Articles Tagged with attorneys for car accidents

esther-driehaus-WQ9Ialn_mMI-unsplash-copy-300x200Innovation 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

kevin-lee-102433-copy-200x300Rear 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

One of the most common questions prospective clients ask Miami car accidents attorneys is how long it will take to resolve an injury claim and receive payment as compensation for their losses. For a number of reasons, it is difficult to provide an exact answer. There are too many variables involved, and every case is unique. The only constant in terms of the duration of a case is Florida’s statute of limitations, which requires you to file a lawsuit in court within four years after the date of the auto crash. 

Still, a timeline is a useful way of explaining the different phases, and it can serve as a framework of how long a car accident claim will take. Though the details may vary, there are five key steps involved.

Medical Care

Being injured in a Miami car accident is a horrific experience, but the aftermath can be even more overwhelming as you are trying to enforce your right to compensation. The process of filing an insurance claim is extremely complicated. To make the situation worse, you may be at a disadvantage if you are operating according to certain misconceptions about auto crashes. Though family members and friends mean well, they may not always provide accurate information if they do not have experience in the legal field. 

A skilled Miami car accident attorney can eliminate some of the confusion and will fight to protect your interests in the insurance claims process. However, it may be helpful to debunk common myths about motor vehicle collisions.

Myth #1: Lawyers Cost Too Much. Auto crash lawyers typically work on a contingency fee basis, which means you only pay if you recover compensation in your case. Instead of paying upfront or supplying a retainer, your attorney takes a percentage of the award you receive from an insurance claim or in court. According to the Florida Rules of Professional Conduct, a contingency fee arrangement must be reasonable and in writing.

gilles-lambert-8649-copy-300x200Billions of people around the world are active on social media on a regular – sometimes hourly – basis, according to data published by social media intelligence company BrandWatch. There are 2.2 billion users spending an average of 142 minutes per day on such platforms as Facebook, Twitter, Instagram, and others. Based on the popularity of social media and ability to stay in touch with family and friends, it is no surprise that victims of auto collisions often share information regarding their ordeal with their network 

Unfortunately, there is such a thing as sharing too much. A Miami car accident attorney can explain in more detail, but you should understand why some of your actions adversely affect your crash claim.

Why Avoiding Social Media is Important

jannes-glas-1074946-unsplash-copy-300x169There will always be motor vehicle accidents in Florida, but there are some ways you can reduce the chance that they will happen to you. Safe driving tips go above and beyond following the traffic laws stated in the Official Florida Driver License Handbook, and there is more to avoiding collisions than what you may have learned in driver’s ed. 

You can rely on a Miami car accidents lawyer to protect your rights if you are involved in a crash, but check out some recommendations in hopes that you will never be in such a position.

  • Do Not Drive Drunk or Stoned: Despite enormous public awareness campaigns regarding the dangers, some motorists still take the risk by getting behind the wheel after drinking or using drugs. Never drive after having even just a couple of alcoholic beverages. Call a friend, Uber, or Lyft to get you home safely.

luke-van-zyl-543508-unsplash-copy-169x300You rely on your car for work and personal use, which is why it is disturbing to think about the frequency of car accidents in Miami. Statistics gathered by the Florida Department of Highway Safety and Motor Vehicles reveal that there were 64,151 motor vehicle crashes in Miami-Dade County in 2018, causing injuries to 31,072 victims. That is around 85 people every day who were hurt, confused, and overwhelmed in the aftermath of a collision.

Because it is hard to think logically under the circumstances, Miami car accident attorneys typically recommend that you follow this checklist when you have been injured in a crash.

Pull Over Safely

In early May, a two-vehicle accident in South Miami caused four individuals injuries and one person’s tragic death. The collision took place on U.S. 1 near 62nd and 57th avenues. The initial reports following the crash stated two pedestrians had been struck, one person had been seriously injured, and four others had been taken to nearby hospitals with unknown injuries. Later reports stated one person was killed in the crash, which took place at an intersection locals know to be dangerous.

The cause of the crash is under investigation by the Miami-Dade Police Department. Their findings will influence potential criminal and civil proceedings. One or both vehicle drivers may be found to have violated traffic laws, which could lead to tickets or traffic offense charges. Also, the at-fault driver may face civil personal injury or wrongful death claims for compensation from the injured parties and their families.If you were injured or lost a loved one in a car accident, you should speak with a Miami car accident lawyer at Gerson & Schwartz P.A. as soon as possible. Call us at 305-371-6000 or toll free at (877) 475-2905 to schedule a free consultation.

Liability for Car Accidents

Car accidents can occur in unexpected situations and often without any warning. In many cases, people injured in these types of freak accidents are legally entitled to compensation from the person or party at fault for the accident. At Gerson & Schwartz, P.A., our car accident attorneys are committed to protecting the rights of the injured and work tirelessly to ensure that our clients obtain the full and fair value of their claim as soon as possible.

Diners in a local donut shop recently learned just how unexpected a car accident can be earlier this month when a car crashed through the front of a Miami-Dade donut shop. According to a report published at NBC six people were rushed to the hospital with varying injuries. Witness reported that it appeared that the driver, an older woman, hit the gas instead of the brake.

Obtaining Compensation after a Serious Accident Can Be Complicated

In the vast majority of car accident cases,  liability is not contested. This generally means that is perfectly clear who caused the accident and the only issue that needs to be addressed is the amount of money the at-fault party (or his or her insurer) will pay the victim. Unless there is a significant disagreement as to the amount of damages, the case may settle without either party needing to set foot in a court room. But what about auto, car and motor vehicle  accident cases in which liability is not obvious or is disputed? How does a car accident victim prove another person was legally at fault for their accident? In these cases,  obtaining financial recovery becomes significantly more complicated. Below is some information about how liability can be established in a contested car accident case. Of course, in under these circumstances, its always a good idea to hire a car accident lawyer in Miami . Below are some of the evidence your personal injury lawyer will need to help prove your legal claim.

Showing Fault Can Require Significant Investigation

Generally speaking, proving that the other party was at fault for an accident requires gathering evidence of his or her negligence. Under  Florida law, negligence occurs when a person fails to use the degree of care that would ordinarily be exercised by a reasonable person in the same or similar circumstances. In the context of a auto, car or motor vehicle accident case, negligence can take many forms, including speeding, distracted driving, failure to signal a turn or lane change, or drunk driving.