Miami Personal Injury Attorney Blog

Miami Dade Solid Waste Worker is a hero in Pedestrian Accident

Published on: February 18, 2011 | By The Law Office of Ruth E. Johnson, P.A.

On February 15, 2011, the Miami Dade County commissioners and law enforcement officials honored Mark Brown, a Miami Dade County solid waste employee, for his unselfish act in stopping a motorist who was involved in a fatal hit-and-run pedestrian accident.
This accident involved two pedestrians who were hit by Rolando Aliaga who was driving a pick up. Brown, who was driving in the area, hit Aliaga’s vehicle, forcing him to stop. One of the victims was pronounced dead shortly after being taken to the hospital while the other was admitted in serious condition.

My heart goes out to the victims of this Miami hit and run pedesrtian accident. I also commend the brave act of our local resident in apprehending the suspect responsible.

Florida Pedestrian Accident Statistics

The Florida Department of Highway Safety and Motor Vehicles Traffic Crash Statistics Report for 2009 states that 7878 persons were injured that year as a result of pedestrian accidents. During 2009, there were 502 fatalities reported due to Florida pedestrian accidents.

What was the cause of this injury accident?

Based on the news account of this accident it is unclear what series of events may have led to this driver losing control of his vehicle and hitting the pedestrians. Several issues need to be addressed: How fast was the driver going?? Did he lose control of the vehicle and why? Was there mechanical malfunction in the pick up that caused him to lose control?

Legal Issues

If it is ultimately determined that this runaway driver is at fault, he could be responsible for the victims’ injuries. The injured victim and the families of the injured and deceases may be able to pursue compensation for medical bills, loss wages and other damages related to the accident. Such victims are advised to contact an experienced Miami personal injury lawyer, who will investigate the accident thoroughly and fight for the rights of the victims and their families.
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Understanding the Basics of Florida Workers’ Compensation Laws

Published on: February 11, 2011 | By The Law Office of Ruth E. Johnson, P.A.

Florida law requires most employers to carry workers’ compensation insurance coverage in case a worker gets injured or becomes ill while on the job. Workers’ compensation benefits help injured workers and their families by providing payments for medical bills, money to replace lost wages, and other related expenses.

A worker that is injured or becomes ill while at work in Florida should report the incident to their employer as soon as possible, but always within thirty days of the accident. The employer is then required to pass on the information to the workers’ compensation insurance company. If the employer refuses, the injured worker may notify the insurer themselves.

Florida workers’ compensation benefits typically total two-thirds of the injured worker’s average weekly wage. However, since the calculation may depend on the worker’s schedule or other factors, it helps to have an experienced Miami workers’ compensation attorney review the case and make the calculation to ensure correct compensation is obtained.

Workers’ compensation benefits are paid bi-weekly. They do not usually cover the first seven days a worker is disabled, unless the worker ends up being disabled for more than 21 days. In these cases, the insurer may pay for the first seven days as well. Payments for total or partial disability may last up to 104 weeks.
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CPSC Crib Recalls: Is Your Baby’s Crib on the List?

Published on: February 4, 2011 | By The Law Office of Ruth E. Johnson, P.A.

The U.S. Consumer Product Safety Commission recently issued tough new standards for safety in infant cribs. The CPSC also recalled more than 7 million drop-side cribs after it was discovered the cribs are particularly unsafe for children. By mid-2010, the CPSC had received 99 reports of children involved in drop-crib accidents. Two of the children lost their lives and six more suffered head injuries when they fell through the gap between the side of the crib and the bed.

The CPSC website offers detailed information about crib safety and infant sleep safety. Among the CPSC’s information is a list of recalled crib brands and types. The complete list includes every CPSC crib recall issued since 1978. A few of the major brands that have been recalled include:

• Delta drop-side cribs • Dorel Asia drop-side and fixed-side cribs • Generation 2 cribs • Graco “Lajobi” drop-side cribs • Jardine cribs • Simplicity cribs and bassinets
Some crib manufacturers offer immobilizing devices to keep the drop side of the crib in place, which reduces the risk of child injury. To find out if your crib can be immobilized, contact the crib’s manufacturer.
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Miami-Dade College Student Killed in Hit-and-Run Pedestrian Accident

Published on: January 27, 2011 | By The Law Office of Ruth E. Johnson, P.A.

A 21-year-old Miami-Dade College student died and another pedestrian was critically injured when a pickup truck ran up onto the sidewalk, hitting both people, reports NBC Miami.

The truck’s driver, a 48-year-old man, had run a red light at the intersection of Northwest 79th Street and 27th Avenue in Miami-Dade. His truck collided with another car in the intersection, and then drove up onto the sidewalk, hitting two pedestrians. One of the two victims died at the scene of the accident; the other is currently at Jackson Memorial Hospital where he is listed in serious condition.

After hitting the two men, the driver attempted to leave the scene of the Florida pedestrian accident, but was forced off the sidewalk by another pickup truck, which rammed him off the road and onto the sidewalk. According to police, the hit-and-run driver was intoxicated at the time of the accident.

The county prosecutor’s office has charged the hit-and-run driver with DUI manslaughter, leaving the scene of an accident involving death and serious bodily injuries, and DUI property damage.

In addition to the criminal charges brought by the prosecutor’s office, the driver may face a civil lawsuit brought by the family of the man who died in the accident. Known as wrongful death lawsuits, these claims compensate the families of those killed by someone else’s negligent or reckless behavior. Although no amount of money can replace a loved one, a wrongful death case can seek compensation for medical bills, lost wages, and the loss of companionship, which can ease the financial burden placed upon a family following a death.
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Miami-Dade boating accident injures police officers

Published on: November 24, 2010 | By The Law Office of Ruth E. Johnson, P.A.

On Thursday November 18, 2010, two Miami-Dade police officers were injured when the boat they were in collided into another boat during a training drill in the waters off Key Biscayne.The reports is not clear whether the second vessel was also a Miami-Dade boat involved in the training or a civilian boat.

Florida leads the nation in boating accidents with 610 of the total 4730 boating accidents reported by the Boating Accident Statistics of the U.S. Coast Guard in 2009. This report indicates that these accidents caused 736 deaths and over 3300 injuries in that year. In Florida, boat accidents caused 53 fatalities in 2009.

Boat accidents result from boat operator inattention and inexperience, excessive speed, improper lookout and alcohol consumption. In 16 percent of the fatalities, alcohol consumption was the cause. Even more shocking is that 86 percent of the boat operators involved in fatal accidents never received any instruction in boat safety.

The injured Miami-Dade police officers may have viable workers compensation claims for the injuries that occurred in the course and scope of their employment. These injured officers may also have third party claims against the owner/operator of the boat with which they collided if that party’s negligence caused the accident and resulting injuries.
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Miami Beach elevator accident results in tragic injuries

Published on: November 22, 2010 | By The Law Office of Ruth E. Johnson, P.A.

A work-related accident inside a Miami Beach condominium on October 11, 2010 killed a worker when an elevator crushed him. The fatal accident occurred at the Ocean Point Condo, located at 345 Ocean Drive in Miami Beach FL.

Two people were working on an elevator inside the condominium, when the accident occurred. One man was inside the elevator, when the other climbed out of the top of the elevator, into the shaft. The elevator then moved, causing the worker to be crushed between the shaft wall and the elevator in between the fifth and sixth floors. It is still not clear from the reports exactly what caused the accident.

Our condolences go out to the family members and friends of the man who was killed in this tragic Florida elevator accident.

Are Miami Dolphins injuries covered by workers compensation?

Published on: November 18, 2010 | By The Law Office of Ruth E. Johnson, P.A.

As the Miami Dolphins prepare to take on the Chicago Bears after losing two franchise quarterbacks to injuries in the same game, the heated discussion regarding the safety of players and health issues in the league draws close to home for South Florida fans. To add “fuel” to the fire, the NFL has a proposed an 18 game regular season which many argue will only increase the injury rate of the players.

Recent actions of the National Football League, however seem to convey efforts to actually reduce the injury rate of the players by imposing fines of tens of thousands of dollars for an illegal hit. In addition, players may be subject to suspension from play for these hits. Player James Harrison was one such player that was fined $75,000. It would appear that NFL is taking strong measures towards ensuring the safety of its players.

So this begs the question as to whether the “Chads” will ever be entitled to benefits under the Florida Workers Compensation Statute paid for by the NFL for their work related injuries?
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