Car Accidents

How Comparative Negligence Affects Car Accident Lawsuits in Florida

Published on: April 18, 2025 | by Gerson & Schwartz, P.A.

In general, personal injury laws aim to compensate victims for the physical, emotional, and financial losses they suffer after an accident. However, there is another aspect of this concept that you may not realize. Florida has a statute on comparative negligence that highlights the negligent actions of the victim of an accident, if any.

The statute does apply to traffic crashes, so you need to assess the basics if you were involved in one. Ask a Miami car accident lawyer about the details, and read on for an overview on how comparative negligence affects car accident lawsuits in Florida.

How Comparative Fault Impacts Car Accident Settlements in Florida

How Weather Conditions Impact Car Accident Cases in Miami

Published on: February 21, 2025 | by Gerson & Schwartz, P.A.

South Florida may not have the snow and sleet that create risks for northern drivers, but there are plenty of ways that weather conditions impact car accident cases in Miami. The Florida Department of Highway Safety and Motor Vehicles (FLHSMV) reports that there are around 127,000 fatal and injury-causing accidents annually in which weather was listed as a factor. Compared to the total number of crashes every year, the figures translate into 49.6 percent of all collisions as being weather-related.

When you’re seeking compensation after a traffic crash, there are important implications for any case that was affected by weather. A Miami car accident lawyer can explain the following concepts in more detail.

How Rain and Flooding Affect Liability

Hidden Costs of a Miami Car Accident: Beyond Medical Bills

Published on: January 24, 2025 | by Gerson & Schwartz, P.A.

Traffic crashes are one of the biggest causes of death and disability in the US, and statistics indicate that the problem hits close to home in Miami. According to the Florida Department of Highway Safety and Motor Vehicles (FLHSMV), there are almost 395,000 vehicle collisions in the state every year. More than 3,400 people lose their lives, and around 253,000 victims suffer injuries in these accidents.

Car accidents in Miami often leave victims dealing with far more than just physical injuries. While medical bills can be substantial, many people fail to recognize the hidden costs that can add up over time. With help from a Miami car accident attorney, you can recover the full extent of your damages. An overview demonstrates that there are many losses you might not expect.

Hidden Costs of a Car Accident

Is an E-Scooter a Car Under Florida Accident Laws?

Published on: October 18, 2024 | by Gerson & Schwartz, P.A.

With the increasing popularity of electric scooters (e-scooters) in Miami, FL, many people are wondering how these devices are classified under Florida accident laws. This classification is crucial for e-scooter riders and motorists alike, because e-scooter collisions are a serious threat. According to a study by the Miami-Dade Transportation Planning Organization (M-D TPO), there are around 825 scooter-related injuries reported in these counties every year.

This data highlights the need for clear and effective regulations to ensure the safety of riders and pedestrians, and Florida lawmakers have enacted safety rules. One important provision clarifies whether e-scooters are classified as cars, though you should rely on a Miami e-scooter accident lawyer for details. A few important points include:

Classifying E-Scooters in Florida

Rollover Car Accidents in Florida

Published on: October 11, 2024 | by Gerson & Schwartz, P.A.

When you think about how rollover car accidents happen in Florida, you know that the violence of the impact has devastating effects on the vehicle occupants. The National Highway Traffic Safety Administration (NHTSA) reports some facts that may concern you. In recent years, the number of fatalities from rollover crashes has increased by 6%. While this figure does not seem concerning on its face, it coincides with the increase in popularity of certain kinds of vehicles. Within the class of light trucks and SUVs, deaths in rollover crashes spiked 35%.

The physical violence of a rollover crash is intense. Victims are often ejected from the vehicle, contributing to the increase in serious injuries and fatalities. Fortunately, under Florida law, you have legal options to recover monetary damages. You should trust a Miami car accident lawyer to assist with your remedies, but a summary of key concepts is useful.

What Happens to Your Body in a Rollover Accident?

Risks When Pregnant Women are Involved in Florida Car Accidents

Published on: September 13, 2024 | by Gerson & Schwartz, P.A.

Being pregnant is a beautiful time, but it can also be a stressful one. If you are expecting a baby and are involved in a Florida car accident, that stress can multiply quickly. The National Institutes of Health (NIH) estimates that up to 5,000 fetal losses occur each year as a result of maternal involvement in automotive crashes. Therefore, understanding the potential risks to you and your baby is crucial.

The sudden impact, along with the worry for your unborn child’s well-being, can be overwhelming. Fortunately, Florida law provides you with options, and a Miami car accident lawyer can assist with enforcing your rights. You could be entitled to compensation, which may be urgently needed for medical issues and other losses that result from a vehicle collision. There are significant risks that pregnant women, in particular, face after a traffic crash.

Three Risks for Pregnant Car Accident Victims in Miami

What is Common Carrier Liability for Truck Accidents in Florida?

Published on: August 16, 2024 | by Gerson & Schwartz, P.A.

Florida’s interstate and highway systems are vital for commerce, but they also pose a significant risk for passenger drivers sharing the road with massive commercial trucks. In fact, The Zebra, an online resource and marketplace for auto insurance, ranks I-95 as the most dangerous highway in the US. Plus, there are many other truck routes around Miami that carry heavy traffic from semis and 18-wheelers, such as I-75 and the Florida Turnpike.

When a truck accident occurs, the consequences can be devastating. If you were injured in a collision involving a Commercial Motor Vehicle (CMV), understanding legal liability for common carriers is crucial for seeking fair compensation. Your Miami truck accident lawyer has the in-depth knowledge necessary to enforce rights, but some information is useful.

What is a Common Carrier Liability?

What Florida County is Deadliest for Car Accidents?

Published on: June 28, 2024 | by Gerson & Schwartz, P.A.

You may hear about car accident statistics and know that they happen frequently, but you might not realize how they affect you close to home in South Florida. According to the Florida Department of Highway Safety and Motor Vehicles (FLHSMV), there are more than 59,000 crashes in Miami-Dade County and almost 38,800 in Broward County every year. This data places these counties in the top two spots for the total number of traffic collisions in Florida. Plus, another 24,000 car accidents take place in nearby Palm Beach County, ranking it in the Top 10 most dangerous counties in Florida for auto crashes.

Some additional statistics on traffic collisions may help you know how to avoid them, and information on the deadliest roads by number of fatalities is also helpful. You have rights if you were hurt, so get in touch with a Miami car accident lawyer to learn about your remedies. An overview of the dangers is also useful.

Statistics on Auto Crashes in Florida

Five Tricks Insurance Adjusters Try to Pull on Florida Car Accident Victims

Published on: May 31, 2024 | by Gerson & Schwartz, P.A.

No matter how safe you are behind the wheel and the lengths you go to when defensive driving, car accidents are a common threat in Florida. The Florida Department of Highway Safety and Motor Vehicles (FLHSMV) reports that there were 394,255 total crashes in 2023, including collisions involving cars, large commercial trucks, motorcycles, pedestrians, bicyclists, and other road users. In sum, almost 252,000 victims suffer injuries in all types of accidents. Unfortunately, the numbers for 2024 are not promising. Already, as of mid-April 2024, there have been almost 103,000 car accidents in Florida.

Fortunately for victims, Florida law allows recovery of monetary damages. It is possible to obtain compensation by filing an insurance claim, but dealing with these companies is challenging. They will always try to pay less than what your claim is worth in order to protect profits. With help from a Miami car accident attorney, you can avoid the tricks insurers try to pull.

1. Offering Quick Settlement: In some cases, the adjuster may reach out and make an offer to resolve your claim right away. The companies do this to make sure they capture your attention before you have a chance to retain an attorney. They also know that it is unlikely that you have a full idea of the amount of your losses.

Evidence of Impairment in Miami DUI Accidents

Published on: May 17, 2024 | by Gerson & Schwartz, P.A.

Drunk driving remains a problem in Florida and throughout the US, and many times, offenders are arrested for DUI. However, there are many tragic situations where an impaired driver causes an accident that leads to injuries or death. According to the Florida Department of Highway Safety and Motor Vehicles (FLHSMV), there are almost 5,000 traffic collisions every year that are linked to alcohol intoxication. Of these, around 720 drunk driving crashes occur in South Florida. Up to 40 people lose their lives in DUI accidents, while more than 400 victims are injured in Broward, Miami-Dade, and Palm Beach Counties.

When alcohol is a factor in a crash, a victim may need more than just proof of fault, injuries, and losses. It is also crucial to show that the at-fault driver was intoxicated, which requires evidence of drunk driving. Your Miami DUI accident lawyer will assist with issues of proof, but some details will help you know some of the information you will need.

Overview of Negligence