Truck Accidents Category Archives - Page 3 of 3 - South Florida Injury Lawyer Blawg Published by Miami Accident Attorneys

Truck Brake Failure Accidents in Florida

Published on: February 23, 2017 | by Law Offices of Robert Dixon

If you have been injured in a truck accident due to brake failure, we can help. At the Law Offices of Robert Dixon, our Miami injury attorneys have the skill, dedication, and experience to handle your case. We understand how complex these cases are, which is why we will examine the facts of your case to determine the cause of the brake failure and the resulting crash. You can trust that we will advocate for your rights at every step of the way.

According to a recent study by the Department of Transportation (DOT), approximately 30 percent of all commercial truck accidents involve brake failure. Trucks must be regularly inspected and maintained to make sure the brakes are in proper working order. In fact, federal law mandates that truckers know about the condition of their brakes. Some of the most common issues that lead to brake failure in trucks include overheated brakes, worn tires, brakes suffused with oil and grease, or overly thin brake pads.

Access to Cell Phone Data after an Accident in Florida – Antico v. Sindt Trucking, Inc.

Published on: January 15, 2015 | by Law Offices of Robert Dixon

Unfortunately, many people throughout Florida and the United States engage in distracted driving every year by using their cellphones when they are behind the wheel. Despite texting and driving being illegal in the state of Florida, it continues to be a huge problem throughout the state. If you or someone you know has been hurt in an automobile accident, an experienced Miami injury lawyer can help assess the merits of your case and inform you of your options.

When a cell phone is the potential cause of an accident, it is common for parties to request cell phone records. In Antico v. Sindt Trucking, Inc., the court addressed the question of when a party asks to examine the content of the phone.

The facts of the case are as follows. The case was a wrongful death action brought by the widower and personal representative of the estate of a woman who was killed in a truck accident. The defendants alleged that the decedent was partially at fault because she was on her iPhone at the time of the accident. The plaintiffs objected, using privacy rights under the state constitution as the basis for their objection. Continue Reading ›

Understanding the Seat belt Defense in Florida Automobile Accidents

Published on: August 13, 2014 | by Law Offices of Robert Dixon

In a car accident, you are much more likely to be injured if you are not wearing a seat belt. This is precisely why Florida has mandatory seat belt laws. Seat belt laws apply to all automobiles including pickup trucks and vans on the road. All passengers in the front seat must wear a seat belt and all passengers under 18 must wear a seat belt. In Florida, there are legal consequences for not wearing a seat belt.

When an individual is driving without a seatbelt, they increase their risk of injury in case of an accident. Florida law follows the doctrine of comparative negligence which means if you contribute to the accident then the amount you would otherwise recover in damages may be reduced in proportion to your fault. For example, if you are deemed 20 percent responsible for the accident then your maximum recovery will be 80 percent of the total damages. Comparative negligence states aim to hold each party responsible in relation to their fault, no more, no less.

If you’ve been in a collision and there is evidence that you were not wearing your seat belt at the time, then the defendant or the insurance company can point to the fact that your injuries were at least partially your fault. In other words, the defendant can use the seat belt defense to lessen their own responsibility. In Ridley v. Safety Kleen Corporation, the Florida Supreme Court held that the failure to use a seat belt “would henceforth be raised by an affirmative defense of comparative negligence.” Continue Reading ›

Truck Accidents in Florida – Who Can You Sue?

Published on: July 7, 2014 | by Law Offices of Robert Dixon

Truck accidents are a serious matter. If you’ve been in a collision with a truck, then you understand how traumatic an experience it can be. Truck accidents often result in serious injuries including broken ribs, traumatic brain injury, spinal cord injuries and/or even death.

Florida has specific laws that pertain to trucks. Truck owners and operators must follow strict guidelines when it comes to maintaining their vehicles. The size and mass of trucks coupled with high speeds make it difficult for it to suddenly stop or even slow down. Consequently, when a truck collides with another vehicle, the results can be devastating.

In 2010, the National Highway Traffic Safety Administration reported that 276,000 large trucks were involved in automobile accidents killing 3,675 people and injuring 80,000. Florida is no exception to the deadly truck accidents that occur nationwide. Each year, thousands of people are killed and injured in truck accidents. To make things worse, many are left with heavy financial burdens to deal with in the aftermath of the accident. Continue Reading ›

Marcum v. Hayward – The “Sudden Loss of Consciousness” Defense

Published on: July 7, 2014 | by Law Offices of Robert Dixon

If you’ve been injured in an automobile accident, guidance and representation by a reputable South Florida personal injury attorney like Robert Dixon can make all the difference. Robert Dixon understands that an automobile accident can be a traumatic event which is why he is committed to handling your claim for you.

Sometimes, the cause of an accident is clear and ascertaining fault is easy. For example, a driver failing to observe a stop sign, driving at excessively high speeds or swerving in and out of lanes can lead to a reasonable allocation of fault. In Florida, the driver deemed to be negligent is liable for injuries and any damage that results from the accident. However, the issue of liability can become more complicated if the cause of the accident was the driver suffering from an unforeseeable medical episode behind the wheel.

In Marcum v. Hayward, the plaintiff was rear-ended at a red light. The driver of the other vehicle was an assistant manager driving a company vehicle with a coworker as a passenger. The driver later testified that she had momentarily blacked out, woke up, and then lost consciousness again just immediately prior to the accident. The coworker and passenger confirmed that the driver had stated she felt “funny” and then suddenly became unconscious, which ultimately caused the accident. Continue Reading ›