"Car Accident"

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.

Estanislad Carlota was sitting on a bus bench last night at a bus stop located on Bird Road and Southwest 93rd Avenue in Miami, Florida. Jose Mendoza, 22 years old, lost control of his silver Dodge Neon and crashed into the bus stop. The vehicle flipped on its side and hit Estanislad Carlota. She was pronounced dead at the scene. Tom Pikul, Florida Highway Patrol spokesman, said the crash occurred at around 8:30 p.m. on Thursday in Westchester.

https://www.youtube.com/watch?v=x5EGXuD7m6c

Video of Accident

Florida Highway Patrol is investigating the wrongful death incident and have yet to release much information to the public. After the incident, Mendoza waited at the scene for the police. He told investigators that he somehow lost control of his vehicle without explaining the reason why. FHP is looking at whether speed was a contributing factor to the accident. There is also a possibility that Mendoza became distracted from using his cell phone and veered off the road. Read Ira Leesfield’s article on how Driving and Cell phone use don’t mix.

In Florida, running over or colliding with a pedestrian while operating a car is a violation of the law. Florida Statute §316.130 (15) provides that “. . . Every driver of a vehicle shall exercise due care to avoid colliding with any pedestrian . . . and give warning when necessary and exercise proper precaution . . . ” Florida Courts have upheld that when there is evidence of violation of a statute regarding a motorist’s duty to pedestrians, the party is entitled to a jury instruction of such duty. Leesfield & Partners has been representing pedestrians and bicyclists in Miami, Key West, and throughout the State of Florida, who became victims of negligent drivers.
Continue reading

Articles Tagged with “Car Accident”

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

Woman Waiting for Bus is Killed by Out of Control Driver