Best Lawyers
Million Dollar Advocates Forum
Best Lawyers 2018
Martindale-Hubbell
Super Lawyers
Justia Lawyer Rating
AVVO
Legal Elite
2019 Top 3 Personal Injury Lawyer in Miami

Miami Car Accident Lawyer

Car Accidents Every personal injury law firm has experience handling car accident and motor vehicle collisions. We do too. Ours span over 49 years with significant results at both the trial and appellate levels. Every car accident lawyer in our firm has successfully represented injured drivers and passengers in every imaginable car accident scenario. From head-on collisions, rear-end collisions, motorcycle crashes, drunk driving accidents, hit and runs, pedestrian accidents, bicycle accidents, accidents with Uber and Lyft vehicles even uninsured and under-insured motor vehicle accident claims. Our attorneys also handle complex car accident cases involving insurance coverage disputes and product liability claims such as defective design and automobile manufacturing defects.

The Miami car accident lawyers at Gerson & Schwartz, PA are also at the forefront of technology in creative use of video, animated, accident reconstruction and computer graphics. Our firm's use of advanced technology is just one of the methods we use to bring about just and successful outcomes for auto, car, and motor vehicle accident claims. Our message is powerful and effective. We strive to obtain maximum case results for all our clients and will pursue all legal remedies on their behalf.

If you or a loved one were injured in a car accident in Miami then don't delay. Contact a Miami car accident lawyer at Gerson & Schwartz today. Our law firm will fight to enforce your legal rights. We also won't hesitate to file a lawsuit if a fair settlement offer is not made. Your case will be tried quickly in court if we are hired to be your attorneys.

Car Accident Statistics in Miami

Florida Auto Injury Attorneys Car Accidents are one of the leading causes of injury and death in Florida. Miami-Dade County leads the state of Florida in both the number of car accidents, number of accident injury cases and most accident related fatalities. In 2018, there were 64,151 auto accidents reported in Miami-Dade County. Nearly a third of the crashes (21,042) resulted in personal injuries to 31,072 individuals. For fatalities, 306 car accidents in Miami-Dade resulted in 324 deaths. Statistically this means that there was one fatality almost every day of the year. Comparing 2017 to 2018, there were slightly fewer car accidents in Miami. However, this is a significant increase from 285 reported fatal crashes in 2017 to the 324 accident related fatalities were reported in 2018.

According to the latest data from the Florida Department of Highway Safety and Motor Vehicles (FLHSMV) as of the second quarter of 2019 there were 90 fatal crashes in Miami-Dade which resulted in 97 fatalities. There were also 16,098 total car accidents in Miami in the first quarter of 2019 which resulted in 5,350 accidents with 7,973 personal injuries reported. Unfortunately, the latest crash data and statistics represent a dangerous surge in the total number of crashes, car accidents in Miami that involve personal injuries and total number of injuries and accident related fatalities. 

Florida Car Crash Statistics

In the state of Florida, there were 401,851 motor vehicle accidents reported in 2018. Of all the reported accidents, almost half of the crashes (166,628) resulted personal injuries to 254,484 individuals. A total of 2,935 accidents with fatalities resulted in the death of 3,150 people. In context, this means there were more than 8 people killed on Florida's roadways for each calendar day of the year. In 2017, a total of 402,385 auto accidents were reported with 166,612 of the crashes causing 254,310 personal injuries reported.

2018 Miami-Dade County Car Crash Statistics
All Crashes64,151
Injuries from All Crashes31,072
Fatalities from All Crashes324

Although the number of accidents decreased slightly from 2017 to 2018, the total number of reported car accidents involving personal injuries and total injuries reported increased. The number of fatal car crashes also saw an increase from the 3,116 fatalities reported in 2017 to the 3,150 deaths reported in 2018.

Through the end of second quarter in 2019 there were 779 fatal car crashes statewide, which resulted in 838 total fatalities, or on average more than 9 fatalities per day across the state. There were also reports of 99,815 total auto accidents in the first quarter of 2019 which resulted in 41,556 injury accidents with 63,138 total injuries reported.

The data does not suggest a definite trend in any degree. Population growth may play a role in more crowded streets and highways. Nevertheless, this does show a public health problem which should be addressed by local and state governments. New motor vehicle laws and safety rules prohibiting texting and other distracted driving from use of hand held devices may have a beneficial impact for Miami and all Florida motorists, pedestrians, bicycle riders and others on Florida roadways over the next few years. 

Public safety studies should be undertaken to measure the effects of distracted driving. In July 2019, Florida's Wireless Communications While Driving Law went into effect. Under chapter 316.305 of Florida statutes texting and driving is illegal on Florida roadways. Hopefully a new trend will emerge from safer vehicle designs and more legal reforms will save lives and human suffering. 

At Gerson & Schwartz P.A. our Miami car accident attorneys remain committed to helping injury victims recover damages to rebuild their lives.

Four of Five Deadliest Highways in the United States are Located in Florida

Four of the top five deadliest highways in the United States are located in Florida. The Miami, Fl. stretch of US 1 is the number one deadliest highway in the United States with over 1,079 motor vehicle related deaths in the last ten years. Second on the list is US 41 located in Tampa. State Road 826 also known as the Palmetto Expressway is located in Miami is the third deadliest highway for fatal car accidents in the United States.

Rounding out the top five deadliest highways in the United States is US 27 with reports of 520 fatal crashes reported according to the Federal Highway Administration. Other notable deadly highways located in Miami are Interstate I-75 (30th) and Interstate I-95 (66th).

Experience and Reputation Count

Many large personal injury law firms that "specialize" in car accident cases simply look at the owner/driver's insurance coverage and turn down severely injured accident victims without more. At Gerson & Schwartz, we welcome inquiries from serious injury and death cases where other car accident lawyers in Miami have superficially looked at and said "No". In many cases, we have succeeded in finding financially responsible persons and other organizations based on vicarious liability. That means money for compensation can be obtained from corporations, employers, partnerships, and independent contractors.

Likewise, hazards on public roadways, construction sites, and other negligent business operations can also create needles dangers leading to auto accidents and motor vehicle collisions. Liability which is not obvious can sometimes be found from third parties based on contracts or just by a prior commitment the injured victim didn't know about. These are all important considerations our law firm analyzes in every case. If we are hired to be your car accident attorneys all potential evidence will be investigated and preserved in order to maximize the full amount of compensation Florida law permits.

When a serious injury or catastrophic car accident changes the life of another the careful selection of a an experienced attorney who has successfully represented other severe accident victims is critical. Remember that when deciding on who you select as your car accident lawyer in Miami upon whom you will be depending on for justice.

Car Accident Negligence and Personal Claims in Florida

To be eligible for compensation from a driver who caused a crash, injury victims need to show that driver was negligent. This means a failure to drive safely. Every motor vehicle operator has a legal duty to drive with reasonable care and in a way that does not put others at risk of injury. The harmful conduct does not need to be intentional. You can win in court by proving distracted driving by someone who was texting behind the wheel, driving while intoxicated, or simply one who violated well known traffic laws such as failing to yield to the right of way, speeding, or disregarding a traffic signal resulting in an accident. Under Florida's Dangerous Instrumentality Doctrine vehicle owners are also legally responsible for damages caused by their motor vehicles even if they were not driving.

The Burden of Proof

Injury victims must prove their claims by the greater weight of the evidence. This is referred to as the burden of proof. Therefore, car accident characteristics such as time, speed, and distance are all important facts to prove negligence of another. Witness accounts and their observations are important and must be documented as soon as possible. 

Proving that you have a permanent injury must also be supported by objective medical evidence and is an important legal threshold that needs to be proven under Florida law. After a crash, our Miami car accident attorneys will gather all evidence needed to prove your case in court. All potential evidence will be preserved in order to maximize the full amount of compensation Florida law permits.

Florida is also a "comparative negligence" state. This means that more than one driver can be negligent at the same time. This is a common legal defense which if proven can reduce injury victims recovery at trial. For these reasons, you need an experienced car accident lawyer in Miami to ensure the success of your claim. In situations where liability or driver negligence is difficult to defend insurance companies may argue the crash was a low impact collision or that the bodily injuries sustained were pre-existing or unrelated. If hired to represent you our law firm will use all resources available to combat these common negligence defenses.

Common Types of Injuries

Car accidents can cause a wide range of complex injuries and medical conditions. Common injuries include fractures, broken bones and other serious injuries to the cervical, lumbar, or thoracic spine surgical repair. Some of the most common injuries occur to the neck and back. In medical terminology, the location of neck and back injuries are referred to as the cervical, lumbar, and thoracic spine.

Sometimes injuries are serious enough and may require surgical repair. High speed collisions, accidents with pedestrians, motorcycle accidents, and drunk driving accident cases often result in severe or even catastrophic injuries such as a traumatic brain injury, closed head injury, spinal cord injury, paralysis, and in some cases wrongful death. Over the years we have seen many unfortunate injury cases but our car accident attorneys in Miami, Fl. have also been able to help our client's get justice too.

Compensation for Accident Victims

Accident victims are entitled to recover financial compensation for the consequences of their injuries. These are commonly referred to as damages. Damages in a car accident include compensation in the form of money damages for pain and suffering, past and future medical care and expenses from initial hospitalization, emergency room care, diagnostic tests, and other reasonably related medical expenses such as such as doctors appointments, physical therapy and surgery.

Money damages may also be awarded for:

  • Pain and Suffering
  • Lost wages
  • Loss of earning capacity
  • Loss of support or replacement services
  • Scaring and Disfigurement
  • Inability to lead a normal life
  • Mental anguish
  • Emotional and psychological harm
  • Vocational training
  • Out of pocket expenses

Severe injury victims and certain family members in the event of a fatal car crash or wrongful death may also recover money damages for their pain and suffering, loss of parental guidance and support, mental anguish, loss of support and services and other types of emotional and psychological harms.

At Gerson & Schwartz, we understand how a crash resulting in a serious or catastrophic injury changes a victim's life forever. Knowing what the needs will be for victims with a spinal cord injury, traumatic brain injury, scarring, disfigurement, burns, and other life changing injuries enable us to guide our client's along the path to medical, occupational and social recovery. We understand the legal hurdles and real life challenges serious injury victims face. Our car accident attorneys are here make sure that the total amount of our client's damages are fully recovered.

Time Limitations For Auto Accidents and Bodily Injury Claims

Car accident victims and certain family members must be aware that Florida has strict limitations for all types of lawsuits including auto accidents, wrongful death and personal injury claims. These are referred to as statutes of limitations. Who is at fault, or the identity of a negligent party will affect the time injury victims have to file a lawsuit in court. Failure to act within these specific time frames can legally bar an injury victims and certain family members right to relief.

Florida's statutes of limitations are different for car accidents between individuals, or with vehicles which are owned or operated by local, state, county, or other governmental entities and their employees. Other time limitations may vary depending on the type of claim that is being presented. Statutes of limitations for a motor vehicle accident claim based on an auto manufacturing or design defect are different than a car accident with a negligent driver resulting in wrongful death.

Contact a Car Accident Attorney at Gerson & Schwartz

Our approach is to sue first and talk later. We believe that lawsuits promote settlement discussions. In all of our cases, we work quickly to identify all responsible parties, explore all potential theories of legal liability and uncover all sources of financial responsibility. We also act fast to investigate the case facts and research the applicable law. Our firm also works closely with local law enforcement and the State Attorney's offices in drunk driving accidents and other clients that are serious or catastrophically injured due to the criminal acts of third parties. We also employ experienced investigators and utilize leading experts in accident reconstruction and other technical and medical specialties to help prove our client's cases in court.

After an accident you may find yourself inundated with letters and other correspondence from insurance companies and bill collectors. We deal with these companies so you don't have to. It's also common for insurance company adjusters to contact injury victims to discuss the facts of the case and inquire about their injuries. They may even try to take a recorded statement. We advise all accident victims to speak to an experienced car accident lawyer in Miami before speaking any insurance company representative that may be looking out for the interests of a negligent party.

What To Do Injured in a Car Crash?

First call for help. Seek immediate medical care and follow up with your physicians. Then stay calm, take pictures, take audio, and video. In today's technological world almost everyone has a cell phone that can do all three. Document skid marks, road debris, and property damage. You should try and document events before vehicles are moved, before victims are taken out of their vehicles and before other drivers try to cover up what they did. Be sure to document any landmarks which can be reference points later. Don't just create close ups.

You should not only take photographs of your vehicle but also document damage to other vehicles in the accident, even if the other vehicles were only incidental to the collision. Take photographs of damage to both vehicles, obtain names and contact information of all potential witnesses and if possible even obtain a written statement. Get license tags and names and other contact information of other drivers and copies of other eyewitness photos too.

Digital data recording is free so you can't overdo it. Send the data to us by email at info@gslawusa.com when you call for our advice and it will make it easier for us to understand what you are trying to explain after a stressful event. After a car accident you should also contact your own insurance company and report the claim right away.

Experienced Lawyers Helping Victims Since 1970

Gerson & Schwartz, PA is an AV rated personal injury law firm located in Miami, Florida dedicated to representing serious injury, wrongful death victims and their families for over 49 years. Our personal injury law firm consists of Florida board certified trial attorneys who have litigated over 350 jury trials over the last four decades. We have successfully represented client's against every auto insurance carrier including, State Farm, Geico, Allstate, Progressive, Nationwide, James River, USAA, and many others too.

Our firm is well known for our commitment to our client's cases and for being effective trial lawyers. Each of our client's cases are presented in court in convincing and compelling fashion. Often, this takes countless hours of hard work and considerable financial investment. The proof of our successes can be found in our many jury verdicts, news publications, and out of court settlements.

Our firm is frequently retained by many other lawyers and attorneys in Miami, the state of Florida and across the nation based on our history of success and reputation in the legal community. Insurance companies have their own lawyers and so should you. Don't be led to believe that an insurance company representative is going to resolve your car accident or any other type of personal injury claim for full case value unless you are represented by experienced lawyers with a proven track record of success. 

Whether a routine car accident or catastrophic injury claim our Miami, Florida personal injury law firm is here to help. If you or a loved one have been seriously injured, don't wait. Contact a Miami car accident attorney at Gerson & Schwartz for a free consultation. All new inquiries are kept confidential. You can also email a lawyer directly by sending an email to info@gslawusa.com or via our live chat service. There are no upfront fees or costs to get started. Call us toll free at 877-475-2905 to find out how we can help.

By hiring the best car accident lawyer in Miami, Florida you will be taking an important step to ensure that your legal rights are protected. Se Habla Español.

Miami Injury Lawyer Blog - Car Accidents
Client Reviews
★★★★★
I am a lawyer in Massachusetts. I had a case to refer against a cruise line in Florida and did my homework on which firm to represent the client. Let me take the guessing out of it for you. Call this law firm and sign up. Brandon Parrelli, Google User
★★★★★
A big shout out to Nick Gerson & Schwartz for helping me navigate my care after a fall against a major cruise ship. They took care of me all along the way and saw me through such a very hard time. I highly recommend their firm if you are looking for a firm that truly cares about you. 5 Stars all the way! Janna Wright, Google User
★★★★★
Mr Nick Gerson has been extremely attentive (even on weekends!) and has been more than willing to take time to answer all my questions. His receptionist (Suzanne) and paralegal (Carla) are courteous, friendly and highly efficient in all matters. Mr Gerson's diligence lead to a very quick resolution of my case. I am more than pleased to recommend you seek him as your attorney. You will not regret you did!! G.I.B.
★★★★★
Mr. Gerson and all his team gave to my case the careful and professional attention it needed from the beginning to end. Unfortunately, a year ago I was involved in a car accident on the victim side. I have appreciation for the good service that was given to me and my situation. Thanks. Cales & Mr. Hyde (Carlos Andrés García Jiménez), Google User
★★★★★
Gerson & Schwartz did an excellent job with my case! Nick Gerson was my primary contact throughout the process and I was overly pleased with his level of professionalism and commitment. Thanks again to the firm for both winning my case and handling it with the upmost respect. Read the full review » Jhlechia Ervin
★★★★★
Phil is the best attorney! The staff is very helpful and were always kind and understanding. Especially during a PIP claim which can be very frustrating. I am so lucky that I found Gerson & Schwartz to resolve my case, I truly believe there could have been no better outcome. Romina Frascarelli, Google User
★★★★★
Excellent attorneys, they leave no stone unturned in any case and get max value. Jon Zepnick, Google User
★★★★★
I hired Gerson & Schwartz, PA for a personal injury/slip and fall case. Phil Gerson, Nick Gerson, and Ed Schwartz were awesome! They were very professional, supportive, and informative through the whole process. I was amazed at how much time and effort they put into presenting my case. They fought hard for me and I am very happy with the outcome. I love these guys and would highly recommend them to anyone looking for an attorney who will look out for your best interest and fight hard for what you deserve. Deb Betts, Google User