Miami Injury Lawyer Blog

According to the Federal Railroad Administration Office of Safety, there has been a sharp increase in railroad accident deaths – from 301 deaths in 2014 to 363 deaths in 2015. A total of 22 of these railroad accident deaths have occurred in Florida in 2015. 22 lives were lost due to accidents that probably could have been prevented. In fact, 80% of Florida public railroad crossings remain unprotected by lights and safety gates. Our team of Miami personal injury lawyers find those statistics to be simply unacceptable.

Railroad accidents in Florida may occur because of:

  • Mechanical failure of the train or related hardware
  • Negligence or distraction of a train administrator or other representative
  • Faulty train intersections or dated tracks
  • Two trains impacting
  • Collision with an auto, truck, transport, or person on foot
  • Not adhering to the speed limit
  • Unsafe outline or designing of a train or railroad
  • Manufacturing lapses or glitches in trains or related apparatus
  • Visual impediments, broken or missing signs
  • Inclement weather
  • Inadequate security
  • Inadequately prepared train administrators
  • Drivers affected by drugs or alcohol

Ramifications of a Train Accident

Along with heart-breaking deaths, railroad accidents can cause spinal cord injuries, traumatic brain injuries, debilitating lower back injuries, paralysis, and permanent loss of limbs. If there is evidence that a railroad operator was negligent by failing to provide adequate warning systems and safety measures such as safety gates and security lights, you and your loved ones should explore taking legal action and contact an experienced railroad accident attorney. In addition to possibly obtaining restitution for your medical bills, lost wages, pain and suffering, a claim sends a signal to the industry that it needs to make safety a top priority.

Take Action Sooner Rather Than Later

The statutes of limitations make it particularly critical for railroad accident victims to contact an attorney at the earliest opportunity. The statute of limitations dictates how much time is available for an individual to pursue a claim against another individual, corporation, or other entity. The statute of limitations varies based on the state you reside in and the type of claim you have. For example, the statute of limitations for a railroad accident personal injury claim in Florida is four years from the date of the incident, according to Florida Code § 95.11(3)(o). However, if a loved one was killed in a railroad collision, you only have two years to file a wrongful death lawsuit, according to Florida Code § 95.11(4)(d). You read that correctly – if a loved one dies in an accident, you actually get less time to take legal action against the negligent party.

Speak to an Experienced Miami Railroad Accident Lawyer Today

A timely consultation with an experienced Miami railroad accident injury attorney will help ensure that your claim is filed before the expiration of the statute of limitations. A consultation with a lawyer will also help unveil all of the legal actions that may be available to you and your loved ones. Contact the experienced, aggressive legal team at Gerson and Schwartz, PC for a free, confidential case analysis.

You are in the front passenger seat of your friend’s vehicle. They are driving down Coral Way in Miami, Florida when another driver t-bones the vehicle. You suffer serious injuries including whiplash, a bulging disc in your L4/L5 region, and a sprained wrist. As a passenger, should you file a claim against the other driver or your friend’s policy? Our team of Miami car accident lawyers deal with this type of scenario on a regular basis.

When Another Driver Caused the Wreck

If another driver caused the accident (like the t-bone example above), you should pursue legal action against the at-fault driver. This would mean that you need to get the insurance information of the at-fault driver, either from the police who investigated the accident or possibly through your friend, if they exchanged insurance information with the at-fault driver at the scene of the collision.

When Your Friend Caused the Wreck

If your friend was careless and wound up causing a serious accident, you should consider pursuing a claim against your friend’s insurance policy. Obviously, this can create an awkward situation in which you are technically taking legal action against your friend. However, always remember that your claim will likely be paid from the insurance company, not directly by your friend. That is the reason we have automobile insurance – to make sure the parties involved are not ruined financially from the collision.

When Both Drivers Caused the Wreck

When both drivers are determined to be equally at fault for causing the wreck (e.g., both drivers were texting and driving) then you, as the injured passenger, may have grounds to pursue restitution through both driver’s insurance policies.

When Multiple Passengers are Hurt in a Wreck?

Another potential issue in passenger injury cases is when there are multiple passengers. Suppose a car with three passengers is rear ended and each passenger suffers serious injuries. In this scenario, you are likely going to run into a “limited coverage” issue. This is when the total amount of damages of the injured parties exceeds the amount of available insurance coverage. If you have underinsured motorist coverage through your own insurance policy, you can access that coverage in this situation.

Florida is a PIP State

In a no-fault state like Florida, you have access to Personal Injury Protection (PIP) coverage. This type of coverage enables you to access a fixed amount of funds to cover medical expenses, lost wages, etc. regardless of who is deemed to be at-fault for causing the collision.

Contact an Experienced Miami Car Accident Attorney Today

If you are hurt in an accident as a passenger, the insurance issues can be quite complicated. This is why it makes sense to speak to an experienced Miami personal injury attorney with Gerson and Schwartz, PA. We offer free, confidential consultations. We also work on a contingency fee basis. That means we do not get paid unless and until you receive compensation, either through a settlement or judgment.

You just arrived in Miami and are ready to enjoy some of the city’s amazing amenities. You are traveling down Coral Way when a careless driver t-bones your rental vehicle. Our team of experienced Miami car accident attorneys deal with this type of scenario on a regular basis. The following is a checklist of what to do and what not to do if you or a loved one are involved in an accident with a rented car in Miami.

First, it is important to know that Florida is a no fault state, meaning the drivers involved in a car accident are supposed to seek coverage from their respective insurance companies irrespective of fault. An owner of a Miami rental car is entitled to a maximum of $10,000 in Personal Injury Protection (PIP) benefits and $10,000 per accident in property damage coverage. The PIP coverage includes medical expenditure and lost wages and is applicable irrespective of whether you happen to be a tourist in Miami or a full-time resident of the state. However, while this sum may be sufficient to remunerate the rental auto organization, more often than not, car accident injuries result in long-term financial and personal losses that enormously surpass this inconsequential amount of money.

Rental car coverage in Miami is done mainly through four different ways, including:

  • The personal insurance policy of the renter – Sometimes personal insurance policies provides added coverage to policyholders when they rent a car.
  • The personal insurance policy of the driver – The negligent driver’s personal insurance policy may also cover such accidents.
  • Rental car company insurance – Rental car companies are compelled by law to provide state specific minimum insurance coverage. One may also buy additional insurance while renting the car.
  • Credit card companies – A few credit card companies offer automatic coverage when somebody rents a car using their credit card.

It is not required to purchase a separate uninsured motorist (UM) liability coverage at the time of renting a car in Miami, since the personal UM coverage of the rental car driver will also cover a passenger who is a resident relative. However, if you are not a resident relative, the driver’s personal UM shall not cover you. It is also important to remember to differentiate between rental insurance and rental reimbursement coverage. In Miami, rental reimbursement coverage is applicable for the cost of renting a car in case your own car is damaged and/or in the workshop undergoing repairing due to damage from an accident. Contrary to common misconception, it does NOT pay for damages resulting from an accident in a rental car.

Speak to an Experienced Miami Car Accident Injury Lawyer Today

As you can see, getting into an accident while driving a rental car can result in pursuing various forms of insurance coverage. Our Miami personal injury law firm is here to help. If you or a loved one have been seriously injured contact Gerson and Schwartz, PA for a free, confidential consultation.

Accidents can happen anywhere and anytime, without any fault of yours or without any prior warning whatsoever. For example, an incident took place in front of Bayside Marketplace on the night of July 30, 2015. According to Miami police, a man was attempting to cross Biscayne Boulevard at Northeast Fourth Street when he was struck by a taxi. In a classic case of hit and run, the cab took off without stopping to check on the victim, who was left lying injured on the road. Police later recognized the taxi as Yellow Cab #532, with tag ACU E95. Security patrol recordings showed that, after hitting the man, the taxi continued to speed northwards. The cab was eventually discovered abandoned at 119th Street and Biscayne Boulevard.

Our team of Miami car accident lawyers are outraged by this heinous, reckless, and complete disregard for human life. If the driver of the cab is apprehended, there is probably a foundation to pursue punitive damages.

How to Protect Yourself

There are a few things to keep in mind if you or any of your loved ones ever face such a situation.

Florida law mandates PIP (i.e. personal injury protection) coverage to be included on automobile insurance policies. Also known as Florida “No Fault Insurance,” PIP coverage provides a minimum layer of financial protection for you in case of an auto accident. The “no fault” means that PIP will help pay for your medical expenses regardless of who is determined to have caused the accident. Your PIP will also cover your child, members of your household, and certain passengers who lack PIP Insurance as long as they do not own a vehicle. People riding in your vehicle who carry PIP will receive coverage under their own PIP for their injuries, and certain licensed drivers who drive your vehicle with your permission are also covered. PIP also covers your child if they suffer an injury while riding on a school bus. PIP coverage protects you while in someone else’s vehicle, as a pedestrian, or as a bicyclist if you suffer an injury in a crash involving a motor vehicle.

PIP comes in handy, but the mandatory minimums are dangerously low. Drivers are required to carry only $10,000 in coverage. If you have significant injuries like a fractured rib, broken leg, torn muscles, nerve damage, spinal cord trauma, etc. that $10,000 will be spent very quickly on medical bills alone.

Uninsured Motorist Coverage

It is highly recommended that you carry some form of uninsured motorist coverage. This is an optional form of insurance coverage in Florida, but can be a godsend in situations involving traumatic, potentially life-threatening injuries. You can purchase various amounts of uninsured motorist coverage, though it cannot exceed the amount of liability coverage you have on your auto insurance policy. This means if you have, for example, $50,000 in liability coverage, you are capped at $50,000 in uninsured motorist coverage.

Contact an Experienced Miami Car Wreck Lawyer Today

Figuring out which insurance policies apply and pursuing that coverage can be time-consuming and complex. This is where our Miami personal injury law firm can help. If you or a loved one was seriously hurt in an automobile accident, contact the experienced legal advocates at Gerson and Schwartz, PA for a free consultation.

Two people reportedly crashed into a bus bench in North Miami on 125th Street near Northeast 12th Avenue, according to wsvn.com. Four people, including an 11-year-old girl, suffered serious injuries and had to be transported to the hospital. The drivers who caused this terrible incident took off running and were not apprehended. Our team of Miami car accident attorneys are always troubled when we read about these awful, preventable incidents.  

Miami-Dade Fire Rescue and North Miami Police responded to the scene of the collision and were told that two young men got out of the car and started running south down Northeast 11th Place towards the train tracks. Despite their evasion, the car involved in the incident was not totally destroyed and was towed away. This means, if the license plate is intact, North Miami Police should be able to track down who owns the vehicle.

What an Injured Person Can Do in This Situation

Imagine being one of these innocent individuals who was just sitting at the bus stop waiting for a ride. In the blink of an eye, a vehicle comes crashing onto them resulting in significant physical injuries. The four injured individuals in this incident likely have legal grounds to pursue a personal injury claim, but who do they go after when those responsible have fled the scene?

Fortunately, there are still ways to pursue restitution. First and foremost, a copy of the accident report and other investigatory documents should be obtained. The attorneys at Gerson & Schwartz, PA can help you with this. Those documents should contain information about who actually owns the vehicle that crashed into the bus stop. Once that information is established, an investigation into whether the vehicle was insured can be done.

If the vehicle is insured, a letter should be sent to the auto insurance company notifying them of your intent to file a claim of personal injury against the owner’s policy.

What if There is No Insurance Coverage?

Unfortunately, some drivers decide to throw caution to the wind and operate a vehicle without insurance. In fact, Florida is one of the states with the highest uninsured driver populations, with nearly 20 percent of its drivers lacking automobile liability insurance coverage.

If it turns out that the vehicle has no insurance coverage, you need to review your own auto insurance policy and see if you have “uninsured motorist coverage.” Insurance companies are required to offer uninsured motorist coverage, but they are not legally obligated to provide such coverage if you decide not to purchase it.

If you have uninsured motorist coverage, you can pursue restitution by filing a claim against your own policy for your medical bills, lost wages, and pain and suffering. Filing a UIM claim will not cause your insurance premiums to increase, according to Florida Statute 627.727.

Contact an Experienced Miami Car Accident Lawyer Today

As you can see, pursuing restitution in a situation involving a hit-and-run driver can get complicated. This is why you should contact Gerson and Schwartz, PA for a free, confidential consultation. By hiring a qualified Miami personal injury attorney, you will be taking an important step to ensure your legal rights are protected and that you are properly compensated for your losses.

As experienced Miami personal injury attorneys, we have handled dozens of serious personal injury cases including car accidents, truck accidents, cruise ship injuries, and accidents resulting in wrongful death. Unfortunately, not every case is resolved favourably for our clients and some clients have weakened their cases with self-inflicted wounds. Below are some preventable mistakes that can torpedo your personal injury claim.

Failing to Get Medical Treatment

A major mistake one can make is ignoring an injury and not going to the doctor. If the nature of the injury seems minor or the true nature of the injury is not readily visible, some people choose to “tough it out” and not seek immediate medical attention. This gives the insurance company the basis to argue that you were not really hurt that badly and that you only eventually got treatment so you could sue the negligent party. Don’t give the insurance company this ammunition. After a serious accident, go to the hospital or visit your primary care physician. It is better to be safe than sorry.

Posting Messages About Your Case on Social Media

Photos, status updates, and messages on Facebook can be used against you in court proceedings and can adversely affect the chances of succeeding in your personal injury claim. For example, if you suffer whiplash in a rear-end auto accident that occurred in Miami-Dade County or Broward County and you post photos of your ski trip that occurred a week after the accident, the insurance company will use them to show that you were not badly injured.

The case of Gulliver Schools v. Snay, 137 So.3d 1045 (Fla Dist. Court of Appeals, 3rd Dist, 2014) is another eye-opener on how social media can sink your injury case. Snay was the former head of a Florida school who sued the institution on grounds of discrimination and managed to settle his case for nearly $100,000. The settlement agreement also included a confidentiality clause preventing Snay from disclosing any details about the settlement, violation of which would require him to pay back the settlement amount.

His excited daughter posted the entire details on Facebook as soon as Snay got home – and bingo – there went the confidentiality clause! The school immediately informed Snay that he breached their agreement by means of his daughter’s Facebook post, which reached out to more than 1000 of her friends. Snay filed a motion to enforce the settlement and the trial court concurred. The Court of Appeals, however, held that Snay indeed violated the confidentiality clause and thus, Snay was required to give back the $80,000 to Gulliver.

Ignoring Your Doctors

Ignoring the advice of your doctors and not following the prescribed treatment program can hurt your claim. More often than not, insurance agents will insist that the inability to get treatment when it is accessible or the failure to turn up at scheduled appointments is evidence that your injuries either do not exist or that they have been overstated by your lawyer. Despite the fact that there are logical and honest reasons behind the deferral or gap in treatment, an adjuster can try to use the lack of treatment or refusal to comply with physical therapy to support either making a lowball settlement offer or outright denying your claim.

Speak to an Experienced Miami Personal Injury Lawyer Today

Whether you or a loved one was hurt in a fender-bender car accident or catastrophic incident, our Miami, Florida law firm is here to help. Contact Gerson and Schwartz, PA for a free consultation. All case calls are kept confidential. For more information call us today. Or you can email one of our Florida accident lawyers directly at info@gslawusa.com. By hiring a qualified attorney you will be taking an important step to ensure your legal rights are protected.

You are walking to your car from the shopping mall in your neighborhood. You are attacked by an individual, despite the presence of security cameras surrounding the mall and the presence of a security officer supposedly patrolling the mall’s exterior. Is the mall or security company liable for your injuries? Answer: possibly yes. If you or a loved one was injured in an area that claims to be monitored by security cameras and security guards, you should speak to an experienced personal injury lawyer in Miami to discuss your legal options.

Negligent Security

Negligent security can occur in various places and in various forms. Some of the settings where negligent security occurs include shopping malls, night clubs, apartment complexes, hospitals, gyms, stadiums, amusement parks, swimming pools, airports, and even schools. The incidents resulting in injuries may include robbery, assault and battery, firearm injuries, or even rape.

A negligent security claim can be predicated on the following:

  • Inadequate surveillance
  • Absence of a dedicated security workforce
  • Ill-prepared or poorly screened guards
  • Worn out lights in foyers, passageways, and parking garages
  • Broken fencing
  • Broken entryway or door locks
  • Non-functional recording devices

What Must Be Proven to Prevail in a Negligent Security Claim

To succeed in recovering damages for a negligent security injury claim, the following elements must be established:

  • You were lawfully present on the property
  • The property owner breached its obligation to offer reasonable security
  • You were harmed due to an outsider’s activities that were reasonably foreseeable to the property owner
  • You would not have been harmed but for the property owner’s negligence and breach of duty of care
  • You suffered actual damages

The issue of reasonable foresight is an extremely crucial one in negligent security cases. In many states, including Florida, courts analyze the factor of foreseeableness based on whether there were previous comparable unlawful acts in the same area that the property owner knew about or ought to have known about. For example, if there have been previous instances of sexual assault in a particular parking lot or shopping center, it is likely that the last assault would be viewed as foreseeable. Nevertheless, if the earlier case at hand was simply that of a pickpocket, a case of sexual assault may not be considered foreseeable. The court might likewise consider how frequently law enforcement officers have been called to a particular property, whether the earlier criminal acts were violent revengeful crimes against specific persons or petty cases of theft and mugging, and the gap of time between the previous occurrence(s) with the current one at hand.

For a personal injury case to stand on negligent security, it is important that your Miami trial lawyer checks the following:

  • Security arrangements and measures, if any, that were set up
  • Capability and experience of the security firm and/or staff present
  • The proprietor’s level of contribution in investing in an exhaustive security program
  • Nature of the equipments used therein
  • Whether security contracts were in place and properly outlined
  • Whether the arrangement was overseen ably and adequately

Speak to a Lawyer Today

The Miami Inadequate Security lawyers of Gerson and Schwartz, PA have been representing clients in all areas of negligent security claims for over 40 years. If you or a loved one was the victim of a crime or if you have been seriously injured, contact one of our attorneys to talk confidentially about your case.

 

When someone gets involved in an auto accident and suffers an injury, whether in Fort Lauderdale, Broward County, or any other area of Florida, they usually want the driver that hit them to be held responsible and cover their medical bills, lost wages, and other damages. However, you need to be aware of a legal doctrine known as comparative negligence. As Miami personal injury attorneys, we deal with this doctrine on a daily basis.

Understanding Comparative Negligence

If you partially contributed to the cause of the accident that resulted in your harm, a judge or jury can take that into consideration and compare the negligence of both parties. This comparison can result in a reduction in the amount of damages the other party has to pay, based on a determination of comparative negligence. For example, let’s say you are a pedestrian hit by a driver, but the evidence indicates that you were walking across the street in an area not designated for pedestrians. A judge or jury, applying comparative negligence, could determine that both you and the driver were negligent and apportion damages accordingly. They could, for example, determine that the driver was 75 percent negligent and you were 25 percent negligent and reduce any monetary damages award by 25 percent.

Different Types of Comparative Negligence

There are, generally, two types of comparative negligence:

  • Pure Comparative Negligence – By this method, the plaintiff’s damages are added up, then reduced to mirror their negligence. Let’s say the amount awarded to the plaintiff was initially calculated as $100,000 and a judge or jury determined that the plaintiff was 40% at fault for the accident. As mentioned above, they will only be allowed to recover the remaining percentage (in this scenario, 60%) of the damages and the final amount awarded would be $60,000.
  • Modified or Partial Comparative Negligence – States that have this form of comparative negligence can actually bar a plaintiff from being awarded damages if it is determined that they are 50% or more at fault for the resulting accident.

Since 1973, Florida has been working under the pure comparative negligence standard in order to limit the compensation amounts of the claiming parties by exact mathematical logic. Pursuant to §768.81 of the Florida Statutes, in a negligence action, contributory fault chargeable to the claimant diminishes proportionately the amount awarded as economic and noneconomic damages for an injury attributable to the claimant’s contributory fault, but does not bar recovery. The court enters judgment against each party liable on the basis of such party’s percentage of fault and not on the basis of the doctrine of joint and several liability.

If you or any member of your family happens to be the victim of a Miami auto accident case, waste no time in contacting an experienced Miami personal injury lawyer to help guide you through this process. Gerson and Schwartz, PA handles all personal injury cases on a contingent fee basis. That means there are no attorney’s fees unless we win your case. There are also no upfront costs. We strive to respond to all new case calls and email inquiries within 24 hours or less.

motorcycle_02The Center for Urban Transportation Research (CUTR) and University of South Florida report that motorcycle accident injuries have increased by 50 percent and motorcycle fatalities have increased by almost 90 percent during the past decade. During the same period, traffic fatalities have reduced by 20 percent and traffic injuries have reduced by 10 percent. Why such a disparity? Well, the fact is that when a motorcyclist is involved in a serious accident, he or she usually takes the brunt of the damage and suffers potentially life-threatening injuries. A seriously injured motor bike rider should strongly consider hiring a Miami motorcycle accident injury lawyer to possibly pursue a claim on his or her behalf.

Studies conducted by the U.S. National Highway Traffic Safety Administration (NHTSA) showed that motorcycle riders have a have a higher fatality rate per unit of distance travelled as compared to four-wheeler automobiles, often as high as 35 times more than a passenger car. Yes, you read that correctly. If you or a loved one is operating a motorcycle, you are 35 times more likely to lose your life in an accident. This is mainly due to the fact that the operator of a motorcycle is largely exposed apart from his helmet-covered head, and naturally is at a much greater risk of severe injury upon collision with a larger vehicle, which is more than hundred times heavier than his own mass. Moreover, in maximum cases the car collides with the motorcycle in a head-on collision while taking a turn or cutting through an intersection, and results in immediate death.

If you or a loved one is the victim of a motorcycle crash caused by the carelessness of another driver, consider speaking to a Miami personal injury attorney with experience handling motorcycle accident cases.

Why Speak to a Motorcycle Accident Injury Attorney?

First and foremost, it costs you nothing to speak to a Miami motor bike accident lawyer. An initial consultation is completely free, so you will have the opportunity to learn whether you have  a viable claim to possibly pursue compensation for your medical expenses, lost wages, and pain and suffering related to the accident.

Second, you need an advocate on your side. Many auto insurance companies have a team of adjusters and lawyers focused on trying to minimize your injury claim. They will drag their feet in responding to your calls, make up reasons why they can’t pay full restitution, and even tell you that you have no chance of getting a sizable recovery from a jury. An experienced Miami personal injury lawyer knows these tricks and insurance strategies.

Third, a motorcycle accident attorney works on a contingency fee basis. This means you don’t have to pay the lawyer anything unless and until they resolve your case, either through settlement or jury verdict.

Contact our Personal Injury Law Firm Today

The South Florida personal injury lawyers of Gerson and Schwartz P.A. represent motorcycle accident victims and their families throughout Miami Dade, Miami Beach, the Florida Keys, Fort Lauderdale, Broward, and West Palm Beach. Our law offices are conveniently located near downtown Miami. However, as needed, our attorneys and investigators can visit you at home or in the hospital. We also answer questions from anywhere in the world. Call us toll free at 1-877-475-2905 or contact us online to schedule your free case consultation.

Florida ranks consistently as one of the worst states in terms of pedestrian safety. According to 2012 data published by the National Highway Traffic Safety Administration, pedestrian fatalities were highest in California (612), followed by Texas (478) and Florida (476). If you or a loved one was hit by a vehicle while in a crosswalk, you should consider speaking to an experienced Miami personal injury attorney to determine whether you have the legal grounds to pursue a civil claim.

file000769955952Understanding Crosswalk Laws in Florida

Crosswalk laws in Florida are codified in the Florida Statutes Section 316.130 and discuss in detail the rights of a pedestrian while walking on a crosswalk. Pedestrian is defined as “anyone on foot,” provided there is some kind of movement associated with them. Persons on wheelchairs or roller-skates can also be considered pedestrians. However, cyclists are NOT considered pedestrians since they are operating a mode of transportation.

Right of way is mutual in Florida and both pedestrians and automobile drivers are expected to respect each other’s space and not disturb their right to movement. The relevant part of the Florida Statute 316.130(15) specifically mentions that “notwithstanding other provisions of this chapter, every driver of a vehicle shall exercise due care to avoid colliding with any pedestrian or any person propelling a human-powered vehicle and give warning when necessary and exercise proper precaution upon observing any child or any obviously confused or incapacitated person.” Other highlights of the law state that pedestrians must not walk on the road if sidewalks are provided. If sidewalks are not provided, pedestrians are expected to walk on the left side shoulder of the road. Walking or crossing a road in a place other than a marked side-walk is prohibited. Walking on a limited access facility (highway or freeway) is prohibited for pedestrians unless they happen to be a government or maintenance personnel. Crossing of roads should always be done after checking that the pedestrian has the right of way and the light is green, and by moving upon the right half of crosswalks. Soliciting rides, employment, or business from the occupant of any vehicle is prohibited.

How Pedestrian Accidents Occur

Unfortunately, many Florida drivers do not appreciate the fact that they must exercise caution when they see a pedestrian on the road or in a crosswalk. Many drivers are overly aggressive and do not allow sufficient time for a pedestrian to get through the crosswalk resulting in serious collisions.

Hit and run incidents are, unfortunately, a frequent occurrence in Florida and are governed by the Florida Statute 316.027. All drivers are required by law to stop immediately and stay at the scene of an accident. If they flee the scene, it is a criminal violation – a felony of the third degree. A pedestrian injured in a hit and run accident has the right to sue the negligent driver for restitution of medical bills, lost wages, and pain and suffering. However, if the pedestrian is proved to be equally at fault by violating the motorist’s right to way, comparative negligence can decrease the damages award by a considerable percentage.

Contact an Experienced Miami Crosswalk Accident Attorney Today

The South Florida personal injury lawyers at Gerson and Schwartz P.A. are ready to listen to your story and fight for your rights. We offer free consultations and can evaluate your case, your legal rights, and how much your crosswalk injury claim may be worth based on your individual circumstances. We work on a contingency basis, which means that you do not pay us unless and until we recover damages for you. We proudly represent clients in communities all over South Florida including Miami-Dade, Coral Gables, Broward, Fort Lauderdale, and West Palm Beach. For more information on how we can help you, contact us online or call us toll free at 1-877-475-2905 today.

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