Personal Injury

Three Laws Victims of Miami Maritime Accidents Need to Know

Published on: May 13, 2022 | by Gerson & Schwartz, P.A.

Due to its location, climate, and ease of access to the Atlantic Ocean, Caribbean Sea, and other major waterways, it is no surprise that Miami is a major shipping and cruising hub. In fact, the Port of Miami is one of the busiest cargo ports in the US, and it is the largest passenger port in the world. The sprawling facilities located in Biscayne Bay account for more than 334,000 jobs and bear an economic impact of $43 billion for the State of Florida every year.

Working around harbors and watercraft of all sizes is dangerous, so these 334,000 maritime employees are putting their lives and safety at risk every workday. The potential for injuries and even life-threatening accidents is high, so it is reassuring to know that there are several laws that protect you. The key is knowing which ones apply to your situation, and a Miami maritime accidents lawyer can explain the details. Your circumstances may trigger:

The Jones Act

Florida Truck Accidents Caused by Improper Loading

Published on: April 22, 2022 | by Gerson & Schwartz, P.A.

Trucking is the lifeblood of the US economy, transporting the consumer goods, construction materials, medical supplies, vehicles, and many other essential products we rely on for home and work. Like any other vehicle sharing the road, large trucks are involved in their fair share of accidents. The Florida Department of Highway Safety and Motor Vehicles (FLHSMV) reports that, in South Florida alone, there are almost 16,500 crashes annually that include an 18-wheeler, semi, or other large commercial motor vehicle (CMV). Dozens of individuals are killed, while another 3,300 suffer injuries that carry extreme physical, emotional, and financial losses.

There are many different factors that people commonly point to when determining causes of truck crashes, such as speeding, texting, or erratic lane changes. However, one issue you might not consider is how the CMV cargo could play a role in a collision. You should talk to an attorney about Miami truck accidents caused by improper cargo loading, especially since the complications could impact your rights.

Multiple Parties to Pursue

Statistics on Intersection Car Accidents in Florida

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

You might not give much thought to the countless intersections you turn on or pass through as you navigate your way throughout South Florida roadways, but there are risks involved with every encounter. According to the Federal Highway Administration (FHWA), around 25% of all traffic deaths and half of all vehicle accident injuries are linked to intersections. Despite clear signage and laws regarding yielding when drivers approach cross-streets, motorists are still careless or unaware of right of way rules.

Florida auto crash laws allow victims to pursue damages from the at-fault driver, so it is comforting to know that you have options for recovering compensation. A Miami intersection car accidents lawyer can explain your remedies, but some additional statistics and causes behind these incidents is useful for understanding the risks.

Detailed Data on Intersection Auto Crashes

April is Distracted Driving Awareness Month: Understanding the Dangers

Published on: April 8, 2022 | by Gerson & Schwartz, P.A.

Even after years of public safety campaigns and issuing tickets for cell phone use, it seems that many motorists could use a reminder on the dangers of texting, talking, and other forms of distracted driving. Once again, the National Highway Traffic Safety Administration (NHTSA) is hosting its annual Distracted Driving Awareness Month this April 2022. The “U Drive, U Text, U Pay” slogan is directed at prevention through pointing out the financial implications, but other details are important for revealing the risks of distracted driving. This risky misconduct causes more than 3,100 fatalities every year and, instead of decreasing, the number of deaths is on the rise.

It may be tempting to grab your phone while behind the wheel, but you are less likely to reach for it when you understand the dangers. While you should consult with a Miami distracted driving accidents lawyer if you are involved in a crash, it is helpful to review some tips in avoiding the temptation.

Why Distracted Driving Increases the Risk of Crashes

Can I Get a DUI on a Bicycle in Florida?

Published on: March 18, 2022 | by Gerson & Schwartz, P.A.

Contrary to popular misconception, YES, you can be arrested for drunk driving while on a bicycle in Florida. The state statute on driving under the influence (DUI) applies to anyone on a vehicle, and the law specifically excludes the word “motorized” when describing the offense. You could be charged if you have a blood alcohol concentration in excess of the legal limit, but officers could also arrest you if they believe your capabilities are impaired by alcohol. If convicted, you face up to six months in jail and a maximum fine of $1,000.

However, the potential for a criminal conviction is not the biggest concern for bicycle riders. Alcohol has the same effects on your mind and body no matter what vehicle you are operating, so you put yourself at risk of serious injuries in a Miami bicycle accident. Some information on the dangers should convince you to avoid riding after consuming alcohol.

Statistics on Drunk Driving and Bike Crashes

Investigation Continues in Deadly Crash at South Beach Café

Published on: March 4, 2022 | by Gerson & Schwartz, P.A.

A South Beach community is reeling after an incident involving an elderly woman who drove her vehicle into a popular outdoor café, killing one man and injuring six others. Miami’s Local 10 News reported on the accident, which occurred during the busy evening hours when the restaurant was packed with diners enjoying their meal on the terrace. Witnesses believe the woman was attempting to parallel park her Bentley when she mistook the “Park” pedal and put the car in reverse. As a result of her confusion, the woman plowed through an embankment, over the curb, and into the outdoor dining space.

The woman is not facing criminal charges, but victims and their families may already be considering legal action through Miami personal injury lawsuits. As the investigation into the deadly accident continues, some of the details are raising more questions than answers.

What liability concepts apply? There are two possible personal injury claims that victims and their families might consider pursuing, as the incident encompasses both premises liability and motor vehicle accident concepts. However, the basis for liability is the same: These accidents happen because of negligence, so victims must prove that the incident occurred because a party failed to exercise reasonable care.

Stages of Bedsores Among Miami Nursing Home Residents

Published on: February 18, 2022 | by Gerson & Schwartz, P.A.

When you trust a Miami nursing home to provide for the health and safety of residents, it is horrifying to find out that your loved one developed bedsores because of misconduct. Statistics from the US Centers for Disease Control and Prevention (CDC) shed some light on the severity of the problem:

Anywhere from 2% to 28% of residents in assisted living facilities have developed bedsores, also termed pressure ulcers.
Individuals living in a nursing home for less than 12 months were more likely to develop these wounds than those with longer stays.

FAQs About the Ghislaine Maxwell Conviction and Civil Suits

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

It took a jury five days to reach a verdict in the criminal case against British socialite Ghislaine Maxwell, who was charged for her role in grooming and luring minor girls to serve the sexual exploits of financier Jeffrey Epstein. On December 29, 2021, Maxwell was convicted on 5 of 6 counts. The Miami Herald reported on January 15, 2022 that sentencing will take place at a hearing in June, at which the US District Court judge will decide how long she spends behind bars. Each count ranges from five to 40 years in federal prison.

The conviction against Maxwell means closure for many of Epstein’s victims, but it also prompts questions about civil remedies linked to criminal cases. Many people will also wonder whether it is possible to hold Maxwell accountable when she did not directly cause harm. A Miami sexual assault victims attorney can describe the details, but some answers to FAQs are informative.

How does a conviction impact a civil lawsuit?

Is the Spinal Cord an Organ?

Published on: January 7, 2022 | by Gerson & Schwartz, P.A.

You know the importance of your body’s most critical organs: The heart, brain, lungs, and many others are responsible for basic functions, and your life would be changed forever if they were harmed by trauma. The medical definition of an organ is any part of the body that carries out special functions, but the spinal cord is sometimes not included on the list. The Resource Center for Brain and Spinal Cord Injuries offers two opinions on the matter:

The spinal cord is a group of nerves that serves as a messaging center between the brain and parts of the body, but it does not have a direct impact on other organs.
Due to its common tissue throughout and functioning as a unit to support the rest of the body, the spinal cord is an organ – similar to skin.

Statistics on Gun Violence in South Florida

Published on: December 31, 2021 | by Gerson & Schwartz, P.A.

There can be no question that gun violence is a problem nationwide, but a look at statistics sheds some light on the issue in Florida. According to the Florida Department of Law Enforcement (FDLE), more than 110,000 people are arrested statewide for such crimes as manslaughter, assault, robbery and homicide. Firearms were used in 74% of the murders, 36% of robberies, and more than one-quarter of assaults. If you were hurt or lost a loved one to gun violence, it is encouraging to know that criminal laws are tough on offenders.

However, seeing your assailant sentenced to jail time and other punishment does nothing to compensate for the extreme losses you suffer. To recover monetary damages, you must seek civil remedies – often against a party you might not expect. A Miami crime victims lawyer will guide you through the process, but additional figures on shootings may be helpful.

Additional Statistics on Guns and Violent Crime