Miami Accident Lawyer Blog

August 9, 2019

Who are Potential Parties in a Miami Truck Accident Claim?

According to the Florida Department of Highway Safety and Motor Vehicles, truck accidents in Miami-Date County make up just 13% of all traffic crashes. However, these incidents are far more likely to result in life-threatening or catastrophic injuries to occupants of the other vehicle. The losses for victims can be devastating, including sky-high medical bills, excruciating pain, and indescribable suffering. As such, it’s important to seek compensation from all available sources if you were injured in a truck crash.

Fortunately, state laws do extend liability in many truck accident claims – even beyond the truck driver and insurance company. You should discuss your situation with a Miami truck accident attorney, but some examples may help you understand what individuals and entities may be potential parties.

Trucking Company: It may be possible to pursue a trucking company that employs the truck driver or somehow contributed to the crash. For instance, the organization may have not checked the operator’s credentials and training, so it was negligent in hiring the individual. The company could also be a party if it encouraged speeding or noncompliance with Hours of Service laws.

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

August 5, 2019

Building Code Violations and Your Rights in a Miami Slip and Fall Case

by Gerson & Schwartz, P.A.

Every year, hundreds of people are hurt in accidents on property around Miami, including shops, restaurants, office buildings, apartment complexes, and others. In some of the incidents, the hazardous conditions that cause slip and fall injuries are linked to building code violations. While the Miami-Dade County Department of Regulatory and Economic Resources may issue a citation, the most an offender receives as punishment is usually a fine.

If you are a victim of such an accident, this fine is little consolation for the losses you suffer. Fortunately, you do have rights, and a Miami slip and fall accidents lawyer can assist with your claim. Plus, you may find it useful to review some general information on these cases.

Evidence of a Code Violation

August 2, 2019

How Comparative Negligence Works in Miami Personal Injury Cases

by Gerson & Schwartz, P.A.

You may not be surprised to learn that accidents are the top reason that people in Miami and throughout the US visit the emergency rooms. The US Centers for Disease Control and Prevention reports that unintentional falls accounted for almost 8.6 million nonfatal injuries and motor vehicle crashes caused harm to more than 2.5 million people in 2017.

What may come as a surprise is that, though many of these victims had rights under Florida personal injury laws, there are laws that may place limitations on recovering compensation. This is due to state law regarding comparative fault, which may apply in your case if you are injured in an accident. You should discuss your circumstances with a Miami personal injury attorney, but read on for some important information.

Legal Basis for Personal Injury Claims

July 31, 2019

Reasons Insurers Reject Miami Car Accident Claims

by Gerson & Schwartz, P.A.

When you are hurt in a Miami auto collision, your first step in seeking compensation for your losses is to file a claim with the responsible driver’s insurance company. Like many victims, you might expect the process to be clear and simple — complete the necessary forms, send them to the insurer, and wait to receive payment. You may be shocked and dismayed when the response is an outright rejection of what you believe is a valid, legitimate claim.

Though it may provide seemingly valid reasons for a denial, the primary motivation of the insurance company is to look out for its own interests. Your claim is a threat to profits, so the insurer will seek any possible reason to reject or make a low counteroffer to resolve your claim. Do not put your rights at risk by accepting anything less than what is fair and reasonable to compensate you for your losses. With help from a Miami car accident attorney, you can recover the highest amount of compensation allowed by law – even when the insurance company responds to with any of these excuses.

You Delayed Filing Your Claim: It is true that Florida has a four-year statute of limitations on motor vehicle crashes based upon negligence, but this time period refers to filing a lawsuit in civil court. You should file a claim with the responsible driver’s insurance company as soon as possible after an accident. When you wait, key evidence may be unavailable and your recollection about the collision will become foggy.

July 29, 2019

Mediation in a Miami Personal Injury Case

by Gerson & Schwartz, P.A.

If you were hurt in an accident and have exhausted settlement negotiations with the responsible person’s insurance company, the next step is filing a lawsuit in court. As part of the proceedings, you may be required to engage in a process called mediation, so it is important to understand what to expect. Your Miami personal injury lawyer can explain mediation and will be at your side to ensure the protection of your legal rights. However, some answers to common questions about mediation may provide a helpful overview.

What is Mediation?

In sum, mediation is an informal hearing during which the parties sit down with a mediation professional who attempts to guide them toward compromise in a personal injury case. The mediator is an impartial, neutral party who is specially trained to encourage productive conversations and effective communication. Through these efforts, the parties are often able to resolve differences and come to a mutually acceptable settlement regarding compensation.

July 26, 2019

Florida is #1 in US for Fatal Bicycle Accidents

by Gerson & Schwartz, P.A.

The pleasant South Florida weather means it is possible to head out for a bike ride any time of year, but data reported by the National Highway Traffic Safety Administration are cause for alarm. Key statistics include:

There were 783 bicycle riders killed in the US in 2017. Of these, 125 victims were involved in incidents that occurred in Florida.
In the majority of fatal bicycle accidents, the victim was killed because a driver failed to yield right of way to the bicycle rider.

July 24, 2019

Stop on Red Week in August: Florida Tops the List for Most Dangerous

by Gerson & Schwartz, P.A.

The Florida Department of Transportation (FDOT) hosts various events and initiatives throughout the year to promote safety on the state’s roads, and the upcoming “Stop on Red” Week will highlight the importance of obeying traffic signals. Starting August 4 – 10, 2019, FDOT will be posting helpful articles and tips on social media to remind drivers of the laws intended to prevent fatal and injury-causing accidents.

Stop on Red Week has been successful throughout the US in raising awareness, but there are still drivers who intentionally or carelessly run through red lights. If you were hurt in a red light crash, you should consult with a Florida car accident attorney regarding your rights. You can also read on for an overview of the main points of the red light initiative.

Why Red-Light Runners Create Significant Risks

July 22, 2019

Negligent Security can Lead to Severe Injuries for Florida Victims

by Gerson & Schwartz, P.A.

Chances are that you know what a “slip and fall” accident is, but you may not be familiar with the legal concept behind it. In Florida, these cases are based upon premises liability, which imposes a duty upon property owners to keep their spaces reasonably safe for others. The duty applies to stores, restaurants, apartment buildings, office complexes, theme parks, and many other types of businesses. When those in control of these spaces fail in their legal obligation, a guest or visitor may slip and fall – hence the colloquial term for these claims.

However, there are many other ways a property owner may fail in the duty to maintain safe premises. For instance, the responsible party may not take proper measures to provide security. You can trust a Florida premises liability attorney to provide personalized information regarding your circumstances, but it may help to review some answers to frequently asked questions about negligent security.

What does “negligent security” mean?

July 19, 2019

“Walkable” Miami, FL is Still Hazardous for Pedestrians

by Gerson & Schwartz, P.A.

For anyone who enjoys getting around the city, Miami’s WalkScore of 79 out of 100 points should come as no surprise. The year-round warm climate, spectacular water views, and luxurious beaches offer plenty of reasons to walk and enjoy the outdoors. Plus, the mayor closes major roadways to motor vehicle traffic once a month, allowing pedestrians and bicyclists to take to the streets.

Of course, there can be a downside to foot-based transportation. Pedestrians are at risk of serious injuries when motorists are careless behind the wheel. Fortunately, state law provides you with rights as a victim, and a Florida pedestrian accident lawyer can help protect them. In addition, you may find it useful to review some general information about these cases.

Common Causes of Pedestrian Accidents