Articles Posted in Car Accidents

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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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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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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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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