ATV Accident – Miami Beach

Jeffrey R. Davis

A drunken police officer caused an all-terrain vehicle (ATV) to crash into beach-goers on July 3, 2011 causing catastrophic injuries. The Miami Beach Police Officer, Derick Kulian was assigned to ATV beach patrol. He, along with another Miami Beach Police Officer, mingled on the dance floor of the Clevelander with several women from out of town. It is reported that the officers were drinking while at the Clevlander. However, there is no confirmation regarding the drinks they were consuming. Kulian allegedly took one of the women, the bachelorette, for a ride on the ATV on the sand with the headlights off. Kulian crashed into two beach-goers who were on the beach with friends to watch the sunrise. The injured man suffered a broken leg and the injured woman suffered life threatening injuries which required numerous surgeries. After all her treatment, the female victim sustained a traumatic brain injury.

Paramedics measured Kulian’s alcohol level at 0.088 several hours after the accident. Florida law dictates that anything over 0.080 is presumed to be intoxicated. As a result of the crash, both officers were fired. Friends of the victims claimed that Kulian was driving the ATV at 60 mph before he lost control.

The two individuals injured in the ATV crash filed civil suits against the City of Miami Beach and the former Miami Beach Police Officer. Luckily these suits have not turned into wrongful death actions. Jeffrey R. Davis, P.A. hopes that the victims of this horrific incident obtain justice for their injuries and pain and suffering.

ATV related injuries and/or deaths have been on the rise. According to the Consumer Product Safety Commission, in 2009 there were 649 reported deaths, 781 estimated deaths, and 131,900 estimated number of emergency room treated injuries. Florida ATV related deaths from 2007-2010 currently total 104 but data continues to be gathered. In addition, Florida law simply requires that: 1) ATVs operated on public land be titled; 2) riders under 16 must wear a helmet and eye protection; and 3) ATV use is prohibited on paved roads.

After being involved in an ATV accident it is important that you do the following: 1) collect information, including contact information, for everyone involved in the ATV accident, including witnesses; 2) seek medical attention for your injuries in order to document your condition(s); 3) talk to an ATV accident lawyer as soon as possible in order to provide you proper representation; and 4) do not talk to anyone about the accident – especially insurance adjusters.

Unfortunately, more often than not, catastrophic injuries are usually associated with ATVs. If you or someone you know had been involved in an ATV accident, Jeffrey R. Davis, P.A. can help you go after the justice you deserve. You may be entitled to compensation for medical bills, loss wages, pain and suffering, and future medical bills. Contact us today in order to obtain a free consultation regarding your legal options.

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