Driver Arrested After Fatal Multi-Vehicle Crash in Miami: Legal Options For Victims and Families

Michael T. Flanagan, Esq.

A devastating crash in Miami on Tuesday evening has left one man dead, two others hospitalized, and a community demanding change. The incident occurred around 6:53 p.m. near Southwest 19th Street and 21st Avenue, involving four vehicles and a pedestrian. Authorities have since arrested the driver responsible — 36-year-old Andres Roberto Fiallo Estupinan of Miami — on multiple serious charges.

According to police, Fiallo Estupinan was driving a 2012 gray Volkswagen Passat at a dangerously high speed when he struck a pedestrian from behind. The victim, 50-year-old Andrew Loretta, was jogging on the west side of the road when he was hit with such force that both of his legs were severed. Loretta was pronounced dead at the scene.

Following the initial impact, Fiallo Estupinan’s vehicle collided with a parked ice cream truck, which in turn struck a parked Toyota. He then struck a white Mercedes-Benz on Southwest 21st Avenue. Authorities noted in their arrest report that the driver made no attempt to brake, suggesting a complete disregard for the safety of others.

After the crash, Fiallo Estupinan attempted to flee the scene but was stopped by bystanders at Shenandoah Park, who held him down until police arrived. He was transported to Ryder Trauma Center at Jackson Memorial Hospital with a fractured ankle. A woman in the ice cream truck was also seriously injured, suffering a skull fracture.

Fiallo Estupinan has been charged with:

  • Leaving the scene of a crash resulting in death
  • Leaving the scene of a crash resulting in serious bodily injury

Authorities say further charges may follow pending a search of the vehicle.

Neighbors say the tragedy was not a surprise. Residents have repeatedly voiced concerns about speeding in the area. Denise Galves Torros, a local resident, told reporters, “It’s very sad and totally preventable… a speed table, a traffic circle — these are easy fixes.”

Sadly, it often takes a fatal event like this for long-standing infrastructure concerns to be addressed. But legal accountability may provide some measure of justice to those affected.

Who Can Be Held Liable in a Multi-Vehicle and Pedestrian Crash?

In a case like this, liability may fall squarely on the at-fault driver. However, victims and their families may also explore broader legal avenues if road conditions or municipal negligence contributed to the incident. Here’s how legal liability typically breaks down:

1. The At-Fault Driver

Fiallo Estupinan, as the reckless driver, is primarily responsible for the crash. Under the Florida Wrongful Death Act, surviving family members (spouses, children, and sometimes parents) may file a wrongful death claim if a loved one is killed due to another party’s negligence. Compensation can cover a range of damages, both economic and emotional. For those injured, Florida law allows for a personal injury claim that includes compensation for medical costs, long-term care, lost wages, and emotional trauma.

2. The City or County

If the area where the crash occurred is proven to be hazardous and the city failed to act despite complaints, governmental liability could come into play. This is harder to prove but not impossible.

3. Vehicle Owners

If any of the parked vehicles involved were illegally parked or obstructing traffic, partial liability may apply depending on the circumstances, though the primary fault remains with the driver.

Navigating Personal Injury Claims After a Multi-Vehicle Crash in Miami

Cases involving hit-and-runs, pedestrians, and multiple vehicles are complex. Insurance companies may delay or deny valid claims. An experienced personal injury attorney can:

  • Conduct a thorough investigation
  • Work with accident reconstruction experts
  • Demand full compensation from all liable parties
  • Represent your interests in court if necessary

At Flanagan & Bodenheimer Injury and Wrongful Death Law Firm, we handle catastrophic injury and wrongful death cases with compassion and determination. We understand the emotional toll these tragedies take on families, and we fight to hold negligent drivers fully accountable.

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