Car Accidents

July 28, 2015

Understanding Comparative Negligence for Your Miami Auto Accident Case

When someone gets involved in an auto accident and suffers an injury, whether in Fort Lauderdale, Broward County, or any other area of Florida, they usually want the driver that hit them to be held responsible and cover their medical bills, lost wages, and other damages. However, you need to be aware of a legal doctrine known as comparative negligence. As Miami personal injury attorneys, we deal with this doctrine on a daily basis.

Understanding Comparative Negligence

If you partially contributed to the cause of the accident that resulted in your harm, a judge or jury can take that into consideration and compare the negligence of both parties. This comparison can result in a reduction in the amount of damages the other party has to pay, based on a determination of comparative negligence. For example, let’s say you are a pedestrian hit by a driver, but the evidence indicates that you were walking across the street in an area not designated for pedestrians. A judge or jury, applying comparative negligence, could determine that both you and the driver were negligent and apportion damages accordingly. They could, for example, determine that the driver was 75 percent negligent and you were 25 percent negligent and reduce any monetary damages award by 25 percent.

July 16, 2015

Crosswalk Accidents – Who Has the Right of Way?

by Gerson & Schwartz, P.A.

Florida ranks consistently as one of the worst states in terms of pedestrian safety. According to 2012 data published by the National Highway Traffic Safety Administration, pedestrian fatalities were highest in California (612), followed by Texas (478) and Florida (476). If you or a loved one was hit by a vehicle while in a crosswalk, you should consider speaking to an experienced Miami personal injury attorney to determine whether you have the legal grounds to pursue a civil claim.

Understanding Crosswalk Laws in Florida

Crosswalk laws in Florida are codified in the Florida Statutes Section 316.130 and discuss in detail the rights of a pedestrian while walking on a crosswalk. Pedestrian is defined as “anyone on foot,” provided there is some kind of movement associated with them. Persons on wheelchairs or roller-skates can also be considered pedestrians. However, cyclists are NOT considered pedestrians since they are operating a mode of transportation.

July 1, 2015

Passenger Killed in Tragic Accident on U.S. 301 and University Parkway

by Gerson & Schwartz, P.A.

As Miami personal injury lawyers with decades of experience handling serious car accident cases, we found the news of a tragic wreck that occurred in Sarasota, Florida truly heartbreaking. A 2007 BMW 750 Li was reportedly traveling northbound on U.S. 301 “at a high rate of speed” at around 2:40 a.m. when the driver failed to slow down while turning right onto University Parkway. The vehicle wound up cutting through the grass along the shoulder of the Parkway and crashed into an embankment. The high rate of speed caused the vehicle to become airborne ultimately coming in contact with a railroad support pole located on nearby railroad tracks. The vehicle then became engulfed in flames.

An innocent passenger’s life was extinguished in the accident. The victim was a Sarasota resident only 40 years young, according to a news report on Patch.com written by Ethan Levine.

Our deepest condolences go out to the victim’s family and friends. Losing someone you love is never easy, especially when the loss is sudden and completely unexpected.

June 29, 2015

Three Reasons to Hire a Miami Personal Injury Lawyer

by Gerson & Schwartz, P.A.

You are driving along a major road in Broward County, Miami Beach, Coral Cables, or any other locality in Florida when you get t-boned by another vehicle. The damage to your vehicle is extensive and you suffer serious physical injuries in the collision. Should you hire a Miami personal injury lawyer? This is an important question many Floridians struggle with. You may have heard some erroneous information about lawyers and needing to pay a big retainer fee to even speak to a lawyer for a few minutes. Do not hesitate. Below are three important reasons why it makes sense for you to speak to a Miami, FL injury lawyer.

Insurance Companies Treat People Differently if They Don’t Have a Lawyer

Make no mistake about it. When an insurance adjuster gets a call or letter from an unrepresented claimant, they routinely treat that claimant differently. In fact, many insurance adjusters will try to reach out to you shortly after the accident and offer a quick settlement before you even think about contacting an experienced Miami personal injury attorney. There have even been instances where an insurance adjuster will mislead a claimant and say, “You don’t need a lawyer. They’ll just take a big chunk of your settlement and leave you with a pittance.”

June 22, 2015

Do You Need Experts in a “Simple” Auto Accident Case?

by Gerson & Schwartz, P.A.

It may seem like a personal injury trial that involves an automobile accident, especially one with clear liability, would not need an abundance of experts to make a case to a jury. In fact, to many people, in cases where negligence is clear, the case may seem “easy.” But in fact, even a straightforward auto injury case, can end up involving a multitude of experts.

Who is an Expert?

An expert is needed to testify about matters that require more than what a layperson would know in a given field. In fact, it may even require testimony beyond what someone who is just working in a given field would ordinarily know.

May 14, 2015

Even The Best Cases Can Go Sour Based on Complex Evidentiary Issues at Trial

by Gerson & Schwartz, P.A.

Even injury cases that seem like “slam dunks,” or “easy” cases, can have complex issues, that could prevent someone catastrophically injured from recovering at trial. No case should be seen as easy, even when facts seem to look like they go in a victim’s favor. A recent case demonstrates how even when on the surface a case seems like a winner, what happens at trial can turn things around in a hurry.

The Wrongful Death Case

The case arose when the estate of the victim, who died, sued a driver in a rear-end accident. The defendant rear-ended the victim, ejecting her from her car, and killing her. It was later learned that the defendant was an off-duty police officer who had fled the scene after the accident, lied about what happened to his car, and at the time of trial, was actually in jail for charges related to the accident.

March 20, 2015

Study Ranks Florida #1…As Worst State to Get Into an Accident

by Gerson & Schwartz, P.A.

In many cases, being on the top of a best or worst-of list, can be bad news. That’s the case for Florida, which was recently ranked in a study as being the worst state in which to get into a car accident. That’s right, including Washington D.C., Florida was 51 of 51.

Study Evaluates Insurance Issues

The study was based on both the kinds of insurance required by a state, and the percentage of drivers that were driving, illegally or not, without any insurance. The study also took into consideration what kinds and what limits of insurance are required by drivers to be carried. Many states have no insurance requirements at all.

December 30, 2014

Are Police Officer Testimony and Accident Reports Admissible in Trial?

by Gerson & Schwartz, P.A.

If you are involved in a car accident, piecing what happened together can be difficult where there are disputed versions of how the accident occurred. Common sense may tell you that one crucial piece of evidence or testimony comes from the actual police officer that investigated the accident, especially if that officer gave a ticket and has an opinion about who was responsible for causing the accident.

But Florida law greatly restricts how and when information from a police officer can be used, and you may be surprised to learn that many aspects of an officer’s investigation may not be able to be used at trial at all.

Using Police Officer Testimony

December 17, 2014

Bad Faith Insurance Settlement Language Shouldn’t be Ignored

by Gerson & Schwartz, P.A.

If you are in an accident, and sue for your injuries, your case may not get to trial. In fact, few do. Many settle out of court, and when they do, there are settlement agreements to consider. In many cases, a settlement agreement may be exchanged early in the lawsuit process. Injury victims should be aware of what could happen if offers to settle injury lawsuits are exchanged before a lawsuit is actually filed.

A new case, Thompson v. Estate of Maurice, is a reminder of some potential problems that could arise in these cases.

Attempted Settlement Before Suit

October 15, 2014

Pedestrian Accidents are More Complex Than They May Seem

by Gerson & Schwartz, P.A.

When a car hits a pedestrian, it’s no wonder that there is often very serious injury that results. On one side are tons of steel barreling at significant speeds. On the other side, is a soft, slow, and vulnerable human body, which may not even see the accident coming. The result is almost always a huge disaster.

The Facts on Pedestrian Accidents

From 2009-2013 in Miami Dade County, there were 6,419 car-on-pedestrian accidents of varying degrees of injury. In the 0-17 age group, at least one injury was reported in 84% of accidents. Children, who are often walking about the neighborhood, playing in the street with friends, or who just may not appreciate the dangers of walking amongst cars, are sadly the ones most at risk.