During the investigation, an independent panel of engineers determined that ignoring the cracks in the bridge amounted to professional misconduct. This alone would be enough for an attorney to hold the companies liable for the 15 lives that were lost due to their negligence.

Corporate Personhood and Criminal Charges

Corporate personhood is a concept that allows an entity like a corporation to separate itself from those who run it and those who own or fund it. In terms of civil lawsuits, this protects the individual investors and decision makers of the corporation from personally paying out in the case of liability. For instance, none of the individual engineers or decision makers a FIGG Bridge Group or Munilla Construction Management will pay a dime to those injured or the families of those killed. That money will come directly out of the corporation’s coffers. In other words, the individuals are not held responsible for those deaths, the corporation is.

Criminal charges, however, are a much different matter. Criminal charges are directed at individuals, not corporations. Individuals can be held liable for crimes like manslaughter, but under what circumstances?

The Meeting

According to the Miami Herald, the morning before the bridge collapsed, those involved with its construction held a meeting. At this point, no one knows what conversations took place at the meeting, whether or not the pictures were discussed, and who, if anyone, thought the information worth sharing with the Florida Department of Transportation. The details of that meeting could hold significant clues as to what was going on in the minds of those involved with the bridge’s construction.

Though the Herald has asked that the details of that meeting be released to the public, thus far the Florida DoT has refused to comply with the request. The question is why? Are they attempting to build a criminal case against one or more bad actors who may have kept information about the cracks from the government? Or are they simply shielding a special interest group from civil liability? The details of that meeting could lay such claims to rest.

What’s clear is that, with the knowledge of the cracks in the bridge, the companies involved with its construction should have contacted the Florida Department of Transportation and closed off both the bridge and the street lying underneath.

It remains to be seen, however, whether or not Florida will either pursue those charges or even allow such charged to be pursued.

Alan Goldfarb Represents Victims of the FIU Bridge Collapse and their Families

Miami personal injury attorney, Alan Goldfarb is currently representing victims of the FIU bridge collapse and their families. He can also represent you in your personal injury case. Give us a call or talk to us online, and we can provide you with a free case evaluation.

Resources:

miamiherald.com/news/politics-government/state-politics/article215833630.html

miamiherald.com/news/local/community/miami-dade/article216442965.html

The Duran family, who is represented by Alan Goldfarb, has added the Department of Transportation to the list of defendants that are at least in part responsible for the FIU bridge collapse. Allegations that the companies used unsafe construction methods to “rapidly design” the bridge have been at the crux of these lawsuits. Since the Florida Department of Transportation authorized these companies to use this kind of construction technique, lawyers for the plaintiffs feel that they bear some of the blame for its collapse.

The Feds Step In

Since the Florida Department of Transportation has been listed as a named defendant, it isn’t surprising that they would not want information regarding their communications on the lawsuit released to the press. On the other hand, the Herald has a vested interest in reporting the facts of the case and feels as though these communications should be public record and disseminated accordingly.

On June 15th, U.S. Attorney Christopher P. Canova sent notice the judge presiding over the suit authorizing him to protect the interests of the state in this lawsuit. His involvement adds an air of uncertainty over the proceedings. Since the Herald is compelling the disclosure of documents that are subject to an ongoing investigation by the National Transportation Safety Board (NTSB), the U.S. attorneys are interested in relating how dissemination of these documents may impact their efforts.

The U.S. has asked the court to defer its rulings until a determination can be made. This is a step back from the formal command the NTSB sent the Florida DoT stating that the FDoT was prohibited from disseminating any information concerning the investigation without NTSB approval.

Court Rules in Favor of Florida Department of Transportation

When the Herald asked for documents regarding the FIU bridge collapse, the FDoT disclosed all documents leading up to the collapse but none after. The Herald tried to compel disclosure of those documents. As of yet, those documents have not been released.

These documents can shed some light on the FDoT’s role in the collapse. Since the collapse, reports that an engineer advised the FDoT of cracks in the bridge before the collapse have weighed heavily on their own culpability. The same engineer said that the cracks didn’t pose an imminent threat, but it could be argued that the FDoT should have investigated the matter anyway.

Contact Personal Injury Attorney Alan Goldfarb Today

The team at Alan Goldfarb, P.A. in Miami is representing the interests of those injured and killed by the FIU bridge collapse. He and his team can also help you with your own injuries. Give us a call at (305) 371-3111 or contact us online for a free consultation.

Resources:

miami.cbslocal.com/2018/04/02/lawsuit-fiu-bridge-collapse-survivor/

floridapolitics.com/archives/266761-feds-weigh-entering-lawsuit

This is the second lawsuit to come from the tragic bridge collapse that has left many wondering how, in this day and age, an engineering disaster like this could take place. Plaintiff’s attorneys are both targeting the companies that built and designed the bridge. The two companies named in the lawsuit are FIGG Bridge Engineers and Munilla Construction Management. At the core of the issue is the rapid design technique that was employed in the fabrication of the bridge.

At the point of the writing of this article, the cause of the bridge collapse is still unknown.

Cause Unknown, But Plaintiffs Still Allege Negligence

At the core of any personal injury lawsuit is the question of negligence. The mere fact that a bridge collapses does not mean that those who built the bridge are responsible. This has left some wondering if these lawsuits are premature in their allegations against FIGG Bridge Engineers and Munilla Construction Management. With a lot of uncertainty surrounding the ultimate cause of the collapse, it remains to be seen if the companies themselves were culpable for the disaster.

However, the first complaint alleges that the firms “drastically deviated” from known and established practices for bridge design, while the second complaint alleges that the lack of redundant safety features itself is enough to prove negligence.

Rapid Design Technique Draws Speculation Over Safety

There is a great deal of speculation concerning the bridge collapse that took 6 lives. The bridge itself was installed in a single morning using a rapid-design technique that many are blaming for the collapse. The bridge was assembled at a nearby location and then lowered into place by specially designed cranes.

The method had inspired widespread praise and excitement due to the fact that it did not impede traffic and was considered safer for construction crews. Ultimately, the intent of the method was to reduce installation time, and it was hoped that this would reduce safety issues to pedestrians and motorists.

It’s unclear if either plaintiff’s case will be successful given that there is so much uncertainty concerning the cause of the collapse. One argument attacks the rapid design technique as intrinsically faulty while the other assumes the lack of redundant safety features is proof of negligence. It’s unclear, however, if the design technique was to blame for the collapse, or if a lack of redundant features rises to the standard of negligence.

Have You Been Injured by Another Party’s Negligence?

If so, you may be entitled to damages. Contact Alan Goldfarb, P.A. in Miami and we’ll begin discussing your case immediately.

Resources:

miamiherald.com/news/local/community/miami-dade/article206114364.html

cnn.com/2018/03/17/us/florida-miami-bridge-collapse/index.html

cnbc.com/2018/03/15/the-bridge-that-collapsed-near-a-florida-university-was-installed-in-a-single-morning.html

But what about when the victim is a cyclist who was hit by a driver that was attempting to swerve away from a collapsing bridge?

The pedestrian bridge that collapsed at Florida International University made national headlines after the deaths of four people and numerous others were injured recently. This lawsuit, which is being brought against FIGG Bridge Engineers, Munilla Construction Management, and potentially others involved with the bridge, alleges that defective construction and design of the bridge is to blame for the cyclist’s injuries.

The individual seeking damages says that as he was riding his bike to work, the bridge came crashing down forcing a car to veer into him.

Determining the Cause of the Bridge Collapse

The merit of a personal injury lawsuit such as this and the wrongful death suits that are sure to follow, is the question of whether or not the bridge’s defects were to blame for its collapse. While this is still unknown, this particular lawsuit will force these companies to turn over any documents that are related to the bridge’s construction. Meanwhile, police officers are conducting a separate investigation to see if foul play was involved.

If it can be proven that some individual tampered with the bridge in such a way as to make it structurally unstable, then none of the companies that were involved with the bridge’s construction could be held liable.

Complicating issues for the companies that were involved in the construction and design of the bridge is the fact that there were reportedly cracks that had formed in the structure. According to reports, an engineer at FIGG Bridge Group reported the issue to the Florida Department of Transportation. However, no one heard the message until the day after the bridge collapsed. Further, the engineer seemed to indicate on the voicemail that the cracks were unlikely to be a serious problem and certainly not a large enough problem to worry about the bridge completely failing.

With multiple simultaneous investigations happening, the hope is that the ultimate cause of the bridge’s collapse will become clear.

The Merits of the Personal Injury Suit against the Bridge Contractors

Assuming that it can eventually be proven that the bridge collapse was caused by poor workmanship, then it’s hard to imagine why the driver would be responsible for the injury the cyclist sustained. The plaintiff’s attorney would need only prove that the bridge collapse was the cause of the driver swerving and that the cyclist’s injuries were the result of his collision with the driver’s car.

The first thing, however, is determining who is at fault for the bridge collapse in the first place. With that a virtual unknown, it’s impossible to say if the case will succeed. It will, however, force the defendants to release information to the plaintiff’s lawyer concerning the construction and design of the bridge. If it turns out to have been caused by shoddy construction, an injured cyclist will be the least of their worries.

Let Us Help You Today

If you have suffered an injury due to another party’s negligence, we can help you throughout each step of your case. Don’t hesitate to reach out to the office of Alan Goldfarb, P.A. in Miami and we’ll ensure you get the settlement that you deserve.

Resources:

usatoday.com/story/news/nation/2018/03/19/florida-bridge-collapse-lawsuit-classes-resume/438179002/

usatoday.com/story/news/2018/03/16/cracking-not-good-engineer-called-report-bridge-flaws-before-florida-collapse/434344002/