Car Accident

Published on: May 21, 2024

Miami Trolley Hits Man Trying to Retrieve Bicycle in Little Havana, police say. Are pedestrian deaths on the rise?

Any pedestrian crossing the street on U.S. 1 or trekking down the sidewalk on Kendall Drive during rush hour knows to remain vigilant. Drivers in Miami have been known to text behind the wheel, speed, take traffic laws as suggestions and honk when unnecessary. The joke that Miami’s distracted drivers don’t know what they are doing is shared among coworkers, friends and grocery store clerks alike with a disapproving shake of their heads.

It is only when there is a horrific and violent crash that cannot be undone that the chuckling stops and people are reminded of just how dangerous the roads can be.

What happened?

Published on: May 21, 2024

Ocala driver charged after driving drunk in crash that killed 8, injured 38. How Leesfield & Partners does its part to fight for families and eradicate the prevalence of impaired drivers on the road.

By Leesfield & Partners

People all over the world rely on public transportation to get them where they need to go every day. They go to work, school and are expected to come home safely. Sadly, that was not the case for at least 46 people last week in Marion County after a bus rollover crash killed eight farm workers on board and injured 38 others.

According to a statement from the Florida Department of Highway Safety and Motor Vehicles, there were 53 people aboard a bus just before 7 a.m. on May 14 when it had a sideswipe crash with a 2001 Ford Ranger private truck. The bus went off the road following the crash, through a fence and later rolled over.

At least eight of the 38 passengers who were injured were reported to be in critical condition, according to the Miami Herald. The driver of the truck involved in the incident, 41-year-old Bryan Maclean Howard, of Ocala, was charged Tuesday with eight counts of driving under the influence and manslaughter. Details on the name of the transportation company that operated the bus in the crash were not immediately available.

Published on: June 30, 2022

$95 million verdict – Leesfield & Partners Obtains Largest Motor Vehicle Accident Verdict in Miami-Dade County’s history

By Leesfield & Partners

Miami, June 2022 – Leesfield & Partners attorneys secured a record-setting verdict on behalf of clients, a family whose daughter was killed and son incapacitated by a drunk driver who was overserved at a popular Miami bar. While the reading of the jury’s verdict gave the family the satisfaction of knowing that some justice was served, it could do nothing to change the cruel reality of two broken-hearted parents who have lost everything.

While on their way to drop their daughter off at the airport for a flight to medical school orientation, the family car was hit head-on by a drunk driver speeding in the wrong direction on I-95. Their daughter, 23, was killed in the crash, and their son, 21, suffered catastrophic brain and orthopedic injuries, leaving him in a wheelchair, unable to speak, and requiring round-the-clock care for the rest of his life. The drunk driver had spent the night and early morning bar hopping and getting obliterated before making the terrible and fateful decision to get behind the wheel.

At trial, the Miami jury was visibly moved by Dad when he took the stand and tried to explain in his own words the unimaginable agony, grief, and struggle to carry on that he and his entire family wrestle with every day. Dad, who moved to America with his daughter and son when they were 6 and 4, shared with the jury that everything he and his wife did in life from the moment on was to make sure their children had every opportunity possible.

Published on: May 4, 2016

Legal Tip #1 – Special Jury Instruction on “Medically Unnecessary / Unreasonable” Treatment

By Leesfield & Partners

Car_crash_2 Suppose you are injured in an automobile collision caused by a negligent driver. You then go to a duly-licensed physician for medical care. You certainly trust your physician and her dedication to the well-being of her patients. Ultimately, your physician provides treatment and even surgery. Down the road of litigation, the negligent driver’s attorney claims that the surgery you underwent was medically unnecessary or unreasonable. Assuming this treatment was “unreasonable,” should you be on the hook to pay for it? Is it your fault if your physician provided unnecessary treatment by mistake or for financial gain? Of course not!

The Florida Supreme Court (Stuart v. Hertz Corporation) established long ago that a negligent party who injures another is liable not only for the resulting injuries, but is also liable for any medical negligence stemming from services of a competent physician. This principle has been reaffirmed many times and even extended by Florida Courts to hold negligent parties liable for improper and unnecessary medical treatment performed by an allegedly unscrupulous physician.

Published on: October 1, 2013

Florida bans texting while driving – Law in effect October 1, 2013

By Leesfield & Partners

On October 1, 2013, the first law banning texting while driving comes into effect in the State of Florida. This law is a half step in the right direction, but a half step nevertheless.

The Florida legislator has advocated for a ban on cell phone use while driving for several years. The best compromise Tallahassee was able to reach has essentially pulled the teeth of the new law. We described in detail the shortcomings of the new piece of legislation in our previous articles on the topic:

Florida’s ban on texting while driving – A toothless law in need of more bite!

Published on: August 14, 2013

Fatal Car2Go Accident downtown Miami

By Leesfield & Partners

At dawn this morning in Miami, a Chevy pick-up truck traveling eastbound on Northeast 15th Street, in downtown Miami, was t-boned by a white Daimler SMART car traveling southbound on Biscayne Boulevard. One of the investigators told the media that it is believed the driver of the SMART car failed to stop at a stop sign or a red light, which was the cause for the two vehicle to collide at such a high rate of speed.

The incident occurred at approximately 4:45am on Wednesday August 14, 2013. The passenger of the SMART car, a young woman in her twenties was fatally injured and died at the scene. The driver of the SMART car was critically injured and rushed to Jackson Memorial Hospital. The condition of the driver of the pick-up truck remain unknown but reporters have shared that there are serious concerns he may have sustained a catastrophic spinal cord injury and may be paralyzed. (Photo on the left courtesy of Miami Herald)

The SMART car involved in this incident, whose driver was supposedly at fault, was a CAR2GO vehicle. According to the company’s website, CAR2GO is a mobility program launched in Austin, Texas back in November 2009. The company provides a fleet of free-floating vehicles distributed all over the city. Individuals who become members of CAR2GO have the ability to use any vehicle from the CAR2GO fleet at any time.

Published on: April 10, 2013

Florida on its way to ban texting-while-driving? How a worthless piece of legislation will keep roads unsafe

By Leesfield & Partners

On April 8, 2013, the Florida Judiciary Committee approved by unanimous vote a bill (SB 52) that would ban texting while driving statewide for the first time in Florida. The bill cleared The Senate Transportation Committee last February, cleared the Senate Communications, Energy, and Public Utilities Committee in March and this week cleared the Senate Judiciary Committee. The bill can now be taken to Florida’s Senators for a final vote.

If the bill passes the Senate and the House, this will mark the first time that a ban on texting while driving becomes in effect (on October 1, 2013) after several years of futile attempts to ban texting behind the wheel.

While any ban on texting and driving is a step in the right direction, the proposed law is so meaningless in its reach that it will sadly create absolutely no incentive or deterring effects to dissuade drivers to stop texting while driving throughout the State.

Published on: March 13, 2013

Make the right call on texting and driving

By Leesfield & Partners

TEXTING AND DRIVING Make the right call on texting and driving

By Ira H. Leesfield

After years of false stops and starts, a bill to curb texting while driving is finally building momentum in the Florida House. The current bill would impose a $30 fine for anyone texting while driving, and a $60 fine for doing so again within the same five-year period. Texting would still be allowed when stopped or at a red light.

Published on: September 20, 2012

Driving and Texting finally recognized as Reckless and Offensive by Florida Court

By Leesfield & Partners

Texting and driving has been and continues to be one of the leading causes of fatal car accidents in the State of Florida. Easily explaining the reasons for the situation is the ever standstill of the Florida legislator on this issue. For several years Ira Leesfield and the personal injury lawyers at Leesfield & Partners have argued in favor of, and pushed legislators to pass a ban on texting while driving. Last week, despite a House and Senate either ignoring the reality of distracted driving, or incapable of coming to a sensible piece of legislation, a Broward County Judge allowed punitive damages in a civil negligence lawsuit for the first time in the State of Florida.

We have reported multiple times in the Florida Injury Lawyer Blawg the calamitous reality in Florida. As explained in our recent post “Florida still refuses to ban texting while driving“, Florida remains one of only six states without any limitations on cell phone use while driving. Every other State has either a total ban or a partial ban on texting and driving.

Over the years, Ira Leesfield has been a spokesperson for greater safety and common sense in the law. His experience fighting for the rights of innocent victims injured by the negligence of others has flourished in the passage of many important laws during his career as a personal injury attorney in Miami, Key West, throughout the State of Florida and the rest of the nation.

Published on: August 3, 2012

NY prosecutors charge woman with vehicular homicide for texting while driving

By Leesfield & Partners

Last month, 25-year-old Alicia Westgate killed Richard Webb, an avid 68-year-old bicyclist. New York prosecutors charged Westgate with reckless operation, use of a portable device for texting and failure to use due care. The defendant will answer those charges in Newfane Town Court on August 14.

The state of New York is one of the 38 states that currently have a ban on texting while driving. Last month, we reported on a landmark case in the Massachusetts, where a young man was convicted for 2.5 years in jail for texting while driving and killing a husband and father. Westgate is facing a similar road in her upcoming criminal trial (unless she pleads guilty) if the evidence reveals that she was indeed texting at the time the incident took place.

Studies on the dangers of texting while driving continue to provide more evidence that drivers should not be using their hand-held devices to text. Recently, CNN Anderson Cooper reported on a new study below: