Miami Injury Lawyer Blog

Published on: February 20, 2013

South Florida Sees an Increasing Number of Fatal Hit-and-Run Crashes

In the less than two months since the new year began, South Florida has seen a number of fatal hit-and-run crashes, many still unsolved. Among those unsolved fatal crashes include that of six-year-old DeAndre Binns of Miramar; forty-nine-year-old John Quintal, a bicyclist struck and killed in Sunrise; and forty-seven-year-old Paula Vinsky, a special needs teacher who was struck while crossing a street in Loxahatchee. The family of Dwight Morrison, a sixty-three-year-old jeweler, was somewhat luckier in that the Broward Sheriff’s Office arrested and charged a man with DUI and leaving the scene of the accident, among other offenses, after Morrison was struck while riding his bicycle in Southwest Ranches Saturday. Morrison was killed instantly.

The Florida Highway Patrol (FHP) says that hit-and-run crashes have increased in recent years. Last year, Broward County ranked second among Florida’s top five counties for hit-and-run crashes. There were 7,857 hit-and-run crashes in 2012 in Broward, an eight percent increase from 2011. Although Palm Beach County was not in the top five counties, it has unfortunately seen its fair share of hit-and-run crashes. In 2012, there were 3,381 hit-and-run accidents and in 2011 there were 3,372. FHP Trooper Joe Sanchez reported that, “Broward and Miami-Dade add up to nearly 20,000 hit-and-run crashes out of the state’s 69,994 crashes last year.”

Fatalities in hit-and-run crashes are also on the rise. In 2011, 162 individuals died as a result of hit-and-run crashes and in 2012 that number was up to 168. Three out of five of these victims were pedestrians. The mother of Renada Evans, a woman who was killed nine years ago in a hit-and-run crash, continues to feel the pain of losing her daughter. Interestingly, the FHP knows the name of the driver that caused Evans’ death in that case, but they have been unable to locate him. Another man who lost his son in a hit-and-run crash was “baffled” when he found out the driver that hit his son just “left him in a ditch.”

Hit-and-run crashes, fatalities on rise, state warns, www.sun-sentinel.com February 19, 2013

Published on: February 19, 2013

Red-Light Camera Debate Continues in Tallahassee

by Friedland | Carmona

The Florida Legislature continued its debate last week over whether red-light cameras should or should not be allowed in intersections. The debate has been on-going since state lawmakers passed a bill legalizing the installation of red-light cameras on Florida streets two years ago. Thursday, a House committee approved a new bill introduced to ban the red-light cameras by a narrow 10-8 vote, which shows the deep divide and controversy over this issue. A similar bill was introduced last year, but it lacked the support necessary to be passed.

The new bill, sponsored by Miami Democrat Daphne Campbell, has drawn a number of questions, comments, and concerns from fellow lawmakers. State lawmakers, as well as constituents, have raised concerns over Campbell’s motives in introducing the bill. Her husband has racked up five red-light violations since 2010. Campbell argues that her husband’s violations have nothing to do with her interest in the bill and that it is her constituents who have requested that the red-light cameras be banned. She further stated that the only purpose of these cameras is to make money, not to ensure safer intersections. Another representative, Miami Republican Carlos Trujillo, supports Campbell’s efforts and he argues that the red-light cameras are not actually making intersections safer. No similar bill in the Senate has been introduced thus far.

Last year alone, Florida cities and counties made over forty-six million dollars, while the state collected fifty-one million. However, it is up for debate whether the red-light cameras actually made intersections safer for drivers. The state released a report last year of data compiled from seventy-three Florida law enforcement agencies, with forty-one reporting that accidents in their jurisdictions are less frequent at intersections equipped with the red-light cameras. Eleven agencies stated that accidents were more frequent at these intersections and twenty-one agencies claimed that there was no increase or decrease in the number of accidents at intersections after red-light cameras were installed.

Debate over red-light cameras heats up in Tallahassee, www.miamiherald.com February 17, 2013

Published on: February 15, 2013

30,000 SUVs Recalled After BMW Discovers Brake Problem

by Friedland | Carmona

BMW is recalling more than 30,000 of its sports utility vehicles after it discovered a problem with the brake hose that could lead to longer stopping distances and automobile crashes. According to the German automaker a small amount of oil can leak from the brake hose and cause the power-assisted braking to fail. This would not prevent the brakes from working; however, it could increase the distance it takes to come to a complete stop. Drivers would have no way of knowing this until it is too late to avoid impact with another motor vehicle.

A spokesman for the company says that the recall covers model years 2007 through 2010 for the X5 SUV. These vehicles were made between September 2006 and March 2010 and they have eight-cylinder engines. BMW has not received any reports of crashes or injuries sustained as a result of this product defect. The problem was not discovered until the company noticed an increase in warranty claims. The company plans to begin the recall this month. The company will replace the brake vacuum line hose for free in effected vehicles.

BMW recalls more than 30,000 SUVs to fix brakes, www.palmbeachpost.com February 15, 2013

Published on: February 14, 2013

Police Search for Driver who Struck and Killed Pedestrian in Loxahatchee Hit-and-Run Accident

by Friedland | Carmona

Law enforcement authorities are asking for the public’s help to find a driver who struck a woman on a Loxahatchee road last night. The driver left the scene without stopping or calling for help. The woman was pronounced dead on the scene. Her identity has not yet been released.

The crash happened around 9 p.m. Wednesday evening as the woman was walking southbound on Calamondin Boulevard near Sycamore Drive West. Palm Beach County Fire Rescue spokesman Capt. Albert Borroto stated that the woman was struck from behind and propelled to the west side of the road. According to Sheriff’s officials, the woman was walking in the road wearing dark, non-reflective clothing. Investigators believe the woman was struck by a blue SUV, which would have sustained minor to moderate front-end damage as a result of the accident.

Authorities seek driver who struck, killed pedestrian in Loxahatchee last night, www.palmbeachpost.com February 14, 2013

Published on: February 12, 2013

Permanently Injured Man Awarded $1.3 Million Against Wal-Mart in Slip-and-Fall Case

by Friedland | Carmona

A jury awarded a Port St. Lucie man nearly $1.3 million last Wednesday in an unusual slip-and-fall case against Wal-Mart. On May 15, 2011, 41-year-old Tom Papakalodoukas was shopping at the Wal-Mart located at 1850 S.W. Gatlin Boulevard in Port St. Lucie. As he walked down an aisle, he stepped on a Gatorade sign that had fallen from a display. Papakalodoukas fell and landed violently on his right arm, which caused the bicep tendon to tear.

In the less than two years since the fall, Papakalodoukas has undergone three major surgeries. One of these surgeries involved the insertion of a cadaver Achilles tendon into his arm, meant to aid in restoring strength. The surgeries, along with other medical visits and procedures, have cost Papakalodoukas over $200,000. As a result of the fall Papakalodoukas has also been left with a lifelong defect called a “popeye deformity,” which creates abnormal bulges on his arm. He also suffers from depression due to anxiety about his future and his health. Papakalodoukas has not been able to return to work since the fall.

Store surveillance cameras showed both the Gatorade sign falling and Papakalodoukas’ fall. Wal-Mart first placed blame on Gatorade because, according to Wal-Mart, Gatorade did not provide appropriate screws for holding the sign in place on the display. Further, Wal-Mart contended that its employees did not have time to pick up the sign in between the time that it fell and the time that Papakalodoukas slipped on it. Papakalodoukas’ attorney presented evidence that if the sign had been properly assembled on the display, there was no chance it could have fallen. The all-female jury deliberated for only four hours. It found Wal-Mart 90% at fault and awarded Papakalodoukas nearly $1.3 million. A spokesperson from Wal-Mart states that the company plans to appeal the decision.

Jury awards Port St. Lucie man $1.3 million in case against Wal-Mart, www.palmbeachpost.com February 8, 2013

Published on: February 11, 2013

Five Crewmembers Killed While Performing Safety Drill on Cruise Ship

by Friedland | Carmona

Five crewmembers aboard a British-operated cruise ship died Sunday while attempting to perform a safety drill in a lifeboat. Three other crewmembers suffered relatively minor injuries. None of the almost one-thousand five-hundred passengers were involved or injured in the accident.

The Thomson Majesty cruise ship docked at the island port of Santa Cruz early Sunday morning. It was scheduled to depart with its 1,498 passengers and 594 crewmembers at 3 p.m. for Funchal located on the mid-Atlantic island of Madeira. At around 10:30 a.m., crewmembers engaged in a safety drill that involved lowering a lifeboat into the water with crewmembers aboard. The lifeboat was successfully lowered into the water, but things took a turn for the worst as the boat was raised back up to the deck about an hour later. As the lifeboat ascended, “a cable holding it snapped and a hook holding the lifeboat on a second cable gave way.” This sent the lifeboat plunging nearly 65 feet into the water upside down.

An alarm was sounded and divers raced to the lifeboat. The divers recovered four bodies and were unsuccessful in reviving a fifth person who had stopped breathing. The three injured crewmen were transported by ambulance to a local hospital. Carnival festivities to be held on the island Sunday were cancelled, but were to go ahead as planned on Monday.

Cruise ship lifeboat accident kills 5 in Spain, www.miamiherald.com February 10, 2013

Published on: February 8, 2013

Two Young Girls Ejected from Van in Miami Gardens Crash Recovering

by Friedland | Carmona

Two Miami Gardens middle school girls are in stable condition and recovering after being thrown from a van on their way home from school Wednesday. The girls, Genesis Miller and Tonja Carter, and two other children boarded the van they ride home every day from Norland Middle School. The van was heading north on Northwest 12th Avenue at 199th Street when it was struck by an eastbound-traveling Nissan Altima. Upon impact, Miller and Carter were ejected from the van.

Miami-Dade Fire Rescue quickly arrived on scene and transported both girls to Ryder Trauma Center at Jackson Memorial Hospital. Miller arrived in stable condition, only having suffered minor scrapes and bruising. Carter was in critical condition, but by later in the evening was declared stable as well. She was transferred to the pediatric intensive care unit that night, having suffered cuts, bruising, a broken leg, and bleeding on the brain described by police as “not serious.” Carter also experienced difficulty breathing and was placed on a respirator. Thankfully, none of her injuries will require surgery.

The driver of the Nissan Altima told police that he suffered a heart attack immediately prior to the accident. However, hospital staff performed tests and determined that was not the case. They are awaiting results of other tests to determine if the driver experienced another medical episode. The van driver and two other children in the vehicle were not seriously injured as a result of the accident.

Children thrown from van in Miami Gardens crash are recovering, www.miamiherald.com February 7, 2013

Published on: February 7, 2013

Sunrise Cyclist Killed in Hit-and-Run, Family Asks Driver to Come Forward

by Friedland | Carmona

The grieving family of a bicyclist killed as a result of a hit-and-run accident is asking for the public to help find the driver that struck their loved one. Sunrise police found the body of 49-year-old John Quintal at 9:10 p.m. on Sunday in the 2100 block of Sunset Strip. Next to him was his twisted bike with a smashed front tire, along with silver paint chips, and debris left behind from the car that struck Quintal. Quintal was pronounced dead at the scene.

According to Sgt. Rodney Hailey, Sunrise traffic homicide officers plan to determine the make and model of the vehicle using the debris left behind at the scene. Investigators are also checking the area for surveillance cameras that may have recorded the driver leaving the scene of the accident.

Quintal’s ex-wife, Tania Quintal, and the couple’s son, Jonathan Quintal, flew in from Queens, N.Y. Monday to make arrangements for John Quintal. Tania Quintal urged the driver to come forward and to “make amends.” The family continues to grieve the loss of their loved one as investigators work towards bringing them some kind of closure.

Family seeks help catching hit-and-run driver, www.sun-sentinel.com February 6, 2013

Published on: February 5, 2013

South Florida Ranked As Having Some of Most Congested Roadways in Country

by Friedland | Carmona

South Florida is ranked again as one of the worst urban areas for traffic congestion. Over the past year, the region, which includes Miami-Dade, Broward, and Palm Beach Counties, experienced a worsening in traffic conditions. The 2012 Urban Mobility Report issued by the Texas A&M Transportation Institute ranked South Florida in 11th place of the 15 urban areas with the worst congestion.

Each year, a university research institution that is considered the national authority on transportation issues compiles the Urban Mobility Report. The report offers one of the nation’s most accurate measures of traffic conditions in large metropolitan areas. This year’s report includes, for the first time, a Planning Time Index (PTI), which was offered to determine the impact of traffic congestion on commuters. The PTI provides drivers with the amount of extra time needed to arrive to their ultimate destination on time.

The PTI gives commuters a number that corresponds with the average time it takes to make a trip during times of heavy traffic compared to the time it would normally take. According to the report, “[i]f the PTI for a particular trip is 3.00, a traveler would allow 60 minutes for a trip that typically takes 20 minutes when few cars are on the road.” South Florida was assigned a PTI of 3.60, while Washington, D.C., the city ranked as having the worst traffic congestion, was assigned a PTI of 5.72. Other cities ranked in the top 15 worst urban areas for traffic congestion include Boston, New York City-Newark, Atlanta, and Chicago.

Traffic woes: South Florida roads among most congested in U.S., www.miamiherald.com February 5, 2013

Published on: February 4, 2013

8 dead in Southern California After Another Serious Bus Crash

by Friedland | Carmona

After a day of skiing at Big Bear Mountain in Southern California at least eight are dead and more than thirty-five injured. A Scapadas Magicas LLC bus driver lost control of the vehicle when its brakes began to malfunction while driving down State Route 38 near Yucaipa, California. By the time it came to rest, the bus laid sideways blocking both lanes of travel and its front end was crushed.

Thirty-eight people loaded onto the bus in Tijuana, Mexico early Sunday morning to head to Big Bear for a day of skiing. The crash occurred as the bus was headed down the mountain, on its way back to cross the border. The bus driver told investigators that as he descended the mountain, the brakes gave out. The bus rear-ended one car, flipped, and then struck a pickup truck carrying a trailer.

The severity of the crash made it difficult for first responders to determine how many were injured or dead. Michelle Profant, California Department of Transportation spokeswoman stated “[i]t’s really a mess up there with body parts.” Passengers were transported to a number of area hospitals suffering from injuries ranging from minor to life-threatening. One of those hospitals, Arrowhead Regional Medical Center, stated that it had treated six passengers, two who were discharged Monday morning, two in stable condition, and two who remained in critical condition. This crash came less than a day after a bus in Boston, Massachusetts carrying high school students slammed into an overpass.

8 killed in Calif. bus crash of Mexican day skiers, www.miamiherald.com February 3, 2013