Miami Accident Lawyer Blog

August 19, 2020

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

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

August 14, 2020

Alternative Treatment for Chronic Pain After a Miami Car Accident

by Gerson & Schwartz, P.A.

If you were hurt in a car accident in Miami, you may experience lingering, chronic pain beyond the initial treatment you received for your injuries. Experts from the Mayo Clinic indicate that there are multiple medication options to alleviate the discomfort, such as acetaminophen, some NSAIDS, and other over-the-counter drugs. You may even receive a prescription for pain from your doctor, since narcotics, antidepressants, and steroids can be effective against pain. However, if you are looking for some alternative remedies for persistent soreness, some new advances in pain treatment may be of interest.

You can read on for some information about the latest in care for chronic pain, though you might be concerned about the costs. Consult with a Miami car accident attorney about seeking compensation for your medical care, but here are a few options to discuss with your doctor.

Chronic Pain Treatment Focuses on the Nervous System

August 12, 2020

Johnson & Johnson Pulls Talc After String of Products Liability Lawsuits

by Gerson & Schwartz, P.A.

Talc-based baby powder has been a flagship product for Johnson & Johnson since 1894, but litigation alleging that the product causes cancer has plagued the company for years. Several jury verdicts, settlements, and billions of dollars in product liability damages have dealt a devastating blow to profits. As such, Johnson & Johnson executives made the decision to discontinue making talc baby powder, which may contain the carcinogen asbestos. Despite the move, company officials insisted that the product is safe in a recent Miami Herald article.

All existing inventory of talc baby powder will remain on store shelves and available to consumers through retailers, so the threat persists for users – and women are particularly at risk. It is important to reach out to a Miami products liability lawyer to discuss your legal rights if you suffered harm, but you should become familiar with the basics about Johnson & Johnson talc baby powder litigation.

Legal Basis for Talc Lawsuits

August 7, 2020

Construction Site Accident Leads to Catastrophic Injuries

by Gerson & Schwartz, P.A.

A number of construction workers were seriously injured this week when a crane-load of rebar fell onto them at a Brickell construction site. The crane was moving some rebar overhead when the load unexpectedly fell, injuring at least six workers at the Florida construction site, with two of those workers being impaled through the torso. At least one of the victims remains on a hospital ventilator, in serious condition.

What Causes Florida Construction Accidents?

In the incident above, the rebar allegedly fell onto and injured the construction workers as a result of defective construction equipment. The Construction Company operating the site claimed on social media that the steel cage of the crane came loose while it was transporting the rebar overhead, resulting in the injuries to those workers positioned below. The Occupational Safety and Health Administration is currently investigating the incident, but if it turns out that defective crane equipment was the cause of the accident, then those injured may have legal recourse through a product liability claim in addition to their workers’ compensation benefits.

August 5, 2020

South Florida Fatal Car Accident Trends and Statistics

by Gerson & Schwartz, P.A.

Fatal car accidents are an unfortunately common tragedy across the US and Florida, and especially in large cities like Miami. According to the Annual Report 2018 prepared by the Florida Department of Highway Safety and Motor Vehicles (FLHSMV), there were 2,917 deadly auto crashes that claimed the lives of 3,135 victims. Though the figures are not yet available for 2019, it is likely that the statistics will come close to the three-year average of 2,925 fatal accidents and 3,142 deaths. These numbers may not seem so high in the bigger scheme of things, until you realize the number of lives affected by one person’s death. For many more thousands of surviving family members, the future looks grim.

You may be entitled to compensation if you lost a loved one in a fatal auto crash, and a Miami car accidents lawyer can assist with the legal process. Meanwhile, some statistics on fatal collisions should be informative.

Year-to-Year Accident Trends in South Florida

July 31, 2020

Children and the Risks of Traumatic Brain Injury

by Gerson & Schwartz, P.A.

People of all ages can sustain head trauma in an accident, but statistics from the Brain Trauma Foundation reveal that the risks for children are shockingly high. Every year in the US, 2.5 million individuals suffer traumatic brain injury (TBI) and around 50,000-60,000 children are hospitalized for these injuries. Plus, TBI is also the leading cause of death and disability among individuals under 18 years old, as they carry significant long-term physical and emotional implications.

Though you want to do all you can to protect your child when you know the risks of TBI, accidents can still happen. A Miami brain injury attorney can explain your legal options if your child was hurt, but knowing how these injuries happen may help you reduce the threat.

Top Causes of Traumatic Brain Injuries to Children

July 29, 2020

The Three Periods of Rideshare App Use and Why They Matter After an Accident

by Gerson & Schwartz, P.A.

For a potential passenger, booking a trip through a Miami rideshare company is a simple process that involves just a few clicks on the mobile app. From the perspective of an Uber or Lyft driver, interacting with the app is slightly more complicated. The underlying reason is grounded in the relationship between a rideshare service – defined as a ‘transportation network company’ (TNC) under Florida law – and the person who provides the services using his or her own vehicle. TNC drivers are independent contractors instead of employees, eliminating the possibility that you can pursue the rideshare company if you were hurt in a vehicle collision.

However, the distinction does not take away your rights as an Uber or Lyft accident victim. Instead, the focus is on the TNC driver’s usage of the app, based upon three key periods of interaction. A Miami rideshare accidents lawyer can explain in more detail, but a general description may be helpful.

Three Key Periods for TNC Driver App Usage

July 24, 2020

What are My Rights as a Pedestrian or Bicyclist After a Miami Rideshare Accident?

by Gerson & Schwartz, P.A.

Considering the year-round mild temperatures and gentle ocean breezes, it is easy to see why many South Floridians choose to get around by foot or bicycle. Walkscore ratings for Miami are proof, giving the city high marks at 78 for walkability and a 65 for bike riding. The downside is that the increase in foot and bicycle traffic can cause some tension with the number of motorized vehicles, especially in the heart of downtown and during rush hours. Add to that an explosion in the number of people using Uber and Lyft, and you have a potentially disastrous scenario that can lead to serious rideshare accidents with pedestrians and bicycle riders.

Fortunately, it does not matter if you were in a motorized vehicle to seek your legal remedies as an injured victim. Florida laws protect the interests of pedestrians and bicyclists, so you should discuss your options with a Miami rideshare accidents attorney.

Vulnerable Road Users Have Rights After a Rideshare Accident

July 22, 2020

Increased Risk of Injuries for Back Seat Passengers in Miami Rideshare Accidents

by Gerson & Schwartz, P.A.

As part of its mission to provide safety information to insurance companies and auto makers, the Insurance Institute for Highway Safety (IIHS) routinely conducts studies on how to reduce the risks of accidents and potential for serious injuries. A recent study should be of particular concern to any motorist or passenger, especially for those who use ridesharing services in Miami: The dangers of riding in the back seat of a vehicle, a common practice for Uber and Lyft passengers, are serious. IIHS researchers expressed serious concerns about multiple crash-related factors, after analyzing the details of almost 120 collisions that caused death to back seat passengers.

The increased risk for back seat occupants is alarming, but the truth is that you have rights after an Uber or Lyft crash no matter where you were sitting. It is important to speak with a Miami rideshare accidents attorney about the legal concepts, but you may also benefit from some information about the threat to back seat riders.

Seat Belt Usage and Rideshare Services

July 17, 2020

Four Factors That Increase the Risk of Miami Rideshare Accidents

by Gerson & Schwartz, P.A.

The benefits of ridesharing services are well-known to many people who use Uber or Lyft to get around Miami, but you may not give much thought about the advantages from the perspective of the driver. BuildFire, a mobile app developer, reported some interesting statistics that provide insight:

Globally, more than 3 million people drive as independent contractors for Uber, fulfilling 40 million ride requests per month;
The average Uber driver earns $364 per month;