Miami Injury Lawyer Blog

Published on: January 3, 2013

Changes to PIP Law Are Ineffective

The new Personal Injury Protection (“PIP”) law is designed to crack down on no-fault auto insurance fraud may not be actually be saving money. Reports indicate that this new law does little to help insurance companies, as well as Florida drivers, save money. “Any potential savings coming on the personal injury protection portion of a policy is so slight that it is likely to be offset by increases in other parts of the coverage.”

The “new” PIP law, which took effect in July of this past year, limits benefits to $2,500 unless a medical professional determines the accident victim is suffering from an “emergency medical condition.” “Medical professional” includes doctors, osteopathic physician, dentist or a supervised physician’s assistant or advanced registered nurse practitioner, but excludes chiropractors. Prior to the change, $10,000 was the maximum amount insurance companies were required to pay for medical bills and lost wages, no matter who was at fault for the accident.

New PIP Law Begins, But Will You Pay Less?, www.miami.cbslocal.com January 01, 2013

Published on: January 2, 2013

Three Teens Dead in Alabama Plane Crash

by Friedland | Carmona

A teen pilot and two friends perished in a plane crash in Alabama this week. Seventeen year old Jordan Smith was flying the plane, a plane that he had piloted several times, on Tuesday night when he crashed less than a mile from the Walker County Airport in Jasper, Alaska. Smith’s mother, Sherrie stated that Jordan had flown the plane several times and the owner of the plane had given Jordan his own key to the aircraft. Jordan was one test short of achieving his pilot’s license.

Jordan and his friends left the house around 6 p.m. to meet friends near the airport and departed around 10:30 p.m. National news reported that the teens had stolen the plane and were “joyriding” around in it, but according to those close to Jordan, that is not the case. Regardless, according to airport manager, “It was a student pilot flying an airplane without permission, an airplane that he was not qualified to fly at night.”
Jordan’s friends Tyler Ary and Jordan Seth Montgomery perished in the crash. The plane went down in a “wooded, swampy area” near a farm that training flights routinely circled. “It’s just three kids making a wrong decision,” one neighbor stated.

Mom: Boy didn’t steal plane in crash, www.miamiherald.com January 02, 2013

Published on: December 31, 2012

Four Cyclists Injured In Weston Crash

by Friedland | Carmona

Four South Florida cyclists remain in critical condition at area hospitals after being struck by a car Saturday morning. The cyclists were out with a group on U.S. 27 when an oncoming car struck them and several others. One of cyclists was airlifted to a Broward area hospital. Two of the cyclists have been listed as “trauma alerts” by the hospitals.

Broward Sheriff’s Office spokeswoman Dani Moschella said the Weston accident is still under investigation as police try to determine the cause of the crash. U.S. 27 was closed while police investigated the incident and while the helicopter came for the one airlifted victim.

Car crash sends 4 cyclists to S Florida hospital, www.miamiherald.com December 23, 2012.

Published on: December 28, 2012

Family Informs West Palm Beach of Plans to File Wrongful Death Suit

by Friedland | Carmona

In October, eighteen-year-old Michael Camberdella was fatally shot by a Palm Beach County Sheriff’s deputy. This week, his family informed the county of its intent to file a wrongful death suit against the Sheriff’s office. The family is asking the Palm Beach County State Attorney’s Office and the Florida Department of Law Enforcement to complete independent investigations into the shooting. The family has also expressed their intent to ask the FBI to investigate the shooting if necessary. The Sheriff’s office is currently conducting an internal affairs investigation.

Camberdella “was unarmed and served no threat to the deputy,” said the family’s attorney. Camberdella’s family believes that the accident was avoidable and that it could and should have prevented. The wrongful death civil suit, which the attorneys must not file until April, six months after the accident, is seeking damages for more than $15,000.

The deputy who shot Camberdella is back on duty after having been only placed on administrative leave after the incident. On the night of the accident, Officer Goldstein responded to multiple 911 calls that came from the Camberdella home. According to the 911 calls, Camberdella was trying to choke his mother and was “threatening her with hedge shears and a hammer.” Camberdella came towards Goldstein with two objects and ignored orders to stop. One neighbor claimed Camberdella was unarmed after Goldstein shot him.

Camberdella’s mother stated, “I need my son’s justice, I need this to move forward.” Family members have stated that they feel as though the Sheriff’s office is acting as if the accident never happened and is more concerned about the office’s public relations.

Family of 18-year-old suburban Boynton Beach man fatally shot by deputy informs sheriff of potential wrongful death suit, www.palmbeachpost.com December 28, 2012.

Published on: December 27, 2012

Two Dead After Car Crashes Into California Bus Stop

by Friedland | Carmona

Two people are now dead and two other have been critically injured after a car plowed into a bench where bystanders were waiting for a bus in California. The Kia sedan crashed into a light before smashing into the bus stop bench. Four people were waiting for the bus at the time of the crash; the Kia struck all of the bystanders.

Witnesses told investigators that they first saw the car when it stopped at a red light. When the light turned green, “veered sharply to the right,” crashing into the bus bench. At this time, investigators are unaware of what caused the driver to suddenly change directions.

A twenty eight year old woman and seven year old girl died at the scene of the crash, while a thirty one year old man and a thirty-year-old woman were taken to Riverside Community Hospital to be treated for severe injuries. The forty five year old driver has been detained. According to police, there are no skid marks leading to the bus stop, meaning the driver did not attempt to apply the brakes. At this time, neither speed nor intoxication appear to be a factor in the crash; however police are still investigating the possibility that the driver was intoxicated.

2 killed, 2 injured in Calif. bus bench crash, a> www.miamiherald.com December 27, 2012.

Published on: December 26, 2012

Toyota Reaches $1 Billion Settlement

by Friedland | Carmona

Toyota Motor Corporation has reached a settlement with Toyota owners who claim the value of their cars and trucks “plummeted after a series of recalls stemming from claims that Toyota vehicles accelerated unintentionally.” The settlement, which is worth more than $1 billion, was filed today and must be approved by a U.S. District Judge. Pending approval, Toyota owners are happy with the settlement. Steve Berman, one of the lawyers representing the owners, stated, “We kept fighting and fighting and we secured what we think was a good settlement given the risks of this litigation.” This is the largest settlement in United States history for an automobile defect claim.

Toyota said the company would make a “one-time, $1.1 billion pre-tax charge against earnings to cover the estimate costs of the settlement.” Berman believes that actual value of the settlement is between $1.2 and $1.4 billion. Hundreds of lawsuits have been filed against Toyota, beginning in 2009, after it was discovered that the cars accelerated on their own, resulting in many crashes, injuries and deaths. Those who filed wrongful death suits against the carmaker are not part of this settlement; that trial is expected to begin in February. Those who suffered economic loss are part of this settlement and will receive cash payments from Toyota. “Toyota will offer cash payments from a pool of about $250 million to eligible customers who sold vehicles or turned in leased vehicles between September 2009 and December 2010.”

Toyota will also launch a $250 million settlement for the 16 million current owners to “provide supplemental warranty coverage for certain vehicle components.” Toyota has also created an override system that will ensure that the car will stop when the brakes are applied, even if the accelerator pedal is depressed. Further, additional driver education programs will be provided and Toyota will fund new research for vehicle safety technologies. More information is available at www.ToyotaELsettlement.com.

Settlement reached in Toyota acceleration cases, www.miamiherald.com December 26, 2012.

Published on: December 24, 2012

Four Dead In Ohio Collision

by Friedland | Carmona

Four people died early Sunday after partygoers went the wrong way on an Ohio highway. A minivan carrying an Ohio family crashed into another minivan carrying a family on their way to see grandparents for the holiday season. The accident, which occurred at 2:30 in the morning, killed three adults and one seven-year-old boy. Two other young children were critically injured in the crash.

Ohio State Patrol stated that alcohol use is suspected as investigators detected the smell of liquor in the minivan that was traveling the wrong way down the highway. A bottle of alcohol was also found inside the vehicle. A forty-year-old man as driving with his children in the back when he turned his minivan around on the highway and proceeded in the wrong direction. The driver crashed into another minivan, carrying a father, mother and their four children. The forty year old and his son in the first minivan were killed, as was the mother in the second minivan at the scene of the accident. The father in the second minivan died later a Cincinnati hospital.

Head-on crash amid holiday travel kills 4 in Ohio, www.miamiherald.com December 23, 2012.

Published on: December 21, 2012

Two Injured In Hialeah Two-Bike Motorcycle Crash

by Friedland | Carmona

Two people have been hospitalized after a motorcycle crash left part of Okeechobee Road closed last night. The crash, which occurred in Hialeah, took place around 8:00 p.m. in the northbound lanes of Okeechobee Road. Two motorcycles, both larger models with small trailers attached them, were each carrying two people when one of the motorcycles “lost control and threw a passenger from the bike but kept rolling.” The second motorcycle them somehow tipped on its side. It unknown what caused the two motorcycles to collide.

Two of the people involved in the accident were taken via helicopter to Jackson Memorial Hospital’s Ryder Trauma Center. The other two victims refused to be transported. Police are still investigating the crash and interviewing witnesses, as well as the victims who refused to be transported to the hospital.

Motorcycle crash on Okeechobee Road in Hialeah sends 2 to hospital, www.miamiherald.com December 20, 2012.

Published on: December 20, 2012

Toyota Camry Receives “Poor” Safety Rating

by Friedland | Carmona

The Insurance Institute for Highway Safety gave the new Toyota Camry a “Poor” in its newest safety rating series. The “Poor” rating for the Toyota Camry, which is the best-selling car in the United States, came in a test designed to measure “how well people are protected when the front corner of a car hits another car or object.” Due to the “Poor” rating, the Camry failed to get a “Top Safety Pick-Plus” rating. The Camry did perform well in the Insurance Institute’s other safety tests.

The Toyota Prius, Toyota’s gas-electric hybrid, also performed poorly on the test, but did receive a “Top Safety Pick” designation. According to the Insurance Institute’s President, “Toyota’s engineers have a lot of work to do to match the performance of their competitors.” In response to the report, Toyota stated that the test requirements were raised above government standards, but that the company will do its best to rise to the challenge.

Ten other mid-size cars received the “Top Safety Pick-Plus” rating, including the Honda Accord, Chrysler 200, Dodge Avenger, Ford Fusion, Kia Optima, Nissan Altima, Subaru Legacy, Subaru Outback, Suzuki Kashai and the Volkswagen Passat.

Toyota’s Camry performs poorly on new crash test, www.miamiherald.com December 20, 2012.

Published on: December 19, 2012

Florida Health Officials Make Surprise Visit to Problematic Nursing Home

by Friedland | Carmona

State officials were on site today, visiting a Miami Gardens nursing home that is currently under investigation over its treatment of “medically fragile children” in its care. These fragile children, who are in the care of the State of Florida, have been living at Golden Glades Nursing & Rehabilitation Center, which is a nursing home that was fined heavily by the federal government after a 14- year old Tampa girl was taken there against her mother’s wishes and died less than 12 hours after arrival. The Department of Children & Families oversees these children in the home.

David Wilkins, DCF Secretary, was at the nursing home after Florida’s privately run foster care agency in Miami, Our Kids, removed two of the five children from the care of the nursing home. One of the children was immediately sent to a Broward medical center. After DCF leaders filed a complaint, the state Agency for Health Care Administration opened a formal investigation of the nursing home. No safety concerns were immediately found, but child-welfare officials still have serious concerns about the home.

During Wilkins’s visit, a nurse overseeing the dependent children in the nursing home noted that detailed care-giving instructions for these children were ignored. Also, one of the home’s doctors abruptly resigned last week. The home’s pediatrician is supposed to see the children on a daily, if not weekly basis, but had not seen most of the children in weeks. These failures are what prompted DCF and Our Kids to remove children from the home and send them back to their parents or other medical foster homes, but two children will remain indefinitely because they cannot be physically moved.

DCF chief inspects Miami Gardens nursing home where girl died, www.miamiherald.com December 19, 2012.