Articles Posted in Car Accidents

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On highways and other roads throughout Florida, drivers often pay more attention to their phones than the road, causing accidents that result in serious injuries. In the worst cases, these accidents lead to death. If you or someone close to you has been hurt or killed in an accident caused by a driver who was texting and driving, our seasoned Miami car accident attorneys can help you pursue the compensation that you are entitled to receive. With extensive experience in Florida personal injury law, we will see to it that your rights are protected at every stage of the legal process.

In May, Governor Ron DeSantis signed the “Wireless Communication While Driving” bill into law, which makes texting behind the wheel a primary offense carrying a punishment of a fine. Prior to this bill, officers could only issue citations to people texting and driving if they were stopped for another traffic violation. Beginning July 1, however, police officers can stop drivers solely for texting and driving. Even though the law goes into effect next month, the Florida legislature is giving drivers some time to adjust to the latest law. As a result, police officers will only give warnings to people pulled over for texting and driving until January 2020, at which point they can begin writing citations. A first offense carries a punishment of a $30 fine, and a second offense costs $60.

An individual who operates a motor vehicle and texts at the same time threatens the safety of others on the road. If you have been injured as a result of a distracted driver, you may be able to recover compensation by filing a personal injury claim in a Florida civil court. Most personal injury claims are rooted in the theory of negligence. To demonstrate negligence, the plaintiff is required to prove the following elements:

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A car accident can change your life in an instant. If you have been injured in a car wreck that was not your fault, you need to contact a skilled and experienced Miami auto accident attorney as soon as possible. At the Law Offices of Robert Dixon, we are committed to protecting the rights of car accident victims throughout South Florida. We strongly believe that you should not have to deal with the burden of medical bills, car repair expenses and the cost of missing work because of someone else’s carelessness.

In a recent opinion, the plaintiff was driving on a dark road around 4:45 a.m. when he struck cows that were on the road. The nearby gate that enclosed the cows pastures was discovered to be open. The plaintiff sued the landowner under the Warren Act, which imposes liability on owners of livestock for injuries caused by the livestock wandering onto public roads due to the owner’s negligence. In the case at hand, the plaintiff argued that the landowner was negligent for allowing his cows to escape their enclosure and wander onto a public road. The plaintiff sought damages for pain, disability, disfigurement, mental anguish and loss of income, arguing that the accident would not have taken place had the landowner locked the pasture gate.

At trial, the lower court excluded evidence of a prior incident in which the cows escaped because the facts of the prior case were not substantially similar to this case. Rather, the trial court found that the prior breakouts were  prompted by hurricanes, hunters and fallen trees – not by an unlocked or unlatched gate. The jury found that the defendant was not liable and the plaintiff appealed.

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Disregarding a stop sign can lead to serious, even deadly accidents. If you’ve been injured or lost a loved one in a crash caused by a driver’s stop sign violation, please contact us as soon as you can. At the Law Offices of Robert Dixon, our Miami car accident attorneys will investigate the facts of your case; figure out the best way to establish fault, and help you get the compensation you deserve in your case.

Last week, a Tesla driver blew through a stop sign at a Florida Keys intersection causing a deadly accident. The Tesla ran the stop sign, hit the side of a parked pickup truck causing the truck to spin out of control. When the truck lost control, it ended up striking a man and woman who were standing beside it. The impact of the collision threw the woman about 20 feet into the woods, ultimately killing her, according to the Florida Highway Patrol (FHP). The Tesla finally came to a stop after rolling into some branches, the FHP noted in their report.

Stop signs are put on roads to control the flow of traffic and minimize the risk of accidents. All drivers behind the wheel have a duty to follow traffic laws and make sure they are operating their motor vehicle in a reasonably safe manner. Under Florida law, you must bring your vehicle to a full stop at an intersection with a stop sign. The driver must stop at the designated stop line or crosswalk. If there is no designated line, the driver is required stop as soon as the driver can see crossing traffic. Once the vehicle is stopped, the driver should look both ways and then proceed forward when it is safe to do so.

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Rear-end accidents are the most common type of accidents on the road. If you have sustained injuries in a rear-end crash, you may be entitled to compensation from the at-fault party. At the Law Offices of Robert Dixon, our trusted Miami rear-end accident attorneys will analyze the circumstances surrounding your accident and help you determine a fair value for your injuries and harm.

In Restal v. Nocera, an accident took place in Brevard County in which the defendant’s vehicle rear-ended the plaintiff’s car. The plaintiff filed a lawsuit against the defendant alleging permanent bodily injury and various other related damages. During deposition, the plaintiff said she was going to make a U-turn, moved toward the median and slowed down to approximately thirty miles an hour. She claimed that she never used the brakes. She then realized that she couldn’t make a U-turn at which point the defendant struck her car from behind. The defendant told a different story. He stated that the plaintiff slammed on her brakes and was turning towards the center median when he hit her and admitted that he could have prevented the accident if he had left more space between his vehicle and the plaintiff’s vehicle.

The trial court granted summary judgment against the defendant based on his admission as well as the presumption of liability in rear-end accident cases. Thus, the trial was held only on how much the plaintiff was owed. The defendant appealed stating that his testimony was enough to raise an issue about whether the plaintiff’s comparative negligence was a contributing factor in the accident.

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Car accidents can have potentially devastating consequences for everyone involved. If you have suffered harm in a car accident caused by someone else’s wrongdoing, error or carelessness, we can help. At the Law Offices of Robert Dixon, our diligent Miami car accident attorneys will analyze the circumstances surrounding your wreck and help you understand your legal rights and options. With years of experience, you can trust that your case is in good hands.

Apparently, you are more likely to survive a car accident if you are riding in the front, according to a new study published by the Insurance Institute for Highway Safety (IIHS). In response to this finding, IIHS is encouraging automakers to improve safety for backseat passengers. Currently, there is no national standard or method to evaluate rear passenger safety in front-end collisions. To address this, IIHS is developing a standardized test that will determine how well a motor vehicle protects backseat passengers. The initiative began after IIHS reviewed 117 accidents across the country in which many rear passengers, who were wearing seat belts, suffered more serious injuries or were outright killed– when compared to front seat passengers in front-end accidents. According to the report, it is not necessarily that the back seat has become less safe; it is that the front seat has become more safe with automakers adding a variety of active and passive technologies (i.e., airbags that activate during side impacts and rollovers) to improve passenger safety.

All drivers on the road have an obligation to drive in a safe and prudent manner. To hold a driver accountable for an accident, you must show that the driver was negligent and that his or her negligence led to the accident and resulting harm. To establish negligence, the plaintiff (i.e., the injured party) is required to demonstrate each of the following elements: i) the defendant owed the plaintiff a duty to drive using reasonable care; ii) the defendant violated this duty to use reasonable care behind the wheel; and iii) the defendant’s violation was a direct and proximate cause of the plaintiff’s damages (i.e., bodily harm or property damage).
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Inclement weather should prompt drivers to be even more careful than they normally are behind the wheel. If you’ve been hurt in a car accident caused by adverse weather, you may be able to recover compensation for your injuries. At the Law Offices of Robert Dixon, our highly capable Miami car accident attorneys will investigate the merits of your case and provide you with an honest assessment of your claim. You can trust that our team is committed to putting the interests of our clients first.

A new study published in the Bulletin of the American Meteorological Society found that even light rain can greatly increase your risk of being in a deadly car accident. The study examined 125,000 motor vehicle accidents in the Lower 48 states from 2006 to 2011, taking into account how many cars are on the street to determine the risk of a deadly accident. The report found that the more wet the roads are, the more dangerous they become, with rain, snow and ice increasing the risk of fatal wrecks by about 34 percent. In fact, even when it is merely drizzling, the risk of a deadly car accident increases by 27 percent. One of the main takeaways from the study is that while people tend to slow down and drive carefully when it is raining heavily, they under-appreciate the risk of light rain.

Rain is one of the top causes of car accidents. Drivers can skid and lose control of their vehicles on rainy days more so than on days when the road is dry. Driving in the rain also reduces a driver’s visibility, which can be very dangerous. For these reasons, drivers are expected to be extra careful behind the wheel when it is raining. Among other things, this includes driving at a safe speed, turning your headlights on and refraining from following another vehicle too closely.

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Tire blowout accidents are sudden and can result in serious, even lifelong injuries. If you have sustained an injury in a motor vehicle caused by a tire blowout or a defective tire, it is vital to speak to a trusted and hard-working Miami car accident attorney who can assist you. At the Law Offices of Robert Dixon, we will work diligently to get you get the compensation you are lawfully owed. We are here to answer your questions and address your concerns throughout the entire legal process.

A 43-year-old man was killed in a single vehicle crash on northbound I-75 last week when his tire blew out causing the vehicle to flip over. According to the Florida Highway Patrol, the driver of the car lost control of the vehicle when the tire blew out. The car veered off the road into the shoulder and the driver over-corrected back across the road at which point the vehicle rotated and then overturned. The car came to a final rest blocking northbound lanes of the highway, which had to be shut down for some time. Sadly, the driver suffered deadly injuries at the scene of the accident.

Tire blowouts are one of the top causes of car accidents. These crashes can have a number of causes such as:

  • Drop or increase in air pressure
  • A large cut in the tire;
  • Overloading your automobile
  • Mismatched tires
  • Balding tires

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Texting behind the wheel can lead to serious, even deadly accidents. If you have been hurt in a car accident caused by another driver who was texting while driving, you may be able to obtain compensation for your injuries through a lawsuit. At the Law Offices of Robert Dixon, our highly skilled Miami distracted driving attorneys can help you understand your rights and provide guidance about your next steps.

States that prohibit texting while driving witnessed an average 4 percent reduction in emergency room (ER) visits after auto accidents, which translates to 1,632 traffic-related emergency room visits per year according to a new study published in the American Journal of Public Health. Researchers analyzed emergency department data from 16 states between the years of 2007 and 2014. The states were chosen based on how readily available information was pertaining to auto accident injuries for which ER treatment was needed.

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If you have been injured in a car accident, you need a skilled legal advocate on your side. At the Law Offices of Robert Dixon, our reputable Miami auto accident attorneys thoroughly understand the nuances of Florida personal injury law, including the process of obtaining evidence from the other parties in the case.

Dade Truss Co. v. Beaty

In a recent case, a Florida appeals court held that a defendant could not improperly avoid discovery based on untrue claims of privilege. In July of 2016, the plaintiffs got into a motor vehicle accident with the defendant, who was driving a tractor-trailer owned by his employer. In September 2016, the plaintiffs filed a personal injury lawsuit against the defendant, shortly after which began the process of discovery. During the process, the defendants noted a private investigator as a fact witness. The private investigator was subpoenaed for a deposition and he was requested to bring all documents relevant to his investigation of the plaintiff. When the deposition ended, the plaintiff’s lawyer stated that the private investigator would give his opinions on a future date.

The plaintiffs then made a request for production, which is a legal request for documents related to the case made to the opposing party. Specifically, the plaintiffs sought documents that showed the private investigator’s insights and observations. The defendants objected citing work product privilege and removing the private investigator from the witness list. The trial court overruled the defendant’s objection. In addition, defendants objected to other requests for production citing work product privilege for some and general objections to the others. However, the defendants did not file a privilege log identifying the documents they claimed to be privileged. As such, the trial court overruled the objections and ordered document production within ten days. The defendants filed a certiorari petition.

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Being involved in a car accident is difficult enough and it can be even worse knowing the accident was the result of a flaw in the car you thought was safe to drive. If you or a loved one has been in an auto accident that you believe was caused by a defect in the vehicle, you may have grounds to sue the manufacturer. At the Law Offices of Robert Dixon, our highly skilled Miami products liability attorneys are committed to getting our clients the monetary damages they deserve.

A Tesla driver was killed when his vehicle burst into flames in Davie last week. According to police, the Tesla repeatedly caught fire after being brought to the tow yard. For some unknown reasons, the car swerved through three lanes of traffic, struck a median and some trees before catching fire. By the time an officer arrived at the scene, the Tesla Model S was engulfed in flames, burning the driver’s body beyond recognition. The Tesla was traveling at an estimated speed of between 75 mph and 90 mph according to eyewitness reports. The posted speed limit is 50 mph. It is unclear whether the crash was a result of a technical flaw in the car or because the driver experienced a health problem right before losing control of the car.

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