Miami Accident Lawyer Blog

September 2, 2015

Injured as a Passenger in a Car Wreck? Understand Your Rights

You are in the front passenger seat of your friend’s vehicle. They are driving down Coral Way in Miami, Florida when another driver t-bones the vehicle. You suffer serious injuries including whiplash, a bulging disc in your L4/L5 region, and a sprained wrist. As a passenger, should you file a claim against the other driver or your friend’s policy? Our team of Miami car accident lawyers deal with this type of scenario on a regular basis.

When Another Driver Caused the Wreck

If another driver caused the accident (like the t-bone example above), you should pursue legal action against the at-fault driver. This would mean that you need to get the insurance information of the at-fault driver, either from the police who investigated the accident or possibly through your friend, if they exchanged insurance information with the at-fault driver at the scene of the collision.

August 25, 2015

What to Do in an Accident with a Rental Car

by Gerson & Schwartz, P.A.

You just arrived in Miami and are ready to enjoy some of the city’s amazing amenities. You are traveling down Coral Way when a careless driver t-bones your rental vehicle. Our team of experienced Miami car accident attorneys deal with this type of scenario on a regular basis. The following is a checklist of what to do and what not to do if you or a loved one are involved in an accident with a rented car in Miami.

First, it is important to know that Florida is a no fault state, meaning the drivers involved in a car accident are supposed to seek coverage from their respective insurance companies irrespective of fault. An owner of a Miami rental car is entitled to a maximum of $10,000 in Personal Injury Protection (PIP) benefits and $10,000 per accident in property damage coverage. The PIP coverage includes medical expenditure and lost wages and is applicable irrespective of whether you happen to be a tourist in Miami or a full-time resident of the state. However, while this sum may be sufficient to remunerate the rental auto organization, more often than not, car accident injuries result in long-term financial and personal losses that enormously surpass this inconsequential amount of money.

Rental car coverage in Miami is done mainly through four different ways, including:

August 18, 2015

Make Sure You are Covered in the Event of a Hit and Run Accident

by Gerson & Schwartz, P.A.

Accidents can happen anywhere and anytime, without any fault of yours or without any prior warning whatsoever. For example, an incident took place in front of Bayside Marketplace on the night of July 30, 2015. According to Miami police, a man was attempting to cross Biscayne Boulevard at Northeast Fourth Street when he was struck by a taxi. In a classic case of hit and run, the cab took off without stopping to check on the victim, who was left lying injured on the road. Police later recognized the taxi as Yellow Cab #532, with tag ACU E95. Security patrol recordings showed that, after hitting the man, the taxi continued to speed northwards. The cab was eventually discovered abandoned at 119th Street and Biscayne Boulevard.

Our team of Miami car accident lawyers are outraged by this heinous, reckless, and complete disregard for human life. If the driver of the cab is apprehended, there is probably a foundation to pursue punitive damages.

How to Protect Yourself

August 14, 2015

Pursuing Restitution After a North Miami Hit-and-Run Accident

by Gerson & Schwartz, P.A.

Two people reportedly crashed into a bus bench in North Miami on 125th Street near Northeast 12th Avenue, according to wsvn.com. Four people, including an 11-year-old girl, suffered serious injuries and had to be transported to the hospital. The drivers who caused this terrible incident took off running and were not apprehended. Our team of Miami car accident attorneys are always troubled when we read about these awful, preventable incidents.

Miami-Dade Fire Rescue and North Miami Police responded to the scene of the collision and were told that two young men got out of the car and started running south down Northeast 11th Place towards the train tracks. Despite their evasion, the car involved in the incident was not totally destroyed and was towed away. This means, if the license plate is intact, North Miami Police should be able to track down who owns the vehicle.

What an Injured Person Can Do in This Situation

August 12, 2015

Three Ways You Can Ruin Your Personal Injury Claim

by Gerson & Schwartz, P.A.

As experienced Miami personal injury attorneys, we have handled dozens of serious personal injury cases including car accidents, truck accidents, cruise ship injuries, and accidents resulting in wrongful death. Unfortunately, not every case is resolved favourably for our clients and some clients have weakened their cases with self-inflicted wounds. Below are some preventable mistakes that can torpedo your personal injury claim.

Failing to Get Medical Treatment

A major mistake one can make is ignoring an injury and not going to the doctor. If the nature of the injury seems minor or the true nature of the injury is not readily visible, some people choose to “tough it out” and not seek immediate medical attention. This gives the insurance company the basis to argue that you were not really hurt that badly and that you only eventually got treatment so you could sue the negligent party. Don’t give the insurance company this ammunition. After a serious accident, go to the hospital or visit your primary care physician. It is better to be safe than sorry.

August 3, 2015

How Negligent Security Can Form the Basis for a Personal Injury Case

by Gerson & Schwartz, P.A.

You are walking to your car from the shopping mall in your neighborhood. You are attacked by an individual, despite the presence of security cameras surrounding the mall and the presence of a security officer supposedly patrolling the mall’s exterior. Is the mall or security company liable for your injuries? Answer: possibly yes. If you or a loved one was injured in an area that claims to be monitored by security cameras and security guards, you should speak to an experienced personal injury lawyer in Miami to discuss your legal options.

Negligent Security

Negligent security can occur in various places and in various forms. Some of the settings where negligent security occurs include shopping malls, night clubs, apartment complexes, hospitals, gyms, stadiums, amusement parks, swimming pools, airports, and even schools. The incidents resulting in injuries may include robbery, assault and battery, firearm injuries, or even rape.

July 28, 2015

Understanding Comparative Negligence for Your Miami Auto Accident Case

by Gerson & Schwartz, P.A.

When someone gets involved in an auto accident and suffers an injury, whether in Fort Lauderdale, Broward County, or any other area of Florida, they usually want the driver that hit them to be held responsible and cover their medical bills, lost wages, and other damages. However, you need to be aware of a legal doctrine known as comparative negligence. As Miami personal injury attorneys, we deal with this doctrine on a daily basis.

Understanding Comparative Negligence

If you partially contributed to the cause of the accident that resulted in your harm, a judge or jury can take that into consideration and compare the negligence of both parties. This comparison can result in a reduction in the amount of damages the other party has to pay, based on a determination of comparative negligence. For example, let’s say you are a pedestrian hit by a driver, but the evidence indicates that you were walking across the street in an area not designated for pedestrians. A judge or jury, applying comparative negligence, could determine that both you and the driver were negligent and apportion damages accordingly. They could, for example, determine that the driver was 75 percent negligent and you were 25 percent negligent and reduce any monetary damages award by 25 percent.

July 20, 2015

Why You Should Hire a Miami Motorcycle Accident Injury Lawyer

by Gerson & Schwartz, P.A.

The Center for Urban Transportation Research (CUTR) and University of South Florida report that motorcycle accident injuries have increased by 50 percent and motorcycle fatalities have increased by almost 90 percent during the past decade. During the same period, traffic fatalities have reduced by 20 percent and traffic injuries have reduced by 10 percent. Why such a disparity? Well, the fact is that when a motorcyclist is involved in a serious accident, he or she usually takes the brunt of the damage and suffers potentially life-threatening injuries. A seriously injured motor bike rider should strongly consider hiring a Miami motorcycle accident injury lawyer to possibly pursue a claim on his or her behalf.

Studies conducted by the U.S. National Highway Traffic Safety Administration (NHTSA) showed that motorcycle riders have a have a higher fatality rate per unit of distance travelled as compared to four-wheeler automobiles, often as high as 35 times more than a passenger car. Yes, you read that correctly. If you or a loved one is operating a motorcycle, you are 35 times more likely to lose your life in an accident. This is mainly due to the fact that the operator of a motorcycle is largely exposed apart from his helmet-covered head, and naturally is at a much greater risk of severe injury upon collision with a larger vehicle, which is more than hundred times heavier than his own mass. Moreover, in maximum cases the car collides with the motorcycle in a head-on collision while taking a turn or cutting through an intersection, and results in immediate death.

If you or a loved one is the victim of a motorcycle crash caused by the carelessness of another driver, consider speaking to a Miami personal injury attorney with experience handling motorcycle accident cases.

July 16, 2015

Crosswalk Accidents – Who Has the Right of Way?

by Gerson & Schwartz, P.A.

Florida ranks consistently as one of the worst states in terms of pedestrian safety. According to 2012 data published by the National Highway Traffic Safety Administration, pedestrian fatalities were highest in California (612), followed by Texas (478) and Florida (476). If you or a loved one was hit by a vehicle while in a crosswalk, you should consider speaking to an experienced Miami personal injury attorney to determine whether you have the legal grounds to pursue a civil claim.

Understanding Crosswalk Laws in Florida

Crosswalk laws in Florida are codified in the Florida Statutes Section 316.130 and discuss in detail the rights of a pedestrian while walking on a crosswalk. Pedestrian is defined as “anyone on foot,” provided there is some kind of movement associated with them. Persons on wheelchairs or roller-skates can also be considered pedestrians. However, cyclists are NOT considered pedestrians since they are operating a mode of transportation.

July 14, 2015

Understanding the Statute of Limitations for a Miami Personal Injury Case

by Gerson & Schwartz, P.A.

You are driving down Coral Way in Miami and another vehicle t-bones your car. You smack your head against the driver’s side window and the airbags deploy. You have suffered serious injuries and will likely need significant treatment. When should you hire a Miami personal injury lawyer?

Answer: sooner rather than later. Why? Because of the statute of limitations.

The statute of limitations is a finite period of time which has been fixed by law. It is the window of time that a plaintiff (i.e. the injured party) must file a claim in order to be heard in a court of law. In other words, if a suit is filed after the statute of limitations expires, the case is likely to be dismissed irrespective of the seriousness of the injury or the amount of compensation claimed. Statute of limitations apply to virtually all civil cases, including personal injury cases.