Car Accidents

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.

Complex Regional Pain Syndrome and Florida Car Accident Cases

Published on: October 20, 2023 | by Gerson & Schwartz, P.A.

If the injuries you sustained in a car accident do not affect your brain or spinal cord, then you have escaped the worst-case scenario, but plenty of other accident-related injuries can still cause chronic pain and make it difficult to work and engage in your usual daily activities. In some cases, the pain worsens over a period of days or weeks, which is bad enough when you and your doctors are just trying to find a way to manage the pain, but it is even worse when you are trying to persuade a car insurance company of how severe your accident-related injuries are. Getting injured is a financial burden, no matter the circumstances, but it is even more frustrating when you have to fight tooth and nail to get insurance companies to pay for your treatment. A Miami car accident lawyer can help you if your injuries feel worse than they look, and the at-fault driver or the insurance company is accusing you of exaggerating your symptoms.

Causes and Symptoms of Complex Regional Pain Syndrome

Complex regional pain syndrome (CRPS) is a set of troublesome symptoms that arise from an injury to a nerve in the arm, leg, wrist, or ankle. The nerve injury happens as a result of trauma to nearby bones or soft tissues. As a result, the syndrome affects an entire arm, leg, hand, or foot, the entire area controlled by the affected nerve. Symptoms include chronic pain, numbness or tingling, weakness, abnormal sweat production, abnormal growth of hair and nails, and changes to the color, temperature, and texture of the skin of the affected area. In some cases, the pain of CRPS is much worse than that of the acute injury that precipitated it. Some patients with CRPS are unable to work because their symptoms are so severe.

What Do Motor Vehicle Blind Spots Have to Do With Your Florida Car Accident Case?

Published on: October 6, 2023 | by Gerson & Schwartz, P.A.

Imagine two people yelling at each other after a car accident. The first driver accuses the second one of driving in the first driver’s blind spot. The second driver says that the first driver should have paid more attention to where he was going. Driving in someone else’s blind spot is inevitable sometimes. When you are driving, you must be aware of your surroundings, including noticing if there is another car in your blind spot. Many accidents occur when drivers fail to notice a car in their blind spot. The good news is that most blind spot-related accidents do not result in severe injuries, but the bad news is that even an accident that does not involve serious injuries can be financially burdensome. If you are struggling with medical bills and other accident-related expenses after a collision in which one car was in another car’s blind spot, contact a Miami car accident lawyer.

Where are Your Car’s Blind Spots?

The better question is, where are your car’s blind spots right now? A blind spot is any part of the area near the car that you can’t see when you are in the driver’s seat, even when you look in the rearview mirror or the side view mirrors. Properly adjusting your mirrors will reduce the size of your blind spots, but it is not possible to have a truly panoramic view because of your car’s frame. Blind spots are the parts that are not visible ahead of you or through the car’s mirrors when you are driving.

How the Angle of the Collision Affects Injury Risk and Liability

Published on: September 29, 2023 | by Gerson & Schwartz, P.A.

Laws and etiquette dictate that, immediately after a car accident, you should pull off to the side of the road and talk to the other driver. The first thing you are supposed to say is, “Is anyone injured?” If someone is injured, you should call an ambulance immediately. If no one is injured, you should exchange contact information with the other driver and then give your explanation of how the accident happened to a police officer or to the insurance company. Except in the case of accidents that involve injuries severe enough to require emergency medical treatment, the biggest thing on your mind is probably whether the insurance company will find you at fault for the accident because the insurance companies’ decisions about fault affect how financially damaging the accident will be to you. The best way to get the money you need to cover your accident-related financial losses is to contact a Miami car accident lawyer.

The Worst Kinds of Collisions Are Not the Most Common

High speeds increase the risk of death or serious injury in a car accident; the slower the vehicles are moving at the time of impact, the more likely it is that no one will be seriously injured. Even at the same speed, some angles of impact carry a greater risk of severe injury. For example, striking another vehicle or a stationary object head-on is dangerous. Frontal collisions have the highest rate of fatality among collisions where the vehicles were traveling within the speed limit. They are also disproportionately represented among single-vehicle collisions. As with all car accidents, seatbelts and airbags reduce the risk of death or catastrophic injury in head-on collisions.

Parents: Tell Teens What to Do After a Miami Car Accident

Published on: August 25, 2023 | by Gerson & Schwartz, P.A.

Parents and the public in general spend a lot of time explaining safety rules for teen drivers, warning them about hazards, avoiding texting, and encouraging them to get experience. What they do not mention in these awareness campaigns is what to do after a car accident happens. According to the Florida Teen Safe Driving Coalition, there are more than 800,000 registered drivers in the state aged 15 to 19 years old. On average, these motorists cause around 84,000 traffic crashes, resulting in 350 fatalities. The highest collision rates in Florida are in the 18 to 19 age group, while nationally the age is 16 to 17.

These statistics are horrifying for parents, but there is the aftermath of the crash to consider when you are not present. Your child is hurting, confused, and overwhelmed by the chaos. You no doubt have stressed all the safety recommendations and implemented rules to avoid them, but you must also prepare teen drivers for what to do after a Miami car accident.

Dial 911

How Long Do I Have to Sue After a Miami Car Accident?

Published on: August 11, 2023 | by Gerson & Schwartz, P.A.

South Florida is one of the most dangerous regions of the state to drive in, and statistics prove the risks. According to the Florida Department of Highway Safety and Motor Vehicles (FLHSMV), there are more than 128,000 total traffic crashes in Miami-Dade, Broward, and Palm Beach Counties every year. Around 800 people lose their lives and 67,400 victims are injured in these incidents. They suffer massive losses because motorists do not exercise care behind the wheel.

Fortunately, state law provides you with remedies if you were hurt or lost a loved one in a crash. As with all personal injury cases, there is a statute of limitations to keep in mind. Florida recently enacted tort reforms that affect your deadlines, so you should rely on a Miami car accident lawyer to assist with your claim. An overview of the legal process and timing issues is also useful.

Florida’s Traffic Crash Statute of Limitations

Dangers of Electric Vehicle Auto Crashes in Miami

Published on: June 30, 2023 | by Gerson & Schwartz, P.A.

Electric vehicles (EVs) have increased in popularity in recent years as motorists seek ways to reduce their carbon footprint and avoid paying high gas prices. According to the US Department of Energy, Florida drivers are certainly on board with the benefits. The Sunshine State ranks second in the US when it comes to EV registrations, at almost 95,650 and growing. These vehicles are becoming more affordable as well, also a factor in the rise in electric vehicles on the road.

However, when you look at an EV, you might not realize that there are multiple features that make them extremely dangerous. They are very different from vehicles powered by internal combustion engines, and the occupants of the autos are the ones who suffer. If you were hurt, it is important to work with a Miami EV car accident lawyer who understands the subtleties. You can also read on for a description of the risks and tips on what to do.

Risks of Being in a Crash With an EV

NHTSA’s Five Eras of Safety is the Path to Full Automation

Published on: May 12, 2023 | by Gerson & Schwartz, P.A.

Automakers add new bells and whistles with every new model release, but it is the safety features that you may not see that offer the biggest benefits to motorists. Technology and equipment continue to evolve, especially automated driving systems. The National Highway Traffic Safety Administration (NHTSA) predicts that these features will eventually take over driving tasks and eliminate the human errors that are often behind traffic crashes. There are more than 39,000 fatalities and more than 2.5 million victims injured in accidents, and self-driving cars have the potential to significantly reduce these figures.

The NHTSA’s road to full automation is a long one, but the US is already several years into the journey. We have already reaped many of the safety benefits through features that will be familiar to any motorist. However, collisions will remain a threat, so it is important to consult with a Miami car accident lawyer if you were injured or lost a loved one in an accident. An overview of the NHTSA’s Five Eras of Safety provides insight into the past, present, and future.

Safety in the Rear View Mirror

Two of the Three Deadliest Roads in the US in South Florida

Published on: March 10, 2023 | by Gerson & Schwartz, P.A.

You might hear rumors or have personal experience driving on the most dangerous roads across the US. However, statistics are actual proof that Florida is home to a few of the deadliest highways in the nation. According to a report published by WFLA NBC News Channel 8, traffic data from all US states was analyzed to determine where the highest number of fatal auto accidents occur. Researchers crunched the numbers and ranked the Top 20, finding that three of them are in Florida. Besides the individuals who were killed, thousands of other victims are injured on these same roads annually.

For many people who hear about highways being extremely dangerous, the first idea is to avoid them entirely. Not everyone can do so, but it is helpful to realize why collisions occur on these roads so frequently. If you were involved in a crash, retaining a Miami car accident attorney should be a priority.

Three Deadliest Roads in Florida

Facts to Know as a Passenger Injured in a Miami Car Accident

Published on: February 17, 2023 | by Gerson & Schwartz, P.A.

Considering the dense population in South Florida, it is not surprising that more than one-third of all motor vehicle accidents occur in the counties of Miami-Dade, Palm Beach, and Broward. The Florida Department of Highway Safety and Motor Vehicles (FLHSMV) reports there were more than 123,000 crashes in the region in 2022, and the figures for 2023 are on track to reach this total by the end of the year. Of these collisions, around 43,250 are injury-causing, leading to bodily harm for almost 64,600 victims. Based on the data, you can guess that many of the people who are hurt in Miami car accidents are passengers in the involved vehicle.

Passengers do have rights under Florida law, but the legal process can be more complex when it comes to insurance questions. This is because of the state’s no-fault insurance law, which requires all motorists to carry Personal Injury Protection (PIP). A Miami car accident lawyer can explain your remedies, but a summary is useful.

You must go through your own PIP. If you own a vehicle and follow the law by purchasing the required auto insurance policy, you are covered as a passenger in someone else’s car. In fact, you must file a claim with your own insurer in such a situation. Through PIP, you can recover up to 80 percent of all reasonable medical costs and expenses related to the accident. If you miss work because of your injuries, PIP will pay up to 60 percent of lost wages.