South Florida Injury Attorney Blog

Our Tamarac premises liability attorneys were interested to see in the South Florida Sun-Sentinel Sept. 27 that the Catholic Church is a defendant in a new lawsuit over toxic mold. A group of residents from St. Andrews Towers in Coral Springs, owned by the Archdiocese of Miami, are suing the archdiocese, the organization that runs the towers and Catholic Health Services for allegedly covering up the mold problem at the five-story seniors’ complex. Residents say the mold makes the air inside the apartments unhealthy, and that the archdiocese knew about the problem but concealed it from residents, even painting over some mold to hide it.

The attorney in the case had sued St. Andrews over the same problem in 2002, a suit that ended in a confidential settlement. Now he alleges that the complex did not take serious steps to fix the mold problem, instead recruiting people to live in the apartments despite the compromised air quality. Spokespeople for the defendants strongly dispute that claim, saying there’s no evidence for any mold problems and that the plaintiffs have never tested for mold. However, the plaintiffs’ attorney said he had personally seen the mold in at least 20 apartments at the complex. Resident Rose Barros said she had complained about mold a few months ago and workers had torn out the offending wall, only to have the same problem on the new wall.

As a Miramar premises liability lawyer, I know mold could be an especially serious problem for senior citizens. Any mold on the walls and ceilings of a home may be ugly, but there are serious health problems associated with certain mold and fungi, particularly a variety called black mold. Mold spores can trigger respiratory problems and allergies in healthy people, but in sensitive people, it can trigger serious respiratory distress, asthma attacks, constant low-grade cold and flu symptoms and more. Among those most likely to be affected are the elderly, who spend more time indoors and tend to have existing health problems. If it’s true that St. Andrews knew about a mold problem and concealed it from residents, it may be judged legally responsible for all of the health problems caused by its inaction and deceit -- which could be far more expensive than simply fixing the problem.

Continue reading " Senior Citizens Allege Catholic Housing Complex Tried to Hide Mold Problem in Building " »

As a Deerfield Beach medical malpractice attorney, I have followed with interest the case of Stephanie Kuleba. The Boca Raton teenager died in 2008 at the age of 18 from a rare but serious reaction to anesthesia used in her breast implant surgery. Now, according to a Sept. 27 article from the Associated Press, recently obtained documents show that the Florida Department of Health has cleared the two doctors involved, surgeon Steven Schuster and anesthesiologist Peter Warheit, citing “insufficient evidence.” Parents Joanne and Tom Kuleba are working to continue that investigation, and have also sued the doctors for medical malpractice.

Stephanie Kuleba died of a condition called malignant hyperthermia, which interferes with the body’s ability to supply oxygen and regulate body temperature. It is triggered by routine use of general anesthesia, but only in the relatively small number of people who are genetically susceptible to malignant hyperthermia. When doctors notice a patient under anesthesia displaying symptoms of the condition, they can treat it by administering a drug called dantrolene. The Kulebas contend that Schuster and Warheit took too long to notice that Stephanie was suffering from malignant hyperthermia, and administered too little dantrolene when they did notice. She died of cardiac arrest on the way to the hospital.

The Kulebas are fighting privacy rules and red tape to reopen the investigation with more information. But as a Hialeah medical malpractice lawyer, I am glad that they also have a concurrent malpractice lawsuit. While an administrative or criminal investigation can bolster the evidence in a lawsuit, they are completely separate cases. The existence or outcome of one has no effect on the others. In fact, while administrative and criminal probes may bring wrongdoers to justice, only a civil case can compensate families financially for the expensive medical treatment that many victims of malpractice need. Even if the Kulebas or other families in their terrible position can’t get an investigation opened by the state, they can still demand justice through a civil lawsuit.

Continue reading " Doctors Cleared of Wrongdoing in Death of Teenager from Reaction to Anesthesia " »

A fire in the engine may be to blame for a plane crash that probably killed a high-profile University of Florida athletic supporter, the South Florida Sun-Sentinel reported Sept. 22. Investigators have not officially confirmed the names of victims of the Piper Turbo Saratoga’s crash over the Everglades Sept. 20. However, circumstances have lead friends and family to believe that the four bodies recovered from near the crash are the bodies of Gators booster Bruce Barber; his wife, Karen Barber; their 14-year-old son, Payton Barber; and family friend Phillip Marsh. (The Barbers also had a daughter, ten-year-old Chloe, who stayed behind in Sea Lakes Ranch.) The four left Gainesville after a Florida-Tennessee football game, but never made their scheduled landing at Fort Lauderdale Executive Airport.

The National Transportation Safety Board is investigating the cause of the crash and will likely take months to make a full report. But Miguel Gerov, who co-owned the airplane, told the Sun-Sentinel that an investigator told him about a radio distress call from the plane. According to Gerov’s report, Bruce Barber radioed to air traffic controllers that smoke was filling his cabin, possibly due to an engine fire. Barber then put the plane into a controlled dive in an attempt to put out the fire, Gerov said, a standard emergency measure. After the dive, he said the plane leveled off and proceeded for 15 more minutes before the crash. Gerov told the newspaper he believed Barber was trying to get to an airport or a stretch of highway where he could land, but may have been incapacitated by the smoke.

Gerov told the newspaper that the plane had had a full maintenance check seven months ago and showed no signs of trouble; he suggested that engine failure may have started the fire. As a Boca Raton aviation accident lawyer, I am interested to see whether the NTSB’s full report identifies equipment failure as the cause of this crash. As a rule, statistics on general aviation (non-commercial carriers) accidents show that human error is most often responsible for accidents. In fact, a 2005 report said mistakes by personnel were factors in a staggering 91% of all aviation accidents, while environmental factors (such as weather) were factors in 39% and equipment problems were factors in 25% of incidents. Human error, such as bad maintenance or improper use of equipment, may be responsible for some equipment failure -- but aviation equipment can certainly fail on its own, and when it does, the results can be tragic.

Continue reading " Fire Blamed for Aviation Accident Believed to Have Killed Gators Boosters in Everglades " »

Ten people were hurt in a multi-vehicle crash in Davie involving schoolchildren, the South Florida Sun-Sentinel reported Sept. 21. According to the paper, a van belonging to Nob Hill Academy, a preschool and after-school care center, failed to stop when it approached a stopped school bus in the right-hand lane of Stirling Road. However, a minivan and a car had stopped for the bus; the Nob Hill van hit those vehicles. The crash pushed the minivan into a median and caused the van to go over the median into the westbound lanes of the road. Seven children sustained minor injuries; three adults were hurt, with one woman hospitalized in critical condition. Thirteen other people were treated and released at the scene.

My best wishes go out to the woman who was seriously hurt. As a Cooper City car crash attorney, I am pleased that this accident was not worse, particularly since Nob Hill Academy cares for very young and vulnerable children. But by the same token, the crash calls the judgment of the van’s driver into serious question. All drivers should stop for school buses -- because it’s the law and because children may be walking nearby -- but drivers of other school vehicles ought to be especially aware of that rule. And even without a school bus in the picture, drivers should pay enough attention to slow for stopped traffic ahead.

Legally, the driver of the van is likely at fault for apparently failing to do those things. But because the van’s driver was probably at work at the time, the school may be held legally liable for the crash as well, under a legal doctrine called vicarious liability. The school may also be held responsible if victims can show that it was negligent in its hiring and supervision of the driver. Legally, employers are responsible for the actions of employees working in the “course and scope” of their employment. That includes the actions of drivers who are performing job duties, driving a company vehicle -- or both, as in this case. This means the school and its insurance company are financially responsible in any Hallandale auto accident lawsuit the victims choose to file.

Continue reading " Ten Hurt, One Seriously, When School Van Crashes Into Stopped Traffic in Davie " »

A recent article about a crash caused by a police car chase piqued my interest as a Pembroke Pines auto accident lawyer. WFOR (CBS4) here in Broward County reported Sept. 21 that an older man who was hit by the police car has recovered enough to speak to the media, and he is not happy. Richard Sanzare, 78, told the station he has a broken arm and wrist, staples and stitches in his head, trouble moving and pain. His wife, Dorothy, remains in the intensive care unit at a Broward County hospital. Police Officer George Law suffered neck and back injuries and was in stable condition.

According to the article, Law was chasing a motorcyclist believed to have a gun. Witnesses and Sanzare say that Law was driving very fast without using his siren or lights; a Fort Lauderdale Police spokesperson said he couldn’t confirm that. During the chase, the Sanzares entered northbound I-95 at the Oakland Park Drive entrance and was hit by Law’s police vehicle. The crash caused the couple’s vehicle to roll over; Law’s car ran off the road and hit a tree. Despite the crash, the police spokesperson said Law is still on duty while the incident is investigated. Sanzare said he was upset that a police representative hadn’t stopped by to apologize; he told the station he was planning a lawsuit.

As a Plantation car crash attorney, I happen to know that Sanzare has a complicated road ahead if he does file a legal claim. Suing any government agency is difficult, but there are special rules laid out in Florida law for suing a police agency over injuries sustained in a car chase. Police agencies may not be sued for such injuries if the officers:

1. were not behaving in a way “so reckless or wanting in care as to constitute disregard of human life, human rights, safety, or the property of another.”
   
2. reasonably believed they were chasing someone guilty of committing a forcible felony, as defined here
   
3. were acting pursuant to their department’s written policy on high-speed pursuits, and had received training on the policy.

It’s impossible to say from the article whether Law was following his department’s car chase policy or reasonably believed the suspect had committed a forcible felony. However, if the witnesses are right that Law was speeding without using his sirens or lights, I believe Sanzare’s Fort Lauderdale car wreck lawyer could make a compelling case that he was acting with reckless disregard for safety. As I have noted here before, speeding is a common cause of car crashes. In fact, emergency vehicles have lights and sirens specifically to tell other drivers that they should get out of the way because a speeding vehicle is coming. A jury could reasonably decide that failure to use those tools met the requirements of the law, by being unnecessarily and predictably dangerous.

Continue reading " Older Couple Hit by Fort Lauderdale Police Officer Pursuing Suspect With Gun " »

The Miami city commission has approved a law making it illegal to drive in school zones while sending text messages, NBC Miami reported Sept. 11. The station said the council introduced and approved the measure Sept. 10 during a meeting that was mainly about the budget. The Miami Herald said the measure was introduced by Commission Chair Joe Sanchez, who said he was inspired after seeing a near-miss firsthand. While dropping his child off at school, Sanchez said he saw another parent nearly hit a student because the parent was distracted by texting. NBC did not report any details about the enforcement or penalties allowed by the law.

As a Pembroke Pines auto accident attorney, I am pleased to see that city governments are taking this problem seriously, even if our state government does not. As the article notes, a statewide ban on texting and driving has been introduced several times in the Florida Legislature, but has never passed. The most recent version, co-sponsored by Rep. Frederica Wilson of Miami, would have been called “Heather’s Law” after a young woman who was killed in an accident on her way to meet a wedding planner. Her car was hit by a truck driver who was so distracted by text messaging that he never had time to brake. Also not passed during that session was a bill that echoes the Miami ordinance -- it would have outlawed talking on cell phones while driving in a school zone.

Despite the reticence of the Florida Legislature, momentum is growing nationwide for a ban on texting while driving. In fact, four Senators have introduced federal legislation that would deny states access to federal highway funds unless they make laws banning texting while driving. As a Plantation car crash lawyer, I happen to know that similar top-down federal legislation is responsible for several other driving-related rules that are now uniform across the U.S., including the legal age for drinking, speed limit laws and the 0.08% legal limit for blood-alcohol content. The federal texting and driving legislation came on the heels of research by the Virginia Tech Transportation Institute showing that texting while driving increased the chances of an accident by 23 times, at least for the drivers in that study, and took their eyes off the road for an average of five seconds at a time.

Continue reading " Miami Passes Ordinance Making Texting and Driving in School Zones a Crime " »

Most of my work as a Pompano Beach motorcycle accident attorney focuses on two-vehicle motorcycle crashes, caused by a careless driver who didn’t look for a motorcycle or didn’t use good judgment. So it was surprising to see an article in Florida Today Sept. 12 about a motorcyclist who was killed in a different type of accident -- a one-vehicle crash the Florida Highway Patrol says was caused by debris in the road. Robert Toupin, 48, of Rockledge, was headed north on Interstate 95 in Melbourne at around 10 p.m. Sept. 11. According to the FHP, he hit a large piece of tire tread that was lying in the road, causing him to lose control and veer off the highway and overturn several times.

It’s unusual for any traffic accident to be caused by debris in the road. Accident statistics show that the vast majority of motor vehicle accidents are caused by the bad decisions of one or more of the motorists involved, including driving drunk and simply not paying enough attention to the road. However, accidents caused or worsened by flaws in the roadway do happen, and as this story shows, they can be deadly. According to the definitive study of motorcycle accidents, the Hurt Report, roadway defects caused about 2% of motorcycle accidents in the study. Those defects could include debris in the road as well as potholes and cracks; plant growth obscuring signs and signals; poor visibility around corners and curves; or a lack of traffic signals in places where they’re needed.

Like victims of accidents caused by driver negligence, victims of roadway design or maintenance accidents may sue anyone whose carelessness caused their injuries. However, because almost all roads in Florida are designed and maintained by the state, federal or local governments, these victims must sue a government agency. And because governments don’t like to be sued, this is more complicated than suing a private individual or business. Typically, injured people must give prior notice of their claims in writing to multiple agencies, within a specified period of time. It’s only after these conditions are met and the agency denies the claim that victims can sue in a court of law. This complicated process is one reason why experts recommend hiring a South Florida motorcycle accident lawyer to handle claims against a government.

Continue reading " Motorcyclist Killed in Central Florida in Accident Apparently Caused by Debris in Road " »

I wrote last week about a drunk driving accident in which an allegedly drunk driver hit and killed a motorcyclist in Miramar, dragging him nearly 200 feet before stopping. Despite having a BAC of 0.236, nearly three times the legal limit, driver Robert Jones was driving his stepdaughter to school -- and after the crash, he tried to continue the journey by foot. The Miami Herald followed up on that story Sept. 11 with another surprising and disappointing piece of news: Jones had a valid Florida license even though he was wanted in Maryland for failing to appear in court on another DUI case.

According to the Herald, Jones was on probation in Cecil County, Maryland after serving ten days for driving under the influence and leaving the scene of an accident involving bodily injury. He apparently violated his probation, an offense for which he was supposed to attend a hearing in late 2006 -- but left the state instead. About four months later, he arrived in Florida and applied for a special Florida-only driver’s license using an apparently valid license from Delaware; the DMV does not check criminal records. After Jones was arrested for the Miramar crash, Broward County officers did not find any warrants for his arrest. Nonetheless, Jones is languishing in Broward County jail with nine charges against him, including DUI manslaughter.

As a Lauderhill car accident lawyer, I am not surprised to see that this driver has a history. Statistically, a large minority of intoxicated driving deaths are caused by chronic drunk drivers with several past DUI convictions. Procedures like license checks are supposed to catch this kind of history when drivers move to a new state -- but in this case, the system in Florida failed. An official is quoted in the article saying her agency is only as good as the information provided by other states -- and she’s right. That’s why, as a North Miami Beach car wreck attorney, I would like to see a better information-sharing system between the state DMVs, or even a national licensing program, if appropriate.

Continue reading " DUI Suspect Who Killed Motorcyclist Wanted in Maryland for Drunk Driving Offense " »

As a Coral Springs bicycle accident attorney, I know that there’s always at least some tension between bicyclists and drivers of cars and trucks. But according to a Sept. 8 article from the South Florida Sun-Sentinel, that tension has gotten higher lately after a series of confrontations and deadly bicycle accidents in South Florida communities. The article recounts at least two accidents this year, one fatal, in which cars hurt bicyclists, and one case in which a bicyclist was charged with assault and battery for attacking a driver he said nearly hit him. In response, local traffic authorities and advocacy organizations are stepping up their efforts to educate both groups and advocate nonviolent ways to resolve disputes.

The problems the article outlines are mostly the same problems cyclists and drivers have in every urban area. Cyclists say some drivers behave as if the cyclists are not entitled to use the road, honking angrily and buzzing or clipping the bicycles and sometimes knocking them down. Drivers, in turn, say cyclists take up too much space on the road and don’t follow traffic laws. According to Bret Baronak, pedestrian and bicycle coordinator for the Metropolitan Planning Organization of Palm Beach County, part of the problem is South Florida’s car culture, which allows cars to dominate the roads. Baronak expects to soon see efforts at “share the road” education, explaining the rights and responsibilities of people on both kinds of vehicle.

As a bicycle accident attorney in Broward County, I do not believe either group is entirely innocent. However, I notice that this article doesn’t note the most important part of this power struggle: the fact that a car can kill a bicyclist, regardless of who caused the accident. When a bicycle accident turns into an assault or a preventable death, the at-fault person can face serious consequences, including a wrongful death or injury lawsuit as well as criminal charges. Everyone gets annoyed with other people on the road sometimes, but when it crosses the line into potentially fatal road rage, people can be killed or disabled for life. With that much at stake, it is essential for both groups to calm down and think before acting.

Continue reading " Clashes and Crashes Increasing Between Drivers and Bicyclists in South Florida " »

As a Pompano Beach premises liability attorney, I was very interested in a recent news item about a gas pump exploding for no clear reason. The South Florida Sun-Sentinel reported Sept. 9 that investigators are still looking into the cause of the explosion at a Coconut Creek gas station Sept. 8. Fortunately, the explosion caused only minor injuries to Eden Sherwood, a 48-year-old Deerfield Beach man who was using the pump at the time. However, the fire melted a plastic trash can next to the pump and charred Sherwood’s car with what he described as a “ball of fire.”

According to the article, Sherwood had just finished pumping gas and was reaching into his car for his cell phone when the explosion happened. Investigators do not believe that the cell phone was the cause, and said Sherwood did not report smoking or lighting a match before the incident. However, it’s unclear whether Sherwood’s car was running while he was pumping gas; he said he turned it off, but firefighters found it running at the scene. Investigators are considering the car’s engine as one cause, as well as mechanical malfunctions by the pump, electrical problems, arson and smoking. The financial tally for the damage to the car and station may reach as high as $70,000.

Investigators may still find that actions by Sherwood or another person were responsible for the explosion. However, as an Aventura premises liability lawyer, I immediately wondered whether this incident could be traced to faulty equipment or maintenance by the gas station itself. Under Florida law, all businesses have a responsibility to clear up safety hazards on property open to the public. If people seriously hurt because they haven’t met those standards, the victims have the right to sue the business for their injuries and all related financial costs, such as the cost of hospitalization and a replacement car. In this case, those financial costs could be high -- but everyone involved is lucky that the cost in human suffering wasn’t much higher.

Continue reading " Coconut Creek Fire Department Investigating Cause of Sudden Gas Pump Explosion " »

A motorcyclist from Davie was killed by a driver with a blood-alcohol concentration nearly three times the legal limit, the South Florida Sun-Sentinel reported Sept. 8. The crash happened at the intersection of Pembroke Road and Island Drive at 7:20 a.m. Tuesday morning. The newspaper said driver Robert Jones of Miramar hit motorcyclist Eric Maron of Davie as Maron tried to move his motorbike in front of the car Jones was driving. A witness said the car rear-ended the motorcycle and dragged it nearly 100 feet before stopping, killing Maron at the scene.

Jones was driving his nine-year-old stepdaughter to school at the time. They appeared to be unhurt, the witness said, though shaken up. After the crash, they got out of the car and began walking down Island Drive; Jones told the witness that he was walking his daughter to school and would come back. Police caught up with them when they were about seven blocks from the accident and administered two Breathalyzer tests. Both tests showed that Jones had a BAC of nearly 0.2 4%, which is three times Florida’s 0.08% legal limit. The results of a blood test are pending, but Jones was still arrested and sent to Broward County jail on multiple charges, including DUI homicide.

As a Hialeah motorcycle accident attorney, I am pleased that the police were able to catch and charge this irresponsible driver. Because fault in this accident seems very clear, having this driver’s identity will be helpful for the victim’s family as they deal with the practical issues and insurance bureaucracy in this terrible situation. Hit-and-run drivers may have insurance, but when they don’t stop and aren’t caught, there’s no way for their victims to collect on that insurance. The result is that victims are victimized a second time by being unfairly stuck with the bills for someone else’s misbehavior, or even blamed for the accident when they try to collect on their own uninsured/underinsured motorist insurance.

Continue reading " Drunk Driver Kills Motorcyclist in Miramar While Driving Stepdaughter to School " »

A Boca Raton couple started trial this week for allegedly abusing the woman’s elderly mother, the Miami Herald reported Aug. 31. Kerstin and Toby Fenn are accused of neglecting Kerstin Fenn’s mother, Elly Lorey, who died at the age of 89 of starvation and dehydration. Lorey had advanced Alzheimer’s disease but received no care for it, the article said, and weighed just 80 pounds when she died. The Fenns are charged with first-degree murder and aggravated elder abuse, and face life in prison if convicted.

Prosecutors say Lorey was kept in a locked and unventilated bedroom in the Fenns’ home, with a wooden lattice blocking a sliding glass door and pizza boxes nailed over the air-conditioning vents to keep the smell of the room from affecting the rest of the house. According to police reports, the Fenns had a maid who refused to enter Lorey’s room to clean it. Police reports also said Lorey smeared feces on the walls and ate a diet of ramen noodles and packaged honey buns. The Fenns’ attorney told the paper that they never abused Lorey and that the same thing could have happened to anybody who tried to treat an Alzheimer’s patient without a doctor. The trial will feature big names testifying for both sides, including defense expert Dr. Michael Baden, a host of HBO’s documentary series Autopsy.

A geriatrics expert quoted by the Herald said it’s common for Alzheimer’s patients to lose weight, and that cultural differences and lack of education may have contributed to the Fenns’ caregiving decisions. However the expert said, locking an Alzheimer’s patient into a room could constitute negligence, especially if she was a danger to herself or others. I am not an expert in geriatric medicine, but negligence, in the legal world, is defined as failure to take reasonable care to avoid foreseeable harm. As a Deerfield Beach elder abuse attorney, I believe it’s easy to foresee harm from locking anyone into a room where she is helpless and dependent. It’s even easier to foresee if the victim is a dementia patient who can no longer care for herself.

Continue reading " Elder Abuse Trial Starts for Palm Beach County Couple Alleged to Have Locked in Alzheimer’s Patient " »

An unnamed motorcyclist in Broward County was hospitalized in serious but stable condition after an accident with a car, the Miami Herald reported Aug. 31. According to the article, the 45-year-old man was riding up Boyscout Road (142nd Ave.) near Southwest 26th Street when a driver cut him off. The driver, who was traveling in the opposite direction, tried to make a left turn in front of him, sending him flying into the windshield of the car. The motorcyclist was conscious at the scene but lost consciousness en route to the hospital, where he was reportedly in stable but serious condition late on Aug. 30.

The article said prosecutors were still considering whether to file charges, at least as of press time. As a Pembroke Pines motorcycle accident attorney and a rider here in Broward County, I hope that prosecutors pursue all charges that are appropriate for the circumstances. Despite efforts by the Florida Highway Patrol and others to increase awareness of motorcycle safety, too many drivers don’t think to look for motorcyclists. It’s already hard to see motorcycles because of their smaller size, and as any experienced rider will tell you, it’s especially hard to see things you’re not expecting to see. The tragic result is that 530 Floridians lost their lives in motorcycle accidents 2007, the highest number of motorcycle deaths in the nation.

Perhaps because of the visibility problem -- and despite outdated stereotypes about motorcyclists -- statistics show that at least half of motorcycle accidents are caused by people in other vehicles. According to the definitive study of motorcycle accident causes, the Hurt Report, three-quarters of motorcycle accidents are multi-vehicle accidents. Of those, two-thirds -- 50% of all motorcycle accidents -- were the fault of a driver who violated the motorcyclist’s right of way. As a Sunrise motorcycle crash lawyer, I use statistics like these in court when they can help me prove my case, but I can’t help thinking that being the driver with the right-of-way is a rather hollow victory when you’re dead. I would much rather see drivers and motorcyclists sharing the road, politely and with awareness.

Continue reading " Davie Motorcyclist in Serious Condition After Car Turns Left Into His Path " »

A Delray Beach police detective is in critical condition after a hit-and-run accident, the South Florida Sun-Sentinel reported Sept. 1. Detective Christian Mammarella was hit at 10:44 p.m. on Aug. 30 by a vehicle that his fellow officers believe was a dark-colored, late-model Volkswagen Passat or CC with wraparound headlights. Mammarella was searching for evidence at the side of the road when the vehicle apparently struck him and kept going, leaving him in critical condition in a hospital trauma unit.

A convenience store surveillance camera captured a brief video of what is believed to be the vehicle passing by, just before the crash:
 

Mammarella and two other detectives were searching a parking lot near the intersection of Linton Boulevard and South Dixie Highway, looking for evidence in a Boca Raton robbery. The two other detectives heard the crash and ran to Mammarella, who was closest to the road, and saw the vehicle continuing north. A spokesman for the Delray Beach police said police were confident that the vehicle was a late-model, dark-colored Volkswagen Passat or CC, probably with damage to its right front window or the right side of its windshield. It may have vanished suddenly under a tarp or into a garage since Sunday, the police said. They are using a state database to track down all cars in the state matching that description, but asked citizens with information about such a car to call Detective Justin Reed at 561-243-7850, Detective Gene Sapino at 561-243-7828 or leave an anonymous tip with Crime Stoppers at 800-458-8477.

As a Broward County pedestrian accident attorney, I wish law enforcement the best of luck in tracking down this driver. Pedestrian accidents can be brutal, because pedestrians travel with none of the protections we enjoy inside cars, such as seat belts, airbags and reinforced crumple zones. When cars hit pedestrians, they can leave the victims wrongfully killed or with catastrophic, disabling injuries such as organ damage, multiple broken bones, head injuries or spinal cord damage. If this driver is caught, he or she could be held legally responsible for causing injuries like these -- the article didn’t specify -- with a Delray Beach pedestrian accident lawsuit. That’s in addition to the severe criminal penalties the driver will likely face for not only hitting and running, but hitting and running a police officer.

Continue reading " Delray Beach Police Seeking Dark Volkswagen That Hit Officer and Drove Away " »