Boating Accidents

Published on: October 6, 2017

Jet Ski Mishaps.

One of the many perks of South Florida’s great weather and over abundance of beaches is the access to all of the many water sports and activities, including jet skiing, all year-round. Although most jet skiing experiences go without incident, a few unfortunate accidents do occur, and sadly, can result in serious injuries.

Earlier this year, in May, at least three people were rushed to the hospital after a jet ski with two passengers crashed into a boat near Picnic Island. A few days later, there was another jet ski accident in Miami Gardens, in which one of the injured parties was a minor.

According to the United States Coast Guard, there were a total of 675 injuries involving a personal watercraft last year. A personal watercraft (PWC) is distinguished from other water vessels for being operated by sitting, standing, or kneeling on it. PWC laws and safety precautions attempt to prevent potential injuries to operators and others that may be in the water, by imposing age limits and speed limits, and requiring the use of life jackets and kill cords. However, despite these regulations, some accidents are inevitable. The most common PWC injuries include concussions, burns, broken bones, and whip lash. These usually occur as a result of collisions with other boats, through reckless driving, speeding, underage operation, driving under the influence, and loss of control. Other less common causes of PWC injuries are drowning, explosions, and defects.

Published on: October 24, 2016

Need a Lyft or an Uber?

by Friedland | Carmona

Uber and Lyft have increasingly become a streamlined part of everyday life for a majority of people looking for an inexpensive and convenient way to get around. Uber has over 15.6 million users a month in the United States and is a prominent transportation option for most of us who live in the Miami-Dade, Hollywood, Fort Lauderdale and other surrounding areas.Uber and Lyft are helpful and convenient but what happens when your ride doesn’t go as smoothly as planned? Both ridesharing companies employee the general public to use their own vehicles in conjunction with the Uber or Lyft platform to transport passengers and make a little extra money. Uber and Lyft operate a service that puts every customer in the car of someone they do not know. So, when there is a car accident and an Uber or Lyft customer is in the car during the accident what can they do?
Many people are surprised to hear that Uber and Lyft both provide additional insurance to their drivers. The companies require their drivers to carry specific insurance based on the type and frequency of services they plan to provide and based on the car they own. Additionally Uber provides $1 million of liability coverage per incident, $1 million of uninsured/underinsured insurance, comprehensive and collision insurance, no-fault coverage is provided in some states and coverage for bodily injury up to $50,000/individual/accident with a total of $100,000/accident and up to $25,000 for property damage.
It is very important to understand the urgency in reporting and filing your claim because there are limitations on how much time you have to take action before the opportunity expires. Contact the auto accident and personal injury attorneys at the Friedland | Carmona today to ensure you are properly cared for and potentially compensated for your accident.

Published on: October 12, 2016

Deadly Dressers

by Friedland | Carmona

Dressers leading to the death of small children sounds like a bad horror film. However, this unfortunate series of events has been a reality for at least three families so far. Sold in several small pieces requiring extensive instruction and a bit of time are the typical furnishings purchased from the Swedish company, IKEA.

IKEA is a leading furniture seller across the world and valued itself at over 11 billion dollars in 2012.¹ IKEA has been aware of the danger posed by the dressers and made a first attempt to remedy the defect by providing kits to every purchaser of the dressers with instructions to secure the dressers to the walls where they will stand. Unfortunately, this did not solve the problem and another infant death followed. After tragedy struck again IKEA made the decision to recall the dressers. The IKEA website describes the recall as follows.

The recall affects children’s chests and dressers taller than 23.5 inches and adult chests and dressers taller than 29.5 inches … manufactured and sold through June 2016 and include the 3-drawer, 4-drawer, 5-drawer and 6-drawer models. Other IKEA chests and dressers in this recall were sold at various times through June 2016.”

Published on: September 9, 2016

Advocating for Your Injured Child

by Friedland | Carmona

Sometimes a very unfortunate event affects those who cannot advocate for themselves because they are under the age of 18. If your child is injured on a playground, in a car accident, in a bicycle accident, at a store or in any way that results in a physical injury to your child and is someone else’s fault, you as their parent have the ability to bring a lawsuit on their behalf.

Children have the same access to remedies for harm to them as adults do and as their parents, you also have a right to recover medical expenses you incur while tending to the needs of your injured child.

Children have special rules in court. Some of these exceptions are:

Published on: August 27, 2016

Do I Still Have a Claim or Am I Out of Time?

by Friedland | Carmona

Someone rear ends you or hits you as your driving down the street. At the moment you don’t notice any pain or obvious injuries but as the weeks go on you notice discomfort in your neck, back, knees or other parts of your body. A common misconception among those injured in auto accidents in Miami is if they do not make the claim for injuries immediately after reporting the accident they are barred from recovery for injuries developed or intensifying in the future. Or you notice that the auto shop you took your car to for repairs did not adequately or completely make the fixes to your vehicle. These situations are common in the Miami- Dade, Coral Gables and all other surrounding areas in South Florida.

Every state has a statute of limitations that dictates how long a party has to bring a claim against those that injured them or breached the contract or duty owed to them. In Florida the statute of limitations includes but is not limited to the following:

Injury to Person	4 yrs. §95.11(3)(o)
Libel/Slander	2 yrs. §95.11(4)(g)
Fraud	4 yrs. §95.11(3)(j)
Injury to Personal Property	4 yrs. §95.11(3)(h)
Professional Malpractice	2 yrs.; Medical: 2-4 yrs. §95.11(4)(a) and (b)
Trespass	4 yrs. §95.11(3)(g)
Contracts	Written: 5 yrs. §95.11(2)(b), 1 yr. specific performance§95.11(5)(a)Oral: 4 yrs. §95.11(3)(k)
Judgments	20 yrs. domestic §95.11(1); 5 yrs. foreign judgment §95.11(2)(a)

From: http://statelaws.findlaw.com/florida-law/florida-civil-statute-of-limitations-laws.html

For a more complete list of the applicable statute of limitations in Florida see Florida Statute 95.11

Statutes of limitations involve many exceptions and cross reference with other applicable Florida laws. To assist in what can be a difficult area to understand and navigate the Experienced Personal Injury Lawyers at Friedland | Carmona are ready and eager to assist you immediately. Having a lawyer familiar with this area of law and experienced in handling all types of cases can make all the difference in the outcome of your claim.

The South Florida personal injury attorneys at the Friedland | Carmona handle all types of negligence, product liability, personal injury, negligent security, slip/trip and fall, and car accident cases throughout the state of Florida, including Boca Raton, Homestead, North Miami, South Miami, Miami Beach, Coral Gables, Pembroke Pines, Hialeah, Kendall, Aventura, Fort Lauderdale, and Palm Beach. The Friedland | Carmona handles all types of personal injury cases, including dog bites, wrongful death, defective products, medical malpractice, slip and falls, negligent and reckless drivers, and automobile and motorcycle accidents. Call the Miami personal injury attorneys today and let our family take care of your family.

Published on: August 21, 2016

Do I Need a Personal Injury Lawyer?

by Friedland | Carmona

Personal injury law is utilized when someone causes physical harm to another and the injured wants to be made whole or compensated for that injury. The experienced attorneys at Friedland | Carmona provide free consultations to those who believe they may have a case and are seeking more information on the options available to them. Examples of situations when people normally seek personal injury lawyers in Miami, Coral Gables, and the surrounding areas include but are not limited to:

Auto accidents,

Trip and falls/slip and fall: There are many dangerous conditions like torn carpeting, changes in flooring, poor lighting, narrow stairs, or a wet floor can cause someone to slip and be injured. Same goes if someone trips on a broken or cracked public sidewalks, or falls down a flight of stairs. In addition, a slip and fall case might arise when someone slips or falls outdoors because of rain, ice, snow or a hidden hazard, such as a pothole in the ground. In any event, the plaintiff must have sustained some kind of injury, however minor, in order to collect, http://injury.findlaw.com/torts-and-personal-injuries/slip-and-fall-accidents-overview.html

Published on: May 28, 2015

Memorial Day Weekend 2015 Local Casualties Recount

by Friedland | Carmona

Originated as “Decoration Day” in 1865, Memorial Day is an American holiday for remembering the people who perished while serving in the United States Armed Forces. While some follow these traditions, most take Memorial Day long weekend as a short vacation, full of partying and tons of alcohol, making being on the roads and in the waters a true hazard. The past Memorial Day weekend was no exception.

Last Saturday May 23, a boat slammed into a light tower off Miami’s coast, resulting in two 18 year old men injured. Both were taken to Kendall Regional Medical Center and it is still unclear of what caused the accident. “These two 18 year olds somehow did not see this light tower. I’m not sure if the marking lights were on, but the boat ended up going through the frame of the lighthouse and came to rest on the other side,” explained Captain Ignatius Carroll, with Miami Fire Rescue. Moreover, just a couple of hours later, a couple in a jet ski crashed into the Venetian Causeway Bridge in Miami Beach.

Published on: October 14, 2014

One Dead and Two Injured in Boating Accident

by Friedland | Carmona

A young woman is dead in Miami-Dade after a serious Columbus Day weekend Crash off of Biscayne Bay. The accident involved a large yacht, carrying 20 or more passengers, that struck a smaller boat which was carrying the deceased woman. The deadly crash comes not even 4 months since the multiple victim crash on July 4th that claimed the lives of four young people. Miami-Dade police as well as the Coast Guard, has focused intensely on education of boaters in the area, after one of the most deadly boating seasons in the history of Miami-Dade County.

In addition to the deceased, two more boaters were injured in the accident, and rushed to the hospital. Victims from the small boat were thrown into the water, and eventually rescued by boaters from the yacht. Coast Guard crews are still investigating the accident, and made statements indicating that Columbus Day weekend is one of the deadliest in the Miami-Dade area during the boating season. You can read more about the deadly crash here.

Like the accident here demonstrates, boating can be a dangerous pastime. If you or a loved one has been injured in a boating accident, come to a law firm with experience in the complex area of accident and personal injury law. The Friedland | Carmona will provide the experience, expertise, and ease of accessibility that any victim needs to get the compensation that they deserve for any type of accident. Call today!

Published on: July 8, 2014

Several Dead After Tragic Boating Accident Off Dinner Key Marina

by Friedland | Carmona

After the fireworks show of July 4th, a mad dash back to the boating slips of Dinner Key Marina turned deadly for 4 boaters. While travelling at high speeds with limited lighting, a 32-foot vessel driven by a young man slammed into another boat at high speed, causing the operator of the first vessel to be thrown overboard, and a young man on the second vessel to be killed instantly. The passengers of the first boat were also severely injured, with all but one losing their lives as well.

After being thrown overboard, the vessel was left without an operator, and spun out of control, hitting another boat carrying 9 passengers. Luckily, only 1 of the passengers of the third vessel sustained minor injuries. Shortly after, a member of a commercial salvage crew was able to get aboard the first vessel under control, but not before the death toll was already too high.

Investigators are still unsure as to the fault aspect of the case, but Florida Fish and Game did speak out, mentioning that people need to be more careful when the waters are busy. Responding officials say that the second that the fireworks stop, all the boats are trying to get back to the Marina first, to get their boat out as quickly as possible. That many boats in the dark moving very quickly is a recipe for disaster. Continue reading the story here.

If you or someone you know has been injured in a boating accident due to the negligence of another, legal action might be the only recourse. The personal injury attorneys at the Friedland | Carmona have extensive experience in all areas of personal injury law, including boating accidents and wrongful death suits. The Friedland | Carmona can get you the compensation you deserve, and help families through the healing process that accompanies injury and loss.

Published on: August 1, 2013

Dim Lighting May be Cause of Deadly NY Boat Crash

by Friedland | Carmona

Late Friday evening, a bride-to-be and a best man died in a horrible boat crash on the Hudson River. Four others, including the groom-to-be, suffered injuries when their boat crashed into a construction barge near the Tappan Zee Bridge. The couple was set to be married on August 10. Walter Kosik, the stepfather of the bride-to-be, Lindsey Stewart, said that the dim barge lights are to blame for this tragic accident. Kosik said he spoke to the groom-to-be, Brian Bond, who said all six people aboard the powerboat had their eyes on the water, yet none of them saw the barge’s dim lights.

Kosik told the Journal News that there needs to be a conversation about the lighting on the barges. He said, “You’ve got two anchor lights, one on each side of the barge. With the glare off the bridge, you can’t see it.” Kosik went on to say that “It’s just amazing that, the following day, [Gov. Andrew] Cuomo put lights on those barges, lighting it up like a Christmas tree 24 hours from when they got killed.” The New York State Thruway Authority continues to investigate the crash, but it has stated that it appears that the barge lighting was functioning normally at the time of the accident. Spokesman Dan Weiler stated that the extra lights were placed on the barge following the accident “to go above and beyond to try and prevent something like this from happening again.”

Bond informed Kosik that each person on the powerboat had about one alcoholic beverage before the crash occurred. The boat operator, Jojo John, had a few drinks, but Kosik said if John was that drunk, nobody would have gone out on the boat. John has since been charged with vehicular homicide in connection with Stewart’s death. No charges have been filed against John in connection with Lennon’s death.

Relative blames dim barge lights for NY boat crash, www.miamiherald.com July 31, 2013