Miami Accident Lawyer Blog

May 30, 2014

Increasingly Warm Weather Leads To Higher Risk Of Swimming Accidents

As the weather continues to heat up, many Florida residents are heading to their local pools and beaches to cool off. Although swimming can be a great way to relax on a hot day, it is important that the risks associated with this activity are fully appreciated, and that anyone injured in a swimming accident contact a Miami personal injury attorney immediately.

The risks associated with swimming are especially high for children, especially when they are inadequately supervised or permitted to swim without appropriate safety equipment. According to statistics published by the American Academy of Pediatrics, drowning is the second leading cause of death among children aged one to nineteen, with over a thousand such children drowning every year.

As this blog has discussed on several occasions, premises liability is a legal term that references a property owner’s duty to maintain their premises in a reasonably safe condition. Owners and operators of private pools and breaches are no different, and owe certain duties to guests of their property.

May 20, 2014

Another Florida Pedestrian Killed In Recent Spate Of Motor Vehicle Accidents

by Gerson & Schwartz, P.A.

Earlier this month, thirty-six year-old woman Keythe Perez was struck and killed by a vehicle while crossing Palm Beach Boulevard in Fort Myers, Florida. This unfortunate incident marks the sixth pedestrian that has been killed in Lee County since the beginning of the year, and, even more shocking, the fifth in a little more than a month. Based on those numbers, motor vehicle crashes involving a pedestrian death now account for 37.5% of all traffic fatalities that have occurred in Lee County this year. Our Miami pedestrian accident attorneys can help those injured in pedestrian accidents.

In 2011, the city of Fort Myers adopted an ordinance in 2011 reducing the speed limit on all streets to 25 miles-per-hour. However, Palm Beach Boulevard was one of four roadways that was exempted from the measure, which was seen by some as a significant issue given the high volume of pedestrian and bicycle traffic on that road. The incident involving Keythe Perez gives some credence to these concerns and raises questions regarding the safety of pedestrians and bicyclists in an environment of ever-increasing motorists.

In November of last year, the National Highway Traffic Safety Administration (“NHTSA”) published a press release in which it discussed findings related to U.S. highway traffic accidents in 2011 and 2012. According to the release, highway traffic fatalities jumped more than three percent (3.3%) from 32,479 in 2011 to 33,561 in 2012, with nearly three-quarters (72%) of the increase involving motorcyclists and pedestrians. At the time of the study, the NHTSA estimated that fatalities for the first half of 2013 would be lower than those that occurred during the same time period in 2012, but that pedestrian fatalities would increase for the third straight year by 6.4% over 2011.

April 21, 2014

Florida Federal Court Decision Discusses Insurer’s Attempt To Avoid Extending Uninsured/Underinsured Motorist Coverage

by Gerson & Schwartz, P.A.

Earlier this year, the U.S. District Court for the Southern District of Florida issued a decision in the case of Arnold v. Wausau Underwriters Insurance Company, discussing a circumstance under which an insurance company attempted to avoid extending uninsured/underinsured motorist coverage based upon some dubious paperwork. Our Miami car accident lawyers have extensive knowledge on this topic.

In the Arnold case, the plaintiff, Timothy Arnold filed a claim with Wausau Underwriters Insurance Company, for uninsured motorist coverage after Arnold was involved in a car accident while working for his employer, RJA. At the time of the accident, RJA held an insurance policy with Wausau, however, a dispute arose as to the terms of that policy.

Specifically, Arnold claimed that the policy provided $1 million in uninsured/underinsured motorist coverage. Wausau, on the other hand, contended that RJA had agreed to modify the policy two months after it was executed, and executed a form declining all Florida uninsured/underinsured motorist coverage. Based on the alleged modification, Wausau denied Arnold uninsured/underinsured motorist coverage for the accident.

Arnold sued Wausau in federal court, alleging that Wausau had breached its contract with RJA by failing to extend coverage for Arnold’s accident. Both Arnold and Wausau moved the District Court to grant judgment in their favor prior to trial. The Court denied both parties’ motions and ordered the case proceed to trial.

April 8, 2014

Federal Trucking Agency Launches Program To Hold Carriers Responsible For Safety Violations

by Gerson & Schwartz, P.A.

Last month, this blog discussed the newly-passed Federal Motor Carrier Safety Administration hours-of-service (“HOS”) safety requirements for commercial truck drivers, limiting the number of hours a truck driver is permitted to operate his or her vehicle during any given period of time. Since then, our Miami truck accident lawyers have been keeping an eye out for new developments related to this issue.

Last year, the FMCSA, launched the Compliance, Safety, Accountability Program (“Program”) which scores the safety of trucking carriers and is designed to increase accountability for carriers that continually violate safety regulations. Carriers that receive poor safety scores under the Program often suffer negative consequences such as loss of business from customers that don’t want to work with a carrier that has a poor safety record, greater insurance rates, and additional scrutiny from law enforcement and inspectors.

Although the Program appears, on its face, to be a step in the right direction towards increasing trucking safety standards, recent reports by not one, but two, government agencies have concluded that the Program may suffer from some problems affecting its accuracy. Both the Department of Transportation’s Office of the Inspector General (“OIG”) and the Government Accountability Office (“GAO”) have issued results of their audits of the Program, concluding that it suffers from several problems stemming from poor data quality.

March 24, 2014

Brutal Hit-And-Run Accident Emphasizes Need For Tougher Penalties, Says Car Accident Attorneys

by Gerson & Schwartz, P.A.

Late last year, our Miami bicycle accident attorneys kept a close watch on the development of new legislation, entitled the “Aaron Cohen Life Protection Act,” that, if passed, would increase the minimum jail sentences for leaving the scene of a motor vehicle accident. Specifically, the measure would allow prison sentences of up to three years for an accident resulting in injury, seven years for serious bodily injury, and ten years for a hit-and-run resulting in death.

A recent brutal hit and run accident in Fort Lauderdale, Florida has emphasized the continuing need for such harsher penalties. In December, motorist Axel Inostroza, struck 53-year-old bicyclist Craig Camlin near the 5200 block of Northeast 18th Avenue in Fort Lauderdale. The force of collision caused Camlin to become wedged on the rear window of the vehicle, as Inostroza drove on for two more miles. Eventually, Inostroza dumped Camlin’s body behind a trash bin near his home in Pompano Beach.

Several hours after the accident, a landscaping crew discovered Camlin, who was rushed to a local hospital and listed in critical condition with a broken spine and other injuries. As for Inostroza, he took his car to a local body shop and then went home to take a nap. Inostroza later admitted to investigators to his involvement in the crash and confessed that he had been drinking before the accident.

March 11, 2014

Study Finds That New Driving Regulations On Truckers Will Prevents Thousands Of Crashes

by Gerson & Schwartz, P.A.

In June, this blog discussed newly-passed regulations from the U.S. Department of Transportation’s Federal Motor Carrier Safety Administration (“FMCSA”) revising the hours-of-service (“HOS”) safety requirements for commercial truck drivers. HOS regulations limit the number of hours a truck driver is permitted to operate his or her vehicle during any given period of time. Since then, our Miami personal injury attorneys have been keeping an eye out for new developments related to this issue.

The new HOS requirements became effective on July 1, 2013, and are designed to reduce the number of accidents caused by driver fatigue and act as a cost-cutting measure due to fewer truck crashes and improved driver health. Some of the new regulations:

Cut the maximum number of hours a trucker can drive in a given week from 82 down to 70.

February 25, 2014

Florida Federal Court Decision Discusses Basis For Bad Faith Claims Against Insurers

by Gerson & Schwartz, P.A.

Last month, our Miami personal injury attorneys saw that the U.S. District Court for the Middle District of Florida issued a decision in the case of Cabrera v. MGA, discussing legal and factual basis upon which an insured can establish a claim against his or her insurer for a claim of bad faith.

A claim that an insurance company acted in “bad faith” is based upon the legal premise that an insurance policy constitutes a contract between the insured and insurance company, which includes an implied covenant of good faith and fair dealing. This means that the insurer must deal with the insured party honestly, fairly, and in good faith, to ensure that the insured receives the benefits of the contract to which he or she is legally entitled.

An insurance is considered to have acted in “bad faith” when it unreasonably withholds the benefits of the policy from the insured. The most common ways in which insurance companies act in bad faith are: intentionally delaying payment on a claim; denying benefits to a claim without reason; failing to investigate a claim; refusing to settle a claim; and/or refusing to fully compensate an insured for his or her losses.

February 11, 2014

Florida Supreme Court Reinstates Personal Injury Award In Bizarre Premises Liability Case

by Gerson & Schwartz, P.A.

Recently, our Miami personal injury attorneys read a case in which the Florida Supreme Court issued a decision in Friedrich v. Fetterman & Associates, PA, reinstating a jury verdict for a plaintiff injured in a law office chair while visiting a law firm to consult about an unrelated personal injury claim.

In Friedrich, the plaintiff, Robert Friedrich, was injured in a 2010 car accident. Following the accident, Friedrich visited the offices of the defendant law firm for a consultation about his personal injury claim. While meeting with one of the firm’s attorneys, the office chair in which Friedrich was sitting collapsed, causing him to fall and strike his head. Following the incident, Friedrich’s medical problems from the automobile accident worsened, and he ended up having surgery.

Friedrich file a law suit against the law firm he consulted. In his suit, he claimed the law firm had been negligent in failing to inspect the chair, or warn him of the dangerous condition posed by the office chair. At trial, Friedrich presented an expert to testify that the firm should have performed a “hands-on inspection” of its chairs every six months. The expert claimed that such an inspection would have revealed the defect which caused the chair to collapse. Fetterman’s expert testified that the best inspection or test for a chair is for someone to sit on it, and that any inspection, including a flex test, would not have revealed the defect.

January 27, 2014

Florida Federal Court Decision Explains “Stacking” Of Insurance Policies

by Gerson & Schwartz, P.A.

Last fall, the U.S. District Court for the Northern District of Florida issued a decision in the case of Brannan v. Geico that discussing the issue of “stacking” limits in auto insurance policies and how such provisions can limit an insured’s recovery in the he or she is injured in a motor vehicle accident. Our Miami car accident lawyers have extensive knowledge on this topic.

“Stacking” insurance is a way in which an insured can increase the payment limits of his or her auto insurance by combining the underinsured and uninsured injury coverage for multiple vehicles. For example, if a motorist had $50,000 underinsured/$100,000 uninsured coverage on two vehicles, the stacked coverage for both cars would be $100,000/$200,000.

In the event the motorist was involved in an accident with an underinsured/uninsured driver, he or she could receive compensation up to the stacked policy limits of $100,000/$200,000. Stacked insurance coverage generally costs significantly more than non-stacked coverage, sometimes even more than twice as much.

January 13, 2014

Florida Car Accident Deaths & Recoverable Damages

by Gerson & Schwartz, P.A.

Tragedy struck in North Miami Beach late last month, as a fiery crash claimed the lives of several residents, including a 6-year old girl. According to a CBS Local report, three family members (including the girl and her father) were riding southbound on Okeechobee Road when another vehicle came toward them in the opposite direction. Local authorities report that the vehicle going north was speeding, and the driver eventually lost control. The car careered across the median and hit the family’s vehicle head on. All four people involved in the accident were killed. Our Miami car accident attorneys are prepared to assist the loved ones of anyone that may find themselves in a similar situation.

Damages in Florida Lawsuits: Compensatory or Exemplary

Following tragic Miami car accidents like this one, it is common for civil lawsuits to be filed. These suits seek to hold wrongdoers accountable for the consequences of their actions. In most cases, insurance companies are involved. Miami car accident attorneys often work on behalf of those hurt in their negotiations with those insurance companies, potentially taking the case all the way to a trial if necessary.