Miami Personal Injury Attorney Blog

Miami Lyft Driver Killed in DUI Accident

August 24, 2017 | Wolfson & Leon

Car_crash_2 In March of 2017, a Lyft driver in Miami was killed in a Little Havana accident. The other driver was charged with DUI (Driving Under the Influence) for being high on crystal meth and cocaine. There were four passengers in the Lyft driver’s vehicle who were taken to the hospital. The family and survivors of the deceased driver and the passengers would benefit from the advice of a Lyft car accident attorney in Miami. These victims all face a potentially complex situation of insurance coverage.

Nicholas Castelao was ultimately charged with DUI manslaughter for driving while high on crystal meth. The Lyft driver he killed was Robert Torra. The accident happened in the residential area at the intersection of SW 25^th Avenue and SW 17^th Street. Castelao told a nurse at Jackson Memorial that he was high on meth. In addition, the investigating officers found a drug pipe near the vehicle after the accident. At the hospital, a nurse’s aide found 3 bags of drugs in the pockets of Castelao.

It is so sad that the selfish decision to drive while under the influence tragically impacted the Lyft driver and his four passengers. Not only were those folks affected, their families and friends also felt the impact. The unintended consequences of a tragic car accident extend far and wide.

Watch What You Sign or Suffer the Consequences

August 23, 2017 | Wolfson & Leon

proof3-300x200 It happens all the time. You go to an amusement park. You go to a tumbling facility for children. Maybe you take your kids to a horseback riding facility. Perhaps you’re even at one of those trampoline places where everyone jumps around with socks on. And this could even happen at a doctor’s office. What is it? Signing papers without reading them first.

What happens if you don’t get to do what you want unless you sign a piece of paper? It seems unfair that you could be stuck and held to an agreement that you signed in that sort of a situation. But when you sign something you need to read it. In fact, in all the situations above, if you sign away your right to sue if somebody else does something wrong and hurts you, then you can’t sue them no matter if the other person is negligent.

In fact, if the agreement says that you are releasing the location or person or company from any of their own negligence that means you can’t sue them if they’re negligent. Seems pretty straightforward. But nobody reads these agreements. Even lawyers will fail to read them. But you should think carefully about whether or not to even want to go forward with the activity. Because even if the other side is negligent, if you sign that paper, you can’t sue them.

Airbnb Accidents in Florida

August 22, 2017 | Wolfson & Leon

stairs2-300x219 What would you do if you were injured at an Airbnb location in Florida? If the accident wasn’t your fault, do you know how to hold the responsible person or company accountable for your damages, medical expenses and loss of income? Our Florida Airbnb accident attorneys have investigated and studied the issues involved when people are injured due to the negligence of the Airbnb owner or operator. Unfortunately, the answers are not simple. However, there is a path to recover for your Airbnb injury.

The first thing that you need to understand is that you cannot sue Airbnb. The Terms of Service in your Airbnb agreement provide that in the event of a dispute, you agree to negotiate or arbitrate with Airbnb. Additionally, in that same agreement you agreed to waive your rights to request a jury trial for all issues that are capable of being submitted to arbitration. You might wonder if Airbnb can do this legally. The answer is yes. You’re not required to use Airbnb but when you do you must agree to Terms of Service.

In fact, it is common for companies and corporations to include such provisions in the terms of service or agreements. The most used provisions include waiver of jury trials and arbitration requirements. If you disagree then you simply don’t have to use the service or product that is being provided to you by the corporation. Another favorite is venue selection. Most obvious example is accidents that occur on cruise ships. Most cruise ship tickets provide that in the event of a lawsuit is filed then it must be filed in federal court in Miami. Again, if you don’t agree than simply don’t buy the ticket.

UBER and Your Kids

August 21, 2017 | Wolfson & Leon

rear_end_collision-150x150 If you use UBER or LYFT to pick up and deliver your minor children, then you should know it is a violation of company policy for both of these corporations. Realistically, you should also know that these companies do very little to enforce this policy. To most drivers, a ride is a ride whether it is a child or an adult.

UBER and LYFT always say to right thing. But the proof is in their actions. Consider UBER’s firearm policy. No guns for anyone at any time. Sounds great – but no real effort put into actual enforcement.

Same thing for UBER’s discrimination policy. No one is allowed to discriminate – ever. Sounds wonderful, but is UBER doing anything proactively? No, they are not. Therefore, there is no reason to assume that UBER or LYFT is going to actively prevent drivers from picking up riders under the age of majority. If something goes wrong, UBER or LYFT will simply point to their policy and claim innocence – just like they do with guns and discrimination.

Accidents at Florida Wawa Stores

August 18, 2017 | Wolfson & Leon

Like any other gas station or convenience store, Wawa may be liable for accidents resulting in personal injury. If you or a loved one is seriously injured while visiting any of the 90 plus Wawa stores in Florida, you are strongly urged to speak with a Florida Wawa accident lawyer as soon as you can. A prompt investigation and early legal advice can often make the difference between a contested claim and a successful recovery.

Wawa Moves into Florida

The first Wawa store in Florida was opened in the Orlando area only four years ago. In less than five years, Wawa has opened more than 92 stores. In addition, the corporation as very aggressive plans for expansion in Florida.

Hit-and-Run Accidents on the Rise in South Florida

June 30, 2017 | Wolfson & Leon

accident-miami-300x225 It’s bad enough when you are seriously injured in a crash of any kind. But when the driver leaves the scene, that is the definition of adding insult to injury. That is why law enforcement is working on programs to help reduce or solve the problem.

In Florida, 25% of all crashes in 2016 were hit-and-run accidents. To be more exact, the Florida Department of Highway Safety and Motor Vehicles listed 99,004 hit-and-run accidents in the state. Amazingly, a significant number of drivers would not face charges or even receive a ticket if they stayed at the scene after a crash. But by leaving the scene of an accident, even where that driver was not at fault, makes that fleeing driver subject to arrest and imprisonment. As an example, Florida law provides that leaving the scene of an accident when someone has died is a first-degree felony punishable by a $10,000 fine and up to 30 years in prison. Even with this penalty, the numbers of hit and run accidents continue to rise.

Hit and Run Accidents in Miami

Why People Hire Lawyers After Car Accidents

March 29, 2017 | Wolfson & Leon

While you enjoy the insurance company commercials on television, you should also keep in mind that insurance companies do more than just advertise. They invest significant amounts of money in studying you and your behavior, actions and tendencies. One area that the insurance industry is most curious about is why people hire personal injury lawyers after car accidents.

The standard belief within insurance companies is that personal injury lawyers increase the cost of claims. Insurance companies measure the average cost per paid claim. This category is referred to as claim severity. Other measurements that every insurance company relies on include frequency and loss costs. Insurance industry executives are convinced that car accident attorneys negatively and significantly impact all claims costs and that results in higher premiums.

So, it is natural that insurance companies would spend some of their research and development money on trying to figure out why so many people hire lawyers after a car crash. Veterans in the industry believed for years that delays in processing claims often led people to hire attorneys. But a recent study brings that belief into question.

Accident with UberEATS Driver – Now What Do You Do?

February 10, 2017 | Wolfson & Leon

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UberEATS is everywhere in South Florida now. There was a recent announcement that UberEATS will even deliver food from McDonalds. But what happens if you have an accident with an UberEATS driver? Will Uber insurance cover the UberEATS driver?

Our Miami UberEATS accident lawyers assure us that the same coverage that exists for Uber accidents should apply for any accident involving UberEATS.

Uber Insurance Coverage

Restaurant Sued for Swallowed Broken Shell – The Reasonable Expectation Test

February 6, 2017 | Wolfson & Leon

A Buca di Beppo restaurant was sued by a customer who was seriously injured when he swallowed a broken mussel shell. The trial court in Broward County initially granted the defendant Buca’s motion for summary judgment which was reversed by the Fourth District Court of Appeal based on the application of the “reasonable expectation” test to the facts of the case.

Now the customer is entitled to a jury trial and our personal injury lawyers at the Miami office of Wolfson & Leon firmly believe the 4^th DCA got this one right.

Linguine Frutti di Mare with the Broken Mussel Shells

Florida Legislation for Uber & Lyft in 2017

January 31, 2017 | Wolfson & Leon

Until now, Uber, Lyft and the transportation network companies (TNC) have dealt with local governments on a county by county basis. However, in January 2017 proposed legislation was filed in the Florida Legislature which is widely viewed as favorable to the TNC companies like Uber and Lyft. This is potentially good news for Florida consumers as well as Uber car accident lawyers and Lyft injury attorneys.

Uber, as the market leader in Florida, has taken the lead in the battles against local governments. Lyft typically waited for the dust to settle and fell in line with the results obtained by Uber. These battles were on display in South Florida over the past few years with Broward County taking the lead in fighting against Uber.

Broward County banned Uber and Lyft for more than 4 months after negotiations broke down with Uber. Unfortunately for Broward County commissioners, the public outcry and backlash was overwhelming. In the end, Broward County essentially complied and gave in to the terms that Uber demanded. Not long after a deal was reached between Uber and Broward County both Palm Beach County and Miami-Dade County fell in line.