Car Accidents

What if a Drunk Driver is Not Convicted After a Miami DUI Crash?

Published on: August 6, 2021 | by Gerson & Schwartz, P.A.

Drunk driving has plagued US roadways for decades, yet motorists continue to get behind the wheel of a car after consuming too much alcohol. The Florida Department of Law Enforcement (FDLE) reports that officers make almost 34,000 arrests statewide for driving under the influence of alcohol (DUI), and more than 3,700 of these cases arise in South Florida. Police are always on the lookout for motorists who are swerving, driving erratically, and exhibiting other indications of intoxication.

However, a drunk driving arrest can also result from a DUI accident, since officers will conduct an investigation when arriving on the scene. When their probe turns up sufficient information to charge and/or convict the other driver, you probably assume you have an open-shut case to recover compensation if you were injured in a crash caused by that driver. The legal issues are not quite so simple, so rely on a Miami drunk driving accidents attorney to assist with your remedies. You can also gain some insight by reviewing answers to common questions about DUI crashes in Florida.

What are the differences between a civil and criminal case after a drunk driving accident?

Reasons to Sue Someone You Know After a Florida Car Accident

Published on: July 30, 2021 | by Gerson & Schwartz, P.A.

South Florida is the most densely populated region of the state, so it stands to reason that it will rank high when it comes to the frequency of serious car accidents. Statistics from the Florida Department of Highway Safety and Motor Vehicles (FLHSMV) are proof of the dangers, as there are more than 65,000 crashes in Miami-Dade County every year that cause injuries to 31,700 people. Many of these victims can recover compensation for their losses by filing a claim under their auto insurance Personal Injury Protection (PIP); for serious injuries, a victim could pursue a third-party claim against an at-fault driver.

However, your situation is complicated if you were injured as a passenger in a vehicle being driven by a friend or family member. You could be in the awkward position of seeking legal relief from a person you know, yet it is a mistake to forego your rights to avoid feeling uncomfortable. Retaining a Miami car accident attorney enables you to maintain separation, and there are many additional reasons to remain true to your own personal interests.

Your losses may be substantial

Teen Driving Statistics Highlight Dangers for Miami Motorists

Published on: July 2, 2021 | by Gerson & Schwartz, P.A.

Whether you attribute it to lack of experience, tendency to text and drive, or other risky behavior, the popular assumption persists that teens are more dangerous behind the wheel. Unfortunately, this is one hypothesis that does carry some truth. According to the National Highway Traffic Safety Administration (NHTSA), more than 2,000 people are killed in accidents involving teen drivers annually, comprising 8% of all fatal crashes. However, to put things in perspective, note that teenagers amount to just 5% of total drivers in the US.

These and other statistics are disturbing for parents of younger drivers, but the numbers are also cause for concern for other motorists who share the road with them. It is a comfort to know that Florida auto crash laws apply regardless of age, and a Miami car accidents attorney can assist with your legal options. Some additional data on teen motorist collisions is also informative.

Statistics on Teen Drivers and Auto Crashes

Surprising Facts About Speed and Driver Reaction Time in Miami Car Accidents

Published on: June 9, 2021 | by Gerson & Schwartz, P.A.

Miami drivers are well-aware that speeding increases the potential for serious auto collisions, but you may not understand the specific implications until you look closer at some of the underlying factors. Though it impacts the level of damage and severity of injuries, the National Highway Traffic Safety Administration (NHTSA) also points out how speed affects reaction time, which in turn affects your braking time. You might be surprised at the distance a vehicle can travel in the mere moments between identifying a threat and being able to stop.

Regardless of whether you were hurt in a collision based upon speeding or some other form of negligence, it is essential to work with a Miami car accident lawyer who can guide you through the legal process. Some facts about speed and driver reaction time may also be helpful.

Speed affects multiple driving factors.

What Victims Need to Know After a Grubhub Collision in Miami

Published on: June 2, 2021 | by Gerson & Schwartz, P.A.

The mobile app-based food delivery market has expanded considerably over the last five years, but business exploded when pandemic lockdowns limited restaurant options for Miami residents. As restrictions ease, there are still shocking statistics on food delivery apps and services:

In sum, food delivery services of all sizes raked in a total of $26.5 billion in revenue in 2020. By 2025, food delivery apps should reach revenues in excess of $42 billion.
The big four in food delivery apps are Grubhub, DoorDash, Uber Eats, and Postmates.

National Autonomous Vehicle Day is May 31: Weighing Safety Pros and Cons

Published on: May 26, 2021 | by Gerson & Schwartz, P.A.

It seems as if there is a national day dedicated to anything you can imagine, from your favorite foods and activities to raising awareness to important issues. With the innovation and advancements in the area of self-driving cars, you may not be shocked to learn that one of the newest annual events is National Autonomous Vehicle Day, occurring this May 31, 2021. Organizers hope to educate the public on the current state of science and technology on automatic autos, as well as to offer inspiration on what the future holds for self-driving vehicles.

Far from being some space-age invention in the distant future, the evolution of computer-guided vehicles is already well underway. The concept of driverless vehicles is certainly controversial because of concerns about safety and the legal implications for auto collisions. It is wise to retain a Miami car accidents lawyer if you were hurt, but you might also be interested to know some pros and cons about autonomous vehicles.

Risks and Dangers Involved with Self-Driving Cars

Four Rules to Follow Before You Can Retain a Miami Car Accident Attorney

Published on: May 21, 2021 | by Gerson & Schwartz, P.A.

While car accidents are a serious problem throughout the state, statistics show that South Florida is one of the most dangerous regions for fatal and injury-causing collisions. According to the Crash Dashboard operated by the Florida Department of Highway Safety and Motor Vehicles (FLHSMV), there are more than 106,000 total crashes in Miami-Dade and Broward Counties every year. Around 500 individuals are killed, while almost 55,400 victims suffer injuries in these incidents.

If you were hurt or lost a loved one in an auto accident, you know that it is important to retain legal representation to assist with your options for relief. However, there may be some lag time as you find the right fit, during which time there are certain issues that affect your claim. As such, there are four rules to follow after a collision but before you have a Miami car accident lawyer to represent you.

Gather as much evidence as possible. If you do not need to leave the scene for medical care, do your best to collect critical proof to support your claim. Your cell phone is an effective tool, so use it to capture images and video of:

Driver Speed and Injuries in Miami Pedestrian Accidents

Published on: April 9, 2021 | by Gerson & Schwartz, P.A.

One of the most efficient, affordable ways to get around Miami is on foot, but there are risks involved when walking in one of the most dangerous metropolitan areas for pedestrians in the U.S. According to the Florida Department of Highway Safety and Motor Vehicles (FLHSMV), accidents involving people on foot are among the deadliest traffic-related collisions in the state. While pedestrian accidents make up just 2% of the total crashes that occur in Miami-Dade County every year, they are responsible for 30% of the fatalities.

While the lack of a protective metal shell and size differential compared to other vehicles are key factors, one of the most critical indicators of injury severity in pedestrian collisions is vehicle speed. Despite aggressive efforts to enforce the 25 mph speed limit in Downtown Miami, motorists still travel too fast and put all road users at risk. It is important to consult with a Miami pedestrian accidents attorney right away if you were injured, but you might find it useful to understand the role speed plays in these types of accidents.

Relationship Between Speed and Pedestrian Injuries

Many studies have been conducted on how speed affects the severity of trauma in a pedestrian crash, and researchers at AAA formulated their results in terms of percentages. For instance:

What to do After a No-Damage Car Accident in Miami

Published on: December 23, 2020 | by Gerson & Schwartz, P.A.

Car accident statistics compiled by the Florida Department of Highway Safety and Motor Vehicles (FLHSMV) are useful for predicting trends and understanding the causes behind these incidents, putting you in a better position to protect yourself and your family. So far in 2020, there have been 44,731 total crashes in Miami-Dade County, causing 299 fatalities and injuring 21,018 people. For many victims, the process for recovering monetary damages is not complicated. Obvious damage to the vehicles should convince the at-fault driver’s insurance company that the victim’s injuries were severe.

However, you could encounter significant challenges if you were hurt in a crash in which there were no dents, chipped paint, or scrapes. A no-damage collision makes it more difficult to prove the severity and nature of your injuries, potentially leading to a denial of your insurance claim. While you should always work with a Miami car accident lawyer for any traffic crash, it is especially critical to retain legal counsel under such circumstances. The following information reveals the reasons why.

The Role of Evidence in an Auto Crash Claim

Three Florida Laws Every Car Accident Victim Should Know

Published on: December 16, 2020 | by Gerson & Schwartz, P.A.

The Florida Department of Highway Safety and Motor Vehicles (FLHSMV) tracks traffic accidents through the state, and its Crash Dashboard reveals some troubling statistics about collisions in South Florida. So far in 2020, there have been a total of 44,731 motor vehicle accidents in Miami-Dade County, leading to 299 fatalities and injuries to 21,018 victims. If you were hurt in such an incident, it is good to know that you have options for recovering compensation from the at-fault driver. As with any legal matter, there are numerous statutes, court rules, and technical concepts that apply to auto crash claims.

However, you do not need to have in-depth knowledge of all of the laws or go to great lengths to learn them. Your Miami car accident lawyer will take the lead on the legal issues. There are just three basic laws every victim should know:

Florida’s No-Fault Law