Car Accidents

Tip One – What to do at the Automobile Accident Scene

December 6, 2012 | Wolfson & Leon

MIAMI BEACH – First, you should almost always get checked out at the scene by Fire Rescue if you’ve been injured even slightly. And always be complete and consistent with the medical providers at the scene. Even if you have medical training, it is exceedingly difficult to assess your own medical condition. Thus, strongly consider any offer from a fire rescue personnel on the scene to go in the ambulance to the hospital.

We are Miami Beach and Miami personal injury attorneys and have represented thousands of people in auto accident cases. Jerome H. Wolfson, Esq. has been practicing for over 50 years.

First responders like EMT (emergency medical technicians) know best when people need to go to the hospital. Listen to them. When they come to the scene, do what they tell you. If they say don’t move, don’t move. And do not forget to tell the EMT or Emergency Medical Technician on the scene every physical complaint that is bothering you after the accident. The reason this is important is because the insurance company or defendant will make a big deal out of anything that you may have forgotten to tell the Fire Rescue personnel. In fact, if you testify during your case that you had pain at the scene and you forgot to tell the EMT Fire Rescue person, the Defendant or Insurance Company may try to make it seem as though you are lying about your injuries.

You Can You Sue the Person You Rear-Ended – Sudden Stops, Short Stops, and Sudden Lane Changes

November 26, 2012 | Wolfson & Leon

MIAMI BEACH -　 On November 21, 2012, in Cevallos v. Rideout, 37 Fla. L. Weekly S739a, Case No. SX09-2238 (Fla. 2012), the Supreme Court overturned the lower court’s decision that the presumption that the accident was the rear drivers fault could not be rebutted.　 So, yes, you can sue the person that you rear ended. But let’s use some common sense. The accident has to be his or her fault, at least partially. As long as the person in front of you that you rear-ended did something wrong that rebuts the legal presumption that the accident was your fault, you should be able to recover.　 But your recovery is limited to the percentage of the accident that was not your fault.

So, if you were injured in a rear-end accident in Miami or Miami Beach, our attoneys may be able to recover for you even if you did the rear-ending.　　

The most common thing that a front driver does wrong to cause someone else to rear-end them is to make a sudden stop in an area where such a sudden stop wouldn’t be expected.　　　

Who Pays Costs in Personal Injury Rear-end Automobile and Fall Down Cases?

June 28, 2012 | Wolfson & Leon

(In Miami Beach, Miami, Aventura, Coral Gables, Wynwood and Miami-Dade, Broward, Palm Beach Counties.)

Whether we undertake representation of an individual in a fall down, rear end collision, or any other negligence case, it is usual for us to expend costs on behalf of the client.

The contingency contract of Wolfson & Leon of Miami, Florida includes a precise agreement as to the percentage of the potential gross recovery that is agreed to as the attorney fee. We can send you a copy of the agreement to review. And we forward and pay any expenses that may arise before a lawsuit is filed. Any such expenses that we pay on behalf of an injured client is repaid to the law firm from the gross recovery. But this is ONLY if we recover money for you. If we don’t get you any money, we will not request a penny from you for any attorney fee or cost we expended. So, we forward all of the costs of pre-suit preparation or litigation and do not get reimbursed if there is not a recovery. You only pay if you get paid and get money from a settlement or verdict.

Hit by a Car on Miami Beach

June 2, 2012 | Wolfson & Leon

Recently, we closed a case involving a lovely woman, our client, who was hit by a car on Miami Beach. She was crossing Pine Tree Drive and headed West on 41st Street (also known as Arthur Godfrey Road). The Northbound light on Pine Tree Drive was red. And our client entered the crosswalk with a “walk” signal. But a driver of an SUV (not a small car) took his foot off the brake and knocked her down. She was in the crosswalk when this happened. In our experience, Plaintiffs in pedestrian knockdown cases who are walking or standing and are hit by a moving car have the edge in court and negotiations. Drivers are called upon to look out for pedestrians. In fact, Florida Statute 316 places a heavy burden on drivers to keep a lookout for pedestrians or any person walking at or near a roadway. While a Plaintiff who was in a crosswalk and is hit by a car has a better case, it isn’t absolutely necessary to show you were in the crosswalk at the time the vehicle collided with your body.

Florida Statute 316.130 states that, notwithstanding a pedestrian’s duty to obey a series of laws, “every driver of a vehicle shall exercise due care to avoid colliding with any pedestrian or any person propelling a human-powered vehicle and give warning when necessary and exercise proper precaution upon observing any child or any obviously confused or incapacitated person.” However, pedestrians do have to follow the law and jaywalking in Florida is illegal. You can get a ticket for it. And, at a trial on a civil case, if you violate a jaywalking law, it may be used to say you were partially at fault or “comparatively” negligent in causing the accident. This doesn’t mean you can’t recover. Only that your recovery will be reduced by the amount or degree to which a jury finds you were negligent or “comparatively” negligent or at fault or wrong.

For example, one jaywalking law prevents a pedestrian from crossing a street at anything other than the shortest angle or a right angle. Another prohibits you from walking on a street shoulder if there is a sidewalk. To see the complete jaywalking laws, click on the following link: http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0300-0399/0316/Sections/0316.130.html.

Rear Ended Vehicle Usually Wins Liability / Fault Issue

May 15, 2012 | Wolfson & Leon

Every case has two parts: liability and damages. And, to win your case before a jury, you have to prove both by the greater weight of the evidence. In fact, if you cannot show liability, the jury does not even consider damages. Your Miami Car Accident Lawyer explains:

The practical impact of this is that, if a case is being negotiated before a lawsuit has been filed, an adjuster will look to both parts in order to evaluate it. Likewise, if a case has been filed at the courthouse, the lawyer for the defendant will evaluate both liability and damages in order to report to his client what he, she, or it is facing.

Now, in a car accident case, rear end collisions are usually the fault of the rear-vehicle. In fact, once a case gets to trial, there is what is called a “rebuttable presumption” that the person who did the rear-ending in the car accident is at fault, or wrong. This means that the person who rear-ended you is presumed to be in the wrong. He or she can “rebut” or refute that presumption by showing one of four things. To avoid getting a directed verdict at trial on whose fault the accident was, the defendant would have to show (1) that there was something mechanically wrong with his or her car; (2) that the lead driver made a sudden stop; (3) the lead driver made a sudden lane change; or (4) that the lead driver made an illegal or improper stop. Dept. Highway Safety v. Saleme, 963 So. 2d 969 (Fla. 3rd DCA 2007). With regard to the sudden stop exception, a sudden stop, alone, is insufficient. Clampit v. Spencer, 786 So. 2d 570 (Fla. 2001). Rather, for this exception to kick in, “the lead driver’s stop must occur “at a time and place where it could not reasonably be expected by the following driver”. Pierce v. Progressive, 582 So. 2d 712 (Fla. 5th DCA 1991).