Miami Accident Lawyer Blog

December 30, 2020

Will a New Florida Law Decrease the Potential for School Bus Accidents?

Floridians always ring in a new year with a wealth of new laws to go into effect on January 1, and 2021 is no different. One piece of legislation should be of particular interest to parents who trust their school bus system to transport children to and from classes. According to ABC affiliate WTXL News Channel 27, officials are cracking down on motorists who choose to illegally pass a school bus that is stopped. The School Bus Safety Act increases the penalties for these offenders with a goal to discourage the types of misconduct that put children at risk of serious bus accidents. The fines double to $200 for drivers who pass a bus with red flashing lights and stop-arm extended; subsequent offenses within five years could lead to a driver’s license suspension.

Proponents of the law are hopeful that it will reduce Miami school bus accidents and keep children safe, but there are concerns that it does not go far enough. Plus, these incidents can be caused by many other careless acts. As a parent, the following information should be helpful.

Risks When Motorists Illegally Pass School Buses

December 25, 2020

How Florida Insurance Laws Affect Miami Motorcycle Accidents

by Gerson & Schwartz, P.A.

Even if you do not have a legal background, you certainly know the basics of Florida auto insurance laws from reviewing your responsibilities to procure coverage according to law. The Florida Department of Highway Safety and Motor Vehicles (FLHSMV) requires all four-wheeled vehicles to carry $10,000 in Personal Injury Protection (PIP) and $10,000 for property damage. Because the state goes by “no fault” rules for auto accidents, there is no requirement to carry the bodily injury coverage that is mandatory in other US states. Florida drivers can seek compensation through their own insurers under their PIP policy after a crash.

However, motorcycle riders should pay special note to the keywords “four-wheeled vehicles.” Insurance works very differently for your two-wheeled motorcycle, so you should be aware of how this point affects your rights after a collision. The complexities can be overwhelming, so it is wise to trust a Miami motorcycle accident lawyer to handle the legal process. Some background information may also be helpful.

Overview of Florida Insurance Laws for Motorcycles

December 11, 2020

Product Recalls to Watch for When Christmas Shopping in Miami

by Gerson & Schwartz, P.A.

The US Consumer Product Safety Commission (CPSC) announces recalls of dangerous or defective products throughout the year, but its reports are especially important around the holiday season. This time of year, the stores are packed with shoppers and people are going online to search for the perfect gift for loved ones. The last thing you want is for a hazardous product to cause injuries to yourself or the recipient, but this is exactly what could happen when manufacturers and other entities in the supply chain do not take measures to ensure their products are safe.

While you should always trust a Miami product liability attorney to handle the legal tasks if you were hurt, check out some of the recent product recalls before going holiday shopping this year.

Children’s Products and Toys

December 4, 2020

Florida Law Provides Options for Children When Parents are Injured

by Gerson & Schwartz, P.A.

If you were hurt in an accident of any kind, your focus will be on recovery and getting back to life as you know it as soon as possible. Depending on the severity of your injuries, you may sustain significant losses as you incur medical bills, lose income from missing work, and endure considerable pain and suffering. It is a relief to know that Florida law protects your interests by providing you with legal remedies to obtain compensation for these losses, especially if your recovery is long-term or you are permanently disabled.

However, there is one implication of an injury-causing accident that you might not have factored in — the consequences for your children. In many ways, they suffer along with you when you are unable to take an active role as a parent. Fortunately, Florida law also protects children in such a situation, and a Miami personal injury lawyer can explain in more detail. A summary of the relevant laws may help you understand the basics.

Overview of Florida’s Parent-Child Liability Law

November 27, 2020

Bunk Beds Sold by Major Retailers Recalled After Collapses, Reported Injuries

by Gerson & Schwartz, P.A.

The last place you should worry about suffering injury is when you are lying in bed and relaxing, but the experience was quite the opposite for several victims who were hurt while sleeping in defective beds. A November 15, 2020 article in the Miami Herald outlined the details of a recent recall jointly announced by the US Consumer Product Safety Commission and manufacturer Zinus. The recall covers 26,000 metal bunk beds that were not welded together properly, causing the upper bed to collapse. There have been 13 accidents reported involving the defective products, and victims have suffered serious injuries when falling or being crushed by the upper bunk.

If you were hurt by any type of product, it is essential to speak to a Miami products liability lawyer about your circumstances. You may have options regardless of a recall, but you should understand the basics about your rights when a product is withdrawn because of serious defects.

Common Recalls of Household Goods

November 25, 2020

List of Recalled Drugs Linked to NDMA Contamination

by Gerson & Schwartz, P.A.

If you take certain medications for high blood pressure, heartburn, ulcers, and related medical conditions, you may be aware of multiple product recalls announced during 2019 and continuing throughout 2020. The US Food and Drug Administration (FDA) outlines the risks involved with these prescription and over-the-counter drugs, which may contain unsafe amounts of N-Nitrosodimethylamine (NDMA) – a substance recognized by US officials and international medical groups as having the potential to cause cancer.

While the NDMA contamination may seem like a typical dangerous drug case, there are several factors that make these matters complicated. You can trust a Miami products liability lawyer to explain the laws and assist with your legal remedies, but some basic information may be helpful.

Dangerous Drugs Linked to NDMA Impurities

November 24, 2020

What the CDC’s Cruise Ship Guidelines for COVID-19 Mean for Passengers

by Gerson & Schwartz, P.A.

The cruise industry is a huge draw for millions of Floridians and visitors from other US states, which is why COVID-19 no-sail orders have been devastating for people who wanted to get away on a sea adventure during 2020. As such, a recent announcement by the US Centers for Disease Control and Prevention (CDC) comes as welcome news for anyone looking forward to a vacation. The CDC released its Conditional Sailing Order for Cruise Ships on October 30, 2020, opening the door for future sailings. In the document, the CDC outlines requirements cruise companies must follow to mitigate the risk to passengers and prevent the spread of COVID-19.

However, while the announcement may seem to be a positive development, there are still many concerns. If you contracted COVID-19 or any other illness while on board, you should discuss your legal options with a Miami cruise ship accident lawyer. Some information on the recent CDC order may also be helpful.

Phased Approach to Cruises

November 20, 2020

Top Five Florida Traffic Laws Miami Drivers Ignore

by Gerson & Schwartz, P.A.

Even if you are diligent about complying with all Florida rules of the road when out driving around Miami, there is a good chance that there are plenty of other motorists who do not. Some may be in a rush to get to their final destination, while others did not see a traffic sign or vehicle traveling in their blind spot. At times, drivers may even engage in intentional violations of traffic laws because they do not want to be inconvenienced or believe that a phone call is too important to miss.

Regardless of the reasons behind their actions, drivers who disregard the rules put everyone else on the road at risk of serious auto crashes. Not only do they threaten other individuals in motorized vehicles, but negligent motorists can cause severe harm to pedestrians and bicycle riders. A Miami car accident attorney can advise you on your legal options if you were hurt, but you can take action to protect yourself when you know the top traffic laws that drivers do not follow.

Speed Limits: Probably the most common – and certainly one of the most dangerous – traffic laws to break involves speeding. Authorities designate speed zones for various reasons, but they generally all center on safety. Going faster than the posted limit could increase the potential for accidents if the mph was set due to curves, traffic volume, a steep grade, narrowing of lanes, or many other factors.

November 18, 2020

What are My Rights as the Victim of a Work-Related Car Accident in Miami?

by Gerson & Schwartz, P.A.

You are at risk of being injured in a car accident any time you are driving around Miami, and statistics from the US Occupational Safety and Health Administration (OSHA) reveal that the safety threat is high even when you travel for work. In 2017, there were 2,077 workers killed in occupational transportation crashes, representing 40% of all work-related fatalities. Plus, transportation collisions are in the top five most common causes of non-fatal workplace accidents.

While you might assume that these incidents would be covered by Florida workers’ compensation laws, you may be surprised to learn that you may qualify to file a civil claim after an auto crash. There are multiple benefits for seeking legal remedies rather than workers’ comp benefits, and a Miami car accidents attorney can explain the advantages. You might also benefit from reviewing some of the basics about work-related vehicle collisions.

Florida Workers’ Comp Claims and Exceptions

November 13, 2020

Your Guide to the Stages of a Florida Personal Injury Case

by Gerson & Schwartz, P.A.

If you were recently injured in a Miami car accident, slip and fall on property, or through other forms of negligence, you might currently be working with the responsible party’s insurance company to obtain compensation. Filing an insurance claim is typically the first step your Miami personal injury lawyer will take in such a case, followed by settlement negotiations with the insurer.

However, you may not be as familiar with what happens if the insurance company refuses to settle for a fair, reasonable amount: The civil litigation process that starts when you file a lawsuit in court. Suing the responsible party to recover monetary damages triggers an entirely different legal process, so you should become familiar with the key stages of your case.

Filing Documents to Initiate Litigation