Miami Accident Lawyer Blog

May 14, 2021

Fatal Shooting at Wendy’s in Miami: Wrongful Death Options for Survivors

A family continues to mourn the passing of their loved one in a recent fatal shooting in Miami, even as they plead with the public for answers and information to help identify the gunman. An article in the Miami Herald covered the May 9, 2021 incident, which started as a fight in a local fast food restaurant. Witnesses reported that two customers began fighting, and one man punched an employee of the business when he tried to intervene. Immediately thereafter, the other individual pulled out a firearm and shot the customer with whom he had just been fighting. The victim was pronounced dead at the scene, while the suspected shooter escaped.

Under the circumstances, the victim’s family may have legal options under Florida wrongful death laws. The remedy may not be what you expect, since survivors might opt to pursue the restaurant instead of the gunman. A Miami wrongful death attorney can provide details, but some answers to FAQs might be helpful.

What is a wrongful death case? These claims are a type of personal injury claim that allows surviving family members to seek compensation when their loved one is killed because of negligence. It is true that the victim in the recent shooting died because of a deliberate shooting, but the point is not the suspect’s intentional act: The source of the negligence is the restaurant’s misconduct in not ensuring the property was safe.

April 30, 2021

Will Florida Repeal “No-Fault” Laws for Car Accidents?

by Gerson & Schwartz, P.A.

After years of debate, measures have moved forward in both chambers of the Florida legislature to repeal the state’s 50-year-old motor vehicle no-fault law. Senate Bill 54 has already passed, while companion House Bill 719 was approved in the committee stage on April 19, 2021. The proposed legislation has been the subject of some controversy among lawmakers, insurance industry experts, and consumer groups, who argue over how eliminating the no-fault law will affect insurance rates.

Under the current no-fault rule, if you were injured in a Miami car accident, you would seek compensation from your own insurance company through your Personal Injury Protection (PIP) coverage. If passed and signed by the governor, Florida would essentially become a so-called “at-fault” state: You would file a claim with the at-fault driver’s insurance company to obtain monetary damages after a collision.

Obviously, the elimination of no-fault principles is a major reversal of existing law and will have considerable implications if you were hurt in a motor vehicle crash. Here are some things to know as the bills move closer to passage.

April 16, 2021

Five Defensive Driving Tips That Help Prevent Miami Auto Collisions

by Gerson & Schwartz, P.A.

You would probably not be surprised to learn that many Miami car accidents occur because of a driver’s negligence. Common examples include those who speed, run red lights, use their cell phones, and engage in other unsafe acts behind the wheel. Though laws and public safety campaigns aim to deter this type of careless driving, you can expect that there will still be motorists who disregard the risks. According to the Insurance Information Institute (III), 90 people die and another 6,337 people are injured in motor vehicle crashes every day.

Many of these collisions can be prevented through the exercise of reasonable care, but you cannot always control what other drivers do on the road. You need to anticipate that you are sharing the road with dangerous motorists who put you at risk, and the best way to protect yourself is by engaging in defensive driving. This strategy goes a long way to reducing the potential for Miami car accidents, so keep the following in mind.

Focus on One Thing. When you are behind the wheel of a car, the only thing you should be concentrating on is safe operation of the vehicle. Eliminate all other distractions, so you are better able to detect and react to careless acts by other drivers. Even a split second matters in an auto crash.

March 12, 2021

Three Things About Pre-existing Conditions Miami Car Accident Victims Need to Know

by Gerson & Schwartz, P.A.

Like most other personal injury matters, Miami car accident claims fall under the umbrella of negligence when it comes to recovering compensation. You need to prove that the other motorist’s careless actions were the direct cause of the auto crash in which you were injured. If there were other intervening circumstances or factors, you usually will not be able to obtain monetary damages because the causation element is missing. In some vehicle collision cases, a pre-existing medical condition is exactly the sort of intervening issue that could impact compensation.

Still, there are exceptions to this default rule and strategies through which you can recover monetary damages despite the existence of a pre-existing medical condition. You will need a Miami car accident lawyer for assistance with overcoming challenges, but a few points should help you understand the basics.

It IS possible to recover for exacerbated injuries. A key exception to the rule regarding pre-existing injuries will allow you to obtain compensation, but only if the motor vehicle collision makes your condition worse. The classic example is when a victim suffered a broken bone in the past. Even though it has healed, the affected area remains weaker than the surrounding bone material – making it more susceptible to breaking again from the impact of an auto crash.

March 10, 2021

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

by Gerson & Schwartz, P.A.

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 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