Florida Injury Attorneys Blog

David Benitez, 16, was killed in a car crash in St. Lucie County, Florida last night. According to news reports, David Benitez was ejected from an SUV after it veered into the median on I-95 and flipped over. After he was ejected, his body landed in the northbound lanes of I-95 where he was horrifically run over by two different vehicles.

Donia Otano, 14, was also seriously injured after she too was ejected from the SUV. Emergency crews responding to the scene found her laying on the median underneath the SUV. It is unknown whether or not she will survive from her injuries.

The driver of the SUV, Midialia Rodriguez, 39, was also hospitalized in serious condition along with two other passengers.

This case sounds like a horrific nightmare all around. I can't even begin to imagine what the families of these people are going through.

However, my purpose in writing this blog is to adress the legal issues and discuss them from my perspective as an injury lawyer.

Given the terrible loss of life and extreme nature of the injuries sustained by those involved, I can tell you that the "victim" parties are entitled to very substantial monetary compensation for their injuries and losses.

Continue reading "David Benitez Killed in Car Accident in St. Lucie County, Florida" »

Alejandro Romeo, 17, was killed in a car accident in Coral Springs, Florida early Saturday morning. According to news reports, Alejandro Romeo was riding with his mother when a truck crashed into the passenger side of their vehicle. Sadly, Alejandro was in the passenger seat and his mother was driving.

As a car accident attorney, I can tell you that Alejandro Romeo's family is entitled to very substantial compensation for their loss.

Based on my review of the limited facts made available by news media, I suspect that the driver of the other car and the City of Coral Springs may be responsible for causing this accident.

According to a local resident named Kim Jachles, there have been at least two accidents at this same intersection in the last month. "At midnight, those [traffic] lights change to blinking yellow and blinking red [lights] and we've had two accidents there in the past month," Jachles told reporters.

If there is a defect in how the street lights operate or in the way the intersection is designed or maintained, the City may be held accountable for Romeo's death, especially since the City was aware that this intersection has many accidents.

Aside from the City, the driver of the other vehicle, Wayne McIntosh, 47, may also be held accountable for causing the accident. According to the news, McIntosh, was driving a Nissan truck southbound on Coral Ridge Drive when he collided with Maria Uribe's Honda Civic as she travelled westbound on Riverside Drive.

Maria Uribe, 52, is Alejandro Romeo's mother.

A preliminary investigation revealed that Maria Uribe had a flashing red light, whereas Wayne McIntosh had a flashing yellow light.

After colliding with Maria Uribe's Honda, Wayne McIntosh's truck continued southbound and crashed into a tree. However, the vehicle did not stop until it also crashed into a school building. The damage to the building was very extensive.(Photo Credit: Mike Stocker, Sun-Sentinel)

The dynamics of McIntosh's crash are very important because they reveal how fast he was going. Based on my experience as a lawyer, the facts of this case lead me to suspect that McIntosh was travelling at a VERY high rate of speed.

Think of it like this: It took a Honda Civic occupied by two people, a tree, and a building to bring McIntosh's vehicle to a stop.

Continue reading "Alejandro Romeo Killed in Car Crash in Coral Springs, Florida" »

Rebecca Hawk, 23, was killed in Tampa, Florida from carbon monoxide poisoning earlier this month. According to news reports, the carbon monoxide poisoning occurred when another resident in her apartment building left his car running for an extended period of time. It appears as though the fumes built up and silently killed her.

Aside from Rebecca Hawk, the carbon monoxide poisoned two other people, causing serious injuries to one and light headedness to the other.

As an injury attorney, my perspective is one of a legal nature. My job is to identify the people who are responsible for this terrible accident and hold them accountable.

To build a successful case against those responsible, an injury lawyer must bring together three main elements in every case. First, the injury attorney must be able to prove that a person or other entity has acted negligently. This can be done by proving they did something wrong or failed to do something right.

Second, an injury lawyer has to prove that the victim party sustained a quantifiable injury. Clearly, instances of death or serious bodily injury are the most quantifiable. Such injuries can include monetary losses for medical bills, lost wages, future earnings and lost financial support for dependents. A victim or his/her heirs may also collect for pain and suffering as well as punitive damges (in some cases).

Now, even if an injury lawyer can clearly prove that someone acted with negligence causing another to sustain quantifiable injury, the case will be worthless unless the offending party is collectible.

This leads me to the third element: collectibility.

In order to tie the whole case together, injury attorneys will look for insurance policies as well as assets.

Continue reading "Rebecca Hawk Killed by Carbon Monoxide in Tampa, Florida" »

John Lee Wilcox died in a Deerfield Beach, Florida car accident early Thursday morning. According to news reports, John Wilcox died after his car crashed into an Oldsmobile driven by another person. According to news reports, the crash was caused when a semitrailer driving in the opposite direction, on the other side of the highway, lost one of its dual rear tires.

Horrifically, the free tire bounced and rolled across the highway at high speed until it crossed into southbound traffic. This free tire collided with at least one vehicle and caused a chain reaction crash between two other vehicles, including John Lee Wilcox.

From my perspective as an injury lawyer, I can tell you this case is a textbook example of a freak accident - for the victims.

For the semitrailer, on the other hand, I bet the cause of the accident was not so freakish. Meaning, I am sure a thorough investigation conducted by police and injury lawyers will reveal something wrong with the tire in question.

Given my experience in analyzing causation as a trial attorney, I can tell you that this tire broke loose due to one, or a combination of the following:

- Negligent Installation
- Negligent Maintenance
- Negligent Manufacturing
- Defective Components

As I have mentioned countless times on this blog, an injury lawyer must develop three main components to build a winning case for his/her client.

Continue reading "John Lee Wilcox Killed in I-95 Crash in Deerfield Beach, Florida" »