In Florida, auto crash claims are handled a little differently than in other states. Here, we use a no-fault system when filing insurance claims. With minor collisions, your no-fault personal injury protection (PIP) insurance will cover your damages, regardless of who caused the crash. But what do you do if you sustain serious injuries? When […]
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It’s not always possible to bring a personal injury claim for every injury, and not every injury you suffer will enable you to file a successful personal injury claim. The two major benchmarks that can help you understand how to tell it’s time to bring a personal injury claim are detailed below. Did You Suffer […]
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Car accidents are scary, confusing, and chaotic. When you’ve been in a serious accident, it can be difficult to adjust without some guidance. Fortunately, our firm is ready to help. At Lavent Law, we understand how difficult it can be to recover. If you are struggling with your case, follow these five tips to help […]
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No matter what you do, dangerous drivers are out there. You’ve seen them—speeding through yellow lights, weaving between cars, tailgating, and engaging in countless other reckless driving behaviors. You can’t avoid all the dangers on the road, but driving defensively can help keep you from being seriously injured in a wreck. What Are the Top […]
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Lavent Law is pleased to announce that our very own Boris Lavent has been invited to join the National Trial Lawyers Top 40 Under 40! This is a highly prestigious honor that recognizes leadership in the legal profession and success in the courtroom. Recipients are nominated by their peers for their stellar reputation, ethical conduct, and dedication to justice. Boris ...
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A Pompano Beach family is still hoping they will see justice done a week after a seventeen-year-old was mowed down on a local street by a hit-and-run driver. The teen, who suffered severe injuries including crushed ribs, a crushed pelvis, and traumatic head injuries, remains in the hospital after spending time in an intensive care unit. A $3,000 reward has ...
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Millennials are often characterized as tech-savvy multitaskers who want instant gratification. Those traits translate directly to their driving—in a bad way—according to a new AAA study. They are the top offenders of all age groups in texting, running red lights, and speeding when behind the wheel. Eighty-eight percent of the 2,511 licensed drivers surveyed admitted to doing these bad ...
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A recent major car wreck involving six vehicles put eight people in the hospital and left one driver dead at the scene. The crash, which was reported around 6:30 p.m. on the night of February 16, happened on Northwest 37th Avenue near the intersection with Northwest 194th Street. News coverage from the scene the morning after showed that in addition ...
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The mega dirt-bike and ATV highway joyride “Wheels Up, Guns Down” is celebrated to bring fractious communities together, but the event tragically claimed lives again this year. Video footage shows these MLK-weekend riders seemingly overjoyed, popping wheelies and weaving through traffic in Miami Dade and Hialeah Counties, causing a wild spectacle and chaos on the roads. A Weekend of Many ...
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A Slate report in 2013 judged Miami to have the worst drivers in the nation. More recent national statistics for pedestrians said that Miami-Dade was the nation’s fifth most dangerous metropolis with fatalities at a ten-year high.
Miami-Dade also ranked number seven for traffic congestion, making commuting frustrating as well as hazardous. Red-light running is a huge problem, with American Traffic Solutions singling the county out in online accident videos. So, how to avoid being a victim? You can start by being extra vigilant at the following highly dangerous corners and intersections:
Alton Road has been historically plagued by flooding and has been subject to various improvement projects over the years. Dade’s latest project was to raise up the roadway to be in line with other roads. Where the two streets meet, the wide, hectic crossroad is prone to accidents and heavy traffic that can back all the way up into South Beach and the Julia Tuttle Causeway. Careless pedestrians can add to the chaos.
At this corner, 36th Street widens to six lanes of traffic and NW 87th to eight. Maybe we can just stop there as you can imagine trying to gauge the intentions of that many drivers all at once. These Doral roadways can be jam-packed from morning to night.
This Brickell drawbridge road is at the mercy of passing boats, which can halt traffic for about twenty minutes so that they can pass through on their pleasure cruise—even in the middle of rush hour. This stretch also links to I-95, causing many vehicles to make last minute moves to get onto the highway. Incidentally, the Florida stretch of I-95 was ranked the most dangerous road in America in 2010, so take care there as well.
This intersection was labeled the most dangerous in Miami-Dade due to its high number of accidents and how catastrophic they were. NE Sixth Street is also a feeder for I-95, and American Airlines Arena brings crushing traffic during Heat games and other stadium events. Tourists and other visitors add to the crowding of these well-used roads.
A 2001 Allstate study ranked this intersection as the nation’s most dangerous. Within five years, one hundred pedestrians have died here. Safety measures such as red-light cameras and steep fines have improved things somewhat, but drivers still need to be extra cautious. With six lanes for Flamingo and eight for Pines (including turn lanes), chaos is a given and stress levels run high.
Lavent Law has extensive experience in personal injury traffic accident cases. Boris Lavent puts his knowledge of the South Florida legal system and insurance industries to work to seek maximum compensation for the injuries and damages suffered by accident victims. Contact our office to schedule a free, no-pressure case evaluation by calling 305-440-0450 or by completing the form below.
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The mega dirt-bike and ATV highway joyride “Wheels Up, Guns Down” is celebrated to bring fractious communities together, but the event tragically claimed lives again this year. Video footage shows these MLK-weekend riders seemingly overjoyed, popping wheelies and weaving through traffic in Miami Dade and Hialeah Counties, causing a wild spectacle and chaos on the roads.
Many riders forgo helmets and get airborne on their back wheels, courting danger and sometimes finding it. In 2016, one rider’s accident had him flying fifty feet and miraculously surviving to take selfies of himself with rescue workers. This year, two men tragically lost their lives and many others were injured. A twenty-year-old ATV rider was doing tricks when he crashed on the Palmetto Expressway in Hialeah. Another man, age twenty-five, was riding a borrowed dirt bike near Fort Lauderdale, crashed, and did not survive cardiac arrest in his own terrible crash.
Other incidents included a car and four dirt bikes that ran afoul of each other, as did another car and a motorcycle. This all highlights the danger of both stunt-riding on four-wheel vehicles and taking unauthorized vehicles on major roadways. The “Bikes Up, Guns Down” movement is said to have begun in Baltimore, and the Florida ride’s name is supposed to be shorthand for the Maryland city’s riding culture and “Pick Up a Bike, Put Down a Gun” motto.
So what happens if a ride meant to be a celebration and a peaceful protest gets hairy for other drivers and law enforcement? While the sentiment of the riders for attending is good, the risky behaviors could be characterized under the law as reckless riding and driving. Police have the challenge of keeping the peace, but one officer suggested that they did not want to make the roads more unsafe by giving chase in an already chaotic environment.
There was a concerted effort this year before the event, however, with police statements meant to try to discourage dangerous showboating. Another official said that while they may not be in hot pursuit via car, the police choppers could outpace anyone who failed to stop when ordered. The official said that Broward County citations ranged from $116 to $1,165 for doing wheelies or driving recklessly. Also, ATVs and dirt bikes are not supposed to be on major highways, and their riders can be penalized accordingly. Drivers on four-wheelers without helmets can also be ticketed.
If you encounter a joy rider or other reckless person behind a wheel—or on a bike—and he or she causes you to crash, damage your vehicle, or get injured, you can seek damages through a personal injury lawsuit if your damages meet the required minimum criteria. A skilled attorney can build a case to get you the largest settlement available under Florida law.
If someone thought that he or she was in control while cutting loose and you were the victim, it’s time to look into getting your expenses, injuries, and trouble covered. Call Lavent Law to find out why Florida drivers choose us for their reckless driving and highway cases. To schedule a free, no-obligation consultation, call us at 305-440-0450 or complete the form on this page.
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The term medical malpractice can evoke images of sketchy doctors and poorly run clinics. But hospitals and doctors are not the only sources of these cases. Millions of people put their lives into the hands of pharmacists every day. These healthcare professionals are tasked with dosing potentially fatal medicines and in some cases, producing them. Carelessness and willful neglect on the part of a pharmacist can easily destroy lives.
The owner and head pharmacist of a Massachusetts compounding pharmacy, NECC, is facing twenty-five counts of second-degree murder due to the alleged dangerous practices of his business. His facility is widely blamed for creating contaminated injectable steroids (preservative-free methylprednisolone acetate) in 2012 that are believed to have sickened 751 people across twenty states and caused sixty-one deaths from fungal meningitis and other diseases.
That meningitis outbreak was the largest recorded in US history. The Centers for Disease Control and Prevention (CDC) writes that this type of meningitis does not to pass from person to person, but rather from things like the spinal injections that the affected patients received. The pharmacist’s other charges include conspiracy, racketeering, and aiding and abetting mail fraud. Jury selection for his medical malpractice case began last week.
A second pharmacist, a supervisor, is also due to stand trial on similar charges. He apparently found his situation so serious that he took it on the lam in 2014 and was apprehended in an airport while trying to escape on a flight to Hong Kong.
Some of the causes of the contamination in this case were said to have come from producing medicine using expired or expiring ingredients in substandard conditions and failing to clean the facility and sterilize things properly—with multiple staff members falsifying sterilization records and lying about it.
Some of the vials containing the steroid had visible filaments, indicating contamination, as did sterilization equipment with “greenish-yellow residue,” according to The New York Times. The Food & Drug Administration (FDA) said NECC put the health of the public at risk because of “serious deficiencies and significant violations of pharmacy law and regulations.”
One report says that while compounding pharmacies are meant to create individualized prescriptions, this one had turned itself into a major drug supplier to big names like Mayo Clinic and Harvard Medical School. A large-scale operation would have been subject to tight regulation.
The accused pharmacist’s defense lawyer said that his client did acknowledge that the steroids were tainted. However, he also said, “No one has a good understanding of the source of the contamination . . .” and that his client “. . . feels horrible about the consequences of this.”
The business filed for Chapter 11 bankruptcy in 2013 and a year later set up a $100 million fund for victims. NECC also tried to spread blame to their cleaning company in a report to the Securities and Exchange Commission, but the cleaning company said that the filing was without merit and that they were only hired to clean once a month.
Cavalier attitudes about rules that were put into place to protect the public can easily result in death, injury, and tragedy. Lavent Law has substantial experience in medical malpractice cases and personal injury law. We help our clients work through the aftermath of someone else’s wrongdoing, be it willful or accidental. In many cases, it’s possible to seek financial compensation.
If this has happened to you, please contact us for a free consultation to discuss any concerns you have about your treatment from a medical provider or any other person or business that has caused you harm. To get started, simply call 305-440-0450 or enter the form below.
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A horrific crash on Thanksgiving Day that killed a father and his daughter and put a mother in the hospital in critical condition may have been the result of a street race gone bad. Police are still investigating the November 24 crash, which happened on NW North River Drive in Miami. A fourth individual, the driver of the second car involved in the crash, escaped serious injury.
Business surveillance video located after the crash shows the two cars speeding down the street at a speed estimated to be between 50 and 60 mph. When the cars first show up on camera, they are already sliding out of control, and some interpretations of the video suggest that the cars might have made contact earlier and somehow become stuck together.
At the least, it appears that one car struck the other, and both of them lost control. On the videos, they’re seen crossing both lanes of the street and crashing into a metal fence. At that point, at least one of the cars burst into flames in an explosion one witness described as like a bomb going off.
Based on witness accounts and video, police suspect that the drivers were street racing. The driver of one of the cars and his two-year-old daughter died at the scene, either from the impact or the fire that followed. The mother of the two-year-old was taken to the hospital with serious injuries, including burns. The driver of the second car was pulled free by a bystander at the scene and was not harmed.
If it turns out that this crash was caused by street racing, it will be yet another preventable tragedy that happened because of bad decisions and careless actions. Hard statistics are difficult to come by, but we know that there are many incidents of injury and death that wouldn’t happen if it weren’t for drivers behaving recklessly.
By some estimates, street racing kills around 130 people every year. But speeding of one kind or another is a huge problem, one that is responsible for around 30 percent of all fatal crashes in the United States. That adds up to around 10,000 deaths annually. In some places, racing is nearly an epidemic.
It might not have reached quite that level in Florida, but racing—and street racing crashes—occur regularly enough that sometimes it’s newsworthy when a crash isn’t the result of racing. The Thanksgiving fatalities in Miami are far from the first ones in our state this year. In September, racing led to a fatal crash in Delray Beach and was suspected to be behind another fatal crash in Pensacola.
Miami Car Accident Lawyer
The victims of all accidents need protection after the fact. Their medical bills and other expenses need to be paid for, and frequently the only way to do this is to sue those who caused the crash for financial and other damages. At Lavent Law, we have years of experience helping the victims of auto accidents receive the compensation they’re entitled to. Our attorneys understand automobile accident law, and we’ll put that knowledge to work for you.
Call us today at 305-440-0450, or contact us through the form below to schedule a free consultation to discuss your case and determine what your next steps might be.
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Our home appliances do a lot of things. Without them, we’d have a much harder time brewing coffee, heating up leftovers, washing the dishes, and doing the laundry. We rely on our coffee makers, microwave ovens, dishwashers, washing machines, clothes dryers, and many other devices to make each day better and more productive.
With all the things appliances do for us, one thing they’re not supposed to do is explode while we’re using them. Unfortunately, if you own one of nearly three dozen models of Samsung top-loading washing machines, you might face exactly that risk. There have been more than 700 reports of problems with these machines, with the most severe ending in the machine self-destructing and causing injury to a user. The company has now issued a recall order affecting approximately 2.8 million machines.
The US Consumer Product Safety Commission (CPSC), the agency which tracks problems with consumer products and coordinates recalls with manufacturers, has received at least 733 reports of these Samsung machines experiencing excessive vibration. Nine of those reports include injuries that resulted when a machine shook itself loose, fell over, or—in the most dramatic cases—exploded from the problem vibrations. The most severe injury reported to date was a broken jaw, and at least one person was injured in a fire blamed on one of the Samsung machines.
Trouble with this product line has been on the CPSC’s radar for at least several months. One of the more dramatic failures took place in April when a Georgia woman and her four-year-old son barely escaped injury when their washer exploded during the final spin cycle. Another woman was not so lucky and was injured when the lid of an exploding machine struck her in the back.
In September, Samsung and the CPSC issued a preliminary warning while the problem was under investigation. At that time, users of the machines were cautioned to use only the delicate cycle when spinning heavy items to reduce the risk of harm. That might have been prudent advice at the time, but when a consumer buys a product, they expect to be able to use it as advertised and to be able to make use of all its features. Asking these owners to restrict the way that they use the device, while necessary for safety, in effect serves as proof that the product is defective and can’t be used as intended.
This situation is not as extreme, but it’s effectively the same as a car manufacturer telling its customers that they can’t drive down hills because the brakes aren’t strong enough, or a refrigerator maker telling those who buy its product that they can’t use the freezer compartment to store ice cream because it doesn’t stay cold enough.
If you own a Samsung washing machine you can learn if your item is included in the recall by checking the model and serial number on the Samsung website.
The recall, which covers thirty-four models sold between March 2011 and November 2016, offers owners of the defective machines three remedies. For the first option, consumers can contact Samsung to receive a free in-home repair kit to reinforce the washer’s top. That option includes a one-year extension to the machine’s warranty.
The second remedy offers owners a rebate toward a new washing machine, even if it’s not made by Samsung, and will include free installation as well as removal of the old machine.
The third remedy is only available to those who purchased their washing machine within thirty days of the recall announcement: Those consumers will receive a full refund.
Not all owners of these machines will take Samsung up on their repair or replacement offer, especially those consumers who were already injured. When consumers are harmed because of a defective product, they have the right to recover damages from the manufacturer of that product. This is true when the harm is personal, such as an injury due to being struck by an exploding washer part, or when the harm comes in the form of property damage, as in the case of the machine that started a house fire.
At Lavent Law, PA, we have experience helping clients navigate their product liability claims through the turbulent waters of the legal system. If you need help building your case and moving it forward, give us a call to find out how we can help. The consultation is free, and you owe us nothing unless your case reaches a successful settlement. Call us today at 305-440-0450 or complete the contact form on this page to schedule an appointment.
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Two police officers were tragically hurt in separate hit-and-run car accidents last month. Both were outside of their vehicles when a driver hit them and then sped off. Hit-and-run accidents are always tragic, but in this case, the officers were injured in the line of duty while trying to help others.
In Polk County, south of Orlando, a thirty-three-year-old woman called for help after driving off the road and hitting a tree. She was waiting for an officer to arrive while standing in the grass median off highway SR 60. When Deputy Sheriff Adam Pennell arrived, he got out of his cruiser to assist her after calling emergency medical services. Suddenly, another vehicle heading westbound drove onto the median and hit them both.
The woman, Jessica Enchautegui-Otero, was killed and the officer sustained significant injuries. Instead of stopping, the driver sped off with no regard for the well-being of the victims.
The story in Michigan was just as tragic, and a Detroit police officer was struck down during a traffic investigation late at night on a Friday. The forty-year-old officer, Myron Jarrett, was hit by a Dodge truck that was traveling at a high speed. Although he was quickly transported to the hospital, the trip was not quick enough to prevent his death because of the serious nature of his injuries.
In this case, the driver, Steven Patrick Guzina, was caught and arrested and will be standing trial for the murder of officer Jarrett. Unfortunately, this doesn’t always happen in hit-and-run accidents.
Many drivers speed off because they are drunk or high and have no idea what happened, while others drive off to avoid arrest. It is rare for a driver to come forward and admit guilt later on, leaving many accident victims to pick up the pieces without the much-needed closure or compensation.
Certain things can help track down drivers at fault for a hit-and-run. Eyewitness testimony can be incredibly helpful because they may have seen the make, model, and even partial plate number of the vehicle. This is typically all the police need to track down the driver.
The biggest challenge is when no one saw the vehicle or can provide an accurate description of it. However, sometimes traffic cameras capture enough footage so that an officer can locate the vehicle. Paint scrapes on your vehicle may also help to identify the guilty driver. Finally, putting out a call for help on social media can also be useful since you never know who may have seen something but not realized what they saw or didn’t think to report it.
Once the driver of a hit-and-run has been identified, you can file a civil lawsuit against them. It is within your best interests to do so because a civil lawsuit is your only way to receive compensation to pay for injuries you sustained in the wreck if the total cost of damages exceeds your personal injury protection (PIP) insurance.
Also, if someone you love was killed in a hit-and-run, you could pursue financial compensation by filing a wrongful death lawsuit. In both cases, you can seek compensation for things like lost wages and medical bills.
If you or a family member has been the victim of a hit-and-run, you may not know where to start. To have your questions answered, call Lavent Law, PA at 305-440-0450 or use the contact form below to schedule a free, no-obligation consultation.
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Car accidents remain one of the leading causes of accidental death in America. Sadly, accidents caused by drunk drivers not only make up a significant portion of these, but are also some of the most overwhelming because of how completely unnecessary and avoidable they are.
Just a few weeks ago, a young couple coming home from a date night were critically injured when a drunk driver ran a red light and T-boned them. The unfortunate young woman driving the couple’s vehicle soon died in the hospital as her boyfriend survived but remained struggling for life in critical condition with a broken back.
As already mentioned, the thirty-eight-year-old driver that caused this Pinellas Park car crash was driving drunk—and not for the first time. Now facing a charge of DUI manslaughter, this repeat offender may finally be off the streets for a while.
However, he’s far from the only drunk driver on our roads and highways. There were 685 Florida traffic fatalities involving drunk drivers in 2014, which accounted for 27.5 percent of all traffic deaths in the state. It’s clear that drunk driving is a serious—and dangerous—problem.
The statistics show that during the summer months, the frequency of drunk driving crashes increases, and the number of fatal car accidents increases along with them. In part, this is due to the elevated number of vacationing drivers, but also because more people are drinking and driving during this time. Students, out of school for the summer and inexperienced at both drinking and driving, often think they can handle both together, which also adds to the overall number of crashes, fatal and otherwise.
Because drunk drivers have impaired reaction times, they tend to be slower to apply their brakes and react to traffic and road conditions too late, thereby causing more accidents. What many people don’t realize is that because of these delayed responses, these impacts also tend to cause more severe damages, injuries, and even fatalities.
Drunk drivers are responsible for any injuries and damages they cause, whether simple property damage or someone’s death. If a drunk driver’s negligence critically injures or kills your family member, it leaves you dealing with one of the deepest injuries possible, both emotionally and financially. Your family may struggle to maintain its standard of living, while everything you and your loved one worked toward is put at risk due to the poor judgment of a drunk driver.
Finding your way through the legal and procedural hurdles insurance companies and opposing attorneys will place before you is hard enough without having to simultaneously process the wrongful death of a family member. The legal system can be challenging, and no victim should be expected to deal with all of this alone.
If you have been hurt or your loved one has been killed in a DUI accident, please let an experienced associate from Lavent Law, PA help you find your way through the legal system and to a successful conclusion for your case. Call us today at 305-440-0450 or complete the form below to arrange your free case evaluation.
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The new augmented reality game “Pokémon Go” has received tremendous attention. The digital monster-catching game broke all download records at Apple’s App Store: by some estimates, 75 million users now have it.
Concerns over the potential risks to players of the game—and to those around them—followed immediately on the heels of its release. There were worries about players walking into objects or people, stepping in front of moving cars, and trespassing. All of these things have happened, as has the greatest worry expressed over the game: people contributing to distracted driving crashes by playing “Pokémon Go” behind the wheel.
The “Pokémon Go” craze has been sweeping the country, and it’s difficult not to have noticed: A survey performed only twelve days after the game’s release found that 83 percent of Americans had seen something about the game in the news, while a surprising 93 percent had at least heard the name.
Those are phenomenal numbers, especially considering that the game, in which players use their smartphone cameras to view a version of the world with digital game components added, was only just released on July 6. Awareness isn’t necessarily knowledge, though. Only 16 percent of those surveyed claimed “a good deal of knowledge” about the game, while slightly more (18 percent) incorrectly identified the Incan city of Machu Picchu with the Pokémon character Pikachu.
To give these numbers some context, a political poll done around the same time found that only 59 percent of American voters had heard of 2016 Libertarian presidential candidate Gary Johnson. Johnson also ran in 2012 and served two terms as Governor of New Mexico beginning in 1995—the same year the original Pokémon game was created.
The majority of the game’s players have caused no problems. We’ve seen a few reports of trouble in Florida, but so far most incidents have been minor. In Bradenton, a large group of players was trespassing in a city park after hours, but most left when asked by police. One man, however, allegedly refused, scuffled with police, and was eventually subdued using a Taser.
In some cases, Florida “Pokémon Go” players have been the victims, as when a nervous Palm Coast home owner shot at two players after confronting them in the street outside his home, fearing they were planning or had just committed a burglary. The only things they were trying to collect were Pokémon, however. Other parts of the country have experienced similar incidents, where players have been mistaken for criminals or even targeted by them.
The greatest fear, however, is over car crashes. We haven’t heard of any in Florida . . . yet. But one distracted driver who was playing “Pokémon Go” crashed into a tree in New York. Two more did the same in Wisconsin. A driver in Vermont walked away from a single-vehicle crash, while a Washington man had the dubious honor of causing the first multiple-vehicle crash; fortunately, no one was injured.
That was also true in Baltimore when a player crashed into a parked police car. That incident was caught on video, and should scare anyone who watches it because the outcome could have been far worse.
Distracted driving is a major factor in auto accidents today, accounting for nearly 40,000 injuries and over 200 deaths in Florida last year. Miami-Dade had the unhappy distinction of leading the state in fatalities. That’s not something any of us were happy to see, and the chance that an app like “Pokémon Go” might push those numbers higher isn’t something to look forward to.
If you find yourself the victim of a distracted driving crash, whatever the cause, get in touch with Lavent Law to find out what we can do to help. We understand the law as it relates to distracted drivers, and we offer a free consultation. Call us at 305-440-0450 or contact us online today to discuss your case.
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