Pedestrian Accidents Category Archives - South Florida Injury Lawyer Blawg Published by Miami Accident Attorneys

Study Determines What Makes Pedestrians More Likely to Die in Auto Accidents

Published on: August 29, 2018 | by Law Offices of Robert Dixon

Pedestrian injuries can have long-term effects. If you have been hurt in a pedestrian accident due to someone else’s negligence, you need to consult a seasoned Miami pedestrian accident attorney. With extensive experience in Florida personal injury law, we can analyze the facts of your case and provide you with an honest assessment of your claim.The University of South Florida’s Center for Urban Transportation Research found socioeconomic status is not a statistically relevant factor when considering the likelihood of a pedestrian dying after being hit by a car. These findings refute the assumption that pedestrian crashes disproportionately affect lower-income residents in Tampa – a city that has consistently been rated one of the most dangerous places for walking and biking in the country.

The study found that pedestrians hit at night are more than two times more likely to die in an accident that those hit during the daytime, suggesting that lighting affects accident outcomes.

Halloween Accidents and Injuries in Florida

Published on: January 29, 2018 | by Law Offices of Robert Dixon

Halloween is an entertaining occasion for both children and adults as they get to dress up, participate in trick-or-treating, and attend Halloween parties. While Halloween can be exciting, the reality is that accidents and injuries do occur on this day. If you or someone close to you was injured in an accident that was not your fault on Halloween, we can help. At the Law Offices of Robert Dixon, our Miami personal injury attorneys have the skill, experience, and determination to handle your case.

While we have heard horror stories about poisoned candy and razor blades hidden in apples, the biggest danger on Halloween is that of car accidents. Data from the National Highway Traffic Safety Administration shows that between 2009 and 2013, 43 percent of all motor vehicle deaths that took place on Halloween night resulted from a drunk driving-related crash. In addition, 26 percent of pedestrian fatalities on Halloween involved a drunk driver in 2013. According to the Safe Kids USA organization, children are more than twice as likely to be killed by a car while walking on Halloween night than at any other time of the year.

Just because it is Halloween does not mean that drivers do not need to follow the rules of the road. Drivers who cause an accident by driving carelessly will likely be liable for any resulting harm under the theory of negligence. Negligence occurs when a person causes injuries or death because he or she failed to act as a reasonably prudent person would act under the same or similar circumstances. For example, a reasonably prudent driver would not speed in residential areas in Halloween, understanding the risk of hitting children who may be trick-or-treating. As a result, a driver who causes an accident in this way would be liable for the resulting harm.

Distracted Walking Accidents in Florida

Published on: April 27, 2016 | by Law Offices of Robert Dixon

We have heard time and time again about the dangers of distracted driving, but what about distracted walking? With the increased use in cell phones, there has been a drastic rise in the number of distracted walking accidents. In fact, pedestrian-related accidents have become so common that there is a word for the phenomenon – pedextrians. If you have been injured in this type of accident, it is important to seek the help of a qualified Miami injury attorney who can assess the merits of your case.

Distracted walking refers to a situation when a pedestrian’s attention is somewhere other than his or her surroundings. These days, distracted walking often occurs when a pedestrian is so caught up in using their phone that they disregard the dangers around themselves and cause an accident. The American Academy of Orthopedic Surgeons (AAOS) conducted a study in 2015 and found that 78 percent of people involved in the study recognized distracted walking as a major concern. Beyond the hazards of slipping, tripping. and falling, being engrossed in one’s phone can also lead to serious accidents.

Florida Appeals Court Resolves Summary Judgment Issue in Deadly Pedestrian Accident Case

Published on: December 24, 2015 | by Law Offices of Robert Dixon

Unfortunately, pedestrians are injured and killed throughout the United States every year. According to the National Highway Traffic Safety Administration (NHTSA), approximately 4,735 pedestrians were killed in 2013, while an estimated 66,000 were injured. The state of Florida has a major issue when it comes to pedestrian accidents and has one of the highest pedestrian accident rates in the country. If you’ve been injured as a pedestrian, it its important to speak to a Miami injury attorney who can assess the merits of your case.

In Panzera v. O’Neal, a man was hit by a semi-truck while he was trying to cross a multi-lane interstate on foot in 2011. After the accident, the man’s estate filed a negligence claim against the truck driver and his employer.

The defendants responded by filing a motion for summary judgment. In a negligence claim, granting summary judgment is improper unless the defendant can show the complete absence of negligence or that the plaintiff’s negligence was the sole reason for his or her injury. As a result, the party seeking summary judgment has the burden of showing that there is no genuine issue of material fact and that the moving party is entitled to judgment as a matter of law.

Insurance Company Made to Pay Sanctions for Driver’s Misrepresentations

Published on: January 23, 2015 | by Law Offices of Robert Dixon

Insurance companies fight claims and resist paying out their clients all the time. Dealing with an insurance company can be stressful and cumbersome. In some cases, insurance companies engage in misconduct to get out of paying claims. Robert Dixon is a highly qualified Miami personal injury lawyer who knows that monetary sanctions are only important in cases where there has been official wrongdoing, such as fraud on the court. That is precisely what happened in GEICO v. Rodriguez.

In the case at hand, Florida’s District Court of Appeals held that an auto insurance company for an 83-year-old man who lied about his ability to drive in a deposition testimony after an accident was responsible to pay sanctions for those misrepresentations.

The elderly driver had extremely poor vision and was deemed legally blind by his physicians. The doctors had instructed the man not to drive. The man did not follow this advice. In fact, within one month after receiving a renewal of his auto insurance company, the man caused an accident that struck two pedestrians. The pedestrians sustained serious injuries. Continue Reading ›

Pedestrian Accidents in South Florida

Published on: July 24, 2014 | by Law Offices of Robert Dixon

The sunny weather in Florida is conducive to lots of outdoor activities, such as rollerblading, bike riding, and walking through the cities. The last thing you want to worry about when you venture out for a brisk walk or a nice stroll is a car hitting you. Unfortunately, the reality is that pedestrians accidents happen frequently throughout Florida. In fact, a recent report published by the National Complete Streets Coalition and Smart Growth America highlights that Florida leads the nation when it comes to dangerous areas for pedestrians. Statistics indicate that 1,539 pedestrians have been killed in South Florida over the past 10 years.

Under Florida law, where sidewalks are provided, a pedestrian must not walk on the road but rather should always use the sidewalk. Where a sidewalk is not provided, a pedestrian can walk on the road but must be cautious. According to a Florida statute, pedestrians have the right of way on marked crosswalks, and they should move upon the right half of the crosswalk. Failure to adhere to these laws can result in a noncriminal traffic infraction, known as a pedestrian violation.

Even when pedestrians take all the right steps and precautions when crossing the street, they can still be injured due to the carelessness of vehicle drivers on the road. Drivers collide with pedestrians due to distracted driving, intoxicated driving, speeding, failing to yield, or simple inattentiveness that causes them not to realize the pedestrian is there. Pedestrian accidents can happen in a variety of ways, including head-on collisions with vehicles, roll-over crashes, and bicycle accidents. Continue Reading ›