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Personal Injuries | Miami Personal Injury Lawyer Miami Attorneys

The core mission of personal injury claims is to seek justice and compensation from the expenses incurred due to the injuries. Here at Miami Lawyer Attorney, you’ll find the

Miami Medical Malpractice Lawyer | South Florida Personal Injury

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Past Verdicts and Settlements

The Shaked Law Firm, a Personal Injury law office, located in Miami, has recovered millions of dollars in settlements and verdicts for its clients throughout the State of Florida.  A complete case list of all cases are too numerous to list. The following is a small sampling of The Shaked Law Firm’s settlements and verdicts in which personal injury damages have been recovered for our clients. These results demonstrate the excellent representation provided by the Shaked Personal Injury Law Firm in a variety of case types.

Florida Wrongful Death Act – your rights

Disclaimer:  This is part of the 2008 version of Florida Statutes and it is offered for general information purposes.  The statutes on this site should not be relied on without reviewing your legal situation with an experienced lawyer and making sure you are using the appropriate version of the statute for your case.  The provisions applicable to your potential claim may or may not be the version that was in effect at the time of the incident because some changes to statutes are retroactive and some changes are not.  Other statutes and other case law interpreting or applying these statutes may also apply to your case.

(The information on this site applies to Florida only)

768.16  Wrongful Death Act.–Sections 768.16-768.26 may be cited as the “Florida Wrongful Death Act.”

History.–s. 1, ch. 72-35; s. 105, ch. 2003-1.

768.17  Legislative intent.–It is the public policy of the state to shift the losses resulting when wrongful death occurs from the survivors of the decedent to the wrongdoer. Sections 768.16-768.26 are remedial and shall be liberally construed.

History.–s. 1, ch. 72-35; s. 106, ch. 2003-1.

768.18  Definitions.–As used in ss. 768.16-768.26:

(1)  “Survivors” means the decedent’s spouse, children, parents, and, when partly or wholly dependent on the decedent for support or services, any blood relatives and adoptive brothers and sisters. It includes the child born out of wedlock of a mother, but not the child born out of wedlock of the father unless the father has recognized a responsibility for the child’s support.

(2)  “Minor children” means children under 25 years of age, notwithstanding the age of majority.

(3)  “Support” includes contributions in kind as well as money.

(4)  “Services” means tasks, usually of a household nature, regularly performed by the decedent that will be a necessary expense to the survivors of the decedent. These services may vary according to the identity of the decedent and survivor and shall be determined under the particular facts of each case.

(5)  “Net accumulations” means the part of the decedent’s expected net business or salary income, including pension benefits, that the decedent probably would have retained as savings and left as part of her or his estate if the decedent had lived her or his normal life expectancy. “Net business or salary income” is the part of the decedent’s probable gross income after taxes, excluding income from investments continuing beyond death, that remains after deducting the decedent’s personal expenses and support of survivors, excluding contributions in kind.

History.–s. 1, ch. 72-35; s. 66, ch. 77-121; s. 40, ch. 77-468; s. 1, ch. 81-183; s. 3, ch. 89-61; s. 1, ch. 90-14; s. 1167, ch. 97-102; s. 107, ch. 2003-1.

768.19  Right of action.–When the death of a person is caused by the wrongful act, negligence, default, or breach of contract or warranty of any person, including those occurring on navigable waters, and the event would have entitled the person injured to maintain an action and recover damages if death had not ensued, the person or watercraft that would have been liable in damages if death had not ensued shall be liable for damages as specified in this act notwithstanding the death of the person injured, although death was caused under circumstances constituting a felony.

History.–s. 1, ch. 72-35.

768.20  Parties.–The action shall be brought by the decedent’s personal representative, who shall recover for the benefit of the decedent’s survivors and estate all damages, as specified in this act, caused by the injury resulting in death. When a personal injury to the decedent results in death, no action for the personal injury shall survive, and any such action pending at the time of death shall abate. The wrongdoer’s personal representative shall be the defendant if the wrongdoer dies before or pending the action. A defense that would bar or reduce a survivor’s recovery if she or he were the plaintiff may be asserted against the survivor, but shall not affect the recovery of any other survivor.

History.–s. 1, ch. 72-35; s. 1168, ch. 97-102.

768.21  Damages.–All potential beneficiaries of a recovery for wrongful death, including the decedent’s estate, shall be identified in the complaint, and their relationships to the decedent shall be alleged. Damages may be awarded as follows:

(1)  Each survivor may recover the value of lost support and services from the date of the decedent’s injury to her or his death, with interest, and future loss of support and services from the date of death and reduced to present value. In evaluating loss of support and services, the survivor’s relationship to the decedent, the amount of the decedent’s probable net income available for distribution to the particular survivor, and the replacement value of the decedent’s services to the survivor may be considered. In computing the duration of future losses, the joint life expectancies of the survivor and the decedent and the period of minority, in the case of healthy minor children, may be considered.

(2)  The surviving spouse may also recover for loss of the decedent’s companionship and protection and for mental pain and suffering from the date of injury.

(3)  Minor children of the decedent, and all children of the decedent if there is no surviving spouse, may also recover for lost parental companionship, instruction, and guidance and for mental pain and suffering from the date of injury. For the purposes of this subsection, if both spouses die within 30 days of one another as a result of the same wrongful act or series of acts arising out of the same incident, each spouse is considered to have been predeceased by the other.

(4)  Each parent of a deceased minor child may also recover for mental pain and suffering from the date of injury. Each parent of an adult child may also recover for mental pain and suffering if there are no other survivors.

(5)  Medical or funeral expenses due to the decedent’s injury or death may be recovered by a survivor who has paid them.

(6)  The decedent’s personal representative may recover for the decedent’s estate the following:

(a)  Loss of earnings of the deceased from the date of injury to the date of death, less lost support of survivors excluding contributions in kind, with interest. Loss of the prospective net accumulations of an estate, which might reasonably have been expected but for the wrongful death, reduced to present money value, may also be recovered:

1.  If the decedent’s survivors include a surviving spouse or lineal descendants; or

2.  If the decedent is not a minor child as defined in s. 768.18(2), there are no lost support and services recoverable under subsection (1), and there is a surviving parent.

(b)  Medical or funeral expenses due to the decedent’s injury or death that have become a charge against her or his estate or that were paid by or on behalf of decedent, excluding amounts recoverable under subsection (5).

(c)  Evidence of remarriage of the decedent’s spouse is admissible.

(7)  All awards for the decedent’s estate are subject to the claims of creditors who have complied with the requirements of probate law concerning claims.

(8)  The damages specified in subsection (3) shall not be recoverable by adult children and the damages specified in subsection (4) shall not be recoverable by parents of an adult child with respect to claims for medical negligence as defined by s. 766.106(1).

History.–s. 1, ch. 72-35; s. 2, ch. 81-183; s. 1, ch. 85-260; s. 2, ch. 90-14; s. 1169, ch. 97-102; s. 1, ch. 2002-44; s. 66, ch. 2003-416.

768.22  Form of verdict.–The amounts awarded to each survivor and to the estate shall be stated separately in the verdict.

History.–s. 1, ch. 72-35.

768.23  Protection of minors and incompetents.–The court shall provide protection for any amount awarded for the benefit of a minor child or an incompetent pursuant to the Florida Guardianship Law.

History.–s. 1, ch. 72-35.

768.24  Death of a survivor before judgment.–A survivor’s death before final judgment shall limit the survivor’s recovery to lost support and services to the date of his or her death. The personal representative shall pay the amount recovered to the personal representative of the deceased survivor.

History.–s. 1, ch. 72-35; s. 1170, ch. 97-102.

768.25  Court approval of settlements.–While an action under this act is pending, no settlement as to amount or apportionment among the beneficiaries which is objected to by any survivor or which affects a survivor who is a minor or an incompetent shall be effective unless approved by the court.

History.–s. 1, ch. 72-35.

768.26  Litigation expenses.–Attorneys’ fees and other expenses of litigation shall be paid by the personal representative and deducted from the awards to the survivors and the estate in proportion to the amounts awarded to them, but expenses incurred for the benefit of a particular survivor or the estate shall be paid from their awards.

History.–s. 1, ch. 72-35.

If you have lost a loved as a result of another’s negligence, please contact the personal injury lawyers of the Shaked Law Firm, P.A. in Miami, Florida for a free consultation about your case.

Motorcycle Accidents – You need an injury lawyer

Who acts first after a motorcycle accident can make a difference.  Insurance companies immediately hire investigators and adjuster to visit the scene and secure witness statements and so should you.  The Shaked Law Firm our experienced trial lawyers with knowledge it takes to get the settlement you deserve. 

Determining who is legally responsible in a traffic accident depends upon the carelessness, among other factors, of the alleged wrongdoer.  In freeway and highway traffic accidents, state traffic laws, like the Florida Motor Vehicle laws, provide the rules of the road.  Violating these rules and then causing a collision could create a rebut-able presumption of negligence – aka negligence per se – and ultimate liability. In many situations, car operators could be liable for a traffic accident even if they were driving at or below the posted speed limit, or otherwise obeying the laws of the state. This is because, for example, a “safe” speed and not the posted speed is what is required for a responsible driver. Another example would be foggy conditions, or cases where the sun is in the car driver’s eyes, impairing visibility.

These conditions would require extra care and caution when driving on the road, like pulling over to the curb when safe, or driving slower.

Find Your Florida Motorcycle Attorneys Now!

At the Shaked Law Firm, Miami Injury Lawyers, our staff of seasoned personal injury lawyers litigate freeway accidents and highway accidents throughout Florida, with local attorneys in Dade, Broward, and Palm Beach Counties. These include injuries to riders of motorcycles.

Injuries from Motorcycle accidents are not the same as those in an enclosed passenger car with seat-belts and airbags. In fact,they are not even close. Motorcycles are usually two wheeled vehicles that will usually eject the rider in a high speed crash, or low speed crash. Even pads and helmets do little to protect the motorcycle riders in a crash. This can leave the rider with a ruptured disc, a serious brain injury, or even result in wrongful death. Because we are motorcycle attorneys with vast knowledge of tort laws, we can help guide you through the legal quagmire that other motorcycle accident attorneys either don’t have the time, or the desire to take on when valuating your damages claims.

 The local attorneys at the Shaked Law Firm are experienced trial and injury attorneys who will aggressively litigate your case to make sure you recover the maximum damages allowable under the law. These damages include, monetary compensation for mental and physical pain and suffering. Our experienced staff of legal professionals know exactly what we need to do in order to maximize the value of your case. Your medical doctors and hospitals need to be paid for and the wrongdoer should be forced to pay under our tort system.

 

This avoids self help, like the days of the wild west. In a civilized society such as ours, the evil doer pays for his/her neglience in money damages, i.e., a settlement or jury trial. We work with the very best and most talented experts to investigate your case and learn the finer points of your individual fact
patterns.

 

Our legal team has vast legal knowledge of the anatomy of motorcycle accidents. You should know your legal rights if you have injured yourself while riding a motorcycle. Don’t guess at the value of your case!

If you have been seriously injured in a motorcycle accident in Miami or Broward County, our attorney hot-line is available 24 hours for your telephone call at (877) LAW-0080, (305) 937-0191 or e-mail. We will provide you with a free consultation.  We are experienced motorcycle accident injury attorneys who can help you. Our law firm litigates personal injury cases on a contingency fee basis. If we do not recover for you, we don’t charge you a fee.

Please visit our website dedicated to motorcycle riders (www.personalinjuryrider.com) to read more about about our experienced motorcycle attorneys, our Motorcycle Accident Articles, Motorcycle Accident Resources; and learn about the anatomy of these accidents and how to file a motorcycle insurance claim.

Wrongful Death

Personal Injury Law Firm: Practice Areas

Pool Drains Remain Unsafe Despite New Florida Regulations

Another swimming pool accident occurs in Miami, Florida. On August 24, 2009, a child’s arm was sucked into a pool drain at a Key Biscayne Condo (Key Colony Condominiums). The rescue workers used jackhammers and respirator equipment to save the girl’s life a frightening reminder about the continued problem of pool drain safety around the country.

“My heart really sank,” said Florida Congresswoman Debbie Wasserman-Schultz when she saw video broadcast the morning the rescue workers were trying to free a three-year-old girl when her arm got trapped in a skimmer drain. “The number two killer of children under 14 in this country to accidental death is drowning in swimming pools.”

The girl is in stable condition after she was airlifted to a local hospital.

An ABC News investigation last summer highlighted the risks of small, flat drain covers at public pools. Producers and interns from the ABC Investigative Unit and from affiliates in San Francisco, San Diego and Orlando showed improper drain covers and dangerous drains from hotels, apartments and municipal pools all over the country.

Wasserman-Schultz, a mother of three, was a key player in the 2007 passage of the Virginia Graeme Baker Pool and Spa Safety Act, which required updated domed or large, flat covers and better safety regulations for public pools and spas in the U.S.

According to Paul Pennington, a pool safety expert, the advantage of new domed-shaped drains or large flat drains is that it makes it much harder for a skimmer to create the dangerous vacuum effect. A domed drain cover is not only “the kind of drain cover that is required” by the new law, but Pennington said, “you should want to put it in.”

Wasserman-Shultz said these new anti-suction drain types would have prevented this morning’s incident in Key Biscayne. “The fact that this little girl got her arm stuck in the powerful suction of the skimmer is just another example of how powerful the suction is without safety equipment and these are pools that should be shut down,” she said.

Pools at apartment complexes and condos, like this accident, are considered public and are subject to the new law.

Federal Law
Experts and legislators alike show frustration and disappointment with the new law’s enforcement around the nation and, for Wasserman-Schultz, this accident in Key Biscayne exacerbates fears about the larger picture of the law’s lack of compliance.

“My first thought was, ‘Oh my God, I hope this pool was in compliance.’ But my fear is that it wasn’t and that this accident was entirely avoidable,” she told ABC News.com.

“There are hundreds of accidents every year where children drown in pools and states that are resisting enforcing the Virginia Graeme Baker Act are essentially putting the public at risk,” Wasserman-Shultz said. “To turn the other cheek and ignore a federal law that’s been on the books to require these pools to be compliant for over a year is unconscionable.”

Motorcycle Accident Causes and Factors In Florida

In 2008 about 4,935 people were killed riding motorcycles of different kinds. A recent study of motorcycle accidents analyzed data from thousands of accidents and reached several conclusions. Among the findings, were several ways for bikers to avoid accidents. As a courtesy to riders all of the country, the Shaked Law Firm along with personalinjuryrider.com, bring you the findings from the study:

1. Approximately three-fourths of these motorcycle accidents involved collision with another vehicle, which was most usually a passenger automobile.
2. Approximately one-fourth of these motorcycle accidents were single vehicle accidents involving the motorcycle colliding with the roadway or some fixed object in the environment.
3. Vehicle failure accounted for less than 3% of these motorcycle accidents, and most of those were single vehicle accidents where control was lost due to a puncture flat.
4. In the single vehicle accidents, motorcycle rider error was present as the accident precipitating factor in about two-thirds of the cases, with the typical error being a slide out and fall due to over braking or running wide on a curve due to excess speed or under-cornering.
5. Roadway defects (pavement ridges, potholes, etc.) were the accident cause in 2% of the accidents; animal involvement was 1% of the accidents.
6. In the multiple vehicle accidents, the driver of the other vehicle violated the motorcycle right-of-way and caused the accident in two-thirds of those accidents.
7. The failure of motorists to detect and recognize motorcycles in traffic is the predominating cause of motorcycle accidents
8. The driver of the other vehicle involved in collision with the motorcycle did not see the motorcycle before the collision, or did not see the motorcycle until too late to avoid the collision.
9. Deliberate hostile action by a motorist against a motorcycle rider is a rare accident cause
10. The most frequent accident configuration is the motorcycle proceeding straight then the automobile makes a left turn in front of the oncoming motorcycle.
11. Intersections are the most likely place for the motorcycle accident, with the other vehicle violating the motorcycle right-of-way, and often violating traffic controls.
12. Weather is not a factor in 98% of motorcycle accidents.
13. Most motorcycle accidents involve a short trip associated with shopping, errands, friends, entertainment or recreation, and the accident is likely to happen in a very short time close to the trip origin.
14. The view of the motorcycle or the other vehicle involved in the accident is limited by glare or obstructed by other vehicles in almost half of the multiple vehicle accidents.
15. Conspicuity of the motorcycle is a critical factor in the multiple vehicle accidents, and accident involvement is significantly reduced by the use of motorcycle headlamps (on in daylight) and the wearing of high visibility yellow, orange or bright red jackets
16. (Note: the statistics which have just been released here in Australia – August 1996, DO NOT SHOW that “Lights on” legislation has worked!)
17. Fuel system leaks and spills were present in 62% of the motorcycle accidents in the post-crash phase
18. This represents an undue hazard for fire.
19. The median pre-crash speed was 29.8 mph, and the median crash speed was 21.5 mph, and the one-in-a-thousand crash speed is approximately 86 mph.
20. The typical motorcycle pre-crash lines-of-sight to the traffic hazard portray no contribution of the limits of peripheral vision; more than three- fourths of all accident hazards are within 45 degrees of either side of straight ahead.
21. Conspicuity of the motorcycle is most critical for the frontal surfaces of the motorcycle and rider.
22. defects related to accident causation are rare and likely to be due to deficient or defective maintenance.
23. Motorcycle riders between the ages of 16 and 24 are significantly over-represented in accidents; motorcycle riders between the ages of 30 and 50 are significantly under represented
24. Although the majority of the accident-involved motorcycle riders are male (96%), the female motorcycle riders are significantly over represented in the accident data.
25. Craftsmen, laborers, and students comprise most of the accident-involved motorcycle riders
26. Professionals, sales workers, and craftsmen are under represented and laborers, students and unemployed are over- represented in the accidents.
27. Motorcycle riders with previous recent traffic citations and accidents are over represented in the accident data.
28. T he motorcycle riders involved in accidents are essentially without training; 92% were self-taught or learned from family or friends
29. Motorcycle rider training experience reduces accident involvement and is related to reduced injuries in the event of accidents.
30. More than half of the accident-involved motorcycle riders had less than 5 months experience on the accident motorcycle, although the total street riding experience was almost 3 years
31. Motorcycle riders with dirt bike experience are significantly under represented in the accident data.
32. Lack of attention to the driving task is a common factor for the motorcyclist in an accident.
33. Almost half of the fatal accidents show alcohol involvement.
34. Motorcycle riders in these accidents showed significant collision avoidance problems
35. Most riders would over brake and skid the rear wheel, and under brake the front wheel greatly reducing collision avoidance deceleration
36. The ability to counter steer and swerve was essentially absent.
37. The typical motorcycle accident allows the motorcyclist just less than 2 seconds to complete all collision avoidance action.
38. Passenger-carrying motorcycles are not over represented in the accident area.
39. The driver of the other vehicles involved in collision with the motorcycle are not distinguished from other accident populations except that the ages of 20 to 29, and beyond 65 are over represented
40. Also, these drivers are generally unfamiliar with motorcycles.
41. The large displacement motorcycles are under represented in accidents but they are associated with higher injury severity when involved in accidents.
42. Any effect of motorcycle color on accident involvement is not determinable from these data, but is expected to be insignificant because the frontal surfaces are most often presented to the other vehicle involved in the collision.
43. Motorcycles equipped with fairings and windshields are under represented in accidents, most likely because of the contribution to conspicuity and the association with more experienced and trained riders.
44. Motorcycle riders in these accidents were significantly without motorcycle license, without any license, or with license revoked.
45. Motorcycle modifications such as those associated with the semi-chopper or cafe racer are definitely over represented in accidents.
46. The likelihood of injury is extremely high in these motorcycle accidents-98% of the multiple vehicle collisions and 96% of the single vehicle accidents resulted in some kind of injury to the motorcycle rider; 45% resulted in more than a minor injury.
47. Half of the injuries to the somatic regions were to the ankle-foot, lower leg, knee, and thigh-upper leg.
48. Crash bars are not an effective injury countermeasure; the reduction of injury to the ankle-foot is balanced by increase of injury to the thigh-upper leg, knee, and lower leg
49. 38.The use of heavy boots, jacket, gloves, etc., is effective in preventing or reducing abrasions and lacerations, which are frequent but rarely severe injuries.
50. Groin injuries were sustained by the motorcyclist in at least 13% of the accidents, which typified by multiple vehicle collision in frontal impact at higher than average speed.
51. Injury severity increases with speed, alcohol involvement and motorcycle size.
52. Seventy-three percent of the accident-involved motorcycle riders used no eye protection, and it is likely that the wind on the unprotected eyes contributed in impairment of vision which delayed hazard detection.
53. Approximately 50% of the motorcycle riders in traffic were using safety helmets but only 40% of the accident-involved motorcycle riders were wearing helmets at the time of the accident.
54. Voluntary safety helmet use by those accident-involved motorcycle riders was lowest for untrained, uneducated, young motorcycle riders on hot days and short trips.
55. The most deadly injuries to the accident victims were injuries to the chest and head.
56. The use of the safety helmet is the single critical factor in the prevention of reduction of head injury; the safety helmet which complies with FMVSS 218 is a significantly effective injury countermeasure.
57. Safety helmet use caused no attenuation of critical traffic sounds, no limitation of pre crash visual field, and no fatigue or loss of attention; no element of accident causation was related to helmet use.
58. FMVSS 218 provides a high level of protection in traffic accidents, and needs modification only to increase coverage at the back of the head and demonstrate impact protection of the front of full facial coverage helmets, and insure all adult sizes for traffic use are covered by the standard.
59. Helmeted riders and passengers showed significantly lower head and neck injury for all types of injury, at all levels of injury severity.
60. The increased coverage of the full facial coverage helmet increases protection, and significantly reduces face injuries.
61. There is not liability for neck injury by wearing a safety helmet; helmeted riders had less neck injuries than unhelmeted riders
62. Only four minor injuries were attributable to helmet use, and in each case the helmet prevented possible critical or fatal head injury.
63. Sixty percent of the motorcyclists were not wearing safety helmets at the time of the accident
64. Of this group, 26% said they did not wear helmets because they were uncomfortable and inconvenient, and 53% simply had no expectation of accident involvement.
65. Valid motorcycle exposure data can be obtained only from collection at the traffic site
66. Motor vehicle or driver license data presents information which is completely unrelated to actual use.
67. Less than 10% of the motorcycle riders involved in these accidents had insurance of any kind to provide medical care or replace property.

Sagi Shaked

SAGI SHAKED actively litigates cases involving catastrophic injuries, and wrongful death on behalf of the victims and their families. These cases include vehicular collision, product liability, medical negligence, nursing home abuse/neglect, trucking catastrophe, industrial manufacturers, insurance disputes, premises liability, drowning victims, airline accident, burn victims, and others. At age of 28, Mr. Shaked was one of the youngest lawyers in the United States to achieve a multi-million dollar verdict for a single personal injury lawsuit.  Mr. Shaked is a Florida Bar Board Certified Civil Trial Lawyer.

In 2009, Mr. Shaked obtained a five million dollar ($5,000,000.00) settlement for his client in a medical malpractice case.  This multi-million dollar settlement is believed to be 1 of a handful of multi-million dollar settlements in medical malpractice cases since the Florida Legislature put caps on medical malpractice cases years ago.

Mr. Shaked is a Founding Partner of the Shaked Law Firm, P.A. He is a graduate of Florida International University, where he received his B.S. with honors in 1996. In 1999 he graduated with honors from Nova Southeastern University Shepard Broad Law Center.

Mr. Shaked is a member of the Florida Justice Association formerly known as the Academy of Florida Trial Lawyers. He is the immediate past chair of the Young Lawyers Section for the Flordia Justice Association. He has chaired numerous committees with the Dade County Bar Association. He successfully completed a three year term as Board member for the Dade County Bar Association. He is an active member of the Board of Director for Miami-Dade Justice Association formerly known as the Dade County Trial Lawyers Association. Mr. Shaked is an EAGLE Friend member of the Academy of Florida Trial Lawyers.   Mr. Shaked is a member of the distinguished Southern Trial Lawyers Association (STLA), American Association for Justice (AAJ), and The American Trial Lawyers Association (ATLA).  In addition, Mr. Shaked has been named one of the state’s top “Up & Coming Attorneys” in the State of Florida by the South Florida Legal Guide in 2005-2009.

Mr. Shaked is admitted to practice before the United States District Court for the Northern and Southern Districts, United States Court of Appeals for the Eleventh Circuit, District of Columbia, Supreme Court of Florida, and all state courts within Florida.

Mr. Shaked is fluent in English and Hebrew.

Florida Bus Accident: DUI suspected in van/bus collision; 2 hurt

Two people, including a high school student, were hospitalized after a collision between a school bus and van. The accident occurred on Tuesday, May 11, 2010 in Brownsville, Florida, according to information provided by the Pensacola News Journal.

Reports indicate an Escambia County school bus was taking Pine Forest High School students home when the bus-van wreck occurred.

A van, whose driver was unidentified, was reportedly traveling northbound on Green Street. The bus, whose driver was also unidentified, was traveling westbound on West Avery. At approximately 12:40 p.m., the van sideswiped the driver’s side of the school bus for unknown reasons.

According to 25-year-old Justin Warner, “I ran up there to see if anyone was hurt then called 911… People do at least 40 (mph) around this corner everyday; it’s dangerous.” Warner was apparently smoking a cigarette outside his home when he witnessed the accident.

Emergency medical services (EMS) teams arrived at the scene to rush a student and the bus driver’s assistant to Sacred Heart Hospital. The extent of their injuries was not immediately clear.

The driver of the van managed to escape injury in the crash but was subsequently arrested. Officials from the Florida Highway Patrol (FHP) allegedly believed alcohol might have been a factor in the collision. It was not stated if the van driver was formally charged with DUI after the incident.

Florida Tops Nation For Car/Truck Accident Scams

Chalk up another dubious distinction for the Sunshine State. Florida now leads the nation when it comes to auto insurance fraud.

While it’s not a new problem in the state it has become worse as residents struggle with the recession and high unemployment. The most common scams involve owners dumping their vehicles in canals because they can no longer afford to pay their bills.

More recently rings began staging accidents so they could bill insurance companies for millions of dollars in bogus claims. According to the National Insurance Crime Bureau, from 2007 to 2009 there were 511 staged accidents in Miami, 562 in Tampa and 422 in Orlando. The NICB adds that nearly one out of every four phony car accidents in the U.S. came out of Florida.

Staged accidents have become such a problem that the NICB has videos on its website to expose how these carefully choreographed scams work.

The financial losses to the insurance companies have been tremendous and the problem is reportedly getting worse.

There have been more than two dozen arrests statewide this year alone for scams involving phony accidents and no one expects this pace to slow down anytime soon.

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