Accidents Category Archives - Page 2 of 6 - South Florida Injury Lawyer Blawg Published by Miami Accident Attorneys

The Element of ‘Causation’ in Florida Personal Injury Cases

Published on: November 2, 2017 | by Law Offices of Robert Dixon

If you have been hurt in an accident caused by someone else’s negligence or wrongful act, you need to reach out to a skilled Miami personal injury attorney who can assess the merits of your case. At the Law Offices of Robert Dixon, we are committed to helping our clients understand their rights and helping them secure the compensation they deserve for their harm.

Negligence is a fundamental concept in personal injury cases. Personal injury cases are a way for people to be compensated for the wrongdoings of a third party that culminated in their sustaining an injury. Examples of serious accidents include car accidents, truck accidents, motorcycle accidents, pedestrian accidents, defective product incidents, medical malpractice, slip and falls, and construction accidents.

Personal injury cases are typically rooted in the theory of negligence. Negligence takes place when an individual causes an injury or death by failing to use reasonable care in their actions. Reasonable care is defined as how a prudent person would act under the same or similar circumstances. It is important to note that negligence can also occur when a person fails to act when he or she had a duty to do so. In order to establish negligence, the plaintiff must establish:

The defendant owed the plaintiff a duty to use reasonable care;
The defendant breached the duty;
The defendant’s breach was a direct and proximate cause of the accident and the plaintiff’s resulting damages.

RV Accidents in Florida

Published on: September 23, 2016 | by Law Offices of Robert Dixon

A recreational vehicle (RV) refers to a motor vehicle or trailer equipped with a living space and amenities traditionally found in a home. These vehicles are sometimes called campers, motor homes, or travel-trailers as well. While RVs can vary in size, all of them are larger than an average car on the road. RV drivers are operating these huge vehicles like trucks, but they do not have to take any special driver training or possess a higher-level driver’s license, as truckers do. As a result, RV driver errors, such as sideswiping a car in the next lane, failing to stop in time, making too tight a turn, or failing to secure equipment on the top of the RV properly, are often the cause of accidents. If you or someone you love has been injured in an RV accident, we can help.

RV accidents can have severe and catastrophic consequences. RV accidents can result in a traumatic brain injury, broken bones, broken ribs, herniated discs, the loss of a limb, and more. In the most serious cases, RV accidents can result in death.

Horse Riding Accidents in Florida

Published on: May 4, 2016 | by Law Offices of Robert Dixon

Horseback riding is a popular leisure and sporting activity in Florida. Just as with any other sport, there are risks and dangers associated with riding a horse. Each year, a number of people are injured riding horses. While many of these injuries are considered to be an inherent risk of riding, in some instances injuries may be the consequence of the equestrian facility’s or the trainer’s negligence. At the Law Offices of Robert Dixon, our skilled Miami injury attorneys can assess the merits of your case and provide you with an honest assessment of your claim.

Horseback riding injuries can range from mild to severe. Some common injuries include broken ribs, broken back, concussion, broken bones, paralysis, sprained joints, lacerations or contusions, loss of visibility, and more. In the most serious and tragic cases, riders can even lose their lives in horse riding accidents.

In Florida, the Equine Activity Liability Act intends to define the parameters of liability associated with equestrian activities. Under the law, equine professionals and horse-related activity sponsors are required to post caution signs on properties where equestrian activity is taking place. In addition, specific cautionary language must be present in all of the contracts used when the public interacts with horses.

Skydiving Accidents in Florida

Published on: April 6, 2016 | by Law Offices of Robert Dixon

Skydiving has been a popular sport in Florida and the United States for decades. By their very nature, skydiving accidents can have devastating consequences. While these accidents are rare, there are risks involved that should be considered. If you or someone close to you has been hurt in a skydiving accident, it is important to seek the help and guidance of a reputable Miami injury attorney who can assess the merits of your case.

Skydiving accidents can take place in a variety of ways, including product defects, parachute malfunctions, cord defects, harness failures, faulty steering handles, and more. Many serious injuries or fatalities that occur through skydiving accidents can be attributed to human error or faulty equipment. As a result, individuals who have been injured in skydiving may be able to take action through a negligence claim or a product liability claim.

It is important to note that individuals almost always have to sign a waiver before they can skydive. The waiver will limit the operator’s liability in the event that something goes wrong, resulting in an injury or death. Waivers are serious legal documents and should not be taken lightly. These agreements are in place for a reason, which is why courts tend to uphold them. As a result, simple negligence is not typically enough to take legal action against the skydiving operator. Instead, the court will likely examine whether the skydiving operator acted with gross negligence.

Burn Injuries in Florida

Published on: December 17, 2015 | by Law Offices of Robert Dixon

Burn injuries can be extremely painful and often leave permanent scars. Unfortunately, many burn injuries happen due to accidents that could have been avoided. They may be caused by fires on property, motor vehicle collisions, flammable products, and inadequate flame retardation qualities. The American Burn Association reports that over 500,000 people are treated for burn injuries each year.

If you have suffered from a burn injury due to someone else’s negligence, you can potentially pursue compensation for your harm. Negligence is the failure to take reasonable care when engaging in a particular action. Reasonable care is defined as how a prudent person would behave in the same or similar circumstances. In order to establish negligence, the plaintiff must show that the defendant’s conduct deviated from the reasonable care standard and that this deviation was the direct cause of the plaintiff’s harm.

Parking Lot Accidents in Florida

Published on: December 9, 2015 | by Law Offices of Robert Dixon

Unfortunately, parking lot accidents take place frequently in Florida and across the United States. With automobiles and pedestrians continuously moving around, drivers have to be especially careful in parking lots. If you’ve been injured in a parking lot accident, it is important to seek the help of a qualified Miami injury attorney who can evaluate the facts of your case.

According to the National Highway Traffic Safety Administration (NHTSA), one out of every five automobile accidents occurs in parking garages and parking lots.

While most parking lot accidents take place at low speeds, they can lead to significant damages. Parking lot accidents can happen in two ways: when one car hits another or when a car hits a pedestrian. Even when the accident happens at a low speed, a pedestrian can suffer substantial injuries due to the sheer weight and power of the automobile. Common causes of parking lot accidents include not paying attention when backing out of a parking space, speaking on the phone while driving, or speeding in the lot.

Aggressive Driving in Florida

Published on: November 19, 2015 | by Law Offices of Robert Dixon

Each year, many people are injured and killed due to aggressive driving. Florida is one of 15 states that have enacted laws that specifically address the issue of aggressive driving. At the Law Offices of Robert Dixon, we understand these laws and can help you pursue damages from an aggressive driver that caused you harm.

According to the National Highway Traffic Safety Administration (NHTSA), 50 percent of drivers who are on the receiving end of aggressive behavior respond with a rude gesture. Reports also estimate that approximately 66 percent of traffic fatalities are caused by aggressive driving.

Aggressive driving describes a variety of unsafe driver behaviors. Florida’s Department of Highway Safety and Motor Vehicles defines aggressive driving as “violent or visibly angry behavior by a driver” that can lead to accidents or other incidents on the road. The NHTSA defines road rage as a step above aggressive driving in which one driver actually assaults another vehicle, either by using his car or by using a weapon, such as threatening with a gun.

Paralyzed Victims in Florida Accident Cases

Published on: October 21, 2015 | by Law Offices of Robert Dixon

Unfortunately, each day people in Florida and throughout the United States are injured in accidents. In serious cases, accident victims are partially or completely paralyzed. At the Law Offices of Robert Dixon, we understand the devastating financial, emotional, and physical consequences that paralysis can have on an accident victim and their entire family. While no amount of money can make up for the harm, compensation can help provide the medical support and resources needed for a stable life.

Spinal cord injuries can result in either partial or complete paralysis. Paralysis of the lower extremities is known as paraplegia, whereas paralysis of both the arms and legs is known as quadriplegia.

Paralysis can happen in a variety of ways, including motor vehicle accidents, slip and fall accidents, medical malpractice cases, and acts of violence. The Mayo Clinic reports that motor vehicle accidents are the leading cause of spinal cord injuries in the United States, accounting for over 35 percent of new injuries each year. According to the United States Centers for Disease Control and Prevention, approximately 20 percent of all spinal cord injuries are caused by fall accidents.

Settlement Proposal Not Too Vague in Florida Accident Case

Published on: October 21, 2015 | by Law Offices of Robert Dixon

In Wallen v. Tyson, a Florida man was killed in a car accident. After the incident, the other motor vehicle driver filed a lawsuit against the decedent’s estate. The estate offered the driver a $12,000 settlement, which included a release of liability for all claims arising out of the accident. The document stated that it was not a ‘general’ release and indicated that the driver could seek damages from any person except for the personal representative of the decedent’s estate. The driver supposedly ignored the settlement proposal and went straight to trial.

At trial, the driver was awarded an amount of $13,000. The court reduced this amount by approximately $3,800 for payments that were made beforehand by his insurer.

The plaintiff moved to strike the settlement proposal, alleging it was vague and unenforceable. The trial court struck the proposal, stating that the language pertaining to the release was too vague and ambiguous. The clause at issue was one that stated that the plaintiff was open to any suggested changes to the release. The trial court reasoned that by having a release clause but saying that the clause was negotiable, the clause essentially failed to inform the plaintiff of “any of the release terms.”

Tree Accidents in Florida

Published on: October 14, 2015 | by Law Offices of Robert Dixon

Trees can be a beautiful sight in Florida parks and on private property. However, falling tree branches, exposed roots, and inadequately maintained trees can cause serious injuries to individuals. If you are injured in a tree accident, it is important to seek the help and guidance of a qualified Miami injury lawyer. We can assess the merits of your case and determine whether or not you have a viable legal claim.

When large trees or branches fall on individuals, they can cause injuries such as traumatic brain damage, broken ribs, broken bones, back injuries, fractures, neck injuries, and partial or total paralysis. These injuries can require extensive medical treatment. The most serious tree accidents can result in death.

An individual who has been hurt in a tree accident may be able to take legal action against the property owner or entity that controls the property. These accidents typically fall in the legal category of premises liability. Under Florida law, property owners have a duty to maintain their premises in reasonably safe conditions. This includes tending to trees that may be a hazard to others.