Articles Tagged with car accident lawyer

On December 5, Carmelo Gonzalez, 44, was driving north on the Florida Turnpike near Quail Roost Drive. Another driver cut Gonzalez off and he lost control of his Toyota vehicle. Gonzalez’s vehicle left the road and he slammed into a tree. The car struck the tree on the driver’s side, trapping Gonzalez in the car. First responders from Miami-Dade Fire Rescue were surprised to find Gonzalez alive. They worked for over an hour to free him from the vehicle, so he could receive medical attention. He is suffering from two broken legs and a broken arm. He is expected to stay in the hospital for several weeks and has a long recovery ahead of him.

There were no reports on whether the vehicle that led to the single-vehicle crash was identified or whether that driver was ticketed. In accidents like these, another driver may not be found at fault. However, if the other driver can be identified, it may be possible for the crash victim to pursue personal injury compensation through an insurance claim or personal injury lawsuit.

If you were injured in a crash that was caused because of another person’s careless or reckless driving, contact a car accident lawyer from Gerson & Schwartz P.A. at (877) 475-2905. We are here to investigate your situation and advise you of your right to pursue compensation. If you have a valid claim, we will represent you in seeking a full and fair car accident settlement.

Natalie Farber, 75, was seriously injured in a hit-and-run crash. Farber is a retired Miami-Dade County Public Schools teacher and tennis coach. She suffered several broken bones due to the crash, including a fractured skull, according to her husband Frank Farber, and recently underwent her third surgery. The crash occurred around 2 p.m. when Farber was walking near Bedlington Road and Fairway Drive in Miami Lakes, FL. The vehicle struck Farber as she was walking. The driver did not remain at the scene of the collision. When Farber was discovered, she was taken to Jackson Memorial Hospital’s Ryder Trauma Center. The driver responsible for the accident is still being sought by police. Due to the hit and run, the matter is a criminal investigation. If the driver is discovered, Farber has a strong personal injury claim against them and could pursue compensation for her medical expenses, pain and suffering, emotional distress, and more. If you or a loved one were recently injured in a hit-and-run crash, you should speak with a Miami hit and run attorney about your rights. One of our highly experienced lawyers at Gerson & Schwartz P.A. can help you navigate the aftermath of the accident. We will review whether you have an insurance policy that will cover your injuries. If so, we can represent you during the insurance claim process and fight for you to receive appropriate compensation. You can reach us through our online form or by calling (305) 371-6000.

Miami-Dade County Hit-and-Run Crash Statistics

In early 2018, the Florida Highway Patrol released Florida’s 2017 hit and run statistics. That year, the FHP stated there were 98,000 hit-and-run crashes, which accounted for about 24 percent of all crashes. Additionally, a study published by the AAA Foundation for Traffic Safety found that Florida was in the top three states for hit-and-run crashes, based on per capita rates. Between 2006 and 2016, New Mexico, Louisiana, and Florida had the highest rates of fatal hit and runs. In 2006, hit and run fatalities in Florida were 195. By 2016, hit and run fatalities in the state had increased to 206. The lowest rates were in 2010 and 2011, when Florida had only 135 hit and run fatalities both years.

On Tuesday, August 28, just before 6 a.m., students from Homestead High School were involved in a fatal crash. The accident occurred Near SW 112th Ave and SW 248th St, near the Florida Turnpike. The Miami-Dade Police have confirmed that a Scion was driving south on 112th Ave when the driver veered right onto the dirt shoulder. The driver over corrected and then veered into oncoming traffic. The Scion crashed into an SUV and a Honda Odyssey, which were both headed north on 112th Ave. The driver and passenger in the Scion, both students of Homestead High School, were ejected from the vehicle. Shandel Mio, 15, was pronounced dead at the scene. He was a freshman at Homestead High School, and he had recently moved to Florida from Peru. The other student was airlifted to Kendall Regional Medical Center. The other vehicle’s occupants were taken to Jackson South Community Hospital with less severe injuries. If you lost a loved one or were seriously injured in a car accident   in Miami-Dade, contact Gerson & Schwartz P.A. at (305) 371-6000. We can help.

Pursuing Compensation After a Deadly Crash

After losing a loved one, such as a spouse, parent, or child, in a collision, it is hard to think about money. However, it is an ever-present issue. Following such a loss, your family can be left with many bills, emotional and psychological harm. If your loved one was transported to a hospital after a crash, you may be billed for the ambulance ride and the emergency room visit. Even with health insurance, these can be significant bills.

In early May, a two-vehicle accident in South Miami caused four individuals injuries and one person’s tragic death. The collision took place on U.S. 1 near 62nd and 57th avenues. The initial reports following the crash stated two pedestrians had been struck, one person had been seriously injured, and four others had been taken to nearby hospitals with unknown injuries. Later reports stated one person was killed in the crash, which took place at an intersection locals know to be dangerous.

The cause of the crash is under investigation by the Miami-Dade Police Department. Their findings will influence potential criminal and civil proceedings. One or both vehicle drivers may be found to have violated traffic laws, which could lead to tickets or traffic offense charges. Also, the at-fault driver may face civil personal injury or wrongful death claims for compensation from the injured parties and their families.If you were injured or lost a loved one in a car accident, you should speak with a Miami car accident lawyer at Gerson & Schwartz P.A. as soon as possible. Call us at 305-371-6000 or toll free at (877) 475-2905 to schedule a free consultation.

Liability for Car Accidents

Our Miami personal injury law firm found a very interesting report that was recently released. The study’s outcome was to determine whether ride-sharing services, such as Uber, have contributed to a decrease in accidents related to driving under the influence over a certain period of time. The implication here being that as people that may be too intoxicated to drive and then call sober ride-share drivers for their ride home, there are less drunk drivers on the road causing accidents. However, apparently the results of this study found that this was not necessarily the case in all American cities.

The study looked at the availability of the ride share service Uber (currently the largest among ride-sharing companies, which purportedly also include: Lyft, Sidecar, Wingz, Summon, Taxify, Haxi, Didi Chuxing, and Moovn) from 2013-2016 in four major cities in the United States. The study author is a postdoctoral fellow at the University of Pennsylvania’s Injury Science Center.

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Fatal car accidents occur on the roads of Miami every day. Even when an accident was not caused by drunk driving, or texting while driving, or other behaviors which pose an obvious risk, it can still permanently change the lives of everyone involved. This is a lesson which tennis star Venus Williams is learning the hard way. Miami area residents and visitors have long trusted Gerson & Schwartz to protect their legal rights after any car accident. Gerson and Schwatz, PA  employ some of the best car accident attorneys  in Miami, Florida when it comes to negotiating and litigating injury claims arising from car, truck or motorcycle accidents, and many other types of personal injuries.

A Simple Accident That Changed Lives Forever

On June 9, 2017, Venus Williams was driving near her home in Palm Beach Gardens. She entered an intersection on a green light but was stuck in the intersection after the light turned red, due to stopped traffic ahead of her. Linda Barson, driving the opposite direction, drove through her green light into the intersection, where she collided with Williams’ sport utility vehicle. Witnesses initially told investigators that Williams ran the red light., Body camera footage from a responding officer showed him telling her that she had the right of way when she entered the intersection, but lost it when the light turned red. He declined to issue her a traffic citation because she “got stuck in a bad situation” and he felt she should “let the insurance companies work it out”. Barson suffered minor injuries, and her husband – a passenger in the vehicle – was initially conscious but disoriented. After fourteen days in the hospital, he died of internal bleeding, a fractured spine, and massive internal organ damage.

In the vast majority of car accident cases,  liability is not contested. This generally means that is perfectly clear who caused the accident and the only issue that needs to be addressed is the amount of money the at-fault party (or his or her insurer) will pay the victim. Unless there is a significant disagreement as to the amount of damages, the case may settle without either party needing to set foot in a court room. But what about auto, car and motor vehicle  accident cases in which liability is not obvious or is disputed? How does a car accident victim prove another person was legally at fault for their accident? In these cases,  obtaining financial recovery becomes significantly more complicated. Below is some information about how liability can be established in a contested car accident case. Of course, in under these circumstances, its always a good idea to hire a car accident lawyer in Miami . Below are some of the evidence your personal injury lawyer will need to help prove your legal claim.

Showing Fault Can Require Significant Investigation

Generally speaking, proving that the other party was at fault for an accident requires gathering evidence of his or her negligence. Under  Florida law, negligence occurs when a person fails to use the degree of care that would ordinarily be exercised by a reasonable person in the same or similar circumstances. In the context of a auto, car or motor vehicle accident case, negligence can take many forms, including speeding, distracted driving, failure to signal a turn or lane change, or drunk driving.

According to a recent article published by the Huffington Post, the Florida Legislature is now considering a new piece of legislation, entitled the “Aaron Cohen Life Protection Act,” named for a bicyclist that was killed on the Rickenbacker Causeway in 2012, that would increase the minimum jail sentences for leaving the scene of an accident to three years for an accident resulting in injury, seven years for serious bodily injury, and ten years for a hit-and-run resulting in death. The proposed legislation would also require a convicted offender’s license to be suspended for a minimum of three years. Our Miami hit-and-run accident attorneys will be paying close attention to any possible outcomes.

Under current Florida law, there is no minimum sentence for leaving the scene of a deadly accident. Florida law requires anyone involved in a car accident to remain at the scene and render aid and provide information. According to Florida Statutes Title XXII Section 316.027, “the driver of a vehicle involved in a crash…that results in the death of any person must immediately stop the vehicle…and remain at the scene.”

Leaving the scene of an accident where there is property damage is a misdemeanor of the second degree and carries a maximum penalty of 60 days in jail and a $500 fine. Leaving the scene of an accident involving injuries is a felony of the third degree and can result in a maximum penalty of five years in prison and a $5,000 fine. Leaving the scene of an accident in which someone dies is a felony of the first degree carrying a maximum penalty of 30 years in prison and a $10,000 fine.

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