Florida Injury Lawyer Blawg
A video of students confronting a driver of a University of Miami bus who was later accused of being intoxicated has circulated online after an incident Monday afternoon.
The 45-year-old driver was later charged with driving under the influence, two counts of DUI resulting in property damage and refusing to take a sobriety test, according to reporting from The Miami Herald.
The incident happened at about 3:30 p.m. on the 300 block of U.S. 1. The driver allegedly crashed into a tree and “other objects” on the road, the newspaper reported. When officers arrived, they noted in their report that the man had bloodshot eyes, was unsteady on his feet and smelled of alcohol.
He was taken into custody and released on bond Tuesday.
The driver can be heard on the video, published by NBC6 South Florida, telling students that he is “fine.” Those on board the bus, however, were dubious of this response with one responding, “sir, we know you’re not fine” before pointing out that he had allegedly crashed “twice on this one car ride.”
One student in the video can be heard asking, “Why would you drive if you know you have students?”
The man is not a school employee and when the newspaper reached out to the bus company he allegedly works for, they did not get a response. The University of Miami released a statement saying that the incident is under investigation by police and that safety remains their “top priority.”
In Florida, common carriers such as buses and shuttles are held to a heightened duty of care because they are entrusted with the safety of passengers. When a driver is allegedly under the influence, the danger extends far beyond a single vehicle — placing everyone on board, as well as pedestrians and other drivers, at serious risk.
Leesfield & Partners
Leesfield & Partners had gone up against commercial trucking companies, negligent drivers, construction companies, and more in nearly five decades. In that time, the firm has represented the victims and families impacted by some of the state’s most complex and devastating cases involving road incidents.
One landmark case handled by the firm involves the tragic death of a young medical student and permanent injuries to her younger brother due to the recklessness of a drunk driver. The driver was speeding down the wrong side of I-95 when he hit the family in a head-on collision as they were on their way to drop off their daughter at her medical school’s orientation. She was 23.
As a result of the crash, her brother, 21, required round-the-clock care and a wheelchair.
The verdict in that case was an over $95 million recovery for the family, $57 million of which would go to the son and $38 million to the parents. This was the largest verdict in motor vehicle accident history in the 11th Judicial Circuit of Florida, and the fourth-largest statewide.
Our skilled trial attorneys approach every case with the compassion and tenacity necessary to achieve the best possible outcome in every case. One such incident in which the firm held a company liable for the actions of their employee involved a fatal car accident. This case was settled by Trial Attorney Bernardo Pimentel II who represented a family that tragically lost a child due to the negligence of a pharmaceutical delivery company’s employee.
In that case, the company claimed this employee was an independent contractor, however, Mr. Pimentel argued that because this company exerted a certain level of control over this driver, – wearing a uniform and issuing a schedule he was obligated to follow – their claim was invalid. He was able to prove that the company was vicariously liable for the driver’s negligence because this level of control categorized him as an employee acting within the scope of employment at the time of the crash.
That case was settled for $1 million.
“The defendants attempted to skirt liability through language specifically crafted to avoid classifying the driver as an employee, but we stood firm in proving otherwise,” Mr. Pimentel said. “Our clients have lived through every parent’s worst nightmare, and while no monetary amount can undo the damage that’s been done, this firm is proud to have held the responsible parties accountable for the negligence of their employee.”
Previous Cases
Previously, Leesfield & Partners handled a case involving a truck company whose employee was responsible for a tragic crash that injured two girls and killed one other. The three girls were on their way to the library when the truck driver made an illegal U-turn on the turnpike, turning directly into the girls’ path.
Leesfield & partners obtained an over $8.6 million settlement and a wrongful death arbitration award of $7,995,467.
In the case of a woman who was walking back to her office following a midday break, Partner Justin B. Shapiro secured the maximum recoverable amount set forth in the defendant’s insurance policy limits. The woman was crossing the street in a marked crosswalk when a pickup truck driver made an illegal left turn, claiming to not have seen her. Injuries to our client included skull fractures and brain hemorrhages in addition to injuries to her left leg.
A $6 million settlement was secured for the client in that case.
A case involving another trucking company whose employee was in a crash that injured two Leesfield & Partners clients, the firm secured a $5 million recovery.
A $2.8 million recovery was obtained in a suit against a trucking company for a client injured by a commercial truck driver.
A motorcycle crash that involved the injury of our client due to the actions of a trucking company employee resulted in the firm obtaining a $2 million recovery for our injured client.
The firm also obtained a $1.8 million recovery for the family of a client who was killed in a tragic crash due to the negligence of a trucking company’s employee.
If you or a loved one was injured in a motor vehicle accident in Florida, don’t wait. Call a Leesfield & Partners attorney today for a free consultation at 800-836-6400.
