Miami Accident Lawyer Blog

April 8, 2020

Distracted Selfies and Shark Attacks

Since the advent of smartphones with cameras, there have been deaths associated with people taking pictures of themselves, or “selfies.” An intoxicated man from Mexico shot himself accidentally while taking a selfie. A Romanian woman was electrocuted while taking a selfie on the top of a train. A man in Indonesia fell into a crater while taking a selfie. A man was gored during Spain’s annual running of the bulls while taking a selfie. Deaths while taking selfies now outnumber deaths by shark attacks. These events even prompted the Russian government to launch a campaign to persuade people to be more cautious while taking selfies. As you can see, most of these deaths were ultimately caused by the environment in which the selfie was taken; it is important to note that dangerous situations are not the best time to take pictures.

Shark attacks result in deaths each year in Florida, as well. Interestingly, the most likely group of people to be injured in a shark attack are surfers. Fishermen, scuba divers, and swimmers are also at high risk of being attacked by a shark. While sharks get a lot of attention in the media for being dangerous animals, the likelihood of being attacked by a shark is extremely low, and the odds of being killed in that shark attack are even smaller.

Comparing the danger of selfies against the danger of shark attacks is a good exercise in thinking about risk. Even though more people have been killed while taking selfies, that does not mean taking a selfie is inherently dangerous. Every instance in which someone was killed while taking a selfie, their own negligence. In legal terms, this is called contributory negligence or comparative negligence. For example, In Japan, a 66 year old man fell down some steps and had a heart attack after taking a selfie. If the steps were slippery because something had been spilled there, and the property owner was aware or should have been aware of the hazard, then the owner could be partly responsible for the man’s injury. In Florida, the court would compare how much each party was at fault and only compensate the injured party to the extent they were not at fault for their own injuries.

April 3, 2020

Top Causes of Miami Car Accidents and How to Steer Clear

by Gerson & Schwartz, P.A.

When you read the data regarding the frequency of car accidents around Miami, you will probably be surprised by the numbers. In its Traffic Crash Facts for 2018, the Florida Department of Highway Safety and Motor Vehicles (FLHSMV) reports that there are almost 65,000 auto collisions every year in Miami-Dade County. Based upon a three-year average, close to 300 people are killed and more than 32,000 victims suffer injuries in these incidents.

However, it is even more concerning to know that most of these crashes are preventable, and that certain careless acts by drivers are behind them. You may qualify to recover monetary damages if you were injured or lost a loved one, and a Miami car accidents attorney can assist with the process. You may also benefit from knowing some of the most common causes of motor vehicle collisions, and what you can do to avoid them.

Distracted Driving: You know the importance of putting away all electronic devices when you are in the driver’s seat, but many motorists ignore both the safety issues and the laws prohibiting cell phone use. In 2018, there were 236 fatal crashes linked to distracted driving, and more than 45,000 accidents that involved injuries. Note that some of these were not associated with cell phone use, but using the radio, eating, and drinking can also be dangerous forms of distracted driving.

April 1, 2020

The Four Most Dangerous Items in Your Miami Household

by Gerson & Schwartz, P.A.

When you think about the most common factors behind personal injuries, you probably assume that motor vehicle crashes and accidents on property will top the list. To a certain extent, this is true, but you are not always safest under your own roof. There are some hazards that may be lurking in your own home without you knowing, and they can lead to injuries when you least expect it. Some of these consumer products are unsafe by their nature, while others are only dangerous because they contain a defect that could lead to injuries. Many disproportionately affect children and the elderly, while others pose a risk for anyone in the household.

If a defective product in your home caused injuries, it is important to reach out to a Miami products liability attorney who can advise you on your legal options. Meanwhile, review this list of dangerous items, check your home, and make necessary adjustments to protect your family.

Anything Subject to a Product Recall: You might read an occasional news story about a massive recall of defective products, but there are many issues that do not make headlines. To keep your home safe, visit the US Consumer Product Safety Commission Recall List (CPSC) from time to time. If there is a dangerous item in your home, follow the manufacturer’s instructions on how to handle it.

March 27, 2020

Fatalities From Red Light Running Hit New High

by Gerson & Schwartz, P.A.

The AAA Foundation for Traffic Safety recently issued a report on red light running and its impact on car accidents, and the findings may come as a shock to some. More than 14 people are killed every week on U.S. roadways by motorists who drive through red lights. Data collected from 2012 to 2017 reveals that there are almost 950 fatalities annually linked to red light running, which is a 10-year high. Thousands more suffer injuries in crashes under similar circumstances. Additional data shows that these incidents are preventable, and usually the result of careless or reckless driving.

Fortunately, Florida law protects victims by providing legal options to recover monetary damages. A Miami car accidents attorney can assist with the process, but you might find the following information useful.

Statistics on Red Light Running

March 25, 2020

South Florida Cities That Rank Worst for Bicycle Riders

by Gerson & Schwartz, P.A.

Anyone who rides a bike around the streets and designated bicycle lanes of Miami knows that it can be a truly harrowing experience. You are sharing the road with sizable vehicles rushing through heavy traffic, and your feeling of vulnerability is amplified by the fact that you are not protected by a metal shell. As such, you would probably not be surprised to learn that South Florida is a hot spot for bicycle accidents. According to a South Florida Sun-Sentinel article published on March 3, 2020, several municipalities in Miami-Dade and Broward Counties fall far below the statewide average of 4.8 when cyclists ranked them on a scale of 1 to 10.

Though you cannot always avoid bike collisions that are caused by negligent motorists, you can pursue the responsible driver for compensation. Trust a Miami bicycle accidents attorney to handle the details, but some basics on the risks and your rights may be useful.

Extreme Risks Involved with Bicycle Accidents

March 20, 2020

Seeking Medical Care After a Miami Car Accident

by Gerson & Schwartz, P.A.

There are more than 31,000 people hurt in Miami-Dade County car accidents every year, according to the Crash Dashboard website maintained by the Florida Department of Highway Safety and Motor Vehicles. Though their injuries may range from mild to life-threatening, that means tens of thousands of victims are left confused, overwhelmed, and in pain in the immediate aftermath of an auto collision. If you are one of them, you are probably wondering what to do next and how you can protect both your rights and your health.

While you should trust a medical professional to take care of your health, a Miami car accidents lawyer will tell you that it is possible to accomplish these two goals by getting treatment as soon as possible. Some background information can help you understand why.

Top Two Reasons to Get Medical Attention Right Away

March 18, 2020

How Safe are Miami’s Indoor Trampoline Parks?

by Gerson & Schwartz, P.A.

Indoor trampoline parks seem like an ideal way to spend an afternoon with the family, but there are serious risks amidst all that fun. According to SafeBee, an initiative from United Laboratories (UL) dedicated to making neighborhoods and communities safe, the experience for many participants is cut short by a visit to the emergency room. There has even been one recorded fatality due to a broken neck incurred while jumping. The concerns for parents are troubling and understandable, since indoor trampoline parks are particularly appealing to children.

If you or someone you know was hurt in an accident while jumping at a trampoline park, a Miami premises liability attorney can assist with your legal options. To understand what they are, some background information may be helpful.

Statistics on Indoor Trampoline Injuries

March 13, 2020

Dangers for Back-Seat Passengers in Florida Car Accidents

by Gerson & Schwartz, P.A.

Innovation and advancements in technology have made vehicles safer than ever, but a recent report published by the Governors Highway Safety Association (GHSA) raises concerns about back-seat passengers in car accidents. The focal point: Seatbelt use. The data indicate that 803 unrestrained individuals died in auto crashes in the US in 2018, and GHSA researchers estimate that 400 of them would be alive today if they had buckled up. Unfortunately, the figures also reveal that only around 76% of back-seat occupants do use seat belts – compared to 90% of people sitting in the front.

If you were injured in an auto crash, it is important to consult with a Miami car accident attorney no matter where you were sitting in the vehicle. Still, you should be aware of the special concerns for back-seat passengers.

Florida Seat Belt Laws

March 11, 2020

Your Rights When Injured in a Miami Cruise Shore Excursion Accident

by Gerson & Schwartz, P.A.

If you have ever been on a cruise or are currently planning one, you probably know that there is a wide array of shore excursions available at ports of call. From shopping and dining experiences to outdoor activities and extreme sports, there is generally an adventure that appeals to everyone. Onshore excursions are also a huge money-maker for the cruise industry. However, an article published by the National Institutes of Health (NIH) reveals that the risk of accidents on these trips is high. On average, just over 31% of all injuries to passengers occur during shore excursions.

Claims involving cruise injuries are very different from other types of personal injury accidents, so it is wise to trust a Miami cruise ship accidents lawyer who focuses on these cases. You might also find it useful to review some basic information.

Common Types of Shore Excursion Accidents

March 6, 2020

What Florida Drivers can do to Avoid Rear End Accidents

by Gerson & Schwartz, P.A.

Rear end car accidents are among the most common types of collisions in Florida and throughout the U.S. According to data compiled by the National Highway Traffic Safety Administration, these types of incidents account for 29% of all crashes. As you might expect, the majority – 88% – of these accidents involve the rear vehicle colliding into a vehicle in front of it, rather than the lead vehicle backing into the vehicle behind it. Rear end collisions are usually the result of driver carelessness, inattention, or other preventable misconduct.

Under the circumstances, it can be almost impossible to avoid a rear end crash if you are driving or riding in the lead vehicle. Fortunately, you do have rights if you were injured, and a Miami car accident attorney can assist you with the legal process. However, you might benefit from knowing the reasons rear end collisions occur and a few tips on avoiding them when you can.

Causes of Rear End Accidents