Motor Vehicle Accidents

Published on: December 26, 2011

Miami Jury Awards $8.8 Million To Widow For Texting And Driving Death

Texting while driving kills. It’s been splashed across billboards for years now. Regardless, some drivers will never learn. And now, some will have to pay. A Miami Dade jury awarded $8.8 million to the family of a mother killed in an accident with a teenager driver who was believed to be texting at the time.

Myriam del Socorro Lopez was with her husband who was driving down Bird Road when seventeen-year-old Luis Cruz-Govin was speeding and weaving his way through the traffic. Govin crashed into Lopez’s vehicle, killing Lopez at the scene. Lopez’s husband suffered internal injuries and a large cut from his chest to his stomach from the impact. At the scene, Govin was given a $2,000 fine for speeding and reckless driving and his license was suspended for six months.

In trial, Lopez’s attorney presented evidence that Govin was driving up to 69 miles per hour in a 40 mile per hour speed zone. Govin’s phone records show a text was sent out at 8:19 p.m. Paramedics were called to the scene two minutes later. Additionally, marijuana, cocaine and a partially consumed bottle of cough syrup were discovered in Govin’s car.

Dr. David Strayer, a renowned texting and driving expert from the University of Utah who published Driven To Distraction testified at trial as to the effects of texting and driving. According to Lopez’s attorney, “drivers are eight times more likely to get involved in an accident while texting than when not.” Lopez’s attorney also stated that the jury’s $8.8 million award will “bring awareness to Florida of the problems that texting and driving have done and will continue to do. It has to stop. It’s a tragic situation that kills.”

Miami Dade jury awards $8.8 million to family of woman killed in crash, www.miamiherald.com December 20, 2011.

Published on: December 5, 2011

Hallendale Beach Man Dead, Woman Injured After Boat Crash

by Friedland | Carmona

A 25-foot Hydra Sports center console boat hit a seawall along South Ocena Drive just north of the Hallandale Bridge, killing a South Florida man. The boat crashed into the seawall so hard that it broke through the seawall and hit the seawall on the opposite side. Forty-one year old Aldo Antonio Rodriguez became trapped in the boat when it crashed into the seawall. A female passenger, Odalys Diaz, was thrown into the water upon impact.

Florida Fish and Wildlife Conservation Commission spokesman stated that when investigators arrived the boat had a foot of water above the deck and was quickly sinking. Investigators have not yet identified what caused the crash but believe that speed may have been a contributing factor.

Diaz was recovered from the water and sent to Memorial Regional Hospital where she remains in critical condition. A Good Samaritan who saw the accident unfold was able to stabilize the rising water in the boat so that emergency workers could get to Rodriguez. More than twenty emergency workers assisted and trying to get Rodriguez from the hull of the boat. The boat had to be cut away to get him out of the hull. Once he was free, he was also rushed to Memorial Regional Hospital where he later died from his injuries.

1 Killed, 1 Hurt In Hallandale Beach Boat Crash, www.cbsmiami.com November 28, 2011.

Published on: September 26, 2011

One Teen Dead, Another In Critical Condition After I-95 Crash In St. Lucie

by Friedland | Carmona

Every driver has the secret fear that they may someday happen upon a body lying in the road. For two drivers working their way northbound on Interstate 95 that fear materialized when they ran into a boy lying dead in the middle of the road. Sixteen-year-old David Benitez was a passenger in a Ford Expedition that veered into the median and rolled over multiple times before coming to rest. Benitez was ejected from the vehicle and landed in the northbound lane of I-95. Benitez was then struck by both a Chevy Cobalt and a Ford Mustang. He died south of Indrio Road.

Another passenger, fourteen-year-old Donia Otano, was also ejected from the Expedition. Unlike Benitez, she would up trapped under the Expedition. She was taken to St. Mary’s Medical Center in West Palm Beach where she remains in critical condition.

The driver of the Expedition, thirty-nine year old Midialia Rodriguez and two other passengers were sent to Lawnwood Regional Medical Center & Heart Institute, where they are all in serious condition. Rodriguez unexpectedly drove his vehicle into the median. Florida Highway Patrol has stated that alcohol was not a factor in the accident but the investigation is ongoing.

Teen thrown from SUV then hit by two cars in I-95 crash in St. Lucie, www.tcoasttalk.com September 26, 2011.

Published on: August 22, 2011

Coral Springs Teen Dead After Water Tube Crashes Into Canal Wall

by Friedland | Carmona

On Sunday, seventeen year-old Coral Springs resident Randolph Bieszcazk was inside a South Florida canal with two of his friends enjoying a day in the sun and on the boat. According to witnesses and the police, Bieszczak was riding on an inner tube that was being hauled by the boat when the tube hit the bank of the canal. The teen was unable to sustain the impact of the crash and died immediately in the canal.

Friends and family members are still in a state of shock, but are sure of one thing–alcohol was not a factor in the accident. “I’ve never seen him drunk, never seen him with any type of drugs. Always a good kid, always laughing, having fun,” stated Krysropher Malarski, as he described his friend. The police are still investigating what caused the tube to crash into the bank of the canal and have not yet filed any charges against the boat’s operator. In the meantime, Bieszczak’s family is preparing for his funeral.

Teen killed in boating accident, www.wsvn.com August 22, 2011.

Published on: August 1, 2011

Lehigh Acres Motorcyclist Dead After Collision With UPS Truck

by Friedland | Carmona

Gerardo Perez, Jr., a twenty-three year old motorcycle enthusiast, was killed in a fiery crash this Tuesday afternoon. Perez, Jr.’s motorcycle collided with a UPS truck near a loved one’s home. A loved one of Perez, Jr. witnessed the crash and was restrained by Lee County Sheriff’s Office deputies as she ran towards the deadly crash.

According to the Sheriff’s deputies, the UPS truck made a left turn from Gunnery Road to 4th Street SW. The driver claims he didn’t see any oncoming traffic but Perez Jr.’s motorcycle clipped the rear axle of the truck. Perez Jr. died instantly upon impact. “It was coming really strong and really fast and then all of a sudden I heard the boom and the explosion. The motorcycle was in flames,” stated neighbor Miguel Reyes.

Family members stated that Perez Jr. was out riding with his brother and another friend. The deputies are looking into whether speed was a contributing factor Perez, Jr., who worked at a local auto parts store, is remembered by family and friends as a hardworking man.

Lehigh Acres man killed in motorcycle accident, www.winknews.com July 26, 2011.

Published on: July 25, 2011

Port St. Lucie Widow Files Wrongful Death Suit Against Police Officer

by Friedland | Carmona

In June of last year, John Garcia was killed while riding his motorcycle in the early morning hours. John Holman failed to yield to Garcia as he was making a left hand turn and crashed his Jeep Wrangler into the sixty-three year old man’s motorcycle. Florida Highway Patrol cited Holman but the citation was dismissed when the police officer did not appear at the hearing. Holman is a Port St. Lucie police sergeant who was off-duty at the time of the accident. Holman’s son was riding with him at the time of the accident and neither sustained injuries. Garcia, however, died at the scene.

Garcia’s widow filed a wrongful death suit on behalf oh herself and Garcia’s son Derek. The wrongful death suit is seeking more than $1 million in damages. The suit also lists Holman’s wife as a defendant because she also owns the Jeep Wrangler. The Garcia family attorney, Guy Rubin, is considering asking the Florida Department of Law Enforcement to investigate how the Florida Highway Patrol Officer handed the investigation, questioning why Holman only received a failure to yield ticket when Garcia died as a result of vehicular homicide.

Port St. Lucie police sergeant sued for role in fatal 2010 crash, www.tcpalm.com July 21, 2011.

Published on: July 18, 2011

Miami Beach Woman Sues Clevelander Hotel For ATV Accident

by Friedland | Carmona

A South Florida woman and her friend were walking on the beach by the Clevelander Hotel when an ATV crashed into her. The ATV, driven by Erick Kuilan, an on-duty police officer, drove into Kitzie Nicanor and her friend Luis Almonte as they were working their way down the beach just before dawn. Nicanor suffered a traumatic brain injury because of the accident.

As a result of the accident, Nicanor has suffered memory loss, concentration problems, paralysis and speech difficulties. Her spleen was removed, she suffered a broken leg and is dealing with heart perforations. She remains in the hospital, and doctors say she will likely require years of rehabilitation.

Nicanor is suing Kuilan and the Clevelander Hotel. Her complaint alleges that the hotel regularly allows on-duty police officers into its clubs to consume alcohol. While the Miami Beach Police Department claims that officers are not allowed to drink while on-duty, Kuilan’s blood alcohol level was more than the legal limit in Florida when taken four hours after the accident. Kuilan, who has since been fired from the Miami Beach Police Department, has been charged with two counts of reckless driving resulting in bodily injury and two counts of driving under the influence.

Aunt: ATV crash a nightmare, www.miamiherald.com July 7, 2011.

Published on: May 23, 2011

Family Of Dead and Injured Broward Teens Seeking Millions From Yamaha

by Friedland | Carmona

Two teens that spent their Easter Sunday collecting eggs on Dr. Eugune’s Holly’s waterfront property are now dead. The teens, who falsely assured Holly they knew how to operate his Yahama Waverunner, collided with a boat less than five minutes after leaving Holly’s property. The teens, 14-year old Jaysell Perez and 15-year old Samantha Archer, were first crushed when they collided with the boat and then “sliced up in the instant following the impact.”

According to their attorney, the girls turned the Waverunner in front of boat because they couldn’t steer the machine. Archer took her hand off of the throttle to slow down for a turn and didn’t realize that once the throttle was released, she wouldn’t be able to steer. Instead of turning, the Waverunner went straight through the water and collided with the boat. According to warnings contained in Yahama’s 1986-2000 owner’s manuals, beginners often release the throttle when headed toward an “obstacle” and the manuals stated, “Don’t forget to accelerate.” However, the warning was removed from the 2001 owner’s manual. The girls were riding a 2001 Waverunner.

Perez died as a result of the accident and Archer sustained severe injures. Archer suffered a traumatic brain injury and also now suffers from a number of physical problems. The parents of the girls filed suits against Yahama claiming that the manufacturer ignored years of warnings about flaws in the steering system. Yahama finally fixed the steering problem in its 2003 Waverunners. Archer’s family is seeking nearly $7 million for her past and future medical expenses, while Perez’s parents are seeking millions for their pain and suffering. Perez and Archer, who are being represented by the same attorney, are also asking the jury to find that Yamaha showed a “reckless indifference to human life,” allowing them to recover several more millions in punitive damages. In his opening statement, Yahama’s attorney stated, “Sadly and regrettably, an underage, unlicensed, untrained and inexperienced young girl was out in an environment, a very congested waterway. That’s why the accident happened.” The trial is expected to continue over the next week.

Millions at stake in Palm Beach trial against Yamaha over teen’s death in 2005, www.sun-sentinel.com May 7, 2011.

Published on: May 2, 2011

$2.8 Million Awarded To Family Of Deceased Palm Coast Biker

by Friedland | Carmona

In May 2007, a twenty-three-year-old Palm Coast man was killed while riding his motorcycle down Clyde Morris Boulevard. Brian Heikkila died when a car struck his motorcycle as he made his way down the boulevard in Daytona Beach. According to the accident report and court documents, Heikkila was riding his bike near Halifax Health Medical Center when Michael Hemphill failed to yield the right of way and his Ford Mustang crashed into Heikkila’s motorcycle. Heikkila died from injuries related to the accident. Heikkila left behind a young daughter, Ryleigh.

Heikkila’s family filed a negligence suit against Hemphill and sought damages for pain, suffering and mental anguish. This week a jury awarded Ryleigh $1 million for damages for the loss of her father. The jury also awarded Heikkila’s parents $500,000 each and $798,000 for economic damages, including $4,200 for funeral expenses. The total award was $2.8 million. The family expressed their satisfaction with the award through their attorney, but stated that no amount of money will bring their loved one back. The family attorney also stated that the jury awarded double the amount request for Ryleigh.

Jury awards $2.8 million to biker’s family , www.news-journalonline.com March 30, 2011.

Published on: April 4, 2011

Two Dead, One In Critical Condition After South Florida Truck Accident

by Friedland | Carmona

On March 29th, three women were traveling down Southern Boulevard when their Toyota Camry struck a tractor-trailer. The tractor-trailer was loaded with thousands of pounds of lettuce when it came into contact with the car. Two of the women, both eighteen years old, died and the other passenger was sent to the hospital where she is recovering from serious injuries.

The crash occurred when the car struck the rear of the trailer, which caused it to roll. The car was crushed with the passengers inside. The truck driver continued on and was pulled over hours later, unaware of the accident that had occurred. According to Florida Highway Patrol, the damage to the truck matches up with the damage the car sustained.

Two South Florida Teenagers killed in Truck Accident, www.miamiherald.com March 31, 2011.