Miami Personal Injury Lawyer Blog

Florida Truck Accidents Caused by Improper Loading

Published on: April 22, 2022 | by Gerson & Schwartz, P.A.

Trucking is the lifeblood of the US economy, transporting the consumer goods, construction materials, medical supplies, vehicles, and many other essential products we rely on for home and work. Like any other vehicle sharing the road, large trucks are involved in their fair share of accidents. The Florida Department of Highway Safety and Motor Vehicles (FLHSMV) reports that, in South Florida alone, there are almost 16,500 crashes annually that include an 18-wheeler, semi, or other large commercial motor vehicle (CMV). Dozens of individuals are killed, while another 3,300 suffer injuries that carry extreme physical, emotional, and financial losses.

There are many different factors that people commonly point to when determining causes of truck crashes, such as speeding, texting, or erratic lane changes. However, one issue you might not consider is how the CMV cargo could play a role in a collision. You should talk to an attorney about Miami truck accidents caused by improper cargo loading, especially since the complications could impact your rights.

Multiple Parties to Pursue

Statistics on Intersection Car Accidents in Florida

Published on: April 15, 2022 | by Gerson & Schwartz, P.A.

You might not give much thought to the countless intersections you turn on or pass through as you navigate your way throughout South Florida roadways, but there are risks involved with every encounter. According to the Federal Highway Administration (FHWA), around 25% of all traffic deaths and half of all vehicle accident injuries are linked to intersections. Despite clear signage and laws regarding yielding when drivers approach cross-streets, motorists are still careless or unaware of right of way rules.

Florida auto crash laws allow victims to pursue damages from the at-fault driver, so it is comforting to know that you have options for recovering compensation. A Miami intersection car accidents lawyer can explain your remedies, but some additional statistics and causes behind these incidents is useful for understanding the risks.

Detailed Data on Intersection Auto Crashes

April is Distracted Driving Awareness Month: Understanding the Dangers

Published on: April 8, 2022 | by Gerson & Schwartz, P.A.

Even after years of public safety campaigns and issuing tickets for cell phone use, it seems that many motorists could use a reminder on the dangers of texting, talking, and other forms of distracted driving. Once again, the National Highway Traffic Safety Administration (NHTSA) is hosting its annual Distracted Driving Awareness Month this April 2022. The “U Drive, U Text, U Pay” slogan is directed at prevention through pointing out the financial implications, but other details are important for revealing the risks of distracted driving. This risky misconduct causes more than 3,100 fatalities every year and, instead of decreasing, the number of deaths is on the rise.

It may be tempting to grab your phone while behind the wheel, but you are less likely to reach for it when you understand the dangers. While you should consult with a Miami distracted driving accidents lawyer if you are involved in a crash, it is helpful to review some tips in avoiding the temptation.

Why Distracted Driving Increases the Risk of Crashes

National Dog Bite Prevention Week April 2022: Protecting the Youngest Victims

Published on: April 1, 2022 | by Gerson & Schwartz, P.A.

While canines may be among America’s favorite household pets, the fact that there is an event dedicated to reducing the number of dog bites indicates that these four-legged friends can still be dangerous. This April 10-16, 2022 is National Dog Bite Prevention Week, a time for the American Veterinary Medical Association (AVMA) to draw attention to the dangers, offer safety tips, and remind the public that even nice dogs can attack. Another hint to the AVMA initiative is found in the title itself: It is possible to prevent dog bites with proper care.

Among all the useful points made by AVMA in their literature about dog bite prevention is a disturbing statistic: Around 50% of victims are children. Parents can rest assured that Florida laws cover these cases, but incidents involving minors raise complicated legal issues. A Miami child injuries attorney will help navigate the challenges, and some information about these cases is useful.

Why Children Tend to be Dog Bite Victims

How to Avoid Aggressive Driving Car Accidents in Miami

Published on: March 25, 2022 | by Gerson & Schwartz, P.A.

Aggressive driving and “road rage” have become serious problems nationwide in recent years, and Florida followed in the steps of several US states by enacting laws to penalize dangerous misconduct. State traffic laws define aggressive driving as driving at excessive speeds, making unsafe lane changes, “tailgating,” and cutting off another motorist while passing. A first-time offense could mean up to 90 days in jail, a fine ranging from $25 to $500, or both. The penalties get harsher with subsequent offenses, which are punishable by up to six months’ incarceration and fines up to $1,000.

Unfortunately, the threat of jail time, fines, and a driver’s license suspension are not sufficient to discourage all motorists from aggressive driving. Their outrageous conduct puts everyone on the road at an increased risk of crashes, and the injuries to victims are far more severe. You should consult with a Miami aggressive driving accident lawyer right away if you were hurt, but some tips may help you avoid being involved in such an incident.

Avoid Being a Target: Drivers often enter road rage mode after getting frustrated with traffic maneuvers by other motorists that, while legal, can be maddening. When traveling on multi-lane highways, do not drive slowly in the fast lane – even when you are doing the speed limit. If you spot a vehicle rapidly approaching in your rearview mirror, you should wait to attempt a passing move.

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

South Florida Swimming Pool Accident Claims Three Lives

Published on: March 11, 2022 | by Gerson & Schwartz, P.A.

Law enforcement officers continue to investigate a swimming pool accident that led to the deaths of a young father and his two children, looking for answers as to how such a tragedy could occur. According to a February 24, 2022 article posted by South Florida’s Local 10 News, the gruesome scene was discovered by the man’s wife and children’s mother. Upon her return from work in the late afternoon, she found all three victims floating in the family’s backyard pool. Though she called 911 right away, it was too late for the three individuals who drowned.

A police spokesperson mentioned that foul play was not suspected, and that the incident appeared to be a tragic accident. However, accidents happen for a reason. When there is no evidence of direct misconduct, it may come to light that defective pool equipment is to blame. If so, the manufacturer is a potential party that a Miami swimming pool accidents attorney would pursue for compensation. An overview may help you understand how liability works in such cases.

Defective Pool Equipment in Swimming Pool Accidents

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.

Wrongful Death Versus Survival Actions in Florida Personal Injury Cases

Published on: February 25, 2022 | by Gerson & Schwartz, P.A.

While accidents might have been knocked down a notch by COVID in the last two years, unintentional injuries are still the fourth leading cause of death in the US. The US Centers for Disease Control and Prevention (CDC) reports that more than 200,000 people are killed every year in preventable accidents, with falls and motor vehicle collisions topping the list. For surviving loved ones whose lives are forever changed, the grief and devastation can be overwhelming. In time, the victim’s family will also sustain significant financial losses from the void left behind.

Fortunately, Florida personal injury laws provide legal remedies after someone dies from unintentional injuries. There are two in particular that may apply if you recently lost a loved one — a wrongful death lawsuit OR a survival action. Though these options stem from the same fatal incident, they are different. A Miami wrongful death lawyer can explain the details, and you might find an overview to be informative.

Different Actions From the Same Fatal Incident

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.