Published on:

Slip and fall accidents can lead to serious and long-term injuries. If you have been injured in a slip and fall accident on someone else’s property, you may be able to seek compensation for losses that are a direct result of the accident. Our experienced and reliable Miami premises liability attorneys will examine your case to determine your rights and options following a fall.

A Florida appeals court recently issued an opinion in a Florida slip and fall case explaining pleading requirements under state law and discussing whether the plaintiff’s complaint adequately alleged a claim against the defendant. The court held that the plaintiff’s complaint sufficiently alleged a cause of action and reversed the lower court’s decision, permitting the plaintiff’s claim to move forward to trial.

The facts of the case are as follows. The plaintiff was at a local library making copies at a photocopier when she tripped and fell over the bottom drawer of the photocopier. She alleged that the bottom drawer suddenly flew wide open causing her to trip and fall on both knees despite her attempt to prevent the fall. The plaintiff sued the library arguing that the library owned the photocopier and, thus,  had a duty to maintain the machine so it was safe for patrons to use. The trial court held that the complaint failed to state a cause of action and dismissed the case.

Continue reading →

Published on:

From barbeques to fireworks to family gatherings, the Fourth of July holiday can be a festive time. However, it can also be a dangerous time since so many people are on the road taking road trips and visiting loved ones. If you or someone you know has been hurt in an accident on or around the Fourth of July holiday, you may be entitled to compensation for your injuries and losses. At our firm, our diligent and reliable Miami auto accident lawyers are dedicated to zealously advocating for our clients.

Independence day means people across the country will be out celebrating. The AAA says that nearly 50 million Americans will travel this year for the Fourth of July holiday. A staggering 41.4 million of the 50 million are estimated to travel by automobile, making it a record high. This signifies an additional 1.9 million people making road trips as compared to last year. Furthermore, about 3.55 million Americans will travel by train, buses and cruise ships. Sadly, the spike in automobiles on the road also leads to a spike in deadly accidents. According to a study by WalletHub, approximately 600 Americans die in motor vehicle accident every Fourth of July.

If you’ve sustained an injury in an auto accident, you can sue the driver that was negligent in causing the accident. Negligence is the failure to behave with the level of care that someone of ordinary prudence would have exercised in a comparable situation. The behavior typically consists of actions, but can also consist of omissions – namely, a failure to act when there is a duty to do so. It is important to note that there may be multiple drivers that are legally responsible for the accident and resulting injuries.

Continue reading →

Published on:

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.
Continue reading →

Published on:

A car accident can change your life. If you suffered an injury in a car accident, our Miami car accident lawyers can meticulously examine your situation and advise you of which Florida laws apply in your case. In the wake of a collision, having the right legal advocate on your side can make all the difference in your financial recovery. Having helped countless clients, we recognize how an accident can touch virtually every aspect of your life, which is why we will fight to get you full and fair compensation.

The annual Allstate America’s Best Drivers Report was recently released identifying which of the 200 largest US cities have the safest drivers. According to the report, Cape Coral was ranked as the 10thsafest city in 2019. Port Lucie came in 14th place whereas Tallahassee ranked 42nd, St. Petersburg ranked 49th, Miami ranked 57th and Fort Lauderdale ranked 62nd as among the safest cities on the list. Ranking lowest on the list was Hialeah at 125th place, making it the city with the least safe drivers in all of Florida. The report found that Hialeah drivers average just over 8 years between traffic accidents, and drivers in the city stand more than a 25 percent chance of getting into an accident than the national average.

Car accidents can lead to a number of serious and life-altering injuries, including:

  • Traumatic brain injuries;
  • Spinal cord injuries;
  • Back and neck injuries;
  • Loss of limbs;
  • Broken bones;
  • Burn injuries;
  • Nerve or organ damage; and/or
  • Death.

Continue reading →

Published on:

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.

Continue reading →

Published on:

A collision with a truck, tractor-trailer or other large vehicle can have devastating outcomes for everyone involved. If you were involved in a truck accident, you need to consult a trusted Miami truck accident attorney immediately. We understand the difficulties you face following a truck accident, and you can trust that we will do everything in our power to resolve your case as quickly and efficiently as possible.

A Miami man was recently killed when the box truck he was traveling in as a passenger rear-ended a tractor-trailer on I-75 in Marion County. The driver of the box truck was rushed to the hospital and is in stable condition. The accident, which took place in the early afternoon, caused the highway to be shut down for hours. According to the Florida Highway Patrol, the semi truck was in the middle lane and had to slow down. However, the box truck failed to slow down and slammed into the back of the semi’s empty trailer, damaging the vehicle’s doors and crushing the front of the box truck.

All drivers on the road have a duty to drive in a safe manner. Unfortunately, this does not always happen. Common causes of truck accidents include:

  • Speeding;
  • Distracted driving;
  • Driving under the influence of drugs or alcohol;
  • Tailgating;
  • Improper lane change;
  • Following too closely;
  • Aggressive driving;
  • Unsecured cargo; and/or
  • Adverse weather conditions.

Continue reading →

Published on:

Even with the latest technology, autopilot features on electric cars can fail or not work properly. If you’ve been injured due to a faulty Tesla Autopilot feature, you need to retain an experienced Miami injury attorney who can fight for your rights. Our firm has the time and resources to build the strongest possible case on your behalf so you can recover the compensation you need to move on with your life.

According to a recent study by Consumer Reports, the Tesla Autopilot feature that was updated recently can do automatic lane changes without human assistance. However, when the feature was tested, the results were not entirely safe. Testing the Tesla Model 3, Consumer Reports found that the automatic lane change was often done in a dangerous manner such as cutting off cars in the other lanes. In some cases, the individuals performing the tests had to take control of the vehicle due to fears of getting into an accident. The rearward facing cameras apparently could not detect fast approaching vehicles in the other lanes. As such, the autopilot would believe that a lane change was safely possible when, in fact, it was not. It is possible that the camera sees the other vehicles but it is not processing them correctly. Or, the camera may not be able to ascertain the speed of the cars moving in the other lanes; thus, miscalculating the viability of a safe lane change.

When a dangerous or defective product injures an unwary consumer, one or more of the manufacturers, designers, wholesalers, retailers or even maintenance companies may be considered legally liable. For instance, if you have been injured due to a defective Tesla autopilot feature, you may be able to hold the manufacturer responsible. Manufacturers have a duty and legal obligation to put products in the market that are safe for consumers. Failure to do this could lead to manufacturers being held accountable through a products liability lawsuit. This type of claim is designed to hold manufacturers accountable for putting a faulty product into the stream of commerce. In cases involving safety features, we will consult renowned auto safety experts who can speak to exactly what went wrong.
Continue reading →

Published on:

Depending on the severity, auto accidents can have catastrophic consequences. These accidents can happen for a number of reasons, ranging from driver negligence to a defective car part. If you were harmed in a car accident caused by someone else’s carelessness or error, you should consult a trustworthy Miami car accident attorney who can preserve your legal rights. We will thoroughly examine the circumstances of your accident and assist you in pursuing the maximum possible compensation following a crash.

A recent study from iSeeCars, a used car search site, found that passenger deaths from car accidents are more likely to happen in some vehicles than others. Using fatal accident reports from the National Highway Traffic Safety Administration for automobiles in the model years of 2013-2017, as well as data on 25 million used cars in the U.S. Fatality Analysis Reporting System, the report found that small cars and sports cars are the deadliest on the road.  In fact, deaths occur two to four times more often in certain sports cars and small vehicles. One possible reason for this may be the lack of active safety features in these vehicles.

The study ranked a list of automobiles with the greatest number of occupant deaths per billion miles driven. Mitsubishi Mirage topped the list at 10.8, followed by the Chevrolet Corvette (9.8), Honda Fit (7.7), Kia Forte (7.4), and Chevrolet Spark (7.2), with the average for all automobiles being 2.6. A total of 14 models had death rates that were twice the average or above.

Continue reading →

Published on:

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.
Continue reading →

Published on:

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.

Continue reading →