Fatal Drunk Driving Accident in Miami Shores

Drunk Driver in Fatal Uber Crash

A driver was apprehended by local police and charged he caused an accident while driving under the influence. Sadly, this drunk driving accident in Miami Shores that resulted in the death of a motorcycle rider and led to another woman suffering personal injury. An eyewitness and passenger in an Uber, described the incident stating that he was in the back seat when the car that the drunk driver was driving, came slamming toward the car. The car, a Jetta, then collided with a motorcycle behind them, causing both vehicles to burst into flames. Fortunately, the Uber driver was able to prevent being hit by the Jetta by swerving out of the way. The Uber driver recounts that his instincts led him to move out of the way of the outcoming vehicle at the intersection. The fatal motorcycle riders, identified as a 36-year-old man, was pronounced dead at the scene. The injured woman, who had been riding on the back of the motorcycle, was taken to the hospital with serious injuries, including a broken pelvis, femur, and a concussion.

Detectives reported that the driver of the Jetta had bloodshot eyes and smelled of alcohol. He failed a field sobriety test and had been drinking since the afternoon. Officers shut down part of North Miami Avenue as traffic homicide detectives investigated. The medical examiner arrived, and the vehicles were later towed from the scene. The driver was arrested, medically cleared, and booked into jail, facing multiple DUI charges. Additional charges may follow pending a blood analysis.

DOES CAR INSURANCE COVER DRUNK DRIVING AND ACCIDENTS TO NON AT FAULT DRIVERS?

An Aventura Car Accident Lawyer at the Perazzo Law Firm as well as many other experienced car accident lawyers, are aware of the questions typically asked after a car accident involving drunk drivers in Miami-Dade, Broward, and Orange County.

WHAT ROLE DOES ACCIDENT INSURANCE PLAY AFTER AN ACCIDENT INVOLVING DRUNK DRIVERS?

Drunk drivers are behind the wheel around the clock in cities around the world. They are hard to stop until they are involved in an accident, usually an accident that involves personal injuries to innocent drivers and sometimes, pedestrians. Many times, sadly enough, drunk drivers cause accidents that end in fatalities, not only to other drivers, but the passengers inside the vehicle they are driving while drunk. Drunk driving is a form of negligence, and drunk driving seems harmless until you crash. Upon crashing, a police official or state trooper may show up at the scene of the accident. If that happens, a breathalyzer test may be carried out. If you or the driver has been drinking and driving and found to be responsible for the accident, your insurance provider may deny your claim. Simply because, drinking and driving is a crime, and you or the driver broke the law.

WHAT ARE THE LAWS GOVERNING INSURANCE CLAIMS FOR COMPENSATION?

Jonathan Perazzo, personal injury lawyer and founder at the Perazzo Law Firm sheds light on the complex inner workings of vehicle insurance after an drunk driving accident. Firstly, it’s important to determine who was at fault for the accident. Even though an intoxicated driver is behind the wheel, does he or she cause the accident. A drunk driver may be waiting at a red light and get rear-ending by another driver that fails to notice stopped traffic ahead because he or she was on their cell phone reading or send a text message. Texting and driving is considered illegal, and motorists texting and driving can be fined for texting and driving in cities and suburbs.

Easter Sunday Drunk Driver Crashes into Ocean

A driver was arrested for driving under the influence after their car plunged into the water near South Pointe Park in Miami Beach, Florida. The incident occurred on Easter Sunday, concluding a dangerous journey through a walkway.

A local witness heard the crash around 7 a.m. Upon investigation, he spotted the submerged black Toyota sedan in Government Cut, prompting him to call emergency services and record the scene on his cellphone. His footage depicted the aftermath of what he described as a drunken driver mistaking the walkway for a road, speeding along the marina boardwalk before crashing into the water.

Surveillance footage from a nearby building captured the car speeding along South Pointe Park’s walkway before its plunge into the Atlantic Ocean. A nearby family witnessed the event, recalling the noise and the driver’s failed attempt to maneuver before the crash.

The Miami Beach Police identified the driver as a 22-year-old male. The witness’ recording showed officers conducting a sobriety test on the driver, who was subsequently arrested and handcuffed for failing the test.

Miami Beach Fire Rescue divers ensured there were no other occupants in the vehicle before a truck lifted the submerged car out of the water for towing.

Reflecting on the incident, the witness expressed relief that despite the driver’s arrest, there were no fatalities and no other injuries besides the driver’s intoxication. He noted the potential danger to bystanders had they been seated on the pier adjacent to the crash site. Police confirmed that no one else was harmed during the incident.

DRUNK DRIVING FACTS

Drunk driving is a criminal offence
Drunk drivers may not be able to use their car accident insurance if they are at fault
Drunk drivers may not be able to compensate injured parties in the event of an accident that was their fault
Accident victims will need to consult an experienced car accident lawyer or a criminal lawyer to handle their case

OUT OF CONTROL VEHICLES AND ACCIDENTS IN MIAMI

A constitutional ballot initiative by Make It Legal Florida was deemed misleading. Attorney General Ashley Moody opposed the ballot after consulting the justices about its suitability for a future ballot. The proposal aimed to let Florida voters decide whether to allow residents aged 21 and older to possess and consume up to 2.5 ounces of marijuana. The initiative’s sponsor had raised $8.2 million, backed by Florida’s medical marijuana industry, and collected over 556,000 of the 891,589 signatures required to make the 2022 ballot. The measure needed 60 percent of the vote to amend the state Constitution.

Make It Legal Florida now needs to draft a new amendment for future ballots. George Levesque, the lawyer for Make It Legal, requested comments from the organization’s chairman, Nick Hansen, but Hansen did not respond.

In an unsigned opinion, five of the seven justices criticized the use of the word “permit” in the ballot summary. They argued that the amendment failed to clarify that marijuana possession and consumption would still be illegal under federal law, despite being allowed by state law. Chief Justice Canady stated, “A Constitutional amendment cannot unequivocally ‘permit’ or authorize conduct that is criminalized under federal law. A ballot summary suggesting otherwise is affirmatively misleading.”

Similar issues have been addressed by the Florida Supreme Court in the past. For instance, the supporters of the 2016 medical marijuana amendment avoided this problem. Ben Pollara, who led the 2016 campaign, noted that the Court’s decision reflected its conservative shift under Governor Ron DeSantis. Three justices appointed by DeSantis voted to strike the Make It Legal Florida initiative. Both the Florida House and Senate opposed the initiative. In 2021, New Jersey, New York, Virginia, and New Mexico legalized marijuana, with at least 17 states and Washington D.C. allowing its recreational use.

WHAT CAUSES DRIVERS TO LOSE CONTROL AND CRASH?

In Miami, the Perazzo Law Firm’s staff of car accident attorneys explain some of the reasons why Florida drivers lose control of their vehicles and cause bodily harm, property damage, and even wrongful death to third-party victims on Miami-Dade and Broward County roadways.

Did an out-of-control car or truck crash into your parked car.
While stopped at a traffic light, did an out-of-control car ram into you from the side.
Were you run over by an out-of-control vehicle while riding your bike?
Did an out-of-control car collide into various cars before crashing into a light post?
Did a trailer hitch become unhitched and crash into your parked vehicle?

The accident situations above occur when vehicles become out of control for one of many reasons. The personal injury staff of lawyers handling insurance claims for compensation from car accidents, provide professional insight into why Florida motorists lose control of their vehicles and crash.

WHAT CAUSES A VEHICLE TO LOSE CONTROL?

The car accident lawyers at the Perazzo Law Firm, understand that modern, high-tech vehicles rely on much more than driver safety and responsibility behind the wheel given the sophisticated software applied to optimize modern vehicle features. For that reason, when the computer system and software in modern vehicles malfunctions, motorists may be unable to do anything to prevent an accident when their vehicle is out of control.

Faulty Airbags Causing Vehicles to Lose Control
Airbags, a staple of modern vehicles, have continuously evolved through advanced software technology that determines their deployment upon impact or collision. For some time, airbags in cars and trucks have relied on this technology. However, faulty airbag software can cause airbags to deploy unexpectedly, without any apparent reason.

When an airbag deploys on its own, the driver can suffer serious bodily harm, potentially leading to loss of consciousness and loss of vehicle control. Unexpected airbag deployments can result in facial injuries, making self-deploying airbags a significant cause of accidents and loss of control while driving.

If you have been injured by a self-deploying airbag, it is crucial to seek legal advice. Contact an experienced personal injury lawyer at the Perazzo Law Firm to file an insurance claim for personal injury, damages, or losses resulting from a faulty airbag.

Mechanical failure and auto parts defects that cause vehicles to lose control: Poor maintenance of a motor vehicle can cause tires to blow-out, brakes to lock, and front axels to fall off. When any of these situations occur, a vehicle travelling at high speed will surely spin out of control and crash into other vehicles or objects. Tire, wheel, and front-end maintenance should be top priority for vehicle operators.

Tire Blowouts: When a tire blows out, especially the front tire, the vehicle will be naturally, through the laws of physics, be pulled towards the side of the blow out. A very common reaction by drivers is to hit the brakes. This is a big mistake and the main reason a car will spin out of control. It is recommended for a driver who experiences a front tire blowout, to maneuver the vehicle by firmly grasping the steering wheel and lead the car in its natural direction while slowly applying the brakes. When safe to do so, move the car off the roadway.

Brake Failure: Sometimes a vehicles brakes will not work. This is simply because of poor maintenance by the vehicle owner or poor services by a mechanic. Brakes need to be checked every six months to safeguard against a potential accident that involves brake failure. In the event of squeaking, grinding, or if the brake pedal hits the floor upon applying pressure, vehicle operators need to get their brakes serviced. Brake lines, the emergency brake, and brake fluid levels and the container should be inspected as well. When a driver needs to stop his/her vehicle and the brakes don’t respond, the motorists will lose control and collision will surely follow. At speeds, brake failure can result in a multivehicle accident that causes serious personal injury, damages, losses, or wrongful death. The Perazzo Law Firm in Miami-Dade recommends having your brakes and braking system inspected twice a year or upon any irregularities detected when applying your brakes.

Front-End Breakdown: Many motorists neglect the importance of their vehicle’s front-end and the dangers behind operating at high speeds without regular inspection. This can include taking the car to a mechanic to check that the front bumper won’t fall off or making sure your front axle won’t break off at high speed on the highway. Older vehicles that have received poor maintenance on behalf of owners or those vehicles serviced by negligent mechanics can lead to serious collisions such as rollovers when the front axle breaks off the tire.

Heart Failure and Emergency Medical Conditions: There are drivers that experience strokes or brain seizures while operating their vehicles. In Miami, when a health emergency event like this happens, the driver may faint or become unable to maneuver the vehicle safely amid traffic. On occasion, a motorists will fall asleep as a result of over-medication or fatigue. When this takes place, the unconscious driver will regain consciousness when crashing.

Drunk or Intoxicated Driving: Alcohol and illegal drugs can cause drivers to lose control of their vehicles. Driving under the influence of drugs and/or alcohol is the leading cause of traffic accidents in the U.S. Drugs and alcohol may result in an out of control vehicle. The Perazzo Law Firm strongly suggests that motorists refrain from drinking illegal quantities of alcohol or consuming drugs when driving on Miami roadways, avenues, and streets.

WHO IS RESPONSIBLE FOR AN ACCIDENT CAUSED BY AN OUT-OF-CONTROL VEHICLE?

No matter of fault, the owner of the registered car that lost control and caused bodily harm or property damages to third-party victims, is bound by Florida Law to carry PIP and PD insurance in the event of an accident. Some motor vehicle owners carry more complete insurance policies (see Insurance Policies for Florida Motorists) which will help cover more extensive costs from bodily harm or losses to victims. If the driver whose vehicle lost control is at fault, a personal injury lawyer will be able to determine the cause of the accident and whether the vehicle suffered a mechanical flaw that resulted from third party negligence, such as a part’s manufacturer or mechanic.

Depending on the kind of car accident coverage, which can range from PIP to Bodily Injury to Umbrella insurance (see Top Insurance Policies for Registered Vehicle Owners in Florida), the accident victims may be covered. Check with your insurance provider to find out about how much coverage you have in the event of an accident that involves a drunk driver.

THE PERAZZO LAW FIRM – DEDICATED TO PUTTING YOUR INTERESTS FIRST!

OFFICES IN MIAMI-DADE

CALL: (786) LAWS – 411

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Fatal Drunk Driving Accident in Miami Shores

DOES CAR INSURANCE COVER DRUNK DRIVING AND ACCIDENTS TO NON AT FAULT DRIVERS?

WHAT CAUSES DRIVERS TO LOSE CONTROL AND CRASH?

WHAT CAUSES A VEHICLE TO LOSE CONTROL?

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