Miami Personal Injury Lawyer Blog

Four Most Dangerous Types of Truck Accidents in Miami

Published on: July 9, 2021 | by Gerson & Schwartz, P.A.

The sheer size of a semi, 18-wheeler, or other big rig is an indication of the massive devastation that can result from a truck accident, but statistics are solid proof of the dangers. The Florida Department of Highway Safety and Motor Vehicles (FLHSMV) reports that there are 8,706 commercial vehicle collisions every year in Miami-Dade County alone, causing around 24 fatalities and almost 1,400 injuries to victims. Plus, the highest percentage of people killed in truck crashes are occupants of the smaller vehicle, at 68%.

While truck accidents may be caused by many of the same factors as other motor vehicle crashes, there are unique considerations when a longer, heavier, wider vehicle causes a collision. It is essential to discuss your rights with a Miami truck accidents lawyer if you were involved in any of the most dangerous types of crashes in Florida.

Underride Collisions: This type of truck crash occurs when a smaller vehicle following the semi cannot stop in time to avoid an impact and becomes wedged underneath. Often, the smaller car’s roof is shorn off, so underride accidents are often fatal. Trucks should be equipped with underride guards that prevent a smaller auto from traveling beneath the tractor or trailer. However, not all trucks have this safety equipment installed, and improperly installed guards can also lead to devastating injuries.

Teen Driving Statistics Highlight Dangers for Miami Motorists

Published on: July 2, 2021 | by Gerson & Schwartz, P.A.

Whether you attribute it to lack of experience, tendency to text and drive, or other risky behavior, the popular assumption persists that teens are more dangerous behind the wheel. Unfortunately, this is one hypothesis that does carry some truth. According to the National Highway Traffic Safety Administration (NHTSA), more than 2,000 people are killed in accidents involving teen drivers annually, comprising 8% of all fatal crashes. However, to put things in perspective, note that teenagers amount to just 5% of total drivers in the US.

These and other statistics are disturbing for parents of younger drivers, but the numbers are also cause for concern for other motorists who share the road with them. It is a comfort to know that Florida auto crash laws apply regardless of age, and a Miami car accidents attorney can assist with your legal options. Some additional data on teen motorist collisions is also informative.

Statistics on Teen Drivers and Auto Crashes

Champlain Towers Condo Collapse: Early Assessment of Causes, Contributing Factors in the Surfside Tragedy

Published on: June 25, 2021 | by Gerson & Schwartz, P.A.

What should have been a balmy seaside morning in Miami quickly turned to chaos, confusion, and horror on June 24, 2021 as a 12 story, 130 unit condominium Champlain Condominium building suddenly collapsed. Miami’s NBC affiliate News Channel 6 covered the incident, with at least one witness describing the Champlain Towers South Condo as falling flat like a pancake into a pile of rubble. First responders arrived from Miami Beach and Miami-Dade County to assist with the search and rescue effort which will continue and be followed by a thorough investigation. The level of mass destruction demands a meticulous probe into how such a tragedy could happen.

The focus right now is on search and rescue, helping survivors, helping displaced residents and comforting families. In time, victims and their family members will want to understand their legal rights and remedies. Many of the issues will revolve around Florida premises liability concepts, potential violations of the Florida Building Code, and other details which will depend upon the results of officials’ investigation. At Gerson and Schwartz, our hearts go out to all victims and those affected. We continue to investigate and gather information. Still, here is a summary of the information available now.

Updated Facts on the Champlain Condo Building Collapse in Surfside

Peloton Finally Issues Recall After U.S. Government Pressure

Published on: June 18, 2021 | by Gerson & Schwartz, P.A.

Most manufacturers would take immediate action after their defective products attract the attention of the federal government, especially after several fatal and injury-causing accidents. However, the makers of Peloton treadmills took the unusual step of defying officials until recently. The US Consumer Product Safety Commission (CPSC) issued its first urgent warning regarding the company’s Tread and Tread+ models on April 17, 2021; Peloton initially refused to voluntarily recall the defective products, and only did so a month later after intense negative publicity.

The recall is crucial for preventing additional accidents, but the harm is already done for those who suffered injuries from defective Peloton treadmills. Victims may have a claim against any company that manufacturers dangerous products, and a Miami products liability attorney can explain in more detail. However, some additional information about the recent CPSC action may be helpful.

Details of the Peloton Recall

Surprising Facts About Speed and Driver Reaction Time in Miami Car Accidents

Published on: June 9, 2021 | by Gerson & Schwartz, P.A.

Miami drivers are well-aware that speeding increases the potential for serious auto collisions, but you may not understand the specific implications until you look closer at some of the underlying factors. Though it impacts the level of damage and severity of injuries, the National Highway Traffic Safety Administration (NHTSA) also points out how speed affects reaction time, which in turn affects your braking time. You might be surprised at the distance a vehicle can travel in the mere moments between identifying a threat and being able to stop.

Regardless of whether you were hurt in a collision based upon speeding or some other form of negligence, it is essential to work with a Miami car accident lawyer who can guide you through the legal process. Some facts about speed and driver reaction time may also be helpful.

Speed affects multiple driving factors.

What Victims Need to Know After a Grubhub Collision in Miami

Published on: June 2, 2021 | by Gerson & Schwartz, P.A.

The mobile app-based food delivery market has expanded considerably over the last five years, but business exploded when pandemic lockdowns limited restaurant options for Miami residents. As restrictions ease, there are still shocking statistics on food delivery apps and services:

In sum, food delivery services of all sizes raked in a total of $26.5 billion in revenue in 2020. By 2025, food delivery apps should reach revenues in excess of $42 billion.
The big four in food delivery apps are Grubhub, DoorDash, Uber Eats, and Postmates.

National Autonomous Vehicle Day is May 31: Weighing Safety Pros and Cons

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

It seems as if there is a national day dedicated to anything you can imagine, from your favorite foods and activities to raising awareness to important issues. With the innovation and advancements in the area of self-driving cars, you may not be shocked to learn that one of the newest annual events is National Autonomous Vehicle Day, occurring this May 31, 2021. Organizers hope to educate the public on the current state of science and technology on automatic autos, as well as to offer inspiration on what the future holds for self-driving vehicles.

Far from being some space-age invention in the distant future, the evolution of computer-guided vehicles is already well underway. The concept of driverless vehicles is certainly controversial because of concerns about safety and the legal implications for auto collisions. It is wise to retain a Miami car accidents lawyer if you were hurt, but you might also be interested to know some pros and cons about autonomous vehicles.

Risks and Dangers Involved with Self-Driving Cars

Four Rules to Follow Before You Can Retain a Miami Car Accident Attorney

Published on: May 21, 2021 | by Gerson & Schwartz, P.A.

While car accidents are a serious problem throughout the state, statistics show that South Florida is one of the most dangerous regions for fatal and injury-causing collisions. According to the Crash Dashboard operated by the Florida Department of Highway Safety and Motor Vehicles (FLHSMV), there are more than 106,000 total crashes in Miami-Dade and Broward Counties every year. Around 500 individuals are killed, while almost 55,400 victims suffer injuries in these incidents.

If you were hurt or lost a loved one in an auto accident, you know that it is important to retain legal representation to assist with your options for relief. However, there may be some lag time as you find the right fit, during which time there are certain issues that affect your claim. As such, there are four rules to follow after a collision but before you have a Miami car accident lawyer to represent you.

Gather as much evidence as possible. If you do not need to leave the scene for medical care, do your best to collect critical proof to support your claim. Your cell phone is an effective tool, so use it to capture images and video of:

Florida’s New Anti-Riot Bill: Surprising Implications for Miami Premises Liability Cases

Published on: May 7, 2021 | by Gerson & Schwartz, P.A.

Amid both fanfare and controversy, a recent anti-riot bill was passed by Florida lawmakers and signed into law on April 19, 2021. NBC Miami News Channel 6 outlined some of the key points of the Combating Public Disorder Act, which aims to crack down on violent, unlawful misconduct stemming from civil unrest. Proponents have argued that the new law protects businesses and supports law enforcement when peaceful protests turn into physical aggression and illegal criminal activity. Opponents contend that the anti-riot law disproportionately affects minorities and amounts to racism, in addition to being a restriction on First Amendment free speech rights.

Regardless of your view of the anti-riot statute in Florida, there are implications that you may not expect if you are pursuing a negligent property owner after being injured. One provision may benefit your claim, while another imposes significant limitations on your legal rights. Your Miami premises liability attorney can describe the implications, but an overview of the anti-riot law may be helpful.

The GOOD: Elimination of a key barrier to civil claims. Government bodies and agencies enjoy sovereign immunity, a legal concept that provides these entities with protection from civil lawsuits. For instance, you typically cannot sue the City of Miami if you slip and fall on municipal property. The anti-riot bill strips sovereign immunity from any government body that interferes with law enforcement in protecting the public during civil unrest. In other words, you could sue Miami if the city defunds the police, and you were subsequently hurt during a riot.

Serious Consequences From Medication Errors

Published on: April 23, 2021 | by Gerson & Schwartz, P.A.

The whole point of taking medications is to treat or relieve a medical condition, so it is unfortunate that the health care providers we trust can commit serious errors. According to a report published by the National Institutes of Health (NIH), an estimated 1.5 million people suffer harm from medication mistakes. Plus, adverse drug events (ADEs) lead to more than 3.5 million physician’s visits, 1 million visits to the emergency room, and 125,000 admissions to the hospital. In all, the society costs hover around $3.5 billion, but the losses to individual patients can be devastating.

If you suffered injuries because of a health care provider’s medication error, it is critical to consult with a Miami medical malpractice lawyer about your legal options. When you review how the specific drug mistakes described below can lead to serious complications, you will understand why.

How Medication Errors Happen