Miami Accident Lawyer Blog

November 11, 2020

Safety Tips for Commuting by Bicycle in Miami

Biking is a great form of exercise and an enjoyable way to get around Miami, but it is also a popular mode of transportation for traveling to and from work. The daily commute is also one of the most dangerous for bicyclists who choose to ride. According to Crash Dashboard data reported by the Florida Department of Highway Safety and Motor Vehicles (FLHSMV), there are around 824 bicycle accidents in Miami-Dade County every year. Hundreds of people are injured in these incidents, and 18-20 victims are killed annually.

While these statistics will probably not dissuade many riders from commuting via bicycle, they should convince you to be cautious. Talk to a Miami bike accident lawyer if you were hurt in such an incident; there are a few tips to remember when you are commuting rather than biking for fun.

Make Adjustments for Your Ride: You might not carry along much more than your wallet and some water when biking for fun, but your commute is a different scenario. It may be necessary to pack up an extra set of clothing, work-related papers and supplies, and other items. The extra load and potential imbalance on a two-wheeled bike may affect your safety, so you make necessary adjustments for stability.

November 6, 2020

NHTSA’s “Road to Zero” to Eliminate Traffic Fatalities by 2050

by Gerson & Schwartz, P.A.

Government officials and consumer groups often team up to raise awareness about public safety issues and empower people to protect themselves and their families. The Road to Zero Coalition,

managed by the National Safety Council (NSC) and supported by the National Highway Traffic Safety Administration (NHTSA), is an example of such an initiative. Together, these organizations have developed multiple strategies intended to end traffic-related fatalities in the US by 2050. The cornerstone of the plan hinges on NJTSA’s “Three Lanes,” which ideally would result in Zero roadway deaths if each path comes to fruition.

While public awareness campaigns about preventing auto crashes are important, the risk of serious crashes will persist as long as there are negligent motorists on South Florida roadways. It is essential to work with a Miami car accidents attorney to pursue your legal rights, but you might find it useful to review some basic information about the Road to Zero.

November 4, 2020

Shop Owner Liability for Fatal Shooting Incident in South Florida

by Gerson & Schwartz, P.A.

An altercation at a South Florida flea market turned deadly when one of the two men involved in the dispute pulled out a gun and shot the other, killing him. An October 10, 2020 article published by the Miami Herald covered additional details, stating that the incident occurred just after 1:30 p.m. at the Swap Shop in Lauderhill. Police responded to reports of a shooting and assisted the victim until he could be transported to Broward Health Medical Center in Fort Lauderdale. The man later died from his injuries.

While the investigation by law enforcement is ongoing, it is possible that surviving family members may be eligible to take legal action. The potential remedy encompasses concepts of both wrongful death and premises liability, so retaining a Miami personal injury attorney is essential. Still, you may benefit from reviewing some of the basics.

Overview of Premises Liability Cases

October 30, 2020

Do Premises Liability Laws Apply to Fatal Shooting in South Florida Parking Lot?

by Gerson & Schwartz, P.A.

Two assailants will face multiple criminal charges after a robbery and assault led to the shooting death of a 23-year-old man in South Florida. The Miami Herald provided some details in an October 19, 2020 article, reporting that surveillance cameras at a Walgreens captured the details of the incident. The video footage shows that the victim and a teenaged companion were inside the store when a motorist entered the parking lot and strategically positioned his vehicle with a view to the victim’s car. As the pair inside the store exited and walked to their own vehicle, two assailants emerged from their car and assaulted the victim and teenager. One suspect shot the victim, and both perpetrators fled the scene.

Law enforcement continues to investigate and will pursue criminal charges against the suspects, but the victim’s surviving family members may also have legal remedies under Florida law. A Miami personal injury attorney can explain how the concepts of premises liability and wrongful death apply in such a case, but an overview may also be helpful.

Comparing Florida Premises Liability and Wrongful Death Laws

October 28, 2020

Liability and Legal Issues in Miami Parking Lot Accidents

by Gerson & Schwartz, P.A.

There are safety threats you expect while driving around Miami, including motorists who speed, drive after drinking, run red lights, and engage in other careless acts. However, there are many other risks that you do not anticipate because they are present outside the typical roadway environment. Parking lot and parking garage car accidents are more common than you think, and they can lead to injuries far more serious than you would ever imagine. If you were injured in such a crash and see your losses mounting, you are probably wondering whether you have any legal recourse against the responsible driver.

In short, yes, you can pursue a negligent motorist for compensation after being injured in a parking lot crash. Your rights are the same as with any auto collision case, so you should seek legal help from a Miami car accidents attorney. Some information about the dangers of parking lot collisions may also be useful.

Parking Lot Accidents Caused by Driver Negligence

October 23, 2020

How Early Detection of Brain Injury Progression can Affect Personal Injury Claims

by Gerson & Schwartz, P.A.

Traumatic brain injuries (TBI) are among the worst, most catastrophic forms of bodily harm a victim can suffer in an accident, especially since the consequences and complications can be long term. The implications can range from minor neurological issues to post-traumatic stress disorder (PTSD) to extreme cognitive impairment. If you or a loved one suffered TBI in an accident, you may be pleased to learn that researchers from the National Institute of Nursing Research (NINR) have developed a predictability tool that can identify patients who may experience future neurological decline. With this information, you can work with your health care providers to develop a plan of care.

However, the predictive technology may also support the pain and suffering component of your compensation in a personal injury claim. A Miami catastrophic injuries attorney can explain in more detail about how the NINR findings are a positive development for victims of TBI.

Overview of the NINR Study and Findings

October 21, 2020

Miami Truck Accident Statistics Reveal the Dangers for Motorists

by Gerson & Schwartz, P.A.

There can be no question that truck accidents lead to devastating loss of life, but you may not realize the extent of the problem until you have statistics to put things into perspective. In its Traffic Crash Facts 2018, the Florida Department of Highway Safety and Motor Vehicles (FLHSMV) reported that there are more than 16,000 large truck collisions in Broward, Miami-Dade, and Palm Beach Counties every year. For injured victims and their families, the physical, financial, and emotional losses are overwhelming.

If you were hurt or lost a loved one in a crash involving a semi, 18-wheeler, or other large truck, Florida law does provide you with options. You can rely on a Miami truck accidents attorney to assist with the legal process and help you recover fair compensation for your losses. Some additional truck crash statistics shed light on the severity of these incidents.

Summary of South Florida Truck Crash Statistics and Trends

October 16, 2020

Five Questions to Ask Your Doctor After Being Injured in a Miami Car Accident

by Gerson & Schwartz, P.A.

Getting hurt in a car accident is an overwhelming, stressful experience and, unfortunately, it happens quite often around South Florida. According to the Florida Department of Highway Safety and Motor Vehicles (FLHSMV) Crash Dashboard, there have already been 76,269 motor vehicle collisions so far in Broward, Miami-Dade, and Palm Beach Counties in 2020. More than 27,000 people were hurt in these auto accidents, most of whom required medical care for minor, serious, or catastrophic injuries.

Getting treatment after an auto crash is definitely a priority for many reasons, but you support both your health and your legal rights when you ask your doctor the right questions about your care. A Miami car accidents lawyer can explain in more detail about the following questions and answers:

What is the extent of my injuries? Your doctor is the expert on medical issues, but you should at least get an overview of the nature and severity of your injuries. If you broke a bone in your arm or leg, make sure you know exactly which one. For back injuries, ask about the vertebrae that sustained trauma.

October 14, 2020

Should I Settle a Miami Wrongful Death Case?

by Gerson & Schwartz, P.A.

It is never easy to say goodbye to a loved one who died in an accident, especially when someone else was at fault for causing that death. Your grief may soon turn to shock when you realize the full extent of the losses left behind by your family member’s passing. With the victim no longer around to contribute financial support, love, guidance, and other benefits, you may feel helpless.

Fortunately, you do have options to pursue the responsible party through a Florida wrongful death claim. It may be possible to recover compensation by filing an insurance claim and, in some cases, you may be able to work out a settlement instead of going to court. You should trust the details to your Miami wrongful death attorney, but you might consider the following benefits.

Settling Brings Certainty

October 9, 2020

Electronic Evidence as Proof in Miami Car Accident Cases

by Gerson & Schwartz, P.A.

Traditional evidence may only go so far in a Miami car accident case, since there can be credibility issues, subjectivity or bias, difficulties with collecting items at the scene, and many other challenges. Plus, in a fatal auto crash, the victim is not around to provide details on what circumstances led up to and caused the incident. If you are an injured victim or surviving family member of someone killed in a collision, you might feel helpless about the evidence you have to support your claim for compensation.

Fortunately, there are other options that can fill the gaps – or even provide more solid evidence regarding the crash. Most recent auto models are equipped with electronic data recorders (EDR) that may give you an advantage with proof, and your Miami car accidents attorney can explain in more detail. Some basics may also be informative.

Overview of EDR Functions