Another Deadly Car Accident In Miami And Probably Not Enough Insurance



The Miami Herald has reported another car accident tragedy. One person was killed and two more were injured Friday when a pickup truck collided with a car in a North Miami neighborhood. Police have indicated that one of the drivers sped through a stop sign at the intersection of Northeast 142nd Street and Northeast 10th Avenue. The car, a Buick, caught fire moments after the crash killing the passenger inside the car.

We do not know all the facts yet, but 9 times out of 10, in¬†car accident cases¬†like these in Miami, where someone dies and there are multiple injuries, there is not enough automobile insurance to cover the losses. We have a serious problem in Miami where people drive around without any insurance whatsover or the absolute bare minimum. The irony is hat these people think they are “fully covered”. That could not be farther from the truth.

In Florida the minimum amount of insurance required is only $10,000 in PIP limits. ¬†This won’t even cover a couple days in a hospital, much less costs of suregries, ongoing treatment, lost wages and pain and suffering. ¬†Most people do not realize that if they injure or kill someone in a¬†car accident, that once the insurance company pays their bodily injury (BI) policy limit amounts, they can be held personally liable for the rest of the damages they caused. ¬†Meaning their personal assetts and money are exposed once the insurance company pays. ¬†They also do not realize that their own insurance does not even protect them for their own injuries over their PIP amount unless they pay extra for uninsured or underinsured motorist coverage (UM). ¬†This type of coverage is often rejected when the policy is applied for to keep prices down because the law does not require drivers to have it.

There is no doubt that the passenger who was killed had no fault in causing the accident.  Unless the at-fault driver who ran the stop sign has a lot of insurance or is independently wealthy like Lebron James or Dan Marino, there will not be enough money to compensate the innocent victim. Therefore, a good attorney will have to look for other avenues of recovery.  The Miami personal injury attorney the family hires should investigate if the fire was caused by a defect in the Buick, such as a poorly designed gas tank leading to a fuel fed fire. Perhaps an airbag failed to deploy.  The black boxes should be preserved and downloaded to determine other relevant factors such as speed and braking time.

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Update on Shuckers Deck Collapse



In the weeks after the outside patio collapse where 24 were hurt, three critically at the popular Miami eatery, building officials have not publicly determined what caused the deck to collapse.

Apparently city building officials say the city had not recently inspected the deck. Reports show in January 2012, the property owner hired an independent engineer to conduct a 40-year recertification examinination of the structure,  which of course, was deemed safe.  Also, in 2010 the owner was issued a Construction Permit to rebuild the deck. Hoever that permit expired earlier this year without the work being done.

Two big questions remain, why was there a catastrophic failure and who is responsible for it? Apparently people have noticed exposed corroded steel. It was an old deck, so why did the owners and building professionals involved determine it was safe for continued use. There is likely a reason why the building permit was applied for in 2010.  If it is shown that the owners knew it was unsafe, and purposely allowed it to stay open for business, punitive damages may be in order.  It is unclear how many people was this deck designed to hold in the first place and whether the restaurant was enforcing the max capacity requirements.  This could likely be  a situation where the property owner, who in Florida has a non-delegable duty, could be held financially responsible for the injuries.  The engineering company who approved the re-certification is also another target defendant.

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BREAKING: Deck collapses at Shuckers Restaurant during Miami Heat game


June 15, 2013

A deck behind the popular Shuckers sports bar on North Bay Village collapsed Thursday night, spilling scores of customers watching the Miami Heat vs. Spurs game into the bay waters. It’s unknown if there are any serious injuries. Police units have rushed to the scene. The accident occurred at around 9:45 p.m. The packed outdoor patio deck gave way as up to 100 people were cheering the Miami Heat in their run against the Spurs. Scores of customers fell into several feet of water in the bay in the collapse.

Perkins Law Offices has been involved in a case where there were multiple injuries when a similar deck collapsed at a residential property during a party. In these types of cases there may be several at fault parties including the owners of the property, the builders of the deck, the architect and management companies. Owners of a premises have a non-delegable duty to maintain their premises in a safe condition. This means that even if the deck was built 30 years ago, the owners of the deck may be held responsible for construction errors and defects.

If you or a loved one has been injured due to a deck collapse or failure please call for a free consultation at 305-741-LAWS or email us