Articles Posted in Negligence

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Whether you were a pedestrian who was injured in a car crash or you have lost a loved one in a pedestrian accident, we can help. At the Law Offices of Robert Dixon, our highly skilled Miami pedestrian accident attorneys will thoroughly examine the circumstances of the accident and help you determine your legal rights and options. We understand that a pedestrian accident can turn your life upside down in the blink of an eye, which is why we will handle your case with the utmost compassion.

A man was recently hit and killed while walking along Interstate 95 in Fort Lauderdale. According to the Florida Highway Patrol, the accident took place before 6:00 a.m., delaying morning commuters for several hours. The tragic accident occurred as the 29-year-old victim walked in the right lane near a temporary construction barrier in the northbound lanes south of Sunrise Boulevard, and was struck by a 2018 gray Toyota 4Runner. The Toyota driver stopped and remained at the scene of the wreck until law enforcement arrived. The cause of the accident is still under investigation.

All Florida drivers have a legal obligation to drive in a reasonably safe manner. This includes the duty to take others on the road, including pedestrians, into account.  If a car hit you while you were walking, you have rights. A pedestrian can sue the person(s) responsible for the pedestrian accident through a negligence claim. In the context of an accident involving an automobile striking a person on foot, negligence takes place when a driver causes injury by failing to exercise reasonable care behind the wheel. Reasonable care refers to the degree of care that a prudent or sensible driver would have used under the same or similar situation.
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Since Florida is sunny and warm for most of the year, it is an ideal place to ride a motorcycle. While riding a motorcycle can be exhilarating, it can also be extremely dangerous. If you or a loved one has suffered a substantial injury after being involved in a motorcycle crash, our Miami motorcycle accident attorneys can investigate your case. These cases can be complicated, and you will undoubtedly want an experienced legal advocate on your side.

Earlier this month, a motorcycle rider died after a crash on U.S. 1 in Cocoa, according to law enforcement. The two-vehicle accident, which involved a vehicle and a motorcycle, was reported around noon and took place close to an intersection. Sadly, the motorcycle rider was pronounced dead at the scene of the wreck. It is unclear if other injuries were reported at the time of the crash. The accident caused some delays on the road as emergency workers cleared the scene.

Unfortunately, deaths caused by motorcycle crashes are more common than you probably think. The National Highway Traffic Safety Administration published data on motorcycle deaths by state in 2016 and found that 586 people died in motorcycle wrecks and related injuries in Florida that year. About 555 of these deaths were rider fatalities. In addition, 78 percent involved a blood alcohol content (BAC) of .01 or higher, whereas 16 percent involved a BAC of .15 percent or higher.

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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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Florida attracts many tourists from across the country and even around the world each year. The state offers amusement parks, beaches, golf courses, desirable shopping, and much more. Many people hire professional tours to explore their areas of interest. Some companies offer horse and carriage tours that allow individuals to sightsee and learn about specific parts of towns. While most of these rides take place without incident, the reality is that accidents do happen. If you or someone close to you has been injured in a Florida horse and carriage ride accident, you need to speak to a skilled Miami injury attorney who can help.

In most cases, open carriages do not have seat belts. In the event of an accident with a motor vehicle, there is little protection for the passengers, who could be ejected from the carriage, suffering severe injuries. In other cases, when the carriage overturns due to an accident, passengers inside may be pinned down and suffer crush injuries from the weight on top of them. In addition, passengers who fly out of the carriage could end up being trampled by the horses pulling the carriage.

In Florida, horse and carriage accidents are evaluated according to the same standards as an automobile accident. As a result, horses and carriages must follow traffic laws and operate in a manner that does not endanger others on the road. Fault in horse and carriage accident cases will be determined using the legal theory of negligence. Negligence takes place when a party causes injuries or death by failing to use the level of care that a reasonably prudent party would have used under the same or similar circumstances. For example, if a horse and carriage overturns because the carriage driver fails to make a U-turn properly, the driver will likely be liable, along with the company that operated the horse-drawn carriage. On the other hand, if a horse and carriage accident was caused by a car driver rear-ending the carriage, that car driver will likely be liable for any resulting harm.

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Motorcycle accidents can be extremely dangerous, especially for the motorcycle rider who is particularly susceptible to bodily injury. If you have been injured in a motorcycle accident that was not your fault, you may be able to recover compensation to cover your losses. At the Law Offices of Robert Dixon, our skilled Miami motorcycle accident attorneys can help you value your claim and seek the maximum amount of damages in your case.

In Kempton v. McComb, following a jury trial for a collision in which the plaintiff was riding a motorcycle and was struck by a car, the plaintiff appealed based on the jury’s ruling that he was 55 percent negligent and the defendant was 45 percent negligent. The trial court then applied section 768.36 (the drug and alcohol defense) of the Florida Statutes (the “statute”) and barred the plaintiff from recovering any damages. The plaintiff appealed.

The plaintiff argued that the trial court made a mistake in applying the drug and alcohol defense since the jury’s decision did not indicate, as necessitated by the statute, that the plaintiff was more than 50 percent at fault “as a result of the influence of an alcoholic beverage.”

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Medical malpractice cases are not only emotionally and physically overwhelming, they can also be legally complex and time consuming claims. If you believe that you have been the victim of medical malpractice, you need to consult a seasoned Miami medical malpractice attorney immediately. At the Law Offices of Robert Dixon, we are devoted to resolving our clients’ claims in a fair and efficient manner.

The Lawsuit and Trial Court’s Ruling

In National Deaf Academy, LLC v. Townes, a female child was enrolled in the National Deaf Academy (NDA) to get help with behavioral problems. One day, the girl had an outburst. She was asked to stop but she refused and had to be restrained. Several NDA members, including two nurses, performed the restrain, which led to the child suffering a very serious knee injury. Ultimately, the young girl had to go through an amputation above the knee because of the injury. The girl’s family sued NDA for ordinary negligence.

NDA filed a motion for summary judgment stating that the claim was a medical malpractice claim and, therefore, Florida’s statutory pre-suit requirements had not been met. The trial court granted the defendant’s summary judgment and dismissed the lawsuit.

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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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Riding a motorcycle can be a fun and thrilling experience but it is also very dangerous no matter how careful a rider is. Have you suffered an injury in a motorcycle accident? If so, we can help. At the Law Offices of Robert Dixon, our Miami motorcycle accident attorneys have an advantage, due to our experience, when it comes to Florida personal injury claims. We will work diligently on your behalf to help you obtain the compensation you need on your road to recovery.

Eastbound lanes on Interstate 4 were shut down earlier this week following a deadly collision involving two cars and two motorcycles. According to the Florida Highway Patrol (FHP), an accident between two cars caused the drivers to change lanes and crash with the two motorcycles. Law enforcement stated that both motorcylists were thrown from their bikes as a result of the crash. One of the motorcyclists, a woman, died on the spot. The other, a man, was transported to the hospital with critical injuries. FHP says that charges are pending against the driver that caused the wreck. The lanes reopened almost eight hours later.

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If you have been injured and you believe you cannot sue the at-fault party because you signed a liability waiver, you need to speak to a seasoned Miami injury attorney about your legal rights and options. At the Law Offices of Robert Dixon, we understand that waivers are not always enforceable and will do our best to make sure you get the justice and compensation you deserve for your harm.

Many businesses require people to sign a liability waiver before allowing them to partake in certain activities. A liability waiver is a type of form that releases a party from liability for harm or damage that might take place under contract. In other words, the individual signing the contact “waives” his or her right to hold the other party liable for injury or losses. These agreements are common in a wide range of activities, from go karting to white water rafting. It is important to note that just because you signed a waiver does not necessarily mean you will be barred from suing in the event of an accident or injury. The general rule is that while waivers of liability can insulate businesses from liability of acts for negligence, they cannot insulate from gross negligence. A waiver may be unenforceable for a number of other reasons as well.

A Recent Florida Case Involving a Liability Release Waiver

A Florida appeals court recently discussed the parameters of a liability release waiver and if such an agreement could preclude a plaintiff from pursing a claim of gross negligence against the at-fault party. In this case, a woman signed a release and waiver of liability and assumption of risk agreement to access a restricted area of a speedway. During the race, she was killed when a tow truck backed over her. The plaintiff filed a wrongful death lawsuit against the speedway. The trial court found that the release agreement barred the lawsuit, finding that it only applied to gross negligence and pointed out that no gross negligence took place in this case.

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