Accidents Category Archives - Page 4 of 6 - South Florida Injury Lawyer Blawg Published by Miami Accident Attorneys

Suing a Deceased Person’s Estate – Locke v. Estate of Davis

Published on: June 18, 2015 | by Law Offices of Robert Dixon

A personal injury case does not end if the defendant dies. If this happens, a plaintiff can still file a lawsuit and collect a judgment from the defendant’s estate. This unfortunate situation does, however, make the continuation of a lawsuit much more difficult.

The Supreme Court of Montana recently addressed the issue of suing a deceased at-fault driver in the case of Locke v. Estate of Davis. While the case took place out-of-state, the same general principles apply to Florida cases.

In May 2011, both drivers were driving on the same road in opposite directions when one driver lost control of her vehicle, went into oncoming traffic, and hit the plaintiff’s vehicle head-on. The driver who caused the accident died just a few hours later at a hospital. The plaintiff sustained a number of serious physical injuries as well as emotional injuries.

Bicycle Accidents in Florida

Published on: June 10, 2015 | by Law Offices of Robert Dixon

Florida weather lends itself to a lot of outdoor activities throughout the year, including bicycle riding. Unfortunately, many cyclists are injured every year in accidents that could have been prevented. As a bicyclist in Florida, you have rights. If you are a cyclist who was injured due to the carelessness of another, you may be able to seek compensation for your injuries.

Bicycle accidents can take place in a variety of ways. Many times, bicycle accidents are caused a negligent driver who:

Fails to yield to the right of way of cyclists;
Fails to stop at a stop sign or red light;
Fails to look both ways before driving through a light or stop sign;
Ignores cyclists or simply fails to see cyclists;
Carelessly opens the door of a parked vehicle; or
Drives in a lane reserved for bicyclists.

The Department of Highway Safety and Motor Vehicles 2011 Crash Statistics Report, for example, indicates that 4.632 bicyclists were injured and 120 bicycled were fatally injured that year.

Injuries at Amusement Parks in Florida

Published on: June 10, 2015 | by Law Offices of Robert Dixon

Every year, many people visit amusement parks. The thrill of the rides coupled with good times shared with family and friends make theme parks a popular destination. Florida is home to major amusement parks, such as Disney World, Epcot, and Busch Gardens. Unfortunately, theme park rides and attractions are not always designed or maintained properly. If you have suffered a preventable injury at an amusement park, you may be entitled to compensation for the harm you suffered. At the Law Offices of Robert Dixon, our reputable Miami accident attorneys will diligently examine the facts of your case and seek the justice you deserve.

Under Florida law, theme parks are accountable for the safety of their visitors and must follow the same basic laws that apply to other types of businesses. As a result, theme parks have a legal obligation to maintain the property in a reasonably safe condition, correct hazardous conditions, and warn patrons of known dangerous conditions. Common causes of amusement park injuries include malfunctioning rides, concession stand food poisoning, dangerous property conditions, and improper supervision of ride passengers.

There are local, state, and federal laws that mandate that amusement parks follow maintenance guidelines and conduct certain safety inspections. Additionally, amusement parks are required to create height limits for various rides, warn patrons of potential dangers, and have stringent training standards for ride operators.

Settlement Agreements in Florida Should be Crystal Clear

Published on: May 20, 2015 | by Law Offices of Robert Dixon

Auto accidents happen every day in the state of Florida and throughout the United States. Dealing with the aftermath of an accident isn’t easy, and a number of things need to be considered, such as medical expenses, legal bills, property damage, and more. While our skilled Miami injury attorneys are prepared to zealously advocate for our clients in the courtroom, the reality is that most accident cases end in a settlement agreement before the matter ever reaches trial. It is vital that each settlement agreement be carefully read and understood before it is signed.

A settlement agreement is a legal document that contains the terms of a settlement made outside court. Most agreements include terms on release of liability for present and future claims, confidentiality clauses, and more. A settlement agreement should be reviewed diligently. If any terms of the agreement are not clear or satisfactory, they should be addressed prior to the agreement being codified.

In Cline v. Homuth, the plaintiff was riding his motorcycle when he was hit by a teenager driving his parents’ vehicle on a provisional license. The provisional license required the teenager to have a licensed driver in the vehicle with him at the time he was driving. The teenager’s grandmother was in the passenger seat at the time of the accident. The authorities determined it was the teenager’s fault.

The Seat Belt Defense in Florida Accident Cases – Jones v. Alayon

Published on: May 13, 2015 | by Law Offices of Robert Dixon

Individuals who do not wear seat belts are much more likely to be injured in a motor vehicle accident than persons who do wear seat belts. This is precisely why so many states, including Florida, have mandatory seat belt laws. In Florida, defendants can use the seat belt defense to lessen liability.

In Jones v. Alayon, a Florida driver was rear-ended by the defendant, an off duty police officer. Upon impact, the driver’s car struck a guard rail and rolled over. The driver was ejected from the car and was subsequently run over by other vehicles on the road. The driver died as a result of the accident.

The defendant left the scene and reported his vehicle stolen before admitting that he caused the fatal wreck. The defendant was jailed for the occurrence.

Is a Florida Resort that Provides Alcohol Liable When an Intoxicated Patron Drives and Injures Someone?

Published on: May 13, 2015 | by Law Offices of Robert Dixon

In the state of Florida, bars and restaurants that provide alcohol to individuals who later injure others in an automobile wreck may be liable in certain, limited situations. In Hall v. West, the appellate court affirmed a lower court ruling that a beach resort did not owe a duty of care to a person injured by an intoxicated defendant a number of miles away from the resort.

The facts of the case are as follows. The plaintiff sustained serious injuries when he was hit by a speeding car driven by the defendant. The defendant was visiting a resort at the time of the accident. Prior to and after arriving at the resort, the defendant had consumed a number of alcoholic beverages and was inebriated. The resort’s security personnel told the defendant to leave and even escorted the defendant to his car. Approximately two hours later, and 13 miles away, the defendant hit the plaintiff. The defendant’s blood alcohol level was determined to be .188.

The plaintiff later filed a lawsuit against the defendant driver as well as the resort, alleging the resort was negligent in a number of ways. Specifically, the plaintiff claimed that the resort failed to identify that the defendant was intoxicated when he entered the premises, failed to make sure that the defendant left the premises safely, failed to utilize responsible persons to deal with intoxicated patrons, and failed to employ individuals who would use due care to ensure that policies and procedures were followed so that an intoxicated person would leave the premises safely.

The “Relation Back” Doctrine in Florida Injury Cases

Published on: April 29, 2015 | by Law Offices of Robert Dixon

Plaintiffs must properly identify defendants prior to filing a lawsuit. While it is possible to amend a complaint to add a defendant at a later time, it is imperative to do so prior to the date that the statute of limitation expires. The statute of limitations is a window of time in which legal action must be taken. In the state of Florida, an individual has four years from the date of the accident to take legal action. Failure to identify a defendant properly within this time frame could lead to the plaintiff’s claim being barred altogether.

In Russ v. Williams, the plaintiff was injured in an automobile wreck. The plaintiff filed a complaint against the defendant, claiming he was the owner and driver of the other vehicle involved in the accident. The defendant denied the accusations. Approximately one week after the statute of limitations had expired, the defendant filed a motion for summary judgment, alleging that his wife was the owner and driver of the car when the crash took place.

In response to this new information, the plaintiff filed a motion for leave to file an amended complaint in order to substitute the wife for the husband in the complaint. The defendant then filed a response opposing the motion, arguing that adding his wife was not permitted because she was an entirely new party and the statute of limitations had already expired. The plaintiff argued that, since the amended complaint would relate back to the original complaint, it was permissible. The trial court agreed with the plaintiff and allowed her to file the amended complaint.

Seeking Damages for Negligently Designed Roads in Florida

Published on: April 29, 2015 | by Law Offices of Robert Dixon

Every day, a number of people across Florida are injured in automobile accidents. These accidents have a variety of causes. In most motor vehicle accident cases, the negligent party is one of the drivers. However, sometimes unsafely designed roads can be the root cause of an accident. In Villanueva v. Reynolds, Smith and Hills, Inc., the Fifth District assessed whether an engineering company, Reynolds, Smith and Hills (RS&H), could be liable for negligent road construction even though the county had signed a subsequent set of design plans by a successor engineer.

The case arose after a serious vehicular collision in 2007 that resulted in the death of one of the drivers. The accident took place at a rural intersection in Osceola County. In 1999, the County had hired RS&H to provide design services for a roadway expansion project.

The decedent’s personal representative filed a lawsuit against RS&H as well the county, alleging negligence when it came to the placement of the advance warning signs for the intersection. Specifically, the plaintiffs argued that the advance warning signs were improperly placed. RS&H moved for summary judgment, stating that the plans devised by its company were not used for construction of the advanced warning signs, that the county assumed full responsibility for the plan when it signed and sealed a subsequent set of plans, and that the county assumed all responsibility for obvious flaws in the plan by accepting the final project.

Drowsy Driving in Florida

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

Every year, a number of individuals in the state of Florida and throughout the United States are injured in automobile accidents caused by drowsy drivers. Fatigued and exhausted drivers pose great risks to other drivers and pedestrians on the road. If you or someone close to you has been injured by a drowsy driver, it is important to seek the help of a qualified Miami personal injury attorney who can assess the merits of your case. These claims can be hard to substantiate, which is why having a reputable lawyer on your side can make all the difference.

Studies have indicated that drowsy driving can be as dangerous as drunk driving, since drowsy drivers may experience slower reaction times, impaired vision, and an impaired ability to make decisions. The National Sleep Foundation’s Sleep in America Poll reports that approximately 60 percent of Americans have driven while feeling sleepy, while 37 percent have actually fallen asleep behind the wheel.

According to the National Highway Traffic Safety Administration (NHTSA), drowsy driving causes 56,000 automobile crashes every year. The NHTSA also finds that the following drivers are most at risk for drowsy driving: adults between 18 and 29 years of age; men; adults with children; and shift workers. Continue Reading ›

Chain Reaction Accidents in Florida

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

Unfortunately, one reality of driving is the rare but potentially life-threatening chain reaction accidents that can take place on highways in Florida and throughout the United States. Depending on the number of cars involved, the speeds at which the collision happened, and the angles at which each automobile was hit, the consequences can be very serious for everyone involved. When trucks are involved, the result can be particularly devastating. If you or someone close to you has been injured in a chain reaction wreck, it is important to seek the help of a qualified Miami injury attorney who can help you seek the compensation you deserve for your injuries.

Chain reaction accidents refer to wrecks involving multiple vehicles in a series of impacts. Put another way, chain reaction accidents take place when three or more vehicles collide into one another in a series of rear-end accidents. For example, Driver A is rear ended by Driver B, who is rear ended by Driver C.

According to the National Highway Safety Administration (NHTSA) crash caution survey, 57.2 percent of accidents involve two or more vehicles. Chain reaction collisions have a number of causes, including low-visibility conditions, tailgating drivers, inclement weather, road hazards, and more. On highways, these accidents can be especially dangerous, due to the high speed at which vehicles are traveling. Continue Reading ›