Miami Accident Lawyer Blog

October 28, 2015

Hit-and-Run Accidents

A 27-year-old British man was on vacation in Miami Beach, Florida when his life came to an abrupt and tragic end. The young man was hit by a convertible BMW and died at the scene of the collision. The driver of the car was reportedly operating the vehicle at around 100mph. Immediately after the collision, the at-fault driver got out of the car and fled the scene. Our team of Miami car accident lawyers are outraged by this story. This was such a senseless tragedy and the driver’s decision to leave the scene of the accident only makes the situation worse.

Leaving the Scene of an Accident is Both Morally Wrong and Against the Law

If you hit someone with your car, you have a non-delegable duty to remain at the scene of the accident. It is the right thing to do since the person you hit could have, as exemplified above, life-threatening injuries. Just leaving shows a complete indifference to human life. You also have a legal obligation to remain at the scene. Specifically, Florida Statute § 316.027(2)(a) states:

October 23, 2015

Drinking and Driving Can Be a Deadly Decision

by Gerson & Schwartz, P.A.

Drinking and driving is one of the most irresponsible and reckless decisions an individual can make. The risk of causing a catastrophic collision is so high and the ease of calling a taxi cab or using the Uber app to get a ride home is so easy. Simply put, the risk is not worth the ramifications. Unfortunately, not everyone understands the impact of his or her decisions. A recent example our team of Miami car accident lawyers discovered was the heartbreaking loss of a 10-year-old girl who was killed in an accident caused by an intoxicated driver.

The tragic collision involved a drunk driver who neglected to stop at a stop sign and slammed into the passenger side of a Chevrolet. The 10-year-old girl was sitting in the front passenger seat and died at the scene of the collision.

Drunk Driving Accidents are Preventable

October 16, 2015

In the Blink of an Eye, Everything Can Change

by Gerson & Schwartz, P.A.

A tragic car crash occurred in Miami resulting in the death of one person and serious injuries to seven others. News reports indicate that a vehicle was traveling east on Northwest Seventh Street when a collision occurred at the intersection with 35th Avenue. Two elderly individuals (one of whom passed away later on at the hospital) and six teenagers were involved in this awful wreck. Our team of Miami car accident lawyers are deeply saddened to hear about another preventable car crash in which live were forever changed.

This terrible crash is an example of just how precious life is and the fact that, in the blink of an eye, everything can be turned upside down. Just think, the elderly couple involved in this wreck was simply going about their day. Now, a spouse is dead and the other is left to pick up the pieces.

The six teenagers involved in the crash ranged in age from 17 to 19. Two of the teenagers had to be transported to Jackson Trauma Center due to the severity of their injuries. The students just finished with class at Green Springs High School when the crash occurred, according to 7 News.

October 12, 2015

Miami Wrongful Death Claims: Understanding Your Rights

by Gerson & Schwartz, P.A.

Two teenagers from Lakewood Ranch, Florida tragically died after an accident that left their vehicle split in half. One of the teenagers, a 17-year-old boy, was operating a Mercedes when he failed to negotiate a curve and crashed into a tree in the median, according to CBS Miami.

Both the driver and his 15-year-old passenger died as a result of the crash. Our Miami car accident injury attorneys are deeply saddened by this news. Losing anyone in a preventable car accident is a tragedy, but it is especially gut-wrenching when those taken from us are so young.

Florida Highway Patrol officials suspect speed may have played a role in the crash, but continue to investigate. If it turns out that speed was a contributing factor, the family of the 15-year-old passenger may have a basis to pursue a wrongful death claim. This is a claim based upon a state law known as the Florida Wrongful Death Act.

October 9, 2015

Leaving the Scene of a Miami Car Accident

by Gerson & Schwartz, P.A.

Fleeing the scene of a car accident is totally unacceptable and is against the law in Florida. Our team of Miami car accident lawyers takes this issue seriously since a hit-and-run accident has ramifications long after the collision.

The consequences of leaving the scene of a car wreck are quite serious. Take, for example, what recently happened to former TV star David Cassidy. He is facing up to a year in prison after the actor-singer was cited for fleeing the scene of an auto accident in Fort Lauderdale, according to Miami.com.

According to Florida Highway Patrol records, Cassidy was traveling on I-595 “at a high rate of speed” and “in and out of traffic.” The front of Cassidy’s passenger side collided with the back of a box truck. After the collision, Cassidy immediately fled the scene hoping to avoid any negative repercussions. Fortunately, a witness saw the crash and provided state troopers with a picture of the license plate.

October 2, 2015

Construction Accidents – Understanding Your Rights

by Gerson & Schwartz, P.A.

Construction sites can be extremely dangerous, especially for the workers who are operating in and around the sites on a daily basis. With numerous contractors and sub-contractors at the site, there may be a number of different tasks taking place. Unfortunately, our team of Miami construction accident injury lawyers commonly discover that not all work tasks were being done in accordance with safety standards and protocols at the job site.

Injured on the Job – How to Get Compensated

Injured construction workers are entitled to apply for worker’s compensation insurance. Basically, worker’s comp allows you to receive financial benefits for your lost income while you are disabled and incapable of returning to work, along with reimbursement for medical expenses. In some cases, depending on the severity of the injury, you could be eligible to pursue lifetime permanent disability payments and/or a lump sum settlement.

September 30, 2015

Why You Need a Miami Truck Accident Lawyer

by Gerson & Schwartz, P.A.

You are driving along I-395 in Miami when, out of nowhere, a huge 18-wheeler side swipes your vehicle causing you to veer off the road and crash into a tree. Your vehicle is totaled and you suffer serious, debilitating injuries including multiple broken bones, a lacerated spleen, and a spinal cord injury. In these types of situations, you need an experienced Miami truck accident lawyer.

Trucking Companies Employ Teams of Adjusters and Defense Lawyers

Some people think that if an accident occurs involving a tractor trailer, they can handle filing a claim themselves with the company and do not need to retain a truck accident injury attorney. This is a big mistake. Many trucking companies have teams and departments focused on reducing the company’s liability exposure and mitigating the value of any claims made against the company. In fact, if a major truck accident occurs, do not be surprised if the truck company sends out investigators and claims adjusters to examine the scene shortly after the incident occurs. This is because they want to examine the available evidence before your lawyer gets a chance to.

September 22, 2015

Understanding Punitive Damages and How They Apply in Florida Personal Injury Cases

by Gerson & Schwartz, P.A.

In most personal injury cases such as car accident injuries, truck accident injuries, and motorcycle accident injuries, the damages that are pursued by your Miami personal injury lawyer include restitution for medical bills, lost wages, and pain and suffering. However, there is another category of damages that goes beyond simply serving as a compensatory mechanism for the injured party. There is a special category of damages available that helps to make the injured party “whole” again and may be awarded to punish the at-fault party for their reckless and wanton conduct. This category of damages is known as punitive damages.

In Florida, punitive damages are also referred to as “exemplary damages.” As mentioned, these damages go beyond what is actually necessary to compensate you. They are meant to penalize the at-fault party if they committed gross negligence or caused intentional harm. They are awarded as a way to send a signal to the community at large that similar behavior will not be tolerated.

Punitive Damages Example

September 17, 2015

Drunk Drivers Remain a Menace on Florida Roads

by Gerson & Schwartz, P.A.

Nearly 30 percent of deadly car wrecks in Florida are attributable to drunk drivers. That percentage translates to nearly 700 car crash deaths caused by drunk driving in the state of Florida. To our team of Miami car accident lawyers, that is 700 deaths too many.

Statistics from Mothers Against Drunk Driving reveals that someone is seriously injured by a drunk driver almost every 90 seconds and an average of 28 people die as a result of drunk driving accidents.

How Florida Punishes Drunk Drivers

September 15, 2015

Distracted Driving Can Lead to Deadly Accidents

by Gerson & Schwartz, P.A.

You have probably seen it time and again – a driver on a busy road or highway looking down at his or her phone or staring intently at a GPS device instead of focusing on the road. The clarion calls to not text and drive appear to fall on deaf ears. In 2013, over 3,000 people were killed in car wrecks involving a distracted driver. In addition, over 420,000 people suffered serious injuries in distracted driving-related accidents, according to distraction.gov. Our team of Miami car accident lawyers find these statistics to be quite troubling.

On a bright note, some companies are taking action to combat distracted driving. For example, AT&T created advertisements for the “It Can Wait” campaign. Also, AAA released videos taken of distracted drivers causing serious wrecks.

Here is some shocking data – sending or receiving a text takes a driver’s eyes off the road for an average of 4.6 seconds. If you are traveling at a speed of 55 miles per hour, that is the equivalent of driving the length of an entire football field with your eyes closed, according to CBS Miami. When you text and drive you are 23 times more likely to be in a car crash.