Miami Motor Vehicle Accident Lawyer

  Gerson & Schwartz represent clients seriously injured in auto, truck, and motor vehicle accidents due to the negligent acts of third parties. As a trusted motor vehicle accident lawyer firm in Miami, we help victims navigate the complex legal process after serious crashes. Under Florida Statutes 320.01, a "motor vehicle" is defined as any vehicle operated on a public roadway (other than by human power) that transports persons or property. 

• Rear End Collisions
• Failure to Yield Accidents
• Side Impact Accident Cases
• Head On Collisions
• Drunk Driving Accidents
• Trucking Accidents
• Motorcycle Crash Cases
• Accidents with Pedestrians
• Commercial Vehicle Accidents
• ATV Accidents
• Rental Car Accidents
• Taxi Cab Accidents 

Injuries from motor vehicle accidents can vary significantly in terms of location, type, and severity. Some injuries may not surface until well after the crash, yet you’ll still need to prove the collision actually caused them. Regardless of severity, accident victims may recover if the other driver was negligent, and an experienced motor vehicle accident lawyer can help document medical evidence, establish causation, and pursue full compensation.

Who’s Liable After a Distracted-Driving Accident in Florida?

Negligence on the road comes in many forms. One of the most common forms of negligent driving in today's world is distracted driving. Distracted driving is often caused by using a cell phone to text, email, or make a call. Florida law recently banned texting and driving; however, people continue to text and drive regularly. Additionally, texting while driving is only a secondary offense, meaning the driver would have to be pulled over for another reason to be cited for texting and driving. Whether or not the driver is cited criminally for texting, an accident victim can still hold the distracted driver liable in civil court.

Other standard negligent driving practices include drunk driving, speeding, following too closely, running red lights, and other forms of aggressive driving. Drivers are also required to pay attention to pedestrians and yield to them when necessary. Failure to properly maintain a vehicle can result in defective car parts, causing the driver to lose control of their vehicle and potentially leading to an accident. Drivers of large trucks face numerous additional factors that commonly contribute to accidents, including fatigued driving and improper loading of cargo.

After an accident, you may find yourself overwhelmed with phone calls and correspondence from insurance companies, health care providers, hospitals, medical bill collectors, and sometimes collection agencies. We partner with these companies so that our clients can focus on receiving the medical care and treatment they need, allowing them to recover and get back on their feet.

After a motor vehicle collision, insurance adjusters often try to contact injured victims before they have an opportunity to speak with an attorney. These are common insurance company tactics. Insurance adjusters want to get as much information from you as early on as possible. They may ask to take your statement or may try to settle your case early on, knowing that you have yet to discuss the case with a lawyer. We recommend that all accident victims in South Florida consult with a Miami motor vehicle accident attorney before speaking with any insurance company representative.

What Compensation Can You Recover After a Motor Vehicle Accident in Florida?

If you are injured in any kind of motor vehicle accident, you may incur several types of medical bills, including emergency services, surgeries, hospital stays, rehabilitation or therapy costs, and doctors' visits, and you may face years of necessary medical care in the future. You are entitled to reimbursement of all medical expenses from the negligent driver.

Furthermore, your injuries may keep you from working while you recover, or can even keep you from ever returning to your job if you are permanently disabled. Depending on your career and the nature of your injuries, you may need to change jobs or may be unable to work at all. An experienced auto accident attorney knows how to calculate all potential lost wages, enabling you to recover financially. Injured victims are entitled to receive compensation for:

• Pain and suffering
• Medical bills
• Future medical costs
• Reasonably related medical expenses

Injured victims are also entitled to financial compensation for their lost wages, loss of earning capacity, loss of capacity to enjoy life, and for permanent injuries such as scarring, disfigurement, and loss of bodily function. If you are married, you may be entitled to receive compensation for the loss of society, support, and services of a loved one.

How Soon Should I Contact a Miami Motor Vehicle Accident Lawyer After a Crash?

If you have been injured, you must consult with an attorney who has auto accident claim experience as soon as you can. Our attorneys will guide you through the entire process of filing your claim, so that you have the best chance of receiving fair compensation.

After an accident, you should seek immediate medical care so you can get proper medical treatment and document that you have been injured. New changes under Florida's motor vehicle laws, also referred to as "No Fault Benefits" or "Personal Injury Protection"(PIP), commonly heard on the radio and attorney referral services, have recently been enacted. Insurance companies may try to use any delay or "gap" in your medical treatment to argue they should not have to pay the full value of your claim.

Failure to seek prompt medical attention by a physician can also hurt the merits of your claim in the eyes of a claims adjustor. Injured victims in motor vehicle collisions must seek medical attention within 14 days of an accident. If not, you may jeopardize the amount of no-fault benefits available under your own auto insurance policy. Our legal staff is here to explain how recent changes under Florida motor vehicle accident laws may apply to your specific situation. Furthermore, our attorneys are knowledgeable about applying Florida's new motor vehicle laws regarding Personal Injury Protection (PIP) insurance to each case and utilizing the law to your advantage.

What do if Injured in an Auto Accident?

If you’ve been injured in a crash, working with an experienced motor vehicle accident lawyer can make a significant difference in protecting your rights and securing full compensation. An attorney will guide you through the claims process and ensure critical evidence is preserved from the very beginning.

• Take photographs of all vehicles involved
• Obtain written or recorded statements
• Get the names, email addresses, and contact information of all potential witnesses
• Document as much information as possible, Take pictures and video of all resting points
• Photograph all skid marks left by all of the vehicles involved
• Use your camera's cell phone to take as many pictures as possible

Our legal staff is waiting for your call, and our motor vehicle accident attorneys are available to answer any questions you may have about your case. We respond to all new email inquiries in 24 hours or less. Hiring a reputable law firm will help ensure that the full amount of your damages is recovered. If you or a loved one has been injured in an auto accident in Miami-Dade, Miami Beach, Coral Gables, Fort Lauderdale, or another area in South Florida, contact  Gerson & Schwartz for a free case consultation.

In Miami-Dade, call us at (305) 371-6000. For accidents in Broward County, such as Hollywood, Plantation, Weston, or Fort Lauderdale, call (954) 845-0535. We are also available toll-free at (866) 388-4834, or you can contact us directly by emailing info@gslawusa.com.