Miami Personal Injury Lawyer Blog

Dram Shop Liability and Other Kinds of Vicarious Liability

Published on: October 13, 2023 | by Gerson & Schwartz, P.A.

It only makes sense to file a personal injury lawsuit if the party you are suing has enough money to pay compensation for the financial losses you suffered due to their negligence. Personal injury lawsuits are not simply a game of laser tag where you take out your aggression against everyone who has ever done you wrong, nor are they a game of Whack-a-Mole, in which you clobber everyone within your reach until someone gives you money. In fact, personal injury lawyers help clients get their money by filing insurance claims at least as often as they sue. Identifying the parties legally responsible for the accident that led to your injuries is part of most clients’ first consultation with a personal injury attorney. If the driver who hit you is too broke to be worth suing, a Miami car accident lawyer can help you identify other parties that might be legally responsible for the accident.

The Concept of Vicarious Liability

Vicarious liability is where one person or entity is legally responsible for the actions of another. In car accident cases, plaintiffs most often invoke the doctrine of vicarious liability when the driver that hit them was driving as part of his or her job, and the vehicle belonged to the employer. For example, if you get into a collision with an Amazon delivery van and suffer serious injuries, you have the right to name Amazon as a defendant in a personal injury lawsuit arising from the accident.

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.

New Law Limits Liability for Florida Apartment Complex Owners

Published on: September 22, 2023 | by Gerson & Schwartz, P.A.

Many Miami residents choose to rent their residences, taking advantage of the fact that the landlord handles maintenance, common areas, amenities, and other tasks. You have expectations of safety in the place that you call home, so security is at the top of the list when you consider landlord responsibilities. Proper security measures, including locks, lighting, and cameras, are critical in an urban area like Miami, where criminal activity occurs.

Until recently, residents have been able to hold landlords accountable for injuries from criminal attacks under the concept of premises liability. When the property owner is negligent with security, victims can seek monetary damages for their losses. A new law imposes some limitations on this theory of liability, so you should be aware of how it affects your rights. A Miami premises liability lawyer can assist with the legal process, but you can read on for an overview.

How the Law Works

Liability for Catastrophic Cheerleading Injuries in Miami

Published on: September 15, 2023 | by Gerson & Schwartz, P.A.

Cheerleading has become an exciting, thrilling sport for children of all ages, and it is no longer the simple leaps, high kicks, and shaking pompons in support of the team. Members of the squad are being tossed 25+ feet in the air, executing complicated aerial gymnastics as they fly. It is no wonder that cheerleading accidents are common, but data from the National Institutes of Health (NIH) is surprising. Around 35,000 cheerleaders present to emergency rooms every year, and cheerleading injuries represent more than half of all catastrophic injuries among female athletes. In fact, the rate of catastrophic injuries among cheerleaders exceeds injuries to male football players.

If you or your child was hurt in a cheerleading accident, you may wonder about your rights under Florida personal injury laws. Victims do have remedies, so it is critical to pursue them to ensure rightful compensation. You should make it a priority to retain a Miami catastrophic injuries attorney for assistance, but some information on the risks and liability for cheerleading accidents is useful.

Types of Catastrophic Injuries from Cheerleading Accidents

Peloton Sued for Man’s Death While Using Popular Bicycle

Published on: September 8, 2023 | by Gerson & Schwartz, P.A.

Many people do not realize how dangerous exercise equipment can be, but another incident involving a Peloton device has resulted in legal action for wrongful death. CBS News Miami reported that a mother filed a lawsuit for her son, whom she claims was killed by a defective, dangerous Peloton exercise bicycle. The complaint alleges that the victim was following along with an online “core” workout, which required him to get off the bike for floor exercises. As he was dismounting the bicycle, it spun around and struck his neck and face. He died because the machine severed his carotid artery, killing him instantly.

The basis of the lawsuit is product liability, in which a manufacturer can be held accountable for putting dangerously defective items into the homes of consumers. There is a specific type of claim in this case, and it is possible that Peloton could defend the allegations. A Miami products liability attorney can assist with your case if you were injured, but a look at the recent lawsuit is informative.

Product Liability for Failure to Warn

Major Updates in Camp Lejeune Claims Offers Elective Option

Published on: September 1, 2023 | by Gerson & Schwartz, P.A.

If you have filed or are considering filing a claim as a victim of water contamination in Camp Lejeune, you might already realize that the litigation is moving along at a snail’s pace. The Camp Lejeune Justice Act was passed in August 2022, authorizing members of the military to seek damages after developing cancers and other medical disorders due to exposure to contaminated groundwater. To date, no claims have been resolved. However, the US Department of Justice (DOJ) recently announced the availability of the Elective Option, which could get eligible victims paid quickly.

The Elective Option is a positive development as far as expediting compensation, but it may not be the best option for everyone. There are still many unknowns, and you may not receive the monetary damages you deserve. It is wise to consult with a Miami Camp Lejeune claims lawyer for details on the Elective Option and read on for an overview.

How the Elective Option Works

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

Employer Liability for Truck Accidents in Florida

Published on: August 18, 2023 | by Gerson & Schwartz, P.A.

Truck accidents thankfully make up a small number of the total motor vehicle crashes that occur on Florida roads every year, but statistics show that they are still massive in their devastation. The Federal Motor Carrier Safety Administration (FMCSA) reports that there are more than 10,300 crashes involving semis, 18-wheelers, tractor-trailers, and other large commercial trucks every year statewide. Around 350 people are killed, while another 5,300 victims suffer injuries ranging from minor to catastrophic.

You may be aware that you have rights under Florida law, and the most logical party to hold accountable is the truck driver who caused the accident. However, a trucking company or other employer may also play a key role in terms of putting a safe truck and operator on the road. Failures with these responsibilities could also cause a truck crash, even when the employer is miles away from the collision. Your Miami truck accident lawyer will explain reasons to pursue the company as a potential party because it may be liable for the following.

Negligent Operations

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