Florida may be in the midst of a crime wave.  A car accident crime wave.  We have covered it on our blog before, but it this topic really does deserve to be continually covered because it affects all of us.  What am I talking about here?  I am talking about staged car accidents of course.  With the down economy, high unemployment, and the promise of a quick payday – there is more incentive now than ever for people to try to take advantage of the system by faking car accidents.  The pay-outs on these accidents affect all of us in the form of increased car insurance premiums, and possibly increased suspicion by insurance companies when filing a legitimate claim.

A recent article by the website tampabay.com gives some insight into the problem.  The website reports that, despite an overall decrease in the number of car crashes in Tampa since 2005, the payouts due to injury increased 70 percent from 2005 to 2008.  Now, why would that happen?  Safety features in cars have improved.  It would stand to reason that car crashes would yield fewer injuries because of these safety improvements.

The main culprit may be the state’s high Personal Injury Protection payout.  At $10,000 per person, it can be a pretty tempting target for scammers.  According to Florida Insurance Commissioner Kevin McCarty, drivers have paid an estimated $900 million more in insurance premiums due to phony accidents.  But, with insurers collecting just $1 for every $1.40 they pay out under PIP claims, the insurers are actually losing money.  And, that is after PIP premiums have been raised by 50% or more by many companies.

Here is South Florida the staged accident is a well-known phenomenon.  There are actually companies under investigation which pose as attorneys looking to assist those that have been involved in an accident.  The companies pose as car accident attorneys.  Some of these services are actually chiropractors or other medical professionals who are looking to treat the injured and get some, or all, of the PIP money.  So, in essence, the charge is that some of these companies, which advertise day and night on radio and TV – are nothing more than scammers themselves.

Now, officials are calling on the state government to make changes necessary to curb the problem.  A report, set to be released on Tuesday, is being prepared by a work group which was formed by Florida’s insurance consumer advocate.  The report will suggest ways to help crack down on fraud and protect insurers and drivers.

This may be a good first step, but it is important to balance law enforcement, cracking down on fraud, and protecting the rights of those involved in legitimate auto accidents.

Primary Source: http://www.tampabay.com/opinion/editorials/lawbreakers-taking-florida-for-a-ride/1199285

Alright, tomorrow is the big day.  It is the day that I consider to be the unofficial first day of the holiday season.  It’s Halloween!  While the adults are getting ready to go out and party it up at some of he hottest night spots on the planet – the kids are no doubt looking forward to going out and getting as much candy in their bags, and bellies, as possible.

So, in the interest of good ole Halloween, we here at the Hickey Law Firm would like to give some safety tips – just because we’d like to see you all celebrate this little holiday in safety.

Most of these tips are common sense, but they are worth repeating anyhow. The ideas for this list were taken from http://www.halloween-safety.com/halloween.

For Children

—First thing first – make use of the internet by checking out the area in which you intend to take the little ones trick-or-treating.  The net can tell you a lot about an area, including crime stats.  You can map a route so that you wont get lost if you are in unfamiliar territory.  But, most of all, check the area of sex offenders.  That’s right.  Sex offenders have to register with the authorities, then that information is placed in easy to use interfaces such as maps.  Make use of them and avoid those homes.

—Go out trick-or-treating with younger children.  How old is old enough to go out alone?  Every parent has to make that judement call.  But, sufficec to say, parents should accompany most pre-teens out on the trick-or-treat chase.

—For those of you that have children that are old enough to go out alone, talk to them about safety and making good decisions.  Talk to your kids about avoiding peer pressure, not drinking (especially drinking and driving), and generally staying out of trouble.  Kids these days probably know that it can be very dangerous out there, but it doesn’t hurt to give them a few safety tips as well.  Never forget, kids listen to their parents, even when it seems they don’t.

—Of particular importance is teaching your children not to make themself vulnerable to strangers – especially by getting into the car with a stranger, or entering into their homes.  This second point can be difficult to obey when you are a kid. Most people that invite a child into their home on Halloween means well.  But, it is not worth the risk.  Instruct your child to politely decline any offer to come inside.

–Before consuming candy, inspect it to ensure it is properly wrapped and had not been tampered with.

For Adults

—Don’t Drink and Drive!

—Don;t overdo it.  It is very easy to get into the spirit of the party and drink too much.  Of course, the idea is to have fun, but many bad things can happen when alcohol is consumed in high quantities.  Use moderation.

— Be aware of your surroundings.  Be sure to keep an eye on your drink, and don’t leave your drink unattended while you go elsewhere.

In the end, most of us will go out on this little holiday, and have a great time.  Follow these, and other, common-sense tips – and have a great Halloween!

Living in South Florida, after a while you hear everything – twice.  Several weeks ago I covered a story in which a man targeted a car accident scene – attempting to carjack a woman who had witnessed the accident and pulled over to assist the police.  Apparently sensing an easy target, the man attempted to carjack the woman, only to be eventually apprehended by the police officer on the scene.  Yes, you read that right.  There was a police officer on the scene.  Now, it has happened again.

This past Thursday, early in the morning, an announcement went out from the Florida Highway Patrol to “be on the lookout” for a 2006 black BMW.  The car had been last seen traveling westbound on Interstate 75.

Why were they looking for this car, you ask?  Well, it had allegedly been stolen from a Broward County crash scene.

Eventually, a Miami man, 35 year old Richard Jouel Abraham was arrested for stealing the car from the crash scene – and in what was a totally unsurprising twist, he was also found to be driving under the influence.  As of Friday, he was still in police custody.

These sorts of stories raise so many questions.   I am sure many of them will be answered in time, but for now – let’s just wonder.

First of all, how was the man able to get access to the car at the crash scene?  Did this car have any damage?  Was it involved in the crash in any way?  Was the man involved in the crash?  How did he get on the crash scene in the first place?

I think the biggest question that comes to mind is – what was this guy thinking?  I mean, sure, he was intoxicated.  I get that.  But, seriously?  Stealing a car from a crash scene?  Oh well, that’s Miami.

Primary Source: http://www.nbcmiami.com/news/local/miami-132793313.html

In what is a very rare occurrence – a police officer has been arrested for reckless driving, while driving his squad car.  The arrest, which was made a gunpoint, followed a seven minute chase, in which a Florida Highway Patrol officer pursued a Miami Police officer, after clocking him at driving 120 miles per hour and making a dangerous lane change.

The Miami Police officer, Fausto López, 35, was driving at excessive speeds – reportedly because he was running late for his second job as an off duty officer.

Spanish language TV station Univision first broke the story about the incident, which is said to have started at about 6:28am on October 11.  The Florida Highway Patrol officer, identified as D.J. Watts, saw a Miami patrol car switching lanes in a dangerous manner, but was reportedly unable to initially approach the car because of its high rate of speed.

A few minutes later, at about 6:33 a.m., Watts was able to catch up to López.  She pulled behind López’s car, and activated her lights and siren in an attempt to execute a traffic stop.  López allegedly ignored the warnings initially – taking over seven minutes to finally pull over.

Here is where things get interesting, and scary.  Because of the chase and the driver’s refusal to stop – FHP officer Watts drew her gun as she approached the now pulled-over López.  In video obtained by Univision – the FHP dash cam recording shows Watts approaching López’s car with her gun drawn.

“She drew her gun for her own safety based on the actions of the driver,” said Sgt. Mark Wysocky, an FHP spokesman in Broward.

Thankfully, despite being armed himself, there was no violence at the scene of the traffic stop.  Watts ordered López out of the vehicle, where he was handcuffed.

López was released, and has been criminally charged with reckless driving.  Because the charge amounts to a second-degree misdemeanor -according to the Miami Police Department’s Commander Delrish Moss – López is still assigned to regular duty “because at this point it’s a traffic offense.

Primary Source: http://www.miamiherald.com/2011/10/28/2477365/miami-officer-arrested-at-gunpoint.html#ixzz1cJ70ysma

Today’s blog post is a bit informational.  We will go over some of the kinds of cases we see here at the Hickey Law Firm, and make the case as to why you should chose us if you have a serious accident or sexual assault case in the state of Florida, or on a cruise ship.

So often, when something serious happens, the victim does not know what to do or who to call for help.  Sure, usually the first thing you should do is to call 911 if someone is hurt.  But, then what?  What kinds of situations should involve an attorney?  How is it determined if you have a case or not?

These are good questions.  The best bet is – if you think an attorney may be able to help you – give one a call.  Here are some of the more common cases we see here at the Hickey Law Firm:

1. Cruise Ship related cases – These can be anything from a cruise ship slip and fall, to a sexual assault on a cruise ship by a passenger or crew member, to getting hurt while on a cruise ship sponsored excursion.  After contacting the appropriate emergency response personnel, and the authorities, call us.

Sometimes it can be difficult to determine who to contact.  For instance, you can’t really call 911 when you are in a foreign country or on a cruise ship.  Not to worry, each cruise line is responsible for making available to each passenger specific instructions on who to contact if you are hurt.

2. Serious auto accidents in Florida – If you or someone you know are involved in a serious auto, truck, or bus accident anywhere in the state of Florida, give us call immediately after seeking medical treatment.  Even if you feel you are at fault, call the Hickey Law Firm for legal assistance.

3. Product recall related injury and illness -Many people don’t know that there maybe liability on the part of a manufacturer or company when they sell defective or dangerous products and merchandise.  For example, recently over 20 people died after eating contaminated melons.  These people’s loved ones should definitely contact an attorney.  If you find you are ever the victim or a dangerous product or merchandise – call us immediately.

There are many other types of cases we handle here at Hickey Law Firm.  In the coming weeks and months, we will profile others.

Thanks for reading.

Here is another one of those sad, but happy, but all around strange stories that we are so used to here in Florida.  Florida authorities are suggesting that a baby involved car crash, in which the car wound up in a local lake, may have been saved by the diaper she was wearing.  Apparently, the buoyancy of her diaper may have allowed the baby not to sink in the lake, eventually leading to her life being saved.

At first glance, this seems to be a happy story, and it is in part.  However, after having an argument, which was reportedly very violent, the parents of the baby Catherine Copeland, 33, and Sandro Michel, 27, crashed the car into the lake, where the Michel drowned.  The baby, Sariyah Michel, 3, and her mother were rescued.

The altercation, which began at a local RaceTrac gas station, must have been violent indeed – because it caused bystanders to call 911.

The thought as to why the car went off the road centers on Michel’s fear that he would go to jail if caught.  He apparently would not allow Copeland to slow the car down, slamming his foot on the gas.

According to a news release from the Broward Sheriff’s Office “Her husband was hitting her as she was driving causing her to lose control of the car.” Out of control the car crashed into an embankment and plunged into the water.

When deputies arrived on the scene they were able to help the mother, and save the baby, but the father was found dead in the submerged car.

They didn’t see baby Sariyah at first, but then her pamper popped up out of the water, “like a cork.”

Michel was reportedly under court order not to have any contact with Copeland.  He was also on probation for a domestic battery charge

The Broward Sheriff’s Office said homicide detectives are still investigating the case.

Primary Source:  http://abcnews.go.com/blogs/headlines/2011/10/diaper-saves-toddlers-life-in-accident-that-killed-father/

When I moved to Miami about a year and a half ago – I quickly learned that living here seemed to be about 10-15% more expensive than living in my native Maryland.  The rent is a little higher.  The gas seemed to be a little higher.  Even the car insurance went up.  I couldn’t really understand why there was a difference in price.  Isn’t the South supposed to be cheaper? I thought.  But, after I learned about the way insurance is treated in the Miami area, I really did begin to understand why that monthly expense went up.

Here in Miami (and throughout Florida) the Personal Injury Protection part of insurance has a minimum of $10,000.  Back home in Maryland, it was either $2000 or $2500.  I’ll never forget how, when I arrived here, I heard commercial after commercial after commercial on the radio about car accident help.  When I later realized about the PIP difference between here and Maryland, it made sense.  There seems to be four or five times the incentive to get in a traffic accident in Florida than in Maryland.  In other words, such high payouts seem to present an easy paycheck to criminals.

Take the case of five suspects that have been arrested recently for allegedly running a staged accident scheme in Miami.  The phony accidents r reportedly resulted in $83,000 in fraudulent insurance claims, according to Florida Chief Financial Officer Jeff Atwater.

Investigators found that the participants had gotten together to concoct the scheme.  After the fake accident, fake claims were submitted to four insurance companies after the participants had received treatment for their made-up injuries at Doral Center Rehab and Justin Medical Services.

The charged include Mario J. Chavez – 53, Robin Nelson Campanioni Jr. 23, Jorge J. Mota- 27, Naime Basnueva Lastre -24 and Eduardo Figueredo – 44.

Since we all wind up paying for these kinds of crimes, it is a good thing when such fraudsters are caught.  Even the penalty for this crime is particularly stiff – with each participant facing up to 35 years in prison.

The state has also tried to give an incentive to those that turn in people involved in an insurance scam, with rewards up to $25,000.  Anyone with information on suspected insurance fraud can call 800-378-0445

Written by Avon Alexander for Hickey Law Firm

Wow!  What a way to follow up on our report just day or two ago about how dangerous teen driving can be.  We were just discussing the dangers of teen driving, especially in the first month after getting their license.  Now, there is a report out in the Miami Herald about a University of Miami student who is being charged with dunk-driving manslaughter.

Ivanna Victoria Villanueva is reported to have had a blood alcohol level nearly triple the legal limit when she crashed a car she was driving, which ultimately took the life of 68 year old Eyder Ayala – a mother of 5 and grandmother of 7.  Villanueva has been charged with DUI manslaughter, which has a 15-year maximum sentence.

This takes us back to the story we ran 2 days ago.  Parents have to be involved with the driving decisions that are made by teens.  While it is true that Villanueva was 19 at the times of the crash, and probably fell outside the direct oversight of her parents, there may have been an opportunity for her parents to prevent this kind of behavior by instilling better habits in their daughter earlier on.  Reports say that she was driving her father’s car – and partying at a fancy night club.

This is not to indict her parents, or to call her upbringing into question. The point is really to say that when such a thing happens, one needs to look at all factors, and parents are often one of them.

The report out regarding this incident is all too common.  According to Coral Gables police, on Oct. 3, Villanueva, driving her dad’s Audi A5, when she ran into Ayala, who was driving a Ford Focus.  The crash killed Ayala immediately.

Also unsurprisingly, Villanueva was found to have several fake IDs in her possession – which allowed her to get into high-class night clubs and drink.

This story is all around sad.  A woman is dead, and a young woman many have ruined her own life as well.  Let this be a wake-up call.  Parents and the community should do all it can to help support young drivers, and young people in general, and steer them in the right direction.

Primary Source: http://www.miamiherald.com/2011/10/24/2470865/university-of-miami-student-charged.html#ixzz1bnKlXL9d

DUI accidents cause a large number of the fatal accidents that occur on the nation’s roadways every year.   In Florida alone, literally thousands of people die every decade in accidents that involve a drunk driver.  Sometimes it is the diver themselves that get killed, and other times it is their passenger or those in the other cars involved in the crash.

In 2008, there were at least 875 people killed in accidents in which one driver had a blood alcohol level over the legal limit.  This figure is the result of at least 792 total accidents in the state in which at least one of the drivers was driving drunk.

But, these stats do not tell the entire story.  It is reported that the highest number of DUI accidents occurs in the hours right after the closing of clubs and bars – and that Friday and Saturday nights see the most DUI accident activity.   One wonders why people drink and drive – seeing that it can be so dangerous.  But, the answer is clear.

If we are honest, we all know that drinking and driving occurs every day.   You go to a happy hour, or to a dinner, and have a few drinks.  If you are driving alone, that just leaves you to driver yourself home.

This kind of scenario happens tens of thousands of times per month in the state, and millions of times in the country.  So, what can be done?  Here are some tips:Have a designated driver.  This is pretty straight forward.  If you are riding alone, don’t drink.  It’s a mindset.  You don’t have to drink every time in order to have fun.

1. Get a hotel.  Going to South Beach for a night of craziness?  Book a hotel room and walk or take a cab, instead of driving home
2. Take a cab.  This can be very expensive.  But it beats getting into a fatal accident or having your license taken because of a DUI
3. Practice sobriety.  Just go out from time to time without drinking.  Show yourself that you can still have a good time.
4. Plan.  You are less likely to get into trouble if you simply plan before you go out.  Not stopping for a drink on the spur of the moment will help you think the entire situation through more clearly.

Primary Source for Stats: http://www.dui-usa.drinkdriving.org/Florida_dui_drunkdriving_statistics.php

I starkly remember being a teen driver.  I remember once almost getting into a horrible accident as I was learning to drive.  I was pulling out of a parking lot, onto a side street.  To my left there were bushes, which had been planted on the property, obscured my view of oncoming traffic.  I pull out a little to have a look to see if anyone was coming from my left, but the bushes blocked my view.  I was going to turn right.  I looked left.  No one is coming, I thought, so I began to make my right turn.  My dad yelled “STOP!”  I slammed on the brakes, just as a car whizzed past.  I was floored.  I could have been killed.  I was 16 at the time.

A new statistic, just released by AAA, is truly sobering.  According to a recent study conducted by the car-and-driver company – teen drivers are approximately 50 percent more likely to crash in the first month of having their license than they are after a full year of experience driving on their own.

I’d day that this stat seems to be spot on, just judging from personal experience.  But, I would also say that teen driving probably stays dicey for far longer than just the first month after beginning to drive alone.  I vividly remember losing about 3 peers in high school to car accidents, and knowing another 3 or 4 that had serious injury in separate incidences.

According to  John Pecchio, Tampa-based manager of AAA Traffic Safety.

“When a teenager gets a leaner’s permit, typically he or she is riding with parents or other adults, usually in the daytime, in reduced traffic areas, on familiar roads – for the most part, we’re finding that it is usually to and from school.”

“But once they get their license, they move on to that next phase: they are often unsupervised, their nighttime driving increases, they travel more on unfamiliar routes and they often have peers in the cars with them, which adds to the distraction. All that plays a large part in explaining that statistic.”

On the AAA web site – TeenDriving.AAA.com – there are pointers for teens and parents to follow, meant to help ensure that teens practice safe driving.    We encourage parents, and their driving aged kids, to visit the site and implement all steps necessary to ensure that teens practice safe driving.

-Written By Avon Alexander for Hickey Law Firm

Primary Source: http://www.sun-sentinel.com/business/os-auto-scscolumn-102311-20111021,0,240128.column