What should have been an ordinary midday drive through Miami turned into a serious medical emergency for a 79-year-old man who did everything right — and still suffered significant injuries due to another driver’s careless decision.
“Our client had a green light and the right of way,” James D. Payer explains. “The crash happened because the other driver failed to yield.”
How the Crash Happened
The collision occurred on January 12, 2023, at approximately 12:15 p.m., at the intersection of SW 109th Avenue and West Flagler Street in Sweetwater, located in southwest Miami-Dade County.
The client was driving eastbound on West Flagler Street with a green traffic signal when the at-fault driver, traveling westbound, attempted to make a left turn onto SW 109th Avenue. The turning driver entered directly into the client’s path.
The impact caused the client’s vehicle to spin multiple times before striking a fence beyond the sidewalk.
“The crash was violent enough that both vehicles were totaled and had to be towed from the scene,” Payer said.
The client was driving a Volkswagen Jetta, while the at-fault driver was operating a Toyota Tundra pickup truck. There were no passengers in either vehicle.
Immediate Aftermath and Medical Emergency
Following the crash, the client immediately complained of neck and back pain. He was transported by ambulance from the scene to HCA Florida Kendall Hospital, where he was hospitalized for three days.
“He was placed in a cervical collar at the scene and underwent extensive imaging almost immediately,” Payer explained.
During his hospitalization, the client underwent multiple X-rays, CT scans of his head, neck, spine, chest, and abdomen, and an MRI of the cervical spine.
Serious Injuries Diagnosed
The client sustained severe orthopedic and neurological injuries, including:
C2 bilateral pedicle fracture (grade 3)
C3 superior endplate fracture (grade 2)
T1 superior endplate fracture (grade 2)
Posterior atlanto-occipital ligament injury
C1–C6 cervical strain/sprain
Epidural hematoma along the C2–C5 spinal canal
Right vertebral artery intimal tear adjacent to the C2 fracture
Chest trauma from the seatbelt
Extensive bruising to the shoulder, forearms, knee, abdomen, and ankle
“These are high-velocity trauma injuries,” Payer said. “Especially concerning given our client’s age.”
The Client’s Background and Goals
At the time of the crash, the client was 79 years old and working part-time at Macy’s. He retired shortly after the accident.
His goal in pursuing the case was straightforward.
“He wanted fair compensation for what he went through — his injuries, medical care, out-of-pocket expenses, and pain and suffering,” Payer said.
Because he was working part-time, lost wages were limited, but his physical pain and loss of enjoyment of life were significant.
Liability and Disputed Fault
Miami-Dade County Police responded to the scene and cited the at-fault driver for Careless Driving under Florida Statute §316.1925.
However, despite the citation, the at-fault driver’s insurance carrier denied liability entirely and made no pre-suit settlement offer.
“This became a classic disputed liability case,” Payer explained. “It was essentially the plaintiff’s word against the defendant’s.”
The defendant claimed he had a protected green turn signal. The client maintained he had a green light and the right of way.
Complicating matters further, the Toyota Tundra was owned by the defendant’s electrical engineering and consulting company, which was also listed as an insured under the policy. As a result, the company was named as an additional defendant when suit was filed.
Legal Strategy and Evidence Development
Payer Law moved forward aggressively.
First, the firm obtained the police report. Then, a private investigator interviewed the responding officer to clarify fault and causation.
“We also relied on Florida Statute §316.122, which clearly places the duty to yield on a driver making a left turn,” Payer said.
Additional evidence was developed through litigation, including:
Written discovery
Requests for production
Interrogatories
Subpoenas
Depositions of both drivers
When the insurer refused to negotiate, the case was filed in Miami-Dade County Circuit Court.
Challenges in the Case
One of the most significant hurdles involved the client’s admission that he was required to wear corrective lenses while driving — and was not wearing them at the time of the crash.
“This was something we had to confront head-on,” Payer said.
Additionally, because the client was a Medicare recipient, the firm had to address and resolve a Medicare lien related to crash-related medical treatment.
Despite an aggressive defense, opposing counsel did not obstruct discovery or delay proceed
The Result: $62,500 Recovered at Mediation
The case ultimately resolved at court-ordered pre-trial mediation.
The settlement amount: $62,500.
After satisfying a $6,000 Medicare lien, the client recovered $56,500 for pain and suffering and loss of enjoyment of life.
“For our client, this resolution mattered,” Payer said. “It recognized what he endured and brought the case to a meaningful close.”
No appeals or post-settlement negotiations were required.
Important Lessons for Miami Drivers
James emphasizes that insurance denials are not the end of the road.
“Just because an insurance company denies a claim doesn’t mean the case is over,” he said. “You still have the right to file a lawsuit and pursue compensation.”
He also cautions drivers about Florida’s updated comparative fault law.
“Under Florida Statute §768.81, if a person is found to be more than 50 percent at fault, they may recover nothing,” Payer explained. “That makes early legal guidance more important than ever.”
This case underscores the value of aggressive litigation, careful evidence development, and persistence, even when insurers refuse to accept responsibility.
As Payer puts it:
“We took this case all the way to mediation because it deserved to be taken seriously — and that made the difference for our client.”
