South Florida Injury Lawyer Blawg

Articles Posted in Accidents

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Airbags are intended to keep people safe in the event of a car accident. Unfortunately, this is not always the case. If you or someone you know has suffered an injury as the result of a defective airbag, it is imperative to seek the help of an experienced Miami personal injury lawyer. Faulty airbags can cause serious long-term injuries. Additionally, cases involving defective airbags can be very complicated, since there could be multiple liable parties, including the airbag manufacturer or the auto manufacturer.

Last month, the National Highway Traffic Safety Administration (NHTSA) issued a press release urging the drivers of over four million recalled vehicles to have their defective air bags replaced immediately. This latest announcement comes on the heels of several other recalls that were announced throughout 2014. The consumer advisory alert noted that the recall was especially urgent for drivers in states with humid climates, including Florida.

Airbags can fail for a number of reasons, including the airbag failing to deploy, deploying too late, deploying too soon, deploying when it was not necessary, or deploying at an improper angle. Continue Reading ›

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Every day, a number of people across each state and even the United States use airplanes to travel. In most cases, passengers depart and arrive safely. However, when an airplane does crash, it can cause catastrophic injuries to the passengers, and in some cases death. Aviation, aircraft, and airplane accident cases are extremely complex, and they require a thorough understanding of state and federal aviation law. These laws typically exist to regulate safety standards and operating procedures for aircrafts. The scope of aviation law is broad and covers personal injuries that take place on board an aircraft, including slip and fall accidents, wrongful death, and more.

A common carrier is one that represents to the public that its principal business is to transport individuals or cargo from one place to another for monetary compensation. Airlines, commercial buses, ferries, and trains are considered common carriers. In the context of aviation, airline operators owe a high duty of care to passengers on board. A high duty of care simply refers to the fact that airlines have a legal obligation to be vigilant about the safety of passengers.

There are a number of reasons that airplane crashes can happen, including a failure to abide by safety standards, a failure to maintain the aircraft, any dangerous conditions inside the aircraft, a failure to check the weather conditions, overloading an airplane, negligent actions by the pilot, and more. Due to the potential for accidents, airlines carry insurance to cover passengers in case of an accident. Continue Reading ›

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The beautiful Florida weather lends itself to many outdoor activities including many water sports like boating, jet skiing, and tubing. Due to the lakes, rivers and coastline in Florida, people can be seen outside enjoying the open air. Unfortunately, these outdoor activities also mean that boating accidents are quite common. In 2008, Florida ranked #1 among all states for boating accidents according to the Florida Fish Wildlife Conservation Committee. If you or someone you know has been injured or killed in a boating accident, the Law Offices of Robert Dixon can help.

Boating accidents can be just as traumatizing as any other accident. Often, victims are left to deal with devastating, lifelong injuries. In the worst accidents, victims lose their lives. The applicable statute of limitations for boating accidents can be complicated, which is why it is best to consult an experienced attorney who is knowledgeable about the specific laws that apply to these types of accidents.

Boating accidents can occur for a number of reasons, some of which include:

  • Driver inattention
  • Ineffective or poor steering
  • Driver inexperience
  • Excessive speeding
  • Operating the boat under the influence of drugs or alcohol
  • Slip and fall accidents

Continue Reading ›

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Under Florida law, auto insurance companies must act in “good faith” when handling claims from people they insure. The term “good faith” is used in many areas of law to refer to honesty and a sincere intention to deal fairly with others. In the context of an insurance company, good faith would refer to the insurance company assessing the damage fairly and offering an adequate payout. An example of bad faith would be an insurance company defrauding the insured party. If an insurance company fails to act in good faith, the insured party can typically file a lawsuit alleging bad faith.

In Rodriguez v. Integon, Mr. Rodriguez was injured in a car accident when he got into a wreck with another vehicle. The other vehicle was owned by another couple who was insured by Integon. Mr. Rodriguez later received a letter from Integon offering a settlement in the amount of $100,000 to “Anthony Rodriguez,” which was not the correct name. The correct name was Alexander Rodríguez. In exchange for the money, the company asked Rodriguez to sign a release form that would release the couple and Integon from all claims arising from the accident. Mr. Rodriguez declined and later sued the couple and won more than $100,000. Mr. Rodriguez then sued Integon for bad faith.

The District Court dismissed the lawsuit, stating that Mr. Rodriguez had failed to allege with specificity a claim upon which relief could be granted. The court explained that a “bad faith” claim arises when the insurer has breached its duty of good faith, specifically the contractual duty to exercise ordinary care when dealing with claims so the insured is not exposed to excess judgments. In this case, Mr. Rodriguez stated that Integon breached the duty of good faith by offering a settlement to someone else, namely “Anthony Rodriguez,” and failed to settle the case in a timely manner. Continue Reading ›

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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 ›

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If you or someone you know was hurt or injured in a motor vehicle accident then you can contact our Miami car crash attorneys today. We are well-versed in personal injury law and proudly represent clients across South Florida. We understand the costs that can quickly add up in the aftermath of an accident and want to help you get the compensation you deserve. While laws surrounding automobile insurance differ from state to state, in Florida, car accident lawyers need to have extensive knowledge of Personal Injury Protection (PIP) to properly handle your case.

Florida requires mandatory PIP coverage. PIP is a facet of car insurance that covers medical bills, lost wages and other damages. Under Florida law, each driver is legally required to carry at least $10,000 in PIP coverage. PIP is designed to be paid regardless of whose fault the accident was. Put another way, if you cause an accident, you can potentially receive payment for your injuries and lost wages. For this reason, PIP is referred to as “no-fault” coverage.

While the Florida Legislature passed changes to the state’s PIP laws in 2013 under the guise of preventing insurance fraud, in reality, the changes have allowed insurance companies to collect similar or higher premiums while providing fewer benefits to policyholders. The statute calls for a staggering 25% reduction in billing for PIP benefits in 2014 although the insurance companies have the right to petition for exclusion from this provision. Continue Reading ›

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Every year, thousands of people are injured on Florida roads, and tragically some are even killed. Unfortunately many of these accidents could have been prevented if the driver exercised reasonable care behind the wheel. While liability is clear when a negligent driver gets into an accident, what happens when a car owner lets another person drive his or her car and that person causes an accident? In this situation, Florida law allows the injured party to take legal action against both the driver and the car owner under the dangerous instrumentality doctrine, which is rooted in negligence.

The dangerous instrumentality doctrine is a common law rule that holds the owner of a fundamentally dangerous tool responsible for any injuries caused by the use of that tool. The doctrine applies to motor vehicles in that car owners may be responsible for any damages suffered by third parties as a result of negligent driving of the car, when the car is driven with the owner’s knowledge and permission.

In Roman v. Bogle, the lawsuit arose from a tragic car accident in which the driver and his passenger were killed when the car ran a red light and was hit by a truck. The passenger’s mother (Roman) filed suit against the driver’s estate as well as the driver’s father (Bogle), claiming that the father, as the owner of the car, was liable under the dangerous instrumentality doctrine. It is important to note that Bogle was not in the car at the time of the accident. Continue Reading ›

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A car accident victim typically has many ways to recover for injuries sustained in the accident. Typically a person will file a claim under the theory of negligence, but, depending on the circumstances of the case, an individual may pursue a negligent infliction of emotional distress (NIED) claim as well.

In Seybold v. Clapis, the United States District Court for the Middle District of Florida explained NIED in the context of car accidents. The plaintiffs in the case were a husband and wife, John and Mandy Seybold, who were with their children at a Disney resort at the time of the accident. John Seybold was checking out of the hotel while Mandy Seybold accompanied her children to their vehicle. The children were seated inside the car while Mandy Seybold stood behind the vehicle. At this time, Mandy Seybold was hit by defendant Victor Clapis’ car, which ended up pinning Ms. Seybold between the two vehicles. Mandy Seybold began to scream. Clapis, however, put his car in park, leaving Mandy Seybold stuck between the two cars. Ultimately, a bystander moved the Seybold’s vehicle to free Mandy Seybold. No Disney employees came to the aid of Ms. Seybold.

The Seybolds sued Clapis as well as the Disney resort under the theory of NIED on behalf of John Seybold and their two children. Disney filed a motion to dismiss the claim arguing the Seybolds did not have a viable NIED claim. Continue Reading ›

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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 ›

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Social media accounts seem to reveal a lot about a person’s life. You may not realize that what you post online could be subject to court analysis in criminal cases and civil cases, such as personal injury claims. It has long been established that persons or entities against whom you file a personal injury lawsuit can ask the court to grant permission to use your Facebook statuses, likes, tweets, photos, comments, videos, and other relevant evidence in a particular case.

In Root v. Balfour Beatty Construction, LLC, a three-year-old boy was the victim of a hit-and-run pedestrian accident near a construction zone. The small child was being pulled in a wagon by his aunt when he ran out of the wagon and across the construction zone before being hit by an automobile. The vehicle driver failed to stop and dragged the boy for a few feet. As a result, the child suffered extensive injuries, including permanent neurological damage.

The automobile driver was arrested and subsequently sentenced to 20 months in prison. Continue Reading ›

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