. Twenty-three-year-old Carmen, a medical student, was killed on impact. The force of the collision was so violent that her body could not be removed from the vehicle on the scene. Bryan and Elisa were taken to a hospital in critical condition. Elisa was forced to miss her daughter’s funeral, and Bryan was confined to a wheelchair. He no longer has the ability to speak.

December 6, 2016

Miami Construction Accident Attorneys Discuss Scaffold Safety

by Gerson & Schwartz, P.A.

A recent deadly scaffold collapse in Miami reminds construction companies to use caution when erecting and utilizing scaffolding on construction sites. Construction companies use scaffolding frequently. The apparatus is more stable than a ladder and allows workers to move about more freely without worrying too much about losing their balance. However, scaffolding can create a false sense of security on behalf of those employees using it. Considerable attention must be paid to the safety requirements of scaffolds. Failure to do so can result in serious injury and death from collapsing equipment. A construction company may be held liable for the injuries suffered by workers from scaffolding failures. Miami construction accident attorneys with decades of experience will fight to hold construction companies responsible for your injuries or your loved one’s death caused by scaffold collapses.

The recent deadly collapse occurred in Miami in mid-October of 2016. Construction workers set up scaffolding on the outside of a high-rise building. Without warning, the scaffolding failed. The collapsing scaffold cast debris in all directions injuring workers and passers-by alike. The person killed as a result of the collapse died from a heart attack as a result of fleeing from the falling structure. The debris crashed down on a worker’s head who, despite wearing a helmet, suffered a severe laceration to his head. The cause of the accident remains under investigation by the Occupation Safety and Health Administration (OSHA).

OSHA’s primary function is to protect workers from unsafe or unhealthy working conditions. Accordingly, OSHA issued safety standards for scaffolding use. The safety standards impose an obligation on employer and employee alike to make sure that they are using scaffolding appropriately and safely while on the job. The security requirements may seem so obvious that they need not be stated. Notwithstanding, scrupulous adherence to the rules can save lives and prevent injuries.