Miami Personal Injury Attorney Blog

Road Rage and Aggressive Driving in Miami

July 23, 2016 | Wolfson & Leon

Miami Car accident lawyers deal with people who were injured by aggressive driving or even road rage every day. Road rage is the more extreme form of aggressive driving such as people who get out of their car to confront or assault other drivers. It also includes drivers who intentionally run into other cars or people. Aggressive driving can take many forms and often plays a role in numerous Miami car accident injury cases. In our analysis, it’s getting worse every day. Now there is a study on aggressive driving that backs up our opinion.

According to a recent study by the AAA Foundation for Traffic Safety, almost 80% of drivers in the past year had expressed road rage, aggression or extreme anger on at least once occasion. The information was collected in a national survey of 2,705 drivers who were at least 16 years old and had driven in the past thirty days. In 2014, it is estimated that there were over 213 million licensed drivers in the U.S. according to the Federal Highway Administration.

This AAA study suggests that about 8 million drivers in the United States had engaged in significant road rage including getting out of their vehicle to confront other drivers or intentionally ramming other cars. The perception of almost two thirds of drivers believe that aggressive and angry driving has increased over the past three years. Ninety percent of us believe that road rage and aggressive driving is a serious and significant threat to our personal safety.

Miami UberEATS Means Even More Uber Drivers

July 12, 2016 | Wolfson & Leon

Uber launched its new app called UberEATS in South Florida today. It opens the market for Uber drivers to deliver food from over 100 participating restaurants in the eastern corridor of South Florida from Brickell to Hollywood. Participating eating establishments include The Salty Donut, SoCalTaco, Salsa Fiesta, The Rice House of Kabob, Morgan’s Restaurant DIRT, Jar + Fork, Ms. Cheezious, Sushi Maki, the Daily Creative, Sliders, Roasters N Toasters and Wynwood Kitchen & Bar. Miami is the 19th city in the United States to launch UberEATS.

Miami Uber accident injury lawyers know that this means more Uber drivers on the road in Miami and Broward County. As miles and hours increase, so does the possibility of car accidents. The question is whether Uber will provide insurance coverage for its drivers and if so, when will that coverage apply. Presently, Uber is supposed to provide its drivers and passengers with insurance coverage of 1 million dollars. This insurance coverage is supposed to apply when the driver is engaged in the pick-up and delivery of passengers. But many questions remain for Uber car accident injury lawyers.

We expect there to be issues that will be litigated in the courts over the coming years. These questions will involve exclusions, coverage and limitations of liability. It is generally expected that Uber’s insurance coverage will apply when the driver accepts a ride request through the delivery of that passenger. But will there be coverage when the Uber driver has his app on and is available to accept rides but has no customers at that moment. What happens when a driver refuses a ride request and is involved in an accident? Will Uber’s 1 million dollar insurance cover that Uber driver?

The Most Important Insurance Every Motorcyclist Should Get

July 10, 2016 | Wolfson & Leon

boy Motorcycle accident lawyers in Miami come across this issue all the time. What kind of insurance should I get for my motorcycle? If you own a motorcycle, the most important insurance coverage you should have is uninsured motorist coverage.

If there is a motorcycle in your life – you, your spouse, your kids, your parents, even your grandparents – then you probably understand there is a risk. Especially in Miami. If you or a loved one is in a motorcycle accident, then two things are likely to happen. The injuries will most likely be significant or even fatal. Second, there is a very good chance the other driver will have little or no insurance. Those are just facts of life. Especially in Miami.

Motorcycle accident injuries can be severe. The simple fact is as a motorcyclist, you don’t have the protections that vehicle drivers have. You are directly exposed to the impact and the elements. In some unfortunate and heartbreaking cases, the motorcyclist is killed and a wrongful death case is brought on behalf of the survivors. In almost every motorcycle accident case, the medical expenses are astronomical in addition to the lost wages, loss of future earning capacity as well as pain and suffering.

Uber Gun Policy

July 7, 2016 | Wolfson & Leon

Miami police arrested an Uber driver in Coconut Grove for selling narcotics based on a tip. The law enforcement officers were engaged in an anti-gun violence operation. They received a tip and arrested the Uber driver at a convenience store on Grand Avenue. The driver was also in possession of a gun.

One question Miami personal injury lawyers face is whether Uber drivers and riders are legally allowed to carry a handgun when using the Uber app. The official Uber policy states: “Uber Firearms Prohibition Policy – Our goal is to ensure that everyone has a safe and reliable ride. That’s why Uber prohibits riders and drivers from carrying firearms of any kind in a vehicle while using our app. Anyone who violates this policy may lose access to Uber.”

Since Uber, Lyft and other ride-sharing transportation networks are privately held companies, they can uphold their Firearms Prohibition Policies. But in reality such prohibitions are unenforced until after something tragic or horrific happens.

Top 8 Things You Should Know About Testifying as an Expert Witness

June 21, 2016 | Wolfson & Leon

Let’s start with the assumption that you are well-educated and charming. You are board certified and have all the specialist certifications anyone in your field could hope to have in a lifetime. You love your family and your country. You know your field. People call you an expert and seek your opinion. So, does that mean you are ready to be an expert witness? Not necessarily.

The Miami personal injury lawyers at Wolfson & Leon have worked with experts in Florida for more than 60 years. Here are the top 8 things our attorneys say you should know about testifying as an expert witness:

You are what your records say you are. If there are any public records that might prove embarrassing, you can rely on a decent trial lawyer to find them. Understand that part of trial work is investigating the witnesses. That includes civil and criminal records; any state or federal records that are available; and even the property appraiser. If you are going to be an expert in court, then you should make sure your online presence in social media is pristine.

The Chinese Menu Defenses In Premises Liability Trials

June 12, 2016 | Wolfson & Leon

stairs-a18941 Most of us have ordered the specials at our favorite Chinese restaurant. You get to pick and choose from a variety of choices. Usually you pick a soup from column A. Then another choice for appetizer from Column B. Then yet another choice for the main course from Column C. You get to pick and choose. In a premises liability trial, the defense will usually present a Chinese menu of defenses and offer the jury a variety of ways to deny the injured person a full, fair and complete recovery. The Miami Premises Liability Lawyers at Wolfson & Leon deal with these defenses everyday.

A premises liability trial is usually filed against a property owner for injuries and damages. The types of premises liability cases can include slip and fall, trip and fall or negligent security. The defenses are stated in the defendant’s answer to the complaint. These defenses often include:

The plaintiff was intoxicated and therefore he/she cannot recover

How Can I Sue if I Rear Ended the Other Car?

June 12, 2016 | Wolfson & Leon

If you are driving a car and you rear end another vehicle, is it automatically your fault? The short answer is no. There are certain facts that may help you prove that the rear end car accident is not your fault.

Our Miami car accident lawyers meet with personal injury clients who were involved in rear end collisions. The question is always the same – who is at fault? So what does the law say?

When one vehicle rear ends another vehicle, the rear ending vehicle is presumed to be at fault. But that presumption is rebuttable. What does that mean? It means that even if your vehicle rear ends another vehicle, it may not be your fault.

Boating Accident Injury Lawyers in Miami

May 23, 2016 | Wolfson & Leon

image002-300x240 The Boating Accident Injury Lawyers at Wolfson & Leon have reviewed the 2015 Boating Accidents Statistical Report which was published by the Florida Fish and Wildlife Conservation Commission. The results were shocking. The Florida Keys and Broward County led the state in boating related deaths with five boating-related deaths each. If you or a loved one were injured in a boating accident, you should call the Miami Boating Accident Personal Injury Attorneys for a free consultation today at (305) 285-1115.

Boating Accident Statistics

Here are the important facts you should know when it comes to boating safety in Florida:

Insurance Companies Blame Rate Hikes on Low Unemployment

May 22, 2016 | Wolfson & Leon

Lynne McChristian of the Insurance Information Institute recently told the Miami Herald that auto insurance rates are rising because of the drop in the unemployment rate as the main reason. “It’s an unintended consequence of low unemployment,” she said. “You have more people with jobs to go to.” That’s a new one for Miami car accident lawyers and their personal injury clients.

Four years ago, the Florida Legislature allegedly reformed the PIP (Personal Injury Protection) laws. As part of the reform deal, our insurance rates were supposed to drop. Car insurance rates dropped after the 2012 changes by 0.2% in 2013-2014. But in 2015-2015 those rates increased by 13.8% according to the Florida Department of Insurance Regulation.

Since January 2015, the insurance companies have raised automobile insurance rates an average of 15%. In fact Allstate has increased its PIP rates by 40 %.

Ms. Christian claims that average PIP claim in the last quarter of 2015 was $8280 which is close to the average in 2011 of $8,520 before the PIP reforms were instituted. Of course the insurance companies claim fraud is driving the rates higher in spite of the fact that these same insurance companies pushed through the reforms they wanted.

Insurance Company Statistics are Like Bikinis

Aaron Levenstein once said “Statistics are like bikinis. What they reveal is suggestive, but what they conceal is vital.” Insurance companies are experts in using statistics to move their agenda

How to Represent Yourself in a Slip and Fall Injury Claim

May 20, 2016 | Wolfson & Leon

Filing a Slip and Fall Claim in Miami without an Attorney

First things first. You are not required to have a Miami slip and fall attorney to file a claim for injuries from a slip and fall case. You can represent yourself. You cannot represent someone else unless you are licensed attorney in that jurisdiction. If you do try to represent someone else, you could be criminally liable for practicing law without a license.

Next, you need to decide if you want to represent yourself. If you do, you need to understand what you are up against. If you were injured in a slip and fall accident, there are certain things you should know about slip and fall accidents including what to do after a slip and fall accident in Miami. If you were injured on a business owner’s property such as a mall, retail store, restaurant, boutique or supermarket then you need to think it through. Business owners are not likely to just give you money because you might have been hurt on their premises.