Car Accidents

The Next Dangerous Distraction: Driving with a Pet

Published on: December 23, 2022 | by Gerson & Schwartz, P.A.

Millions of American households are home to dogs, cats, fish, ferrets, birds, and every other swimming, flying, or crawling pet you can imagine. These creatures are a part of the family for many, so pets often accompany their owners on trips around Miami. Dogs, especially, are proud to sit perched on their owner’s lap and take in the view, not realizing the extreme distraction they cause. Motorists who drive while interacting with a pet contribute to the number of distracted driving accidents, and the Florida Department of Highway Safety and Motor Vehicles (FLHSMV) reports on the risk. Every year, there are more than 265 fatal crashes and 49,000 injury-causing collisions linked to distracted driving.

Driving with a pet may not lead to a ticket in the same way as using a phone, but the dangers are profound with any type of distraction. You do have rights under Florida law, so make it a priority to consult with a Miami distracted driving accident attorney if you were hurt. An overview of the risks is also useful.

Pets and the Impacts on Driving

Do Advanced Vehicle Safety Features Reduce Miami Car Accidents?

Published on: December 9, 2022 | by Gerson & Schwartz, P.A.

You might expect that the risk of auto crashes is lower when a vehicle is equipped with the latest safety technology, but the data provides solid, numerical proof of this point. According to the Insurance Institute for Highway Safety (IIHS), automatic emergency braking reduces rear-enders by up to 56%. At the same time, blind spot detection decreases the likelihood of a lane-changing accident by 23%. One of the most profound impacts comes from rear automatic braking. When functioning in conjunction with a rearview camera and parking sensors, the potential for a collision while in reverse drops 78%.

Knowing these statistics probably places you in one of two camps: You either have a vehicle with advanced safety features, or you want to make sure your next one does. The data is clear that this technology is your best bet for reducing Miami car accidents and protecting occupants. To become better acquainted with available options, have a look at the categories of advanced safety features.

Collision Warnings

What a Motorist’s “Driving Personality” Says About Miami Car Accidents

Published on: December 2, 2022 | by Gerson & Schwartz, P.A.

You have heard about how your personality impacts relationships and professional opportunities, but researchers have discovered another area where these traits affect your life. The American Safety Council reported on a study of driving personalities, basically a psychological assessment of the state of mind of motorists when operating a vehicle. Researchers have identified seven different driving personalities, though they did stress that the categories are fluid. Drivers could draw traits from multiple personalities, especially under varying traffic conditions.

As you can probably guess, certain driving personalities are more likely to cause or contribute to auto collisions. Their attitudes put all motorists at risk, so it is good to know you have legal options under Florida law if you were hurt. A Miami car accident lawyer can assist with pursuing the at-fault driver for compensation, including medical costs, pain and suffering, and emotional distress. Meanwhile, here are a few of the driving personalities to avoid when you can – and avoid being one yourself.

The Know-it-All: These were some of the most annoying kids in your class when you were younger, and they are no better when they get on the road. Know-it-Alls considers themselves experts on every traffic law in Florida, so they are always in the right regarding traffic situations. Their self-aggrandizing attitude also ensures they will communicate with other drivers who are “wrong,” often opening a window to scream at another motorist.

Right of Way Laws Many Florida Motorists Do NOT Know

Published on: October 21, 2022 | by Gerson & Schwartz, P.A.

In an ideal world, all road users would strictly follow traffic regulations and drive defensively to ensure the safety of others. Unfortunately, statistics indicate that this perfect scenario does not exist. According to the Florida Department of Highway Safety and Motor Vehicles (FLHSMV), there are more than 401,500 total motor vehicle crashes across the state every year. Almost 129,000 of these collisions occur in South Florida, which amounts to around 350 car accidents daily. In any given 24-hour period, three people lose their lives, and 185 victims are injured in auto crashes.

Many drivers rely on signage to guide them in following traffic laws, but there are some regulations that you will not see posted. An important set of rules governs the right of way, a concept that is sometimes misunderstood. Failures in this area are a top cause of collisions, so trust a Miami car accident lawyer for help with proving fault. You can also benefit from reviewing the right-of-way laws many Florida motorists do not know.

Intersections With Stop Signs

Deadliest Car Accidents in Miami

Published on: September 30, 2022 | by Gerson & Schwartz, P.A.

In a densely populated and heavily trafficked urban area like Miami, you expect that the number of car accidents would be somewhat high. However, statistics from the Florida Department of Highway Safety and Motor Vehicles (FLHSMV) are still shocking. Of the 401,500 motor vehicle crashes that take place in the state every year, almost 128,800 – around one-third – occur in South Florida. There are approximately 850 people killed in Broward, Palm Beach, and Miami-Dade Counties, and almost 67,000 victims sustained injuries ranging from minor to severe.

No one wants to be involved in an auto accident, but there are some that lead to worse consequences than others. Physics, speed, road, weather conditions, and many other factors may result in crashes that are noteworthy due to the devastation they tend to cause. You should always rely on qualified legal help for your claim, but make it a priority to consult with a Miami car accidents lawyer if you were hurt because of the following:

Wrong-Way Crashes: When someone is driving against the flow of traffic, you can imagine the tragic results. Often, these accidents are the result of a drunk driver entering a highway from the exit ramp or driving the wrong way down a one-way street. However, elderly motorists and those from out-of-town can also become confused by signage, leading to wrong-way driving.

New Statistics on Uber and Lyft Accidents are Shocking

Published on: September 9, 2022 | by Gerson & Schwartz, P.A.

Millions of people rely on ridesharing services like Uber and Lyft for short-distance trips because of their convenience and affordability. You know the risks of auto collisions exist when you are an occupant of any vehicle, but you might be surprised to learn about recent statistics. Data on Uber and Lyft accidents indicates that 1 in 4 crashes that occur in medium to large US cities are linked to ridesharing. This category includes Miami, where there is extensive use of transportation network companies – or TNCs as they are defined by Florida law.

The statistics are disturbing to anyone who uses ridesharing services. However, there are multiple ways you could be involved in an Uber or Lyft collision, whether you were a passenger, occupant of another vehicle, or another road user. Fortunately, these TNCs are subject to insurance requirements, opening the door to legal options if you were hurt. A Miami Uber accident claims attorney can explain details, and some basics are useful.

Overview of Uber Accident Liability

Raising a Safe Teen Driver: Tips for Florida Parents

Published on: July 21, 2022 | by Gerson & Schwartz, P.A.

Every teen looks forward to the day they finally get their driver’s license, but this same rite of passage instills fear and dread in many parents who appreciate the risk of teen car accidents. If your child is or will be driving soon, your concerns are understandable. According to the US Centers for Disease Control and Prevention (CDC), traffic crashes rank second among the leading causes of death for teens, with around seven fatalities every day in the 13- to 19-year-old age group. Motorists aged 16 to 19 years old are also three times as likely to be involved in a deadly car accident, as compared to drivers aged 20 and up.

The good news is that teen auto crashes are preventable. Of course, you know the risk is reduced when a parent is along for the ride, but you will not always be sitting shotgun to supervise. The best strategy is to focus on raising a safe, responsible driver who makes wise decisions when you are not around. The following tips can guide you in protecting your teen from Miami car accidents.

Choose a safe vehicle

Verdict in Tesla Case Shows How Comparative Fault Works in Florida

Published on: July 15, 2022 | by Gerson & Schwartz, P.A.

Though the electric vehicle automaker will still have to pay compensation to the plaintiffs, Tesla recently gained a victory of sorts after a jury’s verdict in a Florida auto defects case. According to NBC Miami News Channel 6, jurors initially awarded $10.5 million to the family of a teen victim who was killed in a fiery, single-car collision in 2018. Then, after rendering a verdict in favor of the plaintiff, the amount was then reduced to $105,000 through application of the state law on contributory negligence. The plaintiff had claimed that the lithium ion batteries in the Tesla Model S were defective, leading them to burst to flames upon impact. However, the jury found that the deceased victim was partly to blame for speeding.

The victim’s family may be disappointed with the outcome, while Tesla breathes a sigh of relief for not having to pay the full $10.5 million in damages. Still, the case is useful for showing how Florida’s statute on comparative fault in product liability matters. A Miami auto defects attorney can explain how the law may impact your rights, though a legal summary is useful.

Pure Comparative Fault Reduces Compensation

Dram Shop Laws in Florida

Published on: June 24, 2022 | by Gerson & Schwartz, P.A.

There are multiple concepts under Florida personal injury laws that extend liability to individuals or entities other than the negligent party, which essentially impute fault to a party that might not even be anywhere near the scene of an accident. One is the principle of dram shop liability, a factor in many drunk driving collisions. This theory states that a bar or tavern may be held accountable for overserving someone who later causes a crash. Florida does have a dram shop law, but not one that supports the interests of DUI accident victims: The statute provides that an establishment cannot be liable under such circumstances.

However, a ban on dram shop liability does not preclude other legal remedies for victims. It is still possible to recover compensation for your losses, and a Miami drunk driving accident lawyer can assist with challenges. Some information on your options and tips on what to do after a DUI crash are also helpful.

Legal Remedies for Drunk Driving Collisions

Miami-Dade County to Pay $4 Million for Catastrophic Spinal Cord Injuries

Published on: June 10, 2022 | by Gerson & Schwartz, P.A.

Six years after suffering catastrophic injuries in a South Florida car accident, a young girl and her family will finally gain some financial relief for their devastating financial, physical, and emotional losses. Miami NBC-affiliate WFLA News Channel 8 covered the story, reporting that the victim’s spinal cord was severed in a collision with a police cruiser. The officer driving the vehicle was speeding through an intersection without properly working traffic lights as Hurricane Matthew was bearing down on the state in 2016. The girl, an infant at the time, was traveling in a vehicle driven by her mother when it entered the intersection. The police cruiser smashed into the car, causing an impact that severed the victim’s spinal cord.

The $4 million was reached by settlement of the parties, and it is the largest sum Miami-Dade County has ever paid for an accident claim. You should consult with a Miami catastrophic injuries lawyer if you or a loved one suffered harm to the brain, spinal cord, or spine, but a few points about this case are informative.

Distribution of the Settlement Award