Car Accidents

July 10, 2020

Five Florida Rideshare Accident Laws Victims Need to Know

If you use ridesharing services to get around Miami, you are probably drawn to the convenience, reasonable cost, and ease of being able to bring up the app and arrange a trip. Millions of others apparently agree with you, leading to astronomical success for companies like Uber and Lyft – which boast $17.6 billion in combined global net revenue. Of course, when an industry demands such an enormous market share, you can expect that lawmakers will step in to regulate it. Key legislation and agency regulations govern everything from the relationships between drivers and rideshare services, to insurance and fare limitations. Some of the laws that apply to motor vehicle accidents will be extremely important if you were hurt in a crash while riding in an Uber or Lyft. Your Miami rideshare accidents lawyer will take the lead in handling the legal issues, but you should be aware of the following Florida rideshare accident laws.

Laws Regarding Compensation in an Uber or Lyft Crash

A ridesharing collision is a type of personal injury case, so your monetary damages are similar to what you would receive in any other auto accident. In a successful claim, you can recover compensation for your medical costs, lost wages, pain and suffering, and other losses.

July 8, 2020

Recurring Injuries From Miami Car Accidents can be Long-Term

by Gerson & Schwartz, P.A.

Recovering from a car accident can involve many unexpected twists and turns, even when you did the right thing by seeking immediate medical attention after the crash. One of the biggest concerns for victims is when injuries appear to heal, only to redevelop later – possibly bringing more extreme pain and physical limitations. While the effects on your physical health are immediately obvious, there may also be implications for the legal process. Your damages are based, in part, on what you may suffer in the future. With recurring injuries, there are many unknowns in this respect.

The correlation between compensation and chronic medical conditions is a complicated issue, but it is one that Miami car accident lawyers deal with every day. Some background information may help you understand the basics.

Soft-Tissue Injuries

July 1, 2020

When are Miami Drivers at the Highest Risk for a Car Accident?

by Gerson & Schwartz, P.A.

Even when you are extremely cautious and drive defensively on the busy streets of Miami, car accidents are still a threat. However, the Florida Department of Highway Safety and Motor Vehicles (FLHSMV) collects data to better understand when the risk of collisions is higher. Various factors impact the potential for crashes according to different days of the week, seasons, holidays, the time of day, and more. When you know the most dangerous times to be on the road, you can avoid non-essential trips and take extra precautions when you do need to drive.

Since you cannot prevent crashes entirely, it is important to work with a Miami car accidents attorney if you were injured. Plus, you can review the following information on when drivers are at the highest risk of being involved in a crash.

Holidays Associated with Celebrations

June 24, 2020

Out-of-State Victims’ Rights in Miami Auto Accidents

by Gerson & Schwartz, P.A.

Miami enjoys a booming tourist industry with visitors coming from all U.S. states. Sadly, being on vacation does not insulate you from the risk of being involved in a car accident. Injured victims from out-of-town face an even more overwhelming situation after an auto crash, since they are in unfamiliar territory – geographically, logistically, and legally.

The good news is that many of the laws that apply to motor vehicle crashes in your hometown also apply if you were hurt in a collision in Florida. However, there are some unique factors that can be complicated when you are trying to enforce your rights from afar – AND recover from your injuries at the same time. A Miami car accidents attorney can explain your remedies and assist with the legal process, but some general information may also be useful.

Car Accident Claims Process for Non-Resident Victims

June 17, 2020

Reasons Miami Car Accidents Increase Over the 4th of July

by Gerson & Schwartz, P.A.

The National Highway Traffic Safety Administration (NHTSA) periodically assesses multiple holidays throughout the year to determine which are the most dangerous to be on the road, and its findings should be noted for the one coming up soon — the Fourth of July. In a Traffic Safety Facts publication on holiday car accident fatalities in 2019, NHTSA revealed that 594 people were killed in motor vehicle crashes over July 4, ranking #1 among all single holiday periods.

Some of the reasons for this increase in auto crashes around the holidays are obvious, while others might surprise you. If you were hurt, you should consult with a Miami car accidents attorney about your legal options. Meanwhile, you can review some of the key contributing factors that make the Fourth of July a particularly dangerous time for motorists.

Drunk Driving

June 10, 2020

The Extreme Dangers of Drowsy Driving in Miami

by Gerson & Schwartz, P.A.

You might read a headline once in a while about a Miami car accident caused by a motorist falling asleep at the wheel, but you would probably never expect to be personally involved in a drowsy driving crash. Unfortunately, statistics reveal that fatigue is common among drivers and it can be a key factor in serious accidents. The Governors Highway Safety Association (GHSA) estimates that there are around 328,000 drowsy driving collisions every year in the US; approximately 6,400 of these incidents were deadly and another 109,000 caused injuries to at least one person. However, GHSA notes that there is some margin of error on fatigued driving crashes figures due to reporting issues.

If you or a loved one was involved in a drowsy driving collision, it is important to consult with a Miami car accidents attorney right away about your legal options. Plus, some information on the dangers may help you avoid becoming a victim.

The Dangers of Drowsy Driving

June 3, 2020

Paying Medical Bills After a Miami Car Accident

by Gerson & Schwartz, P.A.

You do have legal remedies available after being hurt in a Miami car accident, including the option to seek compensation for your losses. In a particularly serious crash, you may be able to pursue the responsible driver’s insurance company by filing a claim. The objective is to recoup monetary damages for the costs you have accrued and other ways your injuries impact your life. However, as you might expect, it is not likely that you will receive a check overnight. Instead, your compensation will be paid out after your claim is resolved – either through a settlement agreement with the insurer or in court. Therefore, you could have difficulty paying your medical bills, especially if your injuries prevent you from working.

It is a relief to know that there could be other sources you can turn to when you need financial support as the victim of a collision. While your Miami car accident attorney is working through the claims process, you should also ask about getting funds through:

Your Auto Insurance PIP Coverage

May 27, 2020

Will V2V Communication Reduce the Potential for Car Accidents in Miami?

by Gerson & Schwartz, P.A.

The National Highway Traffic Safety Administration (NHTSA) is always investigating features that promote safety and reduce the risk of car accidents. One of the latest efforts involves Vehicle-to-Vehicle Communication (V2V), which is technology that allows vehicles to wirelessly exchange information. By communicating traffic-related factors with other vehicles, V2V can alert drivers regarding threats and enable them to avoid a collision. The NHTSA estimates that, if every vehicle on the road was equipped with V2V technology, 615,000 motor vehicle accidents could be prevented and 1,366 lives could be saved.

There is a long road ahead to get V2V communication installed on every vehicle on the road, so the potential for fatal and injury-causing crashes remains a reality. If you were hurt or lost a loved one, it is important to get in touch with a Miami car accidents attorney right away. You might also be interested to learn more about V2V technology.

Overview of V2V Communication

May 22, 2020

Who are Vulnerable Road Users in Miami Traffic Accidents?

by Gerson & Schwartz, P.A.

You are probably aware of the risks of fatal and injury-causing car accidents in Miami, but you may not realize that the threats affect you even when you are not in a four-wheeled vehicle. When collecting data on crashes, the Florida Department of Highway Safety and Motor Vehicles (FLHSMV) also includes incidents involving motorcycle riders, bicyclists, and pedestrians. These individuals are designated as “vulnerable” road users, and collisions involving them occur frequently.

For victims, the legal process is similar to accidents involving motorized vehicles, but there are some unique characteristics that make these crashes far more devastating. As such, it is important to work with a Miami attorney who focuses on pedestrian, bicycle, and motorcycle accidents if you were injured. You might also benefit from reviewing some statistics and background information about your rights.

Vulnerable Road Users and Accident Statistics

May 20, 2020

Determining Fault in Miami Car Accidents

by Gerson & Schwartz, P.A.

Car accidents make up a whopping 99% of all non-fatal transportation injuries in the US, according to the National Highway Traffic Safety Administration’s 2020 Report. Millions of victims and their families are expected to file insurance claims for their losses. Even if you do not have a legal background, you probably hear a lot about how fault plays a role in the process. Legal liability concepts are central to your rights and remedies, but they work a little bit differently after a Miami car accident. In many cases, fault may not be key because you will seek compensation from your own insurance company under Florida’s no fault rules.

However, there are some instances in which you qualify to file an injury claim with the other driver’s insurer – and proving fault is definitely a requirement to obtain compensation. Your Miami car accidents attorney can explain the details, but you might find the following information useful.

Why Fault Matters in a Miami Auto Crash