Personal Injury

Can I Get a DUI on a Bicycle in Florida?

Published on: March 18, 2022 | by Gerson & Schwartz, P.A.

Contrary to popular misconception, YES, you can be arrested for drunk driving while on a bicycle in Florida. The state statute on driving under the influence (DUI) applies to anyone on a vehicle, and the law specifically excludes the word “motorized” when describing the offense. You could be charged if you have a blood alcohol concentration in excess of the legal limit, but officers could also arrest you if they believe your capabilities are impaired by alcohol. If convicted, you face up to six months in jail and a maximum fine of $1,000.

However, the potential for a criminal conviction is not the biggest concern for bicycle riders. Alcohol has the same effects on your mind and body no matter what vehicle you are operating, so you put yourself at risk of serious injuries in a Miami bicycle accident. Some information on the dangers should convince you to avoid riding after consuming alcohol.

Statistics on Drunk Driving and Bike Crashes

Investigation Continues in Deadly Crash at South Beach Café

Published on: March 4, 2022 | by Gerson & Schwartz, P.A.

A South Beach community is reeling after an incident involving an elderly woman who drove her vehicle into a popular outdoor café, killing one man and injuring six others. Miami’s Local 10 News reported on the accident, which occurred during the busy evening hours when the restaurant was packed with diners enjoying their meal on the terrace. Witnesses believe the woman was attempting to parallel park her Bentley when she mistook the “Park” pedal and put the car in reverse. As a result of her confusion, the woman plowed through an embankment, over the curb, and into the outdoor dining space.

The woman is not facing criminal charges, but victims and their families may already be considering legal action through Miami personal injury lawsuits. As the investigation into the deadly accident continues, some of the details are raising more questions than answers.

What liability concepts apply? There are two possible personal injury claims that victims and their families might consider pursuing, as the incident encompasses both premises liability and motor vehicle accident concepts. However, the basis for liability is the same: These accidents happen because of negligence, so victims must prove that the incident occurred because a party failed to exercise reasonable care.

Stages of Bedsores Among Miami Nursing Home Residents

Published on: February 18, 2022 | by Gerson & Schwartz, P.A.

When you trust a Miami nursing home to provide for the health and safety of residents, it is horrifying to find out that your loved one developed bedsores because of misconduct. Statistics from the US Centers for Disease Control and Prevention (CDC) shed some light on the severity of the problem:

Anywhere from 2% to 28% of residents in assisted living facilities have developed bedsores, also termed pressure ulcers.
Individuals living in a nursing home for less than 12 months were more likely to develop these wounds than those with longer stays.

FAQs About the Ghislaine Maxwell Conviction and Civil Suits

Published on: January 21, 2022 | by Gerson & Schwartz, P.A.

It took a jury five days to reach a verdict in the criminal case against British socialite Ghislaine Maxwell, who was charged for her role in grooming and luring minor girls to serve the sexual exploits of financier Jeffrey Epstein. On December 29, 2021, Maxwell was convicted on 5 of 6 counts. The Miami Herald reported on January 15, 2022 that sentencing will take place at a hearing in June, at which the US District Court judge will decide how long she spends behind bars. Each count ranges from five to 40 years in federal prison.

The conviction against Maxwell means closure for many of Epstein’s victims, but it also prompts questions about civil remedies linked to criminal cases. Many people will also wonder whether it is possible to hold Maxwell accountable when she did not directly cause harm. A Miami sexual assault victims attorney can describe the details, but some answers to FAQs are informative.

How does a conviction impact a civil lawsuit?

Is the Spinal Cord an Organ?

Published on: January 7, 2022 | by Gerson & Schwartz, P.A.

You know the importance of your body’s most critical organs: The heart, brain, lungs, and many others are responsible for basic functions, and your life would be changed forever if they were harmed by trauma. The medical definition of an organ is any part of the body that carries out special functions, but the spinal cord is sometimes not included on the list. The Resource Center for Brain and Spinal Cord Injuries offers two opinions on the matter:

The spinal cord is a group of nerves that serves as a messaging center between the brain and parts of the body, but it does not have a direct impact on other organs.
Due to its common tissue throughout and functioning as a unit to support the rest of the body, the spinal cord is an organ – similar to skin.

Statistics on Gun Violence in South Florida

Published on: December 31, 2021 | by Gerson & Schwartz, P.A.

There can be no question that gun violence is a problem nationwide, but a look at statistics sheds some light on the issue in Florida. According to the Florida Department of Law Enforcement (FDLE), more than 110,000 people are arrested statewide for such crimes as manslaughter, assault, robbery and homicide. Firearms were used in 74% of the murders, 36% of robberies, and more than one-quarter of assaults. If you were hurt or lost a loved one to gun violence, it is encouraging to know that criminal laws are tough on offenders.

However, seeing your assailant sentenced to jail time and other punishment does nothing to compensate for the extreme losses you suffer. To recover monetary damages, you must seek civil remedies – often against a party you might not expect. A Miami crime victims lawyer will guide you through the process, but additional figures on shootings may be helpful.

Additional Statistics on Guns and Violent Crime

Four Laws That Impact Your Florida Truck Accident Claim

Published on: December 17, 2021 | by Gerson & Schwartz, P.A.

It should come as no surprise to learn that truck accidents are some of the most deadly, devastating incidents occurring on the nation’s roadways, but a key statistic might shock you: According to the Federal Motor Carrier Safety Administration (FMCSA), Florida places third among all US states when it comes to fatal truck crashes. There are more than 300 collisions involving semis, 18-wheelers, tractor-trailers, and other large commercial vehicles every year, and only Texas and California rank higher. Hundreds of thousands of victims also suffer serious bodily harm in the 102,000 total injury-causing truck accidents nationwide.

Fortunately, victims and their families have the authority to pursue the at-fault driver in a truck crash. As with any legal matter, there are multiple laws that apply and some of them are important to know. A Miami truck accident lawyer will address the details, but take note of the following issues that impact your claim.

Florida Fault Laws

How Lane Splitting Affects Florida Motorcycle Accident Claims

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

Florida is one of just a few locations within the US where the weather is perfect for motorcycle riding throughout the year. The long riding season is perhaps why the state ranks high for accidents. According to the Florida Department of Highway Safety and Motor Vehicles (FLHSMV), there are around 9,000 motorcycle accidents every year. More than 23% occur in South Florida, leading to dozens of fatalities and hundreds of injured victims. Various causes and factors contribute to these collisions, including speeding, failure to yield, and other forms of driver negligence.

However, motorcyclists are required to abide by the same traffic laws as other motorists, so they can also be at fault in crashes. One maneuver used by some riders is the subject of some controversy — lane splitting. This practice is illegal in Florida, which is why it could affect your rights if you were hurt. A Miami motorcycle accidents lawyer can explain the details, but an overview is helpful.

Florida Traffic Rules on Motorcycle Operation

South Florida’s Most Dangerous Roads

Published on: November 19, 2021 | by Gerson & Schwartz, P.A.

Even with advancements in auto safety, increased enforcement of traffic laws, and cracking down on distracted driving, car accidents still occur in South Florida at an alarming rate. The Florida Department of Highway Safety and Motor Vehicles (FLHSMV) reports that there are more than 65,000 auto crashes in Miami-Dade County alone, causing almost 300 fatalities every year. Another 32,000 victims are injured in traffic collisions, and their losses can be devastating. In addition to the physical pain, medical bills, pain and suffering, and other consequences add up.

Various factors are at play when it comes to assessing the safety risks on county thoroughfares, local city streets, and highways. You can trust a Miami highway car accidents attorney to protect your rights if you were involved in a collision on any of South Florida’s most dangerous roads. When you know where they are located, you might understand why collisions are a common occurrence in these areas.

I-95 and Florida’s Turnpike

Does Florida PIP Insurance Cover Bicycle Accidents?

Published on: November 5, 2021 | by Gerson & Schwartz, P.A.

Bicycle accidents may not be as common as other traffic-related collisions, but they do tend to cause a disproportionate number of fatalities and injuries. According to the Crash Dashboard operated by the Florida Department of Highway Safety and Motor Vehicles (FLHSMV), there are almost 6,700 total bicycle accidents statewide every year; in 95% of them, at least one person is killed or injured. It does not take a degree in physics to know that the person on the bike will typically suffer the most devastating harm. If you were hurt in a bicycle accident, you may wonder about your legal options versus the at-fault motorist.

Fortunately, you do have remedies for recovering compensation, and they fall under state auto insurance laws. Florida is a no-fault jurisdiction, so motorists are required to carry Personal Injury Protection (PIP) insurance to cover their own injury-related losses. These requirements impact your rights as a victim, and a Miami bicycle accidents lawyer can explain the details. Answers to common questions about Florida PIP insurance in bike collisions may also be useful.

What Does “No Fault” Mean?