Car Accidents

March 4, 2016

Partial Fault for a Florida Automobile Accident

Automobile accidents are prevalent here in Florida. As it turns out, automobile accidents are one of the leading causes of injury and death in Florida. Are you a victim of such an accident at the fault of another person? If so, are you hesitant on initiating a claim because you may have been partially at fault for the accident? True, this would be a huge problem in Alabama, Maryland, North Carolina, Virginia, and the District of Columbia because these states follow the “Contributory Negligence” rule. Per said rule, an injured person (“Plaintiff”) will not recover from the at-fault driver (“Defendant”) if Plaintiff was at fault to any degree. Fortunately, this rule does not apply in Florida.

It is critical that you hire an experienced attorney for your case. The personal injury and accident attorneys at Gerson & Schwartz PA are here to help. Our experience spans over 43 years with significant results at both the trial and appellate levels. We have successfully represented injured drivers and passengers in every imaginable automobile accident scenario.

Florida’s Pure Comparative Fault

January 22, 2016

Florida Automobile Accidents

by Gerson & Schwartz, P.A.

Taken at Fairfield Waters Townsville Qld.© I retain Copyright.

Last December in Florida, a woman was traveling in the wrong direction and I-95 and hit a Chevrolet Cobalt head-on, killing herself and the four passengers in the Cobalt. Car accidents can happen to anyone, anywhere; even to the most reasonable drivers. As in this example, car accidents can be tragic and often fatal. If you are in an accident at the fault of another person, it is important that you know and understand your legal rights as you may be entitled to compensation for your injuries.

The Miami, Florida personal injury attorneys of Gerson & Schwartz PA have over 43 years of experience handling automobile accident claims. Our attorneys have successfully represented injured drivers and passengers in various automobile accident scenarios ranging from head-on collisions, rear-end collisions, motorcycle crashes, drunk driving accidents, hit and runs, pedestrian accidents, bicycle accidents, even uninsured and under-insured motor vehicle accident claims. Additionally, our law firm handles complex car accident cases that involve insurance coverage disputes and product liability claims such as defective design and automobile manufacturing defects.

January 1, 2016

Five Killed in 1-95 Crash in Miami Gardens

by Gerson & Schwartz, P.A.

In late December five people were killed in a car accident on 1-95 in northern Miami-Dade County when a woman traveled the wrong way down the opposite lane and crashed into a sedan carrying four people. The woman was driving southbound in the northbound lane when she struck the sedan, killing all four people in the car. Two of the passengers were not wearing seatbelts and were ejected from the vehicle. Both vehicles were moving at a high rate of speed and collided head on. Two more people were sent to the hospital in critical condition.

The four people inside the sedan were family members getting together for the holidays. Jose Martin Labrador, 52, and Gisela Gil-Egui, 48, were husband and wife and both worked at local colleges. Labrador was the director of education technology at Housatonic Community College and Gil-Egui was a professor of communications at Fairfield University.

If you were injured or lost a loved one in a car accident, contact an experienced Miami Car Accident Attorney.

November 13, 2015

Passenger Killed in Miami High Speed Collision

by Gerson & Schwartz, P.A.

In the early morning following Halloween night, a driver lost control of a Chevy Camaro at a “high rate of speed” and veered into oncoming traffic, said the Traffic Homicide Unit for the Miami-Dade Police Department. The Camaro collided with a Dodge Charger causing one of the Camaro’s passengers to be ejected through the front windshield. The ejected passenger was pronounced dead on the scene. The remaining three people inside the Camaro and the driver of the Charger were taken to the hospital and are currently in stable condition.

If you or a loved one was injured or killed in motor vehicle accident contact a Miami Car Accidents Lawyer today.

The accident, occurring at the 5000-block of N.W. 32nd Avenue, was tragic on all accounts. Although Miami police are still investigating the exact causes of the accident, it does appear that the driver was likely driving over the speed limit and is likely at fault for the wreck. Drugs and alcohol have not been ruled out as contributing to the accident.

November 6, 2015

Florida Car Accident Instigates Federal Tire Recall Investigation

by Gerson & Schwartz, P.A.

When someone is injured or killed in an auto accident, the driver is usually responsible. But blame could also rest in the hands of the manufacturers and even the legal system designed to keep defective vehicle parts off the road.

In October, the National Transportation Safety Board announced that the system to recall defective tires is broken and ineffective. The investigation was launched in response to an auto accident in Florida involving a van equipped with defective tires that left two people dead and eight others injured. Neither the owner of the van nor its mechanics were aware the tires had been recalled.

According to the NTSB, there are 33,000 accidents in the U.S. each year due to defective tires, and even when tires get recalled, most drivers are unaware. Having defective tires can result in you being held responsible for the damages in an auto accident.

October 30, 2015

Three Important Questions to Ask Your Miami Personal Injury Lawyer

by Gerson & Schwartz, P.A.

You are driving on Coral Way in Miami when another driver slams into the back of your vehicle. The entire rear end of your car is damaged and will need extensive repairs. In addition, you suffer serious injuries including a sprained shoulder, fractured wrist, and whiplash. You decide you want to hire an attorney. Our team of experienced Miami car accident lawyers want to be sure you are prepared for this meeting. Below are some important questions you should ask a lawyer during a free, initial consultation:

How Long Do I Have to Take Legal Action?

This is an important question to have the answer to since every civil claim is governed by a statute of limitations. A statute of limitations is an arbitrary time limit established by a state legislature providing a window of time for you to take legal action against an alleged at-fault party. Statutes of limitations vary state by state and by the injury you suffered. The statute of limitations also changes based upon the party you are taking action against. This means there may only be a short time to file a lawsuit, depending on who you are filing the suit against. If you fail to file a personal injury or wrongful death lawsuit before the statute of limitations expires, you may be barred from pursuing a financial recovery for your injuries.

October 28, 2015

Hit-and-Run Accidents

by Gerson & Schwartz, P.A.

A 27-year-old British man was on vacation in Miami Beach, Florida when his life came to an abrupt and tragic end. The young man was hit by a convertible BMW and died at the scene of the collision. The driver of the car was reportedly operating the vehicle at around 100mph. Immediately after the collision, the at-fault driver got out of the car and fled the scene. Our team of Miami car accident lawyers are outraged by this story. This was such a senseless tragedy and the driver’s decision to leave the scene of the accident only makes the situation worse.

Leaving the Scene of an Accident is Both Morally Wrong and Against the Law

If you hit someone with your car, you have a non-delegable duty to remain at the scene of the accident. It is the right thing to do since the person you hit could have, as exemplified above, life-threatening injuries. Just leaving shows a complete indifference to human life. You also have a legal obligation to remain at the scene. Specifically, Florida Statute § 316.027(2)(a) states:

October 23, 2015

Drinking and Driving Can Be a Deadly Decision

by Gerson & Schwartz, P.A.

Drinking and driving is one of the most irresponsible and reckless decisions an individual can make. The risk of causing a catastrophic collision is so high and the ease of calling a taxi cab or using the Uber app to get a ride home is so easy. Simply put, the risk is not worth the ramifications. Unfortunately, not everyone understands the impact of his or her decisions. A recent example our team of Miami car accident lawyers discovered was the heartbreaking loss of a 10-year-old girl who was killed in an accident caused by an intoxicated driver.

The tragic collision involved a drunk driver who neglected to stop at a stop sign and slammed into the passenger side of a Chevrolet. The 10-year-old girl was sitting in the front passenger seat and died at the scene of the collision.

Drunk Driving Accidents are Preventable

October 16, 2015

In the Blink of an Eye, Everything Can Change

by Gerson & Schwartz, P.A.

A tragic car crash occurred in Miami resulting in the death of one person and serious injuries to seven others. News reports indicate that a vehicle was traveling east on Northwest Seventh Street when a collision occurred at the intersection with 35th Avenue. Two elderly individuals (one of whom passed away later on at the hospital) and six teenagers were involved in this awful wreck. Our team of Miami car accident lawyers are deeply saddened to hear about another preventable car crash in which live were forever changed.

This terrible crash is an example of just how precious life is and the fact that, in the blink of an eye, everything can be turned upside down. Just think, the elderly couple involved in this wreck was simply going about their day. Now, a spouse is dead and the other is left to pick up the pieces.

The six teenagers involved in the crash ranged in age from 17 to 19. Two of the teenagers had to be transported to Jackson Trauma Center due to the severity of their injuries. The students just finished with class at Green Springs High School when the crash occurred, according to 7 News.

October 12, 2015

Miami Wrongful Death Claims: Understanding Your Rights

by Gerson & Schwartz, P.A.

Two teenagers from Lakewood Ranch, Florida tragically died after an accident that left their vehicle split in half. One of the teenagers, a 17-year-old boy, was operating a Mercedes when he failed to negotiate a curve and crashed into a tree in the median, according to CBS Miami.

Both the driver and his 15-year-old passenger died as a result of the crash. Our Miami car accident injury attorneys are deeply saddened by this news. Losing anyone in a preventable car accident is a tragedy, but it is especially gut-wrenching when those taken from us are so young.

Florida Highway Patrol officials suspect speed may have played a role in the crash, but continue to investigate. If it turns out that speed was a contributing factor, the family of the 15-year-old passenger may have a basis to pursue a wrongful death claim. This is a claim based upon a state law known as the Florida Wrongful Death Act.