Negligence Category Archives - Page 2 of 15 - South Florida Injury Lawyer Blawg Published by Miami Accident Attorneys

Florida Clarifies Difference Between Ordinary Negligence and Medical Malpractice Claims

Published on: May 31, 2019 | by Law Offices of Robert Dixon

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.

Tampa Driver Killed in Tire Blowout Accident

Published on: May 31, 2019 | by Law Offices of Robert Dixon

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

Car Crash ER Visits Dropped in States Where Texting and Driving is Illegal, Study Says

Published on: May 31, 2019 | by Law Offices of Robert Dixon

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.

One Motorcyclist Dead, One Man Critically Injured in Florida Highway Accident

Published on: March 12, 2019 | by Law Offices of Robert Dixon

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.

Florida Court Holds Gross Negligence Claim Not Barred by Liability Release Waiver

Published on: February 14, 2019 | by Law Offices of Robert Dixon

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.

Recent Report Suggests Florida Can do More to Prevent Elder Abuse

Published on: January 30, 2019 | by Law Offices of Robert Dixon

Elder abuse is a major problem in Florida and across the country. Discovering your loved one has been the victim of elder abuse is a devastating and emotional event. If this has happened to your loved one, you need to reach out to a reputable and hard-working Miami nursing home negligence attorneys as soon as possible. At the Law Offices of Robert Dixon, we understand how difficult these situations can be, which is why we will handle your case with the utmost compassion. You can rest assured that we are dedicated to helping vulnerable adults getting the justice and compensation you deserve.

A recent report suggests that Florida can do more when it comes to protecting its seniors from elder abuse. The study, conducted by Wallethub, compared all 50 states as well as the District of Columbia based on a variety of factors, such as share of elder abuse, gross neglect and exploitation grievances and the presence of financial elder abuse. Florida ranked 22^ndon the overall list and ranked 51^stin the total number of eldercare establishments and services. It also ranked last place in the total funding for long-term care Ombudsman-Programs.

Elder Abuse

Cardiologist Fatally Struck in Orlando Bicycle Accident

Published on: January 24, 2019 | by Law Offices of Robert Dixon

A bicycle accident can change your life in an instant. Bicyclists suffer a staggering number of injuries and deaths in accidents involving motor vehicles. If you have been injured in a bicycle accident triggered by someone else’s negligence, you need the help of an experienced and dedicated Miami bicycle accident attorney. At the Law of Robert Dixon, we are committed to providing aggressive yet compassionate representation to each and every one of our clients.

A 56-year-old Orlando cardiologist who was riding his bike was hit and killed earlier this week. The bicyclist was hit by an SUV on busy US 17-92 during morning traffic hour around 7:00 a.m. and the physician sustained fatal injuries. In fact, he was pronounced dead at the scene of the accident. The hospital at which the cardiologist worked released a statement honoring the doctor and expressing their deepest condolences to his wife and children. No details regarding the driver or the vehicle have yet been released.

Establishing Liability for Bike Accidents in Florida

Bicycle accident injuries can be more serious than other types of auto accident due to the significantly lighter weight of the bicycle and the bike’s lack of structural protection. If you were injured in a bicycle accident that was not your fault, you may be able to bring a claim for economic and non-economic damages, including medical expenses, rehabilitation costs, pain and suffering, property loss and more. This is typically showing that the motorist who caused the accident was negligent. Negligence takes place when a motorist is the direct and proximate cause of an accident and resulting injury or death because that motorist failed to use reasonable care behind the wheel. Reasonable care is defined as how a prudent or sensible person would drive under the same or similar circumstances.

88-Year-Old Man Dies After Driving Golf Cart into Truck’s Path

Published on: January 2, 2019 | by Law Offices of Robert Dixon

Florida is home to a number of beautiful and world-renowned golf courses. While most people operate golf carts without incident, the reality is that accidents do happen. If you were injured in a golf cart accident, you could potentially recover compensation for your injuries. At the Law Offices of Robert Dixon, our seasoned Miami personal injury attorneys understand that golf cart accidents can be just as serious as car accidents. With years of experience, we know how to help you seek recovery.

An 88-year-old man who drove his 2000 Yamaha golf cart into to the path of a Chevy pickup truck died as a result of his injuries at Ocala Regional Medical Center earlier this month. According to a report by the Florida Highway Patrol, the golf cart was traveling south on a trail adjacent to Cazaras Avenue and was struck when he tried to cross at a trail crossing without yielding. The golf cart driver was not wearing a seatbelt at the time of the accident.

Establishing Negligence for Golf Cart Accidents

Train Accidents on the Rise in Florida

Published on: December 20, 2018 | by Law Offices of Robert Dixon

Unfortunately, train accidents are more common than you may think. In fact, every 115 minutes, a train somewhere in the United States strikes a person or vehicle. If you or a loved one has been hurt in a train accident, you may be entitled to compensation. At the Law Offices of Robert Dixon, our seasoned Miami train accident attorneys can provide aggressive representation for those injured in life-changing train accidents.

Earlier this month, an 11-year-old Florida girl died after she was hit by an Amtrak train while crossing the tracks, according to police. The girl had headphones in her ears and was looking at her cell phone when the train hit her. The train conductor tried to blow the horn and brake multiple times but could not stop in time. The girl was pronounced dead at the scene.

Train accidents have been on the rise in Florida for the past few years. There were 27 trespassers who died in Florida in 2012, 28 in 2013, 36 in 2014, and 35 in the first nine months of 2015. These figures are even higher than those for New York. According to statistics compiled by the Federal Railroad Administration focusing on train accidents in South Florida, the number of people killed on train tracks in 2017 rose when compared to previous years. Twenty-three people died in Miami-Dade, Broward, and Palm Beach Counties through September this year, compared with 14 in all of 2016. These figures include individuals being killed accidentally as well as people using the tracks for suicides.

20 Dead in Limo Crash

Published on: November 20, 2018 | by Law Offices of Robert Dixon

Limousines are often used to transport a large group of people to and from special occasions such as proms, weddings and birthday parties. Limo accidents can change a person’s life in an instant. In many cases, limo accidents lead to death. If you or someone close to you has been injured in a limo accident cause by a limo driver’s negligence, our Miami injury attorneys can help you build a solid case so you can recover the compensation you are rightfully owed for your harm.

Earlier this month, 20 people died in a limousine crash as they headed to a birthday celebration in New York. Among the deceased were four sisters, other relatives and friends. The accident occurred when the limo ran a stop sign and crashed into the parked SUV outside a store, killing all 18 people inside the vehicle, including the driver and two pedestrians on the road. It was later discovered that the limousine operating company had been cited with a variety of safety violations, and had failed an inspection. In fact, the vehicle had been declared “unserviceable” last month. In addition, the limo driver did not have the commercial license the law requires.

Liability in Florida Limo Accidents

While the incident took place in New York, limousine accidents also lead to devastating injuries in Florida. As a limousine passenger, you may have special legal protections. There are complex rules and regulations that pertain to the operation of limousines, which are considered “common carriers” under Florida law. A common carrier is defined as an individual or company that offers transportation of people or goods for money. A common carrier is held to an extremely high standard and is required to provide safe means of transportation passengers.