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car keysCar accidents are the leading cause of death and serious injuries in Florida. Unfortunately, these accidents are commonplace and can happen to anyone at any time. If you or someone close to you has been injured in a car accident, you need to speak to a skilled Miami auto accident attorney who can analyze your case. At the Law Offices of Robert Dixon, we can examine what happened at the time of your accident and figure out all of your options, including which insurance claims you may be able to make.

During the upcoming legislative session, the Florida senate will determine the merits of repealing Florida’s requirement for drivers to carry personal-injury-protection (PIP) insurance. For a long time, PIP has been mandatory for Florida drivers and is a facet of car insurance that covers medical bills, lost wages, and other damages. Every driver is required to carry at least $10,000 in coverage. The policy is designed to limit lawsuits from auto accidents. Florida is one of 10 states to require drivers to carry PIP insurance.

When you get into a car accident in Florida, you have to file a claim with your own PIP insurance for your injuries resulting from the accident. However, if the injuries are severe and permanent, you can file a claim against the other driver and, in some cases, a lawsuit. Auto accident lawsuits are rooted in the theory of negligence. Negligence occurs when a person causes an accident and resulting injuries due to carelessness, recklessness, or misconduct behind the wheel. Put simply, when a driver causes an accident because he or she failed to act as a reasonably prudent driver would have acted in the same or similar circumstances, that driver will likely be liable.

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pig

Truck accidents can have devastating consequences for everyone involved. If you or someone close to you has been injured in a crash caused by a truck driver’s negligence, you may be entitled to compensation. At the Law Offices of Robert Dixon, our Miami truck accident attorneys can analyze the facts of your case and help you understand your legal rights and options. With years of experience, we understand how to navigate these types of cases.

Last month, on Thanksgiving morning, a truck crash sent pigs wandering on I-95 in St. Johns County when a semi-trailer carrying them collided with another truck. Upon impact, the truck carrying the pigs overturned, causing the animals to escape onto the shoulder of the highway. The second truck continued down the right side of the highway for approximately 1,000 feet before it partially rolled over as well. The accident took place just before 4 a.m. in a muddy area, which was made worse by rainfall. Miraculously, no one was injured in the accident, but the Florida Highway Patrol warned drivers to use extra care on the highway, due to the possibility of loose livestock. This is not the first time that pigs or other livestock have been left wandering the streets after an accident, and, unfortunately, it probably will not be the last.

Unfortunately, truck accidents are more common than you may think. In 2015, a total of 3,852 people were killed in large truck crashes, according to the Insurance Institute for Highway Safety. About 16 percent of these deaths were truck occupants; 69 percent were occupants of cars and other passenger vehicles; and 15 percent were pedestrians, bicyclists, or motorcyclists.

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highwayDrivers of motor vehicles have a legal obligation to drive safely, which includes following traffic laws. This obligation includes determining that a movement, such as changing lanes, can be made without endangering others. If you or someone close to you has been injured in an accident caused by an improper lane departure, you may be entitled to compensation for your harm. At the Law Offices of Robert Dixon, our Miami car crash attorneys can analyze the facts of your case and help you determine your legal rights and options.

Any time a car veers out of its designated lane, there is a significant risk that an accident will occur. Unfortunately, lane departure accidents are more common than you may think. According to the American Association of State Highway and Transportation Officials, approximately 25,000 fatalities are caused by lane departure crashes each year. In fact, the Federal Highway Administration found that over 18,000 individuals died in lane departure crashes in 2013 when a driver left his or her lane and either crossed the center line into oncoming traffic or went off the edge of the road altogether. A lane departure accident can happen for any number of reasons, including but not limited to:

  • Excessive speeding;
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brakesWhile they are not common, accidents caused by faulty brakes do happen in Florida and across the United States. When these accidents happen, they can lead to devastating accidents, seriously injuring and even killing those involved. Whether an accident occurred because your brakes failed or because the brakes failed on the vehicle that hit you, we can help. At the Law Offices of Robert Dixon, our Miami car accident attorneys can evaluate every available legal option to make sure you are fully compensated for the injuries that you suffered.

Brake failure is difficult to prove. Much of the time, evidence in these cases will be circumstantial, so it is important to document everything after a wreck. One of the most challenging aspects of a brake failure claim is identifying each potentially liable party. In some cases, the owner of the vehicle may be considered negligent if he or she knew a brake replacement was due but failed to get one. Negligence takes place when a person causes an accident and injuries by failing to act how a reasonably prudent person would have acted in the same or similar circumstances. For example, a reasonably prudent person would get the brakes changed if that person had been alerted to the fact that the brakes needed replacement. As a result, someone who causes an accident in this way would likely be responsible for any resulting harm.

In other cases, the auto shop could be liable for the negligent repair of the vehicle. Again, a lawsuit against an auto shop would be based on the theory of negligence. The relevant question would be:  would another auto shop using reasonable care have done the same thing as the defendant auto shop? If the answer is no, the defendant auto shop will likely be liable.

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kneeWhen accidents take place, the risk of being injured is quite high. While some injuries are minor, and individuals can make a full and speedy recovery, in other cases, injuries stemming from auto accidents can result in life-changing disabilities. If you or someone close to you has been injured in an accident caused by someone else’s negligence, you can recover compensation for your harm. At the Law Offices of Robert Dixon, we are here to guide you through the legal process. We understand that this is a stressful and difficult time for you and your family, which is why we will handle your case with the utmost compassion.

Under Florida’s personal injury liability law, you are not liable for another person’s bodily injuries even if you caused the car accident unless those injuries meet a certain threshold. If the injuries do not meet the legal threshold, the injured party cannot recover compensation for any pain and suffering or non-economic damages associated with those injuries. This is because Florida drivers must carry $10,000 in personal injury protection coverage, and the idea is that this policy will pay for medical expenses, lost wages, travel expenses, and other out-of-pocket costs that may arise from auto accidents. This coverage kicks in first, irrespective of who caused the accident.

Under Fla. Stat. Ann. Section 627.737, if a person sustains one of the following types of injuries in a motor vehicle accident, the “threshold” standard will be met:

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carMedical expenses, lost wages, and property damage are just some of the damages that a personal injury plaintiff would typically be entitled to receive after an accident. Every accident is different, and the amount of damages a plaintiff will be entitled to receive will vary based on the specifics of the case. If you have been injured in a car accident caused by someone else’s negligence, our skilled Miami car accident attorneys can help you determine the appropriate amount of damages in your case. With years of experience, we understand how to navigate these types of claims in an effective and efficient manner.

In a recent case, the plaintiff got into a car accident with the defendant. The defendant admitted that he caused the crash but disputed that the accident caused the plaintiff’s permanent injuries.

At trial, the plaintiff’s pain management physician testified that the plaintiff would require palliative care that would cost between $525,000 and $850,000. The plaintiff’s orthopedic surgeon testified that while the plaintiff’s condition was stable, cervical surgery would help increase the plaintiff’s functional capacity and quality of life. The cost of cervical surgery can be between $90,000 and $120,000. He also stated that if the surgery was not entirely successful, a follow-up lumbar surgery might be needed that would cost between $60,000 and $90,000. The plaintiff also sought lost wages, testifying that she was afraid of losing her job due to her injury.

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car accident

Sadly, each year, a number of people die in Florida in accidents that were not their fault. If your loved one was killed in a car accident, you may be able to recover damages through a Florida wrongful death claim. At the Law Offices of Robert Dixon, our seasoned Miami wrongful death attorneys are committed to protecting the rights of our clients throughout the whole legal process.

Earlier this month, four members of a British family were killed in a car crash in Titusville as they returned to their rental house from the Kennedy Space Center, where they had gone to watch the launch of Elon Musk’s SpaceX rocket. The fatal crash occurred when the car turned into the path of a pickup truck. The family members, ranging from ages 29 to 66, were all later pronounced dead at the scene. The driver of the pickup truck sustained injuries, although they were not life-threatening.

Police believe the driver of the car was making a U-turn because the GPS in the vehicle had instructed him to do so. The instruction was likely prompted by an earlier crash that had caused a road blockage ahead. Essentially, the GPS was re-routing the family so that they would not get stuck in a jam up ahead.

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dump truck If you have been injured in a dump truck accident, you may have suffered serious injuries for which you may be able to receive compensation. At the Law Offices of Robert Dixon, our skilled Miami truck accident attorney can review your case and prepare all of the documents needed to move you through the legal process. We understand this is a stressful time in your life, which is why we will try to make the process as seamless as possible for you.

Earlier this month, a 20-year-old man was fatally struck in Tampa after he walked in front of a dump truck. According to the Hillsborough County Sheriff’s Office, a dump truck was about to turn left on a green left turn arrow. As the truck was approaching the intersection, the pedestrian attempted to cross the street but was not within a crosswalk. As he stepped onto the street, he was hit by the truck and died at the scene of the accident. An investigation into the accident is ongoing.

A dump truck refers to a truck with a body that tilts or opens at the back for unloading. These trucks are typically used for transporting loose material, such as sand, gravel, or demolition waste, for construction. Due to the size, shape, and weight (weighing up to 60,000 pounds) of dump trucks, these vehicles pose distinct hazards to others on the road. Additionally, dump trucks have a higher center of gravity, putting them at a higher risk of tipping over. According to one survey of over 22,000 trucks involving fatality accidents, dump trucks have the highest fatality rate of any type of commercial truck. In fact, per 100 million miles traveled (MMT), these trucks had 5.96 fatalities.

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pillsUnfortunately, medical errors affect many people in Florida every year. If you have been harmed due to a medical professional’s negligence, you need to reach out to a reputable Miami medical malpractice attorney without delay.

In a recent case, the plaintiff filed a claim against a doctor and a pharmacy for overprescribing medication. The deadline for pre-discovery passed, and the plaintiff had not identified any expert witness who would be testifying for her at trial. The court determined that the plaintiff had failed to designate any expert on the applicable standards of care until the day on which the district court had scheduled the summary judgment hearing. The district court ruled that since the plaintiff was late in naming an expert, the expert should be excluded, and without expert testimony, the plaintiff would not be able to establish his or her case based on the alleged standard of care violation by the defendants.

The plaintiff appealed. The appellate court affirmed the lower court’s decision, explaining that trial courts have broad discretion regarding how to handle their caseloads, including imposing sanctions when a party fails to comply with relevant deadlines. For starters, the court pointed out that the plaintiff had not preserved the issue for appeal, and even if the issue had been properly preserved, the plaintiff would not have been able to win because she failed to explain why the notice of expert testimony was filed more than three months past the discovery deadline. Ultimately, the plaintiff’s case was dismissed against the doctor as well as the pharmacy.

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wrong way Car accidents are always scary, but imagine driving down the road only to realize that there is a vehicle driving toward you in the wrong direction. That situation could lead to a serious, even deadly head-on collision. If you or someone close to you has been injured in a wrong-way accident, you need to reach out to an experienced Miami car crash attorney who can help. At the Law Offices of Robert Dixon, we are committed to helping our clients seek the compensation they deserve for their injuries.

Earlier this month, a 98-year-old man killed two teenagers as he drove his RV the wrong way on a Florida road and caused a head-on collision with a pick up truck. The two teenagers, who were both wearing their seatbelts at the time of the accident, were pronounced dead at the scene. The man was rushed to the hospital and was last reported to be in critical condition. He had a passenger in the RV, a 75-year-old woman, who also suffered serious injuries. At the time of the tragic accident, the two girls who were killed were on their way to a BBQ dinner.

Wrong-way driving takes place when a person drives against the direction of traffic. This is a serious mistake and can lead to serious, even fatal accidents. Wrong way driving most often results in head-on collisions. The National Highway Traffic Safety Administration (NHTSA) found that wrong way drivers are involved in 1.5 percent of overall deadly crashes. In addition, NHTSA data reveal that, on average, about 350 people are killed each year nationwide in wrong-way freeway accidents. In Florida, the Florida Department of Transportation reports that 280 wrong-way accidents killed 75 victims on Florida highways between 2009 and 2013.