Car Accidents

Motorcyclist Hospitalized After Getting Hit by an SUV, Hit-and-Run

Published on: January 12, 2022 | By The Law Office of Ruth E. Johnson, P.A.

On Saturday, January 8, 2022, around 5 am, Miami Police responded to an accident at Northwest Seventh Street and 23rd Court. According to police, a man crashed with an SUV, crushing a motorcyclist who was nearby. When authorities got on the scene, the implicated motorcyclist was taken to Jackson Memorial Hospital for a leg injury in stable condition for treatment. According to authorities, the driver of a white Toyota Tundra collided with a gray Chevy Equinox and one of the automobiles involved in the collision attempted to escape the site of the accident. The Tundra’s driver attempted to leave the scene, but he was pursued until he was stopped at Northwest 23rd Court and Seventh Street. A short time later, he was brought under custody. The Tundra’s driver was transported to West Miami-Turner Dade’s Guilford Knight Correctional Center. His driver’s license was not located on records, according to police reports. A male has been recognized as the person who will face prosecution. He is accused of driving without a valid driver’s license and fleeing the scene of an accident with property damage.

Speak with an experienced Miami Car Accident Attorney today!

Car accidents can result in significant injuries, and the amount of no-fault coverage required by Florida may be insufficient to cover your injuries. You may be able to get compensation for your medical costs, property damage, and pain and suffering if you file a personal injury claim. Are you still dealing with the financial impact of your accident? As a result, any damage, stress, or financial crisis caused by an accident must be addressed seriously and handled by skilled legal counsel.

Hit-and-Run Crash After a Home Robbery

Published on: January 11, 2022 | By The Law Office of Ruth E. Johnson, P.A.

On Wednesday, January 5, 2022, around 2:15 am, according to the police, a motorist attempting to flee a probable overnight burglary in a stolen minivan crashed with two vehicles around the area of University Drive and Stirling Road; the thief then exited the van and fled on foot. According to Davie police spokesperson Sarah Andeara, a Davie resident “interrupted a crime” in his property. The thief then hopped into a blue Dodge Caravan and drove away. The driver was involved in a car accident shortly after. Andeara stated that she had no idea what sort of crime was disrupted. Police were dispatched to the residence in response to a report of a vehicle break-in. According to authorities, no one was badly injured. During the investigations, authorities discovered that the crashed minivan had been stolen in a separate incident from Hollywood. There were no immediate details regarding the incident or when it happened. If anyone has any type of information that will benefit the investigation to get resolved, is encouraged to contact the police at any time.

Speak with an experienced Miami Car Accident Attorney today!

Car accidents can result in significant injuries, and the amount of no-fault coverage required by Florida may be insufficient to cover your injuries. You may be able to get compensation for your medical costs, property damage, and pain and suffering if you file a personal injury claim. Are you still dealing with the financial impact of your accident? As a result, any damage, stress, or financial crisis caused by an accident must be addressed seriously and handled by skilled legal counsel.

After a Car Drives into High-Speed Tracks, Two People are Killed in a Train Crash.

Published on: January 5, 2022 | By The Law Office of Ruth E. Johnson, P.A.

Last Thursday, December 30 around 6 a.am, a collision leaving two people dead in Aventura, Florida after a train collided with their car. Surveillance video shows the car going around railroad crossing gates and temporarily being trapped on the tracks before being struck by the train. The automobile was partially covered by a tarp, which normally suggests a fatality. Police have not disclosed the identity of the two people slain since their relatives have not yet been contacted.

While no vehicle should go under barriers, having so many level crossings in a big urban area on a commuter train that aspires to operate a high-speed service appears to be a hazard. The Aventura crash scene is in a rather busy area, less than a mile from Aventura Hospital and Gulfstream Park horse track and casino.

The crash was caused directly by the driver’s conduct, according to Brightline. It’s tough to argue with the assertion based on the video evidence. Brightline has installed its own camera system to monitor railroad crossings in North Miami Beach as part of an attempt to improve safety at railroad crossings.

2 Children Dead and 4 Oher Hospitalized in a Hit and Run

Published on: January 4, 2022 | By The Law Office of Ruth E. Johnson, P.A.

On Monday, December 27 around 3p.m a hit and run at Wilton Manors Street in which a driver struck several children and fled the scene. Two children are dead, and four others are hospitalized, according to the authorities. Officials claimed during a news conference on Monday evening that two children died at the collision scene and four others were transported to Broward Medical Health Center, with some of them in severe condition. The Fort Lauderdale Fire-Rescue Batallion Fire Chief Stephen Gollan said the victims ranged in age from 2 to 10 years old.

While a Broward County Transit bus had stopped to drop off a passenger, a 2009 Honda Accord was going southbound on Ninth Avenue. The bus moved over to the side of the road to continue southward, merging into the right lane from the road’s edge. Officials said the Honda’s male driver refused to merge with the bus and cut in front of it. The Honda then turned right and went off the road, colliding with the victims on the sidewalk.

A 27-year-old man was arrested, accused of speeding around a Broward Transit bus, losing control, and overcorrecting onto a driveway where the children were walking with an adult relative, the driver never stopped to help the victims, instead fleeing the scene.

Uninsured/Underinsured Motorist Coverage… Is it Necessary?

Published on: December 8, 2021 | By The Law Office of Ruth E. Johnson, P.A.

Uninsured/underinsured motorist coverage (UM/UIM coverage) is additional car insurance that pays for medical bills, car damages, and expenses when you have been in an auto accident. Uninsured coverage applies when the auto accident has been caused by a driver who doesn’t have car insurance, a driver whose insurance denies your claim, or a hit-and-run driver. Underinsured motorist coverage applies when the driver’s insurance doesn’t cover to pay for medical bills, car damages, and expenses.

In Florida, the state law doesn’t require you to have uninsured/underinsured motorist coverage; however, having it in your insurance has its benefits. The minimum coverage is 10/20; this means that you should have liability limits of $10,000 for injuries in a person and $20,000 for injuries in an accident.

If you are hit by an uninsured driver and have UM/UIM coverage, your PIP benefits will take effect first, followed by your uninsured motorist policy, presuming you have acquired enough of this insurance to meet the expenses of the accident. If you do not have UM/UIM coverage, you may be required to pay out of pocket for the costs of an accident caused by an uninsured motorist that is not covered by your PIP. As a result, as personal injury attorneys, we advise all drivers to purchase UM/UIM coverage in the highest amount permitted to protect themselves against a potential eventuality.

The At-Fault Driver Was Not Ticketed, What to Do Next?

Published on: December 7, 2021 | By The Law Office of Ruth E. Johnson, P.A.

If you or someone you have recently been in a car accident and want to file a claim against an insurance company it is required to call the police at the scene. If the police arrived at the scene and no ticket was issued, you may wonder if maybe no one was at fault or if for sure the other person was at fault you won’t be able to recover any damage. We understand your concerns and we will explain everything to you.

Florida is a state in which every day there is a car accident, this means that the law enforcement officers are always very busy and might occasionally forget to issue a ticket, they might find that no traffic laws were violated, or they couldn’t determine fault. Sometimes if neither of the parties involved in the car crash called the police for different reasons it is possible that a ticket can be issued days after the accident, since a person may file a police report within 10 days of the accident.

However, with this said, it shouldn’t be assumed that you cannot for the most part seek compensation, contrary to popular belief. Florida specifically is a no-fault insurance state, which mostly means you can always generally seek compensation for damages or injuries no matter who for the most part subtly is at fault.

Florida’s Texting and Driving Laws: Will They Prevent Accidents?

Published on: December 13, 2013 | By The Law Office of Ruth E. Johnson, P.A.

A 2009 motor vehicle accident statistics report by the Florida Department of Transportation showed that 5,474 people were killed in motor vehicle accidents due to texting while driving, and another 448,000 were injured. In response to these statistics like these, Florida state officials signed anew texting while driving ban into legislation, which took effect in October 2013. This ban isn’t surprising, being that every state in the nation, besides Arizona, Montana and South Carolina have illegalized texting while driving. But, unlike many states, such as California, Florida’s laws aren’t nearly as tough.

How the New Texting While Driving Ban Works
When You Can Be Pulled Over
The new law only partially bans driver cell phone use. Under the new law, drivers are allowed to check maps on their cell phones, use voice commands, read texts that contain addresses, text and email while at a stopped light or while stopped in traffic, and talk on their cell phones without restrictions. Texting and emailing while driving, however, is not allowed.

Even though texting or emailing while driving is not allowed, doing so isn’t necessary enough to allow an officer to pull a person over. Drivers can only be pulled over for breaking the new ban as a secondary offense. What this means is that the person has to be breaking another driving law – such as speeding – before they can be pulled over for texting while driving.

The Punishment The fine for texting while driving is pretty minor. For a first offense, the result is a $30 fine plus court fees and for a second offense, the fine goes up to $60 plus court fees.

If a driver gets into an auto accident while texting and driving, and a death or serious injury results, an officer can legally confiscate his or her phone. Law enforcement and court officials can then look at the confiscated phone for evidence that the driver was texting or emailing at the time of the accident. If it is found that the driver was indeed texting or emailing at the time of the auto accident, the courts will likely find them guilty and liable for causing the accident.

How Enforceable Is This New Ban?

Between all of the allowed uses of a cell phone while driving and the secondary offense rule, police officers and the courts may have some trouble enforcing the new law. First, police are going to have to prove that they did pull the driver over as a secondary offense. If it is found that the driver was not breaking another driving law when pulled over for texting while driving, then the case is not valid and should be thrown out of court. In addition, the officer will also need to prove that the driver was illegally texting (for example, talking to a friend) as opposed to legally texting (for example, checking directions or looking at an address). If no accident resulting in death or serious injury results, the police cannot legally confiscate the phone and use it as evidence. Without evidence, the officer cannot prove the texting activity was illegal.
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Seatbelt use in motor vehicles saves lives

Published on: December 13, 2012 | By The Law Office of Ruth E. Johnson, P.A.

The National Highway Safety Administration (NHTSA) has confirmed what we have all believed to be true; that is the fact that seatbelt use in all motor vehicles saves lives.

By carefully analyzing motor vehicles accidents and fatality rates, the NHTSA has recently reported that the use of seat belts in passenger vehicles saved approximately 12,546 lives in 2010 alone. For the five year period between 2006 to 2010 this number is reported at over 69,000 lives across the nation.

The National Highway Safety Administration reports that in 2010 in Florida an estimated Florida 769 lives were saved by seat belt use , 151 lives saved by frontal airbags and 111 lives saved by the use of motorcycle helmets.

Given the rising statistics in auto accidents due to technology and other new distractions on the road , it is refreshing to learn that advancements have been made in improving safety statistics.Miami auto accident lawyer urges and reminds everyone to remember to buckle up always. Insist that all passengers in your car do the same.
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Car accident caused by text messages…who is really at fault?

Published on: December 9, 2012 | By The Law Office of Ruth E. Johnson, P.A.

Car accident lawyers around the country are carefully watching the environment changes as technology brings about new ways in how the laws apply in cases. Specifically the increased use of cell phones while driving and the implications for the person on the other end of the phone.

In Miami, and throughout South Florida, it is still legal to use a cell phone for text messaging while driving. While driving here, one can’t help but notice the glancing heads towards the laps or the cell pones being held at eye level while driving. Clearly we all agree this is a dangerous habit.

A judge in New Jersey recently had to address an interesting issue with respect to an accident caused by text messaging. In that case a couple had sent several text messages back and forth. One party was actually driving while the text messages were being sent and eventually caused an accident causing serious harm to a couple on a motorcycle. While the driver admitted guilt and was clearly liable for the accident and injuries, the question was whether his girlfriend who had engaged the series of messages with him was also liable. After all she knew he was operating a motor vehicle and understood, or should have known of, the dangerous condition her messages were causing.

The lawyer for the victims in this case argued that the girlfriend knew or should have known that text messaging while driving was illegal in New Jersey and therefore she aided and abetted her boyfriend in engaging in this crime. Although the driver made the choice to focus his attention away from the road and safe operation of the vehicle, that it was her messages that set the events in motion. The victims’ attorney believed that her actions were contributory to the losses and therefore she too should be held liable in addition to her boyfriend.

The judge in this action eventually agreed with the girlfriend. However, the fact that this argument was made presents an interesting perspective for all personal injury attorneys and lawyers in the country.

Miami attorney Ruth E. Johnson urges all drivers to avoid cell phone use while driving. The risks are so monumental that it is worth a second thought each and every time one is tempted to check a message, read an email or dial a number.
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South Miami metro accident hits close to home

Published on: April 15, 2012 | By The Law Office of Ruth E. Johnson, P.A.

For this car accident lawyer, this one hits very close to home as fellow West indian, Kirk Camacho, and his family have suffered an unbearable loss due to the beyond negligent actions of a fellow Miami driver. My heart breaks for the loss that this family is dealing with.

The accident happened just a few miles south of our office at Southwest 184th Street and the busway that runs adjacent to South Dixie Highway in the southern Miami metro area. Mr. Camacho was travelling with his two daughters eastbound on SW 184th Street early Friday morning. When crossing the intersection with the busway, the mini-van that the Camachos were in was practically cut in half by a Range Rover Sport that was heading southbound illegally in the busway and without the right of way at the light.

The youngest daughter, Kaely, was sitting in the rear passenger seat and was airlifted to Ryder Traum Center, where she died. Her father and sister also suffered injuries but were released from the hospital. The driver of the Range Rover, 38-year-old Sandor Guillen, actually attempted to flee the scene of the accident. Law enforcement officers created a perimeter around the area and were able to apprehend the at fault driver.

NBC reports that Guillen has been charged with several criminal charges, including DUI manslaughter, vehicular homicide, and leaving the scene of a crash involving a death. Investigators also report that speed was clearly another factor in this case based on the damage to the vehicles.

Again my sincere condolences go out to the Camacho family as they go through this most difficult time.

In addition to the criminal charges, Guillen will face claims for damages due to the losses this family has suffered as a result of this accident. There are several potential claims which the Camacho family may pursue, including wrongful death.
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