Miami Accident Lawyer Blog

March 5, 2021

Avoid Distracted Driving to Prevent Car Accidents in Miami

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 26, 2021

What are My Rights if I Was Injured as a Passenger in a Miami Motorcycle Accident?

by Gerson & Schwartz, P.A.

While much of the focus in a Miami motorcycle accident is on the effects upon the operator, it is important to recognize that there are substantial implications for the passenger. As a rider, your only source of stability comes from holding onto the motorcycle driver. Plus, other than leaning to distribute weight, you have no control over operating the vehicle. It is for these reasons that statistics from the Florida Department of Highway Safety and Motor Vehicles (FLHSMV) are so disturbing: In the last two years, more than 1,300 passengers have been killed or injured in motorcycle collisions.

Though the relevant legal concepts and factors are slightly different, you do have legal options if you were hurt or lost a loved one who was riding as a passenger in a motorcycle crash. It is wise to work with a skilled Miami motorcycle accident lawyer to get the compensation you deserve, but some answers to common questions may be informative.

What are the Causes of Motorcycle Collisions in Florida?

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 19, 2021

Potential Parties in a Miami Bus Accident

by Gerson & Schwartz, P.A.

Many people rely on the Miami-Dade Metrobus for getting around South Florida, while others ride on buses occasionally for events, long-range transit, school, or other purposes. While you know that taking the bus is affordable and convenient, you might be surprised to find that this form of transportation is not necessarily safer than others. According to the Florida Department of Highway Safety and Motor Vehicles (FLHSMV), almost 3,500 people are killed or injured in accidents involving buses, motor coaches, passenger vans, and related vehicles each year.

For victims and their families, the losses stemming from a bus collision can be devastating. Your medical bills may be mounting, though funds to pay them may run dry if you are also out of work. Plus, you may endure considerable pain, suffering, and emotional implications. It may come as some comfort to know that you have legal options as a victim, and a Miami bus accident attorney will pursue those responsible for causing the incident. However, you should be aware of which individuals and entities may be potential parties to a bus crash claim.

Liability for Florida Bus Collisions

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 12, 2021

Smart Train Technology and Implications for Deadly Miami Train Accidents

by Gerson & Schwartz, P.A.

Americans are surrounded by smart technology, from our phones and TVs to automobile safety features and home security. As such, you might not be surprised to know that these advancements have made their way to the railroad transportation sector. The Association of American Railroads (AAR) reported on some recent developments, which include a $26 billion annual investment in smart trains by companies and governments globally. The point is to enhance safety through technology, so these measures are welcome in Florida, which ranks sixth in terms of US railroad accidents.

Still, despite enormous investment to make trains smarter, accidents will remain a threat. You should discuss your circumstances with a Miami personal injury lawyer if you were hurt or lost a loved one, since you could qualify to recover compensation for your losses. It is also interesting to learn about the technology that shows promise in reducing the risk of collisions.

Train Accident Statistics

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 5, 2021

Recent Advancements Support Early Detection of Newborn Brain Trauma

by Gerson & Schwartz, P.A.

Possibly the most devastating news new parents will ever receive is a diagnosis that their infant suffered head injuries or traumatic brain injury (TBI). Various factors during gestation, during labor, and shortly after delivery can lead to serious, life-long medical conditions, including cerebral palsy, Hypoxic Ischemic Encephalopathy (HIE), or cognitive disorders. At such an early age, your newborn baby needs immediate and potentially extensive treatment. Limitations have impeded such efforts in the past, but a recently developed technology known as Magnetic Resonance (MR) Spectroscopy offers new hope for parents: This new scan could lead to detection of brain trauma in infants up to two years earlier than currently employed methods.

Though the MR spectroscopy cannot reverse the damage, it can inform physicians and parents regarding a life care plan for the child. In addition, the technology can be useful when you are seeking your legal remedies through a medical malpractice claim. You should discuss your options with a Miami birth injuries lawyer, but an overview of this brain scan may be useful.

Key Findings on Detecting Brain Trauma in Infants

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