Tuesday, February 28, 2017

Six-Car Crash Kills One in Miami Gardens

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 ...

The post Six-Car Crash Kills One in Miami Gardens appeared first on Lavent Law.

Monday, February 20, 2017

Reckless ATV and Dirt Bike Riders Threaten Safety

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 ...

The post Reckless ATV and Dirt Bike Riders Threaten Safety appeared first on Lavent Law.

Thursday, February 16, 2017

The Five Most Dangerous Intersections in the Miami-Dade Area

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:

 

Dade Boulevard and Alton Road: South Beach

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.

 

36th Street and NW 87th: Doral

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.

 

The Brickell Avenue Bridge: Brickell

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.

 

NE First Avenue and NE Sixth Street: Miami

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.

 

Pines Boulevard and South Flamingo Road: Pembroke Pines

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.

 

Miami-Dade Car Accident Lawyer

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.

The post The Five Most Dangerous Intersections in the Miami-Dade Area appeared first on Attorney Boris Lavent.

Thursday, January 26, 2017

Reckless ATV and Dirt Bike Riders Threaten Safety

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 Accidents

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.

 

Good Intentions, but Dangerous to Other Motorists

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.

 

Help from a Miami Personal Injury Attorney

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.

The post Reckless ATV and Dirt Bike Riders Threaten Safety appeared first on Attorney Boris Lavent.

Monday, January 16, 2017

Fatal Pharmacy Medical Malpractice Case Goes to Trial

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.

 

2012 Fungal Meningitis Case Heading to Trial

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.

 

Poor Practices at Fault

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.

 

Bankruptcy and Attempted Blame

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.

 

Miami Medical Malpractice Attorney

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.

The post Fatal Pharmacy Medical Malpractice Case Goes to Trial appeared first on Attorney Boris Lavent.

Monday, January 2, 2017

Accident Totals Quadriplegic Woman’s Van Beyond Insurance Payout

A Florida woman who relied on a customized minivan to help her drive despite her quadriplegia is seeking help replacing the vehicle that was deemed irreparable after she was rear-ended at an intersection. Although insurance offered her $25,000, that total falls two-thirds short of what she needs to replace her specially modified model, which allows her to board with a wheelchair ramp and operate the vehicle with special hand controls and an onboard computer.
A gofundme page has been set up to try to make up the difference, and it lists that the insurance compensation was based on the age and mileage of her van and obviously does not take into account the replacement value of a specialized vehicle. Nor have they factored in how her quality of life has been radically altered. According to the driver’s friend, being able to drive is central to the woman’s ability to be self-reliant, and her vehicle was totaled at no fault of her own.

Florida’s No-Fault Insurance Laws

Which brings us to Florida insurance laws and the concept of no-fault car insurance, also known as personal injury protection (PIP). Florida ascribes to this type of auto insurance along with twelve other states. The concept was meant to speed the medical insurance compensation process by taking out the often lengthy and contentious step of proving who is responsible for an accident. It has a person’s own insurance pay for any injuries up to the limits of their policy.
In Florida, PIP coverage is mandatory, and the minimum allowable PIP coverage is $10,000, which takes care of medical bills up to the policy limits. After that, any additional compensation would need to be sought from the at-fault party through a personal injury lawsuit. With PIP, in order to seek additional damages or sue the other party for your medical costs, there are some restrictive conditions that can make navigating the process more tricky than in other states, such as proving that you were severely injured or disfigured.
Also mandatory is at least $10,000 in property damage liability (PDL). This insurance is there to cover someone else’s property, such as their vehicle or real estate when you are at fault for an accident. So in these cases, fault will need to be proven.

Get More with Help from a Miami Car Crash Attorney

The above story is referenced as an example of someone suffering more financial hardship after an accident than insurance is willing to pay. Whether things could’ve been handled differently is unknown, as limited details of the case are given. All too often, however, insurance companies offer settlements that are inadequate. Many people don’t realize that just because an insurance company makes an offer, you don’t have to accept it.
Lavent Law is a Miami-based law firm with experience in car accidents and personal injury law. We know all the ins and outs of Florida insurance laws and how to get our clients the settlements and payouts that they deserve, whether it be complications with PIP cases or proving fault to get you the most property damage compensation. We work on a contingency basis, which means that you don’t need to pay us unless your case is won. You can call now to arrange a free, no-pressure consultation at 305-440-0450 or reach us through the contact form below.
The post Accident Totals Quadriplegic Woman’s Van Beyond Insurance Payout appeared first on Attorney Boris Lavent.

Monday, December 26, 2016

Broward County Sheriff’s Department Helps Victim of Hit-and-Run Bicycle Accident

It’s not every day that accidents have a happy ending, but in the case of Collette Nichols, one did. Working at a casino to make ends meet, she was riding her bicycle home one night when she was struck from behind by a vehicle.
Due to the size difference between a car and a bike, the cyclist generally doesn’t fare well. In some cases, this type of accident can even lead to paralysis and death. In Collette’s case, she has been in pain but will recover.

A Long, Expensive Recovery

For three months, Collette was in terrible pain after suffering from neck, head, and leg injuries. Wearing a neck brace and taking it easy, she still needed to go back to work. Unfortunately, the casino wouldn’t let her come back without first visiting a doctor for a CAT scan and a note to clear her for return to duty.
As someone unable to work, she simply didn’t have the $275 needed to pay for the CAT scan.

The Sheriff’s Department Comes Through

The Broward County Sheriff’s Department had investigated Collette’s hit-and-run and was aware of her situation. That’s when the Broward Sheriff’s Office Victim Services Unit stepped in.
To ensure that Collette could return to work, they paid her doctor’s bill. While it is going to take time for her to fully recover, they also wanted to enable her to have transportation again. The Sheriff’s Department bought her a brand-new bike and helmet so that she can continue to bike to work once she has recovered enough to do so.
The Sheriff’s Department really stepped in to help Collette when she needed it. At Lavent Law, PA, this is the same type of advocacy that we provide to clients who have been injured in an accident. The difference is that we provide help through the legal system and work to recover full settlements for accident victims.

Your Options After a Hit-and-Run

If you or someone you know has been injured in a hit-and-run accident, you have an uphill battle to face. Like Collette, you will probably be injured, in pain, and facing mounting medical bills. The challenge lies in knowing who to sue when the other driver fled the scene.
The police can be a strong advocate and resource, working to help identify and locate the other driver. Sometimes there are witnesses, traffic cameras, and other forms of evidence available to aid the police in locating the at-fault driver. If found, you then have the option to file a personal injury lawsuit seeking compensation for your injuries and property damage.
Fortunately, in Florida, drivers are required to carry personal injury protection (PIP) insurance. This is a good thing, because it means that if you are hurt in a hit-and-run, you can recover financial damages through your own insurance policy. How much you are awarded will depend on your particular policy, but having an attorney represent you can help you get the most compensation possible for your injuries, regardless of the situation.

Help from a Miami Bicycle and Hit-and-Run Accident Attorney

If you’ve been hurt in a bicycle or car accident, you deserve a settlement that covers all of your injuries and expenses. Get the help you need by working with Lavent Law, PA. We seek compensation for the injured and will aggressively pursue the settlement you need to enable your recovery. Give us a call at 305-440-0450 or reach us through the contact form below.
The post Broward County Sheriff’s Department Helps Victim of Hit-and-Run Bicycle Accident appeared first on Attorney Boris Lavent.