car accident attorney in Miami

February 28, 2020

Teen Driving Laws in Florida

The general consensus is that teens are more likely to be involved in car accidents than adults, and the statistics support this theory. Data gathered by the US Centers for Disease Control and Prevention reveals that vehicle crashes are the leading cause of death for motorists from 16 to 19 years old, at around six teens per day. Plus, almost 300,000 younger drivers are treated in emergency rooms for auto accident injuries every year.

However, teens are not the only individuals at risk when they are behind the wheel. Everyone sharing the roadway with them could be impacted, including other motorists, bicycle riders, and pedestrians. If you were hurt in a teen driver crash, Florida law does provide you with legal options. A Miami car accidents attorney can explain them in more detail, but you might find it useful to review some of the top cases of teen auto collisions.

Common Causes of Teen Crashes

February 14, 2020

Five Things to Take Pictures of After a Miami Car Accident

by Gerson & Schwartz, P.A.

On average, there are more than 64,000 traffic-related accidents according to the Crash Dashboard prepared annually by the Florida Department of Highway Safety and Motor Vehicle. That means that it is possible that you or someone you know could be involved in a collision involving property damage, injuries, or even fatalities. While this is the last situation you want to face, it is important to take certain actions in the immediate aftermath of a car accident. Your health is a first priority, but you should also be gathering as much information from the scene as possible.

Fortunately, today’s technology has provided you with a very important tool for collecting evidence — your smartphone. The vast majority of devices include a camera, enabling you to capture images and video that will help your Miami car accidents attorney prove the essential components of your claim. Here are five things you should take pictures of after the incident.

All Vehicles: Getting a visual of damage to all vehicles is important because it demonstrates the serious nature of the crash. Though injuries can result from even minor collisions, pictures of severe dents and cracks are evidence of a particularly violent impact. In addition, these images may reveal who was at fault in the accident, which can sometimes be determined by the location of the damage.

November 28, 2019

Rollovers are Among the Deadliest Types of Car Accident in Miami

by Gerson & Schwartz, P.A.

There are numerous car accident scenarios that can lead to serious bodily harm for victims, but a rollover crash is one of the most likely to result in catastrophic injuries. Statistics compiled by the National Highway Traffic Safety Administration (NHTSA) reveal that rollovers cause more fatalities than most other types of collisions: While the number is low at 2.1%, rollovers are responsible for causing almost 35% of all deaths due to motor vehicle crashes.

If you were injured or lost a loved one in such an incident, you do have rights under Florida law. A Miami car accident lawyer will help you enforce them, but some information on rollover crash claims may be useful.

Factors That Contribute to Rollover Accidents

November 14, 2019

Latest Safety Features can Reduce the Risk of Teen Car Accidents in Miami

by Gerson & Schwartz, P.A.

Many people assume that teen drivers present a considerable safety threat, and data compiled by the Florida Department of Highway Safety and Motor Vehicles reveals that there is some truth to the assumption. There are approximately 662,000 auto crashes in Florida every year, and almost 63,000 involve drivers who were between 15 and 19 years old. That is roughly 10%, rather high for an age group that spans just four years. However, despite the belief that teens are more reckless or dangerous because they take unnecessary risks, studies have shown that inexperience is a top factor in teen auto crashes.

For worried parents of new drivers, experience is something your teen can only gain through practice – along with guidance, support, and appropriate rules established by you. As your child is learning and becoming more proficient at driving, there are some vehicle safety features that can also reduce the potential for car accidents in Miami.

Lane Maintenance Alerts: This technology employs sensors or video to assess whether the vehicle swerves over into another lane of traffic. It will then issue a lane departure warning to alert the driver and get him or her back on track.

October 29, 2019

Vehicle Black Boxes Impact Miami Car Accident Claims

by Gerson & Schwartz, P.A.

You may think of air travel when you hear about black boxes, but the truth is that these devices are in wide use in all types of passenger vehicles that were manufactured in recent years. The actual terminology used by the National Highway Traffic Safety Administration is event data recorder (EDR), which is technology that captures information related to an event – typically a motor vehicle crash. While some drivers have privacy concerns, many other motorists have realized the benefits when filing an injury claim as the victim of a collision.

Though the information from an EDR can support your position, it is still essential to retain a Miami car accident lawyer to ensure you get the compensation you deserve. A synopsis of vehicle black boxes may help you understand how they fit in an effective legal strategy.

How Event Data Recorders Work

October 24, 2019

Depositions in Miami Car Accident Claims: What You Need to Know

by Gerson & Schwartz, P.A.

If you are pursuing your legal remedies as the victim of a motor vehicle crash, it is likely that the responsible driver’s insurance company will request that you appear for a deposition. Under the Florida Rules of Civil Procedure, it is each party’s right to depose the other in connection with litigation. Plus, depositions are a common strategy for the narrowing legal issues involved when you are trying to work out a settlement.

However, beyond the basics, there is not much information on the point of depositions and what to expect. Your Miami car accidents attorney will provide guidance and represent you during the proceedings, but a background on depositions in auto crash claims may also be helpful.

Overview of Deposition Proceedings

September 24, 2019

Top Vehicle Safety Features can Prevent Florida Car Accidents

by Gerson & Schwartz, P.A.

Once a vision for the future, self-driving cars are actually not too far away as auto makers continue to test and develop vehicles that could be in every US garage in a few years. In fact, the National Highway Traffic Safety Administration (NHTSA) reports that automated safety technologies have already evolved to stage four within the Five Eras of Safety: Self-parking cars and traffic assist.

Convenience may be an attractive feature for drivers, but the primary focus of these technologies is safety. Automation cannot entirely eliminate the potential for fatal and injury-causing accidents in Miami, but you might look for some of the key accident prevention technologies the next time you are car shopping.

Lane Departure Warning

September 12, 2019

Your Post-Accident Journal as the Victim of a Florida Car Crash

by Gerson & Schwartz, P.A.

Besides hiring a Miami car accident attorney, one of the most important things you can do as the victim of a crash is to start a journal regarding your experiences. You will face considerable challenges in attempting to recover compensation through an insurance claim, since you can expect the adjuster to dispute everything from fault to the nature of your injuries. Having your own documentation enhances your credibility, provides support for damages claim, and helps your lawyer fight for your rights. Plus, a diary can also serve to refresh your memory regarding details you may not be able to recall.

Here are a few items to include when starting your post-accident journal.

Details Regarding the Accident

July 31, 2019

Reasons Insurers Reject Miami Car Accident Claims

by Gerson & Schwartz, P.A.

When you are hurt in a Miami auto collision, your first step in seeking compensation for your losses is to file a claim with the responsible driver’s insurance company. Like many victims, you might expect the process to be clear and simple — complete the necessary forms, send them to the insurer, and wait to receive payment. You may be shocked and dismayed when the response is an outright rejection of what you believe is a valid, legitimate claim.

Though it may provide seemingly valid reasons for a denial, the primary motivation of the insurance company is to look out for its own interests. Your claim is a threat to profits, so the insurer will seek any possible reason to reject or make a low counteroffer to resolve your claim. Do not put your rights at risk by accepting anything less than what is fair and reasonable to compensate you for your losses. With help from a Miami car accident attorney, you can recover the highest amount of compensation allowed by law – even when the insurance company responds to with any of these excuses.

You Delayed Filing Your Claim: It is true that Florida has a four-year statute of limitations on motor vehicle crashes based upon negligence, but this time period refers to filing a lawsuit in civil court. You should file a claim with the responsible driver’s insurance company as soon as possible after an accident. When you wait, key evidence may be unavailable and your recollection about the collision will become foggy.

July 24, 2019

Stop on Red Week in August: Florida Tops the List for Most Dangerous

by Gerson & Schwartz, P.A.

The Florida Department of Transportation (FDOT) hosts various events and initiatives throughout the year to promote safety on the state’s roads, and the upcoming “Stop on Red” Week will highlight the importance of obeying traffic signals. Starting August 4 – 10, 2019, FDOT will be posting helpful articles and tips on social media to remind drivers of the laws intended to prevent fatal and injury-causing accidents.

Stop on Red Week has been successful throughout the US in raising awareness, but there are still drivers who intentionally or carelessly run through red lights. If you were hurt in a red light crash, you should consult with a Florida car accident attorney regarding your rights. You can also read on for an overview of the main points of the red light initiative.

Why Red-Light Runners Create Significant Risks