Car Accidents

Hialeah Hit and Run – Pedestrian Dies from Accident Injuries

December 19, 2012 | Wolfson & Leon

HIALEAH – Sadly, a woman died Tuesday in a pedestrian accdient. She was hit by a truck. The woman was walking on a sidewalk when the accident happened. The accident happened when a truck went up onto the sidewalk and crashed into the woman who was walking. After that, the truck proceeded to go flying back into the street, smashing into a schoolbus. The schoolbus had 16 children on it. The children were unharmed.

Pedestrian accidents like this are devastating. The woman was on the sidewalk and not even on the roadway. The accident happened in front of a shopping center at the intersection of West 16th Avenue and West 53rd Street. When vehicles leave travel lanes and cross into areas where people are walking, personal injuries are often devastating. In this case, the victim lost her life. There is really no way to prevent many accidents like this if you are the pedestrian.

Even if someone is off of a sidewalk or not in the crosswalk, it does not mean that the accident was solely his or her fault. While there are specific laws that govern where pedestrians are supposed to walk which are set forth in Florida Statute 316.130, those who are driving a car have the ultimate requirement to avoid hitting pedestrians. After describing a pedestrian’s duty to abide by traffic laws and walk in appropriate places, Florida Statute Section 316.130(15) provides that “[n]otwithstanding other provisions of this chapter, every driver of a vehicle shall exercise due care to avoid colliding with any pedestrian or any person propelling a human-powered vehicle and give warning when necessary and exercise proper precaution upon observing any child or any obviously confused or incapacitated person.”

Should I Buy Rental Car Insurance?

December 14, 2012 | Wolfson & Leon

MIAMI BEACH – One of the more confusing moments in renting a car is the moment in time when the rental agent tries to sell you insurance on the rental. What should you do?

If you have insurance on your personal car and it provides rental coverage, usually the answer is “no” because it would be a waste of money. That doesn’t mean that you will be covered for everything that happnes. But, chances are that if you have your own coverage, buying additional coverage sold by the rental comapny is a waste. But read below to make sure.

The rental agencies will try to sell you two things. The first is loss damage waiver. And the second is liability insurance. There are other coverages that they may try to sell. But these two are the basics and this article is limited to discussing the pros and cons of purchasing them depending on what coverage you have.

Fatal Car Accident on Turnpike – Preserving Black Box Evidence

December 14, 2012 | Wolfson & Leon

WEST PALM BEACH – Tragically, a woman died on the Florida Turnpike Friday, December 14, 2012 near the Okeechobee Boulevard exit in Palm Beach. It happened at 5 a.m. The associated press reports that the Florida Highway Patrol said that she tried to avoid a crash in front of her but was struck by a vehicle behind her. The accident caused the southbound lanes to close.

And, The Palm Beach Post reports that a pickup truck driver hit the median concrete wall in the center of the highway. He spun and ended stopped in the road. The woman who unfortunately died was driving a Mazda and may have hit that truck or stopped just before hitting it. Then, unfortunately, another pickup truck slammed into her, in what appears to be the accident that caused her to pass away. She expired at the hospital. The first driver was also taken to the hospital. The police, Florida Highway Patrol, will continue to investigate.

We are Miami Beach and Miami personal injury lawyers and handle cases throughout South Florida. Thirty percent or more of our cases are filed outside of Miami-Dade County and we have extensive experience litigating in Palm Beach County, Broward County, and throughout the state west to Collier County and as far north as Jacksonville.

Drunk Drivers & Wrong Way Collision – NTSB Calls for Ignition Interlock on All Convictions

December 11, 2012 | Wolfson & Leon

MIAMI BEACH – Today, the National Transportation and Safety Board (NTSB) has called for every state to enact laws that would require an ignition interlock device for anyone who has been convicted of a drunk driving offense. This would include first time offenders. The device prevents the person from starting a car’s engin if their breath tests positive for alcohol.

The device prevents a person from starting a car if the alcohol reading is too high. The NTSB says that it is the best way of preventing further crashes. If the blood alcohol concentration is .02 percent or .04 percent, depending on the device, the car won’t start. The breathalyzer is mounted on the car’s dashboard.

The device is currently required for convicted drunken drivers in 17 states. According the the NTSB, drunk drivers account for more than a third of the nations 32,000 traffic deaths a year.

Tip One – What to do at the Automobile Accident Scene

December 6, 2012 | Wolfson & Leon

MIAMI BEACH – First, you should almost always get checked out at the scene by Fire Rescue if you’ve been injured even slightly. And always be complete and consistent with the medical providers at the scene. Even if you have medical training, it is exceedingly difficult to assess your own medical condition. Thus, strongly consider any offer from a fire rescue personnel on the scene to go in the ambulance to the hospital.

We are Miami Beach and Miami personal injury attorneys and have represented thousands of people in auto accident cases. Jerome H. Wolfson, Esq. has been practicing for over 50 years.

First responders like EMT (emergency medical technicians) know best when people need to go to the hospital. Listen to them. When they come to the scene, do what they tell you. If they say don’t move, don’t move. And do not forget to tell the EMT or Emergency Medical Technician on the scene every physical complaint that is bothering you after the accident. The reason this is important is because the insurance company or defendant will make a big deal out of anything that you may have forgotten to tell the Fire Rescue personnel. In fact, if you testify during your case that you had pain at the scene and you forgot to tell the EMT Fire Rescue person, the Defendant or Insurance Company may try to make it seem as though you are lying about your injuries.

You Can You Sue the Person You Rear-Ended – Sudden Stops, Short Stops, and Sudden Lane Changes

November 26, 2012 | Wolfson & Leon

MIAMI BEACH -　 On November 21, 2012, in Cevallos v. Rideout, 37 Fla. L. Weekly S739a, Case No. SX09-2238 (Fla. 2012), the Supreme Court overturned the lower court’s decision that the presumption that the accident was the rear drivers fault could not be rebutted.　 So, yes, you can sue the person that you rear ended. But let’s use some common sense. The accident has to be his or her fault, at least partially. As long as the person in front of you that you rear-ended did something wrong that rebuts the legal presumption that the accident was your fault, you should be able to recover.　 But your recovery is limited to the percentage of the accident that was not your fault.

So, if you were injured in a rear-end accident in Miami or Miami Beach, our attoneys may be able to recover for you even if you did the rear-ending.　　

The most common thing that a front driver does wrong to cause someone else to rear-end them is to make a sudden stop in an area where such a sudden stop wouldn’t be expected.　　　

Who Pays Costs in Personal Injury Rear-end Automobile and Fall Down Cases?

June 28, 2012 | Wolfson & Leon

(In Miami Beach, Miami, Aventura, Coral Gables, Wynwood and Miami-Dade, Broward, Palm Beach Counties.)

Whether we undertake representation of an individual in a fall down, rear end collision, or any other negligence case, it is usual for us to expend costs on behalf of the client.

The contingency contract of Wolfson & Leon of Miami, Florida includes a precise agreement as to the percentage of the potential gross recovery that is agreed to as the attorney fee. We can send you a copy of the agreement to review. And we forward and pay any expenses that may arise before a lawsuit is filed. Any such expenses that we pay on behalf of an injured client is repaid to the law firm from the gross recovery. But this is ONLY if we recover money for you. If we don’t get you any money, we will not request a penny from you for any attorney fee or cost we expended. So, we forward all of the costs of pre-suit preparation or litigation and do not get reimbursed if there is not a recovery. You only pay if you get paid and get money from a settlement or verdict.

Hit by a Car on Miami Beach

June 2, 2012 | Wolfson & Leon

Recently, we closed a case involving a lovely woman, our client, who was hit by a car on Miami Beach. She was crossing Pine Tree Drive and headed West on 41st Street (also known as Arthur Godfrey Road). The Northbound light on Pine Tree Drive was red. And our client entered the crosswalk with a “walk” signal. But a driver of an SUV (not a small car) took his foot off the brake and knocked her down. She was in the crosswalk when this happened. In our experience, Plaintiffs in pedestrian knockdown cases who are walking or standing and are hit by a moving car have the edge in court and negotiations. Drivers are called upon to look out for pedestrians. In fact, Florida Statute 316 places a heavy burden on drivers to keep a lookout for pedestrians or any person walking at or near a roadway. While a Plaintiff who was in a crosswalk and is hit by a car has a better case, it isn’t absolutely necessary to show you were in the crosswalk at the time the vehicle collided with your body.

Florida Statute 316.130 states that, notwithstanding a pedestrian’s duty to obey a series of laws, “every driver of a vehicle shall exercise due care to avoid colliding with any pedestrian or any person propelling a human-powered vehicle and give warning when necessary and exercise proper precaution upon observing any child or any obviously confused or incapacitated person.” However, pedestrians do have to follow the law and jaywalking in Florida is illegal. You can get a ticket for it. And, at a trial on a civil case, if you violate a jaywalking law, it may be used to say you were partially at fault or “comparatively” negligent in causing the accident. This doesn’t mean you can’t recover. Only that your recovery will be reduced by the amount or degree to which a jury finds you were negligent or “comparatively” negligent or at fault or wrong.

For example, one jaywalking law prevents a pedestrian from crossing a street at anything other than the shortest angle or a right angle. Another prohibits you from walking on a street shoulder if there is a sidewalk. To see the complete jaywalking laws, click on the following link: http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0300-0399/0316/Sections/0316.130.html.

Rear Ended Vehicle Usually Wins Liability / Fault Issue

May 15, 2012 | Wolfson & Leon

Every case has two parts: liability and damages. And, to win your case before a jury, you have to prove both by the greater weight of the evidence. In fact, if you cannot show liability, the jury does not even consider damages. Your Miami Car Accident Lawyer explains:

The practical impact of this is that, if a case is being negotiated before a lawsuit has been filed, an adjuster will look to both parts in order to evaluate it. Likewise, if a case has been filed at the courthouse, the lawyer for the defendant will evaluate both liability and damages in order to report to his client what he, she, or it is facing.

Now, in a car accident case, rear end collisions are usually the fault of the rear-vehicle. In fact, once a case gets to trial, there is what is called a “rebuttable presumption” that the person who did the rear-ending in the car accident is at fault, or wrong. This means that the person who rear-ended you is presumed to be in the wrong. He or she can “rebut” or refute that presumption by showing one of four things. To avoid getting a directed verdict at trial on whose fault the accident was, the defendant would have to show (1) that there was something mechanically wrong with his or her car; (2) that the lead driver made a sudden stop; (3) the lead driver made a sudden lane change; or (4) that the lead driver made an illegal or improper stop. Dept. Highway Safety v. Saleme, 963 So. 2d 969 (Fla. 3rd DCA 2007). With regard to the sudden stop exception, a sudden stop, alone, is insufficient. Clampit v. Spencer, 786 So. 2d 570 (Fla. 2001). Rather, for this exception to kick in, “the lead driver’s stop must occur “at a time and place where it could not reasonably be expected by the following driver”. Pierce v. Progressive, 582 So. 2d 712 (Fla. 5th DCA 1991).