Articles Tagged with car accident lawyer

Fatal car accidents occur on the roads of Miami every day. Even when an accident was not caused by drunk driving, or texting while driving, or other behaviors which pose an obvious risk, it can still permanently change the lives of everyone involved. This is a lesson which tennis star Venus Williams is learning the hard way. Miami area residents and visitors have long trusted Gerson & Schwartz to protect their legal rights after any car accident. Gerson and Schwatz, PA  employ some of the best car accident attorneys  in Miami, Florida when it comes to negotiating and litigating injury claims arising from car, truck or motorcycle accidents, and many other types of personal injuries.

A Simple Accident That Changed Lives Forever

On June 9, 2017, Venus Williams was driving near her home in Palm Beach Gardens. She entered an intersection on a green light but was stuck in the intersection after the light turned red, due to stopped traffic ahead of her. Linda Barson, driving the opposite direction, drove through her green light into the intersection, where she collided with Williams’ sport utility vehicle. Witnesses initially told investigators that Williams ran the red light., Body camera footage from a responding officer showed him telling her that she had the right of way when she entered the intersection, but lost it when the light turned red. He declined to issue her a traffic citation because she “got stuck in a bad situation” and he felt she should “let the insurance companies work it out”. Barson suffered minor injuries, and her husband – a passenger in the vehicle – was initially conscious but disoriented. After fourteen days in the hospital, he died of internal bleeding, a fractured spine, and massive internal organ damage.

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.

According to a recent article published by the Huffington Post, the Florida Legislature is now considering a new piece of legislation, entitled the “Aaron Cohen Life Protection Act,” named for a bicyclist that was killed on the Rickenbacker Causeway in 2012, that would increase the minimum jail sentences for leaving the scene of an accident to three years for an accident resulting in injury, seven years for serious bodily injury, and ten years for a hit-and-run resulting in death. The proposed legislation would also require a convicted offender’s license to be suspended for a minimum of three years. Our Miami hit-and-run accident attorneys will be paying close attention to any possible outcomes.

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Under current Florida law, there is no minimum sentence for leaving the scene of a deadly accident. Florida law requires anyone involved in a car accident to remain at the scene and render aid and provide information. According to Florida Statutes Title XXII Section 316.027, “the driver of a vehicle involved in a crash…that results in the death of any person must immediately stop the vehicle…and remain at the scene.”

Leaving the scene of an accident where there is property damage is a misdemeanor of the second degree and carries a maximum penalty of 60 days in jail and a $500 fine. Leaving the scene of an accident involving injuries is a felony of the third degree and can result in a maximum penalty of five years in prison and a $5,000 fine. Leaving the scene of an accident in which someone dies is a felony of the first degree carrying a maximum penalty of 30 years in prison and a $10,000 fine.

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