Two SUVs Crash in Miami
A car accident in Miami resulted in the death of one person while two others were left in serious condition. Just before 11:00 am on January 11, 2015, Miami Fire Rescue was called onto the accident scene on NW 22nd avenue and 33rd street. The accident involved a Chevrolet Trailblazer and a Chevrolet Surburban. Two people had been ejected from the Trailblazer, and both were unconscious and not breathing. One of the individuals was immediately transported to Ryder Trauma Center and is in serious condition. The other individual was pronounced dead at the scene. The female driver of the Suburban was also transported to the Ryder Trauma Center as she was in serious condition.
Auto accidents resulting in death and serious injuries are tragic events and occur all too often here in South Florida. With such a crowded populace and numerous automobiles per household, auto accidents are sometimes unavoidable. Also, a quick look around on a morning commute will show that many drivers are browsing on their smart phones as they drive. Whether it is sending a text message, an email over the phone, or simply perusing their social media accounts, many drivers are very distracted by their smart phones. With so much information and entertainment at their fingertips, many drivers simply cannot resist the urge to look at their phones while they are behind the wheel. Naturally, this can only lead to more accidents.
In order to prove liability in an auto accident claim, four elements must be established: 1) duty; 2) breach; 3) causation; and 4) damages. It must first be shown that the defendant owed a duty to drive responsibly and safely. Secondly, it must be shown that the defendant’s actions were in fact a breach of that duty. Texting while driving, as referenced above, is a good example of a breach of the duty a defendant might owe to a victim to drive responsibly. Once the Izquierdo Law Firm can establish that there was indeed a duty owed to the victim and that the duty was breached, negligence is established. However, in order to recover for the defendant’s negligence, it must also be proven that there were actual damages and that the defendant’s negligence actually caused the damages. Many times, an insurance company will try to allege that the injuries caused were pre-existing and not actually caused by the defendant’s negligence. The insurance companies do this in order to avoid liability. At the Izquierdo Law Firm, we work closely with medical experts in order to prove that the injuries caused were in fact due to the negligence of the defendant as opposed to a pre-existing injury sustained by the victim prior to the accident.
In scenarios such as this, when an accident results in personal injury or the death of a loved one, you should definitely consult an experienced attorney who can properly apprise you of your rights. Auto insurance companies know the process all too well, but who is on your side? At the Izquierdo Law Firm, our experienced team can help you navigate the process and ensure that your rights are protected. Call us today for a free consultation.