Car Accidents

November 7, 2019

Five Myths About Miami Car Accidents

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.

October 29, 2019

Vehicle Black Boxes Impact Miami Car Accident Claims

by Gerson & Schwartz, P.A.

You may think of air travel when you hear about black boxes, but the truth is that these devices are in wide use in all types of passenger vehicles that were manufactured in recent years. The actual terminology used by the National Highway Traffic Safety Administration is event data recorder (EDR), which is technology that captures information related to an event – typically a motor vehicle crash. While some drivers have privacy concerns, many other motorists have realized the benefits when filing an injury claim as the victim of a collision.

Though the information from an EDR can support your position, it is still essential to retain a Miami car accident lawyer to ensure you get the compensation you deserve. A synopsis of vehicle black boxes may help you understand how they fit in an effective legal strategy.

How Event Data Recorders Work

October 24, 2019

Depositions in Miami Car Accident Claims: What You Need to Know

by Gerson & Schwartz, P.A.

If you are pursuing your legal remedies as the victim of a motor vehicle crash, it is likely that the responsible driver’s insurance company will request that you appear for a deposition. Under the Florida Rules of Civil Procedure, it is each party’s right to depose the other in connection with litigation. Plus, depositions are a common strategy for the narrowing legal issues involved when you are trying to work out a settlement.

However, beyond the basics, there is not much information on the point of depositions and what to expect. Your Miami car accidents attorney will provide guidance and represent you during the proceedings, but a background on depositions in auto crash claims may also be helpful.

Overview of Deposition Proceedings

October 17, 2019

Speeding is a Primary Factor in Miami Car Accidents

by Gerson & Schwartz, P.A.

Most drivers are well-aware of the dangers of speeding, but recent information published by the National Highway Traffic Safety Administration (NHTSA) sheds some light on the severity of the problem. Speeding has been a factor in around one-third of all fatal motor vehicle accidents for the last 20 years, and it contributed to 26% of such incidents in 2017. Not only does speed lead to a high number of fatalities, but it is also a top cause of serious injury-causing crashes.

If you were hurt or lost a loved one in an auto collision caused by someone else’s negligent acts, including speeding, it is important to contact a Miami car accidents attorney right away. In the meantime, you can also review some information on the dangers of speeding.

How Speed Limits Impact Safety on Florida’s Roads

October 3, 2019

Reasons to Avoid Social Media After a Miami Car Accident

by Gerson & Schwartz, P.A.

Billions 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

September 24, 2019

Top Vehicle Safety Features can Prevent Florida Car Accidents

by Gerson & Schwartz, P.A.

Once a vision for the future, self-driving cars are actually not too far away as auto makers continue to test and develop vehicles that could be in every US garage in a few years. In fact, the National Highway Traffic Safety Administration (NHTSA) reports that automated safety technologies have already evolved to stage four within the Five Eras of Safety: Self-parking cars and traffic assist.

Convenience may be an attractive feature for drivers, but the primary focus of these technologies is safety. Automation cannot entirely eliminate the potential for fatal and injury-causing accidents in Miami, but you might look for some of the key accident prevention technologies the next time you are car shopping.

Lane Departure Warning

September 12, 2019

Your Post-Accident Journal as the Victim of a Florida Car Crash

by Gerson & Schwartz, P.A.

Besides hiring a Miami car accident attorney, one of the most important things you can do as the victim of a crash is to start a journal regarding your experiences. You will face considerable challenges in attempting to recover compensation through an insurance claim, since you can expect the adjuster to dispute everything from fault to the nature of your injuries. Having your own documentation enhances your credibility, provides support for damages claim, and helps your lawyer fight for your rights. Plus, a diary can also serve to refresh your memory regarding details you may not be able to recall.

Here are a few items to include when starting your post-accident journal.

Details Regarding the Accident

August 29, 2019

Eight Driving Safety Tips to Reduce the Likelihood of Car Accidents in Miami

by Gerson & Schwartz, P.A.

There 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.

August 21, 2019

What is Normal for Soreness After a Miami Car Accident?

by Gerson & Schwartz, P.A.

If you are one of the 2.61 million people injured in motor vehicle accidents every year according to the US Centers for Disease Control and Prevention, chances are you may still be feeling the physical effects. You are probably experiencing some pain and discomfort, and it could be rather severe depending on your injuries. It is common to endure aches and other symptoms, but you may eventually become frustrated with how long they last.

While there is no easy answer, the good news is that you may qualify to recover compensation for your losses, including your lingering pain and suffering. Your Miami car accident attorney will handle the legal issues, but some guidelines may be helpful.

Talk to Your Health Care Provider

August 7, 2019

Post-Crash Checklist After a Miami Car Accident

by Gerson & Schwartz, P.A.

You 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