Car Accidents

March 10, 2021

Uptick in Uber, Lyft Traffic May Increase Risk of Miami Car Accidents

For years, Uber and Lyft drivers have relied on their respective apps to match them with passengers needing a ride. When signing into the mobile app and frequenting the most popular spots for ridesharing services around Miami, these transportation network company (TNC) drivers could maximize their earning potential simply by making themselves available. However, a new app could soon change this workflow and help ridesharing drivers increase earnings: Gridwise incorporates technology that collects data on passenger trends and identifies key metrics to predict when and where Uber/Lyft can make the most money.

While this is excellent news for TNC drivers, an uptick in traffic can also lead to a higher risk of auto collisions. There are multiple factors at play, all of which combine to create a potentially dangerous situation. You should talk to a Miami ridesharing accident attorney about your legal options if you were hurt, and read on for some of the basics.

Implications of Increased Uber and Lyft Traffic in Miami

March 5, 2021

Avoid Distracted Driving to Prevent Car Accidents in Miami

by Gerson & Schwartz, P.A.

After years of public awareness campaigns and enactment of numerous Florida laws prohibiting interaction with telecommunications devices, Miami drivers are well-aware of the dangers of using a cell phone behind the wheel. Specifically with regards to texting, the Florida Department of Highway Safety and Motor Vehicles (FLHSMV) points out that there are three areas that impact safe driving:

Visual, where you take your eyes of the road and vehicle systems;
Manual, since your hands are not on the steering wheel where they belong; and,

March 3, 2021

What if the At-Fault Driver Was Not Ticketed After My Miami Car Accident?

by Gerson & Schwartz, P.A.

While the majority of Miami car accidents are linked to careless acts by drivers, the most common root cause of these incidents is violations of Florida Rules of the Road. Traffic laws are well-known to all motorists, so they are aware of their legal duties. When they do not comply with regulations aimed at keeping people safe, drivers put other road users at risk. If you were hurt in such a collision, you probably expect that the at-fault motorist will be ticketed, and you can use this information to support your claim.

However, you might be surprised to find that drivers often do not receive a traffic citation after a crash. You probably wonder about your rights under these circumstances, so trust a Miami car accident lawyer to explain how the laws work. Some general information may also help you understand the relevant concepts.

Traffic Tickets are Separate From Civil Remedies

February 24, 2021

3D-Printed Prosthetics Offer Hope to Miami Car Accident Amputees

by Gerson & Schwartz, P.A.

You probably cannot imagine living without an arm, leg, or hand after losing a limb in an accident, but there are many people in Florida and nationwide who face challenges every day due to amputation. The Amputee Coalition reports that nearly 2 million individuals live with limb loss in the US, almost half of which suffered their injuries through auto crashes, truck collisions, motorcycle accidents, and other related trauma. Another 185,000 amputations add to that total every year, and more than 83,000 of them are linked to personal injury accidents.

Sadly, many leg amputees have limited options for artificial limbs; the prosthetics that are available can be extremely expensive, impractical, and unattractive. However, there is hope if you or a loved one lost a limb: The latest advancements in 3D printing are now producing the next generation of prosthetic legs. In some cases, you may even qualify for compensation to cover the costs, and a Miami catastrophic car accident injuries lawyer can explain in more detail. An overview of 3D printed prosthetics may also be useful.

Lower Cost Makes 3D Printed Prosthetics Accessible

February 17, 2021

Can I Recover Hospital Costs After a Miami Car Accident?

by Gerson & Schwartz, P.A.

When you are injured in a Miami car accident, you could be seriously injured. Hospitalization may be the best route to ensure you receive essential treatment and can get on the way to recovery as soon as possible. Of course, you probably realize that the costs involved with a hospital stay can be considerable. According to Becker’s Hospital Review, Floridians pay almost $1,700 per day at a for-profit facility, while expenses at a nonprofit hospital could reach up to $2,300. By the end of your hospitalization, you could incur an astronomical amount for costs – which typically does NOT include separate bills from various health care providers.

Fortunately, you may be able to recover hospital costs after a motor vehicle crash, as well as other amounts for medical care and related losses. Your Miami car accidents attorney can explain how damages work and what you can obtain through the legal process, but some answers to common questions may also be informative.

Can I Recover Costs for Treatment at an Urgent Care Center?

February 10, 2021

Three Reasons Florida Ranks #2 for Highest Car Insurance Rates

by Gerson & Schwartz, P.A.

When you discuss auto insurance rates with non-Floridians or look up costs in other U.S. states, one glaring fact becomes apparent: Florida residents pay far more for premiums, up to double compared to other areas. A recent Yahoo! Finance article confirms that Florida is ranked second on the list of most expensive states for car insurance in 2020, with motorists paying around $2,178 every year. There are many underlying factors, including the various types of coverage that are required by law or recommended reasons.

As frustrating as it may be to pay more for auto insurance, you do reap the benefits in many ways if you are involved in a crash. A Miami car accident attorney can help you maximize compensation for your losses, but you get a basic grasp on why Florida auto insurance is higher.

How Insurers Set Premiums

February 3, 2021

Common Reasons Insurance Companies Deny Miami Auto Accident Claims

by Gerson & Schwartz, P.A.

Even when you take proper safety precautions, drive defensively, and follow all traffic laws, the risk of being involved in a car accident is still shockingly high. In reporting statistics for South Florida, the Department of Highway Safety and Motor Vehicles (FLHSMV) reveals that there are almost 212,000 auto collisions in Miami-Dade and Broward Counties every year. The death toll tops 1,000, while another 111,300 people suffer injuries. Fortunately, you have options under Florida law, so you may be able to recover compensation for your overwhelming losses.

There is more to the legal process than filling out a few forms and submitting them to the responsible driver’s insurance company. Insurers often deny claims by asserting defenses to liability, and these issues could even become the focus of litigation. You can trust a Miami car accident lawyer to develop a sound legal strategy, but it is important to know what defenses insurance companies may use to your detriment.

Statute of Limitations

January 22, 2021

Non-Phone Distracted Driving and Miami Car Accidents

by Gerson & Schwartz, P.A.

The dangers of distracted driving are not new to motorists in Miami and throughout the US, claiming the lives of more than 2,800 people every year – including drivers, passengers, pedestrians, bicyclists, and other road users. Motorists who text, talk on the phone, post to social media, and engage in other cell phone use remain a threat. However, it is worth noting that the National Highway Traffic Safety Administration (NHTSA) classifies many other activities under the umbrella of “distracted driving.” Any activity that diverts attention away from operating the vehicle could be a factor in a car accident.

As such, you should be aware of numerous forms of distracted driving that do NOT involve cell phone use. You can avoid Miami car accidents by avoiding these activities yourself – and steering clear if you observe other motorists engaging in risky behaviors behind the wheel.

Eating and Drinking

January 13, 2021

Miami Car Accidents: Special Considerations for Pregnant Women

by Gerson & Schwartz, P.A.

Driving is among the riskiest activities you do on a daily basis, but – unlike other things you avoid while pregnant – it is a necessity for personal and professional reasons. Unfortunately, while you are just as likely to be involved in a car accident as other Miami motorists, you and your baby are at extreme risk of serious injuries because of your vulnerable condition. According to Safe Ride 4 Kids, an organization dedicated to preventing injuries and deaths to children in auto collisions:

Automobile collisions are the single largest cause of death for pregnant mothers; and,
Motor vehicle accidents are the top cause of traumatic fetal mortality.

January 1, 2021

Sources of Evidence When You are Transported From the Scene of a Miami Auto Accident

by Gerson & Schwartz, P.A.

Car accidents continue to be a primary safety threat for motorists across the US, and the problem even hits close to home in Florida. According to the Department of Highway Safety and Motor Vehicles (FLHSMV), there are around 72,000 people hurt in auto collisions throughout South Florida, a figure that includes Miami-Dade, Broward, and Palm Beach Counties. Many of these victims suffered injuries so serious that they were immediately transported to local trauma centers for emergency treatment.

While urgent medical care is a priority, being rushed to the hospital does create a dilemma for victims of motor vehicle crashes: They cannot remain at the scene to gather the evidence that is essential for purposes of legal remedies. Fortunately, there are strategies for collecting proof, and a Miami car accidents attorney can tackle investigations. However, you should be aware of some key sources of evidence when you are taken from the site of a crash.

Occupants of Your Vehicle: If you were traveling with friends or family, you may need to rely on these individuals to collect evidence for you. Cell phone cameras are the best way to capture damage to the vehicles, traffic signage, physical conditions at the scene, weather, vehicle skid marks, and related factors.