Miami Accident Lawyer Blog

September 18, 2020

Right of Way Violations and Miami Car Accidents

Whether you just got your driver’s license or have had it for years, there are some rules of the road that are so basic you will never forget. Come to a full stop on red, always use your turn indicator, never pass in a no-passing zone, and other regulations listed in the Florida Driver License Handbook are ingrained in the memories of most motorists. However, there is one source of confusion about one key point in state traffic laws: Right of way – who has it, who does not, and who is at fault when a violation leads to a crash?

The answers to these questions are far from clear, which is why it is critical to retain a Miami car accident lawyer to protect your rights if you were involved in a collision. Some general information can help you understand the basics about right of way and your legal options.

What “Right of Way” Means

September 16, 2020

Post-Accident Physical Therapy can Improve Your Health and Protect Your Rights

by Gerson & Schwartz, P.A.

If you were injured in a car accident, your health care providers may engage in numerous different strategies to assist with the recovery process and ease your pain. However, besides undergoing surgery and taking pain medication, your doctor may recommend physical therapy to get you back to health. This continuing treatment involves regular appointments with a practitioner to safely return your body to its pre-accident physical state, so it is important from a well-being standpoint.

In addition, sticking with your doctor’s orders for physical therapy is also important for your legal rights. You may not think about it as an important factor, but skipping an appointment could affect your compensation. Trust a Miami personal injury attorney to handle the legal side of your claim, but some general information may be helpful.

Physical Therapy Can Speed Recovery

September 11, 2020

Six Things to Do After an Auto Crash in Heavy Miami Traffic

by Gerson & Schwartz, P.A.

Being involved in a car accident is always frightening, but you could feel overwhelmed if the auto crash occurs in the heavy traffic of Miami streets. Unfortunately, these incidents are becoming more common. According to the National Highway Traffic Safety Administration (NHTSA), the number of collision fatalities in urban areas has risen considerably over the last 10 years, and has surpassed the number of deaths from rural accidents every year since 2016.

Despite the chaos and vehicles speeding around you, it is essential to take proper precautions after a Miami car accident. Getting necessary medical care should be a priority, but other important considerations include:

Take a Deep Breath: If you are not knocked unconscious by the impact of the crash, your heart may be racing and your adrenaline skyrocketing. Your first instinct might be to jump out of the car out of a combination of aggravation, anger, and frustration. It is important that you do NOT act on this instinct, as you could be putting yourself in grave danger from the traffic coursing around you. Instead, take a deep breath, and then do a quick check to determine whether you are hurt and how badly.

September 9, 2020

Does the Attractive Nuisance Doctrine Apply in Florida Premises Liability Claims?

by Gerson & Schwartz, P.A.

You probably know that property owners have a duty to maintain their premises in a safe condition and free from reasonably foreseeable hazards. You might also be aware that there are limitations on this legal obligation. Under Florida law, property owners cannot be held liable in a lawsuit when a trespasser is hurt on their property. Even if you did not realize this limitation, you can understand the logic: The owner or party in control over the premises should not have to pay compensation to someone who was not legally present on the property.

There are exceptions to the trespassing rule, however, and one is of particular interest in Florida – where so many households and homeowners’ associations have installed pools. A Miami premises liability attorney can explain the operation of the “attractive nuisance” rule and how it affects your rights. An overview of the duty of property owners, limitations, and exceptions may also be helpful.

Property Owners’ Duties and Trespassers

September 4, 2020

Latest Safety Tech When Shopping for New 2021 Cars and Trucks

by Gerson & Schwartz, P.A.

We live in an age of instant gratification, same-day delivery, and lightning-fast WiFi, so automakers do their best to keep the short attention spans of new car buyers when rolling out the latest model year. An August 27, 2020 article in US News & World Report discusses increased horsepower and longer range for electric vehicles. There is even a flying car, which recently successfully completed its first round of testing. These concept models will not be making it to the showroom floor for a few years, but they are interesting as a glimpse of the future.

Despite these flashy bells and whistles, many automobile purchasers are much more interested in the safety features and equipment that will protect their families right now. Some notable technologies are intended to prevent Miami car accidents, while others serve to reduce the potential for serious injuries in the event of a crash. Here are a few to keep in mind:

Lane Assist: This feature is most effective for inattentive drivers who veer over into another lane and motorists who may be drowsy driving. Through sensors and cameras, the technology will correct a vehicle’s path while simultaneously issuing a notification to get the driver’s attention about the slip.

September 2, 2020

Life Care Plans for Victims of Traumatic Brain Injury (TBI)

by Gerson & Schwartz, P.A.

There is no question that immediate medical care is at the forefront when treating a traumatic brain injury (TBI). Whether from a car accident, slip and fall, dangerous product, or other incident, your first priority as the victim’s loved one should be seeking emergency or urgent medical attention. However, as this individual’s health stabilizes, you will soon begin to learn what the future holds and the big picture of serious TBI complications. When that time comes, it is essential to consider a life care plan focused on the victim’s comfort and well-being.

While the primary objective of the TBI life care plan is developing a strategy for the future, you should also be aware of how it works into your legal remedies. Your Miami traumatic brain injury attorney can explain in more detail, but you may find an overview to be useful.

TBI Life Care Plan and Your Legal Rights

August 28, 2020

Miami Car Accidents and the Elderly

by Gerson & Schwartz, P.A.

There is a popular view that Florida is home to a larger population of elderly individuals compared to other US states, and census data confirms this assumption. The state Department of Elder Affairs reports that more than a quarter of the state’s population is at least 60 years old, while 20% are aged 65 and up. Based on these figures, you might guess that the risk of car accidents is higher with so many older drivers on the road. It is true that there are unique factors involved with elderly motorists, but there is much more to the story than pinning blame on age.

If you were involved in an auto crash, negligence is the key to recovering compensation for your losses. You must establish that the other driver was careless, so age is not a factor. A Miami car accident lawyer can assist with the legal process, but some statistics on elderly individuals and crashes reveal that the threat is not what you expect.

Statistics on Motor Vehicle Collisions and the Elderly

August 26, 2020

Top Causes of Miami Truck Accidents and How to Avoid Them

by Gerson & Schwartz, P.A.

Even though truck accidents are nowhere near as common as other motor vehicle collisions, they tend to be the most catastrophic incidents on the road. According to the Federal Motor Carrier Safety Administration (FMCSA), semis, 18-wheelers, and other commercial vehicles account for around 13% of all traffic deaths in the US. Plus, Florida is in the Top 10 among all states when it comes to the highest percentage of fatal truck crashes; together with the other nine, these states make up more than half of all truck accident deaths.

With these statistics in mind, you will definitely do all you can to avoid being involved in a Miami truck accident. Prevention starts with recognizing the hazards, so you are in a better position to react and avoid them. The top causes include:

Improper Lane Change Collisions

August 21, 2020

Proving a Miami Texting and Driving Car Accident Claim

by Gerson & Schwartz, P.A.

Many US states have taken action against the dangers of texting and driving by enacting statutes that make certain types of cell phone use illegal while a driver is operating a vehicle. Florida’s approach is contained within the Florida Ban on Texting While Driving Law, which took effect in July 2019. Police now have primary enforcement to pull over a motorist if they observe violations of the law, and there are penalties for getting a ticket. However, if illegal cell phone use is linked to an injury-causing accident, victims cannot always rely on law enforcement observations when pursuing their right to compensation. Unlike a drunk driving accident where the motorist’s chemical rests reveal a blood alcohol content over the legal limit, there are issues of proof with a distracted driving crash.

You cannot expect the responsible driver to admit to texting, so you – through your Miami car accidents attorney – will need to explore other options to get essential evidence. An overview of the key issues may help you understand the importance of proof in texting and driving collision claims.

Florida Law on Texting While Driving

August 19, 2020

Self-Driving Trucks Becoming a Reality: Pros and Cons for Miami Motorists

by Gerson & Schwartz, P.A.

Autonomous automobiles have gained significant traction in the US in recent years. It is logical to assume that the same technology will lead to self-driving freight trucks traveling our nation’s highways. According to a recent article published by online news source Vox, it would seem that the future is now: Startup company TuSimple announced that it is laying the foundation for an entire fleet of autonomous trucks, following in the footsteps of Daimler, Embark, Aurora, and other companies. In a statement, a TuSimple spokesperson noted that it intends to have self-driving commercial vehicles in Florida by 2023.

Self-driving technology for semi-trucks, 18-wheelers, and other large trucks carries many of the same questions as it does for passenger vehicles – namely, safety concerns and the potential for serious collisions. It is critical to retain a Miami truck accidents lawyer no matter who was behind the wheel during your accident, but some background on the pros and cons of self-driving trucks can be informative.

Self-Driving Freight Trucks Offer Numerous Safety Advantages