Car Accidents

September 15, 2024

Miami Pedestrian Accidents: Florida Laws and Your Rights

Miami is a vibrant city known for its sunny weather, beaches, and walkable neighborhoods. Unfortunately, in an urban area with an ever-growing population, pedestrian accidents are a serious concern in South Florida. The state has consistently ranked high in pedestrian fatalities nationwide, and statistics from the Florida Department of Highway Safety and Motor Vehicles (FLHWMV) are proof. Every year, there are almost 11,000 pedestrian accidents statewide, leading to around 785 fatalities and injuries to almost 8,150 victims. Of these, more than 3,650 collisions involving people on foot take place in Broward, Miami-Dade, and Palm Beach Counties.

You are no doubt feeling overwhelmed and unsure of what to do if you have been involved in a collision while walking in South Florida. Because of the physical, emotional, and financial impacts, it is important to get help from a Miami pedestrian accident attorney to enforce your rights. You can learn more about how to protect yourself by reviewing some basic information.

Top Three Reasons Behind Pedestrian Accidents

April 15, 2024

What Florida Traffic Laws Do E-Scooters Need to Follow?

by Gerson & Schwartz, P.A.

If you are an avid e-scooter user, you are likely attracted to these vehicles for their convenience, reduced environmental impact, and affordability. Another factor you realize is that you are at risk of serious collisions when sharing the road with larger, faster motorized vehicles. Still, despite the fact that you are considered a vulnerable road user, the Florida Driver License Handbook stresses that the traffic regulations do apply. These laws exist to protect the safety of pedestrians and bicycle riders, as well as those operating e-scooters.

Depending on the location, e-scooters may occupy lanes of Miami streets, intersections, crosswalks, designated bike lanes, sidewalks, and other spaces. The overlap increases the potential for serious collisions. A Miami e-scooter accident attorney can help with the legal process if you are injured, but it is critical to know the traffic laws that apply to you as an operator.

Traffic Laws for Florida E-Scooters

March 15, 2024

How Laws are Different for Florida Truck v. Car Accident Cases

by Gerson & Schwartz, P.A.

Truck accidents are fortunately not among the most common traffic-related incidents in Florida, but they do tend to cause extreme devastation when they happen. The Federal Motor Carrier Safety Administration (FMCSA) reports that there are around 9,640 crashes every year involving semis, 18-wheelers, delivery trucks, and other large commercial vehicles. More than 300 people are killed and another 5,050 victims are injured in these collisions. In other words, approximately 55 percent of all truck accidents lead to at least one casualty, usually in the passenger vehicle.

Under Florida law, truck crashes are very similar to auto collisions in many ways. Therefore, you could qualify to recover compensation if you were injured or lost a loved one. However, there are some critical distinctions you need to know. You can rely on your Miami truck accident attorney to handle the details and meet legal requirements for your claim. Plus, it is useful to review the differences between truck and car collisions.

Potential Parties

September 15, 2022

Horrific Wrong Way Crash in Miami Kills Five Victims

by Gerson & Schwartz, P.A.

Several families remain in mourning after five victims were killed in a wrong-way crash in Miami on August 20, 2022, but they may soon see justice for the loss of their loved ones. According to Miami’s Local 10 News Channel, Florida Highway Patrol arrested the at-fault driver as he lay hospitalized for the injuries he sustained. The current charges are five counts of vehicular homicide, though FHP may add counts if it is determined that the man was impaired at the time of the collision. Officials stated that the wrong way accident occurred when the man was heading east in the westbound lanes of Palmetto Expressway around 4:30 a.m. He smashed head-on into a Honda sedan carrying the five victims, who were all pronounced dead at the scene.

After a fatal auto crash, family members typically have remedies under Florida wrongful death laws. However, there are certain factors in this recent collision that could create challenges, so retaining a Miami wrong-way car accident lawyer is essential. It is also helpful to review some information on the causes behind these horrific incidents.

Common Causes of Wrong-Way Auto Collisions

June 24, 2022

Four Things to Know About Turo Accidents in Miami

by Gerson & Schwartz, P.A.

You know how popular the crowd-sharing business model is for people seeking accommodations, ride-hailing, e-scooter and bicycle sharing, and other services, so it should come as no surprise that the trend has hit the Miami rental car market. The leader in the field, Turo, was actually founded in 2009, so car sharing has actually been around for some time. For both renters and hosts, the tourism industry in South Florida is ideal. It is possible to get a good deal on the perfect car, truck, or van that suits your needs. Vehicle owners can supplement their income and make use of the extra cash.

However, just as legal issues emerged from other crowd-sharing services, there can be complications with renting through Turo if you are in a collision. There are multiple factors that can impact your rights, so it is smart to work with a Miami car sharing accidents lawyer who can assist with the process. Some information about liability, insurance, and other key topics in Turo crashes may also be useful.

Your Rights When Renting Through Turo

May 15, 2022

Where Do I File an Insurance Claim Under Florida’s No-Fault Car Accident Law?

by Gerson & Schwartz, P.A.

The Florida Department of Highway Safety and Motor Vehicles (FLHSMV) has established certain auto insurance coverage requirements for motorists, just like equivalent government agencies have done in every other US state. However, the laws provide a key difference that has a huge impact on the claims process after a car accident — no-fault liability. Just as the term suggests, this means you do not have to prove that the other driver caused the crash.

Through application of Florida’s no-fault auto insurance laws, the short answer to the question is: You file an insurance claim with your own insurer to obtain compensation for your losses after an auto collision. However, there are many additional details to know, especially since this first option is not the only one. By retaining a Miami car accident lawyer, you can take advantage of all legal remedies, which may mean higher monetary damages. An overview explains the basics.

Additional Details on Florida’s No-Fault Law

March 20, 2022

Tips to Protect Your Rights After a Florida Drugged Driving Crash

by Gerson & Schwartz, P.A.

Regardless of the decriminalization and legalization of pot in states across the US, NO jurisdiction has made it OK to drive while under the influence of marijuana. Unfortunately, statistics from the Florida Department of Highway Safety and Motor Vehicles (FLHSMV) reveal that a ban on drugged driving has not deterred motorists from getting behind the wheel while high. There are more than 100 crashes linked to drug and drug/alcohol use every year, leading to almost 50 fatalities and 100 injuries to victims.

Just like DUI, drugged driving is against the law because of the implications on a motorist’s ability to safely operate a vehicle. However, there are key differences with these cases when pursuing an at-fault driver for compensation. One of the most critical is the possible lack of evidence: Whereas you might have proof of BAC via a breathalyzer for a DUI collision, no at-the-scene tests exist to show drug consumption. You can rely on a Miami drugged driving accidents attorney to develop a strategy, but some tips are useful in overcoming this challenge.

What to Do After a Drugged Driving Crash

January 28, 2022

The Consequences of Distracted Driving in Florida

by Gerson & Schwartz, P.A.

Distracted driving is very dangerous and leads to numerous preventable accidents and deaths in Florida each year. In 2019, distracted driving resulted in 3,142 deaths nationwide. If you have been injured in Miami due to the negligence of a distracted driver, you may be able to pursue compensation for your losses. An experienced distracted driving accident attorney in Miami can help.

What is Distracted Driving?

Distracted driving is defined as engaging in any activity while driving that would take your attention away from operating your vehicle. It only takes one second to get into a major accident when you allow yourself to get distracted while driving. There are three major types of driver distractions, which are:

October 30, 2021

Safety Tips if You Encounter a Wrong Way Driver in Miami

by Gerson & Schwartz, P.A.

Like most South Florida motorists, you will probably experience a strong sense of panic if you see two headlights bearing down upon you in the same lane of traffic. This scenario is thankfully quite rare, but statistics from AAA still reveal some disturbing trends on wrong way car accidents. From 2015 to 2018, the number of fatal wrong way auto collisions increased 34% as compared to the time period from 2010 to 2014. In an average year, approximately 500 people are killed in these collisions, while thousands of other victims suffer serious and catastrophic injuries in wrong-way vehicle accidents.

If you were hurt in a crash caused by a motorist traveling in the opposite direction of traffic, it is critical to consult with a Miami car accident attorney about your legal rights and remedies. Plus, you may benefit from some tips to bear in mind for avoiding a wrong-way collision:

What to Do if You Encounter a Wrong Way Driver

April 30, 2021

Will Florida Repeal “No-Fault” Laws for Car Accidents?

by Gerson & Schwartz, P.A.

After years of debate, measures have moved forward in both chambers of the Florida legislature to repeal the state’s 50-year-old motor vehicle no-fault law. Senate Bill 54 has already passed, while companion House Bill 719 was approved in the committee stage on April 19, 2021. The proposed legislation has been the subject of some controversy among lawmakers, insurance industry experts, and consumer groups, who argue over how eliminating the no-fault law will affect insurance rates.

Under the current no-fault rule, if you were injured in a Miami car accident, you would seek compensation from your own insurance company through your Personal Injury Protection (PIP) coverage. If passed and signed by the governor, Florida would essentially become a so-called “at-fault” state: You would file a claim with the at-fault driver’s insurance company to obtain monetary damages after a collision.

Obviously, the elimination of no-fault principles is a major reversal of existing law and will have considerable implications if you were hurt in a motor vehicle crash. Here are some things to know as the bills move closer to passage.