Miami Accident Lawyer Blog

June 17, 2020

Reasons Miami Car Accidents Increase Over the 4th of July

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 12, 2020

Avoiding Miami Bicycle Accidents: Tips on Riding Predictably

by Gerson & Schwartz, P.A.

It is shocking to learn that more than 1,000 people are killed and another 306,000 are injured every year in bicycle accidents across the US. However, another trend indicated by the National Highway Traffic Safety Administration (NHTSA) is even more disturbing: In its recent publication on Traffic Safety Facts: Bicyclists and Other Cyclists, 75% of bicycle accidents occur in urban areas like Miami. There have already been 304 of these incidents in Miami-Dade County as of early June, just at the halfway point of 2020.

You probably hear plenty of tips on wearing a helmet, preparing your bike, and putting on safety gear to protect yourself – as well as contacting a Miami bicycle accidents lawyer if you were hurt. What you may not know much about is the practice of “predictable” cycling. To a certain extent, you hold the key to reducing these incidents, so read on for some tips on how to be predictable while riding.

How Riding Predictably Decreases Bicycle Accidents

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 5, 2020

What is “Constructive Notice” in a Miami Slip and Fall Accident?

by Gerson & Schwartz, P.A.

While often referred to as “slip and fall” accidents, the nature of your legal rights falls under the category of premises liability if you were hurt in such an incident. As with many other personal injury claims, the basis of these claims is negligence. You can recover compensation if you can prove that a property owner knew or should have known about a dangerous condition on the premises, and that person or entity failed to address it – either by fixing the hazard or warning others.

However, the language “knew or should have known” often confuses people in terms of proving the essential elements of a premises liability case. In short, the phrase relates to a property owner having notice of the dangerous condition. The legal details are much more complicated, which is why you should trust a Miami slip and fall accidents attorney to assist with your case. Some general information may also be helpful.

The “Notice” Requirement

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 29, 2020

Understaffed Florida Nursing Homes Put Residents at Risk

by Gerson & Schwartz, P.A.

Nursing homes have a legal duty to ensure that residents enjoy a safe living environment and quality care, an obligation that stems from Florida law and by contract. Unfortunately, far too many assisted living facilities fail to live up to their obligations. One of the biggest threats to residents is understaffing, a problem highlighted in a PBS article. A recent study found that most nursing homes had fewer nurses and caretakers than they reported to officials, leading to significant fluctuations in staffing. Weekends are a particular concern, with staff being responsible for almost twice as many residents.

When nursing homes simply do not have sufficient personnel to deliver essential services and the level of care required by residents, neglect and abuse become serious issues. Because some victims are not in a position to address misconduct on their own, loved ones must often step up to seek justice. If you believe understaffing was behind harm to your loved one, you should contact a Miami nursing home abuse and neglect lawyer right away. It is also important to understand the dangers.

Reasons for Nursing Home Understaffing

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

May 15, 2020

Potential for Miami Cruise Accidents Increases as Bookings Skyrocket

by Gerson & Schwartz, P.A.

As Florida and other US states go through various stages of reopening after the novel coronavirus COVID-19 pandemic, there are encouraging signs that the cruise industry will soon get back to operation. According to a May 13, 2020 article published by South Florida CBS News Channel 12, cruise lines are experiencing a 600% increase in bookings as compared to this time last year. The explosion in guest reservations occurred just after some cruise operators announced that they would be resuming trips starting in August 2020 from ports, including the Port of Miami.

Of course, the resumption of vacations at sea means that the risk of cruise accidents and injuries will pick up, as well. If you were hurt, a Miami cruise ship accident lawyer can provide specific information on your legal options, but some answers to frequently asked questions may be useful.

What are My Legal Rights After a Cruise Injury?