car accident attorney

January 28, 2022

The Consequences of Distracted Driving in Florida

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:

March 12, 2021

Three Things About Pre-existing Conditions Miami Car Accident Victims Need to Know

by Gerson & Schwartz, P.A.

Like most other personal injury matters, Miami car accident claims fall under the umbrella of negligence when it comes to recovering compensation. You need to prove that the other motorist’s careless actions were the direct cause of the auto crash in which you were injured. If there were other intervening circumstances or factors, you usually will not be able to obtain monetary damages because the causation element is missing. In some vehicle collision cases, a pre-existing medical condition is exactly the sort of intervening issue that could impact compensation.

Still, there are exceptions to this default rule and strategies through which you can recover monetary damages despite the existence of a pre-existing medical condition. You will need a Miami car accident lawyer for assistance with overcoming challenges, but a few points should help you understand the basics.

It IS possible to recover for exacerbated injuries. A key exception to the rule regarding pre-existing injuries will allow you to obtain compensation, but only if the motor vehicle collision makes your condition worse. The classic example is when a victim suffered a broken bone in the past. Even though it has healed, the affected area remains weaker than the surrounding bone material – making it more susceptible to breaking again from the impact of an auto crash.

February 17, 2021

Can I Recover Hospital Costs After a Miami Car Accident?

by Gerson & Schwartz, P.A.

When you are injured in a Miami car accident, you could be seriously injured. Hospitalization may be the best route to ensure you receive essential treatment and can get on the way to recovery as soon as possible. Of course, you probably realize that the costs involved with a hospital stay can be considerable. According to Becker’s Hospital Review, Floridians pay almost $1,700 per day at a for-profit facility, while expenses at a nonprofit hospital could reach up to $2,300. By the end of your hospitalization, you could incur an astronomical amount for costs – which typically does NOT include separate bills from various health care providers.

Fortunately, you may be able to recover hospital costs after a motor vehicle crash, as well as other amounts for medical care and related losses. Your Miami car accidents attorney can explain how damages work and what you can obtain through the legal process, but some answers to common questions may also be informative.

Can I Recover Costs for Treatment at an Urgent Care Center?

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 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.

May 13, 2020

Most Common Types of Car Accidents in Miami

by Gerson & Schwartz, P.A.

The US Centers for Disease Control and Prevention reports that motor vehicle collisions are among the leading causes of accidental death in the US every year, typically ranking within the top three in any given year. Crashes kill more people annually than medical conditions like stroke or diabetes, and they injure more than 2.5 million other victims. However, while fatal and injury-causing auto accidents are common, no two incidents are the same. Each collision involves different forms of carelessness, contributing factors, and surrounding circumstances.

Plus, every crash affects victims and their families in different ways, which is why it is essential to retain a Miami car accidents attorney for assistance with the complicated legal process. You might also want to learn about the types of collisions that are most likely to lead to serious injuries.

T-Bone Accidents: The point of impact in this type of crash is the front of one car and the side of another, forming a “T” shape. A T-bone collision is most likely to happen when a driver enters an intersection without having right of way, or when some motorist makes an improper left turn in front of oncoming traffic.

April 29, 2020

What to Include in a Demand Letter After a Miami Car Accident

by Gerson & Schwartz, P.A.

There are more than 31,350 people injured in Miami-Dade County auto accidents every year according to the Florida Department of Highway Safety and Motor Vehicles’ Crash Dashboard, a figure that may not surprise you given the number of careless drivers on the road. However, you might be shocked to learn that an estimated 95% of victims settle their claims with an insurance company rather than go to court. There are multiple advantages of settling, especially since you resolve your case faster and enjoy certainty in terms of the result.

The first stage in pursuing settlement will be preparing a packet with your claim and supporting documentation, topped off by a demand letter to the responsible driver’s insurance company. It is wise to trust a Miami car accidents attorney to handle these initial tasks, but you might find an overview to be helpful.

Supporting Documentation for Your Demand Packet

April 3, 2020

Top Causes of Miami Car Accidents and How to Steer Clear

by Gerson & Schwartz, P.A.

When you read the data regarding the frequency of car accidents around Miami, you will probably be surprised by the numbers. In its Traffic Crash Facts for 2018, the Florida Department of Highway Safety and Motor Vehicles (FLHSMV) reports that there are almost 65,000 auto collisions every year in Miami-Dade County. Based upon a three-year average, close to 300 people are killed and more than 32,000 victims suffer injuries in these incidents.

However, it is even more concerning to know that most of these crashes are preventable, and that certain careless acts by drivers are behind them. You may qualify to recover monetary damages if you were injured or lost a loved one, and a Miami car accidents attorney can assist with the process. You may also benefit from knowing some of the most common causes of motor vehicle collisions, and what you can do to avoid them.

Distracted Driving: You know the importance of putting away all electronic devices when you are in the driver’s seat, but many motorists ignore both the safety issues and the laws prohibiting cell phone use. In 2018, there were 236 fatal crashes linked to distracted driving, and more than 45,000 accidents that involved injuries. Note that some of these were not associated with cell phone use, but using the radio, eating, and drinking can also be dangerous forms of distracted driving.

February 21, 2020

Comparing 2019 Miami Car Accident Fatalities to Previous Years

by Gerson & Schwartz, P.A.

With 2020 already well underway, it can be helpful to review fatal car accident statistics from previous years as a way of comparing trends. According to the Florida Department of Highway Safety and Motor Vehicle (FLHSMV) Crash Dashboard for 2018, there were 64,627 collisions in Miami-Dade County, killing 293 victims. The data for 2019 indicates a drop in the number of total accidents, down to 64,495; however, the number of fatalities was higher, as 335. So far this year, 29 people have been killed in 5,915 crashes.

A fatal auto collision involves implications that extend far beyond the loss of life. Surviving loved ones lost a family member, often one they depended upon for financial support, care, and guidance. In such situations, it is important to discuss your rights with a Miami car accidents attorney. You can also review some fatal auto crash statistics to understand just how common these tragedies are.

Fatal Crashes in Miami and the Rest of Florida

December 19, 2019

Why is it So Hard to Recover for Whiplash Injuries in a Miami Car Accident?

by Gerson & Schwartz, P.A.

Broken bones, cuts, abrasions, and burns are some of the most common injuries in a Miami auto crash, and they are certainly among the most obvious. However, there are other forms of trauma that can be just as devastating, but not as noticeable. Whiplash and other soft tissue injuries serve as examples, particularly since you may not even be aware that you were hurt until long after the collision. Under the circumstances, you may face challenges in recovering compensation from an insurance company. It is difficult to persuade an insurance adjuster that you deserve monetary damages for whiplash when the harm is seemingly invisible.

Still, because you could experience long-term health effects and complications, you should not give up on your claim for damages. Instead, you should retain a Miami car accidents attorney who can help with the legal hurdles.

Whiplash Often Involves Delayed Symptoms