IAS-Law Offices of Ivan A. Schertzer

Hablamos españolNous parlons kreyol

Free Initial Consultation
800-639-8084
No Fee or Costs if No RecoveryWe Will Come to Your Home or Hospital

Miami Personal Injury Law Blog

The dangers alcohol poses to elderly drivers

The state of Florida has strict laws when it comes to punishing people who are convicted of a DUI. Measures such as mandatory ignition interlock devices for certain offenders are intended to discourage drinking and driving. According to Mothers Against Drunk Driving, 676 people in Florida were killed in a fatal car accident last year when the driver had a blood alcohol concentration of 0.08 or higher.

A recent study points out that impairment can begin much sooner than that legal threshold, especially in older Americans. Researchers at the University of Florida evaluated the effect that just one alcoholic beverage can have on two age groups: those who are 25 to 35 years old and those who are 55 to 70 years old.

Express lanes alleged to increase danger on Miami freeway

Miami residents may not have extreme winter weather conditions to face on the roads but they must still navigate many other dangers when driving or riding as a passenger in motor vehicles. Road hazards, a distracted driver, a fatigued driver, a drunk driver and more can cause a serious injury or even fatal car accident in the blink of an eye.

Such situations can occur on any type of road, at any type of day or night but one stretch of I-95 is getting a lot of attention lately. Many, including the Florida Highway Patrol, consider the express lanes to be highly dangerous. When these lanes were developed six years ago, the Florida Department of Transportation reduced the width of the shoulder from the standard 15 feet to just below eight feet and also reduced the width of the driving lanes. Poles were put in between the express lanes and the regular lanes in an effort to keep people from switching lanes in undesignated locations.

What are Florida's bicycle laws?

Every year, bicyclists are injured or killed on Florida roads. According to the National Highway Traffic Safety Administration, the state had 122 biker deaths in 2012, making it the second most fatal state for riders. In order to prevent an accident from occurring, both cyclists and motorists have a responsibility to share the road.

According to Florida law, a bicyclist is expected to follow traffic signs and patterns. Additionally, the law states that cyclists must do the following:

  •        Yield to pedestrians when on a sidewalk or in a crosswalk
  •        Have a bicycle equipped with properly working brakes
  •        Have a white light attached to the front of the bike and red reflector and lamp on the rear when riding between sunset and sunrise
  •        Use the bike lane or ride as close as possible to the curb

Wrongful death claims and legal considerations

Every year, countless people across the state of Florida and the entire country lose friends and family members to serious illness and medical complications. And while many medical-related deaths are unexpected and unavoidable, others are the result of negligence and/or wrongdoing on the part of medical professionals. Pursuing wrongful death claims against liable parties can go a long way to hold them accountable for their actions, but potential claimants must first meet a number of legal standards regarding Florida medical malpractice claims.

According to the Florida Legislature website, those who pursue wrongful death claims against medical professionals or healthcare providers are responsible for illustrating that the actions that allegedly resulted in the victim’s fatal injuries were negligent. An important aspect of demonstrating negligence is showing how the actions in question failed to comply with customary professional standards of care. For instance, the claimant is obligated to prove that the healthcare provider or providers identified as defendants in the wrongful death lawsuit failed to offer a level of care or precaution in compliance with current standards. Injuries that are possible and reasonably foreseeable within the context of the particular case and course of medical intervention taken may not be considered grounds for pursuing medical malpractice claims, therefore.

Is my landlord responsible for my injuries?

As an apartment tenant in the state of Florida, you may appreciate the fact that you are not responsible for maintaining the grounds of your apartment complex. It is largely the responsibility of managers and/or owners to maintain apartment properties and address any and all hazardous conditions that can arise. In the event that you or a loved one sustains an injury on the grounds of an apartment complex, it is important to understand if and how the property owner may be held liable for the incident.

 While legal liability once fell largely on the tenant to fix and prevent dangerous conditions, the National Paralegal College explains that the landlord and property owner are now primarily responsible for ensuring that apartment complexes are safe for tenants. Therefore, there are several circumstances under which you may be able to hold your landlord liable for injuries sustained on the apartment property.

Pedestrian accident concerns and statistics

As long as you and your loved ones are standing clear of traffic on the sidewalk and/or another pedestrian zone, you may feel fairly confident that you are safe. Unfortunately, however, we here at the Law Offices of Ivan A. Schertzer deal with many cases where pedestrians are seriously and even fatally wounded in car accidents. That is why Florida personal injury experts and public safety agencies alike are taking efforts to spread awareness of pedestrian accidents, and promote safety measures across the state.

According to the Florida Pedestrian and Bicycle Strategic Safety Plan, prepared for the Florida Department of Transportation, people in the state are especially vulnerable to pedestrian accident injuries and fatalities. In 2011, it was estimated that 11 percent of all pedestrian accident fatalities in the country occurred in Florida, even though the state only accounted for around 6 percent of the entire population of the US. And while the state’s pedestrian fatality rate was believed to decline slightly from the year before, it was still estimated to be two times higher than the national average.

An accident with an uninsured or underinsured driver can hurt

There is no arguing that any car accident can cause long-lasting physical and financial repercussions. However, if you were hit by someone who had no vehicle insurance or insurance that was inadequate to cover the victim's damages, the results are even more serious. Many Florida residents choose to drive either without insurance or with only the minimum required by law. At the Law Offices of Ivan A. Schertzer, we have seen numerous clients affected by accidents caused by uninsured and underinsured drivers.

What does it mean if the person who caused your accident was uninsured or underinsured? Usually this means that you would have to pay for your own damages, both medical and property, out of your own pocket or with your insurance. Not surprisingly, this can add up to thousands of dollars of your own money, especially if you have high deductibles. Further complications can arise if you end up out of work for any length of time to recover from your injuries.

What should you do immediately after a car crash?

Automobile accidents are usually so sudden and unexpected that the victims can be left in shock, without knowing what to do next. If the proper steps aren’t taken after a crash, you might be left unprotected legally and medically. It’s important for every Florida resident to understand what to do after an accident.

According to State Farm, those involved in a car crash should take several steps immediately after the accident for both their safety and their legal protection. These include:

Protecting your loved one from nursing home abuse

When you are entrusting the care of an elderly or disabled relative to a nursing home or assisted care facility, you have every right to expect caregivers to treat your loved one with dignity and respect. This can be especially important to you if your loved one is nearing the end of his or her life and you wish for him or her to be as comfortable and happy as possible. The attorneys at the Law Offices of Ivan A. Schertzer realize that some Florida nursing homes fail to give those under their care the high standard of treatment that they deserve.

According to ABC News, a study by the Special Investigations Division of the House Government Reform Committee revealed that about 30 percent of the nursing facilities in the country had some form of nursing home abuse or neglect on their records. Some of these incidents were severe enough to cause an injury or death or to place a resident in danger of being seriously injured or killed.

Florida near top of list for fatal work zone crashes

In a warm state like Florida, road construction can go on throughout the year. As any motorist will attest, work zones can be frustrating as well as dangerous to drive through. Not only do drivers have to contend with delays, sudden traffic stops and reduced speed limits, but other drivers can present a hazard.

According to the Centers for Disease Control and Prevention, Florida ranked as one of the top three states for auto accident fatalities in maintenance and construction zones in 2012. At least 50 people lost their lives in work zone-related accidents that year. Some of the most common risks people face in work zones include:

Office Location

Law Offices of Ivan A. Schertzer
16211 NE 18th Avenue
North Miami Beach, FL 33162

Phone: 305-940-0007
Toll Free: 800-639-8084
Fax: 305-354-8895
North Miami Beach Law Office Map