South Florida Injury Attorney Blog

As an Aventura wrongful death attorney, I was dismayed to see that a 14-year-old girl has died after a bad car accident with a law enforcement officer. The South Florida Sun-Sentinel reported Jan. 25 that Cara Catlin, a freshman at Northeast High School in Oakland Park, died Jan. 23 in a crash with a Broward County Sheriff’s Deputy. Catlin was riding in a car driven by her 21-year-old stepsister, Heather Meyer, who was also injured in the crash, as was Gabriel Alegria, 15. Both Meyer and Alegria were hospitalized in stable condition. The deputy, 21-year-old Frank McCurrie, was treated for minor injuries and released. Homicide investigators are looking into whether the deputy was speeding when the accident occurred.

McCurrie was going straight through the intersection of Northeast 56th Street and Dixie Highway when Meyer was making a left turn; both had green lights, but Meyer did not have a green arrow. The first reports about the accident said McCurrie didn’t have his lights and siren on when he passed through the intersection. A Broward Sheriff’s Office spokesperson later said McCurrie didn’t need the emergency signals because he wasn’t responding to an emergency. However, a witness told the newspaper that the deputy was going around 70 mph, in a 40-mph zone, before the crash happened. Investigators say it’s too early to confirm that claim, but that it will be investigated thoroughly. Meyer, Alegria and an aunt of Catlin’s, Edie Bronder, all declined comment. Bronder said the family is consulting an attorney.

This is a very sensible decision. Calling an attorney so soon may sound premature to some people, but as a Boca Raton wrongful death lawyer, I know that families need to start right away if they plan legal action against law enforcement. The Broward Sheriff’s Office is a government agency, of course, and all government agencies have special rules governing lawsuits against them. In Florida, these include shorter deadlines for filing and special administrative procedures families must complete before they can file claims. If you’re considering a lawsuit against a police department or any other government agency, it’s very important to make sure you follow these rules to the letter, because deviation can delay your case or even cause you to miss the deadline entirely. If that happens, you may be unable to sue at all, no matter how strong your case is.

Continue reading "Car Crash With Broward Sheriff’s Deputy Kills Fourteen-Year-Old Girl" »

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Posted In: automobile accidents , injuries to minors , wrongful death

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An article in the Florida Times-Union caught my eye because it describes what seems to be a clear example of negligence that ultimately killed an older woman. The Jan. 12 article says a brother and sister have filed a wrongful death lawsuit over the death of their mother, who fell in the shower and sustained second-degree burns covering 24% of her body. Madge Weaver, 87, of Lake Placid wore a necklace from a company called ResponseLink, which connects to an emergency alert system when the user presses a button. But her children say ResponseLink failed to respond to Weaver’s repeated pages with a 911 call, instead calling Weaver’s home repeatedly while her bathtub filled with scalding-hot water. Daniel Weaver of Callahan and Cheryl Pifer of Lake Placid sued ResponseLink Jan. 11 for wrongful death.

Madge Weaver had used her ResponseLink pendant once before, and the operator that time called 911 for her. But this time, the family’s Central Florida wrongful death attorney said, the ResponseLink operator tried to call Weaver’s home to see if she needed help. Weaver was unable to answer the phone because she had fallen in the shower with her body blocking the drain, and couldn’t reach to turn the water off. Weaver paged the service at least eight times in 10 minutes, but nobody came to rescue her until the operator thought to call Pifer, who lived nearby. Pifer arrived six or seven minutes later and immediately called 911, but it was too late. Weaver died two days later of severe burns. The family’s lawsuit alleges that Weaver would have sustained no serious injuries if the operator had called emergency services right away.

As a Coconut Creek wrongful death lawyer, I am disturbed to read that this emergency alert system failed so drastically. People may joke about services like ResponseLink, but they’re valuable tools for older people who want to live independently. In fact, they are designed for exactly this kind of incident -- emergencies in which the victim can’t reach the phone to call for help. ResponseLink and its operator surely must have known that, but by calling Weaver’s home instead of 911, they undermined the point of the system and left a client helpless. As a result, Weaver suffered under a scalding-hot shower for more than 15 minutes and died an avoidable death, with emergency workers just a few minutes away.

Continue reading "Adult Children Sue Medical Alert System Over Mother’s Death in Shower" »

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A recent article in the Orlando Sentinel caught my eye because it touches on an issue important to Tamarac wrongful death lawyers like me. The Jan. 3 article says the parents of a man killed under Florida’s “stand your ground” law are suing the shooter, even though prosecutors are still considering whether to file criminal charges. The Lake County lawsuit accuses Russell Conrad, 70, of negligence in the death of 32-year-old Steven Hilson Jr. Conrad, a neighbor of Hilson’s parents, shot Hilson after discovering him inside Conrad’s parked truck at 4:30 a.m. Nov. 28.

The “stand your ground” law extends the “castle doctrine” found in many states, which permits homeowners to use deadly force against an intruder. In Florida, this right extends to public places if the shooter is attacked and reasonably believes deadly force is necessary to prevent death or great bodily injury. Lake County prosecutors are still deciding whether this applies to Hilson’s shooting. Conrad told police he was awakened by the sound of his own truck’s horn. After two warning shots, someone inside the truck got out. Despite warnings from Conrad to stop or he’d shoot, the person walked toward Conrad, who shot again. The person was Hilson, who was dead before EMTs called by Conrad’s relatives arrived. Hilson had no criminal record but one DUI, but he was described as a severe alcoholic going through personal turmoil at the time. His parents believe he was trying to visit another neighbor where he sometimes stayed.

The State’s Attorney’s office is likely still considering whether to file charges because the circumstances do not fall neatly into those described by the law. As a Pompano Beach wrongful death attorney, I understand how frustrating that must be for Hilson’s parents as well as for Conrad. However, this case is a good reminder that even when state officials do not file criminal charges in connection with a death, victims’ families still have the right to pursue a wrongful death lawsuit. A wrongful death claim cannot put perpetrators in prison, but it can help victims’ families bring those perpetrators to justice. And because these are civil cases, the standard of evidence is slightly lower, allowing families to win a case even when prosecutors believe a criminal case wouldn’t win.

Continue reading "Wrongful Death Lawsuit Filed Over ‘Stand Your Ground’ Law Shooting" »

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As a Pembroke Pines motorcycle accident attorney, I was interested to see an article about a motorcycle crash lawsuit in Palm Beach County. TV station WPTV reported Dec. 29 that a Jupiter man has sued the owner of a motorcycle over a 2007 accident that killed the man’s wife. Daniel and Sandra Casey borrowed a Harley-Davidson motorcycle from Keith Deyo. On Dec. 30, 2007, they were rear-ended by a pickup truck in Indiantown. Daniel Casey alleges that Deyo failed to properly maintain the motorcycle’s brake and rear turning lights, making it harder for the truck’s driver to see that they were making a turn.

According to the article, the Caseys were dragged under the truck after they were rear-ended on the State Road 710 bridge in Indiantown. The truck’s driver then fled the scene. The article did not say whether that driver was ever found. In his wrongful death lawsuit, Daniel Casey claims that Deyo knew the motorcycle’s back and turning lights were not maintained properly before he lent it to the couple. This left them with no way to warn other drivers in traffic when they stopped or turned, making an accident more likely. Daniel Casey’s lawsuit, filed in Martin County, requests at least $15,000 in damages for the wrongful death of his wife.

Like many people, I would prefer to hold the driver of the pickup truck responsible for the accident as well. But as a Boynton Beach motorcycle crash lawyer, I think this case is a good example of how third parties who weren’t directly involved in a crash may also bear some liability. When hit-and-run drivers can’t be identified, they cannot be held personally and financially liable for the crashes they cause. That means victims cannot collect the compensation to which they are entitled, no matter how clear the fault might be. The exception is when a third party can be held liable, as in this case. In addition to the owner or maintainer of faulty equipment, an at-fault third party might be another driver; an auto manufacturer that sold a defective vehicle; or a government agency that failed to adequately maintain a safe road. In these cases, the jury in any lawsuit will determine each party’s percentage of fault, and thus, their share of the financial payment.

Continue reading "Husband of Woman Who Died in Motorcycle Crash Sues Owner Over Alleged Defects" »

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As a Coconut Creek pedestrian accident attorney, I was interested to read about a lawsuit in an unusual pedestrian accident. The South Florida Sun-Sentinel reported Dec. 7 that the widow and daughters of an 80-year-old Hollywood man have sued the operators of the drawbridge from which he fell. Desmond Nolan was walking home from the beach on Sheridan Street when the drawbridge opened over the Intracoastal Waterway. As the bridge rose, he clung to the edge, but eventually couldn’t hold on and fell 60 feet to a concrete bridge below. He died later the same day at a hospital.

The drawbridge has flashing lights and arms that warn travelers not to cross when it’s about to open. However, a video posted on the Sun-Sentinel’s Web site shows that the arm on Nolan’s side of the road did not go down until he was well past it and onto the bridge:
 
The Nolan family alleges negligence by the drawbridge’s operator, Michael O’Rourke; his employer, ISS Facility Services; and two other drawbridge contractors, C&S Building Maintenance and Transfield Services North America. All three companies are contractors to the Florida Department of Transportation. The Nolan family’s attorney said they also intend to sue the Department itself, but must wait six months because of a legally required notification period for suing state agencies. The claim says O’Rourke should have checked for people on the bridge before he opened it, and that he failed to respond to motorists who were honking and screaming to get his attention.

I applaud this family for taking quick action on its legal claim. Some observers may believe it’s callous for the family to file a lawsuit so quickly, but as a Boca Raton pedestrian accident attorney, I know that suing a government agency requires victims to start their claims as soon as possible. As the article notes, people who wish to sue an arm of the Florida state government must notify the agency in writing six months before filing their claims. It’s only after the agency has a chance to reject or accept the claim that victims can file a real lawsuit. Meanwhile the statute of limitations for wrongful death in Florida is just two years. That means that if the family of a wrongfully killed person delays action for a year or more, they may no longer be able to sue at all -- no matter how strong their claim might be.

Continue reading "Family Sues Drawbridge Operators Over Elderly Pedestrian’s Fatal Fall " »

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A two-year-old visiting Florida with her family died Aug. 8 after an accident with an alleged drunk driver, the South Florida Sun-Sentinel reported Aug. 9. Isabella Zepka and her family were visiting Orlando from Durham, N.C., to use a time-share and visit family. She was on her way home from dinner and Sea World on Wednesday when John Molnar, 36, ran a red light and hit the back of her father’s car. Isabella sustained serious internal injuries and a fractured skull; she was taken off life support Saturday. Her brother Alexander, 9, sustained a fractured skull from which he was expected to recover. Her father was not seriously injured.

According to the article, the Zepkas’ car was making a left turn when Molnar ran a red light from the oncoming lane. Officers measured his blood-alcohol concentration at 0.133% and 0.129% in two tests -- both well above Florida’s 0.08% legal limit. Officers also found a plastic bag full of cocaine under the driver’s seat of his car, resulting in an additional charge of drug possession. He told officers that he had had just one beer, the article said, but failed field sobriety tests. His driving record includes a license suspension for a 2008 DUI in New Jersey, as well as four speeding tickets and convictions for careless driving and failure to obey a traffic device, all since 2006.

My heart goes out to the family of this little girl. As a Hollywood car accident lawyer, I’m sorry to say that I regularly see accidents like these, in which alcohol played a deadly role. Drinking and driving may be illegal, but it happens every day in Florida and around the United States. According to 2008 accident statistics from the Florida Highway Patrol, drivers intoxicated by alcohol, drugs or both were responsible for 23.5% of all fatal accidents in the state -- nearly a quarter. This is an improvement over the numbers from four decades ago, but unfortunately, far too many drivers still underestimate the dangers of driving drunk. Until they take this threat seriously and modify their behaviors accordingly, our communities will continue to see senseless tragedies like this.

Continue reading "Toddler Dies in Orange County Car Crash Caused by Accused Drunk Driver " »

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Posted In: automobile accidents , injuries to minors , wrongful death

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The Florida Highway Patrol has announced criminal charges in a semi truck accident that killed six in Glades County last year, the Naples News reported July 16. Ewing Saunders, 67, was charged with six counts of DUI manslaughter and one count of DUI property damage in the Sept. 29 accident. The crash killed Jose Saavedra, Jose Maria Arellano, Lucas Reyes Flores, Rigoberto Reyes Perez, Oscar Humberto Reyes and Sergio Saul Salazar. All six men were in a van on the way to their jobs picking saw palmetto berries, according to the article.

The FHP report said Saunders, of Nokomis, was driving a 2005 Peterbuilt tractor-trailer on State Road 78 in Glades County. As he approached the intersection with State Road 29, he failed to stop for a stop sign and collided with the workers’ 1993 Chevrolet van. All six men were pronounced dead on the scene; no injuries to Saunders were reported. However, testing of Saunders showed that he had a blood-alcohol content of 0.11 -- over the 0.08 legal limit in Florida. The FHP filed charges after a 10-month investigation. Saunders was held on $300,000 bail; if convicted on all counts, he faces decades in prison.

As a Pompano Beach big rig accident lawyer, I was struck by the fact that this is a DUI manslaughter case. Statistically, truckers drive drunk at much lower rates than other motorists -- possibly because they can have their commercial licenses suspended for just one infraction. According to the National Highway Traffic Safety Administration, truck drivers were just 1% of drivers involved in fatal crashes in 2007 who were legally drunk; they also had the lowest rate of previous DUI convictions of all drivers involved in fatal crashes.

But when truck drivers do drive under the influence, the results can be deadly. Because trucks are so large and heavy, they are nearly guaranteed to cause serious damage to passenger vehicles in any collision -- killing or very severely injuring the people inside. That’s why statistically, the vast majority of people killed in semi truck crashes are people in other vehicles. When they are not killed, victims often sustain catastrophic or disabling injuries requiring lifelong medical care, such as brain damage or paralysis. As a Hallandale tractor-trailer accident attorney, my job is to help these victims win a fair insurance settlement, so they can get needed medical care and put their lives back together -- but I would much rather see fewer families devastated by a truck driver’s negligence.

Continue reading "Truck Driver Faces DUI Manslaughter Charges in Southwest Florida Trucking Accident" »

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Posted In: large truck accidents , wrongful death

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Family and friends say Miami Beach police officers mistook the identity of a man fatally shot early Sunday morning, the Miami Herald reported June 16. Husien Shehada, a 29-year-old limo driver from Woodbridge, Virginia, was shot by police in a confrontation outside a club around 4 a.m. on June 14. His brother, engineer Samer Shehada, 31, was arrested in the incident for battery.

The police were in the area responding to a call about an armed man, around the same time that the brothers and their girlfriends left their hotel. They stopped the younger Shehada, and a confrontation ensued. The Herald said it wasn’t clear what happened; the police department declined to comment. A cousin to the brothers, Najwa Ghannam, told the Herald that Husien Shehada was unarmed. Police did say that Samer Shehada was charged with battery for allegedly beating a woman and kicking her in the head. His girlfriend, Karlia Karpel, denied this, saying she was with him throughout Saturday night and Sunday had no bruises. The family’s defense attorney said police asked each individual involved whether they spoke Arabic.

I hope that the implication that racism played a part in this incident turns out to be false, although it’s impossible to know right now. But if family members are right that Husien Shehada was unarmed, the police will have to present a compelling argument to show that he was a serious enough threat to justify lethal force. Officers do a dangerous job and have the right to shoot when they believe their lives are in danger -- but it’s hard to imagine how an ordinary unarmed man might have posed such a threat. If this death is a result of police misconduct, the family has every right to file a Miami-Dade wrongful death lawsuit against the police.

Cohn, Smith & Cohn has handled many wrongful death cases over more than 25 years of practice, so we know all too well that a South Florida wrongful death lawsuit can’t bring back the person who was lost. However, family members frequently encounter serious financial problems after an unexpected death caused by someone else’s actions. Families dealing with fatal injuries can face very high medical bills, funeral costs and other expenses related to the accident. If the victim was a breadwinner, they also lose an income immediately, and permanently. And for many families, a wrongful death claim is a way to bring wrongdoers to justice and publicly expose the wrongdoing that led to their loss.

If you’ve lost a loved one to another person’s careless or illegal actions and you’re considering a legal case, Cohn, Smith & Cohn can help. To contact our Aventura wrongful death attorneys for a free consultation, please send us an email or call our main office at (954) 431-8100.

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Attorneys for the University of Central Florida have asked to end discovery in an Orlando wrongful death lawsuit over the death of a freshman wide receiver during off-season drills, the Orlando Sentinel reported June 11. Ereck Plancher died in March of 2008, at the age of 19, from extreme physical stress that aggravated a genetic condition called sickle-cell trait. His parents, Enock and Giselle Plancher of Naples, allege that coaches and trainers negligently failed to recognize and treat Ereck Plancher’s suffering before he collapsed during a workout.

Sickle-cell trait is a genetic condition caused by inheriting one of the two genes necessary for developing sickle-cell anemia. It’s found in about a tenth of African-Americans, as well as others of Mediterranean and African descent. People with sickle-cell trait don’t necessarily get sick, but they’re susceptible to several problems, including sudden circulation problems (due to blood cell sickling) because of exercise-induced dehydration and extreme fatigue. UCF officials were aware that Ereck Plancher had the condition, but said they handled it properly and did everything they could to save his life. The Planchers disagreed in their lawsuit, saying coaches and trainers ignored signs of extreme fatigue and made him continue drills.

Judging by the article, a trial in this case is still months away. But as a Silver Lakes wrongful death attorney, I would like to know how well Ereck Plancher communicated his symptoms to his coach. Student athletes are generally discouraged from complaining about tough workouts, especially on the competitive college level. This young man may have tried to tell his coaches that he wasn’t feeling well -- or he may have kept it to himself, fearing that he would be penalized for “whining.” While that’s an understandable policy in general, it’s dangerous under certain circumstances. Allowing one student to sit out a drill is not without costs, but the costs can’t possibly be higher than the life of a young man.

Cohn, Smith & Cohn handles a variety of claims involving negligence by coaches, teachers and others in charge of the health of kids, teens and young adults. In addition to wrongful death claims over known health conditions, coaches and sports organizations may be liable for failing to recognize and treat signs of ordinary but serious problems such as heatstroke or concussions. They could also be liable for failure to properly equip and train young athletes to help them avoid injuries. Victims of this careless behavior, and their families, have the right in Florida to file a Palm Beach County wrongful death lawsuit or personal injury claim.

If you have lost a loved one because of another person’s carelessness, you should call our law firm, Cohn, Smith & Cohn, as soon as possible. With more than 25 years of experience, we have helped numerous South Floridians recover from the serious emotional and financial effects of a wrongful death. Our Tamrac wrongful death attorneys can help you claim the money you need to pay medical and funeral bills and make up for any loss of income, as well as compensation for your grief and permanent loss of your loved one. And we offer free, confidential consultations, so there’s no risk in speaking to us about your rights and your options. To learn more, you can contact us online or cal our main Hollywood office at (954) 431-8100 today.

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The Palm Beach County Sheriff’s Office is investigating in the wake of the deaths of two middle schoolers at a sleepover, the South Florida Sun-Sentinel reported June 3. Loretta Wilson was non-fatally poisoned in the incident that resulted in the death of her 11-year-old daughter Amber and Amber’s friend, 12-year-old Caitlin Brondolo. Loretta Wilson was released from the hospital June 1, a day after the girls were found dead.

The Sheriff’s Office has retracted initial reports that Wilson told them she left her car running in a closed garage overnight because she couldn’t shut it off. A spokeswoman said their office was the source of the confusion, but did not elaborate. After the incident, investigators found the car shut off and the keys in the home’s kitchen. The spokeswoman said an expert was called to examine the car, but detectives still plan to interview Wilson in connection with the deaths.

The retraction leaves important questions about the incident unanswered. Carbon monoxide poisoning is a well-known danger that kills about 440 people in the United States every year and sends about 15,000 others to emergency rooms. Running but parked cars are one common source of carbon monoxide gas; others include generators, space heaters, and indoor charcoal and wood fires. Carbon monoxide can be breathed but doesn’t carry oxygen into the body, causing dizziness, confusion, lethargy, nausea and vision problems. Because these symptoms are common and can harm decision-making, victims may not realize they are being poisoned until it’s too late.

If Wilson had left the car running overnight in a closed garage, as originally suggested, she could have been found negligent -- a word used in the law for failure to exercise a reasonable degree of care. Not only could she have been charged with a crime, but she would have been liable in any Deerfield Beach wrongful death lawsuit brought by other relatives of the victims. Close family members in Florida have the right to sue people whose carelessness or deliberate actions cause the deaths of their loved ones. That’s true whether or not Florida prosecutors have chosen to file criminal charges related to the death.

If you’ve lost a loved one through someone else’s bad decisions, Cohn, Smith & Cohn would like to help. Our Jupiter wrongful death lawyers can’t bring back a lost person, of course, but we can help clients throughout South Florida demand justice and defray some of the serious financial problems a death can cause. In a Opa-Locka wrongful death lawsuit, we can help clients recover the financial costs of the death, including funeral costs, medical bills and lost income, as well as compensation for their own grief and losses. To learn more about your rights at a free, confidential consultation, please contact us via email or call our main Broward County office at (954) 431-8100.

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The mother of a 12-year-old boy who died at a state-run group home for kids has sued, the Miami Herald reported May 20. The lawsuit by Martha Quesada alleges that her son, Denis Maltez, was given too many psychiatric medications and not properly monitored by doctors. Maltez, who had severe autism, was on an outing with the state-funded Rainbow Ranch group home in 2007 when he died of serotonin syndrome, a rare but life-threatening reaction to an overdose of drugs or combination of drugs that includes many psychiatric medications.

Maltez had violent outbursts, including an attack on his sister that led Quesada to put him in the group home. On the day of his death in May of 2007, he had gone out with other kids from the home to get haircuts, but became violent with group home staffers. He became unresponsive after staffers restrained him on his stomach inside their van, then died. The next month, Rainbow Ranch was closed by the state.

After Maltez arrived at Rainbow Ranch, the Herald said, he was switched to the on-staff psychiatrist there, who saw Maltez once during his year at the home. That doctor, Steven Kaplan, put Maltez on four drugs: two antipsychotic drugs, a tranquilizer and an anti-seizure drug that can be used as a mood stabilizer. The lawsuit alleges that these drugs were used as a chemical restraint to control his behavior and caused him to sleep through school. During his year at the home, teachers sent Maltez to the hospital because of over-medication concerns. The anti-seizure drug was reduced on the second hospital’s recommendation, but increased again six months later. Maltez was also the subject of an anonymous call to the Florida Department of Children and Families child abuse hotline suggesting he was over-medicated.

Doctors consider serotonin syndrome a type of poisoning. It’s caused by excess production of a brain chemical called serotonin, a neurotransmitter that regulates mood, sleep, metabolism and appetite. That excess production is caused by too many drugs or the wrong combination of drugs that affect brain activity, including antidepressants, opioids, central nervous system stimulators, some street drugs and certain herbs and amino acids. Symptoms include tremors and muscle contractions, elevated heart rate, sweating, confusion, agitation and hallucination.

Though a lawsuit’s complaint only tells one side of the story, these facts seem right on target for a South Florida medical malpractice lawsuit. The symptoms of serotonin toxicity could easily be mistaken for bad behavior, especially in a child who staffers knew to be aggressive and may not have been able to communicate well. If Maltez really was over-medicated and under-supervised, his family would have a strong case for their Miami medical malpractice wrongful death claim.

Our firm, Cohn, Smith & Cohn, represents children and adults throughout South Florida who were seriously hurt or even killed by the negligence of a medical professional. If you believe you or a loved one suffered an injury or illness because of bad decisions by doctors and others, we would like to help. Our Cooper City medical malpractice lawyers have more than 25 years of experience helping seriously injured people win the money they need for medical treatment, living expenses and compensation for an injury, disability or wrongful death. To learn more at a free, confidential consultation, please contact us online or call our main office in Broward County at (954) 431-8100 today.

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A man accused of causing a fatal Manatee County motorcycle crash was found guilty of a related traffic violation, the Bradenton Herald reported May 7. James Brand pleaded no contest to a traffic citation he received after making an illegal left turn in front of a motorcycle. The motorcyclist, 50-year-old Donna Burmeister, was thrown from her bike and killed in the crash. Brand has not been criminally charged in the crash, but a Florida Highway Patrol spokesman said an investigation is still underway.

It is unclear from the article how the accident happened, but Brand was cited for making an illegal left turn into Burmeister’s path -- a common and deadly pattern in motorbike accidents. Florida law required the maximum sentence for the traffic violation: a six-month license suspension, a $1,000 fine and points on his license once he completes the suspension. Because he was adjudicated guilty of the charge, he is also liable in any South Florida motorcycle crash lawsuit victims choose to file. Burmeister’s adult son, Gavin Cipaldo, told the newspaper that he would prefer a criminal charge in the case.

Even if the agency does not come back with criminal charges for Brand, Cipaldo and his family can still pursue justice through a Florida motorcycle accident lawsuit. A lawsuit cannot put a careless driver in prison, of course, but it allows the family of a wrongfully killed biker to hold that driver responsible for his or her actions in a court of law. It also allows them to defray some of the financial costs of a motorcycle accident, which can be quite steep. In a wrongful death case like this one, family members can recover funeral costs; any medical and repair costs; income the family will lose throughout the lost person’s working lifetime; and compensation for their own emotional losses. In an injury case, the victim would instead be eligible to recover compensation for injuries, pain, suffering and any permanent disability or disfigurement.

My law firm, Cohn, Smith & Cohn, specializes in representing motorcycle accident victims such as these. I ride myself, as does my wife, so I understand what motorcyclists face every day on Florida roads. Our Pompano Beach motorcycle crash lawyers represent injured bikers aggressively when dealing with insurance companies and others eager to blame them for the accident. With more than 25 years of experience, we have a strong record of success in motorcycle cases, winning money that allows our clients to get the medical care they need, and when possible, eventually get back on the road.

If you or a loved one has been seriously hurt in a motorcycle accident in Florida, Cohn, Smith & Cohn would like to help. For a free consultation on your case and your rights, please contact us online or call our main Hollywood office at (954) 431-8100 as soon as possible.

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In response to a new discovery in a 32-year-old murder case, Florida legislators are considering extending our state’s statute of limitations -- the deadline by which potential plaintiffs must file their cases -- in Florida wrongful death lawsuits. The Jeffrey Klee Memorial Act would extend the statute of limitations from two years to indefinitely in wrongful deaths caused by murder or manslaughter, the Miami Herald reported March 29.

The bill follows the discovery of the body of Jeffrey Klee, an 18-year-old who disappeared in 1977, in a canal in Coral Springs. Police believe they have identified the killer, and thanks to a 1996 change in Florida criminal law, they can charge the man criminally -- even though there was a three-year deadline in effect for manslaughter in 1977. But the law for civil wrongful death claims didn’t keep up. Family members have just two years from the date of the death to bring a claim, even when they had no way of knowing about the death or the person responsible.

After reading about the family’s situation, two state senators introduced a bill to change that. It would not allow Klee’s family to bring a case themselves, but it would allow future families in their situation to bring a wrongful death claim for murder or manslaughter “at any time.” According to the Florida Legislature’s Web site, the bill is currently in committee.

As a South Florida wrongful death attorney, I strongly support this bill. Statutes of limitations are absolute deadlines, which means you may not file a lawsuit, no matter how valid your case is, if that deadline has already passed. This sometimes means I must turn away families with strong cases and clear injuries, simply because the deadline has come and gone. This bill would correct that injustice -- and even better, it may allow some families to take the time they need to grieve before they begin to think about pursuing a Florida wrongful death lawsuit.

A wrongful death claim allows Florida families that have lost someone because of another party’s negligence to hold that party legally liable. In most cases, that means both the emotional harm and the financial harm caused by the death -- loss of an income, household services, funeral costs and other costs. Financial compensation might sound inadequate to families who have lost someone dear to them -- and it is. But financial compensation can also be very important to a family struggling to make ends meet after a breadwinner was taken too soon, or as a means of punishing very serious wrongdoing.

Importantly, families may pursue a wrongful death claim in Florida regardless of whether there is also a criminal case against the perpetrator. If you have lost a loved one in Florida and you would like to discuss your case and your options, you should call our firm, Cohn, Smith & Cohn. Based in Dade and Broward Counties, our Pembroke Pines wrongful death attorneys serve clients throughout South Florida. To set up a free consultation, please call our main office at (954) 431-8100 or contact us online.

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The Florida Supreme Court recently handed down a decision that many see as a victory for families of wrongfully killed children in Florida. In Fields v. Kirton, No. SC07-1739 (Dec. 11, 2008) (PDF format), the state high court considered whether parents and guardians may sign a release on behalf of their minor children, when the release has to do with a commercial activity. It decided that they do not have the authority to release their children's liability, which means that the estate of any minor killed in a commercial setting may now sue for wrongful death in Florida.

A release is a contract limiting or removing the legal liability of the company offering the commercial activity. In short, it generally says that you agree to not sue the company if the child is injured during the activity. They are routine parts of the business of bumper car parks, batting cages and other commercial activities that could be dangerous. In this case, a waiver was signed by the father of Christopher Jones, a 14-year-old who was killed at a motorsports park after his ATV landed on top of him. The representative of the teen's estate, Jordan Fields, eventually sued the park and some of its personnel for wrongful death. The defendants asked to throw it out, pointing to the waiver and release the elder Jones had signed. The trial court agreed. On appeal, the Fourth District Court of Appeals reversed that decision, allowing the estate to sue.

The Florida Supreme Court agreed with that decision, ruling that all waivers signed on behalf of minors are invalid in Florida, if the waiver was for a commercial activity. Pointing out that waivers and releases protect the best interests of the business, not the minor, it wrote that these contracts leave the business with no incentive to take reasonable care for the minor's safety. That leaves a strong possibility that the family and the state will suffer the personal and financial burden of the injury, the majority wrote. However, the court drew a distinction between "commercial activities" and "school-sponsored" or "community-run" activities. Citing caselaw from Florida and elsewhere, it wrote that commercial enterprises may buy liability insurance, whereas nonprofit or school enterprises cannot afford it and may choose to close rather than provide services.

Practically speaking, this means that no release or waiver of liability for a minor engaged in a commercial activity is valid in Florida. (After all, minors may not form contracts for themselves.) That could be very important to Florida families that have lost children to a business's careless or reckless behavior. The wrongful death of a child is devastating; the family's discovery that they have no legal recourse against the responsible parties only compounds that pain. Thanks to this ruling, Florida families can now hold responsible parties liable for illegal or negligent actions and seek justice for the children they've lost forever.

As a wrongful death attorney in Aventura, I know all too well that it's impossible to put a price on a human life. But wrongful death lawsuits offer practical benefits to families: money for medical bills, funerals and other expenses related to the accident, as well as the chance to hold wrongdoers legally responsible for the results of their actions. If you have lost someone you love to someone else's carelessness and you'd like to learn more about your options, please contact our experienced South Florida wrongful death attorneys for a free consultation.

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Posted In: injuries to minors , wrongful death

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A teenager helping his father work at a construction site was killed Jan. 11 when a trench unexpectedly collapsed around him, the Sarasota Herald-Tribune reported. Danilo Riccardi Sr. was part of a construction crew installing concrete culverts at a church, where he brought his three sons, ages 12 to 14, to help out. When he needed water to mix cement, he sent the eldest, Danilo Riccardi Jr., to get some water. But when the younger Riccardi went to the eight-to-ten-foot trench to scoop up some standing water (there was no running water at the site), the walls of the trench collapsed and buried him in a quicksand-like mud. A large rescue crew dug the teenager out but was unable to revive him.

As a spokesman for the Charlotte County sheriff's office said in the article, this situation is a tragedy. My heart goes out to the Riccardi family. But as a South Florida construction accident attorney, I wonder what the Occupational Safety and Health Administration investigation will conclude about the accident. OSHA rules do not apply to non-employees, but construction companies still must take reasonable care not to harm non-employees that visit construction sites. That includes employees of other contractors, passers-by and visitors like the three teenagers. Of course, everyone is still responsible for taking reasonable care around dangerous situations.

Falls are the most common fatal accident at construction sites nationwide, according to statistics from the U.S. Department of Labor. (And construction work is consistently one of the deadliest job categories in the United States.) For that reason, OSHA safety rules require that employers provide fall protection (such as a guardrail or a net) in any situation with a potential fall of six feet or greater, as well as a fall of any height into dangerous equipment. There are many similar safety regulations addressing other hazards, and employers may also be required to train employees on good safety practices.

When employers fail to meet these basic legal duties, workers and others can be killed in a Florida construction accident. And when that happens, victims' families have the right to sue the construction companies responsible, unless workers' compensation payments are available. In a Florida wrongful death lawsuit, families can recover medical costs, funeral bills, lost income and other costs related to the accident, as well as compensation for the sudden and irrevocable loss of the loved one's care, companionship and love. If you have lost someone to carelessness and you are considering pursuing a claim, Cohn, Smith & Cohn can help. To set up a free consultation with our attorneys, please contact us today.

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Posted In: construction accidents , injuries to minors , wrongful death

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The family of a former Polk County commissioner who was killed in an auto accident last year has filed a wrongful death suit, the Lakeland Ledger reported Jan. 13. According to the article, Marlene Duffy Young was killed in May when an oncoming driver crossed the center line and hit her vehicle head-on. The driver, William Boyd Johnson, was also killed, and Young's husband and adult daughter were hurt. Blood tests on Johnson revealed that he had a BAC of .077 (just under the legal limit), as well as Valium and cough medicine in his body.

The wrongful death lawsuit names Johnson's wife as a defendant, but it also names State Farm, the Young family's auto insurer, and their insurance agent. According to the article, the Youngs are suing State Farm and the agent because the agent allegedly ignored their request for "stacked" underinsured motorist auto insurance. The Johnsons did not have enough insurance to cover the costs of the accident, and the Youngs contend that State Farm is wrongfully refusing to make up the difference, as it would be required to if the insurance had been stacked as they had requested.

"Stacking" your auto insurance means that the upper limit of your insurance policy increases by the number of cars you are insuring. For example, let's say you have uninsured/underinsured motorist coverage with limits of 50,000/100,000. If you have two cars and you do not choose to stack, the limit is 50/100 on each car. But if you choose to stack, the insurance limits double to 100/200. If you have three cars, they would triple to 150/300. This increases your premium, of course. As you can see, this could make a substantial difference to a family like the Youngs, who had three of its members in the hospital at the same time after the accident. The cost of treating even one very serious injury can easily reach six figures.

The Youngs claim that State Farm wrongfully refused to provide the materials necessary to sign them up for the stacked coverage despite their request. Unfortunately, that is not an unrealistic claim. Despite what many people think, insurance companies are not here to help their customers -- they're here to make a profit, like all businesses. When insurance companies have to pay out a very large benefit, some of them look for excuses to avoid it, even when their own contract clearly obliges them to pay. This is called insurance bad faith, and as a breach of the contract you and the insurer both signed, it is illegal.

As a Broward County auto accident lawyer, I advise my clients to treat insurance adjusters politely but never sign, record or admit anything that makes them uncomfortable. And whenever necessary, I vigorously defend my clients from insurance bad faith and other unfair or illegal maneuvers by insurers. If you or someone you love has been victimized twice by an auto accident and an insurance company that won't do the right thing, my firm, Cohn, Smith & Cohn, can help. To set up a free consultation on your legal rights and your options, please contact us online or call (954) 431-8100.

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Posted In: automobile accidents , insurance coverage , wrongful death

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The St. Petersburg Times recently ran an article on the complications faced by two sisters who are trying to track down the truth about their mother's death. Their mother, Anne Talley, died after going into cardiac arrest at the Hard Rock Hotel & Casino in 2007. The sisters, one of whom was on the scene that night, dispute claims about how quickly the casino staff called 911 after Talley collapsed and what other steps they took to treat her before emergency medical technicians arrived. They want the casino to release records that could end the dispute -- but because the casino is owned by the Seminole Tribe, they cannot force the issue. The Seminoles, as a sovereign nation, are immune from lawsuits under the legal concept of sovereign immunity.

Sovereign immunity is a legal concept saying governments can't be sued, simply because they are governments. That includes Indian tribes, whose land is technically a kind of foreign nation. It also applies to the federal government, states and many local governments. Governments often waive their immunity for specific purposes, such as a lawsuit alleging wrongdoing by government officials, but they're under no special obligation to do so. In fact, when they do lift it, they frequently make it more complicated and difficult to sue them than it would be to sue a private individual or business. For example, many government agencies require you to go through a non-judicial grievance process before you may sue, or notify them that you plan to sue within a very short time after an accident.

The idea behind sovereign immunity is to protect public funds (and thus taxpayers) from lawsuits that could bankrupt them. But in an age when governments can and do get liability insurance, it's hard to see this doctrine as anything other than a convenient way for governments to avoid responsibility for their own actions, or the actions of their employees. Because the Seminoles decline to turn over the records or simply settle, the sisters have no other recourse. In fact, the article notes that they lost their lawyer because there was nothing else he could do for them. That may all be perfectly legal, but it denies them access to justice, the chance to file a Florida wrongful death lawsuit and perhaps peace of mind over their mother's death. (Victims of cruise ship injuries who have signed unfair contracts are in a similar situation.)

Because of these severe restrictions on lawsuits against the government, I always tell clients with these claims to act as quickly as possible after an accident. If you are suing a government entity that has waived its immunity, you often must still meet requirements with very strict deadlines -- some as short as 30 days. If you're considering this kind of claim, I urge you to contact my firm, Cohn, Smith & Cohn, as soon as possible to preserve your access to the courts. We offer free consultations, so there's no risk in speaking to us to learn about your rights and your options.

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Posted In: premises liability , wrongful death

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The Tampa Bay Tribune recently ran a truly tragic story about a fatal pedestrian accident in St. Pete Beach. A man and his wife were walking to the store when they were hit by a van that swerved onto the sidewalk for no obvious reason. The man survived; the woman died, leaving behind her husband and three children, as well as a mother in the Tampa area. Blood testing showed that the driver of the van had four prescription drugs in his system, including Valium and Xanax. He told police that he was not under a doctor's care. But after two doctors decided that the levels of the drugs in his system weren't high enough to impair him, the prosecutors in the case declined to charge the driver with any crime. He has received only a ticket for reckless driving.

I can only imagine how difficult it must be for this family to live with this situation, and to accept the prosecutor's decision in this case. My heart goes out to them. I am not a criminal lawyer and it would be inappropriate to judge the driver's criminal culpability, especially since the article couldn't have included all of the relevant facts. But as a Florida wrongful death attorney, I do know that sometimes the civil courts can do a job that the criminal courts cannot or will not. Families may not be able to file criminal charges over a prosecutor's objections, but they do have the right to pursue a wrongful death lawsuit.

A wrongful death lawsuit cannot bring victims of a wrongful death back, although we wish it could. Instead, it seeks to hold wrongdoers legally and financially responsible for their actions. By taking them to court, families who have lost a loved one unexpectedly can hold wrongdoers accountable under the law and sometimes prevent other families from experiencing the same loss and anguish. They can also help to replace an income unexpectedly lost, and the cost of household help, like baby-sitters, that might be necessary if the victim is a young parent, as in this case. And finally, a Florida wrongful death lawsuit also allows victims to claim compensation for the loss of their loved one's care, companionship, love and other emotional benefits.

Because a lawsuit isn't seeking to put anyone in prison, the burden of proof is lower in a wrongful death lawsuit than it would be in a criminal case. That means families may file a wrongful death claim even when there is no criminal prosecution, as in this case -- although families can and frequently do pursue both kinds of case. If you've lost someone you care about through another person's carelessness or illegal behavior and you’d like to learn more about your options, my firm, Cohn, Smith & Cohn, would like to help. Contact us today for a free consultation.

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Posted In: automobile accidents , wrongful death

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A woman in the Orlando area was killed in late October when she was hit by a man in an SUV. According to the Orlando Sentinel, the victim and her husband were riding across the Granada Bridge in marked bike lanes when she was struck from behind by the driver. Her husband was not injured and the driver stopped at the scene.

With so many people seeking alternative transportation in this time of rising gas prices, this sort of accident bears attention. It's worth noting that the victim was in the bike lane -- right where she was supposed to be -- and that she was struck from behind. According to a study of Orlando-area bike accidents (PDF) by a partnership of regional transport agencies, only 5% of fatal bicycle accidents happened when the cyclist was in the bike lane, and even fewer were rear-end accidents. Judging only by this very short article, it looks like the problem was in the SUV.

Finding the correct lane and staying in it protects everyone -- car, truck, motorcycle, bicycle and pedestrian -- from serious accidents. The difference is that bicyclists don't have heavy gear, seatbelts or airbags to protect them. They still have the responsibility to take care -- the Orlando study notes that intoxication and lack of lights at night are factors in multiple cyclist fatalities -- but drivers have a responsibility to take care too. Florida has generous bicycling laws that require drivers to leave three feet at the side of the road for cyclists, not counting gutters, and allows them to cross a center line to do it. Sharing the road in this way only takes an extra moment and could prevent a deadly accident like this one.

If you were hurt in a bicycle accident with a careless motorist, you have the right to hold that person responsible for the results -- medical, financial and personal. The Florida bicycle accident lawyers at Cohn, Smith & Cohn can help. To learn more about your legal options, please contact us today for a free consultation.

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Posted In: automobile accidents , bicycle accidents , wrongful death

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A bereaved husband insists that "road rage" was responsible for his wife's fatal motorcycle crash in Volusia County Oct. 18. Susana Marques of Caracas, Venezuela was visiting our country as part of the Latin American Motorcycle Association. According to the Daytona Beach News-Journal, they were on their way to a Biketoberfest event in Deltona, riding in a group of about 50, when a woman in an SUV entered the bikers' lane, forcing Carlos Marques to hit the brakes. He and his wife were thrown from their bike. Susana Marques died at a hospital later; Carlos Marques was injured.

The road rage allegations pit the club against the Florida Highway Patrol. The bikers say the woman in the SUV repeatedly cut into their lane, intentionally forcing them to brake; the FHP claims the cause of the accident was the lack of time Carlos Marques had to brake. In my opinion, as a long-time motorcyclist and an experienced Florida motorcycle accident lawyer, the FHP's statement is a bit like being told a death was caused by the victim ceasing to breathe. He clearly didn't brake in time -- the question is why. The motorcycle club rides with video cameras that may hold the answer to that question, fortunately.

The FHP also pointed out that the bikers were riding in the left lane in violation of Florida law. While this might be an explanation for the road rage the club alleges, it is in no way an excuse -- particularly since that law is not consistent across the United States and routinely ignored even by Floridians. Intentionally cutting someone off is a dangerous and irresponsible way to drive. When it causes a death or a serious injury, it might also be a crime. My heart goes out to the Marques family and the entire club.

Bikers are generally sensitive about aggressive behavior by drivers of cars, trucks and SUVs, and there are good reasons for it. One is that a motorcyclist will almost always sustain the more serious damage in an accident with a car, simply because of the weights of the vehicles and the biker's lack of a steel cage. The other is that some drivers really do have a personal problem with motorcycles, because of outmoded stereotypes or misconceptions about how the law applies to bikes. But neither is an acceptable reason to use your car as a weapon. If you're a biker who's been seriously hurt in an accident with an irresponsible cage, you may be able to win compensation for your injuries and costs. Contact us at Cohn, Smith & Cohn to discuss your accident and your legal rights.

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Posted In: automobile accidents , motorcycle accidents , wrongful death

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A jury in Manatee County in late October heard a wrongful death lawsuit filed by the parents of a young woman killed as a passenger in a fatal Florida motorcycle accident. The Bradenton Herald reports that the parents of Jaclyn Bien are suing the motorcycle's rider, Ricky Lee Rowell, alleging that his underage drinking and reckless speeding caused the accident.

According to the family's attorney, 19-year-old Bien met Rowell, then 20, at a friend's party. They went for a motorcycle ride together that night, during which Rowell exceeded 100 mph, the attorney alleged. At an intersection, they crashed, killing Bien and leaving Rowell with non-life-threatening injuries. Rowell's blood-alcohol level was measured at 0.03 -- below the legal limit for people of legal drinking age, but above Florida's 0.02 limit for underage drivers. In the Florida wrongful death lawsuit, Bien's family is seeking $5 million to $10 million in damages. However, they don't expect to actually recover the money, even if they win; their attorney told the paper that a judicial decision would be enough.

I can't presume to judge Rowell's responsibility for the accident; that's for the jury in this case to do. But as a motorcyclist, I am concerned that this kind of case invokes the worst kinds of stereotypes about motorcycles and the people who ride them. As a responsible and safe rider, I do not support the behavior alleged by Bien's family's lawyer. Underage drinking is illegal, drinking and driving is wrong for everyone, and speeding in excess of 100 mph on a motorcycle -- while fun -- is a risk even when the rider is sober. On a curve, at night and with alcohol in your system, it's a very bad risk.

The vast majority of experienced riders know that, and thanks to Florida's new-rider education law, lots of new ones will soon have food for thought. Motorcycle accidents are often very serious accidents, causing deaths, brain injuries and other life-altering injuries. If you've been hurt on a motorbike through someone else's carelessness -- whether it was a rider or a driver in a car or truck -- you have the right to hold that person legally responsible for the injuries and costs they cause. At Cohn, Smith & Cohn, we offer free consultations, so there's no harm in speaking to us about your case. contact us today to set up a free evaluation of your case.

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Posted In: motorcycle accidents , wrongful death

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The news from our Central Florida neighbors has focused recently on a terrible Florida trucking accident that happened between a semi truck and a school bus on September 23. The truck rear-ended the school bus in Citra, near Ocala, causing both vehicles to burst into flames. The accident killed a 13-year-old girl, a middle school student on the bus. Nine other students were injured, along with the bus driver and the driver of the truck.

Importantly, the Florida Highway Patrol believes the truck driver was using a cell phone right before the accident. According to the Orlando Sentinel, the driver told the FHP he was using the phone on the day of the accident, but refused to say exactly when. Authorities told the paper that the driver will be charged with reckless driving, at a minimum, depending on whether their investigation turns up new information.

Banning the use of cell phones while driving isn't popular with everyone; only a handful of states require drivers to use hands-free headsets on the phone. But as the article notes, this accident serve as a wake-up call for Florida drivers who continue using their phones on the road. As a Florida auto accident lawyer, I see plenty of accidents that were caused by distracted driving -- using a cell phone, eating, rubbernecking and other activities that take the driver's eyes off the road. In fact, a 2006 study by the AAA and the Virginia Tech Transportation Institute found that distractions made a driver almost three times more likely to be in an accident. Phones, drowsiness, reading and eating were the most common distractions the study found.

The Governor of California signed a law banning text messages for drivers of any age in the same week that the accident occurred. California had already banned talking on the phone while driving. Those laws may be a tough sell in freedom-loving Florida, but I believe they would make our roads safer. A serious traffic accident is a life-changing event that causes death or very serious injuries, and we should do all we can to prevent them. But if you or someone you care about has already become a victim of a serious traffic crash, you should speak to us at Cohn, Smith & Cohn to discuss your rights as an accident victim and the legal options open to you. You can reach our main office at (954) 431-8100 or click here to fill out our confidential online case evaluation form.

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Posted In: injuries to minors , large truck accidents , wrongful death

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The three adult children of a woman killed by a truck's improperly secured cargo won $1.7 million recently in a wrongful death lawsuit, the South Florida Sun-Sentinel reported. Claudia Avila was a passenger in a car traveling on Interstate 95 more than four years ago when a flatbed truck carrying a load of metal plates lost part of its cargo, sending a 34-pound metal plate crashing through the windshield in front of Avila. She was on life support with severe head injuries for more than a month before her death.

Despite the severity of the accident, the truck carrying the metal plates apparently did not stop; it took investigative work by the family's lawyer to uncover the names of the companies involved in the accident. The trucking company and the scrap metal company it delivered its cargo to settled with the family, but the manufacturer of the metal plates opted for a trial, where it was found liable for improperly securing the plates and hit with a $1.7 million judgment.

Florida wrongful death lawsuits are always hard. There is no doubt in my mind that Avila's children would rather have their mother back than this money. But because they cannot, I am glad to see that they and their lawyer have managed to track down the people at fault and hold them legally responsible for this accident. A wrongful death lawsuit can help them in small ways, by paying them back for the costs of the accident, including the costs of intensive care and a month of life support. It can also compensate them for the incalculable loss of their mother's love, support and advice.

And, I hope, it may even prevent future accidents by bringing home the importance of safety to those who carry heavy loads up and down our nation's highways every day. Most of us don't think about poorly secured cargo when we think of Florida trucking accidents, but loads that shift or drop off in transit can cause deadly accidents just like this one.

If you or someone you love has been wrongfully killed in an accident in Florida, contact Cohn, Smith & Cohn today for a free consultation about your case and your rights.

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Posted In: automobile accidents , large truck accidents , wrongful death

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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.

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Posted In: automobile accidents , wrongful death

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Florida’s Move Over Act has been in the news recently because of stepped-up enforcement. If you’re not familiar with the 2002 statute, it asks motorists to change lanes when approaching police and other emergency workers at the side of the road. If it’s not possible to change lanes safely or there’s no second lane, they must slow down substantially. The goal is to reduce the deaths of emergency workers and the people they’re helping, who are sometimes hit by passing motorists. According to the Florida Highway Patrol, drivers killed five people in this manner and wounded 419 others in the five years between 1996 and 2000, before the law was passed.

I was reminded of this law -- and some drivers’ objections to it -- when I saw this article in the Orlando Sentinel. Two people were killed on Interstate 4 in just such an accident. The victims pulled their pickup truck into the emergency lane and a tractor-trailer slowed to help them out. The driver of a car behind the large truck, not realizing anyone was in the emergency lane, swerved around it and hit them. In addition to killing both, the car’s driver is now hospitalized in serious condition. Everyone involved has my deepest sympathies.

This story illustrates how vitally important it is to be cautious around pulled-over vehicles -- and never to make assumptions when the vehicle in front slows down. It’s hard to track down statistics on how many people are killed in emergency lanes each year, but I know from my 35 years of experience as a Florida car crash lawyer that it’s a lot. And frankly, any number greater than zero is too many. An emergency lane is set aside for use in emergencies; we all have an interest in making it a safe place to get out and change a tire or make a phone call. Using it to pass is both dangerous and illegal. Speeding past law enforcement officers in the right lane is those things and foolish as well.

Given the sacrifices that Florida law enforcement officers and other emergency personnel make on our behalf, moving over or slowing down is the least we can do. And because I work with car, motorcycle and truck accident victims so often, I support anything that can reduce deaths and catastrophic injuries for civilians as well as law enforcement. Car wrecks cause deaths, brain injuries, catastrophic burns and other very serious injuries. If you or someone you love was hit in an emergency lane, I urge you to contact my firm, Cohn, Smith & Cohn, to learn more about your legal rights and your options.

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Posted In: automobile accidents , wrongful death

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I’m sorry to say that the police are looking for witnesses to a fatal motorcycle accident that took place right here in Pembroke Pines. According to the Sun-Sentinel, motorcyclist Ricardo DeCastro of Miami was killed July 23 when he was rear-ended on Pines Boulevard by Larry Beltran of Miami Gardens. The article says Beltran rear-ended DeCastro at a light after following too closely, then continued through the intersection, hitting both DeCastro and his bike. If you have any information on the accident, you can report it to the Pembroke Pines Police Department at 954-431-2200.

To me, as a personal injury lawyer specializing in motorcycle accident lawsuits, the facts in the article don’t look very good for Beltran. If you’ve ever been in a rear-end accident, you probably know that insurance companies assume the driver in the rear is always at fault unless proven otherwise with some sort of authoritative documentation, like a police report. In this case, Beltran apparently kept going and hit the bike again, which won’t help. In fact, since the report says DeCastro was wearing a helmet, it could have been the deciding factor in the accident.

Normally, in motorcycle accident lawsuits, insurance companies for the other side try to make my client seem at fault by invoking tired stereotypes about reckless motorcycle gangsters. That’d be hard in this case, with DeCastro wearing his helmet -- even though it’s not required by law in Florida for most riders. By contrast, it could be a tough job to describe Beltran as an innocent victim if it’s true that he was tailgating and failed to stop right away.

Of course, we don’t have the full story, which could change everything. And in any case, my sympathies go out to DeCastro’s family, who are truly innocent victims no matter what the facts. But if you and your family have gone through a similar tragic motorcycle accident, you have every right to sue the careless driver over the bills and the suffering caused by your injuries or wrongful death. I encourage you to contact my firm, Cohn, Smith & Cohn, for a free consultation on your case.

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Posted In: motorcycle accidents , wrongful death

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