Miami Accident Lawyer Blog

June 24, 2022

Four Things to Know About Turo Accidents in Miami

You know how popular the crowd-sharing business model is for people seeking accommodations, ride-hailing, e-scooter and bicycle sharing, and other services, so it should come as no surprise that the trend has hit the Miami rental car market. The leader in the field, Turo, was actually founded in 2009, so car sharing has actually been around for some time. For both renters and hosts, the tourism industry in South Florida is ideal. It is possible to get a good deal on the perfect car, truck, or van that suits your needs. Vehicle owners can supplement their income and make use of the extra cash.

However, just as legal issues emerged from other crowd-sharing services, there can be complications with renting through Turo if you are in a collision. There are multiple factors that can impact your rights, so it is smart to work with a Miami car sharing accidents lawyer who can assist with the process. Some information about liability, insurance, and other key topics in Turo crashes may also be useful.

Your Rights When Renting Through Turo

May 15, 2022

Where Do I File an Insurance Claim Under Florida’s No-Fault Car Accident Law?

by Gerson & Schwartz, P.A.

The Florida Department of Highway Safety and Motor Vehicles (FLHSMV) has established certain auto insurance coverage requirements for motorists, just like equivalent government agencies have done in every other US state. However, the laws provide a key difference that has a huge impact on the claims process after a car accident — no-fault liability. Just as the term suggests, this means you do not have to prove that the other driver caused the crash.

Through application of Florida’s no-fault auto insurance laws, the short answer to the question is: You file an insurance claim with your own insurer to obtain compensation for your losses after an auto collision. However, there are many additional details to know, especially since this first option is not the only one. By retaining a Miami car accident lawyer, you can take advantage of all legal remedies, which may mean higher monetary damages. An overview explains the basics.

Additional Details on Florida’s No-Fault Law

April 15, 2022

False-Positive Cancer Misdiagnosis: Extreme Risks of Care You Did NOT Need

by Gerson & Schwartz, P.A.

The very notion of cancer instills fear, uncertainty, and anxiety, so it is horrific to think about how often Florida health care providers commit serious diagnostic errors related to this disease. According to the National Institutes of Health (NIH), a missed cancer diagnosis represents around 46 percent of all mistakes in ambulatory care. The most common to be misdiagnosed include lung, colorectal, prostate, and breast cancers, so it is upsetting when a patient loses precious time that could have been dedicated to treating the disease.

However, not many people realize the implications with the other extreme: A Florida health care provider issues a false-positive cancer diagnosis. Learning that you do NOT have cancer might seem like a relief, until you realize what you went through physically, financially, and emotionally. Though you should count on a Miami diagnostic errors lawyer for details, an overview of the consequences of a false-positive cancer misdiagnosis is useful

Harsh Cancer Treatment

March 20, 2022

Tips to Protect Your Rights After a Florida Drugged Driving Crash

by Gerson & Schwartz, P.A.

Regardless of the decriminalization and legalization of pot in states across the US, NO jurisdiction has made it OK to drive while under the influence of marijuana. Unfortunately, statistics from the Florida Department of Highway Safety and Motor Vehicles (FLHSMV) reveal that a ban on drugged driving has not deterred motorists from getting behind the wheel while high. There are more than 100 crashes linked to drug and drug/alcohol use every year, leading to almost 50 fatalities and 100 injuries to victims.

Just like DUI, drugged driving is against the law because of the implications on a motorist’s ability to safely operate a vehicle. However, there are key differences with these cases when pursuing an at-fault driver for compensation. One of the most critical is the possible lack of evidence: Whereas you might have proof of BAC via a breathalyzer for a DUI collision, no at-the-scene tests exist to show drug consumption. You can rely on a Miami drugged driving accidents attorney to develop a strategy, but some tips are useful in overcoming this challenge.

What to Do After a Drugged Driving Crash

February 26, 2022

Swept Away: Hurricane Insurance Claims in Florida

by Gerson & Schwartz, P.A.

For better or worse, Florida has always had hurricanes. It is considered second nature to take steps to protect your property and your life, most often with insurance policies. However, sometimes the insurance company will not pay, or will not pay enough. After a hurricane, the last thing you need is an insurance dispute. If your insurer decides to dig in its heels, you need a Miami hurricane insurance lawyer on your side to help you fight for what you are owed.

An insurance policy is a contract. An insurance company that does not honor the terms of that contract is in breach. The term used for when an insurance company breaches the terms of their own policy is ‘bad faith,’ and more specifically, ‘first party bad faith.’ Florida codifies the law on first party bad faith issues in section 624.155 of the Florida Statutes; while other states recognize a common law cause of action for a breach of the “duty of good faith and fair dealing,” Florida residents must follow the steps in the statute.

The statutory standard is laid out in the jury instructions given at the close of a civil trial. An insured has a valid claim of bad faith when an insurance company fails to settle a claim, when, if it had been acting in a fair and honest manner, it ought to have settled. This is the standard that must be proven in court.

January 28, 2022

The Consequences of Distracted Driving in Florida

by Gerson & Schwartz, P.A.

Distracted driving is very dangerous and leads to numerous preventable accidents and deaths in Florida each year. In 2019, distracted driving resulted in 3,142 deaths nationwide. If you have been injured in Miami due to the negligence of a distracted driver, you may be able to pursue compensation for your losses. An experienced distracted driving accident attorney in Miami can help.

What is Distracted Driving?

Distracted driving is defined as engaging in any activity while driving that would take your attention away from operating your vehicle. It only takes one second to get into a major accident when you allow yourself to get distracted while driving. There are three major types of driver distractions, which are:

December 30, 2021

Your Child Was Injured on a School Field Trip in Miami: What Now?

by Gerson & Schwartz, P.A.

Field trips were a highlight of the school year when you were a kid, and many parents will remember their experiences fondly as they prepare to send their own children out on a learning-based excursion. The Florida Department of Education posted a publication on fun field trips, describing the high points at Zoo Miami, the Miami Children’s Museum, Amelia Earhart Pak, and many other South Florida attractions. However, there are certain risk factors involved with school field trips. A large group of children in a non-classroom setting, reliance on volunteers, and inherent dangers with certain outings increase the potential for accidents.

Learning that your child was hurt is overwhelming for a parent, leaving you bewildered about your rights and what to do next. Your first move should be contacting a Miami child injuries lawyer for legal help, but there are few tips that will help you get through the aftermath of a school field trip accident.

Seek Medical Care

November 30, 2021

PortMiami Reports Busiest Cargo Year in History: How Will Increased Traffic Impact Maritime Injuries?

by Gerson & Schwartz, P.A.

Despite ongoing supply chain issues and traffic disruptions due to COVID-19, Miami-Dade officials recently announced that PortMiami experienced its busiest cargo year in history for Fiscal Year 2021. A November press releasee pointed out that more than 1.25 million standard container units flowed through South Florida’s largest port from October 1, 2020 to September 30, 2021, representing a 17.6% increase over the previous year. Port officials were able to accomplish this feat without delays or vessel congestion, even with the added challenge of the PortMiami being the busiest in the world for passenger travel.

Of course, with this increase in port activity and potential for additional spikes, there is an associated rise in maritime accidents. Cargo ship crew, dock workers, crane operators, and other longshoremen are exposed to innumerable hazards in this environment, and working around water is just the tip of the iceberg. A Miami maritime injuries attorney can assist with the legal process if you were hurt, but a look at the types of trauma and overview of relevant laws may be helpful.

Common Injuries in the Maritime Work Environment

October 30, 2021

Safety Tips if You Encounter a Wrong Way Driver in Miami

by Gerson & Schwartz, P.A.

Like most South Florida motorists, you will probably experience a strong sense of panic if you see two headlights bearing down upon you in the same lane of traffic. This scenario is thankfully quite rare, but statistics from AAA still reveal some disturbing trends on wrong way car accidents. From 2015 to 2018, the number of fatal wrong way auto collisions increased 34% as compared to the time period from 2010 to 2014. In an average year, approximately 500 people are killed in these collisions, while thousands of other victims suffer serious and catastrophic injuries in wrong-way vehicle accidents.

If you were hurt in a crash caused by a motorist traveling in the opposite direction of traffic, it is critical to consult with a Miami car accident attorney about your legal rights and remedies. Plus, you may benefit from some tips to bear in mind for avoiding a wrong-way collision:

What to Do if You Encounter a Wrong Way Driver

August 20, 2021

Disturbing Statistics About Motorcycle Accidents in Miami-Dade County

by Gerson & Schwartz, P.A.

If you assume that motorcycle accidents are among the deadliest of all Florida traffic crashes, the statistics show that you are not far off. According to the Florida Department of Highway Safety and Motor Vehicles (FLHSMV) Crash Dashboard, there are more than 8,000 traffic collisions involving motorcycles every year statewide, leading to around 900 fatalities. Around 50 people are killed in the 500+ motorcycle accidents that occur in Miami-Dade County annually, and hundreds more suffer serious injuries.

Most motorcycle crashes are the result of driver negligence, but you are in a better position to protect yourself as a rider when you know key data and causes of these incidents. You can rely on a Miami motorcycle accidents lawyer to assist with legal remedies if you were hurt, and some additional statistics may be informative.

Motorcycle Crash Data Reveals Shocking Trends