Miami Injury Lawyer Blawg

As a Miami Bicycle Accident Lawyer, I can tell you that Florida and South Florida rank at or near the top nationally for both pedestrian and bicycle fatality rates.

Just in recent weeks, motorists have killed a man waiting at a bus stop in Doral, a man loading a bike into parked car from a Miami Beach sidewalk, and a cyclist riding across a narrow bridge in Bradenton. On the same day that Aaron Cohen was killed and his riding companion sustained a broken leg, Thomas Jennings, a triathlete out on a training ride on Fountainebleau Boulevard in West Miami-Dade, was T-boned and seriously injured by a speeding, out-of-control car that jumped the median. Again, a combination of bad roads and bad attitudes.

One of the most popular places to run and bike in South Florida is Key Biscayne. However, The "Key" is as dangerous as it is beautiful. To that end, Aaron Cohen, was the third cyclist killed by a car on the causeway's popular bike lanes since 2006.

There are many initiatives that are being discussed to make biking safer on Key Biscayne. The proposals which include barriers to protect cyclists and slower speeds on the "Key" are great, but the true issues are motorist attitutes to cyclist and the carelessness that many motorist in Miami exhibit when behind the wheel. The carelessness includes but is not limited to texting, cell phone use, and driving while impaired. Not until these attitudes change will cycling become safer.

Continue reading "Miami Motorists Need a New Attitude" »

Great article at TRANSITMIAMI.COM

Pay tribute to Bicycle Accident victim Aaron Cohen.

Cyclists are asked to meet at 8:30am at the Bayfront Park Fountain on Biscayne Blvd & Flagler Street in downtown Miami, pedals up 8:45am. We will be riding as a group in honor of fellow cyclist Aaron Cohen who was struck and killed by a hit & run driver this week. The group will ride towards Key Biscayne via Brickell Avenue and up the William Powell Bridge were Aaron and his friend Enda Walsh were hit. Between 9:00am-10:00am the police will have the south side of the Rickenbacker Causeway closed to motor vehicles. Aaron Cohen, 36, was an avid cyclist, married and father of two. It's very unfortunate that we have to come together under such tragic circumstances to honor his life.

As I wrote 3 days ago, The good old Florida senate is at it again. Under the leadership of Sen. Don Gaetz, R-Niceville, and Sen. John Thrasher, R-St. Augustine, the congress and Rick Scott are set to do away with Medical Malpractice in Florida. This, of course, on the heels of reform in 2003 and again in 2011.

I wonder why these senators would pass such bad legislation for the citizens of Florida??????

What is the constant fascination with limiting the rights of citizens to recover for injuries caused by malpractice??????

Why not seek to limit the occurence of Medical Malpractice, rather than limiting the rights of those affected by the Malpractice?????

The plan allows doctors and other health care providers to ask patients to sign agreements to allow future malpractice claims go to arbitration instead of jury trials. As if that was not enough, just for good measure, the plan also gives a doctor the right to "pencil in" how much he could be responsible for damages in a lawsuit. That's right, under the proposed legislation, If a doctor committs Medical Malpractice a patient will lose their right to a trial by jury and a doctor can limit the compensation to $1.00.

I encourage everyone to contact their local congressman and tell them you oppose this legislation.

Hundreds of cyclist ride the streets of Miami every morning. On the morning of February 15, 2012 Aaron Cohen, an avid cyclist , was riding his bicycle in the bicycle lane on Key Biscayne . Aaron was hit by a motorist with a suspended license who left the scene of the accident.

The result is that Aaron Cohen, a 37 year old father of two died today at Jackson Memorial Hospital.

The culprit, Michele Traverso, 25 was charged with leaving the scene of an accident with bodily injury and driving with a suspended license. Just last May, Traverso was charged with possession of cocaine, and In 2009, he was arrested and charged with possession of marijuana.

This is the result you get when the State of Florida refuses to enforce the 3 foot law, allows drivers to get behind the wheel without requiring any form of bodily injury liability insurance, and does not have harsher penalties for those driving with a suspended license.

Key Biscayne has been the scene of multiple bicycle accidents and fatalities. The city of Miami is trying to promote cycling, yet most drivers in Florida are angry when they see cyclist on the road. Yes, I am a cyclist who represent bicycle accident victims, but some of the comments I read on The Miami Herald post are beyond troubling. The hostility against cyclist is bothersome and until that changes Miami will remain one of the least bicycle friendly cities.

As a Miami Medical Malpractice Lawyer, every year I watch the rights of Medical Malpractice victims come under attack. Just six (6) months ago, the legislature stripped away the rights of medicaid recipients who were the victims of medical malpractice, and made it more difficult to hire out of state medical experts. The Republican led Florida legislature and Governor Scott are again pushing hard to close the courthouse doors on victims of Medical Malpractice.

The Senate Health Regulation adopted medical malpractice reforms, including provisions to impose a clear and convincing burden of proof with regard to supplemental diagnostic testing and to allow ex parte communications with treating physicians. Beyond these two, the Senate committee also authorized an arbitration provision that would authorize arbitration agreements between doctors and patients with regard to any current or future claim for medical negligence, and it would specifically allow such agreements to limit available damages.

The arbitration provision is bad public policy and totally destroys a patient's rights when a doctor or hospital endangers the safety of a patient. The bill allows a negligent doctor, dentist, optometrist or hospital to CHOOSE an unfair and arbitrary cap on both economic and non-economic damages. The provision also says that a doctor can have a current patient sign away their rights AFTER the doctor is aware of a mistake, but BEFORE the patient is made aware of the mistake. This will unnecessarily destroy Florida's families who are the victims of medical errors. You can read the Senate bill here: CS/SB 1506.

Today, the House Government Operations Appropriations Subcommittee also adopted a med mal bill that included the clear and convincing standard for burden of proof with regard to supplemental diagnostic testing and the ex parte communications with treating physicians language. The House bill does not contain any arbitration language. You can read the House proposal here: CS/CS/HB 385.

Continue reading "Medical Malpractice Under Attack Again" »

As a Miami Car Accident Lawyer, I know that car crashes are the leading cause of death for teenagers in the United States. In 2009 approximately 3,000 teenagers died nationwide in in car accidents.

Teenage drivers feel empowered, and studies cited by the Centers for Disease Control and Prevention indicate that teenagers are less likely to use seat belts, and they are more likely to get into accidents if other teenagers are their only passengers.

The above statistics are all to familiar to Kamran Hanif and the friends and families he affected in 2009. Kamran Hanif was traveling 75 mph in a 45-mph zone when he lost control of his Toyota sedan on a rain-slicked road shortly after midnight on June 27, 2009
and crashed it into a lightpole on the 14000 block of Sheridan Street in Pembroke Pines.

Four other teenagers were passengers in Hanif's car, and one of them, Antonio Rodriguez, 16, did not survive. David Lopez another teenage passenger in the car was paralyzed from the waist down.

Hanif was sentenced to two years in prison followed by 10 years' probation.

Continue reading "Car Accident Destroys Three Families" »