Florida Jury Awards $1.25 Million in Scooter Crash

Plaintiff attorney Adam T. Dougherty.

Plaintiff attorney Adam T. Dougherty.

A jury in Miami-Dade Circuit Court awarded $1.25 million to a Vespa rider who was severely injured when he swerved and fell avoiding a car that cut him off. The pre-suit settlement offer from Liberty Mutual was $25,000.

Attorneys Adam Dougherty of the Dougherty Law Firm in Hollywood, FL, and Gregory Ward of the Ward Law Group in Miami Lakes, FL, successfully represented the 38-year old scooter rider.

Plaintiff Oswaldo Rojas Perez, a construction manager and student, was riding on Biscayne Boulevard in North Miami at 6 pm on April 9, 2014, on his way to an evening class. Defendant Richard Wolfson pulled out of an office building driveway, turned into the right lane in front of Rojas and forced him to swerve left and lay his scooter down.

The car didn’t hit him but he was thrown more than 30 feet and the scooter slid another 80 feet. He injured his neck, shoulders, and back. Rojas had surgeries on both shoulders and a cervical fusion and discectomy. His surgeon testified he will need another cervical fusion and a lumbar fusion as his lower back worsens.

Rojas Perez’ expert in accident reconstruction opined that he was proceeding at about 35 mph in a reasonable and safe manner when Wolfson suddenly emerged in front of him, cutting him off.

Defense attorneys argued that his injuries were pre-existing and not related to the crash, and that Rojas was speeding and caused the crash.

The jury found the defendant liable and awarded $2.5 million, but allocated the fault at 50-50 between the parties.

The case is Oswaldo Rojas Perez v. Richard Wolfson, Case No. 14-14468-CA01.

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California Motorcycle Helmet Laws

File:MAG-39 hosts Motorcycle Rider Preservation Day 2016 160520-M-EZ287-659.jpg

California Motorcycle Helmet Laws

I’m Ed Smith, a Motorcycle Accident Attorney in Sacramento. California is one of just 19 states to require all motorcycle riders to wear helmets. While helmets that are in accordance with federal safety standards have shown to successfully prevent fatal injuries to motorcycle riders, the number of states mandating their use has somehow gone down instead of going up.

This is because many Americans do not want to be micromanaged. The nanny state is not really a favorite for so many.

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Pedestrian Safety Targeted in California


Pedestrian Safety Targeted in California

I’m Ed Smith, a Natomas personal injury lawyer. Pedestrian deaths nationwide went up in 2016 by 11 percent with about 6,000 fatalities. The good news is that the death rate for pedestrians dropped in California. This positive trend can still use a lot of improvement as more people use foot power and bicycles for enjoyment and to get to work.

California Pedestrian Fatalities

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Avoiding Accidents with Stranded Vehicles


Avoiding Accidents with Stranded Vehicles

I’m Ed Smith, a Sacramento Car Accident Lawyer. As you and your family travel onto the highway this holiday season, please be careful. You may come across a stranded vehicle or worse, experience a malfunction of your own, leaving you and your family stalled out there on the side of the road somewhere. Do you know how to respond to such a crisis? Continue reading to learn some very important safety tips.

Breaking Down on the Highway

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The Dangers of Jackknife Accidents


The Dangers of Jackknife Accidents

I’m Ed Smith, a Lincoln truck accident lawyer. Jackknifing occurs when the trailer being pulled by a big truck moves at a faster rate than the cab. As the trailer swivels around, it resembles a jackknife with its 90-degree angle. Unfortunately, other motorists who share the road with a jackknifing truck can suffer serious injuries as a result.

What Causes a Big Truck to Jackknife?

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Dog Bites Increasing Nationwide


Dog Bites Increasing Nationwide

I’m Ed Smith, an El Dorado Hills personal injury lawyer. Did you know that dog bites account for about 4.5 million injuries each year? According to statistics supplied by the Centers for Disease Control and Prevention, up to one of every five dog bites become infected. In addition, dog bites can lead to scarring, multiple surgeries, lacerations and difficult to treat penetrating wounds.

California Dog Bite Law

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Motor Vehicle Accident Mortality Risk


Motor Vehicle Accident Mortality Risk

I’m Ed Smith, a Fair Oaks wrongful death lawyer. Have you ever thought what the odds are of your being killed in a motor vehicle accident? They might be higher than you thought.

Mortality Risk in a Motor Vehicle Accident

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