Articles Posted in Car Accidents

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Sadly, drugged driving has become an epidemic all across the country. If you have been injured in a car accident caused by a driver who was under the influence of marijuana, we can help you and your family. Our Miami personal injury lawyers understand the system and will work tirelessly to protect your rights and help you recover the maximum amount of compensation in your case. In short, we understand the law and will put that knowledge at work for you.

A new study by the AAA Foundation found that while almost 15 million Americans admit to driving within one hour after using marijuana, most do not think they will get caught by police for driving while high. In fact, the study found that an estimated 14.8 million drivers, nationwide, report that they have driven within one hour of using marijuana at least once in the past 30 days. This is worrying since it takes one to four hours after using the drug to feel its impairing effects. Researchers have found that more Americans approve of driving after using marijuana (7 percent) than they do driving drunk (1.6 percent). Marijuana users who drive high are up to twice as likely to be involved in a crash.

With the legalization of marijuana in many states, drugged driving deaths have increased. Florida DUI laws criminalize the operation of a motor vehicle not only when a person’s blood alcohol concentration is .08 or above, but also if a person is under the influence of drugs, including marijuana. While a DUI arrest can lead to criminal consequences, it can do surprisingly little to compensate accident victims for their injuries and losses. Instead, an accident victim can file a civil negligence lawsuit against the impaired driver.

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A car accident can lead to severe injuries and property damage. After a crash, medical bills and other bills often start to pile up, taking a serious financial and emotional toll on the victim. If you’ve been hurt in a car crash, finding the right lawyer can help your ability to receive the compensation you are entitled to. Our trusted Miami injury attorneys have the legal experience and background needed to effectively advocate for your rights. We will handle the legalities of your case so you and your family can turn your attention towards healing.

SmartAsset recently released its third annual study on the states with the worst drivers for 2018. Researchers found a three-way tie for fourth place between Florida, Nevada and Texas. Alarmingly in Florida, just 73.30 percent of drivers in the Sunshine State have insurance, the lowest rate in the country. In addition, Florida has the 11thhighest rate of searches for traffic-related tickets. To draw its conclusions, the study examined four factors: the percentage of drivers who carry insurance, the number of driving while intoxicated (DWI) arrests per 1,000 drivers, the number of deaths per 100,000 vehicle miles driven and how frequently individuals Google things like “traffic tickets” or “speeding tickets.”

Anyone can be involved in a car crash at any time. Car accidents may be more common than you realize. According to the 2016 statistics from the Florida Highway Safety and Motor Vehicles department, approximately 668,699 drivers were involved in 395,785 reported accidents. On average, 1,080 crashes took place each day. These accidents led to 254,155 injuries and 3,176 fatalities that year.

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From barbeques to fireworks to family gatherings, the Fourth of July holiday can be a festive time. However, it can also be a dangerous time since so many people are on the road taking road trips and visiting loved ones. If you or someone you know has been hurt in an accident on or around the Fourth of July holiday, you may be entitled to compensation for your injuries and losses. At our firm, our diligent and reliable Miami auto accident lawyers are dedicated to zealously advocating for our clients.

Independence day means people across the country will be out celebrating. The AAA says that nearly 50 million Americans will travel this year for the Fourth of July holiday. A staggering 41.4 million of the 50 million are estimated to travel by automobile, making it a record high. This signifies an additional 1.9 million people making road trips as compared to last year. Furthermore, about 3.55 million Americans will travel by train, buses and cruise ships. Sadly, the spike in automobiles on the road also leads to a spike in deadly accidents. According to a study by WalletHub, approximately 600 Americans die in motor vehicle accident every Fourth of July.

If you’ve sustained an injury in an auto accident, you can sue the driver that was negligent in causing the accident. Negligence is the failure to behave with the level of care that someone of ordinary prudence would have exercised in a comparable situation. The behavior typically consists of actions, but can also consist of omissions – namely, a failure to act when there is a duty to do so. It is important to note that there may be multiple drivers that are legally responsible for the accident and resulting injuries.

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Motor vehicle accidents happen all the time in Florida and across the US. However, these accidents can instantly become more complicated when one of the parties is a delivery driver. In these cases, liability can extend to the employer, in addition to the person behind the wheel.  If you have been injured in accident involving a delivery driver or a commercial vehicle, our Miami injury attorneys can examine the facts of your case and help you understand your rights.

In a recent case, a Florida state jury recently awarded almost $9 million against Domino’s Pizza for the injury and death of a driver in a 2011 crashed caused by one of the restaurant’s delivery drivers. The accident took place when the other driver, a retired Brevard County fire chief, allegedly swerved to avoid hitting the delivery vehicle which had pulled in front of his car, and ended up hitting a median before going back across the roadway and overturning. The wreck rendered the retired fire chief a quadriplegic and he died from injury-related complications one year later. The man’s wife sued and named the franchise’s parent company, Domino’s Pizza, as a defendant.

At trial, Domino’s Pizza argued that it was not at fault because the delivery driver worked for an independent business (i.e., the franchise) and, thus, was not an agent of the parent company. The defense pointed to, among other things, the franchise’s autonomy in being able to hire and fire people. The victim’s lawyers, however, told jurors that Domino’s was indeed an agent of the corporation and was liable because it maintained a right of control over the franchise. The attorneys pointed to a variety of restrictions that extended down to the delivery drivers who, among other things, were prohibited from using radar detectors or carrying more than $20 in cash.
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A car accident can change your life. If you suffered an injury in a car accident, our Miami car accident lawyers can meticulously examine your situation and advise you of which Florida laws apply in your case. In the wake of a collision, having the right legal advocate on your side can make all the difference in your financial recovery. Having helped countless clients, we recognize how an accident can touch virtually every aspect of your life, which is why we will fight to get you full and fair compensation.

The annual Allstate America’s Best Drivers Report was recently released identifying which of the 200 largest US cities have the safest drivers. According to the report, Cape Coral was ranked as the 10thsafest city in 2019. Port Lucie came in 14th place whereas Tallahassee ranked 42nd, St. Petersburg ranked 49th, Miami ranked 57th and Fort Lauderdale ranked 62nd as among the safest cities on the list. Ranking lowest on the list was Hialeah at 125th place, making it the city with the least safe drivers in all of Florida. The report found that Hialeah drivers average just over 8 years between traffic accidents, and drivers in the city stand more than a 25 percent chance of getting into an accident than the national average.

Car accidents can lead to a number of serious and life-altering injuries, including:

  • Traumatic brain injuries;
  • Spinal cord injuries;
  • Back and neck injuries;
  • Loss of limbs;
  • Broken bones;
  • Burn injuries;
  • Nerve or organ damage; and/or
  • Death.

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Car accidents can turn your life upside down in an instant. If you have suffered injuries in an auto accident that you believe were caused by someone else’s error or carelessness, we can help you. Our Miami car accident lawyers will look into the cause of your accident and help you recover the damages you need to move on with your life.

Florida car accident cases can be complicated. Last month, a Florida appellate court held that that a jury’s zero-dollar award for the plaintiff’s claim of past non-economic damages was legally inadequate since it was inconsistent with the jury’s conclusion that the plaintiff sustained harm that necessitated medical treatment.

The facts of the case are as follows. After visiting a grocery store, the plaintiff stopped his car at a red light. At that time, the defendant made an illegal left turn into the intersection striking a vehicle, which then hit the plaintiff’s car. The plaintiff did not obtain medical treatment at the scene, and he did not visit a hospital after the wreck.

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Even with the latest technology, autopilot features on electric cars can fail or not work properly. If you’ve been injured due to a faulty Tesla Autopilot feature, you need to retain an experienced Miami injury attorney who can fight for your rights. Our firm has the time and resources to build the strongest possible case on your behalf so you can recover the compensation you need to move on with your life.

According to a recent study by Consumer Reports, the Tesla Autopilot feature that was updated recently can do automatic lane changes without human assistance. However, when the feature was tested, the results were not entirely safe. Testing the Tesla Model 3, Consumer Reports found that the automatic lane change was often done in a dangerous manner such as cutting off cars in the other lanes. In some cases, the individuals performing the tests had to take control of the vehicle due to fears of getting into an accident. The rearward facing cameras apparently could not detect fast approaching vehicles in the other lanes. As such, the autopilot would believe that a lane change was safely possible when, in fact, it was not. It is possible that the camera sees the other vehicles but it is not processing them correctly. Or, the camera may not be able to ascertain the speed of the cars moving in the other lanes; thus, miscalculating the viability of a safe lane change.

When a dangerous or defective product injures an unwary consumer, one or more of the manufacturers, designers, wholesalers, retailers or even maintenance companies may be considered legally liable. For instance, if you have been injured due to a defective Tesla autopilot feature, you may be able to hold the manufacturer responsible. Manufacturers have a duty and legal obligation to put products in the market that are safe for consumers. Failure to do this could lead to manufacturers being held accountable through a products liability lawsuit. This type of claim is designed to hold manufacturers accountable for putting a faulty product into the stream of commerce. In cases involving safety features, we will consult renowned auto safety experts who can speak to exactly what went wrong.
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Depending on the severity, auto accidents can have catastrophic consequences. These accidents can happen for a number of reasons, ranging from driver negligence to a defective car part. If you were harmed in a car accident caused by someone else’s carelessness or error, you should consult a trustworthy Miami car accident attorney who can preserve your legal rights. We will thoroughly examine the circumstances of your accident and assist you in pursuing the maximum possible compensation following a crash.

A recent study from iSeeCars, a used car search site, found that passenger deaths from car accidents are more likely to happen in some vehicles than others. Using fatal accident reports from the National Highway Traffic Safety Administration for automobiles in the model years of 2013-2017, as well as data on 25 million used cars in the U.S. Fatality Analysis Reporting System, the report found that small cars and sports cars are the deadliest on the road.  In fact, deaths occur two to four times more often in certain sports cars and small vehicles. One possible reason for this may be the lack of active safety features in these vehicles.

The study ranked a list of automobiles with the greatest number of occupant deaths per billion miles driven. Mitsubishi Mirage topped the list at 10.8, followed by the Chevrolet Corvette (9.8), Honda Fit (7.7), Kia Forte (7.4), and Chevrolet Spark (7.2), with the average for all automobiles being 2.6. A total of 14 models had death rates that were twice the average or above.

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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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