Miami Accident Lawyer Blog

March 13, 2020

Dangers for Back-Seat Passengers in Florida Car Accidents

Innovation and advancements in technology have made vehicles safer than ever, but a recent report published by the Governors Highway Safety Association (GHSA) raises concerns about back-seat passengers in car accidents. The focal point: Seatbelt use. The data indicate that 803 unrestrained individuals died in auto crashes in the US in 2018, and GHSA researchers estimate that 400 of them would be alive today if they had buckled up. Unfortunately, the figures also reveal that only around 76% of back-seat occupants do use seat belts – compared to 90% of people sitting in the front.

If you were injured in an auto crash, it is important to consult with a Miami car accident attorney no matter where you were sitting in the vehicle. Still, you should be aware of the special concerns for back-seat passengers.

Florida Seat Belt Laws

March 11, 2020

Your Rights When Injured in a Miami Cruise Shore Excursion Accident

by Gerson & Schwartz, P.A.

If you have ever been on a cruise or are currently planning one, you probably know that there is a wide array of shore excursions available at ports of call. From shopping and dining experiences to outdoor activities and extreme sports, there is generally an adventure that appeals to everyone. Onshore excursions are also a huge money-maker for the cruise industry. However, an article published by the National Institutes of Health (NIH) reveals that the risk of accidents on these trips is high. On average, just over 31% of all injuries to passengers occur during shore excursions.

Claims involving cruise injuries are very different from other types of personal injury accidents, so it is wise to trust a Miami cruise ship accidents lawyer who focuses on these cases. You might also find it useful to review some basic information.

Common Types of Shore Excursion Accidents

March 6, 2020

What Florida Drivers can do to Avoid Rear End Accidents

by Gerson & Schwartz, P.A.

Rear end car accidents are among the most common types of collisions in Florida and throughout the U.S. According to data compiled by the National Highway Traffic Safety Administration, these types of incidents account for 29% of all crashes. As you might expect, the majority – 88% – of these accidents involve the rear vehicle colliding into a vehicle in front of it, rather than the lead vehicle backing into the vehicle behind it. Rear end collisions are usually the result of driver carelessness, inattention, or other preventable misconduct.

Under the circumstances, it can be almost impossible to avoid a rear end crash if you are driving or riding in the lead vehicle. Fortunately, you do have rights if you were injured, and a Miami car accident attorney can assist you with the legal process. However, you might benefit from knowing the reasons rear end collisions occur and a few tips on avoiding them when you can.

Causes of Rear End Accidents

March 4, 2020

Florida Casino Injuries and Your Rights as a Victim

by Gerson & Schwartz, P.A.

Gambling is big business across the US, but it has exploded in popularity in Florida in recent years. According to the American Gaming Association, the Sunshine State brought in record gaming revenue that averaged $557.8 million from 2017-2018 – the ninth consecutive year of growth. If you are one of the people contributing to these figures, your first concern might be how hard your wallet will get hit at the slot machines or Blackjack table. You are probably not focusing on the much more significant losses that can result from an injury-causing accident at a casino.

If your fun time turned tragic because of a casino accident, Florida law does provide you with legal options through a premises liability claim. However, these cases present more unique challenges compared to a typical slip and fall. You should trust your Miami personal injury and premises liability attorney to handle the details, but some key points might help you understand the important issues.

Proof in a Florida Casino Injury Claim

February 28, 2020

Teen Driving Laws in Florida

by Gerson & Schwartz, P.A.

The general consensus is that teens are more likely to be involved in car accidents than adults, and the statistics support this theory. Data gathered by the US Centers for Disease Control and Prevention reveals that vehicle crashes are the leading cause of death for motorists from 16 to 19 years old, at around six teens per day. Plus, almost 300,000 younger drivers are treated in emergency rooms for auto accident injuries every year.

However, teens are not the only individuals at risk when they are behind the wheel. Everyone sharing the roadway with them could be impacted, including other motorists, bicycle riders, and pedestrians. If you were hurt in a teen driver crash, Florida law does provide you with legal options. A Miami car accidents attorney can explain them in more detail, but you might find it useful to review some of the top cases of teen auto collisions.

Common Causes of Teen Crashes

February 26, 2020

Common Types of Wrongful Death Cases in Miami

by Gerson & Schwartz, P.A.

You might not be surprised to learn that heart disease and cancer are the top two leading causes of death in the US, but the third may come as a shock: According to the US Centers for Disease Control and Prevention, unintentional accidents claimed the lives of 169,936 people in 2017 – a 4.2% increase over the previous year. There are many different causes and contributing factors behind accidents, but they are usually preventable and only occur because of someone else’s negligence.

Losing a loved one in such a tragedy is emotionally overwhelming, but there are additional implications for your life. You may struggle financially without the support of the victim, and the void left behind may seem impossible to fill. Though you cannot bring back your family member, you may have options to recover compensation under Florida wrongful death laws. You can trust a Miami wrongful death lawyer to handle the details, but an overview of the legal basics may be useful.

Synopsis of Florida Wrongful Death Cases

February 21, 2020

Comparing 2019 Miami Car Accident Fatalities to Previous Years

by Gerson & Schwartz, P.A.

With 2020 already well underway, it can be helpful to review fatal car accident statistics from previous years as a way of comparing trends. According to the Florida Department of Highway Safety and Motor Vehicle (FLHSMV) Crash Dashboard for 2018, there were 64,627 collisions in Miami-Dade County, killing 293 victims. The data for 2019 indicates a drop in the number of total accidents, down to 64,495; however, the number of fatalities was higher, as 335. So far this year, 29 people have been killed in 5,915 crashes.

A fatal auto collision involves implications that extend far beyond the loss of life. Surviving loved ones lost a family member, often one they depended upon for financial support, care, and guidance. In such situations, it is important to discuss your rights with a Miami car accidents attorney. You can also review some fatal auto crash statistics to understand just how common these tragedies are.

Fatal Crashes in Miami and the Rest of Florida

February 19, 2020

Four Motorcycle Safety Technologies Protecting You on Florida Roadways

by Gerson & Schwartz, P.A.

From your phone and tablet to your TV, car, and entire home, you interact with countless “smart” devices on a daily basis. Now, with recent advancements in motorcycle technology, you can even be smarter when engaging in your favorite activity. Manufacturers are carrying over innovations from the auto industry, but they are also equipping the latest models with solutions that make it safer to ride. Some might even argue that motorcycle technologies have already had an effect on Miami roadways: The Florida Department of Highway Safety and Motor Vehicles Annual Report indicates that there were 9,143 motorcycle crashes in 2018 – compared to an average of 10,019 for 2016-2017.

If you were hurt in a collision, you should reach out to a Miami motorcycle accidents attorney who can assist with filing a claim for your losses. However, you can also read on to learn about the top motorcycle technologies that are enhancing safety for those who love to ride.

Air Bag Equipped Clothing: The same air bag technology that protects you in a car accident is now available in the clothing you wear when riding your motorcycle. You can purchase vests, jackets and bodysuits with smart airbags, which deploy within milliseconds when sensors in the clothing detects an accident is about to occur.

February 14, 2020

Five Things to Take Pictures of After a Miami Car Accident

by Gerson & Schwartz, P.A.

On average, there are more than 64,000 traffic-related accidents according to the Crash Dashboard prepared annually by the Florida Department of Highway Safety and Motor Vehicle. That means that it is possible that you or someone you know could be involved in a collision involving property damage, injuries, or even fatalities. While this is the last situation you want to face, it is important to take certain actions in the immediate aftermath of a car accident. Your health is a first priority, but you should also be gathering as much information from the scene as possible.

Fortunately, today’s technology has provided you with a very important tool for collecting evidence — your smartphone. The vast majority of devices include a camera, enabling you to capture images and video that will help your Miami car accidents attorney prove the essential components of your claim. Here are five things you should take pictures of after the incident.

All Vehicles: Getting a visual of damage to all vehicles is important because it demonstrates the serious nature of the crash. Though injuries can result from even minor collisions, pictures of severe dents and cracks are evidence of a particularly violent impact. In addition, these images may reveal who was at fault in the accident, which can sometimes be determined by the location of the damage.

February 12, 2020

What to do if an Insurance Company Asks for Medical Records

by Gerson & Schwartz, P.A.

When you are hurt in an accident and want to seek compensation from the responsible person or entity, you will typically file a claim under an auto, business, property, or other insurance policy. Because the nature of your injuries is a key factor in getting monetary damages, you can expect that the insurer will want to see your medical records. On its face, this does not seem like an unreasonable request, so you may think there is nothing wrong with providing them.

However, the exact opposite is usually true. You could be making a huge mistake that has extensive, negative implications for your rights. Instead of discussing the issue with the insurance company directly, you should trust a Miami personal injury attorney to deal with an adjuster. After reviewing the information below, you will understand why.

Reasons You May be Asked to Provide Medical Records