Miami Accident Lawyer Blog

September 30, 2015

Why You Need a Miami Truck Accident Lawyer

You are driving along I-395 in Miami when, out of nowhere, a huge 18-wheeler side swipes your vehicle causing you to veer off the road and crash into a tree. Your vehicle is totaled and you suffer serious, debilitating injuries including multiple broken bones, a lacerated spleen, and a spinal cord injury. In these types of situations, you need an experienced Miami truck accident lawyer.

Trucking Companies Employ Teams of Adjusters and Defense Lawyers

Some people think that if an accident occurs involving a tractor trailer, they can handle filing a claim themselves with the company and do not need to retain a truck accident injury attorney. This is a big mistake. Many trucking companies have teams and departments focused on reducing the company’s liability exposure and mitigating the value of any claims made against the company. In fact, if a major truck accident occurs, do not be surprised if the truck company sends out investigators and claims adjusters to examine the scene shortly after the incident occurs. This is because they want to examine the available evidence before your lawyer gets a chance to.

September 22, 2015

Understanding Punitive Damages and How They Apply in Florida Personal Injury Cases

by Gerson & Schwartz, P.A.

In most personal injury cases such as car accident injuries, truck accident injuries, and motorcycle accident injuries, the damages that are pursued by your Miami personal injury lawyer include restitution for medical bills, lost wages, and pain and suffering. However, there is another category of damages that goes beyond simply serving as a compensatory mechanism for the injured party. There is a special category of damages available that helps to make the injured party “whole” again and may be awarded to punish the at-fault party for their reckless and wanton conduct. This category of damages is known as punitive damages.

In Florida, punitive damages are also referred to as “exemplary damages.” As mentioned, these damages go beyond what is actually necessary to compensate you. They are meant to penalize the at-fault party if they committed gross negligence or caused intentional harm. They are awarded as a way to send a signal to the community at large that similar behavior will not be tolerated.

Punitive Damages Example

September 17, 2015

Drunk Drivers Remain a Menace on Florida Roads

by Gerson & Schwartz, P.A.

Nearly 30 percent of deadly car wrecks in Florida are attributable to drunk drivers. That percentage translates to nearly 700 car crash deaths caused by drunk driving in the state of Florida. To our team of Miami car accident lawyers, that is 700 deaths too many.

Statistics from Mothers Against Drunk Driving reveals that someone is seriously injured by a drunk driver almost every 90 seconds and an average of 28 people die as a result of drunk driving accidents.

How Florida Punishes Drunk Drivers

September 15, 2015

Distracted Driving Can Lead to Deadly Accidents

by Gerson & Schwartz, P.A.

You have probably seen it time and again – a driver on a busy road or highway looking down at his or her phone or staring intently at a GPS device instead of focusing on the road. The clarion calls to not text and drive appear to fall on deaf ears. In 2013, over 3,000 people were killed in car wrecks involving a distracted driver. In addition, over 420,000 people suffered serious injuries in distracted driving-related accidents, according to distraction.gov. Our team of Miami car accident lawyers find these statistics to be quite troubling.

On a bright note, some companies are taking action to combat distracted driving. For example, AT&T created advertisements for the “It Can Wait” campaign. Also, AAA released videos taken of distracted drivers causing serious wrecks.

Here is some shocking data – sending or receiving a text takes a driver’s eyes off the road for an average of 4.6 seconds. If you are traveling at a speed of 55 miles per hour, that is the equivalent of driving the length of an entire football field with your eyes closed, according to CBS Miami. When you text and drive you are 23 times more likely to be in a car crash.

September 8, 2015

Xarelto May Cause Deadly Side Effects

by Gerson & Schwartz, P.A.

Far too often, our Miami personal injury attorneys read about a prescription drug causing serious, life-threatening side effects. Unfortunately, Xarelto continues this disturbing trend. Xarelto, manufactured by Johnson & Johnson and its subsidiary Janssen Pharmaceuticals, is a blood-thinning drug approved by the FDA in July 2011. Xarelto is a new type of anticoagulant drug that has captured the US drug market in recent years. Drugs like Xarelto were originally designed as an alternative to Warfarin, a similar blood-thinning medicine that has been in the market since the 1950s. However, recent research shows that Xarelto too, is coming with its fair share of problems.

Xarelto has led to an increased danger of blood clotting related injuries like gastrointestinal bleeding and severe internal hemorrhaging, especially during surgeries or following accidents. Two FDA “boxed warnings” (also known as “black box” warnings) have been prominently included on the drug’s box. One warning informs patients that stopping Xarelto early can increase the danger of building more blood clots. The other warning label states that Xarelto can add to serious head and spinal injuries (epidural and spinal hematoma).

Xarelto manufacturers have been sued by numerous patients who suffered strokes, pneumonic embolisms, deep vein thrombosis, and heart attacks. Adverse Xarelto side effects can result in extensive hospitalization, lengthy medical bills and considerable time off from work. These damages are recoverable by victim who suffered Xarelto side effects or by the family of a loved one who lost their life due to Xarelto.

September 4, 2015

Railroad Accidents a Real Risk in Florida

by Gerson & Schwartz, P.A.

According to the Federal Railroad Administration Office of Safety, there has been a sharp increase in railroad accident deaths – from 301 deaths in 2014 to 363 deaths in 2015. A total of 22 of these railroad accident deaths have occurred in Florida in 2015. 22 lives were lost due to accidents that probably could have been prevented. In fact, 80% of Florida public railroad crossings remain unprotected by lights and safety gates. Our team of Miami personal injury lawyers find those statistics to be simply unacceptable.

Railroad accidents in Florida may occur because of:

Mechanical failure of the train or related hardware

September 2, 2015

Injured as a Passenger in a Car Wreck? Understand Your Rights

by Gerson & Schwartz, P.A.

You are in the front passenger seat of your friend’s vehicle. They are driving down Coral Way in Miami, Florida when another driver t-bones the vehicle. You suffer serious injuries including whiplash, a bulging disc in your L4/L5 region, and a sprained wrist. As a passenger, should you file a claim against the other driver or your friend’s policy? Our team of Miami car accident lawyers deal with this type of scenario on a regular basis.

When Another Driver Caused the Wreck

If another driver caused the accident (like the t-bone example above), you should pursue legal action against the at-fault driver. This would mean that you need to get the insurance information of the at-fault driver, either from the police who investigated the accident or possibly through your friend, if they exchanged insurance information with the at-fault driver at the scene of the collision.

August 25, 2015

What to Do in an Accident with a Rental Car

by Gerson & Schwartz, P.A.

You just arrived in Miami and are ready to enjoy some of the city’s amazing amenities. You are traveling down Coral Way when a careless driver t-bones your rental vehicle. Our team of experienced Miami car accident attorneys deal with this type of scenario on a regular basis. The following is a checklist of what to do and what not to do if you or a loved one are involved in an accident with a rented car in Miami.

First, it is important to know that Florida is a no fault state, meaning the drivers involved in a car accident are supposed to seek coverage from their respective insurance companies irrespective of fault. An owner of a Miami rental car is entitled to a maximum of $10,000 in Personal Injury Protection (PIP) benefits and $10,000 per accident in property damage coverage. The PIP coverage includes medical expenditure and lost wages and is applicable irrespective of whether you happen to be a tourist in Miami or a full-time resident of the state. However, while this sum may be sufficient to remunerate the rental auto organization, more often than not, car accident injuries result in long-term financial and personal losses that enormously surpass this inconsequential amount of money.

Rental car coverage in Miami is done mainly through four different ways, including:

August 18, 2015

Make Sure You are Covered in the Event of a Hit and Run Accident

by Gerson & Schwartz, P.A.

Accidents can happen anywhere and anytime, without any fault of yours or without any prior warning whatsoever. For example, an incident took place in front of Bayside Marketplace on the night of July 30, 2015. According to Miami police, a man was attempting to cross Biscayne Boulevard at Northeast Fourth Street when he was struck by a taxi. In a classic case of hit and run, the cab took off without stopping to check on the victim, who was left lying injured on the road. Police later recognized the taxi as Yellow Cab #532, with tag ACU E95. Security patrol recordings showed that, after hitting the man, the taxi continued to speed northwards. The cab was eventually discovered abandoned at 119th Street and Biscayne Boulevard.

Our team of Miami car accident lawyers are outraged by this heinous, reckless, and complete disregard for human life. If the driver of the cab is apprehended, there is probably a foundation to pursue punitive damages.

How to Protect Yourself

August 14, 2015

Pursuing Restitution After a North Miami Hit-and-Run Accident

by Gerson & Schwartz, P.A.

Two people reportedly crashed into a bus bench in North Miami on 125th Street near Northeast 12th Avenue, according to wsvn.com. Four people, including an 11-year-old girl, suffered serious injuries and had to be transported to the hospital. The drivers who caused this terrible incident took off running and were not apprehended. Our team of Miami car accident attorneys are always troubled when we read about these awful, preventable incidents.

Miami-Dade Fire Rescue and North Miami Police responded to the scene of the collision and were told that two young men got out of the car and started running south down Northeast 11th Place towards the train tracks. Despite their evasion, the car involved in the incident was not totally destroyed and was towed away. This means, if the license plate is intact, North Miami Police should be able to track down who owns the vehicle.

What an Injured Person Can Do in This Situation