Miami Personal Injury Attorney Blog

Miami Waitress Dies in DUI Collision

May 22, 2013 | Wolfson & Leon

May, 21, 2013, Miami, FL- A young Miami waitress’s life was cut short last week after she and a friend were involved in head on-collision after a night of celebration in the Florida keys.

Kristin Rivera, 22, and her friend Didier Miles, 24, went to the Keys for an annual bash frequented by South Florida servers on Monday, May 13th. But they were both drinking and one of them wouldn’t return to Miami-Dade alive.

Miles and Rivera, who was a passenger, were allegedly fleeing the scene of the prior accident in a Honda Element when Miles crashed head-on into a Mom’s Taxi Dodge van. The police report stated that Miles drifted from the far right lane in the northbound lane across a left turn only lane into Charles Akullian’s taxi which was in the in the right lane of the southbound lanes.

Should I Hire Miami Accident Attorney?

May 17, 2013 | Wolfson & Leon

May, 14, 2013, Miami, FL- Traffic accidents are common enough that they seem routine, and many are just simple fender-benders that can be easily settled in no time by exchanging phone numbers or insurance information. But there are many accidents that entail fatal or catastrophic injuries which come at a great cost to the victim.

The Florida Department of Highway Safety and Motor Vehicles estimates that 1,400 residents of the state are killed on an annual basis. In Miami-Dade County there are approximately 48,000 traffic accidents, resulting in an estimated 35,000 injuries, according 2005 statistics from the Florida DMV.

Many of these accidents are the direct result of another person’s negligence; close to 500 traffic collisions in Miami-Dade are caused by intoxicated drivers. But there are a whole host of other dangerous behaviors that motorists engage in that can have dramatic effects on another person’s life.

Miami Road Debris Accident Kills One

April 26, 2013 | Wolfson & Leon

April, 22, 2013, Miami, FL- Accidents by their very nature and definition occur due to unforeseen circumstances. People frequently cause accidents because of distraction, inattention, or other negligence. But on some occasions accidents are caused by road debris or other obstructions, like a recent fatal collision on the Florida turnpike which killed an adult and injured a 13 year-old girl.

Last Saturday, April 20th, Amalia Ramirez-Marquez, 46, was driving south on the Florida Turnpike near Southwest Eight Street with her 13 year-old daughter when she encountered some debris in the road. Ramirez-Marquez attempted to avoid the debris but was unable to, she and lost control of her vehicle. The 2001 Mazda spun around onto a grassy median then slammed into a tree, CBS Miami reported.

The female driver was killed on impact. Her daughter was taken to a Miami hospital in stable condition.

Miami Woman Dies in Turnpike Accident

April 24, 2013 | Wolfson & Leon

Miami, FL- A member of a Miami church was killed Saturday night on the Florida Turnpike just outside Orlando when the van she was traveling in lost control and ejected her.

North Miami resident Merlenda Chery, 47, was one of at least 19 people headed to Orlando for a mission trip, when the van driver lost control on the Florida Turnpike.

Authorities believe the tread one of the tires separated causing the rubber to peel away from the rim, which sent the van careening down the busy highway were speeds can range from 50 mph to 75 mph. The van rolled-over several times, though police are unclear at this time how many times, the Orlando Sentinel reported.

Miami Beach Car Accident after a night on the town

January 30, 2013 | Wolfson & Leon

MIAMI BEACH – In devastating act of irresponsibility, a young woman got in her car drunk and drove off after a night of partying. This proved to be a horrible decision as shortly thereafter she ran over a gentleman that was leaving his place of work. He was a chef. And a good one. The Shore Club was lucky enough to have him. And by all accounts, he was a gentleman.

But today, he is dead at the hands of the party girl who tweeted and facebooked her joyful drinking pleasures and exploits. However, after what was probably her life’s most sad act, she ran. But a witness followed her and caught up with her after calling the police through 911.

She was arrested and charged. Out on bail, she avoided the press. At this point, this is yet another example of how drinking and driving intersect with lives that are truly minding their own business. Florida law provides for punitive damages when drunk driving accidents happen. And the wrongful death statute allow certain survivors to recover. But nothing can repair the damage an accident like this causes. Lawyers have a job to do. But there is a limit to what can be repaired.

Accidents with Concussions and Head Injuries often Permanent – NFL Player had CTE

January 10, 2013 | Wolfson & Leon

MIAMI BEACH – Junior Seau was one of the best. He roamed the field and hit viciously. But he paid a price. All of the hits added up and he and his family paid dearly.

A study released by the National Institute for Health was reported by the Miami Herald today. It revealed that Seau’s brain showed signs of CTE or Chronic Traumatic Encephalopathy. They National Institute of Health compared his brain to other brains and saw similarities with other brains that had suffered multiple trauma.

In the time before he committed suicide, Seau’s family and wife, in particular, said that he was forgetful, depressed, and had mood swings. These are signs of the impacts of CTE. His wife told the Miami Herald that Seau’s behavior prior to committing suicide included wild mood swings, irrationality, forgetfulness, insomnia and depression. CTE is apparently common enough amongst former football players and NFL players in particular. A similar disease is konwn as dementia pugilistica. It is found in boxers and is a result of multiple blows to the head. Both dementia pugilistica and chronic traumatic encephalopathy include the degeneration of brain tissue and the accumulation of tau protein.

Car Submerges in Lake Leaving Four Drown – How to Escape a Submerging Car

January 3, 2013 | Wolfson & Leon

DEERFIELD BEACH – January 2, 2012 – A three car accident tragically resulted in the death of three people and left one on life support. A Lexux SUV ended up in the water, completely submerged.

The accident happened on the Southbound side of Interstate-95 near Hillsboro Boulevard. The victims were in cardiac arrest. Three are dead and one is on life support after the crash. The three were in cardiac arrest after a Lexus SUV became completely submerged in a Deerfield Beach lake. The dead that were taken from the scene in cardiac arrest were two women and a man. Later, divers recovered the body of a 15 year old girl. Investigators were trying to figure out if the girl was the individual who was missing following the accident. This was a truly devastating loss.

In the above case, the cause of the crash was unknown. Certainly, following a crash like this, accident homicide detectives will collect and analyze evidence from the scene. And it will take time for them to produce an accident homicide report pursuant to their protocol.

Flashing Lights to Warn of Speed Traps & Sobriety Checkpoints is Now Legal – Good Idea or Not?

January 1, 2013 | Wolfson & Leon

MIAMI BEACH – You can now legally flash your lights at oncoming cars and warn them that the police are running speed traps. That’s right, you can warn people that the police are around the corner and to slow down or they will get a ticket.

But there was some question that this was ever illegal. In fact, officers were citing people under Florida Motor Vehicle Statute 316 portions where it is prohibited to have flashing lights on your vehicle. It appears that was a stretch as that law was in place to prevent the general public from having strobe lights on their cars. And a lawyer was rounding up people who had paid fines on that basis to pursue a class action.

The new law that is going into effect appears to be an effort to stall or make moot any civil class action. In any event, if you want to warn folks about speed traps, go ahead and do so.

Drunk Driving Accidents and Statistics

December 28, 2012 | Wolfson & Leon

MIAMI BEACH – Drunk driving is common and a deadly combination around the holidays. It has an impact on our safety on the roads as well as from a more broad, economic standpoint. From a statistical standpoint, it is clear that drunk driving causes damage to people and property. Just take a look:

In March of 2012, the National Highway Insurance Institute for Highway Safety reported that impairment has nothing to do with the type of drink that is drank. Rather, it has to do with the sheer amount of alcohol ingested and the amount of time that is done within.

The National Highwayand Traffic Safety Administration (“NHTSA”) reports that just about every 90 seconds, a person is injured in a drunk driving accident. They also report that, in 2011, 9,878 people died in drunk driving accidents. And, one in three people will be involved in an alcohol related crash in his or her lifetime. That was one every 53 minutes. The NHTSA reports that drunk driving costs our Country about $500.00 per day and 132 billion dollars per year.

Dental Malpractice in West Palm Beach – Pediatric Dentist Hits / Abuses Children

December 27, 2012 | Wolfson & Leon

WEST PALM BEACH – Thomas Floyd, DDS has had his license suspended. He was arrested for hitting a 4 year old patient. One mother, Shayla Barnes, reported that several of her children were abused. Another allegation was from a 7 year old girl who indicated that she was told to shut up and that Dr. Floyd stuffed a dental bib in her mouth, grabbed her by the hair, and pushed on her forehead to hold her back in the chair.

Cases like this are uncommon. And when children are involved, they are especially upsetting. Cases against dentists are subject to the notice, service, and stringent expert requirements of Florida’s Medical Malpractice Laws. Similarly, there are caps to recovery. When there is unnecessary treatment or treatment for which consent was not obtained, it is usually grounds for recovery.

Now, many times, especially in dental cases, lawsuits are not warranted because the damages do not live up to the amount of time and money that needs to be invested to pursue a case for dental negligence. However, in such a case, one can file an administrative complaint against the dental practitioner’s license. To file a complaint with the Board of Dentistry like many of the parents (about 50 or so) did against Dr. Floyd, go to http://doh.state.fl.us/mqa/enforcement/enforce_home.html.