Police Nab Hit-and-Run Driver in Miami
The Miami Herald reported some good news recently: Police have found and criminally charged a man responsible for running down a young mother in front of her family and a friend, then leaving the scene. Jose Santiago was arrested in mid-August for the January 7 hit-and-run, in which he hit Ana Iris Perez-Hernandez as she crossed the street to meet a friend, in front of the day-care center where her husband and six-year-old son were waiting.
An important piece of evidence in the case was a container of spaghetti Perez-Hernandez was carrying, which spilled all over Santiago’s car in the accident. After hitting Perez-Hernandez at a speed high enough to cause massive head trauma, Santiago simply drove home and parked his car, which had substantial damage as well as food on its front end. In police questioning, Santiago claimed he thought he’d hit a garbage can or a tree. Then, incredibly, he made a phone call with a tape recorder still running and told someone in Spanish that “[t]hey know I hit that woman.” Police officers in Miami speak Spanish, of course, and eventually filed charges against Santiago. Perez-Hernandez’s family has our sincere sympathies; we hope justice is served.
In addition to being dishonorable and cowardly, leaving the scene of an accident is a crime in Florida and every other state. (That’s true even if the crash only caused property damage.) In addition to putting you on the hook for a third-degree felony, hitting someone and running away also leaves you legally liable for a wrongful death lawsuit. In a successful lawsuit, Perez-Hernandez’s husband and young son would have substantial damage claims, including the loss of her wages; the costs of medical and other bills the accident caused; the loss of her love, support and spousal and parenting duties; and the emotional trauma of being so close to her accident.
Pedestrian accidents are some of the most traumatic traffic accidents I see as an attorney, because pedestrians have no seatbelts or other protections at all. They can also be quite complex, raising issues of comparative fault and insurance coverage. If you or someone you love was hit on foot by a careless driver, you can and should hold that driver responsible for the results. Contact Cohn, Smith & Cohn for a free consultation on your case.
