car accident attorney in Miami

November 18, 2020

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

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

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 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

August 21, 2020

Proving a Miami Texting and Driving Car Accident Claim

by Gerson & Schwartz, P.A.

Many US states have taken action against the dangers of texting and driving by enacting statutes that make certain types of cell phone use illegal while a driver is operating a vehicle. Florida’s approach is contained within the Florida Ban on Texting While Driving Law, which took effect in July 2019. Police now have primary enforcement to pull over a motorist if they observe violations of the law, and there are penalties for getting a ticket. However, if illegal cell phone use is linked to an injury-causing accident, victims cannot always rely on law enforcement observations when pursuing their right to compensation. Unlike a drunk driving accident where the motorist’s chemical rests reveal a blood alcohol content over the legal limit, there are issues of proof with a distracted driving crash.

You cannot expect the responsible driver to admit to texting, so you – through your Miami car accidents attorney – will need to explore other options to get essential evidence. An overview of the key issues may help you understand the importance of proof in texting and driving collision claims.

Florida Law on Texting While Driving

July 1, 2020

When are Miami Drivers at the Highest Risk for a Car Accident?

by Gerson & Schwartz, P.A.

Even when you are extremely cautious and drive defensively on the busy streets of Miami, car accidents are still a threat. However, the Florida Department of Highway Safety and Motor Vehicles (FLHSMV) collects data to better understand when the risk of collisions is higher. Various factors impact the potential for crashes according to different days of the week, seasons, holidays, the time of day, and more. When you know the most dangerous times to be on the road, you can avoid non-essential trips and take extra precautions when you do need to drive.

Since you cannot prevent crashes entirely, it is important to work with a Miami car accidents attorney if you were injured. Plus, you can review the following information on when drivers are at the highest risk of being involved in a crash.

Holidays Associated with Celebrations

June 24, 2020

Out-of-State Victims’ Rights in Miami Auto Accidents

by Gerson & Schwartz, P.A.

Miami enjoys a booming tourist industry with visitors coming from all U.S. states. Sadly, being on vacation does not insulate you from the risk of being involved in a car accident. Injured victims from out-of-town face an even more overwhelming situation after an auto crash, since they are in unfamiliar territory – geographically, logistically, and legally.

The good news is that many of the laws that apply to motor vehicle crashes in your hometown also apply if you were hurt in a collision in Florida. However, there are some unique factors that can be complicated when you are trying to enforce your rights from afar – AND recover from your injuries at the same time. A Miami car accidents attorney can explain your remedies and assist with the legal process, but some general information may also be useful.

Car Accident Claims Process for Non-Resident Victims

June 10, 2020

The Extreme Dangers of Drowsy Driving in Miami

by Gerson & Schwartz, P.A.

You might read a headline once in a while about a Miami car accident caused by a motorist falling asleep at the wheel, but you would probably never expect to be personally involved in a drowsy driving crash. Unfortunately, statistics reveal that fatigue is common among drivers and it can be a key factor in serious accidents. The Governors Highway Safety Association (GHSA) estimates that there are around 328,000 drowsy driving collisions every year in the US; approximately 6,400 of these incidents were deadly and another 109,000 caused injuries to at least one person. However, GHSA notes that there is some margin of error on fatigued driving crashes figures due to reporting issues.

If you or a loved one was involved in a drowsy driving collision, it is important to consult with a Miami car accidents attorney right away about your legal options. Plus, some information on the dangers may help you avoid becoming a victim.

The Dangers of Drowsy Driving

June 3, 2020

Paying Medical Bills After a Miami Car Accident

by Gerson & Schwartz, P.A.

You do have legal remedies available after being hurt in a Miami car accident, including the option to seek compensation for your losses. In a particularly serious crash, you may be able to pursue the responsible driver’s insurance company by filing a claim. The objective is to recoup monetary damages for the costs you have accrued and other ways your injuries impact your life. However, as you might expect, it is not likely that you will receive a check overnight. Instead, your compensation will be paid out after your claim is resolved – either through a settlement agreement with the insurer or in court. Therefore, you could have difficulty paying your medical bills, especially if your injuries prevent you from working.

It is a relief to know that there could be other sources you can turn to when you need financial support as the victim of a collision. While your Miami car accident attorney is working through the claims process, you should also ask about getting funds through:

Your Auto Insurance PIP Coverage

May 27, 2020

Will V2V Communication Reduce the Potential for Car Accidents in Miami?

by Gerson & Schwartz, P.A.

The National Highway Traffic Safety Administration (NHTSA) is always investigating features that promote safety and reduce the risk of car accidents. One of the latest efforts involves Vehicle-to-Vehicle Communication (V2V), which is technology that allows vehicles to wirelessly exchange information. By communicating traffic-related factors with other vehicles, V2V can alert drivers regarding threats and enable them to avoid a collision. The NHTSA estimates that, if every vehicle on the road was equipped with V2V technology, 615,000 motor vehicle accidents could be prevented and 1,366 lives could be saved.

There is a long road ahead to get V2V communication installed on every vehicle on the road, so the potential for fatal and injury-causing crashes remains a reality. If you were hurt or lost a loved one, it is important to get in touch with a Miami car accidents attorney right away. You might also be interested to learn more about V2V technology.

Overview of V2V Communication

May 20, 2020

Determining Fault in Miami Car Accidents

by Gerson & Schwartz, P.A.

Car accidents make up a whopping 99% of all non-fatal transportation injuries in the US, according to the National Highway Traffic Safety Administration’s 2020 Report. Millions of victims and their families are expected to file insurance claims for their losses. Even if you do not have a legal background, you probably hear a lot about how fault plays a role in the process. Legal liability concepts are central to your rights and remedies, but they work a little bit differently after a Miami car accident. In many cases, fault may not be key because you will seek compensation from your own insurance company under Florida’s no fault rules.

However, there are some instances in which you qualify to file an injury claim with the other driver’s insurer – and proving fault is definitely a requirement to obtain compensation. Your Miami car accidents attorney can explain the details, but you might find the following information useful.

Why Fault Matters in a Miami Auto Crash