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Miami Personal Injury Law Blog

Family tries to find answers to bicyclist’s death

With Florida’s mild weather, drivers can expect to encounter bicyclists sharing the roads throughout the year. There is always a danger for a bicyclist when riding along Miami’s busy streets. For those who are affected by a bicycle accident, there can hardly be a more trying or heartbreaking time than when the person who caused the crash has not yet been found.

This is currently the case for a Miami Gardens family. Last month, their family member was struck and killed by a hit-and-run driver as he rode his bike in the early morning hours. Authorities have surveillance video that they released on October 8, which showed the victim getting off of a bus and starting to ride his bike across an intersection. Just after the man rode away, a black Volkswagen raced past, leading investigators to believe this was the vehicle that hit the bicyclist.

Third week of October focuses on teen driver safety

No parent wants to receive the devastating news that his or her teenager has been seriously injured or killed in an auto accident. Sadly, car accidents are all too common for drivers between the ages of 16 and 19 in Florida and the rest of the country. To help teenagers understand how their driving behaviors not only affect themselves, but also their passengers, their families and others on the road, the third week of October has been designated National Teen Driver Safety Week by Congress.

In 2007, State Farm and The Children’s Hospital of Philadelphia worked together to with Congress to bring the important topic of teenage driving dangers to light. Communities across the country will be participating in school activities and other functions to raise awareness on the many hazards that new and inexperienced teenage drivers face every time they get behind the wheel.

Legally and emotionally supporting a loved one after an accident

At the Law Offices of Ivan A. Schertzer, we understand that one of the worst things a family can face is the injury of a loved one in a car accident. During the recovery period, the love and support of family members is crucial. This support extends to medical and legal matters as well as emotional support.

After an accident, the one who is most involved in the injured person’s care, usually a spouse or parent, may wonder how to provide the best support possible. Emotional support can make a world of difference in the injured person’s recovery, since simply knowing that a loved one cares can aid in healing. According to Healthtalk.org, this type of support after an accident can extend to the following:

How often do surgical errors occur in the U.S.?

When you go into the hospital for surgery, you may worry about the possibility of getting an infection, or other common complications. Usually you’re going to trust that your doctor and medical team know what they are doing and won’t make any major mistakes. Unfortunately for residents in Florida and throughout the country, major surgical errors occur all the time. The repercussions of these mistakes can range from temporary discomfort to permanent disability or even death.

A study by The Johns Hopkins University School of Medicine revealed that surgical errors happen in hospitals and medical centers about 80 times per week, or more than 4,000 times each year. While rare, surgical errors are a serious form of medical malpractice, and professionals have termed them “never events,” meaning that they should never happen.

Elderly residents evacuated from burning retirement complex

Apartment managers and owners have a responsibility to ensure their property is safe for residents. This includes keeping walkways and handrails in good repair to avoid slip-and-fall accidents, and being sure that electrical wiring is up to code and fully functional smoke detectors are installed. A dangerous property condition can be especially concerning for elderly Florida residents, who often are unable to protect themselves from a fall or escape from a dangerous situation on their own.

Premises liability cases can extend to injuries caused by a fire. Injuries from burns or from smoke inhalation are often deadly. At the very least, they are difficult to recover from, especially for senior citizens.

Children at risk of pedestrian accidents while walking to school

As most Floridians know, school has started and the chances of seeing children walking along many areas in Miami have increased. A large amount of children walk to school or the bus stop. On one hand, this is good exercise for children in today’s health-conscious society. On the other, walking in congested areas increases the risk of being hurt or killed in a pedestrian accident. The times when children walk to and from school typically coincide with the busiest traffic rush hours of the day.

Children are more likely than other age groups to be involved in a pedestrian accident. The Centers for Disease Control and Prevention say that one-fifth out of every child between the ages of five and nine  killed in a car crash was a pedestrian. Additionally, pedestrians are nearly twice as likely as vehicle passengers to be killed in an accident.

University crackdown reminds students of DUI consequences

With college having started again, Florida students will have numerous opportunities to participate in drinking-related activities. Sporting events, fraternity and sorority parties, dormitory gatherings and nearby bars are all common ways for university students to have a good time. When they make smart decisions about drinking and driving, students can avoid such setbacks as getting DUI charges and causing a car accident.

Some colleges are taking steps to reduce the number of drinking-related incidents among their students. Recently, the University of Central Florida Police Department caught several people near the school for drunk driving. Between August 13 and September 1, campus police arrested 17 people, 9 of whom were students. Three of these arrests occurred on university property.

Long driving hours frequently contribute to truck crashes

According to the National Highway Traffic Safety Administration, 214 people lost their lives in Florida in large truck accidents in 2012. A number of factors often contribute to truck crashes, such as alcohol or substance abuse, speeding or distracted driving. However, drowsy driving is near the top of the list for truck accident causes. Truck drivers are known for driving long hours each week; Insurance News Net says that some may even drive as many as 82 hours in a week. Federal regulations require truckers to rest for only 34 hours after logging in 60 to 70 hours, but after this brief break they are allowed to resume driving.

Getting one or two nights’ rest isn’t likely to reduce the chances of a fatigued truck driver causing an accident, says the New York Times. With many truckers driving 11 hours or more each day, the risk of falling asleep at the wheel is exponential and increases with each successive hour of driving. From 2009 to the current time, statistics show that truck crashes have increased and it is estimated that fatigue plays a role in 13 percent of them. 

What do I do after a bicycle accident?

For whatever reason, many bicyclists are injured or killed by drivers each year. If you’re involved in a bike crash, here are the most important steps you should take after the accident.

  • Get medical help - Going to the hospital is obvious if you’re seriously injured, but you may think you’re fine if you’re able to walk around after the crash. However, complications from seemingly mild injuries can show up days after an accident. Even if you decline an ambulance trip, it’s best to be seen by your doctor as soon as possible to rule out any potential issues.

Teenager driving in accident that killed toddler brother

It’s always tragic when someone is killed in an auto accident. When another family member is the one who caused the car crash, those left behind to pick up the pieces must feel the heartache of two separate tragedies: They must come to terms with the loss of their loved one and also have to deal with the person who caused the accident. Regardless of the circumstances, car accidents are a major cause of deaths and injuries in Florida and throughout the rest of the country. Factors like drunk driving and texting while driving are serious issues that have resulted in countless lives being changed forever.

Recently in Miami, a 19-year-old driver allegedly ran a stop sign and struck another vehicle, sending it crashing into a home nearby. Law enforcement believed the teenager was speeding at the time of the accident. The girl’s 3-year-old brother was thrown from the SUV, and was later pronounced dead at the hospital. A 41-year-old man also received critical injuries, but it was unclear whether he was in the other vehicle the teenager hit. If the man was not related to the other driver, it’s possible his family will want to pursue legal action against her for his medical expenses.

Office Location

Law Offices of Ivan A. Schertzer
16211 NE 18th Avenue
North Miami Beach, FL 33162

Phone: 305-940-0007
Toll Free: 800-639-8084
Fax: 305-354-8895
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