Car Accidents

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.

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

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

Dangers of Electric Vehicle Auto Crashes in Miami

Published on: June 30, 2023 | by Gerson & Schwartz, P.A.

Electric vehicles (EVs) have increased in popularity in recent years as motorists seek ways to reduce their carbon footprint and avoid paying high gas prices. According to the US Department of Energy, Florida drivers are certainly on board with the benefits. The Sunshine State ranks second in the US when it comes to EV registrations, at almost 95,650 and growing. These vehicles are becoming more affordable as well, also a factor in the rise in electric vehicles on the road.

However, when you look at an EV, you might not realize that there are multiple features that make them extremely dangerous. They are very different from vehicles powered by internal combustion engines, and the occupants of the autos are the ones who suffer. If you were hurt, it is important to work with a Miami EV car accident lawyer who understands the subtleties. You can also read on for a description of the risks and tips on what to do.

Risks of Being in a Crash With an EV

NHTSA’s Five Eras of Safety is the Path to Full Automation

Published on: May 12, 2023 | by Gerson & Schwartz, P.A.

Automakers add new bells and whistles with every new model release, but it is the safety features that you may not see that offer the biggest benefits to motorists. Technology and equipment continue to evolve, especially automated driving systems. The National Highway Traffic Safety Administration (NHTSA) predicts that these features will eventually take over driving tasks and eliminate the human errors that are often behind traffic crashes. There are more than 39,000 fatalities and more than 2.5 million victims injured in accidents, and self-driving cars have the potential to significantly reduce these figures.

The NHTSA’s road to full automation is a long one, but the US is already several years into the journey. We have already reaped many of the safety benefits through features that will be familiar to any motorist. However, collisions will remain a threat, so it is important to consult with a Miami car accident lawyer if you were injured or lost a loved one in an accident. An overview of the NHTSA’s Five Eras of Safety provides insight into the past, present, and future.

Safety in the Rear View Mirror

Two of the Three Deadliest Roads in the US in South Florida

Published on: March 10, 2023 | by Gerson & Schwartz, P.A.

You might hear rumors or have personal experience driving on the most dangerous roads across the US. However, statistics are actual proof that Florida is home to a few of the deadliest highways in the nation. According to a report published by WFLA NBC News Channel 8, traffic data from all US states was analyzed to determine where the highest number of fatal auto accidents occur. Researchers crunched the numbers and ranked the Top 20, finding that three of them are in Florida. Besides the individuals who were killed, thousands of other victims are injured on these same roads annually.

For many people who hear about highways being extremely dangerous, the first idea is to avoid them entirely. Not everyone can do so, but it is helpful to realize why collisions occur on these roads so frequently. If you were involved in a crash, retaining a Miami car accident attorney should be a priority.

Three Deadliest Roads in Florida

Facts to Know as a Passenger Injured in a Miami Car Accident

Published on: February 17, 2023 | by Gerson & Schwartz, P.A.

Considering the dense population in South Florida, it is not surprising that more than one-third of all motor vehicle accidents occur in the counties of Miami-Dade, Palm Beach, and Broward. The Florida Department of Highway Safety and Motor Vehicles (FLHSMV) reports there were more than 123,000 crashes in the region in 2022, and the figures for 2023 are on track to reach this total by the end of the year. Of these collisions, around 43,250 are injury-causing, leading to bodily harm for almost 64,600 victims. Based on the data, you can guess that many of the people who are hurt in Miami car accidents are passengers in the involved vehicle.

Passengers do have rights under Florida law, but the legal process can be more complex when it comes to insurance questions. This is because of the state’s no-fault insurance law, which requires all motorists to carry Personal Injury Protection (PIP). A Miami car accident lawyer can explain your remedies, but a summary is useful.

You must go through your own PIP. If you own a vehicle and follow the law by purchasing the required auto insurance policy, you are covered as a passenger in someone else’s car. In fact, you must file a claim with your own insurer in such a situation. Through PIP, you can recover up to 80 percent of all reasonable medical costs and expenses related to the accident. If you miss work because of your injuries, PIP will pay up to 60 percent of lost wages.

How to Prove the At-Fault Driver Was Drunk in a Florida DUI Accident

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

Drunk driving accidents claim the lives of thousands across the U.S. every year, and data from state officials reveal how the problem affects Florida motorists. According to the Department of Highway Safety and Motor Vehicles (FLHSMV), there are more than 5,000 crashes annually involving intoxicated drivers. Approximately 375 people are killed in these incidents, while more than 3,000 victims suffer injuries in DUI collisions. Fortunately, you do have rights under Florida law if you were hurt by a drunk driver. You may qualify to recover compensation for your physical, financial, and emotional losses.

Though you might think your rights are clear when an intoxicated driver causes a collision, there are still complications with DUI crashes. You will need solid evidence of fault, so proof of impairment is critical. There are multiple sources of evidence for your case, and a Miami DUI accident lawyer will be thorough in gathering strong factual support. Some basics will help you understand what information might be useful.

Evidence for DUI Crashes

Facts About Work-Related Car Accidents in Florida

Published on: January 6, 2023 | by Gerson & Schwartz, P.A.

You might assume that some occupations are more dangerous than others, but the risk affects all Florida employees when you realize the number one cause of work-related fatalities in America. Motor vehicle accidents. The US Centers for Disease Control and Prevention (CDC) reports that more than 17,000 employees were killed in on-the-job traffic crashes from 2011 to 2020. The 1,038 workers who died in 2020 represent 22% of all workplace deaths. Plus, many others are injured in vehicle accidents while working, leading to significant losses for entire families.

Work-related injuries are typically covered by Florida workers’ comp laws, which are the exclusive remedy for employees hurt on the job. However, the nature of traffic collisions means that you might pursue additional options. There are advantages if you qualify, and a Miami workplace injury attorney can explain them in detail. A few facts are also useful as an overview.

Workers’ Comp May NOT Be Your Only Remedy

The Next Dangerous Distraction: Driving with a Pet

Published on: December 23, 2022 | by Gerson & Schwartz, P.A.

Millions of American households are home to dogs, cats, fish, ferrets, birds, and every other swimming, flying, or crawling pet you can imagine. These creatures are a part of the family for many, so pets often accompany their owners on trips around Miami. Dogs, especially, are proud to sit perched on their owner’s lap and take in the view, not realizing the extreme distraction they cause. Motorists who drive while interacting with a pet contribute to the number of distracted driving accidents, and the Florida Department of Highway Safety and Motor Vehicles (FLHSMV) reports on the risk. Every year, there are more than 265 fatal crashes and 49,000 injury-causing collisions linked to distracted driving.

Driving with a pet may not lead to a ticket in the same way as using a phone, but the dangers are profound with any type of distraction. You do have rights under Florida law, so make it a priority to consult with a Miami distracted driving accident attorney if you were hurt. An overview of the risks is also useful.

Pets and the Impacts on Driving