Car Accidents

October 9, 2015

Leaving the Scene of a Miami Car Accident

Fleeing the scene of a car accident is totally unacceptable and is against the law in Florida. Our team of Miami car accident lawyers takes this issue seriously since a hit-and-run accident has ramifications long after the collision.

The consequences of leaving the scene of a car wreck are quite serious. Take, for example, what recently happened to former TV star David Cassidy. He is facing up to a year in prison after the actor-singer was cited for fleeing the scene of an auto accident in Fort Lauderdale, according to Miami.com.

According to Florida Highway Patrol records, Cassidy was traveling on I-595 “at a high rate of speed” and “in and out of traffic.” The front of Cassidy’s passenger side collided with the back of a box truck. After the collision, Cassidy immediately fled the scene hoping to avoid any negative repercussions. Fortunately, a witness saw the crash and provided state troopers with a picture of the license plate.

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 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

July 28, 2015

Understanding Comparative Negligence for Your Miami Auto Accident Case

by Gerson & Schwartz, P.A.

When someone gets involved in an auto accident and suffers an injury, whether in Fort Lauderdale, Broward County, or any other area of Florida, they usually want the driver that hit them to be held responsible and cover their medical bills, lost wages, and other damages. However, you need to be aware of a legal doctrine known as comparative negligence. As Miami personal injury attorneys, we deal with this doctrine on a daily basis.

Understanding Comparative Negligence

If you partially contributed to the cause of the accident that resulted in your harm, a judge or jury can take that into consideration and compare the negligence of both parties. This comparison can result in a reduction in the amount of damages the other party has to pay, based on a determination of comparative negligence. For example, let’s say you are a pedestrian hit by a driver, but the evidence indicates that you were walking across the street in an area not designated for pedestrians. A judge or jury, applying comparative negligence, could determine that both you and the driver were negligent and apportion damages accordingly. They could, for example, determine that the driver was 75 percent negligent and you were 25 percent negligent and reduce any monetary damages award by 25 percent.

July 16, 2015

Crosswalk Accidents – Who Has the Right of Way?

by Gerson & Schwartz, P.A.

Florida ranks consistently as one of the worst states in terms of pedestrian safety. According to 2012 data published by the National Highway Traffic Safety Administration, pedestrian fatalities were highest in California (612), followed by Texas (478) and Florida (476). If you or a loved one was hit by a vehicle while in a crosswalk, you should consider speaking to an experienced Miami personal injury attorney to determine whether you have the legal grounds to pursue a civil claim.

Understanding Crosswalk Laws in Florida

Crosswalk laws in Florida are codified in the Florida Statutes Section 316.130 and discuss in detail the rights of a pedestrian while walking on a crosswalk. Pedestrian is defined as “anyone on foot,” provided there is some kind of movement associated with them. Persons on wheelchairs or roller-skates can also be considered pedestrians. However, cyclists are NOT considered pedestrians since they are operating a mode of transportation.

July 1, 2015

Passenger Killed in Tragic Accident on U.S. 301 and University Parkway

by Gerson & Schwartz, P.A.

As Miami personal injury lawyers with decades of experience handling serious car accident cases, we found the news of a tragic wreck that occurred in Sarasota, Florida truly heartbreaking. A 2007 BMW 750 Li was reportedly traveling northbound on U.S. 301 “at a high rate of speed” at around 2:40 a.m. when the driver failed to slow down while turning right onto University Parkway. The vehicle wound up cutting through the grass along the shoulder of the Parkway and crashed into an embankment. The high rate of speed caused the vehicle to become airborne ultimately coming in contact with a railroad support pole located on nearby railroad tracks. The vehicle then became engulfed in flames.

An innocent passenger’s life was extinguished in the accident. The victim was a Sarasota resident only 40 years young, according to a news report on Patch.com written by Ethan Levine.

Our deepest condolences go out to the victim’s family and friends. Losing someone you love is never easy, especially when the loss is sudden and completely unexpected.