A few years ago I represented the survivors of a father and his married daughter who were killed when a police hot pursuit ended tragically with a violent head-on collision. It was clear in that case that the police had violated the internal Police Department policies against hot pursuits of non-violent subjects. Now, two more needless deaths have occurred in the Orlando area as a result of...
In analyzing Motor Vehicle accidents, trial counsel may overlook the highway defects and ambient highway design and safety considerations. The following tips have proven effective:1. Never assume "it is only driver error" on behalf of the plaintiff/defendant or other operators. 2. Immediate investigation of the "non-obvious" contributing factors to the accident, including road work and...
A tragic death occurred in South Florida this week. Jon M. Herskowitz, Esq., Miami Personal Injury Lawyer, reports on the facts. "Jennifer Green, 49, was killed Wednesday when debris fell from an overturned tractor trailer and landed on her car. The truck had overturned on the overpass ramp and dumped some of its load (constuction debris and tree roots) on the highway below, smashing into...
Jennifer Green, 49, was killed Wednesday when debris fell from an overturned tractor trailer and landed on her car. The truck had overturned on the overpass ramp and dumped some of its load (constuction debris and tree roots) on the highway below, smashing into Jennifer Green's minivan. The poorly designed ramp and drivers' excessive speeds have created a serious problem here, according to FDOT...
In an unfortunate auto accident last night, a pedestrian was hit and killed by a Miami police officer driving his police car through Homestead, resulting in the closing of the intersection for several hours pending an investigation of the scene. The accident occurred at the intersection of NE 16th Ave. and 8th Street around 11:00 p.m. The Miami Herald is reporting this morning that friends of...
Seven years ago a Broward County Sheriff's Deputy crashed his cruiser into the car of 18 year old Eric Brody. This week a jury determined that the deputy was speeding and that his negligence was the sole cause of the accident. Eric was severely brain injured and is still struggling to rehabilitate himself and set the damages at $31 Million. Florida imposes a limit or cap upon the liability...
Automobile, motorcycle, bicycle, and pedestrian, accidents are some of the leading causes of death and injuries in the United States. Accidents that lead to injury or death caused by others may be compensable and early investigation and prompt preservation of evidence is critical. Whether you are a driver, passenger, or pedestrian, you should seek medical attention immediately and this should be...
Another tragic accident as a result of negligence:A father and his 5-year-old son were struck and killed by a passing car Sunday evening as they attempted to cross Southwest 211th Street directly south of Southland Mall, police said. They were headed north across the 11000 block of 211th Street toward the mall just after 6:30 p.m. Sunday, when a two-door 2001 Hyundai, driven by Homestead...
As part of public information provided by the Florida Bar about "what to in case of an auto accident," the Florida Bar website advises that guilty pleas in traffic infraction cases can be used in a civil lawsuit (as in a personal ijury case). However, Section 318.14(4) states: 318.14 Noncriminal traffic infractions; exception; procedures.-- (4) Except as provided in subsection...
The Florida Bar website is a great resource for useful information. They have compiled a comprehensive list of things to do if you are involved in an auto accident. Among the most important:With the exception of your exchange of required information, you should not comment on the accident. Keep your notes and opinions to yourself. Do not admit you were wrong or careless. Such admissions, made...
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