South Florida Personal Injury Lawyers Blog

When Hit-and-Run Drivers Cause Fatal Injuries in Miami

Published on: May 29, 2025 | by Friedman Rodman Frank & Estrada, P.A.

A recent hit-and-run crash in Miami took the life of a woman who was simply crossing the street. While the details continue to unfold, this tragedy highlights an issue that affects far too many families in South Florida. Hit-and-run collisions leave victims and loved ones not only coping with physical and emotional trauma but also searching for answers when the responsible driver disappears.

Florida law requires drivers involved in a crash to stop and provide information and assistance. When someone flees the scene—especially in cases involving serious injury or death—they violate both legal obligations and moral decency. For families left behind, the impact can be devastating.

Pedestrians Face Greater Risk on Miami Roads

Miami’s traffic patterns create heightened danger for those on foot. Busy intersections, poor lighting, and aggressive driving habits all contribute to the elevated risk. Many hit-and-run crashes involving pedestrians occur late at night or in the early morning hours, when visibility is low and traffic enforcement may be limited. Alcohol, distraction, and speeding are common contributing factors.

Even when a pedestrian follows the rules—using crosswalks and waiting for signals—the actions of a reckless driver can end lives in an instant. The absence of protective barriers between a person and a fast-moving vehicle means any contact can lead to catastrophic injury. If the driver fails to stop, the delay in emergency aid can be fatal.

Miami Motorcycle Accident Raises Questions About Crash Risks and Insurance Coverage

Published on: May 19, 2025 | by Friedman Rodman Frank & Estrada, P.A.

A deadly multi-vehicle collision shut down a significant stretch of I-95 in Miami-Dade during morning rush hour, once again drawing attention to the dangers motorcyclists face on Florida roads. According to news reports, the crash occurred earlier this month around 3:12 a.m. near Northwest 103rd Street and involved a motorcycle and at least two passenger vehicles. Traffic was diverted at 125th Street and did not fully resume until nearly 9:15 a.m. While investigators are still reviewing the cause of the crash, the involvement of a motorcycle raises essential issues for victims and families navigating serious injuries or wrongful death.

Motorcycle accidents tend to result in more severe injuries than standard vehicle collisions. Riders have limited protection and are more likely to be thrown from the bike, suffer blunt force trauma, or sustain lasting disability. In Florida, the law provides options for injury victims to pursue compensation, but motorcycle claims can come with added legal challenges, especially when multiple vehicles are involved.

Why Motorcycle Accidents Are So Often Catastrophic

Motorcycles offer less physical protection than enclosed vehicles, making nearly every crash a high-risk event. Riders often suffer head injuries, broken bones, spinal cord trauma, or internal bleeding. The impact force can be life-altering or fatal, even when helmets and protective gear are used. The scene on I-95, where debris was scattered across both express and main lanes, reflects the violent nature of many bike crashes.

Florida Insurance Claim Denials Can Hurt Injury Victims and Homeowners

Published on: May 2, 2025 | by Friedman Rodman Frank & Estrada, P.A.

When your home is damaged or you suffer a serious injury, insurance should be there to help you recover. Unfortunately, many Florida policyholders face delays, denials, or paperwork requirements that can interfere with a legitimate claim. A recent Florida appellate decision shows how insurers rely on technicalities to avoid paying out benefits, even when professional services have already been performed.

In The Kidwell Group, LLC v. United Property & Casualty Insurance Company, Florida’s Third District Court of Appeal reversed the dismissal of a lawsuit based on an assignment of benefits, also known as an AOB. The case involved engineering services provided to homeowners after property damage, which were assigned to a third party so the provider could pursue payment directly from the insurer. The court found that the insurer improperly relied on a statutory technicality to avoid payment, even though the work had been completed and documented.

What Is an Assignment of Benefits and Why Does It Matter in Injury and Property Claims

An assignment of benefits allows a medical provider, contractor, or other professional to bill your insurance company directly after performing services. This is common in both personal injury and property damage claims. For example, if you receive care from a trauma specialist after a car accident or hire a restoration company after a storm, you may be asked to sign an AOB form. This allows the provider to seek reimbursement without forcing you to advance funds.

Florida law does allow assignments of benefits, but insurers often push back by claiming the documents were incomplete, unclear, or did not meet certain formatting rules. In the Kidwell case, the insurer refused to pay because the AOB lacked what it considered a sufficient line-item estimate. The court disagreed, ruling that the attached invoice provided enough detail to meet legal standards.

This ruling matters because it reinforces your right to seek timely help without jumping through endless administrative hoops. If the law allowed insurers to deny claims every time a form was imperfect, many Florida families would face delays they cannot afford.

How This Affects Personal Injury Victims and Their Medical Bills

Injury victims often rely on AOBs after a crash, fall, or other accident. When you are hurt, you should be able to get the treatment you need without waiting for an insurance check. Florida providers often use AOBs to get reimbursed directly by health or auto insurers. That process is designed to protect patients from financial hardship while helping providers secure timely payment.

However, if an insurer later refuses to honor that agreement, it can create serious financial stress. You may face collection notices, pressure from doctors, or disruption in care. The Kidwell ruling helps reinforce the idea that insurers cannot use technical excuses to avoid paying valid claims. If your AOB was reasonably clear and the work was performed, the company should not be able to sidestep its responsibility.

What Florida Slip and Fall Victims Need to Know About Premises Liability

Published on: April 30, 2025 | by Friedman Rodman Frank & Estrada, P.A.

If you slip and fall on someone else’s property, you may think the property owner is automatically responsible for your injuries. But Florida law requires more than just proving that you got hurt. You also have to show that the owner knew—or should have known—about the dangerous condition that caused your fall. A recent decision by Florida’s Third District Court of Appeal shows just how important it is to include this kind of detail in your legal claim.

Why This Slip and Fall Case Was Dismissed

In the case that was recently decided, someone who fell tried to sue the property owner. However, the lawsuit didn’t explain how the owner knew about the dangerous condition or even whether the condition had been there long enough that they should have known about it. Because the complaint was missing these details, the court threw the case out before it could move forward.

This case is a reminder that if you’ve been injured in a fall, it’s not enough to say the floor was wet or the area was unsafe. You need to explain what made it dangerous and why the property owner should be held responsible. That could mean showing that the hazard had been there for a while, that it had happened before, or that the property owner failed to check or clean the area.

What to Do After a Pedestrian Injury in a Florida Car Crash

Published on: April 20, 2025 | by Friedman Rodman Frank & Estrada, P.A.

If you were hit by a car while walking in Florida, you may be entitled to compensation for your injuries. Whether you were using a crosswalk or simply standing near the road, drivers have a legal duty to operate their vehicles safely around pedestrians. Florida law recognizes your right to recover damages if a driver fails to meet that duty and causes harm.

A recent crash in Miami highlights the seriousness of pedestrian accidents. Two women were hospitalized after a collision involving a police vehicle and another car near Northwest 47th Avenue and 7th Street. One of the women was listed in critical condition. Video from the scene showed a chaotic response, with police tape stretched around the intersection and heavy damage to both vehicles. Although full details are still under investigation, the victims face a long road to recovery, and their right to pursue legal action may depend on how quickly they act.

Drivers Must Yield to Pedestrians in Florida

Under Florida Statutes Section 316.130, drivers must yield the right of way to pedestrians in marked crosswalks and exercise proper care to avoid hitting anyone who is walking on or near a roadway. Failing to do so may lead to civil liability if someone is injured as a result.

What You Can Do After Losing a Loved One to a DUI Crash in Florida

Published on: April 10, 2025 | by Friedman Rodman Frank & Estrada, P.A.

Losing someone in a violent crash caused by a drunk driver is a pain no family should ever have to endure. In Florida, when an impaired driver causes a fatal accident, surviving relatives may have the right to pursue a wrongful death claim. These civil cases can help secure compensation for the financial and emotional losses suffered and hold the responsible party accountable, even if they face no criminal charges.

Surveillance footage from an August 2024 crash in downtown Miami has recently come to light, showing the devastating moment when a white vehicle sped through an intersection and collided with two others. Two men lost their lives, and the alleged driver now faces charges for DUI manslaughter, reckless driving, and other serious offenses. Florida law treats impaired driving resulting in death as both a crime and a civil wrong, giving victims’ families legal options to seek justice through the courts.

Florida’s Wrongful Death Law Allows Families to Seek Accountability

When a reckless or impaired driver causes a fatal accident, Florida’s Wrongful Death Act allows certain family members to file a lawsuit for damages. Under Florida law, the claim must be filed by the decedent’s personal representative, who seeks compensation on behalf of the surviving spouse, children, parents, and others who depended on the victim for support.

Compensation can cover:

Medical expenses related to the fatal injury;
Funeral and burial costs;
Loss of companionship and protection;
Lost income and support the deceased would have provided; and
Emotional pain and suffering of surviving family members.

These claims can help families recover financial stability during a time of grief and uncertainty.

Legal Options for Families After a Fatal Motorcycle Crash in Florida

Published on: April 4, 2025 | by Friedman Rodman Frank & Estrada, P.A.

When a motorcyclist loses their life due to another driver’s actions, Florida law allows surviving family members to pursue compensation through a wrongful death claim. These civil cases can provide financial relief and hold the responsible party accountable for their negligence.

In early April 2025, a 26-year-old man from Ocala tragically died in a motorcycle crash in Merritt Island. According to reports, the motorcyclist was traveling northbound on South Tropical Trail when a white smart car attempted a left turn from Cone Road, entering his path. To avoid a collision, the motorcyclist swerved but lost control and struck a concrete wall. He was pronounced dead at the scene.

Understanding Wrongful Death Claims in Florida

Florida’s Wrongful Death Act allows surviving family members to pursue compensation when someone dies because of another person’s negligence. Eligible survivors may include a spouse, children, parents, or other relatives who relied on the deceased for emotional or financial support.

Compensation in these cases may cover medical expenses incurred before death, funeral and burial costs, the loss of income and economic contributions the deceased would have made, emotional suffering, and the loss of companionship, guidance, or protection. To succeed in a wrongful death claim, the family must show that the other party’s negligent actions directly caused the fatal incident. In the Merritt Island crash, if investigators determine that the smart car driver created a hazardous condition by turning in front of the motorcycle, that could support a legal claim. These cases often require a detailed investigation, and prompt legal guidance can help the family understand their rights and options from the beginning.

Florida Product Liability and Punitive Damages in Tesla Autopilot Case

Published on: March 31, 2025 | by Friedman Rodman Frank & Estrada, P.A.

Product manufacturers have a legal duty to design and market safe vehicles. When a company promotes a product as advanced or self-sufficient, it raises questions about responsibility when a failure leads to a fatal crash. In Florida, punitive damages are reserved for cases where a manufacturer’s conduct is so reckless that it rises to the level of intentional misconduct or gross negligence. A recent appellate decision reversed a trial court ruling that initially allowed a punitive damages claim against Tesla following a fatal Autopilot-related crash. The ruling highlights the high legal threshold required for punitive damages in product liability cases.

Tesla Autopilot and the Fatal Florida Crash

A driver operating a 2018 Tesla Model 3 engaged the Enhanced Autopilot system while traveling 69 miles per hour on US 441. Moments later, the vehicle collided with a semi-trailer truck that had turned into its path. The impact sheared off the top of the Tesla, resulting in an instant fatality. Crash investigators determined that the vehicle’s Autopilot system remained engaged leading up to the collision, with no braking, acceleration, or steering input detected for at least eight seconds before impact.

Florida Workers’ Compensation and Attendant Care Disputes

Published on: March 23, 2025 | by Friedman Rodman Frank & Estrada, P.A.

Workers’ compensation laws in Florida provide injured employees with medical benefits, wage replacement, and necessary personal care when a work-related injury prevents them from performing daily tasks. However, disputes often arise when employers and insurance carriers challenge which services qualify for compensation. A recent Florida appellate ruling addressed whether a spouse’s care for an injured worker falls under attendant care benefits or constitutes routine household duties not covered under Florida law.

Court Overturns Attendant Care Award in Florida Workers’ Compensation Case

A Florida worker who suffered an injury filed for workers’ compensation benefits, including home modifications and attendant care services provided by a spouse. A judge awarded payment for 30 hours per week at the federal minimum wage, reasoning that certain tasks—such as carrying the injured worker upstairs and assisting with bathing—met the legal definition of attendant care under Florida law.

Florida Premises Liability and Unmarked Hazards in Parking Garages

Published on: March 15, 2025 | by Friedman Rodman Frank & Estrada, P.A.

In Florida, property owners have a legal duty to maintain safe premises for visitors. When hazards exist in areas where people walk, owners must take reasonable steps to prevent injuries. Parking garages, designed primarily for vehicles, often double as pedestrian walkways. If an unmarked obstacle causes someone to trip and fall, questions arise about whether the property owner failed to uphold its responsibilities. A recent Florida appellate court decision reversed a trial court ruling after an injury victim presented evidence that an unmarked hazard in a parking garage created an unreasonable danger.

Raised Concrete Slab in a Florida Parking Garage Leads to Injury

A resort guest fell in a Miami parking garage after tripping over a raised concrete slab used to anchor a vehicle gate-arm. The hazard was unmarked and the same color as the surrounding pavement, making it difficult to detect. The injured individual filed a lawsuit against the property owner, alleging that the unmarked obstruction posed an unreasonably dangerous condition and that the owner failed to ensure a safe walking surface.