Car Accidents

September 26, 2016

Distracted Driving a Leading Cause of Accidents in Florida

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;

August 24, 2016

Trucking Accidents Part 1: Why is an Accident Involving a Commercial Truck More Likely to Cause Injury?

by Gerson & Schwartz, P.A.

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.

July 29, 2016

Cyclist Awarded Over $33,000 Following Road Accident

by Gerson & Schwartz, P.A.

Bicycle injuries are common across the world, and despite regulations and rules regarding bike safety, it does not appear that accidents have lessened. A recent case in Ireland is an example of how a cyclist can fight for his or her rights and obtain the compensation deserved following an accident. While not all cyclists have a case, if a bicycle accident was caused by another motorist, it may be wise to consider some type of personal injury lawsuit. This could help cover medical fees along with any other expenses related to the accident.

If you or a loved one have experienced a personal injury related to a biking accident, you may wish to seek an attorney that will help you obtain the compensation you deserve. The Miami personal injury lawyers at Gerson & Schwartz, PA provides a FREE initial consultation to discuss your case. Simply call (305) 371-6000 or toll free at (877) 475-2905. You can also contact us online at info@gslawusa.com.

Injured Cyclist Awarded Over $33,000

July 15, 2016

Self-Driving Cars: Safe or Risky?

by Gerson & Schwartz, P.A.

Self-driving cars are notably convenient and exciting, but the technology behind them has been increasingly associated with personal injury, one case having recently been fatal. According to reports, the family of a man who died while driving a car with its Autopilot function turned on is suing the manufacturer in an effort to not only receive damages but to also force the industry to make smarter decisions when designing and testing new automobile technology.

If you or a family member has suffered an injury while driving a car and are seeking damages, you will need an experienced attorney to assist you with your case. The Miami personal injury lawyers at Gerson & Schwartz, PA will work with you to help you achieve the reward you deserve. Call us at (877) 475-2905.

Self-Driving Cars and Fatalities

May 27, 2016

Fatal DUI Accidents and Wrongful Death in Florida

by Gerson & Schwartz, P.A.

Per Florida statute, a person shall be charged with driving under the influence if he or she has a “breath-alcohol level of 0.08 or more grams of alcohol per 210 liters of breath.” In Florida, as in other states, DUIs are a daily threat to public safety. As a matter of fact, per Mothers Against Drunk Drivers (“MADD”), 27.5% of all traffic fatalities in Florida involve drunk drivers. In the 2014 alone, there were 40,677 DUI arrests.

A doctor, 61-year-old Eric Martin Spivack, living in South Florida, was arrested for the crash that killed a pedestrian in North Miami Beach. Spivack faces a DUI manslaughter charge. Spivack, a cardiologist, was driving when he fatally struck Yakov Duboschinskiy, 77 years of age. Duboshinskiy was crossing the street when he was hit. When police arrived at the scene, they noted that Spivack smelled of alcohol. A toxicology test would later reveal that Spivack had a blood-alcohol level of .087. This is above the legal limit of .08. Spivack also had traces of codeine in his system.

If you or a loved one are a victim of a crime, it is imperative you hire an experienced attorney. The Miami crime victim lawyers at Gerson & Schwartz, PA provide high quality legal representation. For more information call us toll free at (877) 475-2905 or contact us online to set up a FREE initial consultation.

May 20, 2016

Jeep and Train involved in Fatal Accident

by Gerson & Schwartz, P.A.

Railroad companies across this nation have strict rules to follow. Most of the rules serve purposes of safety and protection of motorists and pedestrians. As you may know, sometimes railroad companies do not follow said rules. This can cause fatal accidents. Yet, train passengers and nearby motorists can be injured or even killed by trains even when train companies follow the rules.

For instance, recently in Plant City, Florida, a passenger in a SUV was killed when a train struck the vehicle. This accident occurred at the railroad crossing for Candis Road and Paul Buckman Highway. 19-year-old Bruce Dean drove the vehicle. Mr. Dean, apparently, attempted to beat the train through the intersection. During this failed attempt, the train forcefully smashed into the passenger side of the SUV. The passenger died at the scene. Per statistics, the overall most common cause of railroad accidents occurs at railway crossings. As in the above-mentioned incident, motorists make attempts to beat oncoming trains through the intersection. In actuality, studies find that this type of accident in the United States occurs every 90 minutes.

If you or a loved one is injured from a train accident, at the fault of the railway or train company, it is imperative to hire an experienced personal injury attorney for your case. The Miami personal injury lawyers at Gerson & Schwartz, PA are here for you.

April 15, 2016

Florida’s Dram Shop Law

by Gerson & Schwartz, P.A.

If you are a bartender, or if you own a bar, there is an important law that you should be aware of: Florida’s dram shop law. This law was recently argued in a Florida court following a fatal car accident. Terry Dinkins of Water Park, the owner of Acme Comic Superstore, caused said accident. The night of the accident he visited a bar for an event hosted by Acme. He then drove away from the bar with a blood-alcohol level of 0.20, and began driving in the wrong direction down State Road 436. Mr Dinkins then collided head-on with a gray Nissan. Sylvia Barajas and Brandi Cole, passengers of the Nissan, were killed on impact. Three civil lawsuits followed, one being against the bar. This lawsuit alleges that the bar was negligent under Florida’s dram shop law. This post will define Florida’s dram shop law and hopefully provide some clarity.

How the Dram Shop Law Works in Florida

Upfront, various states have dram shop laws that allow injured people to seek compensation from a third party, such as a bar or a host at a social gathering, if that third party provided alcohol to someone who then caused an alcohol related accident. Florida’s dram shop law differs from other states’ dram shop laws. In Florida, per Florida Statute Section 768.125, if an individual willfully and unlawfully provides alcohol to a minor under 21 years of age or knowingly provides alcohol to a person habitually addicted to alcohol, that person, or bar, may be held liable for any injuries caused by the minor or the person who is habitually addicted.

April 8, 2016

Pedestrian Accidents

by Gerson & Schwartz, P.A.

The weather is drastically warming as we approach the summer. At the same time, more and more people are spending time enjoying outdoor activities. With this, it is important to take caution as accidents, sometimes fatal accidents, can occur when least expected. Recently, in Winter Park, Florida, a van slammed into a man who was walking down a sidewalk near the intersection of 436 and Aloma Avenue. The van knocked the man to the ground and kept rolling until it slammed into a sign and then a fire hydrant. The van then flipped over onto its roof. One witness reports that the victim saved his girlfriend from being hit by pushing her out of the way. The victim suffered from a broken leg and a head injury.

If you or someone you love has suffered injury at the fault of another person, you may be entitled to substantial compensation. To increase your chances of compensation, it is imperative that you hire an attorney for your case. The Miami personal injury at Gerson & Schwartz PA lawyers are here to help. Our lawyers have provided high quality legal representation to injured people in Florida for over 40 years. We are dedicated to protecting our clients’ rights and helping them get back on their feet. For a FREE consultation, call (305) 371-6000 or contact us online.

Florida’s Relevant Law

March 4, 2016

Partial Fault for a Florida Automobile Accident

by Gerson & Schwartz, P.A.

Automobile accidents are prevalent here in Florida. As it turns out, automobile accidents are one of the leading causes of injury and death in Florida. Are you a victim of such an accident at the fault of another person? If so, are you hesitant on initiating a claim because you may have been partially at fault for the accident? True, this would be a huge problem in Alabama, Maryland, North Carolina, Virginia, and the District of Columbia because these states follow the “Contributory Negligence” rule. Per said rule, an injured person (“Plaintiff”) will not recover from the at-fault driver (“Defendant”) if Plaintiff was at fault to any degree. Fortunately, this rule does not apply in Florida.

It is critical that you hire an experienced attorney for your case. The personal injury and accident attorneys at Gerson & Schwartz PA are here to help. Our experience spans over 43 years with significant results at both the trial and appellate levels. We have successfully represented injured drivers and passengers in every imaginable automobile accident scenario.

Florida’s Pure Comparative Fault

January 22, 2016

Florida Automobile Accidents

by Gerson & Schwartz, P.A.

Last December in Florida, a woman was traveling in the wrong direction and I-95 and hit a Chevrolet Cobalt head-on, killing herself and the four passengers in the Cobalt. Car accidents can happen to anyone, anywhere; even to the most reasonable drivers. As in this example, car accidents can be tragic and often fatal. If you are in an accident at the fault of another person, it is important that you know and understand your legal rights as you may be entitled to compensation for your injuries.

The Miami, Florida personal injury attorneys of Gerson & Schwartz PA have over 43 years of experience handling automobile accident claims. Our attorneys have successfully represented injured drivers and passengers in various automobile accident scenarios ranging from head-on collisions, rear-end collisions, motorcycle crashes, drunk driving accidents, hit and runs, pedestrian accidents, bicycle accidents, even uninsured and under-insured motor vehicle accident claims. Additionally, our law firm handles complex car accident cases that involve insurance coverage disputes and product liability claims such as defective design and automobile manufacturing defects.