Car Accidents Category Archives - Page 11 of 16 - South Florida Injury Lawyer Blawg Published by Miami Accident Attorneys

Drunk Driving Accidents Around the Holidays in Florida

Published on: January 4, 2017 | by Law Offices of Robert Dixon

With the holidays come family gatherings and socializing with friends. Christmas and the New Year are a time when people are celebrating with those closest to them. But the sad reality is that drunk driving accidents injure and even kill a number of people each holiday season in Florida and across the United States.

According to Insurance Institute for Highway Safety data, January 1 has the highest percentage of traffic fatality deaths related to alcohol. In fact, between 2007 and 2011, alcohol accounted for 42 percent of all traffic deaths during the holiday. The National Highway Traffic Safety Administration, a division of the United States Department of Transportation, confirms this statistic and reports that nearly half of all traffic fatalities involve alcohol on New Year’s Day, compared to 28 percent for December.

Each person getting behind the wheel must be vigilant in making sure that they are capable of driving at that time. Under Florida law, driving under the influence (DUI) is an offense, proved by the impairment of normal faculties or an unlawful blood alcohol or breath alcohol level of .08 or above. Put another way, it is illegal to drive in Florida if your blood alcohol level is .08 or higher.

The Wrongful Act Doctrine in Florida Injury Cases

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

Florida follows the ‘American Rule.’ Each party pays their own attorney’s fees, irrespective of whether they win or lose, unless there is some contract, statute, or court rule that says otherwise. This lets people file lawsuits without the fear of incurring excessive costs if they lose the case. The American Rule is in contrast to the English Rule, which mandates that the losing party always pays the winning party’s attorney’s fees.

An exception to the American Rule is the ‘Wrongful Act Doctrine,’ which allows a plaintiff to recover from a defendant, as an additional element of damages, the plaintiff’s litigation costs that resulted from asserting a claim or defense in a third-party lawsuit. To obtain such expenses, the defendant must have engaged in misconduct that caused the plaintiff to litigate with third parties or placed the plaintiff in a situation in which it was necessary to incur legal expenses to protect an interest.

Consider the following example. Plaintiff Peter owns a car. Defendant David wrongfully takes possession of the vehicle and sells it to a third party, Tom. Paul is now forced to take legal action against Tom to get the vehicle back. Peter also sues David due to his misconduct in taking the car in the first place. Under the Wrongful Act Doctrine, Peter is permitted to collect his lawyer’s fees incurred in the lawsuit against Tom but not the lawyer’s fees in the case between David and him.

Is Damage to a Prosthetic Limb Considered Property Damage or Personal Injury in Florida?

Published on: December 14, 2016 | by Law Offices of Robert Dixon

If you or someone close to you suffered prosthetic damage in an accident that was not your fault, it is important to seek the help and guidance of a skilled Miami injury attorney. We will scrutinize the facts of your case and make every effort to get you the compensation you deserve.

Earlier this year, the question of prosthetics and personal injury law was explored at Oxford University’s Human Enhancement and the Law: Regulating for the Future conference, which dealt with legal issues that may come up as a result of developments in human enhancement technologies.

For those who rely on prosthetic limbs, it can feel like the limb is actually part of your natural body. No matter how dependent you may be on the prosthetic, however, the law makes a distinction between an individual who is using a prosthetic and the device itself. Put another way, the prosthetic limb is considered property.

Common Mistakes Florida Drivers Make Behind the Wheel

Published on: December 12, 2016 | by Law Offices of Robert Dixon

Unfortunately, automobile accidents are a daily occurrence in Florida and throughout the United States. The reality is that these accidents can have long-term and serious consequences for everyone involved. If you or someone close to you has been injured in a motor vehicle accident, it is important to seek the help and guidance of a Miami injury attorney. We can scrutinize the facts of your case and determine what caused the accident and your resulting harm.

Driving is a privilege, rather than a right. Therefore, every driver on the road has a duty to drive using reasonable care and obey Florida traffic laws. The following are common examples of driving mistakes that people make behind the wheel:

Speeding

Speeding is a top cause of automobile accidents in the United States. Drivers often don’t realize the serious risks associated with speeding, some of which include losing control of a vehicle and not being able to stop in time to avoid hitting another car or pedestrian. Speeding is dangerous even when it’s happening at a moderate level.

Court Upholds $0 Verdict Due to Dishonesty and Conflicting Causation Evidence

Published on: December 12, 2016 | by Law Offices of Robert Dixon

Personal injury cases depend heavily on the facts of the case. These facts are typically established through witnesses, expert testimony, and documentation that supports one side’s position. If you or someone you love has been injured in an automobile accident that was caused by the recklessness of another driver, we can help. At the Law Offices of Robert Dixon, our Miami injury attorneys have the skill and experience to handle your claim. We can gather the relevant information and aggressively pursue your case at every step of the way.

In Finkel v. Batista, a Florida court of appeal affirmed a lower court’s verdict of $0 for a plaintiff who was involved in a car wreck with the defendant, even though the jury determined that the defendant was 100 percent liable for the accident.

The defendant claimed that the damage to the plaintiff’s car was minor. An expert for the defense also stated that a minor accident of this nature could not have caused any injury to the plaintiff. The plaintiff consulted her own physician, who opined that the wreck caused the plaintiff to suffer permanent injuries.

Whiplash Injuries in Florida

Published on: December 7, 2016 | by Law Offices of Robert Dixon

If you or someone you know was recently involved in an automobile accident that was not your fault and are now suffering from a stiff neck or a sore neck, you may have sustained whiplash injuries. At the Law Offices of Robert Dixon, our experienced Miami whiplash attorneys can diligently scrutinize the merits of your case and seek the compensation you deserve for your injuries. We strongly believe in holding negligent parties responsible for the harm that they cause.

According to the Mayo Clinic, whiplash is a neck injury due to forceful, rapid, back and forth movement of the neck, like the cracking of a whip. Put another way, whiplash is a soft tissue neck injury that is typically sustained when a person’s head is suddenly jerked backwards and then forwards. This type of injury most often takes place during a rear-end car accident. However, semi-truck accidents, workplace accidents, slip and falls, assaults, and other catastrophic events can also cause whiplash injuries.

The Institute for Highway Safety (IIHS) has found that neck pain resulting from whiplash is the most commonly reported injury related to insurance claims in the United States. In fact, IIHS data reveals that approximately 66 percent of all claimants who filed bodily injury liability coverage in 2002 claimed neck injuries. Other estimates indicate that there are about 120,000 annual incidents of whiplash in the United States.

The “Fabre Doctrine” in Florida

Published on: November 21, 2016 | by Law Offices of Robert Dixon

When multiple parties are involved in an automobile accident, apportioning liability can be difficult. If you have been injured in a car wreck, it is important to seek the help of a skilled Miami attorney who can assess the merits of your case. You can trust that we will try to get you the compensation you deserve for your harm. At the Law Offices of Robert Dixon, we understand the nuances of personal injury law and can apply this knowledge in your case.

Florida is a pure comparative negligence state and also adheres to something known as the Fabre doctrine. Under the principle of pure comparative negligence, your recovery will be limited by the amount you were responsible for the accident. For example, if you are suing another driver, and you are found to be 20% at fault, your damages will be decreased by 20%. In other words, you will only be permitted to recover an award of 80% of your total monetary damages. In this manner, the doctrine of comparative negligence apportions negligence among the different parties involved in the accident.

Some time ago, the Florida Supreme Court established what is known as the Fabre Doctrine, which is a method by which a defendant may try to blame all or part of your damages on some other individual or entity, a non-party to the lawsuit, thereby avoiding being forced to pay all or part of your damages.

Negligent Entrustment and Vicarious Liability in Florida

Published on: November 3, 2016 | by Law Offices of Robert Dixon

Car accidents happen all the time in Florida and throughout the United States. In most cases, the owner of the car is the person driving it. But what happens when you loan your car to someone, and they get into an accident? Under Florida law, a vehicle owner may still be liable even though they were not actually behind the wheel at the time of the crash.

Earlier this month, television reality star Blac Chyna’s white BMW hit another car carrying three passengers in Los Angeles. Witnesses say that the driver of the car left the scene immediately after the accident. Blac Chyna, however, wasn’t behind the wheel at the time of the accident. The star had loaned her vehicle to a friend, who was ultimately involved in the hit-and-run.

The plaintiff then named Blac Chyna in a personal injury lawsuit, claiming that as the owner of the vehicle, she should be liable for the damages under the theory of negligent entrustment.

Florida Deemed Relatively Safe for Older Drivers by Caring.com Study

Published on: November 3, 2016 | by Law Offices of Robert Dixon

The issue of whether older people should continue to drive into their old age is often a contentious one. Some older individuals are alert and independent and have no problems on the road. Others, however, display signs of risky behavior that could be considered dangerous on the road.

In Caring.com’s 2015 Senior Driving study, it was estimated that about 14 million Americans had been involved in a car accident caused by an elderly driver in the prior year. The Centers for Disease Control and Prevention report that around 586 elderly drivers are injured and 15 are killed in motor vehicle wrecks in the United States each day.

Caring.com’s findings also included the 10 safest states for older drivers. Florida made the top 10 safest states for older drivers, along with Connecticut, Alaska, North Dakota, New Mexico, and more. The study was conducted by comparing the number of fatal collision victims aged 65 years or older in a state with that age group’s share of the state population. In Florida, the ratio of car accident-related fatalities among the state’s 65 and older population (19 percent) matched up with the number of seniors in the state (19 percent as well). One factor that makes Florida one of the safest states for elderly drivers may have to do with the requirements for regular renewals and vision tests for drivers who are 80 years old and above.

Dangerous and Defective Florida Roadways

Published on: October 7, 2016 | by Law Offices of Robert Dixon

A difficult left turn, a sharp curve, or a large pothole can all be causes of serious accidents. If you or someone you know has been injured or killed due to a dangerous or defective road condition, it is important to seek the help of a skilled Miami injury attorney who can assess the merits of your case. We proudly represent clients who have been hurt as a result of poorly designed or maintained public roadways.

There are both federal and Florida laws set in place to protect motorists from dangers on the road. These laws typically govern how and when construction can take place, as well as when certain warnings and gradients must be used.