Personal Injury

Four Laws That Impact Your Florida Truck Accident Claim

Published on: December 17, 2021 | by Gerson & Schwartz, P.A.

It should come as no surprise to learn that truck accidents are some of the most deadly, devastating incidents occurring on the nation’s roadways, but a key statistic might shock you: According to the Federal Motor Carrier Safety Administration (FMCSA), Florida places third among all US states when it comes to fatal truck crashes. There are more than 300 collisions involving semis, 18-wheelers, tractor-trailers, and other large commercial vehicles every year, and only Texas and California rank higher. Hundreds of thousands of victims also suffer serious bodily harm in the 102,000 total injury-causing truck accidents nationwide.

Fortunately, victims and their families have the authority to pursue the at-fault driver in a truck crash. As with any legal matter, there are multiple laws that apply and some of them are important to know. A Miami truck accident lawyer will address the details, but take note of the following issues that impact your claim.

Florida Fault Laws

How Lane Splitting Affects Florida Motorcycle Accident Claims

Published on: November 26, 2021 | by Gerson & Schwartz, P.A.

Florida is one of just a few locations within the US where the weather is perfect for motorcycle riding throughout the year. The long riding season is perhaps why the state ranks high for accidents. According to the Florida Department of Highway Safety and Motor Vehicles (FLHSMV), there are around 9,000 motorcycle accidents every year. More than 23% occur in South Florida, leading to dozens of fatalities and hundreds of injured victims. Various causes and factors contribute to these collisions, including speeding, failure to yield, and other forms of driver negligence.

However, motorcyclists are required to abide by the same traffic laws as other motorists, so they can also be at fault in crashes. One maneuver used by some riders is the subject of some controversy — lane splitting. This practice is illegal in Florida, which is why it could affect your rights if you were hurt. A Miami motorcycle accidents lawyer can explain the details, but an overview is helpful.

Florida Traffic Rules on Motorcycle Operation

South Florida’s Most Dangerous Roads

Published on: November 19, 2021 | by Gerson & Schwartz, P.A.

Even with advancements in auto safety, increased enforcement of traffic laws, and cracking down on distracted driving, car accidents still occur in South Florida at an alarming rate. The Florida Department of Highway Safety and Motor Vehicles (FLHSMV) reports that there are more than 65,000 auto crashes in Miami-Dade County alone, causing almost 300 fatalities every year. Another 32,000 victims are injured in traffic collisions, and their losses can be devastating. In addition to the physical pain, medical bills, pain and suffering, and other consequences add up.

Various factors are at play when it comes to assessing the safety risks on county thoroughfares, local city streets, and highways. You can trust a Miami highway car accidents attorney to protect your rights if you were involved in a collision on any of South Florida’s most dangerous roads. When you know where they are located, you might understand why collisions are a common occurrence in these areas.

I-95 and Florida’s Turnpike

Does Florida PIP Insurance Cover Bicycle Accidents?

Published on: November 5, 2021 | by Gerson & Schwartz, P.A.

Bicycle accidents may not be as common as other traffic-related collisions, but they do tend to cause a disproportionate number of fatalities and injuries. According to the Crash Dashboard operated by the Florida Department of Highway Safety and Motor Vehicles (FLHSMV), there are almost 6,700 total bicycle accidents statewide every year; in 95% of them, at least one person is killed or injured. It does not take a degree in physics to know that the person on the bike will typically suffer the most devastating harm. If you were hurt in a bicycle accident, you may wonder about your legal options versus the at-fault motorist.

Fortunately, you do have remedies for recovering compensation, and they fall under state auto insurance laws. Florida is a no-fault jurisdiction, so motorists are required to carry Personal Injury Protection (PIP) insurance to cover their own injury-related losses. These requirements impact your rights as a victim, and a Miami bicycle accidents lawyer can explain the details. Answers to common questions about Florida PIP insurance in bike collisions may also be useful.

What Does “No Fault” Mean?

Will New Safety Features Reduce E-Scooter Accidents in Miami?

Published on: October 29, 2021 | by Gerson & Schwartz, P.A.

If you are one of the many South Florida residents that use e-scooter sharing services on a regular basis, you are probably thrilled to know that Lime is back in Miami after a short hiatus. South Florida’s Local 10 News reported that many e-scooter programs were suspended in December 2020 after city officials identified numerous safety concerns. With the system that was in place, underage riders were able to access the vehicles, there were no helmets available, and many users were doubling up. Lime conducted an overhaul of its operations with safety in mind, so Miami commissioners agreed to allow the company to resume its -scooter sharing services.

However, Lime also revamped the vehicles themselves with new features intended to protect the rider. Bird, Lyft Scooters, and related companies have followed suit by upping their focus to make them sturdier, more stable, and less prone to Miami e-scooter accidents. Some of the recent safety advancements include:

Damage Control

A “Few Too Many” Could Mean Harsh Consequences for Florida Accident Victims

Published on: October 22, 2021 | by Gerson & Schwartz, P.A.

When happy hour extends well into the evening, you know that it is a huge mistake to get behind the wheel while intoxicated. What you may not realize is how being drunk can impact your rights in an accident, even when you were not driving. Under basic personal injury laws, individuals and entities can be held liable for harm caused by negligent conduct. However, the state comparative fault statute also takes into account the victim’s misconduct. If you were hurt by someone else’s negligence, your compensation might be reduced by the amount of fault attributable to you.

Therefore, you might expect to lose out on a portion of your monetary damages if you were hurt because of your own negligent acts. Unfortunately, another statute may apply to completely bar compensation for victims who were drunk when injured. A Miami personal injury attorney may be able to help overcome the impact of this law, but you should understand how it works.

Florida’s Alcohol or Drug Defense Statute

Florida Nursing Home Abuse: Signs Family Members Cannot Ignore

Published on: October 8, 2021 | by Gerson & Schwartz, P.A.

It is horrifying to learn that the assisted living facility that you carefully researched, paid, and trusted to care for an elderly loved one has shirked its legal obligations. Nursing homes have a duty to provide proper care, but statistics indicate that many fall short. Data from the US Centers for Disease Control and Prevention (CDC) reveals that around one in 10 individuals aged 60 years and older has experienced some form of elder abuse, though the true figures are likely much higher because of reporting issues. Experts estimate that just one in 24 instances of misconduct are communicated to authorities. The nature of elder care in assisted living centers typically puts family members in the position to raise concerns about the resident, who may suffer from dementia, mental decline, or related medical conditions. It is critical to contact a Miami nursing home abuse lawyer right away if you spot the following signs of nursing home abuse that you cannot ignore.

Physical Abuse

Some types of bodily harm are visible, so you are right to be disturbed if you notice bruises, abrasions, or lacerations. Still, you must remain vigilant regarding the less obvious signs of physical abuse in assisted living facilities, such as:

Half of All Miami Child Pedestrian Deaths are Teens

Published on: September 24, 2021 | by Gerson & Schwartz, P.A.

Parents of young children take extreme precautions to protect against pedestrian accidents by keeping them in the stroller, holding their hands, and watching like a hawk around Miami traffic. As the children get older and appreciate the risks of being hurt, you probably believe that these safety measures become less urgent. This is tragically not the case, and the statistics may come as a shock: According to Safe Kids Worldwide, a nonprofit dedicated to protecting children from accidents, the death rate for teens in pedestrian accidents is double that of younger kids.

Sadly, these incidents are preventable and typically only occur because of motorist negligence. If your child was hurt, a Miami pedestrian accidents lawyer can explain your legal options. However, there are numerous safety tips that can reduce the threat, and they are most effective when both parents and teens are on board. Some additional statistics are informative on how these tragedies occur.

Data Reveals the Dangers of Teen Pedestrian Accidents

What to Look for When Shopping for Car Seats in Miami

Published on: September 3, 2021 | by Gerson & Schwartz, P.A.

It is the law in Florida that children under 5 years old must be secured in an appropriate restraint device when a vehicle is underway, but it can be overwhelming to choose among the many different options available in stores. While parents must take into consideration state requirements for car seats based upon age, you will also be faced with choices that factor in height, weight, cost, and many others. You could spend hours researching when you do not have guidance on making informed decisions.

For parents who need assistance with choosing the right car seat for their children, it may be useful to review some basics. The following information may help when you are shopping for restraint devices that will best protect against child injuries in a Miami car accident.

Four Types of Child Restraints

Injuries NOT Caused by Negligence: Overview of Florida Personal Injury Laws

Published on: August 13, 2021 | by Gerson & Schwartz, P.A.

The vast majority of fatal and injury-causing accidents in Florida occur because of negligence, but the term means more than mere carelessness in the practice of law. Negligence is a theory of liability that requires a claimant to prove certain sets of facts to prevail in a personal injury claim. The standard is how a reasonably prudent person would act under the same circumstances as the accident in which you were injured. A departure from this standard may represent a breach of the legal duty of care, entitling you to recover damages from the at-fault party.

However, not all personal injury claims are based upon negligence. Intentional misconduct and acts done with knowledge of the dangers may NOT fall under this concept, but you may still have legal remedies. It is critical to consult with a Miami personal injury lawyer about your options, and read on for a summary about accidents caused by factors other than negligence.

Basic Definitions for Personal Injury Liability