Miami Accident Lawyer Blog

March 20, 2022

Tips to Protect Your Rights After a Florida Drugged Driving Crash

Regardless of the decriminalization and legalization of pot in states across the US, NO jurisdiction has made it OK to drive while under the influence of marijuana. Unfortunately, statistics from the Florida Department of Highway Safety and Motor Vehicles (FLHSMV) reveal that a ban on drugged driving has not deterred motorists from getting behind the wheel while high. There are more than 100 crashes linked to drug and drug/alcohol use every year, leading to almost 50 fatalities and 100 injuries to victims.

Just like DUI, drugged driving is against the law because of the implications on a motorist’s ability to safely operate a vehicle. However, there are key differences with these cases when pursuing an at-fault driver for compensation. One of the most critical is the possible lack of evidence: Whereas you might have proof of BAC via a breathalyzer for a DUI collision, no at-the-scene tests exist to show drug consumption. You can rely on a Miami drugged driving accidents attorney to develop a strategy, but some tips are useful in overcoming this challenge.

What to Do After a Drugged Driving Crash

February 26, 2022

Swept Away: Hurricane Insurance Claims in Florida

by Gerson & Schwartz, P.A.

For better or worse, Florida has always had hurricanes. It is considered second nature to take steps to protect your property and your life, most often with insurance policies. However, sometimes the insurance company will not pay, or will not pay enough. After a hurricane, the last thing you need is an insurance dispute. If your insurer decides to dig in its heels, you need a Miami hurricane insurance lawyer on your side to help you fight for what you are owed.

An insurance policy is a contract. An insurance company that does not honor the terms of that contract is in breach. The term used for when an insurance company breaches the terms of their own policy is ‘bad faith,’ and more specifically, ‘first party bad faith.’ Florida codifies the law on first party bad faith issues in section 624.155 of the Florida Statutes; while other states recognize a common law cause of action for a breach of the “duty of good faith and fair dealing,” Florida residents must follow the steps in the statute.

The statutory standard is laid out in the jury instructions given at the close of a civil trial. An insured has a valid claim of bad faith when an insurance company fails to settle a claim, when, if it had been acting in a fair and honest manner, it ought to have settled. This is the standard that must be proven in court.

January 28, 2022

The Consequences of Distracted Driving in Florida

by Gerson & Schwartz, P.A.

Distracted driving is very dangerous and leads to numerous preventable accidents and deaths in Florida each year. In 2019, distracted driving resulted in 3,142 deaths nationwide. If you have been injured in Miami due to the negligence of a distracted driver, you may be able to pursue compensation for your losses. An experienced distracted driving accident attorney in Miami can help.

What is Distracted Driving?

Distracted driving is defined as engaging in any activity while driving that would take your attention away from operating your vehicle. It only takes one second to get into a major accident when you allow yourself to get distracted while driving. There are three major types of driver distractions, which are:

December 30, 2021

Your Child Was Injured on a School Field Trip in Miami: What Now?

by Gerson & Schwartz, P.A.

Field trips were a highlight of the school year when you were a kid, and many parents will remember their experiences fondly as they prepare to send their own children out on a learning-based excursion. The Florida Department of Education posted a publication on fun field trips, describing the high points at Zoo Miami, the Miami Children’s Museum, Amelia Earhart Pak, and many other South Florida attractions. However, there are certain risk factors involved with school field trips. A large group of children in a non-classroom setting, reliance on volunteers, and inherent dangers with certain outings increase the potential for accidents.

Learning that your child was hurt is overwhelming for a parent, leaving you bewildered about your rights and what to do next. Your first move should be contacting a Miami child injuries lawyer for legal help, but there are few tips that will help you get through the aftermath of a school field trip accident.

Seek Medical Care

November 30, 2021

PortMiami Reports Busiest Cargo Year in History: How Will Increased Traffic Impact Maritime Injuries?

by Gerson & Schwartz, P.A.

Despite ongoing supply chain issues and traffic disruptions due to COVID-19, Miami-Dade officials recently announced that PortMiami experienced its busiest cargo year in history for Fiscal Year 2021. A November press releasee pointed out that more than 1.25 million standard container units flowed through South Florida’s largest port from October 1, 2020 to September 30, 2021, representing a 17.6% increase over the previous year. Port officials were able to accomplish this feat without delays or vessel congestion, even with the added challenge of the PortMiami being the busiest in the world for passenger travel.

Of course, with this increase in port activity and potential for additional spikes, there is an associated rise in maritime accidents. Cargo ship crew, dock workers, crane operators, and other longshoremen are exposed to innumerable hazards in this environment, and working around water is just the tip of the iceberg. A Miami maritime injuries attorney can assist with the legal process if you were hurt, but a look at the types of trauma and overview of relevant laws may be helpful.

Common Injuries in the Maritime Work Environment

October 30, 2021

Safety Tips if You Encounter a Wrong Way Driver in Miami

by Gerson & Schwartz, P.A.

Like most South Florida motorists, you will probably experience a strong sense of panic if you see two headlights bearing down upon you in the same lane of traffic. This scenario is thankfully quite rare, but statistics from AAA still reveal some disturbing trends on wrong way car accidents. From 2015 to 2018, the number of fatal wrong way auto collisions increased 34% as compared to the time period from 2010 to 2014. In an average year, approximately 500 people are killed in these collisions, while thousands of other victims suffer serious and catastrophic injuries in wrong-way vehicle accidents.

If you were hurt in a crash caused by a motorist traveling in the opposite direction of traffic, it is critical to consult with a Miami car accident attorney about your legal rights and remedies. Plus, you may benefit from some tips to bear in mind for avoiding a wrong-way collision:

What to Do if You Encounter a Wrong Way Driver

August 20, 2021

Disturbing Statistics About Motorcycle Accidents in Miami-Dade County

by Gerson & Schwartz, P.A.

If you assume that motorcycle accidents are among the deadliest of all Florida traffic crashes, the statistics show that you are not far off. According to the Florida Department of Highway Safety and Motor Vehicles (FLHSMV) Crash Dashboard, there are more than 8,000 traffic collisions involving motorcycles every year statewide, leading to around 900 fatalities. Around 50 people are killed in the 500+ motorcycle accidents that occur in Miami-Dade County annually, and hundreds more suffer serious injuries.

Most motorcycle crashes are the result of driver negligence, but you are in a better position to protect yourself as a rider when you know key data and causes of these incidents. You can rely on a Miami motorcycle accidents lawyer to assist with legal remedies if you were hurt, and some additional statistics may be informative.

Motorcycle Crash Data Reveals Shocking Trends

June 20, 2021

Keep These Florida BUI Accident Statistics in Mind This Fourth of July

by Gerson & Schwartz, P.A.

Just as it has enacted laws regarding driving a motorized vehicle while intoxicated, Florida also penalizes Boating Under the Influence (BUI). Unfortunately, the nature of water-based activities can make it difficult to enforce the laws, so marine accidents involving alcohol are still a common problem. According to the Florida Fish and Wildlife Conservation Commission (FWCC), drunk or drugged boat operation plays a role in around 23% of boating fatalities. With the Fourth of July right around the corner and water-based fun being part of the celebration, you can be sure that the risk of BUI accidents will be high.

Victims do have legal options after being injured in a boating accident caused by impairment or any other form of negligence. A Miami boating and marine accidents lawyer can review your circumstances and explain the laws, since you may qualify for compensation. Still, it is wise to review some additional data to protect yourself and your family over this Fourth of July weekend.

Statistics on BUI and Boating Accidents

May 14, 2021

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

by Gerson & Schwartz, P.A.

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.