Articles Posted in Car Accidents

Distracted driving has become a national public health crisis. While food, drinks, children, and pets have always provided drivers with ample distraction from the road, technology is increasing the problem to unprecedented proportions. In-vehicle entertainment systems, navigation systems, and the ubiquitous smartphone are diverting drivers’ attention from the road as never before.

If you or a loved one has been injured in a car accident caused by a negligent driver, you have legal rights which must be protected. Miami residents trust the team at Gerson & Schwartz to secure fair compensation for the auto accident injuries. Our Miami car accident lawyers will aggressively protect your legal rights after any car accident including distracted driving accident cases.

What is Being Done About this Public Health Crisis?

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.

Too often, negligent drivers fail to appreciate the severity of their actions. This is a lesson which one young Miami resident learned the hard way. Franklin Chavez, a twenty-four-year-old massage therapist, was sentenced to seven years in prison and eight years on probation for causing an accident which killed a young medical student and crippled her brother.

A Fun Night Turned Nightmare

The accident caused by Franklin Chavez occurred in December 2015. He began his evening by joining his Crossfit friends at a bar. Later, he went to another bar, where he was believed to have been drinking through the night. At 5:22 a.m., Chavez was traveling the wrong way on the I-95. His Toyota Yaris did not have its lights on. He slammed into a vehicle driven by Elisa Diaz at over seventy miles per hour. Diaz’ children, Carmen and Bryan Criales, were passengers. Twenty-three-year-old Carmen, a medical student, was killed on impact. The force of the collision was so violent that her body could not be removed from the vehicle on the scene. Bryan and Elisa were taken to a hospital in critical condition. Elisa was forced to miss her daughter’s funeral, and Bryan was confined to a wheelchair. He no longer has the ability to speak.

Attorneys, especially personal injury lawyers, often suffer from a bad reputation among the general public. One of the most ubiquitous stereotypes about the profession is that of the “ambulance chaser.” The term brings to mind an image of a sleazy attorney in a bad suit hoping to make a fee by following an ambulance to the hospital and harassing the family of an injured person while their loved one lays in a hospital bed.

The vast majority of attorneys work hard to combat these negative and outdated stereotypes of the legal profession. Unfortunately, there are still a few lawyers and legal professionals practicing today who continue to give attorneys a bad name. At Gerson & Schwartz, P.A., our Miami car accident lawyers work hard to give clients the best legal representation possible, without the high-pressure sales tactics that lead to unfair characteristics of the legal profession.

Ambulance Chasing Is Illegal

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 & 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.

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