A fitness influencer has been acquitted of felony charges in Miami Beach following a hit-and-run incident that left a police officer injured. The incident, which took place on Fifth Street on May 5, 2025, involved Armando Fogaça, who was later deported to Brazil after the acquittal.
What Happened: Miami Beach Incident Details
On May 5, 2025, a hit-and-run incident occurred on Miami Beach's Fifth Street involving fitness influencer Armando Fogaça and a Miami Beach police officer, Anthony Guzman. According to reports, Officer Guzman was on traffic duty when he attempted to stop Fogaça for a moving violation. Fogaça allegedly drove off, leading to the officer's injury. Despite initial claims, Fogaça was acquitted of all felony charges and later deported.
Who Is Liable for This Crash?
Driver Negligence
The primary focus of liability in this case was on Armando Fogaça, who was initially accused of accelerating towards Officer Guzman. However, after reviewing evidence, including body camera footage, the court acquitted Fogaça, suggesting that the evidence did not support the claim of direct contact. This highlights the complexity of determining driver negligence in such cases.
Government Liability
Government liability may arise if road conditions or the actions of law enforcement contributed to the incident. In this case, questions about the approach and actions of the responding officer could be explored further if a civil claim were pursued.
Your Legal Rights Under Florida Law
Florida law provides several avenues for those injured in accidents to seek redress. Under Fla. Stat. § 627.736, Personal Injury Protection (PIP) benefits cover initial medical expenses regardless of fault. However, proving negligence is crucial for pursuing further compensation beyond PIP limits. The Florida Wrongful Death Act, Fla. Stat. § 768.19, allows families of deceased victims to file claims, though this provision did not apply here as there were no fatalities.
What Compensation Can You Recover?
Victims of accidents like this one may be entitled to various forms of compensation. These include medical expenses, lost wages, and pain and suffering. The specific amounts depend on the severity of injuries and the extent of negligence involved.
| Damage Type | Typical Range | Notes |
|---|---|---|
| Medical bills and future care | $50,000 to $200,000 | Emergency, surgery, rehab, ongoing treatment |
| Lost wages and earning capacity | $30,000 to $150,000 | Past and future income loss |
| Pain and suffering | $100,000 to $500,000 | Physical pain, emotional distress, trauma |
Critical Deadlines - Do Not Wait
It is crucial to act swiftly after an accident. Evidence such as commercial vehicle black boxes and surveillance footage can be lost quickly, and witnesses' memories may fade. Engaging with an attorney early can help preserve critical evidence needed to support your claim.
Legal Theories That Apply to This Crash
In this case, negligence is a primary legal theory, focusing on whether Fogaça's actions constituted reckless endangerment. Government liability may also be considered if the officer's actions during the stop were deemed inappropriate. Understanding these theories is essential for structuring any potential legal claim.
7 Immediate Steps to Protect Your Rights
- Seek medical care immediately - Even if you feel fine, delayed injuries are common and gaps in treatment can hurt claims.
- Obtain the FHP crash report number - Ensure you request the full report for your records.
- Photograph everything at the scene - Capture road markings, skid marks, vehicle positions, and any injuries.
- Avoid speaking to the at-fault driver's insurance - Anything you say can be used to reduce your claim; consult an attorney first.
- Preserve your vehicle - Do not authorize repairs until an accident reconstructionist or attorney inspects it.
- Save all related documents - Keep every receipt, medical record, bill, and correspondence.
- Contact a personal injury attorney immediately - Your deadline is May 05 2027, and early action protects critical evidence.
Frequently Asked Questions
Can I sue after a hit-and-run in Miami Beach Florida?
Yes, victims of hit-and-run incidents in Florida can pursue legal action against the at-fault driver. It's essential to act promptly and gather evidence to support your claim. Consulting with a personal injury attorney can help navigate this process and understand your rights under Florida law.
How much is a Miami Beach car accident settlement worth in 2026?
The value of a car accident settlement in Miami Beach depends on various factors, including the severity of injuries, property damage, and the degree of negligence involved. Settlements can range significantly, but an experienced attorney can provide a more precise estimate based on the specifics of your case.
What if the at-fault driver had no insurance in Florida?
If the at-fault driver is uninsured, you may still recover damages through your uninsured motorist coverage, if available, or pursue other legal avenues. Florida's no-fault insurance laws require drivers to have PIP coverage, which can cover some of your medical expenses regardless of who was at fault.
How long does a Florida wrongful death lawsuit take?
While this case did not involve a wrongful death, such lawsuits in Florida can vary in length, often taking months to several years to resolve. The timeline depends on the complexity of the case, the willingness of parties to settle, and court schedules.
What is the statute of limitations for car accidents in Florida?
In Florida, the statute of limitations for filing a personal injury lawsuit from a car accident is two years from the date of the accident, as outlined in Fla. Stat. § 95.11(4)(a). It's crucial to adhere to this deadline to preserve your right to seek compensation.
Should I accept the insurance company's first settlement offer?
It's typically not advisable to accept the first settlement offer from an insurance company, as these initial offers may not fully cover your damages. Consulting with a personal injury attorney can help evaluate the offer and negotiate a fair settlement that considers all your losses.
Does Florida have a cap on damages in car accident cases?
Florida does not impose a general cap on compensatory damages in car accident cases. However, there are specific caps on non-economic damages in certain cases, such as medical malpractice. Consulting with an attorney can clarify how these rules may apply to your case.
What is comparative negligence and how does it affect my Florida car accident case?
Comparative negligence in Florida means that if you are found partially at fault for an accident, your compensation is reduced by your percentage of fault. If you are more than 50% at fault, you cannot recover damages, as per Fla. Stat. § 768.81. This principle emphasizes the importance of establishing clear liability.
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