Articles Posted in Car Accidents

Recent Miami Motorcycle Accidents

When you are injured in a motorcycle accident in the Miami area, you need an accident lawyer who has experience. The motorcycle accident lawyers at Gerson & Schwartz serve clients with serious and catastrophic injury and death cases. In many injury cases, people injured in motorcycle crashed sustain extremely serious injuries, some of which can even be life threatening. Here are some of the more serious motorcycle accidents that have occurred in recent years in and around Miami. At Gerson and Schwartz, PA our lawyers have over 4 decades of experience in handling motorcycle crash cases for the residents of the greater Miami area. Let us protect your right to compensation so you can focus on healing from your injuries.

Below are some of the more serious motorcycle accidents that have occurred in recent years in and around Miami:

At Gerson & Schwartz, P.A., we are committed to representing the rights of people who have been hurt in motor vehicle crashes. Our Miami car accident lawyers will review your case for free and do not collect any legal fees unless we successfully recover a settlement or award on your behalf.

Whether you will be able compensation (as well as the amount you ultimately do recover) depends in part on the things that you say and do in the hours, days, and weeks after you are hurt in a crash.

Getting hurt in a car accident is not something anyone expects. As a result, many victims are completely in the dark about what they should and should not do after they have been involved in a wreck. Here are some of the steps that you definitely should take after an accident – in our next blog, we will discuss certain things that you should avoid.

Car accidents can occur in unexpected situations and often without any warning. In many cases, people injured in these types of freak accidents are legally entitled to compensation from the person or party at fault for the accident. At Gerson & Schwartz, P.A., our car accident attorneys are committed to protecting the rights of the injured and work tirelessly to ensure that our clients obtain the full and fair value of their claim as soon as possible.

Diners in a local donut shop recently learned just how unexpected a car accident can be earlier this month when a car crashed through the front of a Miami-Dade donut shop. According to a report published at NBC six people were rushed to the hospital with varying injuries. Witness reported that it appeared that the driver, an older woman, hit the gas instead of the brake.

Obtaining Compensation after a Serious Accident Can Be Complicated

Large commercial trucks like semis, tankers, and others are common sight on Florida highways and interstates. As any driver with even moderate experience can confirm, the people who drive these vehicles sometimes drive in excess of the posted speed limit and may even engage in driving that makes others nervous or even downright afraid. This should come as no surprise, as long hours on the road and tight schedules often incentivize truck drivers to get to their destinations as quickly as possible.

These feelings are reasonable, as a speeding semi-truck traveling at 70 or 80 miles per hour could easily crush a smaller passenger vehicle, and truck accidents injure tens of thousands of people each year in the United States. In an effort to make our roadways safer, last year the United States Department of Transportation (DOT) proposed equipping all newly manufactured trucks, buses, and multipurpose passenger vehicles with a gross vehicle rating of more than 26,000 pounds with speed limiters that would set their maximum speed at 06, 65 or 68 miles per hour.

Will the Rule Take Effect?

With the holiday season upon us, we will unfortunately notice a rise in drunk driving accidents. The National Highway Traffic Safety Administration has previously reported that on average, there are 36 fatalities every day in the United States that are attributed to drunk driving. During the Christmas holidays, there are 45 per day, and during the New Year holiday, there are 54 per day. Snowy, icy weather in many parts of the country, coupled with champagne toasts, eggnog, and other holiday beverages contribute to the high number of drunk driving accidents that are reported this time of year. In addition, longer periods of darkness in the winter create lower visibility, which also leads to many accidents. Miami personal injury attorneys help victims of drunk driving accidents recover monetary damages for the harm they have suffered.

What happens if you are hit by a drunk driver, or worse, if a loved one is killed by a drunk driver?In addition to criminal charges, civil claims may also be filed against the at fault driver. Injured parties may seek numerous types of damages from a drunk driver. With the assistance of a Miami drunk driving injury attorney, these victims may be able to recover for their medical bills, lost wages, pain and suffering, and other types of damages. For example, if you had to build a wheelchair ramp on your home while you recovered, you may be able to recover for the cost of this addition as well. Essentially, you may claim any and all damages that stem from a drunk driving accident in a civil suit.

First, your injury attorney will attempt to negotiate a settlement with the drunk driver’s insurance company. However, in most cases, the insurance company will not settle for a reasonable amount. Your injury attorney’s job is to protect your legal interests, so your attorney will advise you to reject any settlement offers that do not adequately compensate you. If the insurance company refuses to offer or accept a reasonable settlement proposal, a lawsuit may need to be filed.

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.

Recovering for Medical Bills after Being Hit by a Drunk Driver in Miami

With the holiday season and new year upon us, we will unfortunately notice a rise in drunk driving accidents. The National Highway Traffic Safety Administration has previously reported that on average, there are 36 fatalities every day in the United States that are attributed to drunk driving. During the Christmas holidays, there are 45 per day, and during the New Year holiday, there are 54 per day. Snowy, icy weather in many parts of the country, coupled with champagne toasts, eggnog, and other holiday beverages contribute to the high number of drunk driving accidents that are reported this time of year. In addition, longer periods of darkness in the winter create lower visibility, which also leads to many auto accidents. Miami personal injury attorneys help victims of drunk driving accidents recover monetary damages for the harm they have suffered.

What happens if you are seriously injured by a drunk driver?

On Monday, November 21, 2016, a school bus carrying 35 students with an adult driver violently crashed into a telephone pole in Chattanooga, TN. The crash killed six children. Twenty-three other children were taken to area hospitals suffering from varying degrees of injuries. The children ranged in ages from kindergarten to fifth grade. There is no doubt that such an occurrence is a parent’s worst nightmare. The exact cause of the crash remains under investigation. Experienced accident attorneys can help hold bus companies and other commercial vehicle owners legally  responsible for their actions and help recover money damages if you or a loved one were seriously injured in a Florida school bus crash or a victim of negligence.

Common Carrier Liability Under Florida Law.

Under Florida law, a public bus is considered a common carrier. The “common carrier” doctrine establishes a higher duty of care to transport passengers safely. The law requires a common carrier exercise the highest degree of care, foresight, prudence and diligence reasonably demanded at any given time by the conditions and circumstances then affecting the passenger and the carrier while the contract of carriage is being performed.  This heightened duty creates legal liability even in the event of an intentional tort, or premeditated act, so long as the contract of carriage is being performed. While the crash officially remains under investigation, the local police have charged the bus driver with several crimes including motor vehicle homicide and negligent driving.  The charges the bus driver faces could be upgraded depending upon the direction the investigation takes. The investigation could lead to a conclusion that the school bus driver acted with deliberate premeditation. Even is this were an intentional act under Florida law, the county would be liable.

In today’s society, almost every driver has a cell phone. Whereas cell phones are often a lifesaver after an accident, or when a driver is stranded, they also pose a dangerous threat to motorists in the state of Florida. In 2015, approximately 45,740 accidents in Florida were attributed to distracted driving. About 24,560 of these crashes resulted in injuries, and, tragically, 198 resulted in fatalities. Nearly 200 individuals lost their lives in 2015 in Florida because a driver failed to pay attention to the road. Distracted driving accidents are on the rise and unfortunately will likely continue in the near future.

There are three categories of distractions on the road:

  • Visual, or taking one’s eyes off of the road;

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Traffic accidents involving commercial motor vehicles can cause substantial injuries. Unfortunately, these accidents occur all too often. The Federal Motor Carrier Safety Administration reports that in 2014 there were 3,424 injuries in large truck crashes that resulted in at least one fatality while 82,000 of the accidents resulted in at least one nonfatal injury.

Commercial motor vehicles are subject to a variety of regulations both state and federal. Some of these include the number of hours a driver can operate and other physical conditions and limitations that passenger vehicles are not required to follow including acceleration, braking, and visibility-related issues which are all more likely to result in substantial injuries than accidents only involving passenger cars. There are several important factors to consider when analyzing why commercial motor vehicle accidents are more likely to cause injury than automobile accidents involving passenger cars. Our Miami injury and accident attorneys have years of experience representing clients injured in auto, truck, and commercial vehicle accident cases. Some other factors our lawyers will analyze in a truck or commercial vehicle accident case include:

  • Size and Weight: Commercial motor vehicles weigh between 16,000 to 20,000 pounds. For example, any commercial motor vehicle that weighs beneath 80,000 pounds in gross is permitted to operate without a special permit. Commercial motor vehicle collisions involve objects of much greater size and force coming to a stop, which greatly increases the likelihood of injuries occurring.

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