Car Accidents

Evidence of Impairment in Miami DUI Accidents

Published on: May 17, 2024 | by Gerson & Schwartz, P.A.

Drunk driving remains a problem in Florida and throughout the US, and many times, offenders are arrested for DUI. However, there are many tragic situations where an impaired driver causes an accident that leads to injuries or death. According to the Florida Department of Highway Safety and Motor Vehicles (FLHSMV), there are almost 5,000 traffic collisions every year that are linked to alcohol intoxication. Of these, around 720 drunk driving crashes occur in South Florida. Up to 40 people lose their lives in DUI accidents, while more than 400 victims are injured in Broward, Miami-Dade, and Palm Beach Counties.

When alcohol is a factor in a crash, a victim may need more than just proof of fault, injuries, and losses. It is also crucial to show that the at-fault driver was intoxicated, which requires evidence of drunk driving. Your Miami DUI accident lawyer will assist with issues of proof, but some details will help you know some of the information you will need.

Overview of Negligence

Who Has the Right of Way at an Intersection in Florida?

Published on: May 3, 2024 | by Gerson & Schwartz, P.A.

For Florida motorists, right-of-way rules are important for staying in compliance with traffic laws as well as keeping yourself and vehicle occupants safe. The Florida Driver License Handbook includes numerous provisions on which driver must yield and who is allowed to proceed in many different traffic-related scenarios. However, intersections tend to create the most confusion. When motorists are not well-versed in how the right of way works when approaching a junction, the potential for accidents increases.

The risks of crashes resulting from a failure to yield are especially prevalent in Miami, where heavy congestion and tight city streets are also factors. A refresher course on right-of-way rules will help you avoid collisions, though you cannot prevent negligence from other motorists. Fortunately, these laws guide your Miami car accident attorney in determining who to pursue.

Right-of-Way Rules at Florida Intersections

Factors to Consider When Settling a Florida Child Accident Claim

Published on: April 26, 2024 | by Gerson & Schwartz, P.A.

It is horrific to think about your child being injured in an accident, but the statistics indicate that these incidents are common among infants, toddlers, and older kids. The National Safety Council (NSC) lists multiple risks, including traffic crashes that are the leading cause of death for children 17 years old and under. Plus, every three minutes, a child suffers a sports-related concussion or other traumatic brain injury (TBI). Kids are not even completely safe at school and while playing, as 80% of playground injuries are caused by falls.

For parents, the first priority is getting their child the necessary medical treatment and working on recovery from accident injuries. However, you may soon realize that it is also important to pursue your legal remedies against the at-fault party. A Miami child injuries lawyer will assist with the legal process, but there are some factors you need to consider.

Liability for Accidents

Types of Injuries in a T-Bone Crash in Florida

Published on: March 15, 2024 | by Gerson & Schwartz, P.A.

Car accidents can occur for a wide variety of reasons and under many different circumstances, but a common type of crash is a T-bone. Named for the impact point where two vehicles collide and form a “T,” these collisions happen frequently on Florida roads. According to the National Highway Traffic Safety Administration (NHTSA), side impacts comprise about 32% of all vehicle crashes. In Florida, that means around 126,125 car accidents are T-bones out of a total of more than 394,000 traffic collisions annually.

The exact angle of the vehicles in a T-bone crash will be around 90 degrees, and the impact tends to be at the horizontal center point of passenger cars. As a result, there are certain types of injuries that victims often suffer, and they cause significant losses. You should consult with a Miami car accident attorney if you suffered any of the top injuries in T-bone collisions.

Trauma to the Head and Neck

Biggest Safety Risks for Teen Drivers in Florida

Published on: February 23, 2024 | by Gerson & Schwartz, P.A.

Teen drivers may not make up the largest age group of motorists involved in car accidents, but they do have an impact on the statistics. According to the Florida Department of Highway Safety and Motor Vehicles (FLHSMV), there are 140 fatalities every year among motorists aged 20 years and younger. Plus, another 14,070 teen motorists suffer varying degrees of injuries, from incapacitating to minor. Considering their young age compared to others on the road, you can guess that there are unique risk factors with teen drivers.

It is useful to know these risks as the parent of a young driver, as you can use your authority to reinforce important safety rules. You can also benefit as a motorist who shares the road with teens. You should discuss legal options with a Miami car accident lawyer if you were hurt, and read on for some helpful details about the risks.

Teens and Inexperience

Garbage Truck Accidents

Published on: February 16, 2024 | by Gerson & Schwartz, P.A.

What are the most dangerous vehicles on the road? Most people would choose 18-wheeler trucks since they are notorious for causing multi-vehicle pile-ups that close down long stretches of I-95 for hours on end. Others would choose motorcycles since they go so fast, playing into their riders’ cravings for adventure, and because, when a motorcycle crashes, there is very little between you and the road.

Most people do not think of garbage trucks as especially dangerous. Sure, they are annoying, lumbering down your street as the sun is rising on days when you would sleep late if it were up to you. Garbage trucks stop so frequently that they do not have time to build up much speed, and while that means that they are unlikely to cause the kind of devastation you would expect from a truck barreling down the highway at 70 miles per hour, it also means that their movements are harder to predict, even when you can clearly see which garbage cans they still have to empty. If you have been injured in a garbage truck accident, contact a Miami truck accident lawyer.

A Garbage Truck in Traffic is Just as Dangerous as Any Other Truck

Car Accidents Can Cause Hormonal Imbalances

Published on: January 26, 2024 | by Gerson & Schwartz, P.A.

Sometimes, people go to the doctor about nonspecific symptoms such as weight gain or lack of energy and find out that a hormonal imbalance is causing the problem. A common cause of these hormonal imbalances is a benign tumor on the pituitary gland; approximately one in six adults will develop a pituitary tumor between age 30 and age 50, although some of these cause few or no symptoms.

A less common cause of pituitary gland dysfunction is a traumatic injury to the head; in other words, a deficiency of pituitary hormones can be a complication of concussion or traumatic brain injury (TBI). If you have received a diagnosis of hypopituitarism related to a head injury you sustained in a car accident, contact a Miami car accident lawyer.

Symptoms of Hypopituitarism Related to a Traumatic Injury

How Do Seat Belts Save Lives?

Published on: January 19, 2024 | by Gerson & Schwartz, P.A.

If you have ever walked down the halls of an elementary school in Florida, you have probably seen student-drawn posters with slogans like “seatbelts save lives” and “buckle up for safety.” The seatbelt has become a byword for safety and caution. Many of the drivers on the road today would never dream of shifting the transmission into drive without first buckling their seatbelts, and if they tried, their cars would make annoying sounds to nag them about it until they buckled up; the others account for a disproportionate share of traffic fatalities.

Despite all the research that goes into developing car safety features, motor vehicle safety engineers have yet to design a safety feature safer than the humble seatbelt. The good news is that if you wear a seatbelt and get into a car accident, your injuries will be less severe than they would be without the seatbelt. The bad news is that if you do not wear a seatbelt and you get into an accident, your injuries will be worse than they would have been if you had buckled up, and insurance companies know this. A Miami car accident lawyer can help you get a fair insurance settlement after a car accident, even if the insurance companies assigned part of the fault to you because you were not wearing a seatbelt.

Not Your Grandpa’s Seatbelt

Deadlines in Florida Car Accident Claims

Published on: November 24, 2023 | by Gerson & Schwartz, P.A.

A Miami car accident can turn your life around, leaving you with sky-high medical bills, days away from work, and immeasurable pain and suffering. Because of the implications, Florida law allows victims to pursue the at-fault driver after a traffic crash. You can recover damages for your medical costs, lost wages, and other impacts on your quality of life. However, there are deadlines you must meet when seeking legal remedies. Florida’s statute of limitations applies to auto collision claims, so time is of the essence.

Plus, timing issues also affect other aspects of your case, and it is possible to gain an edge in your case when you have a solid strategy. Guidance from a Miami car accident lawyer is critical to helping you develop a plan that best leverages all relevant facts. You can also read on for some information on the various time factors that could arise during the legal process.

Details on the Florida Statute Limitations

What Do the Criminal Courts Have to Do With Your Personal Injury Case?

Published on: October 27, 2023 | by Gerson & Schwartz, P.A.

Drunk driving is a crime, but not every person who causes a car accident while under the influence of alcohol gets criminal penalties. The civil courts and criminal courts operate independently of each other, so a Miami car accident lawyer can help you seek compensation if the drunk driver who caused your injuries was never convicted of DUI in criminal court.

How are Civil and Criminal Cases Different?

Most of the court cases you hear about on the news or see dramatized in movies are criminal cases, but most of the ones in which you or people you know well have been directly involved are civil cases. If you have ever gotten divorced, settled a deceased family member’s estate, or faced a lawsuit about an unpaid debt, the legal proceedings took place in civil court. Personal injury lawsuits are civil cases. As in many civil matters, the plaintiff in a personal injury lawsuit is asking the court to order the defendant to pay monetary compensation to the plaintiff to compensate the plaintiff for financial losses caused by the defendant’s negligence. The plaintiff can win the case if they can persuade that a preponderance of the evidence shows that the defendant’s negligence directly caused the plaintiff’s financial losses.