car accident attorney in Miami

August 19, 2016

Motorcycle Accident Involving Wrongful Death and Personal Injury

Injuries resulting from riding a motorcycle occur daily, and some of these are merely accidents. Some, however, are the result of someone’s negligence on the road. In the case of negligence, cyclists may have a case against the person who caused the accident. Automobile drivers who fail to respond or view the cyclists before it is too late are the primary causes of these accidents. Motorcycle riders can seek compensation resulting from medical care costs and/or lost wages in these cases.

If you or a loved one has experienced a personal injury or wrongful death related to a motorcycle accident, you may want to find an attorney that will help you obtain the compensation you or your family deserves. The Miami motorcycle accident lawyers at Gerson & Schwartz, PA provide FREE initial consultations to discuss cases involving such accidents. Simply call (305) 371-6000 or toll free at (877) 475-2905. You can also contact us online at info@gslawusa.com.

Motorcycle Crashes

April 15, 2016

Florida’s Dram Shop Law

by Gerson & Schwartz, P.A.

If you are a bartender, or if you own a bar, there is an important law that you should be aware of: Florida’s dram shop law. This law was recently argued in a Florida court following a fatal car accident. Terry Dinkins of Water Park, the owner of Acme Comic Superstore, caused said accident. The night of the accident he visited a bar for an event hosted by Acme. He then drove away from the bar with a blood-alcohol level of 0.20, and began driving in the wrong direction down State Road 436. Mr Dinkins then collided head-on with a gray Nissan. Sylvia Barajas and Brandi Cole, passengers of the Nissan, were killed on impact. Three civil lawsuits followed, one being against the bar. This lawsuit alleges that the bar was negligent under Florida’s dram shop law. This post will define Florida’s dram shop law and hopefully provide some clarity.

How the Dram Shop Law Works in Florida

Upfront, various states have dram shop laws that allow injured people to seek compensation from a third party, such as a bar or a host at a social gathering, if that third party provided alcohol to someone who then caused an alcohol related accident. Florida’s dram shop law differs from other states’ dram shop laws. In Florida, per Florida Statute Section 768.125, if an individual willfully and unlawfully provides alcohol to a minor under 21 years of age or knowingly provides alcohol to a person habitually addicted to alcohol, that person, or bar, may be held liable for any injuries caused by the minor or the person who is habitually addicted.

January 23, 2015

New Case Shows Judicial Neutrality Matters

by Gerson & Schwartz, P.A.

There are certain beliefs that we have about American justice that are crucial to an effective court system. One such belief is in the neutrality of our judges. That our judges will see our case impartially, without interference from public opinion, or their own personal beliefs. A recent case has upheld this idea, and it’s an important lesson in listening to what judges say while on the bench.

Judge Makes Comments During a Hearing

The case doesn’t involve a personal injury, but rather involves an insurance coverage dispute. A homeowners’ association (HOA) sued its own insurance company after the insurance company claimed that the insurance policy did not cover the repair of falling concrete in a parking garage.

June 4, 2014

Report Concludes That Florida Is The Most Dangerous Place For Pedestrians

by Gerson & Schwartz, P.A.

Late last month, our Miami car accident attorneys discussed another unfortunate accident in which thirty-six year-old woman Keythe Perez was struck and killed by a vehicle while crossing Palm Beach Boulevard in Fort Myers, Florida. The incident marked the sixth pedestrian killed in Lee County since the beginning of the year, and the fifth in a little more than a month.

In response to the growing number of traffic accidents involving pedestrians, Smart Growth America, a national organization dedicated to researching ways in which to improve America’s neighborhoods, commissioned a study, entitled “Dangerous by Design,” to look at where pedestrian fatalities happen and who’s most at risk in every U.S. county, metro area, and state.

According to the report, in the decade from 2003 through 2012, 47,025 people died while walking on our streets, representing 12.3 percent of total traffic deaths. During the same period, 676,000 pedestrians were injured in traffic accidents, or one every approximately eight minutes.