Miami Personal Injury Attorney Blog

Coconut grove runner hit by car

Published on: April 6, 2011 | By The Law Office of Ruth E. Johnson, P.A.

The Miami Herald reported that an 18 year old woman was hit by another woman accused of driving her vehicle under the influence of alcohol. The woman is in critical condition at Jackson Memorial Hospital. The driver was going north on Virginia Street when she first hit a parked car and then was propelled into the woman jogging on the side of the road.

Driving while under the influence
Driving under the influence is a major cause of injuries on the road today. Law enforcement continues to make significant efforts to curtail the number of drivers under the influence of alcohol or other related substances.

A driver under the influence may have both civil and criminal responsibilities under the law. In addition to criminal penalties, which could include jail, probation and suspension of driving privileges, a driver may also have to pay civil remedies for damages caused.

A personal injury attorney can investigate and pursue the damages that such accident victims deserve under the law.
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Florida Lawmakers approve law limiting liability of car manufacturers in product defect cases

Published on: March 30, 2011 | By The Law Office of Ruth E. Johnson, P.A.

There were two bills pending before the state’s legislature which allow juries to hear evidence that the driver’s negligence contributed to the accident in product liability cases involving automobiles. This would allow juries in Florida to consider all parties fault when determining damages in these legal proceedings.

Typical product liability defects are due to manufacture , design or failure to warn defects. Under the current law, the responsibility of a defective product rests completely with the manufacturer of that product. Both bills, in the House and in the Senate, however, would significantly impact those who have suffered damages as a result of product defects in auto products by assigning partial cause to an individual.

It is apparent that these bills are attempting to limit the amount of the financial awards in legal claims against auto and auto parts manufacturers by allowing jurors to allocate financial responsibility on drivers or any other person that contributed to the accident and resulting damages.

These bills arose after the Florida Supreme Court prevented jurors from hearing whether a driver was drunk and speeding, and therefore at partially at fault in contributing to the accident. In this case, the Court ruled that evidence regarding the fault of the manufacturer would be permitted, but excluded other evidence regarding the cause of the crash.
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Man in wheelchair killed in truck accident

Published on: March 29, 2011 | By The Law Office of Ruth E. Johnson, P.A.

According to a report by NBC Miami, on March 28, 2011 a man crossing the street in a wheelchair in the northwest part of Miami was struck by an 18 wheeler and killed in this truck accident.

The unidentified man in the wheelchair was crossing NW 27th Avenue heading west when the truck, hit and killed him. The truck was a vehicle carrier. There has been no determination of fault and no charges filed as the date of this article.
Our condolences go to the family of this victim.

Liability and Damages in Wrongful Death Truck Accident Cases

If an investigation reveals that this accident was due to the negligence of the driver of the tuck, then the family of the deceased may seek damages against in a wrongful death claim against the insurance carrier for the semi, the truck owner and/or the driver. Each surviving family member may be able to recover for loss of the deceased’s financial support or services. They may also recover for loss of the decedent’s companionship and protection. Additionally, they may seek recovery for pain and suffering and funeral and medical expenses .
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Homestead newlywed loses husband in car accident with Fedex Truck

Published on: March 17, 2011 | By The Law Office of Ruth E. Johnson, P.A.

On February 23, 2011, a man was traveling with his family from Miami to Chicago just days after his wedding when the vehicle was struck by a FedEx truck. Of the seven passengers traveling in the vehicle, three were killed. These included Brianna Chacon, age 10, Tatyana Alvarez, age 11,and Victor Chacon, Jr., age 26, the groom.

The groom’s wife was in Homstead, Florida, a Miami suburb at the time of the incident.

Presently a thorough investigation is being conducted in order to determine the cause of this accident. Should it be determined to be due to the negligence of the driver of the FedEx truck, the family of the deceased may have wrongful death claims against FedEx.

My sincere condolences go out to the family members of the decedents.

Wrongful Death Claims

The Florida Wrongful Death Act allows the spouses, children and parents of the victims to be elogoble to recover damages. These damages are in the form of economic damages for medical and funeral expenses, in addition to non-economic damages for loss of companionship of the family member and emotional suffering.

Wrongful death claims arise from an accident or intentional act causing death. These include fatal car accidents, medical malpractice, dangerous premises, defective productsand so on.

If you have lost someone due to the negligence or intentional act of another then it may be wise to seek the counsel of a Miami wrongful death attorney in order to investigate a claim and secure experts to establish loss.
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Intersection car accidents on the decline

Published on: March 7, 2011 | By The Law Office of Ruth E. Johnson, P.A.

In 2001, the most dangerous traffic intersection in the country was reported to be right here, north of Miami in Pembroke Pines. State Farm insurance company reported that the intersection of Pines Blvd and Flamingo Road had the highest number of intersection accident claims of any other intersection in the country.

On March 3, 2011, the National Safety Council issued the results of a new study that fatal crashes at intersections with stop lights decreased by 17% between 2005-2009 . The study also found that the number of deaths due to running of red lights decreased by 27% for the same time period.

Liability in Intersection Accidents
Florida law requires that at intersections with yield and stop signals, the driver approaching the intersection shall slow down or stop to yield the right of way to any vehicle currently in the intersection.

In cases where an operator of a vehicle fails to follow the law in yielding or stopping at an intersection , then this driver may be held liable for any injuries resulting from that failure to adhere to the rules. A Miami personal injury lawyer can assist injured victims of such accidents by conducting a thorough investigation to determine fault.
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Miami Dade Transit bus hit in head on accident

Published on: March 3, 2011 | By The Law Office of Ruth E. Johnson, P.A.

In the southwest area of the city , a Miami Dade Transit bus and car were involved in a head on collision.
WSVN-TV reports that this accident happened in the morning at the intersection of southwest 56nd Street and 152nd Avenue. Six people on the bus were injured. There has not been a determination of fault.

If this accident was due to the negligence of the driver of the car, then the bus passengers may be able to recover their losses from the driver and/or their insurance Carrier. A thorough investigation of liability would have to be conducted.

Bus Accident Statistics

In November 2009 a major study was conducted by the Federal Motor Carrier Safety Administration and reported to congress. It found that most bus crashes occur in metropolitan areas, such as Miami, Florida. Approximately fifty ( 50) people are killed and fewer than 1,000 injured every year in cross-country and inter-city bus crashes.
Motor coach crashes account for the majority of bus accidents, followed by transit buses then school buses.
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Motorcycle Accidents a major concern

Published on: March 1, 2011 | By The Law Office of Ruth E. Johnson, P.A.

Motorcycle accidents continue to be one of the leading causes of death in traffic crashes across the United States and in Miami. The Department of Highway Safety and Motor Vehicles has made an effort to decrease motorcycle fatalities and injuries by 10% between 2008 and 2010. This has been done by improving motorcycle safety awareness and training programs.

Despite these programs, accidents still continue to happen due to the drivers of other vehicles who fail to obey the traffic rules with respect to motorcycles. The motorcycle rider in Miami who obeys all traffic laws still runs the risk of serious injury due to lack of protective covering and helmet.

Following the repeal of the mandatory helmet law in Florida, the Department of Surgery at the University of Miami School of Medicine studied the impact of crashes on riders. The patients were studied over a six month period. The study found that even after one year post the motor cycle accident, most motorcycle riders continue to experience physical defects.

These physical defects are often life changing; resulting in loss of income and permanent bodily injury. When a motorcycle accident occurs due to the negligence of another driver, then the other driver may be responsible for this loss and payment of damages. This is why it is important to have competent legal counsel to assist you in recovering your losses.
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Questions Remain in Florida Car Accident That Killed FGCU Student

Published on: February 25, 2011 | By The Law Office of Ruth E. Johnson, P.A.

A 20-year-old student from Florida Gulf Coast University lost her life in a car accident recently. Police reports of the accident allege that the young woman was using her cell phone when she lost control of the SUV, according to The Naples Daily News.

However, the woman’s boyfriend disputes the official report. Rather, he claims that the driver was not on her cell phone when the crash occurred, and was looking at him, who was in the passenger seat. According to her boyfriend, the woman looked at him for only “a split second,” but long enough not to realize the car in front of them had stopped.

The driver’s boyfriend, who suffered a head injury in the accident, blames the driver in front of them for stopping too quickly and causing the fatal Florida car accident. Upon seeing the stopped car, the young woman jerked the SUV into the right lane, and then attempted to correct the rapid movement. The SUV slid into the shoulder of the road and overturned.

The man also blames paramedics for not realizing that the young woman, who was still conscious after the car crash, was seriously hurt. She was still speaking when she was placed in the ambulance, but her heart stopped en route to the hospital, and emergency personnel were unable to revive her.

Injured worker severs penis in industrial accident

Published on: February 23, 2011 | By The Law Office of Ruth E. Johnson, P.A.

A Florida man. 44 years old, is accusing a company of negligence arising out of an incident when a peeler machine cut off his penis in an industrial accident last year.

The injury occured on January 13, 2010 at Future Foam Carpet Cushion. The law suit alleges that the injured worker removed a “foam core” from a machine with a steel blade and that he had not been trained to use the machines but was doing so at the request of supervisors. The injured worker was the direct employee of a staffing agency. This law suit also contains a claim against the manufacturer of the peeler machine.

The Occupational Safety and Health Administration has issued 10 citations for violations related to this incident, all of which are being contested by the company and which add up to over $40,000.00 in fines.

The injured worker is also pursuing his workers compensation benefits from the Staffing Company.

On the job injuries and Negligence
In Florida, the workers compensation Statute covers all persons injured during the course and scope of employment. This statute immunizes an employer from tort liability in most instances. In this instance, this would be the staffing company who employed the injured worker.

The Statute, however, does not immunize other parties whose negligence caused injury and from which the worker has suffered damages. In addition to a workers compensation claim against an employer, therefore, an injured worker may also seek damages against a third party tortfeasor; in this case the Foam company and the manufacture if the machine.

These issues can become very complex and it is advisable to discuss any claim with an injury attorney in order to protect your rights against any and all parties.
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Florida Ranks First in the U.S. in Fatal Bicycle Accidents

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

Coming in first in a bicycle race is usually a cause for celebration. However, it’s not a win for Florida, which ranks first in the nation in fatal bicycle crashes, according to local news station NBC.

Florida has finished in the top three states in the U.S. with the most bicycle collisions for several years in a row. Between 2008 and 2010, 644 bicycle accidents occurred in southwest Florida alone. According to the article, the crashes average about one accident every 34 hours. In 17 of those accidents, the bicyclist loses their life.

In response to these distressing statistics, cities and counties throughout Florida began creating and implementing design plans to provide bike lanes and other amenities to make the streets safer for bicyclists. For example, in 2006, Fort Myers made a plan to add bike lanes and sidewalks to several of its city streets. However, five years later, the Fort Myers plan is only 13 percent complete. According to Fort Myers’ chief engineer, the city has not been able to find the money to revamp its streets in the face of the recent economic downturn.

Many bicyclists suffer injuries in Florida bicycle accidents when motorists fail to safely share the road with them. Drivers can help protect bicyclists by carefully watching for bicycles and slowing down or moving over in their lane to give bicyclists more room to maneuver. Meanwhile, bicyclists can make themselves more visible by placing lights on their bikes and wearing reflective clothing, including a reflective helmet.
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